NY State Assembly Bill 2009-A10950

Assembly Bill A10950

2009-2010 Legislative Session

Requires state legislators and candidates for the legislature to fully disclose the sources of all income, in excess of $1,000, from any employment

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 05, 2010	referred to governmental operations

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2009-A10950 (ACTIVE) - Details

Current Committee:: Assembly Governmental Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §73-a, Pub Off L; amd §§80 & 5-a, add §2-a, Leg L; amd §14-108, El L; ren Art 23, §§860 & 861 to be Art 24 §§870 & 871, add Art 23 §§860 - 865, Judy L
Versions Introduced in 2011-2012 Legislative Session:: A1328

2009-A10950 (ACTIVE) - Summary

Provides for the disclosure by members of the legislature and candidates for member of the legislature, of the amount and source of any income, in excess of $1,000, from employment; requires the legislative ethics commission to make the financial disclosure statements of members of the legislature available to the public on the internet; limits term of legislative committee chair to no more than 4 consecutive years; provides that members of the legislature shall not serve more than five two year terms in either house

2009-A10950 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10950

TITLE OF BILL:  An act to amend the public officers law and the
legislative law, in relation to disclosure of all income from
employment (Part A); to amend the legislative law, in relation to the
terms of legislative committee chairs (Part B); to amend the
legislative law, in relation to term limits for state legislators
(Part C); to amend the election law, in relation to the time for
filing statements of campaign receipts and expenditures (Part D); and
to amend the judiciary law, in relation to regulating the activities
of judicial candidates (Part E)

PURPOSE OR GENERAL IDEA OF BILL: Enacts into law major components of
legislation necessary to enact ethics reform.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 establishes each part of the
bill, which enacts into law major components of legislation necessary
to enact ethics reform.

Part A requires full disclosure of a legislator's income, to be
reported on a web site for public review.

Part B adds subdivision 4 to section 5-a of the legislative law, which
prohibits any member of the legislature from serving as the chair of
any committee for more than 4 consecutive years.

Part C adds section 2-b to the legislative law, which prohibits
members of the legislature from serving more than ten years in either
the senate or assembly.

Part D amends subdivision 3 of section 14-108 of the election law,
extends that political financial disclosure statements be filed for
fifteen years.

Part E renumbers article 23 and sections 860 and 861 of the judiciary
law, and adds a new article 23, which states a judicial office shall
be a nonpartisan elected office, and addresses issues to that end.

Section 2 of this bill establishes a severability clause.

JUSTIFICATION: This bill enacts serious and thorough ethical reform by
putting an end to the loopholes and boundless positions of power that
have lead Albany to be cited as the nation's most dysfunctional
legislature. No longer will elected officials leverage their positions
and the trust of the people for personal power and profit.

How much transparency should be demanded by the people of their
representatives? As long as we allow legislators to hold outside
business interests, there is a potential that these outside business
interests could one day come into conflict. This could create a
situation, or at least in the public's eye, the perception of one. By
requiring legislators to disclose and itemize their full outside
income, without exclusion to the well-known "attorney-client
relationship" loophole, all potential and actual conflicts will come
to light.


In enacting committee chair limits, this bill will help bring about a
more honest and open government by circulating new ideas with fresh
leadership and will also further the possibility of innovative
legislation for each committee. In addition, this bill will allow for
an equal distribution of power amongst the majority to prevent any
long term corruption that might be rooted in longstanding
Chairmanship.

Talented legislators have nothing to fear from this piece of
legislation, nor term limits in general. Always remember, there is
life after and beyond Albany. Term limits legislation is the single
most effective solution to ending the "three men in a room" syndrome.
This bill will serve as an additional tool to restore the public's
trust and will also prod legislators into working at a more efficient
and effective pace in order to accomplish their legislative goals.
Some legislators focus on maintaining their incumbency at any cost and
continuously become disconnected from the real world by becoming part
of the problem, rather than part of the solution. Term limits will
keep the legislature fresh with new ideas.  New members and a
refreshing and recurring "passing of the baton" will allow efficient
legislators to move on to bigger and better things and will end the
pay to play system where all of the deals are made by a handful of
Albany legislators who have managed, through longevity and
deal-making, to stick around the longest. The New York State Assembly
should not be a welfare line for New York's wealthy and well
connected.

Current law requires the local & state board of elections to retain
campaign finance statements filed by candidates for public office and
political committees for only five years. It is not uncommon, however,
for elected officials to remain in office for tenures that extend well
beyond this time frame. This measure will continue to hold such
officials and their political committees accountable for campaign
receipts, contributions, transfers and expenditures for a period of
time that more likely corresponds to the longevity of their political
career.

