NY State Senate Bill 2009-S5773

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to investigations and government operations
Jun 04, 2009	referred to investigations and government operations

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2009-S5773 (ACTIVE) - Details

See Assembly Version of this Bill:: A8728
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §94, Exec L; rpld §73-a sub 2 ¶¶(f) & (g), amd §73-a, add §74-b, Pub Off L; amd §107, Civ Serv L; amd §§60 & 80, Leg L; amd §14-126, El L
Versions Introduced in 2011-2012 Legislative Session:: S1004, A5905

2009-S5773 (ACTIVE) - Summary

Relates to financial disclosure by public officers; repeals certain provision of the legislative law relating thereto.

2009-S5773 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5773

 TITLE OF BILL :
An act to amend the executive law, the public officers law, the civil
service law, the legislative law and the election law, in relation to
financial disclosure by public officers; and to repeal certain
provisions of the public officers law relating thereto


 PURPOSE OR GENERAL IDEA OF BILL :
The bill would strengthen disclosure requirements by requiring public
officials (including legislators and legislative employees) to make
detailed disclosures about business relationships with lobbyists. The
bill would create a new income disclosure category for a value of one
million dollars or more (up from the existing category of $250,000 or
more), and would mandate random audits of these financial disclosure
statements by the relevant ethics commission. The bill would also
tighten the standard for when information on disclosure forms can be
redacted. The bill would apply civil penalties on commissioners after
a failure to conduct random audits.

 SUMMARY OF PROVISIONS :
The bill requires that the Commission on Public Integrity and the
Commission on Legislative Ethics randomly audit financial disclosure
forms submitted by public officials (including legislators and
legislative employees), and subjects the commissioners to civil

penalties for failure to conduct these audits.

The bill expands new disclosure requirements for ethics filings by
imposing an affirmative obligation on the part of any public official
who has a business relationship with an individual or group with
business before that public official to report that relationship, the
name of their business clients and the amount of revenue generated
from that relationship that exceeds $500 per client, sets forth
penalties to be imposed on public officials for failure to file
financial disclosure statements. And the bill adds a new category of
value to be reported: the highest category is now one million or more,
replacing $250,000 or more. The bill also tightens the standard under
which portions of financial disclosure forms may be redacted.

 JUSTIFICATION :
The ethics changes of 2007 included several important reforms. This
bill takes those reforms a step further by expanding disclosure
requirements for public officials and requiring that public officials
disclose relationships with lobbyists and others doing business with
the state. Requiring increased disclosure by public officials will
avoid appearances of conflicts of interest or questions about outside
business relationships. Random audits will increase confidence in
overall compliance with ethics rules.

 PRIOR LEGISLATIVE HISTORY :
None.

 FISCAL IMPLICATIONS :
None anticipated.

 EFFECTIVE DATE :
January 1, 2010.

2009-S5773 (ACTIVE) - Bill Text download pdf

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

                                  5773

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 4, 2009
                               ___________

Introduced by Sens. SQUADRON, ADDABBO, KLEIN, KRUEGER, PERKINS, SAMPSON,
  SAVINO,  SCHNEIDERMAN,  STAVISKY,  THOMPSON, VALESKY -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Investigations and Government Operations

AN  ACT  to  amend the executive law, the public officers law, the civil
  service law, the legislative law and the election law, in relation  to
  financial  disclosure  by  public  officers;  and  to  repeal  certain
  provisions of the public officers law relating thereto

