New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter XX - Joint Commission on Public Ethics
Part 938 - Source of Funding Regulations
Section 938.1 - Intent and Purpose
Current through Register Vol. 44, No. 38, September 21, 2022
(a) The Public Integrity Reform Act of 2011 ("PIRA") (Chapter 399, Laws of 2011) established the Joint Commission on Public Ethics ("Commission"). The Commission regulates lobbyists and their clients in New York State through the disclosure and enforcement provisions set in Legislative Law article one-A. PIRA amended Legislative Law article one-A by enacting unprecedented disclosure requirements to better inform the public about efforts to influence governmental decision-making through increased transparency, including the source of funding disclosure requirement set forth in Legislative Law § 1-h(c)(4) and §1-j(c)(4). Effective June 1, 2012, the source of funding amendments required lobbyists who lobby on their own behalf and clients, who devote substantial resources to lobbying activity in New York State, to make publicly available each source of funding over $5,000 for such lobbying. The legislation intended for these new disclosures to provide the public with more information regarding the actual entities and individuals that support lobbying campaigns in New York State.
(b) PIRA also required that the Commission issue regulations implementing the new law's source of funding provisions. These regulations will clarify the source of funding reporting requirements, the procedure by which individuals and organizations may apply to the Commission for an exemption from disclosure, and the procedure by which they may appeal the Commission's denial from exemption through a review by an independent judicial hearing officer. To fulfill the legislative intent, the Commission has sought the broadest determination possible of what must be disclosed pursuant to statute and as allowed by law.
(c) Part D of S.8160/A.10742 (2016) decreases the filing threshold for total lobbying expenditures to $15,000, from $50,000, and the minimum contribution amount for disclosing a source to $2,500, from $5,000. Further, it excluded funds received for membership dues, fees, and assessments from the contributions that must be disclosed, while continuing to require the donor to be identified as a source.
(d) The provisions of section 938.11 of this Part apply only to the Client Semi-Annual Report due January 15, 2017. For purposes of the January 15, 2017 Client Semi-Annual Report, all definitions and provisions of section 938.11 of this Part supersede any parallel definitions or provisions contained in this Part.
(e) The amended terms of this regulation shall become effective upon the effective date of Part D, S. 8160/A.10742 (2016).
Amended, New York State Register May 21, 2014/Volume XXXVI, Issue 20, eff.5/21/2014
Amended New York State Register February 15, 2017/Volume XXXIX, Issue 07, eff. 2/15/2017
Amended New York State Register May 9, 2018/Volume XL, Issue 19, eff. 1/1/2019