This bill will allow judicial candidates the ability to run for office
based solely on judicial merit, while also making great strides in
alleviating the appearance of impropriety in the judicial election
process. A great number of states already use this process; many
judges favor this concept as it allows them to focus more on the law
and less on elections.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None noted.

EFFECTIVE DATE: This act shall take effect immediately; provided
however, that the applicable effective date of Parts A through E of
this act shall be as specifically set forth in the last section of
such Parts.

2009-A10950 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10950

                          I N  A S S E M B L Y

                               May 5, 2010
                               ___________

Introduced  by  M. of A. BALL, CASTELLI -- read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the public officers law  and  the  legislative  law,  in
  relation  to  disclosure  of  all  income from employment (Part A); to
  amend the legislative law, in relation to  the  terms  of  legislative
  committee  chairs  (Part B); to amend the legislative law, in relation
  to term limits for state legislators (Part C); to amend  the  election
  law,  in  relation  to  the  time  for  filing  statements of campaign
  receipts and expenditures (Part D); and to amend the judiciary law, in
  relation to regulating the activities of judicial candidates (Part E)

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act enacts into law major components of legislation
which are necessary to enact ethics reform.  Each  component  is  wholly
contained  within  a Part identified as Parts A through E. The effective
date of each particular provision contained  within  such  Part  is  set
forth  in  the  last  section of such Part. Any provision in any section
contained within a Part, including the effective date of the Part, which
makes reference to a section "of this act", when used in connection with
that particular component, shall be deemed to  mean  and  refer  to  the
corresponding section of the Part in which it is found. Section three of
this act sets forth the general effective date of this act.

                                 PART A

  Section  1. Paragraph 5 of subdivision 3 of section 73-a of the public
officers law is amended by adding a new  subparagraph  (c)  to  read  as
follows:
  (C)  IF  YOU ARE A MEMBER OF THE LEGISLATURE OR A CANDIDATE FOR MEMBER
OF THE LEGISLATURE, LIST EACH SOURCE AND THE AMOUNT OF INCOME THEREFROM,
IN EXCESS OF $1,000, (OTHER THAN FROM THE EMPLOYMENT LISTED UNDER  PARA-
GRAPH  2  ABOVE)  RECEIVED  DURING  THE  REPORTING PERIOD FOR WHICH THIS
STATEMENT IS FILED BY THE REPORTING  INDIVIDUAL  FROM  THE  PRACTICE  OF
EVERY  OCCUPATION, EMPLOYMENT, TRADE, BUSINESS AND PROFESSION ENGAGED IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD15602-03-0

A. 10950                            2

BY THE REPORTING INDIVIDUAL AND REPORTED IN  SUBPARAGRAPH  (A)  OF  THIS
PARAGRAPH.  INCLUDE,  NOTWITHSTANDING  THE EXISTENCE OF ANY PROFESSIONAL
EXEMPTION, THE NAME AND ADDRESS OF EACH SUCH SOURCE OF INCOME, THE  WORK
PERFORMED TO EARN SUCH INCOME AND THE AMOUNT OF SUCH INCOME.

