PUBLIC OFFICERS LAW
Laws 1909, Chap. 51.

AN ACT in relation to public officers, constituting chapter forty-
seven of the consolidated laws.

Became a law February 17, 1909, with the approval of the
Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

CHAPTER 47 OF THE CONSOLIDATED LAWS
PUBLIC OFFICERS LAW

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Article        1.   Short title; definitions (Secs. 1, 2).

               2.   Appointment and qualification of public
                    officers (Secs. 3-19).

               2-A. Actions on official bonds or undertakings
                    (Secs. 20-28).

               3.   Creation and filling of vacancies
                    (Secs. 30-43).

               4.   Powers and duties of public officers
                    (Secs. 60-79).

               5.   Delivery of public books (Sec. 80).

               6.   Freedom of information law (Secs. 84-90).

               6-A. Personal privacy protection law (Secs. 91-
                    99).

               7.   Open meetings law (Secs. 100-111).

               8.   Construction; laws repealed; when to take
                    effect (Secs. 115-117).

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ARTICLE 1

Short Title; Definitions

Section   1.   Short title.

          2.   Definitions.

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Sec. 1.   Short title.

This chapter shall be known as the "Public Officers Law."


Sec. 2.   Definitions.

The term "state officer" includes every officer for whom all the
electors of the state are entitled to vote, members of the
legislature, justices of the supreme court, regents of the
university, and every officer, appointed by one or more state
officers, or by the legislature, and authorized to exercise his
official functions throughout the entire state, or without
limitation to any political subdivision of the state, except
United States senators, members of congress, and electors for
president and vice-president of the United States. The term
"local officer" includes every other officer who is elected by
the electors of a portion only of the state, every officer of a
political subdivision or municipal corporation of the state, and
every officer limited in the execution of his official functions
to a portion only of the state. The office of a state officer is
a state office. The office of a local officer is a local office.

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ARTICLE 2

Appointment and Qualification of Public Officers

Section        3.   Qualifications for holding office.

               3-a. Restrictions upon holding public office or
                    employment of persons removed from office for
                    certain reasons.

               3-b. Special peace officers to be citizens.

               4.   Commencement of term of office.

               5.   Holding over after expiration of term.

               6.   Mode of choosing state officers if not
                    otherwise provided.

               7.   Appointment by the governor and senate.

               8.   Commissions of officers.

               9.   Deputies, their appointment, number and
                    duties.

               10.  Official oaths.

               11.  Official undertakings.

               12.  Force and effect of official undertaking.

               13.  Notice of neglect to file oath or
                    undertaking.

               14.  Effect of consolidation on terms of office.

               15.  Validation of official acts performed before
                    filing official oath or undertaking.

               16.  Qualifications of certain judicial officers
                    in cities of the first class.

               17.  Defense and indemnification of state officers
                    and employees.

               18.  Defense and indemnification of officers and
                    employees of public entities.

               19.  Reimbursement of defense costs incurred by or
                    on behalf of state employees.

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Section 3.     Qualifications for holding office.

1.   No person shall be capable of holding a civil office who
     shall not, at the time he shall be chosen thereto, have
     attained the age of eighteen years, except that in the case
     of youth boards, youth commissions or recreation commissions
     only, members of such boards or commissions may be under the
     age of eighteen years, but must have attained the age of
     sixteen years on or before appointment to such youth board,
     youth commission or recreation commission, be a citizen of
     the United States, a resident of the state, and if it be a
     local office, a resident of the political subdivision or
     municipal corporation of the state for which he shall be
     chosen, or within which the electors electing him reside, or
     within which his official functions are required to be
     exercised, or who shall have been or shall be convicted of a
     violation of the selective draft act of the United States,
     enacted May eighteenth, nineteen hundred seventeen, or the
     acts amendatory or supplemental thereto, or of the federal
     selective training and service act of nineteen hundred forty
     or the acts amendatory thereof or supplemental thereto.

2.   Neither the provisions of this section or of any general,
     special or local law, charter, code, ordinance, resolution,
     rule or regulation, requiring a person to be a resident of
     the political subdivision or municipal corporation of the
     state for which he shall be chosen or within which his
     official functions are required to be exercised, shall apply
     to the appointment of a person as a member of the police
     force of any political subdivision or municipal corporation
     of the state if such person resides (a) in the county in
     which such political subdivision or municipal corporation is
     located; or (b) in a county within the state contiguous to
     the county in which such political subdivision or municipal
     corporation is located; or (c) in a county within the state
     contiguous to such political subdivision or municipal
     corporation; or (d) in a county within the state contiguous
     to a county described in item (c) hereof where the former is
     less than fifteen miles from such political subdivision or
     municipal corporation, measured from their respective
     nearest boundary lines; or (e) in a county within the state
     contiguous to a county described in item (d) hereof where
     the former is less than thirty miles from such political
     subdivision or municipal corporation, measured from their
     respective nearest boundary lines.

2-a. Neither the provisions of this section, nor of any general,
     special or local law, charter, code, ordinance, resolution,
     rule or regulation, requiring a person to be a resident of
     the political subdivision or municipal corporation of the
     state for which he shall be chosen or within which his
     official functions are required to be exercised, shall apply
     to the appointment of a member of the department of
     sanitation of any municipality of the state who resides in a
     county within the state contiguous to such municipality.

2-b. Neither the provisions of this section, nor of any general,
     special or local law, charter, code, ordinance, resolution,
     rule or regulation, requiring a person to be a resident of
     the political subdivision or municipal corporation of the
     state for which he shall be chosen or within which his
     official functions are required to be exercised, shall apply
     to the appointment of an officer or employee of the parole
     commission of an municipality of the state if such person
     resides (a) in a county in which such political subdivision
     or municipal corporation is located; or (b) in a county
     within the state contiguous to the county in which such
     political subdivision or municipal corporation is located;
     or (c) in a county within the state contiguous to such
     political subdivision or municipal corporation; or (d) in a
     county within the state contiguous to a county described in
     item (c) hereof where the former is less than fifteen miles
     from such political subdivision or municipal corporation,
     measured from their respective nearest boundary lines.

2-b. Neither the provisions of this section, nor of any general,
     special or local law, charter, code, ordinance, resolution,
     rule or regulation, requiring a person to be a resident of
     the political subdivision of the state for which he shall be
     chosen, shall apply to the appointment of a person, as an
     emergency special deputy sheriff, by the sheriff of a county
     who has declared a state of special emergency pursuant to
     section two hundred nine-f of the general municipal law, if
     such person is at the time either a regular, part time or
     special deputy sheriff of another county.

3.   Nothing herein contained shall operate to prevent a person
     regularly admitted to practice as an attorney and counsellor
     in the courts of record of this state, whose office for the
     practice of law is within the state, from accepting or
     retaining an appointment as a notary public, as provided in
     section one hundred thirty of the executive law, although he
     resides in or removes to an adjoining state. For the
     purposes of accepting and retaining an appointment as a
     notary public such person shall be deemed a resident of the
     county where he maintains such office for the practice of
     law.

3-a. Nothing herein contained shall operate to prevent a person
     regularly admitted to practice as an attorney and counsellor
     in the courts of record of this state, whose office for the
     practice of law is within the city of New York, from
     accepting or retaining an appointment as a commissioner of
     deeds in and for the city of New York, as provided in
     section one hundred forty of the executive law, although he
     resides in or removes to another city in this state or to an
     adjoining state. For the purposes of accepting and retaining
     an appointment as a commissioner of deeds in and for the
     city of New York, such person shall be deemed a resident of
     the county where he maintains such office.

4.   Except as otherwise provided in subdivision nine of this
     section, persons heretofore or hereafter employed in the
     paid fire department of a city, town, village or fire
     district shall not be deemed to be holding a civil office or
     a local office within the meaning of this section and the
     provisions of this section shall not apply to such persons.
     The provisions of any general, special or local law, city or
     village charter, code or ordinance, or any rule or
     regulation requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he shall be chosen or within which his official
     functions are required to be exercised shall not apply to
     the appointment or continuance in office of any such person
     so employed, if such person resides in the county, or one of
     the counties, in which such political subdivision or
     municipal corporation is located.

5.   Volunteer firemen and volunteer fire officers of a fire
     department or any company or unit thereof shall not be
     deemed to be holding a civil office or a local office within
     the meaning of this section and the provisions of this
     section shall not apply to such volunteer firemen and
     volunteer fire officers. This subdivision shall not be
     deemed to amend, modify or supersede any other general,
     special or local law, city or village charter, code or
     ordinance, or any rule or regulation governing any such fire
     department, which prescribes the qualifications which a
     person must have to be a volunteer fireman or a volunteer
     fire officer of a political subdivision or municipal
     corporation.

6.   The provisions of this section requiring a person to be a
     resident of the political subdivision or municipal
     corporation of the state for which he shall be chosen or
     within which his official functions are required to be
     exercised, shall not apply to the appointment of trustees of
     a public village library, who reside outside the village in
     which such library is located.

7.   Nothing herein contained shall operate to prevent a person
     regularly admitted to practice as an attorney and counsellor
     in the courts of record of this state, whose office for the
     practice of law is within the state, from accepting or
     retaining an appointment as a commissioner of deeds in and
     for the city of New York, as provided in section one hundred
     forty of the executive law, although he resides in or
     removes to any other county in the state or an adjoining
     state. For the purposes of accepting and retaining an
     appointment as a commissioner of deeds such person shall be
     deemed a resident of the county where he maintains such
     office for the practice of law.

8.   The provisions of this section requiring a person to be a
     resident of the political subdivision or municipal
     corporation of the state for which he shall be chosen, or
     within which his official functions are required to be
     exercised, shall not apply in the case of any probation
     officers heretofore or hereafter appointed; nor shall they
     be applicable in the case of any other persons heretofore or
     hereafter appointed to non-judicial positions in the courts
     in this state, except those appointed to positions in courts
     for towns, villages and cities outside the city of New York.
     This subdivision shall not be deemed to amend, modify or
     supersede any other general, special or local law, charter,
     code or ordinance, or any rule or regulation which
     prescribes the qualifications which a person must have to be
     appointed to a position referred to herein.

9.   Neither the provisions of this section, nor of any general,
     special or local law, charter, code, ordinance, resolution,
     rule or regulation, requiring a person to be a resident of
     the political subdivision or municipal corporation of the
     state for which he shall be chosen or within which his
     official functions are required to be exercised, shall apply
     to the appointment of a paid member of the uniformed force
     of a paid fire department or to the appointment of any
     person employed in a department of correction in the
     correction service classification of the classified civil
     service, or to the appointment of officers and inspectors
     who are employees of a department of health of any city of
     over one million population who resides (a) in the county in
     which such city is located; or (b) in a county within the
     state contiguous to the county in which said city is
     located; or (c) in a county within the state contiguous to
     such city; or (d) in a county within the state which is not
     more than fifteen miles from said city.

10.  Neither the provisions of this section, nor of any general,
     special or local law, charter, code or ordinance,
     resolution, rule or regulation, requiring a person to be a
     resident of the political subdivision or municipal
     corporation of the state for which he shall be chosen or
     within which his official functions are required to be
     exercised, shall apply to the appointment of a member of a
     drug abuse prevention council of any municipality of the
     state if such person resides in a county in which such
     political subdivision or municipal corporation is located.

11.  In the city of Salamanca the provisions of this section
     requiring a person to be a resident of the political
     subdivision or municipal corporation of the state for which
     he shall be chosen or within which his official functions
     are required to be exercised, shall not prevent a person
     regularly admitted to practice as an attorney or counsellor
     in the courts of record of this state from holding the
     office of city attorney or city justice of the city of
     Salamanca, if such person resides in the county in which
     such city is located.

12.  The provisions of this section or of any other provision of
     law requiring a person to be a resident of the political
     subdivision or municipal corporation of the state for which
     he shall be chosen or within which his official functions
     are required to be exercised, shall not apply to the
     appointment of public officers in the city of Troy, except
     the city manager of such city, provided that such appointed
     officers are residents of the county of Rensselaer.

13.  In the city of Hudson the provisions of this section
     requiring a person to be a resident of the political
     subdivision or municipal corporation of the state for which
     he shall be chosen or within which his official functions
     are required to be exercised, shall not prevent a person
     from holding the office of city court judge of the city of
     Hudson, provided that such person resides in the county in
     which such city is located.

14.  In the town of Mount Pleasant, Westchester county, the
     provisions of this section requiring a person to be a
     resident of the political subdivision or municipal
     corporation of the state for which he shall be chosen or
     within which his official functions are required to be
     exercised, shall not prevent a person from holding the
     office of town engineer of the town of Mount Pleasant,
     provided that such person resides in the county in which
     such town is located or an adjoining county within the state
     of New York.

15.  In the town of North Castle, Westchester county, the
     provisions of this section requiring a person to be a
     resident of the political subdivision or municipal
     corporation of the state for which he shall be chosen or
     within which his official functions are required to be
     exercised, shall not prevent a person from holding the
     office of town engineer of the town of North Castle,
     provided that such person resides in the county in which
     such town is located or an adjoining county within the state
     of New York.

16.  In the town of New Castle, Westchester county, the
     provisions of this section requiring a person to be a
     resident of the political subdivision or municipal
     corporation of the state for which he shall be chosen or
     within which his official functions are required to be
     exercised, shall not prevent a person from holding the
     office of town superintendent of highways or town engineer
     of the town of New Castle, provided that such person resides
     in the county in which such town is located or an adjoining
     county within the state of New York or such town provides by
     resolution that such person need not be a resident of such
     town, but must be a resident of New York state.

17.  In the town of North Salem, Westchester county, the
     provisions of this section requiring a person to be a
     resident of the political subdivision or municipal
     corporation of the state for which he shall be chosen or
     within which his official functions are required to be
     exercised, shall not prevent a person from holding the
     office of town building inspector or deputy town building
     inspector of the town of North Salem, provided that such
     person resides in the county in which such town is located
     or an adjoining county within the state of New York.

18.  In the town of Mount Pleasant, Westchester county, the
     provisions of this section requiring a person to be a
     resident of the political subdivision or municipal
     corporation of the state for which he shall be chosen or
     within which his official functions are required to be
     exercised, shall not prevent a person from holding the
     office of comptroller or building inspector of the town of
     Mount Pleasant, provided that such person resides in the
     county in which such town is located or an adjoining county
     within the state of New York.

19.  Any person who resides in this state and who is currently
     employed as a member of the police force, a paid member of
     the uniformed force of a paid fire department or department
     of corrections in the correctional service classification of
     the classified civil service, of a city of over one million
     population, shall be exempt from the provisions of
     subdivisions one, two and nine of this section upon
     compliance with the procedure set forth in this subdivision.
     Any person seeking to benefit from the exemption created by
     this subdivision shall notify his respective employer in
     writing of said intention within thirty days from the
     effective date of this subdivision and shall specify his
     then current residence address. The exemption created by
     this subdivision shall be applicable only to said actual
     designated residence and not to any residence that any
     subject currently employed member may thereafter establish;
     provided, however, that any such currently employed member
     who resides outside this state shall have one year from the
     effective date of this subdivision within which to establish
     residence as required pursuant to subdivisions one, two and
     nine of this section and comply with the notice requirements
     of this subdivision. Said residence shall constitute a
     lawful residence for all purposes notwithstanding any
     provision to the contrary of any general, special or local
     law, charter, code, ordinance, resolution, rule or
     regulation.

*20. In the town of Carmel, Putnam county, the provisions of this
     section requiring a person to be a resident of the political
     subdivision or municipal corporation of the state for which
     he shall be chosen or within which his official functions
     are required to be exercised, shall not prevent a person
     from holding the office of town engineer of the town of
     Carmel or the office of wetlands inspector of the town of
     Carmel provided that such person resides in the county in
     which such town is located or an adjoining county within the
     state of New York.

* NB There are 4 sub 20's

*20. In the town of Bolivar, Allegany county, the provisions of
     this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he shall be chosen or within which his official
     functions are required to be exercised, shall not prevent a
     person from holding the office of town superintendent of
     highways of the town of Bolivar, provided that such person
     resides in the county in which such town is located.

* NB There are 4 sub 20's

*20. In the city of Ithaca, Tompkins county, the provisions of
     this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he shall be chosen or within which his official
     functions are required to be exercised, shall not prevent a
     person from holding the office of member of the board of
     fire commissioners of the city of Ithaca, provided that such
     person resides in the county in which such city is located
     and within the town of Ithaca.

* NB There are 4 sub 20's

*20. In the town of Mamaroneck, Westchester county, the
     provisions of this section requiring a person to be a
     resident of the political subdivision or municipal
     corporation of the state for which he shall be chosen or
     within which his official functions are required to be
     exercised, shall not prevent a person from holding the
     office of deputy town clerk of the town of Mamaroneck,
     provided that such person resides in the county in which
     such town is located or an adjoining county within the state
     of New York.

* NB There are 4 sub 20's

21.  In the town of Lewisboro, Westchester county, the provisions
     of this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he shall be chosen or within which his official
     functions are required to be exercised, shall not prevent a
     person from holding the office of town engineer of the town
     of Lewisboro provided that such person resides in the county
     in which such town is located or an adjoining county within
     the state of New York.

22.  In the town of Lewisboro, Westchester county, the provisions
     of this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he shall be chosen or within which his official
     functions are required to be exercised, shall not prevent a
     person from holding the office of town building inspector or
     deputy town building inspector of the town of Lewisboro
     provided that such person resides within the state of New
     York.

23.  In the town of Sweden, Monroe county, the provisions of this
     section requiring a person to be a resident of the political
     subdivision or municipal corporation of the state for which
     he shall be chosen or within which his official functions
     are required to be exercised, shall not prevent a person
     from holding the office of court clerk of the town of
     Sweden, provided that such person resides in the county in
     which such town is located or an adjoining county within the
     state of New York.

*24. In the town of Greenburgh, Westchester county, the
     provisions of this section requiring a person to be a
     resident of the political subdivision or municipal
     corporation of the state for which he shall be chosen or
     within which his official functions are required to be
     exercised shall not prevent a person from holding any
     appointed public office, provided that such person resides
     in the state of New York.

* NB There are 3 sb 24's

*24. In the town of Ogden, Monroe county, the provisions of this
     section requiring a person to be a resident of the political
     subdivision or municipal corporation of the state for which
     he shall be chosen or within which his official functions
     are required to be exercised, shall not prevent a person
     from holding the office of court clerk of the town of Ogden,
     provided that such person resides in the county in which
     such town is located or an adjoining county within the state
     of New York.

* NB There are 3 sb 24's

*24. In the towns of Aurora, Holland and Marilla, Erie county,
     the provisions of this section requiring a person to be a
     resident of the political subdivision or municipal
     corporation of the state for which he shall be chosen or
     within which his official functions are required to be
     exercised, shall not prevent a person from holding the
     office of court clerk to the justices of the towns of
     Aurora, Holland and Marilla provided that such person
     resides in the county in which such town is located or an
     adjoining county within the state of New York.

* NB There are 3 sb 24's

25.  In the town of Patterson, Putnam county, the provisions of
     this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he shall be chosen or within which his official
     functions are required to be exercised, shall not prevent a
     person from holding the office of wetlands inspector
     provided that such person resides in the county in which
     such town is located or an adjoining county within the state
     of New York.

26.  In the town of Ithaca, Tompkins county, the provisions of
     this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he shall be chosen or within which his official
     functions are required to be exercised, shall not prevent a
     person from holding the office of town engineer of the town
     of Ithaca provided that such person resides in the county in
     which such town is located or an adjoining county within the
     state of New York.

27.  In the town of Bedford, Westchester county, the provisions
     of this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he shall be chosen or within which his official
     functions are required to be exercised, shall not prevent a
     person from holding the office of court clerk, deputy court
     clerk or any position within the court clerk's office of the
     town of Bedford.

28.  In respect to public officers employed by Westchester
     county, the provisions of this section requiring a person to
     be a resident of the political subdivision or municipal
     corporation of the state for which he or she shall be chosen
     or within which his or her official functions are required
     to be exercised shall not prevent a person from holding any
     appointed public office, provided that such person resides
     in the state of New York.

29.  In the town of Somers, Westchester county, the provisions of
     this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he shall be chosen or within which his official
     functions are required to be exercised, shall not prevent a
     person from holding the office of town engineer of the town
     of Somers.

30.  In the town of Pound Ridge, Westchester county, the
     provisions of this section requiring a person to be a
     resident of the political subdivision or municipal
     corporation of the state for which he shall be chosen or
     within which his official functions are required to be
     exercised, shall not prevent a person from holding the
     office of town building inspector or town superintendent of
     highways and their deputies of the town of Pound Ridge
     provided that such persons reside in a town contiguous to
     the town of Pound Ridge and within the county of
     Westchester, state of New York.

31.  In the town of Victor, Ontario county, the provisions of
     this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he or she shall be chosen or within which his or
     her official functions are required to be exercised, shall
     not prevent a person from holding the office of court clerk
     of the town of Victor, provided that such person resides in
     an adjoining town in the county in which such town is
     located.

32.  In the village of Penn Yan, Yates county, the provisions of
     this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he shall be chosen or within which his official
     functions are required to be exercised, shall not prevent a
     person from holding the office of justice court clerk of the
     village of Penn Yan, provided that such person resides in
     the county in which such village is located or an adjoining
     county within the state of New York.

32.  In the town of North East, Dutchess county, the provisions
     of this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he shall be chosen or within which his official
     functions are required to be exercised, shall not prevent a
     person from holding the office of town engineer of the town
     of North East, provided that such person resides in the
     county in which such town is located or an adjoining county
     within the state of New York.

33.  In the Flint Creek Small Watershed Protection district in
     the counties of Ontario and Yates, the provisions of this
     section requiring a person to be a resident of the political
     subdivision or municipal corporation of the state for which
     he shall be chosen or within which his official functions
     are required to be exercised, shall not prevent a person
     from holding a district office, provided that such person
     owns real property within the district boundaries.

34.  In the town of Hamlin, county of Monroe, the provisions of
     this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he or she shall be chosen or within which his or
     her official functions are required to be exercised, shall
     not prevent a person from holding the office of court clerk
     of the town of Hamlin, provided that such person resides in
     the county in which such town is located or an adjoining
     county within the state of New York.

34.  In the village of Goshen, Orange county, the provisions of
     this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he shall be chosen or within which his official
     functions are required to be exercised, shall not prevent a
     person from holding the office of treasurer of the village
     of Goshen, provided that such person resides within the
     state of New York.

34.  In the town of Grove, Allegany county, the provisions of
     this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he or she shall be chosen or within which his or
     her official functions are required to be exercised, shall
     not prevent a person from holding the office of town justice
     of the town of Grove, provided that such person resides in
     the county in which such town is located. Provided, however,
     the person performing the functions of town justice in any
     other town shall be a resident of such town unless otherwise
     provided by an act of the state legislature.

35.  Nothing herein contained shall operate to prevent an
     otherwise qualified officer or agent of any society for the
     prevention of cruelty to children having its principal
     office located within a city with a population of one
     million or more from accepting or retaining appointment as a
     peace officer with such society when such officer or agent
     satisfies the provisions as to residence set forth in
     subdivision two of this section.

36.  In the village of Arkport, Steuben county, the provisions of
     this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which he shall be chosen or within which his official
     functions are required to be exercised, shall not prevent a
     person from holding the office of clerk/treasurer of the
     village of Arkport, provided that such person resides in the
     county in which such village is located or an adjoining
     county within the state of New York.

37.  In the town of Independence, Allegany county, the provisions
     of this section requiring a person to be a resident of the
     political subdivision or municipal corporation of the state
     for which such person shall be chosen or within which such
     person's official functions are required to be exercised,
     shall not prevent a person from holding the office of town
     justice of the town of Independence, provided that such
     person resides in the county in which such town is located.
     Provided, however, the person performing the functions of
     town justice in any other town shall be a resident of such
     town, unless otherwise provided by an act of the state
     legislature.

38.  In the county of Yates, the provisions of this section
     requiring a person to be a resident of the political
     subdivision or municipal corporation of the state for which
     he shall be chosen or within which his official functions
     are required to be exercised, shall not prevent a person
     from holding the office of assistant district attorney of
     the county of Yates, other than the first assistant district
     attorney, provided that such person resides in Yates county
     or an adjoining county within the state of New York.


Sec. 3-a. Restrictions upon holding public office or employment
          of persons removed from office for certain reasons.

Any public officer who, upon being called before a grand jury to
testify concerning the conduct of his office or the performance
of his official duties, refuses to sign a waiver of immunity
against subsequent criminal prosecution, or to answer any
relevant question concerning such matters before such grand jury
and who, by virtue thereof, has been removed from such public
office by the appropriate authority or who has forfeited such
office at the suit of the attorney general shall not be capable
of holding a civil office or public employment for a period of
five years from the date of the removal from or forfeit of such
public office.


Section 3-b.   Special peace officers to be citizens.

No sheriff of a county, mayor of a city, or official, or other
persons authorized by law to appoint special deputy sheriffs,
special constables, marshals, police officers, or peace officers
in this state, to preserve the public peace or quell public
disturbance, shall hereafter, at the instance of any agent,
society, association or corporation, or otherwise, appoint as
such special deputy, special constable, marshal, police officer,
or peace officer, any person who shall not be a citizen of the
United States and a resident of the state of New York, and
entitled to vote therein at the time of his appointment, and a
resident of the same county as the mayor or sheriff or other
official making such appointment; provided, however, that when,
in the judgment of a sheriff of a county except those counties
within the city of New York a situation exists which requires
temporary additional assistance, such sheriff may appoint special
deputy sheriffs who are non-residents of the county but residents
of the state of New York who shall hold office until such time as
the appointing sheriff determines that the situation no longer
exists; and no person shall assume or exercise the functions,
powers, duties or privileges incident and belonging to the office
of special deputy sheriff, special constables, marshal, police
officer, or peace officer, without having first received his
appointment in writing from the authority lawfully appointing
him. Nothing herein contained, however, shall apply to the
appointment of a non-resident, as an emergency special deputy
sheriff, by the sheriff of any county to act when such sheriff
has declared a state of special emergency pursuant to the
provisions of section two hundred nine-f of the general municipal
law. Any person otherwise qualified who resides in either the
county of Nassau or the county of Suffolk may at the instance of
a society for the prevention of cruelty to animals be appointed
as a peace officer by the appropriate appointing official of
either of such counties notwithstanding that such appointee does
not reside in the same county as the appointing official.

A violation of the provisions of this section is a misdemeanor.


Sec. 4.   Commencement of term of office.

1.   The term of office of an elective officer, unless elected to
     fill a vacancy then existing, shall commence on the first
     day of January next after his election, if the commencement
     thereof be not otherwise fixed by law.

2.   All terms of city officers, including supervisors, elected
     in any city or part of a city, and of county officers in the
     city of New York, shall expire at the end of an odd-numbered
     year. Such officers shall be elected, except to fill a
     vacancy, at the general election in odd-numbered years. This
     subdivision shall not apply to any judicial officer.


Sec. 5.   Holding over after expiration of term.

Every officer except a judicial officer, a notary public, a
commissioner of deeds and an officer whose term is fixed by the
constitution, having duly entered on the duties of his office,
shall, unless the office shall terminate or be abolished, hold
over and continue to discharge the duties of his office, after
the expiration of the term for which he shall have been chosen,
until his successor shall be chosen and qualified; but after the
expiration of such term, the office shall be deemed vacant for
the purpose of choosing his successor. An officer so holding over
for one or more entire terms, shall, for the purpose of choosing
his successor, be regarded as having been newly chosen for such
terms. An appointment for a term shortened by reason of a
predecessor holding over, shall be for the residue of the term
only.


Sec. 6.   Mode of choosing state officers if not otherwise
          provided.

If the law shall not otherwise provide the mode of choosing a
state officer, he shall be appointed by the governor by and with
the advice and consent of the senate.


Sec. 7.   Appointment by the governor and senate.

