Bill S5325A-2013

Requires the joint commission on public ethics to develop and maintain an ethics training course for members and staff of the legislature; requires members of the legislature to successfully complete the course

Requires the joint commission on public ethics to develop and maintain an ethics training course for members and staff of the legislature; requires all members of the legislature to successfully complete the ethics training course on an annual basis.

Details

Actions

  • Apr 7, 2014: PRINT NUMBER 5325A
  • Apr 7, 2014: AMEND AND RECOMMIT TO FINANCE
  • Jan 8, 2014: REFERRED TO FINANCE
  • May 16, 2013: REFERRED TO FINANCE

Memo

BILL NUMBER:S5325A

TITLE OF BILL: An act to amend the executive law, in relation to requiring the joint commission on public ethics to develop and maintain an ethics training course for members and staff of the legislature; and to amend the legislative law, in relation to requiring all members of the legislature to successfully complete the ethics training course on an annual basis

PURPOSE: Requires the Joint Commission on Public Ethics (JCOPE) to develop an maintain an ethics training course for Members and Staff of the Legislature and to require all Members and staff of the Legislature to successfully complete the ethics training course on an annual basis.

SUMMARY OF PROVISIONS:

Section One of the bill amends subdivision 9 of section 94 of the Executive Law to add a new paragraph (o) to state that JCOPE shall develop and maintain an ethics training course for member and staff of the Legislature, Such course shall be designed to help legislators and staff in understanding and complying with current ethical and campaign finance requirements under state law, legislative rules and federal law. The course shall be made to members and staff of the Legislature and to the general public on the Internet and shall include training materials and exercises to be completed as part of the course and shall include provisions for verifying when a legislator has successfully completed key training exercises.

Section Two of the bill as a new section, 81, to the Legislative Law to state that each member of the Legislature shall annually complete the ethics training course developed by JCOPE, successfully complete the key training exercise of the course and verify completion on his or her annual legislative financial disclosure form.

Newly elected legislators shall complete the ethics training course within seven days of being sworn into office.

Failure to comply shall be a class A misdemeanor and shall be punishable by a fine of $5,000.

EXISTING LAW: Currently there is no ethics training requirement for Members and staff of the Legislature

JUSTIFICATION: Recent events have once again highlighted the troubling prevalence of public corruption in New York State government. While several states require mandatory ethics training for state legislators, New York does not. This legislation will insure that Member of the New York State legislators receive annual ethics training. Failure to complete the annual training is a Class A misdemeanor and a fine of up to $5,000.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect on January 1, 2015


Text

STATE OF NEW YORK ________________________________________________________________________ 5325--A 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________
Introduced by Sens. HOYLMAN, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- recom- mitted to the Committee on Finance in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to requiring the joint commission on public ethics to develop and maintain an ethics training course for members and staff of the legislature; and to amend the legislative law, in relation to requiring all members of the legisla- ture to successfully complete the ethics training course on an annual basis THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 9 of section 94 of the executive law is amended by adding a new paragraph o to read as follows: (O) THE COMMISSION SHALL DEVELOP AND MAINTAIN AN ETHICS TRAINING COURSE FOR MEMBERS AND STAFF OF THE LEGISLATURE. SUCH COURSE SHALL BE DESIGNED TO HELP LEGISLATORS AND STAFF IN UNDERSTANDING AND COMPLYING WITH CURRENT ETHICAL AND CAMPAIGN FINANCE REQUIREMENTS UNDER STATE LAW, LEGISLATIVE RULES AND FEDERAL LAW. THE COURSE WHICH SHALL BE AVAILABLE TO MEMBERS AND STAFF OF THE LEGISLATURE AND TO THE GENERAL PUBLIC ON THE INTERNET, SHALL INCLUDE TRAINING MATERIALS AND EXERCISES TO BE COMPLETED AS PART OF THE COURSE AND SHALL INCLUDE PROVISIONS FOR VERIFYING WHEN A LEGISLATOR HAS SUCCESSFULLY COMPLETED KEY TRAINING EXERCISES. S 2. The legislative law is amended by adding a new section 81 to read as follows: S 81. ETHICS TRAINING COURSE. 1. EACH MEMBER OF THE LEGISLATURE SHALL: A. ANNUALLY COMPLETE THE ETHICS TRAINING COURSE DEVELOPED BY THE JOINT COMMISSION ON PUBLIC ETHICS PURSUANT TO PARAGRAPH O OF SUBDIVISION NINE OF SECTION NINETY-FOUR OF THE EXECUTIVE LAW; B. SUCCESSFULLY COMPLETE THE KEY TRAINING EXERCISES OF THE COURSE; AND
C. VERIFY THE COMPLETION ON HIS OR HER ANNUAL LEGISLATIVE FINANCIAL DISCLOSURE FORM. 2. NEWLY ELECTED LEGISLATORS SHALL COMPLETE THE ETHICS TRAINING COURSE WITHIN SEVEN DAYS OF BEING SWORN INTO OFFICE. 3. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL BE A CLASS A MISDEMEANOR AND SHALL BE PUNISHABLE BY A FINE OF FIVE THOUSAND DOLLARS. S 3. If any part or provision of this act is adjudged by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such judgment shall not affect or impair any other part or provision of this act, but shall be confined in its operation to such part or provision. S 4. This act shall take effect January 1, 2015.

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