Section 4 - New York temporary state commission on lobbying(a) There shall be established a commission to be known as the New York temporary state commission on lobbying which shall consist of six members. The members of the commission shall be appointed by the governor, provided, however, that one member shall be appointed on nomination of the temporary president of the senate, one member shall be appointed on nomination of the speaker of the assembly, one member shall be appointed on nomination of the minority leader of the senate, and one member shall be appointed on nomination of the minority leader of the assembly. Of the two members appointed by the governor without prior nomination by a legislative leader, one shall be a member of the same political party as the temporary president of the senate and one shall be a member of the same political party as the minority leader of the senate. The term of office of the members shall be for two years commencing with the first day of January, nineteen hundred eighty-two. No member of the commission shall hold any other state or local public office for which he receives compensation; nor shall any member be employed by the state or any local political subdivision. No person subject to the jurisdiction of the commission and the provisions of this act may serve on the commission. The chairman and the vice chairman of the commission shall be elected by a majority of the members of the commission to serve a one year term. The chairman shall be a member of a different political party than the chairman of the commission during the preceding term. The chairman and vice chairman shall each be a member of a different major political party as such term is defined in the election law. Vacancies in the membership of the commission occurring for any cause shall be filled for the balance of the unexpired term in the same manner as the original appointment of the member whose office becomes vacant. Any matter upon which the commission must act by a vote of the membership must be by an affirmative vote of a majority of the members of the commission. No such vote may be taken until all members of the original commission are appointed; thereafter, each member shall continue to serve until a successor is appointed in the manner provided herein. Each of the members of the commission shall receive, as compensation for his services hereunder, a per diem allowance in the sum of one hundred dollars for each day actually spent in the performance of his duties hereunder, not exceeding, however, the sum of five thousand dollars in any calendar year, and, in addition thereto, shall be reimbursed for all expenses actually and necessarily incurred by him in the performance of his duties under this act.(b) The chief administrative officer of the commission shall be the executive director, who shall be appointed jointly by the chairman and vice chairman of the commission and shall serve a two year term, except that he may be removed from such position by joint action of the chairman and the vice chairman.(c) In addition to any other powers and duties specified by law, the commission shall have the power and duty to: (1) administer and enforce all the provisions of this act;(2) conduct any investigation necessary to carry out the provisions of this act. Pursuant to this power and duty, the commission may administer oaths or affirmations, subpoena witnesses, compel their attendance and require the production of any books or records which it may deem relevant or material;(3) conduct private and public hearings pursuant to article seven of the public officers law;(4) prepare uniform forms for the statements and reports required by this act;(5) meet at least once during each reporting period as established by subdivision (a) of section eight of this act and may meet at such other times as the commission, or the chairman and vice chairman jointly, shall determine;(6) issue advisory opinions to those under its jurisdiction; and(7) submit by the first day of March next following the year for which such report is made to the governor and the members of the legislature an annual report summarizing the commission's work, listing the lobbyists and clients required to register pursuant to this act and the expenses and compensation reported pursuant to this act and making recommendations with respect to this act. The commission shall make this report available free of charge to the public.N.Y. Regulation of Lobbying Act Law § 4
NB Chapter 2 of the laws of 1999 repealed, effective January 1, 2000, the lobbying act as enacted by section 1 of chapter 1040 of the laws of 1981. A new lobbying act was enacted as Article 1-A of the legislative law.
Section 5 of such chapter 2 transfers all of the functions and powers of the New York temporary state commission on lobbying created by such chapter 1040 to the New York temporary state commission on lobbying created by Article 1-A of the legislative law with respect to receiving the periodic and annual reports required to be filed pursuant to sections 8, 9 and 10 of the repealed chapter 1040. Also, pursuant to section 7 of such chapter 2, any action or proceeding commenced prior to January 1, 2000 under the old lobbying act shall be continued, prosecuted and defended pursuant to the old lobbying act as in effect on December 31, 1999.
Because of these provisions, the Commission will continue to set out the full text of the repealed lobbying act through December 31, 2000 in order that lobbyists who were subject to the former lobbying act may be adequately apprised of the responsibilities and obligations imposed upon them as continued by sections 5 and 7 of chapter 2 of the laws of 1999.