S T A T E O F N E W Y O R K ________________________________________________________________________ 382 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sens. RIVERA, SQUADRON -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the public officers law, the executive law and the legislative law, in relation to financial disclosure forms THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 3 of section 73-a of the public officers law, 2 as added by chapter 813 of the laws of 1987, the third and fourth undes- 3 ignated paragraphs of paragraph 3 as added and paragraph 4, subparagraph 4 (a) of paragraph 5, paragraphs 6, 9, 10, 11, subparagraph (b) of para- 5 graph 12 and paragraphs 13, 14, 15, 16, 17, 18 and 19 as amended by 6 chapter 242 of the laws of 1989, is amended to read as follows: 7 3. The annual statement of financial disclosure shall contain the 8 [information and shall be in the form] LANGUAGE set forth hereinbelow: 9 ANNUAL STATEMENT OF FINANCIAL DISCLOSURE - (For calendar year ________) 10 1. Name ______________________________________________________________ 11 2. (a) Title of Position _____________________________________________ 12 (b) Department, Agency or other Governmental Entity _______________ 13 (c) Address of Present Office _____________________________________ 14 (d) Office Telephone Number _______________________________________ 15 3. (a) Marital Status ______________. If married, OR IN A DOMESTIC 16 PARTNERSHIP, please give spouse's OR DOMESTIC PARTNER'S full 17 name including maiden name where applicable. 18 _____________________________________________________________ . 19 (b) List the names of all unemancipated children. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05460-04-1 S. 382 2 1 ____________________________________________________________________ 2 ____________________________________________________________________ 3 ____________________________________________________________________ 4 ____________________________________________________________________ 5 ____________________________________________________________________ 6 Answer each of the following questions completely, with respect to 7 calendar year _________, unless another period or date is otherwise 8 specified. If additional space is needed, attach additional pages. 9 Whenever a "value" or "amount" is required to be reported herein, such 10 value or amount shall be reported as being within one of the following 11 Categories: Category A - under $5,000; Category B - $5,000 to under 12 $20,000; Category C - $20,000 to under [$60,000] $50,000; Category D - 13 [$60,000] $50,000 to under $100,000; Category E - $100,000 to under 14 [$250,000] $150,000; [and] Category F - [$250,000] $150,000 TO UNDER 15 $200,000; CATEGORY G - $200,000 TO UNDER $300,000; CATEGORY H - $300,000 16 TO UNDER $400,000; CATEGORY I - $400,000 TO UNDER $500,000; CATEGORY J - 17 $500,000 TO UNDER $600,000; CATEGORY K - $600,000 TO UNDER $700,000; 18 CATEGORY L - $700,000 TO UNDER $800,000; CATEGORY M - $800,000 TO UNDER 19 $900,000; CATEGORY N - $900,000 TO UNDER $1,000,000; AND CATEGORY O - 20 $1,000,000 or over. A reporting individual shall indicate the Category 21 by letter only. 22 Whenever "income" is required to be reported herein, the term "income" 23 shall mean the aggregate net income before taxes from the source identi- 24 fied. 25 The term "calendar year" shall mean the year ending the December 31st 26 preceding the date of filing of the annual statement. 27 4. (a) List any office, trusteeship, directorship, partnership, or 28 position of any nature, whether compensated or not, held by the 29 reporting individual with any firm, corporation, association, part- 30 nership, or other organization other than the State of New York. 31 Include compensated honorary positions; do NOT list membership or 32 uncompensated honorary positions. If the listed entity was licensed 33 by any state or local agency, was regulated by any state regulatory 34 agency or local agency, or, as a regular and significant part of the 35 business or activity of said entity, did business with, or had 36 matters other than ministerial matters before, any state or local 37 agency, list the name of any such agency. 38 State or 39 Position Organization Local Agency 40 ____________________________________________________________________ 41 ____________________________________________________________________ 42 ____________________________________________________________________ 43 ____________________________________________________________________ 44 ____________________________________________________________________ 45 (b) List any office, trusteeship, directorship, partnership, or position 46 of any nature, whether compensated or not, held by the spouse, 47 DOMESTIC PARTNER or unemancipated child of the reporting individual, 48 with any firm, corporation, association, partnership, or other 49 organization other than the State of New York. Include compensated 50 honorary positions; do NOT list membership or uncompensated honorary S. 382 3 1 positions. If the listed entity was licensed by any state or local 2 agency, was regulated by any state regulatory agency or local agen- 3 cy, or, as a regular and significant part of the business or activ- 4 ity of said entity, did business with, or had matters other than 5 ministerial matters before, any state or local agency, list the name 6 of any such agency. 7 State or 8 Position Organization Local Agency 9 ____________________________________________________________________ 10 ____________________________________________________________________ 11 ____________________________________________________________________ 12 ____________________________________________________________________ 13 ____________________________________________________________________ 14 5. (a) List the name, address and description of any [occupation,] 15 employment (other than the employment listed under Item 2 above), 16 trade, business [or], profession OR OCCUPATION engaged in by the 17 reporting individual. If such activity was licensed by any state or 18 local agency[,] OR was regulated by any state regulatory agency or 19 local agency, [or, as a regular and significant part of the business 20 or activity of said entity, did business with, or had matters other 21 than ministerial matters before, any state or local agency,] list 22 the name of any such agency. 