Relates to legislative ethics; repealer
download bill text pdf| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| May 25, 2010 |
referred to governmental operations |
Relates to legislative ethics, gifts and financial disclosures, the independent commission on public integrity, the definition of lobbyists, requiring ethics training for lobbyists and public officials, necessary transportation expenses and per diem expenses of members of the legislature, apportionment of resources for members of the legislature, continuity of legislative sessions, procedures of the senate and assembly, the New York state independent budget office, and prohibiting the use of campaign funds for personal use.
S T A T E O F N E W Y O R K
________________________________________________________________________
11241
I N A S S E M B L Y
May 25, 2010
___________
Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the public officers law, in relation to gifts and finan-
cial disclosures; to amend the executive law, in relation to the inde-
pendent commission on public integrity; to amend the legislative law,
in relation to the definition of lobbyists, requiring ethics training
for lobbyists and public officials, necessary transportation expenses
and per diem expenses of members of the legislature, apportionment of
resources for members of the legislature, continuity of legislative
sessions, enacting procedures of the senate and assembly, establishing
the New York state independent budget office; to amend the election
law, in relation to prohibiting the use of campaign funds for personal
use; and repealing certain provisions of such laws relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 1, subdivision 2 and paragraph
(a) of subdivision 5 of section 73 of the public officers law, paragraph
(a) of subdivision 1 and subdivision 2 as amended by chapter 813 of the
laws of 1987 and paragraph (a) of subdivision 5 as amended by chapter 14
of the laws of 2007, are amended to read as follows:
(a) The term "compensation" shall mean any money, thing of value or
financial benefit conferred in return for services rendered or to be
rendered. With regard to matters undertaken by a firm, corporation or
association, compensation shall mean net revenues, as defined in accord-
ance with generally accepted accounting principles as defined by the
state ethics commission [or legislative ethics committee in relation to
persons subject to their respective jurisdictions].
2. In addition to the prohibitions contained in subdivision seven
hereof, no statewide elected official, state officer or employee, member
of the legislature or legislative employee shall receive, or enter into
any agreement express or implied for, compensation for services to be
rendered in relation to any case, proceeding, application, or other
matter before any state agency OR ANY LEGISLATION OR RESOLUTION BEFORE
THE STATE LEGISLATURE OR MUNICIPAL GOVERNMENT, whereby his compensation
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17313-02-0
A. 11241 2
is to be dependent or contingent upon any action by such agency with
respect to any license, contract, certificate, ruling, decision, opin-
ion, rate schedule, franchise, or other benefit; provided, however, that
nothing in this subdivision shall be deemed to prohibit the fixing at
any time of fees based upon the reasonable value of the services
rendered.
(a) solicit, accept or receive any gift [having more than a nominal
value], whether in the form of REAL OR PERSONAL PROPERTY, money,
service, loan, travel, lodging, meals, refreshments, entertainment,
discount, forbearance or promise, or in any other form[, under circum-
stances in which it could reasonably be inferred that the gift was
intended to influence him, or could reasonably be expected to influence
him, in the performance of his official duties or was intended as a
reward for any official action on his part]. No person shall, directly
or indirectly, offer or make any such gift to a statewide elected offi-
cial, or any state officer or employee, member of the legislature or
legislative employee [under such circumstances].
S 2. Subdivision 5-a of section 73 of the public officers law is
relettered subdivision 5-b and a new subdivision 5-a is added to read as
follows:
5-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FIVE OF THIS
SECTION:
(A) THE FOLLOWING ITEMS MAY BE ACCEPTED:
(I) UNSOLICITED PLANTS, FRUIT, OR FLORAL ARRANGEMENTS, OR LIKE ITEMS;
(II) UNSOLICITED ADVERTISING OR PROMOTIONAL ITEMS OF NOMINAL VALUE,
SUCH AS PENS AND NOTE PADS;
(III) UNSOLICITED TOKENS OR AWARDS OF APPRECIATION IN THE FORM OF A
PLAQUE, TROPHY, DESK ITEM, WALL MEMENTO, OR SIMILAR ITEM;
(IV) UNSOLICITED INFORMATIONAL MATERIAL, PUBLICATIONS, OR
SUBSCRIPTIONS RELATED TO THE RECIPIENT'S PERFORMANCE OF OFFICIAL DUTIES;
(V) FOOD OR BEVERAGES CONSUMED AT HOSTED RECEPTIONS WHERE ATTENDANCE
IS RELATED TO OFFICIAL DUTIES;
(VI) ADMISSION TO, AND THE COST OF FOOD OR BEVERAGES CONSUMED AT, A
RECEPTION, MEAL OR MEETING BY AN ORGANIZATION BEFORE WHOM THE RECIPIENT
APPEARS TO SPEAK OR TO ANSWER QUESTIONS AS PART OF A PROGRAM; OR
(VII) ANY OTHER ITEM OR SERVICE EXPRESSLY PERMITTED BY THE STATE
ETHICS COMMISSION.
(B) THE PROHIBITIONS OF SUBDIVISION FIVE OF THIS SECTION DO NOT APPLY
IF THE GIFT IS GIVEN:
(I) BECAUSE OF THE RECIPIENT'S MEMBERSHIP IN A GROUP, A MAJORITY OF
WHOSE MEMBERS ARE NOT PUBLIC OFFICIALS, AND AN EQUIVALENT GIFT IS GIVEN
TO THE OTHER MEMBERS OF THE GROUP; OR
(II) BY AN INDIVIDUAL WHO IS A RELATIVE OR PERSONAL FRIEND OF THE
RECIPIENT, UNLESS THAT INDIVIDUAL IS A LOBBYIST.
S 3. The opening paragraph of paragraph (a) and paragraph (b) of
subdivision 6 of section 73 of the public officers law, the opening
paragraph of paragraph (a) as amended by chapter 813 of the laws of 1987
and paragraph (b) as amended by chapter 14 of the laws of 2007, are
amended to read as follows:
Every legislative employee not subject to the provisions of section
seventy-three-a of this chapter shall, on and after December fifteenth
and before the following January fifteenth, in each year, file with the
[legislative ethics committee established by section eighty of the
legislative law] STATE ETHICS COMMISSION a financial disclosure state-
ment of
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(b) Copies of such statements shall be open for public inspection and
copying AND SHALL BE MADE AVAILABLE ON THE INTERNET.
S 4. Subparagraph (iii) of paragraph (a) of subdivision 8 of section
73 of the public officers law, as amended by chapter 14 of the laws of
2007, is amended to read as follows:
(iii) No person who has served as a member of the legislature OR AS A
POLITICAL PARTY CHAIRMAN shall within a period of two years after the
termination of such service receive compensation for any services on
behalf of any person, firm, corporation or association to promote or
oppose, directly or indirectly, the passage of bills or resolutions by
either house of the legislature. No legislative employee shall within a
period of two years after the termination of such service receive
compensation for any services on behalf of any person, firm, corporation
or association to appear, practice or directly communicate before either
house of the legislature to promote or oppose the passage of bills or
resolutions by either house of the legislature.
S 5. Paragraphs (b), (c) and (g) of subdivision 8 of section 73 of the
public officers law are REPEALED and paragraphs (d), (e), (f) and (h)
are relettered paragraphs (b), (c), (d) and (e).
S 6. Subdivision 10 of section 73 of the public officers law, as
amended by chapter 813 of the laws of 1987, is amended to read as
follows:
10. Nothing contained in this section, the judiciary law, the educa-
tion law or any other law or disciplinary rule shall be construed or
applied to prohibit any firm, association or corporation, in which any
present or former statewide elected official, state officer or employee,
or political party chairman, member of the legislature or legislative
employee is a member, associate, retired member, of counsel or share-
holder, from appearing, practicing, communicating or otherwise rendering
services in relation to any matter before, or transacting business with
a state agency, or a city agency with respect to a political party
chairman in a county wholly included in a city with a population of more
than one million, otherwise proscribed by this section, the judiciary
law, the education law or any other law or disciplinary rule with
respect to such official, member of the legislature or officer or
employee, or political party chairman, where such statewide elected
official, state officer or employee, member of the legislature or legis-
lative employee, or political party chairman does not share in the net
revenues, as defined in accordance with generally accepted accounting
principles by the state ethics commission [or by the legislative ethics
committee in relation to persons subject to their respective jurisdic-
tions,] resulting therefrom, or, acting in good faith, reasonably
believed that he or she would not share in the net revenues as so
defined; nor shall anything contained in this section, the judiciary
law, the education law or any other law or disciplinary rule be
construed to prohibit any firm, association or corporation in which any
present or former statewide elected official, member of the legislature,
legislative employee, full-time salaried state officer or employee or
state officer or employee who is subject to the provisions of section
seventy-three-a of this chapter is a member, associate, retired member,
of counsel or shareholder, from appearing, practicing, communicating or
otherwise rendering services in relation to any matter before, or trans-
acting business with, the court of claims, where such statewide elected
official, member of the legislature, legislative employee, full-time
salaried state officer or employee or state officer or employee who is
subject to the provisions of section seventy-three-a of this chapter
A. 11241 4
does not share in the net revenues, as defined in accordance with gener-
ally accepted accounting principles by the state ethics commission [or
by the legislative ethics committee in relation to persons subject to
their respective jurisdictions,] resulting therefrom, or, acting in good
faith, reasonably believed that he or she would not share in the net
revenues as so defined.
S 7. Paragraph (b) of subdivision 11 of section 73 of the public offi-
cers law is REPEALED and paragraph (c) is relettered paragraph (b).
S 8. Paragraph (d) of subdivision 1 of section 73-a of the public
officers law, as amended by chapter 242 of the laws of 1989, is amended
and a new paragraph (m) is added to read as follows:
(d) The term "legislative employee" shall mean any officer or employee
of the legislature who receives annual compensation in excess of the
filing rate established by paragraph (l) below or who is determined to
hold a policy-making position by the appointing authority as set forth
in a written instrument which shall be filed with the [legislative
ethics committee established by section eighty of the legislative law]
STATE ETHICS COMMISSION.
(M) THE TERM "LOBBYIST" SHALL HAVE THE SAME MEANING AS ASCRIBED TO IT
BY SECTION ONE-C OF THE LEGISLATIVE LAW.
S 9. Subparagraph (ii) of paragraph (a) of subdivision 2 of section
73-a of the public officers law, as added by chapter 813 of the laws of
1987, is amended to read as follows:
(ii) a person who is required to file an annual financial disclosure
statement with the state ethics commission [or with the legislative
ethics committee,] and who is granted an additional period of time with-
in which to file such statement due to justifiable cause or undue hard-
ship, in accordance with required rules and regulations on the subject
adopted pursuant to paragraph c of subdivision nine of section ninety-
four of the executive law [or pursuant to paragraph c of subdivision
eight of section eighty of the legislative law], shall file such state-
ment within the additional period of time granted;
S 10. Paragraphs (c) and (d) of subdivision 2 of section 73-a of the
public officers law, as added by chapter 813 of the laws of 1987, are
amended to read as follows:
(c) If the reporting individual is a senator or member of assembly,
candidate for the senate or member of assembly or a legislative employ-
ee, such statement shall be filed with the [legislative ethics committee
established by section eighty of the legislative law] STATE ETHICS
COMMISSION. If the reporting individual is a statewide elected offi-
cial, candidate for statewide elected office, a state officer or employ-
ee or a political party chairman, such statement shall be filed with the
state ethics commission established by section ninety-four of the execu-
tive law.
(d) The [legislative ethics committee and the] state ethics commission
shall obtain from the state board of elections a list of all candidates
for statewide office and for member of the legislature, and from such
list, shall determine and publish a list of those candidates who have
not, within ten days after the required date for filing such statement,
filed the statement required by this subdivision.
S 11. Paragraphs (f) and (g) of subdivision 2 of section 73-a of the
public officers law are REPEALED and paragraphs (h), (i) and (j) are
relettered paragraphs (f), (g) and (h).
S 12. Paragraph 3 of subdivision 3 of section 73-a of the public offi-
cers law, as added by chapter 813 of the laws of 1987, the third and
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fourth undesignated paragraphs as added by chapter 242 of the laws of
1989, is amended to read as follows:
3. (a) Marital Status ______________. If married, please give spouse's
full name including maiden name where applicable.
_____________________________________________________________ .
(b) List the names of all unemancipated children.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Answer each of the following questions completely, with respect to
calendar year _________, unless another period or date is otherwise
specified. If additional space is needed, attach additional pages.
Whenever a "value" or "amount" is required to be reported herein, such
value or amount shall be reported as being within one of the following
Categories: Category A - under [$5,000] $10,000; Category B - [$5,000]
$10,000 to under [$20,000] $30,000; Category C - [$20,000] $30,000 to
under [$60,000] $50,000; Category D - [$60,000] $50,000 to under
[$100,000] $70,000; Category E - [$100,000] $70,000 to under [$250,000;
and] $80,000; Category F - [$250,000 or over] $80,000 TO UNDER $100,000;
CATEGORY G - $100,000 TO UNDER $120,000; CATEGORY H - $120,000 TO UNDER
$140,000; CATEGORY I - $140,000 TO $180,000; CATEGORY J - $180,000 TO
$200,000; CATEGORY K - $200,000 TO $250,000; CATEGORY L - $250,000 TO
UNDER $300,000; CATEGORY M - $300,000 TO UNDER $350,000; CATEGORY N -
$350,000 TO UNDER $400,000; CATEGORY O - $400,000 TO UNDER $450,000;
CATEGORY P - $450,000 TO UNDER $500,000; CATEGORY Q - $500,000 TO UNDER
$750,000; CATEGORY R - $750,000 TO UNDER $1 MILLION; AND CATEGORY S -
OVER $1 MILLION. A reporting individual shall indicate the Category by
letter only.
Whenever "income" is required to be reported herein, the term "income"
shall mean the aggregate net income before taxes from the source identi-
fied.
The term "calendar year" shall mean the year ending the December 31st
preceding the date of filing of the annual statement.
S 13. Subparagraph (b) of paragraph 4 of subdivision 3 of section 73-a
of the public officers law, as amended by chapter 242 of the laws of
1989, is amended to read as follows:
(b) List any office, trusteeship, directorship, partnership, or position
of any nature, whether compensated or not, held by the spouse, RELA-
TIVE WHO IS A LOBBYIST or unemancipated child of the reporting indi-
vidual, with any firm, corporation, association, partnership, or
other organization other than the State of New York. Include compen-
sated honorary positions; do NOT list membership or uncompensated
honorary positions. If the listed entity was licensed by any state
or local agency, was regulated by any state regulatory agency or
local agency, or, as a regular and significant part of the business
or activity of said entity, did business with, or had matters other
than ministerial matters before, any state or local agency, list the
name of any such agency.
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State or
Position Organization Local Agency
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
S 14. Subparagraph (b) of paragraph 5 of subdivision 3 of section 73-a
of the public officers law, as added by chapter 813 of the laws of 1987,
is amended to read as follows:
(b) If the spouse, RELATIVE WHO IS A LOBBYIST or unemancipated child of
the reporting individual was engaged in any occupation, employment,
trade, business or profession which activity was licensed by any
state or local agency, was regulated by any state regulatory agency
or local agency, or, as a regular and significant part of the busi-
ness or activity of said entity, did business with, or had matters
other than ministerial matters before, any state or local agency,
list the name, address and description of such occupation, employ-
ment, trade, business or profession and the name of any such agency.
State or
Name & Address Local
Position of Organization Description Agency
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
S 15. Paragraph 5 of subdivision 3 of section 73-a of the public offi-
cers law is amended by adding a new subparagraph (c) to read as follows:
(C) LIST AND IDENTIFY THE SOURCE OF ANY INCOME (OTHER THAN FROM THE
EMPLOYMENT LISTED UNDER ITEM 2 ABOVE) EARNED BY A MEMBER OF THE LEGISLA-
TURE IN EXCESS OF $100 AND THE WORK PERFORMED TO EARN SUCH INCOME.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
S 16. Paragraphs 6, 8, 9, 15, 17, 18 and 19 of subdivision 3 of
section 73-a of the public officers law, paragraphs 6, 9, 15, 17, 18 and
19 as amended by chapter 242 of the laws of 1989 and paragraph 8 as
added by chapter 813 of the laws of 1987, are amended to read as
follows:
6. List any interest, in EXCESS of $1,000, held by the reporting indi-
vidual, such individual's spouse, RELATIVE WHO IS A LOBBYIST or
unemancipated child, or partnership of which any such person is a
member, or corporation, 10% or more of the stock of which is owned
or controlled by any such person, whether vested or contingent, in
any contract made or executed by a state or local agency and include
the name of the entity which holds such interest and the relation-
ship of the reporting individual or such individual's spouse or such
A. 11241 7
child to such entity and the interest in such contract. Do NOT
include bonds and notes. Do NOT list any interest in any such
contract on which final payment has been made and all obligations
under the contract except for guarantees and warranties have been
performed, provided, however, that such an interest must be listed
if there has been an ongoing dispute during the calendar year for
which this statement is filed with respect to any such guarantees or
warranties. Do NOT list any interest in a contract made or executed
by a local agency after public notice and pursuant to a process for
competitive bidding or a process for competitive requests for
proposals.
Entity Relationship Contracting Category
Self, Which Held to Entity State or of
Spouse or Interest in and Interest Local Value of
Child Contract in Contract Agency Contract
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
8. (a) If the reporting individual practices law, is licensed by the
department of state as a real estate broker or agent or practices a
profession licensed by the department of education OR WORKS AS A
MEMBER OR EMPLOYEE OF A FIRM REQUIRED TO REGISTER WITH THE STATE
LOBBYING COMMISSION AS REQUIRED BY SECTION ONE-E OF THE LEGISLATIVE
LAW, give a general description of the principal subject areas of
matters undertaken by such individual. Additionally, if such an
individual practices with a firm or corporation and is a partner or
shareholder of the firm or corporation, give a general description
of principal subject areas of matters undertaken by such firm or
corporation. Do not list the name of the individual clients, custom-
ers or patients.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(b) List the name, principal address and general description or the
nature of the business activity of any entity in which the reporting
individual or such individual's spouse OR SUCH INDIVIDUAL'S RELATIVE
WHO IS A LOBBYIST had an investment in excess of $1,000 excluding
investments in securities and interests in real property.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
9. List each source of gifts, EXCLUDING campaign contributions, in
EXCESS of $1,000, received during the reporting period for which
A. 11241 8
this statement is filed by the reporting individual or such individ-
ual's spouse or unemancipated child from the same donor, EXCLUDING
gifts from a relative OR PERSONAL FRIEND, UNLESS SUCH RELATIVE OR
PERSONAL FRIEND IS A LOBBYIST. INCLUDE the name and address of the
donor. The term "gifts" does not include reimbursements, which term
is defined in item 10. Indicate the value and nature of each such
gift.
Category
Self, of
Spouse or Name of Nature Value of
Child Donor Address of Gift Gift
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
15. List each assignment of income in EXCESS of $1,000, and each trans-
fer other than to a relative, UNLESS SUCH RELATIVE IS A LOBBYIST,
during the reporting period for which this statement is filed for
less than fair consideration of an interest in a trust, estate or
other beneficial interest, securities or real property, by the
reporting individual, in excess of $1,000, which would otherwise be
required to be reported herein and is not or has not been so
reported.
Item Assigned Assigned or Category
or Transferred Transferred to of Value
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
17. List below the location, size, general nature, acquisition date,
market value and percentage of ownership of any real property in
which any vested or contingent interest in EXCESS of $1,000 is held
by the reporting individual or the reporting individual's spouse.
Also list real property owned for investment purposes by a corpo-
ration more than fifty percent 50% of the stock of which is owned or
controlled by the reporting individual or such individual's spouse.
Do NOT list any real property which is the primary or secondary
personal residence of the reporting individual or the reporting
individual's spouse, except where there is a co-owner who is other
than a relative, UNLESS SUCH RELATIVE IS A LOBBYIST.
Category
Self/ Percentage of
Spouse/ General Acquisition of Market
Corporation Location Size Nature Date Ownership Value
____________________________________________________________________
____________________________________________________________________
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____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
18. List below all notes and accounts receivable, other than from goods
or services sold, held by the reporting individual at the close of
the taxable year last occurring prior to the date of filing and
other debts owed to such individual at the close of the taxable year
last occurring prior to the date of filing, in EXCESS of $1,000,
including the name of the debtor, type of obligation, date due and
the nature of the collateral securing payment of each, if any,
excluding securities reported in item 16 hereinabove. Debts, notes
and accounts receivable owed to the individual by a relative shall
not be reported, UNLESS SUCH RELATIVE IS A LOBBYIST.
