Bill Text: NY A06014 | 2013-2014 | General Assembly | Introduced
Bill Title: Establishes the commission on official conduct to replace the commission on public integrity and the office of the state inspector general, and the former temporary commission of investigation.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2014-05-13 - held for consideration in governmental operations [A06014 Detail]
Download: New_York-2013-A06014-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6014
2013-2014 Regular Sessions
I N A S S E M B L Y
March 13, 2013
___________
Introduced by M. of A. GIGLIO, MONTESANO -- Multi-Sponsored by -- M. of
A. GOODELL, TENNEY -- read once and referred to the Committee on
Governmental Operations
AN ACT to establish the commission on official conduct, providing for
its powers, duties and functions, and providing for the transfer of
the functions, powers and duties of the commission on public integri-
ty, the office of the state inspector general and the former temporary
state commission of investigation to the commission on official
conduct; to amend the civil service law, the legislative law and the
racing, pari-mutuel wagering and breeding law, in relation to the
commission on public integrity; to amend the executive law and the
public authorities law, in relation to the state inspector general; to
amend the criminal procedure law, the executive law and the public
officers law, in relation to the former temporary state commission of
investigation; to repeal section 94 of the executive law relating to
the commission on public integrity; to repeal article 4-A of the exec-
utive law and subdivision 68 of section 2.10 of the criminal procedure
law relating to the office of the state inspector general; and to
repeal chapter 989 of the laws of 1958, relating to creating a tempo-
rary state commission of investigation, relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "commission on official conduct act".
3 S 2. Definitions. As used in this act, the following terms shall mean:
4 (a) "Commission" means the commission on official conduct established
5 by section three of this act.
6 (b) "Executive director" means the executive director of the commis-
7 sion, appointed pursuant to section four of this act.
8 (c) "Covered agency" means all executive branch agencies, departments,
9 divisions, officers, boards and commissions, public authorities (other
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07871-01-3
A. 6014 2
1 than multi-state or multi-national authorities) and public benefit
2 corporations, the heads of which are appointed by the governor, and
3 which do not have their own inspector general by statute.
4 S 3. Commission on official conduct; established. (a) There is hereby
5 established, as an independent state agency, the commission on official
6 conduct. The commission shall consist of 5 members appointed as follows:
7 (1) one member appointed by the chief judge of the court of appeals,
8 who shall serve as the chair of the commission;
9 (2) one member appointed by the presiding justice of the appellate
10 division in the first department;
11 (3) one member appointed by the presiding justice of the appellate
12 division in the second department;
13 (4) one member appointed by the presiding justice of the appellate
14 division in the third department; and
15 (5) one member appointed by the presiding justice of the appellate
16 division in the fourth department.
17 (b) Each member of the commission shall serve a term of 5 years
18 commencing on the first of January of the calendar year in which the
19 vacancy in such office occurs; provided, however, that for the members
20 initially appointed as members, the member appointed by the presiding
21 justice in the fourth department shall serve a term of 1 year, the
22 member appointed by the presiding justice in the second department shall
23 serve a term of 2 years, the member appointed by the presiding justice
24 in the third department shall serve a term of 3 years, the member
25 appointed by the presiding justice in the first department shall serve a
26 term of 4 years and the member appointed by the chief judge of the court
27 of appeals shall serve a term of 5 years.
28 Any vacancy occurring in the membership of the commission shall be
29 filled within 60 days of its occurrence in the same manner as the member
30 whose vacancy is being filled was appointed. A person appointed to fill
31 a vacancy occurring other than by expiration of a term of office shall
32 be appointed to the unexpired term of the member he or she replaces.
33 (c) Four members of the commission shall constitute a quorum, and the
34 commission shall have power to act by majority vote of the total number
35 of members of the commission without vacancy.
36 (d) The members of the commission shall receive no compensation for
37 their services, but shall be allowed their actual and necessary expenses
38 incurred in the performance of their duties pursuant to this act.
39 (e) Members of the commission may be removed by the chief judge of the
40 court of appeals for substantial neglect of duty, gross misconduct in
41 office, inability to discharge the powers and duties of office or
42 violation of the provisions of this act, after written notice and oppor-
43 tunity to be heard by the court of appeals.
44 S 4. Executive director and staff. (a) The commission shall appoint
45 and employ an executive director who shall serve a term of 6 years. Any
46 vacancy in the office of executive director shall be filled within 10
47 days of its occurrence. A person appointed to fill a vacancy in the
48 office of executive director occurring other than by expiration of a
49 term of office shall be appointed to the unexpired term of the executive
50 director he or she replaces.
51 (b) The executive director shall act in accordance with the policies,
52 rules and regulations of the commission. He or she shall act in the name
53 of the commission pursuant to the specific powers delegated by the
54 commission to the office of executive director.
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1 (c) The commission shall appoint and employ such other staff and
2 investigators as shall be necessary to carry out its powers and duties
3 pursuant to this act.
4 (d) The executive director, staff members and investigators may be
5 removed by the commission for substantial neglect of duty, gross miscon-
6 duct in office, inability to perform their duties or violation of the
7 provisions of this act, after written notice and opportunity to be
8 heard.
