LBD11213-04-3
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relation to the reporting of certain contributions and expenditures
(Part J); to amend the legislative law, in relation to term limits
(Part K); to amend the executive law, the retirement and social secu-
rity law, the education law, and the administrative code of the city
of New York, in relation to the forfeiture of retirement benefits
(Part L); to amend the legislative law, in relation to creating an
assembly standing committee on ethics and guidance (Part M); and to
amend the real property tax law and tax law, in relation to limita-
tions on certain exemptions and tax credits (Part N)
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 "integrity in government act".
S 2. This act enacts into law major components of legislation which
address the impact of a felony conviction, on a public officer, when
such conviction is related to the officer's official duties or public
office or a violent felony or a class A felony, provides for member item
reform, creates a new Commission on Official Conduct, requires forfei-
ture of campaign funds upon felony convictions, creates new crimes
against public trust, limits use of campaign funds, enhances penalties
for filing late campaign disclosure statements, requires campaign
contributions in excess of five hundred dollars and payments to campaign
volunteers to be reported within twenty-four hours, limits terms of
members, leaders and committee chairs, allows for the garnishment of
convicted public officers' pension benefits for damages, and establishes
the Assembly Standing Committee on Ethics and Guidance in Law. Each
component is wholly contained within a Part identified as Parts A
through N. The effective date for each particular provision contained
within such Part is set forth in the last section of such Part. Any
provision in any section contained within a Part, including the effec-
tive date of the Part, which makes a reference to a section "of this
act", when used in connection with that particular component, shall be
deemed to mean and refer to the corresponding section of the Part in
which it is found. Section four of this act sets forth the general
effective date of this act. The "integrity in government act" provided
in this act, includes the support of constitutional amendments that are
consistent with the intent of this act. The legislature supports consti-
tutional proposals that remove pension benefits from public officials
who are convicted of a felony related to such individual's official
duties; provide that no person who is convicted of a felony, related to
such official duties, shall be eligible to serve in the legislature;
allow recall elections, and establish an independent redistricting
commission.
PART A
Section 1. Subdivision 1 of section 3 of the public officers law, as
amended by chapter 44 of the laws of 1982, is amended to read as
follows:
1. No person shall be capable of holding a civil office who shall not,
at the time he shall be chosen thereto, have attained the age of eigh-
teen years, except that in the case of youth boards, youth commissions
or recreation commissions only, members of such boards or commissions
A. 8153 3
may be under the age of eighteen years, but must have attained the age
of sixteen years on or before appointment to such youth board, youth
commission or recreation commission, be a citizen of the United States,
a resident of the state, and if it be a local office, a resident of the
political subdivision or municipal corporation of the state for which he
shall be chosen, or within which the electors electing him reside, or
within which his official functions are required to be exercised, OR
WHO, HAS BEEN CONVICTED OF ANY FELONY OFFENSES AS DEFINED BY STATE OR
FEDERAL LAW AND WHEN SUCH OFFENSE WAS DIRECTLY RELATED TO HIS OR HER
SERVICE AS AN ELECTED OFFICIAL, OR OFFICER OF THE STATE OR OF A CIVIL
DIVISION THEREOF; OR A VIOLENT FELONY OFFENSE AS DEFINED UNDER SECTION
70.02 OF THE PENAL LAW OR A CLASS A FELONY OFFENSE DEFINED IN THE PENAL
LAW, WHILE SERVING IN SUCH OFFICE OR CAPACITY; or who shall have been or
shall be convicted of a violation of the selective draft act of the
United States, enacted May eighteenth, nineteen hundred seventeen, or
the acts amendatory or supplemental thereto, or of the federal selective
training and service act of nineteen hundred forty or the acts amendato-
ry thereof or supplemental thereto.
S 2. Subdivision 1 of section 79 of the civil rights law, as amended
by chapter 687 of the laws of 1973, is amended to read as follows:
1. Except as provided in subdivision two a sentence of imprisonment in
a state correctional institution for any term less than for life or a
sentence of imprisonment in a state correctional institution for an
indeterminate term, having a minimum of one day and a maximum of natural
life, forfeits all the public offices, and suspends, during the term of
the sentence, all the civil rights, and all private trusts, authority,
or powers of, or held by, the person sentenced, AND FORFEITS THE RIGHT
TO HOLD PUBLIC OFFICE FOR LIFE WHEN SUCH PERSON HAS BEEN CONVICTED OF
ANY FELONY OFFENSE, AS DEFINED BY STATE OR FEDERAL LAW, WHEN SUCH
OFFENSE WAS DIRECTLY RELATED TO HIS OR HER SERVICE AS AN ELECTED OFFI-
CIAL, OR OFFICER OF THE STATE OR OF A CIVIL DIVISION THEREOF OR A
VIOLENT FELONY OFFENSE AS DEFINED UNDER SECTION 70.02 OF THE PENAL LAW
OR A CLASS A FELONY OFFENSE DEFINED IN THE PENAL LAW, WHILE SERVING IN
SUCH OFFICE OR CAPACITY.
S 3. This act shall take effect immediately.
PART B
Section 1. The state finance law is amended by adding a new section
169 to read as follows:
S 169. DISQUALIFICATION OF CERTAIN BIDDERS. 1. SUBSEQUENT TO RECEIVING
BIDS AND PRIOR TO ENTERING INTO A CONTRACT WITH A BIDDER, WHERE THAT
BIDDER HAS OR WILL CONDUCT BUSINESS IN NEW YORK STATE, OR PRIOR TO
FORMALLY APPROVING A CONTRACT BETWEEN A BIDDER AND A SUBCONTRACTOR, EACH
AGENCY, AS DEFINED IN SECTION NINETY-TWO OF THE PUBLIC OFFICERS LAW,
SHALL CONDUCT A CRIMINAL BACKGROUND CHECK TO DETERMINE IF SUCH BIDDER OR
SUBCONTRACTOR HAS A FELONY CONVICTION. ANY BIDDER WHO HAS BEEN CONVICTED
OF ANY FELONY OFFENSES AS DEFINED BY STATE OR FEDERAL LAW AND WHEN SUCH
OFFENSE WAS DIRECTLY RELATED TO HIS OR HER SERVICE AS AN ELECTED OFFI-
CIAL, OR OFFICER OF THE STATE OR OF A CIVIL DIVISION THEREOF, OR A
VIOLENT FELONY OFFENSE AS DEFINED UNDER SECTION 70.02 OF THE PENAL LAW
OR A CLASS A FELONY OFFENSE DEFINED IN THE PENAL LAW, WHILE SERVING IN
SUCH OFFICE OR CAPACITY SHALL BE DISQUALIFIED. NO AGENCY, AS DEFINED IN
SECTION NINETY-TWO OF THE PUBLIC OFFICERS LAW, SHALL BE PERMITTED TO
ENTER INTO A CONTRACT WITH, OR FORMALLY APPROVE A SUBCONTRACT TO, A
BIDDER OR SUBCONTRACTOR WHO HAS A FELONY CONVICTION WHERE SUCH
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CONVICTION WAS DIRECTLY RELATED TO HIS OR HER SERVICE AS AN ELECTED
OFFICIAL, OR OFFICER OF THE STATE OR OF A CIVIL DIVISION THEREOF OR A
VIOLENT FELONY OFFENSE AS DEFINED UNDER SECTION 70.02 OF THE PENAL LAW
OR A CLASS A FELONY OFFENSE DEFINED IN THE PENAL LAW, WHILE SERVING IN
SUCH OFFICE OR CAPACITY.
2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
A CONTRACT MAY BE ENTERED INTO WITH A BIDDER WHO HAS SUCH A FELONY
CONVICTION IF:
A. THE AGENCY DETERMINES THAT AN EMERGENCY CONDITION EXISTS INVOLVING
DANGER TO THE LIFE, HEALTH, OR SAFETY OF ANY PERSON OR THE SAFETY OF ANY
STRUCTURE THAT REQUIRES IMMEDIATE ACTION TO MITIGATE THE HARM OR AVERT
DANGER AND THE NATURE OF THE WORK IS SUCH THAT IT WOULD BE IMPRACTICAL
AND AGAINST THE PUBLIC INTEREST TO HAVE PUBLIC LETTING OF THE CONTRACT,
OR THE ITEM TO BE PURCHASED IS ESSENTIAL TO THE EFFICIENT OPERATION OR
THE ADEQUATE PROVISION OF SERVICE AND AS A CONSEQUENCE OF AN EMERGENCY
CONDITION SUCH ITEM OR SERVICE IS NOT AVAILABLE FROM A NON-DISQUALIFIED
INDIVIDUAL OR ENTITY; OR
B. THE ITEM TO BE PURCHASED IS AVAILABLE ONLY FROM A SINGLE SOURCE AND
THAT SOURCE IS THE BIDDER WITH A DISQUALIFYING FELONY CONVICTION.
3. FOR THE PURPOSES OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION,
THE TERM "EMERGENCY CONDITION" SHALL MEAN A CONDITION CAUSED BY A
NATURAL DISASTER, FIRE, OR OTHER CASUALTY, OR ANOTHER UNANTICIPATED,
SUDDEN, AND UNEXPECTED OCCURRENCE THAT REQUIRES THE IMMEDIATE ATTENTION
AND ACTION OF THE AGENCY.
4. PRIOR TO AWARDING A CONTRACT UNDER THE PROVISIONS OF PARAGRAPH A OF
SUBDIVISION TWO OF THIS SECTION, THE AGENCY SHALL NOTIFY THE COMPTROLLER
OF ITS INTENT TO AWARD THE CONTRACT AND SHALL SPECIFY THE REASONS USED
BY THE AGENCY TO MAKE THE REQUIRED DETERMINATIONS. THE COMPTROLLER SHALL
REVIEW THE DETERMINATIONS OF THE AGENCY AND IF, IN THE DETERMINATION OF
THE COMPTROLLER, THE REASONS SPECIFIED BY THE AGENCY DO NOT SATISFY THE
REQUIREMENTS OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, THE
COMPTROLLER SHALL HAVE THE AUTHORITY TO DEEM THE AWARDED CONTRACT NULL
AND VOID AND UNENFORCEABLE AND TO REQUIRE THE AGENCY TO USE THE COMPET-
ITIVE BIDDING PROCESS FOR THE CONTRACT.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that all state agencies, as defined
in paragraph (g) of subdivision 1 of section 73 of the public officers
law, are authorized to promulgate any and all rules and regulations and
take any other measures necessary to implement this act on its effective
date on or before such date.