An appointment to an office by the governor by and with the
advice and consent of the senate, shall be made by communicating
to the senate, while in session, a written nomination of a person
for the office, designating the residence of the nominee, and if
nominated to be an officer of a political subdivision of the
state, designating also such subdivision, and if nominating two
or more persons to the same office for different terms,
designating the term for which each is nominated. If such
nomination be of a successor to a predecessor in the same office,
it may be made and acted upon by the senate after the expiration
of the term or occurrence of a vacancy in the office of such
predecessor, or at any time during the legislative session of the
calendar year in which the term of office of such predecessor
shall expire or in which the office shall become vacant. If the
appointment be made before the expiration of the term of such
predecessor, the term of office of the appointee shall commence
upon the expiration of the term of such predecessor, or if made
to fill a vacancy, upon the occurrence of such vacancy, or
immediately if a vacancy already exist. If the senate shall
reject such nomination, the secretary of the senate shall
forthwith communicate, by writing, signed by him and by the
president of the senate, to the governor the fact of such
rejection. If the senate shall confirm such nomination the
appointment shall be deemed complete, and thereupon duplicate
certificates of the confirmation shall be made and signed by the
president and secretary of the senate, who shall cause one to be
delivered to the governor and the other to the secretary of
state, who shall record the same in his office in a book kept for
that purpose.


Sec. 8.   Commissions of officers.

The commission of every officer appointed by the governor, or by
the governor by and with the consent of the senate, shall be
signed by the governor and attested under the seal of this state,
by the secretary of state, who shall make and record in his
office a copy of such commission, and deliver the original to the
officer appointed, by a messenger, if the governor shall so
direct, and otherwise, by mail, or as the secretary of state
shall deem proper. Commissions of notaries public shall be signed
by the secretary of state, or by a person or persons in the
department of state designated by the secretary of state, and
shall be sent to the county clerk of the county in which such
notaries public respectively reside. Commissions of commissioners
of deeds in other states, territories and foreign countries,
shall be signed by the secretary of state, or by a person or
persons in the department of state designated by secretary of
state. Every other appointment of an officer, made by one or more
state officers, shall be in writing, and signed by the officer or
officers, or by a majority of the officers, or by the presiding
officer of the board or body making the appointment. Every such
written appointment shall be deemed the commission of the officer
appointed, and if of a state officer, a duplicate or a certified
copy thereof shall be recorded in the office of the department of
state; if of a local officer it shall be sent to the clerk of the
county in which the officer appointed shall then reside, who
shall file the same in his office, and notify the officer
appointed of his appointment.


Sec. 9.   Deputies, their appointment, number and duties.

Every deputy, assistant, or other subordinate officer, whose
appointment or election is not otherwise provided for, shall be
appointed by his principal officer, board or other body, and the
number thereof, if not otherwise prescribed by law, shall be
limited in the discretion of the appointing power. If there is
but one deputy, he shall, unless otherwise prescribed by law,
possess the powers and perform the duties of his principal during
the absence or inability to act of his principal, or during a
vacancy in his principal's office. If there be two or more
deputies of the same officer, such officer may designate, in
writing, the order in which the deputies shall act, in case of
his absence from the office or his inability to act, or in case
of a vacancy in the office, and if he shall fail to make such
designation, the deputy longest in office present shall so act.
If two or more deputies present shall have held the office for
the same period, the senior deputy in age shall so act. Such
written designation by a state officer shall be filed in the
office of the secretary of state; and by any other officer, in
the office of the clerk of the county in which the principal has
his office. If a vacancy in a public office shall be caused by
the death of the incumbent, the deputies shall, unless otherwise
provided by law, continue to hold office until the vacancy shall
have been filled in accordance with law.


Sec. 10.  Official oaths.

Every officer shall take and file the oath of office required by
law, and every judicial officer of the unified court system, in
addition, shall file a copy of said oath in the office of court
administration, before he shall be entitled to enter upon the
discharge of any of his official duties. An oath of office may be
administered by a judge of the court of appeals, the attorney
general, or by any officer authorized to take, within the state,
the acknowledgment of the execution of a deed of real property,
or by an officer in whose office the oath is required to be filed
or by his duly designated assistant, or may be administered to
any member of a body of officers, by a presiding officer or
clerk, thereof, who shall have taken an oath of office. An oath
of office may be administered to any state or local officer who
is a member of the armed forces of the United States by any
commissioned officer, in active service, of the armed forces of
the United States. In addition to the requirements of any other
law, the certificate of the officer in the armed forces
administering the oath of office under this section shall state
(a) the rank of the officer administering the oath, and (b) that
the person taking the oath was at the time, enlisted, inducted,
ordered or commissioned in or serving with, attached to or
accompanying the armed forces of the United States. The fact that
the officer administering the oath was at the time duly
commissioned and in active service with the armed forces, shall
be certified by the secretary of the army, secretary of the air
force or by the secretary of the navy, as the case may be, of the
United States, or by a person designated by him to make such
certifications, but the place where such oath was administered
need not be disclosed. The oath of office of a notary public or
commissioner of deeds shall be filed in the office of the clerk
of the county in which he shall reside. The oath of office of
every state officer shall be filed in the office of the secretary
of state; of every officer of a municipal corporation, including
a school district, with the clerk thereof; and of every other
officer, including the trustees and officers of a public library
and the officers of boards of cooperative educational services,
in the office of the clerk of the county in which he shall
reside, if no place be otherwise provided by law for the filing
thereof.


Sec. 11.  Official undertakings.

1.   Every official undertaking, when required by or in pursuance
     of law to be hereafter executed or filed by any officer,
     shall be to the effect that he will faithfully discharge the
     duties of his office and promptly account for and pay over
     all moneys or property received by him as such officer, in
     accordance with law, or in default thereof, that the parties
     executing such undertaking will pay all damages, costs and
     expenses resulting from such default, not exceeding a sum,
     if any, specified in such undertaking. The undertaking of a
     state officer or clerk or employee shall be approved by the
     attorney-general as to its form and manner of execution and
     by the comptroller as to the sufficiency of the sureties and
     be filed in the comptroller's office. The undertaking of a
     municipal officer shall, if not otherwise provided by law,
     be approved as to its form and the sufficiency of the
     sureties by the chief executive officer or by the governing
     body of the municipality and be filed with the clerk
     thereof. The approval by such governing body may be a
     resolution, a certified copy of which shall be attached to
     the undertaking. The undertaking of such county officer
     shall, if not otherwise provided by law, be approved as to
     its form and the sufficiency of the sureties by the clerk of
     the county, and filed in his office, except that a duplicate
     undertaking of a county clerk and county treasurer shall be
     filed in the office of the state comptroller. The
     undertaking of a town officer shall, if not otherwise
     provided by law, be approved as to its form and the
     sufficiency of the sureties by the clerk of the county and
     filed in his office. The sum specified in an official
     undertaking shall be the sum for which such undertaking
     shall be required by or in pursuance of law is given. If no
     sum, or a different sum from that required by or in
     pursuance of law, be specified in the undertaking, it shall
     be deemed to be an undertaking for the amount so required.
     If no sum be required by or in pursuance of law to be so
     specified, the officer or board authorized to approve the
     undertaking shall fix the sum to be specified therein. Every
     official undertaking shall be executed and duly acknowledged
     by at least two sureties, each of whom shall add thereto his
     affidavit that he is a freeholder or householder within the
     state, stating his occupation and residence and the street
     number of his residence and place of business if in a city,
     and a sum which he is worth over and above his just debts
     and liabilities and property exempt from execution. The
     aggregate of the sums so stated in such affidavits must be
     at least double the amount specified in the undertaking. If
     the surety on an official undertaking of a state or local
     officer, clerk or employee of the state or political
     subdivision thereof or of a municipal corporation be a
     fidelity or surety corporation, the reasonable expense of
     procuring such surety, not exceeding one percentum per annum
     upon the sum for which such undertaking shall be required by
     or in pursuance of law to be given, shall be a charge
     against the state or political subdivision or municipal
     corporation respectively in and for which he is elected or
     appointed, except that the expense of procuring such surety
     as aforesaid, on an official undertaking of any officer,
     clerk or employee in any city department of the city of New
     York, or of any office, board or body of said city, or of a
     borough or county within said city, including officers,
     clerks and employees of every court within said city, shall
     not be a charge upon said city or upon any of the counties
     contained within said city, unless the comptroller of the
     said city, shall first have approved the necessity of
     requiring such official undertaking to be given, and shall
     have approved of or fixed the amount of any such official
     undertaking; but this exception shall not apply to an
     official undertaking specifically required by statute to be
     given, and the amount of which is specifically fixed by
     statute. The failure to execute an official undertaking in
     the form or by the number of sureties required by or in
     pursuance of law, or of a surety thereto to make an
     affidavit required by or in pursuance of law, or in the form
     so required, or the omission from such an undertaking of the
     approval required by or in pursuance of law, shall not
     affect the liability of the sureties therein.

2.   Notwithstanding the foregoing provisions of this section or
     any other law, general, special or local, requiring an
     official undertaking to be conditioned substantially to the
     effect that an officer, clerk or employee will faithfully
     discharge his duties and promptly account for and pay over
     all moneys or property received by him in his official
     capacity, it shall be permissible in lieu thereof, with the
     consent and approval of the officer or governing body
     authorized to require the undertaking, for any department or
     agency of the state or any municipal corporation or district
     corporation or department or agency thereof to procure a
     blanket undertaking from any duly authorized corporate
     surety covering officers, clerks and employees. Any such
     blanket undertaking entered into on or after January first,
     nineteen hundred seventy-eight shall indemnify against
     losses:

     (a)  through the failure of the officers, clerks and
          employees covered thereunder faithfully to perform
          their duties or to account properly for all moneys or
          property received by virtue of their positions or
          employment, and

     (b)  through fraudulent or dishonest acts committed by the
          officers, clerks and employees covered thereunder.

     Notwithstanding any provisions of the civil practice law and
     rules any such blanket undertaking entered into prior to
     January first, nineteen hundred eighty-three may contain a
     provision that no suit, action or proceeding of any kind to
     recover on account of loss under such blanket undertaking
     shall be brought after the expiration of three years from
     the cancellation of such blanket undertaking as an entirety.
     Any such blanket undertaking shall be approved as to its
     form, manner of execution and sufficiency of the surety and
     filed and the expense of procuring such surety paid in the
     same manner as provided in subdivision one of this section.
     The failure to execute such blanket undertaking in the form
     required by law, or the omission of the approval required by
     law, shall not affect the liability of the surety thereon.

3.   Nothing herein contained shall be construed to prevent the
     procuring of a blanket undertaking to cover the liability of
     employees handling funds collected pursuant to the
     provisions of section fifty of the vehicle and traffic law.

4.   Notwithstanding the provisions of this section or any other
     law, general or special, requiring an official undertaking
     or bond to be conditioned substantially to the effect that a
     state officer, clerk or employee will faithfully discharge
     his duties and promptly account for and pay over all moneys
     or property received by him in his official capacity, the
     comptroller may, in his discretion, waive the requirement of
     procuring such official undertaking or bond, and the expense
     of procuring an official undertaking or bond shall not be a
     charge upon the state unless the comptroller shall first
     have approved the necessity of requiring such official
     undertaking or bond.


Sec. 12.  Force and effect of official undertaking.

An officer of whom an official undertaking is required, shall not
receive any money or property as such officer, or do any act
affecting the disposition of any money or property which such
officer is entitled to receive or have the custody of, before he
shall have filed such undertaking; and any person having the
custody or control of any such money or property shall not
deliver the same to any officer of whom an undertaking is
required until such undertaking shall have been given. If a
public officer required to give an official undertaking, enters
upon the discharge of any of his official duties before giving
such undertaking, the sureties upon his undertaking subsequently
given for or during his official term shall be liable for all his
acts and defaults done or suffered and for all moneys and
property received during such term prior to the execution of such
undertaking, or if a new undertaking is given, from the time
notice to give such new undertaking is served upon him. Every
official undertaking shall be obligatory and in force so long as
the officer shall continue to act as such and until his successor
shall be appointed and duly qualified, and until the conditions
of the undertaking shall have been fully performed. When an
official undertaking is renewed pursuant to law the sureties upon
the former undertaking shall not be liable for any official act
done or moneys received after the due execution, approval and
filing of the new undertaking.


Sec. 13.  Notice of neglect to file oath or undertaking.

The officer or body making the appointment or certificate of
election of a public officer shall, if the officer be required to
give an official undertaking to be filed in an office other than
that in which the written appointment or certificate of election
is to be filed, forthwith give written notice of such appointment
or election to the officer in whose office the undertaking is to
be filed. If any officer shall neglect, within the time required
by law, to take and file an official oath, or execute and file an
official undertaking, the officer, with whom or in whose office
such oath or undertaking is required to be filed, shall forthwith
give notice of such neglect, if of an appointive officer, to the
authority appointing such officer; if of an elective officer, to
the officer, board or body authorized to fill a vacancy in such
office, if any, or if none and a vacancy in the office may be
filled by a special election, to the officer, board or body
authorized to call or give notice of a special election to fill
such vacancy; except that the notice of failure of a justice of
the peace to file his official oath, shall be given to the town
clerk of the town for which the justice was elected.


Sec. 14.  Effect of consolidation on terms of office.

If an office be continued by the consolidated laws constituting
the consolidation of which this chapter is a part, the person
lawfully holding such office at the time of the taking effect of
such consolidated laws shall, subject to the provisions of such
consolidated laws, continue therein for the term for which he was
chosen, or if holding over after the expiration of his term,
until his successor shall be chosen and shall have qualified.


Sec. 15.  Validation of official acts performed before filing
          official oath or undertaking.

If a public officer, duly chosen, has heretofore entered, or
shall hereafter enter on the performance of the duties of his
office, without taking or filing an official oath, or executing
or filing an official undertaking, as required by the
constitution, or by any general or special law, his acts as such
officer, so performed, shall be as valid and of as full force and
effect as if such oath had been duly taken and filed, and as if
such undertaking had been duly executed and filed,
notwithstanding the provisions of any general or special law
declaring any such office vacant, or authorizing it to be
declared vacant, or to be filled as in case of vacancy, or
imposing any other forfeiture or penalty for omission to take or
file any such oath, or to execute or file any such undertaking;
but this section shall not otherwise affect any provision of any
general or special law, declaring any such office vacant, or
authorizing it to be declared vacant, or to be filled as in case
of vacancy, or imposing any other forfeiture or penalty, by
reason of the failure to take or file any such oath or to execute
or file any such undertaking; and this section shall not relieve
any such officer from criminal liability for entering on the
discharge of his official duties without taking or filing such
oath or executing or filing such undertaking.


Sec. 16.  Qualifications of certain judicial officers in cities
          of the first class.

A person shall be eligible for appointment to the office of
magistrate, judge or justice of an inferior court of criminal
jurisdiction in a city of the first class, who shall at the time
of such appointment be of full age, a citizen of the United
States, a resident of the city, an attorney and counsellor-at-law
admitted to practice for the period prescribed by special law, or
in lieu thereof shall have been a member of the legislature of
the state for at least twelve consecutive years, notwithstanding
the provisions of any general or special law inconsistent
herewith.


Sec. 17.  Defense and indemnification of state officers and
          employees.

1.   (a)  As used in this section, unless the context
          otherwise requires the term "employee" shall mean any
          person holding a position by election, appointment or
          employment in the service of the state, including
          clinical practice pursuant to subdivision fourteen of
          section two hundred six of the public health law,
          whether or not compensated, or a volunteer expressly
          authorized to participate in a state-sponsored
          volunteer program, but shall not include an independent
          contractor. The term employee shall include a former
          employee, his estate or judicially appointed personal
          representative and persons who assist the education
          department or the department of health as consultants
          or expert witnesses in the investigation or prosecution
          of alleged professional misconduct, licensure matters,
          restoration proceedings, or criminal prosecutions for
          unauthorized practice pursuant to title eight of the
          education law or title II-A of the public health law.

     (b)  For the purposes of this section, the term "employee"
          shall include members, officers and other persons in
          the employment of the New York state energy research
          and development authority, members of the board of
          directors, officers and other persons in the employment
          of the New York state science and technology
          foundation, and members of the board of directors,
          officers and other persons in the employment of the New
          York state olympic accommodations control corporation
          or serving on its board of directors on or before June
          thirtieth, nineteen hundred eighty.

     (c)  For the purposes of this section, the term "employee"
          shall include members of the state patient
          qualification review board appointed by the
          commissioner of health pursuant to article thirty-three-
          A of the public health law.

     (d)  For the purposes of this section, the term "employee"
          shall include directors, officers and employees of the
          facilities development corporation.

     (e)  For the purposes of this section, the term "employee"
          shall include directors, officers and employees of the
          environmental facilities corporation for corporate
          projects involving (i) hazardous waste, (ii) industrial
          solid waste activities as defined in section twelve
          hundred eighty-five-g of the public authorities law,
          and (iii) all other activities not covered by
          professional liability insurance.

     (f)  For the purposes of this section, the term "employee"
          shall include ombudsmen designated under section five
          hundred forty-four and section five hundred forty-five
          of the executive law, and shall include such ombudsmen
          without regard to whether they are volunteers or paid
          staff of the office for the aging or of designated
          substate ombudsman programs under the direction of the
          office.

     (g)  For the purposes of this section, the term "employee"
          shall include the members of the board, officers and
          employees of the greenway heritage conservancy for the
          Hudson river valley or the greenway council.

     (h)  For the purposes of this section, the term "employee"
          shall include members of the board, officers and
          employees of the New York local government assistance
          corporation.

     (i)* For purposes of this section, the term "employee" shall
          include the officers and employees of the Central Pine
          Barrens joint planning and policy commission.

* NB Expires 95/03/13

2.   (a)  Upon compliance by the employee with the
          provisions of subdivision four of this section, the
          state shall provide for the defense of the employee in
          any civil action or proceeding in any state or federal
          court arising out of any alleged act or omission which
          occurred or is alleged in the complaint to have
          occurred while the employee was acting within the scope
          of his public employment or duties; or which is brought
          to enforce a provision of section nineteen hundred
          eighty-one or nineteen hundred eighty-three of title
          forty-two of the United States code and the act or
          omission underlying the action occurred or is alleged
          in the complaint to have occurred while the employee
          was acting within the scope of his public employment or
          duties. This duty to provide for a defense shall not
          arise where such civil action or proceeding is brought
          by or on behalf of the state.

     (b)  Subject to the conditions set forth in paragraph (a) of
          this subdivision, the employee shall be entitled to be
          represented by the attorney general, provided, however,
          that the employee shall be entitled to representation
          by private counsel of his choice in any civil judicial
          proceeding whenever the attorney general determines
          based upon his investigation and review of the facts
          and circumstances of the case that representation by
          the attorney general would be inappropriate, or
          whenever a court of competent jurisdiction, upon
          appropriate motion or by a special proceeding,
          determines that a conflict of interest exists and that
          the employee is entitled to be represented by private
          counsel of his choice. The attorney general shall
          notify the employee in writing of such determination
          that the employee is entitled to be represented by
          private counsel. The attorney general may require, as a
          condition to payment of the fees and expenses of such
          representation, that appropriate groups of such
          employees be represented by the same counsel. If the
          employee or group of employees is entitled to
          representation by private counsel under the provisions
          of this section, the attorney general shall so certify
          to the comptroller. Reasonable attorneys' fees and
          litigation expenses shall be paid by the state to such
          private counsel from time to time during the pendency
          of the civil action or proceeding subject to
          certification that the employee is entitled to
          representation under the terms and conditions of this
          section by the head of the department, commission,
          division, office or agency in which such employee is
          employed and upon the audit and warrant of the
          comptroller. Any dispute with respect to representation
          of multiple employees by a single counsel or the amount
          of litigation expenses or the reasonableness of
          attorneys' fees shall be resolved by the court upon
          motion or by way of a special proceeding.

     (c)  Where the employee delivers process and a request for a
          defense to the attorney general as required by
          subdivision four of this section, the attorney general
          shall take the necessary steps including the retention
          of private counsel under the terms and conditions
          provided in paragraph (b) of subdivision two of this
          section on behalf of the employee to avoid entry of a
          default judgment pending resolution of any question
          pertaining to the obligation to provide for a defense.

3.   (a)  The state shall indemnify and save harmless its
          employees in the amount of any judgment obtained
          against such employees in any state or federal court,
          or in the amount of any settlement of a claim, or shall
          pay such judgment or settlement; provided, that the act
          or omission from which such judgment or settlement
          arose occurred while the employee was acting within the
          scope of his public employment or duties; the duty to
          indemnify and save harmless or pay prescribed by this
          subdivision shall not arise where the injury or damage
          resulted from intentional wrongdoing on the part of the
          employee.

     (b)  An employee represented by the attorney general or by
          private counsel pursuant to this section shall cause to
          be submitted to the head of the department, commission,
          division, office or agency in which he is employed any
          proposed settlement which may be subject to
          indemnification or payment by the state and if not
          inconsistent with the provisions of this section such
          head of the department, commission, division, office or
          agency in which he is employed shall certify such
          settlement, and submit such settlement and
          certification to the attorney general. The attorney
          general shall review such proposed settlement as to
          form and amount, and shall give his approval if in his
          judgment the settlement is in the best interest of the
          state. Nothing in this subdivision shall be construed
          to authorize the state to indemnify and save harmless
          or pay an employee with respect to a settlement not so
          reviewed and approved by the attorney general.

     (c)  Nothing in this subdivision shall authorize the state
          to indemnify or save harmless an employee with respect
          to fines or penalties, or money recovered from an
          employee pursuant to article seven-a of the state
          finance law; provided, however, that the state shall
          indemnify and save harmless its employees in the amount
          of any costs, attorneys' fees, damages, fines or
          penalties which may be imposed by reason of an
          adjudication that an employee, acting within the scope
          of his public employment or duties, has, without
          willfulness or intent on his part, violated a prior
          order, judgment, consent decree or stipulation of
          settlement entered in any court of this state or of the
          United States. The attorney general shall promulgate
          such rules and regulations as are necessary to
          effectuate the purposes of this subdivision.

     (d)  Upon entry of a final judgment against the employee, or
          upon the settlement of the claim, the employee shall
          cause to be served a copy of such judgment or
          settlement, personally or by certified or registered
          mail within thirty days of the date of entry or
          settlement, upon the head of the department,
          commission, division, office or agency in which he is
          employed; and if not inconsistent with the provisions
          of this section, such judgment or settlement shall be
          certified for payment by such head of the department,
          commission, division, office or agency. If the attorney
          general concurs in such certification, the judgment or
          settlement shall be paid upon the audit and warrant of
          the comptroller. On or before January fifteenth the
          comptroller, in consultation with the department of law
          and other agencies as may be appropriate, shall submit
          to the governor and the legislature an annual
          accounting of judgments, settlements, fees, and
          litigation expenses paid pursuant to this section
          during the preceding and current fiscal years. Such
          accounting shall include, but not be limited to the
          number, type and amount of claims so paid, as well as
          an estimate of claims to be paid during the remainder
          of the current fiscal year and during the following
          fiscal year.

4.   The duty to defend or indemnify and save harmless prescribed
     by this section shall be conditioned upon (i) delivery to
     the attorney general or an assistant attorney general at an
     office of the department of law in the state by the employee
     of the original or a copy of any summons, complaint,
     process, notice, demand or pleading within five days after
     he is served with such document, and (ii) the full
     cooperation of the employee in the defense of such action or
     proceeding and in defense of any action or proceeding
     against the state based upon the same act or omission, and
     in the prosecution of any appeal. Such delivery shall be
     deemed a request by the employee that the state provide for
     his defense pursuant to this section.

5.   The benefits of this section shall inure only to employees
     as defined herein and shall not enlarge or diminish the
     rights of any other party nor shall any provision of this
     section be construed to affect, alter or repeal any
     provision of the workers' compensation law.

6.   This section shall not in any way affect the obligation of
     any claimant to give notice to the state under section ten
     of the court of claims act or any other provision of law.

7.   The provisions of this section shall not be construed to
     impair, alter, limit or modify the rights and obligations of
     any insurer under any policy of insurance.

8.   The provisions of this section shall apply to all actions
     and proceedings pending upon the effective date thereof or
     thereafter instituted.

9.   Except as otherwise specifically provided in this section,
     the provisions of this section shall not be construed in any
     way to impair, alter, limit, modify, abrogate or restrict
     any immunity available to or conferred upon any unit,
     entity, officer or employee of the state or any other level
     of government, or any right to defense and/or
     indemnification provided for any governmental officer or
     employee by, in accordance with, or by reason of, any other
     provision of state or federal statutory or common law.

10.  If any provision of this section or the application thereof
     to any person or circumstance be held unconstitutional or
     invalid in whole or in part by any court of competent
     jurisdiction, such holding of unconstitutionality or
     invalidity shall in no way affect or impair any other
     provision of this section or the application of any such
     provision to any other person or circumstance.

11.  The provisions of this section shall not apply to physicians
     who are subject to the provisions of the plan for the
     management of clinical practice income as set forth in the
     policies of the board of trustees, title 8, New York codes
     rules and regulations, regarding any civil action or
     proceeding alleging some professional malpractice in any
     state or federal court arising out of the physician's
     involvement in clinical practice as defined in that plan.


Sec. 18.  Defense and indemnification of officers and employees
          of public entities.

1.   As used in this section, unless the context otherwise
     requires:

     (a)  The term "public entity" shall mean (i) a county, city,
          town, village or any other political subdivision or
          civil division of the state, (ii) a school district,
          board of cooperative educational services, or any other
          governmental entity or combination or association of
          governmental entities operating a public school,
          college, community college or university, (iii) a
          public improvement or special district, (iv) a public
          authority, commission, agency or public benefit
          corporation, or (v) any other separate corporate
          instrumentality or unit of government; but shall not
          include the state of New York or any other public
          entity the officers and employees of which are covered
          by section seventeen of this chapter or by defense and
          indemnification provisions of any other state statute
          taking effect after January first, nineteen hundred
          seventy-nine.

     (b)  The term "employee" shall mean any commissioner, member
          of a public board or commission, trustee, director,
          officer, employee, volunteer expressly authorized to
          participate in a publicly sponsored volunteer program,
          or any other person holding a position by election,
          appointment or employment in the service of a public
          entity, whether or not compensated, but shall not
          include the sheriff of any county or an independent
          contractor. The term "employee" shall include a former
          employee, his estate or judicially appointed personal
          representative.

     (c)  The term "governing body" shall mean the board or body
          in which the general legislative, governmental or
          public powers of the public entity are vested and by
          authority of which the business of the public entity is
          conducted.

2.   The provisions of this section shall apply to any public
     entity:

     (a)  whose governing body has agreed by the adoption of
          local law, by-law, resolution, rule or regulation (i)
          to confer the benefits of this section upon its
          employees, and (ii) to be held liable for the costs
          incurred under these provisions; or

     (b)  where the governing body of a municipality, for whose
          benefit the public entity has been established, has
          agreed by the adoption of local law or resolution (i)
          to confer the benefits of this section upon the
          employees of such public entity, and (ii) to be held
          liable for the costs incurred under these provisions.

3.   (a)  Upon compliance by the employee with the
          provisions of subdivision five of this section, the
          public entity shall provide for the defense of the
          employee in any civil action or proceeding, state or
          federal, arising out of any alleged act or omission
          which occurred or allegedly occurred while the employee
          was acting within the scope of his public employment or
          duties. This duty to provide for a defense shall not
          arise where such civil action or proceeding is brought
          by or at the behest of the public entity employing such
          employee.

     (b)  Subject to the conditions set forth in paragraph (a) of
          this subdivision, the employee shall be entitled to be
          represented by private counsel of his choice in any
          civil action or proceeding whenever the chief legal
          officer of the public entity or other counsel
          designated by the public entity determines that a
          conflict of interest exists, or whenever a court, upon
          appropriate motion or otherwise by a special
          proceeding, determines that a conflict of interest
          exists and that the employee is entitled to be
          represented by counsel of his choice, provided,
          however, that the chief legal officer or other counsel
          designated by the public entity may require, as a
          condition to payment of the fees and expenses of such
          representation, that appropriate groups of such
          employees be represented by the same counsel.
          Reasonable attorneys' fees and litigation expenses
          shall be paid by the public entity to such private
          counsel from time to time during the pendency of the
          civil action or proceeding with the approval of the
          governing body of the public entity.

