New York regulations

Title 19 Part 931

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19 NYCRR 931.1 - Purpose and effect of regulations

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(a)The purpose of these regulations is to establish the procedures and conditions for approval and acceptance of payments related to the attendance, registration, travel, lodging, and food for specified New York State officials and employees when such persons are engaged in activities, or are providing services, that are part of their official duties.
(b)The effect of these regulations is to supersede prior regulations and any advisory opinions or other guidance issued by predecessor agencies to the joint commission on public ethics to the extent such advisory opinions and guidance are inconsistent with this part.

19 NYCRR 931.2 - Definitions

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19 NYCRR 931.3 - Approval procedures

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(a)An official activity expense payment or a service payment must be approved by the covered person’s approving authority in accordance with this Part.
(b)Within a reasonable period of time prior to engaging in the official activity, a covered person shall submit to his or her approving authority a written request to approve an official activity expense payment or service payment.
(c)The approving authority shall review a request for an official activity expense payment or service payment in accordance with the procedures and conditions set forth in this section and section 931.4 of this Part. If approved, the official activity approval shall contain the information set forth in paragraphs (1) through (5) of this subdivision:
(1)the name of the covered person to whom, or on behalf of whom, the official activity expense payment or service payment is offered;
(2)identity of the offeror and nature of the offeror’s business;
(3)a detailed description of the official activity or service, including date and location;
(4)the amount of the official activity expense payment and, where applicable, an itemization of costs for the attendance, registration, travel, lodging, and meals, and the amount of a service payment, if any; and
(5)a statement that the approving authority has approved the official activity expense payment and service payment, if any, in accordance with the conditions set forth in section 931.4 of this Part.
(d)The approving authority shall retain all completed and signed official activity approvals for a period of three years from the date of the official activity for which an official activity expense payment or service payment, if any, is offered and shall be made available to the commission upon its request.
(e)The approving authority shall provide the covered person with a copy of the official activity approval.

19 NYCRR 931.4 - Conditions for approval

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(a)An approving authority may approve a request for an official activity expense payment or service payment provided the following conditions are met:
(1)The official activity expense payment or service payment covers only the period of time that the covered person is reasonably required to be present for such official activity.
(2)If the official activity expense payment or service payment is offered by or on behalf of an interested source, all of the following criteria must be met:
(i)It is not reasonable, under the circumstances, to infer that the official activity expense payment or service payment was intended to influence the covered person in the performance of his or her official duties.
(ii)The official activity expense payment or service payment could not, under the circumstances, reasonably be expected to influence the covered person in the performance of his or her official duties.
(iii)The official activity expense payment or service payment is not, under the circumstances, intended as a reward for any official action on his or her part.
(3)The official activity expense payment, if not made by the offeror, could be lawfully paid by the State agency in accordance with its travel policy.
(4)The official activity expense payment is made on behalf of the covered person at a rate not greater than the rate at which the State agency would pay or reimburse the covered person under its travel policy.
(5)The approving authority determines that the offeror is not being used to conceal that the official activity expense payment or service payment is actually offered or paid by an interested source.
(6)The official activity and the corresponding official activity expense payment or service payment is consistent with Public Officers Law section 74.
(b)If a covered person’s official activity includes a service and an offer for a service payment, in connection with such official activity, the approving authority shall approve the service payment provided such official activity comports with the conditions set forth in this section. The approving authority shall direct that such service payment shall be made directly to the general fund of the State or to such fund as is appropriate for a public authority, public benefit corporation, or commission not funded through State general fund appropriation.

19 NYCRR 931.5 - Minimum requirements

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Nothing contained in this Part shall prohibit any State agency from adopting or implementing its own rules, regulations, or procedures governing official activity expense payments for official activities that are more restrictive than the requirements of this Part.

19 NYCRR 931.6 - Enforcement

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The commission is authorized pursuant to Executive Law section 94 to investigate possible violations of Public Officers Law sections 73 and 74 and their corresponding regulations and take appropriate action as authorized in these statutes.

19 NYCRR 931.7 - Reporting

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Any covered person who is required to file a financial disclosure statement pursuant to section 73-a of the Public Officers Law shall report any official activity expense payment in excess of $1,000 (or all official activity expense payments the aggregate total of which exceed $1,000 received from a single offeror) in his or her statement of financial disclosure for the applicable year.

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