2023 New York Laws › LEG - Legislative › Article 1-A - Lobbying Act › 1-C - Definitions.

§  1-c.  Definitions.  As  used  in  this  article  unless the context
otherwise requires:
(a) The term  "lobbyist"  shall  mean  every  person  or  organization
retained,  employed  or  designated by any client to engage in lobbying.
The term "lobbyist" shall not include any  officer,  director,  trustee,
employee,  counsel  or  agent  of  the  state,  or  any  municipality or
subdivision thereof of New York when discharging their official  duties;
except  those  officers,  directors,  trustees,  employees, counsels, or
agents of colleges, as defined by section two of the education law.
(i) Any individual who stands convicted of a felony defined in article
two hundred or four hundred ninety-six or section 195.20  of  the  penal
law  may not be retained, employed or designated by any client to engage
in lobbying for compensation.
(ii) Any individual who stands convicted of a misdemeanor  defined  in
article  two hundred, article four hundred ninety-six, section 195.00 or
an attempt to commit a violation of section 195.20 of the penal law  may
not  be  retained,  employed  or  designated  by any client to engage in
lobbying for compensation for a period of five years from  the  date  of
conviction,  provided that in the event such conviction is the result of
a plea agreement resulting in a plea to such charge in lieu of a plea or
conviction of a felony defined in section 195.20, article two hundred or
article four hundred ninety-six of the penal law, all  parties  to  such
agreement  may  agree that the period of such bar may be for a period of
up to ten years from the date of conviction.
(b) The term "client" shall mean  every  person  or  organization  who
retains,  employs  or  designates any person or organization to carry on
lobbying activities on behalf of such client.
(c) The term  "lobbying"  or  "lobbying  activities"  shall  mean  and
include any attempt to influence:
(i)  the  passage or defeat of any legislation or resolution by either
house of  the  state  legislature  including  but  not  limited  to  the
introduction  or intended introduction of such legislation or resolution
or approval or disapproval of any legislation by the governor;
(ii) the adoption, issuance, rescission, modification or  terms  of  a
gubernatorial executive order;
(iii)  the  adoption or rejection of any rule or regulation having the
force and effect of law by a state agency;
(iv) the outcome of any rate making proceeding by a state agency;
(v) any determination: (A) by a public official, or  by  a  person  or
entity  working  in  cooperation  with  a  public  official related to a
governmental procurement, or (B)  by  an  officer  or  employee  of  the
unified  court  system,  or by a person or entity working in cooperation
with an officer or employee of the unified court  system  related  to  a
governmental procurement;
(vi)  the  approval,  disapproval, implementation or administration of
tribal-state  compacts,  memoranda  of  understanding,  or   any   other
tribal-state agreements and any other state actions related to Class III
gaming as provided in 25 U.S.C. § 2701, except to the extent designation
of  such activities as "lobbying" is barred by the federal Indian Gaming
Regulatory Act, by a public official or by a person or entity working in
cooperation with  a  public  official  in  relation  to  such  approval,
disapproval, implementation or administration;
(vii)  the  passage or defeat of any local law, ordinance, resolution,
or regulation by any municipality or subdivision thereof;
(viii) the adoption, issuance, rescission, modification or terms of an
executive order issued by the chief executive officer of a municipality;
(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.
The term "lobbying" shall not include:
(A) 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;
(B) (i) 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,  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;
(ii) 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.