9 S 5. Powers and duties. The commission shall have the power and duty
10 to:
11 (a) fix the compensation of the executive director, staff members and
12 investigators;
13 (b) request and receive, and shall utilize and be provided with such
14 facilities, resources and data of any court, department, division,
15 board, bureau, commission or agency of the state or any political subdi-
16 vision thereof, or of any public authority or public benefit corpo-
17 ration, as it may reasonably request to properly carry out its powers
18 and duties pursuant to this act;
19 (c) adopt, amend and rescind rules and regulations to govern the
20 procedures of the commission and to implement the provisions of this
21 act;
22 (d) adopt, amend and rescind rules and regulations to assist appoint-
23 ing authorities in determining which persons hold policy-making posi-
24 tions for the purposes of section 73-a of the public officers law;
25 (e) make available forms for annual statements of financial disclosure
26 required to be filed pursuant to section 73-a of the public officers
27 law;
28 (f) review financial disclosure statements filed pursuant to section
29 73-a of the public officers law;
30 (g) receive and investigate complaints and referrals alleging
31 violations of section 73, 73-a or 74 of the public officers law, article
32 1-A of the legislative law, or section 107 of the civil service law;
33 (h) permit any person required to file a financial disclosure state-
34 ment pursuant to section 73-a of the public officers law to delete from
35 the copy thereof made available for public inspection such information
36 as shall be determined by the commission will have no material bearing
37 on the discharge of the reporting person's official duties;
38 (i) grant any person required to file a financial disclosure statement
39 pursuant to section 73-a of the public officers law, an additional peri-
40 od of time within which to file such statement due to justifiable cause
41 or undue hardship;
42 (j) permit any person required to file a financial disclosure state-
43 ment pursuant to section 73-a of the public officers law to delete such
44 information pertaining to such person's spouse or unemancipated children
45 as shall be found by the commission will have no material bearing on the
46 discharge of the reporting person's official duties;
47 (k) advise and assist any state agency in establishing rules and regu-
48 lations relating to possible conflicts between private interests and
49 official duties of present and former state officers and employees;
50 (l) permit any person who has not been determined by his or her
51 appointing authority to hold a policy-making position, but who is other-
52 wise required to file a financial disclosure statement, to be granted an
53 exemption from such filing requirement. The commission may grant such an
54 exemption where the public interest does not require disclosure and the
55 applicant's duties do not involve negotiation, authorization or approval
56 of:
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1 (1) contracts, leases, franchises, revocable consents, concessions,
2 variances, special permits or licenses as defined in section 73 of the
3 public officers law,
4 (2) the purchase, sale, rental or lease of real property, goods or
5 services, or a contract therefor,
6 (3) the obtaining of grants of money or loans, or
7 (4) the adoption or repeal of any rule or regulation having the force
8 and effect of law;
9 (m) determine questions common to a class or defined category of
10 persons or items of information required to be disclosed, where determi-
11 nation of the question will prevent undue repetition of requests for
12 exemption or deletion, or prevent undue complication in complying with
13 the provisions of this act;
14 (n) upon written request from a person subject to the requirements of
15 section 73, 73-a or 74 of the public officers law, render an advisory
16 opinion on the requirements of such provisions;
17 (o) promulgate rules concerning restrictions on outside activities and
18 limitations or the receipt of gifts and honoraria;
19 (p) conduct training programs, in cooperation with the governor's
20 office of employee relations, to provide instruction to persons subject
21 to its jurisdiction;
22 (q) administer and enforce all provisions of this act;
23 (r) conduct any investigation necessary to carry out the provisions of
24 this act;
25 (s) receive and investigate complaints from any source, or upon its
26 own initiative, concerning allegations of corruption, fraud, criminal
27 activity, conflicts of interest or abuse in any covered agency;
28 (t) inform the heads of covered agencies of such allegations and the
29 progress of investigations related thereto, unless special circumstances
30 require confidentiality;
31 (u) determine with respect to such allegations whether disciplinary
32 action, civil or criminal prosecution, or further investigation by an
33 appropriate federal, state or local agency is warranted, and to assist
34 in such investigations;
35 (v) prepare and release to the public written reports of such investi-
36 gations, as appropriate and to the extent permitted by law, subject to
37 redaction to protect the confidentiality of witnesses. The release of
38 all or portions of such reports may be deferred to protect the confiden-
39 tiality of ongoing investigations;
40 (w) review and examine periodically the policies and procedures of
41 covered agencies with regard to the prevention and detection of
42 corruption, fraud, criminal activity, conflicts of interest or abuse;
43 (x) recommend remedial acts to prevent or eliminate corruption, fraud,
44 criminal activity, conflicts of interest or abuse in covered agencies;
45 (y) establish programs for training state officers and employees
46 regarding the prevention and elimination of corruption, fraud, criminal
47 activity, conflicts of interest or abuse in covered agencies;
48 (z) subpoena and enforce the attendance of witnesses;
49 (aa) administer oaths or affirmations and examine witnesses under
50 oath;
51 (bb) require the production of any books and papers deemed relevant or
52 material to any investigation, examination or review;
53 (cc) examine and copy or remove documents or records of any kind
54 prepared, maintained or held by any covered agency;
55 (dd) require any officer or employee in a covered agency to answer
56 questions concerning any matter related to the performance of his or her
A. 6014 5
1 official duties. No statement or other evidence derived therefrom may be
2 used against such officer or employee in any subsequent criminal prose-
3 cution other than for perjury or contempt arising from such testimony.
4 The refusal of any officer or employee to answer questions shall be
5 cause for removal from office or employment, or other appropriate penal-
6 ty;
7 (ee) monitor the implementation by covered agencies of any recommenda-
8 tions made by the commission;
9 (ff) perform any other functions that are necessary or appropriate to
10 fulfill the provisions of this act;
11 (gg) conduct investigations in connection with:
12 (1) the faithful execution and enforcement of the laws of the state,
13 with particular reference but not limited to organized crime and racke-
14 teering,
15 (2) the conduct of public officers and public employees, and of offi-
16 cers and employees of public benefit corporations and public authori-
17 ties, and
18 (3) any matter concerning the public peace, public safety and public
19 justice;
20 (hh) at the direction of the governor, conduct investigations and
21 otherwise assist the governor in connection with:
22 (1) the removal of public officers by the governor,
23 (2) the making of recommendations by the governor to any other person
24 or body, with respect to the removal of public officers, and
25 (3) the making of recommendations by the governor to the legislature
26 with respect to changes in or additions to existing provisions of law
27 required for the more effective enforcement of the law;
28 (ii) at the direction or request of the governor or the head of any
29 department, board, bureau, commission or other agency of the state,
30 investigate the management or affairs of any such department, board,
31 bureau, commission or other agency;
32 (jj) upon the request of district attorneys and other law enforcement
33 officers, cooperate with, advise and assist them in the performance of
34 their official powers and duties;
35 (kk) cooperate with departments and officers of the United States
36 government in the investigation of violations of the federal laws within
37 this state;
38 (ll) examine into matters relating to law enforcement extending across
39 the boundaries of the state into other states, and may consult and
40 exchange information with officers and agencies of other states with
41 respect to law enforcement problems of mutual concern to this and other
42 states;
43 (mm) whenever it shall appear to the commission that there is cause
44 for the prosecution for a crime or for the removal of a public officer
45 for misconduct, refer the evidence of such crime or misconduct to the
46 officials authorized to conduct the prosecution or to remove the public
47 officer;
48 (nn) keep the public informed as to the operations of organized crime
49 and problems of law enforcement in the state; and
50 (oo) exercise any and all powers of the former commission on public
51 integrity and the former office of the state inspector general as they
52 existed immediately prior to the effective date of this act, and exer-
53 cise any and all powers of the former temporary state commission of
54 investigation as they existed on March 30, 2011.
