N.Y. Regulation of Lobbying Act 1040/81 § 3: Definitions

* § 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.