Bill Text: NY A05100 | 2023-2024 | General Assembly | Amended


Bill Title: Relates to reporting requirements on small nonprofits which lobby before the government.

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Introduced) 2024-03-12 - print number 5100a [A05100 Detail]

Download: New_York-2023-A05100-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5100--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 2, 2023
                                       ___________

        Introduced  by  M.  of  A.  GONZALEZ-ROJAS,  GLICK, CRUZ, THIELE, CLARK,
          BICHOTTE HERMELYN, CARROLL, SIMON, REYES, EPSTEIN,  BURDICK,  JACKSON,
          SEPTIMO,  FORREST,  RAGA,  SIMONE, SHIMSKY, SILLITTI, LUNSFORD -- read
          once and referred to  the  Committee  on  Governmental  Operations  --
          recommitted  to the Committee on Governmental Operations in accordance
          with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN  ACT to amend the legislative law, in relation to relieving reporting
          requirements on small nonprofits

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph 4 of subdivision (a) of section 1-e of the legis-
     2  lative  law,  as amended by chapter 1 of the laws of 2005, is amended to
     3  read as follows:
     4    (4) Such biennial filings shall be  completed  on  or  before  January
     5  first  of the first year of a biennial cycle commencing in calendar year
     6  two thousand five  and  thereafter,  by  those  persons  who  have  been
     7  retained,  employed  or  designated  as  lobbyist  on or before December
     8  fifteenth of the previous calendar year and  who  reasonably  anticipate
     9  that  in  the  coming  year  they will expend, incur or receive combined
    10  reportable compensation and expenses in an amount in excess of two thou-
    11  sand dollars in years prior to calendar year two thousand six  and  five
    12  thousand  dollars commencing in two thousand six or, where such lobbyist
    13  is qualified as an exempt organization or entity by  the  United  States
    14  department  of  the  treasury  under  section  501(c)(3) of the internal
    15  revenue code, ten thousand dollars commencing in  two  thousand  twenty-
    16  five;  for  those  lobbyists  retained, employed or designated after the
    17  previous December fifteenth, and for those lobbyists who  subsequent  to
    18  their retainer, employment or designation reasonably anticipate combined
    19  reportable  compensation  and  expenses  in  excess of such amount, such
    20  filing must be completed within fifteen days thereafter, but in no event

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04860-03-4

        A. 5100--A                          2

     1  later than ten days after the actual  incurring  or  receiving  of  such
     2  reportable compensation and expenses.
     3    §  2.  Paragraphs  (iii) and (iv) of subdivision (e) of section 1-e of
     4  the legislative law, as amended by section 1 of part S of chapter 62  of
     5  the laws of 2003, are amended to read as follows:
     6    (iii)  The  first  statement  of registration filed biennially by each
     7  lobbyist for the first biennial registration requirements  for  calendar
     8  years  between  two  thousand five and two thousand [six and thereafter]
     9  twenty-four, shall be accompanied by a registration fee of  two  hundred
    10  dollars  except  that  no  registration  fee  shall be required from any
    11  lobbyist who in any year does not expend, incur or receive an amount  in
    12  excess of five thousand dollars of reportable compensation and expenses,
    13  as  provided  in  paragraph  five of subdivision (b) of section one-h of
    14  this article, for the purposes of lobbying or of a public corporation. A
    15  fee of two hundred dollars shall be required for any  subsequent  state-
    16  ment  of registration filed by a lobbyist during the same biennial peri-
    17  od; (iv) The first statement of registration filed  biennially  by  each
    18  lobbyist  for  the first biennial registration requirements for calendar
    19  year two thousand twenty-five and thereafter, shall be accompanied by  a
    20  registration  fee of two hundred dollars except that no registration fee
    21  shall be required from any lobbyist who is qualified as an exempt organ-
    22  ization or entity by the United States department of the treasury  under
    23  section  501(c)(3) of the internal revenue code and in any year does not
    24  expend, incur or receive an amount in excess of ten thousand dollars  of
    25  reportable  compensation  and expenses, as provided in paragraph five of
    26  subdivision (b) of section one-h of this article, for  the  purposes  of
    27  lobbying  or of a public corporation. A fee of two hundred dollars shall
    28  be required for any subsequent statement  of  registration  filed  by  a
    29  lobbyist during the same biennial period; (v) The statement of registra-
    30  tion filed after the due date of a biennial registration shall be accom-
    31  panied by a registration fee that is prorated to one hundred dollars for
    32  any  registration  filed after January first of the second calendar year
    33  covered by the biennial reporting requirement. In addition to  the  fees
    34  authorized  by  this  section,  the commission may impose a fee for late
    35  filing of a registration statement  required  by  this  section  not  to
    36  exceed  twenty-five  dollars for each day that the statement required to
    37  be filed is late, except that if the lobbyist making a late  filing  has
    38  not  previously  been  required by statute to file such a statement, the
    39  fee for late filing shall not exceed ten dollars for each day  that  the
    40  statement required to be filed is late.
    41    § 3. Subdivision (a) of section 1-h of the legislative law, as amended
    42  by chapter 14 of the laws of 2007, is amended to read as follows:
    43    (a) Any lobbyist required to file a statement of registration pursuant
    44  to  section  one-e  of  this article who in any lobbying year reasonably
    45  anticipates that during the year such lobbyist  will  expend,  incur  or
    46  receive  combined  reportable  compensation and expenses in an amount in
    47  excess of [five] ten thousand dollars, or  ten  thousand  dollars  where
    48  such  lobbyist  is  qualified as an exempt organization or entity by the
    49  United States department of the treasury under section 501(c)(3) of  the
    50  internal  revenue  code as provided in paragraph five of subdivision (b)
    51  of this section, for the  purpose  of  lobbying,  shall  file  with  the
    52  commission a bi-monthly written report, on forms supplied by the commis-
    53  sion,  by  the  fifteenth  day  next succeeding the end of the reporting
    54  period in which the lobbyist was first required to file a  statement  of
    55  registration.  Such  reporting  periods  shall  be the period of January
    56  first to the last day of February, March first to April  thirtieth,  May

        A. 5100--A                          3

     1  first  to  June  thirtieth, July first to August thirty-first, September
     2  first to October thirty-first and November  first  to  December  thirty-
     3  first.
     4    § 4. Subdivision (a) of section 1-j of the legislative law, as amended
     5  by chapter 14 of the laws of 2007, is amended to read as follows:
     6    (a)  Semi-annual  reports  shall  be  filed  by  any client retaining,
     7  employing or designating a lobbyist or lobbyists,  whether  or  not  any
     8  such  lobbyist  was required to file a bi-monthly report, if such client
     9  reasonably anticipates that during the year such client will  expend  or
    10  incur  an  amount  in  excess  of five thousand dollars, or ten thousand
    11  dollars where such lobbyist is qualified as an  exempt  organization  or
    12  entity  by  the  United  States department of the treasury under section
    13  501(c)(3) of the internal revenue code of  combined  reportable  compen-
    14  sation  and expenses, as provided in paragraph five of subdivision [(c)]
    15  (b) of this section, for the purposes of lobbying.
    16    § 5. This act shall take effect on the sixtieth  day  after  it  shall
    17  have become a law.
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