New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter XX - Commission on ethics and lobbying in Government
Part 934 - GIFTS (PURSUANT TO LEGISLATIVE LAW ARTICLE 1-A)
Section 934.2 - Definitions
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Bona fide charitable event shall mean a function the primary purpose of which is to provide financial support to a charitable organization.
(b) Bona fide political event shall mean a function the primary purpose of which is to provide financial support to political organization(s) or political candidate(s).
(c) Charitable organization shall mean:
(d) Client shall mean every person or organization as defined in section 1-c(b) of article 1-A of the Legislative Law.
(e) Commission shall mean the New York State Joint Commission on Public Ethics.
(f) Complimentary attendance shall mean the waiver of all or part of a registration or admission fee, or waiver of all or part of a fee or charge for the provision of food, beverages, entertainment, instruction, or materials. Complimentary attendance shall include the awarding of continuing education credits or certification for attendance at a program provided such credits or certification are offered to all attendees. Complimentary attendance shall not include travel, lodging, or items of more than nominal value.
(g) Educational program shall mean formal instruction provided to attendees. Factors to be considered in assessing whether a program is educational include, but are not limited to: the curriculum; whether the entity providing the program, or the instructors, are accredited, certified, or otherwise qualified to provide the program; who the program is presented to; and where and how the program is presented.
(h) Family member of any public official shall have the same meaning as the term relative set forth in Public Officers Law section 73(1)(m).
(i) Gift shall mean anything of more than nominal value in any form including, but not limited to: money; service; loan; travel; lodging; meals; refreshments; entertainment; discount; or a forbearance of an obligation or a promise that has a monetary value. Notwithstanding the preceding sentence, the exclusions contained in section 934.4 of this Part are not gifts and do not need to be analyzed under section 934.3 of this Part.
(j) Informational event shall mean an event or meeting the primary purpose of which is to provide information about a subject or subjects related to a public official's official responsibilities.
(k) Lobbyist shall mean every person or organization as defined in section 1-c(a) of article 1-A of the Legislative Law.
(l) Ministerial matter shall mean an administrative act carried out in a prescribed manner not allowing for substantial personal discretion.
(m) Nominal value is not defined in the Public Officers Law or Legislative Law article 1-A. The commission, however, generally deems an item or service with a fair market value of $15 or less as having a nominal value.
(n) Political candidate shall mean any individual meeting any of the requirements in Public Officers Law section 73-a(2)(a)(iii)-(viii), including the current office holder.
(o) Political organization shall mean any entity that is affiliated with or a subsidiary of a political party including, without limitation, a partisan political club or committee, or a campaign or fund-raising committee for a political party or political candidate.
(p) Professional program shall mean a program that provides information, such as trends in an industry or discipline, which would benefit the administration or operation of the State or the public official's applicable governmental entity, and would enable a public official to perform his or her duties more effectively. It shall not include a program, the primary purpose of which is the promotion or marketing of products or services for purchase or lease by the State or the public official's applicable governmental entity.
(q) Public official(s) shall mean:
(r) Widely attended event shall mean an event as defined in section 934.4(a)(4)(i) of this Part.