N.Y. Legislative Law 1-D – Lobby-related powers of the commission
§ 1-d. Lobby-related powers of the commission. In addition to any other powers and duties provided by § 94 of the executive law, the commission shall, with respect to its lobbying-related functions only, have the power and duty to:
Terms Used In N.Y. Legislative Law 1-D
- client: shall mean every person or organization who retains, employs or designates any person or organization to carry on lobbying activities on behalf of such client. See N.Y. Legislative Law 1-C
- commission: shall mean the commission on ethics and lobbying in government created by § 94 of the executive law. See N.Y. Legislative Law 1-C
- compensation: shall mean any salary, fee, gift, payment, benefit, loan, advance or any other thing of value paid, owed, given or promised to the lobbyist by the client for lobbying but shall not include contributions reportable pursuant to Article 14 of the election law. See N.Y. Legislative Law 1-C
- Contract: A legal written agreement that becomes binding when signed.
- expenses: shall mean any expenditures incurred by or reimbursed to the lobbyist for lobbying but shall not include contributions reportable pursuant to Article 14 of the election law. See N.Y. Legislative Law 1-C
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- lobbyist: shall mean every person or organization retained, employed or designated by any client to engage in lobbying. See N.Y. Legislative Law 1-C
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) administer and enforce all the provisions of this article;
(b) 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:
(i) The commission may randomly select reports or registration statements required to be filed by lobbyists or clients pursuant to this article for audit. Any such selection shall be done in a manner pursuant to which the identity of any particular lobbyist or client whose statement or report 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 books, papers, records or memoranda relevant and material to the preparation of the selected statements or reports, for examination by the commission. Any such protocols shall ensure that similarly situated statements or reports 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 paragraphs (i) and (ii) of this subdivision and certifies that such process complies with the provisions of such paragraphs.
(iv) Upon completion of a random audit conducted in accordance with the provisions of paragraphs (i), (ii) and (iii) of this subdivision, 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 books, records or memoranda, subpoena witnesses, compel their attendance and testimony and administer oaths or affirmations, to the extent the commission determines such actions are necessary to obtain information relevant and material to investigating such inaccuracies or omissions;
(c) conduct hearings pursuant to Article 7 of the public officers law. Any hearing may be conducted as a video conference in accordance with the provisions of subdivision four of § 104 of the public officers law;
(d) prepare uniform forms for the statements and reports required by this article;
(e) meet at least once during each bi-monthly reporting period of the year as established by subdivision (a) of section one-h of this article and may meet at such other times as the commission, or the chair and vice-chair jointly, shall determine;
(f) issue advisory opinions to those under its jurisdiction. Such advisory opinions, which shall be published and made available to the public, shall not be binding upon such commission except with respect to the person to whom such opinion is rendered, provided, however, that a subsequent modification by such commission of such an advisory opinion shall operate prospectively only; and
(g) submit by the first day of March next following the year for which such report is made to the governor and the members of the legislature an annual report summarizing the commission's work, listing the lobbyists and clients required to register pursuant to this article and the expenses and compensation reported pursuant to this article and making recommendations with respect to this article. The commission shall make this report available free of charge to the public.
(h) provide an online ethics training course for individuals registered as lobbyists pursuant to section one-e of this article. The curriculum for the course shall include, but not be limited to, explanations and discussions of the statutes and regulations of New York concerning ethics in the public officers law, the election law, the legislative law, summaries of advisory opinions, underlying purposes and principles of the relevant laws, and examples of practical application of these laws and principles. The commission shall prepare those methods and materials necessary to implement the curriculum. Each individual registered as a lobbyist pursuant to section one-e of this article shall complete such training course at least once in any three-year period during which he or she is registered as a lobbyist.