Receipt of Payment for Official Services and Related Travel Expenses
NY-ADR
11/25/09 N.Y. St. Reg. CPI-47-09-00002-P
NEW YORK STATE REGISTER
VOLUME XXXI, ISSUE 47
November 25, 2009
RULE MAKING ACTIVITIES
PUBLIC INTEGRITY, COMMISSION ON
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. CPI-47-09-00002-P
Receipt of Payment for Official Services and Related Travel Expenses
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Addition of Part 931 to Title 19 NYCRR.
Statutory authority:
Executive Law, section 94(9)(c) and (16)(a)
Subject:
Receipt of payment for official services and related travel expenses.
Purpose:
Rules concerning limitations of the gifts/receipt of payment for official services and related travel expenses.
Substance of proposed rule (Full text is posted at the following State website:www.nyintegrity.org):
Prior to this proposed rulemaking, the rules governing limitations on the receipt of payment for official services and related travel expenses were set forth in Title 19 NYCRR Part 930. With this proposed rulemaking, Title 19 NYCRR Part 931 is established and amended to include only rules governing limitations on the receipt of payments for official services rendered and related travel expenses. The proposed regulations contained in Part 931 comport with the Public Employee Ethics Reform Act of 2007 ("PEERA"). In addition, these amendments expand the ban on the acceptance of such payments from non-governmental entities whose officers are associated with disqualified sources.
Text of proposed rule and any required statements and analyses may be obtained from:
Shari Calnero, Associate Counsel, NYS Commission on Public Integrity, 540 Broadway, Albany, New York 12207, (518) 408-3976, email: [email protected]
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. Statutory authority: Executive Law Section 94(9)(c) generally directs the Commission on Public Integrity ("CPI") to adopt, amend, and rescind rules and regulations to govern the procedures of the CPI; Executive Law Section 94(16)(a) directs the CPI to promulgate rules concerning limitations on the receipt of gifts by persons subject to its jurisdiction.
2. Legislative objectives: The Public Employee Ethics Reform Act of 2007 ("PEERA") established the CPI. PEERA intended that the CPI would strengthen integrity, public trust and confidence in New York State government. As part of the Act, the CPI is charged with the authority to promulgate a variety of rules including ones governing the receipt of gifts in the form of payment for official services and related travel expenses. By setting forth conditions under which payment for official services and related travel expenses may be accepted, these rules provide comprehensive parameters of acceptable conduct for covered individuals.
3. Needs and benefits: The proposed rule making is necessary in order to make substantive and technical changes to conform to the recently enacted governing statute, PEERA. In addition, these amendments expand the ban on the acceptance of payments from non-governmental entities whose officers are associated with disqualified sources.
4. Costs:
a. Costs to regulated parties for implementation and compliance: None.
b. Costs to the agency, State and local government: None.
c. Cost information is based on the fact that the proposed rule-making involves primarily the elimination of confusing and outdated references currently contained in the regulation. There are no costs associated with these changes.
5. Local government mandate: None.
6. Paperwork: It will not require the preparation of any additional forms or paperwork.
7. Duplication: None.
8. Alternatives: The Commission considered not amending the existing Part 930 and leaving it status quo. However, because State officers affected by the rule, with whom the Commission has day-to-day contact, have expressed confusion in regard to how Part 930 applied to their receipt of travel reimbursement for officially related activities as opposed to honoraria, the Commission concluded that the best way to clarify the issue was to separate the two procedures into two rules, which are amended as Part 930 for honoraria and Part 931 for officially related activities.
9. Federal standards: The proposed rule making pertains to the receipt of payment for official services and related travel expenses by certain State officers and employees pursuant to PEERA and does not exceed any federal minimum standard with regard to a similar subject area.
10. Compliance schedule: The rule will be effective upon adoption.
Regulatory Flexibility Analysis
A Regulatory Flexibility Analysis for Small Businesses and Local Governments is not submitted with this Notice since the proposed rule-making will not impose any adverse economic impact on small businesses or local governments, nor will it require or impose any reporting, recordkeeping or other affirmative acts on the part of these entities for compliance purposes. CPI makes these findings based on the fact that the rules governing the limitations on the receipt of payment for official services rendered and related travel expenses only impacts certain State officers and employees.
Rural Area Flexibility Analysis
A Rural Area Flexibility Analysis is not submitted with this Notice. Since the proposed rule-making will not impose any adverse economic impact on rural areas, nor will compliance require or impose any reporting, recordkeeping or other affirmative acts on the part of rural areas. The Commission on Public Integrity makes these findings based on the fact that the limitations on the receipt of payment for official services and related travel expenses affect only certain State officers and employees. Rural areas are not affected in any way.
Job Impact Statement
Job Impact Statement is not submitted with this Notice of Proposed Rule Making since the proposed rule-making will have no impact on jobs or employment opportunities. The Commission on Public Integrity makes this finding based on the fact that the proposed rule-making applies narrowly to the limitations on the receipt of payment for official services and related travel expenses. In addition, the regulation applies only to certain State officers and employees and does not apply, nor relate to small businesses, economic development or employment opportunities.
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