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A07187 Summary:

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A07187 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7187
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 6, 2013
                                       ___________
 
        Introduced by M. of A. HEVESI -- read once and referred to the Committee
          on Local Governments
 
        AN ACT to amend the general municipal law, in relation to making techni-
          cal  corrections thereto; and to repeal certain provisions of such law
          relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-

        bly, do enact as follows:
 
     1    Section  1. Sections 13, 14, 15, 16, 17, 18, 19 and 813 of the general
     2  municipal law are REPEALED.
     3    § 2. Article 12 of the general municipal law is REPEALED.
     4    § 3. Subdivision 3 of section 806 of  the  general  municipal  law  is
     5  REPEALED.
     6    §  4.  Subdivision  5  of section 808 of the general municipal law, as
     7  added by chapter 813 of the laws of 1987, is amended to read as follows:
     8    5. A board of ethics of a political subdivision (as defined in section
     9  eight hundred ten of this article) and of any other municipality,  which
    10  is required by local law, ordinance or resolution to be, or which pursu-
    11  ant  to  legal  authority,  in practice is, the repository for completed
    12  annual statements of financial disclosure shall  [notify  the  temporary

    13  state  commission  on  local  government ethics if such commission be in
    14  existence and if not, shall] file a statement  with  the  clerk  of  its
    15  municipality,  that it is the authorized repository for completed annual
    16  statements of financial disclosure [and that on  account  thereof,  such
    17  completed  statements will be filed with it and not with the commission.
    18  Should any local law, ordinance or resolution be adopted which  provides
    19  for  the  filing  of such completed annual statements with the temporary
    20  state commission on local government ethics instead of with  such  board
    21  of ethics, such board of ethics shall notify the temporary state commis-
    22  sion on local government ethics of that fact].
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10553-01-3
        A. 7187                             2
 
     1    §  5.  The  opening  paragraph and subdivision 9 of section 810 of the
     2  general municipal law, as added by chapter 813 of the laws of 1987,  are
     3  amended to read as follows:
     4    As  used  in sections eight hundred eleven[,] and eight hundred twelve
     5  [and eight hundred thirteen] of this article:
     6    9. The term "appropriate body" or "appropriate bodies" shall mean[:
     7    (a) in the case of any political  subdivision  which  has  created  or
     8  hereafter creates a board of ethics which is in existence at the time an

     9  annual  statement  of  financial  disclosure  is due, and which has been
    10  designated by local law, ordinance or resolution to  be  the  repository
    11  for such completed statements, such board of ethics;
    12    (b)  in  the  case  of  any political subdivision which has created or
    13  hereafter creates a board of ethics which is in existence at the time an
    14  annual statement of financial disclosure is due, and which has not  been
    15  designated  by  local  law, ordinance or resolution to be the repository
    16  for such completed statements, the temporary state commission  on  local
    17  government ethics;
    18    (c)  in  the  case  of any political subdivision for which no board of
    19  ethics is in existence at the time  an  annual  statement  of  financial

    20  disclosure  is  due,  the temporary state commission on local government
    21  ethics] the board of ethics for the political subdivision.
    22    § 6. Paragraphs (c) and (d) of subdivision 1 of  section  811  of  the
    23  general  municipal law, as added by chapter 813 of the laws of 1987, are
    24  amended to read as follows:
    25    (c) The governing body of a political subdivision or any other county,
    26  city, town or village which requires any local or municipal  officer  or
    27  employee  or  any  local  elected  official or any local political party
    28  official to complete and file either of such annual statements of finan-
    29  cial disclosure shall have, possess, exercise and enjoy all the  rights,
    30  powers  and  privileges attendant thereto which are necessary and proper
    31  to the enforcement of such requirement, including but  not  limited  to,

    32  the  promulgation  of rules and regulations pursuant to local law, ordi-
    33  nance or resolution, which rules or  regulations  may  provide  for  the
    34  public availability of items of information to be contained on such form
    35  of statement of financial disclosure, the determination of penalties for
    36  violation  of  such  rules  or regulations, and such other powers as are
    37  [conferred upon the  temporary  state  commission  on  local  government
    38  ethics  pursuant  to  section  eight hundred thirteen of this article as
    39  such local governing body determines are] warranted  under  the  circum-
    40  stances existing in its county, city, town or village.
    41    (d) The local law, ordinance or resolution, if and when adopted, shall
    42  provide  for  the annual filing of completed statements [with either the

    43  temporary state commission on local government ethics or] with the board
    44  of ethics of the political subdivision or other municipality  and  shall
    45  contain  the  procedure for filing such statements and the date by which
    46  such filing shall be required. If the board of ethics is  designated  as
    47  the appropriate body, then such local law, ordinance or resolution shall
    48  confer  upon  the  board  appropriate  authority  to enforce such filing
    49  requirement, including the authority to promulgate rules and regulations
    50  [of the same import as those which the  temporary  state  commission  on
    51  local  government  ethics enjoys under section eight hundred thirteen of
    52  this article]. Any such local law, ordinance or resolution shall author-
    53  ize exceptions with respect to complying  with  timely  filing  of  such

