Bill Text: NY A11666 | 2009-2010 | General Assembly | Introduced


Bill Title: Creates the "public corruption prevention and enforcement act of 2010"; 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 2-0)

Status: (Introduced - Dead) 2010-07-06 - referred to governmental operations [A11666 Detail]

Download: New_York-2009-A11666-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         11666
                                 I N  A S S E M B L Y
                                     July 6, 2010
                                      ___________
       Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Kellner) --
         read once and referred to the Committee on Governmental Operations
       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 2010".
    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:
   20  S  195.20  [Defrauding]  SCHEME  TO  DEFRAUD the government IN THE FIRST
   21             DEGREE.
   22    A person is guilty of [defrauding] A SCHEME TO DEFRAUD the  government
   23  IN  THE  FIRST  DEGREE  when, being a public servant or party officer OR
   24  ACTING IN CONCERT WITH A PUBLIC SERVANT OR PARTY OFFICER, he or she:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD17862-02-0
       A. 11666                            2
    1    (a) engages in a scheme constituting a systematic  ongoing  course  of
    2  conduct with intent to:
    3    (i)  defraud  the  state  or a political subdivision of the state or a
    4  governmental instrumentality within the state; or
    5    (II) to obtain property, services or other resources from the state or
    6  a political subdivision of the state or a  governmental  instrumentality
    7  within  the  state  by false or fraudulent pretenses, representations or
    8  promises; or
    9    [(ii)] (III) defraud the state or a political subdivision of the state
   10  or a governmental instrumentality within the  state  by  making  use  of
   11  property,  services  or resources of the state, political subdivision of
   12  the state or a governmental instrumentality within the state for private
   13  business purposes or other compensated non-governmental purposes; and
   14    (b) EITHER (I) so obtains property, services or other resources with a
   15  value in excess of one  thousand  dollars  from  such  state,  political
   16  subdivision  or governmental instrumentality, OR (II) CONFERS OR OBTAINS
   17  A BENEFIT OR BENEFITS, DIRECTLY OR INDIRECTLY, WITH A COMBINED VALUE  IN
   18  EXCESS OF ONE THOUSAND DOLLARS.
   19    [Defrauding] SCHEME TO DEFRAUD the government IN THE FIRST DEGREE is a
   20  class [E] D felony.
   21    S  4.  The penal law is amended by adding a new section 195.18 to read
   22  as follows:
   23  S 195.18 SCHEME TO DEFRAUD THE GOVERNMENT IN THE SECOND DEGREE.
   24    A PERSON IS GUILTY OF A SCHEME TO DEFRAUD THE GOVERNMENT IN THE SECOND
   25  DEGREE WHEN, BEING A PUBLIC  SERVANT  OR  PARTY  OFFICER  OR  ACTING  IN
   26  CONCERT  WITH  A PUBLIC SERVANT OR PARTY OFFICER, HE OR SHE ENGAGES IN A
   27  SCHEME CONSTITUTING A SYSTEMATIC ONGOING COURSE OF CONDUCT  WITH  INTENT
   28  TO:
   29    (A)  DEFRAUD  THE  STATE  OR A POLITICAL SUBDIVISION OF THE STATE OR A
   30  GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE; OR
   31    (B) OBTAIN PROPERTY, SERVICES OR OTHER RESOURCES FROM THE STATE  OR  A
   32  POLITICAL  SUBDIVISION  OF  THE  STATE OR A GOVERNMENTAL INSTRUMENTALITY
   33  WITHIN THE STATE BY FALSE OR FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR
   34  PROMISES; OR
   35    (C)  DEFRAUD  THE  STATE  OR A POLITICAL SUBDIVISION OF THE STATE OR A
   36  GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE BY MAKING USE OF PROPERTY,
   37  SERVICES OR RESOURCES OF THE STATE, POLITICAL SUBDIVISION OF  THE  STATE
   38  OR  A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE FOR PRIVATE BUSINESS
   39  PURPOSES OR OTHER COMPENSATED NON-GOVERNMENTAL PURPOSES.
   40    SCHEME TO DEFRAUD THE GOVERNMENT IN THE SECOND DEGREE  IS  A  CLASS  E
   41  FELONY.
   42    S  5.  The penal law is amended by adding a new section 200.28 to read
   43  as follows:
