PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of Part 930 of Title 19 NYCRR.
Statutory authority:
Executive Law, section 94(9)(c) and (16)(a)
Subject:
Honoraria.
Purpose:
Rules limiting the receipt of honoraria to executive branch State officers and employees.
Substance of proposed rule (Full text is posted at the following State website:www.nyintegrity.org):
Title 19 NYCRR Part 930 is amended to include only rules governing limitations on the receipt of honoraria. Similarly, Title 19 NYCRR Part 931 is amended to include only rules governing limitations on the receipt of payments for official services rendered and related travel expenses. The amendments to this Part 930 conform to the Public Employee Ethics Reform Act of 2007 ("PEERA") and that law's prohibition of statewide elected officials and heads of civil departments from receiving honoraria. In addition, these amendments simplify the honoraria reporting procedure and expand the ban on the acceptance of honoraria 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, NY 12207, (518) 408-3976, email: scalnero@nyintegrity.org
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 honoraria 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 rules including governing the receipt of honoraria by persons subject to its jurisdiction. By setting forth conditions under which honoraria may be accepted, these rules provide comprehensive parameters of acceptable conduct for covered individuals.
3. Needs and benefits: The proposed rulemaking is necessary in order to make substantive and technical changes to conform to the recently enacted governing statute, PEERA. Accordingly, these amendments reflect the Legislature's recently enacted prohibition of statewide elected officials and heads of civil departments from receiving honoraria. In addition, these amendments simplify the honoraria reporting procedure and expand the ban on the acceptance of honoraria from non-governmental entities whose officers are associated with disqualified sources. In addition, there was a need to clarify the regulation in regard to which provisions applied to honoraria for services that were not related to official duties versus travel reimbursement for services that were officially related. By revising Part 930 to only apply to the rules governing acceptance of honoraria and other expenses for services that are not officially related, the Commission seeks to make the regulation simpler and easier too follow. Accordingly, the Commission deleted from Part 930 the rules governing travel reimbursement for officially related services, which will be addressed in the amended Part 931.
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 regulation and leaving it status quo. PEERA, however, expressly prohibits statewide elected officials and heads of civil departments from receiving honoraria. Under the existing regulation these individuals may receive honoraria, which is in contravention of PEERA's mandate. Accordingly, CPI deemed that a formal rulemaking that amends the regulation to include the aforementioned prohibition was necessary. In addition, the Commission considered not separating honoraria-related rules from officially-related services rules. Due to the confusion among the public involving the interpretation of the existing Part 930, the Commission decided that separating it into two parts was the optimal solution.
9. Federal standards: The proposed rulemaking pertains to the receipt of honoraria 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 limitations on the receipt of honoraria affect only 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. CPI makes these findings based on the fact that the limitations on the receipt of honoraria 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 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 honoraria. 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.
