* Section 1. Legislative declaration. The legislature hereby declares
that the operation of responsible democratic government requires that
the fullest opportunity be afforded to the people to petition their
government for the redress of grievances and to express freely to
appropriate officials their opinions on legislation and governmental
operations; and that, to preserve and maintain the integrity of the
governmental decision-making process in this state, it is necessary that
the identity, expenditures and activities of persons and organizations
retained, employed or designated to influence the passage or defeat of
any legislation by either house of the legislature or the approval, or
veto, of any legislation by the governor and attempts to influence the
adoption or rejection of any rule or regulation having the force and
effect of law or the outcome of any rate making proceeding by a state
agency, be publicly and regularly disclosed.
* NB Chapter 2 of the laws of 1999 repealed, effective January 1,
2000, the lobbying act as enacted by section 1 of chapter 1040 of the
laws of 1981. A new lobbying act was enacted as Article 1-A of the
legislative law.
Section 5 of such chapter 2 transfers all of the functions and powers
of the New York temporary state commission on lobbying created by such
chapter 1040 to the New York temporary state commission on lobbying
created by Article 1-A of the legislative law with respect to receiving
the periodic and annual reports required to be filed pursuant to
sections 8, 9 and 10 of the repealed chapter 1040. Also, pursuant to
section 7 of such chapter 2, any action or proceeding commenced prior to
January 1, 2000 under the old lobbying act shall be continued,
prosecuted and defended pursuant to the old lobbying act as in effect on
December 31, 1999.
Because of these provisions, the Commission will continue to set out
the full text of the repealed lobbying act through December 31, 2000 in
order that lobbyists who were subject to the former lobbying act may be
adequately apprised of the responsibilities and obligations imposed upon
them as continued by sections 5 and 7 of chapter 2 of the laws of 1999.
* § 2. Short title. This act shall be known and may be cited as the
"Lobbying act".
* NB Chapter 2 of the laws of 1999 repealed, effective January 1,
2000, the lobbying act as enacted by section 1 of chapter 1040 of the
laws of 1981. A new lobbying act was enacted as Article 1-A of the
legislative law.
Section 5 of such chapter 2 transfers all of the functions and powers
of the New York temporary state commission on lobbying created by such
chapter 1040 to the New York temporary state commission on lobbying
created by Article 1-A of the legislative law with respect to receiving
the periodic and annual reports required to be filed pursuant to
sections 8, 9 and 10 of the repealed chapter 1040. Also, pursuant to
section 7 of such chapter 2, any action or proceeding commenced prior to
January 1, 2000 under the old lobbying act shall be continued,
prosecuted and defended pursuant to the old lobbying act as in effect on
December 31, 1999.
Because of these provisions, the Commission will continue to set out
the full text of the repealed lobbying act through December 31, 2000 in
order that lobbyists who were subject to the former lobbying act may be
adequately apprised of the responsibilities and obligations imposed upon
them as continued by sections 5 and 7 of chapter 2 of the laws of 1999.
* § 3. Definitions. As used in this act unless the context otherwise
requires:
(a) The term "lobbyist" shall mean every person or organization
retained, employed or designated by any client to engage in lobbying.
The term "lobbyist" shall not include any officer, director, trustee,
employee, counsel or agent of the state of New York when discharging
their official duties; except those officers, directors, trustees,
employees, counsels, or agents of colleges, as defined by section two of
the education law.
(b) The term "client" shall mean every person or organization who
retains, employs or designates any person or organization to carry on
lobbying activities on behalf of such client.
(c) The term "lobbying" or "lobbying activities" shall mean any
attempt to influence the passage or defeat of any legislation by either
house of the legislature or the approval or disapproval of any
legislation by the governor, or the adoption or rejection of any rule or
regulation having the force and effect of law or the outcome of any rate
making proceeding by a state agency. The term "lobbying" shall not
include:
(1) Persons engaged in drafting legislation, rules, regulations or
rates, advising clients and rendering opinions on proposed legislation,
rules, regulations or rates, where such professional services are not
otherwise connected with legislative or executive action on such
legislation, or administrative action on such rules, regulations or
rates;
(2) Newspapers and other periodicals and radio and television
stations, and owners and employees thereof, provided that their
activities in connection with proposed legislation, rules, regulations
or rates are limited to the publication or broadcast of news items,
editorials or other comment, or paid advertisements;
(3) Persons who participate as witnesses, attorneys or other
representatives in public rule making or rate making proceedings of a
state agency, with respect to all participation by such persons which is
part of the public record thereof and all preparation by such persons
for such participation;
(4) Persons who attempt to influence a state agency in an adjudicatory
proceeding, as defined by section one hundred two of the state
administrative procedure act; and
(5) Persons who prepare or submit a response to a request for
information or comments by the legislature, the governor, or a state
agency or a committee or officer of the legislature or a state agency.
(d) The term "organization" shall mean any corporation, company,
foundation, association, college as defined by section two of the
education law, labor organization, firm, partnership, society, joint
stock company, state agency or public corporation.