   44  S 200.28 DUTY TO PROVIDE FAITHFUL PUBLIC SERVICES.
   45    FOR PURPOSES OF THIS ARTICLE, THE DUTIES OF  A  PUBLIC  SERVANT  SHALL
   46  INCLUDE  BUT  NOT  BE  LIMITED  TO  THE  DUTY TO PROVIDE FAITHFUL PUBLIC
   47  SERVICES. IN EXECUTING THE DUTIES OF HIS OR  HER  OFFICE,  EVERY  PUBLIC
   48  SERVANT  SHALL  HAVE THE DUTY TO PROVIDE FAITHFUL PUBLIC SERVICES TO HIS
   49  OR HER CONSTITUENTS AND THE STATE OR POLITICAL SUBDIVISION  THEREOF,  AS
   50  APPLICABLE.  IN EXECUTING THE DUTIES OF HIS OR HER OFFICE OR EMPLOYMENT,
   51  EVERY PUBLIC SERVANT SHALL ALSO HAVE THE DUTY TO PROVIDE FAITHFUL PUBLIC
   52  SERVICES TO A STATE OR LOCAL AGENCY OR LEGISLATURE, AS APPLICABLE.
   53    S 6. Subdivision 1 of section  74  of  the  public  officers  law,  as
   54  amended  by  chapter  1012 of the laws of 1965, the opening paragraph as
   55  amended by chapter 14 of the  laws  of  2007,  is  amended  to  read  as
   56  follows:
       A. 11666                            3
    1    1.  [Definition.  As  used  in  this section:] DEFINITIONS OF TERMS OF
    2  GENERAL USE IN THIS SECTION:
    3    A.  The  term "state agency" shall mean any state department, or divi-
    4  sion, board, commission, or bureau of any state department or any public
    5  benefit corporation or public authority at least one of whose members is
    6  appointed by  the  governor  or  corporations  closely  affiliated  with
    7  specific  state agencies as defined by paragraph (d) of subdivision five
    8  of section fifty-three-a of the state finance law or their successors.
    9    B. The term "legislative employee" shall mean any officer or  employee
   10  of the legislature but it shall not include members of the legislature.
