S T A T E O F N E W Y O R K
________________________________________________________________________
6888
I N S E N A T E
March 3, 2016
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to the joint commission
on public ethics and the freedom of information law
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a) and (b) of subdivision 19 of section 94 of
the executive law, as amended by section 6 of part A of chapter 399 of
the laws of 2011, are amended and a new paragraph (a-1) is added to read
as follows:
(a) [Notwithstanding the provisions of article six of the public offi-
cers 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 seventy-three-a of the public offi-
cers law except information deleted pursuant to paragraph (h) of subdi-
vision nine of this section;
(2) notices of delinquency sent under subdivision twelve of this
section;
(3) notices of civil assessments imposed under this section 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;
(4) the terms of any settlement or compromise of a complaint or refer-
ral which includes a fine, penalty or other remedy;
(5) those required to be held or maintained publicly available pursu-
ant to article one-A of the legislative law; and
(6) substantial basis investigation reports issued by the commission
pursuant to subdivision fourteen-a or fourteen-b of this section. With
respect to reports concerning members of the legislature or legislative
employees or candidates for member of the legislature, the joint commis-
sion shall not publicly disclose or otherwise disseminate such reports
except in conformance with the requirements of paragraph (b) of subdivi-
sion nine of section eighty of the legislative law.] COMMISSION RECORDS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13985-01-6
S. 6888 2
CREATED AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOU-
SAND SIXTEEN WHICH AMENDED THIS PARAGRAPH SHALL BE AVAILABLE FOR PUBLIC
INSPECTION AND COPYING PURSUANT TO THE PROVISIONS OF ARTICLE SIX OF THE
PUBLIC OFFICERS LAW, EXCEPT THAT THE COMMISSION MAY ALSO DENY ACCESS TO
RECORDS OR PORTIONS THEREOF THAT RELATE TO REQUESTS FROM ANY PERSON OR
ENTITY, WHO IS SUBJECT TO THE JURISDICTION OF THE COMMISSION AND THE
REQUIREMENTS OF SECTIONS SEVENTY-THREE, SEVENTY-THREE-A OR SEVENTY-FOUR
OF THE PUBLIC OFFICERS LAW OR ARTICLE ONE-A OF THE LEGISLATIVE LAW OR
APPLICABLE REGULATIONS, FOR ADVICE AND GUIDANCE OR APPROVAL RELATING TO
SAID PROVISIONS.
(A-1) NOTWITHSTANDING THE PROVISIONS OF ARTICLE SIX OF THE PUBLIC
OFFICERS LAW, THE ONLY RECORDS OF THE COMMISSION CREATED BEFORE THE
CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN WHICH AMENDED THIS PARAGRAPH
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 SEVENTY-THREE-A OF THE PUBLIC OFFI-
CERS LAW EXCEPT THE CATEGORIES OF VALUE OR AMOUNT, WHICH SHALL REMAIN
CONFIDENTIAL, AND ANY OTHER ITEM OF INFORMATION DELETED PURSUANT TO
PARAGRAPH (H) OF SUBDIVISION NINE OF THIS SECTION;
(2) THE INFORMATION SET FORTH IN AN ANNUAL STATEMENT OF FINANCIAL
DISCLOSURE FILED PURSUANT TO SECTION SEVENTY-THREE-A OF THE PUBLIC OFFI-
CERS LAW EXCEPT INFORMATION DELETED PURSUANT TO PARAGRAPH (H) OF SUBDI-
VISION NINE OF THIS SECTION;
(3) NOTICES OF DELINQUENCY SENT UNDER SUBDIVISION TWELVE OF THIS
SECTION;
(4) NOTICES OF CIVIL ASSESSMENTS IMPOSED UNDER THIS SECTION 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;
(6) THOSE REQUIRED TO BE HELD OR MAINTAINED PUBLICLY AVAILABLE PURSU-
ANT TO ARTICLE ONE-A OF THE LEGISLATIVE LAW; AND
(7) SUBSTANTIAL BASIS INVESTIGATION REPORTS ISSUED BY THE COMMISSION
PURSUANT TO SUBDIVISION FOURTEEN-A OR FOURTEEN-B OF THIS SECTION. WITH
RESPECT TO REPORTS CONCERNING MEMBERS OF THE LEGISLATURE OR LEGISLATIVE
EMPLOYEES OR CANDIDATES FOR MEMBER OF THE LEGISLATURE, THE JOINT COMMIS-
SION SHALL NOT PUBLICLY DISCLOSE OR OTHERWISE DISSEMINATE SUCH REPORTS
EXCEPT IN CONFORMANCE WITH THE REQUIREMENTS OF PARAGRAPH (B) OF SUBDIVI-
SION NINE OF SECTION EIGHTY OF THE LEGISLATIVE LAW.
(b) [Notwithstanding the provisions of article seven of the public
officers law, no meeting or proceeding, including any such proceeding
contemplated under paragraph (h) or (i) of subdivision nine of this
section,] MEETINGS AND PROCEEDINGS of the commission shall be open to
the public[, except if expressly provided otherwise by the commission or
as is required by article one-A of the legislative law] PURSUANT TO
ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. NOTWITHSTANDING THE PROVISIONS
OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW, COMMISSIONERS MAY PARTIC-
IPATE IN A MEETING OR PROCEEDING OF THE COMMISSION, INCLUDING VOTING,
FROM A LOCATION NOT OPEN TO THE GENERAL PUBLIC TO CONDUCT THE BUSINESS
OF THE COMMISSION, SO LONG AS ONE OF THE LOCATIONS FROM WHICH THE MEET-
ING OR PROCEEDING IS BEING CONDUCTED COMPLIES WITH THE PROVISIONS OF
ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. SUCH PARTICIPATION SHALL COUNT
TOWARDS QUORUM.
S 2. This act shall take effect immediately.