(e) The term "state agency" shall mean any department, board, bureau,
commission, division, office, council, committee or officer of the
state, whether permanent or temporary, or a public benefit corporation
or public authority at least one of whose members is appointed by the
governor, authorized by law to make rules or to make final decisions in
adjudicatory proceedings but shall not include the judicial branch or
agencies created by interstate compact or international agreement.
(f) The term "commission" shall mean the New York temporary state
commission on lobbying created by section four of this act.
(g) The term "expense" or "expenses" shall mean any expenditures
incurred by or reimbursed to the lobbyist for lobbying but shall not
include contributions reportable pursuant to article fourteen of the
election law.
(h) The term "compensation" shall mean any salary, fee, gift, payment,
benefit, loan, advance or any other thing of value paid, owed, given or
promised to the lobbyist by the client for lobbying but shall not
include contributions reportable pursuant to article fourteen of the
election law.
(i) The term "public corporation" shall mean a municipal corporation,
a district corporation, or a public benefit corporation as defined in
section sixty-six of the general construction law.
* NB Chapter 2 of the laws of 1999 repealed, effective January 1,
2000, the lobbying act as enacted by section 1 of chapter 1040 of the
laws of 1981. A new lobbying act was enacted as Article 1-A of the
legislative law.
Section 5 of such chapter 2 transfers all of the functions and powers
of the New York temporary state commission on lobbying created by such
chapter 1040 to the New York temporary state commission on lobbying
created by Article 1-A of the legislative law with respect to receiving
the periodic and annual reports required to be filed pursuant to
sections 8, 9 and 10 of the repealed chapter 1040. Also, pursuant to
section 7 of such chapter 2, any action or proceeding commenced prior to
January 1, 2000 under the old lobbying act shall be continued,
prosecuted and defended pursuant to the old lobbying act as in effect on
December 31, 1999.
Because of these provisions, the Commission will continue to set out
the full text of the repealed lobbying act through December 31, 2000 in
order that lobbyists who were subject to the former lobbying act may be
adequately apprised of the responsibilities and obligations imposed upon
them as continued by sections 5 and 7 of chapter 2 of the laws of 1999.
* § 4. New York temporary state commission on lobbying. (a) There
shall be established a commission to be known as the New York temporary
state commission on lobbying which shall consist of six members. The
members of the commission shall be appointed by the governor, provided,
however, that one member shall be appointed on nomination of the
temporary president of the senate, one member shall be appointed on
nomination of the speaker of the assembly, one member shall be appointed
on nomination of the minority leader of the senate, and one member shall
be appointed on nomination of the minority leader of the assembly. Of
the two members appointed by the governor without prior nomination by a
legislative leader, one shall be a member of the same political party as
the temporary president of the senate and one shall be a member of the
same political party as the minority leader of the senate. The term of
office of the members shall be for two years commencing with the first
day of January, nineteen hundred eighty-two. No member of the commission
shall hold any other state or local public office for which he receives
compensation; nor shall any member be employed by the state or any local
political subdivision. No person subject to the jurisdiction of the
commission and the provisions of this act may serve on the commission.
The chairman and the vice chairman of the commission shall be elected by
a majority of the members of the commission to serve a one year term.
The chairman shall be a member of a different political party than the
chairman of the commission during the preceding term. The chairman and
vice chairman shall each be a member of a different major political
party as such term is defined in the election law. Vacancies in the
membership of the commission occurring for any cause shall be filled for
the balance of the unexpired term in the same manner as the original
appointment of the member whose office becomes vacant. Any matter upon
which the commission must act by a vote of the membership must be by an
affirmative vote of a majority of the members of the commission. No such
vote may be taken until all members of the original commission are
appointed; thereafter, each member shall continue to serve until a
successor is appointed in the manner provided herein. Each of the
members of the commission shall receive, as compensation for his
services hereunder, a per diem allowance in the sum of one hundred
dollars for each day actually spent in the performance of his duties
hereunder, not exceeding, however, the sum of five thousand dollars in
any calendar year, and, in addition thereto, shall be reimbursed for all
expenses actually and necessarily incurred by him in the performance of
his duties under this act.
(b) The chief administrative officer of the commission shall be the
executive director, who shall be appointed jointly by the chairman and
vice chairman of the commission and shall serve a two year term, except
that he may be removed from such position by joint action of the
chairman and the vice chairman.
(c) In addition to any other powers and duties specified by law, the
commission shall have the power and duty to:
(1) administer and enforce all the provisions of this act;
(2) conduct any investigation necessary to carry out the provisions of
this act. Pursuant to this power and duty, the commission may administer
oaths or affirmations, subpoena witnesses, compel their attendance and
require the production of any books or records which it may deem
relevant or material;
(3) conduct private and public hearings pursuant to article seven of
the public officers law;
(4) prepare uniform forms for the statements and reports required by
this act;
(5) meet at least once during each reporting period as established by
subdivision (a) of section eight of this act and may meet at such other
times as the commission, or the chairman and vice chairman jointly,
shall determine;
(6) issue advisory opinions to those under its jurisdiction; and
(7) submit by the first day of March next following the year for which
such report is made to the governor and the members of the legislature
an annual report summarizing the commission's work, listing the
lobbyists and clients required to register pursuant to this act and the
expenses and compensation reported pursuant to this act and making
recommendations with respect to this act. The commission shall make this
report available free of charge to the public.