     (c)  Any dispute with respect to representation of multiple
          employees by a single counsel or the amount of
          litigation expenses or the reasonableness of attorneys'
          fees shall be resolved by the court upon motion or by
          way of a special proceeding.

     (d)  Where the employee delivers process and a written
          request for a defense to the public entity under
          subdivision five of this section, the public entity
          shall take the necessary steps on behalf of the
          employee to avoid entry of a default judgment pending
          resolution of any question pertaining to the obligation
          to provide for a defense.

4.   (a)  The public entity shall indemnify and save
          harmless its employees in the amount of any judgment
          obtained against such employees in a state or federal
          court, or in the amount of any settlement of a claim,
          provided that the act or omission from which such
          judgment or claim arose occurred while the employee was
          acting within the scope of his public employment or
          duties; provided further that in the case of a
          settlement the duty to indemnify and save harmless
          shall be conditioned upon the approval of the amount of
          settlement by the governing body of the public entity.

     (b)  Except as otherwise provided by law, the duty to
          indemnify and save harmless prescribed by this
          subdivision shall not arise where the injury or damage
          resulted from intentional wrongdoing or recklessness on
          the part of the employee.

     (c)  Nothing in this subdivision shall authorize a public
          entity to indemnify or save harmless an employee with
          respect to punitive or exemplary damages, fines or
          penalties, or money recovered from an employee pursuant
          to section fifty-one of the general municipal law;
          provided, however, that the public entity shall
          indemnify and save harmless its employees in the amount
          of any costs, attorneys' fees, damages, fines or
          penalties which may be imposed by reason of an
          adjudication that an employee, acting within the scope
          of his public employment or duties, has, without
          willfulness or intent on his part, violated a prior
          order, judgment, consent decree or stipulation of
          settlement entered in any court of this state or of the
          United States.

     (d)  Upon entry of a final judgment against the employee, or
          upon the settlement of the claim, the employee shall
          serve a copy of such judgment or settlement, personally
          or by certified or registered mail within thirty days
          of the date of entry or settlement, upon the chief
          administrative officer of the public entity; and if not
          inconsistent with the provisions of this section, the
          amount of such judgment or settlement shall be paid by
          the public entity.

5.   The duty to defend or indemnify and save harmless prescribed
     by this section shall be conditioned upon: (i) delivery by
     the employee to the chief legal officer of the public entity
     or to its chief administrative officer of a written request
     to provide for his defense together with the original or a
     copy of any summons, complaint, process, notice, demand or
     pleading within ten days after he is served with such
     document, and (ii) the full cooperation of the employee in
     the defense of such action or proceeding and in defense of
     any action or proceeding against the public entity based
     upon the same act or omission, and in the prosecution of any
     appeal.

6.   The benefits of this section shall inure only to employees
     as defined herein and shall not enlarge or diminish the
     rights of any other party nor shall any provision of this
     section be construed to affect, alter or repeal any
     provision of the workers' compensation law.

7.   This section shall not in any way affect the obligation of
     any claimant to give notice to the public entity under
     section ten of the court of claims act, section fifty-e of
     the general municipal law, or any other provision of law.

8.   Any public entity is hereby authorized and empowered to
     purchase insurance from any insurance company created by or
     under the laws of this state, or authorized by law to
     transact business in this state, against any liability
     imposed by the provisions of this section, or to act as a
     self-insurer with respect thereto.

9.   All payments made under the terms of this section, whether
     for insurance or otherwise, shall be deemed to be for a
     public purpose and shall be audited and paid in the same
     manner as other public charges.

10.  The provisions of this section shall not be construed to
     impair, alter, limit or modify the rights and obligations of
     any insurer under any policy of insurance.

11.  Except as otherwise specifically provided in this section,
     the provisions of this section shall not be construed in any
     way to impair, alter, limit, modify, abrogate or restrict
     any immunity to liability available to or conferred upon any
     unit, entity, officer or employee of any public entity by,
     in accordance with, or by reason of, any other provision of
     state or federal statutory or common law.

12.  Except as otherwise provided in this section, benefits
     accorded to employees under this section shall be in lieu of
     and take the place of defense or indemnification protections
     accorded the same employees by another enactment; unless the
     governing body of the public entity shall have provided that
     these benefits shall supplement, and be available in
     addition to, defense or indemnification protection conferred
     by another enactment.

13.  The provisions of this section shall also be applicable to
     any public library supported in whole or in part by a public
     entity whose governing body has determined by adoption of a
     local law, ordinance, by-law, resolution, rule or regulation
     to confer the benefits of this section upon the employees of
     such public library and to be held liable for the costs
     incurred under these provisions.

14.  If any provision of this section or the application thereof
     to any person or circumstance be held unconstitutional or
     invalid in whole or in part by any court, such holding of
     unconstitutionality or invalidity shall in no way affect or
     impair any other provision of this section or the
     application of any such provision to any other person or
     circumstance.


Sec. 19.  Reimbursement of defense costs incurred by or on behalf
          of state employees.

1.   (a)  As used in this section, unless the context
          otherwise requires, the term "employee" shall mean any
          person holding a position by election, appointment or
          employment in the service of the state, whether or not
          compensated, or a volunteer expressly authorized to
          participate in a state-sponsored volunteer program, but
          shall not include an independent contractor. The term
          employee shall include a former employee, his estate or
          judicially appointed personal representative and
          persons who assist the education department or the
          department of health as consultants or expert witnesses
          in the investigation or prosecution of alleged
          professional misconduct, licensure matters, restoration
          proceedings or criminal prosecutions for unauthorized
          practice pursuant to title eight of the education law
          or title II-A of article two of the public health law.

     (b)  For the purposes of this section, the term "employee"
          shall include members, officers and other persons in
          the employment of the New York state energy research
          and development authority.

     (c)  For the purposes of this section, the term "employee"
          shall include members of the state patient
          qualification review board appointed by the
          commissioner of health pursuant to article thirty-three-
          A of the public health law.

     (d)  For the purposes of this section, the term "employee"
          shall include directors, officers and employees of the
          facilities development corporation.

     (e)  For the purposes of this section, the term "employee"
          shall include directors, officers and employees of the
          environmental facilities corporation for corporate
          projects involving (i) hazardous waste, (ii) industrial
          solid waste activities as defined in section twelve
          hundred eighty-five-g of the public authorities law,
          and (iii) all other activities not covered by
          professional liability insurance.

2.   (a)  Upon compliance by the employee with the
          provisions of subdivision three of this section, and
          subject to the conditions set forth in paragraph (b) of
          this subdivision, it shall be the duty of the state to
          pay reasonable attorneys' fees and litigation expenses
          incurred by or on behalf of an employee in his or her
          defense of a criminal proceeding in a state or federal
          court arising out of any act which occurred while such
          employee was acting within the scope of his public
          employment or duties upon his acquittal or upon the
          dismissal of the criminal charges against him or
          reasonable attorneys' fees incurred in connection with
          an appearance before a grand jury which returns no true
          bill against the employee where such appearance was
          required as a result of any act which occurred while
          such employee was acting within the scope of his public
          employment or duties unless such appearance occurs in
          the normal course of the public employment or duties of
          such employee.

     (b)  Upon the application for reimbursement for reasonable
          attorneys' fees or litigation expenses or both made by
          or on behalf of an employee as provided in subdivision
          three of this section, the attorney general shall
          determine, based upon his investigation and his review
          of the facts and circumstances, whether such
          reimbursement shall be paid. The attorney general shall
          notify the employee in writing of such determination.
          Upon determining that such reimbursement should be
          provided, the attorney general shall so certify to the
          comptroller. Upon such certification, reimbursement
          shall be made for such fees or expenses or both upon
          the audit and warrant of the comptroller. On or before
          January fifteenth the comptroller, in consultation with
          the department of law and other agencies as may be
          appropriate, shall submit to the governor and the
          legislature an annual accounting of judgments,
          settlements, fees, and litigation expenses paid
          pursuant to this section during the preceding and
          current fiscal years. Such accounting shall include,
          but not be limited to the number, type and amount of
          claims so paid, as well as an estimate of claims to be
          paid during the remainder of the current fiscal year
          and during the following fiscal year. Any dispute with
          regard to entitlement to reimbursement or the amount of
          litigation expenses or the reasonableness of attorneys'
          fees shall be resolved by a court of competent
          jurisdiction upon appropriate motion or by way of a
          special proceeding.

3.   Reimbursement of reasonable attorneys' fees or litigation
     expenses or both by the state as prescribed by this section
     shall be conditioned upon (a) delivery to the attorney
     general or an assistant attorney general at an office of the
     department of law in the state by the employee of a written
     request for reimbursement of expenses together with, in the
     case of a criminal proceeding, the original or a copy of an
     accusatory instrument within ten days after he is arraigned
     upon such instrument or, in the case of a grand jury
     appearance, written documentation of evidence of such
     appearance and (b) the full cooperation of the employee in
     defense of any action or proceeding against the state based
     upon the same act, and in the prosecution of any appeal.

4.   Except as otherwise specifically provided in this section,
     the provisions of this section shall not be construed in any
     way to impair, alter, limit, modify, abrogate or restrict
     any immunity available to or conferred upon any unit,
     entity, officer or employee of the state or any other level
     of government, or any right to defense and/or
     indemnification provided for any governmental officer or
     employee by, in accordance with, or by reason of, any other
     provisions of state or federal statutory or common law.

5.   If any provision of this section or the application thereof
     to any person or circumstance be held unconstitutional or
     invalid in whole or in part by any court of competent
     jurisdiction, such holding of unconstitutionality or
     invalidity shall in no way affect or impair any other
     provision of this section or the application of any such
     provision to any other person or circumstances.

==============================================================

ARTICLE 2-A

ACTIONS ON OFFICIAL BONDS OR UNDERTAKINGS

Section        20.  Action upon official bond or undertaking.

               21.  Application may be made ex parte.

               22.  Proof to accompany application.

               23.  Order granting leave; action thereupon.

               24.  Successive actions.

               25.  Indorsement upon execution.

               26.  Collection of execution; when a defense to
                    subsequent action.

               27.  When claimants entitled to ratable
                    distribution.

               28.  Receivers, assignees and trustees deemed
                    public officers.

==============================================================


Sec. 20.  Action upon official bond or undertaking.

Where a public officer is required to give an official bond or
undertaking, and special provision is not made by law for the
prosecution of the bond or undertaking, by or for the benefit of
a person who has sustained by his default, delinquency or
misconduct, an injury, for which the sureties upon the bond or
undertaking are liable, such a person may apply for leave to
prosecute such official bond or undertaking. Such application
shall be made to the supreme court except as otherwise provided
in this article.


Sec. 21.  Application may be made ex parte.

Such application may be made without notice; but in that case the
officer, or either of his sureties, may apply upon notice, to
vacate an order permitting the applicant to maintain an action,
upon any ground showing that it ought not to have been granted.


Sec. 22.  Proof to accompany application.

The application must be accompanied with

1.   A certified copy of the official bond or undertaking;

2.   Proof by affidavit of the default or misconduct complained
     of, and that satisfaction of the same has not been received.

3.   If the default consists of the non-payment of money, and the
     applicant has not recovered judgment against the officer, or
     special provision is not otherwise made by law, proof of a
     demand for the money from the officer, or that a demand
     cannot be made with due diligence.


Sec. 23.  Order granting leave; action thereupon.

Upon such an application, the court must grant an order,
permitting the applicant to maintain an action upon the bond or
undertaking. The action must be brought, in the court which
granted the order, by the applicant as plaintiff; and it may be
maintained, as if the applicant was the obligee named in the bond
or undertaking, except as otherwise expressly prescribed in this
article.


Sec. 24.  Successive actions.

The same, or any other applicant, may, in like manner, either
before or after judgment in the first action, obtain an order,
permitting him to maintain another action, in the same court,
upon the same bond or undertaking, for another default or
misconduct. Any number of such orders may be successively made;
and neither of the actions authorized thereby is affected by the
pendency of, or the recovery of judgment in, any other, except as
otherwise expressly prescribed in this article.


Sec. 25.  Indorsement upon execution.

Where an execution is issued upon a judgment, recovered against
the public officer and any of his sureties, in an action, brought
pursuant to this article, the plaintiff's attorney must indorse
thereon a direction to collect the same, in the first place out
of the property of the public officer, and, if sufficient
property cannot be found, then to collect the deficiency out of
the property of the surety or sureties.


Sec. 26.  Collection of execution; when a defence to subsequent
          action.

It is a defence by a surety, against whom an action is brought
upon an official bond or undertaking, that he, or any other
surety or sureties, have been or will be compelled, for want of
sufficient property of the public officer to pay, upon one or
more judgments recovered against him or them, upon the same bond
or undertaking, an aggregate amount, exclusive of costs,
officers' fees, and expenses, equal to the sum for which the
defendant is liable, by reason of the bond or undertaking. It is
a partial defence, that the difference between the aggregate
amount, so paid, or to be paid, and the sum for which the
defendant is thus liable, is less than the amount of the
plaintiff's demand.


Sec. 27.  When claimants entitled to ratable distribution.

If the aggregate amount of the liabilities, which might be
recovered by actions upon an official bond or undertaking, as
prescribed in this article, exceeds the sum for which the
sureties are liable, the court must, upon the application of a
person who has obtained leave to prosecute the bond or
undertaking, made upon notice to the plaintiff's attorney, in
each action then pending upon such bond or undertaking, and in
each uncollected judgment recovered thereupon, direct and provide
for the distribution of the money, collected out of the property
of the sureties, among the persons in favor of whom the
liabilities have accrued, in proportion to the amount which each
one is entitled to recover; to be ascertained by a reference, or
in such other manner as the court directs. For the purposes of
the motion an order may be made by a judge, forbidding the
payment to the plaintiff in any action, of the sum collected or
to be collected by virtue of a judgment therein. But this section
does not authorize the court to compel a plaintiff to refund any
money, collected and received by him, in good faith, before
service of notice of such an order.


Sec. 28.  Receivers, assignees and trustees deemed public
          officers.

A receiver, an assignee of an insolvent debtor, or a trustee or
other officer, appointed by a court or a judge, is a public
officer, within the meaning of this article; but where he was
appointed by or pursuant to the order of a court, or in
proceedings supplementary to execution against property, the
application for leave to prosecute his official bond or
undertaking must be made to the court by which, or pursuant to
whose order, he was appointed, or in which the judgment was
rendered, as the case may be.

==============================================================

ARTICLE 3

Creation and Filling of Vacancies

Section        30.  Creation of vacancies.

               31.  Resignations.

               32.  Removals by senate.

               33.  Removals by governor.

               33a. Removal of heads of departments.

               34.  Proceedings for removal by governor.

               35.  Removals from office.

               35a. Removal for treasonable or seditious
                    acts or utterances.

               36.  Removal of town, village, improvement
                    district or fire district officer by court.

               37.  Notice of existence of vacancy.

               38.  Terms of officers chosen to fill vacancies.

               39.  Filling vacancies in office of officer
                    appointed by governor and senate.

               40.  Vacancy occurring in office of legislative
                    appointee, during legislative recess.

               41.  Vacancies filled by legislature.

               42.  Filling vacancies in elective offices.

               43.  Filling other vacancies.

==============================================================


Section 30.    Creation of vacancies.

1.   Every office shall be vacant upon the happening of one of
     the following events before the expiration of the term
     thereof:

     a.   The death of the incumbent;

     b.   His resignation;

     c.   His removal from office;

     d.   His ceasing to be an inhabitant of the state, or if he
          be a local officer, of the political subdivision, or
          municipal corporation of which he is required to be a
          resident when chosen;

     e.   His conviction of a felony, or a crime involving a
          violation of his oath of office, provided, however,
          that a non-elected official may apply for reinstatement
          to the appointing authority upon reversal or the
          vacating of such conviction where the conviction is the
          sole basis for the vacancy. After receipt of such
          application, the appointing authority shall afford such
          applicant a hearing to determine whether reinstatement
          is warranted. The record of the hearing shall include
          the final judgment of the court which reversed or
          vacated such conviction and may also include the entire
          employment history of the applicant and any other
          submissions which may form the basis of the grant or
          denial of reinstatement notwithstanding the reversal or
          vacating of such conviction. Notwithstanding any law to
          the contrary, after review of such record, the
          appointing authority may, in its discretion, reappoint
          such non-elected official to his former office, or a
          similar office if his former office is no longer
          available. In the event of such reinstatement, the
          appointing authority may, in its discretion, award
          salary or compensation in full or in part for the
          period from the date such office became vacant to the
          date of reinstatement or any part thereof;

     f.   The entry of a judgment or order of a court of
          competent jurisdiction declaring him to be incompetent;

     g.   The judgment of a court, declaring void his election or
          appointment, or that his office is forfeited or vacant;

     h.   His refusal or neglect to file his official oath or
          undertaking, if one is required, before or within
          thirty days after the commencement of the term of
          office for which he is chosen, if an elective office,
          or if an appointive office, within thirty days after
          notice of his appointment, or within thirty days after
          the commencement of such term; or to file a renewal
          undertaking within the time required by law, or if no
          time be so specified, within thirty days after notice
          to him in pursuance of law, that such renewal
          undertaking is required. The neglect or failure of any
          state or local officer to execute and file his oath of
          office and official undertaking within the time limited
          therefor by law, shall not create a vacancy in the
          office if such officer was on active duty in the armed
          forces of the United States and absent from the county
          of his residence at the time of his election or
          appointment, and shall take his oath of office and
          execute his official undertaking within thirty days
          after receipt of notice of his election or appointment,
          and provided such oath of office and official
          undertaking be filed within ninety days following the
          date it has been taken and subscribed, any inconsistent
          provision of law, general, special, or local to the
          contrary, notwithstanding.

2.   When a new or an additional office shall be created, such
     office shall for the purposes of an appointment or election,
     be vacant from the date of its creation, until it shall be
     filled by election or appointment.

3.   When any member of a board, commission, committee or
     authority, holding office by appointment of the governor,
     fails to attend three consecutive regular meetings of such
     board, commission, committee or authority, unless such
     absence is for good cause and is excused by the chairman or
     other presiding officer thereof, or, in the case of such
     chairman or other presiding officer, by the governor, the
     office may be deemed vacant for purposes of the nomination
     and appointment of a successor.

4.   Neither the provisions of this section, nor of any general,
     special or local law, charter, code, ordinance, resolution,
     rule or regulation, creating a vacancy in a local office of
     a political subdivision or municipal corporation if the
     incumbent thereof ceases to be a resident of such political
     subdivision or municipal corporation, shall apply in the
     case of a person who is a member of the police force of any
     political subdivision or municipal corporation of the state
     and who while a member of such force resides (a) in the
     county in which such political subdivision or municipal
     corporation is located; or (b) in a county within the state
     contiguous to the county in which such political subdivision
     or municipal corporation is located; or (c) in a county
     within the state contiguous to such political subdivision or
     municipal corporation; or (d) in a county within the state
     contiguous to a county described in item (c) hereof where
     the former is less than fifteen miles from such political
     subdivision or municipal corporation, measured from their
     respective nearest boundary lines; or (e) in a county within
     the state contiguous to a county described in item (d)
     hereof where the former is less than thirty miles from such
     political subdivision or municipal corporation, measured
     from their respective nearest boundary lines:

     (1)  If such person was appointed as a member of such police
          force prior to July first, nineteen hundred sixty-one,
          shall reside in any such county on such date and shall
          continue to reside in any such county after such date,
          or

     (2)  If the police force of which he is a member consists of
          two hundred or more full-time members or shall have
          consisted of two hundred or more full-time members
          when, as a member of such police force, he shall have
          resided in such county and shall continue to reside in
          any such county thereafter, or

     (3)  If the police force of which he is a member consists of
          less than two hundred full-time members; provided,
          however, that the local legislative body of such
          political subdivision or municipal corporation having
          such police force shall have power to adopt and amend
          local laws, ordinances or resolutions of general
          application requiring members of such police force,
          other than those members covered by paragraph one or
          paragraph two of this subdivision, to reside in such
          political subdivision or municipal corporation, or
          permitting them to reside in specified areas of such
          counties or within specified distances from the
          political subdivision or municipal corporation provided
          such local legislative body shall determine that a
          policeman may respond therefrom promptly and be
          available to render active service in such political
          subdivision or municipal corporation.

4-a. Neither the provisions of this section, nor of any general,
     special or local law, charter, code, ordinance, resolution,
     rule or regulation, creating a vacancy in a local office of
     a political subdivision or municipal corporation if the
     incumbent thereof ceases to be a resident of such political
     subdivision or municipal corporation, shall apply in the
     case of a member of the department of sanitation of any
     municipality who resides in a county within the state
     contiguous to such municipality.

4-b. Except as otherwise provided in subdivision five of this
     section, neither the provisions of this section, nor of any
     general, special or local law, charter, code, ordinance,
     resolution, rule or regulation, creating a vacancy in a
     local office of a political subdivision or municipal
     corporation of the state if the incumbent thereof ceases to
     be a resident of such political subdivision or municipal
     corporation shall apply to the appointment or continuance in
     office or position of an officer or member of a paid fire
     department in any political subdivision or municipal
     corporation of the state, if such person resides in the
     county, or one of the counties, in which such political
     subdivision or municipal corporation is located.

5.   Neither the provisions of this section, nor of any general,
     special or local law, charter, code, ordinance, resolution,
     rule or regulation, creating a vacancy in a local office of
     a political subdivision or municipal corporation if the
     incumbent thereof ceases to be a resident of such political
     subdivision or municipal corporation, shall apply in the
     case of a paid member of the uniformed force of a paid fire
     department, or in the case of a person employed in a
     department of correction in the correction service of the
     classified civil service, or in the case of officers and
     inspectors employed in a department of health of a city of
     over one million population who resides (a) in the county in
     which said city is located; or (b) in a county within the
     state contiguous to the county in which said city is
     located; or (c) in a county within the state contiguous to
     such city; or (d) in a county within the state which is not
     more than fifteen miles from said city; or (e) in a county
     within the state contiguous to a county described in item
     (d) hereof where the former is less than thirty miles from
     such political subdivision or municipal corporation,
     measured from their respective nearest boundary lines.

5-a. Any person who resides in this state and who is currently
     employed as a member of the police force, a paid member of
     the uniformed force of a paid fire department, or department
     of corrections in the correctional service classification of
     the classified civil service, of a city of over one million
     population, shall be exempt from the provisions of paragraph
     (d) of subdivision one and subdivisions four and five of
     this section upon compliance with the procedure set forth in
     this subdivision. Any person seeking to benefit from the
     exemption created by this subdivision shall notify his
     respective employer in writing of said intention within
     thirty days from the effective date of this subdivision and
     shall specify his then current residence address. The
     exemption created by this subdivision shall be applicable
     only to said actual designated residence and not to any
     residence that any subject currently employed member may
     thereafter establish; provided, however, that any such
     currently employed member who resides outside this state
     shall have one year from the effective date of this
     subdivision within which to establish residence as required
     pursuant to paragraph (d) of subdivision one, and
     subdivisions four and five of this section and comply with
     the notice requirements of this subdivision. Said residence
     shall constitute a lawful residence for all purposes
     notwithstanding any provision to the contrary of any
     general, special or local law, charter, code, ordinance,
     resolution, rule or regulation.

6.   Neither the provisions of this section, nor of any general,
     special or local law, charter, code, ordinance, resolution,
     rule or regulation, creating a vacancy in a local office of
     a political subdivision or municipal corporation if the
     incumbent thereof ceases to be a resident of such political
     subdivision or municipal corporation, shall apply in the
     case of appointed public officers in the city of Troy,
     except the city manager of such city, who reside in the
     county of Rensselaer.

7.   Neither the provisions of this section, nor of any general,
     special or local law, charter, code, ordinance, resolution,
     rule or regulation, creating a vacancy in a local office of
     a political subdivision or municipal corporation of the
     state if the incumbent thereof ceases to be a resident of
     such political subdivision or municipal corporation, shall
     apply in the case of the city court judge in the city of
     Hudson, provided that such person resides in the county in
     which such city is located.


Section 31.    Resignations.

1.   Public officers may resign their offices as follows:

     a.   The governor, lieutenant-governor, comptroller and
          attorney-general, to the legislature;

     b.   All officers appointed by the governor alone, or by him
          with the consent of the senate, to the governor;

     c.   Senators and members of assembly, to the presiding
          officers of their respective houses;

     d.   Judges and justices of the unified court system, to the
          chief administrator of the courts;

     e.   Sheriffs, county clerks, district attorneys and
          registers of counties, to the governor;

     f.   Every other county officer, to the county clerk;

     g.   Every town officer, to the town clerk;

     h.   The officer of any other municipal corporation, to the
          clerk of the corporation;

     i.   United States senators, to the secretary of state.

     j.   Representatives in the House of Representatives of the
          Congress of the United States, to the secretary of
          state.

     k.   Every other appointive officer, where not otherwise
          provided by law, to the body, board or officer that
          appointed him, and every other elective officer, where
          not otherwise provided by law, to the secretary of
          state.

2.   Every resignation shall be in writing addressed to the
     officer or body to whom it is made. If no effective date is
     specified in such resignation, it shall take effect upon
     delivery to or filing with the proper officer or body. If an
     effective date is specified in such resignation, it shall
     take effect upon the date specified, provided however, that
     in no event shall the effective date of such resignation be
     more than thirty days subsequent to the date of its delivery
     or filing; except that the effective date of the resignation
     of a judge or justice of the unified court system may be up
     to ninety days subsequent to the date on which such
     resignation is delivered or filed. If a resignation
     specifies an effective date that is more than thirty days
     subsequent to the date of its delivery or filing, or more
     than ninety days subsequent thereto where such resignation
     is that of a judge or justice, such resignation shall take
     effect upon the expiration of thirty days from the date of
     its delivery or filing, or upon the expiration of ninety
     days therefrom, as appropriate.

3.   A resignation addressed to an officer shall be delivered to
     him at his place of business or filed in his office.

     A resignation addressed to the legislature or to the
     presiding officer of either house thereof, shall be
     delivered to and filed with the secretary of state, and he
     shall forthwith communicate the fact of such resignation to
     the legislature or to such house, if in session, or if not,
     at its first meeting thereafter.

     A resignation addressed to any other body shall be delivered
     to the presiding officer or clerk of such body, if there be
     one, and if not, to any member thereof, and shall be filed
     with the clerk, or if there be no clerk, with the other
     records of such body. A delivery at the office or place of
     residence or business of the person to whom any such
     resignation may be delivered shall be a sufficient delivery
     thereof.

4.   A resignation delivered or filed pursuant to this section,
     whether effective immediately or at a specified future date,
     may not be withdrawn, cancelled, or amended except by
     consent of the officer to whom it is delivered or body with
     which it is filed.

5.   If a resignation from an elective office is received
     pursuant to the provisions of this section, the official who
     receives such resignation shall immediately notify the state
     board of elections of the fact of such resignation and the
     effective date, if any, set forth in such resignation.


Sec. 32.  Removals by senate.

The governor before making a recommendation to the senate for the
removal of any officer may in his discretion take proofs, for the
purpose of determining whether such recommendation shall be made.

The comptroller or attorney-general may be removed by the senate,
on the recommendation of the governor, for misconduct or
malversation in office, if two-thirds of all the members elected
to the senate shall concur therein. No such removal shall be made
unless the person who is sought to be removed shall have been
served with a copy of the charges against him and have an
opportunity of being heard. On the question of removal, the yeas
and nays shall be entered on the journal. The governor may
convene the senate in extra session for the investigation of such
charges. The senate shall have power to make such rules as it may
see fit for the practice before it. At the time appointed for the
investigation, the senate shall proceed to hear and try the
charges against such officer, and may take proofs in relation
thereto.

The governor may appoint any suitable person to conduct the trial
of such charges before the senate.

An officer appointed by the governor by and with the advice and
consent of the senate, except an officer who is or any or either
of the officers who are the head of a department, and except as
otherwise provided by special provision of law may be removed by
the senate upon the recommendation of the governor.