23 State or 24 Name & Address Local 25 Position of Organization Description Agency 26 ____________________________________________________________________ 27 ____________________________________________________________________ 28 ____________________________________________________________________ 29 ____________________________________________________________________ 30 ____________________________________________________________________ 31 (b) IF THE REPORTING INDIVIDUAL DID BUSINESS WITH OR HAD MATTERS OTHER 32 THAN MINISTERIAL MATTERS BEFORE ANY STATE OR LOCAL AGENCY IN THE 33 COURSE OF ANY EMPLOYMENT, TRADE, BUSINESS, PROFESSION OR OCCUPATION 34 ENGAGED IN BY THE REPORTING INDIVIDUAL, LIST THE NAME AND ADDRESS OF 35 THE ENTITY, A BRIEF DESCRIPTION OF THE ACTIVITY AND THE NAME OF ANY 36 SUCH AGENCY. 37 STATE OR 38 NAME & ADDRESS LOCAL 39 OF ORGANIZATION DESCRIPTION AGENCY 40 ____________________________________________________________________ 41 ____________________________________________________________________ 42 ____________________________________________________________________ 43 ____________________________________________________________________ 44 ____________________________________________________________________ 45 (C) If the spouse, DOMESTIC PARTNER or unemancipated child of the 46 reporting individual was engaged in any occupation, employment, 47 trade, business or profession which activity was licensed by any 48 state or local agency, was regulated by any state regulatory agency S. 382 4 1 or local agency, or, as a regular and significant part of the busi- 2 ness or activity of said entity, did business with, or had matters 3 other than ministerial matters before, any state or local agency, 4 list the name, address and description of such occupation, employ- 5 ment, trade, business or profession and the name of any such agency. 6 State or 7 Name & Address Local 8 Position of Organization Description Agency 9 ____________________________________________________________________ 10 ____________________________________________________________________ 11 ____________________________________________________________________ 12 ____________________________________________________________________ 13 ____________________________________________________________________ 14 6. List any interest, in EXCESS of $1,000, held by the reporting indi- 15 vidual, such individual's spouse, SUCH INDIVIDUAL'S DOMESTIC PARTNER 16 or unemancipated child, or partnership of which any such person is a 17 member, or corporation, 10% or more of the stock of which is owned 18 or controlled by any such person, whether vested or contingent, in 19 any contract made or executed by a state or local agency and include 20 the name of the entity which holds such interest and the relation- 21 ship of the reporting individual or such individual's spouse, SUCH 22 INDIVIDUAL'S DOMESTIC PARTNER or such child to such entity and the 23 interest in such contract. Do NOT include bonds and notes. Do NOT 24 list any interest in any such contract on which final payment has 25 been made and all obligations under the contract except for guaran- 26 tees and warranties have been performed, provided, however, that 27 such an interest must be listed if there has been an ongoing dispute 28 during the calendar year for which this statement is filed with 29 respect to any such guarantees or warranties. Do NOT list any inter- 30 est in a contract made or executed by a local agency after public 31 notice and pursuant to a process for competitive bidding or a proc- 32 ess for competitive requests for proposals. 33 Entity Relationship Contracting Category 34 Self, Which Held to Entity State or of 35 Spouse, Interest in and Interest Local Value of 36 DOMESTIC Contract in Contract Agency Contract 37 PARTNER, 38 or Child 39 ____________________________________________________________________ 40 ____________________________________________________________________ 41 ____________________________________________________________________ 42 ____________________________________________________________________ 43 ____________________________________________________________________ 44 7. List any position the reporting individual held as an officer of any 45 political party or political organization, as a member of any poli- 46 tical party committee, or as a political party district leader. The 47 term "party" shall have the same meaning as "party" in the election 48 law. The term "political organization" means any party or independ- 49 ent body as defined in the election law or any organization that is 50 affiliated with or a subsidiary of a party or independent body. S. 382 5 1 ____________________________________________________________________ 2 ____________________________________________________________________ 3 ____________________________________________________________________ 4 ____________________________________________________________________ 5 ____________________________________________________________________ 6 8. (a) If the reporting individual practices law, [is licensed by the 7 department of state as a real estate broker or agent or practices a 8 profession licensed by the department of education, give] LIST THE 9 NAME AND ADDRESS OF EACH CLIENT, PERSON OR ENTITY FOR WHOM LEGAL OR 10 CONSULTING SERVICES WERE RENDERED; THE VALUE OF THE COMPENSATION FOR 11 THE TAXABLE YEAR LAST OCCURRING PRIOR TO THE DATE OF FILING, AND a 12 general description of the [principal subject areas of matters 13 undertaken by such individual] SERVICES RENDERED. [Additionally, if 14 such an] IN ADDITION, IF THE