    54  disclosure  statements  due to justifiable cause or undue hardship.  The
    55  appropriate body shall prescribe rules and regulations related  to  such
    56  exceptions  with  respect  to  extensions and additional periods of time
        A. 7187                             3
 
     1  within which to file such statement including the imposition of  a  time
     2  limitation upon such extensions.
     3    § 7. Paragraph (a) of subdivision 1 and paragraph (a) of subdivision 3
     4  of  section  812 of the general municipal law, as amended by chapter 813
     5  of the laws of 1987, the opening paragraph of paragraph (a) of  subdivi-
     6  sion 1 as amended by chapter 85 of the laws of 2004, are amended to read
     7  as follows:
     8    (a)  Any  political subdivision or other county, city, town or village
     9  to which all of the provisions of  this  section  are  made  applicable,

    10  whether  as the result of the provisions contained in subdivision two of
    11  section eight hundred eleven of this  article  or  as  a  result  of  an
    12  election to be subject to the provisions of this section as permitted by
    13  subdivision  two  of  this  section, shall require (i) each of its local
    14  elected officials and local officers  and  employees,  (ii)  each  local
    15  political  party  official  and  (iii)  each candidate for local elected
    16  official with respect to such political subdivision, to file  an  annual
    17  statement  of financial disclosure containing the information and in the
    18  form set forth in subdivision five of this section except  that  disclo-
    19  sure  requirements  for  assessors  who  are not covered by this article
    20  shall be governed by the requirements of section three  hundred  thirty-
    21  six  of  the  real property tax law. Such statement shall be filed on or

    22  before the fifteenth day of May with respect to the  preceding  calendar
    23  year, except that:
    24    (i)  a  person  who  is  subject to the reporting requirements of this
    25  subdivision and who timely filed with the internal  revenue  service  an
    26  application  for automatic extension of time in which to file his or her
    27  individual income tax return for the immediately preceding  calendar  or
    28  fiscal  year  shall be required to file such financial disclosure state-
    29  ment on or before May fifteenth but may, without being subjected to  any
    30  civil penalty on account of a deficient statement, indicate with respect
    31  to  any  item  of the disclosure statement that information with respect
    32  thereto is lacking but will be supplied in a supplementary statement  of
    33  financial  disclosure, which shall be filed on or before the seventh day
    34  after the expiration of the period of such automatic extension  of  time

    35  within  which  to  file such individual income tax return, provided that
    36  failure to file or to timely file such supplementary statement of finan-
    37  cial disclosure or the filing of an incomplete or deficient supplementa-
    38  ry statement of financial disclosure shall be subject to the notice  and
    39  penalty  provisions  of  this  section  respecting  annual statements of
    40  financial disclosure as if such supplementary statement were  an  annual
    41  statement;
    42    (ii)  [a person who is required to file an annual financial disclosure
    43  statement with  the  temporary  state  commission  on  local  government
    44  ethics,  and who is granted an additional period of time within which to
    45  file such statement due to  justifiable  cause  or  undue  hardship,  in
    46  accordance  with  required  rules and regulations on the subject adopted

    47  pursuant to paragraph c of subdivision nine  of  section  eight  hundred
    48  thirteen  of  this  article,  shall file such statement within the addi-
    49  tional period of time granted;
    50    (iii)] candidates for local  elected  official  who  file  designating
    51  petitions for nomination at a primary election shall file such statement
    52  within  seven  days  after the last day allowed by law for the filing of
    53  designating petitions naming them as candidates for the next  succeeding
    54  primary election;
    55    [(iv)]  (iii)  candidates for independent nomination for local elected
    56  official who have not been designated by a party to receive a nomination
        A. 7187                             4
 
     1  shall file such statement within seven days after the last  day  allowed

     2  by law for the filing of independent nominating petitions naming them as
     3  candidates  for local elected official in the next succeeding general or
     4  special or village election; and
     5    [(v)] (iv) candidates for local elected official who receive the nomi-
     6  nation  of  a party for a special election or who receive the nomination
     7  of a party other than at a primary  election  (whether  or  not  for  an
     8  uncontested  office)  shall  file such statement within seven days after
     9  the date of the meeting of the party committee at which they  are  nomi-
    10  nated.
    11    (a)  Such  local  law,  ordinance  or  resolution must provide for the
    12  promulgation of a form of an annual statement  of  financial  disclosure
    13  described  in  subdivision  one  of section eight hundred eleven of this
    14  article for use with respect to information the governing body  requires

    15  to  be  reported for the calendar year next succeeding the year in which
    16  such local law, ordinance or resolution is  adopted  and  for  use  with
    17  respect  to  information required to be reported for subsequent calendar
    18  years; and shall provide for the filing  of  completed  statements  with
    19  [either  the  temporary  state  commission on local government ethics or
    20  with] the board of ethics of the political subdivision or other  munici-
    21  pality[, as specified in subdivision one of section eight hundred eleven
    22  of this article].
    23    § 8. This act shall take effect immediately.