[THEME MUSIC] WELCOME TO THIS WEEK'S EDITION OF NEW YORK NOW.

I'M SHANTEL DESTRA.

STATE LEADERS ARE CONTINUING TO MAKE PROGRESS ON THE STATE BUDGET BUT HAVE NOT OFFICIALLY PUT THE PENCILS DOWN YET.

WHILE THE BUDGET IS NOW THREE WEEKS LATE, A RECENT SIENA COLLEGE POLL SHOWED GOVERNOR KATHY HOCHUL WITH A POSITIVE JOB APPROVAL AND FAVORABILITY RATING FOR THE FIRST TIME IN OVER A YEAR.

NEW YORKERS SEEM TO BE LARGELY SUPPORTIVE OF THE MEASURES BACKED BY THE GOVERNOR THROUGHOUT BUDGET NEGOTIATIONS.

THOSE MEASURES INCLUDE DISCOVERY REFORM, INVOLUNTARY COMMITMENT, MASK BANS AND RESTRICTING CELL PHONES IN SCHOOLS.

BUT IT'S IMPORTANT TO NOTE THAT TWO THIRDS OF VOTERS SAID THAT THEY ARE AT LEAST A BIT CONCERNED THAT THE FINAL STATE BUDGET HAS NOT PASSED YET.

AS ALWAYS, WE'LL CONTINUE TO BRING YOU BUDGET UPDATES RIGHT HERE ON THE SHOW.

NOW TURNING TO NATIONAL HEADLINES.

RECENTLY PRESIDENT DONALD TRUMP SIGNED AN EXECUTIVE ORDER THAT MOVED TO BAN THE TEACHING OF DIVERSITY, EQUITY AND INCLUSION TOPICS IN GRADES K THROUGH 12.

IN NEW YORK, SEVERAL LAWMAKERS ARGUE THAT THE STATE SHOULD STAND UP AND BE A LEADER AND BE ABLE TO DICTATE ITS OWN CURRICULUM.

SO NATURALLY, WE WANTED TO TAKE A LOOK AT NEW YORK'S APPROACH TO TEACHING DEI IN PUBLIC SCHOOLS.

HERE'S THAT STORY FROM OUR ELISE KLINE.

NEW YORK STATE LEGISLATORS ARE TRYING TO IMPROVE DIVERSITY IN THE STATE'S PUBLIC SCHOOLS' HISTORY CURRICULUM.

IN ALBANY, LAWMAKERS ARE FIGHTING FOR A RE INTRODUCED BILL THAT WOULD REQUIRE PUBLIC SCHOOLS, BOTH ELEMENTARY AND HIGH SCHOOL, TO INTEGRATE ASIAN AMERICAN, NATIVE HAWAIIAN, AND PACIFIC ISLANDER HISTORY INTO THE SOCIAL STUDIES CURRICULUM.

STATE SENATOR JOHN LIU, A DEMOCRAT REPRESENTING PARTS OF QUEENS AND A LEAD SPONSOR OF THE BILL IN THE UPPER CHAMBER, STRESSES THAT THIS LEGISLATION COULD HELP REDUCE ANTI ASIAN HATE AT A TIME WHEN THE STATE AND THE NATION HAVE SEEN INCREASED HATE CRIMES.

WE ALL KNOW, EVERYBODY RECOGNIZES THAT WE HAVE HAD SEVERAL YEARS OF EXTREME ANTI ASIAN HATE, AND PEOPLE HAVE PROPOSED DIFFERENT SOLUTIONS FROM ENHANCED CRIMINAL PENALTIES TO MORE ENFORCEMENT.

I THINK THOSE ARE IMPORTANT, BUT REALLY, THE WAY TO ERADICATE ANTI ASIAN HATE IS THROUGH EDUCATION.

LIU ADDS HATE IS THE RESULT OF IGNORANCE AND FEAR STRESSING THE CORONAVIRUS BROUGHT OUT A LOT OF ANTI ASIAN HATE.

THERE WAS A NEED TO SCAPEGOAT A CERTAIN COMMUNITY, AND IT'S EASY TO SCAPEGOAT A CERTAIN COMMUNITY YOU JUST DON'T KNOW A WHOLE LOT ABOUT.

SOME EDUCATION EXPERTS AGREE, SAYING EDUCATION PLAYS A HUGE ROLE IN COMBATING IGNORANCE AND DISCRIMINATION.

LUCIUS YOUNG, NOW RETIRED FROM WORKING IN NEW YORK CITY PUBLIC SCHOOLS FOR 25 YEARS IN VARIOUS ROLES, INCLUDING A TEACHER AND THE CHIEF OF CURRICULUM AND INSTRUCTION, SAYS DIVERSE EDUCATION IN A CLASSROOM BUILDS A COMMUNITY OF BELONGING.

THIS CURRICULUM, LIKE I SAID, GIVES A LOT OF OPPORTUNITIES FOR STUDENTS TO BE BETTER ANALYSTS IN THEIR WORK.