REPORTING individual practices LAW OR 15 PROVIDES CONSULTING SERVICES with a LAW firm or [corporation and is 16 a partner or shareholder of the firm or corporation] BUSINESS 17 ENTITY, [give] PROVIDE a general description of THE principal 18 subject areas of matters undertaken by such LAW firm or [corpo- 19 ration] BUSINESS ENTITY. Do not list the [name of the individual 20 clients, customers or patients] VALUE OF COMPENSATION IF THE 21 SERVICES RENDERED INVOLVE A CONTINGENCY FEE AS PROVIDED BY LAW. 22 CLIENT/ SERVICES PRINCIPAL CATEGORY 23 PERSON/OR ADDRESS RENDERED SUBJECT AREA OF VALUE 24 ENTITY 25 ____________________________________________________________________ 26 ____________________________________________________________________ 27 ____________________________________________________________________ 28 ____________________________________________________________________ 29 ____________________________________________________________________ 30 (b) [List the name, principal address and general description or the 31 nature of the business activity of any entity in which the reporting 32 individual or such individual's spouse had an investment in excess 33 of $1,000 excluding investments in securities and interests in real 34 property] IF THE REPORTING INDIVIDUAL PRACTICES LAW AND IS A PARTNER 35 OR SHAREHOLDER OF A LAW FIRM OR CORPORATION ("LAW FIRM"), LIST THE 36 NAME AND ADDRESS OF EACH CLIENT OF SUCH LAW FIRM THAT IS A CORPO- 37 RATION, PARTNERSHIP, JOINT VENTURE, SOLE PROPRIETORSHIP, ASSOCI- 38 ATION, BUSINESS OR COMMERCIAL ENTITY OR ORGANIZATION FROM WHOM 39 COMPENSATION IS RECEIVED BY SUCH LAW FIRM IN EXCESS OF $5,000 FOR 40 THE TAXABLE YEAR LAST OCCURRING PRIOR TO THE DATE OF FILING; THE 41 VALUE OF THE COMPENSATION; AND A GENERAL DESCRIPTION OF THE SERVICES 42 RENDERED OR CONSIDERATION GIVEN IN EXCHANGE FOR THE COMPENSATION. DO 43 NOT LIST CLIENTS OR COMPENSATION REQUIRED TO BE REPORTED IN ITEM 44 8(A) ABOVE. 45 CLIENT ADDRESS SERVICES/ CATEGORY 46 CONSIDERATION OF VALUE 47 ____________________________________________________________________ 48 ____________________________________________________________________ 49 ____________________________________________________________________ 50 ____________________________________________________________________ 51 ____________________________________________________________________ 52 (C) IF THE REPORTING INDIVIDUAL IS LICENSED BY THE DEPARTMENT OF STATE 53 AS A REAL ESTATE BROKER OR AGENT, PRACTICES A PROFESSION LICENSED BY 54 THE DEPARTMENT OF EDUCATION OR PERFORMS CONSULTING SERVICES, LIST 55 THE NAME AND ADDRESS OF EACH CLIENT FROM WHOM COMPENSATION HAS BEEN S. 382 6 1 RECEIVED BY SUCH REPORTING INDIVIDUAL FOR A VALUE IN EXCESS OF 2 $1,000 FOR THE TAXABLE YEAR LAST OCCURRING PRIOR TO THE DATE OF 3 FILING; THE VALUE OF THE COMPENSATION RECEIVED FROM EACH CLIENT; AND 4 A GENERAL DESCRIPTION OF THE SERVICES RENDERED OR CONSIDERATION 5 GIVEN IN EXCHANGE FOR THE COMPENSATION. DO NOT LIST THE NAMES OF 6 CLIENTS OF CONSULTING OR OTHER SERVICES RENDERED AS PART OF ANY 7 PRACTICE OR ACTIVITY REQUIRED TO BE REPORTED IN ITEM 8(A) ABOVE. 8 CLIENT ADDRESS SERVICES/CONSIDERATION CATEGORY OF VALUE 9 ____________________________________________________________________ 10 ____________________________________________________________________ 11 ____________________________________________________________________ 12 ____________________________________________________________________ 13 (D) IF THE REPORTING INDIVIDUAL RECEIVED COMPENSATION FROM A CORPO- 14 RATION, PARTNERSHIP, JOINT VENTURE, SOLE PROPRIETORSHIP, ASSOCI- 15 ATION, BUSINESS OR COMMERCIAL ENTITY OR ORGANIZATION ("COMPENSATING 16 ENTITY") AND THE REPORTING INDIVIDUAL SOLICITED BUSINESS OF ANOTHER 17 CORPORATION, PARTNERSHIP, JOINT VENTURE, SOLE PROPRIETORSHIP, ASSO- 18 CIATION, BUSINESS OR COMMERCIAL ENTITY OR ORGANIZATION ("THIRD-PARTY 19 ENTITY") FOR COMPENSATION, FEES OR OTHER CONSIDERATION PAID TO THE 20 COMPENSATING ENTITY IN EXCESS OF $1,000 FOR THE TAXABLE YEAR LAST 21 OCCURRING PRIOR TO THE DATE OF FILING, LIST THE NAME AND BUSINESS 22 ADDRESS OF, AND THE VALUE OF THE COMPENSATION, FEES OR OTHER CONSID- 23 ERATION PAID BY, THE THIRD-PARTY ENTITY TO THE COMPENSATING ENTITY. 24 ALSO, LIST THE NAME AND ADDRESS OF THE COMPENSATING ENTITY AND GIVE 25 A GENERAL DESCRIPTION OF THE SERVICES RENDERED OR CONSIDERATION 26 GIVEN BY THE COMPENSATING ENTITY TO THE THIRD-PARTY ENTITY IN 27 EXCHANGE FOR SUCH COMPENSATION. 28 COMPENSATING THIRD PARTY SERVICES/ CATEGORY 29 ENTITY/ ADDRESS ENTITY/ADDRESS CONSIDERATION OF VALUE 30 ____________________________________________________________________ 31 ____________________________________________________________________ 32 ____________________________________________________________________ 33 ____________________________________________________________________ 34 (E) IF THE REPORTING INDIVIDUAL OR THE INDIVIDUAL'S SPOUSE OR THE INDI- 35 VIDUAL'S DOMESTIC PARTNER HAD AN INVESTMENT IN EXCESS OF $1,000 FOR 36 THE TAXABLE YEAR LAST OCCURRING PRIOR TO THE DATE OF FILING, LIST 37 THE NAME, PRINCIPAL ADDRESS AND GENERAL DESCRIPTION OR THE NATURE OF 38 THE BUSINESS ACTIVITY AND THE CATEGORY OF VALUE OF SUCH INVESTMENT. 39 DO NOT LIST INVESTMENTS IN SECURITIES OR REAL PROPERTY. 