PROCUREMENT LOBBYING LAW
FREQUENTLY ASKED QUESTIONS (FAQs)
Replaces previously released version in its entirety
3.2. How do the State Finance Law provisions affect the procurement laws that govern the procurement processes of local governmental entities such as cities, towns and counties? (Last Updated: 6/14/2010)
A: Neither State Finance Law §139-j nor §139-k changes the procurement laws of Governmental Entities such as cities, towns and counties. Section §139-j of the State Finance Law imposes restrictions on Contacts with a Governmental Entity during the Restricted Period of a Governmental Procurement. Governmental Entity, in turn, includes “a municipal agency, as that term is defined in paragraph (ii) of subdivision (s) of §1-c of the Legislative Law.” See State Finance Law §139-j (1)(a)(6). Such a “municipal agency” consists of “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.” See Legislative Law §1-c(s). Thus, the State Finance Law provisions do not directly affect local Governmental Entities such as cities, towns and counties.
The Lobbying Act provisions do, however, apply to lobbying of a broader category of municipal agencies, defined in paragraph (i) of subdivision (s) of §1-c of the Legislative Law to include any department, board, bureau, commission, division, office, council, committee or officer of a municipality, whether permanent or temporary, in addition to any industrial development agency and local public benefit corporation, as defined in paragraph (ii) of the same subdivision and described above.
See Legislative Law §1-c(s).