View Document - New York State Register

Amending References to the Commission and Citations to the Executive Law to Conform to the Ethi...

NY-ADR

11/30/22 N.Y. St. Reg. ELG-48-22-00011-EP

NEW YORK STATE REGISTER

VOLUME XLIV, ISSUE 48

November 30, 2022

RULE MAKING ACTIVITIES

EMERGENCY/PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

I.D No. ELG-48-22-00011-EP

Filing No. 945

Filing Date. Nov. 15, 2022

Effective Date. Nov. 15, 2022

Amending References to the Commission and Citations to the Executive Law to Conform to the Ethics Commission Reform Act of 2022

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Proposed Action:

Amendment of Parts 930-936, 938, 942 and 943 of Title 19 NYCRR.

Statutory authority:

Executive Law, section 94(1)(a) and (5)(a)

Finding of necessity for emergency rule:

Preservation of general welfare.

Specific reasons underlying the finding of necessity:

The regulatory amendments are necessary to conform to the Ethics Commission Reform Act of 2022, L 2022, ch 56, § 1, Part QQ (“ECRA”) which established the Commission on Ethics and Lobbying in Government (“Commission”) as the agency responsible for administering, enforcing, and interpreting New York State's ethics and lobbying laws. The regulatory amendments are necessary to replace all references to the Commission’s predecessor agency with the Commission on Ethics and Lobbying in Government and to conform all citations referenced in the Commission’s regulations to the new Section 94 of the Executive Law established by the ECRA.

The emergency rule is necessary for the general welfare to enforce ethics laws that are critical matters of public interest. Therefore, upon Emergency Adoption, these amendments will take effect immediately.

Subject:

Amending references to the Commission and citations to the Executive Law to conform to the Ethics Commission Reform Act of 2022.

Purpose:

To conform the Commission's regulations to new Executive Law section 94 established by the Ethics Commission Reform Act of 2022.

Substance of emergency/proposed rule (Full text is posted at the following State website: https://ethics.ny.gov/proposed-regulations-and-guidance ):

The Emergency Adoption and Proposed Rulemaking amends 19 NYCRR Parts 930-936, 938, 942 and 943 to conform to the new Section 94 of the Executive Law set forth by the Ethics Commission Reform Act of 2022 (“ECRA”), which established the Commission on Ethics and Lobbying in Government.

Specifically, this rulemaking replaces all references to the Commission’s predecessor agency with the Commission on Ethics and Lobbying in Government; and conforms citations referenced in the Commission’s regulations to the new Section 94 of the Executive Law established by ECRA.

This notice is intended:

to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire February 12, 2023.

Text of rule and any required statements and analyses may be obtained from:

Carol Quinn, Commission on Ethics and Lobbying in Government, 540 Broadway, Albany, New York 12207, (518) 408-3976, email: [email protected]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

60 days after publication of this notice.

Regulatory Impact Statement

1. Statutory Authority: Executive Law § 94(1)(a) provides the Commission on Ethics and Lobbying in Government (“Commission”) with the responsibility to administer, enforce and interpret New York State’s ethics and lobbying laws. Subsection 94(5)(a)(i) authorizes the Commission to adopt, amend and rescind any rules and regulations pertaining to the statutes within its jurisdiction.

2. Legislative Objectives: The Ethics Commission Reform Act of 2022 (“ECRA”) established the Commission on Ethics and Lobbying in Government as the agency responsible for administering, enforcing and interpreting New York State’s ethics and lobbying laws.

3. Needs and Benefits: This Emergency Adoption and Proposed Rule amends 19 NYCRR Parts 930-936, 938, 942 and 943 to conform to new Section 94 of the Executive Law, established by ECRA. The regulatory amendments are necessary to replace all references to the Commission’s predecessor agency with the Commission on Ethics and Lobbying in Government and to conform all citations referenced in the Commission’s regulations to the new Section 94 of the Executive Law.

4. Costs:

a. Costs to regulated parties for implementation and compliance: Minimal.

b. Costs to the agency, State and local governments for the implementation and continuation of the rule: No costs to such entities.

c. Cost information is based on the fact that there will be minimal costs to regulated parties and state and local government for training staff on changes to the requirements. The cost to the agency is based on the estimated slight increase in staff resources to implement the regulations.

5. Local Government Mandates: The Emergency Adoption and Proposed Rule does not impose new programs, services, duties or responsibilities upon any county, city, town, village, school district, fire district or other special district.

6. Paperwork: This regulation may require the preparation of additional forms or paperwork. Such additional paperwork is expected to be minimal.

7. Duplication: This regulation does not duplicate any existing federal, state or local regulations.

8. Alternatives: ECRA repealed and replaced Section 94 of the Executive Law to establish the Commission on Ethics and Lobbying in Government as the agency responsible for administering, enforcing and interpreting the State’s ethics and lobbying laws. Therefore, there is no alternative to amending the Commission’s existing regulations to conform to ECRA.

9. Federal Standards: This regulation does not exceed any minimum standards of the federal government with regard to a similar subject area.

10. Compliance Schedule: Compliance with the emergency regulation will take effect on the date it is filed with the Department of State. The Proposed Rulemaking will take effect upon adoption.

Regulatory Flexibility Analysis

A Regulatory Flexibility Analysis for Small Businesses and Local Governments is not submitted with this Notice of Emergency Adoption and Proposed Rulemaking because the rulemaking will not impose any adverse economic impact on small businesses or local governments, nor will it require or impose any reporting, record-keeping, or other affirmative acts on the part of these entities for compliance purposes. The Commission on Ethics and Lobbying in Government makes this finding based on the fact that the rule implements current law and, therefore, imposes no new requirements on such entities.

Rural Area Flexibility Analysis

A Rural Area Flexibility Analysis is not submitted with this Notice of Emergency Adoption and Proposed Rulemaking because the rulemaking will not impose any adverse economic impact on rural areas, nor will it require or impose any reporting, record-keeping, or other affirmative acts on the part of rural areas. The Commission on Ethics and Lobbying in Government makes this finding based on the fact that the rule implements current law and, therefore, imposes no new requirements on such entities. Rural areas are not affected.

Job Impact Statement

A Job Impact Statement is not submitted with this Notice of Emergency Adoption and Proposed Rulemaking because the proposed rulemaking will have limited, if any, impact on jobs or employment opportunities. This regulation implements current law and, therefore, imposes no new requirements. This regulation does not relate to job or employment opportunities.

End of Document