40 INVESTMENT ADDRESS GENERAL DESCRIPTION, CATEGORY 41 OR NATURE OF BUSINESS OF VALUE 42 ____________________________________________________________________ 43 ____________________________________________________________________ 44 ____________________________________________________________________ 45 ____________________________________________________________________ 46 9. List each source of gifts, EXCLUDING campaign contributions, in 47 EXCESS of $1,000, received during the reporting period for which 48 this statement is filed by the reporting individual or such individ- 49 ual's spouse, SUCH INDIVIDUAL'S DOMESTIC PARTNER or unemancipated 50 child from the same donor, EXCLUDING gifts from a relative. INCLUDE S. 382 7 1 the name and address of the donor. The term "gifts" does not include 2 reimbursements, which term is defined in item 10. Indicate the 3 value and nature of each such gift. 4 Category 5 Self, of 6 Spouse, Name of Nature Value of 7 DOMESTIC Donor Address of Gift Gift 8 PARTNER, 9 or Child 10 ____________________________________________________________________ 11 ____________________________________________________________________ 12 ____________________________________________________________________ 13 ____________________________________________________________________ 14 ____________________________________________________________________ 15 10. Identify and briefly describe the source of any reimbursements for 16 expenditures, EXCLUDING campaign expenditures and expenditures in 17 connection with official duties reimbursed by the state, in EXCESS 18 of $1,000 from each such source. For purposes of this item, the term 19 "reimbursements" shall mean any travel-related expenses provided by 20 nongovernmental sources and for activities related to the reporting 21 individual's official duties such as, speaking engagements, confer- 22 ences, or factfinding events. The term "reimbursements" does NOT 23 include gifts reported under item 9. 24 Source Description 25 ____________________________________________________________________ 26 ____________________________________________________________________ 27 ____________________________________________________________________ 28 ____________________________________________________________________ 29 ____________________________________________________________________ 30 11. List the identity and value, if reasonably ascertainable, of each 31 interest in a trust, estate or other beneficial interest, including 32 retirement plans (other than retirement plans of the state of New 33 York or the city of New York[,]) and deferred compensation plans 34 (e.g., 401, 403(b), 457, etc.) established in accordance with the 35 internal revenue code, in which the REPORTING INDIVIDUAL held a 36 beneficial interest in EXCESS of $1,000 at any time during the 37 preceding year. Do NOT report interests in a trust, estate or other 38 beneficial interest established by or for, or the estate of, a rela- 39 tive. 40 Category 41 Identity of Value* 42 ____________________________________________________________________ 43 ____________________________________________________________________ 44 ____________________________________________________________________ 45 ____________________________________________________________________ 46 ____________________________________________________________________ 47 * The value of such interest shall be reported only if reasonably 48 ascertainable. S. 382 8 1 12. (a) Describe the terms of, and the parties to, any contract, prom- 2 ise, or other agreement between the reporting individual and any 3 person, firm, or corporation with respect to the employment of such 4 individual after leaving office or position (other than a leave of 5 absence). 6 ____________________________________________________________________ 7 ____________________________________________________________________ 8 ____________________________________________________________________ 9 ____________________________________________________________________ 10 ____________________________________________________________________ 11 (b) Describe the parties to and the terms of any agreement providing 12 for continuation of payments or benefits to the REPORTING INDIVIDUAL 13 in EXCESS of $1,000 from a prior employer OTHER THAN the State. 14 (This includes interests in or contributions to a pension fund, 15 profit-sharing plan, or life or health insurance; buy-out agree- 16 ments; severance payments; etc.) 17 ____________________________________________________________________ 18 ____________________________________________________________________ 19 ____________________________________________________________________ 20 ____________________________________________________________________ 21 ____________________________________________________________________ 22 13. List below the nature and amount of any income in EXCESS of $1,000 23 from EACH SOURCE for the reporting individual and such individual's 24 spouse OR SUCH INDIVIDUAL'S DOMESTIC PARTNER for the taxable year 25 last occurring prior to the date of filing. Nature of income 26 includes, but is not limited to, all income [(other than that 27 received from the employment listed under Item 2 above)] from 28 compensated employment whether public or private, directorships and 29 other fiduciary positions, contractual arrangements, teaching 30 income, partnerships, honorariums, lecture fees, consultant fees, 31 bank and bond interest, dividends, income derived from a trust, real 32 estate rents, and recognized gains from the sale or exchange of real 33 or other property. Income from a business or profession and real 34 estate rents shall be reported with the source identified by the 35 building address in the case of real estate rents and otherwise by 36 the name of the [entity and not by the name of the] individual 37 customers[,] OR clients [or tenants], with the aggregate net income 38 before taxes for each building address or [entity] CLIENT. [The] A 39 SOURCE IS IDENTIFIED AS THE ORIGINAL PAYER OF COMPENSATION TO THE 40 REPORTING INDIVIDUAL OR AN ENTITY ESTABLISHED BY THE REPORTING INDI- 41 VIDUAL, NOT AN INTERMEDIARY ENTITY ESTABLISHED BY THE REPORTING 42 INDIVIDUAL TO RECEIVE SUCH COMPENSATION. DO NOT LIST COMPENSATION 43 RECEIVED FROM THE EMPLOYMENT LISTED UNDER ITEM 2 ABOVE, OR CLIENTS 44 AND COMPENSATION REQUIRED TO BE REPORTED IN ITEMS 8(A), 8(B) OR 8(C) 45 ABOVE, OR THE receipt of maintenance received in connection with a 46 matrimonial action, alimony and child support payments [shall not be 47 listed]. 