S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6014

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 13, 2013
                               ___________

Introduced  by M. of A. GIGLIO, MONTESANO -- Multi-Sponsored by -- M. of
  A. GOODELL, TENNEY -- read once  and  referred  to  the  Committee  on
  Governmental Operations

AN  ACT  to  establish the commission on official conduct, providing for
  its powers, duties and functions, and providing for  the  transfer  of
  the  functions, powers and duties of the commission on public integri-
  ty, the office of the state inspector general and the former temporary
  state commission  of  investigation  to  the  commission  on  official
  conduct;  to  amend the civil service law, the legislative law and the
  racing, pari-mutuel wagering and breeding  law,  in  relation  to  the
  commission  on  public  integrity;  to amend the executive law and the
  public authorities law, in relation to the state inspector general; to
  amend the criminal procedure law, the executive  law  and  the  public
  officers  law, in relation to the former temporary state commission of
  investigation; to repeal section 94 of the executive law  relating  to
  the commission on public integrity; to repeal article 4-A of the exec-
  utive law and subdivision 68 of section 2.10 of the criminal procedure
  law  relating  to  the  office  of the state inspector general; and to
  repeal chapter 989 of the laws of 1958, relating to creating a  tempo-
  rary state commission of investigation, relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "commission on official conduct act".
  S 2. Definitions. As used in this act, the following terms shall mean:
  (a)  "Commission" means the commission on official conduct established
by section three of this act.
  (b) "Executive director" means the executive director of  the  commis-
sion, appointed pursuant to section four of this act.
  (c) "Covered agency" means all executive branch agencies, departments,
divisions,  officers,  boards and commissions, public authorities (other

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07871-01-3
              

A. 6014                             2

than multi-state  or  multi-national  authorities)  and  public  benefit
corporations,  the  heads  of  which  are appointed by the governor, and
which do not have their own inspector general by statute.
  S  3. Commission on official conduct; established. (a) There is hereby
established, as an independent state agency, the commission on  official
conduct. The commission shall consist of 5 members appointed as follows:
  (1)  one  member appointed by the chief judge of the court of appeals,
who shall serve as the chair of the commission;
  (2) one member appointed by the presiding  justice  of  the  appellate
division in the first department;
  (3)  one  member  appointed  by the presiding justice of the appellate
division in the second department;
  (4) one member appointed by the presiding  justice  of  the  appellate
division in the third department; and
  (5)  one  member  appointed  by the presiding justice of the appellate
division in the fourth department.
  (b) Each member of the commission  shall  serve  a  term  of  5  years
commencing  on  the  first  of January of the calendar year in which the
vacancy in such office occurs; provided, however, that for  the  members
initially  appointed  as  members, the member appointed by the presiding
justice in the fourth department shall serve  a  term  of  1  year,  the
member appointed by the presiding justice in the second department shall
serve  a  term of 2 years, the member appointed by the presiding justice
in the third department shall serve  a  term  of  3  years,  the  member
appointed by the presiding justice in the first department shall serve a
term of 4 years and the member appointed by the chief judge of the court
of appeals shall serve a term of 5 years.
  Any  vacancy  occurring  in  the membership of the commission shall be
filled within 60 days of its occurrence in the same manner as the member
whose vacancy is being filled was appointed. A person appointed to  fill
a  vacancy  occurring other than by expiration of a term of office shall
be appointed to the unexpired term of the member he or she replaces.
  (c) Four members of the commission shall constitute a quorum, and  the
commission  shall have power to act by majority vote of the total number
of members of the commission without vacancy.
  (d) The members of the commission shall receive  no  compensation  for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties pursuant to this act.
  (e) Members of the commission may be removed by the chief judge of the
court  of  appeals  for substantial neglect of duty, gross misconduct in
office, inability to discharge  the  powers  and  duties  of  office  or
violation of the provisions of this act, after written notice and oppor-
tunity to be heard by the court of appeals.
  S  4.  Executive  director and staff. (a) The commission shall appoint
and employ an executive director who shall serve a term of 6 years.  Any
vacancy  in  the  office of executive director shall be filled within 10
days of its occurrence. A  person appointed to fill  a  vacancy  in  the
office  of  executive  director  occurring other than by expiration of a
term of office shall be appointed to the unexpired term of the executive
director he or she replaces.
  (b) The executive director shall act in accordance with the  policies,
rules and regulations of the commission. He or she shall act in the name
of  the  commission  pursuant  to  the  specific powers delegated by the
commission to the office of executive director.

A. 6014                             3

  (c) The commission shall appoint  and  employ  such  other  staff  and
investigators  as  shall be necessary to carry out its powers and duties
pursuant to this act.
  (d)  The  executive  director,  staff members and investigators may be
removed by the commission for substantial neglect of duty, gross miscon-
duct in office, inability to perform their duties or  violation  of  the
provisions  of  this  act,  after  written  notice and opportunity to be
heard.
  S 5. Powers and duties. The commission shall have the power  and  duty
to:
  (a)  fix the compensation of the executive director, staff members and
investigators;
  (b) request and receive, and shall utilize and be provided  with  such
facilities,  resources  and  data  of  any  court, department, division,
board, bureau, commission or agency of the state or any political subdi-
vision thereof, or of any public  authority  or  public  benefit  corpo-
ration,  as  it  may reasonably request to properly carry out its powers
and duties pursuant to this act;
  (c) adopt, amend and rescind  rules  and  regulations  to  govern  the
procedures  of  the  commission  and to implement the provisions of this
act;
  (d) adopt, amend and rescind rules and regulations to assist  appoint-
ing  authorities  in  determining which persons hold policy-making posi-
tions for the purposes of section 73-a of the public officers law;
  (e) make available forms for annual statements of financial disclosure
required to be filed pursuant to section 73-a  of  the  public  officers
law;
  (f)  review  financial disclosure statements filed pursuant to section
73-a of the public officers law;
  (g)  receive  and  investigate  complaints  and   referrals   alleging
violations of section 73, 73-a or 74 of the public officers law, article
1-A of the legislative law, or section 107 of the civil service law;
  (h)  permit  any person required to file a financial disclosure state-
ment pursuant to section 73-a of the public officers law to delete  from
the  copy  thereof made available for public inspection such information
as shall be determined by the commission will have no  material  bearing
on the discharge of the reporting person's official duties;
  (i) grant any person required to file a financial disclosure statement
pursuant to section 73-a of the public officers law, an additional peri-
od  of time within which to file such statement due to justifiable cause
or undue hardship;
  (j) permit any person required to file a financial  disclosure  state-
ment  pursuant to section 73-a of the public officers law to delete such
information pertaining to such person's spouse or unemancipated children
as shall be found by the commission will have no material bearing on the
discharge of the reporting person's official duties;
  (k) advise and assist any state agency in establishing rules and regu-
lations relating to possible conflicts  between  private  interests  and
official duties of present and former state officers and employees;
  (l)  permit  any  person  who  has  not  been determined by his or her
appointing authority to hold a policy-making position, but who is other-
wise required to file a financial disclosure statement, to be granted an
exemption from such filing requirement. The commission may grant such an
exemption where the public interest does not require disclosure and  the
applicant's duties do not involve negotiation, authorization or approval
of:

A. 6014                             4

  (1)  contracts,  leases,  franchises, revocable consents, concessions,
variances, special permits or licenses as defined in section 73  of  the
public officers law,
  (2)  the  purchase,  sale,  rental or lease of real property, goods or
services, or a contract therefor,
  (3) the obtaining of grants of money or loans, or
  (4) the adoption or repeal of any rule or regulation having the  force
and effect of law;
  (m)  determine  questions  common  to  a  class or defined category of
persons or items of information required to be disclosed, where determi-
nation of the question will prevent undue  repetition  of  requests  for
exemption  or  deletion, or prevent undue complication in complying with
the provisions of this act;
  (n) upon written request from a person subject to the requirements  of
section  73,  73-a  or 74 of the public officers law, render an advisory
opinion on the requirements of such provisions;
  (o) promulgate rules concerning restrictions on outside activities and
limitations or the receipt of gifts and honoraria;
  (p) conduct training programs,  in  cooperation  with  the  governor's
office  of employee relations, to provide instruction to persons subject
to its jurisdiction;
  (q) administer and enforce all provisions of this act;
  (r) conduct any investigation necessary to carry out the provisions of
this act;
  (s) receive and investigate complaints from any source,  or  upon  its
own  initiative,  concerning  allegations of corruption, fraud, criminal
activity, conflicts of interest or abuse in any covered agency;
  (t) inform the heads of covered agencies of such allegations  and  the
progress of investigations related thereto, unless special circumstances
require confidentiality;
  (u)  determine  with  respect to such allegations whether disciplinary
action, civil or criminal prosecution, or further  investigation  by  an
appropriate  federal,  state or local agency is warranted, and to assist
in such investigations;
  (v) prepare and release to the public written reports of such investi-
gations, as appropriate and to the extent permitted by law,  subject  to
redaction  to  protect  the confidentiality of witnesses. The release of
all or portions of such reports may be deferred to protect the confiden-
tiality of ongoing investigations;
  (w) review and examine periodically the  policies  and  procedures  of
covered  agencies  with  regard  to  the  prevention  and  detection  of
corruption, fraud, criminal activity, conflicts of interest or abuse;
  (x) recommend remedial acts to prevent or eliminate corruption, fraud,
criminal activity, conflicts of interest or abuse in covered agencies;
  (y) establish programs  for  training  state  officers  and  employees
regarding  the prevention and elimination of corruption, fraud, criminal
activity, conflicts of interest or abuse in covered agencies;
  (z) subpoena and enforce the attendance of witnesses;
  (aa) administer oaths or  affirmations  and  examine  witnesses  under
oath;
  (bb) require the production of any books and papers deemed relevant or
material to any investigation, examination or review;
  (cc)  examine  and  copy  or  remove  documents or records of any kind
prepared, maintained or held by any covered agency;
  (dd) require any officer or employee in a  covered  agency  to  answer
questions concerning any matter related to the performance of his or her

A. 6014                             5

official duties. No statement or other evidence derived therefrom may be
used  against such officer or employee in any subsequent criminal prose-
cution other than for perjury or contempt arising from  such  testimony.
The  refusal  of  any  officer  or employee to answer questions shall be
cause for removal from office or employment, or other appropriate penal-
ty;
  (ee) monitor the implementation by covered agencies of any recommenda-
tions made by the commission;
  (ff) perform any other functions that are necessary or appropriate  to
fulfill the provisions of this act;
  (gg) conduct investigations in connection with:
  (1)  the  faithful execution and enforcement of the laws of the state,
with particular reference but not limited to organized crime and  racke-
teering,
  (2)  the conduct of public officers and public employees, and of offi-
cers and employees of public benefit corporations  and  public  authori-
ties, and
  (3)  any  matter concerning the public peace, public safety and public
justice;
  (hh) at the direction of  the  governor,  conduct  investigations  and
otherwise assist the governor in connection with:
  (1) the removal of public officers by the governor,
  (2)  the making of recommendations by the governor to any other person
or body, with respect to the removal of public officers, and
  (3) the making of recommendations by the governor to  the  legislature
with  respect  to  changes in or additions to existing provisions of law
required for the more effective enforcement of the law;
  (ii) at the direction or request of the governor or the  head  of  any
department,  board,  bureau,  commission  or  other agency of the state,
investigate the management or affairs of  any  such  department,  board,
bureau, commission or other agency;
  (jj)  upon the request of district attorneys and other law enforcement
officers, cooperate with, advise and assist them in the  performance  of
their official powers and duties;
  (kk)  cooperate  with  departments  and  officers of the United States
government in the investigation of violations of the federal laws within
this state;
  (ll) examine into matters relating to law enforcement extending across
the boundaries of the state into  other  states,  and  may  consult  and
exchange  information  with  officers  and agencies of other states with
respect to law enforcement problems of mutual concern to this and  other
states;
  (mm)  whenever  it  shall appear to the commission that there is cause
for the prosecution for a crime or for the removal of a  public  officer
for  misconduct,  refer  the evidence of such crime or misconduct to the
officials authorized to conduct the prosecution or to remove the  public
officer;
  (nn)  keep the public informed as to the operations of organized crime
and problems of law enforcement in the state; and
  (oo) exercise any and all powers of the former  commission  on  public
integrity  and  the former office of the state inspector general as they
existed immediately prior to the effective date of this act,  and  exer-
cise  any  and  all  powers  of the former temporary state commission of
investigation as they existed on March 30, 2011.
  S 6. Financial disclosure. (a) The commission shall inspect all finan-
cial disclosure statements filed with the commission to ascertain wheth-

