S T A T E   O F   N E W   Y O R K
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                                  7147

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 27, 2015
                               ___________

Introduced  by  M. of A. KOLB -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend the state finance law, in relation to  requiring  trans-
  parency,  identification  and disclosure of certain appropriations and
  intended recipients (Part A); to establish the commission on  official
  conduct, providing for its powers, duties and functions, and providing
  for the transfer of the functions, powers and duties of the commission
  on public integrity, the office of the state inspector general and the
  former  temporary  state commission of investigation to the commission
  on official conduct; to amend the civil service law and  the  legisla-
  tive  law, in relation to the commission on public integrity; to amend
  the racing, pari-mutuel wagering  and  breeding  law  in  relation  to
  membership  on  the  franchise  oversight  board;  to amend the public
  authorities law and the  executive  law,  in  relation  to  the  state
  inspector  general; to amend the criminal procedure law, the executive
  law and the public officers law, in relation to the  former  temporary
  state  commission of investigation; to repeal section 94 of the execu-
  tive law relating to the joint commission on public ethics; to  repeal
  article 4-A of the executive law and subdivision 68 of section 2.10 of
  the criminal procedure law relating to the office of the state inspec-
  tor  general;  and to repeal chapter 989 of the laws of 1958, relating
  to creating a temporary state commission  of  investigation,  relating
  thereto (Part B); to amend the election law, in relation to forfeiture
  of unspent campaign funds after criminal conviction and resignation of
  the  elected official (Part C); to amend the penal law, in relation to
  failure to report corruption (Part D); to amend the election  law,  in
  relation  to limitations on use of campaign contributions (Part E); to
  amend the election law, in relation to filing late campaign disclosure
  statements (Part F); to amend the election law,  in  relation  to  the
  reporting of certain contributions and expenditures (Part G); to amend
  the legislative law, in relation to term limits (Part H); to amend the
  executive  law,  the retirement and social security law, the education
  law, and the administrative code of the city of New York, in  relation
  to the forfeiture of retirement benefits (Part I); to amend the legis-

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

                                                           LBD10155-01-5

A. 7147                             2

  lative  law, in relation to creating an assembly standing committee on
  ethics and guidance (Part J); to amend the real property tax  law  and
  tax  law,  in  relation  to  limitations on certain exemptions and tax
  credits (Part K); and to amend the public officers law, in relation to
  the disclosure of measure of employment (Part L)

  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 "public integrity in government act of 2015".
  S 2.  This act enacts into law major components of legislation provid-
ing  for  member  item  reform,  creating  a  new Commission on Official
Conduct, requiring forfeiture of campaign funds upon felony convictions,
creating a new crime for failure to report corruption, limiting  use  of
campaign  funds, enhancing penalties for filing late campaign disclosure
statements, requiring campaign contributions in excess of  five  hundred
dollars  and payments to campaign volunteers to be reported within twen-
ty-four hours, limiting terms of leaders and committee chairs,  allowing
for  the  garnishment of convicted public officers' pension benefits for
damages, establishing the Assembly  Standing  Committee  on  Ethics  and
Guidance  in  Law, and requiring full disclosure of legislators' income.
Each component is wholly contained within a Part identified as  Parts  A
through  L.  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 "public  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  constitutional  proposals  that  remove  pension benefits from
public officials who are convicted of a felony related to such  individ-
ual'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. 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. 7147                             3

  (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
  (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 B

A. 7147                             4

  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
  (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.

A. 7147                             5

  (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-
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

A. 7147                             6

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;
  (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

A. 7147                             7

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:
  (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;

A. 7147                             8

  (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
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

A. 7147                             9

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.
  (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

A. 7147                            10

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-
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

A. 7147                            11

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
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.

A. 7147                            12

  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
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;

A. 7147                            13

  (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.
  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

A. 7147                            14

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.
  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,

A. 7147                            15

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.
  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.