* NB Chapter 2 of the laws of 1999 repealed, effective January 1,
2000, the lobbying act as enacted by section 1 of chapter 1040 of the
laws of 1981. A new lobbying act was enacted as Article 1-A of the
legislative law.
Section 5 of such chapter 2 transfers all of the functions and powers
of the New York temporary state commission on lobbying created by such
chapter 1040 to the New York temporary state commission on lobbying
created by Article 1-A of the legislative law with respect to receiving
the periodic and annual reports required to be filed pursuant to
sections 8, 9 and 10 of the repealed chapter 1040. Also, pursuant to
section 7 of such chapter 2, any action or proceeding commenced prior to
January 1, 2000 under the old lobbying act shall be continued,
prosecuted and defended pursuant to the old lobbying act as in effect on
December 31, 1999.
Because of these provisions, the Commission will continue to set out
the full text of the repealed lobbying act through December 31, 2000 in
order that lobbyists who were subject to the former lobbying act may be
adequately apprised of the responsibilities and obligations imposed upon
them as continued by sections 5 and 7 of chapter 2 of the laws of 1999.
* § 5. Statement of registration. (a) (1) Every lobbyist shall
annually file with the commission, on forms provided by the commission,
a statement of registration for each calendar year; provided, however,
that the filing of such statement of registration shall not be required
of any lobbyist who (i) in any year does not expend, incur or receive an
amount in excess of two thousand dollars of reportable compensation and
expenses, as provided in paragraph five of subdivision (b) of section
eight of this act, for the purposes of lobbying or (ii) is an officer,
director, trustee or employee of any public corporation, when acting in
such official capacity; provided however, that nothing herein shall be
construed to relieve any public corporation of the obligation to file
such statements and reports as required by this act.
(2) Such filing shall be completed on or before January first by those
persons who have been retained, employed or designated as lobbyist on or
before December fifteenth who reasonably anticipate that in the coming
year they will expend, incur or receive combined reportable compensation
and expenses in an amount in excess of two thousand dollars; for those
lobbyists retained, employed or designated after December fifteenth, and
for those lobbyists who subsequent to their retainer, employment or
designation reasonably anticipate combined reportable compensation and
expenses in excess of such amount, such filing must be completed within
fifteen days thereafter, but in no event later than ten days after the
actual incurring or receiving of such reportable compensation and
expenses.
(b) Such statements of registration shall be kept on file for a period
of three years and shall be open to public inspection during such
period.
(c) Such statement of registration shall contain:
(1) the name, address and telephone number of the lobbyist;
(2) the name, address and telephone number of the client by whom or on
whose behalf the lobbyist is retained, employed or designated;
(3) if such lobbyist is retained or employed pursuant to a written
agreement of retainer or employment, a copy of such shall also be
attached and if such retainer or employment is oral, a statement of the
substance thereof;
(4) a written authorization from the client by whom the lobbyist is
authorized to lobby, unless such lobbyist has filed a written agreement
of retainer or employment pursuant to paragraph three of this
subdivision;
(5) a description of the general subject or subjects on which the
lobbyist is lobbying or expects to lobby;
(6) the name of the person, organization, or legislative body before
which the lobbyist is lobbying or expects to lobby; and
(7) if the lobbyist is retained, employed or designated by more than
one client, a separate statement of registration shall be required for
each such client.
(d) Any amendment to the information filed by the lobbyist in the
original statement of registration shall be submitted to the commission
on forms supplied by the commission within ten days after such
amendment, however, this shall not require the lobbyist to amend the
entire registration form.
(e) The first statement of registration filed annually by each
lobbyist shall be accompanied by a registration fee of fifty dollars
except that no registration fee shall be required of a public
corporation. No fee shall be required for any subsequent statement of
registration filed by a lobbyist during the same lobbying year.
* NB Chapter 2 of the laws of 1999 repealed, effective January 1,
2000, the lobbying act as enacted by section 1 of chapter 1040 of the
laws of 1981. A new lobbying act was enacted as Article 1-A of the
legislative law.
Section 5 of such chapter 2 transfers all of the functions and powers
of the New York temporary state commission on lobbying created by such
chapter 1040 to the New York temporary state commission on lobbying
created by Article 1-A of the legislative law with respect to receiving
the periodic and annual reports required to be filed pursuant to
sections 8, 9 and 10 of the repealed chapter 1040. Also, pursuant to
section 7 of such chapter 2, any action or proceeding commenced prior to
January 1, 2000 under the old lobbying act shall be continued,
prosecuted and defended pursuant to the old lobbying act as in effect on
December 31, 1999.
