NY State Senate Bill 2023-S4152

Current Bill Status - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 08, 2023	vetoed memo.102
Nov 29, 2023	delivered to governor
Jun 10, 2023	returned to senate passed assembly ordered to third reading rules cal.818 substituted for a5786
May 16, 2023	referred to governmental operations delivered to assembly passed senate
May 10, 2023	advanced to third reading
May 09, 2023	2nd report cal.
May 08, 2023	1st report cal.763
Feb 03, 2023	referred to ethics and internal governance

Votes

- May 16, 2023 - Floor Vote
  S4152
  
  46
  
  Aye
  
  16
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 16, 2023
      
      aye (46)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      May
      
      Mayer
      
      Myrie
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      nay (16)
      
      Borrello
      
      Canzoneri-Fitzpatrick
      
      Gallivan
      
      Helming
      
      Martins
      
      Mattera
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Rhoads
      
      Stec
      
      Tedisco
      
      Walczyk
      
      Weber
      
      Weik
      
      excused (1)
      
      Cooney
  May 9, 2023 - Ethics And Internal Governance Committee Vote
  S4152
  
  5
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Ethics And Internal Governance Committee Vote: May 9, 2023
      
      aye (5)
      
      Breslin
      
      Cooney
      
      Gonzalez
      
      Palumbo
      
      Stavisky
      
      nay (1)
      
      Rhoads
      
      aye wr (1)
      
      Lanza

co-Sponsors

View additional co-sponsors

2023-S4152 (ACTIVE) - Details

See Assembly Version of this Bill:: A5786
Law Section:: Legislative Law
Laws Affected:: Amd §§1-a, 1-c, 1-e, 1-h, 1-j & 1-k, Leg L

2023-S4152 (ACTIVE) - Summary

Requires registration and the disclosure of information relating to lobbying for the nomination or confirmation of persons to state office.

2023-S4152 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4152

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the legislative law, in relation to lobbying for the
confirmation of persons to state office

 
PURPOSE:

An act to amend the legislative law, in relation to disclosing activ-
ities related to the lobbying for or against the confirmation or nomi-
nation of persons to state office

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 1-a of the legislative law, as added by chapter
2 of the laws of 1999, to include the intent of the legislature that it
is necessary that the identity, expenditures and activities of persons
and organizations retained, employed or designated to influence the
nomination or confirmation of any person to state office should be
publicly and regularly disclosed.

Section 2 amends Paragraphs (ix) and (x) of subdivision (c) of section
1-c of the legislative law, as added by chapter 1 of the laws of 2005,
to add a new paragraph (xi) to include any attempt to influence the
nomination or confirmation of any person for a position subject to
confirmation by the Senate in the terms "lobbying" and "lobbying activ-
ities."

Section 3 amends Paragraph 5 of subdivision (c) of section 1-e of the
legislative law, as amended by chapter 1 of the laws of 2005, to require
that statements of registration must include lobbying information
related to nominations or confirmations, the offices and nominees or
potential nominees.

Section 4 amends Paragraph 3 of subdivision (b) of section 1-h of the
legislative law, as amended by chapter 14 of the laws of 2007, to
require that bimonthly reports of certain lobbyists must include infor-
mation regarding nominations or confirmations, the offices and nominees
or potential nominees on which the lobbyist has lobbied.

Section 5 amends Paragraph 3 of subdivision (b) of section 1-j of the
legislative law, as amended by chapter 1 of the laws of 2005, to require
that semiannual reports of lobbyists must include information regarding
nominations or confirmations, the offices and nominees or potential
nominees on which the lobbyist has been retained and has lobbied.

Section 6 amends Paragraph 1 of subdivision (a) of section 1-k of the
legislative law, as amended by chapter 1 of the laws of 2005, to add
that no client shall retain or employ any lobbyist for compensation, the
rate or amount of which compensation in whole or in part is contingent
or dependent on the nomination or confirmation, or defeat of a nomi-
nation or confirmation, of any person for a position subject to confir-
mation by the senate.

Section 7 sets the effective date.