55 S 6. Financial disclosure. (a) The commission shall inspect all finan-
56 cial disclosure statements filed with the commission to ascertain wheth-
A. 6014 6
1 er any person subject to the reporting requirements of section 73-a of
2 the public officers law has failed to file such a statement, has filed a
3 deficient statement or has filed a statement which reveals a possible
4 violation of section 73, 73-a or 74 of the public officers law.
5 (b) If a person required to file a financial disclosure statement with
6 the commission has failed to file a disclosure statement or has filed a
7 deficient statement, the commission shall notify the reporting person in
8 writing, state the failure to file or detail the deficiency, provide the
9 person with a fifteen day period to cure the deficiency, and advise the
10 person of the penalties for failure to comply with the reporting
11 requirements. Such notice shall be confidential. If the person fails to
12 make such filing or fails to cure the deficiency within the specified
13 time period, the commission shall send a notice of delinquency: (1) to
14 the reporting person; (2) in the case of a statewide elected official,
15 to the temporary president of the senate and the speaker of the assem-
16 bly; and (3) in the case of a state officer or employee, to the appoint-
17 ing authority for such person. Such notice of delinquency may be sent at
18 any time during the reporting person's service as a statewide elected
19 official, state officer or employee, political party chair or while a
20 candidate for statewide office, or within one year after termination of
21 such service or candidacy. The jurisdiction of the commission, when
22 acting pursuant to subdivision (d) of this section with respect to
23 financial disclosure, shall continue notwithstanding that the reporting
24 person separates from state service, or ceases to hold office as a
25 statewide elected official or political party chair, or ceases to be a
26 candidate, provided the commission notifies such person of the alleged
27 failure to file or deficient filing pursuant to this subdivision.
28 (c)(1) If the commission receives a sworn complaint alleging a
29 violation of section 73, 73-a or 74 of the public officers law, section
30 107 of the civil service law or article 1-A of the legislative law by a
31 person or entity subject to the jurisdiction of the commission, or if a
32 reporting individual has filed a statement which reveals a possible
33 violation of these provisions, or if the commission determines on its
34 own initiative to investigate a possible violation, the commission shall
35 notify the individual in writing, describe the possible or alleged
36 violation of such laws and provide the person with a fifteen day period
37 in which to submit a written response setting forth information relating
38 to the activities cited as a possible or alleged violation of law. If
39 the commission thereafter makes a determination that further inquiry is
40 justified, it shall give the individual an opportunity to be heard. The
41 commission shall also inform the individual of its rules regarding the
42 conduct of adjudicatory proceedings and appeals and the due process
43 procedural mechanisms available to such individual. If the commission
44 determines at any stage of the proceeding that there is no violation or
45 that any potential conflict of interest violation has been rectified, it
46 shall so advise the individual and the complainant, if any. All of the
47 foregoing proceedings shall be confidential.
48 (2) If the commission determines that there is reasonable cause to
49 believe that a violation has occurred, it shall send a notice of reason-
50 able cause: (i) to the reporting person; (ii) to the complainant if any;
51 (iii) in the case of a statewide elected official, to the temporary
52 president of the senate and the speaker of the assembly; and (iv) in the
53 case of a state officer or employee, to the appointing authority for
54 such person.
55 (3) The jurisdiction of the commission when acting pursuant to this
56 act shall continue notwithstanding that a statewide elected official or
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1 a state officer or employee separates from state service, or a political
2 party chair ceases to hold such office, or a candidate ceases to be a
3 candidate, or a lobbyist or client of a lobbyist ceases to act as such,
4 provided that the commission notifies such individual or entity of the
5 alleged violation of law pursuant to paragraph one of this subdivision
6 within one year from his or her separation from state service or his or
7 her termination of party service or candidacy, or from his, her or its
8 last report filed pursuant to article 1-A of the legislative law. Noth-
9 ing in this section shall serve to limit the jurisdiction of the commis-
10 sion in enforcement of subdivision 8 of section 73 of the public offi-
11 cers law.
12 (d) An individual subject to the jurisdiction of the commission who
13 knowingly and intentionally violates the provisions of subdivisions 2
14 through 5, 7, 8, 12 or 14 through 17 of section 73 of the public offi-
15 cers law, section 107 of the civil service law, or a reporting individ-
16 ual who knowingly and wilfully fails to file an annual statement of
17 financial disclosure or who knowingly and wilfully with intent to
18 deceive makes a false statement or fraudulent omission or gives informa-
19 tion which such individual knows to be false on such statement of finan-
20 cial disclosure filed pursuant to section 73-a of the public officers
21 law shall be subject to a civil penalty in an amount not to exceed
22 $40,000 and the value of any gift, compensation or benefit received as a
23 result of such violation. An individual who knowingly and intentionally
24 violates the provisions of paragraph b, c, d or i of subdivision 3 of
25 section 74 of the public officers law shall be subject to a civil penal-
26 ty in an amount not to exceed $10,000 and the value of any gift, compen-
27 sation or benefit received as a result of such violation. An individual
28 who knowingly and intentionally violates the provisions of paragraph a,
29 e or g of subdivision 3 of section 74 of the public officers law shall
30 be subject to a civil penalty in an amount not to exceed the value of
31 any gift, compensation or benefit received as a result of such
32 violation. An individual subject to the jurisdiction of the commission
33 who knowingly and willfully violates article 1-A of the legislative law
34 shall be subject to civil penalty as provided for in that article.
35 Assessment of a civil penalty pursuant to this section shall be made by
36 the commission with respect to persons subject to its jurisdiction. In
37 assessing the amount of the civil penalties to be imposed, the commis-
38 sion shall consider the seriousness of the violation, the amount of gain
39 to the individual and whether the individual previously had any civil or
40 criminal penalties imposed pursuant to this section, and any other
41 factors the commission deems appropriate. For a violation of this subdi-
42 vision, other than for conduct which constitutes a violation of section
43 107 of the civil service law, subdivisions 12 or 14 through 17 of
44 section 73 or section 74 of the public officers law or article 1-A of
45 the legislative law, the commission may, in lieu of a civil penalty,
46 refer a violation to the appropriate prosecutor and upon such
47 conviction, such violation shall be punishable as a class A misdemeanor.