Because of these provisions, the Commission will continue to set out
the full text of the repealed lobbying act through December 31, 2000 in
order that lobbyists who were subject to the former lobbying act may be
adequately apprised of the responsibilities and obligations imposed upon
them as continued by sections 5 and 7 of chapter 2 of the laws of 1999.
* § 6. Monthly registration docket. It shall be the duty of the
commission to compile a monthly docket of statements of registration
containing all information required by section five of this act. Each
such monthly docket shall contain all statements of registration filed
during such month and all amendments to previously filed statements of
registration. Copies shall be made available for public inspection.
* NB Chapter 2 of the laws of 1999 repealed, effective January 1,
2000, the lobbying act as enacted by section 1 of chapter 1040 of the
laws of 1981. A new lobbying act was enacted as Article 1-A of the
legislative law.
Section 5 of such chapter 2 transfers all of the functions and powers
of the New York temporary state commission on lobbying created by such
chapter 1040 to the New York temporary state commission on lobbying
created by Article 1-A of the legislative law with respect to receiving
the periodic and annual reports required to be filed pursuant to
sections 8, 9 and 10 of the repealed chapter 1040. Also, pursuant to
section 7 of such chapter 2, any action or proceeding commenced prior to
January 1, 2000 under the old lobbying act shall be continued,
prosecuted and defended pursuant to the old lobbying act as in effect on
December 31, 1999.
Because of these provisions, the Commission will continue to set out
the full text of the repealed lobbying act through December 31, 2000 in
order that lobbyists who were subject to the former lobbying act may be
adequately apprised of the responsibilities and obligations imposed upon
them as continued by sections 5 and 7 of chapter 2 of the laws of 1999.
* § 7. Termination of retainer, employment or designation. Upon the
termination of a lobbyist's retainer, employment or designation, such
lobbyist and the client on whose behalf such service has been rendered
shall both give written notice to the commission within thirty days
after the lobbyist ceases the activity that required such lobbyist to
file a statement of registration; however, such lobbyist shall
nevertheless comply with the reporting requirements for the last
periodic reporting period up to the date such activity has ceased as
required by this act and both such parties shall each file the annual
report required by section nine of this act. The commission shall enter
notice of such termination in the appropriate monthly registration
docket required by section six of this act.
* NB Chapter 2 of the laws of 1999 repealed, effective January 1,
2000, the lobbying act as enacted by section 1 of chapter 1040 of the
laws of 1981. A new lobbying act was enacted as Article 1-A of the
legislative law.
Section 5 of such chapter 2 transfers all of the functions and powers
of the New York temporary state commission on lobbying created by such
chapter 1040 to the New York temporary state commission on lobbying
created by Article 1-A of the legislative law with respect to receiving
the periodic and annual reports required to be filed pursuant to
sections 8, 9 and 10 of the repealed chapter 1040. Also, pursuant to
section 7 of such chapter 2, any action or proceeding commenced prior to
January 1, 2000 under the old lobbying act shall be continued,
prosecuted and defended pursuant to the old lobbying act as in effect on
December 31, 1999.
Because of these provisions, the Commission will continue to set out
the full text of the repealed lobbying act through December 31, 2000 in
order that lobbyists who were subject to the former lobbying act may be
adequately apprised of the responsibilities and obligations imposed upon
them as continued by sections 5 and 7 of chapter 2 of the laws of 1999.
* § 8. Periodic reports of certain lobbyists. (a) (1) Any lobbyist
required to file a statement of registration pursuant to section five of
this act who in any lobbying year expends, receives or incurs combined
reportable compensation and expenses in an amount in excess of two
thousand dollars, as provided in paragraph five of subdivision (b) of
this section, for the purpose of lobbying, shall file with the
commission a first periodic written report, on forms supplied by the
commission, by the fifteenth day next succeeding the end of the
reporting period in which the cumulative total for such lobbying year
equalled such sum. Such reporting periods shall be the period from
January first to March thirty-first, April first to May thirty-first and
June first to August thirty-first.
(2) Any lobbyist making a report pursuant to paragraph one of this
subdivision shall thereafter file with the commission, on forms supplied
by the commission, a periodic report for each reporting period that such
person expends, receives or incurs combined reportable compensation and
expenses in an amount in excess of five hundred dollars for the purposes
of lobbying during such reporting period. Such report shall be filed not
later than the fifteenth day next succeeding the end of such reporting
period and shall include the amounts so expended, received or incurred
during such reporting period and the cumulative total thereof during the
lobbying year.
(b) Such periodic report shall contain:
(1) the name, address and telephone number of the lobbyist;
(2) the name, address and telephone number of the client by whom or on
whose behalf the lobbyist is retained, employed or designated;
(3) a description of the general subject or subjects on which the
lobbyist has lobbied;
(4) the name of the person, organization, or legislative body before
which the lobbyist has lobbied;
(5) (i) the compensation paid or owed to the lobbyist, and any
expenses expended, received or incurred by the lobbyist for the purpose
of lobbying.