(C)   Persons   who  participate  as  witnesses,  attorneys  or  other
representatives in public proceedings of a  state  or  municipal  agency
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;
(D) Persons who attempt to influence a state or municipal agency in an
adjudicatory  proceeding,  as  "adjudicatory  proceeding"  is defined by
section one hundred two of the state administrative procedure act;
(E) Persons who  prepare  or  submit  a  response  to  a  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;
(F) 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;
(G)  Any  activity  relating  to  governmental procurements made under
section one hundred sixty-two of the state finance law undertaken by (i)
the non-profit-making agencies appointed  pursuant  to  paragraph  e  of
subdivision  six  of  section one hundred sixty-two of the state finance
law by the commissioner of the office of children and  family  services,
the commission for the blind, or the commissioner of education, and (ii)
the  qualified  charitable non-profit-making agencies for the blind, and
qualified  charitable  non-profit-making  agencies  for  other  severely
disabled persons as identified in subdivision two of section one hundred
sixty-two  of the state finance law; provided, however, that any attempt
to influence the issuance or terms of the specifications that  serve  as
the  basis  for  bid  documents, requests for proposals, invitations for
bids, or solicitations of proposals, or any other method for  soliciting
a  response  from offerers intending to result in a procurement contract
with a state agency, the state legislature, the unified court system,  a
municipal  agency or local legislative body shall not be exempt from the
definition  of  "lobbying"   or   "lobbying   activities"   under   this
subparagraph;
(H)  Participants, including those appearing on behalf of a client, in
a conference provided for in a request  for  proposals,  invitation  for
bids,  or  any  other  method  for  soliciting  a response from offerers
intending to result in a procurement contract;
(I) Offerers who have been tentatively  awarded  a  contract  and  are
engaged in communications with a state agency, either house of the state
legislature,  the  unified  court  system,  a  municipal agency or local
legislative body solely for the purpose of negotiating the terms of  the
procurement contract after being notified of such award or, when a state
agency, either house of the state legislature, the unified court system,
a municipal agency or local legislative body is purchasing an article of
procurement pursuant to an existing state procurement contract, offerers
who  are  engaged in communications with the procuring entity solely for
the purpose of negotiating terms applicable to that purchase; or persons
who currently hold a franchise and who are engaged  in  negotiating  the
terms of a tentative franchise renewal contract with a municipality, but
such  negotiations,  which  do  not  constitute lobbying, do not include
communications to the local  legislative  body  that  must  approve  the
contract;
(J) (i) Offerers or other persons who are a party to a protest, appeal
or  other review proceeding (including the apparent successful bidder or
proposer and his or her representatives) before the governmental  entity
conducting the procurement seeking a final administrative determination,
or in a subsequent judicial proceeding; or
(ii)  Offerers  or  other  persons  who  bring  complaints  of alleged
improper conduct in a governmental procurement to the attorney  general,
inspector   general,   district   attorney,   or   court   of  competent
jurisdiction; or
(iii) Offerers or other persons who submit written  protests,  appeals
or  complaints  to  the state comptroller's office during the process of
contract approval, where the state comptroller's approval is required by
law, and where such communications and any responses thereto are made in
writing and shall be entered  in  the  procurement  record  pursuant  to
section one hundred sixty-three of the state finance law; or
(iv)  Offerers  or  other  persons  who  bring  complaints  of alleged
improper conduct in a governmental procurement conducted by a  municipal
agency or local legislative body to the state comptroller's office;
provided,  however,  that nothing in this paragraph shall be construed
as recognizing or creating any new rights, duties or responsibilities or
abrogating any  existing  rights,  duties  or  responsibilities  of  any
governmental  entity as it pertains to implementation and enforcement of
article  eleven  of  the state finance law or any other provision of law
dealing with the governmental procurement process;
(K) The submission of a bid or proposal (whether submitted orally,  in
writing  or  electronically)  in  response  to  a request for proposals,
invitation for bids or any other method for soliciting a  response  from
offerers intending to result in a procurement contract;
(L) Offerers submitting written questions to a designated contact of a
state  agency,  either house of the state legislature, the unified court
system, a municipal agency or local legislative  body  set  forth  in  a