48 A civil penalty for false filing may not be imposed pursuant to this
49 section in the event a category of "value" or "amount" reported pursuant
50 to this section is incorrect unless such reported information is falsely
51 understated. Notwithstanding any other provision of law to the contrary,
52 no other penalty, civil or criminal may be imposed for a failure to
53 file, or for a false filing, of such statement, or a violation of
54 section 73 of the public officers law, except that the appointing
55 authority may impose disciplinary action as otherwise provided by law.
56 The commission may refer violations of this section to the appointing
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1 authority for disciplinary action as otherwise provided by law. The
2 commission shall be deemed to be an agency within the meaning of article
3 3 of the state administrative procedure act and shall adopt rules
4 governing the conduct of adjudicatory proceedings and appeals taken
5 pursuant to a proceeding commenced under article 78 of the civil prac-
6 tice law and rules relating to the assessment of the civil penalties
7 authorized by this subdivision and commission denials of requests for
8 certain deletions or exemptions to be made from a financial disclosure
9 statement as authorized by this act. Such rules, which shall not be
10 subject to the approval requirements of the state administrative proce-
11 dure act, shall provide for due process procedural mechanisms substan-
12 tially similar to those set forth in article 3 of the state administra-
13 tive procedure act but such mechanisms need not be identical in terms or
14 scope. Assessment of a civil penalty or commission denial of such a
15 request shall be final unless modified, suspended or vacated within
16 thirty days of imposition, with respect to the assessment of such penal-
17 ty, or unless such denial of request is reversed within such time peri-
18 od, and upon becoming final shall be subject to review at the instance
19 of the affected reporting individuals in a proceeding commenced against
20 the commission, pursuant to article 78 of the civil practice law and
21 rules.
22 (e) If the commission has a reasonable basis to believe that any
23 person subject to the jurisdiction of the legislative ethics commission
24 may have violated any provisions of section 73 or 74 of the public offi-
25 cers law, it may refer such violation to the legislative ethics commis-
26 sion. The referral by the commission to the legislative ethics commis-
27 sion shall include any information relating thereto coming into the
28 custody or under the control of the commission at any time prior or
29 subsequent to the time of the referral.
30 (f) A copy of any notice of delinquency or notice of reasonable cause
31 sent pursuant to subdivisions (b) and (c) of this section shall be
32 included in the reporting person's file and be available for public
33 inspection and copying.
34 S 7. Website. Within one hundred twenty days of the effective date of
35 this section, the commission shall create and thereafter maintain a
36 publicly accessible website which shall set forth the procedure for
37 filing a complaint with the commission, and which shall contain the
38 documents identified in section eight of this act, other than financial
39 disclosure statements, and any other records or information which the
40 commission determines to be appropriate.
41 S 8. Public access to records. (a) Notwithstanding the provisions of
42 article 6 of the public officers law, the only records of the commission
43 which shall be available for public inspection and copying are:
44 (1) the information set forth in an annual statement of financial
45 disclosure filed pursuant to section 73-a of the public officers law
46 except the categories of value or amount, which shall remain confiden-
47 tial, and any other item of information deleted pursuant to this act;
48 (2) notices of delinquency sent under subdivision (b) of section six
49 of this act;
50 (3) notices of reasonable cause sent under paragraph two of subdivi-
51 sion (c) of section six of this act;
52 (4) notices of civil assessments imposed under this act which shall
53 include a description of the nature of the alleged wrongdoing, the
54 procedural history of the complaint, the findings and determinations
55 made by the commission, and any sanction imposed;
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1 (5) the terms of any settlement or compromise of a complaint or refer-
2 ral which includes a fine, penalty or other remedy; and
3 (6) those required to be held or maintained publicly available pursu-
4 ant to article 1-A of the legislative law.
5 (b) Pending any application for deletion or exemption to the commis-
6 sion, all information which is the subject or a part of the application
7 shall remain confidential. Upon an adverse determination by the commis-
8 sion, the reporting individual may request, and upon such request the
9 commission shall provide, that any information which is the subject or
10 part of the application remain confidential for a period of thirty days
11 following notice of such determination. In the event that the reporting
12 individual resigns his or her office and holds no other office subject
13 to the jurisdiction of the commission, the information shall not be made
14 public and shall be expunged in its entirety.
15 S 9. Responsibilities of covered agencies, state officers and employ-
16 ees. (a) Every state officer or employee in a covered agency shall
17 report promptly to the commission any information concerning corruption,
18 fraud, criminal activity, conflicts of interest or abuse by another
19 state officer or employee relating to his or her office or employment,
20 or by a person having business dealings with a covered agency relating
21 to those dealings. The knowing failure of any officer or employee to so
22 report shall be cause for removal from office or employment or other
23 appropriate penalty. Any officer or employee who acts pursuant to this
24 subdivision by reporting to the commission improper governmental action
25 as defined in section 75-b of the civil service law shall not be subject
26 to dismissal, discipline or other adverse personnel action.
27 (b) The head of any covered agency shall advise the governor within
28 ninety days of the issuance of a report by the commission as to the
29 remedial action that the agency has taken in response to any recommenda-
30 tion for such action contained in such report.
31 S 10. Confidentiality. Any person conducting or participating in any
32 examination or investigation who shall disclose to any person other than
33 the commission or an officer having the power to appoint one or more of
34 the commissioners the name of any witness examined, or any information
35 obtained or given upon such examination or investigation, except as
36 directed by the commission, shall be guilty of a misdemeanor.
37 S 11. Evidence to be impounded. Upon the application of the commis-
38 sion, the executive director or a duly authorized member of its staff,
39 the supreme court or a justice thereof may impound any exhibit marked in
40 evidence in any public or private hearing held in connection with an
41 investigation conducted by the commission, and may order such exhibit to
42 be retained by, or delivered to and placed in the custody of, the
43 commission. When so impounded such exhibit shall not be taken from the
44 custody of the commission, except upon further order of the court or a
45 justice thereof made upon five days notice to the commission or upon its
46 application or with its consent.