(ii) expenses required to be reported pursuant to subparagraph (i) of
this paragraph shall be listed in the aggregate if seventy-five dollars
or less and if more than seventy-five dollars such expenses shall be
detailed as to amount, to whom paid, and for what purpose; and where
such expense is more than seventy-five dollars on behalf of any one
person, the name of such person shall be listed.
(iii) for the purposes of this paragraph, expenses shall not include:
(A) personal sustenance, lodging and travel disbursements of such
lobbyist;
(B) expenses, not in excess of five hundred dollars in any one
calendar year, directly incurred for the printing or other means of
reproduction or mailing of letters, memoranda or other written
communications.
(iv) expenses paid or incurred for salaries other than that of the
lobbyist shall be listed in the aggregate.
(v) expenses of more than fifty dollars shall be paid by check or
substantiated by receipts and such checks and receipts shall be kept on
file by the lobbyist for a period of three years.
(c) (1) All such periodic reports shall be subject to review by the
commission.
(2) Such periodic reports shall be kept on file for three years and
shall be open to public inspection during such time.
* NB Chapter 2 of the laws of 1999 repealed, effective January 1,
2000, the lobbying act as enacted by section 1 of chapter 1040 of the
laws of 1981. A new lobbying act was enacted as Article 1-A of the
legislative law.
Section 5 of such chapter 2 transfers all of the functions and powers
of the New York temporary state commission on lobbying created by such
chapter 1040 to the New York temporary state commission on lobbying
created by Article 1-A of the legislative law with respect to receiving
the periodic and annual reports required to be filed pursuant to
sections 8, 9 and 10 of the repealed chapter 1040. Also, pursuant to
section 7 of such chapter 2, any action or proceeding commenced prior to
January 1, 2000 under the old lobbying act shall be continued,
prosecuted and defended pursuant to the old lobbying act as in effect on
December 31, 1999.
Because of these provisions, the Commission will continue to set out
the full text of the repealed lobbying act through December 31, 2000 in
order that lobbyists who were subject to the former lobbying act may be
adequately apprised of the responsibilities and obligations imposed upon
them as continued by sections 5 and 7 of chapter 2 of the laws of 1999.
* § 9. Periodic reports of public corporations. (a) 1. Every public
corporation required to file a statement of registration pursuant to
section five of this act which in any lobbying year expends or incurs
expenses in an amount in excess of two thousand dollars, as provided in
paragraph five of subdivision (b) of this section, for the purpose of
lobbying shall file with the commission a first periodic written report,
on forms supplied by the commission, by the fifteenth day next
succeeding the end of the reporting period in which the cumulative total
for such lobbying year equaled such sum. Such reporting periods shall be
the period from January first to March thirty-first, April first to May
thirty-first, and June first to August thirty-first.
2. Any public corporation making a report pursuant to paragraph one of
this subdivision shall thereafter file with the commission, on forms
supplied by the commission, a periodic report for each reporting period
that such public corporation expends or incurs expenses in an amount in
excess of five hundred dollars for the purposes of lobbying during such
reporting period. Such report shall be filed not later than the
fifteenth day next succeeding the end of such reporting period and shall
include the amount so expended during such reporting period and the
cumulative total thereof during the lobbying year.
(b) Such periodic report shall contain:
1. the name, address and telephone number of such public corporation;
2. the name, address and telephone number of each lobbyist retained,
employed or designated by such public corporation;
3. copies of all agreements relating to each such retainer, employment
or designation, and if such retainer, employment or designation be oral,
a statement of the substance of such agreement;
4. a description of the general subject or subjects on which the
lobbyist has lobbied, and on which such public corporation has lobbied;
5. the name of the person, organization or legislative body before
which the public corporation, or its lobbyists, has lobbied;
6. (i) the compensation paid or owed to the lobbyist and any expenses
expended, received or incurred by the lobbyist for the purpose of
lobbying; provided, however, any such expenses paid by such public
corporation to a lobbyist for the purpose of lobbying on behalf of such
public corporation shall be itemized in the same manner as if such
public corporation had directly paid or incurred such expenses.
(ii) any expenses required to be reported pursuant to subparagraph (i)
of this paragraph shall be listed in the aggregate if seventy-five
dollars or less and if more than seventy-five dollars such expenses
shall be detailed as to amount, to whom paid, and for what purpose; and
where such expenses are more than seventy-five dollars on behalf of any
one person, the name of such person shall be listed.
(iii) for the purposes of this paragraph, expenses shall not include:
(A) personal sustenance, lodging and travel disbursements of each such
lobbyist;
(B) expenses, not in excess of five hundred dollars in any one
calendar year, directly incurred for the printing or other means of
reproduction or mailing of letters, memoranda or other written
communications.
(iv) expenses paid or incurred for compensation other than that of
each lobbyist shall be listed in the aggregate.
(v) expenses of more than fifty dollars must be paid by check or
substantiated by receipts and such checks and receipts shall be kept on
file by such public corporation for a period of three years.
(c) 1. All such periodic reports shall be subject to review by the
commission.
2. Such periodic reports shall be kept on file for a period of three
years and shall be open to public inspection during such period.