SO, THEY'RE CONNECTING IT NOT ONLY TO THE PAST OF WHAT'S TAKEN PLACE, THEY'RE CONNECTING IT TO THE PRESENT AND IN ADDITION TO THAT THEY'RE WORKING ALONGSIDE THEIR PARTNERS, THEIR CLASSMATES TO LEARN ABOUT EACH OTHER.

THE CURRENT LANDSCAPE FOR ASIAN AMERICAN HISTORY IN PUBLIC SCHOOL CLASSROOMS IS SCARCE TO NON EXISTENT.

YOUNG SAYS THERE ARE SOME RESOURCES FOR TEACHERS AND STUDENTS CURRENTLY TO EDUCATE THEMSELVES ON ASIAN AMERICAN STUDIES, SUCH AS HIDDEN VOICES, A CURRICULUM SERIES ABOUT OVERLOOKED FIGURES MADE AVAILABLE TO NEW YORK CITY PUBLIC SCHOOLS.

BUT HE SAYS OVERALL, THERE ARE A LOT OF MISSING ELEMENTS WHEN IT COMES TO TEACHING A COMPLETE PICTURE OF ASIAN AMERICAN HISTORY.

THESE RESOURCES ARE A START BECAUSE IT'S MADE THEM AVAILABLE FOR TEACHERS TO USE, MADE THEM AVAILABLE AS PART OF A CURRICULUM.

THERE STILL NEEDS TO BE CONTINUED ONGOING PROFESSIONAL LEARNING FOR OUR TEACHERS TO INCORPORATE THIS TO INTEGRATE THIS.

FOR 18 YEAR OLD HIGH SCHOOL SENIOR CONNIE LIN, A SIGNIFICANTLY INCOMPLETE PICTURE OF ASIAN AMERICAN HISTORY IS EXACTLY WHAT HER EXPERIENCE HAS BEEN.

I GREW UP IN FLUSHING, QUEENS, AND THIS IS A VERY IMMIGRANT BROAD COMMUNITY, AND I FELT VERY TIGHTLY KNITTED AND CLOSELY TIED TO MY COMMUNITY, NOT ONLY THE CHINESE AMERICAN COMMUNITY, AS WELL AS THE BROADER IMMIGRANT COMMUNITY IN THE AREA.

AND GOING INTO SCHOOL AS WELL AS MY EDUCATION, I REALLY RARELY ACTUALLY LEARNED ABOUT THE UPLIFTING OF THE ACHIEVEMENTS OF MY COMMUNITY ITSELF.

LIN SAID THE FIRST TIME SHE LEARNED ABOUT CHINESE AMERICANS MENTIONED IN HER U.S. HISTORY CURRICULUM WAS THE BUILDING OF THE CONTINENTAL RAILROAD.

THAT WAS THE FIRST I EVER HAD ANY MENTION OF THE ASIAN AMERICAN EXPERIENCE BEYOND THAT.

AND AS A WHOLE, THIS CONTRIBUTES TO THIS FALSE NARRATIVE THAT ASIAN AMERICAN COMMUNITIES ARE ONLY RECENTLY IMMIGRATED TO THE U.S., BUT IN REALITY, WE HAVE BEEN IN THE U.S. FOR OVER 100 YEARS.

AND THIS CREATES THIS PATTERN OF XENOPHOBIA AS WELL AS HATE.

AND LIN IS NOT ALONE.

BUNKONG TUON, A PROFESSOR OF ASIAN AMERICAN STUDIES AT UNION COLLEGE, SAYS STUDENTS IN HIS CLASS OFTEN HAVE TO LEARN MORE DEPTH AND DETAILS OF ASIAN AMERICAN HISTORY IN HIS CLASSROOM.

TUON ADDS THIS BILL IS CRITICAL FOR STUDENTS TO UNDERSTAND THE WHOLE PICTURE OF ASIAN AMERICAN HISTORY AND TO BE ABLE TO SEE THEMSELVES IN HISTORY.

THE IMPACT HAS TO DO WITH HOW STUDENTS FEEL ABOUT THEMSELVES, A SENSE OF BEING VALUED AND RECOGNIZED, ESPECIALLY AS PART OF AMERICA.

THIS IS REALLY CRUCIAL FOR SEVERAL REASONS, AND HISTORICALLY ASIAN AMERICANS WE'VE BEEN SEEN AS PERPETUAL FOREIGNERS.

LIN SAYS WHEN SHE'S LEARNED, ON HER OWN, ABOUT INFLUENTIAL FIGURES FROM HER COMMUNITY, SUCH AS YURI KOCHIYAMA, AN AMERICAN CIVIL RIGHTS ACTIVIST, IT MADE HER FEEL PROUD.

LIN HAS BEEN ADVOCATING WITH THE REACH COALITION FOR THIS LEGISLATION SINCE HER FRESHMAN YEAR.

SHE HOPED TO SEE IT PASS BEFORE SHE GRADUATED.

NOW SHE HOPES TO SEE IT PASS SO THAT HER YOUNGER BROTHER CAN BENEFIT FROM A BETTER HISTORICAL EDUCATION ABOUT THE ASIAN AMERICAN EXPERIENCE.

SHE SAYS SHE PLANS TO KEEP FIGHTING FOR THIS LEGISLATION TO PASS.

