S T A T E   O F   N E W   Y O R K
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                                  1282--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  CARROLL, ORTIZ, D'URSO, SCHIMMINGER, STIRPE,
   M. G. MILLER,  WOERNER,   JAFFEE,   EPSTEIN,   THIELE,   SANTABARBARA,
   PHEFFER AMATO,  MONTESANO,  FAHY,  BUTTENSCHON,  L. ROSENTHAL,  SALKA,
   LUPARDO, McMAHON, SEAWRIGHT,  McDONALD,  FRONTUS,  GALEF,  RICHARDSON,
   STEC, TAGUE, QUART, LAWRENCE, MOSLEY -- Multi-Sponsored by -- M. of A.
   BUCHWALD,  COOK, DINOWITZ, GOTTFRIED, PAULIN -- read once and referred
   to the Committee on Governmental  Operations  --  recommitted  to  the
   Committee  on Governmental Operations in accordance with Assembly Rule
   3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing  that the constitution be amended by adding a new article V-A;
   in relation to state government integrity
 
   Section 1. Resolved (if the Senate concur), That the  constitution  be
 amended by adding a new article V-A to read as follows:
                                ARTICLE V-A
                        STATE GOVERNMENT INTEGRITY
   SECTION  1. A. THE PEOPLE OF NEW YORK EXPECT OFFICERS AND EMPLOYEES OF
 THE STATE TO OBSERVE LAWS, RULES AND REGULATIONS THAT SPECIFY HIGH STAN-
 DARDS OF ETHICAL CONDUCT DESIGNED TO AVOID THE REALITY AND APPEARANCE OF
 CORRUPTION, CONFLICT OF INTEREST, SELF-DEALING AND BREACH OF THE  PUBLIC
 TRUST.  EQUALLY  THEY EXPECT THAT CANDIDATES FOR STATE OFFICE AND OTHERS
 SEEKING TO INFLUENCE STATE ELECTIONS TO OBSERVE LAWS,  RULES  AND  REGU-
 LATIONS  DESIGNED  TO  REGULATE  ACTUAL  AND  POTENTIAL  CORRUPTION  AND
 CONFLICTS OF INTEREST BY REGULATING THE INFLUENCE OF MONEY  IN  POLITICS
 AND  MAKING  TRANSPARENT  THE  FINANCING  AND EXPENDITURES OF EFFORTS TO
 INFLUENCE VOTERS. TO PROTECT THE INTEGRITY AND FREEDOM  FROM  CORRUPTION
 OF  THE  USE  OF  STATE  POWER  TO ENACT LAWS, ESTABLISH RULES AND REGU-
 LATIONS, AND CONTRACT FOR GOODS AND SERVICES FUNDED IN WHOLE OR IN  PART
 WITH  STATE  TAXES  AND  OTHER  REVENUES,  THE PEOPLE OF NEW YORK EXPECT
 OBSERVANCE OF LAWS, RULES AND REGULATIONS THAT REGULATE LOBBYING, LOBBY-
 ISTS AND GOVERNMENT PROCUREMENT. TO  ENSURE  THE  APPROPRIATE  WORKPLACE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD89014-08-9

 A. 1282--A                          2
 
 CONDUCT OF STATE OFFICERS AND EMPLOYEES AND THOSE WHO INTERACT WITH SUCH
 OFFICERS  AND  EMPLOYEES WHILE DEALING WITH THE STATE AND ITS INSTRUMEN-
 TALITIES, THE PEOPLE OF NEW YORK  EXPECT  THAT  ALL  SUCH  PERSONS  WILL
 OBSERVE LAWS, RULES AND REGULATIONS SETTING STANDARDS OF APPROPRIATE AND
 NON-DISCRIMINATORY WORKPLACE BEHAVIOR.