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

  Section  1. Paragraph (f) of subdivision 9 of section 94 of the execu-
tive law, as amended by chapter 14 of the laws of 2007,  is  amended  to
read as follows:
  (f)  Review  financial  disclosure  statements  in accordance with the
provisions of this section AND SHALL CONDUCT A PROGRAM OF RANDOM  AUDITS
SUBJECT  TO  THE TERMS AND CONDITIONS OF THIS SECTION.  ANY SUCH PROGRAM
SHALL BE CARRIED OUT IN THE FOLLOWING MANNER, provided however, that the
commission may delegate all or part of this review function to the exec-
utive director who shall be responsible for completing staff  review  of
such  statements  in  a  manner consistent with the terms of the commis-
sion's delegation;
  (I) THE COMMISSION SHALL RANDOMLY SELECT  FINANCIAL  DISCLOSURE  FORMS
REQUIRED  TO  BE  FILED  BY PUBLIC OFFICERS PURSUANT TO THIS ARTICLE FOR
AUDIT. ANY SUCH SELECTION SHALL BE DONE IN A MANNER  PURSUANT  TO  WHICH
THE  IDENTITY OF ANY PARTICULAR PUBLIC OFFICIAL WHOSE DISCLOSURE FORM IS
SELECTED FOR AUDIT IS UNKNOWN TO THE COMMISSION, ITS  STAFF  OR  ANY  OF
THEIR AGENTS PRIOR TO SELECTION.
  (II)  THE  COMMISSION  SHALL DEVELOP PROTOCOLS FOR THE CONDUCT OF SUCH
RANDOM AUDITS. SUCH RANDOM AUDITS MAY REQUIRE THE PRODUCTION OF  RECORDS
RELEVANT  AND  MATERIAL  TO  THE PREPARATION OF THE FINANCIAL DISCLOSURE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11571-06-9

S. 5773                             2

FORMS FOR EXAMINATION BY THE COMMISSION. ANY SUCH PROTOCOLS SHALL ENSURE
THAT DISCLOSURE FORMS ARE AUDITED IN A UNIFORM MANNER.
  (III) THE COMMISSION SHALL CONTRACT WITH AN OUTSIDE ACCOUNTING ENTITY,
WHICH SHALL MONITOR THE PROCESS PURSUANT TO WHICH THE COMMISSION SELECTS
STATEMENTS  OR  REPORTS  FOR  AUDIT  AND  CARRIES  OUT THE PROVISIONS OF
SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH  AND  CERTIFIES  THAT  SUCH
PROCESS COMPLIES WITH THE PROVISIONS OF SUCH SUBPARAGRAPHS.
  (IV)  UPON  COMPLETION  OF A RANDOM AUDIT CONDUCTED IN ACCORDANCE WITH
THE PROVISIONS OF SUBPARAGRAPHS (I), (II) AND (III) OF  THIS  PARAGRAPH,
THE  COMMISSION  SHALL  DETERMINE  WHETHER  THERE IS REASONABLE CAUSE TO
BELIEVE THAT ANY SUCH STATEMENT OR REPORT IS INACCURATE  OR  INCOMPLETE.
UPON  A  DETERMINATION THAT SUCH REASONABLE CAUSE EXISTS, THE COMMISSION
MAY REQUIRE THE  PRODUCTION  OF  FURTHER  RECORDS,  SUBPOENA  WITNESSES,
COMPEL  THEIR  ATTENDANCE AND TESTIMONY AND ADMINISTER OATHS OR AFFIRMA-
TIONS, TO THE EXTENT THE COMMISSION DETERMINES SUCH ACTIONS  ARE  NECES-
SARY  TO  OBTAIN INFORMATION RELEVANT AND MATERIAL TO INVESTIGATING SUCH
INACCURACIES OR OMISSIONS.
  (V) IN THE EVENT THAT THE COMMISSION FAILS TO CONDUCT RANDOM AUDITS AS
REQUIRED BY THIS SUBDIVISION, EACH MEMBER OF  THE  COMMISSION  SHALL  BE
ASSESSED A CIVIL PENALTY OF FIVE HUNDRED DOLLARS;
  S  2. Subdivision 11 of section 94 of the executive law, as amended by
chapter 14 of the laws of 2007, is amended to read as follows:
  11. If a person required to file a financial disclosure statement with
the commission has failed to file a disclosure statement or has filed  a
deficient statement, the commission shall notify the reporting person in
writing, state the failure to file or detail the deficiency, provide the
person  with a fifteen day period to cure the deficiency, and advise the
person of the  penalties  for  failure  to  comply  with  the  reporting
requirements.  Such notice shall be confidential. If the person fails to
make such filing or fails to cure the deficiency  within  the  specified
time  period,  the commission shall send a notice of delinquency: (a) to
the reporting person; (b) in the case of a statewide  elected  official,
to  the  temporary  president  of  the  senate [and], the speaker of the
assembly AND THE GOVERNOR; [and] (c) in the case of a state  officer  or
employee,  to  the  appointing authority for such person; AND (D) IN THE
CASE OF A LEGISLATOR OR LEGISLATIVE EMPLOYEE, TO THE TEMPORARY PRESIDENT
OF THE SENATE, THE SPEAKER OF THE  ASSEMBLY  AND  THE  GOVERNOR.    Such
notice  of  delinquency  may  be  sent  at any time during the reporting
person's service as a [statewide] STATE elected official, state  officer
or  employee, political party chair or while a candidate for [statewide]
STATE office, or within one year after termination of  such  service  or
candidacy.  The  jurisdiction of the commission, when acting pursuant to
subdivision thirteen of this section with respect to  financial  disclo-
sure, shall continue notwithstanding that the reporting person separates
from  state  service,  or  ceases  to hold office as a [statewide] STATE
elected official or political party chair, or ceases to be a  candidate,
provided  the  commission notifies such person of the alleged failure to
file or deficient filing pursuant  to  this  subdivision.    FAILURE  TO
RESPOND TO THIS SECOND NOTICE OF DEFICIENCY SHALL REQUIRE THE COMMISSION
TO  MAKE PUBLIC ITS FILE IN THIS MATTER WITHIN SIXTY DAYS OF THE DATE OF
THE SECOND NOTICE AND SHALL BE DEEMED A KNOWING AND WILLFUL  FAILURE  TO
DISCLOSE FOR WHICH A CIVIL PENALTY MUST BE ASSESSED IN ADDITION TO OTHER
REMEDY.
  S  3.  Paragraphs  (f) and (g) of subdivision 2 of section 73-a of the
public officers law are REPEALED.

