N.Y. Comp. Codes R. & Regs. tit. 19 § 934.2

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

Section 934.2 - Definitions

(a)Bona fide charitable event shall mean a function the primary purpose of which is to provide financial support to a charitable organization.

(b)Bona fide political event shall mean a function the primary purpose of which is to provide financial support to political organization(s) or political candidate(s).

(c)Charitable organization shall mean:

(1) an entity as defined in Executive Law section 171-a(1) that is registered with the Office of the Attorney General, as required by Executive Law section 172, unless otherwise exempted from filing pursuant to Executive Law section 172-a; or

(2) an entity organized and operated exclusively for charitable purposes and qualified as an exempt organization by the United States Department of Treasury under section 501(c)(3) of the Internal Revenue Code; or

(3) a person who requests contributions for the relief of any individual, specified by name at the time of the solicitation, if all of the contributions collected, without any deductions whatsoever, are paid to or for the benefit of the named beneficiary, provided the individual has submitted a form entitled "charitable solicitation for the relief of an individual" with the Charities Bureau of the Office of Attorney General prior to the event.

(d)Client shall mean every person or organization as defined in section 1-c(b) of article 1-A of the Legislative Law.

(e)Commission shall mean the New York State Joint Commission on Public Ethics.

(f)Complimentary attendance shall mean the waiver of all or part of a registration or admission fee, or waiver of all or part of a fee or charge for the provision of food, beverages, entertainment, instruction, or materials. Complimentary attendance shall include the awarding of continuing education credits or certification for attendance at a program provided such credits or certification are offered to all attendees. Complimentary attendance shall not include travel, lodging, or items of more than nominal value.

(g)Educational program shall mean formal instruction provided to attendees. Factors to be considered in assessing whether a program is educational include, but are not limited to: the curriculum; whether the entity providing the program, or the instructors, are accredited, certified, or otherwise qualified to provide the program; who the program is presented to; and where and how the program is presented.

(h)Family member of any public official shall have the same meaning as the term relative set forth in Public Officers Law section 73(1)(m).

(i)Gift shall mean anything of more than nominal value in any form including, but not limited to: money; service; loan; travel; lodging; meals; refreshments; entertainment; discount; or a forbearance of an obligation or a promise that has a monetary value. Notwithstanding the preceding sentence, the exclusions contained in section 934.4 of this Part are not gifts and do not need to be analyzed under section 934.3 of this Part.

(j)Informational event shall mean an event or meeting the primary purpose of which is to provide information about a subject or subjects related to a public official's official responsibilities.

(k)Lobbyist shall mean every person or organization as defined in section 1-c(a) of article 1-A of the Legislative Law.

(l)Ministerial matter shall mean an administrative act carried out in a prescribed manner not allowing for substantial personal discretion.

(m)Nominal value is not defined in the Public Officers Law or Legislative Law article 1-A. The commission, however, generally deems an item or service with a fair market value of $15 or less as having a nominal value.

(n)Political candidate shall mean any individual meeting any of the requirements in Public Officers Law section 73-a(2)(a)(iii)-(viii), including the current office holder.

(o)Political organization shall mean any entity that is affiliated with or a subsidiary of a political party including, without limitation, a partisan political club or committee, or a campaign or fund-raising committee for a political party or political candidate.

(p)Professional program shall mean a program that provides information, such as trends in an industry or discipline, which would benefit the administration or operation of the State or the public official's applicable governmental entity, and would enable a public official to perform his or her duties more effectively. It shall not include a program, the primary purpose of which is the promotion or marketing of products or services for purchase or lease by the State or the public official's applicable governmental entity.

(q)Public official(s) shall mean:

(1) statewide elected officials (the governor, lieutenant governor, comptroller, or attorney general of the State of New York) and their officers and employees;

(2) members, officers, and employees of the New York State Legislature;

(3) heads of State departments and their deputies and assistants other than members of the Board of Regents of the University of the State of New York who receive no compensation or are compensated on a per diem basis;

(4) officers and employees of State departments, boards, bureaus, divisions, commissions, councils, or other State agencies;

(5) members, directors, and employees of public authorities (other than multi-state authorities), public benefit corporations, and commissions at least one of whose members is appointed by the governor; and

(6) municipal officers and employees (including officers or employees of a municipality as defined section 1-c(k) of article 1-A of the Legislative Law), whether paid or unpaid. Municipal officers and employees also includes members of any administrative board, commission, or other agency thereof, and in the case of a county, shall include any officer or employee paid from county funds. No person shall be deemed to be a municipal officer or employee solely by reason of being a volunteer fireman or civil defense volunteer, except a fire chief or assistant fire chief.

(r)Widely attended event shall mean an event as defined in section 934.4(a)(4)(i) of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 934.2

Adopted, New York State Register, Volume XXXVI, Issue 24, effective 6/18/2014