N.Y. Comp. Codes R. & Regs. tit. 19 § 943.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 943.4 - Statutory Exceptions

The following activities are not Lobbying Activities:

(a)Non-lobbying legal services.

(1) Services by persons engaged in drafting, advising clients on or rendering opinions on proposed legislation, rules, regulations or rates, municipal ordinances and resolutions, executive orders, Procurement Contracts, or tribal-state compacts, memoranda of understanding, or any other tribal-state agreements or other written materials related to Class III gaming as provided in 25 U.S.C. § 2701, when such professional services are not otherwise connected with State or municipal legislative or executive action on such legislation, rules, regulations or rates, municipal ordinances and resolutions, executive orders, Procurement Contracts, or tribal-state compacts, memoranda of understanding, or any other tribal-state agreements or other written materials related to Class III gaming as provided in 25 U.S.C. § 2701.

(i) For example, a lawyer who provides a Client with an analysis of a pending piece of legislation, but does not otherwise attempt to influence such legislation, has not performed reportable Lobbying Activity, per this exception. If the lawyer subsequently meets at the Client's request with a member of the legislature to advocate for or against such legislation, both the preliminary bill analysis and the subsequent advocacy meeting constitute reportable Lobbying.

(2) If an organization or firm provides both Lobbying and non-lobbying legal services to a Client, the Statement of Registration should only identify as Individual Lobbyists those persons who performed Lobbying services, however, all services related to the Lobbying Activity provided by the organization or firm are reportable expenses.

(b)News gathering and publication.

Newspapers and other periodicals and radio and television stations, and owners and employees thereof, provided that their activities in connection with proposed legislation, rules, regulations or rates, municipal ordinances and resolutions, executive orders, tribal- state compacts, memoranda of understanding or other tribal-state agreements related to Class III gaming as provided in 25 U.S.C. § 2701, or Procurement Contracts by a State Agency, Municipal Agency, Local Legislative Body (as defined in section 943.8), the State legislature, or the Unified Court System, are limited to the publication or broadcast of news items, editorials or other comments, or paid advertisements.

(c)Contacts with the media.

Communications with a professional journalist, or newscaster, including an editorial board or editorial writer of a newspaper, magazine, news agency, press association or wire service, relating to news, as these terms are defined in section seventy nine h of the civil rights law, and communications relating to confidential and non-confidential news as described in subdivisions (b) and (c) of section seventy nine h of the civil rights law respectively and communications made pursuant to community outreach efforts for broadcast stations required by federal law.

(d)Participation at certain public proceedings.

Persons who participate as witnesses, attorneys or other representatives in public proceedings of a State or Municipal Agency (as defined in Section 943.8 of this Title) with respect to all participation by such persons which is part of the public record thereof and all preparation by such persons for such participation.

(e)Adjudicatory Proceedings.

Persons who attempt to influence a Public Official in an adjudicatory proceeding, as defined by section one hundred two of the state administrative procedure act.

(f)Response to requests for information/comments.

(1) Persons who prepare or submit a response to a specific request for information or comments by the State legislature, the governor, or a State Agency or a committee or officer of the legislature or a State Agency, or by the Unified Court System, or by a legislative or executive body or officer of a Municipality or a commission, committee or officer of a municipal legislative or executive body.

(2) This exception applies only if the person did not urge the requesting party to make the request.

(3) This exception applies to and includes, but is not limited to, participation in legislative hearings.

(g)Local lobbying by IRC Section 6033(a) religious organizations.

Any attempt by a church, its integrated auxiliary, or a convention or association of churches that is exempt from filing a federal income tax return under paragraph 2(A)(i) of section 6033(a) of Title 26 of the United States Code or a religious order that is exempt from filing a federal income tax return under paragraph (2)(A)(iii) of such section 6033(a) to influence passage or defeat of a local law, ordinance, resolution or regulation or any rule or regulation having the force and effect of a local law, ordinance or regulation.

(h)Licenses and Permitting.

(1) Applications for licenses, certificates, and permits authorized by statutes or local laws or ordinances.

(2) This exception includes applications for special permits, variances, and revocable consents.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 943.4

Adopted New York State Register May 9, 2018/Volume XL, Issue 19, eff. 1/1/2019

Amended New York State Register February 10, 2021/Volume XLIII, Issue 06, eff. 2/10/2021