N.Y. Comp. Codes R. & Regs. tit. 19 § 153.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 153.1 - Definitions

For the purposes of this Part, the following terms shall have the following meanings:

(a) "Address" shall mean business address, except that in the case of an individual with no business address then address shall mean home address.

(b) "Client" shall mean a person or entity who in the preceding calendar year retained or hired the political consultant relating to matters before any state or local government agency, authority or official, including services, advice or consultation relating to any state or local government contract for real property, goods or services, an appearance in a ratemaking proceeding, an appearance in a regulatory matter, or an appearance in a legislative matter other than matters described in subparagraph (E) of the second undesignated paragraph of subdivision (c) of section one-c of the legislative law.

(c) "Department" shall mean the Department of State.

(d) "Government employee" shall mean any employee of the State, a county, city, town, village, or any other political subdivision or civil division of the State, or a county, city, town, village. "Government employee" shall also include any employee of a public authority, commission or public benefit corporation.

(e) "Political consultant" shall mean a person who holds himself or herself out to persons in this state as a person who performs political consulting services in a professional capacity and who is usually compensated, excluding reimbursement for expenses, for such services. "Political consultant" shall not include a government employee while acting in his/her official capacity, except when such employee also engages in outside political consulting services, in which case such outside activities would be subject to the reporting requirements of this Part.

(f) "Political consulting services" shall mean services provided by a political consultant to or on behalf of an elected public official in New York state or to or on behalf of a candidate for elected office in New York state, or to or on behalf of a person nominated for elected public office which services:

(1) assist or are intended to assist in a campaign for nomination for election or election to office in New York state, including fundraising activities, voter outreach, composition and distribution of promotional literature, advertisements, or other similar communications, as set forth in section 14-106 of the election law; or

(2) consist of political advice to an elected public official or candidate for elected public office in New York state or person nominated for elected public office; provided, however, that political consulting services shall not include bona fide legal work directly related to litigation or legal advice with regard to securing a place on the ballot, the petitioning process, the conduct of an election, or which involves the election law. "Political consulting services" shall not include activities that are solely ministerial in nature that do not include any substantive advice or counseling, such as canvassing.

(g) "Professional capacity" shall mean activities offered or undertaken for a fee or other valuable consideration.

(h) "Official capacity" shall mean activities conducted within a government employee's official duties or responsibilities.

(i) "Reporting period" shall mean the six month period within a calendar year starting January first and ending June thirtieth or the six month period within a calendar year starting July first and ending December thirty-first.

(j) "Telephone number" shall mean business telephone number, except that in the case of an individual with no business telephone number then telephone number shall mean home telephone number.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 153.1

Adopted New York State Register January 18, 2017/Volume XXXIX, Issue 03, eff. 1/18/2017