If the senate shall reject a recommendation of removal the
secretary of the senate shall, by a writing signed by him and by
the president of the senate, communicate the fact of such
rejection to the governor. If the senate shall concur in such a
recommendation the removal shall take effect upon the passage of
the resolution of concurrence, and duplicate copies of such
resolution, certified by the secretary and president of the
senate, shall be executed and delivered by such secretary to the
secretary of state.


Sec. 33.  Removals by governor.

1.   An officer appointed by the governor for a full term or to
     fill a vacancy, whose appointment is not required by law to
     be made by and with the advice and consent of the senate,
     any county treasurer, any county superintendent of the poor,
     any register of a county or any coroner, except as otherwise
     provided by special provisions of law, may be removed by the
     governor within the term for which such officer shall have
     been chosen, after giving to such officer a copy of the
     charges against him and an opportunity to be heard in his
     defense.

2.   The chief executive officer of every city and the chief or
     commissioner of police, commissioner or director of public
     safety or other chief executive officer of the police force
     by whatever title he may be designated, of every city may be
     removed by the governor after giving to such officer a copy
     of the charges against him and an opportunity to be heard in
     his defense. The power of removal provided for in this
     subdivision shall be deemed to be in addition to the power
     of removal provided for in any other law. The provisions of
     this subdivision shall apply notwithstanding any
     inconsistent provisions of any general, special or local
     law, ordinance or city charter.


Sec. 33-a.     Removal of heads of departments.

Any officer who is, or any or either of the officers who are, the
head of a department, if appointed by the governor by and with
the advice and consent of the senate, may be removed from office
by the governor whenever in his judgment the public interest
shall so require. In case of such a removal the governor shall
file with the department of state a statement of the cause of
such removal and shall report such removal and the cause thereof
to the legislature at its next session.


Sec. 34.  Proceedings for removal by governor.

1.   In any proceeding for the removal by the governor of a
     public officer, he may conduct an investigation into the
     charges, and may take the evidence as to the truth of the
     charges at a hearing for such purpose, or he may direct that
     such investigation or hearing, or both, shall be conducted
     by a justice of the supreme court of the judicial district,
     or the county judge of the county, in which the officer
     proceeded against shall reside, or by a commissioner
     appointed by the governor, by an appointment, in writing,
     filed in the office of the secretary of state.

2.   The governor may direct the attorney-general or the district
     attorney of the county in which the officer proceeded
     against resides, to assist the governor, or the person
     designated by the governor under the first subdivision of
     this section, in the conduct of the investigation into the
     charges, and of the hearing into the truth of the charges.
     If the hearing provided for in this section shall be
     conducted by a justice, judge or commissioner, it shall be
     held at such place in the county in which the officer
     proceeded against shall reside as the justice, judge or
     commissioner shall appoint, and at least eight days after
     written notice of the time and place of such hearing shall
     have been given to the officer proceeded against.

3.   The governor may direct the justice, judge or commissioner
     to report to him the evidence taken at such hearing, or the
     evidence and the findings of the material facts deemed by
     such justice, judge or commissioner to be established. Both
     in the investigation of the charges and at the hearing into
     the truth of the charges, the governor or the person
     designated by him under the first subdivision of this
     section may require witnesses to attend before him, and may
     also require the production of any books, papers, or other
     documents, deemed by him to be material, and shall issue
     subpoenas for such witnesses for appearance at the hearing
     as may be requested by the officer proceeded against.

4.   At the hearing provided for in this section, the officer
     proceeded against and his counsel shall be permitted to
     attend, but such officer or his counsel shall have no right
     to be present at the investigation provided for unless the
     governor or the person designated by him to conduct such
     investigation so directs. No evidence taken in such
     investigation shall form the basis of any report to the
     governor by the person designated by him under subdivision
     one of this section, or the basis of any determination by
     the governor, unless such evidence is presented at the
     hearing provided for in this section.

5.   The person designated under subdivision one of this section,
     or the governor, where no person is so designated, is
     authorized to employ counsel in any case where the attorney-
     general or district attorney has not been directed to assist
     the governor or his designee, as provided in subdivision two
     of this section, and to employ such personnel as may be
     necessary to assist him in the performance of his duties
     under this section.

6.   If the proceeding be for removal of a state officer, the
     reasonable expenses incurred in the conduct thereof,
     including the compensation of authorized counsel and of
     necessary assistants, in the taking and printing of the
     testimony, shall be paid by the state, on the certificate of
     the governor, out of moneys appropriated or available
     therefor.

7.   If the proceeding be for the removal of a county or city
     officer, the reasonable expenses incurred in the conduct
     thereof shall be a county or city charge, as the case may
     be. The board of supervisors of the county, or the board of
     estimate and apportionment or other board or body of the
     city vested with the power to make appropriations, on the
     requisition of the governor, from time to time, shall
     forthwith appropriate such sum as shall be needed to pay
     such expenses; and after such appropriation shall have been
     duly made, the fiscal officer of the county or city, as the
     case may be, shall pay such expenses, upon vouchers approved
     by the governor, after audit, in the same manner and by the
     same authority as other county or city charges are audited
     and paid.

8.   A person designated by the governor to conduct an
     investigation or hearing, or both, under this section, who
     is not regularly employed by the state or by a county or
     city, shall be paid a reasonable compensation for his
     services, to be fixed by the governor, and paid in the same
     manner as other expenses for the removal of a state officer,
     or a county or city officer, as the case may be, as provided
     in this section.

9.   All sheriffs, coroners, constables and marshals to whom
     process shall be directed and delivered under this section
     shall execute the same without unnecessary delay.


Sec. 35.  Removals from office.

Every removal of an officer by one or more state officers, shall
be in written duplicate orders, signed by the officer, or by all
or a majority of the officers, making the removal, or if made by
a body or board of state officers may be evidenced by duplicate
certified copies of the resolution or order of removal, signed
either by all or by a majority of the officers making the
removal, or by the president and clerk of such body or board.
Both such duplicate orders or certified copies shall be delivered
to the secretary of state, who shall record in his office one of
such duplicates, and shall, if the officer removed is a state
officer, deliver the other to such officer by messenger, if
required by the governor, and otherwise by mail or as the
secretary of state shall deem advisable, and shall, if directed
by the governor, cause a copy thereof to be published in the
state paper. If the officer removed be a local officer, he shall
send the other of such duplicates to the county clerk of the
county in which the officer removed shall have resided at the
time he was chosen to the office, and such clerk shall file the
same in his office, and forthwith notify the officer removed of
his removal.


Sec. 35-a.     Removal for treasonable or seditious acts or
               utterances.

A person holding any public office shall be removable therefrom,
in the manner provided by law, for the utterance of any
treasonable or seditious word or words or the doing of any
treasonable or seditious act or acts during his term.


Sec. 36.  Removal of town, village, improvement district or fire
          district officer by court.

Any town, village, improvement district or fire district officer,
except a justice of the peace, may be removed from office by the
supreme court for any misconduct, maladministration, malfeasance
or malversation in office. An application for such removal may be
made by any citizen resident of such town, village, improvement
district or fire district or by the district attorney of the
county in which such town, village or district is located, and
shall be made to the appellate division of the supreme court held
within the judicial department embracing such town, village,
improvement district or fire district. Such application shall be
made upon notice to such officer of not less than eight days, and
a copy of the charges upon which the application will be made
must be served with such notice.


Sec. 37.  Notice of existence of vacancy.

When a judgment shall be rendered by any court convicting an
officer of a felony, or of a crime involving a violation of his
oath of office, or declaring the election or appointment of any
officer to be void, or that the office of any officer has been
forfeited or become vacant, the clerk of such court shall give
notice thereof to the governor, stating the cause of such
conviction or judgment.

Whenever a public officer shall die before the expiration of his
term of office, or shall cease to be a resident of the political
subdivision of the state or a municipal corporation in which he
is required to be a resident as a condition of continuing in the
office, the county clerk of the county in which such officer
shall have resided immediately prior to such death or removal,
shall immediately give notice of such death or removal to the
governor. If the governor is not authorized to fill any vacancy
of which he shall have notice, he shall forthwith give notice of
the existence of such vacancy to the officer or officers, or to
the body or board of officers authorized to fill the vacancy, or
if such vacancy may be filled by an election, to the officers
authorized to give notice of such election.


Sec. 38.  Terms of officers chosen to fill vacancies.

If an appointment of a person to fill a vacancy in an appointive
office be made by the officer, or by the officers, body or board
of officers, authorized to make appointment to the office for the
full term, the person so appointed to such vacancy shall hold
office for the balance of the unexpired term. The term of office
of an officer appointed to fill a vacancy in an elective office,
shall be until the commencement of the political year next
succeeding the first annual election after the happening of the
vacancy, if the office be made elective by the constitution, or
at which the vacancy can be filled by election, if the office be
otherwise made elective.


Sec. 39.  Filling vacancies in office of officer appointed by
          governor and senate.

A vacancy which shall occur during the session of the senate, in
the office of an officer appointed by the governor by and with
the advice and consent of the senate, shall be filled in the same
manner as an original appointment. Such a vacancy occurring or
existing while the senate is not in session, including offices in
which officers are holding over pursuant to the provisions of
section five of this chapter or any other law, and offices vacant
during the session of the senate, shall be filled by the governor
for a term which shall expire upon the appointment and
qualification of a successor but in any event such term shall
expire at the end of twenty days from the commencement of the
next meeting of the senate.


Sec. 40.  Vacancy occurring in office of legislative appointee,
          during legislative recess.

When a vacancy shall occur or exist, otherwise than by expiration
of term, during the recess of the legislature, in the office of
any officer appointed by the legislature, the governor shall
appoint a person to fill the vacancy for a term which shall
expire at the end of twenty days from the commencement of the
next meeting of the legislature.


Sec. 41.  Vacancies filled by legislature.

When a vacancy occurs or exists, other than by removal, in the
office of comptroller or attorney-general, or a resignation of
either such officer to take effect at any future day shall have
been made while the legislature is in session, the two houses
thereof, by joint ballot, shall appoint a person to fill such
actual or prospective vacancy.


Sec. 42.  Filling vacancies in elective offices.

1.   A vacancy occurring before September twentieth of any year
     in any office authorized to be filled at a general election,
     except in the offices of governor or lieutenant-governor,
     shall be filled at the general election held next
     thereafter, unless otherwise provided by the constitution,
     or unless previously filled at a special election.

2.   A vacancy occurring by the expiration of term at the end of
     an even numbered year in an office which may not under the
     provisions of the constitution be filled for a full term at
     the general election held prior to the expiration of such
     term, shall be filled at said general election for a term
     ending with the commencement of the political year next
     succeeding the first general election at which said office
     can be filled by election for a full term.

3.   Upon the failure to elect to any office, except that of
     governor or lieutenant-governor, at a general or special
     election, at which such office is authorized to be filled,
     or upon the death or disqualification of a person elected to
     office before the commencement of his official term, or upon
     the occurrence of a vacancy in any elective office which
     cannot be filled by appointment for a period extending to or
     beyond the next general election at which a person may be
     elected thereto, the governor may in his discretion make
     proclamation of a special election to fill such office,
     specifying the district or county in which the election is
     to be held, and the day thereof, which shall be not less
     than thirty nor more than forty days from the date of the
     proclamation.

4.   A special election shall not be held to fill a vacancy in
     the office of a representative in congress unless such
     vacancy occurs on or before the first day of July of the
     last year of the term of office, or unless it occurs
     thereafter and a special session of congress is called to
     meet before the next general election, or be called after
     September nineteenth of such year; nor to fill a vacancy in
     the office of state senator or in the office of member of
     assembly, unless the vacancy occurs before the first day of
     April of the last year of the term of office, or unless the
     vacancy occurs in either such office of senator or member of
     assembly after such first day of April and a special session
     of the legislature be called to meet between such first day
     of April and the next general election or be called after
     September nineteenth in such year. If a special election to
     fill an office shall not be held as required by law, the
     office shall be filled at the next general election.

4-a. If a vacancy occurs in the office of United States senator
     from this state in any even numbered calendar year on or
     after the fifty-ninth day prior to the annual primary
     election, or thereafter during said even numbered year, the
     governor shall make a temporary appointment to fill such
     vacancy until the third day of January in the year following
     the next even numbered calendar year. If such vacancy occurs
     in any even numbered calendar year on or before the sixtieth
     day prior to an annual primary election, the governor shall
     make a temporary appointment to fill such vacancy until the
     third day of January in the next calendar year. If a vacancy
     occurs in the office of United States senator from this
     state in any odd numbered calendar year, the governor shall
     make a temporary appointment to fill such vacancy until the
     third day of January in the next odd numbered calendar year.
     Such an appointment shall be evidenced by a certificate of
     the governor which shall be filed in the office of the state
     board of elections. At the time for filing such certificate,
     the governor shall issue and file in the office of the state
     board of elections a writ of election directing the election
     of a United States senator to fill such vacancy for the
     unexpired term at the general election next preceding the
     expiration for the term of such appointment.

5.   Whenever the authority to fill any vacancy is vested in a
     board and such board is unable to fill such vacancy in an
     elective office by reason of a tie vote, or such board
     neglects to fill such vacancy for any other reason, the
     governor may, in his discretion, make proclamation of a
     special election to fill the vacancy.


Sec. 43.  Filling other vacancies.

If a vacancy shall occur, otherwise than by expiration of term,
with no provision of law for filling the same, if the office be
elective, the governor shall appoint a person to execute the
duties thereof until the vacancy shall be filled by an election.
But if the term of such officer shall expire with the calendar
year in which the appointment shall be made, or if the office be
appointive, the appointee shall hold for the residue of the term.

==============================================================

ARTICLE 4

POWERS AND DUTIES OF PUBLIC OFFICERS

Section        60.  Official seals of court of appeals, governor
                    and state departments, divisions and bureaus.

               61.  Investigations by state officers.

               62.  Business in public offices on public
                    holidays.

               62a. Leave of absence for certain appointive
                    state officers; temporary vacancy.

               63.  Leave of absence for veterans on Memorial day
                    and Veterans' day.

               64.  Payment of expenses of public officers.

               64a. Patent policy.

               66.  Interchangeable use of gender neutral and
                    gender specific titles of public offices.

               66a. Accident reports kept by police
                    authorities to be open to the inspection of
                    persons interested.

               67.  Fees for public officers.

               67a. Fees for certification or
                    exemplification.

               68.  Allowance of additional fees and expenses.

               68a. Fees for oath or acknowledgment.

               69.  Fee for administering certain official oaths
                    prohibited.

               69a. Interest to be paid and collected on all
                    deposits of public moneys amounting to one
                    thousand dollars or more.

               70.  Accounting for fees.

               70a. Fees to be paid by public officers for
                    public advertisements.

               70b. Certificate on printed copies of laws.

               71.  Vacations for employees of the state.

               72.  Notices and reports of claims, suits or
                    causes of action to be given to the attorney-
                    general.

               72a. Penalty of officer for failure to
                    execute mandate and make return.

               73.  Business or professional activities by state
                    officers and employees and party officers.

               73a. Financial disclosure.

               74.  Code of ethics.

               74a. Duty of public officers regarding the
                    physically handicapped.

               75.  Bribery of members of the legislature.

               76.  Receiving bribes by members of legislature.

               77.  Unlawful fees and payments.

               77a. Members of the legislature liable to
                    forfeiture of office.

               78.  Certification of members, officers and
                    employees.

               79.  Fine in certain cases.

==============================================================


Section 60.    Official seals of court of appeals, governor and
               state departments, divisions and bureaus.

1.   Each of the civil departments in the state government shall
     have an official seal. In addition to the divisions or
     bureaus required by law to have an official seal, any
     division or bureau of any department shall have such a seal,
     if so required by rules of the department. The official seal
     shall be used in the cases prescribed by law. Such rules
     also may prescribe other cases in which it shall or may be
     used. For the purposes of any provisions of the law
     requiring the use of the official seal of the officer or
     body who or which is the head of a department, division or
     bureau, the seal of such department, division or bureau
     shall be deemed the official seal of such officer or body.

2.   The seal of the court of appeals, the privy seal of the
     governor and the official seal of each civil department of
     the state government shall be of metal with the device of
     the arms of the state surrounded with the inscription, State
     of New York, and the official designation of the court,
     official or department. Each civil department of the state
     government may affix a facsimile seal, engraved or printed
     or reproduced in any manner from such metal seal, to any
     instrument or writing to be sealed by such civil department.
     The official seal, if any, of a division or bureau of a
     department shall have thereon the matter required for the
     official seal of the department and in addition thereto
     words or initials, or both, describing the division or
     bureau. The seal of such court, the privy seal of the
     governor, and the official seal of such a department shall
     be two and one-quarter inches in diameter. The official
     seal, if any, of such a division or bureau shall be one and
     three-quarters inches in diameter. Each metal seal provided
     for herein shall be provided by the department of state. The
     seal of the court of appeals and privy seal of the governor
     heretofore provided by the secretary of state shall continue
     to be used by such court and officer until defective from
     wear or otherwise. Whenever any seal provided for in this
     section becomes defective from wear or otherwise, it shall
     be delivered to the department of state which shall cause it
     to be repaired and returned, or to be defaced with a
     suitable mark, or deposited with the ancient seals in the
     state library, and new seals, in the form prescribed by this
     section, to be provided for use instead.


Sec. 61.  Investigations by state officers.

Every state officer, in any proceeding held before him, or in any
investigation held by him for the purpose of making inquiry as to
the official conduct of any subordinate officer or employee,
shall have the power to issue subpoenas for and require the
attendance of witnesses and the production of all books and
papers relating to any matter under inquiry. All such subpoenas
shall be issued under the hand and seal of the state officer
holding such proceeding. A subpoena issued under this section
shall be regulated by the civil practice law and rules. The
testimony of witnesses in any such proceeding shall be under oath
and the state officer instituting the proceeding shall have power
to administer oaths. In case of state boards or commissions, any
member of the same, or, when duly authorized by resolution, the
secretary of such board or commission, shall have power to issue
subpoenas and administer oaths for the purposes of this section.


Sec. 62.  Business in public offices on public holidays.

1.   Holidays and half holidays shall be considered as Sunday for
     all purposes relating to the transaction of business in the
     public offices of each county. On all other days and half
     days, excepting Sundays, such offices shall be kept open for
     the transaction of business. This subdivision is subject to
     the provisions of section two hundred six-a of the county
     law and sections 1032-14.0 and 1052-22.0 of the
     administrative code of the city of New York.

2.   Holidays and Saturdays shall be considered as Sunday for all
     purposes relating to the transaction of business in the
     public offices of the state. On all other days, excepting
     Sundays, such offices shall be kept open for the transaction
     of business. Whenever the last day on which any paper shall
     be filed or act done or performed in any such office expires
     on a Saturday, the time therefor is hereby extended to and
     including the next business day.


Sec. 62-a.     Leave of absence for certain appointive state
               officers; temporary vacancy.

A person holding a state office by appointment of the governor,
or of the governor by and with the consent of the senate, may be
granted by the governor, on the application of such person, a
leave of absence from such office, without pay, for a stated
period less than the remainder of the unexpired term. The office
shall be deemed vacant for the purpose only of filling it, in the
manner provided by law, for a term expiring at the end of such
period. At or after the end of such period, the person who is
granted such leave of absence, if not then disqualified, may
resume such office, its title, duties and salary for the
unexpired regular term, without reappointment, and the interim
incumbent, if any, shall cease to hold it. On or after the
beginning of such period, such person, if otherwise eligible, may
be appointed to and hold any other appointive office in the state
service; but he shall resign therefrom before resuming such
former office under the foregoing provisions. A person resuming
such office shall file in the office of the department of state
his statement in writing that he elects to and does resume it
pursuant to this section.


Section 63.    Leave of absence for veterans on Memorial day and
               Veterans' day.

It shall be the duty of the head of every public department and
of every court of the state of New York, of every superintendent
or foreman on the public works of said state, of the county
officers of the several counties of said state, of the town
officers of the various towns in this state, of the fire district
officers of the various fire districts in this state, and of the
head of every department, bureau and office in the government of
the various cities and villages in this state, to give leave of
absence with pay for twenty-four hours on the day prescribed by
law as a public holiday for the observance of Memorial day and on
the eleventh day of November, known as Veterans' day, to every
person in the service of the state, the county, the town, the
fire district, the city or village, as the case may be, (i) who
served on active duty in the armed forces of the United States
during world war I or world war II, or who was employed by the
War Shipping Administration or Office of Defense Transportation
or their agents as a merchant seaman documented by the United
States Coast Guard or Department of Commerce, or as a civil
servant employed by the United States Army Transport Service
(later redesignated as the United States Army Transportation
Corps, Water Division) or the Naval Transportation Service; and
who served satisfactorily as a crew member during the period of
armed conflict, December seventh, nineteen hundred forty-one, to
August fifteenth, nineteen hundred forty-five, aboard merchant
vessels in oceangoing, i.e., foreign, intercoastal, or coastwise
service as such terms are defined under federal law (46 USCA
10301 & 10501) and further to include "near foreign" voyages
between the United States and Canada, Mexico, or the West Indies
via ocean routes, or public vessels in oceangoing service or
foreign waters and who has received a Certificate of Release or
Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the
Department of Defense, or during the period of the Korean
conflict at any time between the dates of June twenty-seventh,
nineteen hundred fifty and January thirty-first, nineteen hundred
fifty-five, or during the period of the Vietnam conflict from the
twenty-second day of December, nineteen hundred sixty-one to the
seventh day of May, nineteen hundred seventy-five, or (ii) who
served on active duty in the armed forces of the United States
and who was a recipient of the armed forces expeditionary medal,
navy expeditionary medal or marine corps expeditionary medal for
participation in operations in Lebanon from June first, nineteen
hundred eighty-three to December first, nineteen hundred eighty-
seven, in Grenada from October twenty-third, nineteen hundred
eighty-three to November twenty-first, nineteen hundred eighty-
three, or in Panama from December twentieth, nineteen hundred
eighty-nine to January thirty-first, nineteen hundred ninety, or
(iii) who served in the armed forces of a foreign country allied
with the United States during world war I or world war II, or
during the period of the Korean conflict at any time between June
twenty-seventh, nineteen hundred fifty and January thirty-first,
nineteen hundred fifty-five, or during the period of the Vietnam
conflict from the twenty-second day of December, nineteen hundred
sixty-one to the seventh day of May, nineteen hundred seventy-
five, or during the period of the Persian Gulf conflict from the
second day of August, nineteen hundred ninety to the end of such
conflict, or who served on active duty in the army or navy or
marine corps or air force or coast guard of the United States,
and who was honorably discharged or separated from such service
under honorable conditions, except where such action would
endanger the public safety or the safety or health of persons
cared for by the state, in which event such persons shall be
entitled to leave of absence with pay on another day in lieu
thereof. All such persons who are compensated on a per diem,
hourly, semi-monthly or monthly basis, with or without
maintenance, shall also be entitled to leave of absence with pay
under the provisions of this section and no deduction in vacation
allowance or budgetary allowable number of working days shall be
made in lieu thereof. A refusal to give such leave of absence to
one entitled thereto shall be neglect of duty.


Sec. 64.  Payment of expenses of public officers.

Every public officer who is not allowed any compensation for his
services shall be paid his actual expenses necessarily incurred
in the discharge of his official duties.


Section 64-a. Patent policy.

1.   Notwithstanding the provisions of section one hundred thirty-
     five of the civil service law, the participation in royalty
     or other arrangements may be extended or the payment of
     additional compensation may be made to an employee of a
     state department or of an agency, in addition to such
     employee's definite salary or compensation, provided such
     participation or additional compensation is pursuant to a
     patent policy approved for such department or agency by the
     director of the budget and the state comptroller. Such
     participation or additional compensation shall not affect
     the entitlement of the employee to any regular pay, annuity
     or award to which he or she is otherwise entitled or for
     which he or she is otherwise eligible under the civil
     service law or any other applicable statute shall not be
     included as compensation for the purposes of computing
     overtime pay or for retirement purposes.

2.   The department and agency patent policies in effect on the
     effective date of this section shall be continued. Such
     existing policies, unless promulgated pursuant to article
     eight of the education law, shall be subject to the approval
     of the director of the budget and the state comptroller.

3.   A state department or agency may, after the effective date
     of this section, adopt a patent policy, or amend a patent
     policy previously approved by the director of the budget for
     such agency, subject to the approval of the director of the
     budget, the state comptroller and the director of the office
     of employee relations. Where such policy or amendment
     affects a term or condition of employment, such policy or
     amendment shall be adopted in accordance with the provisions
     of article fourteen of the civil service law.

4.   Any such patent policy shall contain an express provision
     requiring the comptroller's approval of any transfer of
     patents or other technologies by, or for the benefit of, the
     state.


Section 66.    Interchangeable use of gender neutral and gender
               specific titles of public offices.

Notwithstanding any other provision of law, local law, charter,
code or ordinance, a public officer may, in official documents or
otherwise, refer to the name of her or his public office:

(a)  by its official title as specified in the statute, local
     law, charter, code or ordinance creating such public office,
     or,

(b)  by any other gender neutral or gender indicative suffixes,
     prefixes or words which reconstruct the official name or
     title of such public office, provided that the form of
     reconstruction readily permits the unmistakable
     identification of the particular public office held by such
     public officer.


Section 66-a.  Accident reports kept by police authorities to be
               open to the inspection of persons interested.

1.   Notwithstanding any inconsistent provisions of law, general,
     special or local, or any limitation contained in the
     provision of any city charter, all reports and records of
     any accident, kept or maintained by the state police or by
     the police department or force of any county, city, town,
     village or other district of the state, shall be open to the
     inspection of any person having an interest therein, or of
     such person's attorney or agent, even though the state or a
     municipal corporation or other subdivision thereof may have
     been involved in the accident; except that the authorities
     having custody of such reports or records may prescribe
     reasonable rules and regulations in regard to the time and
     manner of such inspection, and may withhold from inspection
     any reports or records the disclosure of which would
     interfere with the investigation or prosecution by such
     authorities of a crime involved in or connected with the
     accident.

2.   Notwithstanding the provisions of section twenty-three
     hundred seven of the civil practice law and rules, the
     public officers law, or any other law to the contrary, the
     division of state police shall charge fees for the search
     and copy of accident reports and photographs. A search fee
     of fifteen dollars per accident report shall be charged,
     with no additional fee for a photocopy. An additional fee of
     fifteen dollars shall be charged for a certified copy of any
     accident report. A fee of twenty-five dollars per photograph
     or contact sheet shall be charged. The fees for
     investigative reports shall be the same as those for
     accident reports.


Sec. 67.  Fees of public officers.

1.   Each public officer upon whom a duty is expressly imposed by
     law, must execute the same without fee or reward, except
     where a fee or other compensation therefor is expressly
     allowed by law.

2.   An officer or other person, to whom a fee or other
     compensation is allowed by law, for any service, shall not
     charge or receive a greater fee or reward, for that service,
     than is so allowed.

3.   An officer, or other person, shall not demand or receive any
     fee or compensation, allowed to him by law for any service,
     unless the service was actually rendered by him; except that
     an officer may demand in advance his fee, where he is, by
     law, expressly directed or permitted to require payment
     thereof, before rendering the service.

4.   Money received by a public officer, or which shall come into
     his possession or custody, in the performance of his
     official duties or in connection therewith or incidental
     thereto, shall be held by him in trust for the person or
     persons entitled thereto or for the purposes provided by law
     and all interest or increments which shall accrue or attach
     to such money while in his possession or custody shall be
     added to, and become a part of, the money so held and no
     part of such interest or increments shall be retained by
     such officer to his personal use or benefit, except legal
     fees allowed by law for receiving and disbursing the same,
     notwithstanding the provisions of any general or special
     law.

     An officer or other person, who violates either of the
     provisions contained in this section, is liable, in addition
     to the punishment prescribed by law for the criminal
     offense, to an action in behalf of the person aggrieved, in
     which the plaintiff is entitled to treble damages.


Sec. 67-a.     Fees for certification or exemplification.