A. 7147                            16

  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
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

A. 7147                            17

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.
  (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;

A. 7147                            18

  (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, paragraph 8 of subdivision 3 as  amended  by
section  37 of subpart A of part H of chapter 55 of the laws of 2014 and
subdivision 4 as amended by section 5 of part A of chapter  399  of  the
laws of 2011, are amended to read as follows:
8.  (a)  If  the  reporting individual practices law, is licensed by the
    department of state as a real estate broker or agent or practices  a
    profession  licensed  by  the department of education, or works as a
    member or employee of  a  firm  required  to  register  pursuant  to
    section  one-e  of the legislative law as a lobbyist, give a general
    description of the principal subject areas of matters undertaken  by
    such individual.  Additionally, if such an individual practices with
    a firm or corporation and is a partner or shareholder of the firm or
    corporation,  give  a general description of principal subject areas
    of matters undertaken by such firm or corporation.

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________

  (b) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES  ARE
PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE, OR FOR NEW MATTERS
FOR  EXISTING  CLIENTS  OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT
ARE PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE:
  If the reporting individual personally provides services to any person
or entity, or works as a member or employee of a partnership  or  corpo-
ration  that  provides  such  services  (referred  to  hereinafter  as a
"firm"), then identify each client or customer  to  whom  the  reporting
individual personally provided services, or who was referred to the firm
by  the  reporting individual, and from whom the reporting individual or
his or her firm earned fees in excess of $10,000  during  the  reporting
period for such services rendered in direct connection with:
  (i) A proposed bill or resolution in the senate or assembly during the
reporting period;
  (ii)  A  contract in an amount totaling $50,000 or more from the state
or any state agency for services, materials, or property;
  (iii) A grant of $25,000 or more from the state or  any  state  agency
during the reporting period;
  (iv)  A  grant  obtained  through  a legislative initiative during the
reporting period; or
  (v) A case, proceeding, application or other  matter  that  is  not  a
ministerial matter before a state agency during the reporting period.

A. 7147                            19

  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 MISCONDUCT. 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)  APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
PROVIDED ON OR AFTER JANUARY FIRST, TWO THOUSAND  FIFTEEN,  OR  FOR  NEW
MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES
THAT ARE PROVIDED ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN:
  If  the reporting individual receives income of fifty thousand dollars
or greater from any employment or  activity  reportable  under  question
8(a),  identify  each  registered  lobbyist who has directly referred to
such individual a client who was successfully referred to the  reporting
individual's  business  and  from  whom the reporting individual or firm
received a fee for services in excess of ten  thousand  dollars.  Report
only  these referrals that were made to a reporting individual by direct
communication from a person known to such reporting individual to  be  a
registered  lobbyist  at  the time the referral is made. With respect to
each such referral, the reporting individual shall identify  the  regis-
tered  lobbyist  who has made the referral, the category of value of the
compensation received and a general description of the type of matter so
referred. A reporting individual need not disclose activities  performed
while  lawfully  acting  pursuant to paragraphs (c), (d), (e) and (f) of
subdivision seven of section seventy-three of this article. The  disclo-
sure  requirements  in  this  question  shall  not require disclosure of
clients or customers receiving medical or dental services, mental health
services, residential  real  estate  brokering  services,  or  insurance

A. 7147                            20

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  investi-
gation  or  prosecution  by  law enforcement authorities, bankruptcy, or
domestic relations matters. With respect to clients represented in other
matters, the reporting individual shall request an  exemption  from  the
joint  commission,  which shall be granted for good cause shown. For the
purposes of this question, good cause  may  be  shown  by  circumstances
including,  but  not limited to, where disclosure of a client's identity
would reveal trade secrets or have a negative  impact  on  the  client's
business  interests,  would  cause  embarrassment  for the client, could
reasonably result in retaliation against the client, or  would  tend  to
reveal  non-public  matters  regarding  a criminal investigation. Only a
reporting individual who first enters public office after January first,
two thousand fifteen, 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          Name of Lobbyist          Category of Amount (in Table 1)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

  (d) List the name, principal address and general  description  or  the
nature  of  the  business  activity of any entity in which the reporting
individual or such individual's spouse had an investment  in  excess  of
$1,000 excluding investments in securities and interests in real proper-
ty.