   11    C. THE TERM "FAITHFUL PUBLIC SERVICES" SHALL MEAN CONDUCT THAT IS FREE
   12  OF  UNDISCLOSED  SELF-DEALING  AND  FREE OF THE UNAUTHORIZED OR UNLAWFUL
   13  CONFERRAL OR INTENDED CONFERRAL OF A BENEFIT, DIRECTLY OR INDIRECTLY, ON
   14  AN OFFICER OR EMPLOYEE OF A STATE AGENCY, MEMBER OF THE  LEGISLATURE  OR
   15  LEGISLATIVE  EMPLOYEE.  EVERY  OFFICER  OR  EMPLOYEE  OF A STATE AGENCY,
   16  MEMBER OF THE LEGISLATURE OR LEGISLATIVE EMPLOYEE SHALL HAVE A  DUTY  OF
   17  FAITHFUL PUBLIC SERVICES WITH RESPECT TO HIS OR HER CONSTITUENTS AND THE
   18  STATE OR TO A STATE AGENCY OR LEGISLATURE, AS APPLICABLE.
   19    D.  THE  TERM "SELF-DEALING" SHALL MEAN ANY ACTION TAKEN BY AN OFFICER
   20  OR EMPLOYEE OF A STATE AGENCY, MEMBER OF THE LEGISLATURE OR  LEGISLATIVE
   21  EMPLOYEE  IN HIS OR HER OFFICIAL CAPACITY WITH INTENT TO BENEFIT HIMSELF
   22  OR HERSELF, DIRECTLY OR INDIRECTLY, AND WHICH  RELATES  TO  HIS  OR  HER
   23  PRIVATE BUSINESS INTERESTS.
   24    S 7. Subdivision 3 of section 74 of the public officers law is amended
   25  by adding a new paragraph j to read as follows:
   26    J.  IN  EXECUTING  THE  DUTIES  OF HIS OR HER OFFICE, EVERY OFFICER OR
   27  EMPLOYEE OF A STATE AGENCY, MEMBER OF  THE  LEGISLATURE  OR  LEGISLATIVE
   28  EMPLOYEE  SHALL HAVE THE DUTY TO PROVIDE FAITHFUL PUBLIC SERVICES TO HIS
   29  OR HER CONSTITUENTS AND THE  STATE,  AS  APPLICABLE.  IN  EXECUTING  THE
   30  DUTIES  OF HIS OR HER OFFICE OR EMPLOYMENT, EVERY OFFICER OR EMPLOYEE OF
   31  A STATE AGENCY, MEMBER OF THE LEGISLATURE OR LEGISLATIVE EMPLOYEE  SHALL
   32  ALSO HAVE THE DUTY TO PROVIDE FAITHFUL PUBLIC SERVICES TO A STATE AGENCY
   33  OR THE LEGISLATURE, AS APPLICABLE.
   34    S  8.  Subdivision  4  of  section  74  of the public officers law, as
   35  amended by chapter 14 of the  laws  of  2007,  is  amended  to  read  as
   36  follows:
   37    4.  Violations.  In  addition  to  any  penalty contained in any other
   38  provision of law any such officer, member or employee who shall knowing-
   39  ly and intentionally violate any of the provisions of this  section  may
   40  be  fined,  suspended or removed from office or employment in the manner
   41  provided by law. Any such individual  who  knowingly  and  intentionally
   42  violates  the  provisions of paragraph b, c, d or i of subdivision three
   43  of this section shall be subject to a civil penalty in an amount not  to
   44  exceed  ten  thousand dollars and the value of any gift, compensation or
   45  benefit received as a result of such violation. Any such individual  who
   46  knowingly and intentionally violates the provisions of paragraph a, e or
   47  g  of  subdivision  three  of  this  section shall be subject to a civil
   48  penalty in an amount not to exceed the value of any  gift,  compensation
   49  or  benefit received as a result of such violation.  ANY SUCH INDIVIDUAL
   50  WHO KNOWINGLY AND INTENTIONALLY VIOLATES THE PROVISIONS OF  PARAGRAPH  J
   51  OF SUBDIVISION THREE OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY
   52  IN  AN  AMOUNT  NOT  TO EXCEED TEN THOUSAND DOLLARS AND THE VALUE OF ANY
   53  GIFT, COMPENSATION OR BENEFIT RECEIVED AS A RESULT  OF  SUCH  VIOLATION.
   54  ANY  SUCH  INDIVIDUAL  WHO,  AS PART OF OR IN FURTHERANCE OF A SCHEME OR
   55  ARTIFICE TO DEFRAUD A  STATE  AGENCY,  THE  LEGISLATURE,  ANY  POLITICAL
   56  SUBDIVISION,  HIS OR HER CONSTITUENTS OR THE STATE, AS APPLICABLE, KNOW-
       A. 11666                            4
    1  INGLY AND INTENTIONALLY VIOLATES THE PROVISIONS OF PARAGRAPH J OF SUBDI-
    2  VISION THREE OF THIS SECTION SHALL, IN ADDITION TO ANY PENALTY CONTAINED
    3  IN THIS SECTION OR ANY OTHER PROVISION OF LAW, BE GUILTY OF  A  CLASS  E
    4  FELONY.
    5    S  9. Subdivision 13 of section 94 of the executive law, as amended by
    6  chapter 14 of the laws of 2007, is amended to read as follows:
    7    13. An individual subject to the jurisdiction of  the  commission  who
    8  knowingly  and intentionally violates the provisions of subdivisions two
    9  through five, seven, eight, twelve  or  fourteen  through  seventeen  of
   10  section  seventy-three  of  the public officers law, section one hundred
   11  seven of the civil service law, or a reporting individual who  knowingly
   12  and  wilfully  fails to file an annual statement of financial disclosure
   13  or who knowingly and wilfully with  intent  to  deceive  makes  a  false
   14  statement  or  fraudulent omission or gives information which such indi-
   15  vidual knows to be false on such statement of financial disclosure filed
   16  pursuant to section seventy-three-a of the public officers law shall  be
   17  subject  to  a  civil  penalty in an amount not to exceed forty thousand
   18  dollars and the value of any gift, compensation or benefit received as a
   19  result of such violation. An individual who knowingly and  intentionally
   20  violates the provisions of paragraph b, c, d [or], i OR J of subdivision
   21  three  of  section  seventy-four  of  the  public  officers law shall be
   22  subject to a civil penalty in an  amount  not  to  exceed  ten  thousand
   23  dollars and the value of any gift, compensation or benefit received as a
   24  result  of such violation. An individual who knowingly and intentionally
   25  violates the provisions of paragraph a, e or g of subdivision  three  of
   26  section  seventy-four  of  the public officers law shall be subject to a
   27  civil penalty in an amount not to exceed the value of any gift,  compen-
   28  sation  or benefit received as a result of such violation. An individual
   29  subject to the jurisdiction of the commission who knowingly and willful-
   30  ly violates article one-A of the legislative law  shall  be  subject  to
   31  civil  penalty  as  provided for in that article.  Assessment of a civil
   32  penalty hereunder shall be  made  by  the  commission  with  respect  to
   33  persons  subject  to  its  jurisdiction.  In assessing the amount of the
   34  civil penalties to be imposed, the commission shall consider  the  seri-
   35  ousness  of  the  violation,  the  amount  of gain to the individual and
   36  whether the individual previously had any civil  or  criminal  penalties
   37  imposed  pursuant  to this section, and any other factors the commission
   38  deems appropriate. For a violation of this subdivision, other  than  for
   39  conduct  which  constitutes  a violation of section one hundred seven of
   40  the civil service law, subdivisions twelve or fourteen through seventeen
   41  of section seventy-three or section seventy-four of the public  officers
   42  law or article one-A of the legislative law, the commission may, in lieu
   43  of  a civil penalty, refer a violation to the appropriate prosecutor and
   44  upon such conviction, such violation shall be punishable as  a  class  A
   45  misdemeanor.  A  civil penalty for false filing may not be imposed here-
   46  under in the event a category of "value" or "amount" reported  hereunder
   47  is  incorrect  unless  such reported information is falsely understated.
   48  Notwithstanding any other provision of law to  the  contrary,  no  other
   49  penalty,  civil or criminal may be imposed for a failure to file, or for
   50  a false filing, of such statement, or a violation  of  section  seventy-
   51  three  of  the public officers law, except that the appointing authority
   52  may impose disciplinary action as otherwise provided by law. The commis-
   53  sion may refer violations of this subdivision to the appointing authori-
   54  ty for disciplinary action as otherwise provided by law. The  commission
   55  shall  be  deemed to be an agency within the meaning of article three of
   56  the state administrative procedure act and shall adopt  rules  governing
       A. 11666                            5
    1  the  conduct of adjudicatory proceedings and appeals taken pursuant to a
    2  proceeding commenced under article seventy-eight of the  civil  practice
    3  law  and  rules relating to the assessment of the civil penalties herein
    4  authorized  and  commission denials of requests for certain deletions or
    5  exemptions to be made from a financial disclosure statement  as  author-
    6  ized  in  paragraph  (h)  or  paragraph  (i) of subdivision nine of this
    7  section. Such rules, which shall not be subject to the approval require-
    8  ments of the state administrative procedure act, shall provide  for  due
    9  process  procedural  mechanisms substantially similar to those set forth
   10  in article three of the state  administrative  procedure  act  but  such
   11  mechanisms  need  not  be  identical  in terms or scope. Assessment of a
   12  civil penalty or commission denial of such  a  request  shall  be  final
   13  unless  modified, suspended or vacated within thirty days of imposition,
   14  with respect to the assessment of such penalty, or unless such denial of
   15  request is reversed within such time period,  and  upon  becoming  final
   16  shall  be  subject  to  review at the instance of the affected reporting
   17  individuals in a proceeding commenced against the  commission,  pursuant
   18  to article seventy-eight of the civil practice law and rules.