48 Self/ 49 Spouse, OR 50 DOMESTIC Category 51 PARTNER Source Nature of Amount S. 382 9 1 ____________________________________________________________________ 2 ____________________________________________________________________ 3 ____________________________________________________________________ 4 ____________________________________________________________________ 5 ____________________________________________________________________ 6 14. List the sources of any deferred income (not retirement income) in 7 EXCESS of $1,000 from each source to be paid to the reporting indi- 8 vidual following the close of the calendar year for which this 9 disclosure statement is filed, other than deferred compensation 10 reported in item 11 hereinabove. Deferred income derived from the 11 practice of a profession shall be listed in the aggregate and shall 12 identify as the source, the name of the firm, corporation, partner- 13 ship or association through which the income was derived, but shall 14 not identify individual clients. 15 Category 16 Source of Amount 17 ____________________________________________________________________ 18 ____________________________________________________________________ 19 ____________________________________________________________________ 20 ____________________________________________________________________ 21 ____________________________________________________________________ 22 15. List each assignment of income in EXCESS of $1,000, and each trans- 23 fer other than to a relative during the reporting period for which 24 this statement is filed for less than fair consideration of an 25 interest in a trust, estate or other beneficial interest, securities 26 or real property, by the reporting individual, in excess of $1,000, 27 which would otherwise be required to be reported herein and is not 28 or has not been so reported. 29 Item Assigned Assigned or Category 30 or Transferred Transferred to of Value 31 ____________________________________________________________________ 32 ____________________________________________________________________ 33 ____________________________________________________________________ 34 ____________________________________________________________________ 35 ____________________________________________________________________ 36 16. List below the type and market value of securities held by the 37 reporting individual [or], such individual's spouse OR THE REPORTING 38 INDIVIDUAL'S DOMESTIC PARTNER from each issuing entity in EXCESS of 39 $1,000 at the close of the taxable year last occurring prior to the 40 date of filing, including the name of the issuing entity exclusive 41 of securities held by the reporting individual issued by a profes- 42 sional corporation. Whenever an interest in securities exists 43 through a beneficial interest in a trust, the securities held in 44 such trust shall be listed ONLY IF the reporting individual has 45 knowledge thereof except where the reporting individual [or], the 46 reporting individual's spouse OR THE REPORTING INDIVIDUAL'S DOMESTIC 47 PARTNER has transferred assets to such trust for his or her benefit 48 in which event such securities shall be listed unless they are not S. 382 10 1 ascertainable by the reporting individual because the trustee is 2 under an obligation or has been instructed in writing not to 3 disclose the contents of the trust to the reporting individual. 4 Securities of which the reporting individual [or], the reporting 5 individual's spouse OR THE REPORTING INDIVIDUAL'S DOMESTIC PARTNER 6 is the owner of record but in which such individual [or], the 7 reporting individual's spouse OR THE REPORTING INDIVIDUAL'S DOMESTIC 8 PARTNER has no beneficial interest shall not be listed. Indicate 9 percentage of ownership ONLY if the reporting person [or], the 10 reporting person's spouse OR THE REPORTING INDIVIDUAL'S DOMESTIC 11 PARTNER holds more than five percent (5%) of the stock of a corpo- 12 ration in which the stock is publicly traded or more than ten 13 percent (10%) of the stock of a corporation in which the stock is 14 NOT publicly traded. Also list securities owned for investment 15 purposes by a corporation more than fifty percent (50%) of the stock 16 of which is owned or controlled by the reporting individual [or], 17 such individual's spouse OR SUCH INDIVIDUAL'S DOMESTIC PARTNER. For 18 the purpose of this item the term "securities" shall mean mutual 19 funds, bonds, mortgages, notes, obligations, warrants and stocks of 20 any class, investment interests in limited or general partnerships 21 and certificates of deposits (CDs) and such other evidences of 22 indebtedness and certificates of interest as are usually referred to 23 as securities. The market value for such securities shall be 24 reported only if reasonably ascertainable and shall not be reported 25 if the security is an interest in a general partnership that was 26 listed in item 8 (a) or if the security is corporate stock, NOT 27 publicly traded, in a trade or business of a reporting individual 28 [or], a reporting individual's spouse OR A REPORTING INDIVIDUAL'S 29 DOMESTIC PARTNER. 30 Percentage 31 of corporate 32 stock owned 33 or controlled Category of 34 (if more than Market Value 35 5% of pub- as of the close 36 licly traded of the 37 stock, or taxable year 38 more than last occurring 39 10% if stock prior to 40 Self/ Issuing Type of not publicly the filing of 41 Spouse, Entity Security traded, is held) this statement 42 OR 43 DOMESTIC 44 PARTNER 45 ____________________________________________________________________ 46 ____________________________________________________________________ 47 ____________________________________________________________________ 48 ____________________________________________________________________ 49 ____________________________________________________________________ 50 17. List below the location, size, general nature, acquisition date, 51 market value and percentage of ownership of any real property in 52 which any vested or contingent interest in EXCESS of $1,000 is held 53 by the reporting individual [or], the reporting individual's spouse S. 382 11 1 OR THE REPORTING INDIVIDUAL'S DOMESTIC PARTNER. Also list real prop- 2 erty owned for investment purposes by a corporation more than fifty 3 percent 50% of the stock of which is owned or controlled by the 4 reporting individual [or], such individual's spouse OR THE REPORTING 5 INDIVIDUAL'S DOMESTIC PARTNER. Do NOT list any real property which 6 is the primary or secondary personal residence of the reporting 7 individual [or], the reporting individual's spouse OR THE REPORTING 8 INDIVIDUAL'S DOMESTIC PARTNER, except where there is a co-owner who 9 is other than a relative. 