NY State Senate Bill 2025-S374

Current Bill Status - In Senate Committee Ethics And Internal Governance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2025	referred to ethics and internal governance

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2025-S374 (ACTIVE) - Details

Current Committee:: Senate Ethics And Internal Governance
Law Section:: Legislative Law
Laws Affected:: Amd §§1-a, 1-c, 1-e, 1-h, 1-j & 1-k, Leg L

2025-S374 (ACTIVE) - Summary

Requires registration and the disclosure of information relating to lobbying for the nomination or confirmation of persons to state office.

2025-S374 (ACTIVE) - Sponsor Memo

                                 
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.

2025-S374 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    374
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by Sens. GIANARIS, HOYLMAN-SIGAL, BRISPORT, FERNANDEZ, GONZA-
   LEZ,  GOUNARDES,  JACKSON  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Ethics and Internal Gover-
   nance
 
 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:
 
   Section 1. Section 1-a of the legislative law, as added by  chapter  2
 of the laws of 1999, is amended to read as follows:
   §  1-a.  Legislative declaration. The legislature hereby declares that
 the operation of responsible democratic  government  requires  that  the
 fullest  opportunity be afforded to the people to petition their govern-
 ment for the redress of grievances and to express freely to  appropriate
 officials their opinions on legislation and governmental operations; and
 that,  to  preserve and maintain the integrity of the governmental deci-
 sion-making process in this state, it is necessary  that  the  identity,
 expenditures  and  activities  of  persons  and  organizations retained,
 employed or designated to influence the passage or defeat of any  legis-
 lation  by  either house of the legislature [or], the approval, or veto,
 of any legislation by the governor [and], THE NOMINATION OR CONFIRMATION
 OF ANY PERSON TO A STATE OFFICE, attempts to influence the  adoption  or
 rejection  of  any rule or regulation having the force and effect of law
 or the outcome of any rate making proceeding by a state agency, and  the
 attempts to influence the passage or defeat of any local law, ordinance,
 or regulation be publicly and regularly disclosed.
   §  2. 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, are  amended
 and a new paragraph (xi) is added to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00733-01-5

 S. 374                              2
 
   (ix)  the adoption or rejection of any rule, regulation, or resolution
 having the force and effect of a local law,  ordinance,  resolution,  or
 regulation; [or]
   (x)  the  outcome of any rate making proceeding by any municipality or
 subdivision thereof[.]; OR
   (XI) THE NOMINATION OR CONFIRMATION  OF  ANY  PERSON  FOR  A  POSITION
 SUBJECT TO CONFIRMATION BY THE SENATE.
   §  3. Paragraph 5 of subdivision (c) of section 1-e of the legislative
 law, as amended by chapter 1 of the laws of 2005, is amended to read  as
 follows:
   (5)  the following information on which the lobbyist expects to lobby:
 (i) a description of the general subject or subjects, (ii) the  legisla-
 tive  bill numbers of any bills, (iii) the numbers or subject matter (if
 there are no numbers) of gubernatorial  executive  orders  or  executive
 orders issued by the chief executive officer of a municipality, (iv) the
 subject matter of and tribes involved in tribal-state compacts, memoran-
 da  of understanding, or any other state-tribal agreements and any state
 actions related to class III gaming as provided in 25 U.S.C. § 2701, (v)
 the rule, regulation, and ratemaking numbers of any rules,  regulations,
 rates, or municipal ordinances and resolutions, or proposed rules, regu-
 lations,  or  rates, or municipal ordinances and resolutions, [and] (vi)
 the titles and any identifying numbers of any procurement contracts  and
 other  documents  disseminated  by  a  state agency, either house of the
 state legislature, the unified court system, municipal agency  or  local
 legislative  body  in  connection  with  a governmental procurement, AND
 (VII) FOR NOMINATIONS OR CONFIRMATIONS,  THE  OFFICES  AND  NOMINEES  OR
 POTENTIAL NOMINEES;
   §  4. Paragraph 3 of subdivision (b) of section 1-h of the legislative
 law, as amended by chapter 14 of the laws of 2007, is amended to read as
 follows:
   (3) the following information on which the lobbyist has lobbied: (i) a
 description of the general subject or  subjects,  (ii)  the  legislative
 bill numbers of any bills, (iii) the numbers or subject matter (if there
 are  no  numbers)  of gubernatorial executive orders or executive orders
 issued by the chief  executive  officer  of  a  municipality,  (iv)  the
 subject matter of and tribes involved in tribal-state compacts, memoran-
 da  of understanding, or any other state-tribal agreements and any state
 actions related to class III gaming as provided in 25 U.S.C. § 2701, (v)
 the rule, regulation, and ratemaking or municipal  ordinance  or  resol-
 ution  numbers  of  any  rules,  regulations,  or  rates or ordinance or
 proposed rules, regulations, or rates or municipal ordinances or  resol-
 utions,  [and]  (vi)  the  titles  and  any  identifying  numbers of any
 procurement contracts and other documents disseminated by a state  agen-
 cy,  either  house  of  the state legislature, the unified court system,
 municipal agency or local legislative body in connection with a  govern-
 mental  procurement,  AND  (VII)  FOR  NOMINATIONS OR CONFIRMATIONS, THE
 OFFICES AND NOMINEES OR POTENTIAL NOMINEES;
   § 5. Paragraph 3 of subdivision (b) of section 1-j of the  legislative
 law,  as amended by chapter 1 of the laws of 2005, is amended to read as
 follows:
   (3)  the  following  information  on  which  each  lobbyist  retained,
 employed  or  designated  by  such client has lobbied, and on which such
 client has  lobbied:  (i)  a  description  of  the  general  subject  or
 subjects,  (ii)  the  legislative  bill  numbers of any bills, (iii) the
 numbers or subject matter (if there are  no  numbers)  of  gubernatorial
 executive orders or executive orders issued by the chief executive offi-
 S. 374                              3
 