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________

  4.  A reporting individual who knowingly and wilfully fails to file an
annual statement of financial disclosure or who knowingly  and  wilfully
with  intent  to  deceive  makes  a false statement or gives information
which such individual knows to be false on such statement  of  financial
disclosure  filed  pursuant  to this section shall be subject to a civil
penalty in an amount not to exceed forty thousand dollars. Assessment of
a civil penalty hereunder shall be made by  the  [joint]  commission  on
[public  ethics]  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

A. 7147                            21

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:
  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 C

  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,  SHALL  BE  SUBJECT  TO
IMMEDIATE  AUDIT  AND  ANY  UNSPENT  CONTRIBUTIONS  SHALL  BE SUBJECT TO

A. 7147                            22

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
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 D

  Section  1.  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. 7147                            23

  (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; IS  GUILTY  OF  BRIBERY  OR  BRIBE  RECEIVING
PURSUANT  TO  ARTICLE TWO HUNDRED OF THIS TITLE; OR IS GUILTY OF A CRIME
OF CORRUPTING THE GOVERNMENT PURSUANT TO ARTICLE FOUR HUNDRED NINETY-SIX
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 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

                                 PART E

  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;
  (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;

A. 7147                            24

  (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 F

  Section 1. Section 14-126 of the election law, as amended by section 6
of subpart C of part H of chapter 55 of the laws of 2014 and subdivision
1  as  separately amended by section 1 of subpart B of part H of chapter
55 of the laws of 2014, is amended to read as follows:
  S 14-126. Violations; penalties. 1. (a) 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  chief
enforcement counsel pursuant to section 16-114 of this chapter 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.
  (b) All payments received by the state board of elections pursuant  to
this section shall be retained in the appropriate accounts as designated
by the division of the budget for enforcement activities by the board of
elections.
  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 chief enforcement counsel.
  3. Any person who falsely identifies or knowingly  fails  to  identify
any  independent  expenditure  as required by subdivision two of section
14-107 of this article shall be subject to a civil  penalty  up  to  one
thousand  dollars  or  up to the cost of the communication, whichever is
greater, in a special proceeding or civil action brought  by  the  state
board  of elections chief enforcement counsel or imposed directly by the
state board of elections. For purposes of  this  subdivision,  the  term
"person"  shall mean a person, group of persons, corporation, unincorpo-
rated business entity, labor organization or business, trade or  profes-
sional association or organization or political committee.
  4.  (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

A. 7147                            25

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.
  5. 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
class A misdemeanor.
  6.  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 G

  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 H

  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.

A. 7147                            26

  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 I

  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.
  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,

A. 7147                            27

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:
  (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.

A. 7147                            28

  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 J

  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
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

A. 7147                            29

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
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

A. 7147                            30

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.
  (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.

A. 7147                            31

  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
 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

A. 7147                            32

 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
 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

A. 7147                            33

 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 K

  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
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.

A. 7147                            34

  S 2. This act shall take effect immediately.

                                 PART L

  Section  1. Paragraph 5 of subdivision 3 of section 73-a of the public
officers law is amended by adding a new  subparagraph  (c)  to  read  as
follows:
  (C)  IF  YOU ARE A MEMBER OF THE LEGISLATURE OR A CANDIDATE FOR MEMBER
OF THE LEGISLATURE, LIST EACH SOURCE AND THE AMOUNT OF INCOME THEREFROM,
IN EXCESS OF $1,000, (OTHER THAN FROM THE EMPLOYMENT LISTED UNDER  PARA-
GRAPH  2  ABOVE)  RECEIVED  DURING  THE  REPORTING PERIOD FOR WHICH THIS
STATEMENT IS FILED BY THE REPORTING  INDIVIDUAL  FROM  THE  PRACTICE  OF
EVERY  OCCUPATION, EMPLOYMENT, TRADE, BUSINESS AND PROFESSION ENGAGED IN
BY THE REPORTING INDIVIDUAL AND REPORTED IN  SUBPARAGRAPH  (A)  OF  THIS
PARAGRAPH.  INCLUDE,  NOTWITHSTANDING  THE EXISTENCE OF ANY PROFESSIONAL
EXEMPTION, THE NAME AND ADDRESS OF EACH SUCH SOURCE OF INCOME, THE  WORK
PERFORMED TO EARN SUCH INCOME AND THE AMOUNT OF SUCH INCOME.

NAME OF SOURCE      ADDRESS        WORK           AMOUNT OF
OF INCOME                          PERFORMED      INCOME

________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
  S 2. This act shall take effect January 1, 2016.
  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 L of this act shall be
as specifically set forth in the last section of such Parts.