A. 6014                             6

er any person subject to the reporting requirements of section  73-a  of
the public officers law has failed to file such a statement, has filed a
deficient  statement  or  has filed a statement which reveals a possible
violation of section 73, 73-a or 74 of the public officers law.
  (b) If a person required to file a financial disclosure statement with
the  commission has failed to file a disclosure statement or has filed a
deficient statement, the commission shall notify the reporting person in
writing, state the failure to file or detail the deficiency, provide the
person with a fifteen day period to cure the deficiency, and advise  the
person  of  the  penalties  for  failure  to  comply  with the reporting
requirements. Such notice shall be confidential. If the person fails  to
make  such  filing  or fails to cure the deficiency within the specified
time period, the commission shall send a notice of delinquency:  (1)  to
the  reporting  person; (2) in the case of a statewide elected official,
to the temporary president of the senate and the speaker of  the  assem-
bly; and (3) in the case of a state officer or employee, to the appoint-
ing authority for such person. Such notice of delinquency may be sent at
any  time  during  the reporting person's service as a statewide elected
official, state officer or employee, political party chair  or  while  a
candidate  for statewide office, or within one year after termination of
such service or candidacy. The  jurisdiction  of  the  commission,  when
acting  pursuant  to  subdivision  (d)  of  this section with respect to
financial disclosure, shall continue notwithstanding that the  reporting
person  separates  from  state  service,  or  ceases to hold office as a
statewide elected official or political party chair, or ceases to  be  a
candidate,  provided  the commission notifies such person of the alleged
failure to file or deficient filing pursuant to this subdivision.
  (c)(1) If  the  commission  receives  a  sworn  complaint  alleging  a
violation  of section 73, 73-a or 74 of the public officers law, section
107 of the civil service law or article 1-A of the legislative law by  a
person  or entity subject to the jurisdiction of the commission, or if a
reporting individual has filed a  statement  which  reveals  a  possible
violation  of  these  provisions, or if the commission determines on its
own initiative to investigate a possible violation, the commission shall
notify the individual in  writing,  describe  the  possible  or  alleged
violation  of such laws and provide the person with a fifteen day period
in which to submit a written response setting forth information relating
to the activities cited as a possible or alleged violation  of  law.  If
the  commission thereafter makes a determination that further inquiry is
justified, it shall give the individual an opportunity to be heard.  The
commission  shall  also inform the individual of its rules regarding the
conduct of adjudicatory proceedings and  appeals  and  the  due  process
procedural  mechanisms  available  to such individual. If the commission
determines at any stage of the proceeding that there is no violation  or
that any potential conflict of interest violation has been rectified, it
shall  so  advise the individual and the complainant, if any. All of the
foregoing proceedings shall be confidential.
  (2) If the commission determines that there  is  reasonable  cause  to
believe that a violation has occurred, it shall send a notice of reason-
able cause: (i) to the reporting person; (ii) to the complainant if any;
(iii)  in  the  case  of  a statewide elected official, to the temporary
president of the senate and the speaker of the assembly; and (iv) in the
case of a state officer or employee, to  the  appointing  authority  for
such person.
  (3)  The  jurisdiction  of the commission when acting pursuant to this
act shall continue notwithstanding that a statewide elected official  or

A. 6014                             7

a state officer or employee separates from state service, or a political
party  chair  ceases  to hold such office, or a candidate ceases to be a
candidate, or a lobbyist or client of a lobbyist ceases to act as  such,
provided  that  the commission notifies such individual or entity of the
alleged violation of law pursuant to paragraph one of  this  subdivision
within  one year from his or her separation from state service or his or
her termination of party service or candidacy, or from his, her  or  its
last  report filed pursuant to article 1-A of the legislative law. Noth-
ing in this section shall serve to limit the jurisdiction of the commis-
sion in enforcement of subdivision 8 of section 73 of the  public  offi-
cers law.
  (d)  An  individual  subject to the jurisdiction of the commission who
knowingly and intentionally violates the provisions  of  subdivisions  2
through  5,  7, 8, 12 or 14 through 17 of section 73 of the public offi-
cers law, section 107 of the civil service law, or a reporting  individ-
ual  who  knowingly  and  wilfully  fails to file an annual statement of
financial disclosure or  who  knowingly  and  wilfully  with  intent  to
deceive makes a false statement or fraudulent omission or gives informa-
tion which such individual knows to be false on such statement of finan-
cial  disclosure  filed  pursuant to section 73-a of the public officers
law shall be subject to a civil penalty  in  an  amount  not  to  exceed
$40,000 and the value of any gift, compensation or benefit received as a
result  of such violation. An individual who knowingly and intentionally
violates the provisions of paragraph b, c, d or i of  subdivision  3  of
section 74 of the public officers law shall be subject to a civil penal-
ty in an amount not to exceed $10,000 and the value of any gift, compen-
sation  or benefit received as a result of such violation. An individual
who knowingly and intentionally violates the provisions of paragraph  a,
e  or  g of subdivision 3 of section 74 of the public officers law shall
be subject to a civil penalty in an amount not to exceed  the  value  of
any  gift,  compensation  or  benefit  received  as  a  result  of  such
violation. An individual subject to the jurisdiction of  the  commission
who  knowingly and willfully violates article 1-A of the legislative law
shall be subject to civil penalty  as  provided  for  in  that  article.
Assessment  of a civil penalty pursuant to this section shall be made by
the commission with respect to persons subject to its  jurisdiction.  In
assessing  the  amount of the civil penalties to be imposed, the commis-
sion shall consider the seriousness of the violation, the amount of gain
to the individual and whether the individual previously had any civil or
criminal penalties imposed pursuant  to  this  section,  and  any  other
factors the commission deems appropriate. For a violation of this subdi-
vision,  other than for conduct which constitutes a violation of section
107 of the civil service law,  subdivisions  12  or  14  through  17  of
section  73  or  section 74 of the public officers law or article 1-A of
the legislative law, the commission may, in lieu  of  a  civil  penalty,
refer   a   violation  to  the  appropriate  prosecutor  and  upon  such
conviction, such violation shall be punishable as a class A misdemeanor.
A civil penalty for false filing may not be  imposed  pursuant  to  this
section in the event a category of "value" or "amount" reported pursuant
to this section is incorrect unless such reported information is falsely
understated. Notwithstanding any other provision of law to the contrary,
no  other  penalty,  civil  or  criminal may be imposed for a failure to
file, or for a false filing,  of  such  statement,  or  a  violation  of
section  73  of  the  public  officers  law,  except that the appointing
authority may impose disciplinary action as otherwise provided  by  law.
The  commission  may  refer violations of this section to the appointing