NAME OF SOURCE      ADDRESS        WORK           AMOUNT OF
OF INCOME                          PERFORMED      INCOME

________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
  S  2.  Paragraphs  i,  p  and  q of subdivision 7 of section 80 of the
legislative law, as amended by chapter 14  of  the  laws  of  2007,  are
amended and a new paragraph r is added to read as follows:
  i. Permit any person required to file a financial disclosure statement
to request the commission to delete from the copy thereof made available
for  public  inspection  and  copying  one or more items of information,
which may be deleted by the commission upon a finding that the  informa-
tion  which  would  otherwise  be  required to be disclosed will have no
material bearing on the discharge of  the  reporting  person's  official
duties;  PROVIDED,  HOWEVER,  THAT,  IF  SUCH  PERSON IS A MEMBER OF THE
LEGISLATURE OR A CANDIDATE FOR  MEMBER  OF  THE  LEGISLATURE,  UNDER  NO
CIRCUMSTANCES  SHALL  THE  COMMISSION  DELETE FROM THE COPY THEREOF MADE
AVAILABLE FOR PUBLIC INSPECTION  AND  COPYING  ANY  OF  THE  INFORMATION
INCLUDED IN SUBPARAGRAPH (C) OF PARAGRAPH FIVE OF SUCH FINANCIAL DISCLO-
SURE STATEMENT;
  p.  Develop educational materials and training with regard to legisla-
tive ethics for members of the legislature  and  legislative  employees;
[and]
  q.  Prepare an annual report to the governor and legislature summariz-
ing the activities of the commission during the previous year and recom-
mending any changes in the laws governing the conduct of persons subject
to the jurisdiction of the commission, or  the  rules,  regulations  and
procedures   governing  the  commission's  conduct.  Such  report  shall
include: (i) a listing by assigned number of each complaint and referral
received which alleged a possible  violation  within  its  jurisdiction,
including  the current status of each complaint, and (ii) where a matter
has been resolved, the date and nature of the disposition and any  sanc-
tion  imposed,  subject  to  the  confidentiality  requirements  of this
section. Such annual report shall not contain any information for  which
disclosure  is  not  permitted  pursuant to subdivision fourteen of this
section[.]; AND
  R. COMPILE AND POST ON THE INTERNET WEBSITES OF THE SENATE AND  ASSEM-
BLY  THE  MOST CURRENT FINANCIAL DISCLOSURE STATEMENTS OF MEMBERS OF THE
LEGISLATURE AND CANDIDATES FOR MEMBER OF THE LEGISLATURE.
  S 3. Subparagraph 1 of paragraph a of subdivision 14 of section 80  of
the  legislative  law,  as amended by chapter 14 of the laws of 2007, is
amended to read as follows:
  (1) [the] ALL information set forth in an annual statement  of  finan-
cial  disclosure filed pursuant to section seventy-three-a of the public
officers law except [the categories of value or amount  which  shall  be
confidential,  and  any  other  item] THOSE ITEMS of information deleted
pursuant to paragraph i of subdivision seven of this section;
  S 4. This act shall take effect January 1, 2011.

                                 PART B

A. 10950                            3

  Section 1. Section 5-a of the legislative law is amended by  adding  a
new subdivision 4 to read as follows:
  4.  ANY MEMBER OF EITHER HOUSE OF THE LEGISLATURE SERVING AS A COMMIT-
TEE CHAIR OF ANY COMMITTEE AS ENUMERATED IN THE SCHEDULE  SET  FORTH  IN
SUBDIVISION  ONE OF THIS SECTION SHALL NOT SERVE IN SUCH CAPACITY AS THE
CHAIR FOR A TERM LONGER THAN FOUR CONSECUTIVE YEARS.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

                                 PART C

  Section  1. The legislative law is amended by adding a new section 2-a
to read as follows:
  S 2-A. LEGISLATIVE TERM LIMITS. MEMBERS OF THE LEGISLATURE  SHALL  NOT
SERVE  MORE  THAN FIVE TWO YEAR TERMS IN EITHER THE SENATE OR THE ASSEM-
BLY. IN NO EVENT MAY A LEGISLATOR SERVE MORE THAN TEN  YEARS  IN  EITHER
THE SENATE OR ASSEMBLY.
  S 2. This act shall take effect January 1, 2011.

                                 PART D

  Section  1.  Subdivision  3  of section 14-108 of the election law, as
redesignated by chapter 9 of the laws of 1978, is  amended  to  read  as
follows:
  3.  Each  statement shall be preserved by the officer with whom or the
board with which it is required to be  filed  for  a  period  of  [five]
FIFTEEN years from the date of filing thereof.
  S 2. This act shall take effect immediately.

                                 PART E

  Section  1.  Article 23 and sections 860 and 861 of the judiciary law,
as renumbered by chapter 840 of the laws of 1983, are renumbered article
24 and sections 870 and 871, and a new article 23 is added  to  read  as
follows:
                                ARTICLE 23
                   ACTIVITIES OF A JUDICIAL CANDIDATE
SECTION 860. LEGISLATIVE INTENT.
        861. ACTIVITIES PROHIBITED.
        862. ACTIVITIES NOT CONDONED.
        863. LIMITATIONS ON POLITICAL ACTIVITY.
        864. EFFECT OF REVISION OF JUDICIAL SELECTION METHOD.
        865. CAMPAIGN CONTRIBUTION AND EXPENSE; REPORTING.
  S  860.  LEGISLATIVE  INTENT.  THE  LEGISLATURE  FINDS THAT A JUDICIAL
OFFICE IS  A  NONPARTISAN  OFFICE,  AND  A  CANDIDATE  FOR  ELECTION  OR
RETENTION  THERETO IS PROHIBITED FROM CAMPAIGNING OR QUALIFYING FOR SUCH
AN OFFICE BASED ON PARTY AFFILIATION. TO INSURE THAT SUCH CAMPAIGNS  FOR
ELECTION OR RETENTION ARE CONDUCTED ON A NONPARTISAN BASIS, THE LEGISLA-
TURE WANTS THE ELECTION LAW TO IMPOSE CERTAIN RESTRICTIONS ON THE ACTIV-
ITIES  OF  A  JUDICIAL  CANDIDATE  TO INSULATE HIM OR HER FROM POLITICAL
PARTIES.
  S 861. ACTIVITIES PROHIBITED. A CANDIDATE FOR  JUDICIAL  OFFICE  SHALL
NOT:
  1. PARTICIPATE IN ANY PARTISAN POLITICAL PARTY ACTIVITIES, EXCEPT THAT
SUCH  CANDIDATE  MAY REGISTER TO VOTE AS A MEMBER OF ANY POLITICAL PARTY