   B. ACHIEVING THIS GOAL REQUIRES AN INDEPENDENT AND NON-PARTISAN AGENCY
 WITH  JURISDICTION  OVER  MATTERS PERTAINING TO BOTH THE LEGISLATIVE AND
 EXECUTIVE BRANCHES OF GOVERNMENT AND  THAT  HAS  THE  NEEDED  POWERS  TO
 TRAIN,  ADVISE,  INTERPRET,  ADOPT  RULES  AND REGULATIONS, INVESTIGATE,
 CONDUCT FAIR HEARINGS THAT AFFORD DUE  PROCESS  AND  IMPOSE  APPROPRIATE
 SANCTIONS ON A CONSISTENT BASIS SO THAT, WITH FAIR AND EQUAL APPLICATION
 OF  THE LAW, NO PERSON OR ENTITY, NO MATTER WHAT THEIR STATUS, INFLUENCE
 OR ROLE IN GOVERNMENT, CAN PLACE THEMSELVES  ABOVE  THE  LAW  OR  SUFFER
 DETRIMENT DUE TO ANY LACK OF SUCH STATUS, INFLUENCE OR ROLE.
   §  2.  A. THERE SHALL BE A NEW YORK STATE GOVERNMENT INTEGRITY COMMIS-
 SION.  THE COMMISSION SHALL, ON AN INDEPENDENT AND  NON-PARTISAN  BASIS:
 (I) RECEIVE, INITIATE, INVESTIGATE AND DETERMINE COMPLAINTS WITH RESPECT
 TO  LAWS,  RULES AND REGULATIONS PROHIBITING UNETHICAL BEHAVIOR, INCLUD-
 ING, CONFLICT OF INTEREST, SELF-DEALING AND BREACH OF THE PUBLIC  TRUST;
 (II)  ADMINISTER  AND  ENFORCE LAWS, RULES AND REGULATIONS PROVIDING FOR
 THE DISCLOSURE OF FINANCIAL AND  OTHER  INTERESTS  BY  STATE  GOVERNMENT
 OFFICERS  AND  EMPLOYEES;  (III)  ADMINISTER AND ENFORCE LAWS, RULES AND
 REGULATIONS RELATING TO ABUSE OF OFFICIAL  POSITION,  INCLUDING  THROUGH
 DISCRIMINATION  AND  DISCRIMINATORY AND RETALIATORY HARASSMENT, BY STATE
 GOVERNMENT OFFICERS AND EMPLOYEES; (IV)  ADMINISTER  AND  ENFORCE  LAWS,
 RULES  AND  REGULATIONS  REGULATING  THE  INFLUENCE OF MONEY IN POLITICS
 INCLUDING THOSE PROVIDING FOR THE DISCLOSURE OF  RECEIPTS  AND  EXPENDI-
 TURES  BY  CANDIDATES  AND POLITICAL PARTIES; (V) ADMINISTER AND ENFORCE
 LAWS, RULES AND REGULATIONS RELATING TO PUBLIC  FINANCING  OF  POLITICAL
 CAMPAIGNS;  (VI) ADMINISTER AND ENFORCE LAWS, RULES AND REGULATIONS THAT
 REGULATE LOBBYING AND LOBBYISTS; AND (VII) RECEIVE,  INITIATE,  INVESTI-
 GATE  AND  DETERMINE COMPLAINTS THAT LAWS, RULES AND REGULATIONS RELATED
 TO GOVERNMENT PROCUREMENT ARE  NOT  BEING  FAITHFULLY  EXECUTED.    THIS
 JURISDICTION SHALL BE IN ADDITION TO AND NOT IN DEROGATION OF THE INVES-
 TIGATORY, DISCIPLINARY, VENDOR QUALIFICATION OR LAW ENFORCEMENT AUTHORI-
 TY OF ANY OTHER PERSON OR ENTITY AND OF THE RIGHT OF AN AGGRIEVED PERSON
 TO  SEEK CIVIL REDRESS IN ACCORDANCE WITH LAW. THE COMMISSION MAY IN ITS
 DISCRETION DECLINE TO INITIATE, OR SUSPEND INITIATION OF PROCEEDINGS, OR
 OTHERWISE ADJUST ITS PROCEDURES,  IN  VIEW  OF  SUCH  OTHER  PROCEEDINGS
 UNDERTAKEN OR ABLE TO BE UNDERTAKEN BY SUCH OTHER PERSON OR ENTITY.