Whenever there shall be presented to any public officer for
certification or exemplification, a previously prepared legibly
typewritten or printed copy of any document, paper, book or
record in such officer's custody, the fees in such case, for
certification or exemplification, shall be at the rate of three
cents for each folio; but the minimum total charge for
certification or exemplification in all cases shall be twenty-
five cents.


Sec. 68.  Allowance of additional fees and expenses.

Where an officer or other person is required, in the course of a
duty imposed upon him by law, to take an oath, to acknowledge an
instrument, to cause an instrument to be filed or recorded, or to
transmit a paper to another officer, he is entitled, in addition
to the fees, or other compensation for the service, prescribed by
law, to the fees necessarily paid by him, to the officer who
administered the oath, or took the acknowledgment, or filed or
recorded the instrument; and to the expense of transmitting the
paper, including postage, where the transmission is lawfully made
through the post-office.


Section 68-a. Fees for oath or acknowledgment.

Any officer, authorized to perform the services specified in this
section, and to receive fees therefor, is entitled to the
following fees:

1.   For administering an oath or affirmation, and certifying the
     same when required, except where another fee is specially
     prescribed by statute, two dollars.

2.   For taking and certifying the acknowledgment or proof of the
     execution of a written instrument; by one person, two
     dollars; and by each additional person, two dollars; for
     swearing each witness thereto, two dollars.


Sec. 69.  Fee for administering certain official oaths
          prohibited.

An officer is not entitled to a fee, for administering the oath
of office to a member of the legislature, to any military
officer, to an inspector of election, clerk of the poll, or to
any other public officer or public employee.


Sec. 69-a.     Interest to be paid and collected on all deposits
               of public moneys amounting to one thousand dollars
               or more.

Within twenty days of the taking effect of this section, interest
shall be required to be paid, if not already so provided by law,
on all deposits of public moneys amounting to one thousand
dollars or more made by a state, local or other public officer or
employee for or on behalf of the state or the county, city, town,
village, school district or other public instrumentality or for
or on behalf of any pension system or fund maintained by law for
any of the employees of the state, county, city, town, village,
school district or other public instrumentality, as the case may
be, to which such moneys belong. Within twenty days after this
section takes effect and, in the case of public officers or
employees hereafter elected or appointed within twenty days after
entering upon the duties of his office or employment, every
public officer or employee charged with the care and custody of
public moneys and/or of moneys entrusted to his care and custody
by virtue of his office or employment shall agree with the
depositary thereof upon the rate of interest to be paid thereon
and such rate of interest shall thereupon and thereafter be paid
by said depositary at such time or times as shall be agreed upon.
All interest on such deposits shall be accounted for by the
depositing officer or employee in the same manner as other moneys
received by such officer or employee by virtue of his office or
employment.

Nothing contained in this section or in any other general or
special law shall authorize, enable or require any state, local
or other public officer or employee, to demand or require of any
banking corporation or private banker, any agreement to pay, or
payment of, interest upon any deposit of public moneys or any
deposit made for or on behalf of the state or the county, city,
town, village, school district or other public instrumentality,
board, agency or authority, or for or on behalf of any pension
system or fund maintained by law for any of the employees of the
state, county, city, town, village, school district or other
public board, agency, instrumentality or authority, as the case
may be, if payment of interest upon any such deposit is at the
time prohibited by state or federal law or by any regulation of
either the banking board of this state, or of the board of
governors of the federal reserve system, or of the board of
directors of the Federal Deposit Insurance Corporation.


Sec. 70.  Accounting for fees.

Where a public officer is required, by law, to keep an account
of, or to pay over, the fees or other moneys, received by him for
official services, he must include therein all sums, received by
him, to which he was entitled, by reason of any act, performed by
him in his official capacity; whether the act did or did not
pertain to his office, or to the business thereof.


Section 70-a.  Fees to be paid by public officers for public
               advertisements.

The charge for the publication of concurrent resolutions,
proposed constitutional amendments, propositions or questions to
be submitted to the voters of the state, tax sales and official
notices required to be published by state boards, commissions or
officers in newspapers of the state, shall be paid from the
treasury on the audit and warrant of the comptroller, after
certification by the proper officer that such a publication has
been regularly made as prescribed by law. The charge for the
publication, if authorized by law, of digests of laws of a local
nature in the newspaper designated to publish such digests shall
be paid by the several counties of the state in which such laws
may be published, upon like certification. The charge for the
publication of concurrent resolutions, proposed constitutional
amendments, propositions or questions to be submitted to the
voters of the state or of any political subdivision thereof or
therein, tax sales by the state or any county or municipality
therein, and of all official notices and advertisements
authorized or required by law to be published at the expense of
the state or of a county, city, town, village, public authority,
public benefit corporation or other political or civil
subdivision of the state, shall be at the rate of twenty-nine
cents per line of a column width not less than ten pica ems,
provided that in computing such charge per line the line shall
average at least five words for each insertion in newspapers
having less than two thousand five hundred circulation; twenty-
nine and one-half cents per line for newspapers having two
thousand five hundred or more circulation and less than five
thousand; thirty and one-half cents per line for newspapers
having five thousand or more circulation and less than seven
thousand and five hundred; thirty-one and one-half cents per line
for newspapers having seven thousand five hundred or more
circulation and less than ten thousand; thirty-two and one-half
cents per line for newspapers having ten thousand or more
circulation and less than fifteen thousand; and three and one-
half cents per line in addition to the thirty-two and one-half
cents for the initial fifteen thousand circulation, for each
additional five thousand circulation up to thirty-five thousand
circulation and one and one-half cents per line for each
additional five thousand possessed by such newspapers. To all of
the above rates nine cents per line shall be added to the initial
insertion charge of each separate advertisement. To all of the
above rates for the initial insertion eight cents per line shall
also be added for tabular matter or intricate composition.
Display advertising shall be charged agate measurement, fourteen
lines to each inch, ten to thirteen pica ems wide, depending on
the makeup of the newspaper publishing such copy. Every newspaper
printed, published or having its principal office outside of a
city having a population of over three hundred fifty thousand
inhabitants, as a condition precedent to designation as the
official newspaper of any county, city, town, village or other
political or civil subdivision of the state or for the making of
claim for compensation under the foregoing provisions of this
section, must be established at least one year and entered in the
post office as second class matter.

This rate shall not apply to any newspaper printed, principally
circulated or having its principal office in the counties of New
York or Bronx within the first judicial district or in the county
of Kings within the second judicial district or in the county of
Nassau within the tenth judicial district or in the county of
Queens within the eleventh judicial district or in the county of
Westchester within the ninth judicial district or in any city
having a population of over one hundred seventy-five thousand
inhabitants within the seventh and eighth judicial districts,
where the rate for such publication may be equal to, but shall
not exceed, the regularly established classified advertising rate
of such newspapers. In reckoning line charges allowance shall be
made for date lines, paragraph endings, titles, signatures, and
similar short lines as full lines where the same are set to
conform to the usual rules of composition. Every newspaper
printed, published or having its principal office outside of a
city having a population of over three hundred fifty thousand
inhabitants designated for the publication of concurrent
resolutions, proposed constitutional amendments, propositions or
questions to be submitted to the voters of the state and making
claim for compensation must be established at least one year,
entered in the post office as second class matter and be printed
and published in the town, village or city or its post office
address and except newspapers designated, printed, published and
having their principal offices in a city having a population of
more than three hundred fifty thousand in- habitants, shall
attach to such claim an affidavit of the circulation of such
newspaper for the six months period ending March thirty-first or
September thirtieth immediately preceding, which shall be used as
the basis of circulation rating. Papers printed, published and
having their principal offices outside a city having a population
of more than three hundred fifty thousand inhabitants shall
accept the minimum rate per line until such time as they
establish to the satisfaction of the state comptroller sufficient
circulation to entitle them to a higher rate. It shall be the
duty of each board of supervisors in the several counties of the
state, in making out the assessment rolls, to assess and levy on
the taxable property of the county whose representatives they
are, such sums as shall be sufficient to defray the expense of
publishing the digest of laws of a local nature, if such
publication be authorized, applicable only to the county
affected, in the newspaper designated. Notwithstanding any
provision of this section to the contrary, any publication which
was designated and publishing notice as an official newspaper
prior to the year nineteen hundred forty and continued to be so
designated and publishing for at least thirty years after such
year, which has been designated for the publication of concurrent
resolutions, proposed constitutional amendments, propositions or
questions to be submitted to the voters of the state, may make
claim for compensation pursuant to the provisions of this
section.


Sec. 70-b.     Certificate on printed copies of laws.

1.   A published or printed copy of a law shall be entitled to be
     read into evidence if it is:

     (a)  Contained in a book or pamphlet published under the
          direction of the temporary president of the senate and
          speaker of the assembly pursuant to the provisions of
          section forty-four of the legislative law; or

     (b)  Certified to be a slip copy of a session law printed
          under the direction of the temporary president of the
          senate and speaker of the assembly; or

     (c)  Contained in a book or pamphlet, or supplement thereto,
          and certified by the temporary president of the senate
          and speaker of the assembly to be a correct transcript
          of the text of such law as last amended; or

     (d)  Certified as a correct transcript of the text of such
          law by the secretary of state.

2.   A published or printed copy of the administrative code of
     the city of New York shall be entitled to be read into
     evidence if it is contained in a book or pamphlet, or
     supplement thereto and certified by the temporary president
     of the senate and the speaker of the assembly to be a
     correct transcript of the text of such code as last amended;
     provided, however, that whenever the provisions of such code
     contain amendments, additions or repeals effected by passage
     of local laws by the city council of the city of New York,
     certification by the temporary president of the senate and
     the speaker of the assembly shall not be made unless prior
     thereto certified or official copies of such local laws have
     been transmitted by the city clerk of the city of New York
     to the New York state legislative bill drafting commission
     at its office in Albany.


Sec. 71.  Vacations for employees of the state.

The executive officers of every public department, bureau,
commission, or board of the state are authorized and empowered to
grant to every employee under their supervision, who shall have
been in such employ for at least one year, a vacation of not less
than two weeks in each year, and for such further period of time
as in the opinion and judgment of the executive officers, the
duties, position, length of service and other circumstances may
warrant, at such time as the executive officers may fix and
during such vacation the said employee shall be allowed the same
compensation as if actually employed. The provisions of this
section shall not apply to any employee who is subject to the
rules governing sick leave, vacation and other time allowances
adopted by the state civil service commission pursuant to law.


Sec. 72.  Notices and reports of claims, suits or causes of
          action to be given to the attorney-general.

1.   Every officer, clerk, agent or employee of any department of
     the state government, who shall have knowledge of any
     accident or injury to the person or property of any person
     or corporation, on account of which there arises or may
     arise a claim, suit or cause of action against the state, or
     of any accident or injury to property owned by the state, on
     account of which there arises or may arise a claim, suit or
     cause of action in favor of the state, shall immediately
     give notice thereof to the officer or employee in charge of
     his bureau or department.

2.   Every department, commission, board or officer, or the
     person in charge thereof, who has knowledge that a claim has
     accrued or may have accrued or made either against, or in
     favor of, the state, or of any accident or injury to the
     person or property of any person or corporation, or of the
     state on account of which there arises or may arise a claim,
     suit or cause of action against, or in favor of, the state,
     or an officer thereof, shall immediately give notice to the
     attorney-general, stating the time when, and the place
     where, such claim, suit or cause of action may have arisen,
     and the nature of the same, and such other information and
     evidence as the attorney-general may direct or deem
     necessary. The attorney-general shall make such
     investigation of the facts, relating to any matter so
     reported, as he may deem necessary.


Sec. 72-a.     Penalty of officer for failure to execute mandate
               and make return.

An officer who fails to execute a mandate according to its
command and make a return thereon of his proceedings is liable to
the party aggrieved for the damages sustained by him, in addition
to any other punishment or proceeding authorized by law.


Section 73.    Business or professional activities by state
               officers and employees and party officers.

1.   As used in this section:

(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
     accordance 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.

(b)  The term "licensing" shall mean any state agency activity,
     other than before the division of corporations and state
     records in the department of state, respecting the grant,
     denial, renewal, revocation, enforcement, suspension,
     annulment, withdrawal, recall, cancellation or amendment of
     a license, permit or other form of permission conferring the
     right or privilege to engage in (i) a profession, trade, or
     occupation or (ii) any business or activity regulated by a
     regulatory agency as defined herein, which in the absence of
     such license, permit or other form of permission would be
     prohibited.

(c)  The term "legislative employee" shall mean any officer or
     employee of the legislature but it shall not include members
     of the legislature.

(d)  The term "ministerial matter" shall mean an administrative
     act carried out in a prescribed manner not allowing for
     substantial personal discretion.

(e)  The term "regulatory agency" shall mean the banking
     department, insurance department, state liquor authority,
     department of agriculture and markets, department of
     education, department of environmental conservation,
     department of health, division of housing and community
     renewal, department of state, other than the division of
     corporations and state records, department of public
     service, the industrial board of appeals in the department
     of labor and the department of law, other than when the
     attorney general or his agents or employees are performing
     duties specified in section sixty-three of the executive
     law.

(f)  The term "representative capacity" shall mean the
     presentation of the interests of a client or other person
     pursuant to an agreement, express or implied, for
     compensation for services.

(g)  The term "state agency" shall mean any state department, or
     division, board, commission, or bureau of any state
     department, any public benefit corporation, public authority
     or commission at least one of whose members is appointed by
     the governor, or the state university of New York or the
     city university of New York, including all their constituent
     units except community colleges and the independent
     institutions operating statutory or contract colleges on
     behalf of the state.

(h)  The term "statewide elected official" shall mean the
     governor, lieutenant governor, comptroller or attorney
     general.

(i)  The term "state officer or employee" shall mean:

     (i)   heads of state departments and their deputies and
           assistants other than members of the board of regents
           of the university of the state of New York who
           receive no compensation or are compensated on a per
           diem basis;

     (ii)  officers and employees of statewide elected
           officials;

     (iii) officers and employees of state departments, boards,
           bureaus, divisions, commissions, councils or other
           state agencies other than officers of such boards,
           commissions or councils who receive no compensation
           or are compensated on a per diem basis; and

     (iv)  members or directors of public authorities, other
           than multi-state authorities, public benefit
           corporations and commissions at least one of whose
           members is appointed by the governor, who receive
           compensation other than on a per diem basis, and
           employees of such authorities, corporations and
           commissions.

(j)  The term "city agency" shall mean a city, county, borough or
     other office, position, administration, department,
     division, bureau, board, commission, authority, corporation
     or other agency of government, the expenses of which are
     paid in whole or in part from the city treasury, and shall
     include the board of education, the board of higher
     education, school boards, city and community colleges,
     community boards, the New York city transit authority, the
     New York city housing authority and the Triborough bridge
     and tunnel authority, but shall not include any court or
     corporation or institution maintaining or operating a public
     library, museum, botanical garden, arboretum, tomb, memorial
     building, aquarium, zoological garden or similar facility.

(k)  The term "political party chairman" shall mean:

     (i)   the chairman of the state committee of a party
           elected as provided in section 2-112 of the election
           law and his or her successor in office;

     (ii)  the chairman of a county committee elected as
           provided in section 2-112 of the election law and his
           or her successor in office from a county having a
           population of three hundred thousand or more or who
           receives compensation or expenses, or both, during
           the calendar year aggregating thirty thousand dollars
           or more; and

     (iii) that person (usually designated by the rules of a
           county committee as the "county leader" or "chairman
           of the executive committee") by whatever title
           designated, who pursuant to the rules of a county
           committee or in actual practice, possesses or
           performs any or all of the following duties or roles,
           provided that such person was elected from a county
           having a population of three hundred thousand or more
           or was a person who received compensation or
           expenses, or both, from constituted committee or
           political committee funds, or both, during the
           reporting period aggregating thirty thousand dollars
           or more:

          (A)  the principal political, executive and
               administrative officer of the county committee;

          (B)  the power of general management over the affairs
               of the county committee;

          (C)  the power to exercise the powers of the chairman
               of the county committee as provided for in the
               rules of the county committee;

          (D)  the power to preside at all meetings of the county
               executive committee, if such a committee is
               created by the rules of the county committee or
               exists de facto, or any other committee or
               subcommittee of the county committee vested by
               such rules with or having de facto the power of
               general management over the affairs of the county
               committee at times when the county committee is
               not in actual session;

          (E)  the power to call a meeting of the county
               committee or of any committee or subcommittee
               vested with the rights, powers, duties or
               privileges of the county committee pursuant to the
               rules of the county committee, for the purpose of
               filling an office at a special election in
               accordance with section 6-114 of the election law,
               for the purpose of filling a vacancy in accordance
               with section 6-116 of such law; or

          (F)  the power to direct the treasurer of the party to
               expend funds of the county committee.

The terms "constituted committee" and "political committee", as
used in this paragraph (k), shall have the same meanings as those
contained in section 14-100 of the election law.

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, whereby his compensation is
     to be dependent or contingent upon any action by such agency
     with respect to any license, contract, certificate, ruling,
     decision, opinion, 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.

3.   (a)  No statewide elected official, member of the
          legislature, legislative employee, full-time salaried
          state officer or employee shall receive, directly or
          indirectly, or enter into any agreement express or
          implied for, any compensation, in whatever form, for
          the appearance or rendition of services by himself or
          another against the interest of the state in relation
          to any case, proceeding, application or other matter
          before, or the transaction of business by himself or
          another with, the court of claims.

     (b)  No state officer or employee who is required to file an
          annual statement of financial disclosure pursuant to
          the provisions of section seventy-three-a of this
          article, and is not otherwise subject to the provisions
          of this section, shall receive, directly or indirectly,
          or enter into any agreement express or implied, for any
          compensation, in whatever form, for the appearance or
          rendition of services by himself or another against the
          interest of the state agency by which he is employed or
          affiliated in relation to any case, proceeding,
          application or other matter before, or the transaction
          of business by himself or another with, the court of
          claims.

4.   (a)  No statewide elected official, state officer or
          employee, member of the legislature, legislative
          employee or political party chairman or firm or
          association of which such person is a member, or
          corporation, ten per centum or more of the stock of
          which is owned or controlled directly or indirectly by
          such person, shall (i) sell any goods or services
          having a value in excess of twenty-five dollars to any
          state agency, or (ii) contract for or provide such
          goods or services with or to any private entity where
          the power to contract, appoint or retain on behalf of
          such private entity is exercised, directly or
          indirectly, by a state agency or officer thereof,
          unless such goods or services are provided pursuant to
          an award or contract let after public notice and
          competitive bidding. This paragraph shall not apply to
          the publication of resolutions, advertisements or other
          legal propositions or notices in newspapers designated
          pursuant to law for such purpose and for which the
          rates are fixed pursuant to law.

     (b)  No political party chairman of a county wholly included
          in a city with a population of more than one million,
          or firm or association of which such person is a
          member, or corporation, ten per centum or more of the
          stock of which is owned or controlled directly or
          indirectly by such person, shall (i) sell any goods or
          services having a value in excess of twenty-five
          dollars to any city agency, or (ii) contract for or
          provide such goods or services with or to any private
          entity where the power to contract, appoint or retain
          on behalf of such private entity is exercised directly
          or indirectly, by a city agency or officer thereof,
          unless such goods or services are provided pursuant to
          an award or contract let after public notice and
          competitive bidding. This paragraph shall not apply to
          the publication of resolutions, advertisements or other
          legal propositions or notices in newspapers designated
          pursuant to law for such purpose and for which the
          rates are fixed pursuant to law.

     (c)  For purposes of this subdivision, the term "services"
          shall not include employment as an employee.

5.   No statewide elected official, state officer or employee,
     member of the legislature or legislative employee shall,
     directly or indirectly, solicit, accept or receive any gift
     having a value of seventy-five dollars or more whether in
     the form of money, service, loan, travel, entertainment,
     hospitality, thing or promise, or in any other form, under
     circumstances 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 official,
     or any state officer or employee, member of the legislature
     or legislative employee under such circumstances.

6.   (a)  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 a financial disclosure
          statement of

          (1)  each financial interest, direct or indirect of
               himself, his spouse and his unemancipated children
               under the age of eighteen years in any activity
               which is subject to the jurisdiction of a
               regulatory agency or name of the entity in which
               the interest is had and whether such interest is
               over or under five thousand dollars in value.

          (2)  every office and directorship held by him in any
               corporation, firm or enterprise which is subject
               to the jurisdiction of a regulatory agency,
               including the name of such corporation, firm or
               enterprise.

          (3)  any other interest or relationship which he
               determines in his discretion might reasonably be
               expected to be particularly affected by
               legislative action or in the public interest
               should be disclosed.

     (b)  Copies of such statements shall be open to public
          inspection.

     (c)  Any such legislative employee who knowingly and
          wilfully with intent to deceive makes a false statement
          or gives information which he knows to be false in any
          written statement required to be filed pursuant to this
          subdivision, shall be assessed a civil penalty in an
          amount not to exceed ten thousand dollars. Assessment
          of a civil penalty shall be made by the legislative
          ethics committee in accordance with the provisions of
          subdivision twelve of section eighty of the legislative
          law. For a violation of this subdivision, the committee
          may, in lieu of a civil penalty, refer a violation to
          the appropriate prosecutor and upon conviction, but
          only after such referral, such violation shall be
          punishable as a class A misdemeanor.

7.   (a)  No statewide elected official, or state officer or
          employee, other than in the proper discharge of
          official duties, or member of the legislature or
          legislative employee, or political party chairman shall
          receive, directly or indirectly, or enter into any
          agreement express or implied for, any compensation, in
          whatever form, for the appearance or rendition of
          services by himself or another in relation to any case,
          proceeding, application or other matter before a state
          agency where such appearance or rendition of services
          is in connection with:

          (i)   the purchase, sale, rental or lease of real
                property, goods or services, or a contract
                therefor, from, to or with any such agency;

          (ii)  any proceeding relating to rate making;

          (iii) the adoption or repeal of any rule or regulation
                having the force and effect of law;

          (iv)  the obtaining of grants of money or loans;

          (v)   licensing; or

          (vi)  any proceeding relating to a franchise provided
                for in the public service law.

     (b)  No political party chairman in a county wholly included
          in a city having a population of one million or more
          shall receive, directly or indirectly, or enter into
          any agreement express or implied for, any compensation,
          in whatever form, for the appearance or rendition of
          services by himself or another in relation to any case,
          proceeding, application or other matter before any city
          agency where such appearance or rendition of services
          is in connection with:

          (i)   the purchase, sale, rental or lease of real
                property, goods or services, or a contract
                therefor, from, to or with any such agency;

          (ii)  any proceeding relating to ratemaking;

          (iii) the adoption or repeal of any rule or regulation
                having the force and effect of law;

          (iv)  the obtaining of grants of money or loans;

          (v)   licensing. For purposes of this paragraph, the
                term "licensing" shall mean any city agency
                activity respecting the grant, denial, renewal,
                revocation, enforcement, suspension, annulment,
                withdrawal, recall, cancellation or amendment of
                a license, permit or other form of permission
                conferring the right or privilege to engage in
                (i) a profession, trade, or occupation or (ii)
                any business or activity regulated by a
                regulatory agency of a city agency which in the
                absence of such license, permit or other form of
                permission would be prohibited; and

          (vi) any proceeding relating to a franchise.

     (c)  Nothing contained in this subdivision shall prohibit a
          statewide elected official, or a state officer or
          employee, unless otherwise prohibited, or a member of
          the legislature or legislative employee, or political
          party chairman, from appearing before a state agency in
          a representative capacity if such appearance in a
          representative capacity is in connection with a
          ministerial matter.

     (d)  Nothing contained in this subdivision shall prohibit a
          member of the legislature, or a legislative employee on
          behalf of such member, from participating in or
          advocating any position in any matter in an official or
          legislative capacity, including, but not limited to,
          acting as a public advocate whether or not on behalf of
          a constituent. Nothing in this paragraph shall be
          construed to limit the application of the provisions of
          section seventy-seven of this chapter.

     (e)  Nothing contained in this subdivision shall prohibit a
          state officer or employee from appearing before a state
          agency in a representative capacity on behalf of an
          employee organization in any matter where such
          appearance is duly authorized by an employee
          organization.

     (f)  Nothing contained in this subdivision shall prohibit a
          political party chairman from participating in or
          advocating any matter in an official capacity.

     (g)  Nothing contained in this subdivision shall prohibit
          internal research or discussion of a matter, provided,
          however, that the time is not charged to the client and
          the person does not share in the net revenues generated
          or produced by the matter.

8.   (a)  No person who has served as a state officer or
          employee shall within a period of two years after the
          termination of such service or employment appear or
          practice before such state agency or receive
          compensation for any services rendered by such former
          officer or employee on behalf of any person, firm,
          corporation or association in relation to any case,
          proceeding or application or other matter before such
          agency.

     (b)  No person who has served as a state officer or employee
          shall after the termination of such service or
          employment appear, practice, communicate or otherwise
          render services before any state agency or receive
          compensation for any such services rendered by such
          former officer or employee on behalf of any person,
          firm, corporation or other entity in relation to any
          case, proceeding, application or transaction with
          respect to which such person was directly concerned and
          in which he or she personally participated during the
          period of his or her service or employment, or which
          was under his or her active consideration.

     (c)  No person who has served as a member of the legislature
          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 who is required to file an annual statement of
          financial disclosure pursuant to the provisions of
          section seventy-three-a of this chapter shall during
          the term of office of the legislature in which he or
          she was so employed, receive compensation at any time
          during the remainder of such term after leaving the
          employ of the legislature 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 in
          relation to any matter with respect to which such
          person was directly concerned and in which he
          personally participated during the period of his
          service or employment. A legislative employee who acted
          primarily in a supervisory capacity in such matter and
          who was not personally involved in the development,
          negotiation or implementation of the matter to an
          important and material degree, may, with the approval
          of the legislative ethics committee, receive such
          compensation and perform such services.

     (d)  Nothing contained in this subdivision shall prohibit
          any state agency from adopting rules concerning
          practice before it by former officers or employees more
          restrictive than the requirements of this subdivision.

     (e)  This subdivision shall not apply to any appearance,
          practice, communication or rendition of services before
          any state agency, or either house of the legislature,
          or to the receipt of compensation for any such
          services, rendered by a former state officer or
          employee or former member of the legislature or
          legislative employee, which is made while carrying out
          official duties as an elected official or employee of a
          federal, state or local government or one of its
          agencies.

     (f)  Nothing in this subdivision shall be deemed to prevent
          a former state officer or employee who was employed on
          a temporary basis to perform routine clerical services,
          mail services, data entry services or other similar
          ministerial tasks, from subsequently being employed by
          a person, firm, corporation or association under
          contract to a state agency to perform such routine
          clerical services, mail services, data entry services
          or other similar ministerial tasks; provided however,
          this paragraph shall in no event apply to any such
          state officer or employee who was required to file an
          annual statement of financial disclosure pursuant to
          section seventy-three-a of this article.

8-a. The provisions of paragraphs (a) and (b) of subdivision
     eight of this section shall not apply to any such former
     state officer or employee engaged in any of the specific
     permitted activities defined in this subdivision that are
     related to any civil action or proceeding in any state or
     federal court, provided that the attorney general has
     certified in writing to the state ethics commission, with a
     copy to such former state officer or employee, that the
     services are rendered on behalf of the state, a state
     agency, state officer or employee, or other person or entity
     represented by the attorney general, and that such former
     state officer or employee has expertise, knowledge or
     experience which is unique or outstanding in a field or in a
     particular matter or which would otherwise be generally
     unavailable at a comparable cost to the state, a state
     agency, state officer or employee, or other person or entity
     represented by the attorney general in such civil action or
     proceeding. For purposes of this subdivision the term
     "permitted activities" shall mean generally any activity
     performed at the request of the attorney general or the
     attorney general's designee, including without limitation:

     (a)  preparing or giving testimony or executing one or more
          affidavits;

     (b)  gathering, reviewing or analyzing information,
          including documentary or oral information concerning
          facts or opinions, attending depositions or
          participating in document review or discovery;

     (c)  performing investigations, examinations, inspections or
          tests of persons, documents or things;

     (d)  performing audits, appraisals, compilations or
          computations, or reporting about them;

     (e)  identifying information to be sought concerning facts
          or opinions; or

     (f)  otherwise assisting in the preparation for, or conduct
          of, such litigation.

