Bill Text: NY S00887 | 2011-2012 | General Assembly | Introduced
Bill Title: Creates the "public corruption prevention and enforcement act"; establishes the crimes scheme to defraud the government in the first and second degrees; requires the provision of faithful public services; relates to reportable business relationships for legislative ethics purposes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CODES [S00887 Detail]
Download: New_York-2011-S00887-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 887 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, the public officers law, the executive law and the legislative law, in relation to the crimes of scheme to defraud the government in the first and second degrees and the provision of faithful public services; and to amend the legislative law, in relation to reportable business relationships for legislative ethics purposes THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. This act shall be known and may be cited as the "public 2 corruption prevention and enforcement act of 2011". 3 S 2. Section 10.00 of the penal law is amended by adding three new 4 subdivisions 21, 22 and 23 to read as follows: 5 21. FOR THE PURPOSES OF SECTIONS 195.18 AND 195.20 OF THIS CHAPTER 6 "SCHEME" MEANS ANY PLAN, PATTERN, DEVICE, CONTRIVANCE, OR COURSE OF 7 ACTION, AND "INTENT TO DEFRAUD" INCLUDES AN INTENT TO DEPRIVE THE STATE 8 OR A POLITICAL SUBDIVISION OF THE STATE OR A GOVERNMENTAL INSTRUMENTALI- 9 TY OF FAITHFUL PUBLIC SERVICES. 10 22. "FAITHFUL PUBLIC SERVICES" MEANS CONDUCT THAT IS FREE OF UNDIS- 11 CLOSED SELF-DEALING AND FREE OF THE UNAUTHORIZED OR UNLAWFUL CONFERRAL 12 OR INTENDED CONFERRAL OF A BENEFIT, DIRECTLY OR INDIRECTLY, ON A PUBLIC 13 SERVANT. 14 23. "SELF-DEALING" MEANS ANY ACTION TAKEN BY A PUBLIC SERVANT IN HIS 15 OR HER OFFICIAL CAPACITY WITH INTENT TO BENEFIT HIMSELF OR HERSELF, 16 DIRECTLY OR INDIRECTLY, AND WHICH RELATES TO HIS OR HER PRIVATE BUSINESS 17 INTERESTS. 18 S 3. Section 195.20 of the penal law, as amended by chapter 1 of the 19 laws of 2010, is amended to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03880-01-1 S. 887 2 1 S 195.20 [Defrauding] SCHEME TO DEFRAUD the government IN THE FIRST 2 DEGREE. 3 A person is guilty of [defrauding] A SCHEME TO DEFRAUD the government 4 IN THE FIRST DEGREE when, being a public servant or party officer OR 5 ACTING IN CONCERT WITH A PUBLIC SERVANT OR PARTY OFFICER, he or she: 6 (a) engages in a scheme constituting a systematic ongoing course of 7 conduct with intent to: 8 (i) defraud the state or a political subdivision of the state or a 9 governmental instrumentality within the state; or 10 (II) to obtain property, services or other resources from the state or 11 a political subdivision of the state or a governmental instrumentality 12 within the state by false or fraudulent pretenses, representations or 13 promises; or 14 [(ii)] (III) defraud the state or a political subdivision of the state 15 or a governmental instrumentality within the state by making use of 16 property, services or resources of the state, political subdivision of 17 the state or a governmental instrumentality within the state for private 18 business purposes or other compensated non-governmental purposes; and 19 (b) EITHER (I) so obtains property, services or other resources with a 20 value in excess of one thousand dollars from such state, political 21 subdivision or governmental instrumentality, OR (II) CONFERS OR OBTAINS 22 A BENEFIT OR BENEFITS, DIRECTLY OR INDIRECTLY, WITH A COMBINED VALUE IN 23 EXCESS OF ONE THOUSAND DOLLARS. 24 [Defrauding] SCHEME TO DEFRAUD the government IN THE FIRST DEGREE is a 25 class [E] D felony. 26 S 4. The penal law is amended by adding a new section 195.18 to read 27 as follows: 28 S 195.18 SCHEME TO DEFRAUD THE GOVERNMENT IN THE SECOND DEGREE. 