   B.  WHEN,  AFTER  HEARING,  THE  COMMISSION  HAS  DETERMINED  THAT THE
 RESPONDENT HAS VIOLATED A LAW, RULE OR  REGULATION  WITHIN  THE  COMMIS-
 SION'S  JURISDICTION  TO  ENFORCE,  THE  COMMISSION MAY IMPOSE ANY CIVIL
 SANCTION AUTHORIZED BY LAW AND/OR REFER THE MATTER FOR  CRIMINAL  PROSE-
 CUTION.  THE  COMMISSION  MAY  ALSO  CAUTION,  ADMONISH  OR CENSURE SUCH
 RESPONDENT OR, IN THE CASE OF A NON-ELECTED STATE OFFICER  OR  EMPLOYEE,
 SUSPEND,  DEMOTE  OR  REMOVE  SUCH  RESPONDENT FROM OFFICE OR EMPLOYMENT
 AFTER SUCH ADJUDICATORY PROCESS THAT  SUBSTANTIALLY  COMPLIES  WITH  THE
 TERMS  OF  ANY RELEVANT COLLECTIVE BARGAINING AGREEMENT. IN DECIDING THE
 SEVERITY OF THE SANCTION, THE COMMISSION SHALL CONSIDER TO  WHAT  EXTENT
 THE  VIOLATION  IS  INADVERTENT, ISOLATED AND/OR OF INSUBSTANTIAL CONSE-
 QUENCE ON THE ONE HAND OR WILLFUL, REPEATED, CAUSING ACTUAL PUBLIC  HARM
 OR RISK OF PUBLIC HARM AND/OR OTHERWISE EGREGIOUS ON THE OTHER. DETERMI-
 NATIONS,  OTHER  THAN A DETERMINATION TO REFER FOR CRIMINAL PROSECUTION,
 SHALL BE SUBJECT TO JUDICIAL REVIEW IN ACCORDANCE WITH LAW. IF IT  FINDS

 A. 1282--A                          3
 
 SUCH  A  VIOLATION  IT  MAY ALSO ISSUE A CEASE AND DESIST ORDER AND SEEK
 JUDICIAL ENFORCEMENT OF THAT ORDER IN ACCORDANCE WITH LAW.
   C.  THE  COMMISSION  SHALL  CONSIST  OF THIRTEEN MEMBERS, APPOINTED AS
 FOLLOWS: (I) TWO SHALL BE APPOINTED BY THE GOVERNOR,  AT  LEAST  ONE  OF
 WHOM  SHALL BE, OR WITHIN THE PRIOR FIVE YEARS SHALL HAVE BEEN, ENROLLED
 IN A DIFFERENT MAJOR POLITICAL PARTY THAN THE GOVERNOR; (II)  ONE  SHALL
 BE  APPOINTED BY EACH OF THE LEADERS IN EACH HOUSE OF THE LEGISLATURE OF
 THE PARTY CONFERENCES WHOSE CANDIDATE FOR GOVERNOR IN  THE  MOST  RECENT
 GUBERNATORIAL ELECTION RECEIVED THE LARGEST AND SECOND LARGEST NUMBER OF
 VOTES;  AND  (III)  SEVEN JOINTLY BY THE CHIEF JUDGE OF THE STATE OF NEW
 YORK AND THE PRESIDING JUSTICES OF  EACH  OF  THE  APPELLATE  DIVISIONS,
 THREE OF WHOM SHALL BE, AND WITHIN THE PRIOR FIVE YEARS SHALL HAVE BEEN,
 ENROLLED  IN  EACH OF THE TWO MAJORITY POLITICAL PARTIES AND ONE OF WHOM
 SHALL NOT BE, AND SHALL  NOT  WITHIN  THE  PAST  FIVE  YEARS  HAVE  BEEN
 ENROLLED IN ANY POLITICAL PARTY. THE CHIEF JUDGE SHALL REQUEST THE PRES-
