NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2507A
SPONSOR: Paulin PURPOSE OR GENERAL IDEA OF BILL:
This bill requires the website posting of financial disclosure filings
for candidates for state elected office who are required to make such
filings given that such filings, are already public documents, but
unhelpfully are not made easily accessible.
SUMMARY OF PROVISIONS:
Section 1: amends paragraph (k) of subdivision 2 of section 73-a of the
public officers law, by adding candidates for statewide office or candi-
dates for a member of the legislature to the list of individuals subject
to the financial disclosure statement reporting requirements.
Section 2: amends paragraph (b) of subdivision 13 of section 94 of the
executive law, to require the posting of candidate forms on the Commis-
sion for Ethics and Lobbying in Government's (COELIG) website.
Section 3: Sets the effective date.
JUSTIFICATION:
It is important for voters to know about the conflicts and potential
conflicts of interest of candidates running for office. Elected state-
wide office holders and members of the Legislature are already required
to submit financial disclosure filings as public documents and they are
posted publicly on the JCOPE website. However, for candidates for these
offices, while they must submit financial disclosures, in order for the
public to access them, a member of the public has to file-a Freedom of
Information Law request. This bill furthers democratic accountability,
and also begins to recognize that with the accelerated primary schedule,
it is important for public disclosure to occur promptly so that voters
can be informed in advance of the elections.
PRIOR LEGISLATIVE HISTORY:
Click here to enter text.
Senate
2021-2022: S7439A, Advanced to Third Reading
2021-2022: S7439A, COMMITTED TO RULES
Assembly
2021-2022: A5950, Referred to Governmental Operations
2021-2022: A5950, Amend and recommit to governmental operations
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect January first next succeeding the date on
which it shall become law.
STATE OF NEW YORK
________________________________________________________________________
2507--A
2023-2024 Regular Sessions
IN ASSEMBLY
January 26, 2023
___________
Introduced by M. of A. PAULIN, GUNTHER -- read once and referred to the
Committee on Governmental Operations -- recommitted to the Committee
on Governmental Operations in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the public officers law and the executive law, in
relation to posting financial disclosure filings for candidates for
statewide office or candidates for a member of the legislature
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (k) of subdivision 2 of section 73-a of the
2 public officers law, as amended by section 7 of part QQ of chapter 56 of
3 the laws of 2022, is amended to read as follows:
4 (k) The commission on ethics and lobbying in government shall post for
5 at least five years beginning for filings made on January first, two
6 thousand thirteen the annual statement of financial disclosure and any
7 amendments filed by each person subject to the reporting requirements of
8 this subdivision who is an elected official, candidate for statewide
9 office or candidate for a member of the legislature, on its website for
10 public review within thirty days of its receipt of such statement or
11 within ten days of its receipt of such amendment that reflects any
12 corrections of deficiencies identified by the commission or by the
13 reporting individual after the reporting individual's initial filing.
14 Except upon an individual determination by the commission that certain
15 information may be deleted from a reporting individual's annual state-
16 ment of financial disclosure, none of the information in the statement
17 posted on the commission's website shall be otherwise deleted.
18 § 2. Paragraph (b) of subdivision 13 of section 94 of the executive
19 law, as added by section 2 of part QQ of chapter 56 of the laws of 2022,
20 is amended to read as follows:
21 (b) The commission shall post on its website the following documents:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05251-03-4
A. 2507--A 2
1 (i) the information set forth in an annual statement of financial
2 disclosure filed pursuant to section seventy-three-a of the public offi-
3 cers law except information deleted pursuant to paragraph (g) of subdi-
4 vision nine of this section of statewide elected officials and members
5 of the legislature, and candidates for statewide elected office and
6 member of the legislature;
7 (ii) notices of delinquency sent under subdivision nine of this
8 section;
9 (iii) notices of civil assessments imposed under this section which
10 shall include a description of the nature of the alleged wrongdoing, the
11 procedural history of the complaint, the findings and determinations
12 made by the commission, and any sanction imposed;
13 (iv) the terms of any settlement or compromise of a complaint or
14 referral which includes a fine, penalty or other remedy;
15 (v) those required to be held or maintained publicly available pursu-
16 ant to article one-A of the legislative law; and
17 (vi) reports issued by the commission pursuant to this section.
18 § 3. This act shall take effect on the first of January next succeed-
19 ing the date on which it shall have become a law.