request  for  proposals,  or invitation for bids or any other method for
soliciting a response from offerers intending to result in a procurement
contract,  when  all  written  questions  and  responses   are   to   be
disseminated  to  all  offerers  who  have  expressed an interest in the
request for proposals, or invitation for bids, or any other  method  for
soliciting a response from offerers intending to result in a procurement
contract;
(M) Contacts during governmental procurements between designated staff
of  a  state  agency, either house of the state legislature, the unified
court system, a municipal agency or local legislative body  involved  in
governmental  procurements  and  officers  or  employees  of  bidders or
potential bidders, or officers or employees of subcontractors of bidders
or potential bidders, who are charged with the performance of  functions
relating  to  contracts  and who are qualified by education, training or
experience  to  provide  technical  services  to  explain,  clarify   or
demonstrate  the  qualities, characteristics or advantages of an article
of procurement. Such  authorized  contacts  shall:  (i)  be  limited  to
providing  information  to  the staff of a state agency, either house of
the state legislature, the unified court system, a municipal agency  and
local legislative body to assist them in understanding and assessing the
qualities,  characteristics  or anticipated performance of an article of
procurement; (ii)  not  include  any  recommendations  or  advocate  any
contract  provisions;  and  (iii)  occur  only at such times and in such
manner as  authorized  under  the  procuring  entity's  solicitation  or
guidelines  and procedures. For the purposes of this paragraph, the term
"technical services" shall be limited to analysis directly applying  any
accounting,   engineering,   scientific,   or  other  similar  technical
disciplines;
(N) Applications for licenses, certificates, and permits authorized by
statutes or local laws or ordinances;
(O) The activities of persons who  are  commission  salespersons  with
respect to governmental procurements;
(P) Communications made by an officer or employee of the offerer after
the  award  of  the procurement contract when such communications are in
the ordinary course of providing the article of procurement provided  by
the  procurement  contract  and  in  the ordinary course of the assigned
duties of the officer  or  employee;  provided,  however,  that  nothing
herein shall exempt: (i) an officer or employee whose primary purpose of
employment   is   to  engage  in  lobbying  activities  with  regard  to
governmental procurements, or (ii) an agent  or  independent  contractor
hired  by  an  offerer  and  whose primary duty is to engage in lobbying
activities with regard to governmental procurements; and
(Q)  Persons  who  communicate  with  public  officials   where   such
communications  are  limited to obtaining factual information related to
benefits or incentives offered by a state or municipal agency and  where

such  communications  do  not  include  any  recommendations or advocate
governmental action or  contract  provisions,  and  further  where  such
communications  are  not otherwise connected with pending legislative or
executive  action  or determinations; provided, however, that any person
who is otherwise required to file a statement or report pursuant to this
article by virtue of engaging in lobbying activities as defined in  this
section  shall  not  be deemed to fall within the exception provided for
under this paragraph.
(d) The term  "organization"  shall  mean  any  corporation,  company,
foundation,  association,  college  as  defined  by  section  two of the
education law, labor organization,  firm,  partnership,  society,  joint
stock company, state agency or public corporation.
(e)  The term "state agency" shall mean any department, board, bureau,
commission, division, office,  council,  committee  or  officer  of  the
state,  whether  permanent or temporary, or a public benefit corporation
or public authority at least one of whose members is  appointed  by  the
governor,  authorized by law to make rules or to make final decisions in
adjudicatory proceedings but shall not include the  judicial  branch  or
agencies created by interstate compact or international agreement.
(f)  The  term  "commission"  shall  mean the commission on ethics and
lobbying in government created by section ninety-four of  the  executive
law.
(g)  The  term  "expense"  or  "expenses"  shall mean any expenditures
incurred by or reimbursed to the lobbyist for  lobbying  but  shall  not
include  contributions  reportable  pursuant  to article fourteen of the
election law.
(h) The term "compensation" shall mean any salary, fee, gift, payment,
benefit, loan, advance or any other thing of value paid, owed, given  or
promised  to  the  lobbyist  by  the  client  for lobbying but shall not
include contributions reportable pursuant to  article  fourteen  of  the
election law.
(i)  The term "public corporation" shall mean a municipal corporation,
a district corporation, or a public benefit corporation  as  defined  in
section sixty-six of the general construction law.