IT'S NOT JUST LIKE A THING SOMETHING FOR ME, IT'S FOR EVERYONE ELSE, INCLUDING MY BROTHER, WHO IS CURRENTLY A MIDDLE SCHOOLER.

I WANT TO SEE HIM LEARNING ABOUT THE HISTORY OF HIS PEOPLE, HIS COMMUNITIES AND BEYOND.

THE FIGHT ALSO CONTINUES AMONG LEGISLATORS AND OTHER ADVOCATE GROUPS.

FELICIA SINGH, DIRECTOR OF POLICY AND GOVERNMENT RELATIONS WITH THE COALITION FOR ASIAN AMERICAN CHILDREN AND FAMILIES, OR CACF, SAYS SHE HOPES THE BILL PASSES THIS YEAR EVEN THOUGH IT HASN'T PASSED BOTH HOUSES IN PREVIOUS YEARS.

THE BILL PASSED IN THE SENATE LAST YEAR BUT FAILED IN THE ASSEMBLY.

WE'RE HOPING THAT IT CONTINUES TO PASS IN THE STATE SENATE AND IN THE ASSEMBLY THIS TIME AROUND.

WE DO KNOW THAT THE STATE EDUCATION DEPARTMENT PLAYS A LARGE ROLE IN HOW CURRICULUM IS ADOPTED IN THE STATE AND WE'RE REALLY HOPING THAT THEY TOO ARE UNDERSTANDING THAT THIS IS THE PRIME TIME TO REALLY PASS INCLUSIVE CURRICULUM ACROSS THE STATE.

ASSEMBLY MEMBER JO ANNE SIMON, A DEMOCRAT REPRESENTING PARTS OF BROOKLYN, SAYS CURRICULUM BILLS CAN BE TRICKY FOR THIS VERY REASON.

THE DEPARTMENT OF EDUCATION'S ROLE IN ALTERING THE CURRICULUM.

"I THINK IT'S ONE OF THOSE THINGS THAT'S VIEWED AS BEING WITHIN THE PURVIEW OF THE DEPARTMENT OF EDUCATION, AND IN REALITY, THE DEPARTMENT'S PERSPECTIVE IS THAT IT ALSO DOESN'T DO CURRICULUM THAT WE HAVE A SCHOOL DISTRICT SYSTEM, WE HAVE OVER 700 SCHOOL DISTRICTS AND THEY DECIDE THE CURRICULUM IN THEIR SCHOOLS, THEIR DISTRICTS.

SIMON ADDS THAT THE DEPARTMENT CAN ISSUE CURRICULUM REQUIREMENTS THROUGH GUIDANCE AND REGULATIONS.

THE DEPARTMENT OF EDUCATION DOES NOT SUPPORT THE LEGISLATION.

IN A STATEMENT SENT TO WMHT, A SPOKESPERSON FROM THE DEPARTMENT SAID THEY DON'T DIRECT OR CREATE CURRICULUM.

STATE SENATOR SHELLEY MAYER, A DEMOCRAT REPRESENTING PARTS OF WESTCHESTER COUNTY AND THE CHAIR OF THE EDUCATION COMMITTEE, ARGUES THE LEGISLATION WOULDN'T COMPLETELY CHANGE THE CURRICULUM, IT WOULD ALLOW THE DEPARTMENT TO HELP PROVIDE SCHOOLS WITH THE TOOLS THEY NEED TO ADD TO THE CURRICULUM THROUGH THE GUIDANCE AUTHORITY THAT THEY ALREADY HAVE.

THIS BILL WOULD REALLY RAMP UP AND DEEPEN THE CURRICULUM MATERIALS THAT THE STATE EDUCATION DEPARTMENT PROVIDES TO SCHOOLS, PARTICULARLY TO ENSURE THAT THERE'S ADEQUATE EDUCATION ABOUT THE ASIAN AMERICAN PACIFIC ISLANDER EXPERIENCE.

THE BILL IS CURRENTLY IN COMMITTEES IN BOTH CHAMBERS.

HOWEVER, SOME LAWMAKERS ARE OPTIMISTIC IT WILL PASS THIS YEAR WITH A GREATER POLITICAL URGENCY AND BIPARTISAN SUPPORT.

STATE SENATOR STEVE CHAN, A REPUBLICAN REPRESENTING PARTS OF BROOKLYN AND A SUPPORTER OF THE BILL, SAYS HE HOPES TO SEE IT PASS THIS YEAR.

ANYBODY WHO SAYS THEY'RE AN ADVOCATE FOR EDUCATION SHOULD BE SUPPORTING THIS BILL.

WHY WOULDN'T WE WANT OUR KIDS TO GO AS FAR AS THEY CAN?

THE EFFORTS TO PASS THIS BILL FOR THE THIRD YEAR COME AT A TIME WHEN DONALD TRUMP SEEKS TO BAN DIVERSITY, EQUITY, AND INCLUSION IN SCHOOLS AND TERMINATE FUNDING TO SCHOOLS THAT DO NOT COMPLY.