PART C
Section 1. Section 1-d of the legislative law is amended by adding a
new subdivision (i) to read as follows:
(I) IMPOSE A PERMANENT BAN UPON ANY LOBBYING ACTIVITIES AS DEFINED IN
THIS ARTICLE AGAINST ANY PERSON WHO HAS BEEN CONVICTED OF ANY FELONY
OFFENSES AS DEFINED BY STATE OR FEDERAL LAW AND WHEN SUCH OFFENSE WAS
DIRECTLY RELATED TO HIS OR HER SERVICE AS AN ELECTED OFFICIAL, OR OFFI-
CER OF THE STATE OR OF A CIVIL DIVISION THEREOF OR A VIOLENT FELONY
OFFENSE AS DEFINED UNDER SECTION 70.02 OF THE PENAL LAW OR A CLASS A
FELONY OFFENSE DEFINED THE PENAL LAW, WHILE SERVING IN SUCH OFFICE OR
CAPACITY.
S 2. Subdivision (b) of section 1-o of the legislative law is amended
by adding a new paragraph (vii) to read as follows:
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(VII) ANY PERSON WHO ENGAGES IN LOBBYING ACTIVITIES WHILE SUBJECT TO A
PERMANENT BAN ON SUCH ACTIVITIES PURSUANT TO THE PROVISIONS OF SUBDIVI-
SION (I) OF SECTION ONE-D OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL
PENALTY NOT TO EXCEED FIFTY THOUSAND DOLLARS, PLUS A CIVIL PENALTY IN AN
AMOUNT EQUAL TO FIVE TIMES THE VALUE OF ANY GIFT, COMPENSATION OR BENE-
FIT RECEIVED AS A RESULT OF THE VIOLATION.
S 3. This act shall take effect immediately.
PART D
Section 1. Subdivisions 4 and 5 of section 24 of the state finance
law, as added by chapter 1 of the laws of 2007, are amended to read as
follows:
4. Any appropriation SUBMITTED BY THE GOVERNOR OR added to such budget
bills, pursuant to section four of article seven of the constitution,
shall only contain itemized appropriations which shall not be in the
form of lump sum appropriations, and provided further that for all non-
federal state operations appropriations, such bill or bills shall only
contain itemized appropriations and shall be made, where practicable, by
agency, and within each agency by program and within each program at the
following level of detail and in the following order:
(a) by fund type, which at a minimum shall include general fund,
special revenue-other funds, capital projects funds and debt service
funds;
(b) for personal service appropriations, separate appropriations shall
be made for regular personal service, temporary personal service, and
holiday and overtime pay;
(c) for nonpersonal service appropriations, separate appropriations
shall be made for supplies and materials, travel, contractual services,
equipment and fringe benefits, as appropriate; AND
(D) AT THE REQUEST OR DISCRETION OF THE GOVERNOR OR A MEMBER OF THE
LEGISLATURE, SUCH APPROPRIATION SHALL INCLUDE THE NAME OF THE GOVERNOR
OR MEMBER OF THE LEGISLATURE.
5. [Any appropriation added pursuant to section four of article seven
of the constitution without designating a grantee shall be allocated
only pursuant to a plan setting forth an itemized list of grantees with
the amount to be received by each, or the methodology for allocating
such appropriation. Such plan shall be subject to the approval of the
chair of the senate finance committee, the chair of the assembly ways
and means committee, and the director of the budget, and thereafter
shall be included in a concurrent resolution calling for the expenditure
of such monies, which resolution must be approved by a majority vote of
all members elected to each house upon a roll call vote.] ANY APPROPRI-
ATION SUBMITTED BY THE GOVERNOR OR ADDED TO SUCH BUDGET BILLS, PURSUANT
TO SECTION FOUR OF ARTICLE SEVEN OF THE CONSTITUTION, SHALL BE SUBJECT
TO THE FOLLOWING:
(A) THE GOVERNOR OR MEMBER OF THE LEGISLATURE REQUESTING SUCH APPRO-
PRIATION SHALL BE REQUIRED TO SUBMIT A SIGNED CONFLICT OF INTEREST FORM
AND SUBMIT SUCH FORM TO THE ATTORNEY GENERAL TO ENSURE THAT NO CONFLICT
OF INTEREST EXISTS; THE ATTORNEY GENERAL SHALL DESIGNATE THE FORM AND
CONTENT OF THE CONFLICT OF INTEREST FORM. THE GOVERNOR OR MEMBER OF THE
LEGISLATURE SHALL DISCLOSE ON THE CONFLICT OF INTEREST FORM ALL POLI-
TICAL DONATIONS HE OR SHE IS RECEIVING OR HAS RECEIVED IN THE PAST FROM
THE INTENDED RECIPIENT OF THE APPROPRIATION FUNDING. SUCH A CONFLICT OF
INTEREST FORM SHALL BE SIGNED BY THE GOVERNOR OR MEMBER OF THE LEGISLA-
TURE UNDER PENALTY OF PERJURY; AND
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(B) AN APPROPRIATION PROVIDED AT THE DISCRETION OF THE GOVERNOR OR
MEMBER OF THE LEGISLATURE SHALL NOT BE PROVIDED IF A CONFLICT OF INTER-
EST EXISTS BETWEEN THE GOVERNOR OR A MEMBER OF THE LEGISLATURE DESIGNAT-
ING THE APPROPRIATION AND THE POTENTIAL RECIPIENT. THESE APPROPRIATIONS
CANNOT FUND ORGANIZATIONS THAT EMPLOY OR OTHERWISE COMPENSATE THE GOVER-
NOR OR MEMBER OF THE LEGISLATURE, GOVERNOR'S FAMILY OR MEMBER OF THE
LEGISLATOR'S FAMILY, ANY PERSON SHARING THE HOME OF THE GOVERNOR OR
MEMBER OF THE LEGISLATURE OR THE GOVERNOR'S OR A MEMBER OF THE LEGISLA-
TOR'S STAFF FOR SERVICES OR LABOR RENDERED. FURTHERMORE, THE GOVERNOR OR
MEMBERS OF THE LEGISLATURE SHALL NOT DESIGNATE APPROPRIATIONS IF THE
GOVERNOR OR MEMBER OF THE LEGISLATURE, A MEMBER OF THE GOVERNOR'S OR
MEMBER OF THE LEGISLATOR'S FAMILY, ANY PERSON SHARING THE HOME OF THE
GOVERNOR OR MEMBER OF THE LEGISLATURE OR A MEMBER OF THE GOVERNOR'S OR
MEMBER OF THE LEGISLATOR'S STAFF IS INVOLVED WITH THE OPERATIONS OF THE
ORGANIZATION IN A DECISION-MAKING CAPACITY INCLUDING BUT NOT LIMITED TO
WORKING ON AN UNPAID, VOLUNTEER BASIS OR AS A MEMBER OF THE DIRECTING
BOARD OF AN ORGANIZATION.
S 2. This act shall take effect immediately.
PART E
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 have
the following meanings:
(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
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.
(d) Covered individual means all statewide elected officials, members
of the legislature and employees of the legislature, and state officers
and employees, as defined in sections 73 and 73-a of the public officers
law, candidates for statewide elected office and for the senate or
assembly, and the political party chairman as that term is defined in
section 73-a of the public officers law, lobbyists and the clients of
lobbyists as such terms are defined in article 1-A of the legislative
law, and individuals who have formerly held such positions, were lobby-
ists or clients of lobbyists, as such terms are defined in article 1-A
of the legislative law, or who have formerly been such candidates.
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 five 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
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(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 five 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 one year, the
member appointed by the presiding justice in the second department shall
serve a term of two years, the member appointed by the presiding justice
in the third department shall serve a term of three years, the member
appointed by the presiding justice in the first department shall serve a
term of four years and the member appointed by the chief judge of the
court of appeals shall serve a term of five years.
Any vacancy occurring in the membership of the commission shall be
filled within sixty 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 six years.
Any vacancy in the office of executive director shall be filled within
ten 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.
(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-
A. 8153 8
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:
(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;
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(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 or by any
covered individual;
(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 or covered individ-
ual;
(dd) require any officer or employee in a covered agency or any
covered individual to answer questions concerning any matter related to
the performance of his or her official duties. No statement or other
evidence derived therefrom may be used against such officer or employee
in any subsequent criminal prosecution 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 penalty;
(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:
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(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 of 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-
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
A. 8153 11
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 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.
A. 8153 12
(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 paragraphs 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 paragraphs 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 wilfully 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
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-
A. 8153 13
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;
(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
A. 8153 14
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, covered individuals, state
officers and employees. (a) Every state officer or employee in a
covered agency and every covered individual shall report promptly to the
commission any information concerning corruption, fraud, criminal activ-
ity, conflicts of interest or abuse by another state officer or employee
relating to his or her office or employment, or by a person having busi-
ness 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, disci-
pline 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.
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 trans-
ferred 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
A. 8153 15
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.
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.
A. 8153 16
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. Actions of the commission. 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 ninety 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:
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.
A. 8153 17
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,
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.
A. 8153 18
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] OFFICIAL CONDUCT of a written
substantial basis investigation report and any supporting documentation
or other materials regarding a matter before the commission [pursuant to
subdivision fourteen-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 additional period of the same duration or refer the
matter back to the [joint] commission on [public ethics] OFFICIAL
A. 8153 19
CONDUCT 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] OFFICIAL CONDUCT 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
paragraph, 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] commis-
sion on [public ethics] OFFICIAL CONDUCT 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 confidential.
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] OFFICIAL CONDUCT;
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] OFFICIAL CONDUCT during the
month of February, provided, however, that the appointing authority
shall amend such written instrument after such date within thirty days
after the undertaking of policy-making responsibilities by a new employ-
ee or any other employee whose name did not appear on the most recent
written instrument; 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
shall be filed with the [joint] commission on [public ethics established
by section ninety-four of the executive law] OFFICIAL CONDUCT during the
month of February, provided, however, that the appointing authority
shall amend such written instrument after such date within thirty days
after the undertaking of policy-making responsibilities by a new employ-
ee or any other employee whose name did not appear on the most recent
written instrument.
A. 8153 20
(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] OFFICIAL CONDUCT upon its
filing, in accordance 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] OFFICIAL
CONDUCT, 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 subdivision nine of section ninety-four of
the executive law] shall file such statement within the additional peri-
od of time granted; and the legislative ethics commission shall notify
the [joint] commission on [public ethics] OFFICIAL CONDUCT of any exten-
sion 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] OFFICIAL CONDUCT in accordance
with paragraph (d-1) of subdivision one of this section. If the report-
ing individual is a statewide elected official, candidate for statewide
elected office, a state officer or employee or a political party chair-
man, such statement shall be filed with the [joint] commission on
[public ethics established by section ninety-four of the executive law]
OFFICIAL CONDUCT.
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. Addi-
tionally, 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.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(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
A. 8153 21
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] ON OFFICIAL CONDUCT. 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 entering public office.
