S T A T E O F N E W Y O R K
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7085
2021-2022 Regular Sessions
I N A S S E M B L Y
April 21, 2021
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Introduced by M. of A. LAWLER -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the public officers law, the executive law and the
legislative law, in relation to requiring the disclosure of informa-
tion pertaining to book deals or contracts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 73 of the public officers law is amended by adding
a new subdivision 7-b to read as follows:
7-B. NO MEMBER OF THE LEGISLATURE, LEGISLATIVE EMPLOYEE, STATEWIDE
ELECTED OFFICIAL, OR STATE OFFICER OR EMPLOYEE SHALL ENTER INTO ANY DEAL
OR CONTRACT PERTAINING TO THE WRITING OR PUBLISHING OF ANY BOOK PRIOR TO
SUBMITTING AN APPLICATION TO THE JOINT COMMISSION ON PUBLIC ETHICS AND
RECEIVING UNANIMOUS APPROVAL OF SUCH APPLICATION FROM EACH COMMISSIONER
OF THE JOINT COMMISSION ON PUBLIC ETHICS.
§ 2. Paragraphs (m) and (n) of subdivision 9 of section 94 of the
executive law, paragraph (m) as amended and paragraph (n) as added by
section 6 of part A of chapter 399 of the laws of 2011, are amended and
two new paragraphs (o) and (p) are added to read as follows:
(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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10864-01-1
A. 7085 2
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 AN APPLICATION FOR USE BY MEMBERS OF THE LEGISLATURE,
LEGISLATIVE EMPLOYEES, STATEWIDE ELECTED OFFICIALS, OR STATE OFFICERS OR
EMPLOYEES, TO APPLY FOR APPROVAL TO ENTER INTO ANY DEAL OR CONTRACT
PERTAINING TO THE WRITING OR PUBLISHING OF ANY BOOK. SUCH APPLICATION
SHALL REQUIRE THE DEAL OR CONTRACT BE SUBMITTED TO THE COMMISSION IN ITS
ENTIRETY; AND
(P) REVIEW APPLICATIONS FOR APPROVAL TO ENTER INTO ANY DEAL OR
CONTRACT PERTAINING TO THE WRITING OR PUBLISHING OF ANY BOOK SUBMITTED
BY MEMBERS OF THE LEGISLATURE, LEGISLATIVE EMPLOYEES, STATEWIDE ELECTED
OFFICIALS, OR STATE OFFICERS OR EMPLOYEES AND THE DEALS OR CONTRACTS
SUBMITTED THEREWITH PURSUANT TO PARAGRAPH (O) OF THIS SUBDIVISION;
PROVIDED, HOWEVER THAT SUCH REVIEW SHALL BE COMPLETED BY THE COMMISSION-
ERS. APPROVAL OF ANY SUCH APPLICATION SHALL BE UNANIMOUS.
§ 3. Subparagraphs 5 and 6 of paragraph (a) 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 subparagraph 7 is
added to read as follows:
(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[.]; AND
(7) APPROVED APPLICATIONS TO ENTER INTO ANY DEAL OR CONTRACT PERTAIN-
ING TO THE WRITING OR PUBLISHING OF ANY BOOK, INCLUDING SUCH DEAL OR
CONTRACT IN ITS ENTIRETY.
§ 4. Paragraph (h) of subdivision 9 of section 94 of the executive
law, as amended by section 6 of part A of chapter 399 of the laws of
2011, is amended to read as follows:
(h) Permit any person who is required to file a financial disclosure
statement with the joint commission on public ethics to request that the
commission delete from the copy thereof made available for public
inspection and copying one or more items of information which may be
deleted by the commission upon a finding by the commission that the
information which would otherwise be required to be made available for
public inspection and copying will have no material bearing on the
discharge of the reporting person's official duties. SUCH REQUEST SHALL
NOT BE GRANTED FOR ANY PERSON SEEKING TO DELETE INFORMATION PERTAINING
TO THE TERMS OF ANY DEAL OR CONTRACT SUCH PERSON IS A PARTY TO PERTAIN-
ING TO THE WRITING OR PUBLISHING OF ANY BOOK, INCLUDING ANY REQUEST TO
DELETE THE DEAL OR CONTRACT IN ITS ENTIRETY. If [such] A request for
deletion OF ANY OTHER INFORMATION is denied, the commission, in its
notification of denial, shall inform the person of his or her right to
appeal the commission's determination pursuant to its rules governing
A. 7085 3
adjudicatory proceedings and appeals adopted pursuant to subdivision
fourteen of this section;
§ 5. Paragraph 13 of subdivision 3 of section 73-a of the public offi-
cers law, as amended by section 1 of part CC of chapter 56 of the laws
of 2015, is amended to read as follows:
13. List below the nature and amount of any income in EXCESS of $1,000
from EACH SOURCE for the reporting individual and such individual's
spouse for the taxable year last occurring prior to the date of
filing. Each such source must be described with particularity.
Nature of income includes, but is not limited to, all income (other
than that received from the employment listed under Item 2 above)
from compensated employment whether public or private, directorships
and other fiduciary positions, contractual arrangements, teaching
income, partnerships, honorariums, lecture fees, consultant fees,
bank and bond interest, dividends, income derived from a trust, real
estate rents, and recognized gains from the sale or exchange of real
or other property. IF SUCH INCOME IS FROM ANY DEAL OR CONTRACT
PERTAINING TO THE WRITING OR PUBLISHING OF ANY BOOK, SUCH DEAL OR
CONTRACT SHALL BE ATTACHED TO THIS FORM AND SUBMITTED IN ITS ENTIRE-
TY. Income from a business or profession and real estate rents shall
be reported with the source identified by the building address in
the case of real estate rents and otherwise by the name of the enti-
ty and not by the name of the individual customers, clients or
tenants, with the aggregate net income before taxes for each build-
ing address or entity. The receipt of maintenance received in
connection with a matrimonial action, alimony and child support
payments shall not be listed.
Self/ Category
Spouse Source Nature of Amount
(In Table I)
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§ 6. Subdivision 13 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:
13. Within one hundred twenty days of the effective date of this
subdivision, the commission shall create and thereafter maintain a
publicly accessible website which shall set forth the procedure for
filing a complaint with the joint commission on public ethics, and which
shall contain ALL INFORMATION PERTAINING TO A BOOK DEAL OR CONTRACT
DISCLOSED BY A MEMBER OF THE LEGISLATURE IN THE ANNUAL STATEMENT OF
FINANCIAL DISCLOSURE REQUIRED BY SECTION SEVENTY-THREE-A OF THE PUBLIC
OFFICERS LAW, INCLUDING THE DEAL OR CONTRACT IN ITS ENTIRETY, AND any
other records or information which the commission determines to be
appropriate.
§ 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.