47 S 12. Immunity from prosecution. In any investigation or hearing
48 conducted by the commission pursuant to this act, relating to any crime
49 or offense with respect to which, by express provision of statute, a
50 competent authority is authorized to confer immunity; the commission may
51 confer immunity in accordance with the provisions of section 50.20 of
52 the criminal procedure law, but only after affording the attorney gener-
53 al and the appropriate district attorney the opportunity to be heard in
54 respect to any objections which they may have to the granting of such
55 immunity.
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1 S 13. Transfer of functions, powers and duties. All functions, powers,
2 duties and obligations of the former commission on public integrity and
3 the former office of the state inspector general are hereby transferred
4 to the commission.
5 S 14. Transfer of employees. (a) Upon transfer of the functions of the
6 former commission on public integrity and the former office of the state
7 inspector general to the commission, provisions shall be made for the
8 transfer to the commission of those employees of such former agencies
9 who were engaged in carrying out the functions transferred by this act
10 in accordance with section 70 of the civil service law or, where not
11 subject to the civil service law, the provisions of such section 70
12 shall be deemed applicable, except where the context clearly requires
13 otherwise. Any such employee who, at the time of such transfer, has a
14 temporary or provisional appointment shall be transferred subject to the
15 same right of removal, examination or termination as though such trans-
16 fer had not been made except to the extent such rights are modified by a
17 collective bargaining agreement. Employees holding permanent appoint-
18 ments in competitive class positions who are not transferred pursuant to
19 this section shall have their names entered upon an appropriate
20 preferred list for reinstatement pursuant to the civil service law.
21 (b) A transferred employee shall remain in the same collective
22 bargaining unit as was the case prior to his or her transfer; successor
23 employees to the positions held by such transferred employees shall,
24 consistent with the provisions of article 14 of the civil service law,
25 be included in the same unit as their predecessors. Employees other than
26 management or confidential persons (as defined in article 14 of the
27 civil service law), serving positions in newly created titles shall be
28 assigned to the appropriate bargaining unit. Nothing contained in this
29 section shall be construed to affect:
30 (1) the rights of employees pursuant to a collective bargaining agree-
31 ment;
32 (2) the representational relationships among employee organizations or
33 the bargaining relationships between the state and an employee organiza-
34 tion; or
35 (3) existing law with respect to an application to the public employ-
36 ment relations board, provided, however, that the merger of such negoti-
37 ating units of employees shall be effected only with the consent of the
38 recognized and certified representative of such units and of the depart-
39 ment of law.
40 S 15. Transfer of records. All books, papers and property of the
41 former commission on public integrity and the former office of the state
42 inspector general are to be delivered to the commission at such place
43 and time, and in such manner as the commission shall require.
44 S 16. Continuity of authority. For the purpose of succession to all
45 functions, powers, duties and obligations of the former commission on
46 public integrity and the former office of the state inspector general
47 transferred to and assumed by the commission, such commission shall
48 continue the operation thereof as if performed by such former agencies.
49 S 17. Completion of unfinished business. Any business or other matter
50 undertaken or commenced by the former commission on public integrity and
51 the former office of the state inspector general pertaining to or
52 connected with the functions, powers, duties and obligations transferred
53 and assigned to the commission and pending on the effective date of this
54 section shall be conducted and completed by the commission in the same
55 manner and under the same terms and conditions and with the same effect
56 as if conducted and completed by such former agencies.
A. 6014 11
1 S 18. Continuation of rules and regulations. All rules, regulations,
2 acts, orders, determinations and decisions of the former commission on
3 public integrity and the former office of the state inspector general in
4 force at the time of such transfer and assumption, shall continue in
5 force and effect as rules, regulations, acts, orders, determinations and
6 decisions of the commission until duly modified or abrogated.
7 S 19. Terms occurring in laws, contracts and other documents. Whenever
8 the former commission on public integrity or the former office of the
9 state inspector general is referred to or designated in any law,
10 contract or document pertaining to the functions, powers, obligations
11 and duties transferred and assigned pursuant to this act, such reference
12 or designation shall be deemed to refer to the commission.
13 S 20. Existing rights and remedies preserved. No existing right or
14 remedy of any character shall be lost, impaired or affected by reason of
15 any transfer or assignment pursuant to this act.
16 S 21. Pending actions or proceedings. No action or proceeding pending
17 upon the effective date of this section relating to the functions,
18 powers and duties of the former commission on public integrity and the
19 former office of the state inspector general transferred to the commis-
20 sion, brought by or against any such former agency, shall be affected by
21 any provision of this act, but the same may be prosecuted or defended in
22 the name of the commission. In all such actions and proceedings, the
23 commission, upon application to the court, shall be substituted as a
24 party.
25 S 22. Transfer of appropriations heretofore made. Subject to the
26 approval of the director of the division of the budget, all appropri-
27 ations and reappropriations heretofore made to the former commission on
28 public integrity and the former office of the state inspector general
29 for the purposes and functions transferred pursuant to this act to the
30 commission, to the extent of remaining unexpended or unencumbered
31 balance thereof, whether allocated or unallocated, and whether obligated
32 or unobligated, are hereby transferred to and made available for use and
33 expenditure by the commission for the same purposes for which originally
34 appropriated or reappropriated and shall be payable on vouchers certi-
35 fied or approved by the executive director on audit and warrant of the
36 comptroller. Payments for liabilities for expenses of personal services,
37 maintenance and operation heretofore incurred by and for liabilities
38 incurred and to be incurred in completing the affairs of the former
39 commission on public integrity and the former office of the state
40 inspector general with respect to the powers, duties and functions
41 transferred in this act, shall also be made on vouchers or certificates
42 approved by the executive director on audit and warrant of the comp-
43 troller.
44 S 23. Transfer of assets and liabilities. All assets and liabilities
45 of the former commission on public integrity and the former office of
46 the state inspector general are hereby transferred to and assumed by the
47 commission.
48 S 24. The commission is hereby directed to immediately take any and
49 all actions necessary to enable it to assume all powers, duties and
50 functions of the former commission on public integrity, the former
51 office of the state inspector general and the former temporary state
52 commission of investigation within 90 days of the effective date of this
53 act.
54 S 25. Subdivision 5 of section 107 of the civil service law, as
55 amended by chapter 14 of the laws of 2007, is amended to read as
56 follows:
A. 6014 12
1 5. Violation of this section. Complaints alleging a violation of this
2 section by a statewide elected official or a state officer or employee,
3 as defined in section seventy-three of the public officers law, may be
4 directed to the commission on [public integrity] OFFICIAL CONDUCT.