 
EXISTING LAW:
Click here

 
JUSTIFICATION:

This legislation addresses the reporting loophole for lobbying in the
legislative law to include all nominations and confirmations for a posi-
tion subject to confirmation by the senate. Currently, state law is
entirely silent on the requirement of lobbyists to report who is paying
them and how much when lobbying on such nominations and confirmations.
This legislation requires regular and public disclosure of lobbying on
senate nominations and confirmations, just as it does for those seeking
to influence legislation or the state budget process. It is imperative
to the operation of a responsible democratic government that such infor-
mation be publicly and regularly disclosed.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

N/A

 
LOCAL FISCAL IMPLICATIONS:

N/A

 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after January 1, 2023.

2023-S4152 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4152
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2023
                                ___________
 
 Introduced  by  Sens.  GIANARIS, HOYLMAN-SIGAL -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Ethics
   and Internal Governance
 
 AN  ACT  to  amend  the legislative law, in relation to lobbying for the
   confirmation of persons to state office

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 1-a of the legislative law, as added by chapter 2
 of the laws of 1999, is amended to read as follows:
   § 1-a. 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  govern-
 ment  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  deci-
 sion-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 legis-
 lation by either house of the legislature [or], the approval,  or  veto,
 of any legislation by the governor [and], THE NOMINATION OR CONFIRMATION
 OF  ANY  PERSON TO A STATE OFFICE, 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, and the
 attempts to influence the passage or defeat of any local law, ordinance,
 or regulation be publicly and regularly disclosed.
   § 2. Paragraphs (ix) and (x) of subdivision (c) of section 1-c of  the
 legislative  law, as added by chapter 1 of the laws of 2005, are amended
 and a new paragraph (xi) is added to read as follows:
   (ix) the adoption or rejection of any rule, regulation, or  resolution
 having  the  force  and effect of a local law, ordinance, resolution, or
 regulation; [or]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08657-02-3

 S. 4152                             2
 
   (x) the outcome of any rate making proceeding by any  municipality  or
 subdivision thereof[.]; OR
   (XI)  THE  NOMINATION  OR  CONFIRMATION  OF  ANY PERSON FOR A POSITION
 SUBJECT TO CONFIRMATION BY THE SENATE.
   § 3. Paragraph 5 of subdivision (c) of section 1-e of the  legislative
 law,  as amended by chapter 1 of the laws of 2005, is amended to read as
 follows:
   (5) the following information on which the lobbyist expects to  lobby:
 (i)  a description of the general subject or subjects, (ii) the legisla-
 tive bill numbers of any bills, (iii) the numbers or subject matter  (if
 there  are  no  numbers)  of gubernatorial executive orders or executive
 orders issued by the chief executive officer of a municipality, (iv) the
 subject matter of and tribes involved in tribal-state compacts, memoran-
 da of understanding, or any other state-tribal agreements and any  state
 actions related to class III gaming as provided in 25 U.S.C. § 2701, (v)
 the  rule, regulation, and ratemaking numbers of any rules, regulations,
 rates, or municipal ordinances and resolutions, or proposed rules, regu-
 lations, or rates, or municipal ordinances and resolutions,  [and]  (vi)
 the  titles and any identifying numbers of any procurement contracts and
 other documents disseminated by a state  agency,  either  house  of  the
 state  legislature,  the unified court system, municipal agency or local
 legislative body in connection  with  a  governmental  procurement,  AND
 (VII)  FOR  NOMINATIONS  OR  CONFIRMATIONS,  THE OFFICES AND NOMINEES OR
 POTENTIAL NOMINEES;
   § 4. Paragraph 3 of subdivision (b) of section 1-h of the  legislative
 law, as amended by chapter 14 of the laws of 2007, is amended to read as
 follows:
   (3) the following information on which the lobbyist has lobbied: (i) a
 description  of  the  general  subject or subjects, (ii) the legislative
 bill numbers of any bills, (iii) the numbers or subject matter (if there
 are no numbers) of gubernatorial executive orders  or  executive  orders
 issued  by  the  chief  executive  officer  of  a municipality, (iv) the
 subject matter of and tribes involved in tribal-state compacts, memoran-
 da of understanding, or any other state-tribal agreements and any  state
 actions related to class III gaming as provided in 25 U.S.C. § 2701, (v)
 the  rule,  regulation,  and ratemaking or municipal ordinance or resol-
 ution numbers of any  rules,  regulations,  or  rates  or  ordinance  or
 proposed  rules, regulations, or rates or municipal ordinances or resol-
 utions, [and] (vi)  the  titles  and  any  identifying  numbers  of  any
 procurement  contracts and other documents disseminated by a state agen-
 cy, either house of the state legislature,  the  unified  court  system,
 municipal  agency or local legislative body in connection with a govern-
 mental procurement, AND (VII)  FOR  NOMINATIONS  OR  CONFIRMATIONS,  THE
 OFFICES AND NOMINEES OR POTENTIAL NOMINEES;
   §  5. Paragraph 3 of subdivision (b) of section 1-j of the legislative
 law, as amended by chapter 1 of the laws of 2005, is amended to read  as
 follows:
   (3)  the  following  information  on  which  each  lobbyist  retained,
 employed or designated by such client has lobbied,  and  on  which  such
 client  has  lobbied:  (i)  a  description  of  the  general  subject or
 subjects, (ii) the legislative bill numbers  of  any  bills,  (iii)  the
 numbers  or  subject  matter  (if there are no numbers) of gubernatorial
 executive orders or executive orders issued by the chief executive offi-
 cer of a municipality, (iv) the subject matter of and tribes involved in
 tribal-state compacts, memoranda of understanding, or any  other  state-
 tribal  agreements  and any state actions related to class III gaming as
 S. 4152                             3
 