A. 10950                            4

AND MAY VOTE IN ANY PARTY PRIMARY FOR CANDIDATES FOR NOMINATION  OF  THE
PARTY IN WHICH HE OR SHE IS REGISTERED TO VOTE.
  2. CAMPAIGN AS A MEMBER OF ANY POLITICAL PARTY.
  3.  PUBLICLY  REPRESENT OR ADVERTISE HIMSELF OR HERSELF AS A MEMBER OF
ANY POLITICAL PARTY.
  4. ENDORSE ANY CANDIDATE.
  5. MAKE POLITICAL SPEECHES OTHER THAN ON HIS OR HER BEHALF.
  6. MAKE CONTRIBUTIONS TO POLITICAL PARTY FUNDS.
  7. ACCEPT CONTRIBUTIONS FROM ANY POLITICAL PARTY.
  8. SOLICIT CONTRIBUTIONS FROM ANY POLITICAL PARTY.
  9. ACCEPT OR RETAIN A PLACE ON ANY POLITICAL PARTY COMMITTEE.
  10. MAKE ANY CONTRIBUTION TO ANY PERSON, GROUP OR ORGANIZATION FOR ITS
ENDORSEMENT TO JUDICIAL OFFICE.
  11. AGREE TO PAY ALL OR ANY PART OF ANY ADVERTISEMENT SPONSORED BY ANY
PERSON, GROUP OR ORGANIZATION WHEREIN THE CANDIDATE MAY BE ENDORSED  FOR
JUDICIAL OFFICE BY ANY SUCH PERSON, GROUP OR ORGANIZATION.
  12.    IN  ADDITION TO THE ABOVE, POLITICAL PARTIES AND PARTISAN POLI-
TICAL GROUPS, I.E., THOSE ASSOCIATED WITH A PARTICULAR  POLITICAL  PARTY
OR CANDIDATE, ARE PROHIBITED FROM ENDORSING, SUPPORTING OR ASSISTING ANY
JUDICIAL CANDIDATE.
  A VIOLATION OF THIS SECTION SHALL CONSTITUTE A CLASS A MISDEMEANOR.
  S 862. ACTIVITIES NOT CONDONED. A JUDGE OR A CANDIDATE FOR ELECTION TO
JUDICIAL OFFICE SHALL NOT:
  1. ACT AS A LEADER OR HOLD ANY OFFICE IN A POLITICAL ORGANIZATION;
  2. MAKE SPEECHES FOR A POLITICAL ORGANIZATION OR CANDIDATE, OR PUBLIC-
LY ENDORSE A CANDIDATE FOR A PUBLIC OFFICE;
  3.  SOLICIT  FUNDS  FOR, PAY AN ASSESSMENT OR MAKE A CONTRIBUTION TO A
POLITICAL ORGANIZATION OR CANDIDATE, OR PURCHASE TICKETS  FOR  POLITICAL
PARTY DINNERS OR OTHER FUNCTIONS;
  4. PARTICIPATE IN ANY ACTIVITY THAT HAS ANY RELATIONSHIP WHATSOEVER TO
A  POLITICAL  PARTY;  HOWEVER,  HE OR SHE MAY CAMPAIGN ON HIS OR HER OWN
BEHALF AND MAY SPEAK AT MEETINGS OF PARTY EXECUTIVE COMMITTEES,  RALLIES
AND  OTHER POLITICAL GATHERINGS, AND MAY ATTEND AND SPEAK AT MEETINGS OF
POLITICAL PARTIES OR ANY PARTISAN ORGANIZATION. CARE SHALL BE  TAKEN  TO
INSURE  THAT ANY APPEARANCE BY A JUDICIAL CANDIDATE IS ALSO AVAILABLE TO
ALL OTHER SUCH CANDIDATES AND THAT THE ORGANIZATION IS NOT  COLLECTIVELY
SUPPORTING  ANY PARTICULAR JUDICIAL CANDIDATES. IT IS ALSO REQUIRED THAT
ANY APPEARANCES BEFORE PARTISAN GROUPS BY JUDICIAL CANDIDATES  BE  SEPA-
RATE FROM THOSE BY PARTISAN CANDIDATES.
  A VIOLATION OF THIS SECTION SHALL CONSTITUTE A VIOLATION AS DEFINED IN
THE PENAL LAW.
  S  863.  LIMITATIONS  ON  POLITICAL ACTIVITY. 1. NO POLITICAL PARTY OR
PARTISAN POLITICAL ORGANIZATION SHALL ENDORSE,  SUPPORT  OR  ASSIST  ANY
CANDIDATE IN A CAMPAIGN FOR ELECTION TO JUDICIAL OFFICE.
  2.  ANY PERSON WHO KNOWINGLY, IN AN INDIVIDUAL CAPACITY OR AS AN OFFI-
CER OF AN ORGANIZATION, VIOLATES THE PROVISIONS OF THIS SECTION IS GUIL-
TY OF A CLASS A MISDEMEANOR.
  S 864. EFFECT OF REVISION  OF  JUDICIAL  SELECTION  METHOD.  NO  JUDGE
ELECTED  PRIOR  TO  OR AT THE ELECTION THAT APPROVES ANY REVISION TO THE
SELECTION OF JUDGESHIPS SHALL BE AFFECTED IN HIS OR HER CURRENT TERM  OF
OFFICE.    ANY  JUDGE  WISHING  TO  APPLY  FOR A SUBSEQUENT TERM WILL BE
ELECTED OR RETAINED PURSUANT TO THE METHOD OF ELECTION OR SELECTION  AND
RETENTION  OF  JUDGES  IN  EFFECT  AS SET BY THE ABOVE JUDICIAL ELECTION
PROCESSES.
  S 865. CAMPAIGN CONTRIBUTION AND EXPENSE; REPORTING.  1.  A  CANDIDATE
FOR  JUDICIAL  OFFICE  MAY  ACCEPT CONTRIBUTIONS AND MAY INCUR ONLY SUCH