Client Nature of Services Provided
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
(c) List the name, principal address and general description or the
nature of the business activity of any entity in which the reporting
A. 8153 22
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] OFFICIAL CONDUCT or by the legislative ethics commis-
sion, 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] OFFICIAL CONDUCT or the legislative ethics commission
acting pursuant to subdivision eleven of section eighty of the legisla-
tive law, as the case may be, may, in lieu of or in addition to a civil
penalty, refer a violation to the appropriate prosecutor 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 informa-
tion 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] OFFICIAL
CONDUCT and the legislative ethics commission shall each be deemed to be
an agency within the meaning of article three of the state administra-
tive procedure act and shall adopt rules governing the conduct of adju-
dicatory proceedings and appeals relating to the assessment of the civil
penalties 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 simi-
lar 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
imposition 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] OFFICIAL CONDUCT 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:
A. 8153 23
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:
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 COMMISSION ON OFFICIAL CONDUCT
[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; and provided further that the
amendments to subdivision 3 of section 212 of the racing, pari-mutuel
wagering and breeding law made by section twenty-eight of this act shall
not affect the repeal of such section and shall be deemed repealed ther-
ewith.
PART F
Section 1. The election law is amended by adding a new section 14-131
to read as follows:
S 14-131. CONTRIBUTION FUNDS; FORFEITURE AFTER CRIMINAL CONVICTION. 1.
ALL CONTRIBUTIONS RECEIVED BY AN ELECTED CANDIDATE FOR PUBLIC OFFICE OR
AN ELECTED OFFICIAL, WHO IS CHARGED WITH A FELONY WHERE SUCH FELONY WAS
DIRECTLY RELATED TO HIS OR HER SERVICE AS AN ELECTED OFFICIAL, OR OFFI-
CER OF THE STATE OR OF A CIVIL DIVISION THEREOF, OR A VIOLENT FELONY
OFFENSE AS DEFINED UNDER SECTION 70.02 OF THE PENAL LAW OR A CLASS A
FELONY OFFENSE DEFINED IN THE PENAL LAW, WHILE SERVING IN SUCH OFFICE OR
CAPACITY SHALL BE SUBJECT TO IMMEDIATE AUDIT AND ANY UNSPENT CONTRIB-
UTIONS SHALL BE SUBJECT TO FORFEITURE PROCEEDINGS UPON CONVICTION OR
RESIGNATION OF SUCH ELECTED CANDIDATE.
2. THE ATTORNEY GENERAL, OR DISTRICT ATTORNEY OF THE COUNTY WHEREIN
THE ELECTION OCCURRED, SHALL HAVE STANDING TO INITIATE A FORFEITURE
PROCEEDING BROUGHT PURSUANT TO ARTICLE SIXTEEN OF THIS CHAPTER. TO THE
EXTENT POSSIBLE, THIS SPECIAL PROCEEDING SHALL BE GOVERNED BY THE PROCE-
DURES OF ARTICLE THIRTEEN-A OF THE CIVIL PRACTICE LAW AND RULES SHALL
GOVERN THE PROCEEDINGS AND ACTIONS UNDER THIS SECTION.
3. THE COMPTROLLER SHALL RECEIVE ANY FORFEITED UNSPENT CONTRIBUTIONS
AND, TO THE EXTENT PRACTICABLE, RETURN SUCH FUNDS TO THE PRIVATE SOURCE
OF SUCH FUNDS, AS LONG AS THE PRIVATE SOURCE OF SUCH FUNDS IS LOCATED
WITHIN THE DISTRICT THAT IS REPRESENTED BY THE ELECTED CANDIDATE FOR
PUBLIC OFFICE OR ELECTED OFFICIAL OR STATEWIDE FOR GOVERNOR, COMP-
TROLLER, AND ATTORNEY GENERAL. IF THE COMPTROLLER FAILS TO LOCATE THE
PRIVATE SOURCE OF SUCH FUNDS, OR IF THE PRIVATE SOURCE OF SUCH FUNDS
RESIDES OUTSIDE OF THE ELECTION DISTRICT THAT IS REPRESENTED BY THE
ELECTED CANDIDATE FOR PUBLIC OFFICE OR ELECTED OFFICIAL OR STATEWIDE FOR
GOVERNOR, COMPTROLLER, AND ATTORNEY GENERAL, THE UNSPENT CONTRIBUTIONS
SHALL BE DONATED TO A CHARITABLE ORGANIZATION THAT IS, TO THE EXTENT
PRACTICABLE, LOCATED IN THE ELECTION DISTRICT THAT IS REPRESENTED BY THE
ELECTED CANDIDATE FOR PUBLIC OFFICE OR ELECTED OFFICIAL OR STATEWIDE FOR
GOVERNOR, COMPTROLLER, AND ATTORNEY GENERAL. ANY FORFEITED UNSPENT
CONTRIBUTIONS SHALL BE RETURNED TO THE PRIVATE SOURCE OF SUCH FUNDS, OR
A. 8153 24
DONATED TO A CHARITABLE ORGANIZATION, WITHIN ONE HUNDRED EIGHTY DAYS OF
THE RECEIPT OF SUCH FUNDS BY THE COMPTROLLER.
4. FOR THE PURPOSES OF THIS SECTION, "CHARITABLE ORGANIZATION" SHALL
MEAN ANY NON-PROFIT CORPORATION ORGANIZED FOR BONA FIDE CHARITABLE OR
PHILANTHROPIC PURPOSES.
5. THE COMPTROLLER SHALL PROVIDE THE GOVERNOR AND THE LEGISLATURE WITH
A LIST OF CHARITABLE ORGANIZATIONS THAT ARE ELIGIBLE TO RECEIVE
DONATIONS PURSUANT TO THIS SECTION. CHARITABLE ORGANIZATIONS ON SUCH
LIST MAY BE DEEMED INELIGIBLE TO RECEIVE DONATIONS PURSUANT TO THIS
SECTION BY THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE OR THE MINOR-
ITY LEADER OF THE ASSEMBLY.
S 2. The election law is amended by adding a new section 16-111 to
read as follows:
S 16-111. PROCEEDINGS AS TO FORFEITURE OF FUNDS. THE ATTORNEY GENERAL
OR THE DISTRICT ATTORNEY MAY BRING A SPECIAL PROCEEDING SEEKING TO SEIZE
AND CAUSE TO BE FORFEITED THE FUNDS OF A DESIGNATED CAMPAIGN ACCOUNT AS
OUTLINED IN SECTION 14-131 OF THIS CHAPTER. UPON A SHOWING OF INDICTMENT
OR CRIMINAL ARRAIGNMENT, AN ACTION MAY BE INSTITUTED PURSUANT TO THIS
SECTION WHICH WILL ALLOW FOR THE FREEZING OF SAID DESIGNATED CAMPAIGN
ACCOUNT.
S 3. This act shall take effect immediately.
PART G
Section 1. Subdivision 1 of section 80.00 of the penal law, as amended
by chapter 338 of the laws of 1989, is amended to read as follows:
1. A sentence to pay a fine for a felony shall be a sentence to pay an
amount, fixed by the court, not exceeding the higher of
a. five thousand dollars; or
b. double the amount of the defendant's gain from the commission of
the crime; or
c. if the conviction is for any felony defined in article two hundred
twenty or two hundred twenty-one of this chapter, according to the
following schedule:
(i) for A-I felonies, one hundred thousand dollars;
(ii) for A-II felonies, fifty thousand dollars;
(iii) for B felonies, thirty thousand dollars;
(iv) for C felonies, fifteen thousand dollars. When imposing a fine
pursuant to the provisions of this paragraph, the court shall consider
the profit gained by defendant's conduct, whether the amount of the fine
is disproportionate to the conduct in which defendant engaged, its
impact on any victims, and defendant's economic circumstances, including
the defendant's ability to pay, the effect of the fine upon his or her
immediate family or any other persons to whom the defendant owes an
obligation of support[.]; OR
D. FOR AN ABUSE OF PUBLIC TRUST CRIME, AS DEFINED IN SECTION 196.00 OF
THIS CHAPTER, OR ANY OFFENSE FOR WHICH THE OFFENDER'S STATUS AS A PUBLIC
SERVANT CONSTITUTES AN ELEMENT OF THE OFFENSE AS ENUMERATED IN PARAGRAPH
(B) OF SUBDIVISION ONE OF SECTION 196.00 OF THIS CHAPTER, THE COURT, IN
ADDITION TO ANY OTHER PENALTY WHICH MAY BE IMPOSED PURSUANT TO LAW,
SHALL IMPOSE A FINE IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH A OR
B OF THIS SUBDIVISION, WHICHEVER IS GREATER.
S 2. Section 195.00 of the penal law, as amended by chapter 906 of the
laws of 1990, is amended to read as follows:
S 195.00 Official misconduct IN THE THIRD DEGREE.
A. 8153 25
A public servant is guilty of official misconduct IN THE THIRD DEGREE
when, with intent to obtain a benefit or deprive another person of a
benefit:
1. He OR SHE commits an act relating to his OR HER office but consti-
tuting an unauthorized exercise of his OR HER official functions, know-
ing that such act is unauthorized; or
2. He OR SHE knowingly refrains from performing a duty which is
imposed upon him OR HER by law or is clearly inherent in the nature of
his OR HER office.
Official misconduct IN THE THIRD DEGREE is a class [A misdemeanor] E
FELONY.
S 3. The penal law is amended by adding two new sections 195.01 and
195.02 to read as follows:
S 195.01 OFFICIAL MISCONDUCT IN THE SECOND DEGREE.
A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE SECOND DEGREE
WHEN HE OR SHE COMMITS THE CRIME OF OFFICIAL MISCONDUCT IN THE THIRD
DEGREE AND HE OR SHE OBTAINS ANY BENEFIT OR DEPRIVES ANOTHER PERSON OF A
BENEFIT VALUED IN EXCESS OF ONE THOUSAND DOLLARS.
OFFICIAL MISCONDUCT IN THE SECOND DEGREE IS A CLASS D FELONY.
S 195.02 OFFICIAL MISCONDUCT IN THE FIRST DEGREE.
A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE FIRST DEGREE
WHEN HE OR SHE COMMITS THE CRIME OF OFFICIAL MISCONDUCT IN THE THIRD
DEGREE AND HE OR SHE OBTAINS ANY BENEFIT OR DEPRIVES ANOTHER PERSON OF A
BENEFIT VALUED IN EXCESS OF THREE THOUSAND DOLLARS.
OFFICIAL MISCONDUCT IN THE FIRST DEGREE IS A CLASS C FELONY.
S 4. The penal law is amended by adding a new article 196 to read as
follows:
ARTICLE 196
ABUSE OF PUBLIC TRUST
SECTION 196.00 ABUSE OF PUBLIC TRUST CRIME.
S 196.00 ABUSE OF PUBLIC TRUST CRIME.