 IDENT  AND  IMMEDIATE PAST PRESIDENT OF THE STATE BAR JOINTLY TO PROPOSE
 SEVEN PERSONS FOR EACH OF TWO APPOINTMENTS TO THE COMMISSION  WHO  AS  A
 GROUP  OF  SEVEN WOULD BE ELIGIBLE FOR SUCH APPOINTMENT AND TWO OF THOSE
 APPOINTED JOINTLY BY THE CHIEF JUDGE AND THE PRESIDING JUSTICES SHALL BE
 DRAWN FROM THESE TWO LISTS. NO MEMBER OF THE COMMISSION SHALL HAVE  HELD
 OFFICE IN ANY POLITICAL PARTY ORGANIZATION, HAVE BEEN A STATE OFFICER OR
 EMPLOYEE  OR  HAVE  BEEN  ENGAGED  AS  A  LOBBYIST WITHIN THREE YEARS OF
 APPOINTMENT OR AT ANY TIME DURING THEIR TERM. THE CHAIR SHALL BE ELECTED
 BY THE COMMISSION MEMBERS FROM AMONG ITS MEMBERS.    COMMISSION  MEMBERS
 SHALL BE REIMBURSED FOR THEIR ACTUAL EXPENSES AND PAID A PER DIEM SALARY
 TO  BE  FIXED  BY LAW BUT AT LEAST A PER DIEM AMOUNT EQUAL TO THE ANNUAL
 SALARY PAID TO A JUSTICE OF THE SUPREME COURT  DIVIDED  BY  TWO  HUNDRED
 TWENTY. A MEMBER MAY BE REMOVED FOR CAUSE ON APPLICATION TO THE COURT OF
 APPEALS  MADE  BY  A MAJORITY VOTE OF THE FULL MEMBERSHIP OF THE COMMIS-
 SION.
   D. THE PERSONS FIRST APPOINTED BY THE GOVERNOR SHALL HAVE RESPECTIVELY
 THREE AND FOUR-YEAR TERMS AS THE GOVERNOR SHALL DESIGNATE.  THE  PERSONS
 FIRST  APPOINTED JOINTLY BY THE CHIEF JUDGE OF THE STATE OF NEW YORK AND
 THE PRESIDING JUSTICES OF THE APPELLATE DIVISIONS SHALL HAVE RESPECTIVE-
 LY ONE, TWO, TWO, THREE, THREE, FOUR, AND FOUR-YEAR TERMS AS THAT  JUDGE
 AND  THOSE  JUSTICES  SHALL DESIGNATE. THE PERSON FIRST APPOINTED BY THE
 LEGISLATIVE LEADERS IN EACH  HOUSE  OF  THE  LEGISLATURE  OF  THE  PARTY
 CONFERENCES  WHOSE CANDIDATE FOR GOVERNOR RECEIVED THE LARGEST NUMBER OF
 VOTES SHALL HAVE A FOUR-YEAR TERM IN THE CASE OF THE SENATE AND A THREE-
 YEAR TERM IN THE CASE OF THE ASSEMBLY. THE PERSON FIRST APPOINTED BY THE
 LEGISLATIVE LEADERS IN EACH  HOUSE  OF  THE  LEGISLATURE  OF  THE  PARTY
 CONFERENCES  WHOSE  CANDIDATE  FOR  GOVERNOR RECEIVED THE SECOND LARGEST
 NUMBER OF VOTES SHALL HAVE A TWO-YEAR TERM IN THE CASE OF THE SENATE AND
 A ONE-YEAR TERM IN THE CASE OF THE ASSEMBLY. EACH MEMBER OF THE  COMMIS-
 SION SHALL BE APPOINTED THEREAFTER FOR A TERM OF FOUR YEARS AND SHALL BE
 APPOINTED  IN THE SAME MANNER WITH A PERSON OF THE SAME POLITICAL AFFIL-
 IATION AS HIS OR HER PREDECESSOR.
