NY State Senate Bill 2021-S6964A

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 22, 2022	recommit, enacting clause stricken
Jun 03, 2022	committed to rules
Jan 31, 2022	advanced to third reading
Jan 26, 2022	2nd report cal.
Jan 25, 2022	1st report cal.342
Jan 05, 2022	referred to ethics and internal governance returned to senate died in assembly
May 25, 2021	referred to governmental operations delivered to assembly passed senate
May 24, 2021	ordered to third reading cal.1317 committee discharged and committed to rules
May 21, 2021	print number 6964a
May 21, 2021	amend and recommit to ethics and internal governance
May 20, 2021	referred to ethics and internal governance

Votes

- May 25, 2021 - Floor Vote
  S6964A
  
  43
  
  Aye
  
  20
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 25, 2021
      
      aye (43)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (20)
      
      Akshar
      
      Borrello
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      Martucci
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  May 24, 2021 - Rules Committee Vote
  S6964A
  
  13
  
  Aye
  
  5
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 24, 2021
      
      aye (13)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      nay (5)
      
      Boyle
      
      Comrie
      
      O'Mara
      
      Ortt
      
      Ritchie
      
      aye wr (3)
      
      Gallivan
      
      Griffo
      
      Lanza
  Jan 25, 2022 - Ethics And Internal Governance Committee Vote
  S6964A
  
  5
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Ethics And Internal Governance Committee Vote: Jan 25, 2022
      
      aye (5)
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Kaminsky
      
      Stavisky
      
      nay (1)
      
      Lanza
      
      aye wr (1)
      
      Palumbo

Bill Amendments

Original

A (Active)

2021-S6964 - Details

Law Section:: Executive Law
Laws Affected:: Amd §94, Exec L

2021-S6964 - Summary

Removes certain requirements regarding investigations of JCOPE; modifies the composition of the voting majority upon the appointment and removal of the executive director of the joint commission on public ethics; provides for the appointment and removal of the executive director by a vote of a majority of the commission, regardless of political appointment; removes a rule that vacancies of the joint commission on public ethics with respect to a member of the commission first appointed pursuant to section 6 of part A of chapter 399 of the laws of 2011 by a legislative leader, the legislative leaders of the same political party in the same house shall appoint a member to fill such vacancy irrespective of whether that legislative leader's political party is in the majority or minority.

2021-S6964 - Sponsor Memo

                                 
BILL NUMBER: S6964

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the executive law, in relation to the joint commission
on public ethics; to amend the executive law, in relation to modifying
the composition of the voting majority upon the appointment and removal
of the executive director of the joint commission on public ethics; and
to amend the executive law, in relation to filling of vacancies on the
joint commission on public ethics

 
PURPOSE OR GENERAL IDEA OF BILL:

To remove the requirement that legislators, state employees, and state-
wide officials cannot be found guilty of ethical violations by JCOPE
without the votes of at least two members of their own political party;
ease the process for appointing an Executive Director; and allow JCOPE
members to be appointed according to the will of the voters.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 13 paragraph (a) section 94 the executive
law to remove the requirements that, in order to initiate ethical inves-
tigations or issue findings suggesting ethical violations occurred, two
members of JCOPE voting in favor of the action must also be members of
the suspected individual's own political party.

Section 2 amends subdivision 9 paragraph (a) of section 94 of the execu-
tive law to remove the partisan voting requirements for appointing an
executive director.

Section 3 amends the opening paragraph of subdivision 2 section 94 of
the executive law to remove the requirement that vacancies are filled by
the legislative leaders of the same party that filled them originally in
2011 regardless of which party has been elected to the majority by the
voters.

Section 4 sets the effective date.

 
JUSTIFICATION:

The Joint Commission on Public Ethics, the body tasked with overseeing
compliance with state ethics and lobbying laws, has long been criticized
as ineffective. While many of its flaws are structural in nature and
will require a constitutional amendment to address, this bill makes
several critical reforms to improve the functioning of JCOPE and make it
easier for the commission to pursue investigations and issue findings.

First, the bill removes the partisan voting requirement in order to
initiate an investigation or issue findings. Current law does not allow
the Joint Commission on Public Ethics(JCOPE) to launch an investigation,
or issue reports finding certain public employees guilty of ethical
misconduct without the supporting votes of two members of the suspected
individual's own political party. This bill removes that requirement and
would allow a simple majority vote to initiate an investigation or issue
findings.