THE TRUMP ADMINISTRATION STATES IN AN EXECUTIVE ORDER THE BAN WILL COMBAT QUOTE 'ANTI AMERICAN AND RADICAL IDEOLOGIES.'

SOME REPUBLICAN LAWMAKERS WELCOME THIS BAN.

ASSEMBLY MEMBER LESTER CHANG, A REPUBLICAN REPRESENTING PARTS OF BROOKLYN, SAYS HE WANTS TO SEE THE END TO DEI MEASURES.

DEI IS VERY SPECIFIC.

I FEEL THAT DEI, YOU PUT A LABEL, IS RACIAL PROFILING.

STATE SENATOR GEORGE BORRELLO, A REPUBLICAN REPRESENTING PARTS OF THE FINGER LAKES, SAYS HE WOULD ALSO LIKE TO SEE AN END TO DEI PROGRAMS.

THIS DEI PROGRAM GOES MUCH DEEPER THAN WHAT IT IS ON THE SURFACE.

THE SURFACE IS WE WANT EQUITY BUT THE REALITY IS THAT THIS IS REALLY ADVANCING A FAR LEFT RADICAL AGENDA THAT TRAMPLES ON THE RIGHTS OF PARENTS AND MANY OTHER THINGS.

DEMOCRATS LIKE ASSEMBLY MEMBER GRACE LEE, REPRESENTING PARTS OF MANHATTAN, DISAGREE SAYING NOW IS THE TIME FOR NEW YORK TO STAND UP AGAINST FEDERAL THREATS TO EDUCATION.

LEE ADDS TOPICS BROUGHT TO THE PUBLIC'S ATTENTION BY THE WHITE HOUSE TODAY, SUCH AS BIRTHRIGHT CITIZENSHIP, ARE AN EXAMPLE OF WHY DIVERSE CIVIC EDUCATION IS IMPORTANT FOR STUDENTS TO LEARN IN THE CLASSROOM.

THIS IDEA OF BIRTHRIGHT CITIZENSHIP, FOR INSTANCE, THAT WAS FIRST CHALLENGED IN THE SUPREME COURT BY A CHINESE AMERICAN WHOSE CITIZENSHIP WAS BEING CHALLENGED.

SO, YOU KNOW, THESE ARE PARTS OF THE STORY AND THE HISTORY OF AMERICA, AND IT'S REALLY IMPORTANT THAT WE LEARN ABOUT THE STRUGGLES AND THE FIGHT OF ASIAN AMERICANS IN AMERICAN HISTORY BECAUSE, AS WE SEE, THEY'RE COMING BACK AGAIN.

BIRTHRIGHT CITIZENSHIP, BEING CHALLENGED BY PRESIDENT DONALD TRUMP, IS GUARANTEED BY THE FOURTEENTH AMENDMENT IN THE UNITED STATES CONSTITUTION.

THE PRINCIPLE WAS LATER CONFIRMED IN 1898 BY A SUPREME COURT CASE U.S. V. WONG KIM ARK, WHICH CLARIFIED THAT CHILDREN BORN IN THE U.S. TO IMMIGRANT PARENTS ARE CITIZENS REGARDLESS OF THEIR PARENTS' IMMIGRATION STATUS.

IN RESPONSE TO TRUMP'S EXECUTIVE ORDER LIMITING BIRTHRIGHT CITIZENSHIP, THREE FEDERAL JUDGES ORDERED THE GOVERNMENT TO BE PROHIBITED FROM ENFORCING THE PRESIDENT'S ORDER.

NOW THE ISSUE HEADS TO THE SUPREME COURT, BRINGING THE SUBJECT BEFORE JUSTICES ONCE AGAIN NEARLY 130 YEARS LATER.

THEY ARE EXPECTED TO HEAR ORAL ARGUMENTS ON MAY 15.

MIKE HOA NGUYEN, AN ASSISTANT PROFESSOR OF EDUCATION AT NYU, SAYS IT'S IMPORTANT FOR STUDENTS TO HAVE KNOWLEDGE OF THIS HISTORICAL CONTEXT.

HE SAYS HE DIDN'T LEARN OF WONG KIM ARK'S CASE UNTIL HE GOT TO A COLLEGE ASIAN AMERICAN STUDIES CLASSROOM.

IT PROVIDED ME WITH A BROADER UNDERSTANDING OF OUR AMENDMENT, OF BIRTHRIGHT CITIZENSHIP AND A BROADER UNDERSTANDING OF HOW OUR COUNTRY OPERATES, AND SO WE NEED TO MAKE SURE STUDENTS HAVE A REALLY FULL UNDERSTANDING OF OUR HISTORIES OF HOW COMPLEX AND DIVERSE OUR HISTORIES ARE, IN ORDER FOR THEM TO BECOME CRITICAL CITIZENS.

LIU SAYS THE PRESSURE FROM CHANGES AT THE FEDERAL LEVEL AROUND DEI PROGRAMS AND EDUCATION COULD WORK TOWARDS STATE LEGISLATORS' ADVANTAGE WITH LEGISLATION LIKE THIS.

HE MAKES THE CASE THAT IT COULD ALSO WORK AGAINST THEM.

LIU ADDS HE HOPES IT'S THE FORMER.

