BILL NUMBER: S374
SPONSOR: GIANARIS
 
TITLE OF BILL:
An act to amend the legislative law, in relation to lobbying for the
confirmation of persons to state office
 
PURPOSE:
To require the disclosure of lobbying activities for or against the
confirmation or nomination of persons to state office.
 
SUMMARY OF PROVISIONS:
Section one of the bill amends § 1-a of the legislative law, as added by
chapter 2 of the laws of 1999, to express the intent of the legislature:
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 two of the bill amends Paragraphs (ix) and (x) of subdivision
(c) of § 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 three of the bill amends Paragraph 5 of subdivision (c) of § 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 informa-
tion related to nominations or confirmations, the offices and nominees
or potential nominees.
Section four of the bill amends Paragraph 3 of subdivision (b) of § 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 five of the bill amends Paragraph 3 of subdivision (b) of § 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 which the lobbyist has been retained and has
lobbied.
Section six of the bill amends Paragraph 1 of subdivision (a) of § 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 contin-
gent or dependent on the nomination or confirmation, or defeat of a
nomination or confirmation, of any person for a position subject to
confirmation by the senate.
Section seven of the bill 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:
2024: S7883 (Gianaris) PASSED SENATE / A8618 (McDonald) reported, died
in rules
2023: S4152 (Gianaris) / A5786 (McDonald) VETO MEMO 102
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S374: 1-a legislative law, 1-e legislative law, 1-h legislative law, 1-j legislative law, 1-k legislative law