Next, the bill eases the process for appointing an Executive Director.
JCOPE's Executive Director is tasked with overseeing and appointing
staff, drafting regulations, opinions, and advice, overseeing audits of
financial disclosure forms, and leading JCOPE investigations, among
other tasks. The position is integral to the functioning of JCOPE and
the oversight of ethics in New York State more broadly, but JCOPE was
without an Executive Director for almost two years until April, 2021.

In order to appoint or remove an Executive Director for JCOPE, one
member appointed by the Governor from each of the two major political
parties, and one member appointed by a legislative leader from each of
the two major parties must vote in favor, along with a majority of
members. This bill would allow a simple majority of JCOPE members to
vote in favor of appointing or removing an Executive Director, simplify-
ing the process.

Lastly, the bill would allow appointments to JCOPE to be made according
to the will of the voters. JCOPE's members are appointed by the Governor
and Legislative leaders of each party. Per the Executive Law, the Tempo-
rary President of the Senate appoints three members and the minority
leader appoints one. However, vacancies must be filed by the legislative
leader of the same party that first appointed the Commissioner in 2011.
As a result, the Republican party will always have three Senate appoint-
ments to JCOPE and the Democrats one, regardless of which party has been
elected to a majority of seats in the Senate by the voters. Similarly in
the Assembly, Democrats will always have three appointments to JCOPE,
regardless of which party is in the majority. This bill removes that
requirement, so appointments can be made according to the will of the
voters.

Together, these reforms will begin to improve the functioning of JCOPE
and further its goals of upholding ethics and integrity in New York
State government.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S6964 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6964
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 20, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Ethics and Internal Gover-
   nance
 
 AN ACT to amend the executive law, in relation to the  joint  commission
   on public ethics; to amend the executive law, in relation to modifying
   the  composition  of  the  voting  majority  upon  the appointment and
   removal of the executive director of the joint  commission  on  public
   ethics;  and  to  amend  the  executive law, in relation to filling of
   vacancies on 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.
                                                            LBD11632-01-1

 S. 6964                             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. 6964                             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.  Paragraph  (a)  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:
   (a) Appoint an executive director who shall act in accordance with the
 policies of the commission. The appointment and removal of the executive
 director  shall  be  made  solely by a vote of a majority of the commis-
 sion[, which majority shall include at least one member appointed by the
 governor from each of the two major political parties,  and  one  member
 appointed  by  a legislative leader from each of the two major political
 parties]. The commission may delegate authority to the executive  direc-
 tor to act in the name of the commission between meetings of the commis-
 sion  provided  such delegation is in writing, the specific powers to be
 delegated are enumerated, and the  commission  shall  not  delegate  any
 decisions  specified  in this section that require a vote of the commis-
 sion. The executive director shall be appointed without regard to  poli-
 tical  affiliation  and  solely  on  the basis of fitness to perform the
 duties assigned by this article, and shall be a  qualified,  independent
 professional.  The  commission  may  remove  the  executive director for
 neglect of duty, misconduct in office, violation of the  confidentiality
 restrictions  in  subdivision  nine-a  of  this section, or inability or
 failure to discharge the powers or duties of office, including the fail-
 ure to follow the lawful instructions of the commission;
   § 3. The opening paragraph of subdivision 2 of section 94 of the exec-
 utive law, as amended by section 6 of part A of chapter 399 of the  laws
 of 2011, is amended to read as follows:
   The  members  of  the  commission shall be appointed as follows: three
 members shall be appointed by the temporary  president  of  the  senate,
 three  members  shall  be  appointed by the speaker of the assembly, one
 member shall be appointed by the minority  leader  of  the  senate,  one
 member  shall  be  appointed by the minority leader of the assembly, and
 six members shall be appointed by the governor and the lieutenant gover-
 nor. [In the event that a vacancy arises with respect to a member of the
 commission first appointed pursuant to the chapter of the  laws  of  two
 thousand  eleven which amended this subdivision by a legislative leader,
 the legislative leaders of the same political party in  the  same  house
 shall appoint a member to fill such vacancy irrespective of whether that
 legislative leader's political party is in the majority or minority.] Of
 the  members  appointed  by the governor and the lieutenant governor, at
 least three members shall be and shall have  been  for  at  least  three
 years  enrolled members of the major political party in which the gover-
 nor is not enrolled. In the event of a vacancy in a position  previously
 appointed  by  the  governor  and  lieutenant governor, the governor and
 lieutenant governor shall appoint a member of the same  political  party
 as  the member that vacated that position. Prior to making their respec-
 tive appointments, the governor and  the  lieutenant  governor  and  the
 legislative  leaders  shall  solicit  and  receive  recommendations  for
 appointees from the attorney general and the comptroller of the state of
 New York, which recommendations shall be fully and  properly  considered
 but shall not be binding.
   § 4. This act shall take effect immediately.

