1. The Laws of New York
  2. Unconsolidated Laws
  3. Regulation of Lobbying Act 1040/81


Section 3 Definitions

Regulation of Lobbying Act 1040/81 (RLA)

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.