5 S 26. Section 94 of the executive law is REPEALED.
6 S 27. Subdivision (f) of section 1-c of the legislative law, as
7 amended by chapter 14 of the laws of 2007, is amended to read as
8 follows:
9 (f) The term "commission" shall mean the commission on [public integ-
10 rity created by section ninety-four of the executive law] OFFICIAL
11 CONDUCT.
12 S 28. Subdivision 3 of section 212 of the racing, pari-mutuel wagering
13 and breeding law, as amended by chapter 18 of the laws of 2008, is
14 amended to read as follows:
15 3. Such members, except as otherwise provided by law, may engage in
16 private or public employment, or in a profession or business. The board,
17 its members, officers and employees shall be subject to the provisions
18 of sections seventy-three and seventy-four of the public officers law.
19 No former trustee or officer of a non-profit racing association known as
20 The New York Racing Association, Inc. or its predecessor, no current
21 director or officer of a franchised corporation or any individual regis-
22 tered with the [New York] commission on [public integrity] OFFICIAL
23 CONDUCT shall be appointed as members to the board nor shall any member
24 of the board have any direct or indirect interest in any racehorse,
25 thoroughbred racing or pari-mutuel wagering business, video lottery
26 terminal facility or any development at any racing facility.
27 S 29. Article 4-A of the executive law is REPEALED.
28 S 30. Subdivision 3 of section 63 of the executive law, as amended by
29 chapter 155 of the laws of 2012, is amended to read as follows:
30 3. Upon request of the governor, comptroller, secretary of state,
31 commissioner of transportation, superintendent of financial services,
32 commissioner of taxation and finance, commissioner of motor vehicles, or
33 the [state inspector general] COMMISSION ON OFFICIAL CONDUCT, or the
34 head of any other department, authority, division or agency of the
35 state, investigate the alleged commission of any indictable offense or
36 offenses in violation of the law which the officer making the request is
37 especially required to execute or in relation to any matters connected
38 with such department, and to prosecute the person or persons believed to
39 have committed the same and any crime or offense arising out of such
40 investigation or prosecution or both, including but not limited to
41 appearing before and presenting all such matters to a grand jury.
42 S 31. Section 2350-dd of the public authorities law, as added by chap-
43 ter 762 of the laws of 2005, is amended to read as follows:
44 S 2350-dd. Jurisdiction of [state inspector general] COMMISSION ON
45 OFFICIAL CONDUCT. The agency is subject to the jurisdiction of the
46 [office of the state inspector general] COMMISSION ON OFFICIAL CONDUCT.
47 S 32. Subdivision 3 of section 2.10 of the criminal procedure law, as
48 added by chapter 843 of the laws of 1980, is amended to read as follows:
49 3. [Investigators] THE EXECUTIVE DIRECTOR AND INVESTIGATORS of the
50 [office of the state] commission [of investigation] ON OFFICIAL CONDUCT.
51 S 33. Subdivision 68 of section 2.10 of the criminal procedure law, as
52 added by chapter 168 of the laws of 2000, is REPEALED.
53 S 34. Subdivision 3 of section 70-a of the executive law, as added by
54 chapter 1003 of the laws of 1970, is amended to read as follows:
55 3. The deputy attorney general in charge of the organized crime task
56 force may request and shall receive from the division of state police,
A. 6014 13
1 the state department of taxation and finance, the state department of
2 labor, the [temporary state] commission [of investigation] ON OFFICIAL
3 CONDUCT, and from every department, division, board, bureau, commission
4 or other agency of the state, or of any political subdivision thereof,
5 cooperation and assistance in the performance of his duties. Such deputy
6 attorney general may provide technical and other assistance to any
7 district attorney or other local law enforcement official requesting
8 such assistance in the investigation or prosecution of organized crime
9 cases.
10 S 35. Subdivision 9 of section 835 of the executive law, as separately
11 amended by chapters 14 and 155 of the laws of 2012, is amended to read
12 as follows:
13 9. "Qualified agencies" means courts in the unified court system, the
14 administrative board of the judicial conference, probation departments,
15 sheriffs' offices, district attorneys' offices, the state department of
16 corrections and community supervision, the department of correction of
17 any municipality, the financial frauds and consumer protection unit of
18 the state department of financial services, the office of professional
19 medical conduct of the state department of health for the purposes of
20 section two hundred thirty of the public health law, the child protec-
21 tive services unit of a local social services district when conducting
22 an investigation pursuant to subdivision six of section four hundred
23 twenty-four of the social services law, the office of Medicaid inspector
24 general, the [temporary state] commission [of investigation] ON OFFICIAL
25 CONDUCT, police forces and departments having responsibility for
26 enforcement of the general criminal laws of the state, the Onondaga
27 County Center for Forensic Sciences Laboratory when acting within the
28 scope of its law enforcement duties and the division of forensic
29 services of the Nassau county medical examiner's office when acting
30 within the scope of its law enforcement duties.
31 S 36. Subdivision 8 of section 92 of the public officers law, as
32 amended by section 135 of subpart B of part C of chapter 62 of the laws
33 of 2011, is amended to read as follows:
34 (8) Public safety agency record. The term "public safety agency
35 record" means a record of the state commission of correction, the
36 [temporary state] commission [of investigation] ON OFFICIAL CONDUCT, the
37 department of corrections and community supervision, the office of chil-
38 dren and family services, the office of victim services, the office of
39 probation and correctional alternatives or the division of state police
40 or of any agency or component thereof whose primary function is the
41 enforcement of civil or criminal statutes if such record pertains to
42 investigation, law enforcement, confinement of persons in correctional
43 facilities or supervision of persons pursuant to criminal conviction or
44 court order, and any records maintained by the division of criminal
45 justice services pursuant to sections eight hundred thirty-seven, eight
46 hundred thirty-seven-a, eight hundred thirty-seven-b, eight hundred
47 thirty-seven-c, eight hundred thirty-eight, eight hundred thirty-nine,
48 and eight hundred forty-five of the executive law and by the department
49 of state pursuant to section ninety-nine of the executive law.
50 S 37. Chapter 989 of the laws of 1958, creating a temporary state
51 commission of investigation, is REPEALED.
