Creates an executive ethics and compliance commission and a new legislative ethics and compliance commission; repealer

Summary of specific provisions

This bill would:

* Establish the "Executive Ethics and compliance commission" to govern the executive branch, replacing the current commission on Public Integrity: The commission would consist of six members; two each would be appointed by the Governor, the Comptroller, and the Attorney General. The commission would appoint an Executive Director to a three year term, who could only be removed for cause and by a majority vote of the commission;

* Add new language to clarify the definition of "widely attended event" to be at least 25 people, excluding legislators and legislative staff: and of "nominal food and beverage" to be less than ten dollars. It would also allow transportation for local tours to be provided by an entity that does not own the facility being toured;

* Establish a new independent state Commission on Lobbying to be known as the "New York State commission on Lobbying Ethics and compliance." This commission would consist of six members; two of the members would be appointed by the Governor, and one by the Temporary president of the Senate, one by the Speaker of the Assembly, one by the Minority Leader of the Senate, and one by the Minority Leader of the Assembly;

* Members would serve four year terms commencing on the first day of January, two thousand ten. The Chair and Vice Chair would be elected by the majority of members of the Commission to serve a one year term and the chair and vice chair must be members of different political parties. Members of the Commission would receive a per diem allowance for their services in the sum of one hundred dollars for each day spent in the performance of their duties to a maximum of $5,000. An Executive Director would be appointed by a majority vote of the Commission and would serve a three year term. The Executive Director could only be removed for cause and by a majority vote of the Commission;

* Establish a "Joint Legislative Commission on Ethics Standards" consisting of eight members to replace the current Legislative Ethics Commission. Four members would be members of the Legislature and one would be appointed by each of the legislative leaders. The remaining four members would also be appointed, one each by the legislative leaders, and could not be present or former members of the Legislature, candidates for member of the Legislature or employees of the Legislature. The Commission would be responsible for advisory opinions, financial disclosures, ethics training and education, and the imposition of penalties for violations of section 73, 73-a and 74 of the public officers law;

* Establish a new "Legislative Office of Ethics Investigations" responsible for assisting the Legislature to carry out its investigatory and enforcement responsibilities with regard to ethical standards and receiving referrals of complaints for investigations from the Joint Legislative Commission on Ethics Standards, from the Standing Committees on Ethics in the Senate and Assembly, and from the public;

* The Legislative Office of Ethics Investigations would receive referrals and conduct investigations pursuant to procedures and timelines set forth in the legislation;

* Provide appropriate funds for the establishment of the "New York State Commission on Lobbying Ethics and Compliance," the "Executive Ethics and Compliance Commission," the "Joint Legislative Commission on Ethics Standards," and the "Legislative Office of Ethics Investigations";

* Expand financial disclosure to make categories of value public, add an additional category of value, and increase disclosure regarding business and appearances before state agencies and consulting services, and increase lobbying disclosure regarding business relationships with state public officials;

* Require the Committee on Open Government to prepare an annual report summarizing the public actions of the Joint Legislative Commission on Ethics Standards, the Legislative Office of Ethics Investigations, the State Commission on Lobbying, the Senate and Assembly Standing Committees on Ethics, and the Executive Ethics and Compliance Commission.

Existing law

This act amends section 94 of the executive law. Subdivisions 1-b, 1-c, 1-d, 1-e, 1-h, 1-i, and 1-j of the legislative law are amended. Section 80 of the legislative law is repealed and two new sections 80 and 81 are added to the legislative law. A new section 89 is added to the public officers law. Additionally, sections 73 and 73-a of the public officers law is amended.

Justification

This bill seeks to increase the independence of the state's ethics entities by replacing the Commission on Public Integrity with the Executive Ethics and Compliance Commission, and creating other bodies charged with a variety of responsibilities, including compliance and oversight of the public officers law, issuance of advisory opinions to prevent ethical lapses before they occur, investigatory and enforcement powers and compliance and enforcement of the lobbying law. The New York State Inspector General issued a report in May 2009 that detailed weaknesses and concerns about the Commission on Public Integrity, and demonstrated the need to strengthen ethics oversight in the state and strengthen the ethics bodies' independence, transparency, and accountability to the public. This bill takes several steps toward reaching those goals.

Prior legislative history

2009-2010: S.6064/A.9032 (Passed Assembly 2009)

Fiscal implications for state and local governments

The State of New York shall appropriate during each fiscal year to the New York State Commission on Lobbying Ethics and compliance not less than seven and one-half per centum of the appropriation available from the General Fund to pay for the expenses of the Department of State; it shall appropriate during each fiscal year to the Executive Ethics and Compliance Commission not less than seven and one-half per centum of the appropriation available to pay for the expenses of the Department of State; it shall appropriate to the Joint Legislative Commission on Ethics Standards and the Legislative Office of Ethics Investigations not less than one per centum of the appropriation available to the State Senate.

Effective date

January 1, 2012, provided however that Sections 1 through 11 will expire and be deemed repealed six years after such effective date; provided further that Sections 5-a and IS shall take effect January 1, 2013.