AND OTHER LAWMAKERS AGREE.

ASSEMBLY MEMBER MICHAELLE SOLAGES, A DEMOCRAT REPRESENTING PARTS OF NASSAU COUNTY AND THE CHAIR OF THE BLACK, PUERTORICAN, HISPANIC, AND ASIAN LEGISLATIVE CAUCUS, SAYS NEW YORK SHOULD STAND UP AND BE A LEADER EMPHASIZING IT IS THE STATE'S RIGHT TO DICTATE ITS CURRICULUM.

THERE'S A TERM THAT SAYS THAT HISTORY IS WRITTEN BY THE WINNERS.

WE HAVE TO MAKE SURE THAT WE'RE HAVING STUDENTS UNDERSTAND THAT HISTORY, ALTHOUGH IT'S HURTFUL, IT'S SOMETHING THAT WE NEED TO TALK ABOUT SO WE CAN BE BETTER IN THE FUTURE.

SOLAGES STRESSES IT'S IMPORTANT FOR SCHOOLS TO TEACH ABOUT ALL OF NEW YORK'S DIVERSE COMMUNITIES.

ANOTHER BILL LAWMAKERS HOPE TO PASS WOULD ALSO IMPROVE THE STATE'S CURRICULUM AROUND BLACK HISTORY AND TEACHINGS OF SLAVERY AND RACE.

SOLAGES SAYS THE WAY BLACK HISTORY IS TAUGHT IN SCHOOLS IS INADEQUATE TOO OFTEN LIMITED TO FEW HISTORICAL FIGURES AND WATERED DOWN NARRATIVES.

NGUYEN SAYS BILLS LIKE THIS ARE CRITICAL TO TEACHING STUDENTS ABOUT INTERSECTIONALITY AND ENSURING STUDENTS ARE RECEIVING AN ACCURATE, FULL AND COMPLETE HISTORY OF THE U.S. ONE SORT OF GROUP'S HISTORY OR STORY IN HISTORY ALONE WILL NOT GIVE US A FULL PICTURE, BUT UNDERSTANDING HOW THESE GROUPS ALL WORK TOGETHER, HOW THEY'VE LIVED AND THRIVED TOGETHER AND HOW FOLKS MAY SHARE MORE THAN ONE IDENTITY AT A GIVEN TIME, ALL OF THOSE THINGS ALLOW US TO TELL A MORE ACCURATE STORY OF HOW BEAUTIFUL AND HOW COMPLEX AND HOW SOMETIMES CONTRADICTORY OUR COUNTRY CAN BE.

SOME LAWMAKERS SAY PASSING BILLS LIKE THESE WOULD MEAN SENDING A STRONG MESSAGE TO FEDERAL LEADERS THAT NEW YORK WON'T BACK DOWN WHEN IT COMES TO FIGHTING FOR FAIR AND DIVERSE EDUCATION.

WITH ABOUT TWO MONTHS LEFT OF THE LEGISLATIVE YEAR, WE'LL HAVE TO SEE JUST HOW FAR THESE POLICIES GO.

ELISE KLINE, NEW YORK NOW.

THE STATE COMMISSION ON ETHICS AND LOBBYING IN GOVERNMENT HAS BEEN CHARGED WITH OVERSEEING AND REGULATING ETHICS AND LOBBYING ACTIVITIES IN THE STATE.

SINCE IT WAS FIRST ESTABLISHED JUST THREE YEARS AGO, THE BODY HAS FACED AN UPHILL BATTLE IN SOLIDIFYING ITS CONSTITUTIONALITY.

BUT EARLIER THIS YEAR, THE COURT OF APPEALS RULED IN FAVOR OF THE COMMISSION'S CREATION AND STRUCTURE.

WE SAT DOWN WITH THE SANFORD BERLAND WHO SERVES AS EXECUTIVE DIRECTOR OF THE COMMISSION TO DISCUSS ITS WORK AND THEIR REQUEST FOR FUNDING IN THE STATE BUDGET THIS YEAR.

HERE'S THAT INTERVIEW.

THANK YOU SO MUCH FOR JOINING US TODAY, SANDY.

THANK YOU, SHANTEL.

NOW, FOR OUR VIEWERS WHO MAY NOT BE FAMILIAR, WHAT IS THE STATE COMMISSION ON ETHICS AND LOBBYING IN GOVERNMENT TASKED WITH, AND WHAT IS YOUR JURISDICTION?

WE WERE TASKED WITH ENFORCING THE STATE'S CONFLICT OF INTEREST IN ETHICS LAWS AS WELL AS LOBBYING LAWS GOVERNING LOBBYING ACTIVITY AT BOTH THE STATE AND THE LOCAL LEVELS.

WE ALSO PROVIDE ETHICS TRAINING TO THE ENTIRE EXECUTIVE WORKFORCE THAT'S OVER 330,000 INDIVIDUALS.

WE PROCESS FINANCIAL DISCLOSURE STATEMENTS FROM APPROXIMATELY 34,000 STATE EMPLOYEES EVERY YEAR.