1. A PERSON COMMITS AN ABUSE OF PUBLIC TRUST CRIME WHEN HE OR SHE
COMMITS A FELONY OFFENSE AND EITHER:
(A) INTENTIONALLY USES HIS OR HER POSITION AS A PUBLIC SERVANT IN A
MANNER THAT SIGNIFICANTLY FACILITATES THE COMMISSION OR CONCEALMENT OF
THE OFFENSE; OR
(B) ATTEMPTS, CONSPIRES OR SOLICITS ANOTHER TO COMMIT ANY FELONY, AND
IN SUCH ATTEMPT, CONSPIRACY OR SOLICITATION INTENTIONALLY USES HIS OR
HER POSITION AS A PUBLIC SERVANT TO SIGNIFICANTLY FACILITATE THE COMMIS-
SION OR CONCEALMENT OF THE OFFENSE.
2. WHEN A PERSON IS CONVICTED OF AN ABUSE OF TRUST CRIME PURSUANT TO
SUBDIVISION ONE OF THIS SECTION AND THE SPECIFIED OFFENSE IS A CLASS C,
D OR E FELONY, THE CRIME SHALL BE DEEMED TO BE ONE CATEGORY HIGHER THAN
THE SPECIFIED OFFENSE THE DEFENDANT COMMITTED, OR ONE CATEGORY HIGHER
THAN THE OFFENSE LEVEL APPLICABLE TO THE DEFENDANT'S CONVICTION FOR AN
ATTEMPT OR CONSPIRACY TO COMMIT A SPECIFIED OFFENSE, WHICHEVER IS APPLI-
CABLE.
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS
CONVICTED OF A CRIME PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND THE
SPECIFIED OFFENSE IS A CLASS B FELONY:
(A) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
SIX YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.00 OF
THIS CHAPTER;
(B) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT YEARS
IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS CHAPTER;
A. 8153 26
(C) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE YEARS
IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.04 OF THIS CHAPTER;
(D) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
FOUR YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.05 OF
THIS CHAPTER; AND
(E) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE OR THE TERM OF THE
DETERMINATE SENTENCE MUST BE AT LEAST TEN YEARS IF THE DEFENDANT IS
SENTENCED PURSUANT TO SECTION 70.06 OF THIS CHAPTER.
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS
CONVICTED OF A CRIME PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND THE
SPECIFIED OFFENSE IS A CLASS A-1 FELONY, THE MINIMUM PERIOD OF THE INDE-
TERMINATE SENTENCE SHALL BE NOT LESS THAN TWENTY YEARS.
S 5. Subdivision 4 of section 200.50 of the criminal procedure law, as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
4. A statement in each count that the grand jury, or, where the accu-
satory instrument is a superior court information, the district attor-
ney, accuses the defendant or defendants of a designated offense,
provided that in any prosecution under article four hundred eighty-five
of the penal law, the designated offense shall be the specified offense,
as defined in subdivision three of section 485.05 of the penal law,
followed by the phrase "as a hate crime", and provided further that in
any prosecution under section 490.25 of the penal law, the designated
offense shall be the specified offense, as defined in subdivision three
of section 490.05 of the penal law, followed by the phrase "as a crime
of terrorism"; and provided further that in any prosecution under
section 130.91 of the penal law, the designated offense shall be the
specified offense, as defined in subdivision two of section 130.91 of
the penal law, followed by the phrase "as a sexually motivated felony";
AND PROVIDED FURTHER THAT IN ANY PROSECUTION UNDER ARTICLE ONE HUNDRED
NINETY-SIX OF THE PENAL LAW, THE DESIGNATED OFFENSE SHALL BE THE DESIG-
NATED FELONY OFFENSE, AS DEFINED IN SUBDIVISION TWO OF SECTION 196.00 OF
THE PENAL LAW, FOLLOWED BY THE PHRASE "AS AN ABUSE OF PUBLIC TRUST
CRIME"; and
S 6. Subdivision 7 of section 200.50 of the criminal procedure law is
amended by adding a new paragraph (f) to read as follows:
(F) IN THE CASE OF AN ABUSE OF PUBLIC TRUST CRIME, AS DEFINED IN
SECTION 196.00 OF THE PENAL LAW, SPECIFIES, AS APPLICABLE, THAT THE
DEFENDANT OR DEFENDANTS COMMITTED, OR ATTEMPTED, CONSPIRED OR SOLICITED
ANOTHER TO COMMIT, A FELONY AND INTENTIONALLY USED HIS OR HER POSITION
AS A PUBLIC SERVANT IN A MANNER THAT SIGNIFICANTLY FACILITATED THE
COMMISSION OR CONCEALMENT OF THE OFFENSE; AND
S 7. Section 200.00 of the penal law, as amended by chapter 833 of the
laws of 1986, is amended to read as follows:
S 200.00 Bribery in the third degree.
A person is guilty of bribery in the third degree when he OR SHE
confers, or offers or agrees to confer, any benefit upon a public serv-
ant [upon an agreement or understanding that] WITH THE INTENT TO INFLU-
ENCE such public servant's vote, opinion, judgment, action, decision or
exercise of discretion as a public servant [will thereby be influenced].
Bribery in the third degree is a class D felony.
S 8. Section 200.03 of the penal law, as amended by chapter 833 of the
laws of 1986, is amended to read as follows:
S 200.03 Bribery in the second degree.
A person is guilty of bribery in the second degree when he OR SHE
confers, or offers or agrees to confer, any benefit valued in excess of
ten thousand dollars upon a public servant [upon an agreement or under-
A. 8153 27
standing that] WITH THE INTENT TO INFLUENCE such public servant's vote,
opinion, judgment, action, decision or exercise of discretion as a
public servant [will thereby be influenced].
Bribery in the second degree is a class C felony.
S 9. Section 200.04 of the penal law, as added by chapter 276 of the
laws of 1973, is amended to read as follows:
S 200.04 Bribery in the first degree.
A person is guilty of bribery in the first degree when he OR SHE
confers, or offers or agrees to confer, any benefit upon a public serv-
ant [upon an agreement or understanding that] WITH THE INTENT TO INFLU-
ENCE such public servant's vote, opinion, judgment, action, decision or
exercise of discretion as a public servant [will thereby be influenced]
in the investigation, arrest, detention, prosecution or incarceration of
any person for the commission or alleged commission of a class A felony
defined in article two hundred twenty of [the penal law] THIS PART or an
attempt to commit any such class A felony.
Bribery in the first degree is a class B felony.
S 10. Section 200.11 of the penal law, as added by chapter 833 of the
laws of 1986, is amended to read as follows:
S 200.11 Bribe receiving in the second degree.
A public servant is guilty of bribe receiving in the second degree
when he OR SHE solicits, accepts or agrees to accept any benefit valued
in excess of [ten] FIVE thousand dollars from another person [upon an
agreement or understanding that] WITH THE INTENT THAT his OR HER vote,
opinion, judgment, action, decision or exercise of discretion as a
public servant will thereby be influenced.
Bribe receiving in the second degree is a class C felony.
S 11. Section 200.12 of the penal law, as added by chapter 276 of the
laws of 1973, is amended to read as follows:
S 200.12 Bribe receiving in the first degree.
A public servant is guilty of bribe receiving in the first degree when
he OR SHE solicits, accepts or agrees to accept any benefit VALUED IN
EXCESS OF TEN THOUSAND DOLLARS from another person [upon an agreement or
understanding that] WITH THE INTENT THAT his OR HER vote, opinion, judg-
ment, action, decision or exercise of discretion as a public servant
will thereby be influenced OR HE OR SHE SOLICITS, ACCEPTS OR AGREES TO
ACCEPT ANY BENEFIT FROM ANOTHER PERSON WITH THE INTENT THAT HIS OR HER
VOTE, OPINION, JUDGMENT, ACTION, DECISION OR EXERCISE OF DISCRETION AS A
PUBLIC SERVANT WILL THEREBY BE INFLUENCED in the investigation, arrest,
detention, prosecution or incarceration of any person for the commission
or alleged commission of a class A felony defined in article two hundred
twenty of [the penal law] THIS PART or an attempt to commit any such
class A felony.
Bribe receiving in the first degree is a class B felony.
S 12. Section 200.45 of the penal law is amended to read as follows:
S 200.45 Bribe giving for public office.
A person is guilty of bribe giving for public office when he OR SHE
confers, or offers or agrees to confer, any money or other property upon
a public servant or a party officer [upon an agreement or understanding
that] WITH THE INTENT THAT some person will or may be appointed to a
public office or designated or nominated as a candidate for public
office.
Bribe giving for public office is a class D felony.
S 13. Section 200.50 of the penal law is amended to read as follows:
S 200.50 Bribe receiving for public office.
A. 8153 28
A public servant or a party officer is guilty of bribe receiving for
public office when he OR SHE solicits, accepts or agrees to accept any
money or other property from another person [upon an agreement or under-
standing that] WITH THE INTENT THAT some person will or may be appointed
to a public office or designated or nominated as a candidate for public
office.
Bribe receiving for public office is a class D felony.
S 14. The penal law is amended by adding a new article 201 to read as
follows:
ARTICLE 201
FAILURE TO REPORT CORRUPTION
SECTION 201.00 FAILURE TO REPORT CORRUPTION.
S 201.00 FAILURE TO REPORT CORRUPTION.
1. A PUBLIC SERVANT IS GUILTY OF FAILURE TO REPORT CORRUPTION WHEN:
(A) A PUBLIC SERVANT KNOWS THAT ANOTHER PERSON OR PUBLIC SERVANT IS
GUILTY OF OFFICIAL MISCONDUCT PURSUANT TO ARTICLE ONE HUNDRED
NINETY-FIVE OF THIS TITLE; COMMITS AN ABUSE OF PUBLIC TRUST CRIME PURSU-
ANT TO ARTICLE ONE HUNDRED NINETY-SIX OF THIS TITLE; OR IS GUILTY OF
BRIBERY OR BRIBE RECEIVING PURSUANT TO ARTICLE TWO HUNDRED OF THIS
TITLE; AND
(B) SUCH PUBLIC SERVANT DOES NOT, AS SOON AS REASONABLY PRACTICABLE,
REPORT SUCH CRIME TO A DISTRICT ATTORNEY OR TO THE COMMISSION ON OFFI-
CIAL MISCONDUCT.
2. ANY PUBLIC SERVANT WHO MAKES A REPORT PURSUANT TO THIS SECTION
SHALL NOT BE SUBJECT TO DISMISSAL, DISCIPLINE OR OTHER PERSONNEL ACTION
AS A RESULT OF MAKING SUCH REPORT.
FAILURE TO REPORT CORRUPTION IS A CLASS A MISDEMEANOR.
S 15. Subdivision 4 of section 17-158 of the election law is amended
to read as follows:
4. Makes any gift, promise or contribution to any person, upon the
condition or consideration of receiving an appointment or election to a
public office or a position of public employment, or for receiving or
retaining any such office or position, or promotion, privilege, increase
of salary or compensation therein, or exemption from removal or
discharge therefrom, is guilty of a CLASS D felony.
S 16. This act shall take effect on the one hundred twentieth day
after it shall have become a law.
