N.Y. Regulation of Lobbying Act 1040/81 § 4: New York temporary state commission on lobbying

* § 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.