On January 30, the Joint Commission on Public Ethics (JCOPE) submitted a Notice of Revised Rulemaking for Part 943, commonly referred to as Comprehensive Lobbying Regulations, to the New York Department of State. The revised rules include an online ethics training requirement for lobbyists.

Additionally, the revised rules provide further clarification regarding reportable expenses attributable to social media activities and grassroots lobbying.

New York’s rule making process requires an additional comment period once a Notice of Revised Rulemaking is filed and published in the New York State Register.

The new comment period expires on March 16, and the revised rules are available at http://www.jcope.ny.gov/advice/complobbyregulations.html.

Gov. Andrew Cuomo called a special election for April 24, 2018.

The special election is needed to fill nine vacant Assembly seats and two vacant Senate seats.

The Senate races may garner a lot of fanfare as Democrats hope to win both seats and gain control of the New York Senate.

New York voters rejected a ballot question calling for a constitutional convention. If passed, a constitutional convention would have been set for 2019 and would have allowed a total review of the New York Constitution. The question is automatically added to the ballot every 20 years.

On the other hand, voters approved a proposal revoking the pension of a public official convicted of a felony and another proposal creating a forest preserve land bank for qualifying local projects.

In New York City, Mayor Bill de Blasio won a second term as Mayor. De Blasio’s victory marks the first time in 32 years a Democratic mayor was re-elected in New York City.

Additionally, Democrat Byron Brown won his fourth term as Mayor of Buffalo.

The Joint Commission on Public Ethics (JCOPE) will conduct a public hearing on proposed regulations in Hearing Room A of the Legislative Building, 198 State Street, Albany, New York on October 30, from 1-4 p.m.

The proposed regulations compile existing guidelines and advisory opinions regarding rules and requirements related to lobbying. The proposals were originally introduced in October 2016 and were reviewed in December 2016.

After the public hearing, JCOPE will review comments and decide if further amendments must be made. If the rules are adopted, JCOPE must follow the State Administrative Procedures Act and file the full text of the rule with the Department of State.

More information about the proposed regulations are available at JCOPE’s website.

Gov. Andrew Cuomo may call a special session this fall.

Cuomo believes a special session may be needed to address federal cuts to the state’s health care programs and other budgetary issues.

In a letter to lawmakers, Cuomo stated a special session may be needed to appropriate funds for Lake Ontario flood victims.

The New York Joint Commission on Public Ethics (JCOPE) issued a call to concerned individuals for comments regarding the Notice of Proposed Rulemakings for Comprehensive Lobbying regulations and Source of Funding Disclosure Regulations.

The comprehensive regulations expand the definition of lobbying to include indirect lobbying, like setting up a meeting between a legislator and a lobbyist. According to JCOPE, the purpose of the proposed regulations is to fully incorporate existing guidelines and decades of advisory opinions.

The hearing will be held on Monday, October 30, 2017 in Hearing Room A of the Legislative Office Building. All public comments must be submitted by 5 p.m. on October 6, 2017, to Carol Quinn, Deputy Director of Lobbying Disclosure, at carol.quinn@jcope.ny.gov.

Additional details are available on the JCOPE website.

Home-sharing website Airbnb is planning to file a formal complaint to call on the Joint Commission on Public Ethics or the state Attorney General’s Office to investigate the ShareBetter coalition, which has spent money to run anti-Airbnb ads, organized lobby days, and established a website calling for grassroots action.

The lawsuit accuses ShareBetter of failing to register for lobbying activities and to file bimonthly and semiannual lobbying reports, among other offenses. However, sources close to ShareBetter say the three entities that make up the bulk of the funding are already registered as lobbyists and have disclosed their activities.

In response to Airbnb’s lawsuit, ShareBetter plans to file its own complaints against Airbnb for failing to report lobbying activities at both the state and city levels.

The New York Legislature’s two-day special session adjourned sine die on June 29, 2017.

Gov. Andrew Cuomo called the special session to enact legislation extending mayoral control over the city of New York’s school district. The legislation extends city control over the city district for two years.

Barring another special session, the Legislature is set to return in January 2018.

The 2017 legislative session adjourned shortly before midnight on June 21, 2017.

Lawmakers adjourned the session without a deal to extend New York City Mayor Bill de Blasio’s control over New York City Schools. The current agreement lapses on June 30, 2017.

Assembly Speaker Carl Heastie stated there is no plan to return as the Assembly is comfortable with the bill they passed in May.

Heastie’s statement is available at http://assembly.state.ny.us/Press/20170622/.

James Yates and Marvin Ray Raskin have been appointed to the Joint Commission of Public Ethics (JCOPE).

Yates previously served the state Supreme Court and served as counsel to ex-Assembly Speaker Sheldon Silver. Raskin has served as the president of the Bronx County Bar Association and is a former assistant district attorney.

There are 14 members of JCOPE and each member serves a five-year term.

Gov. Andrew Cuomo called a special election for May 23, 2017.

The special election is needed to fill vacancies in both the 30^th Senate District and Assembly District 9.

Bill Perkins left the state senate after winning a New York City Council election and Assemblyman Joseph Saladino resigned after he was appointed Town Supervisor of Oyster Bay.

Gov. Andrew Cuomo tackled several issues at his recent State of the State Address.

Cuomo acknowledged the corruption at all levels of government, and proposed plans for a full-time Legislature, term limits for elected officials, an increase to the inspector general’s powers, and a strategy to limit campaign contributions from major companies.

Additionally, he also intends to appoint a new chief procurement officer, require public funding for elections, and recruit new inspectors for the State Education Department and the Port Authority.

Gov. Cuomo also acknowledged the success of all of his proposed bills and amendments depend on the public’s currently deteriorating trust in New York’s leaders.

Minutes before midnight on December 12, 2016, Citizens Union (CU) filed a complaint against the State of New York alleging a violation of the First Amendment of the United States Constitution. CU seeks declaratory and injunctive relief from disclosure laws passed in June.

The new laws lowered the annual lobbying spending threshold from $50,000 to $15,000 for 501(c)4 organizations. Additionally, the new laws require 501(c)4 organizations to disclose donors who give more than $2,500. The complaint was filed in the United States District Court for the Southern District of New York.

Campaign Finance

“FEC Asks Congress for Authority to Battle Shady PACs” by Kenneth P. Doyle for Bloomberg.com

New York: “Council Bill Could Make Campaign Fraud Easier in New York, Critics Say” by William Neuman for The New York Times

Wyoming: “Wyo. Campaign Finance Law Often Goes Unenforced” by Matt Murphy (Wyoming Tribune Eagle) for Wyoming Business Report

Ethics

“Business Since Birth: Trump’s children and the tangle that awaits” by Matt Flegenheimer, Rachel Abrams, Barry Meier, and Hiroko Tabuchi for The New York Times

“Trump Adviser Has Pushed Clinton Conspiracy Theories” by Mattew Rosenberg for The New York Times

Florida: “Turning Code Violations into Payoffs, the Opa-locka Way” by Michael Sallah and Jay Weaver for Miami Herald

Michigan: “Politician Can Evade Questions, But Not Indictment in Rizzo Scandal” by Tresa Baldas for Detroit Free Press

New Mexico: “Ethics-Related Legislation Heads to Session” by Deborah Baker for Albuquerque Journal

Elections

North Carolina: “North Carolina Gov. Pat McCrory (R) Concedes Closely Contested Governor’s Race” by Amber Phillips for The Washington Post