 provided in 25 U.S.C. 2701, (v) the rule, regulation, and ratemaking  or
 municipal  resolution or ordinance numbers of any rules, regulations, or
 rates, or municipal resolutions or ordinances or proposed  rules,  regu-
 lations,  or  rates,  or municipal ordinances or resolutions [and], (vi)
 the titles and any identifying numbers of any procurement contracts  and
 other  documents  disseminated  by  a  state agency, either house of the
 state legislature, the unified court system, municipal agency  or  local
 legislative  body  in  connection  with  a governmental procurement, AND
 (VII) FOR NOMINATIONS OR CONFIRMATIONS,  THE  OFFICES  AND  NOMINEES  OR
 POTENTIAL NOMINEES;
   §  6. Paragraph 1 of subdivision (a) of section 1-k of the legislative
 law, as amended by chapter 1 of the laws of 2005, is amended to read  as
 follows:
   (1)  (A) the passage or defeat of any legislative bill or the approval
 or veto of any legislation by the governor,  (B)  the  terms,  issuance,
 modification  or  rescission of a gubernatorial executive order, (C) the
 terms, approval or disapproval, or the implementation and administration
 of tribal-state compacts,  memoranda  of  understanding,  or  any  other
 tribal-state  agreements  and  any  state  actions  related to class III
 gaming as provided in 25 U.S.C. 2701, [or] (D) 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, OR (E) THE
 NOMINATION OR CONFIRMATION, OR DEFEAT OF A NOMINATION  OR  CONFIRMATION,
 OF ANY PERSON FOR A POSITION SUBJECT TO CONFIRMATION BY THE SENATE;
   §  7.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after January 1, 2023.

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Senate Bill S4152

Sponsored By

Current Bill Status - Vetoed by Governor

May 16, 2023 - Floor Vote

Floor Vote: May 16, 2023

May 9, 2023 - Ethics And Internal Governance Committee Vote

Ethics And Internal Governance Committee Vote: May 9, 2023

co-Sponsors

2023-S4152 (ACTIVE) - Details

2023-S4152 (ACTIVE) - Summary

2023-S4152 (ACTIVE) - Sponsor Memo

2023-S4152 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4152

Share this bill

Sponsored By

Michael Gianaris

Current Bill Status - Vetoed by Governor

co-Sponsors

Brad Hoylman-Sigal

Jabari Brisport

Nathalia Fernandez

Kristen Gonzalez

2023-S4152 (ACTIVE) - Details

2023-S4152 (ACTIVE) - Summary

2023-S4152 (ACTIVE) - Sponsor Memo

2023-S4152 (ACTIVE) - Bill Text download pdf

Comments