10 Self/ 11 Spouse Category 12 DOMESTIC Percentage of 13 PARTNER/ General Acquisition of Market 14 Corporation Location Size Nature Date Ownership Value 15 ____________________________________________________________________ 16 ____________________________________________________________________ 17 ____________________________________________________________________ 18 ____________________________________________________________________ 19 ____________________________________________________________________ 20 18. List below all notes and accounts receivable, other than from goods 21 or services sold, held by the reporting individual at the close of 22 the taxable year last occurring prior to the date of filing and 23 other debts owed to such individual at the close of the taxable year 24 last occurring prior to the date of filing, in EXCESS of $1,000, 25 including the name of the debtor, type of obligation, date due and 26 the nature of the collateral securing payment of each, if any, 27 excluding securities reported in item 16 hereinabove. Debts, notes 28 and accounts receivable owed to the individual by a relative shall 29 not be reported. 30 Type of Obligation, Category 31 Date Due, and Nature of 32 Name of Debtor of Collateral, if any Amount 33 ____________________________________________________________________ 34 ____________________________________________________________________ 35 ____________________________________________________________________ 36 ____________________________________________________________________ 37 ____________________________________________________________________ 38 19. List below all liabilities of the reporting individual and such 39 individual's spouse[,] OR SUCH INDIVIDUAL'S DOMESTIC PARTNER in 40 EXCESS of $5,000 as of the date of filing of this statement, other 41 than liabilities to a relative. Do NOT list liabilities incurred by, 42 or guarantees made by, the reporting individual [or], such individ- 43 ual's spouse OR SUCH INDIVIDUAL'S DOMESTIC PARTNER or by any 44 proprietorship, partnership or corporation in which the reporting 45 individual [or], such individual's spouse OR SUCH INDIVIDUAL'S 46 DOMESTIC PARTNER has an interest, when incurred or made in the ordi- 47 nary course of the trade, business or professional practice of the 48 reporting individual [or], such individual's spouse OR SUCH INDIVID- 49 UAL'S DOMESTIC PARTNER. Include the name of the creditor and any 50 collateral pledged by such individual to secure payment of any such S. 382 12 1 liability. A reporting individual shall not list any obligation to 2 pay maintenance in connection with a matrimonial action, alimony or 3 child support payments. Any loan issued in the ordinary course of 4 business by a financial institution to finance educational costs, 5 the cost of home purchase or improvements for a primary or secondary 6 residence, or purchase of a personally owned motor vehicle, house- 7 hold furniture or appliances shall be excluded. If any such report- 8 able liability has been guaranteed by any third person, list the 9 liability and name the guarantor. 10 Category 11 Name of Creditor Type of Liability of 12 or Guarantor and Collateral, if any Amount 13 ____________________________________________________________________ 14 ____________________________________________________________________ 15 ____________________________________________________________________ 16 ____________________________________________________________________ 17 ____________________________________________________________________ 18 The requirements of law relating to the reporting of financial 19 interests are in the public interest and no adverse inference of 20 unethical or illegal conduct or behavior will be drawn merely from 21 compliance with these requirements. 22 ___________________________________ _________________________ 23 (Signature of Reporting Individual) Date (month/day/year) 24 S 2. The public officers law is amended by adding a new section 74-b 25 to read as follows: 26 S 74-B. REPORTS OF BUSINESS DEALINGS WITH LOBBYISTS. 1. A PUBLIC OFFI- 27 CER WHO IS SUBJECT TO THE JURISDICTION OF THE RELEVANT ETHICS COMMISSION 28 WHO RETAINS, EMPLOYS, DESIGNATES OR OTHERWISE DOES BUSINESS WITH A 29 LOBBYIST OR LOBBYISTS SHALL, WITHIN THIRTY DAYS OF THE DATE UPON WHICH 30 SUCH BUSINESS DEALINGS COMMENCE, FILE WITH THE EXECUTIVE ETHICS AND 31 COMPLIANCE COMMISSION A REPORT OF SUCH BUSINESS DEALINGS. SUCH REPORTS 32 SHALL BE FILED ON FORMS SUPPLIED BY SUCH COMMISSION AND SHALL CONTAIN: 33 (A) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE PUBLIC OFFICER; 34 (B) THE NAME, ADDRESS AND TELEPHONE NUMBER OF EACH LOBBYIST RETAINED, 35 EMPLOYED OR DESIGNATED BY SUCH PUBLIC OFFICER OR WITH WHOM SUCH PUBLIC 36 OFFICER DID BUSINESS; 37 (C) A DESCRIPTION OF THE GENERAL SUBJECT OR SUBJECTS OF THE TRANS- 38 ACTIONS BETWEEN THE PUBLIC OFFICER AND THE LOBBYIST OR LOBBYISTS; AND 39 (D) THE COMPENSATION, INCLUDING EXPENSES, TO BE PAID BY VIRTUE OF THE 40 BUSINESS DEALINGS. 41 2. A LEGISLATOR OR LEGISLATIVE EMPLOYEE WHO RETAINS, EMPLOYS, DESIG- 42 NATES OR OTHERWISE DOES BUSINESS WITH A LOBBYIST OR LOBBYISTS SHALL, 43 WITHIN THIRTY DAYS OF THE DATE UPON WHICH SUCH BUSINESS DEALINGS 44 COMMENCE, FILE WITH THE JOINT LEGISLATIVE COMMISSION ON ETHICS STANDARDS 45 A REPORT OF SUCH BUSINESS DEALINGS. SUCH REPORTS SHALL BE FILED ON FORMS 46 SUPPLIED BY SUCH COMMISSION AND SHALL CONTAIN: 47 (A) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE PUBLIC OFFICER; 48 (B) THE NAME, ADDRESS AND TELEPHONE NUMBER OF EACH LOBBYIST RETAINED, 49 EMPLOYED OR DESIGNATED BY SUCH PUBLIC OFFICER OR WITH WHOM SUCH PUBLIC 50 OFFICER DID BUSINESS; S. 382 13 1 (C) A DESCRIPTION OF THE GENERAL SUBJECT OR SUBJECTS OF THE TRANS- 2 ACTIONS BETWEEN THE PUBLIC OFFICER AND THE LOBBYIST OR LOBBYISTS; AND 3 (D) THE COMPENSATION, INCLUDING EXPENSES, TO BE PAID BY VIRTUE OF THE 4 BUSINESS DEALINGS. 