   E. THE ORGANIZATION AND  PROCEDURE  OF  THE  COMMISSION  SHALL  BE  AS
 PROVIDED  BY LAW PROVIDED THAT THE COMMISSION SHALL ACT BY MAJORITY VOTE
 OF ITS MEMBERSHIP AND DETERMINE VIOLATIONS BASED ON A  PREPONDERANCE  OF
 THE  EVIDENCE EXCEPT THAT ANY ORDER OF CENSURE OR REMOVAL SHALL BE BASED
 ON CLEAR AND CONVINCING EVIDENCE.  THE COMMISSION MAY ESTABLISH ITS  OWN
 RULES  AND  PROCEDURES  NOT INCONSISTENT WITH LAW AND DUE PROCESS. THOSE
 RULES SHALL BAR EX PARTE COMMUNICATIONS REGARDING A POTENTIAL OR ONGOING
 INVESTIGATION OR OTHER MATTER BEFORE THE COMMISSION, DIRECT OR INDIRECT,
 BETWEEN MEMBERS OF THE COMMISSION AND  THEIR  APPOINTING  AUTHORITY  AND

 A. 1282--A                          4

 SUCH RULE SHALL BIND BOTH THE MEMBER, THE COMMISSION STAFF, THE APPOINT-
 ING  AUTHORITY AND THE STAFF, AGENTS AND REPRESENTATIVES OF THE APPOINT-
 ING AUTHORITY. THE COMMISSION SHALL BE EMPOWERED  TO  DESIGNATE  ONE  OR
 MORE OF ITS MEMBERS OR ANY OTHER PERSONS AS HEARING OFFICERS TO HEAR AND
 REPORT CONCERNING ANY MATTER BEFORE THE COMMISSION.
   §  3.  A.  THE  COMMISSION MANY APPOINT AN EXECUTIVE DIRECTOR, WHO MAY
 APPOINT STAFF, AND ONE OR MORE DEPUTY DIRECTORS  WITH  SUCH  DUTIES  AND
 POWERS  AS  THE  COMMISSION MAY FIX. NO PERSON WHO WOULD BE DISQUALIFIED
 FROM BEING A MEMBER OF THE COMMISSION  MAY  BE  APPOINTED  AS  EXECUTIVE
 DIRECTOR  EXCEPT  THAT  A PERSON EMPLOYED AT THE COMMISSION SHALL NOT BE
 DISQUALIFIED BY REASON OF THAT EMPLOYMENT.
   B. THE COMMISSION AND ITS DESIGNATED HEARING OFFICERS SHALL  HAVE  THE
 POWER  TO ADMINISTER OATHS, COMPEL THE ATTENDANCE OF WITNESSES AND ISSUE
 SUBPOENAS.
   C. THE COMMISSION, SHALL HAVE THE DUTY TO TRAIN ALL PERSONS WITHIN THE
 COMMISSION'S JURISDICTION IN COMPLIANCE WITH THE LAWS, RULES  AND  REGU-
 LATIONS  WITH  RESPECT  TO  WHICH THE COMMISSION HAS JURISDICTION AND TO
 OTHERWISE ENCOURAGE PERSONS SUBJECT TO THE COMMISSION'S JURISDICTION  TO
 FULFILL  THEIR  DUTIES UNDER SUCH LAWS AND SHALL HAVE THE POWER TO ISSUE
 AND INTERPRET RULES AND REGULATIONS  SUBJECT  TO  JUDICIARY  REVIEW  FOR
 CONFORMANCE WITH LAW.
   D.  THE  COMMISSION  MAY  MAKE  A  CRIMINAL  PROSECUTION REFERRAL TO A
 DISTRICT ATTORNEY, THE ATTORNEY GENERAL OR A UNITED STATES ATTORNEY.
   E. THE COMMISSION, AFTER NOTICE AND OPPORTUNITY  FOR  PUBLIC  COMMENT,
 MAY ISSUE ADVISORY OPINIONS OR BULLETINS WHICH WILL HAVE SUCH PROTECTIVE
 EFFECT  ON  THOSE WHO ACT IN COMPLIANCE THEREWITH AS IS SPECIFIED IN THE
 OPINION OR BULLETIN. IT SHALL ALSO ESTABLISH AN  OFFICE  OF  ETHICS  AND
 LOBBYING  GUIDANCE  TO  GIVE  PROMPT, NON-PRECEDENTAL INFORMAL ADVICE TO
 PERSONS WHOSE CONDUCT IT OVERSEES.    PERSONS  RECEIVING  SUCH  INFORMAL
 ADVICE  MAY  RELY  ON  THAT  ADVICE ABSENT MISREPRESENTATION OF MATERIAL
 FACTS TO THE OFFICE OF ETHICS AND LOBBYING GUIDANCE  AND  SUCH  COMMUNI-
 CATIONS  WITH  THE  OFFICE  OF  ETHICS  AND LOBBYING SHALL BE TREATED AS
 CONFIDENTIAL EXCEPT AS DISCLOSURE IS NEEDED  TO  PREVENT  OR  RECTIFY  A
 CRIME OR FRAUD OR PREVENT A SUBSTANTIAL THREAT TO PUBLIC SAFETY.
