Lobbyist Fights Increased Restrictions
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ALBANY – One of the state Capitol’s top lobbyists is fighting proposals to expand and strengthen New York’s lobbying law, arguing they would infringe on the constitutional rights of New Yorkers to express political views and to petition their government.
Testifying at a hearing yesterday, lobbyist James Featherstonhaugh said broadening the definition of lobbying to include any attempt to influence a government decision – a proposal of the Lobbying Commission and Attorney General Eliot Spitzer – would potentially subject thousands of ordinary citizens and small businesses to fines for failing to comply with onerous reporting requirements
He also objected to Mr. Spitzer’s proposal to prohibit most forms of lobbying for government contracts, saying the state has no right to restrict so severely how citizens communicate with public officials.
“The key to building a lobbying law is to balance the public’s rights under the First Amendment with the right of the public to know who is doing what,” Mr. Featherstonhaugh told The New York Sun after the hearing. “The suggestion that you wouldn’t be allowed to approach a government official about contracts – or whatever else it might be – flies in the face of everything our government is about.”
Mr. Featherstonhaugh, whose firm represents a long list of corporations, labor unions, and other interest groups at the Capitol, said he was speaking as a citizen and professional lobbyist, not on behalf of any of his clients.
The state’s current lobbying law applies only when a person or group spends at least $2,000 a year to influence legislation or rule-making. It does not apply when businesses and individuals apply for ordinary permits or seek government contracts. Advocates of broadening the definition say the law allows too much influence-peddling to go on outside the public view.
A spokeswoman for Mr. Spitzer, Christine Pritchard, said the state awards most contracts on the basis of competitive bidding, which should be an objective process.
“If these bids are going to the lowest responsible proposals, and those proposals are being reviewed and decided upon based on the merits, common sense would dictate there would be no room for lobbying,” Ms. Pritchard said. “Attempts to lobby would be attempts to circumvent that process.”
Mr. Spitzer and government watchdog groups have also called for banning lobbyists from giving gifts to the government officials they are trying to influence. The law currently permits gifts that do not exceed $75. The Lobbying Commission wants to remove the current restriction, which it says is difficult to enforce, but require lobbyists to disclose all gifts in their public reports.