senate Bill S5325A

Requires the joint commission on public ethics to develop and maintain an ethics training course for members and staff of the legislature; requires members of the legislature to successfully complete the course

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 16 / May / 2013
    • REFERRED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO FINANCE
  • 07 / Apr / 2014
    • AMEND AND RECOMMIT TO FINANCE
  • 07 / Apr / 2014
    • PRINT NUMBER 5325A

Summary

Requires the joint commission on public ethics to develop and maintain an ethics training course for members and staff of the legislature; requires all members of the legislature to successfully complete the ethics training course on an annual basis.

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Bill Details

Versions:
S5325
S5325A
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd §94, Exec L; add §81, Leg L

Sponsor Memo

BILL NUMBER:S5325A

TITLE OF BILL: An act to amend the executive law, in relation to
requiring the joint commission on public ethics to develop and
maintain an ethics training course for members and staff of the
legislature; and to amend the legislative law, in relation to
requiring all members of the legislature to successfully complete the
ethics training course on an annual basis

PURPOSE: Requires the Joint Commission on Public Ethics (JCOPE) to
develop an maintain an ethics training course for Members and Staff of
the Legislature and to require all Members and staff of the
Legislature to successfully complete the ethics training course on an
annual basis.

SUMMARY OF PROVISIONS:

Section One of the bill amends subdivision 9 of section 94 of the
Executive Law to add a new paragraph (o) to state that JCOPE shall
develop and maintain an ethics training course for member and staff of
the Legislature, Such course shall be designed to help legislators and
staff in understanding and complying with current ethical and campaign
finance requirements under state law, legislative rules and federal
law. The course shall be made to members and staff of the Legislature
and to the general public on the Internet and shall include training
materials and exercises to be completed as part of the course and
shall include provisions for verifying when a legislator has
successfully completed key training exercises.

Section Two of the bill as a new section, 81, to the Legislative Law
to state that each member of the Legislature shall annually complete
the ethics training course developed by JCOPE, successfully complete
the key training exercise of the course and verify completion on his
or her annual legislative financial disclosure form.

Newly elected legislators shall complete the ethics training course
within seven days of being sworn into office.

Failure to comply shall be a class A misdemeanor and shall be
punishable by a fine of $5,000.

EXISTING LAW: Currently there is no ethics training requirement for
Members and staff of the Legislature

JUSTIFICATION: Recent events have once again highlighted the troubling
prevalence of public corruption in New York State government. While
several states require mandatory ethics training for state
legislators, New York does not. This legislation will insure that
Member of the New York State legislators receive annual ethics
training. Failure to complete the annual training is a Class A
misdemeanor and a fine of up to $5,000.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect on January 1, 2015


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5325--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by Sens. HOYLMAN, SERRANO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Finance -- recom-
  mitted to the Committee on Finance in accordance with Senate  Rule  6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the executive law, in relation to  requiring  the  joint
  commission on public ethics to develop and maintain an ethics training
  course  for  members  and  staff  of the legislature; and to amend the
  legislative law, in relation to requiring all members of the  legisla-
  ture  to successfully complete the ethics training course on an annual
  basis

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 9 of section 94 of the executive law is amended
by adding a new paragraph o to read as follows:
  (O)  THE  COMMISSION  SHALL  DEVELOP  AND  MAINTAIN AN ETHICS TRAINING
COURSE FOR MEMBERS AND STAFF OF THE LEGISLATURE. SUCH  COURSE  SHALL  BE
DESIGNED  TO  HELP  LEGISLATORS AND STAFF IN UNDERSTANDING AND COMPLYING
WITH CURRENT ETHICAL AND CAMPAIGN FINANCE REQUIREMENTS UNDER STATE  LAW,
LEGISLATIVE  RULES  AND FEDERAL LAW. THE COURSE WHICH SHALL BE AVAILABLE
TO MEMBERS AND STAFF OF THE LEGISLATURE AND TO THE GENERAL PUBLIC ON THE
INTERNET, SHALL INCLUDE TRAINING MATERIALS AND EXERCISES TO BE COMPLETED
AS PART OF THE COURSE AND SHALL INCLUDE PROVISIONS FOR VERIFYING WHEN  A
LEGISLATOR HAS SUCCESSFULLY COMPLETED KEY TRAINING EXERCISES.
  S 2. The legislative law is amended by adding a new section 81 to read
as follows:
  S 81. ETHICS TRAINING COURSE. 1. EACH MEMBER OF THE LEGISLATURE SHALL:
  A. ANNUALLY COMPLETE THE ETHICS TRAINING COURSE DEVELOPED BY THE JOINT
COMMISSION  ON PUBLIC ETHICS PURSUANT TO PARAGRAPH O OF SUBDIVISION NINE
OF SECTION NINETY-FOUR OF THE EXECUTIVE LAW;
  B. SUCCESSFULLY COMPLETE THE KEY TRAINING EXERCISES OF THE COURSE; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10966-02-4

S. 5325--A                          2

  C. VERIFY THE COMPLETION ON HIS OR HER  ANNUAL  LEGISLATIVE  FINANCIAL
DISCLOSURE FORM.
  2. NEWLY ELECTED LEGISLATORS SHALL COMPLETE THE ETHICS TRAINING COURSE
WITHIN SEVEN DAYS OF BEING SWORN INTO OFFICE.
  3.  FAILURE  TO  COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL BE A
CLASS A MISDEMEANOR AND SHALL BE PUNISHABLE BY A FINE OF  FIVE  THOUSAND
DOLLARS.
  S  3.  If  any part or provision of this act is adjudged by a court of
competent jurisdiction to be unconstitutional or otherwise invalid, such
judgment shall not affect or impair any other part or provision of  this
act, but shall be confined in its operation to such part or provision.
  S 4. This act shall take effect January 1, 2015.

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