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S04152 Summary:

S04152 Actions:

S04152 Committee Votes:

S04152 Floor Votes:

S04152 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4152
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    February 3, 2023
                                       ___________
 
        Introduced  by  Sens.  GIANARIS, HOYLMAN-SIGAL -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Ethics
          and Internal Governance
 
        AN  ACT  to  amend  the legislative law, in relation to lobbying for the
          confirmation of persons to state office

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section 1-a of the legislative law, as added by chapter 2
     2  of the laws of 1999, is amended to read as follows:
     3    § 1-a. Legislative declaration. The legislature hereby  declares  that
     4  the  operation  of  responsible  democratic government requires that the
     5  fullest opportunity be afforded to the people to petition their  govern-
     6  ment  for the redress of grievances and to express freely to appropriate
     7  officials their opinions on legislation and governmental operations; and
     8  that, to preserve and maintain the integrity of the  governmental  deci-
     9  sion-making  process  in  this state, it is necessary that the identity,
    10  expenditures and  activities  of  persons  and  organizations  retained,
    11  employed  or designated to influence the passage or defeat of any legis-
    12  lation by either house of the legislature [or], the approval,  or  veto,
    13  of any legislation by the governor [and], the nomination or confirmation
    14  of  any  person to a state office, attempts to influence the adoption or
    15  rejection of any rule or regulation having the force and effect  of  law
    16  or  the outcome of any rate making proceeding by a state agency, and the
    17  attempts to influence the passage or defeat of any local law, ordinance,
    18  or regulation be publicly and regularly disclosed.
    19    § 2. Paragraphs (ix) and (x) of subdivision (c) of section 1-c of  the
    20  legislative  law, as added by chapter 1 of the laws of 2005, are amended
    21  and a new paragraph (xi) is added to read as follows:
    22    (ix) the adoption or rejection of any rule, regulation, or  resolution
    23  having  the  force  and effect of a local law, ordinance, resolution, or
    24  regulation; [or]
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08657-02-3
        S. 4152                             2
 
     1    (x) the outcome of any rate making proceeding by any  municipality  or
     2  subdivision thereof[.]; or
     3    (xi)  the  nomination  or  confirmation  of  any person for a position
     4  subject to confirmation by the senate.
     5    § 3. Paragraph 5 of subdivision (c) of section 1-e of the  legislative
     6  law,  as amended by chapter 1 of the laws of 2005, is amended to read as
     7  follows:
     8    (5) the following information on which the lobbyist expects to  lobby:
     9  (i)  a description of the general subject or subjects, (ii) the legisla-
    10  tive bill numbers of any bills, (iii) the numbers or subject matter  (if
    11  there  are  no  numbers)  of gubernatorial executive orders or executive
    12  orders issued by the chief executive officer of a municipality, (iv) the
    13  subject matter of and tribes involved in tribal-state compacts, memoran-
    14  da of understanding, or any other state-tribal agreements and any  state
    15  actions related to class III gaming as provided in 25 U.S.C. § 2701, (v)
    16  the  rule, regulation, and ratemaking numbers of any rules, regulations,
    17  rates, or municipal ordinances and resolutions, or proposed rules, regu-
    18  lations, or rates, or municipal ordinances and resolutions,  [and]  (vi)
    19  the  titles and any identifying numbers of any procurement contracts and
    20  other documents disseminated by a state  agency,  either  house  of  the
    21  state  legislature,  the unified court system, municipal agency or local
    22  legislative body in connection  with  a  governmental  procurement,  and
    23  (vii)  for  nominations  or  confirmations,  the offices and nominees or
    24  potential nominees;
    25    § 4. Paragraph 3 of subdivision (b) of section 1-h of the  legislative
    26  law, as amended by chapter 14 of the laws of 2007, is amended to read as
    27  follows:
    28    (3) the following information on which the lobbyist has lobbied: (i) a
    29  description  of  the  general  subject or subjects, (ii) the legislative
    30  bill numbers of any bills, (iii) the numbers or subject matter (if there
    31  are no numbers) of gubernatorial executive orders  or  executive  orders
    32  issued  by  the  chief  executive  officer  of  a municipality, (iv) the
    33  subject matter of and tribes involved in tribal-state compacts, memoran-
    34  da of understanding, or any other state-tribal agreements and any  state
    35  actions related to class III gaming as provided in 25 U.S.C. § 2701, (v)
    36  the  rule,  regulation,  and ratemaking or municipal ordinance or resol-
    37  ution numbers of any  rules,  regulations,  or  rates  or  ordinance  or
    38  proposed  rules, regulations, or rates or municipal ordinances or resol-
    39  utions, [and] (vi)  the  titles  and  any  identifying  numbers  of  any
    40  procurement  contracts and other documents disseminated by a state agen-
    41  cy, either house of the state legislature,  the  unified  court  system,
    42  municipal  agency or local legislative body in connection with a govern-
    43  mental procurement, and (vii)  for  nominations  or  confirmations,  the
    44  offices and nominees or potential nominees;
    45    §  5. Paragraph 3 of subdivision (b) of section 1-j of the legislative
    46  law, as amended by chapter 1 of the laws of 2005, is amended to read  as
    47  follows:
    48    (3)  the  following  information  on  which  each  lobbyist  retained,
    49  employed or designated by such client has lobbied,  and  on  which  such
    50  client  has  lobbied:  (i)  a  description  of  the  general  subject or
    51  subjects, (ii) the legislative bill numbers  of  any  bills,  (iii)  the
    52  numbers  or  subject  matter  (if there are no numbers) of gubernatorial
    53  executive orders or executive orders issued by the chief executive offi-
    54  cer of a municipality, (iv) the subject matter of and tribes involved in
    55  tribal-state compacts, memoranda of understanding, or any  other  state-
    56  tribal  agreements  and any state actions related to class III gaming as
        S. 4152                             3
 
     1  provided in 25 U.S.C. 2701, (v) the rule, regulation, and ratemaking  or
     2  municipal  resolution or ordinance numbers of any rules, regulations, or
     3  rates, or municipal resolutions or ordinances or proposed  rules,  regu-
     4  lations,  or  rates,  or municipal ordinances or resolutions [and], (vi)
     5  the titles and any identifying numbers of any procurement contracts  and
     6  other  documents  disseminated  by  a  state agency, either house of the
     7  state legislature, the unified court system, municipal agency  or  local
     8  legislative  body  in  connection  with  a governmental procurement, and
     9  (vii) for nominations or confirmations,  the  offices  and  nominees  or
    10  potential nominees;
    11    §  6. Paragraph 1 of subdivision (a) of section 1-k of the legislative
    12  law, as amended by chapter 1 of the laws of 2005, is amended to read  as
    13  follows:
    14    (1)  (A) the passage or defeat of any legislative bill or the approval
    15  or veto of any legislation by the governor,  (B)  the  terms,  issuance,
    16  modification  or  rescission of a gubernatorial executive order, (C) the
    17  terms, approval or disapproval, or the implementation and administration
    18  of tribal-state compacts,  memoranda  of  understanding,  or  any  other
    19  tribal-state  agreements  and  any  state  actions  related to class III
    20  gaming as provided in 25 U.S.C. 2701, [or] (D) the adoption or rejection
    21  of any code, rule or regulation having the force and effect  of  law  or
    22  the  outcome of any rate making proceeding by a state agency, or (E) the
    23  nomination or confirmation, or defeat of a nomination  or  confirmation,
    24  of any person for a position subject to confirmation by the senate;
    25    §  7.  This  act  shall take effect immediately and shall be deemed to
    26  have been in full force and effect on and after January 1, 2023.