Type of Obligation, Category
Date Due, and Nature of
Name of Debtor of Collateral, if any Amount
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
19. List below all liabilities of the reporting individual and such
individual's spouse, in EXCESS of $5,000 as of the date of filing of
this statement, other than liabilities to a relative, UNLESS SUCH
RELATIVE IS A LOBBYIST. Do NOT list liabilities incurred by, or
guarantees made by, the reporting individual or such individual's
spouse or by any proprietorship, partnership or corporation in which
the reporting individual or such individual's spouse has an inter-
est, when incurred or made in the ordinary course of the trade,
business or professional practice of the reporting individual or
such individual's spouse. Include the name of the creditor and any
collateral pledged by such individual to secure payment of any such
liability. A reporting individual shall not list any obligation to
pay maintenance in connection with a matrimonial action, alimony or
child support payments. Any loan issued in the ordinary course of
business by a financial institution to finance educational costs,
the cost of home purchase or improvements for a primary or secondary
residence, or purchase of a personally owned motor vehicle, house-
hold furniture or appliances shall be excluded. If any such report-
able liability has been guaranteed by any third person, list the
liability and name the guarantor.
Category
Name of Creditor Type of Liability of
or Guarantor and Collateral, if any Amount
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
A. 11241 10
S 17. Subdivision 4 of section 73-a of the public officers law, as
amended by chapter 242 of the laws of 1989, is amended to read as
follows:
4. A reporting individual who knowingly and wilfully fails to file an
annual statement of financial disclosure or who knowingly and wilfully
with intent to deceive makes a false statement or gives information
which such individual knows to be false on such statement of financial
disclosure filed pursuant to this section shall be subject to a civil
penalty in an amount not to exceed ten thousand dollars. Assessment of a
civil penalty hereunder shall be made by the state ethics commission [or
by the legislative ethics committee, as the case may be, with respect to
persons subject to their respective jurisdictions]. The state ethics
commission acting pursuant to subdivision thirteen of section ninety-
four of the executive law [or the legislative ethics committee acting
pursuant to subdivision twelve of section eighty of the legislative law,
as the case may be,] may, in lieu of a civil penalty, refer a violation
to the appropriate prosecutor and upon such conviction, but only after
such referral, such violation shall be punishable as a class A misdemea-
nor. A civil penalty for false filing may not be imposed hereunder in
the event a category of "value" or "amount" reported hereunder is incor-
rect unless such reported information is falsely understated. Notwith-
standing any other provision of law to the contrary, no other penalty,
civil or criminal may be imposed for a failure to file, or for a false
filing, of such statement, except that the appointing authority may
impose disciplinary action as otherwise provided by law. The state
ethics commission [and the legislative ethics committee] shall [each] be
deemed to be an agency within the meaning of article three of the state
administrative procedure act and shall adopt rules governing the conduct
of adjudicatory proceedings and appeals relating to the assessment of
the civil penalties herein authorized. Such rules, which shall not be
subject to the approval requirements of the state administrative proce-
dure act, shall provide for due process procedural mechanisms substan-
tially similar to those set forth in such article three but such mech-
anisms need not be identical in terms or scope. Assessment of a civil
penalty shall be final unless modified, suspended or vacated within
thirty days of imposition and upon becoming final shall be subject to
review at the instance of the affected reporting individual in a
proceeding commenced against the state ethics commission [or legislative
ethics committee], pursuant to article seventy-eight of the civil prac-
tice law and rules.
S 18. Subdivisions 1, 2, 5, 6 and 7 of section 94 of the executive
law, as amended by chapter 14 of the laws of 2007, are amended to read
as follows:
1. There is established [within the department of state a] AN INDE-
PENDENT commission on public integrity which shall consist of [thirteen]
SEVENTEEN members and shall have and exercise the powers and duties set
forth in this section only with respect to statewide elected officials,
MEMBERS OF THE LEGISLATURE, LEGISLATIVE EMPLOYEES and state officers and
employees, as defined in sections seventy-three and seventy-three-a of
the public officers law, candidates for statewide elected office OR FOR
THE SENATE OR THE ASSEMBLY, and the political party chairman as that
term is defined in section seventy-three-a of the public officers law,
lobbyists and the clients of lobbyists as such terms are defined in
article one-A of the legislative law, and individuals who have formerly
held such positions, were lobbyists or clients of lobbyists, as such
terms are defined in article one-A of the legislative law, or who have
A. 11241 11
formerly been such candidates. This section shall not revoke or rescind
any regulations or advisory opinions issued by the state ethics commis-
sion and the temporary lobbying commission in effect upon the effective
date of a chapter of the laws of two thousand seven which amended this
section to the extent that such regulations or opinions are not incon-
sistent with any law of the state of New York, but such regulations and
opinions shall apply only to matters over which such commissions had
jurisdiction at the time such regulations and opinions were promulgated
or issued. The commission shall undertake a comprehensive review of all
such regulations and opinions, which will address the consistency of
such regulations and opinions among each other and with the new statuto-
ry language. The commission shall, before April first, two thousand
eight, report to the governor and legislature regarding such review and
shall propose any regulatory changes and issue any advisory opinions
necessitated by such review.
2. The members of the commission shall be appointed [by the governor
provided, however, that one member] AS FOLLOWS: TWO MEMBERS shall be
appointed on the nomination of the comptroller, [one member] TWO MEMBERS
shall be appointed on the nomination of the attorney general, [one
member] TWO MEMBERS shall be appointed on the nomination of the tempo-
rary president of the senate, [one member] TWO MEMBERS shall be
appointed on the nomination of the speaker of the assembly, [one member]
TWO MEMBERS shall be appointed on the nomination of the minority leader
of the senate, [and one member] TWO MEMBERS shall be appointed on the
nomination of the minority leader of the assembly AND FIVE MEMBERS SHALL
BE APPOINTED ON THE NOMINATION OF THE GOVERNOR. [Of the seven members
appointed by the governor without prior nomination, no more than four
members shall belong to the same political party and no members shall be
public officers or employees or hold any public office, elected or
appointed.] No member shall be a member of the legislature, a candidate
for member of the legislature, an employee of the legislature, a poli-
tical party chairman as defined in paragraph (k) of subdivision one of
section seventy-three of the public officers law, or a lobbyist as
defined in subdivision (a) of section one-c of the legislative law. TO
THE EXTENT POSSIBLE, THE MEMBERS SHALL BE INDIVIDUALS WITH EXTENSIVE
KNOWLEDGE OR EXPERIENCE IN THE FIELD OF GOVERNMENT ETHICS.
5. Any vacancy occurring on the commission shall be filled within
sixty days of its occurrence[, by the governor,] in the same manner as
the member whose vacancy is being filled was appointed. A person
appointed to fill a vacancy occurring other than by expiration of a term
of office shall be appointed for the unexpired term of the member he
succeeds.
6. [Seven] NINE members of the commission shall constitute a quorum,
and the commission shall have power to act by majority vote of the total
number of members of the commission without vacancy.
7. Members of the commission may be removed by the [governor] OFFICIAL
RESPONSIBLE FOR THE MEMBER'S APPOINTMENT ONLY for substantial neglect of
duty, gross misconduct in office, inability to discharge the powers or
duties of office or violation of this section, after written notice and
opportunity for a reply.
S 19. Paragraph (a) of subdivision 9 of section 94 of the executive
law, as amended by chapter 14 of the laws of 2007, is amended to read as
follows:
(a) Appoint an executive director who shall act in accordance with the
policies of the commission. The commission may delegate authority to the
executive director to act in the name of the commission between meetings
A. 11241 12
of the commission provided such delegation is in writing and the specif-
ic powers to be delegated are enumerated. THE EXECUTIVE DIRECTOR SHALL
BE APPOINTED WITHOUT REGARD TO POLITICAL AFFILIATION AND SOLELY ON THE
BASIS OF FITNESS TO PERFORM THE DUTIES ASSIGNED BY THIS ARTICLE. THE
TERM OF OFFICE OF THE EXECUTIVE DIRECTOR SHALL BE SIX YEARS, EXCEPT THAT
THE COMMISSION MAY REMOVE THE EXECUTIVE DIRECTOR ONLY FOR SUBSTANTIAL
NEGLECT OF DUTY, GROSS MISCONDUCT IN OFFICE OR INABILITY TO DISCHARGE
THE POWERS OR DUTIES OF OFFICE. ANY INDIVIDUAL APPOINTED TO FILL A
VACANCY PRIOR TO THE EXPIRATION OF A TERM SHALL SERVE ONLY FOR THE UNEX-
PIRED PORTION OF SUCH TERM. AN INDIVIDUAL SERVING AS EXECUTIVE DIRECTOR
AT THE EXPIRATION OF THE TERM MAY CONTINUE TO SERVE UNTIL A SUCCESSOR IS
APPOINTED, EXCEPT THAT SUCH INDIVIDUAL SHALL NOT SERVE IN THAT CAPACITY
IN EXCESS OF ONE YEAR. THE COMMISSION SHALL HAVE THE AUTHORITY TO REAP-
POINT THE EXECUTIVE DIRECTOR FOR A SECOND TERM. NO EXECUTIVE DIRECTOR
SHALL SERVE MORE THAN TWO TERMS CONSECUTIVELY;
S 20. Section 94 of the executive law is amended by adding two new
subdivisions 9-a and 9-b to read as follows:
9-A. (A) THE COMMISSION SHALL DESIGN THE GENERAL CURRICULUM OF ETHICS
ORIENTATION COURSES, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO: EXPLA-
NATIONS AND DISCUSSIONS OF THE ETHICS LAWS IN THE PUBLIC OFFICERS LAW,
THE ELECTION LAW, THE LEGISLATIVE LAW, THE LABOR LAW, AND ADMINISTRATIVE
REGULATIONS; RELEVANT INTERNAL POLICIES; SPECIFIC TECHNICAL AND LEGAL
REQUIREMENTS; SUMMARIES OF ADVISORY OPINIONS; UNDERLYING PURPOSES AND
PRINCIPLES OF ETHICS LAWS; EXAMPLES OF PRACTICAL APPLICATION OF THE LAWS
AND PRINCIPLES; AND, A QUESTION-AND-ANSWER PARTICIPATORY SEGMENT REGARD-
ING COMMON PROBLEMS AND SITUATIONS. THE COMMISSION SHALL PREPARE THE
METHODS AND MATERIALS NECESSARY TO IMPLEMENT THE CURRICULUM AND MAKE THE
MATERIALS AVAILABLE ON THE INTERNET. SUCH MATERIALS SHALL INCLUDE A COPY
OF THE LAWS AND REGULATIONS OF NEW YORK PERTAINING TO LEGISLATIVE ETHICS
AND CONDUCT, INCLUDING BUT NOT LIMITED TO, THOSE PROMULGATED IN THE
PUBLIC OFFICERS LAW, THE ELECTION LAW, THE LEGISLATIVE LAW, AND THE
LABOR LAW.
(B) THE COMMISSION SHALL:
(1) ADMINISTER THE ORIENTATION COURSES FOR MEMBERS OF THE LEGISLATURE,
LEGISLATIVE EMPLOYEES, THE GOVERNOR, STATE AGENCY OFFICERS AND STATE
AGENCY EMPLOYEES;
(2) DESIGNATE AND TRAIN INSTRUCTORS TO CONDUCT ORIENTATION; AND
(3) NOTIFY MEMBERS OF THE LEGISLATURE, LEGISLATIVE EMPLOYEES, THE
GOVERNOR, STATE AGENCY OFFICERS AND STATE AGENCY EMPLOYEES OF THE DATE
AND TIME OF ORIENTATION COURSES AND THEIR REQUIRED ATTENDANCE AT THEM.
(C) THE ORIENTATION COURSES SHALL BE CONDUCTED IN JANUARY OF EACH
ODD-NUMBERED YEAR. NOTWITHSTANDING THE FOREGOING, THE COMMISSION SHALL
OFFER THE ORIENTATION COURSE ON AT LEAST THREE INSTANCES WITHIN A YEAR
AFTER THIS PROVISION IS ENACTED. EACH COURSE SHALL BE AT LEAST THREE
HOURS IN LENGTH.
(D) EACH CURRENT MEMBER OF THE LEGISLATURE, LEGISLATIVE EMPLOYEE, THE
GOVERNOR, STATE AGENCY OFFICER AND STATE AGENCY EMPLOYEE SHALL COMPLETE
THE INITIAL ETHICS ORIENTATION COURSE OFFERED UNDER THIS SECTION WITHIN
A YEAR AFTER THIS SECTION IS ENACTED. EACH MEMBER OF THE LEGISLATURE,
LEGISLATIVE EMPLOYEE, THE GOVERNOR, STATE AGENCY OFFICER AND STATE AGEN-
CY EMPLOYEE ELECTED OR APPOINTED AFTER THIS SECTION IS ENACTED SHALL
COMPLETE THE INITIAL ORIENTATION COURSE OFFERED UNDER THIS SECTION
DURING THE FIRST JANUARY IT IS OFFERED FOLLOWING HIS OR HER ELECTION OR
HIRING. ANY SUCH PERSON NEED NOT COMPLETE THE INITIAL ORIENTATION COURSE
IF HE OR SHE HAS PREVIOUSLY COMPLETED IT WHILE SERVING IN ANOTHER LEGIS-
A. 11241 13
LATIVE OR EXECUTIVE POSITION. THE COMMISSION MAY GRANT PERMISSION FOR
ANY SUCH PERSON TO ATTEND A LATER COURSE FOR GOOD CAUSE SHOWN.
9-B. (A) WHENEVER IT DEEMS IT NECESSARY, BUT AT LEAST ONCE EVERY THREE
YEARS, THE COMMISSION SHALL DESIGN THE GENERAL CURRICULUM OF A CURRENT
ISSUES SEMINAR WHICH SHALL BE OFFERED ON AT LEAST TWO DIFFERENT OCCA-
SIONS. THE CURRICULUM SHALL INCLUDE, BUT NOT BE LIMITED TO, DISCUSSION
OF CHANGES IN THE ETHICS LAWS AND ADMINISTRATIVE REGULATIONS, NEW ADVI-
SORY OPINIONS, CURRENT ETHICAL ISSUES CONFRONTING PUBLIC SERVANTS, PRAC-
TICAL APPLICATION OF ETHICS LAWS AND PRINCIPLES TO SPECIFIC ISSUES AND
SITUATIONS, AND DEVELOPMENT OF PROBLEM-SOLVING SKILLS. THE COMMISSION
SHALL PREPARE THOSE METHODS AND MATERIALS NECESSARY TO IMPLEMENT THE
CURRICULUM.
(B) THE COMMISSION SHALL:
(1) ADMINISTER THE CURRENT ISSUES SEMINARS FOR MEMBERS OF THE LEGISLA-
TURE, LEGISLATIVE EMPLOYEES, THE GOVERNOR, STATE AGENCY OFFICERS AND
STATE AGENCY EMPLOYEES WHO HAVE COMPLETED AN ETHICS ORIENTATION COURSE
REQUIRED BY SUBDIVISION NINE-A OF THIS SECTION;
(2) DESIGNATE AND TRAIN INSTRUCTORS TO CONDUCT THEIR CURRENT ISSUES
COURSES; AND
(3) NOTIFY MEMBERS OF THE LEGISLATURE, LEGISLATIVE EMPLOYEES, THE
GOVERNOR, STATE AGENCY OFFICERS AND STATE AGENCY EMPLOYEES OF THE DATE
AND TIME OF THESE COURSES AND THEIR REQUIRED ATTENDANCE AT THEM.
(C) EACH CURRENT ISSUES SEMINAR SHALL BE AT LEAST TWO HOURS IN LENGTH.
(D) EACH MEMBER OF THE LEGISLATURE, LEGISLATIVE EMPLOYEES, THE GOVER-
NOR, STATE AGENCY OFFICERS AND STATE AGENCY EMPLOYEES, AFTER COMPLETION
OF AN ORIENTATION TRAINING COURSE, SHALL COMPLETE ONE CURRENT ISSUES
SEMINAR AT LEAST ONCE EVERY THREE YEARS.
S 21. Paragraph (b) of subdivision 12 and subdivisions 13 and 16 of
section 94 of the executive law, as amended by chapter 14 of the laws of
2007, are amended to read as follows:
(b) If the commission determines that there is reasonable cause to
believe that a violation has occurred, it shall send a notice of reason-
able cause: (i) to the reporting person; (ii) to the complainant if any;
(iii) in the case of a statewide elected official OR A MEMBER OF THE
SENATE OR ASSEMBLY, to the temporary president of the senate and the
speaker of the assembly; and (iv) in the case of a state officer or
employee, to the appointing authority for such person.
13. An individual subject to the jurisdiction of the commission who
knowingly and intentionally violates the provisions of subdivisions two
through five, seven, eight, twelve or fourteen through seventeen of
section seventy-three of the public officers law, section one hundred
seven of the civil service law, or a reporting individual who knowingly
and wilfully fails to file an annual statement of financial disclosure
or who knowingly and wilfully with intent to deceive makes a false
statement or fraudulent omission or gives information which such indi-
vidual knows to be false on such statement of financial disclosure filed
pursuant to section seventy-three-a of the public officers law shall be
subject to a civil penalty in an amount not to exceed forty thousand
dollars and the value of any gift, compensation or benefit received as a
result of such violation. An individual who knowingly and intentionally
violates the provisions of paragraph b, c, d or i of subdivision three
of section seventy-four of the public officers law shall be subject to a
civil penalty in an amount not to exceed ten thousand dollars and the
value of any gift, compensation or benefit received as a result of such
violation. An individual who knowingly and intentionally violates the
provisions of paragraph a, e or g of subdivision three of section seven-
A. 11241 14
ty-four of the public officers law shall be subject to a civil penalty
in an amount not to exceed the value of any gift, compensation or bene-
fit received as a result of such violation. An individual subject to the
jurisdiction of the commission who knowingly and willfully violates
article one-A of the legislative law shall be subject to civil penalty
as provided for in that article. Assessment of a civil penalty here-
under shall be made by the commission with respect to persons subject to
its jurisdiction. In assessing the amount of the civil penalties to be
imposed, the commission shall consider the seriousness of the violation,
the amount of gain to the individual and whether the individual previ-
ously had any civil or criminal penalties imposed pursuant to this
section, and any other factors the commission deems appropriate. For a
violation of this subdivision, other than for conduct which constitutes
a violation of section one hundred seven of the civil service law,
subdivisions twelve or fourteen through seventeen of section seventy-
three or section seventy-four of the public officers law or article
one-A of the legislative law, the commission [may, in lieu of a civil
penalty,] SHALL refer a violation to the appropriate prosecutor OR TO
THE ATTORNEY GENERAL and upon such conviction, such violation shall be
punishable as a class A misdemeanor. A civil penalty for false filing
may not be imposed hereunder in the event a category of "value" or
"amount" reported hereunder is incorrect unless such reported informa-
tion is falsely understated. Notwithstanding any other provision of law
to the contrary, no other penalty, civil or criminal may be imposed for
a failure to file, or for a false filing, of such statement, or a
violation of section seventy-three of the public officers law, except
that the appointing authority may impose disciplinary action as other-
wise provided by law. The commission may refer violations of this subdi-
vision to the appointing authority for disciplinary action as otherwise
provided by law. The commission shall be deemed to be an agency within
the meaning of article three of the state administrative procedure act
and shall adopt rules governing the conduct of adjudicatory proceedings
and appeals taken pursuant to a proceeding commenced under article
seventy-eight of the civil practice law and rules relating to the
assessment of the civil penalties herein authorized and commission
denials of requests for certain deletions or exemptions to be made from
a financial disclosure statement as authorized in paragraph (h) or para-
graph (i) of subdivision nine of this section. Such rules, which shall
not be subject to the approval requirements of the state administrative
procedure act, shall provide for due process procedural mechanisms
substantially similar to those set forth in article three of the state
administrative procedure act but such mechanisms need not be identical
in terms or scope. Assessment of a civil penalty or commission denial of
such a request shall be final unless modified, suspended or vacated
within thirty days of imposition, with respect to the assessment of such
penalty, or unless such denial of request is reversed within such time
period, and upon becoming final shall be subject to review at the
instance of the affected reporting individuals in a proceeding commenced
against the commission, pursuant to article seventy-eight of the civil
practice law and rules.
16. In addition to any other powers and duties specified by law, the
commission shall have the power and duty to:
(a) Promulgate rules concerning restrictions on outside activities and
limitations on the receipt of gifts and honoraria by persons subject to
its jurisdiction, provided, however, a violation of such rules in and of
itself shall not be punishable pursuant to subdivision thirteen of this
A. 11241 15
section unless the conduct constituting the violation would otherwise
constitute a violation of this section; and
(b) [Conduct training programs in cooperation with the governor's
office of employee relations to provide education to individuals subject
to its jurisdiction; and
(c)] Administer and enforce all the provisions of this section; and
[(d)] (C) Conduct any investigation necessary to carry out the
provisions of this section. Pursuant to this power and duty, the commis-
sion may administer oaths or affirmations, subpoena witnesses, compel
their attendance and require the production of any books or records
which it may deem relevant or material;
S 22. Subdivision (a) of section 1-c of the legislative law, as added
by chapter 2 of the laws of 1999, is amended to read as follows:
(a) The term "lobbyist" shall mean every person or organization
retained, employed or designated by any client to engage in lobbying.
