§ 1-D — Lobby-related powers of the commission

New York § 1-D

• Jurisdiction: New York
• Law LEG: Legislative
• Art. 1-A: Lobbying Act

Text

§ 1-d. Lobby-related powers of the commission. In addition to any\nother powers and duties provided by section ninety-four of the executive\nlaw, the commission shall, with respect to its lobbying-related\nfunctions only, have the power and duty to:\n (a) administer and enforce all the provisions of this article;\n (b) conduct a program of random audits subject to the terms and\nconditions of this section. Any such program shall be carried out in the\nfollowing manner:\n (i) The commission may randomly select reports or registration\nstatements required to be filed by lobbyists or clients pursuant to this\narticle for audit. Any such selection shall be done in a manner pursuant\nto which the identity of any particular lobbyist or client whose\nstatement or report is selected for audit is unknown to the commission,\nits staff or any of their agents prior to selection.\n (ii) The commission shall develop protocols for the conduct of such\nrandom audits. Such random audits may require the production of books,\npapers, records or memoranda relevant and material to the preparation of\nthe selected statements or reports, for examination by the commission.\nAny such protocols shall ensure that similarly situated statements or\nreports are audited in a uniform manner.\n (iii) The commission shall contract with an outside accounting entity,\nwhich shall monitor the process pursuant to which the commission selects\nstatements or reports for audit and carries out the provisions of\nparagraphs (i) and (ii) of this subdivision and certifies that such\nprocess complies with the provisions of such paragraphs.\n (iv) Upon completion of a random audit conducted in accordance with\nthe provisions of paragraphs (i), (ii) and (iii) of this subdivision,\nthe commission shall determine whether there is reasonable cause to\nbelieve that any such statement or report is inaccurate or incomplete.\nUpon a determination that such reasonable cause exists, the commission\nmay require the production of further books, records or memoranda,\nsubpoena witnesses, compel their attendance and testimony and administer\noaths or affirmations, to the extent the commission determines such\nactions are necessary to obtain information relevant and material to\ninvestigating such inaccuracies or omissions;\n (c) conduct hearings pursuant to article seven of the public officers\nlaw. Any hearing may be conducted as a video conference in accordance\nwith the provisions of subdivision four of section one hundred four of\nthe public officers law;\n (d) prepare uniform forms for the statements and reports required by\nthis article;\n (e) meet at least once during each bi-monthly reporting period of the\nyear as established by subdivision (a) of section one-h of this article\nand may meet at such other times as the commission, or the chair and\nvice-chair jointly, shall determine;\n (f) issue advisory opinions to those under its jurisdiction. Such\nadvisory opinions, which shall be published and made available to the\npublic, shall not be binding upon such commission except with respect to\nthe person to whom such opinion is rendered, provided, however, that a\nsubsequent modification by such commission of such an advisory opinion\nshall operate prospectively only; and\n (g) submit by the first day of March next following the year for which\nsuch report is made to the governor and the members of the legislature\nan annual report summarizing the commission's work, listing the\nlobbyists and clients required to register pursuant to this article and\nthe expenses and compensation reported pursuant to this article and\nmaking recommendations with respect to this article. The commission\nshall make this report available free of charge to the public.\n (h) provide an online ethics training course for individuals\nregistered as lobbyists pursuant to section one-e of this article. The\ncurriculum for the course shall include, but not be limited to,\nexplanations and discussions of the statutes and regulations of New York\nconcerning ethics in the public officers law, the election law, the\nlegislative law, summaries of advisory opinions, underlying purposes and\nprinciples of the relevant laws, and examples of practical application\nof these laws and principles. The commission shall prepare those methods\nand materials necessary to implement the curriculum. Each individual\nregistered as a lobbyist pursuant to section one-e of this article shall\ncomplete such training course at least once in any three-year period\nduring which he or she is registered as a lobbyist.\n