Public Comment Period Open on JCOPE’s Proposed Gift Regulations

Today’s New York State Register includes JCOPE’s revised proposed gift regulations for public officers (19 NYCRR Part 933) and revised proposed gift regulations for lobbyists and their clients (19 NYCRR Part 934).

According to the rulemaking:

The regulations provide clear guidance to questions concerning who is covered by the gift statutes, and what requirement apply to covered individuals.”

The revised proposed rules note that the term “nominal value” is not defined in either the Public Officers Law or the Lobbying Act, but that the Commission “generally deems an item or service with a fair market value of fifteen dollars or less as having a Nominal Value.”  This differs from the initial proposed rules, which deemed ‘nominal value’ to be an item or service valued at less than $10.

They also include different language regarding ‘multiple gifts.’  The original proposal said that “[multiple] Gifts could create a reasonable basis for an inference that the Gift was intended to influence or reward the Covered Person in connection with the performance of his or her official duties.” The new language is much less direct.

JCOPE will be accepting comments on both sets of revised proposed rules through April 18.