Relates to the executive ethics and compliance commission; REPEALER

Section 2 changes section 1-b of the Legislative Law to read the "Ethical Standards in Lobbying act of 20l0."

Section 3 amends paragraph (i) of subdivision (c), subdivision (f) and paragraphs (i), (ii), (x), (xi) and (xii) of subdivision G) and creates a new subdivision (w) of section 1-c of the Legislative Law to expand the definition of "lobbying" and to clarify definitions of the gift exceptions.

Section 4 amends section 1-d of the Legislative Law to create the New York State Commission on Lobbying Ethics and Compliance to replace the Commission on Public Integrity.

Section 5 amends subdivision (b) and paragraph 3 of subdivision (c) of section 1-e of the Legislative Law to make technical changes to maintaining records.

Section 6 amends subdivision (c) of section 1-e of the Legislative Law to require lobbyists who have reportable business relationships with a statewide elected official, state officer or employee, member of the Legislature or legislative employee to disclose the nature of business and the compensation.

Section 7 amends subdivision (b) of section 1-j of the Legislative Law to require clients of lobbyists who have reportable business relationships with a statewide elected official, state officer or

employee, member of the Legislature or legislative employee to disclose the nature of business and the compensation.

Section 8 amends subparagraphs (v) of paragraph 5 of subdivision (b) and paragraph 2 of subdivision (c) of section 1-h of the Legislative Law to make technical changes to maintaining records.

Section 9 amends subparagraph (v) of paragraph 6 of subdivision (b) and paragraph 2 of subdivision (c) of section 1-i of the Legislative Law to make technical changes to maintaining records.

Section 10 amends subparagraph (v) of paragraph 5 of subdivision (b) and paragraph 2 of subdivision (c) of section 1-j of the Legislative Law to make technical changes to maintaining records.

Section 11 amends 1-m of the Legislative Law, as added by chapter 14 of the laws of 2007 expands the prohibition of giving gifts to state officers, commissions, councils, public authorities and public benefit corporations.

Section 12 amends paragraph (ii) of subdivision (a), subparagraph (B) of paragraph (iii) and paragraphs (iv) and (v) of subdivision (b) of section 1-o of the legislative law, to increase the penalties for multiple violations of the lobbying laws.

Section 13 amends section 1-p by adding a new subdivision (d) to require the respective commissions and bodies created by this legislation to refer any information relating to an alleged violation of sections 73 or 74 of the Public Officers Law to the appropriate commission.

Section 14 repeals section 66-a of the Legislative Law.

Section 15 repeals section 80 of the Legislative Law and adds sections 80 and 81 to create the Legislative Office of Ethics Investigation and the Joint Legislative Commission on Ethics Standards with jurisdiction over members of the legislature and legislative employees.

Section 16 amends paragraph (c) of subdivision (6) and (10) of section 73 of the Public Officers Law to make technical changes to naming of the appropriate commissions.

Section 17 amends and renumbers subdivisions 17 and 18 of section 73 the Public Officers Law as subdivisions 18 and 19 and adds a new subdivision 17 that bans legislative employees from promoting or opposing legislation except within the scope of their employment.

Section 18 amends subparagraph (ii) of paragraph (a) and paragraphs (c), (d), (f) and (g) of subdivision 2 of section 73-a of the public officers law to make technical changes to naming of the appropriate commissions.

Section 19 amends subdivision 3 of section 73-a of the Public Officers Law to strengthen disclosure requirements on the forms of annual statement of financial disclosure.

Section 20 adds a new section 74-b of the Public Officers law that requires elected officials to report any business relationships they may have with lobbyists or lobbyist clients.

Section 21 makes appropriations for the New York State Commission on Lobbying and Ethics Compliance, the Executive Ethics and Compliance Commission, the Joint Legislative Commission on Ethics Standards and the Legislative Office of Ethics Investigations.

Section 22 provides for the transfer of employees in accordance with section 70 of the Civil Service Law upon the transfer of functions to the commissions created by this act.

Section 23 provides for the transfer of records between the Commission on Public Integrity and the Legislative Ethics Commission to the appropriate commission created by this act.

Section 24 provides for the transfer of unfinished business of the Commission on Public Integrity or the Legislative Ethics Commission to the appropriate commission created by this act.

Section 25 provides for the transfer of terms, contracts and other documents that refer to the Commission on Public Integrity or the Legislative Ethics Commission to the appropriate commission created by this act.

Section 26 preserves existing rights and remedies.

Section 27 provides for the continuance of pending actions of the Commission on Public Integrity or the Legislative Ethics Commission by the appropriate commission created by this act.