(j)  The  term  "gift"  shall mean anything of more than nominal value
given to a public official in any form including,  but  not  limited  to
money,    service,   loan,   travel,   lodging,   meals,   refreshments,
entertainment, discount, forbearance,  or  promise,  having  a  monetary
value. The following are excluded from the definition of a gift:
(i)  complimentary  attendance,  including  food and beverage, at bona
fide charitable or political events;
(ii) complimentary  attendance,  food  and  beverage  offered  by  the
sponsor  of  a  widely  attended event. The term "widely attended event"
shall mean an event: (A) which at least  twenty-five  individuals  other
than  members,  officers,  or  employees from the governmental entity in
which the public official serves attend or were, in good faith,  invited
to  attend,  and  (B)  which  is  related  to  the  attendee's duties or
responsibilities or which  allows  the  public  official  to  perform  a
ceremonial function appropriate to his or her position. For the purposes
of  this exclusion, a public official's duties or responsibilities shall
include but not be limited to either (1) attending an event or a meeting
at which a speaker or attendee addresses an issue of public interest  or
concern  as  a significant activity at such event or meeting; or (2) for
elected public officials, or their staff attending with or on behalf  of
such  elected  officials,  attending an event or a meeting at which more
than one-half of the attendees, or persons  invited  in  good  faith  to
attend, are residents of the county, district or jurisdiction from which
the elected public official was elected;
(iii)  awards,  plaques, and other ceremonial items which are publicly
presented, or intended to  be  publicly  presented,  in  recognition  of
public  service,  provided  that  the  item  or  items  are  of the type
customarily bestowed at such or similar  ceremonies  and  are  otherwise
reasonable  under  the  circumstances,  and  further  provided  that the
functionality of such items shall not determine whether such  items  are
permitted under this paragraph;
(iv) an honorary degree bestowed upon a public official by a public or
private college or university;
(v) promotional items having no substantial resale value such as pens,
mugs,  calendars,  hats, and t-shirts which bear an organization's name,
logo, or message in a manner which promotes the organization's cause;
(vi) goods and services, or discounts for goods and services,  offered
to  the  general  public or a segment of the general public defined on a
basis other than status as a public official and  offered  on  the  same
terms and conditions as the goods or services are offered to the general
public or segment thereof;
(vii)  gifts  from  a  family member, member of the same household, or
person with a personal relationship with the public official,  including
invitations  to  attend  personal  or  family  social  events,  when the
circumstances establish that it is the family,  household,  or  personal
relationship  that  is  the  primary  motivating  factor; in determining
motivation, the following factors shall be among those  considered:  (A)
the  history  and  nature  of the relationship between the donor and the
recipient,  including  whether  or  not  items  have   previously   been
exchanged;  (B)  whether  the  item  was purchased by the donor; and (C)
whether or not the donor at the same time gave similar  items  to  other
public  officials;  the transfer shall not be considered to be motivated
by a family, household, or personal relationship if the donor  seeks  to
charge  or  deduct the value of such item as a business expense or seeks
reimbursement from a client;
(viii) contributions reportable under article fourteen of the election
law, including contributions made in violation of that  article  of  the
election law;
(ix)  travel  reimbursement  or  payment for transportation, meals and
accommodations for an attendee, panelist or speaker at an  informational
event  or  informational  meeting  when such reimbursement or payment is
made by a governmental entity or by an  in-state  accredited  public  or
private  institution  of  higher  education  that hosts the event on its
campus, provided, however, that the  public  official  may  only  accept
lodging from an institution of higher education: (A) at a location on or
within  close  proximity  to  the  host  campus;  and  (B) for the night
preceding and the nights of the days on which the attendee, panelist  or
speaker actually attends the event or meeting;
(x)  provision  of local transportation to inspect or tour facilities,
operations or property located in New  York  state,  provided,  however,
that  such  inspection  or  tour is related to the individual's official
duties  or  responsibilities  and  that  payment  or  reimbursement  for
expenses  for  lodging or travel expenses to and from the locality where
such facilities, operations or property are located shall be  considered
to be gifts unless otherwise permitted under this subdivision;
(xi)  meals  or  refreshments  when participating in a professional or
educational program and the meals or refreshments are  provided  to  all
participants; and
(xii) food or beverage valued at fifteen dollars or less.
