laws

Laws

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Jurisdiction and Authority
Ethics and Lobbying Governing Laws
Executive Law § 94

Learn how Commission members are appointed, the various functions of the Commission on Ethics and Lobbying in Government, and how the investigative process works.

Effective as of July 8, 2022 

Legislative Law § 80

Learn about the law that governs ethics issues relating to the legislative branch.

Effective as of July 8, 2022

The Ethics Commission Reform Act of 2022 (ECRA)
What's New Under ECRA?

Commission Structure
  • Nominees must be approved by the Independent Review Committee (IRC), which is composed of all accredited New York State law school deans.
  • Changes in the appointment process to create a more independent and accountable Commission:
    • Attorney General and Comptroller now nominate Commissioners.
  • Commissioners elect Chair of the Commission for a two-year term.
  • Commission members may vote to remove another member and the Chair.
  • No Commissioner may serve more than two full terms.

Ethics
  • Requires live comprehensive ethics training for the entire state executive workforce, legislature, and legislative employees of more than 300,000 individuals biannually with refresher online training in intervening years.
  • Must hold online live Q&A sessions for agency ethics officers.
  • Extends the Commission's ethics jurisdiction over state employees for two years after separation of service from state government.

Lobbying
  • Adds the provision to administer training for lobbying clients.
  • Specifically authorizes the Commission to adopt, amend, or rescind any existing or new rules and regulations pertaining to the Lobbying Act.

Investigations
  • Defines victim as any individual that has suffered or alleged to have suffered direct harm from any violation of law that is subject to investigation under the jurisdiction of the Commission.
    • Entitles a victim to notice of an unsubstantiated finding.
  • Authorizes Commission to delegate subpoena powers to the Executive Director upon notice to the Commission Chair.
  • Extends the Commission's enforcement jurisdiction over state employees to two years after separation of service from state government.
  • Removes special voting requirements for investigative and enforcement matters and allows for such matters to be advanced to hearing or disposition by a simple majority vote.

Transparency
  • Requires Commission to hold a public hearing at least once per year.
  • Subjects Commission activities to both the Freedom of Information Law and the Open Meetings Law.

     

Laws under the Commission on Ethics and Lobbying in Government's Authority

Commission Regulations and Resolutions

Advisory Opinions
Formal Advisory Opinions
View formal advisory opinions issued by the Commission on Ethics and Lobbying in Government and its predecessor agencies.
Regulations and Guidance
Proposed Regulations, Guidance, and Amendments

View any proposed regulations and guidance the Commission may have under consideration and in the formal rulemaking process.