52 S 38. Paragraph (b) of subdivision 9 of section 80 of the legislative
53 law, as added by section 9 of part A of chapter 399 of the laws of 2011,
54 is amended to read as follows:
55 (b) Not later than forty-five calendar days after receipt from the
56 joint commission on public ethics of a written substantial basis inves-
A. 6014 14
1 tigation report and any supporting documentation or other materials
2 regarding a matter before the commission [pursuant to subdivision four-
3 teen-a of section ninety-four of the executive law], unless requested by
4 a law enforcement agency to suspend the commission's action because of
5 an ongoing criminal investigation, the legislative ethics commission
6 shall make public such report in its entirety; provided, however, that
7 the commission may withhold such information for not more than one addi-
8 tional period of the same duration or refer the matter back to the joint
9 commission on public ethics once for additional investigation, in which
10 case the legislative ethics commission shall, upon the termination of
11 such additional period or upon receipt of a new report by the joint
12 commission on public ethics after such additional investigation, make
13 public the written report and publish it on the commission's website. If
14 the legislative ethics commission fails to make public the written
15 report received from the joint commission in accordance with this para-
16 graph, the joint commission shall release such report publicly promptly
17 and in any event no later than ten days after the legislative ethics
18 commission is required to release such report. The legislative ethics
19 commission shall not refer the matter back to the joint commission on
20 public ethics for additional investigation more than once. If the
21 commission refers the matter back to the joint commission for additional
22 fact-finding, the joint commission's original report shall remain confi-
23 dential.
24 S 39. Subparagraph 1 of paragraph a of subdivision 12 of section 80 of
25 the legislative law, as amended by section 9 of part A of chapter 399 of
26 the laws of 2011, is amended to read as follows:
27 (1) the terms of any settlement or compromise of a complaint or refer-
28 ral or report which includes a fine, penalty or other remedy reached
29 after the commission has received a report from the joint commission on
30 public ethics [pursuant to subdivision fourteen-a of section ninety-four
31 of the executive law];
32 S 40. Subparagraphs (ii) and (iii) of paragraph (c) and paragraph
33 (d-1) of subdivision 1 of section 73-a of the public officers law,
34 subparagraphs (ii) and (iii) of paragraph (c) as amended and paragraph
35 (d-1) as added by section 5 of part A of chapter 399 of the laws of
36 2011, are amended to read as follows:
37 (ii) officers and employees of statewide elected officials, officers
38 and employees of state departments, boards, bureaus, divisions, commis-
39 sions, councils or other state agencies, who receive annual compensation
40 in excess of the filing rate established by paragraph (l) of this subdi-
41 vision or who hold policy-making positions, as annually determined by
42 the appointing authority and set forth in a written instrument which
43 shall be filed with the joint commission on public ethics [established
44 by section ninety-four of the executive law] during the month of Febru-
45 ary, provided, however, that the appointing authority shall amend such
46 written instrument after such date within thirty days after the under-
47 taking of policy-making responsibilities by a new employee or any other
48 employee whose name did not appear on the most recent written instru-
49 ment; and
50 (iii) members or directors of public authorities, other than multi-
51 state authorities, public benefit corporations and commissions at least
52 one of whose members is appointed by the governor, and employees of such
53 authorities, corporations and commissions who receive annual compen-
54 sation in excess of the filing rate established by paragraph (l) of this
55 subdivision or who hold policy-making positions, as determined annually
56 by the appointing authority and set forth in a written instrument which
A. 6014 15
1 shall be filed with the joint commission on public ethics [established
2 by section ninety-four of the executive law] during the month of Febru-
3 ary, provided, however, that the appointing authority shall amend such
4 written instrument after such date within thirty days after the under-
5 taking of policy-making responsibilities by a new employee or any other
6 employee whose name did not appear on the most recent written instru-
7 ment.
8 (d-1) A financial disclosure statement required pursuant to section
9 seventy-three of this article and this section shall be deemed "filed"
10 with the joint commission on public ethics upon its filing, in accord-
11 ance with this section, with the legislative ethics commission for all
12 purposes including, but not limited to, [subdivision fourteen of section
13 ninety-four of the executive law,] subdivision nine of section eighty of
14 the legislative law and subdivision four of this section.
15 S 41. Subparagraph (ii) of paragraph (a) and paragraph (c) of subdivi-
16 sion 2 of section 73-a of the public officers law, as amended by section
17 5 of part A of chapter 399 of the laws of 2011, are amended to read as
18 follows:
19 (ii) a person who is required to file an annual financial disclosure
20 statement with the joint commission on public ethics, and who is granted
21 an additional period of time within which to file such statement due to
22 justifiable cause or undue hardship[, in accordance with required rules
23 and regulations on the subject adopted pursuant to paragraph c of subdi-
24 vision nine of section ninety-four of the executive law] shall file such
25 statement within the additional period of time granted; and the legisla-
26 tive ethics commission shall notify the joint commission on public
27 ethics of any extension granted pursuant to this paragraph;
28 (c) If the reporting individual is a senator or member of assembly,
29 candidate for the senate or member of assembly or a legislative employ-
30 ee, such statement shall be filed with both the legislative ethics
31 commission established by section eighty of the legislative law and the
32 joint commission on public ethics in accordance with paragraph (d-1) of
33 subdivision one of this section. If the reporting individual is a state-
34 wide elected official, candidate for statewide elected office, a state
35 officer or employee or a political party chairman, such statement shall
36 be filed with the joint commission on public ethics [established by
37 section ninety-four of the executive law].
38 S 42. Paragraph 8 of subdivision 3 and subdivision 4 of section 73-a
39 of the public officers law, as amended by section 5 of part A of chapter
40 399 of the laws of 2011, are amended to read as follows:
41 8. (a) If the reporting individual practices law, is licensed by the
42 department of state as a real estate broker or agent or practices a
43 profession licensed by the department of education, or works as a
44 member or employee of a firm required to register pursuant to
45 section one-e of the legislative law as a lobbyist, give a general
46 description of the principal subject areas of matters undertaken by
47 such individual. Additionally, if such an individual practices with
48 a firm or corporation and is a partner or shareholder of the firm or
49 corporation, give a general description of principal subject areas
50 of matters undertaken by such firm or corporation.