29 A PERSON IS GUILTY OF A SCHEME TO DEFRAUD THE GOVERNMENT IN THE SECOND 30 DEGREE WHEN, BEING A PUBLIC SERVANT OR PARTY OFFICER OR ACTING IN 31 CONCERT WITH A PUBLIC SERVANT OR PARTY OFFICER, HE OR SHE ENGAGES IN A 32 SCHEME CONSTITUTING A SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT 33 TO: 34 (A) DEFRAUD THE STATE OR A POLITICAL SUBDIVISION OF THE STATE OR A 35 GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE; OR 36 (B) OBTAIN PROPERTY, SERVICES OR OTHER RESOURCES FROM THE STATE OR A 37 POLITICAL SUBDIVISION OF THE STATE OR A GOVERNMENTAL INSTRUMENTALITY 38 WITHIN THE STATE BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR 39 PROMISES; OR 40 (C) DEFRAUD THE STATE OR A POLITICAL SUBDIVISION OF THE STATE OR A 41 GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE BY MAKING USE OF PROPERTY, 42 SERVICES OR RESOURCES OF THE STATE, POLITICAL SUBDIVISION OF THE STATE 43 OR A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE FOR PRIVATE BUSINESS 44 PURPOSES OR OTHER COMPENSATED NON-GOVERNMENTAL PURPOSES. 45 SCHEME TO DEFRAUD THE GOVERNMENT IN THE SECOND DEGREE IS A CLASS E 46 FELONY. 47 S 5. The penal law is amended by adding a new section 200.28 to read 48 as follows: 49 S 200.28 DUTY TO PROVIDE FAITHFUL PUBLIC SERVICES. 50 FOR PURPOSES OF THIS ARTICLE, THE DUTIES OF A PUBLIC SERVANT SHALL 51 INCLUDE BUT NOT BE LIMITED TO THE DUTY TO PROVIDE FAITHFUL PUBLIC 52 SERVICES. IN EXECUTING THE DUTIES OF HIS OR HER OFFICE, EVERY PUBLIC 53 SERVANT SHALL HAVE THE DUTY TO PROVIDE FAITHFUL PUBLIC SERVICES TO HIS 54 OR HER CONSTITUENTS AND THE STATE OR POLITICAL SUBDIVISION THEREOF, AS 55 APPLICABLE. IN EXECUTING THE DUTIES OF HIS OR HER OFFICE OR EMPLOYMENT, S. 887 3 1 EVERY PUBLIC SERVANT SHALL ALSO HAVE THE DUTY TO PROVIDE FAITHFUL PUBLIC 2 SERVICES TO A STATE OR LOCAL AGENCY OR LEGISLATURE, AS APPLICABLE. 3 S 6. Subdivision 1 of section 74 of the public officers law, as 4 amended by chapter 1012 of the laws of 1965, the opening paragraph as 5 amended by chapter 14 of the laws of 2007, is amended to read as 6 follows: 7 1. [Definition. As used in this section:] DEFINITIONS OF TERMS OF 8 GENERAL USE IN THIS SECTION: 9 A. The term "state agency" shall mean any state department, or divi- 10 sion, board, commission, or bureau of any state department or any public 11 benefit corporation or public authority at least one of whose members is 12 appointed by the governor or corporations closely affiliated with 13 specific state agencies as defined by paragraph (d) of subdivision five 14 of section fifty-three-a of the state finance law or their successors. 15 B. The term "legislative employee" shall mean any officer or employee 16 of the legislature but it shall not include members of the legislature. 17 C. THE TERM "FAITHFUL PUBLIC SERVICES" SHALL MEAN CONDUCT THAT IS FREE 18 OF UNDISCLOSED SELF-DEALING AND FREE OF THE UNAUTHORIZED OR UNLAWFUL 19 CONFERRAL OR INTENDED CONFERRAL OF A BENEFIT, DIRECTLY OR INDIRECTLY, ON 20 AN OFFICER OR EMPLOYEE OF A STATE AGENCY, MEMBER OF THE LEGISLATURE OR 21 LEGISLATIVE EMPLOYEE. EVERY OFFICER OR EMPLOYEE OF A STATE AGENCY, 22 MEMBER OF THE LEGISLATURE OR LEGISLATIVE EMPLOYEE SHALL HAVE A DUTY OF 23 FAITHFUL PUBLIC SERVICES WITH RESPECT TO HIS OR HER CONSTITUENTS AND THE 24 STATE OR TO A STATE AGENCY OR LEGISLATURE, AS APPLICABLE. 25 D. THE TERM "SELF-DEALING" SHALL MEAN ANY ACTION TAKEN BY AN OFFICER 26 OR EMPLOYEE OF A STATE AGENCY, MEMBER OF THE LEGISLATURE OR LEGISLATIVE 27 EMPLOYEE IN HIS OR HER OFFICIAL CAPACITY WITH INTENT TO BENEFIT HIMSELF 28 OR HERSELF, DIRECTLY OR INDIRECTLY, AND WHICH RELATES TO HIS OR HER 29 PRIVATE BUSINESS INTERESTS. 