NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5786
SPONSOR: McDonald TITLE OF BILL:
An act to amend the legislative law, in relation to lobbying for the
confirmation of persons to state office
PURPOSE:
An act to amend the legislative law., in relation to disclosing activ-
ities related to the lobbying for or against the confirmation or nomi-
nation of persons to state office
SUMMARY OF PROVISIONS:
Section 1 amends Section 1-a of the legislative law, as added by chapter
2 of the laws of 1999, to include the intent of the legislature that it
is necessary that the identity, expenditures and activities of persons
and organizations retained, employed or designated to influence the
nomination or confirmation of any person to state office should be
publicly and regularly disclosed.
Section 2 amends Paragraphs (ix) and (x) of subdivision (c) of section
1-c of the legislative law, as added by chapter 1 of the laws of 2005,
to add a new paragraph (xi) to include any attempt to influence the
nomination or confirmation of any person for a position subject to
confirmation by the Senate in the terms "lobbying" and "lobbying activ-
ities."
Section 3 amends Paragraph 5 of subdivision (c) of section 1-e of the
legislative law, as amended by chapter 1 of the laws of 2005, to require
that statements of registration must include lObbying information
related to nominations or confirmations, the offices and nominees or
potential nominees.
Section 4 amends Paragraph 3 of subdivision (b) of section 1-h of the
legislative law, as amended by chapter 14 of the laws of 2007, to
require that bimonthly reports of certain lobbyists must include infor-
mation regarding nominations or confirmations, the offices and nominees
or potential nominees on which the lobbyist has lobbied.
Section 5 amends Paragraph 3 of subdivision (b) of section 1-j of the
legislative law, as amended by chapter 1 of the laws of 2005, to require
that semiannual reports of lobbyists must include information regarding
nominations or confirmations, the offices and nominees or potential
nominees on whidh the lobbyist has been retained and has lobbied.
Section 6 amends Paragraph 1 of subdivision (a) of section 1-k of the
legislative law, as amended by chapter 1 of the laws of 2005, to add
that no client shall retain or employ any lobbyist for compensation, the
rate or amount of which compensation in whole or in part is contingent
or dependent. on the nomination or confirmation, or defeat of a nomi-
nation or confirmation, of any person for a position subject to confir-
mation by the senate.
Section 7 sets the effective date.
JUSTIFICATION:
This legislation addresses the reporting loophole for lobbying in the
legislative law to include all nominations and confirmations for a posi-
tion subject to confirmation by the senate. Currently, state law is
entirely silent on the requirement of lobbyists to report who is paying
them and how much when lobbying on such nominations and confirmations.
This legislation requires regular and public disclosure of lobbying on
senate nominations and confirmations, just as it does for those seeking
to influence legislation or the state budget process. It is imperative
to the operation of a responsible democratic government that such infor-
mation be publicly and regularly disclosed.
LEGISLATIVE HISTORY:
New bill.
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after January 1, 2023.
STATE OF NEW YORK
________________________________________________________________________
5786
2023-2024 Regular Sessions
IN ASSEMBLY
March 23, 2023
___________
Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Governmental Operations
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
A. 5786 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
A. 5786 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.