S. 5773                             3

  S 4. The third undesignated paragraph of paragraph 3 of subdivision  3
of  section  73-a of the public officers law, as added by chapter 813 of
the laws of 1987, is amended to read as follows:
  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 TO UNDER $1 MILLION; AND CATEGORY G - $1 MILLION or over. A
reporting individual shall indicate the Category by letter only.
  S  5. Subparagraph (a) of paragraph 5 of subdivision 3 of section 73-a
of the public officers law, as amended by chapter 242  of  the  laws  of
1989, is amended to read as follows:
  (a)  List the name, address and description of any occupation, employ-
ment (other than the employment listed under Item 2 above), trade, busi-
ness 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 signif-
icant 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.  IN ADDITION, LIST THE
NAME AND ADDRESS OF EACH GOVERNMENTAL AGENCY, CORPORATION,  PARTNERSHIP,
JOINT  VENTURE,  SOLE PROPRIETORSHIP, ASSOCIATION, UNION, OR OTHER BUSI-
NESS OR COMMERCIAL ENTITY FROM WHOM COMPENSATION HAS BEEN  RECEIVED  FOR
ANY  VALUE  OF  FIVE  HUNDRED  DOLLARS OR MORE; THE VALUE OF THE COMPEN-
SATION; AND THE CONSIDERATION GIVEN OR PERFORMED  IN  EXCHANGE  FOR  THE
COMPENSATION.

                                                            State or
               Name & Address                                 Local
    Position   of Organization          Description          Agency

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________

  S  6. Subparagraph (a) of paragraph 8 of subdivision 3 of section 73-a
of the public officers law, as added by chapter 813 of the laws of 1987,
is amended to read as follows:
  (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, OR WORKS AS A MEMBER
OR EMPLOYEE OF A FIRM  REQUIRED  TO  REGISTER  WITH  THE  COMMISSION  AS
REQUIRED  UNDER  SECTION  ONE-E  OF  THE LEGISLATIVE LAW, 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 under-
taken by such firm or corporation. Do not list the name of the  individ-
ual  clients, customers or patients PROVIDED, HOWEVER THAT THE REPORTING
INDIVIDUAL MUST LIST THE NAME AND ADDRESS OF EACH  GOVERNMENTAL  AGENCY,
CORPORATION,  PARTNERSHIP,  JOINT  VENTURE, SOLE PROPRIETORSHIP, ASSOCI-
ATION, UNION, OR OTHER BUSINESS OR COMMERCIAL ENTITY FROM  WHOM  COMPEN-
SATION  HAS BEEN RECEIVED FOR ANY VALUE OF FIVE HUNDRED DOLLARS OR MORE;

S. 5773                             4

THE VALUE OF THE COMPENSATION; AND THE CONSIDERATION GIVEN OR  PERFORMED
IN EXCHANGE FOR THE COMPENSATION.