PART H
Section 1. Section 14-130 of the election law, as added by chapter 152
of the laws of 1985, is amended to read as follows:
S 14-130. Campaign funds for personal use. 1. Contributions received
by a candidate or a political committee may be expended for any lawful
purpose THAT IS DIRECTLY RELATED TO PROMOTING THE NOMINATION OR ELECTION
OF A CANDIDATE. Such funds shall not be converted by any person to a
personal use [which is unrelated to a political campaign or the holding
of a public office or party position].
2. (A) AS USED IN THIS SECTION, EXPENDITURES FOR "PERSONAL USE" ARE
DEFINED AS EXPENDITURES THAT:
(I) ARE FOR THE PERSONAL BENEFIT OF THE CANDIDATE OR ANY OTHER INDI-
VIDUAL;
(II) DEFRAY NORMAL LIVING EXPENSES OF THE CANDIDATE, IMMEDIATE FAMILY
OF THE CANDIDATE, OR ANY OTHER INDIVIDUAL;
A. 8153 29
(III) ARE USED TO FULFILL ANY COMMITMENT, OBLIGATION, OR EXPENSE OF A
PERSON THAT WOULD EXIST IRRESPECTIVE OF THE CANDIDATE'S ELECTION
CAMPAIGN;
(IV) ARE PUT TO ANY USE FOR WHICH THE CANDIDATE WOULD BE REQUIRED TO
TREAT THE AMOUNT OF THE EXPENDITURE AS GROSS INCOME UNDER SECTION
SIXTY-ONE OF THE INTERNAL REVENUE CODE, OR ANY SUBSEQUENT CORRESPONDING
SECTION OF THE INTERNAL REVENUE CODE OF THE UNITED STATES.
(B) EXPENDITURES FOR PERSONAL USE SHALL INCLUDE, BUT ARE NOT LIMITED
TO, EXPENSES FOR THE FOLLOWING THAT ARE NOT RELATED TO CAMPAIGN PURPOSES
OR ACTIVITIES:
(I) CRIMINAL ATTORNEY OR LEGAL FEES;
(II) FOOD;
(III) SALARY PAYMENTS TO A PERSON OR A FAMILY MEMBER;
(IV) AUTOMOBILE PURCHASES OR LEASES;
(V) TRAVEL AND MILEAGE;
(VI) RESIDENTIAL OR HOUSEHOLD ITEMS;
(VII) MORTGAGE, RENT, OR UTILITY PAYMENTS;
(VIII) FUNERAL, CREMATION, OR BURIAL;
(IX) CLOTHING;
(X) TUITION PAYMENTS;
(XI) CHILDCARE;
(XII) DUES, FEES, OR GRATUITIES AT A COUNTRY CLUB, HEALTH CLUB,
FRATERNAL ORGANIZATION OR PROFESSIONAL ORGANIZATION OR RECREATIONAL
FACILITY;
(XIII) ADMISSION TO A SPORTING EVENT, CONCERT, THEATER, OR OTHER FORM
OF ENTERTAINMENT;
(XIV) PAYMENT OF ANY FINES, FEES, OR PENALTIES; AND
(XV) ANY OTHER EXPENDITURE DESIGNATED BY THE COMMISSION ON OFFICIAL
CONDUCT AS CONSTITUTING PERSONAL USE.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.
PART I
Section 1. Section 14-126 of the election law, as amended by section 3
of part E of chapter 399 of the laws of 2011, is amended to read as
follows:
S 14-126. Violations; penalties. 1. Any person who fails to file a
statement required to be filed by this article shall be subject to a
civil penalty, not in excess of one thousand dollars, to be recoverable
in a special proceeding or civil action to be brought by the state board
of elections [or], other board of elections OR BY THE COMMISSION ON
OFFICIAL CONDUCT. Any person who, three or more times within a given
election cycle for such term of office, fails to file a statement or
statements required to be filed by this article, shall be subject to a
civil penalty, not in excess of ten thousand dollars, to be recoverable
as provided for in this subdivision.
2. Any person who, acting as or on behalf of a candidate or political
committee, under circumstances evincing an intent to violate such law,
unlawfully accepts a contribution in excess of a contribution limitation
established in this article, shall be required to refund such excess
amount and shall be subject to a civil penalty equal to the excess
amount plus a fine of up to ten thousand dollars, to be recoverable in a
special proceeding or civil action to be brought by the state board of
elections.
A. 8153 30
3. (A) Any person who knowingly and willfully fails to file a state-
ment required to be filed by this article within ten days after the date
provided for filing such statement or any person who knowingly and will-
fully violates any other provision of this article shall be guilty of a
misdemeanor.
(B) ANY CANDIDATE OR PERSON ACTING AS OR ON BEHALF OF A CANDIDATE OR
POLITICAL COMMITTEE WHO KNOWINGLY AND WILLFULLY FAILS TO FILE A STATE-
MENT REQUIRED TO BE FILED BY THIS ARTICLE WITHIN THIRTY DAYS AFTER THE
DATE PROVIDED FOR FILING SUCH STATEMENT, UNLESS GRANTED AN EXTENSION BY
THE STATE BOARD OF ELECTIONS OR OTHER BOARD OF ELECTIONS, SHALL BE
SUBJECT TO A CIVIL PENALTY OF ONE THOUSAND DOLLARS FOR THE FIRST OFFENSE
AND TWO THOUSAND FIVE HUNDRED DOLLARS FOR THE SECOND OFFENSE AND EVERY
OFFENSE COMMITTED THEREAFTER TO BE RECOVERABLE IN A SPECIAL PROCEEDING
OR CIVIL ACTION TO BE BROUGHT BY THE COMMISSION ON OFFICIAL CONDUCT.
CANDIDATES SHALL BE PLACED ON NOTICE BY THE BOARD OF ELECTIONS, AND WILL
BE LIABLE FOR ANY CRIMINAL OR CIVIL PENALTIES FOR THE TREASURER'S FAIL-
URE TO FILE REQUIRED DISCLOSURE REPORTS.
4. Any person who knowingly and willfully contributes, accepts or aids
or participates in the acceptance of a contribution in an amount exceed-
ing an applicable maximum specified in this article shall be guilty of a
misdemeanor.
5. Any person who shall, acting on behalf of a candidate or political
committee, knowingly and willfully solicit, organize or coordinate the
formation of activities of one or more unauthorized committees, make
expenditures in connection with the nomination for election or election
of any candidate, or solicit any person to make any such expenditures,
for the purpose of evading the contribution limitations of this article,
shall be guilty of a class E felony.
S 2. This act shall take effect immediately.
PART J
Section 1. Subdivision 2 of section 14-108 of the election law, as
amended by chapter 109 of the laws of 1997, is amended to read as
follows:
2. A. Each statement shall cover the period up to and including the
fourth day next preceding the day specified for the filing thereof;
provided, however, that any contribution or loan in excess of one thou-
sand dollars, if received after the close of the period to be covered in
the last statement filed before any primary, general or special election
but before such election, shall be reported, in the same manner as other
contributions, within twenty-four hours after receipt.
B. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ANY CONTRIB-
UTION RECEIVED IN EXCESS OF FIVE HUNDRED DOLLARS, SHALL BE REPORTED, IN
THE SAME MANNER AS OTHER CONTRIBUTIONS, WITHIN TWENTY-FOUR HOURS AFTER
RECEIPT.
C. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ANY EXPENDITURE
MADE BY ANY LOBBYING ORGANIZATION, POLITICAL ACTION COMMITTEE, LABOR
ORGANIZATION, OR OTHER ORGANIZATION IN THE FORM OF PAYMENTS OR REMUNERA-
TION TO INDIVIDUALS OR GROUPS FOR CAMPAIGN VOLUNTEER ACTIVITIES ON
BEHALF OF A CANDIDATE OR POLITICAL COMMITTEE, SHALL BE REPORTED BY THE
CANDIDATE OR POLITICAL COMMITTEE, IN THE SAME MANNER AS OTHER CONTRIB-
UTIONS, WITHIN TWENTY-FOUR HOURS AFTER THE EXPENDITURE IS MADE.
S 2. This act shall take effect immediately.
PART K
A. 8153 31
Section 1. The legislative law is amended by adding two new sections
2-a and 5-b to read as follows:
S 2-A. LEGISLATIVE TERM LIMITS. MEMBERS OF THE LEGISLATURE SHALL NOT
SERVE MORE THAN TEN TWO YEAR TERMS IN EITHER THE SENATE OR ASSEMBLY.
S 5-B. LIMITS ON TIME A LEGISLATOR MAY SERVE AS A LEGISLATIVE LEADER.
NO MEMBER OF THE LEGISLATURE MAY BE ELECTED TO SERVE MORE THAN FOUR
CONSECUTIVE TWO YEAR TERMS AS THE TEMPORARY PRESIDENT OF THE SENATE,
MINORITY LEADER OF THE SENATE, SPEAKER OF THE ASSEMBLY, MINORITY LEADER
OF THE ASSEMBLY, OR THE CHAIRPERSON OF ANY SENATE OR ASSEMBLY COMMITTEE.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to all
elections held after such effective date.
PART L
Section 1. The opening paragraph of paragraph (c) of subdivision 1 of
section 632-a of the executive law, as amended by section 100 of subpart
B of part C of chapter 62 of the laws of 2011, is amended to read as
follows:
"Funds of a convicted person" means all funds and property received
from any source, INCLUDING FUNDS RECEIVED FROM A PUBLIC RETIREMENT
SYSTEM, by a person convicted of a specified crime, or by the represen-
tative of such person as defined in subdivision six of section six
hundred twenty-one of this article excluding child support and earned
income, where such person:
S 2. Subdivision 1 of section 632-a of the executive law is amended by
adding a new paragraph (g) to read as follows:
(G) "PUBLIC RETIREMENT SYSTEM" SHALL MEAN THE NEW YORK STATE AND LOCAL
EMPLOYEES RETIREMENT SYSTEM, THE NEW YORK STATE AND LOCAL POLICE AND
FIRE RETIREMENT SYSTEM, THE NEW YORK STATE TEACHERS RETIREMENT SYSTEM,
THE NEW YORK CITY EMPLOYEES RETIREMENT SYSTEM, THE NEW YORK CITY BOARD
OF EDUCATION RETIREMENT SYSTEM, THE NEW YORK CITY TEACHERS RETIREMENT
SYSTEM, THE NEW YORK CITY POLICE PENSION FUND, OR THE NEW YORK CITY FIRE
DEPARTMENT PENSION FUND.