   19    S  10. Subdivision 11 of section 80 of the legislative law, as amended
   20  by chapter 14 of the laws of 2007, is amended to read as follows:
   21    11. An individual subject to the jurisdiction of  the  commission  who
   22  knowingly  and intentionally violates the provisions of subdivisions two
   23  through five, seven, eight,  twelve,  fourteen  or  fifteen  of  section
   24  seventy-three  of  the public officers law or a reporting individual who
   25  knowingly and wilfully fails to file an annual  statement  of  financial
   26  disclosure  or who knowingly and wilfully with intent to deceive makes a
   27  false statement or gives information which such individual knows  to  be
   28  false  on  such  statement  of  financial  disclosure  filed pursuant to
   29  section seventy-three-a of the public officers law shall be subject to a
   30  civil penalty in an amount not to exceed forty thousand dollars and  the
   31  value  of any gift, compensation or benefit received as a result of such
   32  violation. Any such individual who knowingly and intentionally  violates
   33  the provisions of paragraph b, c, d, [or] i OR J of subdivision three of
   34  section  seventy-four  of  the public officers law shall be subject to a
   35  civil penalty in an amount not to exceed ten thousand  dollars  and  the
   36  value  of any gift, compensation or benefit received as a result of such
   37  violation. Any such individual who knowingly and intentionally  violates
   38  the  provisions  of  paragraph a, e or g of subdivision three of section
   39  seventy-four of the public officers law shall  be  subject  to  a  civil
   40  penalty  in  an  amount  equal to the value of any gift, compensation or
   41  benefit received as a result of such violation. Assessment  of  a  civil
   42  penalty  hereunder  shall  be  made  by  the  commission with respect to
   43  persons subject to its jurisdiction. In  assessing  the  amount  of  the
   44  civil  penalties  to be imposed, the commission shall consider the seri-
   45  ousness of the violation, the amount  of  gain  to  the  individual  and
   46  whether  the  individual  previously had any civil or criminal penalties
   47  imposed pursuant to this section, and any other factors  the  commission
   48  deems  appropriate.  For  a  violation  of  this section, other than for
   49  conduct which constitutes a violation of subdivision twelve, fourteen or
   50  fifteen of section seventy-three or section seventy-four of  the  public
   51  officers  law, the legislative ethics commission may, in lieu of a civil
   52  penalty, refer a violation to the appropriate prosecutor and  upon  such
   53  conviction,  but  only  after  such  referral,  such  violation shall be
   54  punishable as a class A misdemeanor. A civil penalty  for  false  filing
   55  may  not  be  imposed  hereunder  in  the event a category of "value" or
   56  "amount" reported hereunder is incorrect unless such  reported  informa-
       A. 11666                            6
    1  tion  is falsely understated. Notwithstanding any other provision of law
    2  to the contrary, no other penalty, civil or criminal may be imposed  for
    3  a  failure  to  file,  or  for  a  false filing, of such statement, or a
    4  violation  of  section  seventy-three of the public officers law, except
    5  that the appointing authority may impose disciplinary action  as  other-
    6  wise  provided by law. The legislative ethics commission shall be deemed
    7  to be an agency within the meaning of article three of the state  admin-
    8  istrative  procedure  act and shall adopt rules governing the conduct of
    9  adjudicatory proceedings and appeals  taken  pursuant  to  a  proceeding
   10  commenced  under  article  seventy-eight  of  the civil practice law and
   11  rules relating to the assessment of the civil penalties  herein  author-
   12  ized  and  commission  denials  of  requests  for  certain  deletions or
   13  exemptions to be made from a financial disclosure statement  as  author-
   14  ized in paragraph i or paragraph j of subdivision seven of this section.
   15  Such  rules,  which shall not be subject to the promulgation and hearing
   16  requirements of the state administrative procedure  act,  shall  provide
   17  for due process procedural mechanisms substantially similar to those set
   18  forth in such article three but such mechanisms need not be identical in
   19  terms  or  scope.  Assessment of a civil penalty or commission denial of
   20  such a deletion or exemption request shall  be  final  unless  modified,
   21  suspended  or  vacated within thirty days of imposition, with respect to
   22  the assessment of such penalty, or unless  such  denial  of  request  is
   23  reversed  within  such  time  period,  and  upon becoming final shall be
   24  subject to review at the instance of the affected reporting  individuals
   25  in  a  proceeding  commenced  against the legislative ethics commission,
   26  pursuant to article seventy-eight of the civil practice law and rules.