30 S 7. Subdivision 3 of section 74 of the public officers law is amended 31 by adding a new paragraph j to read as follows: 32 J. IN EXECUTING THE DUTIES OF HIS OR HER OFFICE, EVERY OFFICER OR 33 EMPLOYEE OF A STATE AGENCY, MEMBER OF THE LEGISLATURE OR LEGISLATIVE 34 EMPLOYEE SHALL HAVE THE DUTY TO PROVIDE FAITHFUL PUBLIC SERVICES TO HIS 35 OR HER CONSTITUENTS AND THE STATE, AS APPLICABLE. IN EXECUTING THE 36 DUTIES OF HIS OR HER OFFICE OR EMPLOYMENT, EVERY OFFICER OR EMPLOYEE OF 37 A STATE AGENCY, MEMBER OF THE LEGISLATURE OR LEGISLATIVE EMPLOYEE SHALL 38 ALSO HAVE THE DUTY TO PROVIDE FAITHFUL PUBLIC SERVICES TO A STATE AGENCY 39 OR THE LEGISLATURE, AS APPLICABLE. 40 S 8. Subdivision 4 of section 74 of the public officers law, as 41 amended by chapter 14 of the laws of 2007, is amended to read as 42 follows: 43 4. Violations. In addition to any penalty contained in any other 44 provision of law any such officer, member or employee who shall knowing- 45 ly and intentionally violate any of the provisions of this section may 46 be fined, suspended or removed from office or employment in the manner 47 provided by law. Any such individual who knowingly and intentionally 48 violates the provisions of paragraph b, c, d or i of subdivision three 49 of this section shall be subject to a civil penalty in an amount not to 50 exceed ten thousand dollars and the value of any gift, compensation or 51 benefit received as a result of such violation. Any such individual who 52 knowingly and intentionally violates the provisions of paragraph a, e or 53 g of subdivision three of this section shall be subject to a civil 54 penalty in an amount not to exceed the value of any gift, compensation 55 or benefit received as a result of such violation. ANY SUCH INDIVIDUAL 56 WHO KNOWINGLY AND INTENTIONALLY VIOLATES THE PROVISIONS OF PARAGRAPH J S. 887 4 1 OF SUBDIVISION THREE OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY 2 IN AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS AND THE VALUE OF ANY 3 GIFT, COMPENSATION OR BENEFIT RECEIVED AS A RESULT OF SUCH VIOLATION. 4 ANY SUCH INDIVIDUAL WHO, AS PART OF OR IN FURTHERANCE OF A SCHEME OR 5 ARTIFICE TO DEFRAUD A STATE AGENCY, THE LEGISLATURE, ANY POLITICAL 6 SUBDIVISION, HIS OR HER CONSTITUENTS OR THE STATE, AS APPLICABLE, KNOW- 7 INGLY AND INTENTIONALLY VIOLATES THE PROVISIONS OF PARAGRAPH J OF SUBDI- 8 VISION THREE OF THIS SECTION SHALL, IN ADDITION TO ANY PENALTY CONTAINED 9 IN THIS SECTION OR ANY OTHER PROVISION OF LAW, BE GUILTY OF A CLASS E 10 FELONY. 11 S 9. Subdivision 13 of section 94 of the executive law, as amended by 12 chapter 14 of the laws of 2007, is amended to read as follows: 13 13. An individual subject to the jurisdiction of the commission who 14 knowingly and intentionally violates the provisions of subdivisions two 15 through five, seven, eight, twelve or fourteen through seventeen of 16 section seventy-three of the public officers law, section one hundred 17 seven of the civil service law, or a reporting individual who knowingly 18 and wilfully fails to file an annual statement of financial disclosure 19 or who knowingly and wilfully with intent to deceive makes a false 20 statement or fraudulent omission or gives information which such indi- 21 vidual knows to be false on such statement of financial disclosure filed 22 pursuant to section seventy-three-a of the public officers law shall be 23 subject to a civil penalty in an amount not to exceed forty thousand 24 dollars and the value of any gift, compensation or benefit received as a 25 result of such violation. An individual who knowingly and intentionally 26 violates the provisions of paragraph b, c, d [or], i OR J of subdivision 27 three of section seventy-four of the public officers law shall be 28 subject to a civil penalty in an amount not to exceed ten thousand 