5 3. ALL SUCH REPORTS SHALL BE SUBJECT TO REVIEW BY THE RELEVANT ETHICS 6 COMMISSION. 7 4. SUCH REPORTS SHALL BE KEPT ON FILE FOR A PERIOD OF THREE YEARS, 8 SHALL BE OPEN TO PUBLIC INSPECTION DURING SUCH PERIOD AND ACCESS TO SUCH 9 INFORMATION SHALL ALSO BE MADE AVAILABLE FOR REMOTE COMPUTER USERS 10 THROUGH THE INTERNET NETWORK. 11 S 3. Subdivision 9 of section 94 of the executive law is amended by 12 adding a new paragraph (n) to read as follows: 13 (N) A STATEWIDE ELECTED OFFICIAL, STATE OFFICER OR EMPLOYEE OR CANDI- 14 DATE FOR STATEWIDE ELECTED OFFICE MAY NOT DISCLOSE INFORMATION REGARDING 15 A CLIENT, PERSON, OR ENTITY REQUIRED UNDER THE ANNUAL STATEMENT OF 16 FINANCIAL DISCLOSURE PURSUANT TO SUBPARAGRAPH (A), (B) OR (C) OF PARA- 17 GRAPH EIGHT OF SUBDIVISION THREE OF SECTION SEVENTY-THREE-A OF THE 18 PUBLIC OFFICERS LAW, IF SUCH DISCLOSURE OF THE CLIENT, PERSON, OR ENTI- 19 TY'S REQUIRED INFORMATION WOULD VIOLATE A LEGALLY RECOGNIZED PRIVILEGE 20 UNDER NEW YORK LAW OR WITHIN THE PURVIEW OF THE ATTORNEY-CLIENT PRIVI- 21 LEGE, DISCLOSURE WOULD CREATE AN UNREASONABLE HARDSHIP, IN THAT SUCH 22 DISCLOSURE WOULD CONVEY THE SUBSTANCE OF A CONFIDENTIAL COMMUNICATION 23 BETWEEN CLIENT AND ATTORNEY. SUCH A CLIENT, PERSON, OR ENTITY'S 24 REQUIRED INFORMATION UNDER SUBPARAGRAPH (A), (B) OR (C) OF PARAGRAPH 25 EIGHT OF SUBDIVISION THREE OF SECTION SEVENTY-THREE-A OF THE PUBLIC 26 OFFICERS LAW MAY BE WITHHELD IN ACCORDANCE WITH THE FOLLOWING PROCEDURE: 27 (I) A STATEWIDE ELECTED OFFICIAL, STATE OFFICER OR EMPLOYEE OR CANDI- 28 DATE FOR STATEWIDE ELECTED OFFICE WHO BELIEVES THAT A CLIENT, PERSON, OR 29 ENTITY'S REQUIRED INFORMATION UNDER THE ANNUAL STATEMENT OF FINANCIAL 30 DISCLOSURE PURSUANT TO SUBPARAGRAPH (A), (B) OR (C) OF PARAGRAPH EIGHT 31 OF SUBDIVISION THREE OF SECTION SEVENTY-THREE-A OF THE PUBLIC OFFICERS 32 LAW IS PROTECTED BY A LEGALLY RECOGNIZED PRIVILEGE OR UNREASONABLE HARD- 33 SHIP MAY DECLINE TO REPORT THE REQUIRED INFORMATION, BUT SHALL FILE WITH 34 HIS OR HER ANNUAL STATEMENT OF FINANCIAL DISCLOSURE AN EXPLANATION FOR 35 SUCH NONDISCLOSURE. THE EXPLANATION SHALL SEPARATELY STATE FOR EACH 36 UNDISCLOSED CLIENT, PERSON, OR ENTITY, THE LEGAL BASIS FOR ASSERTION OF 37 THE PRIVILEGE OR UNREASONABLE HARDSHIP AND, AS SPECIFICALLY AS POSSIBLE 38 WITHOUT DEFEATING THE PRIVILEGE OR UNREASONABLE HARDSHIP, FACTS WHICH 39 DEMONSTRATE WHY THE PRIVILEGE OR UNREASONABLE HARDSHIP IS APPLICABLE. 40 (II) WITH RESPECT TO EACH UNDISCLOSED CLIENT, PERSON, OR ENTITY, THE 41 STATEWIDE ELECTED OFFICIAL, STATE OFFICER OR EMPLOYEE OR CANDIDATE FOR 42 STATEWIDE ELECTED OFFICE SHALL STATE THAT TO THE BEST OF HIS OR HER 43 KNOWLEDGE HE OR SHE HAS NOT AND WILL NOT MAKE, PARTICIPATE IN MAKING, OR 44 IN ANY WAY ATTEMPT TO USE AN OFFICIAL POSITION TO INFLUENCE A GOVERN- 45 MENTAL DECISION WHEN TO DO SO CONSTITUTED OR WOULD CONSTITUTE A CRIME OR 46 VIOLATION OF ANY LOCAL, STATE OR FEDERAL LAW. 47 (III) THE EXECUTIVE DIRECTOR MAY REQUEST FURTHER INFORMATION FROM THE 48 STATEWIDE ELECTED OFFICIAL, STATE OFFICER OR EMPLOYEE OR CANDIDATE FOR 49 STATEWIDE ELECTED OFFICE AND, IF NO LEGAL OR FACTUAL JUSTIFICATION 50 SUFFICIENT TO SUPPORT ASSERTION OF THE PRIVILEGE OR UNREASONABLE HARD- 51 SHIP IS SHOWN, MAY ORDER THAT THE DISCLOSURE REQUIRED BY THE ANNUAL 52 STATEMENT OF FINANCIAL DISCLOSURE PURSUANT TO SUBPARAGRAPH (A), (B) OR 53 (C) OF PARAGRAPH EIGHT OF SUBDIVISION THREE OF SECTION SEVENTY-THREE-A 54 OF THE PUBLIC OFFICERS LAW BE MADE. THE STATEWIDE ELECTED OFFICIAL, 55 STATE OFFICER OR EMPLOYEE OR CANDIDATE FOR STATEWIDE ELECTED OFFICE 56 SHALL, WITHIN FOURTEEN DAYS AFTER RECEIPT OF AN ORDER FROM THE EXECUTIVE S. 382 14 1 DIRECTOR, EITHER COMPLY WITH THE ORDER OR, IF HE OR SHE WANTS TO CHAL- 2 LENGE THE DETERMINATION OF THE EXECUTIVE DIRECTOR APPEAL THE DETERMI- 3 NATION, IN WRITING, TO THE COMMISSION. THE EXECUTIVE DIRECTOR MAY, FOR 4 GOOD CAUSE, EXTEND ANY OF THE TIME FOR A PERIOD OF FOURTEEN DAYS. 5 (IV) IF THE EXECUTIVE DIRECTOR DETERMINES THAT NONDISCLOSURE IS JUSTI- 6 FIED BECAUSE OF THE EXISTENCE OF A PRIVILEGE OR UNREASONABLE HARDSHIP, 7 THE MATTER SHALL BE REFERRED TO THE COMMISSION. 8 (V) THE COMMISSION SHALL REVIEW AN APPEAL FILED UNDER SUBPARAGRAPH 9 (III) OF THIS PARAGRAPH OR A RECOMMENDATION MADE BY THE EXECUTIVE DIREC- 10 TOR UNDER SUBPARAGRAPH (IV) OF THIS PARAGRAPH AT A MEETING HELD NO LESS 11 THAN FOURTEEN DAYS AFTER NOTICE OF THE MEETING IS MAILED TO THE STATE- 12 WIDE ELECTED OFFICIAL, STATE OFFICER OR EMPLOYEE OR CANDIDATE FOR STATE- 13 WIDE ELECTED OFFICE. THE COMMISSION SHALL DECIDE WHETHER NONDISCLOSURE 14 IS WARRANTED BY ISSUING AN OPINION PURSUANT TO SUBDIVISION FIFTEEN OF 15 THIS SECTION AND SHALL TREAT THE EXPLANATION FOR NONDISCLOSURE ACCOMPA- 16 NYING THE STATEWIDE ELECTED OFFICIAL, STATE OFFICER OR EMPLOYEE OR 17 CANDIDATE FOR STATEWIDE ELECTED OFFICE'S ANNUAL STATEMENT OF FINANCIAL 18 DISCLOSURE AS AN OPINION REQUEST. 