________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
  S  7.  Subdivision  4  of  section 73-a of the public officers law, as
amended by chapter 242 of the laws  of  1989,  is  amended  to  read  as
follows:
  4. A reporting individual who knowingly and [wilfully] WILLFULLY fails
to file an annual statement of financial disclosure or who knowingly and
[wilfully]  WILLFULLY  with intent to deceive makes a false statement or
gives information which such individual knows to be false on such state-
ment of financial disclosure filed pursuant to  this  section  shall  be
subject to a civil penalty in an amount not to BE LESS THAN FIVE HUNDRED
DOLLARS  AND  NOT  TO exceed ten thousand dollars. Assessment of a civil
penalty hereunder shall be made by  the  [state  ethics]  commission  ON
PUBLIC  INTEGRITY,  or by the legislative ethics [committee] COMMISSION,
as the case may be, with respect to persons subject to their  respective
jurisdictions.  The [state ethics] commission ON PUBLIC INTEGRITY acting
pursuant to subdivision thirteen of section ninety-four of the executive
law, or the legislative ethics [committee] COMMISSION 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 appro-
priate  prosecutor  and upon such conviction, but only after such refer-
ral, 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 crim-
inal may be imposed for a failure to file, or for  a  false  filing,  of
such  statement,  except that the appointing authority may impose disci-
plinary action as otherwise provided by law.] The [state ethics] commis-
sion ON PUBLIC INTEGRITY, and the legislative ethics [committee] COMMIS-
SION 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] commis-
sion ON PUBLIC INTEGRITY or legislative ethics  [committee]  COMMISSION,
pursuant to article seventy-eight of the civil practice law and rules.
  S  8.  The public officers law is amended by adding a new section 74-b
to read as follows:
  S 74-B. REPORTS OF BUSINESS DEALINGS WITH  LOBBYISTS.  1.  ANY  PUBLIC
OFFICER WHO RETAINS, EMPLOYS, DESIGNATES OR OTHERWISE DOES BUSINESS WITH
A LOBBYIST OR LOBBYISTS SHALL, WITHIN THIRTY DAYS OF THE DATE UPON WHICH
SUCH  BUSINESS  DEALINGS  COMMENCE,  FILE  WITH THE COMMISSION ON PUBLIC

