N.Y. Comp. Codes R. & Regs. tit. 19 § 943.3

Current through Register Vol. 46, No. 51, December 18, 2024

Section 943.3 - [Effective 1/1/2025] Definitions

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 or- ganization by which they are 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 their 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.

(1) If a Lobbyist or Client is an organization, the Responsible Party must have legal authority to bind the Lobbyist or Client.

(2) If a Lobbyist or Client is a person, the Responsible Party is such person.

(3) The Responsible Party does not include an individual whose sole responsibility or authority is to prepare such Statements or Reports for a Lobbyist or Client.

(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.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 943.3

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

Amended New York State Register July 17, 2024/Volume XLVI, Issue 29, eff. 12/1/2024

Amended New York State Register July 17, 2024/Volume XLVI, Issue 29, eff. 1/1/2025