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 section ninety-four of the executive

law, the commission shall, with respect to its lobbying-related

functions only, have the power and duty to:

(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 seven of the public officers

law. Any hearing may be conducted as a video conference in accordance

with the provisions of subdivision four of section one hundred four 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 lobbyists and clients

listed on a statement of registration submitted 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. Through calendar year two thousand twenty-six, each lobbyist

and client shall complete such training course at least once in any

three-year period during which the lobbyist or client is listed on a

statement of registration submitted pursuant to section one-e of this

article in accordance with procedures adopted by the commission.

Commencing with the two thousand twenty-seven--two thousand twenty-eight

biennial period and thereafter, each lobbyist and client shall complete

such training course at least once in each biennial period and at least

once every two years during which the lobbyist or client is listed on a

statement of registration submitted pursuant to section one-e of this

article, in accordance with procedures adopted by the commission.

(i) impose a fee for failure to complete the online ethics training

course in a timely manner as required by this section, not to exceed

twenty-five dollars for each day that the lobbyist or client is late, in

accordance with procedures adopted by the commission.