The State University of New York

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The State University of New York

• Compliance Disclosure Under the Honest
  Leadership Open Government Act of 2007

SUNY Federal Relations Summit September 16, 2008
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Laws, Rules Public Disclosure

• Political Campaign Activities
• Gifts, Events Travel
• Lobbying Expenses (LD-2)
• Lobbying Contributions (LD-203)

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Political Campaign Activities

• Laws Affecting NYS Employees
• Laws Affecting SUNY Institutions of Higher
  Education

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Permitted Gifts Significant Change in 2007

• House and Senate pass amendments to the Lobbying
  Disclosure Act of 1995 and to internal House and
  Senate rules
• Federal, STATE, and local governments remain
  exempt
• Significant restrictions placed on all others
• Note There are different rules for the
  Executive Branch!

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Permitted Events

• Federal, STATE, and local exemptions apply.
• However, others are held to certain standards
• Widely Attended Events
• Educational Events
• Charity Events

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Permitted Travel

• Again, federal, STATE, and local exemption
  applies.
• Again, others are held to certain standards
• Sponsored by non-lobbyists
• Time limitations
• Advance approval
• Meeting purpose

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IMPORTANT TO NOTE

• Despite exemption, disclosure of the expense of
  gift, events, travel may, or may not, be
  required in the LD-2 or the LD-203.
• The LD-2 changed, and the LD-203 was established,
  in the Honest Leadership Open Government Act of
  2007 and took effect in 2008.

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New LDA Requirements

• Who files?
• What are lobbying activities?
• What is a lobbying contact?
• Who are covered official?
• Why does SUNY only file one report?
• Why do we need to disclose information to you?

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Calculating the Campus Expense

• Any amounts paid the third parties retained for
  lobbying purposes
• Any in-house expense associated with supporting
  campus lobbying activities.
• IRS gross-up method
• National associations

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LD-203

• What is the difference between a contribution and
  an expense?
• But you said we were exempt!
• Certification
• Official examples of reportable contributions
• Ultimately, only three categories honorary
  expenses, meeting expenses, presidential library
  expenses

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Pop Quiz

• A SUNY campus with a listed lobbyist invites a
  member of congress to give the graduation
  address. Does the university report the
  Congresswomans appearance on the its LD-203?
• NO

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• What if they decide to present her with an
  honorary degree or award?
• YES, this would now need to be reported on the
  LD-203.

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• A listed lobbyist for a SUNY campus and a listed
  lobbyist for a private university invite
  congressional staff to a small Capitol Hill
  briefing on the Higher Education Act. Can staff
  attend? Can food be served? What type?
• Yes, they may attend.
• Yes, food may be served.
• It must be finger food.

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• A faculty researcher visits his grant officer at
  NIH to discuss an existing grant. Is this a
  lobbying contact?
• No
• He asks the grant officer about extending the
  grant. Is this lobbying?
• No
• He goes to see a political appointee about
  extending the grant. Is this a lobbying
  contact?
• Yes
• Does it need to be reported in the LD-2?
• No, not if he is not a listed lobbyist.

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• What if a covered official at the Department of
  Education is contacted by a senior SUNY
  administrator about HEA negotiated rulemaking.
  Is this a lobbying contact?
• Yes
• Is it reported on SUNYs LD-2?
• No
• What if Liz Clark made the contact?
• Yes, this needs to be reported.

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Public Means Public LD-2
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Public Means Public LD-203
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Public Means Public FEC Contributions
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