A. 6014                             8

authority for disciplinary action as  otherwise  provided  by  law.  The
commission shall be deemed to be an agency within the meaning of article
3  of  the  state  administrative  procedure  act  and shall adopt rules
governing  the  conduct  of  adjudicatory  proceedings and appeals taken
pursuant to a proceeding commenced under article 78 of the  civil  prac-
tice  law  and  rules  relating to the assessment of the civil penalties
authorized by this subdivision and commission denials  of  requests  for
certain  deletions  or exemptions to be made from a financial disclosure
statement as authorized by this act. Such  rules,  which  shall  not  be
subject  to the approval requirements of the state administrative proce-
dure act, shall provide for due process procedural  mechanisms  substan-
tially  similar to those set forth in article 3 of the state administra-
tive procedure act but such mechanisms need not be identical in terms or
scope. Assessment of a civil penalty or  commission  denial  of  such  a
request  shall  be  final  unless  modified, suspended or vacated within
thirty days of imposition, with respect to the assessment of such penal-
ty, or unless such denial of request is reversed within such time  peri-
od,  and  upon becoming final shall be subject to review at the instance
of the affected reporting individuals in a proceeding commenced  against
the  commission,  pursuant  to  article 78 of the civil practice law and
rules.
  (e) If the commission has a  reasonable  basis  to  believe  that  any
person  subject to the jurisdiction of the legislative ethics commission
may have violated any provisions of section 73 or 74 of the public offi-
cers law, it may refer such violation to the legislative ethics  commis-
sion.   The referral by the commission to the legislative ethics commis-
sion shall include any information  relating  thereto  coming  into  the
custody  or  under  the  control  of the commission at any time prior or
subsequent to the time of the referral.
  (f) A copy of any notice of delinquency or notice of reasonable  cause
sent  pursuant  to  subdivisions  (b)  and  (c) of this section shall be
included in the reporting person's file  and  be  available  for  public
inspection and copying.
  S  7. Website. Within one hundred twenty days of the effective date of
this section, the commission shall  create  and  thereafter  maintain  a
publicly  accessible  website  which  shall  set forth the procedure for
filing a complaint with the commission,  and  which  shall  contain  the
documents  identified in section eight of this act, other than financial
disclosure statements, and any other records or  information  which  the
commission determines to be appropriate.
  S  8. Public access to records.  (a) Notwithstanding the provisions of
article 6 of the public officers law, the only records of the commission
which shall be available for public inspection and copying are:
  (1) the information set forth in  an  annual  statement  of  financial
disclosure  filed  pursuant  to  section 73-a of the public officers law
except the categories of value or amount, which shall  remain  confiden-
tial, and any other item of information deleted pursuant to this act;
  (2)  notices  of delinquency sent under subdivision (b) of section six
of this act;
  (3) notices of reasonable cause sent under paragraph two  of  subdivi-
sion (c) of section six of this act;
  (4)  notices  of  civil assessments imposed under this act which shall
include a description of the  nature  of  the  alleged  wrongdoing,  the
procedural  history  of  the  complaint, the findings and determinations
made by the commission, and any sanction imposed;

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  (5) the terms of any settlement or compromise of a complaint or refer-
ral which includes a fine, penalty or other remedy; and
  (6)  those required to be held or maintained publicly available pursu-
ant to article 1-A of the legislative law.
  (b) Pending any application for deletion or exemption to  the  commis-
sion,  all information which is the subject or a part of the application
shall remain confidential. Upon an adverse determination by the  commis-
sion,  the  reporting  individual may request, and upon such request the
commission shall provide, that any information which is the  subject  or
part  of the application remain confidential for a period of thirty days
following notice of such determination. In the event that the  reporting
individual  resigns  his or her office and holds no other office subject
to the jurisdiction of the commission, the information shall not be made
public and shall be expunged in its entirety.
  S 9. Responsibilities of covered agencies, state officers and  employ-
ees.  (a)  Every  state  officer  or  employee in a covered agency shall
report promptly to the commission any information concerning corruption,
fraud, criminal activity, conflicts of  interest  or  abuse  by  another
state  officer  or employee relating to his or her office or employment,
or by a person having business dealings with a covered  agency  relating
to  those dealings. The knowing failure of any officer or employee to so
report shall be cause for removal from office  or  employment  or  other
appropriate  penalty.  Any officer or employee who acts pursuant to this
subdivision by reporting to the commission improper governmental  action
as defined in section 75-b of the civil service law shall not be subject
to dismissal, discipline or other adverse personnel action.
  (b)  The  head  of any covered agency shall advise the governor within
ninety days of the issuance of a report by  the  commission  as  to  the
remedial action that the agency has taken in response to any recommenda-
tion for such action contained in such report.
  S  10.  Confidentiality. Any person conducting or participating in any
examination or investigation who shall disclose to any person other than
the commission or an officer having the power to appoint one or more  of
the  commissioners  the name of any witness examined, or any information
obtained or given upon such  examination  or  investigation,  except  as
directed by the commission, shall be guilty of a misdemeanor.
  S  11.  Evidence  to be impounded. Upon the application of the commis-
sion, the executive director or a duly authorized member of  its  staff,
the supreme court or a justice thereof may impound any exhibit marked in
evidence  in  any  public  or private hearing held in connection with an
investigation conducted by the commission, and may order such exhibit to
be retained by, or delivered to  and  placed  in  the  custody  of,  the
commission.  When  so impounded such exhibit shall not be taken from the
custody of the commission, except upon further order of the court  or  a
justice thereof made upon five days notice to the commission or upon its
application or with its consent.
  S  12.  Immunity  from  prosecution.  In  any investigation or hearing
conducted by the commission pursuant to this act, relating to any  crime
or  offense  with  respect  to which, by express provision of statute, a
competent authority is authorized to confer immunity; the commission may
confer immunity in accordance with the provisions of  section  50.20  of
the criminal procedure law, but only after affording the attorney gener-
al  and the appropriate district attorney the opportunity to be heard in
respect to any objections which they may have to the  granting  of  such
immunity.