The term "lobbyist" shall [not] include any officer, director, trustee,
employee, counsel or agent of the state, or any municipality or subdivi-
sion thereof of New York when discharging their official duties[; except
those], INCLUDING officers, directors, trustees, employees, counsels, or
agents of colleges, as defined by section two of the education law.
S 23. Subdivisions (f) and (g) of section 1-d of the legislative law,
as amended by chapter 14 of the laws of 2007, are amended and a new
subdivision (h) is added to read as follows:
(f) issue advisory opinions to those under its jurisdiction. Such
advisory opinions, which shall be published and made available to the
public, shall not be binding upon such commission except with respect to
the person to whom such opinion is rendered, provided, however, that a
subsequent modification by such commission of such an advisory opinion
shall operate prospectively only; [and]
(g) submit by the first day of March next following the year for which
such report is made to the governor and the members of the legislature
an annual report summarizing the commission's work, listing the lobby-
ists and clients required to register pursuant to this article and the
expenses and compensation reported pursuant to this article and making
recommendations with respect to this article. The commission shall make
this report available free of charge to the public[.]; AND
(H) BE RESPONSIBLE FOR THE ETHICS TRAINING OF LOBBYISTS AS FOLLOWS:
(I) THE COMMISSION SHALL GATHER AND POST ON A WEBSITE MATERIALS RELE-
VANT TO LOBBYIST ETHICS, INCLUDING, BUT NOT LIMITED TO, THE STATUTES AND
REGULATIONS OF NEW YORK RELATING TO ETHICS IN THE PUBLIC OFFICERS LAW,
THE ELECTION LAW, THE LEGISLATIVE LAW, AND THE LABOR LAW. SUCH MATERIALS
SHALL BE IN A FORM THAT ALLOWS THEM TO BE DOWNLOADED FROM THE INTERNET.
(II) IN CONJUNCTION WITH AN INDIVIDUAL'S INITIAL REGISTRATION AS A
LOBBYIST PURSUANT TO SECTION ONE-E OF THIS ARTICLE, THE COMMISSION SHALL
INFORM THAT INDIVIDUAL, IN WRITING, OF THE WEBSITE WHERE IT HAS POSTED
MATERIALS RELEVANT TO LOBBYIST ETHICS AND THAT THE LOBBYIST MUST
COMPLETE AN ONLINE TRAINING COURSE AND MUST INDICATE BY SIGNATURE ON A
FORM PREPARED BY THE COMMISSION AND MADE AVAILABLE ON THE SAME WEBSITE,
THAT HE OR SHE HAS COMPLETED SUCH COURSE.
(III) THE COMMISSION SHALL PROVIDE AN ONLINE ETHICS TRAINING COURSE
FOR INDIVIDUALS REGISTERED AS LOBBYISTS PURSUANT TO SECTION ONE-E OF
THIS ARTICLE. THE CURRICULUM FOR THE COURSE SHALL INCLUDE, BUT NOT BE
LIMITED TO, EXPLANATIONS AND DISCUSSIONS OF THE STATUTES AND REGULATIONS
OF NEW YORK CONCERNING ETHICS IN THE PUBLIC OFFICERS LAW, THE ELECTION
LAW, THE LEGISLATIVE LAW, AND THE LABOR LAW, SUMMARIES OF ADVISORY OPIN-
IONS, UNDERLYING PURPOSES AND PRINCIPLES OF THE RELEVANT LAWS, AND EXAM-
A. 11241 16
PLES OF PRACTICAL APPLICATION OF THE LAWS AND PRINCIPLES. THE COMMISSION
SHALL PREPARE THOSE METHODS AND MATERIALS NECESSARY TO IMPLEMENT THE
CURRICULUM.
(IV) EACH INDIVIDUAL REGISTERED AS A LOBBYIST PURSUANT TO SECTION
ONE-E OF THIS ARTICLE SHALL COMPLETE A TRAINING COURSE PROVIDED PURSUANT
TO THE PROVISIONS OF THIS SUBDIVISION AT LEAST ONCE IN ANY THREE-YEAR
PERIOD DURING WHICH HE OR SHE IS REGISTERED AS A LOBBYIST.
S 24. Intentionally omitted.
S 25. Intentionally omitted.
S 26. Subdivision 2 of section 5 of the legislative law, as amended by
section 1 of part M-1 of chapter 407 of the laws of 1999, is amended to
read as follows:
2. Each member of the legislature shall receive payment of actual and
necessary transportation expenses and a per diem equivalent to the most
recent federal per diem rates published by the General Services Adminis-
tration and set forth in 41 CFR (Code of Federal Regulations) Part 301,
App. A, while in travel status in the performance of his or her duties;
and such other reasonable expenses as may be necessary for the perform-
ance of the member's responsibilities as determined by the temporary
president of the senate or speaker of the assembly for their respective
houses. The per diem allowances, including partial per diem allowances,
shall be made pursuant to regulations promulgated by the temporary pres-
ident of the senate and the speaker of the assembly for their respective
houses, on audit and warrant of the comptroller on vouchers approved by
the temporary president of the senate or his or her designee and the
speaker of the assembly or his or her designee for their respective
houses. WHEN FILING A VOUCHER FOR THE PER DIEM ALLOWANCE, EACH MEMBER
OF THE LEGISLATURE SHALL FILE A CERTIFICATION INCLUDED IN SUCH VOUCHER
STATING THAT SUCH EXPENSES WERE INCURRED IN THE RENDERING OF LEGISLATIVE
DUTIES, AND THAT THE VOUCHER IS JUST, TRUE AND CORRECT, AND THAT THE
BALANCE SHOWN IS ACTUALLY DUE AND OWING, AND THE TAXES FROM WHICH THE
STATE IS EXEMPT ARE EXCLUDED THEREFROM AND THE VOUCHER SUBMITTED IN
ACCORDANCE WITH RULES PROMULGATED BY THE SPEAKER OF THE ASSEMBLY OR THE
TEMPORARY PRESIDENT OF THE SENATE.
FOR THE PAYMENT OF ACTUAL AND NECESSARY TRANSPORTATION EXPENSES THE
MEMBER SHALL FILE A CERTIFICATION ON SUCH VOUCHER STATING THAT SUCH
MEMBER OF THE LEGISLATURE INCURRED SUCH TRANSPORTATION EXPENSES FROM HIS
OR HER OWN PERSONAL FUNDS, AND WAS NOT REIMBURSED OR PAID FROM ANY OTHER
SOURCE FOR SUCH TRANSPORTATION EXPENSES, THAT SUCH EXPENSES WERE
INCURRED IN THE RENDERING OF LEGISLATIVE DUTIES, AND THAT THE VOUCHER IS
JUST, TRUE, AND CORRECT, AND THAT THE BALANCE SHOWN IS ACTUALLY DUE AND
OWING.
S 27. Intentionally omitted.
S 28. The legislative law is amended by adding a new section 5-b to
read as follows:
S 5-B. STAFF ALLOCATION. 1. EXCEPT AS PROVIDED IN THIS SECTION, EVERY
MEMBER OF THE STATE SENATE SHALL HAVE THE SAME STAFF ALLOCATION AS EVERY
OTHER MEMBER OF THE STATE SENATE AND EVERY MEMBER OF THE ASSEMBLY SHALL
HAVE THE SAME STAFF ALLOCATION AS EVERY OTHER MEMBER OF THE ASSEMBLY.
2. EVERY STATE SENATOR OR MEMBER OF THE ASSEMBLY WHO IS ASSIGNED TO
SERVE AS CHAIRPERSON OF A STANDING COMMITTEE SHALL ALSO RECEIVE AN ADDI-
TIONAL ALLOCATION DESIGNED TO REASONABLY ALLOW SUCH CHAIRPERSON TO HIRE
A COMMITTEE DIRECTOR AND COMMITTEE CLERK DEDICATED TO COMMITTEE RELATED
WORK. SUCH ALLOCATION SHALL BE NINETY THOUSAND DOLLARS FOR ALL COMMIT-
TEES EXCEPT THE CODES, EDUCATION, HEALTH, AND HIGHER EDUCATION COMMIT-
TEES IN BOTH THE SENATE AND ASSEMBLY, IN WHICH CASE SUCH ALLOCATION
A. 11241 17
SHALL BE ONE HUNDRED FORTY-FIVE THOUSAND DOLLARS; AND TWO HUNDRED THOU-
SAND DOLLARS FOR THE CHAIRPERSON OF THE FINANCE COMMITTEE IN THE SENATE
AND THE WAYS AND MEANS COMMITTEE IN THE ASSEMBLY.
3. EVERY STATE SENATOR OR MEMBER OF THE ASSEMBLY WHO SERVES IN THE
CAPACITY AS RANKING MEMBER OF A STANDING COMMITTEE SHALL ALSO RECEIVE AN
ADDITIONAL ALLOCATION DESIGNED TO REASONABLY ALLOW SUCH RANKING MEMBER
TO HIRE STAFF DEDICATED TO COMMITTEE RELATED WORK. SUCH ALLOCATION SHALL
BE THIRTY THOUSAND DOLLARS EXCEPT IN THE CASE OF THE CODES, EDUCATION,
HEALTH, AND HIGHER EDUCATION COMMITTEES SUCH AMOUNT SHALL BE FIFTY-FIVE
THOUSAND DOLLARS; AND IN THE CASE OF THE RANKING MEMBER OF THE SENATE
FINANCE COMMITTEE OR RANKING MEMBER OF THE ASSEMBLY WAYS AND MEANS
COMMITTEE, NINETY-FIVE THOUSAND DOLLARS.
4. ALL EMPLOYEES WHOSE SALARY IS NOT CHARGED AGAINST THE STAFF ALLO-
CATION OF AN INDIVIDUAL MEMBER OF THE LEGISLATURE SHALL BE DEEMED
EMPLOYEES OF THE CENTRAL STAFF OF THE SENATE OR CENTRAL STAFF OF THE
ASSEMBLY, AS THE CASE MAY BE. THERE SHALL BE A CENTRAL STAFF ALLOCATION
WHICH SHALL ALLOW FOR THE HIRING OF INDIVIDUALS PURSUANT TO THE RECOM-
MENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER
OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE MINORITY LEADER OF
THE ASSEMBLY. THE PERCENTAGE OF DOLLARS TO BE ALLOCATED TO THE TEMPORARY
PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER
OF THE ASSEMBLY, AND THE MINORITY LEADER OF THE ASSEMBLY SHALL BE BASED
UPON THE NUMBER OF MEMBERS OF THE SENATE AND NUMBER OF MEMBERS OF THE
ASSEMBLY IN THE MAJORITY AND MINORITY POLITICAL PARTY OF EACH HOUSE. IN
THE EVENT A MEMBER OF THE LEGISLATURE IS NOT ENROLLED IN EITHER THE
MAJORITY POLITICAL PARTY IN HIS OR HER HOUSE OR THE SECOND MOST POPU-
LATED POLITICAL PARTY IN HIS OR HER HOUSE, SUCH MEMBER MAY DECLARE THAT
HE OR SHE WISHES TO HAVE HIS OR HER MEMBERSHIP COUNTED IN ONE OF THE TWO
POLITICAL PARTIES SOLELY FOR THE PURPOSE OF STAFF ALLOCATION RATIOS.
SUCH DECLARATION SHALL BE GIVEN IN WRITING TO THE SECRETARY OF THE
SENATE OR CLERK OF THE ASSEMBLY WITHIN SEVENTY DAYS OF HIS OR HER
ELECTION. THE ALLOCATION FOR CENTRAL STAFF SHALL NOT CHANGE DURING THE
TWO YEAR TERM OF OFFICE WHICH COMMENCES EVERY JANUARY FIRST OF ODD
NUMBERED YEARS AND ENDS AT THE END OF DECEMBER THE FOLLOWING YEAR. IN
ANY EVENT, THE MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF
THE ASSEMBLY SHALL HAVE A MINIMUM OF THIRTY-FIVE PERCENT OF THE CENTRAL
STAFF ALLOCATION AUTHORITY.
5. NOT LATER THAN THE FIRST OF JANUARY FOLLOWING THE EFFECTIVE DATE OF
THIS SECTION, THE SPEAKER OF THE ASSEMBLY AND TEMPORARY PRESIDENT OF THE
SENATE SHALL ALLOCATE TO EACH MEMBER OF THE LEGISLATURE HIS OR HER STAFF
ALLOCATION PURSUANT TO THIS SECTION.
6. THERE SHALL BE A CENTRALIZED RESEARCH SERVICE FOR THE SENATE AND
ASSEMBLY BASED ON ASSIGNED AREAS OF RESEARCH AND EXPERTISE WHICH SHALL
BE JOINTLY ADMINISTERED BY THE SECRETARY OF THE SENATE AND THE CLERK OF
THE ASSEMBLY. INDIVIDUALS EMPLOYED BY SUCH CENTRALIZED RESEARCH SERVICE
SHALL BE HIRED UPON THE UNANIMOUS RECOMMENDATION OF THE TEMPORARY PRESI-
DENT OF THE SENATE, MINORITY LEADER OF THE SENATE, SPEAKER OF THE ASSEM-
BLY AND THE MINORITY LEADER OF THE ASSEMBLY.
S 29. Section 10 of the legislative law, as amended by chapter 230 of
the laws of 1949, is amended to read as follows:
S 10. Compensation of officers and employees. The secretary of the
senate, the clerk of the assembly, and all other officers and employees
of the senate and assembly, shall be paid the compensation fixed by the
appointing officer within the amount provided by appropriation AND
PURSUANT TO THE PROVISIONS OF SECTION FIVE-B OF THIS ARTICLE.
S 29-a. Sections 50 and 51 of the legislative law are REPEALED.
A. 11241 18
S 30. The legislative law is amended by adding a new article 2-B to
read as follows:
ARTICLE 2-B
PROCEDURE APPLICABLE TO THE SENATE AND THE ASSEMBLY
SECTION 39-A. CHAMBERS, LOBBIES, ROOMS AND PROPERTY.
39-B. CONTENTS OF BILLS.
39-C. FISCAL IMPACT NOTES.
39-D. FISCAL NOTE IN RETIREMENT BILLS.
39-E. INTRODUCTION OF BILLS.
39-F. CO-SPONSORSHIP OF BILLS.
39-G. FINAL DAY FOR INTRODUCTION OF BILLS.
39-H. RESOLUTIONS.
39-I. AMENDMENTS TO BILLS.
39-J. READING OF BILLS.
39-K. REVISION AND ENGROSSING.
39-L. TRANSMITTAL OF BILLS TO THE GOVERNOR.
39-M. RULES REGARDING STANDING COMMITTEES.
39-N. COMMITTEE ON CONFERENCE.
39-O. MEMBERS.
S 39-A. CHAMBERS, LOBBIES, ROOMS AND PROPERTY. THE USE OF THE SENATE
AND ASSEMBLY CHAMBERS, LOBBIES, ROOMS AND PROPERTY SHALL BE CONTROLLED
BY THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEM-
BLY, RESPECTIVELY. ACCESS TO ROOMS AND FACILITIES BY THE MINORITY OF
EITHER HOUSE SHALL NOT BE UNREASONABLY WITHHELD AND ONCE GRANTED, NOT
CHANGED WITHOUT CONSENT. THE TEMPORARY PRESIDENT OF THE SENATE OR THE
SPEAKER OF THE ASSEMBLY, RESPECTIVELY, SHALL DIRECT THE SERGEANT-AT-ARMS
OF SUCH OFFICER'S HOUSE TO PERFORM SUCH ACTS AS MAY BE NECESSARY TO
PRESERVE ORDER.
S 39-B. CONTENTS OF BILLS. 1. THE TITLE OF EVERY BILL SHALL BE AS
FOLLOWS:
(A) THE TITLE OF EVERY BILL SHALL BRIEFLY STATE THE SUBJECT THEREOF.
(B) THE TITLE OF EVERY BILL AMENDING OR REPEALING ANY PROVISION OF A
CONSOLIDATED LAW SHALL REFER TO SUCH LAW.
(C) THE TITLE OF EVERY BILL AMENDING OR REPEALING ANY UNCONSOLIDATED
LAW SHALL REFER TO SUCH LAW BY ITS SHORT TITLE, IF IT HAVE ONE; IF IT
HAVE NO SHORT TITLE, THE TITLE OF SUCH BILL SHALL STATE THE CHAPTER
NUMBER, YEAR OF ENACTMENT AND THE COMPLETE TITLE OF THE ORIGINAL BILL OR
A SHORT SUMMARY OF THE PROVISIONS TO WHICH THE LAW RELATES.
(D) IF SUCH BILL IS AMENDING OR REPEALING A PROPOSED PROVISION OF LAW
CONTAINED IN A BILL THAT HAS NOT BEEN ENACTED INTO LAW, THE TITLE SHALL
STATE THE NUMBER OF THE BILL CONTAINING THE PROPOSED PROVISION OF LAW TO
BE AMENDED OR REPEALED, WITH SUFFIX, IF THERE BE ONE, AND THE SUBJECT OF
THE PROVISIONS TO WHICH THE AMENDATORY BILL RELATES.
2. THE BILL SECTIONS OF EVERY BILL SHALL BE AS FOLLOWS:
(A) IN ANY BILL, EACH SECTION PROPOSING AN AMENDMENT TO OR THE REPEAL
OF: (I) ANY CONSOLIDATED LAW, OR ANY PART THEREOF; OR (II) THE FAMILY
COURT ACT, THE COURT OF CLAIMS ACT, THE UNIFORM DISTRICT COURT ACT, THE
UNIFORM JUSTICE COURT ACT, THE UNIFORM CITY COURT ACT, THE NEW YORK CITY
CHARTER, THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, THE NEW YORK
CITY CIVIL COURT ACT, THE NEW YORK CITY CRIMINAL COURT ACT, OR THE CHAR-
TER OF THE CITY OF BUFFALO, OR ANY PART THEREOF SHALL REFER TO SUCH LAW,
ACT, CHARTER OR CODE.
(B) IN ANY BILL, EACH SECTION PROPOSING AN AMENDMENT TO OR THE REPEAL
OF AN UNCONSOLIDATED LAW HAVING A SHORT TITLE, OR ANY PART THEREOF,
SHALL REFER TO SUCH LAW BY ITS CHAPTER NUMBER AND YEAR OF ENACTMENT AND
ITS SHORT TITLE. IF AN UNCONSOLIDATED LAW SHALL HAVE NO SHORT TITLE,
A. 11241 19
EACH SECTION SHALL STATE THE CHAPTER NUMBER AND YEAR OF ENACTMENT OF
SUCH LAW AND A SHORT SUMMARY OF THE PROVISIONS TO WHICH THE LAW RELATES
OR THE COMPLETE TITLE OF THE ORIGINAL BILL.
(C) IF SUCH SECTION AMENDS OR REPEALS A PROPOSED PROVISION OF LAW
CONTAINED IN A BILL THAT HAS NOT BEEN ENACTED INTO LAW, EACH SECTION
SHALL STATE THE NUMBER OF THE BILL CONTAINING SUCH PROPOSED PROVISIONS
OF LAW TO BE AMENDED OR REPEALED, WITH SUFFIX, IF THERE BE ONE.
(D) IF THE PORTION OF THE LAW PROPOSED TO BE AMENDED HAS BEEN ADDED,
RENUMBERED OR AMENDED SINCE THE ORIGINAL ENACTMENT OR LAST GENERAL
REVISION OF THE LAW OF WHICH IT IS A PART, SUCH SECTION SHALL ALSO STATE
THE CHAPTER NUMBER AND YEAR OF THE LAST ACT ADDING, RENUMBERING OR
AMENDING THE SAME, AS THE CASE MAY BE.
3. THE BODY OF EVERY BILL SHALL BE AS FOLLOWS.
(A) EVERY BILL AMENDING, ADDING TO OR REPEALING EXISTING LAW, UPON ITS
INTRODUCTION, AND IF REPRINTED, MUST, IN THE BODY OF THE BILL HAVE:
(I) ALL NEW MATTER TO BE ADDED TO OR INSERTED IN EXISTING LAW UNDER-
SCORED;
(II) ALL MATTER TO BE ELIMINATED BY AMENDMENT FROM EXISTING LAW PRINT-
ED IN ITS PROPER PLACE IN THE BILL ENCLOSED IN BLACK-FACED BRACKETS;
(III) THE WORD "REPEALED," WHEN ANY EXISTING LAW OR PART THEREOF IS
PROPOSED TO BE REPEALED, PRINTED IN BOLDFACE TYPE; AND
(IV) WHENEVER IT IS PROPOSED TO AMEND ONLY A PART OF A WORD IN EXIST-
ING LAW, THE WHOLE OF SUCH WORD SHALL BE PRINTED IN ITS PROPER PLACE
ENCLOSED IN BLACK-FACED BRACKETS AND THE WHOLE WORD AS PROPOSED SHALL BE
UNDERSCORED.