     Nothing in this subdivision shall apply to the provision of
     legal representation by any former state officer or
     employee.

9.   No party officer while serving as such shall be eligible to
     serve as a judge of any court of record, attorney-general or
     deputy or assistant attorney-general or solicitor general,
     district attorney or assistant district attorney. As used in
     this subdivision, the term "party officer" shall mean a
     member of a national committee, an officer or member of a
     state committee or a county chairman of any political party.

10.  Nothing contained in this section, the judiciary law, the
     education 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 shareholder, 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
     legislative 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
     jurisdictions, 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 transacting 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 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
     jurisdictions, resulting therefrom, or, acting in good
     faith, reasonably believed that he or she would not share in
     the net revenues as so defined.

11.  Notwithstanding any provision of the judiciary law, the
     education law or any other law or disciplinary rule to the
     contrary:

     (a)  Conduct authorized pursuant to subdivision eight of
          this section by a person who has served as a member of
          the legislature or as a legislative employee shall not
          constitute professional misconduct or grounds for
          disciplinary action of any kind;

     (b)  No member of the legislature or former member of the
          legislature shall be prohibited from appearing,
          practicing, communicating or otherwise rendering
          services in relation to any matter before, or
          transacting business with, any state agency solely by
          reason of any vote or other action by such member or
          former member in respect to the confirmation or
          election of any member, commissioner, director or other
          person affiliated with such state agency, but nothing
          in this paragraph shall limit the prohibition contained
          in subdivision eight of this section;

     (c)  The appearance, practice, communication or rendition of
          services in relation to any matter before, or
          transaction of business with a state agency, or with
          the court of claims, or the promotion or opposition to
          the passage of bills or resolutions by either house of
          the legislature, by a member, associate, retired
          member, of counsel or shareholder of a firm,
          association or corporation, in accordance with
          subdivision ten of this section, is hereby authorized
          and shall not constitute professional misconduct or
          grounds for disciplinary action of any kind solely by
          reason of the professional relationship between the
          statewide elected official, state officer or employee,
          political party chairman, member of the legislature, or
          legislative employee and any firm, association,
          corporation or any member, associate, retired member,
          of counsel, or shareholder thereof, or by reason of the
          appearance created by any such professional
          relationship.

12.  A statewide elected official, state officer or employee, or
     a member of the legislature or legislative employee, or
     political party chairman, who is a member, associate,
     retired member, of counsel to, or shareholder of any firm,
     association or corporation which is appearing or rendering
     services in connection with any case, proceeding,
     application or other matter listed in paragraph (a) or (b)
     of subdivision seven of this section shall not orally
     communicate, with or without compensation, as to the merits
     of such cause with an officer or an employee of the agency
     concerned with the matter.

13.  For the purposes of this section, a statewide elected
     official or state officer or employee or member of the
     legislature or legislative employee or political party
     chairman who is a member, associate, retired member, of
     counsel to, or shareholder of any firm, association or
     corporation shall not be deemed to have made an appearance
     under the provisions of this section solely by the
     submission to a state agency or city agency of any printed
     material or document bearing his or her name, but unsigned
     by him or her, such as by limited illustrations the name of
     the firm, association or corporation or the letterhead of
     any stationery, which pro forma serves only as an indication
     that he or she is such a member, associate, retired member,
     of counsel to, or shareholder.

14.  In addition to any penalty contained in any other provision
     of law, any person who knowingly and intentionally violates
     the provisions of subdivisions two through five or
     subdivision seven, eight or twelve of 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 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, with respect to a violation of subdivisions two
     through five or subdivision seven or eight of this section,
     refer a violation of any such subdivision to the appropriate
     prosecutor and upon such conviction, but only after such
     referral, such violation shall be punishable as a class A
     misdemeanor.


Section 73-a.  Financial disclosure.

1.   As used in this section:

     (a)  The term "statewide elected official" shall mean the
          governor, lieutenant governor, comptroller, or attorney
          general.

     (b)  The term "state agency" shall mean any state
          department, or division, board, commission, or bureau
          of any state department, any public benefit
          corporation, public authority or commission at least
          one of whose members is appointed by the governor, or
          the state university of New York or the city university
          of New York, including all their constituent units
          except community colleges and the independent
          institutions operating statutory or contract colleges
          on behalf of the state.

     (c)  The term "state officer or employee" shall mean:

          (i)   heads of state departments and their deputies
                and assistants;

          (ii)  officers and employees of statewide elected
                officials, officers and employees of state
                departments, boards, bureaus, divisions,
                commissions, councils or other state agencies,
                who receive annual compensation in excess of the
                filing rate established by paragraph (l) of this
                subdivision or who hold policy-making positions,
                as annually determined by the appointing
                authority and set forth in a written instrument
                which shall be filed with the state ethics
                commission established by section ninety-four of
                the executive law during the month of February,
                provided, however, that the appointing authority
                shall amend such written instrument after such
                date within thirty days after the undertaking of
                policy-making responsibilities by a new employee
                or any other employee whose name did not appear
                on the most recent written instrument; and

          (iii) members or directors of public authorities,
                other than multi-state authorities, public
                benefit corporations and commissions at least
                one of whose members is appointed by the
                governor, and employees of such authorities,
                corporations and commissions who receive annual
                compensation in excess of the filing rate
                established by paragraph (l) of this subdivision
                or who hold policy-making positions, as
                determined annually by the appointing authority
                and set forth in a written instrument which
                shall be filed with the state ethics commission
                established by section ninety-four of the
                executive law during the month of February,
                provided, however, that the appointing authority
                shall amend such written instrument after such
                date within thirty days after the undertaking of
                policy-making responsibilities by a new employee
                or any other employee whose name did not appear
                on the most recent written instrument.

     (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.

     (e)  The term "spouse" shall mean the husband or wife of the
          reporting individual unless living separate and apart
          from the reporting individual with the intention of
          terminating the marriage or providing for permanent
          separation or unless separated pursuant to: (i) a
          judicial order, decree or judgment, or (ii) a legally
          binding separation agreement.

     (f)  The term "relative" shall mean such individual's
          spouse, child, stepchild, stepparent, or any person who
          is a direct descendant of the grandparents of the
          reporting individual or of the reporting individual's
          spouse.

     (g)  The term "unemancipated child" shall mean any son,
          daughter, stepson or stepdaughter who is under age
          eighteen, unmarried and living in the household of the
          reporting individual.

     (h)  The term "political party chairman" shall have the same
          meaning as ascribed to such term by subdivision one of
          section seventy-three of this chapter.

     (i)  The term "local agency" shall mean:

          (i)  any county, city, town, village, school district
               or district corporation, or any agency,
               department, division, board, commission or bureau
               thereof; and

          (ii) any public benefit corporation or public authority
               not included in the definition of a state agency.

     (j)  The term "regulatory agency" shall have the same
          meaning as ascribed to such term by subdivision one of
          section seventy-three of this chapter.

     (k)  The term "ministerial matter" shall have the same
          meaning as ascribed to such term by subdivision one of
          section seventy-three of this chapter.

     (l)  The term "filing rate" shall mean the job rate of SG-24
          as set forth in paragraph a of subdivision one of
          section one hundred thirty of the civil service law as
          of April first of the year in which an annual financial
          disclosure statement shall be filed.

2.   (a)  Every statewide elected official, state officer or
          employee, member of the legislature, legislative
          employee and political party chairman and every
          candidate for statewide elected office or for member of
          the legislature shall file an annual statement of
          financial disclosure containing the information and in
          the form set forth in subdivision three hereof. Such
          statement shall be filed on or before the fifteenth day
          of May with respect to the preceding calendar year,
          except that:

          (i)    a person who is subject to the reporting
                 requirements of this subdivision and who timely
                 filed with the internal revenue service an
                 application for automatic extension of time in
                 which to file his or her individual income tax
                 return for the immediately preceding calendar
                 or fiscal year shall be required to file such
                 financial disclosure statement on or before May
                 fifteenth but may, without being subjected to
                 any civil penalty on account of a deficient
                 statement, indicate with respect to any item of
                 the disclosure statement that information with
                 respect thereto is lacking but will be supplied
                 in a supplementary statement of financial
                 disclosure, which shall be filed on or before
                 the seventh day after the expiration of the
                 period of such automatic extension of time
                 within which to file such individual income tax
                 return, provided that failure to file or to
                 timely file such supplementary statement of
                 financial disclosure or the filing of an
                 incomplete or deficient supplementary statement
                 of financial disclosure shall be subject to the
                 notice and penalty provisions of this section
                 respecting annual statements of financial
                 disclosure as if such supplementary statement
                 were an annual statement;

          (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 within which to file
                 such statement due to justifiable cause or
                 undue hardship, 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 statement within the additional
                 period of time granted;

          (iii)  candidates for statewide office who receive a
                 party designation for nomination by a state
                 committee pursuant to section 6-104 of the
                 election law shall file such statement within
                 seven days after the date of the meeting at
                 which they are so designated;

          (iv)   candidates for statewide office who receive
                 twenty-five percent or more of the vote cast at
                 the meeting of the state committee held
                 pursuant to section 6-104 of the election law
                 and who demand to have their names placed on
                 the primary ballot and who do not withdraw
                 within fourteen days after such meeting shall
                 file such statement within seven days after the
                 last day to withdraw their names in accordance
                 with the provisions of such section of the
                 election law;

          (v)    candidates for statewide office and candidates
                 for member of the legislature who file party
                 designating petitions for nomination at a
                 primary election shall file such statement
                 within seven days after the last day allowed by
                 law for the filing of party designating
                 petitions naming them as candidates for the
                 next succeeding primary election;

          (vi)   candidates for independent nomination who have
                 not been designated by a party to receive a
                 nomination shall file such statement within
                 seven days after the last day allowed by law
                 for the filing of independent nominating
                 petitions naming them as candidates in the next
                 succeeding general or special election;

          (vii)  candidates who receive the nomination of a
                 party for a special election shall file such
                 statement within seven days after the date of
                 the meeting of the party committee at which
                 they are nominated; and

          (viii) a candidate substituted for another candidate,
                 who fills a vacancy in a party designation or
                 in an independent nomination, caused by
                 declination, shall file such statement within
                 seven days after the last day allowed by law to
                 file a certificate to fill a vacancy in such
                 party designation or independent nomination.

     (b)  As used in this subdivision, the terms "party",
          "committee" (when used in conjunction with the term
          "party"), "designation", "primary", "primary election",
          "nomination", "independent nomination" and "ballot"
          shall have the same meanings as those contained in
          section 1-104 of the election law.

     (c)  If the reporting individual is a senator or member of
          assembly, candidate for the senate or member of
          assembly or a legislative employee, such statement
          shall be filed with the legislative ethics committee
          established by section eighty of the legislative law.
          If the reporting individual is a statewide elected
          official, candidate for statewide elected office, a
          state officer or employee or a political party
          chairman, such statement shall be filed with the state
          ethics commission established by section ninety-four of
          the executive 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.

     (e)  Any person required to file such statement who
          commences employment after May fifteenth of any year
          and political party chairman shall file such statement
          within thirty days after commencing employment or of
          taking the position of political party chairman, as the
          case may be.

     (f)  A person who may otherwise be required to file more
          than one annual financial disclosure statement with
          both the state ethics commission and the legislative
          ethics committee in any one calendar year may satisfy
          such requirement by filing one such statement with
          either body and by notifying the other body of such
          compliance.

     (g)  A person who is employed in more than one employment
          capacity for one or more employers certain of whose
          officers and employees are subject to filing a
          financial disclosure statement with the same ethics
          commission or ethics committee, as the case may be, and
          who receives distinctly separate payments of
          compensation for such employment shall be subject to
          the filing requirements of this section if the
          aggregate annual compensation for all such employment
          capacities is in excess of the filing rate
          notwithstanding that such person would not otherwise be
          required to file with respect to any one particular
          employment capacity. A person not otherwise required to
          file a financial disclosure statement hereunder who is
          employed by an employer certain of whose officers or
          employees are subject to filing a financial disclosure
          statement with the state ethics commission and who is
          also employed by an employer certain of whose officers
          or employees are subject to filing a financial
          disclosure statement with the legislative ethics
          committee shall not be subject to filing such statement
          with either such commission or such committee on the
          basis that his aggregate annual compensation from all
          such employers is in excess of the filing rate.

     (h)  A statewide elected official or member of the
          legislature, who is simultaneously a candidate for
          statewide elected office or member of the legislature,
          shall satisfy the filing deadline requirements of this
          subdivision by complying only with the deadline
          applicable to one who holds a statewide elected office
          or who holds the office of member of the legislature.

     (i)  A candidate whose name will appear on both a party
          designating petition and on an independent nominating
          petition for the same office or who will be listed on
          the election ballot for the same office more than once
          shall satisfy the filing deadline requirements of this
          subdivision by complying with the earliest applicable
          deadline only.

     (j)  A member of the legislature who is elected to such
          office at a special election prior to May fifteenth in
          any year shall satisfy the filing requirements of this
          subdivision in such year by complying with the earliest
          applicable deadline only.

3.   The annual statement of financial disclosure shall contain
     the information and shall be in the form set forth
     hereinbelow:

=================================================================

ANNUAL STATEMENT OF FINANCIAL DISCLOSURE (For calendar year ____)


1. Name ________________________________________________________


2. (a) Title of Position _______________________________________
   (b) Department, Agency or other Governmental Entity _________
   (c) Address of Present Office _______________________________
   (d) Office Telephone Number _________________________________


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;
Category B - $5,000 to under $20,000;
Category C - $20,000 to under $60,000;
Category D - $60,000 to under $100,000;
Category E - $100,000 to under $250,000; and
Category F - $250,000 or over.

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 identified.

The term "calendar year" shall mean the year ending the December
31st preceding the date of filing of the annual statement.


4.(a)  list any office, trusteeship, directorship,
       partnership, or position of any nature, whether
       compensated or not, held by the reporting individual with
       any firm, corporation, association, partnership, or other
       organization other than the State of New York. Include
       compensated 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.

                                                  State or
Position            Organization                  Local Agency

_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________

  (b)  List any office, trusteeship, directorship,
       partnership, or position of any nature, whether
       compensated or not, held by the spouse or unemancipated
       child of the reporting individual, with any firm,
       corporation, association, partnership, or other
       organization other than the State of New York. Include
       compensated 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.

                                                       State or
Position            Organization                       Local
Agency

_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________


5.(a)  List the name, address and description of any
       occupation, employment (other than the employment listed
       under Item 2 above), trade, business or profession
       engaged in by the reporting individual. If such 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 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.

                                                       State or
               Name & Address                          Local
Position       of Organization     Description         Agency

_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________

  (b)  If the spouse 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 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, address and description of such
       occupation, employment, trade, business or profession and
       the name of any such agency.

                                                       State or
               Name & Address                          Local
Position       of Organization     Description         Agency

_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________


6. List any interest, in EXCESS of $1,000, held by the reporting
   individual, such individual's spouse 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 relationship of the reporting individual or such
   individual's spouse or such 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

_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________


7. List any position the reporting individual held as an officer
   of any political party or political organization, as a member
   of any political party committee, or as a political party
   district leader.

   The term "party" shall have the same meaning as "party" in
   the election law. The term "political organization" means any
   party or independent body as defined in the election law or
   any organization that is affiliated with or a subsidiary of a
   party or independent body.

_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________


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, 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, customers 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 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 this statement is filed by the reporting individual or
   such individual's spouse or unemancipated child from the same
   donor, EXCLUDING gifts from a relative. 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

_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________


10.Identify and briefly describe the source of any
   reimbursements for expenditures, EXCLUDING campaign
   expenditures and expenditures in connection with official
   duties reimbursed by the state, in EXCESS of $1,000 from each
   such source. For purposes of this item, the term
   "reimbursements" shall mean any travel-related expenses
   provided by nongovernmental sources and for activities
   related to the reporting individual's official duties such
   as, speaking engagements, conferences, or factfinding events.
   The term "reimbursements" does NOT include gifts reported
   under item 9.

   Source                                  Description
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________


11.List the identity and value, if reasonably ascertainable, of
   each interest in a trust, estate or other beneficial
   interest, including retirement plans other than retirement
   plans of the state of New York or the city of New York, and
   deferred compensation plans (e.g., 401, 403(b), 457, etc.)
   established in accordance with the internal revenue code, in
   which the REPORTING INDIVIDUAL held a beneficial interest in
   EXCESS of $1,000 at any time during the preceding year. Do
   NOT report interests in a trust, estate or other beneficial
   interest established by or for, or the estate of, a relative.

                                             Category
                                               of
   Identity                                  Value*
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________

*  The value of such interest shall be reported only if
   reasonably ascertainable.


12 (a) Describe the terms of, and the parties to, any
       contract, promise, or other agreement between the
       reporting individual and any person, firm, or corporation
       with respect to the employment of such individual after
       leaving office or position (other than a leave of
       absence).

_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________


   (b) Describe the parties to and the terms of any agreement
       providing for continuation of payments or benefits to the
       REPORTING INDIVIDUAL in EXCESS of $1,000 from a prior
       employer OTHER THAN the State. (This includes interests
       in or contributions to a pension fund, profit-sharing
       plan, or life or health insurance; buy-out agreements;
       severance payments; etc.)

_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________


13.List below the nature and amount of any income in EXCESS of
   $1,000 from EACH SOURCE for the reporting individual and such
   individual's spouse for the taxable year last occurring prior
   to the date of filing. Nature of income includes, but is not
   limited to, all income (other than that received from the
   employment listed under Item 2 above) from compensated
   employment whether public or private, directorships and other
   fiduciary positions, contractual arrangements, teaching
   income, partnerships, honorariums, lecture fees, consultant
   fees, bank and bond interest, dividends, income derived from
   a trust, real estate rents, and recognized gains from the
   sale or exchange of real or other property. Income from a
   business or profession and real estate rents shall be
   reported with the source identified by the building address
   in the case of real estate rents and otherwise by the name of
   the entity and not by the name of the individual customers,
   clients or tenants, with the aggregate net income before
   taxes for each building address or entity. The receipt of
   maintenance received in connection with a matrimonial action,
   alimony and child support payments shall not be listed.

                                                  Category
Self/                                                of
Spouse         Source         Nature              Amount

_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________


14.List the sources of any deferred income (not retirement
   income) in EXCESS of $1,000 from each source to be paid to
   the reporting individual following the close of the calendar
   year for which this disclosure statement is filed, other than
   deferred compensation reported in item 11 hereinabove.
   Deferred income derived from the practice of a profession
   shall be listed in the aggregate and shall identify as the
   source, the name of the firm, corporation, partnership or
   association through which the income was derived, but shall
   not identify individual clients.

                                                  Category
                                                  of
Source                                            Amount

_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________


15.List each assignment of income in EXCESS of $1,000, and each
   transfer other than to a relative 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.

                                                  Category
Item Assigned            Assigned or                of
or Transferred           Transferred              to Value

_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________


16.List below the type and market value of securities held by
   the reporting individual or such individual's spouse from
   each issuing entity in EXCESS of $1,000 at the close of the
   taxable year last occurring prior to the date of filing,
   including the name of the issuing entity exclusive of
   securities held by the reporting individual issued by a
   professional corporation. Whenever an interest in securities
   exists through a beneficial interest in a trust, the
   securities held in such trust shall be listed ONLY IF the
   reporting individual has knowledge thereof except where the
   reporting individual or the reporting individual's spouse has
   transferred assets to such trust for his or her benefit in
   which event such securities shall be listed unless they are
   not ascertainable by the reporting individual because the
   trustee is under an obligation or has been instructed in
   writing not to disclose the contents of the trust to the
   reporting individual. Securities of which the reporting
   individual or the reporting individual's spouse is the owner
   of record but in which such individual or the reporting
   individual's spouse has no beneficial interest shall not be
   listed. Indicate percentage of ownership ONLY if the
   reporting person or the reporting person's spouse holds more
   than five percent (5%) of the stock of a corporation in which
   the stock is publicly traded or more than ten percent (10%)
   of the stock of a corporation in which the stock is NOT
   publicly traded. Also list securities owned for investment
   purposes by a corporation more than fifty percent (50%) of
   the stock of which is owned or controlled by the reporting
   individual or such individual's spouse. For the purpose of
   this item the term "securities" shall mean mutual funds,
   bonds, mortgages, notes, obligations, warrants and stocks of
   any class, investment interests in limited or general
   partnerships and certificates of deposits (CDs) and such
   other evidences of indebtedness and certificates of interest
   as are usually referred to as securities. The market value
   for such securities shall be reported only if reasonably
   ascertainable and shall not be reported if the security is an
   interest in a general partnership that was listed in item 8
   (a) or if the security is corporate stock, NOT publicly
   traded, in a trade or business of a reporting individual or a
   reporting individual's spouse.

                                Percentage
                                of corporate
                                stock owned
                                or controlled     Category of
                                (if more than     Market Value
                                5% of pub-        as of the close
                                licly traded      of the
                                stock, or         taxable year
                                more than         last occurring
                                10% of stock      prior to
Self/      Issuing    Type of   not publicly      the filing of
Spouse     Entity     Security  traded, is held)  this statement

__________ _________  _________ ______________    ______________
__________ _________  _________ ______________    ______________
__________ _________  _________ ______________    ______________
__________ _________  _________ ______________    ______________
__________ _________  _________ ______________    ______________


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 corporation 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.

Self/                                         Percent-  Catego-
Spouse/                                       age of    ry of
Corpora-                 General Acquisition  Owner-    Market
tion    Location  Size   Nature  Date         ship      Value

______  ________  ____   ______  ___________  ________  _______
______  ________  ____   ______  ___________  ________  _______
______  ________  ____   ______  ___________  ________  _______
______  ________  ____   ______  ___________  ________  _______
______  ________  ____   ______  ___________  ________  _______


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.

                    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. 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
   interest, 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, household furniture or appliances shall
   be excluded. If any such reportable 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
__________________   _________________________    _______________
__________________   _________________________    _______________
__________________   _________________________    _______________
__________________   _________________________    _______________
__________________   _________________________    _______________


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 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 information 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, 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 procedure act, shall provide for due process
     procedural mechanisms substantially similar to those set
     forth in such article three but such mechanisms 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 practice law and
     rules.

5.   Nothing contained in this section shall be construed as
     precluding any public authority or public benefit
     corporation from exercising any authority or power now or
     hereafter existing to require any of its members, directors,
     officers or employees to file financial disclosure
     statements with such public authority or public benefit
     corporation that are the same as, different from or
     supplemental to any of the requirements contained herein and
     to provide only for internal employment discipline for any
     violation arising out of such internal filing.


Sec. 74.  Code of ethics.

1.   Definition. As used in this section: The term "state agency"
     shall mean any state department, or division, board,
     commission, or bureau of any state department or any public
     benefit corporation or public authority at least one of
     whose members is appointed by the governor.

     The term "legislative employee" shall mean any officer or
     employee of the legislature but it shall not include members
     of the legislature.

2.   Rule with respect to conflicts of interest. No officer or
     employee of a state agency, member of the legislature or
     legislative employee should have any interest, financial or
     otherwise, direct or indirect, or engage in any business or
     transaction or professional activity or incur any obligation
     of any nature, which is in substantial conflict with the
     proper discharge of his duties in the public interest.

3.   Standards.

     a.   No officer or employee of a state agency, member of the
          legislature or legislative employee should accept other
          employment which will impair his independence of
          judgment in the exercise of his official duties.

     b.   No officer or employee of a state agency, member of the
          legislature or legislative employee should accept
          employment or engage in any business or professional
          activity which will require him to disclose
          confidential information which he has gained by reason
          of his official position or authority.

     c.   No officer or employee of a state agency, member of the
          legislature or legislative employee should disclose
          confidential information acquired by him in the course
          of his official duties nor use such information to
          further his personal interests.

     d.   No officer or employee of a state agency, member of the
          legislature or legislative employee should use or
          attempt to use his official position to secure
          unwarranted privileges or exemptions for himself or
          others.

     e.   No officer or employee of a state agency, member of the
          legislature or legislative employee should engage in
          any transaction as representative or agent of the state
          with any business entity in which he has a direct or
          indirect financial interest that might reasonably tend
          to conflict with the proper discharge of his official
          duties.

     f.   An officer or employee of a state agency, member of the
          legislature or legislative employee should not by his
          conduct give reasonable basis for the impression that
          any person can improperly influence him or unduly enjoy
          his favor in the performance of his official duties, or
          that he is affected by the kinship, rank, position or
          influence of any party or person.

     g.   An officer or employee of a state agency should abstain
          from making personal investments in enterprises which
          he has reason to believe may be directly involved in
          decisions to be made by him or which will otherwise
          create substantial conflict between his duty in the
          public interest and his private interest.

     h.   An officer or employee of a state agency, member of the
          legislature or legislative employee should endeavor to
          pursue a course of conduct which will not raise
          suspicion among the public that he is likely to be
          engaged in acts that are in violation of his trust.

     i.   No officer or employee of a state agency employed on a
          full-time basis nor any firm or association of which
          such an officer or employee is a member nor corporation
          a substantial portion of the stock of which is owned or
          controlled directly or indirectly by such officer or
          employee, should sell goods or services to any person,
          firm, corporation or association which is licensed or
          whose rates are fixed by the state agency in which such
          officer or employee serves or is employed.

     j.   If any officer or employee of a state agency shall have
          a financial interest, direct or indirect, having a
          value of ten thousand dollars or more in any activity
          which is subject to the jurisdiction of a regulatory
          agency, he should file with the secretary of state a
          written statement that he has such a financial interest
          in such activity which statement shall be open to
          public inspection.

4.   Violations. In addition to any penalty contained in any
     other provision of law any such officer, member or employee
     who shall knowingly and intentionally violate any of the
     provisions of this section may be fined, suspended or
     removed from office or employment in the manner provided by
     law.


Sec. 74-a.     Duty of public officers regarding the physically
               handicapped.

It shall be the duty of each public officer responsible for the
scheduling or siting of any public hearing to make reasonable
efforts to ensure that such hearings are held in facilities that
permit barrier-free physical access to the physically
handicapped, as defined in subdivision five of section fifty of
the public buildings law.


Sec. 75.  Bribery of members of the legislature.

A person who gives or offers, or causes to be given or offered, a
bribe, or any money, property, or value of any kind, or any
promise or agreement therefor, to a member of the legislature, or
to a person who has been elected a member of the legislature, or
attempts, directly or indirectly, by menace, deceit, suppression
of truth, or other corrupt means, to influence such a member or
person to give or withhold his vote, or to absent himself from
the house of which he is, or is to become, a member, or from any
committee thereof, is punishable by imprisonment for not more
than ten years, or by a fine of not more than five thousand
dollars, or by both.


Section 76.    Receiving bribes by members of legislature.

A member of either of the houses composing the legislature of
this state, or a person elected to become a member thereof, who
asks, receives, or agrees to receive any bribe upon any
understanding that his official vote, opinion, judgment or action
shall be influenced thereby, or shall be given in any particular
manner or upon any particular side of any question or matter upon
which he may be required to act in his official capacity, shall
be guilty of a class D felony.


Sec. 77.  Unlawful fees and payments.

A member of the legislature or any officer or employee of the
legislature who asks or receives or consents or agrees to receive
any emolument, gratuity or reward or any promise of emolument,
gratuity or reward or any money, property or thing of value or of
personal advantage, except such as may be authorized by law, for
doing or omitting to do any official act, or for performing or
omitting to perform any act whatsoever directly or indirectly
related to any matter in respect to which any duty or discretion
is by or in pursuance of law imposed upon or vested in him, or
may be exercised by him by virtue of his office, or appointment
or employment or his actual relation to the matter including,
without limiting the generality of the foregoing, approving or
promoting the passage of legislation or resolutions or the
confirmation of appointees, or the conduct of investigations, and
a person who shall directly or indirectly offer or make such a
transfer to any member of the legislature or any officer or
employee of the legislature shall be guilty of a felony
punishable by imprisonment for not more than ten years or by a
fine of not more than five thousand dollars, or both.


