2024 LEGISLATIVE AGENDA PROPOSALS WOULD BOLSTER ENFORCEMENT OF ETHICS AND LOBBYING LAWS, PROMOTE TRANSPARENCY AND COMPLIANCE

The 2024 Legislative Agenda adopted by the Commission on Ethics and Lobbying in Government (the Commission or COELIG) is made up of initiatives to bolster enforcement of the state’s ethics and lobbying laws and regulations, deter infractions, increase transparency, and promote compliance with state laws, Executive Director Sanford N. Berland announced today. The 2024 Legislative Agenda was informed by input from interested communities and the public.

“The Commission’s Legislative Agenda is focused on key initiatives to promote public trust in state government and to ensure that it is indeed working in the public’s interest,” Executive Director Berland said. “This comprehensive agenda reflects legislative proposals and priorities that were refined by feedback at our annual public hearing, through Commission and committee meetings, and considerable staff research and analysis, as well as a robust roundtable discussion.”

“The upcoming legislative session is an opportunity for lawmakers to show New Yorkers they are committed to an ethical government as they consider the agenda COELIG puts forward,” Chair Frederick A. Davie said. “These eight proposals can advance our critical work by reinforcing the Commission’s capacity to administer ethics laws and oversee lobbying while emphasizing integrity and transparency. It is incumbent upon our lawmakers to support these critical initiatives in the upcoming session and in the budget.”

2024 Legislative Agenda

Ethics and Lobbying 

• Accessorial Liability (Executive Law, Public Officers Law, Civil Service Law, and Lobbying Act): The Commission proposes to amend laws to expressly prohibit individuals and entities under the Commission’s jurisdiction from soliciting, aiding, or importuning others to engage in conduct that violates the state’s ethics and lobbying laws. Explicit inclusion of “accessorial liability” in the law would strengthen COELIG’s enforcement arm and promote compliance with the state’s ethics and disclosure laws.

Lobbying

• Conforming Changes to the Lobbying Act: The Commission proposes to amend the Lobbying Act to conform to Section 94(8) of the Executive Law by adding lobbying clients to mandatory ethics training requirements. Additionally, this proposal would require lobbyists and clients to complete the online ethics training course once every two years to coincide with the biennial registration cycle, rather than triennially as is currently required.
• Training Non-Compliance Penalties for Lobbyists and Clients: The Commission proposes to amend the law to authorize the Commission to impose late fees on lobbyists and clients who fail to comply with the mandated ethics training in a timely manner.
• Express Individual Liability of CAOs and other Lobbying Representatives for Intentional Lobbying Act Violations: The Commission proposes to amend the Lobbying Act to clarify that the Chief Administrative Officer (CAO) or Designee listed on lobbying reports is the individual responsible for the accuracy, truthfulness, and completeness of the lobbying filings.
• Clarify Late Fee Penalties for Amendments to Registrations: The Commission proposes to amend the Lobbying Act to clarify that late fees may be assessed for late Registration Amendments.

Ethics

• Post the Financial Disclosure Statements (FDSs) of Candidates: The Commission proposes to post the FDS forms of candidates for statewide office and the Legislature for the 2024 primary and general elections, subject to doing so on a rolling basis and the Commission’s receipt of a budgetary infusion to cover additional agency costs.
• Add Penalties for Certain Violations of the Public Officers Law which Currently Have None: The Commission proposes to add penalties for violations of POL § 74(3)(f) and (h), and explicitly codify sexual harassment as conduct that violates the code of ethics.  
• Require Electronic Filing of All Financial Disclosure Statements: The Commission proposes to amend Public Officers Law §73-a to require electronic filing of all FDS forms.

Development of a Collaborative Legislative Agenda
COELIG’s work to develop this Legislative Agenda began in earnest in March, with the Commission’s first “committee day” and its inaugural public hearing. Written and oral feedback was received at the hearing concerning how COELIG could better perform its functions as well as how the laws and regulations under its jurisdiction could be improved.

In the ensuing months, a special Commission meeting and several committee meetings followed in which Commissioners and staff refined the Draft Legislative Agenda. Commissioners and Commission staff assessed the collective input, taking steps to implement many recommendations and to determine which recommendations required legislative action. Earlier this month, the Commission held a public roundtable discussion to follow up with those who testified at the March hearing or provided written comments and to further refine the draft agenda. Finally, the full Commission adopted the agenda at its November meeting.

About COELIG  
Created by New York State Law in July 2022, the Commission on Ethics and Lobbying in Government’s charge is to restore public trust in government by ensuring compliance with the state’s ethics and lobbying laws and regulations. It has jurisdiction over more than 300,000 officers and employees at state agencies and departments, including commissions, boards, state public benefit corporations, public authorities, SUNY, CUNY, and the statutory closely affiliated corporations; the four statewide elected officials; members of the Legislature and candidates for those offices; and state and local lobbyists and their clients.

  
The Commission interprets, administers, and enforces New York’s ethics and lobbying laws, providing information, education, and guidance on the ethics and lobbying laws and regulations; promoting compliance through audits, investigations, and enforcement proceedings; issuing formal and informal advisory opinions; and promulgating regulations to implement the laws under its jurisdiction.  

The Commission also promotes transparency by conducting its proceedings publicly to the fullest extent permitted by law and by making publicly available the financial and other disclosures filed by those subject to the Commission’s authority. These disclosures include, but are not limited to, annual financial disclosure statements filed by over 36,000 individuals, and activity and expense reports filed by lobbyists and their clients.  
 

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