* NB Chapter 2 of the laws of 1999 repealed, effective January 1,
2000, the lobbying act as enacted by section 1 of chapter 1040 of the
laws of 1981. A new lobbying act was enacted as Article 1-A of the
legislative law.
Section 5 of such chapter 2 transfers all of the functions and powers
of the New York temporary state commission on lobbying created by such
chapter 1040 to the New York temporary state commission on lobbying
created by Article 1-A of the legislative law with respect to receiving
the periodic and annual reports required to be filed pursuant to
sections 8, 9 and 10 of the repealed chapter 1040. Also, pursuant to
section 7 of such chapter 2, any action or proceeding commenced prior to
January 1, 2000 under the old lobbying act shall be continued,
prosecuted and defended pursuant to the old lobbying act as in effect on
December 31, 1999.
Because of these provisions, the Commission will continue to set out
the full text of the repealed lobbying act through December 31, 2000 in
order that lobbyists who were subject to the former lobbying act may be
adequately apprised of the responsibilities and obligations imposed upon
them as continued by sections 5 and 7 of chapter 2 of the laws of 1999.
* § 10. Annual reports. (a) Annual reports shall be filed by:
(1) every lobbyist or public corporation required to file a statement
of registration or a periodic report pursuant to section eight or nine
of this act;
(2) any client retaining, employing or designating a lobbyist or
lobbyists, whether or not any such lobbyist was required to file a
periodic report, if during the year such client expended, received or
incurred an amount in excess of two thousand dollars of combined
reportable compensation and expenses, as provided in paragraph five of
subdivision (c) of this section, for the purposes of lobbying.
(b) Such report pursuant to paragraph one of subdivision (a) of this
section shall be filed with the commission, on forms supplied by the
commission, by the fifteenth day of January next following the year for
which such report is made and shall contain on an annual cumulative
basis all the information required in periodic reports by section eight
or nine of this act.
(c) Such report pursuant to paragraph two of subdivision (a) of this
section shall be filed with the commission, on forms supplied by the
commission, by the fifteenth day of January next following the year for
which such report is made and shall contain:
(1) the name, address and telephone number of the client;
(2) the name, address and telephone number of each lobbyist retained,
employed or designated by such client;
(3) a description of the general subject or subjects on which each
lobbyist retained, employed or designated by such client has lobbied,
and on which such client has lobbied;
(4) the name of the person, organization, or legislative body before
which such client has lobbied;
(5) (i) the compensation paid or owed to each such lobbyist, and any
other expenses paid or incurred by such client for the purpose of
lobbying.
(ii) any expenses required to be reported pursuant to subparagraph (i)
of this paragraph shall be listed in the aggregate if seventy-five
dollars or less and if more than seventy-five dollars such expenses
shall be detailed as to amount, to whom paid, and for what purpose; and
where such expenses are more than seventy-five dollars on behalf of any
one person, the name of such person shall be listed.
(iii) for the purposes of this paragraph, expenses shall not include:
(A) personal sustenance, lodging and travel disbursements of such
lobbyist and client;
(B) expenses, not in excess of five hundred dollars, directly incurred
for the printing or other means of reproduction or mailing of letters,
memoranda or other written communications.
(iv) expenses paid or incurred for salaries other than that of the
lobbyist shall be listed in the aggregate.
(v) expenses of more than fifty dollars must be paid by check or
substantiated by receipts and such checks and receipts shall be kept on
file by such client for a period of three years.
(d) (1) All such annual reports shall be subject to review by the
commission.
(2) Such annual reports shall be kept on file for a period of three
years and shall be open to public inspection during such period.
* NB Chapter 2 of the laws of 1999 repealed, effective January 1,
2000, the lobbying act as enacted by section 1 of chapter 1040 of the
laws of 1981. A new lobbying act was enacted as Article 1-A of the
legislative law.
Section 5 of such chapter 2 transfers all of the functions and powers
of the New York temporary state commission on lobbying created by such
chapter 1040 to the New York temporary state commission on lobbying
created by Article 1-A of the legislative law with respect to receiving
the periodic and annual reports required to be filed pursuant to
sections 8, 9 and 10 of the repealed chapter 1040. Also, pursuant to
section 7 of such chapter 2, any action or proceeding commenced prior to
January 1, 2000 under the old lobbying act shall be continued,
prosecuted and defended pursuant to the old lobbying act as in effect on
December 31, 1999.
Because of these provisions, the Commission will continue to set out
the full text of the repealed lobbying act through December 31, 2000 in
order that lobbyists who were subject to the former lobbying act may be
adequately apprised of the responsibilities and obligations imposed upon
them as continued by sections 5 and 7 of chapter 2 of the laws of 1999.
* § 11. Contingent retainer. No client shall retain or employ any
lobbyist for compensation, the rate or amount of which compensation in
whole or part is contingent or dependent upon the passage or defeat of
any legislative bill or the approval or veto of any legislation by the
governor, or the adoption or rejection of any code, rule or regulation
having the force and effect of law or the outcome of any rate making
proceeding by a state agency and no person shall accept such a retainer
or employment. A violation of this section shall be a class A
misdemeanor.