Sec. 77-a.     Members of the legislature liable to forfeiture of
               office.

The conviction of a member of the legislature or any officer or
employee of the legislature of any of the crimes defined in
sections seventy-five, seventy-six or seventy-seven of this
chapter, shall involve as a consequence in addition to the
punishment provided in any such section a forfeiture of his
office; and shall disqualify him from ever afterwards holding any
office under this state.


Section 78.    Certification of members, officers and employees.

On or before the tenth day after any member, officer or employee
commences the performance of his duties as such, he shall file,
with the secretary of the senate, if a member, officer or
employee of that house, or with the clerk of the assembly, if a
member, officer or employee of that house, or with the secretary
of state if an officer or employee of a state agency, a
certificate acknowledging receipt of a copy of sections seventy-
three, seventy-three-a, seventy-four, seventy-five, seventy-six,
seventy-seven and seventy-eight of this chapter together with
such other material as the secretary of the senate, the clerk of
the assembly or the secretary of state may prepare related
thereto, that he has read the same and undertakes to conform to
the provisions, purposes and intent thereof and to the norms of
conduct for members, officers and employees of the legislature
and state agencies.


Sec. 79.  Fine in certain cases.

Where an officer or a member of a board or other body has without
just cause refused or neglected to perform a public duty enjoined
upon him by a special provision of law, a court may impose a
fine, not exceeding two hundred fifty dollars, upon the officer
or member who has so refused or neglected, to be paid into the
treasury of the state.

==============================================================

ARTICLE 5

DELIVERY OF PUBLIC BOOKS

Section   80.  Delivery of books and papers, money and property.

==============================================================


Sec. 80.  Delivery of books and papers, money and property.

A public officer shall demand from his predecessor in office or
any person in whose possession they may be, a delivery to such
officer of all books and papers, money and property belonging or
appertaining to such office. If such demand is refused, such
officer may make complaint thereof to any justice of the supreme
court of the district, or to the county judge of the county in
which the person refusing resides. If such justice or judge be
satisfied that such books or papers, money and property are
withheld, he shall grant an order directing the person refusing
to show cause before him at a time specified therein, why he
should not deliver the same. At such time, or at any time to
which the matter may be adjourned, on proof of the due service of
the order, such justice or judge shall proceed to inquire into
the circumstances. If the person charged with withholding such
books or papers, money and property makes affidavit before such
justice or judge that he has delivered to the officer all books
and papers, money and property in his custody which, within his
knowledge, or to his belief belong or appertain thereto, such
proceedings before such justice or judge shall cease, and such
person be discharged. If the person complained against shall not
make such oath, and it appears that any such books or papers,
money and property are withheld by him, such justice or judge
shall commit him to the county jail until he delivers such books
and papers, money and property, or is otherwise discharged
according to law. On such commitment, such justice or judge, if
required by the complainant, shall also issue his warrant
directed to any sheriff or constable, commanding him to search,
in the daytime, the places designated therein, for such books and
papers, money and property, and to bring them before such justice
or judge. If any such books and papers, money and property, are
brought before him by virtue of such warrant, he shall determine
whether they appertain to such office, and if so shall cause them
to be delivered to the complainant.


==============================================================

ARTICLE 6

FREEDOM OF INFORMATION LAW

Section        84.  Legislative declaration.

               85.  Short title.

               86.  Definitions.

               87.  Access to agency records.

               88.  Access to state legislative records.

               89.  General provisions relating to access to
                    records; certain cases.

               90.  Severability.

==============================================================


Sec. 84.  Legislative declaration.

The legislature hereby finds that a free society is maintained
when government is responsive and responsible to the public, and
when the public is aware of governmental actions. The more open a
government is with its citizenry, the greater the understanding
and participation of the public in government.

As state and local government services increase and public
problems become more sophisticated and complex and therefore
harder to solve, and with the resultant increase in revenues and
expenditures, it is incumbent upon the state and its localities
to extend public accountability wherever and whenever feasible.

The people's right to know the process of governmental decision-
making and to review the documents and statistics leading to
determinations is basic to our society. Access to such
information should not be thwarted by shrouding it with the cloak
of secrecy or confidentiality.

The legislature therefore declares that government is the
public's business and that the public, individually and
collectively and represented by a free press, should have access
to the records of government in accordance with the provisions of
this article.


Sec. 85.  Short title.

This article shall be known and may be cited as the "Freedom of
Information Law."


Sec. 86.  Definitions.

As used in this article, unless the context requires otherwise:

1.   "Judiciary" means the courts of the state, including any
     municipal or district court, whether or not of record.

2.   "State legislature" means the legislature of the state of
     New York, including any committee, subcommittee, joint
     committee, select committee, or commission thereof.

3.   "Agency" means any state or municipal department, board,
     bureau, division, commission, committee, public authority,
     public corporation, council, office or other governmental
     entity performing a governmental or proprietary function for
     the state or any one or more municipalities thereof, except
     the judiciary or the state legislature.

4.   "Record" means any information kept, held, filed, produced
     or reproduced by, with or for an agency or the state
     legislature, in any physical form whatsoever including, but
     not limited to, reports, statements, examinations,
     memoranda, opinions, folders, files, books, manuals,
     pamphlets, forms, papers, designs, drawings, maps, photos,
     letters, microfilms, computer tapes or discs, rules,
     regulations or codes.


Section 87.    Access to agency records.

1.   (a)  Within sixty days after the effective date of this
          article, the governing body of each public corporation
          shall promulgate uniform rules and regulations for all
          agencies in such public corporation pursuant to such
          general rules and regulations as may be promulgated by
          the committee on open government in conformity with the
          provisions of this article, pertaining to the
          administration of this article.

     (b)  Each agency shall promulgate rules and regulations, in
          conformity with this article and applicable rules and
          regulations promulgated pursuant to the provisions of
          paragraph (a) of this subdivision, and pursuant to such
          general rules and regulations as may be promulgated by
          the committee on open government in conformity with the
          provisions of this article, pertaining to the
          availability of records and procedures to be followed,
          including, but not limited to:

          i.   the times and places such records are available;

          ii.  the persons from whom such records may be
               obtained, and

          iii. the fees for copies of records which shall not
               exceed twenty-five cents per photocopy not in
               excess of nine inches by fourteen inches, or the
               actual cost of reproducing any other record,
               except when a different fee is otherwise
               prescribed by statute.

2.   Each agency shall, in accordance with its published rules,
     make available for public inspection and copying all
     records, except that such agency may deny access to records
     or portions thereof that:

     (a)  are specifically exempted from disclosure by state or
          federal statute;

     (b)  if disclosed would constitute an unwarranted invasion
          of personal privacy under the provisions of subdivision
          two of section eighty-nine of this article;

     (c)  if disclosed would impair present or imminent contract
          awards or collective bargaining negotiations;

     (d)  are trade secrets or are submitted to an agency by a
          commercial enterprise or derived from information
          obtained from a commercial enterprise and which if
          disclosed would cause substantial injury to the
          competitive position of the subject enterprise;

     (e)  are compiled for law enforcement purposes and which, if
          disclosed, would:

          i.   interfere with law enforcement investigations or
               judicial proceedings;

          ii.  deprive a person of a right to a fair trial or
               impartial adjudication;

          iii. identify a confidential source or disclose
               confidential information relating to a criminal
               investigation; or

          iv.  reveal criminal investigative techniques or
               procedures, except routine techniques and
               procedures;

     (f)  if disclosed would endanger the life or safety of any
          person;

     (g)  are inter-agency or intra-agency materials which are
          not:

          i.   statistical or factual tabulations or data;

          ii.  instructions to staff that affect the public;

          iii. final agency policy or determinations; or

          *iv. external audits, including but not limited to
               audits performed by the comptroller and the
               federal government; or

          * NB Repealed 99/01/01

     (h)  are examination questions or answers which are
          requested prior to the final administration of such
          questions.

     (i)  are computer access codes.

     *(j) are photographs, microphotographs, videotape or other
          recorded images prepared under authority of section
          eleven hundred eleven-a of the vehicle and traffic law.

     * NB Repealed 96/12/01

3.   Each agency shall maintain:

     (a)  a record of the final vote of each member in every
          agency proceeding in which the member votes;

     (b)  a record setting forth the name, public office address,
          title and salary of every officer or employee of the
          agency; and

     (c)  a reasonably detailed current list by subject matter,
          of all records in the possession of the agency, whether
          or not available under this article.

4.   (a)  Each state agency which maintains records
          containing trade secrets, to which access may be denied
          pursuant to paragraph (d) of subdivision two of this
          section, shall promulgate regulations in conformity
          with the provisions of subdivision five of section
          eighty-nine of this article pertaining to such records,
          including, but not limited to the following:

          (1)  the manner of identifying the records or parts;

          (2)  the manner of identifying persons within the
               agency to whose custody the records or parts will
               be charged and for whose inspection and study the
               records will be made available;

          (3)  the manner of safeguarding against any
               unauthorized access to the records.

     (b)  As used in this subdivision the term "agency" or "state
          agency" means only a state department, board, bureau,
          division, council or office and any public corporation
          the majority of whose members are appointed by the
          governor.


Section 88.    Access to state legislative records.

1.   The temporary president of the senate and the speaker of the
     assembly shall promulgate rules and regulations for their
     respective houses in conformity with the provisions of this
     article, pertaining to the availability, location and nature
     of records, including, but not limited to:

     (a)  the times and places such records are available;

     (b)  the persons from whom such records may be obtained;

     (c)  the fees for copies of such records, which shall not
          exceed twenty-five cents per photocopy not in excess of
          nine inches by fourteen inches, or the actual cost of
          reproducing any other record, except when a different
          fee is otherwise prescribed by law.

2.   The state legislature shall, in accordance with its
     published rules, make available for public inspection and
     copying:

     (a)  bills and amendments thereto, fiscal notes,
          introducers' bill memoranda, resolutions and amendments
          thereto, and index records;

     (b)  messages received from the governor or the other house
          of the legislature, and home rule messages;

     (c)  legislative notification of the proposed adoption of
          rules by an agency;

     (d)  transcripts or minutes, if prepared, and journal
          records of public sessions including meetings of
          committees and subcommittees and public hearings, with
          the records of attendance of members thereat and
          records of any votes taken;

     (e)  internal or external audits and statistical or factual
          tabulations of, or with respect to, material otherwise
          available for public inspection and copying pursuant to
          this section or any other applicable provision of law;

     (f)  administrative staff manuals and instructions to staff
          that affect members of the public;

     (g)  final reports and formal opinions submitted to the
          legislature;

     (h)  final reports or recommendations and minority or
          dissenting reports and opinions of members of
          committees, subcommittees, or commissions of the
          legislature;

     *(j) external audits conducted pursuant to section ninety-
          two of the legislative law and schedules issued
          pursuant to subdivision two of section ninety of the
          legislative law;

     * NB Repealed 99/01/01

     *(j) any other files, records, papers or documents required
          by law to be made available for public inspection and
          copying.

     * NB Effective 99/01/01

     *(k) any other files, records, papers or documents required
          by law to be made available for public inspection and
          copying.

     * NB Repealed Effective 99/01/01

3.   Each house shall maintain and make available for public
     inspection and copying: (a) a record of votes of each member
     in every session and every committee and subcommittee
     meeting in which the member votes;

     (b)  a record setting forth the name, public office address,
          title, and salary of every officer or employee; and

     (c)  a current list, reasonably detailed, by subject matter
          of any records required to be made available for public
          inspection and copying pursuant to this section.


Section 89.    General provisions relating to access to records;
               certain cases.

The provisions of this section apply to access to all records,
except as hereinafter specified:

1.   (a)  The committee on open government is continued and
          shall consist of the lieutenant governor or the
          delegate of such officer, the secretary of state or the
          delegate of such officer, whose office shall act as
          secretariat for the committee, the commissioner of the
          office of general services or the delegate of such
          officer, the director of the budget or the delegate of
          such officer, and seven other persons, none of whom
          shall hold any other state or local public office
          except the representative of local governments as set
          forth herein, to be appointed as follows: five by the
          governor, at least two of whom are or have been
          representatives of the news media, one of whom shall be
          a representative of local government who, at the time
          of appointment, is serving as a duly elected officer of
          a local government, one by the temporary president of
          the senate, and one by the speaker of the assembly. The
          persons appointed by the temporary president of the
          senate and the speaker of the assembly shall be
          appointed to serve, respectively, until the expiration
          of the terms of office of the temporary president and
          the speaker to which the temporary president and
          speaker were elected. The four persons presently
          serving by appointment of the governor for fixed terms
          shall continue to serve until the expiration of their
          respective terms. Thereafter, their respective
          successors shall be appointed for terms of four years.
          The member representing local government shall be
          appointed for a term of four years, so long as such
          member shall remain a duly elected officer of a local
          government. The committee shall hold no less than two
          meetings annually, but may meet at any time. The
          members of the committee shall be entitled to
          reimbursement for actual expenses incurred in the
          discharge of their duties.

     (b)  The committee shall:

          i.   furnish to any agency advisory guidelines,
               opinions or other appropriate information
               regarding this article;

          ii.  furnish to any person advisory opinions or other
               appropriate information regarding this article;

          iii. promulgate rules and regulations with respect to
               the implementation of subdivision one and
               paragraph (c) of subdivision three of section
               eighty-seven of this article;

          iv.  request from any agency such assistance, services
               and information as will enable the committee to
               effectively carry out its powers and duties; and

          v.   report on its activities and findings regarding
               articles six and seven of this chapter, including
               recommendations for changes in the law, to the
               governor and the legislature annually, on or
               before December fifteenth.

2.   (a)  The committee on public access to records may
          promulgate guidelines regarding deletion of identifying
          details or withholding of records otherwise available
          under this article to prevent unwarranted invasions of
          personal privacy. In the absence of such guidelines, an
          agency may delete identifying details when it makes
          records available.

     (b)  An unwarranted invasion of personal privacy includes,
          but shall not be limited to:

          i.   disclosure of employment, medical or credit
               histories or personal references of applicants for
               employment;

          ii.  disclosure of items involving the medical or
               personal records of a client or patient in a
               medical facility;

          iii. sale or release of lists of names and addresses if
               such lists would be used for commercial or fund-
               raising purposes;

          iv.  disclosure of information of a personal nature
               when disclosure would result in economic or
               personal hardship to the subject party and such
               information is not relevant to the work of the
               agency requesting or maintaining it; or

          v.   disclosure of information of a personal nature
               reported in confidence to an agency and not
               relevant to the ordinary work of such agency.

     (c)  Unless otherwise provided by this article, disclosure
          shall not be construed to constitute an unwarranted
          invasion of personal privacy pursuant to paragraphs (a)
          and (b) of this subdivision:

          i.   when identifying details are deleted;

          ii.  when the person to whom a record pertains consents
               in writing to disclosure;

          iii. when upon presenting reasonable proof of identity,
               a person seeks access to records pertaining to
               him.

2-a. Nothing in this article shall permit disclosure which
     constitutes an unwarranted invasion of personal privacy as
     defined in subdivision two of this section if such
     disclosure is prohibited under section ninety-six of this
     chapter.

3.   Each entity subject to the provisions of this article,
     within five business days of the receipt of a written
     request for a record reasonably described, shall make such
     record available to the person requesting it, deny such
     request in writing or furnish a written acknowledgement of
     the receipt of such request and a statement of the
     approximate date when such request will be granted or
     denied, including, where appropriate, a statement that
     access to the record will be determined in accordance with
     subdivision five of this section. Upon payment of, or offer
     to pay, the fee prescribed therefor, the entity shall
     provide a copy of such record and certify to the correctness
     of such copy if so requested, or as the case may be, shall
     certify that it does not have possession of such record or
     that such record cannot be found after diligent search.
     Nothing in this article shall be construed to require any
     entity to prepare any record not possessed or maintained by
     such entity except the records specified in subdivision
     three of section eighty-seven and subdivision three of
     section eighty-eight.

4.   (a)  Except as provided in subdivision five of this
          section, any person denied access to a record may
          within thirty days appeal in writing such denial to the
          head, chief executive or governing body of the entity,
          or the person therefor designated by such head, chief
          executive, or governing body, who shall within ten
          business days of the receipt of such appeal fully
          explain in writing to the person requesting the record
          the reasons for further denial, or provide access to
          the record sought. In addition, each agency shall
          immediately forward to the committee on open government
          a copy of such appeal when received by the agency and
          the ensuing determination thereon.

     (b)  Except as provided in subdivision five of this section,
          a person denied access to a record in an appeal
          determination under the provisions of paragraph (a) of
          this subdivision may bring a proceeding for review of
          such denial pursuant to article seventy-eight of the
          civil practice law and rules. In the event that access
          to any record is denied pursuant to the provisions of
          subdivision two of section eighty-seven of this
          article, the agency involved shall have the burden of
          proving that such record falls within the provisions of
          such subdivision two.

     (c)  The court in such a proceeding may assess, against such
          agency involved, reasonable attorney's fees and other
          litigation costs reasonably incurred by such person in
          any case under the provisions of this section in which
          such person has substantially prevailed, provided, that
          such attorney's fees and litigation costs may be
          recovered only where the court finds that:

          i.   the record involved was, in fact, of clearly
               significant interest to the general public; and

          ii.  the agency lacked a reasonable basis in law for
               withholding the record.

5.   (a)  (1)  A person acting pursuant to law or
               regulation who, subsequent to the effective date
               of this subdivision, submits any information to
               any state agency may, at the time of submission,
               request that the agency except such information
               from disclosure under paragraph (d) of subdivision
               two of section eighty-seven of this article. Where
               the request itself contains information which if
               disclosed would defeat the purpose for which the
               exception is sought, such information shall also
               be excepted from disclosure.

          (2)  The request for an exception shall be in writing
               and state the reasons why the information should
               be excepted from disclosure.

          (3)  Information submitted as provided in subparagraph
               one of this paragraph shall be excepted from
               disclosure and be maintained apart by the agency
               from all other records until fifteen days after
               the entitlement to such exception has been finally
               determined or such further time as ordered by a
               court of competent jurisdiction.

     (b)  On the initiative of the agency at any time, or upon
          the request of any person for a record excepted from
          disclosure pursuant to this subdivision, the agency
          shall:

          (1)  inform the person who requested the exception of
               the agency's intention to determine whether such
               exception should be granted or continued;

          (2)  permit the person who requested the exception,
               within ten business days of receipt of
               notification from the agency, to submit a written
               statement of the necessity for the granting or
               continuation of such exception;

          (3)  within seven business days of receipt of such
               written statement, or within seven business days
               of the expiration of the period prescribed for
               submission of such statement, issue a written
               determination granting, continuing or terminating
               such exception and stating the reasons therefor;
               copies of such determination shall be served upon
               the person, if any, requesting the record, the
               person who requested the exception, and the
               committee on public access to records.

     (c)  A denial of an exception from disclosure under
          paragraph (b) of this subdivision may be appealed by
          the person submitting the information and a denial of
          access to the record may be appealed by the person
          requesting the record in accordance with this
          subdivision:

          (1)  Within seven business days of receipt of written
               notice denying the request, the person may file a
               written appeal from the determination of the
               agency with the head of the agency, the chief
               executive officer or governing body or their
               designated representatives.

          (2)  The appeal shall be determined within ten business
               days of the receipt of the appeal. Written notice
               of the determination shall be served upon the
               person, if any, requesting the record, the person
               who requested the exception and the committee on
               public access to records. The notice shall contain
               a statement of the reasons for the determination.

     (d)  A proceeding to review an adverse determination
          pursuant to paragraph (c) of this subdivision may be
          commenced pursuant to article seventy-eight of the
          civil practice law and rules. Such proceeding must be
          commenced within fifteen days of the service of the
          written notice containing the adverse determination
          provided for in subparagraph two of paragraph (c) of
          this subdivision.

     (e)  The person requesting an exception from disclosure
          pursuant to this subdivision shall in all proceedings
          have the burden of proving entitlement to the
          exception.

     (f)  Where the agency denies access to a record pursuant to
          paragraph (d) of subdivision two of section eighty-
          seven of this article, the agency shall have the burden
          of proving that the record falls within the provisions
          of such exception.

     (g)  Nothing in this subdivision shall be construed to deny
          any person access, pursuant to the remaining provisions
          of this article, to any record or part excepted from
          disclosure upon the express written consent of the
          person who had requested the exception.

     (h)  As used in this subdivision the term "agency" or "state
          agency" means only a state department, board, bureau,
          division, council or office and any public corporation
          the majority of whose members are appointed by the
          governor.

6.   Nothing in this article shall be construed to limit or
     abridge any otherwise available right of access at law or in
     equity of any party to records.

7.   Nothing in this article shall require the disclosure of the
     home address of an officer or employee, former officer or
     employee, or of a retiree of a public employees' retirement
     system; nor shall anything in this article require the
     disclosure of the name or home address of a beneficiary of a
     public employees' retirement system or of an applicant for
     appointment to public employment; provided however, that
     nothing in this subdivision shall limit or abridge the right
     of an employee organization, certified or recognized for any
     collective negotiating unit of an employer pursuant to
     article fourteen of the civil service law, to obtain the
     name or home address of any officer, employee or retiree of
     such employer, if such name or home address is otherwise
     available under this article.

8.   Any person who, with intent to prevent the public inspection
     of a record pursuant to this article, willfully conceals or
     destroys any such record shall be guilty of a violation.


Sec. 90.  Severability.

If any provision of this article or the application thereof to
any person or circumstances is adjudged invalid by a court of
competent jurisdiction, such judgment shall not affect or impair
the validity of the other provisions of the article or the
application thereof to other persons and circumstances.

==============================================================

ARTICLE 6-A

PERSONAL PRIVACY PROTECTION LAW

Section        91.  Short title.

               92.  Definitions.

               93.  Powers and duties of the committee.

               94.  Agency obligations.

               95.  Access to records.

               96.  Disclosure of records.

               97.  Civil remedies.

               98.  No waiver.

               99.  Executive authority.

==============================================================


Section 91.    Short title.

This article shall be known as the "personal privacy protection
law".


Section 92.    Definitions.

(1)  Agency. The term "agency" means any state board, bureau,
     committee, commission, council, department, public
     authority, public benefit corporation, division, office or
     any other governmental entity performing a governmental or
     proprietary function for the state of New York, except the
     judiciary or the state legislature or any unit of local
     government and shall not include offices of district
     attorneys.

(2)  Committee. The term "committee" means the committee on open
     government as constituted pursuant to subdivision one of
     section eighty-nine of this chapter.

(3)  Data subject. The term "data subject" means any natural
     person about whom personal information has been collected by
     an agency.

(4)  Disclose. The term "disclose" means to reveal, release,
     transfer, disseminate or otherwise communicate personal
     information or records orally, in writing or by electronic
     or any other means other than to the data subject.

(5)  Governmental unit. The term "governmental unit" means any
     governmental entity performing a governmental or proprietary
     function for the federal government or for any state or any
     municipality thereof.

(6)  Law. The term "law" means state or federal statute, rule or
     regulation.

(7)  Personal information. The term "personal information" means
     any information concerning a data subject which, because of
     name, number, symbol, mark or other identifier, can be used
     to identify that data subject.

(8)  Public safety agency record. The term "public safety agency
     record" means a record of the commission of correction, the
     temporary state commission of investigation, the department
     of correctional services, the division for youth, the
     division of parole, the crime victims board, the division of
     probation and correctional alternatives or the division of
     state police or of any agency or component thereof whose
     primary function is the enforcement of civil or criminal
     statutes if such record pertains to investigation, law
     enforcement, confinement of persons in correctional
     facilities or supervision of persons pursuant to criminal
     conviction or court order, and any records maintained by the
     division of criminal justice services pursuant to sections
     eight hundred thirty-seven, eight hundred thirty-seven-a,
     eight hundred thirty-seven-b, eight hundred thirty-seven-c,
     eight hundred thirty-eight, eight hundred thirty-nine, eight
     hundred forty-five, and eight hundred forty-five-a of the
     executive law and by the department of state pursuant to
     section ninety-nine of the executive law.

(9)  Record. The term "record" means any item, collection or
     grouping of personal information about a data subject which
     is maintained and is retrievable by use of the name or other
     identifier of the data subject irrespective of the physical
     form or technology used to maintain such personal
     information. The term "record" shall not include personal
     information which is not used to make any determination
     about the data subject if it is:

     (a)  a telephone book or directory which is used exclusively
          for telephone and directory information;

     (b)  any card catalog, book or other resource material in
          any library;

     (c)  any compilation of information containing names and
          addresses only which is used exclusively for the
          purpose of mailing agency information;

     (d)  personal information required by law to be maintained,
          and required by law to be used, only for statistical
          research or reporting purposes;

     (e)  information requested by the agency which is necessary
          for the agency to answer unsolicited requests by the
          data subject for information; or

     (f)  correspondence files.

(10) Routine use. The term "routine use" means, with respect to
     the disclosure of a record or personal information, any use
     of such record or personal information relevant to the
     purpose for which it was collected, and which use is
     necessary to the statutory duties of the agency that
     collected or obtained the record or personal information, or
     necessary for that agency to operate a program specifically
     authorized by law.

(11) System of records. The term "system of records" means any
     group of records under the actual or constructive control of
     any agency pertaining to one or more data subjects from
     which personal information is retrievable by use of the name
     or other identifier of a data subject.


Section 93.    Powers and duties of the committee.

(1)  The committee shall prepare a directory derived from the
     information provided pursuant to section three of chapter
     six hundred seventy-seven of the laws of nineteen hundred
     eighty and subdivision four of section ninety-four of this
     article. The directory shall include the name of each system
     of records subject to the provisions of this article, the
     name and subdivision of the agency maintaining it, the title
     and business address of the person responsible therefor, the
     approximate number of data subjects and the categories of
     information collected, and sufficient information for the
     identification of rules promulgated by agencies pursuant to
     this article. Individuals shall be permitted to purchase the
     directory for a reasonable price as set by the committee in
     accordance with law.

(2)  The committee may, upon request of a data subject eligible
     to make a request under section ninety-five of this article,
     investigate, make findings and furnish an advisory opinion
     in connection with the requirements of section ninety-five
     of this article. Prior to the issuance of an advisory
     opinion, the committee may require an agency to provide
     additional information which the committee deems necessary
     to render an opinion. However, no system of records exempt
     from the provisons of section ninety-five of this article
     shall be subject to the provisions of this subdivision.

(3)  Within thirty business days of the receipt of a privacy
     impact statement or supplemental statement by an agency the
     committee shall review such statement to determine whether
     the maintenance of the system is within the lawful authority
     of the agency and to determine whether there have been
     established rules and procedures as required by section
     ninety-four of this article. However, such review by the
     committee shall not include examination of personal
     information or records collected or maintained by such
     agency. After review of such information the committee may
     notify the agency of the result of its review. Such
     notification and result shall not constitute an advisory
     opinion and shall not be reported as such by the committee
     and there shall be no obligation upon the agency to respond
     to such notification or result.

(4)  The committee shall promulgate rules for the specification
     of the form of the privacy impact statement. Such privacy
     impact statement shall include the following:

     (a)  the name of the agency and the subdivision within the
          agency that will maintain the system of records, and
          the name or title of the system of records in which
          such information will be maintained;

     (b)  the title and business address of the official within
          the agency responsible for the system of records;

     (c)  where applicable, the procedures by which a data
          subject may gain access to personal information
          pertaining to such data subject in the system of
          records and the procedures by which a data subject may
          seek to amend or correct its contents;

     (d)  the categories and the approximate number of persons on
          whom records will be maintained in the system of
          records;

     (e)  the categories of information which will be collected
          and maintained in the system of records;

     (f)  the purposes for which each category of information
          within the system of records will be collected and
          maintained;

     (g)  the disclosures of personal information within the
          system of records that the agency will regularly make
          for each category of information, and the authority for
          such disclosures;

     (h)  the general or specific statutory authority for the
          collection, maintenance and disclosure of each category
          of information within the system of records;

     (i)  policies governing retention and timely disposal of
          information within the system of records in accordance
          with law;

     (j)  each and every source for each category of information
          within the system of records;

     (k)  a statement indicating whether the system of records
          will be maintained manually, by automated data system,
          or both.

