§ 4 — New York temporary state commission on lobbying

New York § 4

• Jurisdiction: New York
• Law RLA: Regulation of Lobbying Act 1040/81

Text

* § 4. New York temporary state commission on lobbying. (a) There\nshall be established a commission to be known as the New York temporary\nstate commission on lobbying which shall consist of six members. The\nmembers of the commission shall be appointed by the governor, provided,\nhowever, that one member shall be appointed on nomination of the\ntemporary president of the senate, one member shall be appointed on\nnomination of the speaker of the assembly, one member shall be appointed\non nomination of the minority leader of the senate, and one member shall\nbe appointed on nomination of the minority leader of the assembly. Of\nthe two members appointed by the governor without prior nomination by a\nlegislative leader, one shall be a member of the same political party as\nthe temporary president of the senate and one shall be a member of the\nsame political party as the minority leader of the senate. The term of\noffice of the members shall be for two years commencing with the first\nday of January, nineteen hundred eighty-two. No member of the commission\nshall hold any other state or local public office for which he receives\ncompensation; nor shall any member be employed by the state or any local\npolitical subdivision. No person subject to the jurisdiction of the\ncommission and the provisions of this act may serve on the commission.\nThe chairman and the vice chairman of the commission shall be elected by\na majority of the members of the commission to serve a one year term.\nThe chairman shall be a member of a different political party than the\nchairman of the commission during the preceding term. The chairman and\nvice chairman shall each be a member of a different major political\nparty as such term is defined in the election law. Vacancies in the\nmembership of the commission occurring for any cause shall be filled for\nthe balance of the unexpired term in the same manner as the original\nappointment of the member whose office becomes vacant. Any matter upon\nwhich the commission must act by a vote of the membership must be by an\naffirmative vote of a majority of the members of the commission. No such\nvote may be taken until all members of the original commission are\nappointed; thereafter, each member shall continue to serve until a\nsuccessor is appointed in the manner provided herein. Each of the\nmembers of the commission shall receive, as compensation for his\nservices hereunder, a per diem allowance in the sum of one hundred\ndollars for each day actually spent in the performance of his duties\nhereunder, not exceeding, however, the sum of five thousand dollars in\nany calendar year, and, in addition thereto, shall be reimbursed for all\nexpenses actually and necessarily incurred by him in the performance of\nhis duties under this act.\n (b) The chief administrative officer of the commission shall be the\nexecutive director, who shall be appointed jointly by the chairman and\nvice chairman of the commission and shall serve a two year term, except\nthat he may be removed from such position by joint action of the\nchairman and the vice chairman.\n (c) In addition to any other powers and duties specified by law, the\ncommission shall have the power and duty to:\n (1) administer and enforce all the provisions of this act;\n (2) conduct any investigation necessary to carry out the provisions of\nthis act. Pursuant to this power and duty, the commission may administer\noaths or affirmations, subpoena witnesses, compel their attendance and\nrequire the production of any books or records which it may deem\nrelevant or material;\n (3) conduct private and public hearings pursuant to article seven of\nthe public officers law;\n (4) prepare uniform forms for the statements and reports required by\nthis act;\n (5) meet at least once during each reporting period as established by\nsubdivision (a) of section eight of this act and may meet at such other\ntimes as the commission, or the chairman and vice chairman jointly,\nshall determine;\n (6) issue advisory opinions to those under its jurisdiction; and\n (7) submit by the first day of March next following the year for which\nsuch report is made to the governor and the members of the legislature\nan annual report summarizing the commission's work, listing the\nlobbyists and clients required to register pursuant to this act and the\nexpenses and compensation reported pursuant to this act and making\nrecommendations with respect to this act. The commission shall make this\nreport available free of charge to the public.\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