29 dollars and the value of any gift, compensation or benefit received as a 30 result of such violation. An individual who knowingly and intentionally 31 violates the provisions of paragraph a, e or g of subdivision three of 32 section seventy-four of the public officers law shall be subject to a 33 civil penalty in an amount not to exceed the value of any gift, compen- 34 sation or benefit received as a result of such violation. An individual 35 subject to the jurisdiction of the commission who knowingly and willful- 36 ly violates article one-A of the legislative law shall be subject to 37 civil penalty as provided for in that article. Assessment of a civil 38 penalty hereunder shall be made by the commission with respect to 39 persons subject to its jurisdiction. In assessing the amount of the 40 civil penalties to be imposed, the commission shall consider the seri- 41 ousness of the violation, the amount of gain to the individual and 42 whether the individual previously had any civil or criminal penalties 43 imposed pursuant to this section, and any other factors the commission 44 deems appropriate. For a violation of this subdivision, other than for 45 conduct which constitutes a violation of section one hundred seven of 46 the civil service law, subdivisions twelve or fourteen through seventeen 47 of section seventy-three or section seventy-four of the public officers 48 law or article one-A of the legislative law, the commission may, in lieu 49 of a civil penalty, refer a violation to the appropriate prosecutor and 50 upon such conviction, such violation shall be punishable as a class A 51 misdemeanor. A civil penalty for false filing may not be imposed here- 52 under in the event a category of "value" or "amount" reported hereunder 53 is incorrect unless such reported information is falsely understated. 54 Notwithstanding any other provision of law to the contrary, no other 55 penalty, civil or criminal may be imposed for a failure to file, or for 56 a false filing, of such statement, or a violation of section seventy- S. 887 5 1 three of the public officers law, except that the appointing authority 2 may impose disciplinary action as otherwise provided by law. The commis- 3 sion may refer violations of this subdivision to the appointing authori- 4 ty for disciplinary action as otherwise provided by law. The commission 5 shall be deemed to be an agency within the meaning of article three of 6 the state administrative procedure act and shall adopt rules governing 7 the conduct of adjudicatory proceedings and appeals taken pursuant to a 8 proceeding commenced under article seventy-eight of the civil practice 9 law and rules relating to the assessment of the civil penalties herein 10 authorized and commission denials of requests for certain deletions or 11 exemptions to be made from a financial disclosure statement as author- 12 ized in paragraph (h) or paragraph (i) of subdivision nine of this 13 section. Such rules, which shall not be subject to the approval require- 14 ments of the state administrative procedure act, shall provide for due 15 process procedural mechanisms substantially similar to those set forth 16 in article three of the state administrative procedure act but such 17 mechanisms need not be identical in terms or scope. Assessment of a 18 civil penalty or commission denial of such a request shall be final 19 unless modified, suspended or vacated within thirty days of imposition, 20 with respect to the assessment of such penalty, or unless such denial of 21 request is reversed within such time period, and upon becoming final 22 shall be subject to review at the instance of the affected reporting 23 individuals in a proceeding commenced against the commission, pursuant 24 to article seventy-eight of the civil practice law and rules. 