co-Sponsors

2021-S6964A (ACTIVE) - Details

Law Section:: Executive Law
Laws Affected:: Amd §94, Exec L

2021-S6964A (ACTIVE) - Summary

2021-S6964A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6964A

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the executive law, in relation to the joint commission
on public ethics; to amend the executive law, in relation to modifying
the composition of the voting majority upon the appointment and removal
of the executive director of the joint commission on public ethics; and
to amend the executive law, in relation to filling of vacancies on the
joint commission on public ethics

 
PURPOSE OR GENERAL IDEA OF BILL:

To remove the requirement that legislators, state employees, and state-
wide officials cannot be found guilty of ethical violations by JCOPE
without the votes of at least two members of their own political party;
ease the process for appointing an Executive Director; and allow JCOPE
members to be appointed according to the will of the voters.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 13 paragraph (a) section 94 the executive
law to remove the requirements that, in order to initiate ethical inves-
tigations or issue findings suggesting ethical violations occurred, two
members of JCOPE voting in favor of the action must also be members of
the suspected individual's own political party.

Section 2 amends subdivision 9 paragraph (a) of section 94 of the execu-
tive law to remove the partisan voting requirements for appointing an
executive director.

Section 3 amends the opening paragraph of subdivision 2 section 94 of
the executive law to allow two appointments to JCOPE for the minority
and majority legislative leaders in the Assembly and Senate.

Section 4 sets the effective date.

 
JUSTIFICATION:

The Joint Commission on Public Ethics, the body tasked with overseeing
compliance with state ethics and lobbying laws, has long been criticized
as ineffective. While many of its flaws are structural in nature and
will require a constitutional amendment to address, this bill makes
several critical reforms to improve the functioning of JCOPE and make it
easier for the commission to pursue investigations and issue findings.

First, the bill removes the partisan voting requirement in order to
initiate an investigation or issue findings. Current law does not allow
the Joint Commission on Public Ethics(JCOPE) to launch an investigation,
or issue reports finding certain public employees guilty of ethical
misconduct without the supporting votes of two members of the suspected
individual's own political party. This bill removes that requirement and
would allow a simple majority vote to initiate an investigation or issue
findings.

Next, the bill eases the process for appointing an Executive Director.
JCOPE's Executive Director is tasked with overseeing and appointing
staff, drafting regulations, opinions, and advice, overseeing audits of
financial disclosure forms, and leading JCOPE investigations, among
other tasks. The position is integral to the functioning of JCOPE and
the oversight of ethics in New York State more broadly, but JCOPE was
without an Executive Director for almost two years until April, 2021.

In order to appoint or remove an Executive Director for JCOPE, one
member appointed by the Governor from each of the two major political
parties, and one member appointed by a legislative leader from each of
the two major parties must vote in favor, along with a majority of
members. This bill would allow a simple majority of JCOPE members to
vote in favor of appointing or removing an Executive Director, simplify-
ing the process.

Lastly, the bill would make JCOPE appointments by the legislature evenly
distributed between the majority and minority parties.  Currently,
JCOPE's members are appointed by the Governor and Legislative leaders of
each party. Per the Executive Law, the Temporary President of the Senate
appoints three members and the minority leader appoints one. However,
vacancies must be filed by the legislative leader of the same party that
first appointed the Commissioner in 2011. As a result, the Republican
party will always have three Senate appointments to JCOPE and the Demo-
crats one, regardless of which party has been elected to a majority of
seats in the Senate by the voters. Similarly in the Assembly, Democrats
will always have three appointments to JCOPE, regardless of which party
is in the majority. This bill provides equal appointments to the legis-
lative leaders in both the minority and majority in each house.

