S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5254--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to  the  Committee  on  Finance  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to amend the executive law, in relation to the joint commission
   on public ethics

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph (a) of subdivision 13, the opening paragraph of
 subdivision 14-a and subdivision 14-b of section  94  of  the  executive
 law,  paragraph  (a) of subdivision 13 as amended by section 1 of part J
 of chapter 286 of the laws of 2016, the opening paragraph of subdivision
 14-a and subdivision 14-b as added by section 6 of part A of chapter 399
 of the laws of 2011, are amended to read as follows:
   (a) Investigations. If  the  commission  receives  a  sworn  complaint
 alleging  a  violation  of  section  seventy-three,  seventy-three-a, or
 seventy-four of the public officers law, section one  hundred  seven  of
 the  civil  service  law  or  article  one-A of the legislative law by a
 person or entity subject to the jurisdiction of the commission including
 members of the legislature and legislative employees and candidates  for
 member  of  the  legislature,  or  if a reporting individual has filed a
 statement which reveals a possible violation of these provisions, or  if
 the  commission determines on its own initiative to investigate a possi-
 ble violation, the commission shall notify the  individual  in  writing,
 describe  the  possible  or  alleged  violation  of such laws, provide a
 description of the allegations against him or her and the  evidence,  if
 any,  supporting  such  allegations,  provided  however  that  the joint
 commission shall redact any information that might, in the  judgment  of
 the commission, be prejudicial to either the complainant or the investi-
 gation;  the  letter also shall set forth the sections of law alleged to
 have been violated and provide the person with a fifteen day  period  in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03009-02-1

 S. 5254--A                          2
 
 which  to submit a written response, including any evidence, statements,
 and proposed witnesses, setting forth information relating to the activ-
 ities cited as a possible or alleged violation of  law.  The  commission
 shall,  within  sixty  calendar  days after a complaint or a referral is
 received or an investigation is initiated on the commission's own initi-
 ative, vote on whether to commence a full investigation  of  the  matter
 under  consideration  to determine whether a substantial basis exists to
 conclude that a violation of law has occurred. The staff  of  the  joint
 commission  shall  provide to the members 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. Such inves-
 tigation shall be conducted if at least eight members of the  commission
 vote  to  authorize  it.  [Where  the subject of such investigation is a
 member of the legislature or a legislative employee or a  candidate  for
 member of the legislature, at least two of the eight or more members who
 so vote to authorize such an investigation must have been appointed by a
 legislative  leader  or  leaders from the major political party in which
 the subject of the proposed investigation is enrolled if such person  is
 enrolled  in a major political party. Where the subject of such investi-
 gation is a state officer or state employee, at least two of  the  eight
 or more members who so vote to authorize such an investigation must have
 been  appointed  by  the  governor  and  lieutenant  governor. Where the
 subject of such investigation is  a  statewide  elected  official  or  a
 direct  appointee of such an official, at least two of the eight or more
 members who so vote to authorize such an investigation  must  have  been
 appointed by the governor and lieutenant governor and be enrolled in the
 major political party in which the subject of the proposed investigation
 is enrolled, if such person is enrolled in a major political party].
   The  joint  commission  on  public  ethics  shall have jurisdiction to
 investigate, but shall have no jurisdiction  to  impose  penalties  upon
 members  of  or  candidates for member of the legislature or legislative
 employees for any violation of the public officers law.  If,  after  its
 substantial  basis  investigation,  by a vote of at least eight members,
 [two of whom are enrolled members of the investigated individual's poli-
 tical party if the individual is enrolled in a major political party and
 were appointed by a legislative leader of  such  political  party,]  the
 joint  commission  on  public  ethics  has  found a substantial basis to
 conclude that a member of the legislature or a legislative  employee  or
 candidate  for  member of the legislature has violated any provisions of
 such laws, it shall present a written report to the  legislative  ethics
 commission,  and  deliver  a copy of the report to the individual who is
 the subject of the report. Such written report shall include:
   14-b. With respect to the investigation of any individual who is not a
 member of the legislature or a legislative  employee  or  candidate  for
 member  of the legislature, if after its investigation the joint commis-
 sion has found a substantial basis to conclude that the  individual  has
 violated  the  public  officers  law  or  the legislative law, the joint
 commission shall send a substantial basis investigation report  contain-
 ing its findings of fact and conclusions of law to the individual. [With
 respect to an individual who is a statewide elected official or a direct
 appointee  of  such  an  official,  no violation may be found unless the
 majority voting in support of such  a  finding  includes  at  least  two
 members  appointed  by the governor and lieutenant governor and enrolled
 in the individual's major political party, if he or she is enrolled in a
 major political party. Where the subject  of  such  investigation  is  a
 state  officer  or employee who is not a direct appointee of a statewide

 S. 5254--A                          3

 elected official, at least two of the eight or more members who vote  to
 issue  a substantial basis investigation report must have been appointed
 by the governor and lieutenant governor.] The commission  shall  release
 such report publicly within forty-five days of its issuance.
   § 2. This act shall take effect immediately.