WE HANDLE OVER 70,000 LOBBYING FILINGS ANNUALLY, AND WE'RE RESPONSIBLE BOTH FOR COMPLIANCE AND ENFORCEMENT, AS WELL AS EDUCATING THE WORKFORCE IN BOTH THE EXECUTIVE, LEGISLATIVE BRANCHES AND PROVIDING INFORMATION TO THE PUBLIC ABOUT LOBBYING ACTIVITY AND STATE GOVERNMENT ACTIVITY.

SOUNDS LIKE REALLY IMPORTANT WORK, AND I KNOW THE COMMISSION RECENTLY CELEBRATED A BIG LEGAL WIN IN A CASE AGAINST FORMER GOVERNOR ANDREW CUOMO.

CUOMO WAS CHALLENGING THE CREATION AND THE STRUCTURE OF THE COMMISSION AT A TIME WHEN THE BODY LAUNCHED AN INDEPENDENT INVESTIGATION INTO THE FORMER GOVERNOR'S BOOK DEAL.

I KNOW THAT A JUDGE ULTIMATELY UPHELD THE COMMISSION'S CREATION, SO CAN YOU HELP US UNDERSTAND THE CASE?

WHAT WAS AT STAKE FOR THE COMMISSION AND HOW YOU'RE FEELING AFTER THE RULING?

YES, FORMER GOVERNOR CUOMO CHALLENGED THE CONSTITUENCY OF THE COMMISSION AND ITS JURISDICTION.

HIS CHALLENGE QUESTIONED WHETHER A MAJORITY OF THE COMMISSIONERS, PERHAPS ALL OF THEM, SHOULD BE APPOINTED BY THE GOVERNOR RATHER THAN THE STRUCTURE WE HAVE, WHICH WAS ESTABLISHED BY THE LEGISLATURE AND THE CHIEF EXECUTIVE OF THE STATE, WHICH INVOLVES THE LEGISLATIVE LEADERSHIP HAVING SIX APPOINTMENTS OUT OF THE 11 COMMISSIONERS IN THE BODY, THE GOVERNOR HAS THREE APPOINTMENTS, AND THEN THE CONTROLLER AND THE ATTORNEY GENERAL FOR THE STATE EACH HAVE ONE.

ULTIMATELY, THE COURT OF APPEALS, THE HIGHEST COURT IN THE STATE, RULED THAT NEW YORK'S SEPARATION OF POWERS DOCTRINE IS FLEXIBLE ENOUGH AND/OR A TRADITION OF DISPERSING THE APPOINTMENT POWER FOR EXECUTIVE BRANCH AGENCIES AND COMMISSIONS IS FLEXIBLE ENOUGH AS WELL IN THE IMPORTANT CASE OF ETHICS REGULATION OF GOVERNMENT TO PERMIT THE STRUCTURE THAT WE HAVE.

AS A RESULT WE'RE NOW ABLE TO MOVE FORWARD WITH ALL ASPECTS OF OUR JURISDICTION, PARTICULARLY WITH RESPECT TO MOVING FORWARD WITH ENFORCEMENT ACTIONS.

AND I KNOW THE COMMISSION WAS CREATED AS A WAY TO REPLACE THE JOINT COMMITTEE ON PUBLIC ETHICS.

SO IN THE THREE YEARS SINCE THE COMMISSION WAS ESTABLISHED, WHAT ARE SOME OF THE KEY DIFFERENCES BETWEEN THE COMMISSION AND THE FORMER ETHICS BODY?

THERE ARE A NUMBER OF KEY DIFFERENCES.

ONE, PROBABLY THE MOST OBVIOUS, IS THAT UNDER THE OLD ARRANGEMENT, THE COMMISSION WAS RESPONSIBLE FOR OVERSEEING ETHICS TRAINING FOR POLICYMAKERS AND THRESHOLD FILERS.

SO THAT WAS ABOUT A TENTH OF THE EXECUTIVE WORKFORCE, SOMETHING OVER 30,000 INDIVIDUALS.

AND THAT WAS A TRIENNIAL, EVERY THREE YEAR TRADING REGIME.

UNDER OUR STATUTE, AS OF 2022, EVERY EMPLOYEE IN THE EXECUTIVE BRANCH AND AGAIN, THAT'S OVER 330,000 INDIVIDUALS HAS TO HAVE SOME FORM OF ETHICS TRAINING EVERY YEAR.

SO THAT'S A MAJOR, MAJOR CHANGE.

WE SEE THAT AS A 30 FOLD INCREASE.

IN ADDITION, THE METHODOLOGY THAT'S USED IN MOVING INVESTIGATIONS ALONG HAS BEEN SOMEWHAT STREAMLINED.

SO STAFF HAS GREATER FLEXIBILITY IN MOVING INVESTIGATIONS FROM THE INFORMAL TO THE FORMAL STAGE AND THEN PRESENTING RECOMMENDATIONS TO THE COMMISSION, TO THE COMMISSIONERS, FOR MOVING THOSE ON TO FORMAL HEARING.

THAT'S A MAJOR CHANGE.

THERE'S SOME OTHER INCIDENTAL CHANGES ALONG THE WAY.

