Bill Text: NY A07046 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to communications with professional journalists and newscasters; requires reporting of five thousand dollars or more for reportable compensation and expenses for lobbying by lobbyists; requires disclosure of the names of each source of funding over one thousand dollars from a single source that were used to fund the lobbying activities reported and the amounts received from each identified source of funding.

Spectrum: Partisan Bill (Democrat 40-0)

Status: (Introduced - Dead) 2018-01-03 - referred to governmental operations [A07046 Detail]

Download: New_York-2017-A07046-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7046
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     March 29, 2017
                                       ___________
        Introduced  by  M.  of A. TITONE, MORELLE, FARRELL, ORTIZ -- Multi-Spon-
          sored by -- M. of  A.  ABINANTI,  AUBRY,  BICHOTTE,  BLAKE,  BRINDISI,
          CAHILL,  COOK,  CRESPO, DILAN, ENGLEBRIGHT, FAHY, GJONAJ, GLICK, GOTT-
          FRIED, HEVESI, HOOPER, JAFFEE, JEAN-PIERRE,  JOYNER,  KEARNS,  LAVINE,
          LIFTON,  LUPARDO,  MAGNARELLI, McDONALD, MOYA, PAULIN, PEOPLES-STOKES,
          PICHARDO, PRETLOW, RICHARDSON, RYAN, SEAWRIGHT,  SIMANOWITZ,  SOLAGES,
          STECK,  STIRPE, THIELE, WEINSTEIN, WOERNER, ZEBROWSKI -- read once and
          referred to the Committee on Governmental Operations
        AN ACT to amend the legislative law, in relation to communications  with
          professional journalists and newscasters; and in relation to reporting
          of certain funding by lobbyists
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The second undesignated paragraph  of  subdivision  (c)  of
     2  section  1-c  of the legislative law is amended by adding a new subpara-
     3  graph (R) to read as follows:
     4    (R) Communications with a professional journalist or newscaster relat-
     5  ing to news, as these terms are defined in section seventy-nine-h of the
     6  civil rights law, and communications relating to confidential  and  non-
     7  confidential  news  as  described in subdivisions (b) and (c) of section
     8  seventy-nine-h of the civil rights law respectively.
     9    § 2. Paragraph 4 of subdivision (c) of section 1-h of the  legislative
    10  law, as added by section 1 of part D of chapter 286 of the laws of 2016,
    11  is amended to read as follows:
    12    (4)  Any lobbyist registered pursuant to section one-e of this article
    13  whose lobbying activity is performed on its own behalf and not  pursuant
    14  to retention by a client[:
    15    (i)] that has spent over [fifteen] five thousand dollars in the aggre-
    16  gate  for  reportable  compensation  and  expenses  for lobbying, either
    17  during the calendar year, or during the twelve-month  period,  prior  to
    18  the date of this bi-monthly report[, and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09159-01-7
        A. 7046                             2

