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Category:
Legal and Compliance


Responsible Office:

Other Requirement Title:
Lobbying Law Requirements

Document Number:
6400

Effective Date:
January 01, 2000


This procedure item applies to:
State-Operated Campuses

Table of Contents
Summary

Requirement
Related Procedures
Forms
Definitions
Other Related Information
Appendicies

Summary

System Administration and each campus is responsible for its own compliance with the State Lobbying Act. System Administration will comply with the Lobbying Act's requirements only with respect to System Administration activities.  Pursuant to the Lobbying Act, System Administration and each of its campuses is both a lobbyist and client.  Copies of filings submitted to the Commission on Public Integrity by each campus should be forwarded to the University's Vice Chancellor for Government Relations - System Administration.


Requirement

Registration and Reporting Requirements

The Lobbying Act (Article 1-A of the Legislative Law; citations hereafter are to sections of the Legislative Law, unless otherwise indicated) sets forth registration and reporting requirements for lobbyists and reporting requirements for clients.

A campus which expects to spend more than $5,000 in a calendar year for lobbying compensation and expenses should file a Statement of Registraion (§1 -e(a)) biennially, commencing 2005, by December 15 of the prior year with the Commission on Public Integrity (Commission). The campus, as lobbyist, is required to file with the Commission bi-monthly reports (by March 15, May 15, July 15, September 15, November 15 and January 15) listing specific legislation, executive orders, regulations and procurement contracts promoted or opposed, and expenses incurred (itemized over $75) (§1-h).

In addition, lobbyists and clients are each required to file semi-annual reports with the Commission, by July 15 and January 15 (§ 1-j). The University and its campuses report as both lobbyist and client.

All statements and reports filed with the Commission are to be submitted on forms provided by the Commission. Forms may be downloaded from the Commission's website. In addition, the web site can be used to review or download opinions of the Commission and the Commission's guidelines to the Lobbying Act. Questions can be addressed to the Commission by phone or e-mail. Copies of filings submitted to the Lobbying Commission by each campus should be forwarded to the University's Vice Chancellor for Government Relations - System Admnistration.

Provisions Concerning Gifts

The Lobbying Act prohibits a lobbyist or client from offering or giving a public official or the spouse or unempancipated child of a public official, a gift more than nominal value unless under the circumstances it is not reasonable to infer that the gift was intended to influence such public official (§1-m).


Definitions

Lobbying - Attempting to influence the passage or defeat of state or local legislation, the adoption, amendment or recsission of a gubernatorial or local executive order, the adoption or rejection of state or local rules or regulations, the outcome of state or local rate-making or a determination by a public official with respect to a governmental procurement (§1-c(c)). "Lobbying" does not include, among other things, drafting legislation, rules or rates or advising clients and rendering opinions on proposed legislation, rules or rates, or preparing or submitting a response to a request for information or comments by the state legislature, governor, a state agency, or local governmental entity (§1-c(1),(5)).

Gift - anything of more than nominal value including money, service, loan, travel, lodging, meals, refreshments, entertainment, discount, forbearance or promise, but not including:

Governmental Procurement – With respect to a contract for a commodity, service, construction, real property transaction, grant or concession involving an estimated annualized expenditure of more than $15,000, the preparation of specifications, bid documents, RFPs, evaluation criteria, solicitation, evaluation of proposals, and award or denial of the contract or amendment, renewal or extension thereto (§1-c(p)).

Public official - Includes, among others, the governor, state comptroller, lieutenant governor, and attorney general; state legislators, their staff and employees of the legislature; employees and officers of state agencies (other than Board members who receive no compensation or per diem compensation); and municipal officers and employees (§ 1-c(1)).

Commission - The Commission on Public Integrity.


Related Procedures

There is no related procedures relevant to this requirement.


Forms

Forms that may be downloaded from the Lobbying Commission's website


Other Related Information

The following link to FindLaw's New York State Laws is provided for users' convenience; it is not the official site for the State of New York laws. 
Article 1-A of the Legislative Law


In case of questions, readers are advised to refer to the New York State Legislature site for the menu of 
New York State Consolidated.


Memorandum to presidents from vice chancellor for external affairs, dated February 10, 2000 announcing the enactment of new state Lobbying Act. Campuses were advised that hereafter each campus shall be responsible for its own compliance with the Lobbying Act.




Appendicies

There are no appendicies relevant to this requirement.