(B) WHENEVER A BILL IS AMENDED BY ELIMINATING PROPOSED NEW MATTER,
SUCH NEW MATTER SHALL BE OMITTED IN THE REPRINT OF THE BILL.
4. THERE SHALL BE APPENDED AT THE END OF EVERY BILL INTRODUCED, WHICH
PROPOSES THE REPEAL OR EXTENSION OF ANY EXISTING LAW, OR PART THEREOF,
MERELY BY REFERENCE THERETO, WITHOUT SETTING FORTH THE TEXT THEREOF, AN
EXPLANATORY NOTE WHICH SHALL BRIEFLY AND CONCISELY STATE THE SUBJECT
MATTER OF THE LAW, OR PART THEREOF, PROPOSED TO BE REPEALED OR EXTENDED,
UNLESS SUCH SUBJECT MATTER IS STATED IN THE TITLE OF SUCH BILL.
5. WHENEVER IT SHALL BE CALLED TO THE ATTENTION OF THE TEMPORARY PRES-
IDENT OF THE SENATE OR THE SPEAKER OF THE ASSEMBLY, RESPECTIVELY, THAT
ANY BILL INTRODUCED IN SUCH OFFICER'S HOUSE IS NOT DRAWN OR PRINTED IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, SUCH OFFICER MAY, IN HIS
OR HER DISCRETION, DIRECT THE CLERK OF THE OFFICE OF SENATE REVISION OR
THE INDEX CLERK OF THE ASSEMBLY, RESPECTIVELY, TO CAUSE SUCH BILL TO BE
IMMEDIATELY AMENDED AND REPRINTED SO AS TO COMPLY THEREWITH, AND WHEN
REPRINTED SAID BILL SHALL BE RESTORED TO THE PLACE IT HELD WHEN SUCH
DIRECTION WAS GIVEN.
6. THERE SHALL BE APPENDED TO EVERY BILL INTRODUCED, AN INTRODUCER'S
MEMORANDUM SETTING FORTH THE PURPOSE OF THE BILL, A SUMMARY OF ITS
PROVISIONS, A STATEMENT OF ITS FISCAL IMPACT ON THE STATE, A STATEMENT
OF ITS IMPACT ON THE REGULATION OF BUSINESSES AND INDIVIDUALS AND A
STATEMENT AS TO WHETHER THE BILL IMPOSES OR CHANGES ANY FINE, TERM OF
IMPRISONMENT, FORFEITURE OF RIGHTS OR OTHER PENAL SANCTION, TOGETHER
WITH THE NATURE OF SUCH IMPOSITION OR CHANGE IN A FORMAT AND LENGTH TO
BE PRESCRIBED BY THE TEMPORARY PRESIDENT OF THE SENATE OR THE SPEAKER OF
THE ASSEMBLY, RESPECTIVELY. WHENEVER A BILL IS AMENDED BY ITS SPONSOR,
IT SHALL BE THE DUTY OF THE SPONSOR TO FILE AN AMENDED MEMORANDUM
SETTING FORTH THE SAME MATERIAL AS REQUIRED IN THE ORIGINAL MEMORANDUM.
IN ADDITION, WHENEVER A BILL IS REPORTED BY A COMMITTEE AS AMENDED, IT
SHALL BE THE DUTY OF THE COMMITTEE TO SUBMIT AN AMENDED MEMORANDUM.
A. 11241 20
7. MEMBERS SHALL HAVE THE RIGHT TO HAVE ALL BILLS DRAFTED WITHIN A
REASONABLE PERIOD OF TIME.
S 39-C. FISCAL IMPACT NOTES. 1. FISCAL IMPACT NOTES SHALL BE REQUIRED
FOR ALL BILLS AND AMENDMENTS, OTHER THAN THOSE EXCEPTED AS PROVIDED IN
SECTION FOUR HEREOF, WHICH WOULD SUBSTANTIALLY AFFECT THE REVENUES OR
EXPENSES, OR BOTH, OF ANY COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT
OR SPECIAL DISTRICT (HEREINAFTER REFERRED TO AS "POLITICAL SUBDIVI-
SIONS"). FOR PURPOSES OF THIS SECTION, THE TERM "SPECIAL DISTRICT" SHALL
MEAN A DISTRICT POSSESSING THE POWER TO CONTRACT INDEBTEDNESS AND LEVY
OR REQUIRE THE LEVY OF TAXES OR BENEFIT ASSESSMENTS UPON REAL PROPERTY.
2. FISCAL IMPACT NOTES SHALL BE DEEMED SUFFICIENT FOR PURPOSES OF THIS
SECTION IF PREPARED IN CONFORMITY WITH THIS SUBDIVISION.
(A) FISCAL IMPACT UPON POLITICAL SUBDIVISIONS SHALL BE ESTIMATED ON
THE BASIS OF ANY ONE OR MORE OF THE FOLLOWING:
(I) INDIVIDUAL POLITICAL SUBDIVISIONS; OR
(II) AGGREGATES OF POLITICAL SUBDIVISIONS (A) STATEWIDE OR BY LESSER
GEOGRAPHIC AREA, OR (B) BY CLASSIFICATION OR SUBCLASSIFICATION OF RELE-
VANT CHARACTERISTICS; OR
(III) REPRESENTATIVE POLITICAL SUBDIVISIONS WITH RELEVANT CHARACTER-
ISTICS THEREOF QUANTITATIVELY SET FORTH, E.G., POPULATION, AREA, WEIGHT-
ED AVERAGE DAILY ATTENDANCE OF PUPILS; OR
(IV) ANY OTHER APPROPRIATE, CONVENIENT OR ACCESSIBLE GROUPING OF POLI-
TICAL SUBDIVISIONS.
(B) FISCAL IMPACT MEASUREMENTS SHALL BE MADE IN UNITS OF MONEY,
PERSONAL SERVICES, EQUIPMENT, OR ANY OTHER APPROPRIATE, CONVENIENT OR
ACCESSIBLE UNITS OF MEASUREMENT.
(C) A FISCAL IMPACT NOTE FILED BY THE SPONSOR OF A BILL WHICH STATES
THAT THE FISCAL IMPACT OF THE BILL IS NEGLIGIBLE SHALL BE DEEMED TO BE
IN COMPLIANCE WITH THIS SECTION.
3. (A) (I) THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
THE ASSEMBLY SHALL EACH DESIGNATE A PERSON IN SUCH OFFICER'S RESPECTIVE
HOUSE TO EXAMINE EACH BILL IN SUCH HOUSE, WITHOUT REGARD TO ITS HOUSE OF
ORIGIN, FOR THE PURPOSE OF ASCERTAINING WHETHER A FISCAL IMPACT NOTE IS
REQUIRED PURSUANT TO THIS SECTION, AND IF SUCH NOTE IS REQUIRED, SUCH
PERSON SHALL SO NOTIFY THE SPONSOR OF SUCH BILL.
(II) THE SPONSOR OF SUCH BILL SHALL PROVIDE SUCH FISCAL IMPACT NOTE ON
A SEPARATE FORM PRESCRIBED THEREFOR BY THE TEMPORARY PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE ASSEMBLY JOINTLY.
(III) SUCH FISCAL IMPACT NOTE SHALL STATE THE SOURCE THEREOF, WHICH
MAY BE THE SPONSOR; PROVIDED, HOWEVER, THAT IN THE CASE OF A BILL
PROPOSED BY A STATE DEPARTMENT OR AGENCY, SUCH NOTE SHALL BE PREPARED
AND FURNISHED BY SUCH DEPARTMENT OR AGENCY. IF AN OUTSIDE ACTUARY IS
UTILIZED, SUCH FISCAL IMPACT NOTES SHALL BE PREPARED BY ACTUARIES WHO
SHALL ATTEST TO NO CONFLICT OF INTEREST.
(IV) SUCH DESIGNATED PERSON IN EACH HOUSE SHALL THEREUPON REVIEW EACH
FISCAL IMPACT NOTE FOR COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
(B) NO BILL REQUIRING A FISCAL IMPACT NOTE SHALL BE REPORTED TO THE
FLOOR OF THE HOUSE UNLESS ACCOMPANIED BY THE APPROPRIATE NOTE FOR THE
VERSION OF SUCH BILL SO REPORTED, EXCEPT AS PROVIDED IN SUBDIVISION FOUR
OF THIS SECTION.
(C) IF AN AMENDMENT TO A BILL HAS A FISCAL IMPACT, THE MEMBER OFFERING
SUCH AMENDMENT SHALL PROVIDE THE FISCAL IMPACT NOTE REQUIRED BY SUCH
AMENDMENT. IF SUCH AMENDMENT PREVAILS, THE SPONSOR SHALL PROVIDE A
FISCAL IMPACT NOTE FOR THE AMENDED BILL BEFORE FINAL PASSAGE, UNLESS
EXCEPTED PURSUANT TO PARAGRAPH (F) OF SUBDIVISION FOUR OF THIS SECTION.
4. EXCEPTIONS. A FISCAL IMPACT NOTE SHALL NOT BE REQUIRED FOR A BILL:
A. 11241 21
(A) SUBJECT TO THE PROVISIONS OF SECTION THIRTY-NINE-D OF THIS ARTI-
CLE;
(B) REQUESTED BY A COUNTY, CITY, TOWN OR VILLAGE IN ACCORDANCE WITH
THE PROVISIONS OF PARAGRAPH TWO OF SUBDIVISION (B) OF SECTION TWO OF
ARTICLE NINE OF THE CONSTITUTION;
(C) WHICH PROVIDES DISCRETIONARY AUTHORITY TO A POLITICAL SUBDIVISION;
(D) SUBMITTED PURSUANT TO SECTION TWENTY-FOUR OF THE STATE FINANCE
LAW;
(E) REPORTED TO THE FLOOR OF THE HOUSE BY THE RULES COMMITTEE, IF SUCH
COMMITTEE, IN ITS DISCRETION, DETERMINES THAT SUCH ACTION IS IN THE
PUBLIC INTEREST;
(F) WHICH HAS BEEN AMENDED ON THE FLOOR OF EITHER HOUSE, WHERE A
FISCAL IMPACT NOTE WOULD OTHERWISE HAVE BEEN REQUIRED FOR SUCH AMENDED
BILL BY THIS SECTION, IF THE TEMPORARY PRESIDENT OF THE SENATE OR THE
SPEAKER OF THE ASSEMBLY, RESPECTIVELY, IN SUCH OFFICER'S DISCRETION,
DETERMINES THAT THE AMENDED BILL MAY BE ACTED ON IN SUCH OFFICER'S HOUSE
WITHOUT SUCH NOTE; OR
(G) WHICH INADVERTENTLY PASSES THE LEGISLATURE WHERE A FISCAL IMPACT
NOTE WOULD OTHERWISE HAVE BEEN REQUIRED BY THIS SECTION.
5. IF THE ESTIMATE OR ESTIMATES CONTAINED IN A FISCAL IMPACT NOTE ARE
INACCURATE, SUCH INACCURACY SHALL NOT AFFECT, IMPAIR OR INVALIDATE SUCH
BILL.
6. THE PROVISIONS OF THIS SECTION SHALL APPLY TO BILLS AND AMENDMENTS
PROPOSED FOR INTRODUCTION AT THE TWO THOUSAND ELEVEN REGULAR LEGISLATIVE
SESSION AND PERMANENTLY THEREAFTER.
S 39-D. FISCAL NOTE IN RETIREMENT BILLS. A BILL WHICH ENACTS OR AMENDS
ANY PROVISION OF LAW RELATING TO A RETIREMENT SYSTEM OR PLAN OF THE
STATE OF NEW YORK OR OF ANY OF ITS POLITICAL SUBDIVISIONS SHALL CONTAIN
A FISCAL NOTE STATING THE ESTIMATED ANNUAL COST TO THE EMPLOYER AFFECTED
AND THE SOURCE OF SUCH ESTIMATE.
S 39-E. INTRODUCTION OF BILLS. 1. EVERY BILL INTRODUCED IN EITHER
HOUSE SHALL BE IN DUPLICATE AND ACCOMPANIED BY THE INTRODUCER'S MEMORAN-
DUM IN QUADRUPLICATE. SUCH BILL SHALL BE PRESENTED BY THE INTRODUCER TO
THE CLERK OF THE OFFICE OF SENATE REVISION OR THE INDEX CLERK OF THE
ASSEMBLY, RESPECTIVELY, WHO SHALL PROVIDE THE INTRODUCER WITH A DATE AND
TIME STAMPED RECEIPT AND THEN, IN THE CASE OF AN ASSEMBLY BILL, BE
DELIVERED BY THE INDEX CLERK OF THE ASSEMBLY TO THE OFFICE OF ASSEMBLY
REVISION AND, IN THE CASE OF A SENATE BILL, REMAIN WITH THE OFFICE OF
SENATE REVISION, FOR THE PURPOSES SET FORTH IN SUBDIVISION ONE OF
SECTION THIRTY-NINE-K OF THIS ARTICLE. THEREAFTER, SUCH BILL SHALL BE
REFERRED TO A STANDING COMMITTEE, OTHER THAN THE COMMITTEE ON RULES, BY
THE TEMPORARY PRESIDENT OF THE SENATE OR THE SPEAKER OF THE ASSEMBLY,
RESPECTIVELY, AND WITHIN FORTY-EIGHT HOURS, ASSIGNED A NUMBER, PRINTED
AND PLACED ON THE DESKS OF THE MEMBERS OF THE RESPECTIVE HOUSE. THE
CLERK OF THE OFFICE OF SENATE REVISION OR THE INDEX CLERK OF THE ASSEM-
BLY, RESPECTIVELY, SHALL, ON THE DAY OF ITS INTRODUCTION, CAUSE SUCH
BILL TO BE TRANSMITTED TO THE PRINTER. A COPY OF EACH BILL SHALL BE
AVAILABLE FOR PUBLIC INSPECTION IN EITHER THE OFFICE OF SENATE REVISION
OR THE OFFICE OF ASSEMBLY REVISION. THE OFFICE OF SENATE REVISION AND
THE OFFICE OF ASSEMBLY REVISION SHALL MAINTAIN A PHOTOCOPY MACHINE FOR
USE BY THE PUBLIC TO COPY ANY SUCH BILL AT A PER PAGE PRICE TO BE ESTAB-
LISHED BY THE TEMPORARY PRESIDENT OF THE SENATE OR THE SPEAKER OF THE
ASSEMBLY, RESPECTIVELY, PURSUANT TO THE FREEDOM OF INFORMATION LAW.
2. ON OR AFTER NOVEMBER FIFTEENTH OF A CALENDAR YEAR, A MEMBER AND
MEMBER-ELECT MAY SUBMIT A BILL, IN ACCORDANCE WITH SUBDIVISION ONE OF
THIS SECTION, FOR INTRODUCTION AT THE COMMENCEMENT OF THE FOLLOWING
A. 11241 22
LEGISLATIVE SESSION. SUCH PREFILED BILL SHALL BE ASSIGNED A NUMBER AND
REFERRED TO A COMMITTEE, BUT SHALL NOT BE DEEMED INTRODUCED UNTIL THE
COMMENCEMENT OF SUCH LEGISLATIVE SESSION.
3. EACH TIME A BILL IS AMENDED AND REPRINTED, A LETTER OF THE ALPHA-
BET, STARTING WITH "A", SHALL BE ADDED TO ITS NUMBER.
4. ALL BILLS, WHETHER INTRODUCED IN EITHER HOUSE OR COMMUNICATED BY
MESSAGE FROM THE SENATE OR THE ASSEMBLY, OR BY THE GOVERNOR PURSUANT TO
ARTICLE SEVEN OF THE CONSTITUTION, SHALL BE DEEMED TO HAVE HAD THEIR
FIRST READING UNLESS OTHERWISE ORDERED BY THE RESPECTIVE HOUSE AND SHALL
BE REFERRED TO A STANDING COMMITTEE, TO CONSIDER AND REPORT THEREON. AT
ANY TIME THE TEMPORARY PRESIDENT OF THE SENATE OR THE SPEAKER OF THE
ASSEMBLY, RESPECTIVELY, MAY, WITH THE CONSENT OF SUCH OFFICER'S RESPEC-
TIVE HOUSE, CHANGE THE REFERENCE OF ANY BILL. EVERY MESSAGE FROM THE
SENATE OR ASSEMBLY COMMUNICATING AN AMENDMENT TO A BILL OF THE OTHER
HOUSE SHALL, EXCEPT WITH UNANIMOUS CONSENT FOR IMMEDIATE PASSAGE, BE
REFERRED TO THE COMMITTEE WHICH REPORTED THE BILL WITH POWER TO REPORT
AT ANY TIME.
5. NO BILL SHALL BE INTRODUCED IN EITHER HOUSE EXCEPT IN ONE OF THE
FOLLOWING MODES:
(A) BY A MEMBER;
(B) BY A REPORT OF A STANDING COMMITTEE;
(C) BY ORDER OF THE HOUSE;
(D) BY MESSAGE FROM THE SENATE OR THE ASSEMBLY; AND
(E) BY THE GOVERNOR UNDER ARTICLE SEVEN OF THE CONSTITUTION.
6. (A) ANY BILL INTRODUCED IN THE REGULAR LEGISLATIVE SESSION OF THE
FIRST YEAR OF THE TERM OF THE LEGISLATURE SHALL BE DEEMED TO BE REINTRO-
DUCED FOR THE SECOND YEAR OF SUCH TERM, PROVIDED SUCH BILL WAS:
(I) NOT REPORTED FROM A STANDING COMMITTEE;
(II) REPORTED AND REFERRED;
(III) RECOMMITTED TO A STANDING COMMITTEE; OR
(IV) REFERRED BACK TO A STANDING COMMITTEE BY THE COMMITTEE ON RULES
IMMEDIATELY PRIOR TO ADJOURNMENT SINE DIE.
(B) ANY BILL WHICH IN THE FIRST YEAR OF THE TERM OF THE LEGISLATURE
WAS PASSED BY EITHER HOUSE AND DID NOT BECOME LAW, WAS NOT VETOED, OR
WAS SUBSTITUTED BY A BILL OF THE OTHER HOUSE WHICH DID NOT BECOME LAW OR
WHICH WAS NOT VETOED, SHALL BE DEEMED TO BE REINTRODUCED FOR THE SECOND
YEAR OF SUCH TERM AND SHALL BE ORDERED TO THE ORDER OF THIRD READING,
EXCEPT THAT:
(I) ANY SUCH BILL WHICH IN SUCH FIRST YEAR REQUIRED A HOME RULE
MESSAGE FOR PASSAGE SHALL BE REFERRED TO THE COMMITTEE TO WHICH SUCH
BILL WAS ORIGINALLY REFERRED;
(II) UPON REQUEST OF THE INTRODUCER OR THE CHAIRPERSON OF THE COMMIT-
TEE TO WHICH SUCH BILL WAS ORIGINALLY REFERRED, SUCH BILL SHALL BE
COMMITTED TO THE COMMITTEE TO WHICH IT WAS ORIGINALLY REFERRED PROVIDED,
HOWEVER, SUCH REQUEST MAY NOT BE MADE LATER THAN THE SECOND WEDNESDAY
FOLLOWING THE COMMENCEMENT OF THE SECOND YEAR OF THE TERM OF THE LEGIS-
LATURE;
(III) ANY SUCH BILL MAKING AN APPROPRIATION OF MONEY WHICH WAS NOT
REFERRED TO A COMMITTEE PURSUANT TO THE PROVISIONS OF THIS PARAGRAPH,
SHALL BE REFERRED TO THE SENATE FINANCE COMMITTEE OR THE ASSEMBLY
COMMITTEE ON WAYS AND MEANS; AND
(IV) UPON THE REQUEST OF THE CHAIRPERSON OF THE SENATE FINANCE COMMIT-
TEE OR THE ASSEMBLY COMMITTEE ON WAYS AND MEANS, ANY BILL NOT REFERRED
TO A COMMITTEE PURSUANT TO SUBPARAGRAPH (I) OR (II) OF THIS PARAGRAPH,
WHICH IN SUCH FIRST YEAR WAS REPORTED AND REFERRED TO THE SENATE FINANCE
COMMITTEE OR THE ASSEMBLY COMMITTEE ON WAYS AND MEANS PURSUANT TO THE
A. 11241 23
RULES OF THE RESPECTIVE HOUSE SHALL BE COMMITTED TO THE SENATE FINANCE
COMMITTEE OR THE ASSEMBLY COMMITTEE ON WAYS AND MEANS PROVIDED, HOWEVER,
SUCH REQUEST MAY NOT BE MADE LATER THAN THE SECOND WEDNESDAY FOLLOWING
THE COMMENCEMENT OF THE SECOND YEAR OF THE TERM OF THE LEGISLATURE.
