Section 1-D. Lobby-related powers of the commission  


Latest version.
  • 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.