NY State Senate Bill 2009-S4267

Senate Bill S4267

2009-2010 Legislative Session

Requires lobbyist business records to be retained for 3 biennial filing periods rather than for 3 years

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2010	reported and committed to rules
Jan 06, 2010	referred to finance
Apr 20, 2009	referred to finance

Votes

- Jun 15, 2010 - Finance Committee Vote
  S4267
  
  32
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Jun 15, 2010
      
      aye (32)
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hannon
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Larkin
      
      Leibell
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Robach
      
      Saland
      
      Seward
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      aye wr (1)
      
      Padavan

co-Sponsors

2009-S4267 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Legislative Law
Laws Affected:: Amd §§1-e, 1-h - 1-j, Leg L

2009-S4267 (ACTIVE) - Summary

Requires lobbyist business records to be retained for 3 biennial filing periods rather than for 3 years.

2009-S4267 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4267

 TITLE OF BILL :

An act to amend the legislative law, in relation to adjusting the time
period for which business records and relevant documents must be
retained


 PURPOSE :

To require lobbyists and clients to retain all business records and
relevant documents for three biennial filing periods and to require
the Commission to retain all lobbyist and client filings for three
biennial filing periods.

 SUMMARY OF PROVISIONS :

Section one amends paragraph (i) of subdivision (b) of section 1-e of
the Legislative Law by removing the term "years" and replacing it with
the phrase "biennial filing periods.

Section two amends paragraph 3 of subdivision (c) of section 1-e of
the Legislative Law by removing the term "years" and replacing it with
the phrase "biennial filing periods.

Section three amends subparagraph (v) of paragraph 5 of subdivision
(b) of section 1-h of the Legislative Law by removing the term "years"
and replacing it with the phrase "biennial filing periods.

Section four amends paragraph 2 of subdivision (c) of section 1-h of
the Legislative Law by removing the term "years" and replacing it with
the phrase "biennial filing periods.

Section five amends subparagraph (v) of paragraph 6 of subdivision (b)
of section 1-i of the Legislative Law by removing the term "years" and
replacing it with the phrase "biennial filing periods.

Section six amends paragraph 2 of subdivision (c) of section 1-i of
the Legislative Law by removing the term "years" and replacing it with
the phrase "biennial filing periods.

Section seven amends subparagraph (v) of paragraph 5 of subdivision
(b) of section 1-j of the Legislative Law by removing the term "years"
and replacing it with the phrase "biennial filing periods.

Section eight amends paragraph 2 of subdivision (c) of section 1-j of
the Legislative Law by removing the term "years" and replacing it with
the phrase "biennial filing periods.

Section nine provides for an immediate effective date.

 EXISTING LAW :

All sections of the Legislative law cited above contain the phrase "a
period of three years" or the phrase "three years," in relation to the
retention of lobbying records by lobbyists, clients, public
corporations and the Commission.

 PRIOR LEGISLATIVE HISTORY :

This is a new proposal.

 STATEMENT IN SUPPORT :


Maintaining business records for six to seven years is a common and
necessary practice in today's business world. Presently, the law
requires the Commission to maintain filing records for clients and
lobbyists for three biennial periods for the purpose of making such
records available for public inspection. Conversely, lobbyists and
clients are only required to maintain records for a three year period.
In addition, the Commission's statutory random audit program requires
the Commission to conduct audits of lobbyist and client filings.
While the Commission could pool from a potential database of three
biennial reporting periods, it is only able to draw from the two most
recent biennial periods. Even this reduced database could result in an
audit of a four year old record which the client/lobbyist is not
required to maintain. Accordingly, in some cases, it is impossible for
the Commission to meet its statutory obligation for conducting certain
audits. This legislative proposal would coordinate the record
retention periods and thereby enable the Commission to fully execute
its statutory obligation and insure the integrity of the information
being filed.

 BUDGET IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S4267 (ACTIVE) - Bill Text download pdf

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

                                  4267

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 20, 2009
                               ___________

Introduced  by  Sen.  KRUGER  --  (at request of the State Commission on
  Public Integrity) -- read twice and ordered printed, and when  printed
  to be committed to the Committee on Finance

AN  ACT  to amend the legislative law, in relation to adjusting the time
  period for which business  records  and  relevant  documents  must  be
  retained

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

  Section 1. Paragraph (i) of subdivision (b)  of  section  1-e  of  the
legislative  law, as amended by section 1 of part S of chapter 62 of the
laws of 2003, is amended to read as follows:
  (i) Such statements of registration shall be kept on file for a period
of three [years] BIENNIAL FILING PERIODS for those filing periods  where
annual  statements  are required, and shall be open to public inspection
during such period;
  S 2. Paragraph 3 of subdivision (c) of section 1-e of the  legislative
law,  as amended by chapter 1 of the laws of 2005, is amended to read as
follows:
  (3) if such lobbyist is retained or employed  pursuant  to  a  written
agreement  of  retainer  or  employment,  a  copy  of such shall also be
attached and if such retainer or employment is oral, a statement of  the
substance  thereof; such written retainer, or if it is oral, a statement
of the substance thereof, and any amendment thereto, shall  be  retained
for a period of three [years] BIENNIAL FILING PERIODS;
  S 3. Subparagraph (v) of paragraph 5 of subdivision (b) of section 1-h
of  the  legislative  law, as added by chapter 2 of the laws of 1999, is
amended to read as follows:
  (v) expenses of more than fifty dollars shall  be  paid  by  check  or
substantiated  by receipts and such checks and receipts shall be kept on
file by the lobbyist for a period of three [years] BIENNIAL FILING PERI-
ODS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08301-01-9

S. 4267                             2

  S 4. Paragraph 2 of subdivision (c) of section 1-h of the  legislative
law,  as  added  by chapter 2 of the laws of 1999, is amended to read as
follows:
  (2)  Such  bi-monthly  reports shall be kept on file for three [years]
BIENNIAL FILING PERIODS and shall be open to  public  inspection  during
such time.
  S 5. Subparagraph (v) of paragraph 6 of subdivision (b) of section 1-i
of  the  legislative  law, as added by chapter 2 of the laws of 1999, is
amended to read as follows:
  (v) expenses of more than fifty dollars  must  be  paid  by  check  or
substantiated  by receipts and such checks and receipts shall be kept on
file by such public corporation for a period of three  [years]  BIENNIAL
FILING PERIODS.
  S  6. Paragraph 2 of subdivision (c) of section 1-i of the legislative
law, as added by chapter 2 of the laws of 1999, is amended  to  read  as
follows:
  (2)  Such  bi-monthly  reports  shall  be kept on file for a period of
three [years] BIENNIAL FILING  PERIODS  and  shall  be  open  to  public
inspection during such period.
  S 7. Subparagraph (v) of paragraph 5 of subdivision (b) of section 1-j
of  the legislative law, as amended by chapter 1 of the laws of 2005, is
amended to read as follows:
  (v) expenses of more than fifty dollars  must  be  paid  by  check  or
substantiated  by receipts and such checks and receipts shall be kept on
file by such client for a period of three [years] BIENNIAL FILING  PERI-
ODS.
  S  8. Paragraph 2 of subdivision (c) of section 1-j of the legislative
law, as amended by chapter 1 of the laws of 2005, is amended to read  as
follows:
  (2)  Such  semi-annual  reports  shall be kept on file for a period of
three [years] BIENNIAL FILING  PERIODS  and  shall  be  open  to  public
inspection during such period.
  S 9. This act shall take effect immediately.

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Senate Bill S4267

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Sponsored By

Carl Kruger