7. WHEN A BILL IS SUBMITTED OR PROPOSED BY THE GOVERNOR BY AUTHORITY
OF ARTICLE SEVEN OF THE CONSTITUTION, IT SHALL BECOME, FOR ALL LEGISLA-
TIVE PURPOSES, A LEGISLATIVE BILL, AND UPON RECEIPT THEREOF BY THE
LEGISLATURE, IT SHALL BE ENDORSED "BUDGET BILL" AND BE GIVEN A NUMBER BY
THE SECRETARY OF THE SENATE AND THE INDEX CLERK OF THE ASSEMBLY, RESPEC-
TIVELY, AND SHALL BE REFERRED TO THE SENATE FINANCE COMMITTEE OR THE
ASSEMBLY COMMITTEE ON WAYS AND MEANS, RESPECTIVELY, AND BE PRINTED.
BILLS SUBMITTED BY THE GOVERNOR, OTHER THAN THOSE SUBMITTED PURSUANT TO
ARTICLE SEVEN OF THE CONSTITUTION, SHALL CARRY THE DESIGNATION "INTRO-
DUCED AT THE REQUEST OF THE GOVERNOR."
8. WHENEVER A MEMBER REQUESTS THE PREPARATION OF LEGISLATION FROM THE
LEGISLATIVE BILL DRAFTING COMMISSION, THE BILL DRAFTER ASSIGNED TO
PREPARE SUCH LEGISLATION SHALL DETERMINE IF A SIMILAR BILL HAS ALREADY
BEEN INTRODUCED, AND, IF A SIMILAR BILL HAS BEEN INTRODUCED, THE LEGIS-
LATIVE BILL DRAFTING COMMISSION, ON FORMS PRESCRIBED BY THE COMMISSION,
SHALL NOTIFY THE MEMBER OF SUCH FACT AND INFORM HIM THAT SUBDIVISION TWO
OF SECTION THIRTY-NINE-F OF THIS ARTICLE PERMITS A MEMBER TO BECOME A
CO-SPONSOR OF A BILL ALREADY PRINTED BY FILING A REQUEST THEREFOR WITH
THE CLERK OF THE OFFICE OF SENATE REVISION OR THE INDEX CLERK OF THE
ASSEMBLY, RESPECTIVELY. NOTWITHSTANDING THAT A SIMILAR BILL HAS PREVI-
OUSLY BEEN INTRODUCED, A MEMBER SHALL HAVE THE RIGHT TO HAVE THE LEGIS-
LATION REQUESTED PREPARED BY THE COMMISSION FOR INTRODUCTION.
S 39-F. CO-SPONSORSHIP OF BILLS. 1. ANY NUMBER OF MEMBERS OF EACH
RESPECTIVE HOUSE MAY JOIN IN THE CO-SPONSORSHIP OF A BILL IN SUCH HOUSE.
WHEN A BILL IS FIRST INTRODUCED AND BEFORE IT IS PRINTED, THE NAMES OF
ALL CO-SPONSORS SHALL APPEAR ON THE PRINTED BILL UPON THE FOLLOWING
CONDITIONS:
(A) CO-SPONSORS SHALL FILE A WRITTEN REQUEST TO ACT AS SUCH WITH THE
SENATE REVISION CLERK OR THE INDEX CLERK OF THE ASSEMBLY ON FORMS
PROVIDED. THE REQUEST SO FILED SHALL INDICATE THAT THE FIRST NAME
APPEARING ON THE BILL SHALL BE DEEMED THE INTRODUCER AND ALL OTHERS
DEEMED CO-SPONSORS.
(B) THE INTRODUCER SHALL AT ALL TIMES RETAIN EXCLUSIVE CONTROL OF THE
BILL BUT HIS OR HER CONSENT SHALL NOT BE REQUIRED IN ORDER FOR A MEMBER
TO JOIN IN THE CO-SPONSORSHIP OF SUCH BILL.
(C) AFTER A CO-SPONSORED BILL HAS BEEN PRINTED, ANY CO-SPONSORS DESIR-
ING TO WITHDRAW FROM SUCH CO-SPONSORSHIP SHALL FILE A WRITTEN REQUEST ON
FORMS PROVIDED, SO THAT SUCH MEMBER'S NAME WILL BE STRICKEN AS A
CO-SPONSOR FROM THE RESPECTIVE RECORDS OF THE CLERK OF THE OFFICE OF
SENATE REVISION OR THE INDEX CLERK OF THE ASSEMBLY. THE PRINTED BILL,
HOWEVER, SHALL NOT BE REPRINTED.
2. MEMBERS OF THE LEGISLATURE AND MEMBERS-ELECT MAY CO-SPONSOR BILLS
THAT HAVE BEEN PRE-FILED AND BILLS INTRODUCED AFTER THE OPENING OF EACH
LEGISLATIVE SESSION UPON THE FOLLOWING CONDITIONS:
(A) AFTER A BILL HAS BEEN INTRODUCED AND PRINTED AND BEFORE FINAL
PASSAGE ANY MEMBER OR MEMBERS MAY FILE WITH THE CLERK OF THE OFFICE OF
SENATE REVISION OR THE INDEX CLERK OF THE ASSEMBLY, RESPECTIVELY, ON
FORMS PROVIDED, TO BECOME A CO-SPONSOR OF SUCH BILL, WHICH FORMS MUST BE
SIGNED BY THE CO-SPONSOR.
(B) SUCH BILL SHALL NOT BE REPRINTED SOLELY FOR THE PURPOSE OF ADDING
OR DELETING NAMES OF CO-SPONSORS.
A. 11241 24
(C) THE INTRODUCER SHALL AT ALL TIMES RETAIN EXCLUSIVE CONTROL OF SUCH
BILL.
(D) ANY MEMBER, HAVING BECOME A CO-SPONSOR OF A BILL, MAY WITHDRAW
FROM SUCH BY FILING A WRITTEN REQUEST WITH THE CLERK OF THE OFFICE OF
SENATE REVISION OR THE INDEX CLERK OF THE ASSEMBLY, RESPECTIVELY, ON
FORMS PROVIDED, REQUESTING SUCH MEMBER'S NAME BE STRICKEN AS A CO-SPON-
SOR FROM SUCH CLERK'S RECORDS.
(E) ANY MEMBER WHO HAS BECOME A CO-SPONSOR OF A BILL IN THE MANNER SET
FORTH HEREIN SHALL HAVE THE RIGHT TO DISTRIBUTE SUCH BILL BEARING THE
ENDORSEMENT "CO-SPONSORED BY" AND INSERT HIS OR HER OWN NAME AS CO-SPON-
SOR.
S 39-G. FINAL DAY FOR INTRODUCTION OF BILLS. 1. THE FINAL DAY FOR THE
UNLIMITED INTRODUCTION OF BILLS, INCLUDING THOSE RECOMMENDED BY THE
STATE GOVERNMENT, LOCAL GOVERNMENTS, PUBLIC AUTHORITIES AND OTHER PUBLIC
CORPORATIONS AND ALL DEPARTMENTS, AGENCIES AND OTHER INSTRUMENTALITIES
THEREOF SHALL BE THE LAST TUESDAY IN MAY OF THE SECOND YEAR OF THE TERM
OF THE LEGISLATURE. AFTER THE LAST TUESDAY IN MAY OF SUCH SECOND YEAR,
NO BILL SHALL BE INTRODUCED EXCEPT BY THE COMMITTEE ON RULES, BY MESSAGE
FROM THE SENATE OR THE ASSEMBLY OR, WITH THE CONSENT OF THE TEMPORARY
PRESIDENT OF THE SENATE OR THE SPEAKER OF THE ASSEMBLY, BY MEMBERS
ELECTED AT A SPECIAL ELECTION WHO TAKE OFFICE ON OR AFTER THE FIRST
TUESDAY IN MAY.
2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
BILLS MAY BE INTRODUCED AT ANY TIME BY UNANIMOUS CONSENT OF THE RESPEC-
TIVE HOUSE.
S 39-H. RESOLUTIONS. 1. ORIGINAL RESOLUTIONS, CONCURRENT OR OTHERWISE
OTHER THAN PRIVILEGED RESOLUTIONS MAY BE INTRODUCED BY A MEMBER UNDER
THE PROPER ORDER OF BUSINESS ON OR BEFORE THE LAST TUESDAY IN MAY OF THE
SECOND YEAR OF THE TERM OF THE LEGISLATURE. AFTER THE LAST TUESDAY IN
MAY OF SUCH SECOND YEAR NO SUCH RESOLUTION SHALL BE INTRODUCED EXCEPT BY
THE COMMITTEE ON RULES OR BY MESSAGE FROM THE SENATE OR THE ASSEMBLY OR,
WITH THE CONSENT OF THE TEMPORARY PRESIDENT OF THE SENATE OR THE SPEAKER
OF THE ASSEMBLY, BY MEMBERS ELECTED AT A SPECIAL ELECTION WHO TAKE
OFFICE ON OR AFTER THE LAST TUESDAY IN MAY. SUCH RESOLUTIONS SHALL BE IN
QUADRUPLICATE AND BEAR THE NAME OF THE INTRODUCER AND SHALL BE REFERRED
TO A STANDING COMMITTEE FOR CONSIDERATION AND REPORT. THE INTRODUCER
SHALL BE PROVIDED WITH A DATE AND TIME STAMPED RECEIPT OF THE RESOL-
UTION. NO SUCH RESOLUTION MAY BE INTRODUCED UNLESS COPIES THEREOF FIRST
SHALL HAVE BEEN FURNISHED, IN THE CASE OF A SENATE RESOLUTION, TO THE
TEMPORARY PRESIDENT OF THE SENATE, THE MAJORITY LEADER AND THE MINORITY
LEADER OF THE SENATE, OR, IN THE CASE OF AN ASSEMBLY RESOLUTION, TO THE
SPEAKER OF THE ASSEMBLY, THE MAJORITY LEADER AND THE MINORITY LEADER OF
THE ASSEMBLY. BEFORE THE RESPECTIVE HOUSE MAY VOTE ON A RESOLUTION,
COPIES OF SUCH RESOLUTION SHALL BE PLACED ON EACH MEMBER'S DESK THREE
DAYS PRIOR TO SUCH VOTE. IN THE CASE OF THE SENATE, THE TEMPORARY PRESI-
DENT OF THE SENATE, THE MAJORITY LEADER AND THE MINORITY LEADER OF THE
SENATE AND THE DEPUTY MINORITY LEADER OF THE SENATE, AND, IN THE CASE OF
THE ASSEMBLY, THE SPEAKER OF THE ASSEMBLY, THE MAJORITY LEADER AND THE
MINORITY LEADER OF THE ASSEMBLY AND THE MINORITY LEADER PRO TEMPORE OF
THE ASSEMBLY, MAY WAIVE THE THREE DAY REQUIREMENT.
2. THE FOLLOWING RESOLUTIONS AND MOTIONS RELATING THERETO SHALL BE
CONSIDERED PRIVILEGED AND THEIR PRESENTATION AND CONSIDERATION SHALL BE
IN ORDER UNDER ANY ORDER OF BUSINESS:
(A) RESOLUTIONS RECALLING A BILL FROM THE SENATE OR THE ASSEMBLY;
(B) RESOLUTIONS RETURNING A BILL TO THE SENATE OR THE ASSEMBLY;
A. 11241 25
(C) RESOLUTIONS RELATING TO THE DISPOSITION OF MATTERS IMMEDIATELY
BEFORE THE HOUSE;
(D) RESOLUTIONS RELATING TO THE BUSINESS OF THE DAY INCLUDING ADJOURN-
MENT OR RECESS;
(E) RESOLUTIONS RELATING TO THE IMPEACHMENT OF STATE OR JUDICIAL OFFI-
CERS;
(F) RESOLUTIONS RELATING TO PRINTING BILLS, DOCUMENTS OR CHAPTER
SLIPS;
(G) RESOLUTIONS RELATING TO THE REPORTS OF JOINT LEGISLATIVE COMMIT-
TEES; AND
(H) RESOLUTIONS IN MEMORIUM OR HONORIFIC IN NATURE.
3. MESSAGES FROM THE SENATE OR THE ASSEMBLY COMMUNICATING A CONCURRENT
RESOLUTION TO THE OTHER HOUSE SHALL, IF OBJECTION IS MADE TO IMMEDIATE
CONSIDERATION, BE REFERRED TO THE APPROPRIATE COMMITTEE WITH POWER TO
REPORT AT ANY TIME.
4. CONCURRENT RESOLUTIONS PROPOSING AMENDMENTS TO THE CONSTITUTION OF
THE STATE AND CONCURRENT RESOLUTIONS RATIFYING PROPOSED AMENDMENTS TO
THE CONSTITUTION OF THE UNITED STATES SHALL, FOR ALL LEGISLATIVE
PURPOSES, BE DEEMED TO BE AND TREATED AS BILLS.
5. ALL RESOLUTIONS CALLING FOR OR LEADING TO EXPENDITURES, EXCEPT
RESOLUTIONS FOR PRINTING EXTRA COPIES OF BILLS, DOCUMENTS AND CHAPTER
SLIPS, SHALL BE REFERRED TO THE SENATE FINANCE COMMITTEE OR THE ASSEMBLY
COMMITTEE ON WAYS AND MEANS AND ALL OTHER RESOLUTIONS SHALL BE REFERRED
TO THE APPROPRIATE STANDING COMMITTEE OR TO AN ASSEMBLY CALENDAR, AS THE
TEMPORARY PRESIDENT OF THE SENATE OR THE SPEAKER OF THE ASSEMBLY,
RESPECTIVELY, MAY DESIGNATE.
6. ALL RESOLUTIONS SHALL BE ADOPTED BY A MAJORITY VOTE OF THE MEMBERS
PRESENT AND VOTING, PROVIDED, HOWEVER, CONCURRENT RESOLUTIONS PROPOSING
AMENDMENTS TO THE CONSTITUTION OF THE STATE OR RATIFYING AMENDMENTS TO
THE CONSTITUTION OF THE UNITED STATES AND RESOLUTIONS CALLING FOR OR
LEADING TO THE EXPENDITURE OF MONEY SHALL BE ADOPTED BY A VOTE OF A
MAJORITY OF ALL THE MEMBERS ELECTED TO THE RESPECTIVE HOUSE.
S 39-I. AMENDMENTS TO BILLS. 1. NO AMENDMENT TO A BILL MAY BE OFFERED
UNLESS THE MEMBER PROPOSING THE AMENDMENT DELIVERS THREE COPIES OF THE
BILL WITH THE PROPOSED AMENDMENT CORRECTLY MARKED THEREON AND SIX COPIES
OF THE DETAILED DESCRIPTION OF SUCH AMENDMENT TO THE RESPECTIVE CLERK OF
THE SENATE OR THE ASSEMBLY.
2. A COPY OF EACH AMENDMENT OFFERED BY THE SPONSOR OF A BILL SHALL BE
PROVIDED BY THE SENATE JOURNAL CLERK OR THE ASSEMBLY OFFICE OF JOURNAL
OPERATIONS TO THE CHAIRPERSON AND RANKING MINORITY MEMBER OF ANY STAND-
ING COMMITTEE THAT PREVIOUSLY REPORTED SUCH BILL.
3. PRIOR TO THE COMMENCEMENT OF DEBATE ON A BILL TO WHICH AN AMENDMENT
IS OFFERED BY A MEMBER OTHER THAN THE INTRODUCER, THE CLERK OF THE
SENATE OR THE ASSEMBLY, RESPECTIVELY, SHALL MAKE COPIES THEREOF AND
CAUSE ONE COPY TO BE PLACED ON THE DESK OF EACH MEMBER OF THE RESPECTIVE
HOUSE. WHEN THERE IS MORE THAN ONE AMENDMENT TO A BILL AND ONE OF SUCH
AMENDMENTS IS ADOPTED, ANY OF THE OTHER AMENDMENTS SO OFFERED SHALL, IF
SO REQUESTED BY THE MEMBER OFFERING SAME, BE DEBATED AND VOTED UPON
IMMEDIATELY AFTER SUCH ADOPTION, PROVIDED, HOWEVER, THAT SUCH OTHER
AMENDMENTS ARE OFFERED TO THOSE PROVISIONS OF THE BILL NOT CHANGED BY
THE ADOPTED AMENDMENT AND ARE CONSISTENT WITH THE PROVISIONS OF THE
ADOPTED AMENDMENT.
4. IF A MOTION TO AMEND PREVAILS, THE CLERK OF THE SENATE OR THE
ASSEMBLY SHALL DISTRIBUTE COPIES OF THE BILL WITH THE AMENDMENT CORRECT-
LY MARKED THEREON TOGETHER WITH COPIES OF THE DETAILED DESCRIPTION OF
A. 11241 26
THE AMENDMENT TO THE APPROPRIATE SENATE OR ASSEMBLY OFFICES FOR PURPOSES
OF RENUMBERING AND PRINTING THE BILL AS AMENDED.
5. NO AMENDMENT SHALL BE ALLOWED TO ANY BILL WHICH IS NOT GERMANE TO
THE ORIGINAL OBJECT OR PURPOSE THEREOF.
6. A ROLL CALL OF EACH FLOOR AMENDMENT OFFERED AND CONSIDERED BEFORE
EITHER HOUSE SHALL BE AVAILABLE IN ELECTRONIC FORMAT THROUGH THE LEGIS-
LATIVE RETRIEVAL SYSTEM WITHIN TWENTY-FOUR HOURS OF THE VOTE.
S 39-J. READING OF BILLS. 1. EVERY BILL SHALL RECEIVE THREE SEPARATE
READINGS, AND ON THREE DIFFERENT DAYS, PREVIOUS TO ITS PASSAGE, EXCEPT
WHEN ORDERED TO A THIRD READING PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
SIX OF SECTION THIRTY-NINE-E OF THIS ARTICLE, BY UNANIMOUS CONSENT OR
WHEN MADE A SPECIAL ORDER, OR WHEN ACCOMPANIED BY A MESSAGE OF NECESSITY
PURSUANT TO SECTION FOURTEEN OF ARTICLE THREE OF THE CONSTITUTION. NO
MESSAGE OF NECESSITY SHALL BE ACCEPTED FROM THE GOVERNOR UNLESS AT LEAST
TWO-THIRDS OF THE MEMBERS OF THE RESPECTIVE HOUSE HAVE APPROVED THE
MESSAGE.
2. BILLS PLACED ON THE ORDER OF SECOND READING, AS PROVIDED FOR IN THE
RULES OF THE SENATE OR THE ASSEMBLY, SHALL BE SUBJECT TO DEBATE BEFORE
THE MOTION TO ORDER THEM TO A THIRD READING IS ENTERTAINED. ONE-HALF
HOUR SHALL BE ALLOWED FOR SUCH DEBATE, BUT NO PERSON SHALL SPEAK MORE
THAN FIFTEEN MINUTES, EXCEPT BY CONSENT OF THE RESPECTIVE HOUSE. THE
MAIN QUESTION, HOWEVER, IF ORDERED, SHALL BE ON THE ADVANCEMENT OF THE
BILL; BUT WHEN AMENDMENTS ARE PENDING THE QUESTION SHALL FIRST BE TAKEN
UPON SUCH AMENDMENTS IN THEIR INVERSE ORDER.
3. ALL BILLS ON THE ORDER OF SECOND READING SHALL BE ORDERED TO THIRD
READING UNLESS OTHERWISE ORDERED PURSUANT TO SUBDIVISION TWO OF THIS
SECTION OR PURSUANT TO AN ORDER OF THE COMMITTEE ON RULES CONSISTENT
WITH THE RULES OF THE SENATE OR ASSEMBLY.
4. NO BILL SHALL BE CONSIDERED FOR THIRD READING UNTIL IT SHALL HAVE
BEEN ON THE PRINTED CALENDAR OF THE RESPECTIVE HOUSE ON TWO LEGISLATIVE
DAYS ON THAT ORDER, EXCEPT WHERE MADE A SPECIAL ORDER BY REPORT OF THE
COMMITTEE ON RULES, IN WHICH CASE IT MAY BE CONSIDERED ON SECOND AND
THIRD READING ON THE SAME DAY.