   §  4. THE COMMISSION SHALL ANNUALLY SUBMIT A BUDGET WHICH THE GOVERNOR
 SHALL INCLUDE  IN  HIS  EXECUTIVE  BUDGET  AND  FINANCIAL  PLAN  WITHOUT
 REVISION.    THE  LEGISLATURE MAY REDUCE THE COMMISSION'S BUDGET AND THE
 GOVERNOR MAY VETO THAT REDUCTION AND REPLACE IT WITH AN AMOUNT NOT  LESS
 THAN  THAT DETERMINED BY THE LEGISLATURE. IF SUCH VETO SHALL BE OVERRID-
 DEN BY A TWO-THIRDS VOTE OF BOTH HOUSES OF THE LEGISLATURE,  THE  AMOUNT
 DETERMINED BY THE LEGISLATURE SHALL BECOME BINDING.
   §  5. A. THE COMMISSION SHALL ADMINISTER AND ENFORCE THE STATE CODE OF
 ETHICS ESTABLISHED BY LAW. THE STATE CODE OF ETHICS SHALL BE  CONSTRUED,
 AND ANY REVISION OR AMENDMENT THERETO, SHALL BE DRAFTED AND CONSTRUED TO
 PROSCRIBE  CONDUCT  THAT  CREATES  IN THE MIND OF A REASONABLE PERSON AN
 APPEARANCE OF CORRUPTION, CONFLICTS OF INTEREST THAT  MATERIALLY  IMPAIR
 THE  PERFORMANCE  OF  OFFICIAL  DUTIES  AND BREACHES OF THE PUBLIC TRUST
 INCLUDING THE MISUSE OF OFFICIAL  POSITION  OR  THE  ABUSE  OF  OFFICIAL
 AUTHORITY  FOR  PERSONAL  GAIN. THE COMMISSION SHALL PERIODICALLY REVIEW
 THE STATE CODE OF ETHICS AND MAY PROPOSE TO  THE  LEGISLATURE  REVISIONS
 AND AMENDMENTS TO THE CODE.
   B.  THE  STATE  CODE  OF  ETHICS  SHALL,  BY VIRTUE OF THIS PROVISION,
 PROVIDE THAT IT SHALL BE THE ETHICAL DUTY OF ANY PERSON OR ENTITY WITHIN
 THE JURISDICTION OF THE COMMISSION TO PROMPTLY REPORT TO THE  COMMISSION
 INFORMATION NOT PROTECTED BY THE ATTORNEY-CLIENT OR PROSECUTORIAL INVES-
 TIGATIVE  PRIVILEGE ABOUT ACTIVITY KNOWN TO BE IN VIOLATION OF THE STATE

 A. 1282--A                          5
 
 CODE OF ETHICS OR OTHER LAW WHICH ANY PERSON OR ENTITY  HAS  ENGAGED  IN
 WITH  RESPECT TO ACTIVITY THAT IS WITHIN THE JURISDICTION OF THE COMMIS-
 SION.  THERE SHALL BE NO RETALIATION AGAINST A PERSON OR  ENTITY  MAKING
 SUCH  A  REPORT  IN GOOD FAITH ON INFORMATION AND BELIEF, AND ANY PERSON
 AGGRIEVED BY SUCH RETALIATION MAY BRING A CIVIL ACTION FOR  COMPENSATORY
 AND EXEMPLARY DAMAGES.