(k)  The term "municipality" shall mean any jurisdictional subdivision
of the state, including but not  limited  to  counties,  cities,  towns,
villages, improvement districts and special districts, with a population

of  more  than  five  thousand,  and  industrial development agencies in
jurisdictional  subdivisions  with  a  population  of  more  than   five
thousand; and public authorities, and public corporations.
(l) The term "public official" shall mean:
(i)   the  governor,  lieutenant  governor,  comptroller  or  attorney
general;
(ii) members of the state legislature;
(iii) state officers and employees including:
(A) 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,
(B) officers and employees of statewide elected officials,
(C) officers and employees  of  state  departments,  boards,  bureaus,
divisions, commissions, councils or other state agencies,
(D) 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,  and employees of such
authorities, corporations and commissions;
(iv) officers and employees of the legislature; and
(v) municipal officers and employees including an officer or  employee
of  a  municipality,  whether  paid  or unpaid, including members of any
administrative board, commission or other agency thereof and in the case
of a county, shall be deemed to also include  any  officer  or  employee
paid  from  county  funds.  No  person shall be deemed to be a municipal
officer or employee solely by reason of being a volunteer firefighter or
civil defense volunteer, except a fire chief or assistant fire chief.
(m) The term  "restricted  period"  shall  mean  the  period  of  time
commencing   with   the   earliest   written  notice,  advertisement  or
solicitation  of  a  request  for  proposal,  invitation  for  bids,  or
solicitation of proposals, or any other method for soliciting a response
from offerers intending to result in a procurement contract with a state
agency, either house of the state legislature, the unified court system,
or  a  municipal  agency,  as  that term is defined by paragraph (ii) of
subdivision (s) of this section, and  ending  with  the  final  contract
award  and  approval  by  the  state  agency,  either house of the state
legislature, the unified court system, or a municipal  agency,  as  that
term  is  defined  by paragraph (ii) of subdivision (s) of this section,
and, where applicable, the state comptroller.
(n) The term "revenue  contract"  shall  mean  any  written  agreement
between  a  state or municipal agency or a local legislative body and an
offerer whereby the state or municipal agency or local legislative  body
gives or grants a concession or a franchise.
(o) The term "article of procurement" shall mean a commodity, service,
technology,  public  work, construction, revenue contract, the purchase,
sale or lease of real property or an acquisition or  granting  of  other
interest  in  real  property,  that  is  the  subject  of a governmental
procurement.
(p) The term "governmental procurement" shall  mean:  (i)  the  public
announcement,  public  notice,  or public communication to any potential
vendor of a  determination  of  need  for  a  procurement,  which  shall
include,  but  not  be  limited  to,  the  public  notification  of  the
specifications, bid documents,  request  for  proposals,  or  evaluation
criteria for a procurement contract, (ii) solicitation for a procurement
contract,  (iii)  evaluation  of  a  procurement  contract,  (iv) award,
approval, denial or  disapproval  of  a  procurement  contract,  or  (v)
approval  or  denial  of an assignment, amendment (other than amendments
that are authorized and payable  under  the  terms  of  the  procurement

contract  as  it  was finally awarded or approved by the comptroller, as
applicable), renewal or extension of  a  procurement  contract,  or  any
other  material  change  in  the  procurement  contract  resulting  in a
financial benefit to the offerer.
(q)  The  term  "offerer"  shall mean the individual or entity, or any
employee, agent  or  consultant  of  such  individual  or  entity,  that
contacts  a  state  agency,  either  house of the state legislature, the
unified court system, a municipal agency or local legislative body about
a governmental procurement provided, however, that a governmental agency
or its employees that communicate with the procuring agency regarding  a
governmental  procurement  in the exercise of its oversight duties shall
not be considered an offerer.