5. IN ALL CASES WHERE UNANIMOUS CONSENT IS ASKED FOR ADVANCING A BILL
OR ENTERTAINING A MOTION OR RESOLUTION OUT OF ITS ORDER, IT SHALL BE THE
DUTY OF THE TEMPORARY PRESIDENT OF THE SENATE OR THE SPEAKER OF THE
ASSEMBLY, RESPECTIVELY, TO PROCLAIM SUCH REQUEST AND DETERMINE IF SUCH
CONSENT WILL BE GRANTED.
6. A BILL APPEARING ON THE CALENDAR MAY BE "STARRED" BY OR AT THE
REQUEST OF THE INTRODUCER, WHEREUPON ALL FURTHER ACTION ON SUCH BILL
SHALL BE SUSPENDED, ALTHOUGH IT RETAINS ITS PLACE ON THE CALENDAR. OTHER
THAN FOR THE PURPOSE OF AMENDMENT OR RECOMMITTAL, A STAR MAY NOT BE
REMOVED FROM A BILL UNTIL ONE DAY AFTER THE REQUEST THEREFOR. A BILL ON
ANY ORDER OF THIRD READING WHICH HAS BEEN LAID ASIDE BY OR AT THE
REQUEST OF THE INTRODUCER ON THREE SEPARATE DAYS SHALL BE AUTOMATICALLY
STARRED.
7. WHERE THERE IS A BILL IN A STANDING COMMITTEE AND THE IDENTICAL
BILL OF THE OTHER HOUSE IS ON THE ORDER OF SECOND OR ANY ORDER OF THIRD
READING, THE BILL IN COMMITTEE MAY BE SUBSTITUTED FOR THE BILL OF THE
OTHER HOUSE UPON A MOTION BY, OR ON BEHALF OF, THE INTRODUCER AND A VOTE
OF A MAJORITY OF THE MEMBERS PRESENT AND VOTING. THE MOTION TO SUBSTI-
TUTE MAY ALSO BE MADE ON AN IDENTICAL BILL OF THE OTHER HOUSE WHICH HAS
BEEN PASSED, RECALLED, VOTE RECONSIDERED AND RESTORED TO THIRD READING.
8. (A) A BILL REPORTED TO THE CALENDAR WHICH CREATES OR EXTENDS
UNFUNDED MANDATES ON LOCALITIES AND SCHOOL DISTRICTS SHALL BE SPECIF-
A. 11241 27
ICALLY IDENTIFIED ON THE CALENDAR, EITHER ON A SEPARATE MANDATE CALENDAR
OR LABELED "MANDATE" ON THE REGULAR CALENDAR.
(B) A BILL REPORTED TO THE CALENDAR WHICH IMPOSES ADDITIONAL TAXES
SHALL BE SPECIFICALLY IDENTIFIED ON THE CALENDAR, EITHER ON A SEPARATE
TAX CALENDAR OR LABELED "TAX".
S 39-K. REVISION AND ENGROSSING. 1. THE OFFICES OF SENATE AND ASSEMBLY
REVISION SHALL EXAMINE AND CORRECT ALL BILLS FOR THEIR RESPECTIVE HOUSE,
FOR THE PURPOSE OF AVOIDING REPETITIONS, INSURING ACCURACY IN THE TEXT
AND REFERENCES, AND CONSISTENCY WITH THE LANGUAGE OF THE EXISTING STAT-
UTES. ANY RECOMMENDATION OF THE OFFICE OF ASSEMBLY OR SENATE REVISION
WHICH REQUIRES FURTHER AMENDMENT OF THE BILL SHALL BE HANDLED BY THE
MEMBER INTRODUCING IT OR BY THE MAJORITY OR MINORITY LEADER OF THE
RESPECTIVE HOUSE AS A REGULAR AMENDMENT TO THE BILL.
2. ALL BILLS WHEN ORDERED TO A THIRD READING EXCEPT BILLS OF THE OTHER
HOUSE WHICH HAVE NOT BEEN AMENDED IN THE SUBJECT HOUSE, OR BILLS, WHICH
HAVE BEEN MADE A SPECIAL ORDER ON SECOND AND THIRD READING, SHALL BE
SENT TO THE JACKETING CLERK OF THE SENATE OR THE INDEX CLERK OF THE
ASSEMBLY TO BE JACKETED WITH THE PROPER JURAT FOR CERTIFICATION OF FINAL
PASSAGE. EACH SUCH BILL SHALL, AFTER PASSAGE BY BOTH HOUSES, BE
ENGROSSED, IF SO ORDERED BY THE TEMPORARY PRESIDENT OF THE SENATE OR THE
SPEAKER OF THE ASSEMBLY, OR STAMPED "OFFICIAL COPY" IN WHICH CASE IT
SHALL BE DEEMED TO HAVE BEEN ENGROSSED.
S 39-L. TRANSMITTAL OF BILLS TO THE GOVERNOR. ALL BILLS PASSED BY ONE
HOUSE AND SENT TO THE OTHER HOUSE FOR ACTION SHALL, UPON PASSAGE AND
RETURN BY THE OTHER HOUSE TO THE ORIGINATING HOUSE, BE TRANSMITTED BY
THE SECRETARY OF THE SENATE OR THE INDEX CLERK OF THE ASSEMBLY TO THE
GOVERNOR WITHIN TEN LEGISLATIVE DAYS AFTER RECEIPT FROM THE OTHER HOUSE,
EXCEPT THAT ANY BILL RETURNED FOR TRANSMITTAL TO THE ORIGINATING HOUSE
AFTER THE FIRST OF MAY AND BEFORE THE FIRST OF JUNE SHALL BE TRANSMITTED
TO THE GOVERNOR WITHIN THIRTY DAYS OF SUCH RECEIPT, AND ANY BILL
RETURNED FOR TRANSMITTAL TO THE ORIGINATING HOUSE ON OR AFTER THE FIRST
OF JUNE SHALL BE TRANSMITTED TO THE GOVERNOR WITHIN FORTY-FIVE DAYS OF
SUCH RECEIPT.
S 39-M. RULES REGARDING STANDING COMMITTEES. 1. THE SENATE AND THE
ASSEMBLY MAY BY THE ADOPTION OF A RESOLUTION IN EACH HOUSE ESTABLISH
PROCEDURES REGARDING STANDING COMMITTEES.
2. (A) ALL STANDING COMMITTEE MEETINGS SHALL BE OPEN TO REPRESEN-
TATIVES OF THE NEWS MEDIA AND GENERAL PUBLIC.
(B) ALL STANDING COMMITTEE MEETINGS SHALL BE TRANSCRIBED BY A STENOG-
RAPHER OR SHALL BE ELECTRONICALLY RECORDED BY OTHER MEANS AND TRAN-
SCRIPTIONS OR VERBATIM RECORDINGS OF SUCH MEETINGS SHALL BE MADE AVAIL-
ABLE TO THE GENERAL PUBLIC IN THE SENATE OR ASSEMBLY PUBLIC INFORMATION
OFFICE AND ON THE WEBSITE OF THE RESPECTIVE HOUSE.
(C) AT THE CONCLUSION OF A COMMITTEE MEETING THE COMMITTEE CLERK OF
SUCH COMMITTEE SHALL DELIVER TO THE OFFICE OF JOURNAL OPERATIONS A ROLL
CALL ON EACH OF THE BILLS CONSIDERED BY THE COMMITTEE, INDICATING THE
ATTENDANCE OF THE MEMBERS AND THE AYES AND NAYS. SUCH ROLL CALL SHALL BE
REPRODUCED NOT LATER THAN TWENTY-FOUR HOURS AFTER TRANSMITTAL TO SUCH
OFFICE AND SHALL BE MADE AVAILABLE FOR INSPECTION BY THE GENERAL PUBLIC
AND REPRESENTATIVES OF THE NEWS MEDIA IN THE SENATE OR ASSEMBLY PUBLIC
INFORMATION OFFICE AND IN ELECTRONIC FORMAT THROUGH THE LEGISLATIVE
RETRIEVAL SERVICE.
S 39-N. COMMITTEE ON CONFERENCE. THE TEMPORARY PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE ASSEMBLY MAY JOINTLY CONVENE A JOINT
COMMITTEE ON CONFERENCE TO CONSIDER AND REPORT UPON SUBSTANTIALLY SIMI-
LAR BUT NOT IDENTICAL LEGISLATION THAT HAS PASSED EACH HOUSE OF THE
A. 11241 28
LEGISLATURE. SUCH COMMITTEE SHALL BE CONSTITUTED BY THE FILING OF A
JOINT CERTIFICATE BY THE TEMPORARY PRESIDENT OF THE SENATE AND THE
SPEAKER OF THE ASSEMBLY WITH THE SECRETARY OF THE SENATE AND THE CLERK
OF THE ASSEMBLY, AND SHALL CONSIST OF THE SAME NUMBER OF MEMBERS FROM
EACH HOUSE. UNLESS OTHERWISE PROVIDED IN THE CERTIFICATE OR NECESSARY
TO ENSURE MINORITY PARTY REPRESENTATION AT LEAST EQUIVALENT TO THAT
PARTY'S PERCENTAGE REPRESENTATION IN ITS HOUSE, THERE SHALL BE FIVE
MEMBERS ON SUCH COMMITTEE FROM EACH HOUSE TO BE APPOINTED BY THE TEMPO-
RARY PRESIDENT OF THE SENATE WHO SHALL APPOINT THE MEMBERS FROM THE
SENATE AND THE SPEAKER OF THE ASSEMBLY WHO SHALL APPOINT THE MEMBERS
FROM THE ASSEMBLY; PROVIDED, HOWEVER, THE COMMITTEE WILL CONSIST OF
MEMBERS FROM EACH PARTY PROPORTIONATE TO THE PARTIES' REPRESENTATION IN
EACH HOUSE AND OF EACH HOUSE'S DELEGATION AT LEAST ONE MEMBER SHALL
REPRESENT THE MINORITY IN EACH HOUSE. THE TEMPORARY PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE ASSEMBLY SHALL EACH APPOINT A CO-CHAIRPER-
SON OF THE COMMITTEE AND SUCH CO-CHAIRPERSONS SHALL CONVENE AND RECESS
MEETINGS OF THE COMMITTEE. MEETINGS JOINTLY CONVENED BY THE CO-CHAIRPER-
SONS SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC
OFFICERS LAW. THE COMMITTEE SHALL FILE A WRITTEN REPORT SETTING FORTH
THE JOINT RECOMMENDATIONS OF A MAJORITY OF EACH HOUSE'S DELEGATION WITH
THE SECRETARY OF THE SENATE AND THE CLERK OF THE ASSEMBLY OR SUCH OTHER
COMMITTEES OR OFFICERS AS MAY BE SET FORTH IN THE CERTIFICATE AND SUCH
REPORT MAY INCLUDE SPECIFIC BILL LANGUAGE THAT WOULD IMPLEMENT THE JOINT
COMMITTEE'S RECOMMENDATIONS. NO REPORT SHALL BE FILED EXCEPT UPON THE
AFFIRMATIVE VOTE OF A MAJORITY OF THE MEMBERS OF EACH HOUSE'S DELEGATION
ON THE COMMITTEE.
S 39-O. MEMBERS. 1. (A) ATTENDANCE OF MEMBERS IN THE BARS OF THE
LEGISLATURE DURING SESSIONS OF THE LEGISLATURE SHALL BE CONTINUOUSLY
RECORDED ELECTRONICALLY UNLESS OTHERWISE ORDERED BY THE TEMPORARY PRESI-
DENT OF THE SENATE OR THE SPEAKER OF THE ASSEMBLY.
(B) THE BAR OF THE SENATE SHALL BE DEEMED TO INCLUDE THE ENTIRE SENATE
CHAMBER AND LOBBIES CONTIGUOUS THERETO AS DESIGNATED BY THE TEMPORARY
PRESIDENT OF THE SENATE AND THE BAR OF THE ASSEMBLY SHALL BE DEEMED TO
INCLUDE THE ENTIRE ASSEMBLY CHAMBER AND LOBBIES CONTIGUOUS THERETO AS
DESIGNATED BY THE SPEAKER OF THE ASSEMBLY.
(C) IN ALL CASES OF THE ABSENCE OF MEMBERS DURING THE SESSION OF THE
LEGISLATURE, THE MEMBERS PRESENT MAY TAKE SUCH MEASURES AS THEY SHALL
DEEM NECESSARY TO SECURE THEIR PRESENCE, AND IN ADDITION TO SUSPENDING
THEM FROM THE SERVICE OF THE HOUSE FOR A GIVEN PERIOD, MAY INFLICT SUCH
CENSURE OR PECUNIARY PENALTY AS THEY MAY DEEM JUST ON THOSE WHO, ON
BEING CALLED ON FOR THAT PURPOSE, SHALL NOT RENDER A SUFFICIENT EXCUSE
FOR THEIR ABSENCE. FOR THE PURPOSE OF SECURING THE ATTENDANCE OF
MEMBERS, A CALL OF THE HOUSE MAY BE MADE, BUT SUCH CALL SHALL NOT BE IN
ORDER AFTER VOTING ON THE QUESTION HAS COMMENCED, UNLESS THE ROLL CALL
HAS BEEN WITHDRAWN BY THE INTRODUCER. WHILE A CALL OF THE HOUSE IS IN
PROGRESS NO OTHER BUSINESS SHALL BE TRANSACTED EXCEPT BY ORDER OF THE
HOUSE.
2. (A) EVERY MEMBER WHO SHALL BE WITHIN THE BAR OF THE HOUSE WHEN A
QUESTION IS STATED FROM THE CHAIR SHALL VOTE THEREON, PROVIDED, HOWEVER,
NO VOTE SHALL BE RECORDED FOR ANY MEMBER WHO IS NOT PRESENT WITHIN THE
BAR OF THE HOUSE AT THE TIME OF SUCH VOTE. THE ROLL OF ABSENTEES SHALL
NOT BE CALLED MORE THAN ONCE. UNLESS OTHERWISE DIRECTED BY THE TEMPORARY
PRESIDENT OF THE SENATE OR THE SPEAKER OF THE ASSEMBLY, ALL VOTES SHALL
BE RECORDED ELECTRONICALLY. A MEMBER MAY ABSTAIN FROM A VOTE ONLY ON THE
GROUNDS THAT SUCH VOTE WILL CONSTITUTE A CONFLICT OF INTEREST.
A. 11241 29
(B) THE YEAS AND NAYS SHALL BE TAKEN INDIVIDUALLY OF EACH MEMBER ON
THE FINAL PASSAGE OF A BILL AND ON ANY OTHER QUESTION WHENEVER REQUIRED
BY ANY FIFTEEN MEMBERS (UNLESS A DIVISION BY YEAS AND NAYS BE PENDING),
AND WHEN SO TAKEN EACH MEMBER'S AFFIRMATIVE OR NEGATIVE VOTE SHALL BE
ENTERED THROUGH THE ELECTRONIC VOTING SYSTEM OR IN SUCH OTHER MANNER AS
MAY BE PRESCRIBED BY THE TEMPORARY PRESIDENT OF THE SENATE OR THE SPEAK-
ER OF THE ASSEMBLY AND ENTERED ON THE JOURNAL. SUCH ROLL CALL SHALL
REMAIN OPEN FOR A PERIOD OF NOT LESS THAN ONE MINUTE, AND SHALL BE
DESIGNATED A SLOW ROLL CALL. DURING SUCH ROLL CALL, NO VOTE SHALL BE
RECORDED UNLESS THE MEMBER VOTING IS AT HIS OR HER REGULARLY ASSIGNED
SEAT OR IS SERVING OR ACTING, IN THE CASE OF THE ASSEMBLY, AS SPEAKER,
MAJORITY OR MINORITY LEADER OR, IN THE CASE OF THE SENATE, AS TEMPORARY
PRESIDENT OF THE SENATE, MAJORITY OR MINORITY LEADER.
(C) IN THE EVENT A SLOW ROLL CALL IS NOT REQUIRED PURSUANT TO PARA-
GRAPH (B) OF THIS SUBDIVISION, THE YEAS AND NAYS SHALL BE TAKEN BY A
FAST ROLL CALL AND A MEMBER DESIRING TO VOTE IN THE NEGATIVE ON SUCH A
ROLL CALL SHALL DO SO BY ENTERING A NEGATIVE VOTE THROUGH THE ELECTRONIC
VOTING SYSTEM OR IN SUCH OTHER MANNER AS MAY BE PRESCRIBED BY THE TEMPO-
RARY PRESIDENT OF THE SENATE OR THE SPEAKER OF THE ASSEMBLY. ALL OTHER
MEMBERS SHALL BE RECORDED IN THE AFFIRMATIVE. ON SUCH A ROLL CALL THE
SECRETARY OF THE SENATE OR THE CLERK OF THE ASSEMBLY SHALL CALL THE
NAMES OF THE MEMBERS WHO ARE RECORDED IN THE NEGATIVE.
(D) THE TEMPORARY PRESIDENT OF THE SENATE OR THE SPEAKER OF THE ASSEM-
BLY MAY ALLOW A MEMBER TO RECORD HIS OR HER VOTE WITHIN FIFTEEN MINUTES
AFTER THE RESULTS OF THE ROLL CALL HAVE BEEN ANNOUNCED WHEN SUCH VOTE
DOES NOT CHANGE THE FINAL RESULT OF THE VOTE OF THE HOUSE AND SUCH
MEMBER HAS BEEN PREVIOUSLY RECORDED ON A ROLL CALL ON A BILL DURING THE
LEGISLATIVE SESSION DAY.
(E) COPIES OF ALL ROLL CALLS SHALL BE MADE AVAILABLE TO THE MAJORITY
AND MINORITY LEADERS OF THE RESPECTIVE HOUSE AND REPRESENTATIVES OF THE
NEWS MEDIA WITHIN THIRTY MINUTES AFTER COMPLETION THEREOF AND, AS SOON
AS PRACTICABLE THEREAFTER, SHALL BE MADE AVAILABLE FOR PUBLIC INSPECTION
AT A PLACE DESIGNATED BY THE TEMPORARY PRESIDENT OF THE SENATE OR THE
SPEAKER OF THE ASSEMBLY.
(F) WHEN LESS THAN A QUORUM VOTE ON ANY SUBJECT UNDER THE CONSIDER-
ATION OF THE HOUSE, IT SHALL BE IN ORDER, FOR ANY MEMBER TO MOVE FOR A
CALL OF THE HOUSE. WHEREUPON THE ROLL OF MEMBERS SHALL BE CALLED BY THE
SECRETARY OF THE SENATE OR THE CLERK OF THE ASSEMBLY. AFTER COMPLETION
OF THE CALL ONLY THE MAJORITY LEADER, OR ACTING MAJORITY LEADER, OF THE
RESPECTIVE HOUSE MAY MOVE THAT THE CALL BE MADE A CLOSED CALL OF THE
HOUSE. IMMEDIATELY FOLLOWING A CLOSED CALL OF THE HOUSE, THE SECRETARY
OF THE SENATE OR THE CLERK OF THE ASSEMBLY, UPON REQUEST, SHALL READ THE
NAMES OF THE MEMBERS WHO ARE NOT PRESENT IN THE RESPECTIVE HOUSE. COPIES
OF EACH CLOSED CALL SHALL BE AVAILABLE IN THE OFFICE OF JOURNAL OPER-
ATIONS AT THE END OF EACH DAILY SESSION. IF IT IS ASCERTAINED THAT A
QUORUM IS PRESENT, EITHER BY ANSWERING TO THEIR NAMES, OR BY THEIR PRES-
ENCE IN THE HOUSE, THE YEAS AND NAYS SHALL AGAIN BE ORDERED BY THE
TEMPORARY PRESIDENT OF THE SENATE OR THE SPEAKER OF THE ASSEMBLY, AND IF
ANY MEMBER PRESENT REFUSES TO VOTE, SUCH REFUSAL SHALL BE DEEMED A
CONTEMPT, AND UNLESS PURGED, THE HOUSE MAY ORDER THE SERGEANT-AT-ARMS TO
REMOVE SAID MEMBER OR MEMBERS WITHOUT THE BAR OF THE HOUSE, AND ALL
PRIVILEGES OF MEMBERSHIP SHALL BE REFUSED THE PERSON OR PERSONS SO
OFFENDING UNTIL THE CONTEMPT BE DULY PURGED.
(G) A MEMBER WHO WAS ABSENT AT THE TIME A PRIOR VOTE WAS TAKEN UPON
ANY MATTER MAY, WITHIN THIRTY DAYS FOLLOWING THE DATE OF HIS OR HER
FIRST RECORDED VOTE SUBSEQUENT TO SUCH PRIOR VOTE, FILE A STATEMENT OF
A. 11241 30
HOW SUCH MEMBER WOULD HAVE VOTED HAD HE OR SHE BEEN PRESENT AT THE TIME
OF SUCH PRIOR VOTE. SUCH STATEMENT SHALL BE IN WRITING AND FILED WITH
THE SECRETARY OF THE SENATE OR THE CLERK OF THE ASSEMBLY AND THE
CONTENTS THEREOF SHALL BE DULY NOTED ON THE ROLL CALL BY SUCH SECRETARY
OR CLERK.