S 3. Subdivision 2 of section 110 of the retirement and social securi-
ty law, as amended by chapter 291 of the laws of 1999, is amended to
read as follows:
2. Shall not be subject to execution, garnishment, attachment, or any
other process whatsoever, EXCEPT FOR ACTIONS TAKEN PURSUANT TO SECTION
SIX HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW, and
S 4. Subdivision 2 of section 410 of the retirement and social securi-
ty law, as amended by chapter 549 of the laws of 1983, is amended to
read as follows:
2. Shall not be subject to execution, garnishment, attachment, or any
other process whatsoever, EXCEPT FOR ACTIONS TAKEN PURSUANT TO SECTION
SIX HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW, and
S 5. Section 524 of the education law is amended to read as follows:
S 524. Exemption from taxation and execution. The right of a teacher
to a pension, an annuity, or a retirement allowance, to the return of
contributions, any benefit or right accrued or accruing to any person
under the provisions of this article, and the moneys in the various
funds created hereunder, are hereby exempt from any state or municipal
tax, and shall not be subject to execution, garnishment, attachment or
any other process whatsoever, EXCEPT FOR ACTIONS TAKEN PURSUANT TO
SECTION SIX HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW, and shall be
unassignable except as in this article specifically provided.
A. 8153 32
S 6. The opening paragraph of section 13-181 of the administrative
code of the city of New York is amended to read as follows:
The right of a person to a pension, a pension-providing-for-in-
creased-take-home-pay, an annuity, or a retirement allowance, to the
return of contributions, the pension, pension-providing-for-increased-
take-home-pay, annuity, or retirement allowance itself, any optional
benefit, any other right accrued or accruing to any person under the
provisions of this chapter and the moneys in the various funds provided
for by this chapter, are hereby exempt from any state or municipal tax,
and shall not be subject to execution, garnishment, attachment, or any
other process whatsoever, EXCEPT FOR ACTIONS TAKEN PURSUANT TO SECTION
SIX HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW, and shall be unassignable
except as in this chapter specifically provided.
S 7. Section 13-212 of the administrative code of the city of New York
is amended to read as follows:
S 13-212 Exemption from tax and legal process. The right of a person
to a pension, an allowance, to the return of contributions, the pension
itself, any optional benefit, any other right accrued or accruing to any
person under the provisions of this subchapter and the moneys in the
fund provided for by this subchapter, are hereby exempt from any state
or municipal tax, and shall not be subject to execution, garnishment,
attachment, or any other process whatsoever, EXCEPT FOR ACTIONS TAKEN
PURSUANT TO SECTION SIX HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW, and
shall be unassignable except as in this article specifically provided.
S 8. Section 13-312 of the administrative code of the city of New
York, as amended by chapter 480 of the laws of 1993, is amended to read
as follows:
S 13-312 Exemption from tax and legal process. The right of a person
to a pension, an allowance, to the return of contributions, the pension
or allowance itself, any optional benefit, any other right accrued or
accruing to any person under the provisions of this subchapter and the
right to any benefit under subchapter five or subchapter six of this
chapter and any such benefit itself, and the moneys in the fund provided
for by this subchapter and in the funds provided for by such subchapter
five and subchapter six, are hereby exempt from any state or municipal
tax, and shall not be subject to execution, garnishment, attachment, or
any other process whatsoever, EXCEPT FOR ACTIONS TAKEN PURSUANT TO
SECTION SIX HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW, and shall be
unassignable except as in any such subchapter specifically provided.
S 9. Subdivision 1 of section 13-561 of the administrative code of the
city of New York, as amended by chapter 556 of the laws of 2003, is
amended to read as follows:
1. The right of a person to a pension, a pension-providing-for-in-
creased-take-home-pay, an annuity, or a retirement allowance, to the
return of contributions, the pension, pension-providing-for-increased-
take-home-pay, annuity, or retirement allowance itself, any optional
benefit, any other right accrued or accruing to any person under the
provisions of this chapter, and the moneys in the various funds provided
for by this chapter, are hereby exempt from any state or municipal tax,
and exempt from levy and sale, garnishment, attachment or any other
process whatsoever, EXCEPT FOR ACTIONS TAKEN PURSUANT TO SECTION SIX
HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW, and shall be unassignable
except as in this chapter specifically otherwise provided.
S 10. Paragraph (g) of subdivision 24 of section 2575 of the education
law, as added by chapter 623 of the laws of 2004, is amended to read as
follows:
A. 8153 33
(g) The right of an eligible participant to receive replacement bene-
fits pursuant to this subdivision, and the replacement benefits received
pursuant to this subdivision, shall be exempt from any state or munici-
pal tax, and shall not be subject to execution, garnishment, attachment
or any other process whatsoever, EXCEPT FOR ACTIONS TAKEN PURSUANT TO
SECTION SIX HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW, and shall be
unassignable, except as otherwise specifically provided for benefits
payable by the retirement system.
S 11. Subdivision 24 of section 2575 of the education law, as added by
chapter 723 of the laws of 2004, is renumbered subdivision 26 and a new
subdivision 27 is added to read as follows:
27. NOTWITHSTANDING ANY OTHER INCONSISTENT PROVISION OF LAW, RETIRE-
MENT BENEFITS RECEIVED BY A RETIRED MEMBER OF THE NEW YORK CITY BOARD OF
EDUCATION RETIREMENT SYSTEM SHALL BE SUBJECT TO ACTIONS TAKEN PURSUANT
TO SECTION SIX HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW.
S 12. This act shall take effect immediately.
PART M
Section 1. The legislative law is amended by adding a new section 68
to read as follows:
S 68. ASSEMBLY STANDING COMMITTEE ON ETHICS AND GUIDANCE. 1. THERE IS
ESTABLISHED A STANDING COMMITTEE IN THE ASSEMBLY ON ETHICS AND GUIDANCE
WHICH SHALL REPLACE THE STANDING COMMITTEE ON ETHICS AND GUIDANCE AS
ESTABLISHED BY THE RULES OF THE ASSEMBLY. THE COMMITTEE SHALL CONSIST OF
AN EQUAL NUMBER OF MAJORITY AND MINORITY MEMBERS FOR A TOTAL OF EIGHT
MEMBERS. THE EIGHT MEMBERS SHALL BE MEMBERS OF THE ASSEMBLY AND
APPOINTED AS FOLLOWS: FOUR BY THE SPEAKER OF THE ASSEMBLY AND FOUR BY
THE MINORITY LEADER OF THE ASSEMBLY.
2. THE COMMITTEE SHALL SERVE AS DESCRIBED IN THIS SECTION AND HAVE AND
EXERCISE THE POWERS AND DUTIES SET FORTH IN THIS SECTION ONLY WITH
RESPECT TO MEMBERS OF THE ASSEMBLY AND ASSEMBLY EMPLOYEES.
3. MEMBERS OF THE ASSEMBLY WHO SERVE ON THE COMMITTEE SHALL EACH HAVE
A TWO YEAR TERM CONCURRENT WITH THEIR LEGISLATIVE TERMS OF OFFICE.
4. MEMBERS OF THE COMMITTEE MAY ONLY BE REMOVED BY A MAJORITY VOTE OF
THE COMMITTEE SOLELY FOR SUBSTANTIAL NEGLECT OF DUTY, GROSS MISCONDUCT
IN OFFICE, VIOLATION OF THE CONFIDENTIALITY RESTRICTIONS IN THIS
SECTION, INABILITY TO DISCHARGE THE POWERS OR DUTIES OF OFFICE OR
VIOLATION OF THIS SECTION, AFTER WRITTEN NOTICE AND OPPORTUNITY FOR A
REPLY.
5. THE SPEAKER OF THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY
SHALL EACH DESIGNATE ONE MEMBER OF THE COMMITTEE AS A CO-CHAIRPERSON
THEREOF. THE CO-CHAIRPERSONS SHALL RECEIVE COMPENSATION AS PROVIDED FOR
IN SECTION FIVE-A OF THIS CHAPTER.
6. THE COMMITTEE SHALL MEET AT LEAST BI-MONTHLY AND AT SUCH ADDITIONAL
TIMES AS MAY BE CALLED FOR BY THE CO-CHAIRPERSONS JOINTLY OR ANY FOUR
MEMBERS OF THE COMMITTEE.
7. ANY VACANCY OCCURRING ON THE COMMITTEE SHALL BE FILLED WITHIN THIR-
TY DAYS BY THE APPOINTING AUTHORITY.
8. FIVE MEMBERS OF THE COMMITTEE SHALL CONSTITUTE A QUORUM, AND THE
COMMITTEE SHALL HAVE POWER TO ACT BY MAJORITY VOTE OF THE TOTAL NUMBER
OF MEMBERS OF THE COMMITTEE WITHOUT VACANCY.
9. THE COMMITTEE SHALL BE FUNDED SEPARATELY FROM THE ASSEMBLY APPRO-
PRIATIONS PROVIDED ANNUALLY IN AN AMOUNT DEEMED APPROPRIATE BY AN AGREE-
MENT OF THE CO-CHAIRS FOR THE MAINTENANCE AND OPERATION OF THE COMMIT-
TEE. SUCH APPROPRIATION FOR THE COMMITTEE SHALL BE SPECIFICALLY LINED
A. 8153 34
OUT IN THE LEGISLATIVE BUDGET. THE EXECUTIVE DIRECTOR AND EMPLOYEES OF
THE COMMITTEE SHALL BE CONSIDERED AS EMPLOYEES OF THE ASSEMBLY FOR ALL
PURPOSES.
