Proposed Regulations and Guidance

Proposed Regulations and Guidance
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Proposed Regulations and Guidance

This page is where you will find regulations and guidance that have been proposed by the Commission and are awaiting public comment or otherwise pending approval. It will also include staff proposals that have yet not been voted on by the Commissioners but which are going through an informal comment process to generate feedback before they are submitted for the onset of the formal SAPA process. 

Proposed Revisions to and Public Comments on Comprehensive Lobbying Regulations and Source of Funding Regulations

The Joint Commission on Public Ethics (“Commission”) has submitted Notices of Revised Rulemaking under the State Administrative Procedure Act ("SAPA") to consider revisions to the Comprehensive Lobbying Regulations (19 NYCRR Part 943) and Source of Funding Regulations (Part 938). The revised rulemakings were published in the November 10 State Register and are set forth below.  

On November 17, the Commission adopted both of these regulations on an emergency basis and submitted Notices of Emergency Adoption for each. They will be effective January 1, 2021, cover lobbying activity in the 2021-22 Biennial Lobbying Period, and be applicable to 2021-22 Statements of Registration, Bi-Monthly Reports due March 15, 2021, and Client Semi-Annual Reports due July 15, 2021.  The emergency rulemakings are identical to the revised rulemakings below.

Key revisions in the Lobbying proposal include changes to the definition of "designated lobbyist", direct lobbying activities by volunteers, grassroots lobbying, coalitions, and prohibitions relating to the receipt of stock options as compensation. Revisions to the Source of Funding regulations address segregated funds for non-New York activities and reporting of anonymous contributions.

Although the 45-day comment period runs until December 28, 2020, the Commission is requesting comments on the revised rulemakings as soon as possible; those comments should be directed to Carol Quinn, Deputy Director of Lobbying, at [email protected] These regulations will be effect for the 2021-22 Biennial Registration Period. 

Part 943 Documents

Part 938 Documents