(H) NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, DURING EACH
TWO-YEAR TERM OF THE LEGISLATURE, EACH MEMBER SHALL BE ENTITLED TO HAVE
AT LEAST ONE SUBSTANTIVE PIECE OF LEGISLATION, OF HIS OR HER CHOOSING,
EXCLUSIVE OF ANY BILL ACCOMPANIED BY A HOME RULE MESSAGE, DISCHARGED
FROM COMMITTEE AND BROUGHT TO THE FLOOR FOR A VOTE. A MEMBER MAY BRING
SUCH BILL TO THE FLOOR FOR A VOTE BY FILING A WRITTEN NOTICE WITH THE
CLERK OF SENATE REVISION OR THE INDEX CLERK OF THE ASSEMBLY ON A FORM
PROVIDED BY SUCH CLERK.
(I) ON THE FINAL PASSAGE OF ANY BILL WHICH IMPOSES, CONTINUES OR
REVIVES A TAX, OR CREATES A DEBT OR CHARGE OR MAKES, CONTINUES OR
REVIVES ANY APPROPRIATION OF PUBLIC TRUST MONEY OR PROPERTY, OR
RELEASES, DISCHARGES OR COMMUTES ANY CLAIM OR DEMAND OF THE STATE, TWO-
THIRDS OF ALL MEMBERS ELECTED TO THE HOUSE MUST VOTE IN THE AFFIRMATIVE
FOR THE BILL TO PASS.
3. EXCEPT FOR THE ADVANCEMENT OF A BILL WHICH HAS BEEN SUBSTITUTED BY
A BILL OF THE OTHER HOUSE, WHERE A BILL, ORDER, MOTION OR RESOLUTION
SHALL BE ENTERED ON THE JOURNAL, THE NAME OF THE MEMBER INTRODUCING OR
MOVING THE SAME SHALL ALSO BE ENTERED ON THE JOURNAL.
4. ALL WRITTEN COMMUNICATIONS FROM PUBLIC OFFICERS AND AGENCIES OF THE
STATE OR LOCAL GOVERNMENTS FURNISHED TO A COMMITTEE, RESPECTING A BILL
WHICH HAS BEEN REFERRED TO SUCH COMMITTEE, FOR CONSIDERATION, SHALL BE
AVAILABLE TO THE INTRODUCER OF THE BILL FOR EXAMINATION. IN LIEU OF SUCH
EXAMINATION, THE CHAIRPERSON OF THE COMMITTEE MAY ELECT TO FURNISH THE
INTRODUCER WITH COPIES OF SUCH COMMUNICATIONS.
5. IMMEDIATELY AFTER THE COMPLETION OF THE ORDERS OF THE DAY, AND WITH
THE UNANIMOUS CONSENT OF THE HOUSE, A MEMBER MAY MAKE A STATEMENT, NOT
EXCEEDING FIFTEEN MINUTES IN LENGTH, CONCERNING A SUBJECT OR MATTER NOT
PENDING BEFORE THE HOUSE FOR CONSIDERATION.
6. (A) NO MEMBER RISING TO DEBATE, TO GIVE NOTICE, MAKE A MOTION OR
REPORT, OR TO PRESENT A PETITION OR OTHER PAPER, SHALL PROCEED UNTIL
SUCH MEMBER SHALL HAVE ADDRESSED THE TEMPORARY PRESIDENT OF THE SENATE
OR THE SPEAKER OF THE ASSEMBLY FROM HIS OR HER PLACE AND HAS BEEN RECOG-
NIZED BY SUCH OFFICER. WHILE A MEMBER IS SPEAKING, NO MEMBER SHALL
ENTERTAIN ANY PRIVATE DISCOURSE OR PASS BETWEEN THE MEMBER SPEAKING AND
THE CHAIR.
(B) UNLESS OTHERWISE PROVIDED BY THIS SECTION, NO MEMBER SHALL SPEAK,
EXCEPT IN HIS OR HER PLACE, NOR MORE THAN TWICE ON ANY QUESTION, WITHOUT
LEAVE OF THE HOUSE AND NO MEMBER SHALL SPEAK FOR MORE THAN FIFTEEN
MINUTES AT A TIME EXCEPT BY CONSENT OF TWO-THIRDS OF THE MEMBERS PRES-
ENT; PROVIDED, HOWEVER THAT A MEMBER DESIRING TO EXPLAIN HIS OR HER VOTE
UPON THE FINAL PASSAGE OF A BILL OR UPON THE PASSAGE OF A RESOLUTION
REQUIRING THE EXPENDITURE OF MONEY MAY MAKE A BRIEF STATEMENT, NOT TO
EXCEED TWO MINUTES, IN EXPLANATION OF SUCH VOTE; AND FURTHER PROVIDED
THAT IN ADDITION TO THE FOREGOING, THE SPONSOR OF A BILL OR RESOLUTION
MAY MAKE A STATEMENT NOT TO EXCEED FIVE MINUTES FOR THE PURPOSE OF OPEN-
ING DEBATE ON SUCH BILL OR RESOLUTION.
(C) IF ANY MEMBER, IN SPEAKING, TRANSGRESSES THE RULES OF THE HOUSE,
THE TEMPORARY PRESIDENT OF THE SENATE OR THE SPEAKER OF THE ASSEMBLY MAY
CALL SUCH MEMBER TO ORDER, IN WHICH CASE THE MEMBER SO CALLED TO ORDER
SHALL IMMEDIATELY SIT DOWN, AND SHALL NOT RISE UNLESS TO EXPLAIN OR
PROCEED IN ORDER.
A. 11241 31
(D) WHILE THE TEMPORARY PRESIDENT OF THE SENATE OR THE SPEAKER OF THE
ASSEMBLY IS PUTTING A QUESTION, OR A ROLL CALL IS IN PROGRESS OR A COUNT
IS BEING HAD, NO MEMBER SHALL SPEAK OR LEAVE HIS OR HER PLACE. WHEN THE
HOUSE SHALL BE EQUALLY DIVIDED ON ANY QUESTION, INCLUDING THE TEMPORARY
PRESIDENT OF THE SENATE OR THE SPEAKER OF THE ASSEMBLY'S VOTE, THE QUES-
TION SHALL BE DEEMED TO BE LOST. ALL QUESTIONS RELATING TO THE PRIORITY
OF ONE QUESTION OR SUBJECT MATTER OVER ANOTHER, UNDER THE SAME ORDER OF
BUSINESS, SHALL BE DECIDED WITHOUT DEBATE. IF ANY QUESTION CONTAINS
SEVERAL DISTINCT PROPOSITIONS, IT SHALL BE DIVIDED BY THE CHAIR AT THE
REQUEST OF ANY MEMBER, BUT A MOTION TO STRIKE OUT AND INSERT SHALL BE
INDIVISIBLE. ALL QUESTIONS OF ORDER, AS THEY SHALL OCCUR, WITH THE
DECISIONS THEREON, SHALL BE ENTERED IN THE JOURNAL, AND, AT THE CLOSE OF
THE SESSION, A STATEMENT OF ALL SUCH QUESTIONS AND DECISIONS SHALL BE
PRINTED AT THE CLOSE OF AND AS AN APPENDIX TO THE JOURNAL.
7. (A) WHEN A MOTION TO ADJOURN IS CARRIED, THE MEMBERS AND OFFICERS
SHALL KEEP THEIR SEATS AND PLACES UNTIL THE TEMPORARY PRESIDENT OF THE
SENATE OR THE SPEAKER OF THE ASSEMBLY DECLARES THE RESPECTIVE HOUSE
ADJOURNED.
(B) NO MOTION TO ADJOURN SINE DIE SHALL BE IN ORDER UNTIL ALL BILLS
TRANSMITTED TO THE GOVERNOR SHALL HAVE BEEN ACTED UPON BY HIM OR HER,
AND IN THE CASE OF VETOED BILLS, UNTIL SUCH BILLS HAVE BEEN RETURNED TO
EACH HOUSE FOR AT LEAST THREE LEGISLATIVE CALENDAR DAYS.
8. CONTEST OF ELECTION. A CONTEST OF THE ELECTION OF ANY MEMBER SHALL
BE REFERRED TO THE JUDICIARY COMMITTEE FOR INVESTIGATION AND REPORT.
9. EACH MEMBER OF THE HOUSE SHALL BE ENTITLED TO AN EQUAL ALLOCATION
OF PRINTED NEWSLETTERS AND OTHER PRINTED MATERIALS AND POSTAGE THEREFOR,
AND STATIONERY AND OTHER SIMILAR PERQUISITES, AND EACH MEMBER SHALL
RECEIVE AN EQUAL ALLOWANCE FOR STAFF PERSONNEL, EXCEPT THAT THE ALLO-
CATION OF STATIONERY AND OTHER SIMILAR PERQUISITES AND THE ALLOWANCE FOR
STAFF PERSONNEL MAY BE GREATER FOR MEMBERS IN MAJORITY AND MINORITY
LEADERSHIP POSITIONS, COMMITTEE, SUBCOMMITTEE AND TASK FORCE CHAIR-
PERSONS AND RANKING MINORITY MEMBERS OF COMMITTEES, SUBCOMMITTEES AND
TASK FORCES. ALLOCATION OF STAFF SHALL BE AS SET FORTH IN SECTION
FIVE-B OF THIS CHAPTER.
10. (A) THE USE OF LEGISLATIVE PRINTING AND MAIL FACILITIES FOR NEWS-
LETTERS AND OTHER FORMS OF MASS MAILINGS WHICH BEAR THE NAME OR LIKENESS
OF A CANDIDATE IN A LOCAL, SPECIAL, PRIMARY OR GENERAL ELECTION SHALL BE
PROHIBITED WITHIN THIRTY DAYS OF SUCH LOCAL, SPECIAL, OR PRIMARY
ELECTION AND BE PROHIBITED WITHIN SIXTY DAYS OF SUCH GENERAL ELECTION.
MEMBERS MAY NOT UTILIZE OTHER FORMS OF SENATE OR ASSEMBLY-FUNDED MASS
COMMUNICATION MEDIA DURING SUCH THIRTY DAY AND SIXTY DAY PERIODS,
RESPECTIVELY.
(B) THE SENATE AND ASSEMBLY SHALL MAINTAIN FILES CONTAINING A COPY OF
EACH NEWSLETTER PROVIDED BY THE FACILITIES OF THE RESPECTIVE HOUSE WHICH
FILE SHALL BE AVAILABLE TO THE PUBLIC.
(C) THE PROVISIONS OF THIS SUBDIVISION SHALL BE APPLICABLE TO ALL
COMMUNICATIONS ADDRESSED TO THE GEOGRAPHIC AREA IN WHICH THE MEMBER IS
RUNNING FOR ELECTION.
11. NO SENATE EMPLOYEE SHALL REMAIN ON THE SENATE PAYROLL WHILE A
CANDIDATE FOR THE ASSEMBLY OR A MEMBER OF THE SENATE AND NO ASSEMBLY
EMPLOYEE SHALL REMAIN ON THE ASSEMBLY PAYROLL WHILE A CANDIDATE FOR
SENATOR OR MEMBER OF ASSEMBLY. FOR THE PURPOSES HEREIN, AN EMPLOYEE
SHALL BE DEEMED A CANDIDATE OR MEMBER UPON THE FILING OF DESIGNATING
PETITIONS FOR SUCH OFFICE OR, WHERE NOMINATIONS FOR SUCH OFFICE ARE MADE
OTHER THAN BY PETITION, UPON NOMINATION. SUCH EMPLOYEE SHALL REMAIN OFF
THE SENATE OR ASSEMBLY PAYROLL UNTIL SUCH TIME AS HIS OR HER CANDIDACY
A. 11241 32
SHALL CEASE OR UPON THE DAY FOLLOWING ELECTION DAY FOR SUCH OFFICE,
WHICHEVER COMES FIRST.
S 30-a. Section 90 of the legislative law, as added by chapter 510 of
the laws of 1999, is amended to read as follows:
S 90. Internal control responsibilities. 1. [The senate and the assem-
bly shall each:
a. establish and maintain by rule guidelines for a system of internal
control; and
b.] GUIDELINES FOR A SYSTEM OF INTERNAL CONTROLS ARE AS FOLLOWS:
(A) ALL FINANCIAL TRANSACTIONS SHALL BE EXECUTED IN ACCORDANCE WITH
THE GENERAL OR SPECIFIC AUTHORIZATION OF THE TEMPORARY PRESIDENT OF THE
SENATE OR THE SPEAKER OF THE ASSEMBLY OR HIS OR HER DESIGNATED REPRESEN-
TATIVE.
(B) ALL FINANCIAL TRANSACTIONS SHALL BE RECORDED IN CONFORMITY WITH
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES OR OTHER APPLICABLE CRITERIA IN
A MANNER TO MAINTAIN ACCOUNTABILITY FOR ASSETS.
(C) ACCESS TO ASSETS SHALL BE PERMITTED ONLY IN ACCORDANCE WITH THE
AUTHORIZATION OF THE TEMPORARY PRESIDENT OF THE SENATE OR THE SPEAKER OF
THE ASSEMBLY OR HIS OR HER DESIGNATED REPRESENTATIVE.
(D) THE RECORDED ACCOUNTABILITY FOR ASSETS SHALL BE COMPARED WITH THE
EXISTING ASSETS AT REASONABLE INTERVALS AND APPROPRIATE ACTION SHALL BE
TAKEN WITH RESPECT TO ANY DIFFERENCES.
(E) THE SYSTEM OF INTERNAL CONTROLS SHALL PROVIDE REASONABLE ASSURANCE
THAT THE FOREGOING ARE ACCOMPLISHED.
(F) THE COMMITTEES ON HOUSE OPERATIONS OF THE SENATE AND THE ASSEMBLY,
OR ANY MEMBER THEREOF, SHALL BE GRANTED FULL ACCESS TO ALL FINANCIAL
RECORDS OF THE COMMITTEE'S RESPECTIVE HOUSE AND SHALL BE EMPOWERED TO
CAUSE AN INDEPENDENT AUDIT THEREOF AT THE EXPENSE OF THE SUBJECT HOUSE.
2. THE TEMPORARY PRESIDENT OF THE SENATE OR THE SPEAKER OF THE ASSEM-
BLY SHALL CAUSE THE ESTABLISHMENT OF A SYSTEM OF EXPENDITURE REPORTING
WHEREBY EXPENDITURES OF THE RESPECTIVE HOUSE SHALL BE REPORTED BY SUCH
CATEGORIES AS HE OR SHE SHALL DETERMINE. REPORTS OF EXPENDITURES FOR
EACH REPORTING PERIOD SHALL BE PUBLISHED IN A FORM TO BE PRESCRIBED BY
THE TEMPORARY PRESIDENT OF THE SENATE OR THE SPEAKER OF THE ASSEMBLY,
AND POSTED ON THE SENATE OR ASSEMBLY WEBSITE.
3. THE SENATE AND THE ASSEMBLY SHALL EACH establish and maintain a
system of internal control and a program of internal control review for
their respective house.
[2.] 4. In order to identify all the components of the legislature and
their responsibilities for the purposes of implementing the provisions
of this article, the temporary president of the senate and the speaker
of the assembly shall jointly issue, and at their discretion, period-
ically revise a schedule which lists all components of each of their
respective houses of the legislature. The temporary president of the
senate and the speaker of the assembly may identify in a schedule compo-
nents for which joint internal controls and internal control reviews
will be established and maintained.
S 31. The legislative law is amended by adding a new section 42-a to
read as follows:
S 42-A. CONTINUITY OF LEGISLATIVE SESSIONS. 1. UPON PASSAGE OF A BILL
BY ONE HOUSE OF THE LEGISLATURE, SUCH BILL SHALL AUTOMATICALLY BE SENT
TO THE APPROPRIATE COMMITTEE IN THE OTHER HOUSE FOR ACTION ON SUCH BILL,
WHERE THAT HOUSE MAY ACT ON THE BILL AT ANY TIME DURING THE REMAINDER OF
THE BIENNIAL LEGISLATIVE SESSION.
A. 11241 33
2. NO BILL REPORTED BY A STANDING COMMITTEE OF THE SENATE OR ASSEMBLY
SHALL BE REFERRED BACK TO THAT COMMITTEE UNLESS SUCH BILL SHALL HAVE
BEEN AMENDED.
3. EVERY BILL WHICH SHALL HAVE REACHED THE ORDER OF THIRD READING BUT
WHICH SHALL NOT HAVE BEEN ACTED ON BY THE HOUSE BEFORE THE END OF THE
FIRST YEAR OF THE TWO-YEAR LEGISLATIVE SESSION SHALL MAINTAIN ITS PLACE
ON THE ORDER OF THIRD READING UNTIL THE HOUSE SHALL ACT ON SUCH BILL OR
UNTIL THE END OF THE TWO-YEAR LEGISLATIVE SESSION UNLESS SUCH BILL SHALL
HAVE BEEN AMENDED, IN WHICH CASE SUCH BILL MAY BE REFERRED BACK TO A
STANDING COMMITTEE FOR RECONSIDERATION.
4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO BUDGET BILLS
INTRODUCED BY THE GOVERNOR PURSUANT TO ARTICLE SEVEN OF THE CONSTITU-
TION, BILLS REQUIRING A HOME RULE MESSAGE FROM ONE OR MORE LOCAL GOVERN-
MENTS PURSUANT TO ARTICLE NINE OF THE CONSTITUTION, CONCURRENT RESOL-
UTIONS TO AMEND THE CONSTITUTION PURSUANT TO ARTICLE NINETEEN OF THE
CONSTITUTION OR BILLS SUBJECT TO THE PROVISIONS OF SECTION THIRTY-NINE-D
OF THIS CHAPTER.
S 32. The legislative law is amended by adding a new article 4-B to
read as follows:
ARTICLE 4-B
NEW YORK STATE INDEPENDENT BUDGET OFFICE
SECTION 75. POWERS AND DUTIES OF THE NEW YORK STATE INDEPENDENT BUDGET
OFFICE.
76. DIRECTOR OF THE NEW YORK STATE INDEPENDENT BUDGET OFFICE.
S 75. POWERS AND DUTIES OF THE NEW YORK STATE INDEPENDENT BUDGET
OFFICE. THERE SHALL HEREBY BE ESTABLISHED A NEW YORK STATE INDEPENDENT
BUDGET OFFICE. 1. IT SHALL BE THE DUTY OF THE NEW YORK STATE INDEPENDENT
BUDGET OFFICE TO PROVIDE THE MEMBERS AND COMMITTEES OF THE LEGISLATURE
WITH INFORMATION WHICH WILL ASSIST SUCH OFFICIALS AND BODIES IN THE
DISCHARGE OF THEIR RESPONSIBILITIES WHICH ARE RELATED TO THE BUDGETARY
PROCESS INCLUDING:
(A) INFORMATION WITH RESPECT TO THE BUDGET, APPROPRIATIONS BILLS AND
PROPOSED LAWS WITH FISCAL IMPLICATIONS;
(B) INFORMATION WITH RESPECT TO ESTIMATED REVENUES AND RECEIPTS, AND
CHANGING REVENUE CONDITIONS;
(C) INFORMATION WITH RESPECT TO THE PERFORMANCE AND EFFECTIVENESS OF
STATE AGENCIES AND PROGRAMS; AND
(D) TO THE EXTENT PRACTICABLE, SUCH OTHER INFORMATION OR ANALYSES AS
MAY BE REQUESTED BY SUCH OFFICIALS AND BODIES, AND THE GENERAL PUBLIC.
REQUESTS MADE BY THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT
OF THE SENATE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND
THE CHAIR OF THE SENATE FINANCE COMMITTEE REGARDING THE BUDGET, REVENUES
AND EXPENDITURES SHALL RECEIVE PRIORITY ATTENTION.
2. THE INDEPENDENT BUDGET OFFICE SHALL COMPLETE A FISCAL IMPACT STATE-
MENT: (A) FOR ANY BILL BEING CONSIDERED ON AN ASSEMBLY WAYS AND MEANS
COMMITTEE AGENDA OR A SENATE FINANCE COMMITTEE AGENDA, TO THE EXTENT
POSSIBLE; (B) FOR ANY BILL AT THE REQUEST OF THE SPEAKER OR MINORITY
LEADER OF THE ASSEMBLY OR THE TEMPORARY PRESIDENT OR MINORITY LEADER OF
THE SENATE; AND (C) AT THE REQUEST OF A COMMITTEE CHAIR OR RANKING
MEMBER OF A COMMITTEE FOR ANY BILL REFERRED TO THEIR RESPECTIVE COMMIT-
TEE. FISCAL IMPACT STATEMENTS SHALL ESTIMATE THE IMPACT ON STATE REVEN-
UES OR EXPENDITURES.