51 ____________________________________________________________________
52 ____________________________________________________________________
53 ____________________________________________________________________
54 ____________________________________________________________________
55 ____________________________________________________________________
A. 6014 16
1 (b) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
2 PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE, OR FOR NEW MATTERS
3 FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT
4 ARE PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE:
5 If the reporting individual personally provides services to any person
6 or entity, or works as a member or employee of a partnership or corpo-
7 ration that provides such services (referred to hereinafter as a
8 "firm"), then identify each client or customer to whom the reporting
9 individual personally provided services, or who was referred to the firm
10 by the reporting individual, and from whom the reporting individual or
11 his or her firm earned fees in excess of $10,000 during the reporting
12 period for such services rendered in direct connection with:
13 (i) A proposed bill or resolution in the senate or assembly during the
14 reporting period;
15 (ii) A contract in an amount totaling $50,000 or more from the state
16 or any state agency for services, materials, or property;
17 (iii) A grant of $25,000 or more from the state or any state agency
18 during the reporting period;
19 (iv) A grant obtained through a legislative initiative during the
20 reporting period; or
21 (v) A case, proceeding, application or other matter that is not a
22 ministerial matter before a state agency during the reporting period.
23 For purposes of this question, "referred to the firm" shall mean:
24 having intentionally and knowingly taken a specific act or series of
25 acts to intentionally procure for the reporting individual's firm or
26 knowingly solicit or direct to the reporting individual's firm in whole
27 or substantial part, a person or entity that becomes a client of that
28 firm for the purposes of representation for a matter as defined in
29 subparagraphs (i) through (v) of this paragraph, as the result of such
30 procurement, solicitation or direction of the reporting individual. A
31 reporting individual need not disclose activities performed while
32 lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi-
33 sion seven of section seventy-three of this article.
34 The disclosure requirement in this question shall not require disclo-
35 sure of clients or customers receiving medical or dental services,
36 mental health services, residential real estate brokering services, or
37 insurance brokering services from the reporting individual or his or her
38 firm. The reporting individual need not identify any client to whom he
39 or she or his or her firm provided legal representation with respect to
40 investigation or prosecution by law enforcement authorities, bankruptcy,
41 or domestic relations matters. With respect to clients represented in
42 other matters, where disclosure of a client's identity is likely to
43 cause harm, the reporting individual shall request an exemption from the
44 joint commission [pursuant to paragraph (i) of subdivision nine of
45 section ninety-four of the executive law]. Only a reporting individual
46 who first enters public office after July first, two thousand twelve,
47 need not report clients or customers with respect to matters for which
48 the reporting individual or his or her firm was retained prior to enter-
49 ing public office.
50 Client Nature of Services Provided
51 ________________________________________________________________________
52 ________________________________________________________________________
53 ________________________________________________________________________
54 ________________________________________________________________________
55 ________________________________________________________________________
56 (c) List the name, principal address and general description or the
A. 6014 17
1 nature of the business activity of any entity in which the reporting
2 individual or such individual's spouse had an investment in excess of
3 $1,000 excluding investments in securities and interests in real proper-
4 ty.
5 ____________________________________________________________________
6 ____________________________________________________________________
7 ____________________________________________________________________
8 ____________________________________________________________________
9 ____________________________________________________________________
10 4. A reporting individual who knowingly and wilfully fails to file an
11 annual statement of financial disclosure or who knowingly and wilfully
12 with intent to deceive makes a false statement or gives information
13 which such individual knows to be false on such statement of financial
14 disclosure filed pursuant to this section shall be subject to a civil
15 penalty in an amount not to exceed forty thousand dollars. Assessment of
16 a civil penalty hereunder shall be made by the joint commission on
17 public ethics or by the legislative ethics commission, as the case may
18 be, with respect to persons subject to their respective jurisdictions.
19 The joint commission on public ethics [acting pursuant to subdivision
20 fourteen of section ninety-four of the executive law] or the legislative
21 ethics commission acting pursuant to subdivision eleven of section
22 eighty of the legislative law, as the case may be, may, in lieu of or in
23 addition to a civil penalty, refer a violation to the appropriate prose-
24 cutor and upon such conviction, but only after such referral, such
25 violation shall be punishable as a class A misdemeanor. A civil penalty
26 for false filing may not be imposed hereunder in the event a category of
27 "value" or "amount" reported hereunder is incorrect unless such reported
28 information is falsely understated. Notwithstanding any other provision
29 of law to the contrary, no other penalty, civil or criminal may be
30 imposed for a failure to file, or for a false filing, of such statement,
31 except that the appointing authority may impose disciplinary action as
32 otherwise provided by law. The joint commission on public ethics and the
33 legislative ethics commission shall each be deemed to be an agency with-
34 in the meaning of article three of the state administrative procedure
35 act and shall adopt rules governing the conduct of adjudicatory
36 proceedings and appeals relating to the assessment of the civil penal-
37 ties herein authorized. Such rules, which shall not be subject to the
38 approval requirements of the state administrative procedure act, shall
39 provide for due process procedural mechanisms substantially similar to
40 those set forth in such article three but such mechanisms need not be
41 identical in terms or scope. Assessment of a civil penalty shall be
42 final unless modified, suspended or vacated within thirty days of impo-
43 sition and upon becoming final shall be subject to review at the
44 instance of the affected reporting individual in a proceeding commenced
45 against the joint commission on public ethics or the legislative ethics
46 commission, pursuant to article seventy-eight of the civil practice law
47 and rules.
48 S 43. The opening paragraph of section 1-d of the legislative law, as
49 amended by chapter 14 of the laws of 2007, is amended to read as
50 follows:
51 In addition to any other powers and duties [provided by section nine-
52 ty-four of the executive law,] the commission shall, with respect to its
53 lobbying-related functions only, have the power and duty to:
54 S 44. Subdivision 3 of section 2986 of the public authorities law, as
55 added by chapter 506 of the laws of 2009, is amended to read as follows:
A. 6014 18
1 3. Any communications between an employee and the authorities budget
2 office pursuant to this section shall be held strictly confidential by
3 the authorities budget office, unless the employee specifically waives
4 in writing the right to confidentiality, except that such confidentiali-
5 ty shall not exempt the authorities budget office from disclosing such
6 information, where appropriate, to the state inspector general [in
7 accordance with section fifty-five of the executive law,] or prevent
8 disclosure to any law enforcement authority.
9 S 45. This act shall take effect on the first of January next succeed-
10 ing the date on which it shall have become a law, provided that sections
11 six through twenty-three and sections twenty-five through thirty-seven
12 of this act shall take effect on the first of April next succeeding the
13 date on which it shall have become a law.