* NB Chapter 2 of the laws of 1999 repealed, effective January 1,
2000, the lobbying act as enacted by section 1 of chapter 1040 of the
laws of 1981. A new lobbying act was enacted as Article 1-A of the
legislative law.
Section 5 of such chapter 2 transfers all of the functions and powers
of the New York temporary state commission on lobbying created by such
chapter 1040 to the New York temporary state commission on lobbying
created by Article 1-A of the legislative law with respect to receiving
the periodic and annual reports required to be filed pursuant to
sections 8, 9 and 10 of the repealed chapter 1040. Also, pursuant to
section 7 of such chapter 2, any action or proceeding commenced prior to
January 1, 2000 under the old lobbying act shall be continued,
prosecuted and defended pursuant to the old lobbying act as in effect on
December 31, 1999.
Because of these provisions, the Commission will continue to set out
the full text of the repealed lobbying act through December 31, 2000 in
order that lobbyists who were subject to the former lobbying act may be
adequately apprised of the responsibilities and obligations imposed upon
them as continued by sections 5 and 7 of chapter 2 of the laws of 1999.
* § 12. Penalties. (a) Except as provided for in section ten of this
act, any person or organization who knowingly and wilfully violates any
provision of this act, shall be guilty of a class A misdemeanor. For the
purposes of this subdivision, the chief administrative officer of any
organization required to file a statement or report shall be the person
responsible for making and filing such statement or report unless some
other person prior to the due date thereof has been duly designated to
make and file such statement or report.
(b) A person or organization who fails to file a statement or report
within the time required for the filing of such report shall be subject
to a civil penalty, in an amount not to exceed five thousand dollars, to
be assessed by the commission. Such assessment may only be imposed after
written notice of such failure and the expiration of a reasonable period
within which to cure the failure. The amount of such assessment shall be
determined only after a hearing at which the party shall be entitled to
appear and be heard. Such assessment may be recovered in an action
brought by the attorney general.
(c) There is hereby established in the custody of the state
comptroller a special fund to be known as the "Lobbying Act Enforcement
Fund". Such fund shall consist of all moneys recovered by the attorney
general or received by the commission from the assessment of civil
penalties authorized by this section. Such moneys shall be deposited to
the credit of such fund and shall, in addition to any other moneys made
available for such purpose, be available to the commission generally for
the purpose of enforcing the provisions of the lobbying act. All
payments from the lobbying act enforcement fund shall be made on the
audit and warrant of the state comptroller on vouchers certified and
submitted by the chairman of the commission or the executive director of
the commission if so designated by the chairman.
* NB Chapter 2 of the laws of 1999 repealed, effective January 1,
2000, the lobbying act as enacted by section 1 of chapter 1040 of the
laws of 1981. A new lobbying act was enacted as Article 1-A of the
legislative law.
Section 5 of such chapter 2 transfers all of the functions and powers
of the New York temporary state commission on lobbying created by such
chapter 1040 to the New York temporary state commission on lobbying
created by Article 1-A of the legislative law with respect to receiving
the periodic and annual reports required to be filed pursuant to
sections 8, 9 and 10 of the repealed chapter 1040. Also, pursuant to
section 7 of such chapter 2, any action or proceeding commenced prior to
January 1, 2000 under the old lobbying act shall be continued,
prosecuted and defended pursuant to the old lobbying act as in effect on
December 31, 1999.
Because of these provisions, the Commission will continue to set out
the full text of the repealed lobbying act through December 31, 2000 in
order that lobbyists who were subject to the former lobbying act may be
adequately apprised of the responsibilities and obligations imposed upon
them as continued by sections 5 and 7 of chapter 2 of the laws of 1999.
* § 13. Enforcement. (a) All statements and reports required under
this act shall be subject to a declaration by the person making and
filing such statement and report that the information is true, correct
and complete to the best knowledge and belief of the signer under the
penalties of perjury.
(b) (1) Following a failure to make and file a statement or report
required by this act, the commission shall notify the person or
organization of such fact by certified mail, and that such filing must
be made within fifteen days of the date of such notice.
(2) The failure to file any statement or report within the time
provided for in paragraph one of this subdivision shall constitute a
class A misdemeanor.
(3) Upon receipt of notice of such failure from the commission, the
attorney general or other appropriate authority shall take such action
as he deems appropriate to secure compliance with the provisions of this
act.
(c) The commission shall be charged with the duty of reviewing all
statements and reports required under this act for violations, and it
shall be their duty, if they deem such to be wilful, to report such
determination to the attorney general or other appropriate authority.
* NB Chapter 2 of the laws of 1999 repealed, effective January 1,
2000, the lobbying act as enacted by section 1 of chapter 1040 of the
laws of 1981. A new lobbying act was enacted as Article 1-A of the
legislative law.
