Senate Resolution No. 404
BY: Senator FLANAGAN
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
amending the Permanent Joint Rules of the Senate and
Assembly, in relation to advisory opinions in
relation to outside employment
RESOLVED (if the concur), That the Permanent Joint Rules of
the Senate and Assembly be amended by adding a new Joint Rule V to read
as follows:
JOINT RULE VSection 1. Advisory Opinions in relation to Outside Employment. Amember of the legislature who intends to undertake or who undertakesoutside employment shall submit to the Legislative Ethics Commission awritten request for a formal advisory opinion, pursuant to theprovisions of paragraph i of subdivision 7 of section 80 of theLegislative Law, regarding whether the outside employment is consistentwith the provisions of sections 73 and 74 of the Public Officers Law.For the purposes of this joint rule, "outside employment" meanscompensation in excess of 5,000 dollars per calendar year, other thancompensation provided pursuant to sections 5 and 5-a of the LegislativeLaw, from employment for services rendered or goods sold as part of aregular course of any business during a member's term.§ 2. Timeframe. Members of the legislature shall be required to submitsuch written requests as follows:a. For members of the legislature who are currently engaged in outsideemployment and have not previously submitted a request to theLegislative Ethics Commission for a formal advisory opinion inconnection with such employment, within thirty days of the adoption ofthis resolution by the Senate and the Assembly;b. For members of the legislature in relation to prospective outsideemployment, prior to the receipt of compensation in excess of fivethousand dollars from such outside employment; andc. For newly-elected members of the legislature in relation tomaintaining previously-held outside employment, within thirty days ofassuming office.§ 3. Impact. Such written advisory opinions are binding upon theLegislative Ethics Commission and the Joint Commission on Public Ethicsin accordance with the provisions of paragraph i of subdivision 7 ofsection 80 of the Legislative Law.
RESOLVED (if the concur), That the foregoing amendment to the
Permanent Joint Rules of the Senate and Assembly be effective
immediately.