A. 6014                            10

  S 13. Transfer of functions, powers and duties. All functions, powers,
duties  and obligations of the former commission on public integrity and
the former office of the state inspector general are hereby  transferred
to the commission.
  S 14. Transfer of employees. (a) Upon transfer of the functions of the
former commission on public integrity and the former office of the state
inspector  general  to  the commission, provisions shall be made for the
transfer to the commission of those employees of  such  former  agencies
who  were  engaged in carrying out the functions transferred by this act
in accordance with section 70 of the civil service  law  or,  where  not
subject  to  the  civil  service  law, the provisions of such section 70
shall be deemed applicable, except where the  context  clearly  requires
otherwise.  Any  such  employee who, at the time of such transfer, has a
temporary or provisional appointment shall be transferred subject to the
same right of removal, examination or termination as though such  trans-
fer had not been made except to the extent such rights are modified by a
collective  bargaining  agreement.  Employees holding permanent appoint-
ments in competitive class positions who are not transferred pursuant to
this  section  shall  have  their  names  entered  upon  an  appropriate
preferred list for reinstatement pursuant to the civil service law.
  (b)  A  transferred  employee  shall  remain  in  the  same collective
bargaining unit as was the case prior to his or her transfer;  successor
employees  to  the  positions  held by such transferred employees shall,
consistent with the provisions of article 14 of the civil  service  law,
be included in the same unit as their predecessors. Employees other than
management  or  confidential  persons  (as  defined in article 14 of the
civil service law), serving positions in newly created titles  shall  be
assigned  to  the appropriate bargaining unit. Nothing contained in this
section shall be construed to affect:
  (1) the rights of employees pursuant to a collective bargaining agree-
ment;
  (2) the representational relationships among employee organizations or
the bargaining relationships between the state and an employee organiza-
tion; or
  (3) existing law with respect to an application to the public  employ-
ment relations board, provided, however, that the merger of such negoti-
ating  units of employees shall be effected only with the consent of the
recognized and certified representative of such units and of the depart-
ment of law.
  S 15. Transfer of records. All  books,  papers  and  property  of  the
former commission on public integrity and the former office of the state
inspector  general  are  to be delivered to the commission at such place
and time, and in such manner as the commission shall require.
  S 16. Continuity of authority. For the purpose of  succession  to  all
functions,  powers,  duties  and obligations of the former commission on
public integrity and the former office of the  state  inspector  general
transferred  to  and  assumed  by  the commission, such commission shall
continue the operation thereof as if performed by such former agencies.
  S 17. Completion of unfinished business. Any business or other  matter
undertaken or commenced by the former commission on public integrity and
the  former  office  of  the  state  inspector  general pertaining to or
connected with the functions, powers, duties and obligations transferred
and assigned to the commission and pending on the effective date of this
section shall be conducted and completed by the commission in  the  same
manner  and under the same terms and conditions and with the same effect
as if conducted and completed by such former agencies.

A. 6014                            11

  S 18. Continuation of rules and regulations. All  rules,  regulations,
acts,  orders,  determinations and decisions of the former commission on
public integrity and the former office of the state inspector general in
force at the time of such transfer and  assumption,  shall  continue  in
force and effect as rules, regulations, acts, orders, determinations and
decisions of the commission until duly modified or abrogated.
  S 19. Terms occurring in laws, contracts and other documents. Whenever
the  former  commission  on public integrity or the former office of the
state inspector general  is  referred  to  or  designated  in  any  law,
contract  or  document  pertaining to the functions, powers, obligations
and duties transferred and assigned pursuant to this act, such reference
or designation shall be deemed to refer to the commission.
  S 20. Existing rights and remedies preserved.  No  existing  right  or
remedy of any character shall be lost, impaired or affected by reason of
any transfer or assignment pursuant to this act.
  S  21. Pending actions or proceedings. No action or proceeding pending
upon the effective date of  this  section  relating  to  the  functions,
powers  and  duties of the former commission on public integrity and the
former office of the state inspector general transferred to the  commis-
sion, brought by or against any such former agency, shall be affected by
any provision of this act, but the same may be prosecuted or defended in
the  name  of  the  commission. In all such actions and proceedings, the
commission, upon application to the court, shall  be  substituted  as  a
party.
  S  22.  Transfer  of  appropriations  heretofore  made. Subject to the
approval of the director of the division of the  budget,  all  appropri-
ations  and reappropriations heretofore made to the former commission on
public integrity and the former office of the  state  inspector  general
for  the  purposes and functions transferred pursuant to this act to the
commission, to  the  extent  of  remaining  unexpended  or  unencumbered
balance thereof, whether allocated or unallocated, and whether obligated
or unobligated, are hereby transferred to and made available for use and
expenditure by the commission for the same purposes for which originally
appropriated  or  reappropriated and shall be payable on vouchers certi-
fied or approved by the executive director on audit and warrant  of  the
comptroller. Payments for liabilities for expenses of personal services,
maintenance  and  operation  heretofore  incurred by and for liabilities
incurred and to be incurred in completing  the  affairs  of  the  former
commission  on  public  integrity  and  the  former  office of the state
inspector general with respect  to  the  powers,  duties  and  functions
transferred  in this act, shall also be made on vouchers or certificates
approved by the executive director on audit and  warrant  of  the  comp-
troller.
  S  23. Transfer of assets and liabilities.  All assets and liabilities
of the former commission on public integrity and the  former  office  of
the state inspector general are hereby transferred to and assumed by the
commission.
  S  24.  The  commission is hereby directed to immediately take any and
all actions necessary to enable it to  assume  all  powers,  duties  and
functions  of  the  former  commission  on  public integrity, the former
office of the state inspector general and  the  former  temporary  state
commission of investigation within 90 days of the effective date of this
act.
  S  25.  Subdivision  5  of  section  107  of the civil service law, as
amended by chapter 14 of the  laws  of  2007,  is  amended  to  read  as
follows:

A. 6014                            12

  5.  Violation of this section. Complaints alleging a violation of this
section by a statewide elected official or a state officer or  employee,
as  defined  in section seventy-three of the public officers law, may be
directed to the commission on [public integrity] OFFICIAL CONDUCT.
  S 26. Section 94 of the executive law is REPEALED.
  S  27.  Subdivision  (f)  of  section  1-c  of the legislative law, as
amended by chapter 14 of the  laws  of  2007,  is  amended  to  read  as
follows:
  (f)  The term "commission" shall mean the commission on [public integ-
rity created by section  ninety-four  of  the  executive  law]  OFFICIAL
CONDUCT.
  S 28. Subdivision 3 of section 212 of the racing, pari-mutuel wagering
and  breeding  law,  as  amended  by  chapter 18 of the laws of 2008, is
amended to read as follows:
  3. Such members, except as otherwise provided by law,  may  engage  in
private or public employment, or in a profession or business. The board,
its  members,  officers and employees shall be subject to the provisions
of sections seventy-three and seventy-four of the public  officers  law.
No former trustee or officer of a non-profit racing association known as
The  New  York  Racing  Association, Inc. or its predecessor, no current
director or officer of a franchised corporation or any individual regis-
tered with the [New York]  commission  on  [public  integrity]  OFFICIAL
CONDUCT  shall be appointed as members to the board nor shall any member
of the board have any direct or  indirect  interest  in  any  racehorse,
thoroughbred  racing  or  pari-mutuel  wagering  business, video lottery
terminal facility or any development at any racing facility.
  S 29. Article 4-A of the executive law is REPEALED.
  S 30. Subdivision 3 of section 63 of the executive law, as amended  by
chapter 155 of the laws of 2012, is amended to read as follows:
  3.  Upon  request  of  the  governor, comptroller, secretary of state,
commissioner of transportation, superintendent  of  financial  services,
commissioner of taxation and finance, commissioner of motor vehicles, or
the  [state  inspector  general]  COMMISSION ON OFFICIAL CONDUCT, or the
head of any other department,  authority,  division  or  agency  of  the
state,  investigate  the alleged commission of any indictable offense or
offenses in violation of the law which the officer making the request is
especially required to execute or in relation to any  matters  connected
with such department, and to prosecute the person or persons believed to
have  committed  the  same  and any crime or offense arising out of such
investigation or prosecution or  both,  including  but  not  limited  to
appearing before and presenting all such matters to a grand jury.
  S 31. Section 2350-dd of the public authorities law, as added by chap-
ter 762 of the laws of 2005, is amended to read as follows:
  S  2350-dd.  Jurisdiction  of  [state inspector general] COMMISSION ON
OFFICIAL CONDUCT. The agency is  subject  to  the  jurisdiction  of  the
[office of the state inspector general] COMMISSION ON OFFICIAL CONDUCT.
  S  32. Subdivision 3 of section 2.10 of the criminal procedure law, as
added by chapter 843 of the laws of 1980, is amended to read as follows:
  3. [Investigators] THE EXECUTIVE DIRECTOR  AND  INVESTIGATORS  of  the
[office of the state] commission [of investigation] ON OFFICIAL CONDUCT.
  S 33. Subdivision 68 of section 2.10 of the criminal procedure law, as
added by chapter 168 of the laws of 2000, is REPEALED.
  S  34. Subdivision 3 of section 70-a of the executive law, as added by
chapter 1003 of the laws of 1970, is amended to read as follows:
  3. The deputy attorney general in charge of the organized  crime  task
force  may  request and shall receive from the division of state police,

A. 6014                            13

the state department of taxation and finance, the  state  department  of
labor,  the  [temporary state] commission [of investigation] ON OFFICIAL
CONDUCT, and from every department, division, board, bureau,  commission
or  other  agency of the state, or of any political subdivision thereof,
cooperation and assistance in the performance of his duties. Such deputy
attorney general may provide  technical  and  other  assistance  to  any
district  attorney  or  other  local law enforcement official requesting
such assistance in the investigation or prosecution of  organized  crime
cases.
  S 35. Subdivision 9 of section 835 of the executive law, as separately
amended  by  chapters 14 and 155 of the laws of 2012, is amended to read
as follows:
  9. "Qualified agencies" means courts in the unified court system,  the
administrative  board of the judicial conference, probation departments,
sheriffs' offices, district attorneys' offices, the state department  of
corrections  and  community supervision, the department of correction of
any municipality, the financial frauds and consumer protection  unit  of
the  state  department of financial services, the office of professional
medical conduct of the state department of health for  the  purposes  of
section  two  hundred thirty of the public health law, the child protec-
tive services unit of a local social services district  when  conducting
an  investigation  pursuant  to  subdivision six of section four hundred
twenty-four of the social services law, the office of Medicaid inspector
general, the [temporary state] commission [of investigation] ON OFFICIAL
CONDUCT,  police  forces  and  departments  having  responsibility   for
enforcement  of  the  general  criminal  laws of the state, the Onondaga
County Center for Forensic Sciences Laboratory when  acting  within  the
scope  of  its  law  enforcement  duties  and  the  division of forensic
services of the Nassau county  medical  examiner's  office  when  acting
within the scope of its law enforcement duties.
  S  36.  Subdivision  8  of  section  92 of the public officers law, as
amended by section 135 of subpart B of part C of chapter 62 of the  laws
of 2011, is amended to read as follows:
  (8)  Public  safety  agency  record.  The  term  "public safety agency
record" means a record  of  the  state  commission  of  correction,  the
[temporary state] commission [of investigation] ON OFFICIAL CONDUCT, the
department of corrections and community supervision, the office of chil-
dren  and  family services, the office of victim services, the office of
probation and correctional alternatives or the division of state  police
or  of  any  agency  or  component thereof whose primary function is the
enforcement of civil or criminal statutes if  such  record  pertains  to
investigation,  law  enforcement, confinement of persons in correctional
facilities or supervision of persons pursuant to criminal conviction  or
court  order,  and  any  records  maintained by the division of criminal
justice services pursuant to sections eight hundred thirty-seven,  eight
hundred  thirty-seven-a,  eight  hundred  thirty-seven-b,  eight hundred
thirty-seven-c, eight hundred thirty-eight, eight  hundred  thirty-nine,
and  eight hundred forty-five of the executive law and by the department
of state pursuant to section ninety-nine of the executive law.
  S 37. Chapter 989 of the laws of  1958,  creating  a  temporary  state
commission of investigation, is REPEALED.
  S  38. Paragraph (b) of subdivision 9 of section 80 of the legislative
law, as added by section 9 of part A of chapter 399 of the laws of 2011,
is amended to read as follows:
  (b) Not later than forty-five calendar days  after  receipt  from  the
joint  commission on public ethics of a written substantial basis inves-