   C.  THE  STATE  CODE  OF  ETHICS  SHALL,  BY VIRTUE OF THIS PROVISION,
 PROVIDE THAT NO PERSON WITHIN THE JURISDICTION OF THE  COMMISSION  SHALL
 COMMIT  AN ACT OF DISCRIMINATORY OR RETALIATORY HARASSMENT WHILE SERVING
 IN HIS OR HER OFFICIAL CAPACITY AND NO SUCH PERSON SERVING IN A SUPERVI-
 SORY CAPACITY SHALL SUFFER AN ACT OF SUCH HARASSMENT  TO  OCCUR  WITHOUT
 TAKING  CARE  THAT THERE BE DUE CONSEQUENCES IN ACCORDANCE WITH LAW. THE
 COMMISSION MAY BY RULE DEFINE THE CONDUCT THAT  CONSTITUTES  AN  ACT  OF
 DISCRIMINATORY  OR  RETALIATORY  HARASSMENT  AND  SHALL ESTABLISH A UNIT
 RESPONSIBLE FOR HARASSMENT COMPLAINTS AND INVESTIGATIONS.
   § 6. THE COMMISSION MAY RECOMMEND TO THE LEGISLATURE  LIMITS  FOR  ALL
 CATEGORIES  OF CAMPAIGN CONTRIBUTIONS TO CANDIDATES AND POLITICAL ORGAN-
 IZATIONS THAT IN ITS JUDGMENT ARE LOW ENOUGH TO PREVENT AN ELECTED OFFI-
 CIAL FROM BEING SO BEHOLDEN TO A CAMPAIGN CONTRIBUTOR AS  TO  MATERIALLY
 IMPAIR  SUCH  OFFICIAL'S  EXERCISE OF INDEPENDENT POLICY JUDGMENT IN THE
 INTERESTS OF THE PUBLIC AND HIS OR HER CONSTITUENTS.
   § 7. THE COMMISSION SHALL BE SUBJECT TO ALL  TRANSPARENCY  AND  PUBLIC
 ACCESS  LAWS SUBJECT TO SUCH REASONABLE EXCEPTIONS FOR PENDING CONFIDEN-
 TIAL INVESTIGATIONS AS SHALL BE PROVIDED BY LAW. THE LEGISLATIVE  BRANCH
 SHALL  BE  SUBJECT TO LAWS PROVIDING FOR TRANSPARENCY TO THE SAME EXTENT
 AS IS THE EXECUTIVE BRANCH.
   § 8. ANY COMMISSION APPOINTMENT NOT MADE WITHIN SIXTY  DAYS  FOLLOWING
 THE  EFFECTIVE  DATE OF THIS ARTICLE, OR WITHIN SIXTY DAYS OF THE OCCUR-
 RENCE OF ANY VACANCY, SHALL BE FILLED BY THE PRESIDENT AND  PRESIDENT-E-
 LECT  OF  THE  STATE  BAR  ACTING  JOINTLY. FOR NO MORE THAN NINETY DAYS
 FOLLOWING THE INITIAL APPOINTMENT ALL  THE  MEMBERS  OF  THE  COMMISSION
 SHALL  PREPARE  TO COMMENCE OPERATION, INCLUDING THE HIRING OF AN EXECU-
 TIVE DIRECTOR AND MANAGERIAL STAFF, AND ON SUCH NINETIETH DAY THE  JOINT
 COMMISSION  ON PUBLIC ETHICS AND THE LEGISLATIVE ETHICS COMMISSION SHALL
 NO LONGER EXIST, AND THE  AUTHORITY  OF  THE  BOARD  OF  ELECTIONS  OVER
 CAMPAIGN  FINANCE  SHALL  CEASE ALL THEIR POWERS, DUTIES, NON-MANAGERIAL
 EMPLOYEES AND MATTERS HAVING BEEN TRANSFERRED TO THE COMMISSION.
   § 2. Resolved (if the Senate concur), That the foregoing amendment  be
 referred  to  the  first regular legislative session convening after the
 next succeeding general election of members of  the  assembly,  and,  in
 conformity  with  section  1  of  article  19  of  the  constitution, be
 published for 3 months previous to the time of such election.