New York State Proposes Lobbying Regulation Amendments

The New York State Commission on Ethics and Lobbying in Government (COELIG) is seeking to amend a package of lobbying regulations, and they are asking the public for input. The package of proposed amendments includes a new fine schedule, stricter guidelines for requesting fee waivers, and clarifying the role and duties of the Responsible Party. 

Late Fees, Fine Schedule, and Waivers

New York is known throughout the compliance industry as a jurisdiction that requires specificity, attention to detail, and last but not least, punctuality. The COELIG has the authority to assess late fees of up to $25 per day that a filing is late, but they have chosen to generally follow a different schedule. The proposed amendment means the law will finally match what COELIG does in practice. Late fees can range from a $75 fee to a $1,000 fee for first-time filers, while long-time filers face twice as high fines from $150 to $2,000.

Trying to contest the late fee notice you received? Be prepared to submit a stronger affidavit and argument than in past years. COELIG seems to have taken a page out of New York City’s playbook as the proposed rules around waivers seem to mirror what the City Clerk’s Office follows. According to the proposals posted online, those filling out a late filing fee waiver must have faced a force majeure event, a death or serious illness, or another mitigating factor that impeded their ability to file on time. Those requesting a waiver will also need to submit their organization’s annual operating budget, so be prepared to crunch some numbers, just like you would in New York City.

All in all, it looks like COELIG is tightening the ropes to motivate repeat non-complying offenders. Heed Benjamin Franklin's words, “by failing to prepare you are preparing to fail” and know that it's best to avoid filing late in the first place.

Responsible Parties and Ethics Training

The expanded definition of “Responsible Party” is subtle, but nonetheless important for organizations. The proposed amendment clarifies that the Responsible Party must have legal authority to bind the organization, and further notes that the completeness and truthfulness of all filings will fall on this person. In past years this responsibility was more or less inferred, but New York is putting pen to paper to ensure there is no confusion. We expect many organizations will need to update their profiles to list their C-suite executives. Rest assured that those handy secondary roles — Delegated Administrators and Preparers — aren’t going anywhere.

With their roles now clearer, the to-do list for Responsible Parties grows: COELIG released their new training requirements last year, and now they would like for the Responsible Party to affirm that an orginzation’s lobbyists have completed their trainings and then retain the records for a period of three years.

The Commission is ready to hear your every thought and complaint up until June 9, 2024, when the public commenting period ends. Most of these proposals already have legs since they are already in practice, so we don’t expect to see too much opposition. 

Confused About These Changes? Talk to Us!

Give yourself some peace of mind by talking to one of our compliance professionals about how we can help you through all of the different rules, deadlines, and often confusing requirements.  Learn more about our industry-leading lobbying compliance services and don’t hesitate to reach out to our team with questions.