A. 6014                            14

tigation report and any  supporting  documentation  or  other  materials
regarding  a matter before the commission [pursuant to subdivision four-
teen-a of section ninety-four of the executive law], unless requested by
a  law  enforcement agency to suspend the commission's action because of
an ongoing criminal investigation,  the  legislative  ethics  commission
shall  make  public such report in its entirety; provided, however, that
the commission may withhold such information for not more than one addi-
tional period of the same duration or refer the matter back to the joint
commission on public ethics once for additional investigation, in  which
case  the  legislative  ethics commission shall, upon the termination of
such additional period or upon receipt of a  new  report  by  the  joint
commission  on  public  ethics after such additional investigation, make
public the written report and publish it on the commission's website. If
the legislative ethics commission  fails  to  make  public  the  written
report  received from the joint commission in accordance with this para-
graph, the joint commission shall release such report publicly  promptly
and  in  any  event  no later than ten days after the legislative ethics
commission is required to release such report.  The  legislative  ethics
commission  shall  not  refer the matter back to the joint commission on
public ethics for additional investigation  more  than  once.    If  the
commission refers the matter back to the joint commission for additional
fact-finding, the joint commission's original report shall remain confi-
dential.
  S 39. Subparagraph 1 of paragraph a of subdivision 12 of section 80 of
the legislative law, as amended by section 9 of part A of chapter 399 of
the laws of 2011, is amended to read as follows:
  (1) the terms of any settlement or compromise of a complaint or refer-
ral  or  report  which  includes a fine, penalty or other remedy reached
after the commission has received a report from the joint commission  on
public ethics [pursuant to subdivision fourteen-a of section ninety-four
of the executive law];
  S  40.  Subparagraphs  (ii)  and  (iii) of paragraph (c) and paragraph
(d-1) of subdivision 1 of section  73-a  of  the  public  officers  law,
subparagraphs  (ii)  and (iii) of paragraph (c) as amended and paragraph
(d-1) as added by section 5 of part A of chapter  399  of  the  laws  of
2011, are amended to read as follows:
  (ii)  officers  and employees of statewide elected officials, officers
and employees of state departments, boards, bureaus, divisions,  commis-
sions, councils or other state agencies, who receive annual compensation
in excess of the filing rate established by paragraph (l) of this subdi-
vision  or  who  hold policy-making positions, as annually determined by
the appointing authority and set forth in  a  written  instrument  which
shall  be  filed with the joint commission on public ethics [established
by section ninety-four of the executive law] during the month of  Febru-
ary,  provided,  however, that the appointing authority shall amend such
written instrument after such date within thirty days after  the  under-
taking  of policy-making responsibilities by a new employee or any other
employee whose name did not appear on the most  recent  written  instru-
ment; and
  (iii)  members  or  directors of public authorities, other than multi-
state authorities, public benefit corporations and commissions at  least
one of whose members is appointed by the governor, and employees of such
authorities,  corporations  and  commissions  who receive annual compen-
sation in excess of the filing rate established by paragraph (l) of this
subdivision or who hold policy-making positions, as determined  annually
by  the appointing authority and set forth in a written instrument which

A. 6014                            15

shall be filed with the joint commission on public  ethics  [established
by  section ninety-four of the executive law] during the month of Febru-
ary, provided, however, that the appointing authority shall  amend  such
written  instrument  after such date within thirty days after the under-
taking of policy-making responsibilities by a new employee or any  other
employee  whose  name  did not appear on the most recent written instru-
ment.
  (d-1) A financial disclosure statement required  pursuant  to  section
seventy-three  of  this article and this section shall be deemed "filed"
with the joint commission on public ethics upon its filing,  in  accord-
ance  with  this section, with the legislative ethics commission for all
purposes including, but not limited to, [subdivision fourteen of section
ninety-four of the executive law,] subdivision nine of section eighty of
the legislative law and subdivision four of this section.
  S 41. Subparagraph (ii) of paragraph (a) and paragraph (c) of subdivi-
sion 2 of section 73-a of the public officers law, as amended by section
5 of part A of chapter 399 of the laws of 2011, are amended to  read  as
follows:
  (ii)  a  person who is required to file an annual financial disclosure
statement with the joint commission on public ethics, and who is granted
an additional period of time within which to file such statement due  to
justifiable  cause or undue hardship[, in accordance with required rules
and regulations on the subject adopted pursuant to paragraph c of subdi-
vision nine of section ninety-four of the executive law] shall file such
statement within the additional period of time granted; and the legisla-
tive ethics commission shall  notify  the  joint  commission  on  public
ethics of any extension granted pursuant to this paragraph;
  (c)  If  the  reporting individual is a senator or member of assembly,
candidate for the senate or member of assembly or a legislative  employ-
ee,  such  statement  shall  be  filed  with both the legislative ethics
commission established by section eighty of the legislative law and  the
joint  commission on public ethics in accordance with paragraph (d-1) of
subdivision one of this section. If the reporting individual is a state-
wide elected official, candidate for statewide elected office,  a  state
officer  or employee or a political party chairman, such statement shall
be filed with the joint commission  on  public  ethics  [established  by
section ninety-four of the executive law].
  S  42.  Paragraph 8 of subdivision 3 and subdivision 4 of section 73-a
of the public officers law, as amended by section 5 of part A of chapter
399 of the laws of 2011, are amended to read as follows:
8.  (a) If the reporting individual practices law, is  licensed  by  the
    department  of state as a real estate broker or agent or practices a
    profession licensed by the department of education, or  works  as  a
    member  or  employee  of  a  firm  required  to register pursuant to
    section one-e of the legislative law as a lobbyist, give  a  general
    description  of the principal subject areas of matters undertaken by
    such individual. Additionally, if such an individual practices  with
    a firm or corporation and is a partner or shareholder of the firm or
    corporation,  give  a general description of principal subject areas
    of matters undertaken by such firm or corporation.