   27    S 11. Section 1-c of the legislative law is amended by  adding  a  new
   28  subdivision (w) to read as follows:
   29    (W) THE TERM "REPORTABLE BUSINESS RELATIONSHIP" SHALL MEAN A RELATION-
   30  SHIP  IN  WHICH  COMPENSATION  IS PAID BY A LOBBYIST OR BY A CLIENT OF A
   31  LOBBYIST, IN EXCHANGE FOR ANY GOODS, SERVICES OR ANYTHING OF VALUE TO BE
   32  PERFORMED OR PROVIDED BY OR INTENDED TO BE PERFORMED OR PROVIDED BY  (I)
   33  ANY STATEWIDE ELECTED OFFICIAL, STATE OFFICER, STATE EMPLOYEE, MEMBER OF
   34  THE  LEGISLATURE OR LEGISLATIVE EMPLOYEE OR (II) ANY ENTITY IN WHICH THE
   35  LOBBYIST OR THE CLIENT OF A LOBBYIST KNOWS OR HAS  REASON  TO  KNOW  THE
   36  STATEWIDE ELECTED OFFICIAL, STATE OFFICER, STATE EMPLOYEE, MEMBER OF THE
   37  LEGISLATURE  OR LEGISLATIVE EMPLOYEE IS A PROPRIETOR, PARTNER, DIRECTOR,
   38  OFFICER OR MANAGER WHO RECEIVES TEN PERCENT OR MORE OF THE PROFITS  FROM
   39  SUCH  ENTITY,  OR  OWNS  OR CONTROLS TEN PERCENT OR MORE OF THE STOCK OF
   40  SUCH ENTITY (OR ONE PERCENT IN THE CASE OF A CORPORATION WHOSE STOCK  IS
   41  REGULARLY TRADED ON AN ESTABLISHED SECURITIES EXCHANGE).
   42    S 12. Subdivision (c) of section 1-e of the legislative law is amended
   43  by adding a new paragraph 8 to read as follows:
   44    (8)  (I)  THE  NAME AND PUBLIC OFFICE ADDRESS OF ANY STATEWIDE ELECTED
   45  OFFICIAL, STATE OFFICER OR EMPLOYEE, MEMBER OF THE LEGISLATURE OR LEGIS-
   46  LATIVE EMPLOYEE AND ENTITY WITH WHOM THE LOBBYIST HAS A REPORTABLE BUSI-
   47  NESS RELATIONSHIP IN EXCESS OF ONE THOUSAND DOLLARS DURING THE REPORTING
   48  PERIOD;
   49    (II) A DESCRIPTION OF THE GENERAL SUBJECT OR SUBJECTS  OF  THE  TRANS-
   50  ACTIONS  BETWEEN  THE  LOBBYIST  OR  LOBBYISTS AND THE STATEWIDE ELECTED
   51  OFFICIAL, STATE OFFICER OR EMPLOYEE, MEMBER OF THE LEGISLATURE OR LEGIS-
   52  LATIVE EMPLOYEE AND ENTITY; AND
   53    (III) THE COMPENSATION, INCLUDING EXPENSES, TO BE PAID  BY  VIRTUE  OF
   54  THE BUSINESS RELATIONSHIP.
   55    S 13. Subdivision (b) of section 1-j of the legislative law is amended
   56  by adding a new paragraph 6 to read as follows:
       A. 11666                            7
    1    (6)  (I)  THE  NAME AND PUBLIC OFFICE ADDRESS OF ANY STATEWIDE ELECTED
    2  OFFICIAL, STATE OFFICER OR EMPLOYEE, MEMBER OF THE LEGISLATURE OR LEGIS-
    3  LATIVE EMPLOYEE AND ENTITY WITH WHOM THE CLIENT  OF  A  LOBBYIST  HAS  A
    4  REPORTABLE  BUSINESS  RELATIONSHIP  IN  EXCESS  OF  FIVE HUNDRED DOLLARS
    5  DURING THE REPORTING PERIOD;
    6    (II)  A  DESCRIPTION  OF THE GENERAL SUBJECT OR SUBJECTS OF THE TRANS-
    7  ACTIONS BETWEEN THE CLIENT OF THE LOBBYIST OR LOBBYISTS AND  THE  STATE-
    8  WIDE ELECTED OFFICIAL, STATE OFFICER OR EMPLOYEE, MEMBER OF THE LEGISLA-
    9  TURE OR LEGISLATIVE EMPLOYEE AND ENTITY; AND
   10    (III)  THE  COMPENSATION,  INCLUDING EXPENSES, TO BE PAID BY VIRTUE OF
   11  THE BUSINESS RELATIONSHIP.
   12    S 14. This act shall take effect immediately, provided  that  sections
   13  eleven, twelve and thirteen of this act shall take effect on the nineti-
   14  eth day after it shall have become a law.
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