25 S 10. Subdivision 11 of section 80 of the legislative law, as amended 26 by chapter 14 of the laws of 2007, is amended to read as follows: 27 11. An individual subject to the jurisdiction of the commission who 28 knowingly and intentionally violates the provisions of subdivisions two 29 through five, seven, eight, twelve, fourteen or fifteen of section 30 seventy-three of the public officers law or a reporting individual who 31 knowingly and wilfully fails to file an annual statement of financial 32 disclosure or who knowingly and wilfully with intent to deceive makes a 33 false statement or gives information which such individual knows to be 34 false on such statement of financial disclosure filed pursuant to 35 section seventy-three-a of the public officers law shall be subject to a 36 civil penalty in an amount not to exceed forty thousand dollars and the 37 value of any gift, compensation or benefit received as a result of such 38 violation. Any such individual who knowingly and intentionally violates 39 the provisions of paragraph b, c, d, [or] i OR J of subdivision three of 40 section seventy-four of the public officers law shall be subject to a 41 civil penalty in an amount not to exceed ten thousand dollars and the 42 value of any gift, compensation or benefit received as a result of such 43 violation. Any such individual who knowingly and intentionally violates 44 the provisions of paragraph a, e or g of subdivision three of section 45 seventy-four of the public officers law shall be subject to a civil 46 penalty in an amount equal to the value of any gift, compensation or 47 benefit received as a result of such violation. Assessment of a civil 48 penalty hereunder shall be made by the commission with respect to 49 persons subject to its jurisdiction. In assessing the amount of the 50 civil penalties to be imposed, the commission shall consider the seri- 51 ousness of the violation, the amount of gain to the individual and 52 whether the individual previously had any civil or criminal penalties 53 imposed pursuant to this section, and any other factors the commission 54 deems appropriate. For a violation of this section, other than for 55 conduct which constitutes a violation of subdivision twelve, fourteen or 56 fifteen of section seventy-three or section seventy-four of the public S. 887 6 1 officers law, the legislative ethics commission may, in lieu of a civil 2 penalty, refer a violation to the appropriate prosecutor and upon such 3 conviction, but only after such referral, such violation shall be 4 punishable as a class A misdemeanor. A civil penalty for false filing 5 may not be imposed hereunder in the event a category of "value" or 6 "amount" reported hereunder is incorrect unless such reported informa- 7 tion is falsely understated. Notwithstanding any other provision of law 8 to the contrary, no other penalty, civil or criminal may be imposed for 9 a failure to file, or for a false filing, of such statement, or a 10 violation of section seventy-three of the public officers law, except 11 that the appointing authority may impose disciplinary action as other- 12 wise provided by law. The legislative ethics commission shall be deemed 13 to be an agency within the meaning of article three of the state admin- 14 istrative procedure act and shall adopt rules governing the conduct of 15 adjudicatory proceedings and appeals taken pursuant to a proceeding 16 commenced under article seventy-eight of the civil practice law and 17 rules relating to the assessment of the civil penalties herein author- 18 ized and commission denials of requests for certain deletions or 19 exemptions to be made from a financial disclosure statement as author- 20 ized in paragraph i or paragraph j of subdivision seven of this section. 