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

                                  7355

                            I N  S E N A T E

                             April 20, 2016
                               ___________

Introduced by Sens. CROCI, SERINO -- read twice and ordered printed, and
  when  printed  to  be committed to the Committee on Investigations and
  Government Operations

AN ACT to amend the public officers law, the  legislative  law  and  the
  executive  law,  in  relation to mandatory ethics training for certain
  officers and employees of the state; and to repeal subdivision  10  of
  section 94 of the executive law relating thereto

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

  Section 1. Article 4 of the public officers law is amended by adding a
new section 59 to read as follows:
  S 59. MANDATORY ETHICS TRAINING. 1. THE FOLLOWING PERSONS SHALL  ANNU-
ALLY  COMPLETE  THE  ETHICS TRAINING PROVIDED IN SUBDIVISION TWO OF THIS
SECTION:
  (A) EVERY EMPLOYEE OF A STATE AGENCY, AS DEFINED IN SUBDIVISION ONE OF
SECTION SEVENTY-FOUR OF THIS ARTICLE;
  (B) EVERY LEGISLATIVE EMPLOYEE,  AS  DEFINED  IN  SUBDIVISION  ONE  OF
SECTION SEVENTY-FOUR OF THIS ARTICLE;
  (C) EVERY EMPLOYEE OF THE DEPARTMENT OF LAW OR THE DEPARTMENT OF AUDIT
AND CONTROL;
  (D) ALL OFFICERS AND EMPLOYEES EMPLOYED IN THE EXECUTIVE CHAMBER;
  (E) EVERY MEMBER OF THE LEGISLATURE; AND
  (F) THE GOVERNOR, THE ATTORNEY GENERAL AND THE COMPTROLLER.
  2. (A) THE ETHICS TRAINING REQUIRED BY THIS SECTION SHALL INCLUDE, BUT
NOT BE LIMITED TO, INSTRUCTION ON THE REQUIREMENTS OF:
  (I) SECTION SEVENTY-THREE OF THIS ARTICLE;
  (II) SECTION SEVENTY-THREE-A OF THIS ARTICLE;
  (III) SECTION SEVENTY-FOUR OF THIS ARTICLE;
  (IV) SECTION SEVENTY-FOUR-A OF THIS ARTICLE;
  (V) SECTION SEVENTY-FIVE-A OF THIS ARTICLE;
  (VI) SECTION SEVENTY-SEVEN-A OF THIS ARTICLE;
  (VII) SECTION SEVENTY-EIGHT OF THIS ARTICLE;
  (XIII) SECTION SEVENTY-FIVE-B OF THE CIVIL SERVICE LAW; AND
  (IX) SECTION ONE HUNDRED SEVEN OF THE CIVIL SERVICE LAW.

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

                                                           LBD13785-03-6

S. 7355                             2

  (B)  IN ADDITION TO THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION,  LEGISLATIVE  EMPLOYEES  AND  MEMBERS  OF  THE  LEGISLATURE  SHALL
COMPLETE INSTRUCTION IN THE REQUIREMENTS OF:
  (I) SECTION SEVENTY-THREE-B OF THIS ARTICLE;
  (II) SECTION SEVENTY-FIVE OF THIS ARTICLE;
  (III) SECTION SEVENTY-SIX OF THIS ARTICLE; AND
  (IV) SECTION SEVENTY-SEVEN-A OF THIS ARTICLE.
  (C)  THE  TRAINING SHALL INCLUDE PRACTICAL APPLICATION OF THE MATERIAL
COVERED AND A PARTICIPATORY QUESTION AND ANSWER SEGMENT.    FURTHERMORE,
THE  COURSE  OF INSTRUCTION SHALL INCLUDE ANY CHANGES IN THE LAW, RULES,
REGULATIONS AND POLICIES RELATING TO THE REQUIRED COURSE  MATERIAL,  AND
THE INTERPRETATION THEREOF.
  3.  THE ANNUAL TRAINING REQUIRED BY THIS SECTION SHALL AT A MINIMUM BE
TWO HOURS IN DURATION.
  4. EVERY PERSON WHO IS SUBJECT  TO  THE  PROVISIONS  OF  THIS  SECTION
SHALL, UPON EACH COMPLETION OF TRAINING REQUIRED BY THIS SECTION, FILE A
STATEMENT CERTIFYING SUCH WITH THE JOINT COMMISSION ON PUBLIC ETHICS.
  5.  EVERY NEWLY HIRED EMPLOYEE, AND NEWLY ELECTED MEMBER OF THE LEGIS-
LATURE AND STATEWIDE OFFICIAL, WHO IS SUBJECT TO THE PROVISIONS OF  THIS
SECTION, SHALL COMPLETE AN ONLINE ETHICS ORIENTATION COURSE WITHIN THIR-
TY  DAYS OF BECOMING SUBJECT TO THE ANNUAL TRAINING REQUIREMENTS OF THIS
SECTION.
  S 2. Paragraphs i and k of subdivision 7 of section 80 of the legisla-
tive law, as amended by section 9 of part A of chapter 399 of  the  laws
of 2011, are amended to read as follows:
  i.  Upon  written request from any person who is subject to the juris-
diction of the commission and  the  requirements  of  sections  seventy-
three,  seventy-three-a  and  seventy-four  of  the public officers law,
render formal advisory opinions on the requirements of said  provisions.
A  formal  written  opinion rendered by the commission, until and unless
amended or revoked, shall be binding on the legislative  ethics  commis-
sion  in  any  subsequent proceeding concerning the person who requested
the opinion and who acted in good  faith,  unless  material  facts  were
omitted  or misstated by the person in the request for an opinion.  Such
opinion may also be relied upon by such person, and  may  be  introduced
and  shall  be  a  defense  in  any  criminal or civil action. The joint
commission on public ethics shall  not  investigate  an  individual  for
potential  violations  of law based upon conduct approved and covered in
its entirety by such an opinion, except  that  such  opinion  shall  not
prevent  or  preclude  an investigation of and report to the legislative
ethics commission concerning the conduct of the person who  obtained  it
by  the  joint  commission  on  public  ethics for violations of section
seventy-three, seventy-three-a or seventy-four of  the  public  officers
law  to determine whether the person accurately and fully represented to
the legislative ethics commission the facts relevant to the formal advi-
sory opinion and whether the person's conduct conformed to those factual
representations. The joint commission shall be authorized and shall have
jurisdiction to investigate potential violations of the law arising from
conduct outside of the scope of the terms of the advisory opinion; [and]
  k. Develop educational materials and ADMINISTER training  with  regard
to  legislative  ethics  for  members of the legislature and legislative
employees including an online ethics orientation course for  newly-hired
employees  and[,  as  requested by the senate or the assembly, materials
and training in relation to a comprehensive ethics training program] THE
MANDATORY ETHICS TRAINING, AS REQUIRED  BY  SECTION  FIFTY-NINE  OF  THE

