§ 3 — Definitions

* § 3. Definitions. As used in this act unless the context otherwise\nrequires:\n (a) The term "lobbyist" shall mean every person or organization\nretained, employed or designated by any client to engage in lobbying.\nThe term "lobbyist" shall not include any officer, director, trustee,\nemployee, counsel or agent of the state of New York when discharging\ntheir official duties; except those officers, directors, trustees,\nemployees, counsels, or agents of colleges, as defined by section two of\nthe education law.\n (b) The term "client" shall mean every person or organization who\nretains, employs or designates any person or organization to carry on\nlobbying activities on behalf of such client.\n (c) The term "lobbying" or "lobbying activities" shall mean any\nattempt to influence the passage or defeat of any legislation by either\nhouse of the legislature or the approval or disapproval of any\nlegislation by the governor, or the adoption or rejection of any rule or\nregulation having the force and effect of law or the outcome of any rate\nmaking proceeding by a state agency. The term "lobbying" shall not\ninclude:\n (1) Persons engaged in drafting legislation, rules, regulations or\nrates, advising clients and rendering opinions on proposed legislation,\nrules, regulations or rates, where such professional services are not\notherwise connected with legislative or executive action on such\nlegislation, or administrative action on such rules, regulations or\nrates;\n (2) Newspapers and other periodicals and radio and television\nstations, and owners and employees thereof, provided that their\nactivities in connection with proposed legislation, rules, regulations\nor rates are limited to the publication or broadcast of news items,\neditorials or other comment, or paid advertisements;\n (3) Persons who participate as witnesses, attorneys or other\nrepresentatives in public rule making or rate making proceedings of a\nstate agency, with respect to all participation by such persons which is\npart of the public record thereof and all preparation by such persons\nfor such participation;\n (4) Persons who attempt to influence a state agency in an adjudicatory\nproceeding, as defined by section one hundred two of the state\nadministrative procedure act; and\n (5) Persons who prepare or submit a response to a request for\ninformation or comments by the legislature, the governor, or a state\nagency or a committee or officer of the legislature or a state agency.\n (d) The term "organization" shall mean any corporation, company,\nfoundation, association, college as defined by section two of the\neducation law, labor organization, firm, partnership, society, joint\nstock company, state agency or public corporation.\n (e) The term "state agency" shall mean any department, board, bureau,\ncommission, division, office, council, committee or officer of the\nstate, whether permanent or temporary, or a public benefit corporation\nor public authority at least one of whose members is appointed by the\ngovernor, authorized by law to make rules or to make final decisions in\nadjudicatory proceedings but shall not include the judicial branch or\nagencies created by interstate compact or international agreement.\n (f) The term "commission" shall mean the New York temporary state\ncommission on lobbying created by section four of this act.\n (g) The term "expense" or "expenses" shall mean any expenditures\nincurred by or reimbursed to the lobbyist for lobbying but shall not\ninclude contributions reportable pursuant to article fourteen of the\nelection law.\n (h) The term "compensation" shall mean any salary, fee, gift, payment,\nbenefit, loan, advance or any other thing of value paid, owed, given or\npromised to the lobbyist by the client for lobbying but shall not\ninclude contributions reportable pursuant to article fourteen of the\nelection law.\n (i) The term "public corporation" shall mean a municipal corporation,\na district corporation, or a public benefit corporation as defined in\nsection sixty-six of the general construction law.\n * NB Chapter 2 of the laws of 1999 repealed, effective January 1,\n2000, the lobbying act as enacted by section 1 of chapter 1040 of the\nlaws of 1981. A new lobbying act was enacted as Article 1-A of the\nlegislative law.\n Section 5 of such chapter 2 transfers all of the functions and powers\nof the New York temporary state commission on lobbying created by such\nchapter 1040 to the New York temporary state commission on lobbying\ncreated by Article 1-A of the legislative law with respect to receiving\nthe periodic and annual reports required to be filed pursuant to\nsections 8, 9 and 10 of the repealed chapter 1040. Also, pursuant to\nsection 7 of such chapter 2, any action or proceeding commenced prior to\nJanuary 1, 2000 under the old lobbying act shall be continued,\nprosecuted and defended pursuant to the old lobbying act as in effect on\nDecember 31, 1999.\n Because of these provisions, the Commission will continue to set out\nthe full text of the repealed lobbying act through December 31, 2000 in\norder that lobbyists who were subject to the former lobbying act may be\nadequately apprised of the responsibilities and obligations imposed upon\nthem as continued by sections 5 and 7 of chapter 2 of the laws of 1999.\n