Assembly Bill A11733

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11733
 
                           I N  A S S E M B L Y
 
                            September 16, 2026
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Vanel) --
   read once and referred to the Committee on Governmental Operations
 
 AN ACT to amend the legislative law and the executive law,  in  relation
   to  limits  on outside earned income by members; and to repeal certain
   provisions of the legislative law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 5-b of the legislative law is REPEALED.
   §  2.  Paragraph  i  of subdivision 7 of section 80 of the legislative
 law, as amended by chapter 841 of the laws of 2022, is 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, [and
 section  five-b  of this chapter] 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 commission in any subsequent proceeding concern-
 ing 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 commission on ethics and lobbying in government  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 commission on ethics and  lobbying  in
 government  for  violations of section seventy-three, seventy-three-a or
 seventy-four of the public officers law [and section 5-b of  this  chap-
 ter] 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  commission  on  ethics and lobbying in government
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16362-01-6
 A. 11733                            2
 
 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
   §  3.  Paragraph (a) of subdivision 9 of section 80 of the legislative
 law, as amended by chapter 841 of the laws of 2022, is amended  to  read
 as follows:
   (a)  An  individual subject to the jurisdiction of the commission with
 respect to the imposition of penalties who knowingly  and  intentionally
 violates  the  provisions  of  subdivisions  two  through five-a, seven,
 eight, twelve, fourteen or  fifteen  of  section  seventy-three  of  the
 public  officers  law [or section five-b of this chapter] or a reporting
 individual who knowingly and wilfully fails to file an annual  statement
 of  financial  disclosure  or  who knowingly and wilfully with intent to
 deceive makes a false statement or gives information which such individ-
 ual knows to be false on such statement of  financial  disclosure  filed
 pursuant  to section seventy-three-a of the public officers law shall be
 subject to a civil penalty in an amount not  to  exceed  forty  thousand
 dollars and the value of any gift, compensation or benefit received as a
 result  of  such violation. Any such individual who knowingly and inten-
 tionally violates the provisions of paragraph a, b, c, d, e, g, or i  of
 subdivision  three  of  section  seventy-four of the public officers law
 shall be subject to a civil penalty in an amount not to exceed ten thou-
 sand dollars and the value of any gift, compensation or benefit received
 as a result of such violation. Assessment of a civil  penalty  hereunder
 shall  be  made by the commission with respect to persons subject to its
 jurisdiction. In assessing the amount  of  the  civil  penalties  to  be
 imposed, the commission shall consider the seriousness of the violation,
 the  amount  of gain to the individual and whether the individual previ-
 ously had any civil or  criminal  penalties  imposed  pursuant  to  this
 section,  and  any other factors the commission deems appropriate. For a
 violation of this section, other than for conduct  which  constitutes  a
 violation  of  subdivision twelve, fourteen or fifteen of section seven-
 ty-three or section seventy-four of the public officers law, the  legis-
 lative  ethics  commission  may,  in  lieu  of or in addition to a civil
 penalty, refer a violation to the appropriate prosecutor and  upon  such
 conviction,  but  only  after  such  referral,  such  violation shall be
 punishable as a class A misdemeanor. Where the commission  finds  suffi-
 cient cause, it shall refer such matter to the appropriate prosecutor. A
 civil penalty for false filing may not be imposed hereunder in the event
 a category of "value" or "amount" reported hereunder is incorrect unless
 such  reported  information  is falsely understated. Notwithstanding any
 other provision of law to the contrary, no other penalty, civil or crim-
 inal may be imposed for a failure to file, or for  a  false  filing,  of
 such  statement,  or  a violation of subdivision six of section seventy-
 three of the public officers law, except that the  appointing  authority
 may  impose disciplinary action as otherwise provided by law. The legis-
 lative ethics commission shall be deemed to  be  an  agency  within  the
 meaning  of  article three of the state administrative procedure act and
 shall adopt rules governing the conduct of adjudicatory proceedings  and
 appeals  taken pursuant to a proceeding commenced under article seventy-
 eight of the civil practice law and rules relating to the assessment  of
 the  civil  penalties  herein authorized. Such rules, which shall not be
 subject to the promulgation and hearing requirements of the state admin-
 istrative procedure act, shall provide for due process procedural  mech-
 anisms  substantially  similar  to those set forth in such article three
 but such mechanisms need not be identical in terms or scope.  Assessment
 A. 11733                            3
 
 of  a civil penalty shall be final unless modified, suspended or vacated
 within thirty days of imposition, with respect to the assessment of such
 penalty, or unless such denial of request is reversed within  such  time
 period,  and  upon  becoming  final  shall  be  subject to review at the
 instance of the affected reporting individuals in a proceeding commenced
 against the legislative ethics commission, pursuant to article  seventy-
 eight of the civil practice law and rules.
   §  4.  Paragraph  (a) of subdivision 10 of section 94 of the executive
 law, as amended by chapter 841 of the laws of 2022, is amended  to  read
 as follows:
   (a)  The  commission  shall  receive complaints and referrals alleging
 violations of section seventy-three, seventy-three-a or seventy-four  of
 the  public  officers  law,  article  one-A  [and section five-b] of the
 legislative law, or section one hundred seven of the civil service law.
   § 5. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after January 1, 2025.