(r) The term "procurement contract" shall mean any contract  or  other
agreement,  including  an amendment, extension, renewal, or change order
to an existing contract (other than amendments, extensions, renewals, or
change orders that are authorized and payable under  the  terms  of  the
contract  as  it  was finally awarded or approved by the comptroller, as
applicable), for  an  article  of  procurement  involving  an  estimated
annualized  expenditure  in  excess of fifteen thousand dollars. Grants,
article XI-B state finance  law  contracts,  program  contracts  between
not-for-profit  organizations,  as  defined in article XI-B of the state
finance law, and the unified court system, intergovernmental agreements,
railroad  and  utility  force  accounts,  utility   relocation   project
agreements  or  orders, contracts governing organ transplants, contracts
allowing for state participation in  trade  shows,  and  eminent  domain
transactions shall not be deemed procurement contracts.
(s) The term "municipal agency" shall mean: (i) any department, board,
bureau, commission, division, office, council, committee or officer of a
municipality,  whether  permanent  or  temporary;  or (ii) an industrial
development agency, located in a jurisdictional subdivision of the state
with a population of more than fifty thousand, or local  public  benefit
corporation, as that term is defined in section sixty-six of the general
construction law.
(t)  The  term  "local  legislative  body"  shall  mean  the  board of
supervisors, board of aldermen,  common  council,  council,  commission,
town  board, board of trustees or other elective governing board or body
of a municipality now or hereafter vested by state statute,  charter  or
other law with jurisdiction to initiate and adopt local laws, ordinances
and  budgets,  whether  or  not  such  local laws, ordinances or budgets
require approval of  the  elective  chief  executive  officer  or  other
official or body to become effective.
(u)  The  term  "commission  salesperson"  shall  mean  any person the
primary purpose of whose employment is to cause or promote the sale  of,
or  to  influence  or induce another to make a purchase of an article of
procurement, whether such person is an employee (as that term is defined
for tax purposes) of or an independent contractor for a vendor, provided
that an independent contractor shall have a written contract for a  term
of  not less than six months or for an indefinite term, and which person
shall be compensated,  in  whole  or  in  part,  by  the  payment  of  a
percentage  amount  of all or a substantial part of the sales which such
person has caused, promoted, influenced or induced,  provided,  however,
that no person shall be considered a commission salesperson with respect
to  any sale to or purchase by a state agency, either house of the state
legislature, the unified court  system,  a  municipal  agency  or  local
legislative body if the percentage amount of any commission payable with
respect  to  such  sale  or  purchase  is substantially in excess of any
commission payable with respect to any comparable sale  to  a  purchaser
that  is  not a state agency, either house of the state legislature, the

unified court system, a municipal  agency  or  local  legislative  body;
further,  provided,  however, that any person that is required to file a
statement or report pursuant to this article by virtue  of  engaging  in
lobbying  activities  as defined in paragraphs (i) through (iv) and (vi)
through (x) of subdivision (c) of this section shall not be deemed to be
a "commission salesperson" for purposes of this article.
(v) The term "unified court system" shall, for the  purposes  of  this
article only, mean the unified court system of the state of New York, or
the  office  of court administration, where appropriate, other than town
and village justice courts in  jurisdictions  with  a  population  under
fifty  thousand,  when  it  acts solely in an administrative capacity to
engage in governmental procurements and shall not  include  the  unified
court  system  or  any court of the state judiciary when it acts to hear
and decide cases of original or appellate jurisdiction or otherwise acts
in its judicial, as opposed to administrative, capacity.
(w)  The  term  "reportable  business  relationship"  shall   mean   a
relationship  in which compensation is paid by a lobbyist or by a client
of a lobbyist, in exchange for any goods, services or anything of value,
the total value of which is in excess of one thousand dollars  annually,
to  be  performed or provided by or intended to be performed or provided
by (i) any statewide elected official, state  officer,  state  employee,
member of the legislature or legislative employee, or (ii) any entity in
which  the  lobbyist  or the client of a lobbyist knows or has reason to
know the statewide elected  official,  state  officer,  state  employee,
member  of  the  legislature  or  legislative  employee is a proprietor,
partner, director, officer or manager, or owns or controls  ten  percent
or  more  of  the  stock of such entity (or one percent in the case of a
corporation whose stock is regularly traded on an established securities
exchange).