ALTHOUGH THE PRIOR COMMISSION DID HAVE, ULTIMATELY, THE COURTS RULED THE IMPLICIT ABILITY TO ARTICULATE LOBBYING REGULATIONS, FORMAL REGULATIONS.

THAT'S NOW EXPLICIT IN THE STATUTE.

AND THE STATUTE, THE ETHICS COMMISSION REFORM ACT OF 2022, WHICH CREATED OUR AGENCY, GIVES US BROAD REGULATORY POWER AND THE POWER TO PROMULGATE REGULATIONS ACROSS THE BREADTH OF ALL OF OUR ACTIVITIES.

AND IT'S MY UNDERSTANDING THAT THE COMMISSION ALSO HAS SOME PRETTY BIG PLANS TO ISSUE MORE LOBBYING DATA.

SO CAN YOU TELL US WHAT THAT WOULD ENTAIL AND WHAT TYPE OF DATA YOU'RE HOPING TO MAKE MORE PUBLIC?

YEAH, THERE ARE A NUMBER OF THINGS.

WE DO HAVE A FAIRLY ROBUST LOBBYING APPLICATION.

SO AS LOBBYING INFORMATION COMES IN, IT IS AVAILABLE TO THE PUBLIC, BUT IT REQUIRES AN AFFIRMATIVE ACT ON THE PART OF INDIVIDUALS TO GET INTO IT.

IN FACT, IN 2023, WE UPLOADED NEARLY 200 MILLION PIECES OF DATA INTO THE SO CALLED OPEN AND WIDE DATABASE TO MAKE THAT PUBLICLY AVAILABLE.

THAT STILL REQUIRES SOME SOPHISTICATION TO USE.

WE ARE NOW PLANNING, AND SHORTLY, WITHIN THE WEEK, WE'LL BE ISSUING OUR FIRST SO CALLED BI MONTHLY REPORT.

SO WE'RE TAKING THE DATA THAT LOBBYISTS FILE WITH US EVERY TWO MONTHS REFLECTING ON THEIR LOBBYING, REPORTING THEIR LOBBYING ACTIVITY FOR THE PRIOR PERIOD, IN THIS CASE JANUARY, FEBRUARY OF THIS YEAR, AND WE'LL BE PUTTING OUT SOME SUMMARY ANALYSIS OF THAT DATA SHOWING HOW MUCH IS BEING SPENT ON LOBBYING ACTIVITY, THE STATE OFFICIALS WHO ARE BEING LOBBIED, STATE OR LOCAL OFFICIALS WHO ARE BEING LOBBIED, AND THE SUBJECT MATTER OF THAT LOBBYING.

AND WE'RE PLANNING TO DO THAT EVERY TWO MONTHS AND MAKE THAT PUBLICLY AVAILABLE.

AND WE'LL DO THAT THROUGHOUT THE YEAR.

SO THAT'S A BIG CHANGE FROM PRIOR PRACTICE WHERE, IF ANYBODY WAS INTERESTED IN THE DATA THEY'D HAVE TO GO INTO THE SYSTEM.

NOW WE'LL PROVIDE SUMMARY ANALYSES AND SNAPSHOTS, AND ONE WE'LL BE ABLE TO ACTUALLY COMPARE FROM PERIOD TO PERIOD HOW THE FOCI OF LOBBYING ACTIVITY IS CHANGING, IF IT IS CHANGING, OR IF THE COST CHANGE REMAINS THE SAME.

AND IT SEEMS LIKE LOBBYING IN THE STATE DEFINITELY SEEMS TO BE BOOMING.

A RECENT REPORT BY THE COMMISSION SHOWED A 4.5% GROWTH IN LOBBYING LAST YEAR COMPARED TO 2023.

THAT TOTALLED TO ABOUT $337 MILLION.

SO WHAT DO YOU THINK IS DRIVING THIS GROWTH?

WELL, I THINK THAT'S FOR THE EXPERTS TO STUDY.

OBVIOUSLY, THERE ARE COSTS THAT INCREASE EVERY YEAR FOR NORMAL KINDS OF ACTIVITY.

THERE HAVE BEEN SOME INTERESTING ISSUES, AND YOU'LL SEE IN THE DATA WHERE THE CONCENTRATION IS THAT HAVE BEEN COMING UP.

BUT THERE HAS BEEN A STEADY INCREASE IN LOBBYING SPEND, FRANKLY, SINCE THE PANDEMIC.

AND WE DON'T SEE IT DECLINING.

AND IN FACT, WE THINK AS THE SNAPSHOTS THAT I'VE BEEN TALKING ABOUT, THE BIMONTHLY SNAPSHOTS COME OUT, YOU SEE THE PROGRESSION OF SPENDING.

AND WE THINK IT LOOKS AS IF 2025 IS ON TRACK TO MEET AND POSSIBLY EXCEED THE 2024 NUMBERS.

BUT, YOU KNOW, THAT REMAINS TO BE SEEN.

WE'LL ONLY HAVE THE FIRST TWO MONTHS OF THE YEAR.

AND APART FROM REPORTING AFTER THE FACT, HOW DOES THE COMMISSION ENFORCE ITS RULES AND REGULATIONS WHEN IT COMES TO LOBBYING?

