JCOPE Publishes Emergency/Proposed Rules on ‘Source of Funding’ Reporting

Today’s NYS Register includes a notice of emergency adoption and a notice of proposed rulemaking for the Joint Commission on Public Ethic’s (JCOPE) ‘source of funding’ disclosure requirements. (Read my prior blog post on the topic here.)

JCOPE is making/proposing two changes to its existing rule.

The first raises the standard to be applied to exemption requests.  Currently, a filer must demonstrate that disclosure of the source of its lobbying funding will cause a “reasonable probability” of harm or reprisals to specified individuals or entities. JCOPE proposes to change that standard to a “substantial likelihood” of harm or reprisal.

The second concerns the confidentiality of information submitted as part of an exemption request. Under JCOPE’s current regulations, information submitted by filers in connection with a request for an exemption from the disclosure requirements are confidential.  The emergency/proposed rulemaking makes all information submitted in connection with a request for an exemption publicly available.

The emergency regulations expire on January 4, 2014.  JCOPE will accept comments on the proposed regulations until Dec. 23^rd.