Over the past decade, New Yorkers have grown accustomed to the refrain of “sweeping ethics reform” coming from state government officials promising to restore the public trust by reforming ethics and lobbying rules. Historically, these legal measures have come in response to public corruption prosecutions. While little change has occurred in state statutes this year in the aftermath of recent scandals, a significant watershed event has occurred at the regulatory level from the state’s primary agency in charge of policing lobbying activity.
For the first time in the more than 40-year history of state-regulated lobbying, the Joint Commission on Public Ethics (JCOPE) has promulgated expansive regulations. The regulations replace a rickety and patchwork legal landscape that relied on broad statutes, advisory opinions of limited precedential value, and enforcement actions that reflected the tendencies and views of the particular regulators of the time. Three different and reconstituted agencies have regulated lobbying in New York since 2007.
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