21 Such rules, which shall not be subject to the promulgation and hearing 22 requirements of the state administrative procedure act, shall provide 23 for due process procedural mechanisms substantially similar to those set 24 forth in such article three but such mechanisms need not be identical in 25 terms or scope. Assessment of a civil penalty or commission denial of 26 such a deletion or exemption request shall be final unless modified, 27 suspended or vacated within thirty days of imposition, with respect to 28 the assessment of such penalty, or unless such denial of request is 29 reversed within such time period, and upon becoming final shall be 30 subject to review at the instance of the affected reporting individuals 31 in a proceeding commenced against the legislative ethics commission, 32 pursuant to article seventy-eight of the civil practice law and rules. 33 S 11. Section 1-c of the legislative law is amended by adding a new 34 subdivision (w) to read as follows: 35 (W) THE TERM "REPORTABLE BUSINESS RELATIONSHIP" SHALL MEAN A RELATION- 36 SHIP IN WHICH COMPENSATION IS PAID BY A LOBBYIST OR BY A CLIENT OF A 37 LOBBYIST, IN EXCHANGE FOR ANY GOODS, SERVICES OR ANYTHING OF VALUE TO BE 38 PERFORMED OR PROVIDED BY OR INTENDED TO BE PERFORMED OR PROVIDED BY (I) 39 ANY STATEWIDE ELECTED OFFICIAL, STATE OFFICER, STATE EMPLOYEE, MEMBER OF 40 THE LEGISLATURE OR LEGISLATIVE EMPLOYEE OR (II) ANY ENTITY IN WHICH THE 41 LOBBYIST OR THE CLIENT OF A LOBBYIST KNOWS OR HAS REASON TO KNOW THE 42 STATEWIDE ELECTED OFFICIAL, STATE OFFICER, STATE EMPLOYEE, MEMBER OF THE 43 LEGISLATURE OR LEGISLATIVE EMPLOYEE IS A PROPRIETOR, PARTNER, DIRECTOR, 44 OFFICER OR MANAGER WHO RECEIVES TEN PERCENT OR MORE OF THE PROFITS FROM 45 SUCH ENTITY, OR OWNS OR CONTROLS TEN PERCENT OR MORE OF THE STOCK OF 46 SUCH ENTITY (OR ONE PERCENT IN THE CASE OF A CORPORATION WHOSE STOCK IS 47 REGULARLY TRADED ON AN ESTABLISHED SECURITIES EXCHANGE). 48 S 12. Subdivision (c) of section 1-e of the legislative law is amended 49 by adding a new paragraph 8 to read as follows: 50 (8) (I) THE NAME AND PUBLIC OFFICE ADDRESS OF ANY STATEWIDE ELECTED 51 OFFICIAL, STATE OFFICER OR EMPLOYEE, MEMBER OF THE LEGISLATURE OR LEGIS- 52 LATIVE EMPLOYEE AND ENTITY WITH WHOM THE LOBBYIST HAS A REPORTABLE BUSI- 53 NESS RELATIONSHIP IN EXCESS OF ONE THOUSAND DOLLARS DURING THE REPORTING 54 PERIOD; 55 (II) A DESCRIPTION OF THE GENERAL SUBJECT OR SUBJECTS OF THE TRANS- 56 ACTIONS BETWEEN THE LOBBYIST OR LOBBYISTS AND THE STATEWIDE ELECTED S. 887 7 1 OFFICIAL, STATE OFFICER OR EMPLOYEE, MEMBER OF THE LEGISLATURE OR LEGIS- 2 LATIVE EMPLOYEE AND ENTITY; AND 3 (III) THE COMPENSATION, INCLUDING EXPENSES, TO BE PAID BY VIRTUE OF 4 THE BUSINESS RELATIONSHIP. 5 S 13. Subdivision (b) of section 1-j of the legislative law is amended 6 by adding a new paragraph 6 to read as follows: 7 (6) (I) THE NAME AND PUBLIC OFFICE ADDRESS OF ANY STATEWIDE ELECTED 8 OFFICIAL, STATE OFFICER OR EMPLOYEE, MEMBER OF THE LEGISLATURE OR LEGIS- 9 LATIVE EMPLOYEE AND ENTITY WITH WHOM THE CLIENT OF A LOBBYIST HAS A 10 REPORTABLE BUSINESS RELATIONSHIP IN EXCESS OF FIVE HUNDRED DOLLARS 11 DURING THE REPORTING PERIOD; 12 (II) A DESCRIPTION OF THE GENERAL SUBJECT OR SUBJECTS OF THE TRANS- 13 ACTIONS BETWEEN THE CLIENT OF THE LOBBYIST OR LOBBYISTS AND THE STATE- 14 WIDE ELECTED OFFICIAL, STATE OFFICER OR EMPLOYEE, MEMBER OF THE LEGISLA- 15 TURE OR LEGISLATIVE EMPLOYEE AND ENTITY; AND 16 (III) THE COMPENSATION, INCLUDING EXPENSES, TO BE PAID BY VIRTUE OF 17 THE BUSINESS RELATIONSHIP. 18 S 14. This act shall take effect immediately, provided that sections 19 eleven, twelve and thirteen of this act shall take effect on the nineti- 20 eth day after it shall have become a law.