Clarification for Reportable Business Relationship disclosure

Pursuant to the Public Integrity Reform Act of 2011, certain lobbyists and clients must disclose Reportable Business Relationships (“RBR”) with any individual who is a "statewide elected official, state officer, state employee, member of the legislature, or legislative employee" (Legislative Law §§1-c(w), 1-e(c)(8)(i)-(iii) and 1-j(b)(6)(i)-(iii) and collectively defined as "State Person" in the guidelines adopted by JCOPE). For purposes of this disclosure requirement, state officer and state employee shall mean:

(i) 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;

(ii) officers and employees of statewide elected officials;

(iii)officers and employees of state departments, boards, bureaus, divisions, commissions, councils or other state agencies other than officers of such boards, commissions or councils who receive no compensation or are compensated on a per diem basis; and

(iv) members or directors of public authorities, other than multi-state authorities, public benefit corporations and commissions at least one of whose members is appointed by the governor, who receive compensation other than on a per diem basis, and employees of such authorities, corporations and commissions.

This is consistent with the definition of state officer and state employee under Public Officers Law §73.

The following FAQ on the Joint Commission’s web site (LINKED HERE) was revised to reflect the clarification and reads as follows:

A trade association is a client of a registered lobbyist. The president of the association, who is a salaried employee of the association, has recently been appointed to serve on a State commission in an uncompensated position. Must the trade association now disclose its relationship with its employee, and the employee's salary, as an RBR?

No. Because the association president was appointed to an uncompensated position, he/she is not a State Person for the purposes of RBR disclosure.