10. THE COMMITTEE SHALL:
(A) APPOINT AN EXECUTIVE DIRECTOR WHO SHALL ACT IN ACCORDANCE WITH THE
POLICIES OF THE COMMITTEE, PROVIDED THAT THE COMMITTEE MAY REMOVE THE
EXECUTIVE DIRECTOR BY A MAJORITY VOTE FOR NEGLECT OF DUTY, MISCONDUCT IN
OFFICE, OR INABILITY OR FAILURE TO DISCHARGE THE POWERS OR DUTIES OF
OFFICE;
(B) APPOINT SUCH OTHER STAFF AS ARE NECESSARY TO ASSIST IT TO CARRY
OUT ITS DUTIES UNDER THIS SECTION;
(C) ADOPT, AMEND, AND RESCIND POLICIES, RULES AND REGULATIONS CONSIST-
ENT WITH THIS SECTION TO GOVERN PROCEDURES OF THE COMMITTEE;
(D) ADMINISTER THE PROVISIONS OF THIS SECTION;
(E) REVIEW ALL RULES AND POLICIES OF THE SPEAKER OR THE ASSEMBLY
RELATING TO CONDUCT OF MEMBERS AND EMPLOYEES OF THE ASSEMBLY, INCLUDING
BUT NOT LIMITED TO ETHICS, SEXUAL HARASSMENT AND FRATERNIZATION WITH
STUDENT INTERNS, AND RECOMMEND TO THE SPEAKER OF THE ASSEMBLY AND THE
MINORITY LEADER OF THE ASSEMBLY ANY CHANGES TO SUCH RULES AND POLICIES
OR OFFER MOTIONS TO AMEND RULES OF THE ASSEMBLY, OR OFFER MOTIONS TO
SUSPEND RULES OF THE ASSEMBLY, OR ADOPT POLICIES RELATING TO CONDUCT OF
MEMBERS AND EMPLOYEES OF THE ASSEMBLY, INCLUDING BUT NOT LIMITED TO
ETHICS, SEXUAL HARASSMENT AND FRATERNIZATION WITH STUDENT INTERNS. ANY
SUCH POLICY RELATING TO CONDUCT OF MEMBERS AND EMPLOYEES OF THE ASSEMBLY
ADOPTED BY THE COMMITTEE SHALL BE THE POLICY OF THE ASSEMBLY AND SUBJECT
TO THE PROVISIONS OF THIS SECTION;
(F) DEVELOP AND REGULARLY UPDATE A COURSE OF INSTRUCTION FOR ALL
MEMBERS AND EMPLOYEES OF THE ASSEMBLY WITH REGARD TO THE LAWS AND POLI-
CIES GOVERNING THEIR CONDUCT. THE COMMITTEE SHALL RECOMMEND TO THE
SPEAKER OF THE ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY A
CONDUCT AND ETHICS TRAINING PLAN FOR IMPLEMENTING AND SCHEDULING SUCH
COURSE OF INSTRUCTION FOR MEMBERS, EMPLOYEES AND NEWLY-HIRED EMPLOYEES;
(G) PREPARE AN ANNUAL REPORT TO THE SPEAKER OF THE ASSEMBLY AND THE
MINORITY LEADER OF THE ASSEMBLY SUMMARIZING THE ACTIVITIES OF THE
COMMITTEE DURING THE PREVIOUS YEAR AND RECOMMENDING ANY CHANGES IN THE
LAWS GOVERNING THE CONDUCT OF PERSONS SUBJECT TO THE JURISDICTION OF THE
COMMITTEE, OR THE RULES, REGULATIONS AND PROCEDURES GOVERNING THE
COMMITTEE'S CONDUCT. SUCH REPORT SHALL INCLUDE: (I) A LISTING BY
ASSIGNED NUMBER OF EACH COMPLAINT INCLUDING CURRENT STATUS OF EACH
COMPLAINT, (II) WHERE A MATTER WAS DEFERRED, AND (III) WHERE A MATTER
HAS BEEN RESOLVED, THE DATE AND NATURE OF THE DISPOSITION AND ANY SANC-
TION IMPOSED, SUBJECT TO THE CONFIDENTIALITY REQUIREMENTS OF THIS
SECTION; AND
(H) INVESTIGATE COMPLAINTS AND IMPOSE DISCIPLINARY MEASURES AGAINST
MEMBERS AND EMPLOYEES FOUND IN VIOLATION OF RULES AND POLICIES OF THE
SPEAKER OR THE ASSEMBLY OR THE PUBLIC OFFICERS LAW OR OTHER LAW.
11. INVESTIGATIONS, MANDATORY REPORTING OF VIOLATIONS, AND ENFORCEMENT
AUTHORITY:
(A) THE COMMITTEE SHALL HAVE THE AUTHORITY, ON ITS OWN ACCORD, TO
INITIATE BY A MAJORITY VOTE AN INVESTIGATION INTO A POSSIBLE VIOLATION,
BY ANY MEMBER OR EMPLOYEE OF THE ASSEMBLY, OF THE RULES OR POLICY OF THE
SPEAKER OR THE ASSEMBLY OR OF THE PUBLIC OFFICERS LAW OR OTHER LAW.
(B) ANY FORMAL OR INFORMAL COMPLAINT OF A VIOLATION OF RULES AND POLI-
CIES OF THE SPEAKER OR THE ASSEMBLY RELATING TO CONDUCT OF MEMBERS AND
EMPLOYEES OF THE ASSEMBLY OR OF A VIOLATION OF THE PUBLIC OFFICERS LAW
OR OTHER LAW, MUST BE REPORTED TO THE COMMITTEE WITHIN FIVE DAYS OF SUCH
A. 8153 35
COMPLAINT BEING MADE TO COUNSEL, OFFICE OF HUMAN RESOURCES, OFFICE OF
ADMINISTRATION AND PERSONNEL OR INTAKE REPRESENTATIVE.
(C) THE COMMITTEE SHALL REVIEW SUCH COMPLAINT AT THE NEXT MEETING OF
SUCH COMMITTEE AND DETERMINE BY MAJORITY VOTE WHETHER TO INVESTIGATE
SUCH COMPLAINT FURTHER, COMMENCE A FULL FORMAL INVESTIGATION OF SUCH
COMPLAINT OR DEFER SUCH COMPLAINT TO THE COMMISSION ON OFFICIAL CONDUCT,
THE LEGISLATIVE ETHICS COMMISSION, OR AN APPROPRIATE PROSECUTOR. THE
STAFF OF THE COMMITTEE SHALL PROVIDE TO THE MEMBERS OF THE COMMITTEE
PRIOR TO SUCH VOTE INFORMATION REGARDING THE LIKELY SCOPE AND CONTENT OF
THE INVESTIGATION, AND A SUBPOENA PLAN, TO THE EXTENT SUCH INFORMATION
IS AVAILABLE.
(D) IF THE COMMITTEE DETERMINES BY MAJORITY VOTE THAT A FULL FORMAL
INVESTIGATION SHALL COMMENCE THE COMMITTEE SHALL NOTIFY THE INDIVIDUAL
IN WRITING, DESCRIBE THE POSSIBLE OR ALLEGED VIOLATION OF RULES AND
POLICIES OF THE SPEAKER OR THE ASSEMBLY RELATED TO CONDUCT OF MEMBERS
AND EMPLOYEES OF THE ASSEMBLY OR OF A VIOLATION OF THE PUBLIC OFFICERS
LAW OR OTHER LAW 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 SUCH RULES
AND POLICIES.
(E) THE COMMITTEE HAS THE AUTHORITY TO CONDUCT ANY INQUIRY PERTINENT
OR MATERIAL TO THE DISCHARGE OF THE FUNCTIONS, POWERS AND DUTIES IMPOSED
BY LAW; AND THROUGH DESIGNATED MEMBERS OF THE STAFF, TO SUBPOENA
WITNESSES, ADMINISTER OATHS, TAKE TESTIMONY AND COMPEL THE PRODUCTION OF
SUCH BOOKS, PAPERS, RECORDS AND DOCUMENTS AS MAY BE RELEVANT TO ANY SUCH
INQUIRY AND INVESTIGATION.
(F) IF THE COMMITTEE DETERMINES AT ANY STAGE THAT THERE IS NO
VIOLATION, IT SHALL SO ADVISE THE INDIVIDUAL AND THE COMPLAINANT, IF
ANY. ALL OF THE FOREGOING PROCEEDINGS SHALL BE CONFIDENTIAL.
(G) THE JURISDICTION OF THE COMMITTEE WHEN ACTING PURSUANT TO THIS
SECTION SHALL CONTINUE NOTWITHSTANDING THAT A MEMBER OF THE ASSEMBLY OR
ASSEMBLY EMPLOYEE SEPARATES FROM ASSEMBLY SERVICE, PROVIDED THAT THE
COMMITTEE NOTIFIES SUCH INDIVIDUAL OF THE ALLEGED VIOLATION OF RULES AND
POLICIES OF THE SPEAKER OR THE ASSEMBLY RELATING TO CONDUCT OF MEMBERS
AND EMPLOYEES OF THE ASSEMBLY OR OF A VIOLATION OF THE PUBLIC OFFICERS
LAW PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION WITHIN ONE YEAR FROM
HIS OR HER SEPARATION FROM ASSEMBLY SERVICE.
(H) IF DURING THE COURSE OF ITS INVESTIGATION THE COMMITTEE DEEMS THAT
A VIOLATION OF RULES AND POLICIES OF THE SPEAKER OR THE ASSEMBLY RELATED
TO CONDUCT OF MEMBERS AND EMPLOYEES OF THE ASSEMBLY OR A VIOLATION OF
THE PUBLIC OFFICERS LAW OR OTHER LAW HAS OCCURRED, THE COMMITTEE SHALL
NOTIFY THE INDIVIDUAL IN WRITING.
(I) THE COMMITTEE SHALL HAVE THE AUTHORITY TO (I) RECOMMEND PUNISH-
MENTS FOR VIOLATIONS OF RULES AND POLICIES OF THE SPEAKER OR THE ASSEM-
BLY, OR THE PUBLIC OFFICERS LAW OR OTHER LAW, INCLUDING BUT NOT LIMITED
TO CENSURE, STRIPPING MEMBERS OF LEADERSHIP POSITIONS OR EXPULSION
PURSUANT TO SECTION THREE OF THIS CHAPTER AND (II) ACCESS PENALTIES
PURSUANT TO APPLICABLE LAW OR RULE.
(J) NO MEMBER OR EMPLOYEE OF THE ASSEMBLY SHALL TAKE ANY ADVERSE
PERSONNEL ACTION WITH RESPECT TO ANOTHER MEMBER OR EMPLOYEE OF THE
ASSEMBLY IN RETALIATION FOR HIS OR HER MAKING A REPORT TO THE COMMITTEE,
OR FOR HIS OR HER OFFICIAL DUTIES AS A MEMBER OF THE COMMITTEE, CONCERN-
ING CONDUCT WHICH HE OR SHE KNOWS OR REASONABLY BELIEVES TO BE A
VIOLATION OF RULES AND POLICIES OF THE SPEAKER OR THE ASSEMBLY OR THE
PUBLIC OFFICERS LAW OR OTHER LAW.
A. 8153 36
(K) NOTWITHSTANDING THE PROVISIONS OF ARTICLE SIX OF THE PUBLIC OFFI-
CERS LAW, THE ONLY RECORDS OF THE COMMITTEE WHICH SHALL BE AVAILABLE FOR
PUBLIC INSPECTION AND COPYING ARE:
(I) THE TERMS OF ANY SETTLEMENT OR COMPROMISE OF A COMPLAINT OR REFER-
RAL OR REPORT WHICH INCLUDES A FINE, PENALTY OR OTHER REMEDY REACHED BY
THE COMMITTEE; AND
(II) ALL REPORTS REQUIRED BY THIS SECTION.
12. NOTWITHSTANDING THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC
OFFICERS LAW, NO MEETING OR PROCEEDING OF THE COMMITTEE SHALL BE OPEN TO
THE PUBLIC, EXCEPT IF EXPRESSLY PROVIDED OTHERWISE BY THIS SECTION OR
THE COMMITTEE.