19 (VI) IF THE COMMISSION ORDERS A STATEWIDE ELECTED OFFICIAL, STATE 20 OFFICER OR EMPLOYEE OR CANDIDATE FOR STATEWIDE ELECTED OFFICE TO 21 DISCLOSE, THE STATEWIDE ELECTED OFFICIAL, STATE OFFICER OR EMPLOYEE OR 22 CANDIDATE FOR STATEWIDE ELECTED OFFICE MUST COMPLY WITHIN FOURTEEN DAYS. 23 THE COMMISSION, IN ITS NOTIFICATION TO DISCLOSE A CLIENT, PERSON, OR 24 ENTITY'S INFORMATION REQUIRED BY THE ANNUAL STATEMENT OF FINANCIAL 25 DISCLOSURE PURSUANT TO SUBPARAGRAPH (A), (B) OR (C) OF PARAGRAPH EIGHT 26 OF SUBDIVISION THREE OF SECTION SEVENTY-THREE-A OF THE PUBLIC OFFICERS 27 LAW, SHALL INFORM THE PERSON OF HIS OR HER RIGHT TO APPEAL THE COMMIS- 28 SION'S DETERMINATION PURSUANT TO ITS RULES GOVERNING ADJUDICATORY 29 PROCEEDINGS AND APPEALS ADOPTED PURSUANT TO SUBDIVISION THIRTEEN OF THIS 30 SECTION; 31 S 4. The legislative law is amended by adding a new section 81 to read 32 as follows: 33 S 81. EXCEPTIONS TO FINANCIAL DISCLOSURE. A MEMBER OF THE LEGISLA- 34 TURE, LEGISLATIVE EMPLOYEE OR CANDIDATE FOR MEMBER OF THE LEGISLATURE 35 MAY NOT DISCLOSE INFORMATION REGARDING A CLIENT, PERSON, OR ENTITY 36 REQUIRED UNDER THE ANNUAL STATEMENT OF FINANCIAL DISCLOSURE PURSUANT TO 37 SUBPARAGRAPH (A), (B) OR (C) OF PARAGRAPH EIGHT OF SUBDIVISION THREE OF 38 SECTION SEVENTY-THREE-A OF THE PUBLIC OFFICERS LAW, IF SUCH DISCLOSURE 39 OF THE CLIENT, PERSON, OR ENTITY'S REQUIRED INFORMATION WOULD VIOLATE A 40 LEGALLY RECOGNIZED PRIVILEGE UNDER NEW YORK LAW OR WITHIN THE PURVIEW OF 41 THE ATTORNEY-CLIENT PRIVILEGE, DISCLOSURE WOULD CREATE AN UNREASONABLE 42 HARDSHIP, IN THAT SUCH DISCLOSURE WOULD CONVEY THE SUBSTANCE OF CONFI- 43 DENTIAL COMMUNICATION BETWEEN CLIENT AND ATTORNEY. SUCH A CLIENT, 44 PERSON, OR ENTITY'S REQUIRED INFORMATION UNDER SUBPARAGRAPH (A), (B) OR 45 (C) OF PARAGRAPH EIGHT OF SUBDIVISION THREE OF SECTION SEVENTY-THREE-A 46 OF THE PUBLIC OFFICERS LAW MAY BE WITHHELD IN ACCORDANCE WITH THE 47 FOLLOWING PROCEDURE: 48 1. A MEMBER OF THE LEGISLATURE, LEGISLATIVE EMPLOYEE OR CANDIDATE FOR 49 MEMBER OF THE LEGISLATURE WHO BELIEVES THAT A CLIENT, PERSON, OR ENTI- 50 TY'S REQUIRED INFORMATION UNDER THE ANNUAL STATEMENT OF FINANCIAL 51 DISCLOSURE PURSUANT TO SUBPARAGRAPH (A), (B) OR (C) OF PARAGRAPH EIGHT 52 OF SUBDIVISION THREE OF SECTION SEVENTY-THREE-A OF THE PUBLIC OFFICERS 53 LAW IS PROTECTED BY A LEGALLY RECOGNIZED PRIVILEGE OR UNREASONABLE HARD- 54 SHIP MAY DECLINE TO REPORT THE REQUIRED INFORMATION, BUT SHALL FILE WITH 55 HIS OR HER ANNUAL STATEMENT OF FINANCIAL DISCLOSURE AN EXPLANATION FOR 56 SUCH NONDISCLOSURE. THE EXPLANATION SHALL SEPARATELY STATE FOR EACH S. 382 15 1 UNDISCLOSED CLIENT, PERSON, OR ENTITY THE LEGAL BASIS FOR ASSERTION OF 2 THE PRIVILEGE OR UNREASONABLE HARDSHIP AND, AS SPECIFICALLY AS POSSIBLE 3 WITHOUT DEFEATING THE PRIVILEGE OR UNREASONABLE HARDSHIP, FACTS WHICH 4 DEMONSTRATE WHY THE PRIVILEGE OR UNREASONABLE HARDSHIP IS APPLICABLE. 5 2. WITH RESPECT TO EACH UNDISCLOSED CLIENT, PERSON, OR ENTITY, THE 6 MEMBER OF THE LEGISLATURE, LEGISLATIVE EMPLOYEE OR CANDIDATE FOR MEMBER 7 OF THE LEGISLATURE SHALL STATE THAT TO THE BEST OF HIS OR HER KNOWLEDGE 8 HE OR SHE HAS NOT AND WILL NOT MAKE, PARTICIPATE IN MAKING, OR IN ANY 9 WAY ATTEMPT TO USE AN OFFICIAL POSITION TO INFLUENCE A GOVERNMENTAL 10 DECISION WHEN TO DO SO CONSTITUTED OR WOULD CONSTITUTE A CRIME OR 11 VIOLATION OF ANY LOCAL, STATE OR FEDERAL LAW. 12 3. THE EXECUTIVE DIRECTOR MAY REQUEST FURTHER INFORMATION FROM THE 13 MEMBER OF THE LEGISLATURE, LEGISLATIVE EMPLOYEE OR CANDIDATE FOR MEMBER 14 OF THE LEGISLATURE AND, IF NO LEGAL OR FACTUAL JUSTIFICATION SUFFICIENT 15 TO SUPPORT ASSERTION OF THE PRIVILEGE OR UNREASONABLE HARDSHIP IS SHOWN, 16 MAY ORDER THAT THE DISCLOSURE REQUIRED BY THE ANNUAL STATEMENT OF FINAN- 17 CIAL DISCLOSURE PURSUANT TO SUBPARAGRAPH (A), (B) OR (C) OF PARAGRAPH 18 EIGHT OF SUBDIVISION THREE OF SECTION SEVENTY-THREE-A OF THE PUBLIC 19 OFFICERS LAW BE MADE. THE MEMBER OF THE LEGISLATURE, LEGISLATIVE EMPLOY- 20 EE OR CANDIDATE FOR MEMBER OF THE LEGISLATURE SHALL, WITHIN FOURTEEN 21 DAYS AFTER RECEIPT OF AN ORDER FROM THE EXECUTIVE DIRECTOR, EITHER 22 COMPLY WITH THE ORDER OR, IF HE OR SHE WANTS TO CHALLENGE THE DETERMI- 23 NATION OF THE EXECUTIVE DIRECTOR, APPEAL THE DETERMINATION, IN WRITING, 24 TO THE COMMISSION. THE EXECUTIVE DIRECTOR MAY, FOR GOOD CAUSE, EXTEND 25 ANY OF THE TIME FOR A PERIOD OF FOURTEEN DAYS. 26 4. IF THE EXECUTIVE DIRECTOR DETERMINES THAT NONDISCLOSURE IS JUSTI- 27 FIED BECAUSE OF THE EXISTENCE OF A PRIVILEGE OR UNREASONABLE HARDSHIP, 28 THE MATTER SHALL BE REFERRED TO THE COMMISSION. 29 5. THE COMMISSION SHALL REVIEW AN APPEAL FILED UNDER SUBDIVISION THREE 30 OF THIS SECTION OR A RECOMMENDATION MADE BY THE EXECUTIVE DIRECTOR UNDER 31 SUBDIVISION FOUR OF THIS SECTION AT A MEETING HELD NO LESS THAN FOURTEEN 32 DAYS AFTER NOTICE OF THE MEETING IS MAILED TO THE MEMBER OF THE LEGISLA- 33 TURE, LEGISLATIVE EMPLOYEE OR CANDIDATE FOR MEMBER OF THE LEGISLATURE. 34 THE COMMISSION SHALL DECIDE WHETHER SUCH NONDISCLOSURE IS WARRANTED BY 35 ISSUING AN OPINION PURSUANT TO SUBDIVISION FIFTEEN OF THIS SECTION AND 36 SHALL TREAT THE EXPLANATION FOR NONDISCLOSURE ACCOMPANYING THE MEMBER OF 37 THE LEGISLATURE, LEGISLATIVE EMPLOYEE OR CANDIDATE FOR MEMBER OF THE 38 LEGISLATURE'S ANNUAL STATEMENT OF FINANCIAL DISCLOSURE AS AN OPINION 39 REQUEST. 40 6. IF THE COMMISSION ORDERS A MEMBER OF THE LEGISLATURE, LEGISLATIVE 41 EMPLOYEE OR CANDIDATE FOR MEMBER OF THE LEGISLATURE TO DISCLOSE, THE 42 MEMBER OF THE LEGISLATURE, LEGISLATIVE EMPLOYEE OR CANDIDATE FOR MEMBER 43 OF THE LEGISLATURE MUST COMPLY WITHIN FOURTEEN DAYS. THE COMMISSION, IN 44 ITS NOTIFICATION TO DISCLOSE A CLIENT, PERSON, OR ENTITY'S INFORMATION 45 REQUIRED BY THE ANNUAL STATEMENT OF FINANCIAL DISCLOSURE PURSUANT TO 46 SUBPARAGRAPH (A), (B) OR (C) OF PARAGRAPH EIGHT OF SUBDIVISION THREE OF 47 SECTION SEVENTY-THREE-A, SHALL INFORM THE PERSON OF HIS OR HER RIGHT TO 48 APPEAL THE COMMISSION'S DETERMINATION PURSUANT TO ITS RULES GOVERNING 49 ADJUDICATORY PROCEEDINGS AND APPEALS ADOPTED PURSUANT TO SUBDIVISION 50 THIRTEEN OF THIS SECTION. 51 S 5. Severability. If any clause, sentence, paragraph, section or part 52 of this act shall be adjudged by any court of competent jurisdiction to 53 be invalid, such judgment shall not affect, impair or invalidate the 54 reminder thereof, but shall be confined in its operation to the clause, 55 sentence, paragraph, section or part thereof directly involved in the 56 controversy in which such judgment shall have been rendered. S. 382 16 1 S 6. This act shall take effect on the first of January next succeed- 2 ing the date upon which it shall have become a law, and shall apply to 3 all fiscal years commencing on or after such date.