Together, these reforms will begin to improve the functioning of JCOPE
and further its goals of upholding ethics and integrity in New York
State government.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S6964A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6964--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 20, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Ethics and Internal Gover-
   nance -- 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; to amend the executive law, in relation to modifying
   the composition of  the  voting  majority  upon  the  appointment  and
   removal  of  the  executive director of the joint commission on public
   ethics; and to amend the executive law,  in  relation  to  filling  of
   vacancies on 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

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11632-02-1

 S. 6964--A                          2
 
 have  been  violated and provide the person with a fifteen day period in
 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

 S. 6964--A                          3

 state officer or employee who is not a direct appointee of  a  statewide
 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. Paragraph (a) 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:
   (a) Appoint an executive director who shall act in accordance with the
 policies of the commission. The appointment and removal of the executive
 director shall be made solely by a vote of a  majority  of  the  commis-
 sion[, which majority shall include at least one member appointed by the
 governor  from  each  of the two major political parties, and one member
 appointed by a legislative leader from each of the two  major  political
 parties].  The commission may delegate authority to the executive direc-
 tor to act in the name of the commission between meetings of the commis-
 sion provided such delegation is in writing, the specific powers  to  be
 delegated  are  enumerated,  and  the  commission shall not delegate any
 decisions specified in this section that require a vote of  the  commis-
 sion.  The executive director shall be appointed without regard to poli-
 tical affiliation and solely on the basis  of  fitness  to  perform  the
 duties  assigned  by this article, and shall be a qualified, independent
 professional. The commission  may  remove  the  executive  director  for
 neglect  of duty, misconduct in office, violation of the confidentiality
 restrictions in subdivision nine-a of  this  section,  or  inability  or
 failure to discharge the powers or duties of office, including the fail-
 ure to follow the lawful instructions of the commission;
   § 3. The opening paragraph of subdivision 2 of section 94 of the exec-
 utive  law, as amended by section 6 of part A of chapter 399 of the laws
 of 2011, is amended to read as follows:
   The members of the commission shall be appointed as follows:   [three]
 TWO members shall be appointed by the temporary president of the senate,
 [three]  TWO  members shall be appointed by the speaker of the assembly,
 [one member] TWO MEMBERS shall be appointed by the  minority  leader  of
 the  senate, [one member] TWO MEMBERS shall be appointed by the minority
 leader of the assembly, and six members shall be appointed by the gover-
 nor and the lieutenant governor. [In the event  that  a  vacancy  arises
 with  respect  to a member of the commission first appointed pursuant to
 the chapter of the laws of two thousand eleven which amended this subdi-
 vision by a legislative leader, the  legislative  leaders  of  the  same
 political  party  in  the same house shall appoint a member to fill such
 vacancy irrespective of  whether  that  legislative  leader's  political
 party  is  in the majority or minority.] Of the members appointed by the
 governor and the lieutenant governor, at least three  members  shall  be
 and  shall  have  been  for at least three years enrolled members of the
 major political party in which the governor  is  not  enrolled.  In  the
 event  of  a  vacancy in a position previously appointed by the governor
 and lieutenant governor, the  governor  and  lieutenant  governor  shall
 appoint  a member of the same political party as the member that vacated
 that position. Prior to making their respective appointments, the gover-
 nor and the lieutenant governor and the legislative leaders shall solic-
 it and receive recommendations for appointees from the attorney  general
 and  the  comptroller  of  the  state of New York, which recommendations
 shall be fully and properly considered but shall not be binding.
   § 4. This act shall take effect immediately.

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Senate Bill S6964A

Sponsored By

Archive: Last Bill Status - Stricken

May 25, 2021 - Floor Vote

Floor Vote: May 25, 2021

May 24, 2021 - Rules Committee Vote

Rules Committee Vote: May 24, 2021

Jan 25, 2022 - Ethics And Internal Governance Committee Vote

Ethics And Internal Governance Committee Vote: Jan 25, 2022

Bill Amendments

2021-S6964 - Details

2021-S6964 - Summary

2021-S6964 - Sponsor Memo

2021-S6964 - Bill Text download pdf

co-Sponsors

2021-S6964A (ACTIVE) - Details

2021-S6964A (ACTIVE) - Summary

2021-S6964A (ACTIVE) - Sponsor Memo

2021-S6964A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6964A

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Sponsored By

Alessandra Biaggi

Archive: Last Bill Status - Stricken

Bill Amendments

2021-S6964 - Details

2021-S6964 - Summary

2021-S6964 - Sponsor Memo

2021-S6964 - Bill Text download pdf

co-Sponsors

Brad Hoylman-Sigal

Rachel May

Jessica Ramos

2021-S6964A (ACTIVE) - Details

2021-S6964A (ACTIVE) - Summary

2021-S6964A (ACTIVE) - Sponsor Memo

2021-S6964A (ACTIVE) - Bill Text download pdf

Comments