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________

A. 6014                            16

  (b) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES  ARE
PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE, OR FOR NEW MATTERS
FOR  EXISTING  CLIENTS  OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT
ARE PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE:
  If the reporting individual personally provides services to any person
or  entity,  or works as a member or employee of a partnership or corpo-
ration that  provides  such  services  (referred  to  hereinafter  as  a
"firm"),  then  identify  each  client or customer to whom the reporting
individual personally provided services, or who was referred to the firm
by the reporting individual, and from whom the reporting  individual  or
his  or  her  firm earned fees in excess of $10,000 during the reporting
period for such services rendered in direct connection with:
  (i) A proposed bill or resolution in the senate or assembly during the
reporting period;
  (ii) A contract in an amount totaling $50,000  or more from the  state
or any state agency for services, materials, or property;
  (iii)  A  grant of $25,000  or more from the state or any state agency
during the reporting period;
  (iv) A grant obtained through  a  legislative  initiative  during  the
reporting period; or
  (v)  A  case,  proceeding,  application  or other matter that is not a
ministerial matter before a state agency during the reporting period.
  For purposes of this question, "referred  to  the  firm"  shall  mean:
having  intentionally  and  knowingly  taken a specific act or series of
acts to intentionally procure for the  reporting  individual's  firm  or
knowingly  solicit or direct to the reporting individual's firm in whole
or substantial part, a person or entity that becomes a  client  of  that
firm  for  the  purposes  of  representation  for a matter as defined in
subparagraphs (i) through (v) of this paragraph, as the result  of  such
procurement,  solicitation  or  direction of the reporting individual. A
reporting  individual  need  not  disclose  activities  performed  while
lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi-
sion seven of section seventy-three of this article.
  The  disclosure requirement in this question shall not require disclo-
sure of clients or  customers  receiving  medical  or  dental  services,
mental  health  services, residential real estate brokering services, or
insurance brokering services from the reporting individual or his or her
firm. The reporting individual need not identify any client to  whom  he
or  she or his or her firm provided legal representation with respect to
investigation or prosecution by law enforcement authorities, bankruptcy,
or domestic relations matters. With respect to  clients  represented  in
other  matters,  where  disclosure  of  a client's identity is likely to
cause harm, the reporting individual shall request an exemption from the
joint commission [pursuant to  paragraph  (i)  of  subdivision  nine  of
section  ninety-four  of the executive law]. Only a reporting individual
who first enters public office after July first,  two  thousand  twelve,
need  not  report clients or customers with respect to matters for which
the reporting individual or his or her firm was retained prior to enter-
ing public office.
Client                                    Nature of Services Provided
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
  (c) List the name, principal address and general  description  or  the

A. 6014                            17

nature  of  the  business  activity of any entity in which the reporting
individual or such individual's spouse had an investment  in  excess  of
$1,000 excluding investments in securities and interests in real proper-
ty.

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
  4.  A reporting individual who knowingly and wilfully fails to file an
annual statement of financial disclosure or who knowingly  and  wilfully
with  intent  to  deceive  makes  a false statement or gives information
which such individual knows to be false on such statement  of  financial
disclosure  filed  pursuant  to this section shall be subject to a civil
penalty in an amount not to exceed forty thousand dollars. Assessment of
a civil penalty hereunder shall be  made  by  the  joint  commission  on
public  ethics  or by the legislative ethics commission, as the case may
be, with respect to persons subject to their  respective  jurisdictions.
The  joint  commission  on public ethics [acting pursuant to subdivision
fourteen of section ninety-four of the executive law] or the legislative
ethics commission acting  pursuant  to  subdivision  eleven  of  section
eighty of the legislative law, as the case may be, may, in lieu of or in
addition to a civil penalty, refer a violation to the appropriate prose-
cutor  and  upon  such  conviction,  but  only after such referral, such
violation shall be punishable as a class A misdemeanor. A civil  penalty
for false filing may not be imposed hereunder in the event a category of
"value" or "amount" reported hereunder is incorrect unless such reported
information  is falsely understated. Notwithstanding any other provision
of law to the contrary, no other  penalty,  civil  or  criminal  may  be
imposed for a failure to file, or for a false filing, of such statement,
except  that  the appointing authority may impose disciplinary action as
otherwise provided by law. The joint commission on public ethics and the
legislative ethics commission shall each be deemed to be an agency with-
in the meaning of article three of the  state  administrative  procedure
act  and  shall  adopt  rules  governing  the  conduct  of  adjudicatory
proceedings and appeals relating to the assessment of the  civil  penal-
ties  herein  authorized.  Such rules, which shall not be subject to the
approval requirements of the state administrative procedure  act,  shall
provide  for  due process procedural mechanisms substantially similar to
those set forth in such article three but such mechanisms  need  not  be
identical  in  terms  or  scope.  Assessment of a civil penalty shall be
final unless modified, suspended or vacated within thirty days of  impo-
sition  and  upon  becoming  final  shall  be  subject  to review at the
instance of the affected reporting individual in a proceeding  commenced
against  the joint commission on public ethics or the legislative ethics
commission, pursuant to article seventy-eight of the civil practice  law
and rules.
  S  43. The opening paragraph of section 1-d of the legislative law, as
amended by chapter 14 of the  laws  of  2007,  is  amended  to  read  as
follows:
  In  addition to any other powers and duties [provided by section nine-
ty-four of the executive law,] the commission shall, with respect to its
lobbying-related functions only, have the power and duty to:
  S 44. Subdivision 3 of section 2986 of the public authorities law,  as
added by chapter 506 of the laws of 2009, is amended to read as follows:

A. 6014                            18

  3.  Any  communications between an employee and the authorities budget
office pursuant to this section shall be held strictly  confidential  by
the  authorities  budget office, unless the employee specifically waives
in writing the right to confidentiality, except that such confidentiali-
ty  shall  not exempt the authorities budget office from disclosing such
information, where appropriate,  to  the  state  inspector  general  [in
accordance  with  section  fifty-five  of the executive law,] or prevent
disclosure to any law enforcement authority.
  S 45. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, provided that sections
six through twenty-three and sections twenty-five  through  thirty-seven
of  this act shall take effect on the first of April next succeeding the
date on which it shall have become a law.