Section 28 provides for the transfer of appropriations to the Commission on Public Integrity or the Legislative Ethics Commission to the appropriate commission created by this act.

Section 29 amends subdivision (3) of section 3-100 of the Election Law to codify an enforcement counsel and special counsel who shall serve for a term of 4 years.

Section 30 amends subdivision (3), paragraph (c) of subdivision (9-A) and subdivision (17) of section 3-102 of the Election Law to incorporate the State board of elections enforcement counsels' role in relation to the general powers and duties of the State board of elections.

Section 31 amends section 3-104 of the Election Law to enumerate the powers of the State board of elections enforcement unit and the enforcement counsel as well as the procedure for investigating alleged campaign finance violations between the State board of elections commission and the enforcement unit.

Section 32 adds subdivisions (12), (13), and (14) to section 14-100 of Election Law creating new definitions for article 14 of Election Law.

Section 33 subdivision (5) of section 14-102 of Election Law is repealed and a new subdivision (5) is added to codify the State board of election regulation that waives duplicate local filing with a county board of elections or with the board of elections of the city of New York when filed electronically with the State board of election and amends subdivisions (1) and (3) to require the itemization of one expenditure which is made for more than one purpose.

Section 34 subdivision (3) of section 14-104 of Election Law is repealed and a new subdivision (3) is added to codify the State board of election regulation that waives duplicate local filing with a county board of elections or with the board of elections of the city of New York when filed electronically with the State board of election.

Section 35 amends section 14-106 of Election Law to requires political communications to truthfully identify the source of such communication.

Section 36 creates a new section 14-107 of Election Law creating the definition of independent expenditure reporting and the requirement to a file a statement with the State board of elections.

Section 37 amends subdivision (1) of section 14-108 of Election Law requiring periodic campaign finance statement filings to be filed during the months of January, May and July.

Section 38 amends section 14-126 of Election Law to increase the penalty for failure to file a campaign finance statement, creates civil penalties for failure to file an independent expenditure report and the unlawful acceptance of a contribution in excess of a contribution limitation and creates an additional penalty for failure to file 3 or more statements in an election cycle.

Section 39 amends section 16-100 of Election Law to vest the County Court with the jurisdiction to hear an enforcement proceeding pursuant to section 16-120 of Election Law.

Section 40 creates a new section 16-120 of Election Law creating an enforcement proceeding within the Supreme Court to impose a civil penalty for a violation of the campaign finance laws.

Section 41 directs the state of New York to appropriate not less than thirty-five percent of the appropriation available from the general fund for the State board of elections to fund the State board of elections enforcement unit.

Section 42 contains the separability clause.

Section 43 contains the effective date.

Existing law

This act amends Section 94 of the Executive Law. Sections 1-b, 1-c, 1-d, 1-e, 1-h, 1-j, 1-m, 1-o, 1-p of the Legislative Law are amended. Section 66-a and 80 are repealed and two new sections, 80 and 81 of the Legislative Law are added. Section 73, 73-a, 74 of the Public Officers law are amended and Section 74-b of the Public Officers law is added. The following sections of the Election law are amended: Section 3-100, 3-102, 3-104, 14-100, 14-102, 14-104, 14-106, 14-108, 14-126, 16-100. Sections 14-107 and 16-120 are added to the Election law.

Justification

A government is only as good as the people who serve it. This legislation attempts to strengthen existing safeguards as well as create greater oversight to ensure that all New York State employees, elected officials, and those who lobby our government conduct themselves ethically and appropriately. This bill takes several steps toward reaching this goal. The Commission on Public Integrity has been replaced with three separate commissions to focus individually on the executive, the legislature, and those who lobby New York State. The Executive Ethics and Compliance Commission, the Joint Legislative Commission on Ethics Standards, and the New York State Commission on Lobbying Ethics and Compliance are each granted newly created powers to conduct random reviews of annual statements of financial disclosure as well as require the reporting of business relationships between lobbyists and elected officials. Designating panels ensure the commissions have greater independence from those they oversee. The annual financial disclosure statements have been improved to eliminate blanket disclosure exemptions and elected officials will now have to fill out an additional form for every business dealing they have with a lobbyist. Lastly, this bill increases the enforcement and requires greater disclosure of New York's campaign finance laws within the provisions of article 14.

Legislative history

This is new legislation.

Fiscal implications

To be determined.

Effective date

This act shall take effect January 1, 2011; provided, however, sections one through fifteen of this act shall expire and be deemed repealed four years after such effective date.