(5)  The committee shall report its activities and findings,
     including recommendations for changes in the law, to the
     governor and the legislature annually, on or before December
     fifteenth.

(6)  In order to carry out the provisions of this article, the
     committee is authorized to:

     (a)  enter into contracts or other arrangements or
          modifications thereof, with any government, any
          governmental unit, or any department of the state, or
          with any individual, firm, association or corporation
          within the amounts appropriated therefor and subject to
          the audit and warrant of the state comptroller;

     (b)  delegate any of its functions to such officers and
          employees of the committee as the committee may
          designate;

     (c)  establish model guidelines with respect to the
          implementation of this article.


Section 94.    Agency obligations.

(1)  Each agency that maintains a system of records shall:

     (a)  except when a data subject provides an agency with
          unsolicited personal information, maintain in its
          records only such personal information which is
          relevant and necessary to accomplish a purpose of the
          agency required to be accomplished by statute or
          executive order, or to implement a program specifically
          authorized by law;

     (b)  consistent with the standards of paragraph (a) of this
          subdivision, maintain all records used by the agency to
          make any determination about any data subject with
          accuracy, relevance, timeliness and completeness
          provided however, that personal information or records
          received by an agency from another governmental unit
          for inclusion in public safety agency records shall be
          presumed to be accurate;

     (c)  collect personal information directly from the data
          subject whenever practicable, except when collected for
          the purpose of making quasi-judicial determinations;

     (d)  provide each data subject whom it requests to supply
          information to be maintained in a record, at the time
          of the initial request, with notification as provided
          in this paragraph. Where such notification has been
          provided, subsequent requests for information from the
          data subject to be maintained in the same record need
          not be accompanied by notification unless the initial
          notification is not applicable to the subsequent
          request. Notification shall include:

          (i)   the name of the agency and any subdivision
                within the agency that is requesting the
                personal information and the name or title of
                the system of records in which such information
                will be maintained;

          (ii)  the title, business address and telephone number
                of the agency official who is responsible for
                the system of records;

          (iii) the authority granted by law, which authorizes
                the collection and maintenance of the
                information;

          (iv)  the effects on such data subject, if any, of not
                providing all or any part of the requested
                information;

          (v)   the principal purpose or purposes for which the
                information is to be collected; and

          (vi)  the uses which may be made of the information
                pursuant to paragraphs (b), (e) and (f) of
                subdivision one of section ninety-six of this
                article;

     (e)  ensure that no record pertaining to a data subject
          shall be modified or destroyed to avoid the provisions
          of this article;

     (f)  cause the requirements of this article to be applied to
          any contract it executes for the operation of a system
          of records, or for research, evaluation or reporting,
          by the agency or on its behalf;

     (g)  establish written policies in accordance with law
          governing the responsibilities of persons pertaining to
          their involvement in the design, development, operation
          or maintenance of any system of records, and instruct
          each such person with respect to such policies and the
          requirements of this article, including any other rules
          and regulations and procedures adopted pursuant to this
          article, and the penalties for noncompliance;

     (h)  establish appropriate administrative, technical and
          physical safeguards to ensure the security of records;

     (i)  establish rules governing retention and timely disposal
          of records in accordance with law;

     (j)  designate an agency employee who shall be responsible
          for ensuring that the agency complies with all of the
          provisions of this article;

     (k)  whenever a data subject is entitled under this article
          to gain access to a record, disclose such record at a
          location near the residence of the data subject
          whenever reasonable, or by mail;

     (l)  upon denial of a request under subdivision one or two
          of section ninety-five of this article, inform the data
          subject of its procedures for review of initial
          determinations and the name and business address of the
          reviewing officials.

(2)  In order to carry out the provisions of this article each
     agency that maintains a system of records shall promulgate
     rules which shall set forth the following:

     (a)  procedures by which a data subject can learn if a
          system of records contains any records pertaining to
          him or her;

     (b)  reasonable times, places and means for verifying the
          identity of a data subject who requests access to his
          or her record;

     (c)  procedures for providing access, upon the data
          subject's request, to the data subject's record;

     (d)  procedures for reviewing a request from a data subject
          for access to, and for correction or amendment of his
          or her record, for making a determination on such
          request, and for an appeal within the agency of an
          initial adverse agency determination.

(3)  Each agency, for disclosures made pursuant to paragraphs
     (d), (i) and (l) of subdivision one of section ninety-six of
     this article, except for disclosures made for inclusion in
     public safety agency records when such record is requested
     for the purpose of obtaining information required for the
     investigation of a violation of civil or criminal statutes
     within the disclosing agency, shall:

     (a)  keep an accurate accounting of the date, nature and
          purpose of each disclosure of a record or personal
          information, and the name and address of the person or
          governmental unit to whom the disclosure is made;

     (b)  retain the accounting made under paragraph (a) of this
          subdivision as part of said record for at least five
          years after the disclosure for which the accounting is
          made, or for the life of the record disclosed,
          whichever is longer;

     (c)  at the request of the data subject, inform any person
          or other governmental unit to which a disclosure has
          been or is made of any correction, amendment, or
          notation of dispute made by the agency, provided that
          an accounting of the prior disclosure was made or that
          the data subject to whom the record pertains provides
          the name of such person or governmental unit;

     (d)  with respect to a disclosure made for inclusion in a
          public safety agency record or to a governmental unit
          or component thereof whose primary function is the
          enforcement of civil or criminal statutes, notify the
          receiving governmental unit that an accounting of such
          disclosure is being made pursuant to this subdivision
          and that such accounting will be accessible to the data
          subject upon his or her request unless otherwise
          specified by the receiving governmental unit pursuant
          to paragraph (e) of this subdivision;

     (e)  with respect to a disclosure made for inclusion in a
          public safety agency record or to a governmental unit
          or component thereof whose primary function is the
          enforcement of civil or criminal statutes, if in its
          request for the record the receiving governmental unit
          states that it has determined that access by the data
          subject to the accounting of such disclosure would
          impede criminal investigations and specifies the
          approximate date on which such determination will no
          longer be applicable, refuse the data subject access to
          such accounting or information that such accounting has
          been made, except upon court ordered subpoena, during
          the applicable time period. Upon the expiration of said
          time period the disclosing agency shall inquire of the
          receiving governmental unit as to the continued
          relevancy of the initial determination and, unless
          requested in writing by the receiving governmental unit
          to extend the determination for a specified period of
          time, shall make available to the data subject an
          accounting of said disclosure; and

     (f)  in making a disclosure pursuant to subdivision one of
          section ninety-six of this article, an agency shall
          make such disclosure pursuant to paragraph (d), (i) or
          (l) of said subdivision only when such disclosure
          cannot be made pursuant to any other paragraph of said
          subdivision.

(4)  (a)  Any agency which established or substantially
          modified a system of records after December fifteenth,
          nineteen hundred eighty, but before the effective date
          of this article, or which did not report to the
          committee a system of records which it maintained prior
          to December fifteenth, nineteen hundred eighty, shall
          file notice with the committee pursuant to chapter six
          hundred seventy-seven of the laws of nineteen hundred
          eighty within thirty business days of the effective
          date of this article.

     (b)  Any agency which seeks to establish a system of records
          subsequent to the effective date of this article shall
          file with the committee a privacy impact statement as
          prescribed by subdivision four of section ninety-three
          of this article. Any agency which seeks to modify a
          system of records in a way which would render
          inaccurate any information set forth in the privacy
          impact statement, in the notice described in paragraph
          (a) of this subdivision or in the notice filed pursuant
          to chapter six hundred seventy-seven of the laws of
          nineteen hundred eighty, shall file with the committee
          a supplemental statement to conform the privacy impact
          statement or notice to the proposed modification.
          Unless the date by which such proposed system or
          modification is required by law to be instituted is
          less than thirty business days from the date of the
          filing of the privacy impact statement, no such
          proposed system or modification shall be instituted
          until the completion of the procedures set forth in
          subdivision three of section ninety-three of this
          article.

(5)  Each agency shall, within fifteen business days of the
     receipt of an advisory opinion issued by the committee,
     respond in writing to the committee as to the following:

     (a)  the actions it has taken, or will take, to comply with
          the advisory opinion; or

     (b)  the reasons for disagreement and noncompliance with the
          advisory opinion.

(6)  On or before the first day of September of each year, each
     agency shall submit a report covering the preceding year to
     the committee. The report shall include, with respect to
     requests for access to records and with respect to requests
     for correction or amendment of records pursuant to
     subdivisions one and two of section ninety-five of this
     article, respectively, the following information:

     (i)  the number of determinations made to grant such
          requests; and

     (ii) the number of determinations made to deny such
          requests, in whole or in part, respectively.

(7)  The provisions of paragraphs (c) and (d) of subdivision one
     of this section shall not apply to the following:

     (a)  personal information that is collected for inclusion in
          a public safety agency record;

     (b)  personal information that is maintained by a licensing
          or franchise-approving agency or component thereof for
          the purpose of determining whether administrative or
          criminal action should be taken to restrain or
          prosecute purported violations of law, or to grant,
          deny, suspend, or revoke a professional, vocational, or
          occupational license, certification or registration, or
          to deny or approve a franchise;

     (c)  personal information solicited from a data subject
          receiving services at a treatment facility, provided
          that each such data subject shall, as soon as
          practicable, be provided a notification including
          information specified in subparagraphs (i), (ii),
          (iii), (iv), (v) and (vi) of paragraph (d) of
          subdivision one of this section describing systems of
          records concerning the data subject maintained by the
          treatment facility.

(8)  The provisions of subdivisions two, three and six of this
     section shall not apply to public safety agency records.

(9)  Nothing in this article shall abrogate in any way any
     obligation regarding the maintenance of records otherwise
     imposed on an agency at law or in equity.

(10) Each agency record which is transferred to the state
     archives as a record which has sufficient historical or
     other value to warrant its continued preservation by the
     state shall, for the purposes of this article, be considered
     to be maintained by the state archives and shall be exempt
     from the requirements of this article, except as otherwise
     provided in this section and except that such record shall
     continue to be subject to inspection and correction by the
     data subject by application to the agency which compiled it,
     as provided in subdivisions one through four of section
     ninety-five of this chapter.


Section 95.    Access to records.

(1)  (a)  Each agency subject to the provisions of this
          article, within five business days of the receipt of a
          written request from a data subject for a record
          reasonably described pertaining to that data subject,
          shall make such record available to the data subject,
          deny such request in whole or in part and provide the
          reasons therefor in writing, or furnish a written
          acknowledgement of the receipt of such request and a
          statement of the approximate date when such request
          will be granted or denied, which date shall not exceed
          thirty days from the date of the acknowledgement.

     (b)  An agency shall not be required to provide a data
          subject with access to a record pursuant to this
          section if:

          (i)   the agency does not have the possession of such
                record;

          (ii)  such record cannot be retrieved by use of the
                data subject's description thereof, or by use of
                the name or other identifier of the data
                subject, without extraordinary search methods
                being employed by the agency; or

          (iii) access to such record is not required to be
                provided pursuant to subdivision five, six or
                seven of this section.

     (c)  Upon payment of, or offer to pay, the fee prescribed by
          section eighty-seven of this chapter, the agency shall
          provide a copy of the record requested and certify to
          the correctness of such copy if so requested. The
          record shall be made available in a printed form
          without any codes or symbols, unless accompanied by a
          document fully explaining such codes or symbols. Upon a
          data subject's voluntary request the agency shall
          permit a person of the data subject's choosing to
          accompany the data subject when reviewing and obtaining
          a copy of a record, provided that the agency may
          require the data subject to furnish a written statement
          authorizing discussion of the record in the
          accompanying person's presence.

(2)  Each agency shall, within thirty business days of receipt of
     a written request from a data subject for correction or
     amendment of a record or personal information, reasonably
     described, pertaining to that data subject, which he or she
     believes is not accurate, relevant, timely or complete,
     either:

     (a)  make the correction or amendment in whole or in part,
          and inform the data subject that upon his or her
          request such correction or amendment will be provided
          to any or all persons or governmental units to which
          the record or personal information has been or is
          disclosed, pursuant to paragraph (c) of subdivision
          three of section ninety-four of this article; or

     (b)  inform the data subject of its refusal to correct or
          amend the record and its reasons therefor.

(3)  Any data subject whose request under subdivision one or two
     of this section is denied in whole or in part may, within
     thirty business days, appeal such denial in writing to the
     head, chief executive or governing body of the agency, or
     the person designated as the reviewing official by such
     head, chief executive or governing body. Such official shall
     within seven business days of the receipt of an appeal
     concerning denial of access, or within thirty business days
     of the receipt of an appeal concerning denial of correction
     or amendment, either provide access to or correction or
     amendment of the record sought and inform the data subject
     that, upon his or her request, such correction or amendment
     will be provided to any or all persons or governmental units
     to which the record or personal information has been or is
     disclosed, pursuant to paragraph (c) of subdivision three of
     section ninety-four of this article, or fully explain in
     writing to the data subject the factual and statutory
     reasons for further denial and inform the data subject of
     his or her right to thereupon seek judicial review of the
     agency's determination under section ninety-seven of this
     article. Each agency shall immediately forward to the
     committee a copy of such appeal, the determination thereof
     and the reasons therefor.

(4)  If correction or amendment of a record or personal
     information is denied in whole or in part upon appeal, the
     agency shall inform the data subject of the right to file
     with the agency a statement of reasonable length setting
     forth the reasons for disagreement with the agency's
     determination and that, upon request, his or her statement
     of disagreement will be provided to any or all persons or
     governmental units to which the record has been or is
     disclosed, pursuant to paragraph (c) of subdivision three of
     section ninety-four of this article. With respect to any
     personal information about which a data subject has filed a
     statement of disagreement, the agency shall clearly note any
     portions of the record which are disputed, and shall attach
     the data subject's statement of disagreement as part of the
     record. When providing the data subject's statement of
     disagreement to other persons or governmental units pursuant
     to paragraph (c) of subdivision three of section ninety-four
     of this article, the agency may, if it deems appropriate,
     also include in the record a concise statement of the
     agency's reasons for not making the requested amendment.

(5)  (a)  Any agency which may not otherwise exempt personal
          information from the operation of this section may do
          so, unless access by the data subject is otherwise
          authorized or required by law, if such information is
          compiled for law enforcement purposes and would, if
          disclosed:

          (i)   interfere with law enforcement investigations or
                judicial proceedings;

          (ii)  deprive a person of a right to a fair trial or
                impartial adjudication;

          (iii) identify a confidential source or disclose
                confidential information relating to a criminal
                investigation; or

          (iv)  reveal criminal investigative techniques or
                procedures, except routine techniques and
                procedures.

     (b)  When providing the data subject with access to
          information described in paragraph (b) of subdivision
          seven of section ninety-four of this article, an agency
          may withhold the identity of a source who furnished
          said information under an express promise that his or
          her identity would be held in confidence.

(6)  Nothing in this section shall require an agency to provide a
     data subject with access to:

     (a)  personal information to which he or she is specifically
          prohibited by statute from gaining access;

     (b)  patient records concerning mental disability or medical
          records where such access is not otherwise required by
          law;

     (c)  personal information pertaining to the incarceration of
          an inmate at a state correctional facility which is
          evaluative in nature or which, if such access was
          provided, could endanger the life or safety of any
          person, unless such access is otherwise permitted by
          law or by court order;

     (d)  attorney's work product or material prepared for
          litigation before judicial, quasi-judicial or
          administrative tribunals, as described in subdivisions
          (c) and (d) of section three thousand one hundred one
          of the civil practice law and rules, except pursuant to
          statute, subpoena issued in the course of a criminal
          action or proceeding, court ordered or grand jury
          subpoena, search warrant or other court ordered
          disclosure.

(7)  This section shall not apply to public safety agency
     records.

(8)  Nothing in this section shall limit, restrict, abrogate or
     deny any right a person may otherwise have including rights
     granted pursuant to the state or federal constitution, law
     or court order.


Section 96.    Disclosure of records.

(1)  No agency may disclose any record or personal information
     unless such disclosure is:

     (a)  pursuant to a written request by or the voluntary
          written consent of the data subject, provided that such
          request or consent by its terms limits and specifically
          describes:

          (i)   the personal information which is requested to
                be disclosed;

          (ii)  the person or entity to whom such personal
                information is requested to be disclosed; and

          (iii) the uses which will be made of such personal
                information by the person or entity receiving
                it; or

     (b)  to those officers and employees of, and to those who
          contract with, the agency that maintains the record if
          such disclosure is necessary to the performance of
          their official duties pursuant to a purpose of the
          agency required to be accomplished by statute or
          executive order or necessary to operate a program
          specifically authorized by law; or

     (c)  subject to disclosure under article six of this
          chapter, unless disclosure of such information would
          constitute an unwarranted invasion of personal privacy
          as defined in paragraph (a) of subdivision two of
          section eighty-nine of this chapter; or

     (d)  to officers or employees of another governmental unit
          if each category of information sought to be disclosed
          is necessary for the receiving governmental unit to
          operate a program specifically authorized by statute
          and if the use for which the information is requested
          is not relevant to the purpose for which it was
          collected; or

     (e)  for a routine use, as defined in subdivision ten of
          section ninety-two of this article; or

     (f)  specifically authorized by statute or federal rule or
          regulation; or

     (g)  to the bureau of the census for purposes of planning or
          carrying out a census or survey or related activity
          pursuant to the provisions of Title XIII of the United
          States Code; or

     (h)  to a person who has provided the agency with advance
          written assurance that the record will be used solely
          for the purpose of statistical research or reporting,
          but only if it is to be transferred in a form that does
          not reveal the identity of any data subject; or

     (i)  pursuant to a showing of compelling circumstances
          affecting the health or safety of a data subject, if
          upon such disclosure notification is transmitted to the
          data subject at his or her last known address; or

     (j)  to the state archives as a record which has sufficient
          historical or other value to warrant its continued
          preservation by the state or for evaluation by the
          state archivist or his or her designee to determine
          whether the record has such value; or

     (k)  to any person pursuant to a court ordered subpoena or
          other compulsory legal process; or

     (l)  for inclusion in a public safety agency record or to
          any governmental unit or component thereof which
          performs as one of its principal functions any activity
          pertaining to the enforcement of criminal laws,
          provided that, such record is reasonably described and
          is requested solely for a law enforcement function; or

     (m)  pursuant to a search warrant; or

     (n)  to officers or employees of another agency if the
          record sought to be disclosed is necessary for the
          receiving agency to comply with the mandate of an
          executive order, but only if such records are to be
          used only for statistical research, evaluation or
          reporting and are not used in making any determination
          about a data subject.

(2)  Nothing in this section shall require disclosure of:

     (a)  personal information which is otherwise prohibited by
          law from being disclosed;

     (b)  patient records concerning mental disability or medical
          records where such disclosure is not otherwise required
          by law;

     (c)  personal information pertaining to the incarceration of
          an inmate at a state correctional facility which is
          evaluative in nature or which, if disclosed, could
          endanger the life or safety of any person, unless such
          disclosure is otherwise permitted by law;

     (d)  attorney's work product or material prepared for
          litigation before judicial, quasi-judicial or
          administrative tribunals, as described in subdivisions
          (c) and (d) of section three thousand one hundred one
          of the civil practice law and rules, except pursuant to
          statute, subpoena issued in the course of a criminal
          action or proceeding, court ordered or grand jury
          subpoena, search warrant or other court ordered
          disclosure.


Section 97.    Civil remedies.

(1)  Any data subject aggrieved by any action taken under this
     article may seek judicial review and relief pursuant to
     article seventy-eight of the civil practice law and rules.

(2)  In any proceeding brought under subdivision one of this
     section, the party defending the action shall bear the
     burden of proof, and the court may, if the data subject
     substantially prevails against any agency and if the agency
     lacked a reasonable basis pursuant to this article for the
     challenged action, award to the data subject reasonable
     attorneys' fees and disbursements reasonably incurred.

(3)  Nothing in this article shall be construed to limit or
     abridge the right of any person to obtain judicial review or
     pecuniary or other relief, in any other form or upon any
     other basis, otherwise available to a person aggrieved by
     any agency action under this article.


Section 98.    No waiver.

Any agreement purporting to waive a data subject's rights under
this article is hereby declared to be void as against public
policy.


Section 99.    Executive authority.

Nothing in this article shall limit the authority of the governor
to exercise his or her responsibilities.

==============================================================

ARTICLE 7

OPEN MEETINGS LAW

Section        100. Legislative declaration.

               101. Short title.

               102. Definitions.

               103. Open meetings and executive sessions.

               104. Public notice.

               105. Conduct of executive sessions.

               106. Minutes.

               107. Enforcement.

               108. Exemptions.

               109. Committee on open government.

               110. Construction with other laws.

               111. Severability.

==============================================================


Sec. 100. Legislative declaration.

It is essential to the maintenance of a democratic society that
the public business be performed in an open and public manner and
that the citizens of this state be fully aware of and able to
observe the performance of public officials and attend and listen
to the deliberations and decisions that go into the making of
public policy. The people must be able to remain informed if they
are to retain control over those who are their public servants.
It is the only climate under which the commonweal will prosper
and enable the governmental process to operate for the benefit of
those who created it.


Sec. 101. Short title.

This article shall be known and may be cited as "Open Meetings
Law".


Sec. 102. Definitions.

As used in this article:

1.   "Meeting" means the official convening of a public body for
     the purpose of conducting public business.

2.   "Public body" means any entity, for which a quorum is
     required in order to conduct public business and which
     consists of two or more members, performing a governmental
     function for the state or for an agency or department
     thereof, or for a public corporation as defined in section
     sixty-six of the general construction law, or committee or
     subcommittee or other similar body of such public body.

3.   "Executive session" means that portion of a meeting not open
     to the general public.


Sec. 103. Open meetings and executive sessions.

(a)  Every meeting of a public body shall be open to the general
     public, except that an executive session of such body may be
     called and business transacted thereat in accordance with
     section ninety-five of this article.

(b)  Public bodies shall make or cause to be made all reasonable
     efforts to ensure that meetings are held in facilities that
     permit barrier-free physical access to the physically
     handicapped, as defined in subdivision five of section fifty
     of the public buildings law.


Sec. 104. Public notice.

1.   Public notice of the time and place of a meeting scheduled
     at least one week prior thereto shall be given to the news
     media and shall be conspicuously posted in one or more
     designated public locations at least seventy-two hours
     before such meeting.

2.   Public notice of the time and place of every other meeting
     shall be given, to the extent practicable, to the news media
     and shall be conspicuously posted in one or more designated
     public locations at a reasonable time prior thereto.

3.   The public notice provided for by this section shall not be
     construed to require publication as a legal notice.


Sec. 105. Conduct of executive sessions.

1.   Upon a majority vote of its total membership, taken in an
     open meeting pursuant to a motion identifying the general
     area or areas of the subject or subjects to be considered, a
     public body may conduct an executive session for the below
     enumerated purposes only, provided, however, that no action
     by formal vote shall be taken to appropriate public moneys:

     a.   matters which will imperil the public safety if
          disclosed;

     b.   any matter which may disclose the identity of a law
          enforcement agent or informer;

     c.   information relating to current or future investigation
          or prosecution of a criminal offense which would
          imperil effective law enforcement if disclosed;

     d.   discussions regarding proposed, pending or current
          litigation;

     e.   collective negotiations pursuant to article fourteen of
          the civil service law;

     f.   the medical, financial, credit or employment history of
          a particular person or corporation, or matters leading
          to the appointment, employment, promotion, demotion,
          discipline, suspension, dismissal or removal of a
          particular person or corporation;

     g.   the preparation, grading or administration of
          examinations; and

     h.   the proposed acquisition, sale or lease of real
          property or the proposed acquisition of securities, or
          sale or exchange of securities held by such public
          body, but only when publicity would substantially
          affect the value thereof.

2.   Attendance at an executive session shall be permitted to any
     member of the public body and any other persons authorized
     by the public body.


Sec. 106. Minutes.

1.   Minutes shall be taken at all open meetings of a public body
     which shall consist of a record or summary of all motions,
     proposals, resolutions and any other matter formally voted
     upon and the vote thereon.

2.   Minutes shall be taken at executive sessions of any action
     that is taken by formal vote which shall consist of a record
     or summary of the final determination of such action, and
     the date and vote thereon; provided, however, that such
     summary need not include any matter which is not required to
     be made public by the freedom of information law as added by
     article six of this chapter.

3.   Minutes of meetings of all public bodies shall be available
     to the public in accordance with the provisions of the
     freedom of information law within two weeks from the date of
     such meeting except that minutes taken pursuant to
     subdivision two hereof shall be available to the public
     within one week from the date of the executive session.


Sec. 107. Enforcement.

1.   Any aggrieved person shall have standing to enforce the
     provisions of this article against a public body by the
     commencement of a proceeding pursuant to article seventy-
     eight of the civil practice law and rules, and/or an action
     for declaratory judgment and injunctive relief. In any such
     action or proceeding, the court shall have the power, in its
     discretion, upon good cause shown, to declare any action or
     part thereof taken in violation of this article void in
     whole or in part.

     An unintentional failure to fully comply with the notice
     provisions required by this article shall not alone be
     grounds for invalidating any action taken at a meeting of a
     public body. The provisions of this article shall not affect
     the validity of the authorization, acquisition, execution or
     disposition of a bond issue or notes.

2.   In any proceeding brought pursuant to this section, costs
     and reasonable attorney fees may be awarded by the court, in
     its discretion, to the successful party.

3.   The statute of limitations in an article seventy-eight
     proceeding with respect to an action taken at executive
     session shall commence to run from the date the minutes of
     such executive session have been made available to the
     public.


Section 108.   Exemptions.

Nothing contained in this article shall be construed as extending
the provisions hereof to:

1.   judicial or quasi-judicial proceedings, except proceedings
     of the public service commission and zoning boards of
     appeals;

2.   a.   deliberations of political committees, conferences
          and caucuses.

     b.   for purposes of this section, the deliberations of
          political committees, conferences and caucuses means a
          private meeting of members of the senate or assembly of
          the state of New York, or of the legislative body of a
          county, city, town or village, who are members or
          adherents of the same political party, without regard
          to (i) the subject matter under discussion, including
          discussions of public business, (ii) the majority or
          minority status of such political committees,
          conferences and caucuses or (iii) whether such
          political committees, conferences and caucuses invite
          staff or guests to participate in their deliberations;
          and

3.   any matter made confidential by federal or state law.


Section 109.   Committee on open government.

The committee on open government, created by paragraph (a) of
subdivision one of section eighty-nine of this chapter, shall
issue advisory opinions from time to time as, in its discretion,
may be required to inform public bodies and persons of the
interpretations of the provisions of the open meetings law.


Sec. 110. Construction with other laws.

1.   Any provision of a charter, administrative code, local law,
     ordinance, or rule or regulation affecting a public body
     which is more restrictive with respect to public access than
     this article shall be deemed superseded hereby to the extent
     that such provision is more restrictive than this article.

2.   Any provision of general, special or local law or charter,
     administrative code, ordinance, or rule or regulation less
     restrictive with respect to public access than this article
     shall not be deemed superseded hereby.

3.   Notwithstanding any provision of this article to the
     contrary, a public body may adopt provisions less
     restrictive with respect to public access than this article.


Sec. 111. Severability.

If any provision of this article or the application thereof to
any person or circumstances is adjudged invalid by a court of
competent jurisdiction, such judgment shall not affect or impair
the validity of the other provisions of the article or the
application thereof to other persons and circumstances.

==============================================================

ARTICLE 8

CONSTRUCTION; LAWS REPEALED; WHEN TO TAKE EFFECT

Section        115. Application of chapter.

               116. Laws repealed.

               117. When to take effect.

==============================================================

Sec. 115. Application of chapter.

This chapter applies to civil officers only.


Sec. 116. Laws repealed.

Of the laws enumerated in the schedule hereto annexed, that
portion specified in the last column is hereby repealed.


Sec. 117. When to take effect.

This chapter shall take effect immediately.

==============================================================
==============================================================





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