3. THE INDEPENDENT BUDGET OFFICE SHALL SUBMIT AN ANALYSIS OF THE EXEC-
UTIVE BUDGET BY MARCH FIRST OF EACH YEAR TO THE MEMBERS OF THE ASSEMBLY
WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE, AND MAKE
A. 11241 34
COPIES OF SUCH ANALYSIS AVAILABLE TO ALL OTHER MEMBERS OF THE LEGISLA-
TURE AND ALL OTHER INDIVIDUALS, UPON REQUEST.
4. THE INDEPENDENT BUDGET OFFICE SHALL, TO THE EXTENT PRACTICABLE,
DEVELOP PROPOSALS FOR COST EFFECTIVE ALTERNATIVE APPROACHES TO MEET THE
PUBLIC RESPONSIBILITIES OF THE STATE.
5. THE INDEPENDENT BUDGET OFFICE SHALL PUBLISH A REPORT WITH RESPECT
TO THE EXPECTED LEVELS OF STATE REVENUES BY THE FIRST DAY OF JANUARY,
THE FIRST DAY OF APRIL, THE FIRST DAY OF JULY AND THE FIRST DAY OF OCTO-
BER OF EACH YEAR.
6. THE INDEPENDENT BUDGET OFFICE SHALL PUBLISH BY DECEMBER FIRST OF
EACH YEAR A REPORT ANALYZING THE FISCAL OUTLOOK OF THE STATE FOR THE
NEXT FIVE YEARS.
7. THE INDEPENDENT BUDGET OFFICE SHALL, FROM TIME TO TIME, PUBLISH
SUCH REPORTS AS MAY BE APPROPRIATE TO ENHANCE THE OFFICIAL AND PUBLIC
UNDERSTANDING OF THE BUDGETARY PROCESS AND OF THE BUDGET DOCUMENTS. SUCH
OFFICE SHALL, FROM TIME TO TIME, PUBLISH SUCH REPORTS AS MAY BE NECES-
SARY OR APPROPRIATE TO PROVIDE SUCH INFORMATION, DATA AND ANALYSIS AS
WILL ENHANCE OFFICIAL AND PUBLIC UNDERSTANDING OF MATTERS RELATING TO
STATE REVENUES, EXPENDITURES, MANAGEMENT PRACTICES AND RELATED MATTERS.
8. THE INDEPENDENT BUDGET OFFICE MAY PROCURE UP-TO-DATE COMPUTER
EQUIPMENT, OBTAIN THE SERVICES OF EXPERTS AND CONSULTANTS IN COMPUTER
TECHNOLOGY, AND DEVELOP TECHNIQUES FOR THE EVALUATION OF REVENUE PROJEC-
TIONS AND BUDGETARY REQUIREMENTS.
9. ALL INFORMATION, DATA, ESTIMATES AND STATISTICS, AND ALL STUDIES
AND REPORTS PREPARED BY THE INDEPENDENT BUDGET OFFICE SHALL BE MADE
AVAILABLE TO THE PUBLIC AND SHALL ALSO BE MADE AVAILABLE BY ELECTRONIC
MEANS OVER THE INTERNET.
S 76. DIRECTOR OF THE NEW YORK STATE INDEPENDENT BUDGET OFFICE. 1. THE
NEW YORK STATE INDEPENDENT BUDGET OFFICE SHALL BE HEADED BY A DIRECTOR
WHO SHALL BE APPOINTED, UPON THE RECOMMENDATIONS OF AN INDEPENDENT BUDG-
ET OFFICE ADVISORY COMMITTEE, BY THE SPEAKER OF THE ASSEMBLY AND THE
TEMPORARY PRESIDENT OF THE SENATE. THE RECOMMENDATIONS FOR THE INITIAL
APPOINTMENT OF SUCH DIRECTOR SHALL BE MADE NO LATER THAN JANUARY
FIFTEENTH, TWO THOUSAND ELEVEN TO THE SPECIAL COMMITTEE. SUBSEQUENT
RECOMMENDATIONS SHALL BE MADE BETWEEN JANUARY SECOND AND JANUARY
FIFTEENTH EVERY SIXTH YEAR THEREAFTER. THE SPECIAL COMMITTEE SHALL
APPOINT THE INITIAL DIRECTOR NO LATER THAN FEBRUARY FIFTEENTH, TWO THOU-
SAND ELEVEN AND SUCH INITIAL DIRECTOR SHALL TAKE OFFICE BEGINNING APRIL
FIRST, TWO THOUSAND ELEVEN. SUBSEQUENT APPOINTMENTS SHALL BE MADE NO
LATER THAN FEBRUARY FIFTEENTH EVERY SIXTH YEAR THEREAFTER.
2. (A) THERE SHALL BE AN INDEPENDENT BUDGET OFFICE ADVISORY COMMITTEE
CONSISTING OF (I) ONE PERSON APPOINTED BY EACH OF THE FOLLOWING OFFI-
CIALS AND WHO SHALL SERVE AT THE PLEASURE OF SUCH OFFICIALS; THE CHAIR
AND RANKING MEMBER OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE
CHAIR AND RANKING MEMBER OF THE SENATE FINANCE COMMITTEE, AND (II) SIX
OTHER MEMBERS JOINTLY APPOINTED BY THE SPEAKER OF THE ASSEMBLY AND THE
TEMPORARY PRESIDENT OF THE SENATE, WHO SHALL SERVE FOR SIX YEAR TERMS,
PROVIDED, HOWEVER THAT OF THE MEMBERS FIRST APPOINTED, TWO SHALL SERVE
FOR TERMS EXPIRING ON MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN; TWO
SHALL SERVE FOR TERMS EXPIRING ON MARCH THIRTY-FIRST, TWO THOUSAND
FIFTEEN; AND TWO SHALL SERVE FOR TERMS EXPIRING ON MARCH THIRTY-FIRST,
TWO THOUSAND SEVENTEEN. THE MEMBERS SHALL ALL BE INDIVIDUALS WITH EXTEN-
SIVE EXPERIENCE AND KNOWLEDGE IN THE FIELDS OF FINANCE, ECONOMICS,
ACCOUNTING, PUBLIC ADMINISTRATION AND PUBLIC POLICY ANALYSIS INCLUDING
AT LEAST ONE NATIONALLY RECOGNIZED EXPERT IN THE FIELDS OF BUDGET THEORY
AND THE BUDGET PROCESS; ONE DEAN OR DIRECTOR OR FORMER DEAN OR DIRECTOR
A. 11241 35
OF A GRADUATE SCHOOL OF BUSINESS ADMINISTRATION, PUBLIC AFFAIRS OR
PUBLIC ADMINISTRATION LOCATED IN NEW YORK STATE; ONE OFFICER OR FORMER
OFFICER OR ECONOMIC ADVISOR OF A LABOR UNION; ONE OFFICER OR FORMER
OFFICER OR ECONOMIC ADVISOR TO A BUSINESS CORPORATION; AND ONE OFFICER
OR FORMER OFFICER OF A CIVIC OR PUBLIC INTEREST ADVOCACY ORGANIZATION
INVOLVED IN BUDGET MATTERS. NO INDIVIDUAL SHALL SERVE CONSECUTIVE TERMS.
(B) THE INDEPENDENT BUDGET OFFICE ADVISORY COMMITTEE SHALL DEVELOP
GUIDELINES FOR THE BEST PRACTICES OF THE INDEPENDENT BUDGET OFFICE. THE
INDEPENDENT BUDGET OFFICE ADVISORY COMMITTEE SHALL MEET ANNUALLY WITH
THE DIRECTOR TO REVIEW SUCH GUIDELINES AND TO MAKE COMMENTS AND
SUGGESTIONS ON THE OVERALL PRACTICES OF THE OFFICE.
(C) MEMBERS OF THE ADVISORY COMMITTEE SHALL RECEIVE NO COMPENSATION
BUT SHALL BE REIMBURSED FOR REASONABLE EXPENSES INCURRED IN CONNECTION
WITH THEIR DUTIES.
3. THE DIRECTOR OF THE INDEPENDENT BUDGET OFFICE SHALL BE APPOINTED
WITHOUT REGARD TO POLITICAL AFFILIATION AND SOLELY ON THE BASIS OF
FITNESS TO PERFORM THE DUTIES ASSIGNED BY THIS ARTICLE. THE TERM OF
OFFICE OF THE DIRECTOR FIRST APPOINTED SHALL EXPIRE ON FEBRUARY
FIFTEENTH, TWO THOUSAND SEVENTEEN, AND THE TERMS OF OFFICE OF DIRECTORS
SUBSEQUENTLY APPOINTED SHALL EXPIRE ON SUCH DATE IN EACH SIXTH YEAR
THEREAFTER. ANY INDIVIDUAL APPOINTED TO FILL A VACANCY PRIOR TO THE
EXPIRATION OF A TERM SHALL SERVE ONLY FOR THE UNEXPIRED PORTION OF SUCH
TERM. AN INDIVIDUAL SERVING AS DIRECTOR AT THE EXPIRATION OF THE TERM
MAY CONTINUE TO SERVE UNTIL A SUCCESSOR IS APPOINTED. ANY DIRECTOR SERV-
ING CONSECUTIVE TERMS SHALL BE RECOMMENDED BY THE INDEPENDENT BUDGET
OFFICE ADVISORY COMMITTEE AND APPOINTED BY THE SPEAKER OF THE ASSEMBLY
AND THE TEMPORARY PRESIDENT OF THE SENATE FOR THE SECOND TERM. NO DIREC-
TOR SHALL SERVE MORE THAN TWO TERMS CONSECUTIVELY.
4. TEN PERCENT OF THE APPROPRIATIONS MADE TO THE DIVISION OF THE BUDG-
ET SHALL BE AVAILABLE TO PAY FOR THE EXPENSES OF THE INDEPENDENT BUDGET
OFFICE DURING EACH FISCAL YEAR BEGINNING WITH THE FIRST DAY OF APRIL
AFTER THIS SECTION SHALL HAVE BECOME A LAW. THE DIRECTOR OF THE INDE-
PENDENT BUDGET OFFICE SHALL APPOINT SUCH PERSONNEL AND PROCURE THE
SERVICES OF SUCH EXPERTS AND CONSULTANTS, WITHIN THE APPROPRIATIONS
AVAILABLE THEREFOR, AS MAY BE NECESSARY FOR SUCH DIRECTOR TO CARRY OUT
THE DUTIES AND FUNCTIONS ASSIGNED PURSUANT TO THIS ARTICLE. SUCH PERSON-
NEL AND EXPERTS SHALL PERFORM SUCH DUTIES AS MAY BE ASSIGNED TO THEM BY
THE DIRECTOR.
5. THE DIRECTOR OF THE INDEPENDENT BUDGET OFFICE SHALL HAVE ACCESS AT
ALL REASONABLE TIMES TO OFFICES OF STATE DEPARTMENTS, COMMISSIONS,
BOARDS, BUREAUS AND OFFICES, TO INSTITUTIONS AND TO ALL STATE AUTHORI-
TIES AND PUBLIC WORKS OF THE STATE AND THEY MAY, FOR THE PURPOSE OF
OBTAINING INFORMATION AS TO THE METHOD OF OPERATION, GENERAL CONDITION,
MANAGEMENT AND NEEDS THEREOF, EXAMINE THE BOOKS, PAPERS AND PUBLIC
RECORDS THEREIN. NOTWITHSTANDING ANY OTHER PROVISION OF LAW SUCH STATE
DEPARTMENTS, COMMISSIONS, BOARDS, BUREAUS, OFFICES, STATE AUTHORITIES
AND INSTITUTIONS SHALL, THROUGH THEIR PROPER OFFICERS OR DEPUTIES,
FURNISH TO THE DIRECTOR SUCH DATA, INFORMATION OR STATEMENTS AS MAY BE
NECESSARY FOR THE PROPER EXERCISE OF HIS OR HER POWERS AND DUTIES AND
FOR THE PURPOSE OF CARRYING INTO EFFECT THE PROVISIONS OF THIS ARTICLE.
6. THE INDEPENDENT BUDGET OFFICE ADVISORY COMMITTEE SHALL DETERMINE
THE SALARY OF THE DIRECTOR OF THE INDEPENDENT BUDGET OFFICE.
S 33. Section 80 of the legislative law is REPEALED.
S 34. Intentionally omitted.
S 35. Intentionally omitted.
A. 11241 36
S 36. Section 14-130 of the election law, as added by chapter 152 of
the laws of 1985, is amended to read as follows:
S 14-130. Campaign funds for personal use. 1. Contributions received
by a candidate or a political committee may be expended for any lawful
purpose THAT IS DIRECTLY RELATED TO PROMOTING THE NOMINATION OR ELECTION
OF A CANDIDATE. Such funds shall not be converted by any person to a
personal use [which is unrelated to a political campaign or the holding
of a public office or party position].
2. NO CONTRIBUTION SHALL BE USED TO PAY INTEREST OR ANY OTHER FINANCE
CHARGES UPON MONIES LOANED TO THE CAMPAIGN BY SUCH CANDIDATE OR THE
SPOUSE OF SUCH CANDIDATE.
3. NO CONTRIBUTION SHALL BE USED TO PAY ATTORNEY'S FEES OR ANY COSTS
OF DEFENDING AGAINST CIVIL OR CRIMINAL INVESTIGATION OR PROSECUTION FOR
ALLEGED VIOLATIONS OF STATE OR FEDERAL LAW COMMITTED WHILE HOLDING
PUBLIC OFFICE OR BEING A CANDIDATE FOR SUCH OFFICE.
4. (A) AS USED IN THIS SECTION, EXPENDITURES FOR "PERSONAL USE" ARE
DEFINED AS EXPENDITURES THAT:
(I) ARE FOR THE PERSONAL BENEFIT OF THE CANDIDATE OR ANY OTHER INDI-
VIDUAL;
(II) DEFRAY NORMAL LIVING EXPENSES OF THE CANDIDATE, IMMEDIATE FAMILY
OF THE CANDIDATE, OR ANY OTHER INDIVIDUAL;
(III) ARE USED TO FULFILL ANY COMMITMENT, OBLIGATION, OR EXPENSE OF A
PERSON THAT WOULD EXIST IRRESPECTIVE OF THE CANDIDATE'S ELECTION
CAMPAIGN, INCLUDING, BUT NOT LIMITED TO, ANY EXPENSE INCURRED MORE THAN
THIRTY DAYS AFTER THE CANDIDATE CEASES TO BE A CANDIDATE; OR
(IV) ARE PUT TO ANY USE FOR WHICH THE CANDIDATE WOULD BE REQUIRED TO
TREAT THE AMOUNT OF THE EXPENDITURE AS GROSS INCOME UNDER SECTION
SIXTY-ONE OF THE INTERNAL REVENUE CODE, OR ANY SUBSEQUENT CORRESPONDING
SECTION OF THE INTERNAL REVENUE CODE OF THE UNITED STATES.
(B) EXPENDITURES FOR PERSONAL USE SHALL INCLUDE, BUT ARE NOT LIMITED
TO, EXPENSES FOR THE FOLLOWING:
(I) ANY RESIDENTIAL OR HOUSEHOLD ITEMS, SUPPLIES OR EXPENDITURES,
INCLUDING MORTGAGE, RENT OR UTILITY PAYMENTS FOR ANY PART OF ANY
PERSONAL RESIDENCE OF A CANDIDATE OR OFFICEHOLDER OR A MEMBER OF THE
CANDIDATE'S OR OFFICEHOLDER'S FAMILY. IN THE EVENT THAT ANY PROPERTY OR
BUILDING IS USED FOR BOTH PERSONAL AND CAMPAIGN USE, PERSONAL USE SHALL
CONSTITUTE EXPENSES RELATING TO THAT PROPERTY OR BUILDING INCURRED MORE
THAN THIRTY DAYS AFTER THE CANDIDATE CEASES TO BE A CANDIDATE OR THAT
EXCEED THE PRO-RATED AMOUNT FOR SUCH EXPENSES BASED ON FAIR-MARKET
VALUE;
(II) MORTGAGE, RENT, OR UTILITY PAYMENTS FOR ANY PART OF ANY NON-RESI-
DENTIAL PROPERTY THAT IS OWNED BY A CANDIDATE OR OFFICEHOLDER OR A
MEMBER OF A CANDIDATE'S OR OFFICEHOLDER'S FAMILY AND USED FOR CAMPAIGN
PURPOSES, TO THE EXTENT THE PAYMENTS EXCEED THE FAIR MARKET VALUE OF THE
PROPERTY USAGE;
(III) FUNERAL, CREMATION, OR BURIAL EXPENSES, INCLUDING ANY EXPENSES
RELATED TO A DEATH WITHIN A CANDIDATE'S OR OFFICEHOLDER'S FAMILY;
(IV) CLOTHING, OTHER THAN ITEMS OF DE MINIMIS VALUE THAT ARE USED IN
THE CAMPAIGN;
(V) TUITION PAYMENTS;
(VI) CHILDCARE COSTS;
(VII) DUES, FEES, OR GRATUITIES AT A COUNTRY CLUB, HEALTH CLUB, RECRE-
ATIONAL FACILITY OR OTHER NONPOLITICAL ORGANIZATION, UNLESS THEY ARE
PART OF A SPECIFIC FUNDRAISING EVENT THAT TAKES PLACE ON THE ORGANIZA-
TION'S PREMISES;
A. 11241 37
(VIII) SALARY PAYMENTS TO ANY PERSON WHOSE SERVICES ARE NOT SOLELY FOR
CAMPAIGN PURPOSES;
(IX) SALARY PAYMENTS TO A MEMBER OF A CANDIDATE'S FAMILY, UNLESS THE
FAMILY MEMBER IS PROVIDING BONA FIDE SERVICES TO THE CAMPAIGN. IF A
FAMILY MEMBER PROVIDES BONA FIDE SERVICES TO A CAMPAIGN, ANY SALARY
PAYMENTS IN EXCESS OF THE FAIR MARKET VALUE OF THE SERVICES PROVIDED
SHALL BE CONSIDERED PAYMENTS FOR PERSONAL USE;
(X) ADMISSION TO A SPORTING EVENT, CONCERT, THEATER, OR OTHER FORM OF
ENTERTAINMENT, UNLESS PART OF A SPECIFIC CAMPAIGN OR OFFICEHOLDER ACTIV-
ITY;
(XI) PAYMENT OF ANY FINES, FEES, OR PENALTIES ASSESSED PURSUANT TO
THIS CHAPTER;
(XII) AUTOMOBILE PURCHASES;
(XIII) AUTOMOBILE LEASES;
(XIV) TRAVEL EXPENSES, UNLESS USED SOLELY FOR CAMPAIGN PURPOSES. IF A
CANDIDATE USES CAMPAIGN FUNDS TO PAY EXPENSES ASSOCIATED WITH TRAVEL
THAT INVOLVES BOTH PERSONAL ACTIVITIES AND CAMPAIGN ACTIVITIES, THE
INCREMENTAL EXPENSES THAT RESULT FROM THE PERSONAL ACTIVITIES SHALL BE
CONSIDERED FOR PERSONAL USE UNLESS THE PERSON OR PERSONS BENEFITING FROM
THE USE REIMBURSES THE CAMPAIGN ACCOUNT WITHIN THIRTY DAYS FOR THE FULL
AMOUNT OF THE INCREMENTAL EXPENSES; AND
(XV) ANY OTHER EXPENDITURE DESIGNATED BY THE STATE ETHICS COMMISSION
AS CONSTITUTING PERSONAL USE.
5. NOTHING IN THIS SECTION SHALL PROHIBIT A CANDIDATE FROM PURCHASING
EQUIPMENT OR PROPERTY FROM HIS PERSONAL FUNDS AND LEASING OR RENTING
SUCH EQUIPMENT OR PROPERTY TO A COMMITTEE WORKING DIRECTLY OR INDIRECTLY
WITH HIM TO AID OR PARTICIPATE IN HIS NOMINATION OR ELECTION, INCLUDING
AN EXPLORATORY COMMITTEE, PROVIDED THAT THE CANDIDATE AND HIS CAMPAIGN
TREASURER SIGN A WRITTEN LEASE OR RENTAL AGREEMENT. SUCH AGREEMENT SHALL
INCLUDE THE LEASE OR RENTAL PRICE, WHICH SHALL NOT EXCEED THE FAIR LEASE
OR RENTAL VALUE OF THE EQUIPMENT. THE CANDIDATE SHALL NOT RECEIVE LEASE
OR RENTAL PAYMENTS WHICH, IN THE AGGREGATE, EXCEED THE COST OF PURCHAS-
ING THE EQUIPMENT OR PROPERTY.
S 37. Intentionally omitted.
S 38. Intentionally omitted.
S 39. Intentionally omitted.
S 40. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.
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