N.Y. Comp. Codes R. & Regs. tit. 19 § 943.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 943.6 - [Effective until 1/1/2025] Direct Lobbying

(a) Principles.

(1) While Grassroots Lobbying attempts to influence a Public Official indirectly, or through another, Direct Lobbying attempts to influence a Public Official through Direct Contact.

(2) Direct Lobbying generally requires the identification of an Individual Lobbyist(s) on the filings of an organization or person.

(b) Definitions. All definitions in section 943.3 are in effect unless otherwise noted below.

(1)Direct Contact

(i) Means any communication or interaction directed to a Public Official, including, but not limited to:

(a) Verbal communications;

(b) Written communications;

(c) Electronic communications, including electronic mail, Social Media communications, and Internet communications;

(d) Attendance at a meeting with a Public Official; or

(e) Presence on a phone call with a Public Official, when the Official is aware of such presence;

(ii) Direct Contact with a Public Official also includes direct contact with the members of the Public Official's staff.

(iii) Direct Contact does not include any communication that is directed to a group of which a Public Official is incidentally a member, or is intended for the public. For example, the following generally will not constitute Direct Contact:

(a) An opinion piece published in a newspaper;

(b) A statement made to a reporter that is published or broadcast by a media outlet;

(c) A blog post;

(d) Attendance at a speech or public meeting; or

(e) A speech to a group or at a public meeting.

(iv) Mere attendance by a person at a lobby day does not constitute Direct Contact unless they speak to a Public Official or their staff on behalf of an organization or employer.

(2)Preliminary contact includes any of the following, when the Lobbyist knows or has reason to know that the Client will Attempt to Influence a Public Official on a matter covered by the Lobbying Act:

(i) Scheduling a meeting or telephone call with a Public Official and a Client;

(ii) Introducing a Client to a Public Official; or

(iii) Any other contact with a Public Official on behalf of a Client.

Note: A person who schedules a meeting or places a call in a purely administrative capacity is not required to be identified as an Individual Lobbyist; such activity is attributable to the person who directed that the call be made or that the meeting be set up.

(c) Direct Lobbying.

(1) A person is engaged in Direct Lobbying and must be listed as an Individual Lobbyist on a lobbying filing when the person:

(i) Has Direct Contact with a Public Official to Attempt to Influence an action enumerated in section 1-c(c)(i)-(x) of the Lobbying Act; or

(ii) Has Direct or Preliminary Contact with a Public Official to enable or facilitate an Attempt to Influence.

(2) A person is not engaged in Direct Lobbying when the person:

(i) Attends a meeting with a Public Official simply to provide technical information or address technical questions;

(ii) Attends a meeting to provide clerical or administrative assistance (including audio/visual, translation or interpretation, and sign language); or

(iii) Attends a meeting to observe for educational purposes; and

(iv) Plays no role in the strategy, planning, messaging or other substantive aspect of the overall lobbying effort.

(3) Direct Lobbying can include Direct Contact with a Public Official who supports the position being advocated by the Lobbyist or his Client.

(4) Direct Lobbying of a Public Official can occur in a variety of settings, including but not limited to, face-to-face interaction, direct written communication, social media posts (subject to the limitations set forth in subsection (d) of this section), and at a lobby day coordinated by an organization or person lobbying on their own behalf.

(5) Any Individual Lobbyist who engages in Direct Lobbying must be listed on lobbying filings. This would not include volunteers or mere members of a Lobbying Organization.

(6) Examples of Reportable Expenses of Lobbying Organizations or Individuals Lobbying on their Own Behalf:

(i) A Lobbying Organization or individual must disclose reportable Expenses, as defined in subdivision (e) of section 943.9, related to Direct Lobbying, which may include, as applicable, but are not limited to:

(a) time spent by employees engaging in Lobbying Activities (even if such employees are not required to be identified as Individual Lobbyists) if such employees are compensated for their time;

(b) staff time allocated to planning Lobbying Activities;

(c) expenses related to placards, signs, t-shirts or other advocacy paraphernalia;

(d) expenses related to Social Media activities, as set forth in subdivision (d) of this section; and

(e) expenses related to transportation of volunteers and other individuals not identified as Lobbyists, including, for example, transportation of volunteers to a lobby day.

(d) Direct Lobbying through Social Media

(1) A Social Media communication that Attempts to Influence an action enumerated in section 1-c(c)(i)-(x) of the Lobbying Act constitutes Direct Contact for purposes of Direct Lobbying if such communication:

(i) Is directly sent to a Social Media account known to be owned or controlled by a Public Official; or

(ii) Creates a direct electronic link to any Social Media account known to be owned or controlled by a Public Official.

(2) Direct Contact with a Public Official through a Social Media communication also includes contact that is targeted and directed to members of the Public Official's staff through a Social Media communication and done with the knowledge that such persons are members of the Public Official's staff.

(3) When Direct Contact with a Public Official through a Social Media communication is undertaken by an organization, through the organization's Social Media account(s), such activity is reportable Lobbying Activity by the organization.

(i) An Individual Lobbyist, however, need not be listed based on this activity alone.

(4) When Direct Contact with a Public Official through a Social Media communication is undertaken by an individual, through their personal social media account(s), this activity is not reportable Lobbying Activity unless such individual is specifically retained by a Client for such Social Media activity.

(i) In this case, the individual should register as a Lobbyist on behalf of the paying Client, listing themselves as an Individual Lobbyist;

(ii) Any expenses incurred to create, promote, place or otherwise highlight an individual's personal Social Media activity that are reportable pursuant to paragraph (4) above, are reportable by the party incurring the expenses.

(5) Reportable Expenses related to Direct Lobbying via Social Media.

(i) Reportable expenses attributable to a Principal Lobbyist's Social Media activities that constitute Direct Lobbying may include, but are not limited to: consulting services, staff time allocated to planning and posting, search engine optimization and sponsoring, and advertising.

(ii) A reasonable methodology used by a Principal Lobbyist in good faith to calculate lobbying expenses related to Direct Lobbying via Social Media is acceptable.

(6) Examples

(i) Any of the following could be Direct Lobbying through Social Media:

(a) A direct message sent to a Public Official through Social Media (e.g., through Facebook Messenger, Twitter Direct Message);

(b) A post on a Public Official's Social Media page;

(c) A post on a person's own Social Media page that tags a Public Official if such person has specifically been hired by a Client for their personal Social Media activity; or

(d) A tweet tagging a Public Official, using the organization's twitter handle.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 943.6

Adopted New York State Register May 9, 2018/Volume XL, Issue 19, eff. 1/1/2019

Amended New York State Register February 10, 2021/Volume XLIII, Issue 06, eff. 2/10/2021