S. 5773                             5

INTEGRITY CREATED BY SECTION NINETY-FOUR OF THE EXECUTIVE LAW, A  REPORT
OF SUCH BUSINESS DEALINGS.
  2. SUCH REPORT SHALL BE FILED WITH THE COMMISSION ON PUBLIC INTEGRITY,
ON FORMS SUPPLIED BY SUCH COMMISSION AND SHALL CONTAIN:
  (A) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE PUBLIC OFFICER;
  (B)  THE NAME, ADDRESS AND TELEPHONE NUMBER OF EACH LOBBYIST RETAINED,
EMPLOYED OR DESIGNATED BY SUCH PUBLIC OFFICER OR WITH WHOM  SUCH  PUBLIC
OFFICER DID BUSINESS;
  (C)  A  DESCRIPTION  OF  THE GENERAL SUBJECT OR SUBJECTS OF THE TRANS-
ACTIONS BETWEEN THE PUBLIC OFFICER AND THE LOBBYIST OR LOBBYISTS;
  (D) THE COMPENSATION, INCLUDING EXPENSES, TO BE PAID BY VIRTUE OF  THE
BUSINESS DEALINGS.
  3.  (A)  ALL SUCH REPORTS SHALL BE SUBJECT TO REVIEW BY THE COMMISSION
ON PUBLIC INTEGRITY.
  (B) SUCH REPORTS SHALL BE KEPT ON FILE FOR A PERIOD OF THREE YEARS AND
SHALL BE OPEN TO PUBLIC INSPECTION DURING SUCH PERIOD.
  (C) EACH REPORT FILED BY A PUBLIC OFFICER  PURSUANT  TO  THIS  SECTION
SHALL  BE  ACCOMPANIED  BY A FILING FEE OF FIFTY DOLLARS. IN ADDITION TO
THE FILING FEES AUTHORIZED BY THIS ARTICLE,  THE  COMMISSION  ON  PUBLIC
INTEGRITY  MAY IMPOSE A FEE FOR LATE FILING OF A REPORT REQUIRED BY THIS
SECTION NOT TO EXCEED TWENTY-FIVE DOLLARS FOR EACH DAY THAT  THE  REPORT
REQUIRED TO BE FILED IS LATE, EXCEPT THAT IF THE PUBLIC OFFICER MAKING A
LATE  FILING  HAS  NOT  PREVIOUSLY  BEEN  REQUIRED  BY STATUTE TO FILE A
REPORT, THE FEE FOR LATE FILING SHALL NOT EXCEED TEN  DOLLARS  FOR  EACH
DAY THAT THE REPORT REQUIRED TO BE FILED IS LATE.
  S 9. Subdivision 5 of section 107 of the civil service law, as amended
by chapter 14 of the laws of 2007, is amended to read as follows:
  5.  Violation of this section. Complaints alleging a violation of this
section by a [statewide] STATE elected official or a  state  officer  or
employee,  as  defined  in  section seventy-three of the public officers
law, may be directed to the commission on public integrity.
  S 10. Section 60 of the legislative law, as amended by chapter 416  of
the laws of 1954, is amended to read as follows:
  S 60. Testimony  before  legislative  committees.    1.  A legislative
committee may require the attendance of witnesses in this state whom the
committee may wish to examine, or may issue a commission for  the  exam-
ination  of  witnesses  who are out of the state or unable to attend the
committee or excused from attendance, which commission  if  directed  by
the  house  or  legislature  by  which the committee is appointed may be
executed during the recess of the legislature. A  commission  issued  as
provided  by  this  section  shall  be in the form used in the courts of
record of this state and shall be executed in like manner. Unless other-
wise instructed by the committee appointing them the commissioners shall
examine privately every witness attending before them and shall not make
public the particulars of such examination. No committee of either house
or a joint committee of both houses shall have the power to take  testi-
mony  at a private hearing or at a public hearing unless at least two of
its members are present at such hearing.
  2. THE LEGISLATIVE COMMITTEES RESPONSIBLE FOR OVERSIGHT OF THE COMMIS-
SION ON PUBLIC INTEGRITY CREATED PURSUANT TO SECTION NINETY-FOUR OF  THE
EXECUTIVE LAW SHALL HOLD HEARINGS REGARDING THE ANNUAL REPORT AND RECOM-
MENDATIONS  OF  SUCH COMMISSION WITHIN THIRTY DAYS OF THE PUBLIC RELEASE
OF SUCH COMMISSION'S ANNUAL REPORT.
  S 11. Paragraph h of subdivision 7 of section 80  of  the  legislative
law, as amended by chapter 14 of the laws of 2007, is amended to read as
follows:

S. 5773                             6

  h.  Review  financial  disclosure  statements  in  accordance with the
provisions of this section, AND SHALL CONDUCT A PROGRAM OF RANDOM AUDITS
SUBJECT TO THE TERMS AND CONDITIONS OF THIS SECTION.  ANY  SUCH  PROGRAM
SHALL BE CARRIED OUT IN THE FOLLOWING MANNER, provided however, that the
commission  may  delegate all or part of the review function relating to
financial disclosure statements filed by legislative employees  pursuant
to sections seventy-three and seventy-three-a of the public officers law
to  the executive director who shall be responsible for completing staff
review of such statements in a manner consistent with the terms  of  the
commission's delegation;
  (I)  THE  COMMISSION  SHALL RANDOMLY SELECT FINANCIAL DISCLOSURE FORMS
REQUIRED TO BE FILED BY PUBLIC OFFICERS PURSUANT  TO  THIS  ARTICLE  FOR
AUDIT.  ANY  SUCH  SELECTION SHALL BE DONE IN A MANNER PURSUANT TO WHICH
THE IDENTITY OF ANY PARTICULAR PUBLIC OFFICIAL WHOSE DISCLOSURE FORM  IS
SELECTED  FOR  AUDIT  IS  UNKNOWN TO THE COMMISSION, ITS STAFF OR ANY OF
THEIR AGENTS PRIOR TO SELECTION.
  (II) THE COMMISSION SHALL DEVELOP PROTOCOLS FOR THE  CONDUCT  OF  SUCH
RANDOM  AUDITS. SUCH RANDOM AUDITS MAY REQUIRE THE PRODUCTION OF RECORDS
RELEVANT AND MATERIAL TO THE PREPARATION  OF  THE  FINANCIAL  DISCLOSURE
FORMS FOR EXAMINATION BY THE COMMISSION. ANY SUCH PROTOCOLS SHALL ENSURE
THAT DISCLOSURE FORMS ARE AUDITED IN A UNIFORM MANNER.
  (III) THE COMMISSION SHALL CONTRACT WITH AN OUTSIDE ACCOUNTING ENTITY,
WHICH SHALL MONITOR THE PROCESS PURSUANT TO WHICH THE COMMISSION SELECTS
STATEMENTS  OR  REPORTS  FOR  AUDIT  AND  CARRIES  OUT THE PROVISIONS OF
SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH  AND  CERTIFIES  THAT  SUCH
PROCESS COMPLIES WITH THE PROVISIONS OF SUCH SUBPARAGRAPHS.
  (IV)  UPON  COMPLETION  OF A RANDOM AUDIT CONDUCTED IN ACCORDANCE WITH
THE PROVISIONS OF SUBPARAGRAPHS (I), (II) AND (III) OF  THIS  PARAGRAPH,
THE  COMMISSION  SHALL  DETERMINE  WHETHER  THERE IS REASONABLE CAUSE TO
BELIEVE THAT ANY SUCH STATEMENT OR REPORT IS INACCURATE  OR  INCOMPLETE.
UPON  A  DETERMINATION THAT SUCH REASONABLE CAUSE EXISTS, THE COMMISSION
MAY REQUIRE THE  PRODUCTION  OF  FURTHER  RECORDS,  SUBPOENA  WITNESSES,
COMPEL  THEIR  ATTENDANCE AND TESTIMONY AND ADMINISTER OATHS OR AFFIRMA-
TIONS, TO THE EXTENT THE COMMISSION DETERMINES SUCH ACTIONS  ARE  NECES-
SARY  TO  OBTAIN INFORMATION RELEVANT AND MATERIAL TO INVESTIGATING SUCH
INACCURACIES OR OMISSIONS.
  (V) IN THE EVENT THAT THE COMMISSION FAILS TO CONDUCT RANDOM AUDITS AS
REQUIRED BY THIS SUBDIVISION, EACH MEMBER OF  THE  COMMISSION  SHALL  BE
ASSESSED A CIVIL PENALTY OF FIVE HUNDRED DOLLARS;
  S  12.  Paragraph  i of subdivision 7 of section 80 of the legislative
law, as amended by chapter 14 of the laws of 2007, is amended to read as
follows:
  i. Permit any person required to file a financial disclosure statement
to request the commission to delete from the copy thereof made available
for public inspection and copying one  or  more  items  of  information,
which  may be deleted by the commission upon a finding that the informa-
tion which would otherwise be required to be disclosed  will  RESULT  IN
ECONOMIC  OR  PERSONAL HARDSHIP TO THE REPORTING PERSON AND WILL have no
material bearing on the discharge of  the  reporting  person's  official
duties;
  S  13. Subdivision 1 of section 14-126 of the election law, as amended
by chapter 128 of the laws of 1994, is amended to read as follows:
  1. Any person who fails to file a statement required to  be  filed  by
this  article  shall  be  subject to a civil penalty, not [in excess of]
LESS THAN five hundred dollars AND NOT TO EXCEED TEN  THOUSAND  DOLLARS,

S. 5773                             7

to  be recoverable in a special proceeding or civil action to be brought
by the state board of elections or other board of elections.
  S  14.  The  provisions  of  this act shall apply to the commission on
public integrity, the legislative ethics commission  and  to  the  state
board of elections and to any successor body to any of such entities.
  S 15. Separability clause. If any clause, sentence, paragraph, section
or  part  of this act shall be adjudged by any court of competent juris-
diction to be invalid, such judgment shall not affect, impair or invali-
date the remainder thereof, but shall be confined in  its  operation  to
the  clause,  sentence,  paragraph,  section  or  part  thereof directly
involved in the controversy in  which  such  judgment  shall  have  been
rendered.
  S 16. This act shall take effect January 1, 2010.

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Senate Bill S5773

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

co-Sponsors

2009-S5773 (ACTIVE) - Details

2009-S5773 (ACTIVE) - Summary

2009-S5773 (ACTIVE) - Sponsor Memo

2009-S5773 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5773

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Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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2009-S5773 (ACTIVE) - Details

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2009-S5773 (ACTIVE) - Bill Text download pdf

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