S 2. That portion of subdivision 1 of section 5-a of the legislative
law entitled "ASSEMBLYMEN SERVING IN SPECIAL CAPACITY", as amended by
section 3 of part XX of chapter 56 of the laws of 2009, is amended to
read as follows:
ASSEMBLYMEN SERVING IN SPECIAL CAPACITY
Chairman of assembly ways and means committee ................... 34,000
Ranking minority member of assembly ways and means
committee ...................................................... 20,500
Chairman of assembly judiciary committee ........................ 18,000
Ranking minority member of assembly judiciary
committee ...................................................... 11,000
Chairman of assembly codes committee ............................ 18,000
Ranking minority member of assembly codes
committee ...................................................... 11,000
Chairman of assembly banks committee ............................ 15,000
Ranking minority member of assembly banks committee .............. 9,500
Chairman of assembly committee on cities ........................ 15,000
Ranking minority member of assembly committee on cities .......... 9,500
Chairman of assembly education committee ........................ 18,000
Ranking minority member of assembly education committee ......... 11,000
Chairman of assembly health committee ........................... 15,000
Ranking minority member of assembly health committee ............. 9,500
Chairman of assembly local governments committee ................ 15,000
Ranking minority member of assembly local governments
committee ....................................................... 9,500
Chairman of assembly agriculture committee ...................... 12,500
Ranking minority member of assembly agriculture committee ........ 9,000
Chairman of assembly economic development, job creation,
commerce and industry committee ................................ 18,000
Ranking minority member of assembly economic development,
job creation, commerce and industry committee .................. 11,000
Chairman of assembly environmental conservation committee ....... 12,500
Ranking minority member of assembly environmental
conservation committee .......................................... 9,000
Chairman of assembly corporations, authorities
and commissions committee ...................................... 15,000
Ranking minority member of assembly corporations,
authorities, and commissions committee .......................... 9,500
Chairman of assembly correction committee ....................... 12,500
Ranking minority member of assembly correction committee ......... 9,000
MAJORITY Chairman of assembly ethics and guidance
committee ...................................................... 12,500
[Ranking minority member of assembly ethics and guidance
A. 8153 37
committee ...................................................... 9,000]
MINORITY CHAIRMAN OF ASSEMBLY ETHICS AND GUIDANCE
COMMITTEE ...................................................... 12,500
Chairman of assembly governmental employees committee ........... 12,500
Ranking minority member of assembly governmental
employees committee ............................................. 9,000
Chairman of assembly governmental operations committee .......... 12,500
Ranking minority member of assembly governmental
operations committee ............................................ 9,000
Chairman of assembly housing committee .......................... 12,500
Ranking minority member of assembly housing committee ............ 9,000
Chairman of assembly insurance committee ........................ 12,500
Ranking minority member of assembly insurance committee .......... 9,000
Chairman of assembly labor committee ............................ 14,000
Ranking minority member of assembly labor committee .............. 9,000
Chairman of assembly racing and wagering committee .............. 12,500
Ranking minority member of assembly racing and wagering
committee ....................................................... 9,000
Chairman of assembly social services committee .................. 12,500
Ranking minority member of assembly social services
committee ....................................................... 9,000
Chairman of assembly small business committee ................... 12,500
Ranking minority member of assembly small business
committee ....................................................... 9,000
Chairman of assembly transportation committee ................... 15,000
Ranking minority member of assembly transportation
committee ....................................................... 9,500
Chairman of assembly veterans' affairs committee ................ 12,500
Ranking minority member of assembly veterans' affairs
committee ....................................................... 9,000
Chairman of assembly aging committee ............................ 12,500
Ranking minority member of assembly aging committee .............. 9,000
Chairman of the assembly alcoholism and drug abuse
committee ...................................................... 12,500
Ranking minority member of the assembly
alcoholism and drug abuse committee ............................. 9,000
Chairman of assembly committee on mental health,
mental retardation and developmental disabilities .............. 12,500
Ranking minority member of assembly committee on mental health,
mental retardation and developmental disabilities ............... 9,000
Chairman of assembly higher education committee ................. 12,500
Ranking minority member of assembly higher education
committee ....................................................... 9,000
Chairman of assembly real property taxation committee ........... 12,500
Ranking minority member of assembly real property
taxation committee .............................................. 9,000
Chairman of assembly election law committee ..................... 12,500
Ranking minority member of assembly election
law committee ................................................... 9,000
Chairman of assembly children and families committee ............ 12,500
Ranking minority member of assembly children
and families committee .......................................... 9,000
Chairman of assembly consumer affairs and protection
committee ...................................................... 12,500
Ranking minority member of assembly consumer affairs and
A. 8153 38
protection committee ............................................ 9,000
Chairman of the assembly energy committee ....................... 12,500
Ranking minority member of assembly energy committee ............. 9,000
Chairman of assembly tourism, parks, arts and sports development
committee ...................................................... 12,500
Ranking minority member of assembly tourism, parks, arts and
sports development committee .................................... 9,000
Chairman of assembly oversight, analysis and investigation
committee ...................................................... 12,500
Ranking minority member of assembly oversight,
analysis and investigation committee ............................ 9,000
Chairman of assembly office of state-federal relations .......... 12,500
Chairman of majority house operations ........................... 12,500
Chairman of minority house operations ............................ 9,000
Co-chairman of the administrative regulations review
commission ..................................................... 12,500
S 3. This act shall take effect immediately.
PART N
Section 1. The real property tax law is amended by adding a new
section 493 to read as follows:
S 493. LIMITATIONS. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, ANY REAL PROPERTY WHICH WOULD OTHERWISE BE ELIGIBLE FOR AN
EXEMPTION, CREDIT, ABATEMENT, REBATE OR OTHER REDUCTION OR OFFSET OF
REAL PROPERTY TAX LIABILITY AUTHORIZED BY LAW SHALL NOT BE SO ELIGIBLE
IF ANY PERSON WHO STANDS TO BENEFIT FROM THE EXEMPTION, CREDIT, ABATE-
MENT, REBATE OR OTHER REDUCTION OR OFFSET STANDS CONVICTED OF ANY FELONY
OFFENSE AS DEFINED BY STATE OR FEDERAL LAW AND WHEN SUCH OFFENSE WAS
DIRECTLY RELATED TO HIS OR HER SERVICE AS AN ELECTED OFFICIAL, OR OFFI-
CER OF THE STATE OR OF A CIVIL DIVISION THEREOF; OR A VIOLENT FELONY
OFFENSE AS DEFINED UNDER SECTION 70.02 OF THE PENAL LAW OR A CLASS A
FELONY OFFENSE DEFINED IN THE PENAL LAW, WHILE SERVING IN SUCH OFFICE OR
CAPACITY.
2. FOR PURPOSES OF THIS SECTION, A PERSON SHALL BE DEEMED TO STAND TO
BENEFIT FROM AN EXEMPTION, CREDIT, ABATEMENT, REBATE OR OTHER REDUCTION
OR OFFSET OF REAL PROPERTY TAX LIABILITY IF THE PERSON IS:
(A) AN OWNER OR BENEFICIAL OWNER THEREOF, OR
(B) IN THE CASE OF RESIDENTIAL REAL PROPERTY OWNED BY A COOPERATIVE
APARTMENT CORPORATION, A TENANT-STOCKHOLDER RESIDING THEREIN, OR
(C) IN THE CASE OF A PARTNERSHIP THAT HAS LEGAL TITLE TO PROPERTY, OR
IS OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES THEREON, A PARTNER THERE-
OF, OR
(D) IN THE CASE OF A LIMITED LIABILITY COMPANY THAT HAS LEGAL TITLE TO
PROPERTY, OR IS OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES THEREON, A
MANAGER OR MEMBER THEREOF, OR
(E) IN THE CASE OF A CORPORATION THAT HAS LEGAL TITLE TO PROPERTY OR
IS OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES THEREON, A DIRECTOR OR
OFFICER THEREOF.
3. IN THE EVENT A PERSON OR FIRM, PARTNERSHIP OR CORPORATION IS
CONVICTED OF ANY FELONY OFFENSE AS DEFINED BY STATE OR FEDERAL LAW AND
WHEN SUCH OFFENSE WAS DIRECTLY RELATED TO HIS OR HER SERVICE AS AN
ELECTED OFFICIAL, OR OFFICER OF THE STATE OR OF A CIVIL DIVISION THERE-
OF; OR A VIOLENT FELONY OFFENSE AS DEFINED UNDER SECTION 70.02 OF THE
PENAL LAW OR A CLASS A FELONY OFFENSE DEFINED IN THE PENAL LAW, WHILE
A. 8153 39
SERVING IN SUCH OFFICE OR CAPACITY, THE OFFICE RESPONSIBLE FOR PROSECUT-
ING SUCH OFFENSE SHALL SEND NOTICE OF SUCH CONVICTION, TOGETHER WITH THE
NAMES OF ANY FIRM, PARTNERSHIP OR CORPORATION OF WHICH THE PERSON IS
KNOWN TO BE A MEMBER, PARTNER, OFFICER OR DIRECTOR, TO THE ASSESSOR OF
ANY ASSESSING UNIT IN WHICH SUCH PERSON OR SUCH FIRM, PARTNERSHIP OR
CORPORATION IS KNOWN TO OWN PROPERTY.
S 2. The tax law is amended by adding a new section 39 to read as
follows:
S 39. LIMITATIONS ON TAX CREDIT ELIGIBILITY. ANY TAXPAYER WHO STANDS
CONVICTED, AND WHO IS A SHAREHOLDER OF AN S CORPORATION, OR MAJORITY
SHAREHOLDER OF A C CORPORATION, OR PARTNER IN A PARTNERSHIP, OR MEMBER
OF A LIMITED LIABILITY COMPANY, OR SOLE PROPRIETOR WHICH IS CONVICTED,
OF ANY FELONY OFFENSE AS DEFINED BY STATE OR FEDERAL LAW AND WHEN SUCH
OFFENSE WAS DIRECTLY RELATED TO HIS OR HER SERVICE AS AN ELECTED OFFI-
CIAL, OR OFFICER OF THE STATE OR OF A CIVIL DIVISION THEREOF; OR A
VIOLENT FELONY OFFENSE AS DEFINED UNDER SECTION 70.02 OF THE PENAL LAW
OR A CLASS A FELONY OFFENSE DEFINED IN THE PENAL LAW, WHILE SERVING IN
SUCH OFFICE OR CAPACITY; SHALL NOT BE ELIGIBLE FOR ANY TAX CREDIT
ALLOWED UNDER ARTICLE NINE, NINE-A, THIRTY-TWO OR THIRTY-THREE OF THIS
CHAPTER OR ANY BUSINESS TAX CREDIT ALLOWED UNDER ARTICLE TWENTY-TWO OF
THIS CHAPTER. FOR PURPOSES OF THIS SECTION, A BUSINESS TAX CREDIT
ALLOWED UNDER ARTICLE TWENTY-TWO OF THIS CHAPTER IS A TAX CREDIT ALLOWED
TO TAXPAYERS UNDER ARTICLE TWENTY-TWO WHICH IS SUBSTANTIALLY SIMILAR TO
A TAX CREDIT ALLOWED TO TAXPAYERS UNDER ARTICLE NINE-A OF THIS CHAPTER.
S 3. This act shall take effect immediately.
S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 4. This act shall take effect immediately; provided, however, that
the applicable effective dates of Parts A through N of this act shall be
as specifically set forth in the last section of such Parts.