Section 5 of such chapter 2 transfers all of the functions and powers
of the New York temporary state commission on lobbying created by such
chapter 1040 to the New York temporary state commission on lobbying
created by Article 1-A of the legislative law with respect to receiving
the periodic and annual reports required to be filed pursuant to
sections 8, 9 and 10 of the repealed chapter 1040. Also, pursuant to
section 7 of such chapter 2, any action or proceeding commenced prior to
January 1, 2000 under the old lobbying act shall be continued,
prosecuted and defended pursuant to the old lobbying act as in effect on
December 31, 1999.
Because of these provisions, the Commission will continue to set out
the full text of the repealed lobbying act through December 31, 2000 in
order that lobbyists who were subject to the former lobbying act may be
adequately apprised of the responsibilities and obligations imposed upon
them as continued by sections 5 and 7 of chapter 2 of the laws of 1999.
* § 13-a. Record of appearances. The commission shall promulgate all
rules or regulations and any procedures, forms, or instructions
necessary to implement the provisions of section 166 of the executive
law relating to the quarterly filing of the record of appearances before
regulatory agencies.
* NB Chapter 2 of the laws of 1999 repealed, effective January 1,
2000, the lobbying act as enacted by section 1 of chapter 1040 of the
laws of 1981. A new lobbying act was enacted as Article 1-A of the
legislative law.
Section 5 of such chapter 2 transfers all of the functions and powers
of the New York temporary state commission on lobbying created by such
chapter 1040 to the New York temporary state commission on lobbying
created by Article 1-A of the legislative law with respect to receiving
the periodic and annual reports required to be filed pursuant to
sections 8, 9 and 10 of the repealed chapter 1040. Also, pursuant to
section 7 of such chapter 2, any action or proceeding commenced prior to
January 1, 2000 under the old lobbying act shall be continued,
prosecuted and defended pursuant to the old lobbying act as in effect on
December 31, 1999.
Because of these provisions, the Commission will continue to set out
the full text of the repealed lobbying act through December 31, 2000 in
order that lobbyists who were subject to the former lobbying act may be
adequately apprised of the responsibilities and obligations imposed upon
them as continued by sections 5 and 7 of chapter 2 of the laws of 1999.
* § 14. Publication of statement on lobbying regulations. The
commission shall publish a statement on lobbying regulations setting
forth the requirements of this act in a clear and brief manner. Such
statement shall contain an explanation of the registration and filing
requirements and the penalties for violation thereof, together with such
other information as the commission shall determine, and copies thereof
shall be made available to the public at convenient locations throughout
the state.
* NB Chapter 2 of the laws of 1999 repealed, effective January 1,
2000, the lobbying act as enacted by section 1 of chapter 1040 of the
laws of 1981. A new lobbying act was enacted as Article 1-A of the
legislative law.
Section 5 of such chapter 2 transfers all of the functions and powers
of the New York temporary state commission on lobbying created by such
chapter 1040 to the New York temporary state commission on lobbying
created by Article 1-A of the legislative law with respect to receiving
the periodic and annual reports required to be filed pursuant to
sections 8, 9 and 10 of the repealed chapter 1040. Also, pursuant to
section 7 of such chapter 2, any action or proceeding commenced prior to
January 1, 2000 under the old lobbying act shall be continued,
prosecuted and defended pursuant to the old lobbying act as in effect on
December 31, 1999.
Because of these provisions, the Commission will continue to set out
the full text of the repealed lobbying act through December 31, 2000 in
order that lobbyists who were subject to the former lobbying act may be
adequately apprised of the responsibilities and obligations imposed upon
them as continued by sections 5 and 7 of chapter 2 of the laws of 1999.
* § 15. Separability clause. If any part or provision of this act or
the application thereof to any person or organization is adjudged by a
court of competent jurisdiction to be unconstitutional, such judgment
shall not affect or impair any other part or provision or the
application thereof to any other person or organization, but shall be
confined in its operation to the part, provision, person or organization
directly involved in the controversy in which such judgment shall have
been rendered.
* NB Chapter 2 of the laws of 1999 repealed, effective January 1,
2000, the lobbying act as enacted by section 1 of chapter 1040 of the
laws of 1981. A new lobbying act was enacted as Article 1-A of the
legislative law.
Section 5 of such chapter 2 transfers all of the functions and powers
of the New York temporary state commission on lobbying created by such
chapter 1040 to the New York temporary state commission on lobbying
created by Article 1-A of the legislative law with respect to receiving
the periodic and annual reports required to be filed pursuant to
sections 8, 9 and 10 of the repealed chapter 1040. Also, pursuant to
section 7 of such chapter 2, any action or proceeding commenced prior to
January 1, 2000 under the old lobbying act shall be continued,
prosecuted and defended pursuant to the old lobbying act as in effect on
December 31, 1999.
Because of these provisions, the Commission will continue to set out
the full text of the repealed lobbying act through December 31, 2000 in
order that lobbyists who were subject to the former lobbying act may be
adequately apprised of the responsibilities and obligations imposed upon
them as continued by sections 5 and 7 of chapter 2 of the laws of 1999.