S. 7355                             3

PUBLIC  OFFICERS  LAW,  FOR  MEMBERS  OF THE LEGISLATURE AND LEGISLATIVE
EMPLOYEES; and
  S  3. Paragraphs (b-1), (i-1), (m) and (n) of subdivision 9 of section
94 of the executive law, paragraphs (b-1), (i-1) and (n)  as  added  and
paragraph  (m)  as  amended by section 6 of part A of chapter 399 of the
laws of 2011, are amended and three new paragraphs (o), (p) and (q)  are
added to read as follows:
  (b-1)  Review and approve a staffing plan provided and prepared by the
executive director which shall contain, at a  minimum,  a  list  of  the
various  units  and divisions as well as the number of positions in each
unit, titles and their duties, and salaries,  as  well  as  the  various
qualifications  for  each position including, but not limited to, educa-
tion and prior experience for each position[.];
  (i-1) Permit any person required to file a financial disclosure state-
ment to request an exemption from any requirement to report the identity
of a client pursuant to question 8(b) in such statement  based  upon  an
exemption  set forth in that question. The reporting individual need not
seek an exemption to refrain from disclosing the identity of any  client
with  respect  to any matter he or she or his or her firm provided legal
representation to the client in  connection  with  an  investigation  or
prosecution  by  law  enforcement  authorities,  bankruptcy, or domestic
relations matters; in addition, clients or customers  receiving  medical
or  dental  services,  mental  health  services, residential real estate
brokering  services,  or  insurance  brokering  services  need  not   be
disclosed[.];
  (m)  Determine  a  question  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 requirements of such section; [and]
  (n) Promulgate guidelines for the commission to conduct a  program  of
random  reviews,  to  be carried out in the following manner: (i) annual
statements of financial disclosure shall be selected  for  review  in  a
manner  pursuant  to  which  the identity of any particular person whose
statement is selected is unknown to the commission and its  staff  prior
to  its selection; (ii) such review shall include a preliminary examina-
tion of the selected statement for internal  consistency,  a  comparison
with  other  records  maintained by the commission, including previously
filed statements and requests for advisory opinions, and examination  of
relevant  public  information;  (iii) upon completion of the preliminary
examination, the commission shall determine whether further  inquiry  is
warranted, whereupon it shall notify the reporting individual in writing
that  the  statement is under review, advise the reporting individual of
the specific areas of inquiry, and provide the reporting individual with
the opportunity to provide  any  relevant  information  related  to  the
specific areas of inquiry, and the opportunity to file amendments to the
selected  statement  on  forms  provided  by the commission; and (iv) if
thereafter sufficient cause exists, the commission shall take additional
actions, as appropriate and consistent with law[.];
  (O) DEVELOP EDUCATIONAL MATERIALS  AND  ADMINISTER  TRAINING  FOR  THE
MANDATORY  ETHICS TRAINING, REQUIRED BY SECTION FIFTY-NINE OF THE PUBLIC
OFFICERS LAW, FOR EMPLOYEES OF STATE AGENCIES,  OFFICERS  AND  EMPLOYEES
EMPLOYED IN THE EXECUTIVE CHAMBER, EMPLOYEES OF THE DEPARTMENT OF LAW OR
THE  DEPARTMENT OF AUDIT AND CONTROL, THE GOVERNOR, THE ATTORNEY GENERAL
AND THE COMPTROLLER;

S. 7355                             4

  (P) DEVELOP AND ADMINISTER AN ONLINE  ETHICS  ORIENTATION  COURSE  FOR
NEWLY  HIRED  EMPLOYEES  AND NEWLY ELECTED OFFICIALS, WHO ARE SUBJECT TO
THE PROVISIONS OF SECTION FIFTY-NINE OF THE PUBLIC OFFICERS LAW; AND
  (Q)  ON  AN  ANNUAL BASIS, IN COORDINATION WITH THE LEGISLATIVE ETHICS
COMMISSION,  DETERMINE  THE  STATUS  OF  COMPLIANCE  WITH  THE  TRAINING
REQUIREMENTS  OF  SECTION  FIFTY-NINE OF THE PUBLIC OFFICERS LAW BY EACH
OFFICER AND EMPLOYEE WHO IS SUBJECT TO THE PROVISIONS OF SUCH SECTION.
  S 4. Subdivision 10 of section 94 of the executive law is REPEALED.
  S 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Provided,  however,  that,  effective  imme-
diately,  any  and  all actions necessary to implement the provisions of
this act on its  effective  date  are  authorized  and  directed  to  be
completed on or before such date.