JCOPE Puts Source of Funding Exemptions on Hold

At its meeting this past Tuesday, the Joint Commission on Public Ethics (JCOPE) voted to stop exempting groups from donor disclosure requirements while it reviews its application process.

Some quick (and slightly over-simplified) background on the issue: Under the 2011 ethics reform law, lobbyists and clients who spend more than $50,000 lobbying in New York must report each source of their funding over $5,000.   This new reporting requirement went into effect with the January 2013 client semi-annual reports. JCOPE has adopted emergency regulations to put the reporting requirement into effect.

The law provides a limited exemption to the reporting requirement.  Where the reporting entity can show “a substantial likelihood” that such reports will result in harms, threats or harassment of their donor(s), JCOPE can exempt the entity from the reporting requirement.

As noted above, JCOPE Commissioners discussed the exemption at the public portion of its meeting last Tuesday, and decided not to approve any new exemptions until their review of the application process is finalized.  David Renzi, a North Country attorney who was appointed to JCOPE by Assembly Minority Leader Brian Kolb, wants the public to have more information about who is applying for the reporting exemption and why.

Yesterday, Senate Majority Coalition Co-Leader Dean Skelos (R-Nasau County) wrote to JCOPE, asking that it withdraw the only exemption it has granted thus far – to NARAL Pro-Choice NY – pending its review. (Read coverage from the Times Union and the AP.)

In his letter to JCOPE, Senator Skelos wrote:

“This exemption should be suspended until JCOPE establishes a process that can be applied fairly to all entities applying for an exemption.”

The backstory here is the political fight over abortion.  During the 2013 legislative session, NARAL was outspoken about the Senate Republican’s unwillingness to support the abortion-related provisions of the governor’s Women’s Equality Agenda, even running ads criticizing them.  The Senate Republicans are concerned that NARAL’s source of funding exemption could provide a loophole through which millions of dollars could be funneled to run ads opposing them in 2014.