Current through Register Vol. 46, No. 12, March 20, 2024
The following definitions are applicable throughout Part 943,
unless otherwise specified:
(a)
Advisory Board means a board, task force, commission, or other
body that carries out a governmental or quasi-governmental function, but is not
empowered to make binding recommendations or take actions that carry the force
and effect of law.
(b)
Affiliated means two or more corporations, partnerships,
organizations, or other entities that have any of the following relationships:
parent/subsidiary; subsidiaries with the same parent entity; or national or
regional organization.
(c)
Attempt to Influence means an activity intended to support,
oppose, modify, delay, expedite, or otherwise affect an action enumerated in
sections 1-c(c)(i)-(x) of the Lobbying Act.
(d)
Beneficial Client means
the specific individual or organization on whose behalf and at whose request or
behest Lobbying Activity is conducted.
(1)
Members of the general public, for example, would not constitute a Beneficial
Client.
(2) If an organization
engages in Lobbying for the benefit of the members of a population or class,
the members of the population or class are not Beneficial Clients.
(3) An individual or organization that
lobbies on its own behalf is the Beneficial Client.
(4) While a Contractual and Beneficial Client
must be identified for every lobbying arrangement, the Contractual Client may
also be the Beneficial Client.
(e)
Client means a person or
organization that retains, employs or designates a person or organization to
lobby; and includes both Contractual Clients and Beneficial Clients.
(f)
Contractual Client means
an individual or organization that retains the services of a Lobbyist for the
benefit of itself or another.
(1) A
Contractual Client is the individual or organization that signs and/or enters
into a lobbying agreement with a Lobbyist;
(2) Compensation and Expenses are typically,
but not necessarily, paid for or incurred by the Contractual Client.
(g)
Designated
Lobbyist means a person who is selected, appointed, named or otherwise
chosen to Lobby on behalf of a Client, and is not Retained or Employed as
defined in this subsection. This includes:
(1) A person Lobbying on behalf of themself;
and
(2) A board member, director,
or officer of a Client, whether compensated or uncompensated, selected,
appointed, named or otherwise chosen to Lobby on such Client's
behalf.
(h)
Employed Lobbyist means a person who lobbies on behalf of the
organization by which he is employed.
(1) A
person who is paid by a Lobbying Organization as an independent contractor may
be considered an Employed Lobbyist if such person meets the following criteria:
(i) The independent contractor's only source
of Lobbying compensation is the Lobbying Organization;
(ii) The independent contractor's Lobbying
Activities are supervised by the Lobbying Organization; and
(iii) The independent contractor is not
otherwise identified as an Individual Lobbyist on any other Statement of
Registration.
(2) A
person who is paid by a Lobbying Organization as an independent contractor but
does not meet the criteria in paragraph (1) above is a Retained
Lobbyist.
(i)
Individual Lobbyist means a person who is an Employed,
Retained or Designated Lobbyist.
(j)
Lobbying or Lobbying
Activity means an Attempt to Influence activity set forth in Section
1- c(c) of the Lobbying Act, and includes both Direct and Grassroots
Lobbying.
(k)
Lobbying
Act means Article 1-A of the Legislative Law.
(l)
Lobbying Organization
means a company, firm, entity, or other organization (including a Coalition, as
described in section
943.9(h)
) that utilizes Employed or Designated Lobbyists to Lobby on its behalf, or
incurs Lobbying Expenses on its own behalf.
(1) Lobbying Organization can include a
corporate entity, e.g., a limited liability company, formed by an individual
for advocacy purposes.
(m)
Lobbyist means a person
or organization who engages in Lobbying Activity and includes Retained,
Employed, and Designated Lobbyists. Lobbyist includes officers, directors,
trustees, employees, counsels, or agents of colleges, as defined by section two
of the education law, but does not include any other officer, director,
trustee, employee, counsel or agent of the State of New York, or any
municipality or subdivision thereof when discharging his or her official
duties.
(n)
(1)
Municipal Officers and
Employees include:
(i) An officer or
employee of a Municipality, whether paid or unpaid;
(ii) Local elected officials; and
(iii) Members of a board (other than an
Advisory Board), commission, or other agency of a Municipality; and
(iv) In the case of a county, an officer or
employee paid from county funds.
(2) No individual shall be deemed a Municipal
Officer and Employee solely based on service on an Advisory Board.
(3) No person shall be deemed to be a
Municipal Officer or Employee solely by reason of being a volunteer fireman or
civil defense volunteer, except a fire chief or assistant fire chief.
(o)
Municipality means a jurisdictional subdivision of the State,
including:
(1) Counties, cities, towns,
villages, improvement districts, and special districts with a population of
more than 5,000;
(2) Industrial
development agencies in jurisdictional subdivisions with a population of more
than 5,000;
(3) Public
authorities;
(4) Public
Corporations, except for those types of entities referenced in paragraphs (1)
and (2) of this subdivision with a population of 5,000 or less; and
(5) School districts of any size.
Note: Additional discussion of the activities of industrial
development agencies can be found in Section
943.9(j)
below.
(p)
Principal Lobbyist includes:
(1) In the case of a Retained Lobbyist, the
entity that has entered into an agreement with a Client to provide Lobbying
services;
(2) In the case of an
Employed Lobbyist, the name of the employer Lobbying Organization;
and
(3) In the case of a Designated
Lobbyist, the individual who has designated themself or the Lobbying
Organization that has designated the Lobbyist.
(q)
Public Corporation shall
have the same meaning as provided in Section
66 of the General Construction Law.
(r)
Public Official means:
(1) The governor, lieutenant governor,
comptroller, or attorney general;
(2) Members of the State
legislature;
(3) Officers and
employees of the legislature;
(4)
State officers and employees; and
(5) Municipal officers and employees.
No individual shall be deemed a Public Official solely based
on service on an Advisory Board.
(s)
Responsible Party means
the Lobbyist or Client's Chief Administrative Officer, or a designee, who is
responsible for filing the Statements or Reports required under the Lobbying
Act.
(t)
Retained
Lobbyist means a person or organization engaged to lobby for the
benefit of an unaffiliated Client, and any person who is paid by a Lobbying
Organization as an independent contractor but does not meet the criteria in
paragraph (h) of this subpart.
(u)
Social Media means any mobile or internet-based platform
designed to enable and facilitate communication and sharing of information
among multiple users.
(v)
State Agency shall mean
(1) A
department, board, bureau, commission, division, office, council, committee, or
officer of the State, whether permanent or temporary, a public benefit
corporation or a 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.
(2) State
agency does not include the judicial branch or agencies created by interstate
compact or international agreement.
(w)
State Officers and
Employees includes:
(1) Heads of
State departments and their deputies and assistants, other than members of the
board of regents of the university of the State of New York who receive no
compensation or are compensated on a per diem basis;
(2) Officers and employees of statewide
elected officials;
(3) Officers and
employees of State departments, boards, bureaus, divisions, commissions,
councils, or other State agencies; and
(4) Members or directors of public
authorities (other than multi-state authorities), public benefit corporations
and commissions at least one of whose members is appointed by the governor, and
employees of such authorities, corporations, and commissions.
No individual shall be deemed a State Officer and Employee
solely based on service on an Advisory Board.