 cer of a municipality, (iv) the subject matter of and tribes involved in
 tribal-state  compacts,  memoranda of understanding, or any other state-
 tribal agreements and any state actions related to class III  gaming  as
 provided  in 25 U.S.C. 2701, (v) the rule, regulation, and ratemaking or
 municipal resolution or ordinance numbers of any rules, regulations,  or
 rates,  or  municipal resolutions or ordinances or proposed rules, regu-
 lations, or rates, or municipal ordinances or  resolutions  [and],  (vi)
 the  titles and any identifying numbers of any procurement contracts and
 other documents disseminated by a state  agency,  either  house  of  the
 state  legislature,  the unified court system, municipal agency or local
 legislative body in connection  with  a  governmental  procurement,  AND
 (VII)  FOR  NOMINATIONS  OR  CONFIRMATIONS,  THE OFFICES AND NOMINEES OR
 POTENTIAL NOMINEES;
   § 6. Paragraph 1 of subdivision (a) of section 1-k of the  legislative
 law,  as amended by chapter 1 of the laws of 2005, is amended to read as
 follows:
   (1) (A) the passage or defeat of any legislative bill or the  approval
 or  veto  of  any  legislation by the governor, (B) the terms, issuance,
 modification or rescission of a gubernatorial executive order,  (C)  the
 terms, approval or disapproval, or the implementation and administration
 of  tribal-state  compacts,  memoranda  of  understanding,  or any other
 tribal-state agreements and any  state  actions  related  to  class  III
 gaming as provided in 25 U.S.C. 2701, [or] (D) the adoption or rejection
 of  any  code,  rule or regulation having the force and effect of law or
 the outcome of any rate making proceeding by a state agency, OR (E)  THE
 NOMINATION  OR  CONFIRMATION, OR DEFEAT OF A NOMINATION OR CONFIRMATION,
 OF ANY PERSON FOR A POSITION SUBJECT TO CONFIRMATION BY THE SENATE;
   § 7. This act shall take effect immediately.

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Senate Bill S374

Sponsored By

Current Bill Status - In Senate Committee Ethics And Internal Governance Committee

co-Sponsors

2025-S374 (ACTIVE) - Details

2025-S374 (ACTIVE) - Summary

2025-S374 (ACTIVE) - Sponsor Memo

2025-S374 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S374

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Sponsored By

Michael Gianaris

Current Bill Status - In Senate Committee Ethics And Internal Governance Committee

co-Sponsors

Brad Hoylman-Sigal

Jabari Brisport

Nathalia Fernandez

Kristen Gonzalez

2025-S374 (ACTIVE) - Details

2025-S374 (ACTIVE) - Summary

2025-S374 (ACTIVE) - Sponsor Memo

2025-S374 (ACTIVE) - Bill Text download pdf

Comments