A. 10950                            5

EXPENSES AS ARE AUTHORIZED BY LAW. EACH SUCH  CANDIDATE  SHALL  KEEP  AN
ACCURATE RECORD OF HIS OR HER CONTRIBUTIONS AND EXPENSES, AND SHALL FILE
REPORTS PURSUANT TO CURRENT STANDARDS.
  2.  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS ARTICLE, A CANDIDATE
FOR RE-ELECTION AS A JUSTICE  OR  A  JUDGE  WHO  HAS  NOT  RECEIVED  ANY
CONTRIBUTION  OR  MADE ANY EXPENDITURE MAY FILE A SWORN STATEMENT AT THE
TIME OF QUALIFYING THAT HE OR SHE DOES NOT ANTICIPATE RECEIVING CONTRIB-
UTIONS OR MAKING EXPENDITURES IN CONNECTION WITH THE CANDIDACY FOR RE-E-
LECTION TO OFFICE. SUCH CANDIDATE SHALL FILE A FINAL REPORT WITHIN NINE-
TY DAYS FOLLOWING THE GENERAL ELECTION FOR WHICH  THE  CANDIDATE'S  NAME
APPEARED  ON THE BALLOT FOR RE-ELECTION. ANY SUCH CANDIDATE FOR RE-ELEC-
TION TO JUDICIAL OFFICE WHO, AFTER FILING A STATEMENT PURSUANT  TO  THIS
SUBDIVISION,  RECEIVES  ANY  CONTRIBUTION  OR  MAKES  ANY EXPENDITURE IN
CONNECTION WITH THE CANDIDACY FOR RE-ELECTION SHALL IMMEDIATELY  FILE  A
STATEMENT TO THAT EFFECT.
  S 2. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair or invalidate the remainder thereof, but shall be confined in its
operation  to  the  clause, sentence, paragraph, subdivision, section or
part thereof directly involved in the controversy in which such judgment
shall have been rendered. It is hereby declared to be the intent of  the
legislature  that  this act would have been enacted even if such invalid
provisions had not been included herein.
  S 3. This act shall take effect immediately; provided,  however,  that
the  applicable effective date of Parts A through E of this act shall be
as specifically set forth in the last section of such Parts.

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