WE HAVE A SYSTEM.

EVERY LOBBYING FILING THAT COMES IN IS SUBJECT TO A PRELIMINARY REVIEW FOR COMPLETENESS AND ACCURACY AND CONSISTENCY.

IN ADDITION, THERE'S THE STATUTORY AUDIT THAT IS CONDUCTED.

WE CONDUCT APPROXIMATELY A THOUSAND AUDITS OF LOBBYING FILINGS EVERY YEAR, AND OUR GOAL, FRANKLY, IS TO CONTINUE TO EXPAND OUR AUDIT FUNCTION.

IT'S A RANDOMIZED SYSTEM THAT'S USED.

IT'S DICTATED BY STATUTE.

WE HAVE OUTSIDE VENDORS MAKING THE SELECTIONS FOR US SO THERE'S NO QUESTION OF ANY KIND OF TARGETING OR ANYTHING LIKE THAT TAKING PLACE, SO IT IS A RANDOM PROCESS.

BUT IT'S VERY, VERY THOROUGH.

AND WE FIND THAT IT'S VERY EFFECTIVE AND, FRANKLY, OUR GOAL WAS TO INCREASE THE NUMBER OF AUDITS THAT WE DO.

OVER THE PAST YEAR WE'RE GOING TO HAVE A GREATER FOCUS ON SO CALLED SOURCE OF FUNDING DISCLOSURES.

THE STATUTES DO REQUIRE IN CERTAIN CIRCUMSTANCES, WHEN CERTAIN THRESHOLDS ARE MET IN LOBBYING SPENDING BY CERTAIN KINDS OF ENTITIES, THAT SOURCES OF THEIR FUNDING FOR THEIR ACTIVITIES GENERALLY BE DISCLOSED.

AND WE'RE GOING TO PUT A CLOSER EMPHASIS ON EXAMINING THOSE SOURCES.

AND AGAIN, ALL OF THAT INFORMATION IS PUBLICLY AVAILABLE AS IT'S FILED.

AND OF COURSE, IT IS BUDGET SEASON AT THE STATE CAPITOL AND LEADERS ARE ACTIVELY NEGOTIATING A FINAL DEAL.

SO WHAT TYPE OF FUNDING IS THE COMMISSION LOOKING FOR IN THE FINAL AGREEMENT?

WE HAVE REQUESTED AN INCREASE.

OUR CURRENT BUDGET IS JUST UNDER, FOR THE PAST YEAR, $8.1 MILLION.

WE HAVE REQUESTED AN INCREASE OF JUST OVER 844,000.

THE MAJORITY OF THAT IS FOR INCREASED STAFFING AND, FRANKLY, IT'S TO ACHIEVE THE STAFFING PLAN THAT THE LEGISLATURE APPROVED IN PRIOR BUDGETS BUT WHICH, FOR A NUMBER OF REASONS INCLUDING THE FACT OF THE CUOMO LITIGATION, WE HAVEN'T ACHIEVED.

WE WANT TO GO FORWARD WITH FILLING OUT OUR FULL STAFFING PLAN GOING FROM A HEADCOUNT CURRENTLY OF ABOUT 58 TO A HEADCOUNT OF 68.

WE NEED SOME MORE SPACE FOR OUR TRAINING FUNCTION, WHICH WE CONTINUE TO EXPAND TO MEET THAT VERY LARGE COMMITMENT THAT WE HAVE TO ENSURING THAT THERE'S ETHICS TRAINING EVERY YEAR FOR EVERY MEMBER OF THE STATE WORKFORCE.

AND OF COURSE, OUR COSTS ARE GOING UP AS WELL FOR ALL KINDS OF THINGS.

WE'VE IMPROVED OUR TECHNOLOGY, PARTICULARLY IN OUR INVESTIGATION AND ENFORCEMENT UNIT.

WE WANT TO UPGRADE OUR TECHNOLOGY IN OUR FINANCIAL DISCLOSURE UNIT, AND WE HAVE SOME EXPANSIONS IN OUR AUDITING SOFTWARE THAT ALL ENTAIL EXPENSE.

WELL, UNFORTUNATELY, THAT'S ALL THE TIME THAT WE HAVE FOR TODAY.

THANK YOU SO MUCH FOR TAKING THE TIME TO SPEAK WITH US TODAY, SANDY.

SHANTEL, THANK YOU SO MUCH FOR GIVING ME AND THE COMMISSION THIS OPPORTUNITY.

IT'S VERY MUCH APPRECIATED.

AND WE WERE SPEAKING WITH SANFORD BERLAND, EXECUTIVE DIRECTOR OF THE NEW YORK STATE COMMISSION ON ETHICS AND LOBBYING IN GOVERNMENT.

AND FOR MORE INFORMATION ON THE WORK OF THE COMMISSION, YOU CAN VISIT OUR WEBSITE.

THAT'S AT NYNOW.ORG.

WELL, THAT DOES IT FOR THIS EDITION OF NEW YORK NOW.

THANK YOU FOR TUNING IN AND SEE YOU NEXT WEEK.

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