     1    (ii)  at  least  three  percent of whose total expenditures during the
     2  same period were devoted to lobbying in New York] shall  report  to  the
     3  commission the names of each source of funding that has contributed over
     4  [two  thousand  five  hundred] one thousand dollars from a single source
     5  that  were  used to fund the lobbying activities reported and the amount
     6  of each contribution received from each identified  source  of  funding;
     7  provided,  however, that amounts received from each identified source of
     8  funding shall not be required to be disclosed if such amounts constitute
     9  membership dues, fees, or assessments charged by the reporting entity to
    10  enable an individual or entity to be a member of the reporting entity.
    11    This disclosure shall not require disclosure of the sources of funding
    12  whose disclosure, in the determination of the commission  based  upon  a
    13  review  of  the  relevant facts presented by the reporting lobbyist, may
    14  cause harm, threats, harassment, or reprisals to the source or to  indi-
    15  viduals  or  property affiliated with the source. The reporting lobbyist
    16  may appeal the commission's determination and such appeal shall be heard
    17  by a judicial hearing officer who is independent and not affiliated with
    18  or employed by the commission, pursuant to  regulations  promulgated  by
    19  the commission. The reporting lobbyist shall not be required to disclose
    20  the sources of funding that are the subject of such appeal pending final
    21  judgment on appeal.
    22    The disclosure shall not apply to:
    23    (i)  any  corporation  registered  pursuant  to article seven-A of the
    24  executive law that is qualified as an exempt organization by the  United
    25  States  Department  of  the Treasury under I.R.C. § 501(c)(3); provided,
    26  however, that this disclosure shall apply to any  in-kind  donations  of
    27  staff,  staff  time,  personnel,  offices,  office  supplies,  financial
    28  support of any kind or any other resources to any corporation or  entity
    29  that is qualified as an exempt organization by the United States Depart-
    30  ment  of the Treasury under I.R.C. 501(c)(4) when such in-kind donations
    31  are over two thousand five hundred dollars and from any  corporation  or
    32  entity  that is qualified as an exempt organization by the United States
    33  Department of the Treasury under I.R.C.  501(c)(3).  In  such  case  the
    34  entity  receiving  such in-kind donations shall disclose the fair market
    35  value and identify the I.R.C. 501(c)(3) entity  providing  such  in-kind
    36  donations  and  give  notice  within  a reasonable time to the 501(c)(3)
    37  entity that it shall be required to file a report with the department of
    38  law pursuant to section one hundred seventy-two-e of the executive law;
    39    (ii) any corporation registered pursuant to  article  seven-A  of  the
    40  executive  law that is qualified as an exempt organization by the United
    41  States Department of the Treasury under I.R.C.  §  501(c)(4)  and  whose
    42  primary  activities concern any area of public concern determined by the
    43  commission to create a substantial likelihood that application  of  this
    44  disclosure  requirement  would  lead  to  harm,  threats, harassment, or
    45  reprisals to a source of funding or to individuals  or  property  affil-
    46  iated  with  such source, including but not limited to the area of civil
    47  rights and civil liberties and any other area of public  concern  deter-
    48  mined  pursuant  to  regulations promulgated by the commission to form a
    49  proper basis for exemption on this basis from this  disclosure  require-
    50  ment; or
    51    (iii) any governmental entity.
    52    The  joint commission on public ethics shall promulgate regulations to
    53  implement these requirements.
    54    § 3. Paragraph 4 of subdivision (c) of section 1-j of the  legislative
    55  law, as added by section 2 of part D of chapter 286 of the laws of 2016,
    56  is amended to read as follows:
        A. 7046                             3
     1    (4)  Any  client  of a lobbyist that is required to file a semi-annual
     2  report and[:
     3    (i) that] has spent over [fifteen] five thousand dollars in the aggre-
     4  gate  for  reportable  compensation  and  expenses  for lobbying, either
     5  during the calendar year, or during the twelve-month  period,  prior  to
     6  the date of this semi-annual report[, and
     7    (ii)  at  least  three  percent of whose total expenditures during the
     8  same period were devoted to lobbying in New York] shall  report  to  the
     9  commission the names of each source of funding that has contributed over
    10  [two  thousand  five  hundred] one thousand dollars from a single source
    11  that were used to fund the lobbying activities reported and  the  amount
    12  of  each  contribution  received from each identified source of funding;
    13  provided, however, that amounts received from each identified source  of
    14  funding shall not be required to be disclosed if such amounts constitute
    15  membership dues, fees, or assessments charged by the reporting entity to
    16  enable an individual or entity to be a member of the reporting entity.
    17    This disclosure shall not require disclosure of the sources of funding
    18  whose  disclosure,  in  the determination of the commission based upon a
    19  review of the relevant facts presented by the reporting client or lobby-
    20  ist, may cause harm, threats, harassment, or reprisals to the source  or
    21  to  individuals  or  property  affiliated with the source. The reporting
    22  lobbyist may appeal the commission's determination and such appeal shall
    23  be heard by a judicial hearing officer who is independent and not affil-
    24  iated with or  employed  by  the  commission,  pursuant  to  regulations
    25  promulgated  by  the  commission.  The  reporting  lobbyist shall not be
    26  required to disclose the sources of funding that are the subject of such
    27  appeal pending final judgment on appeal.
    28    The disclosure shall not apply to:
    29    (i) any corporation registered pursuant  to  article  seven-A  of  the
    30  executive  law that is qualified as an exempt organization by the United
    31  States Department of the Treasury under I.R.C.  §  501(c)(3);  provided,
    32  however,  that  this  disclosure shall apply to any in-kind donations of
    33  staff,  staff  time,  personnel,  offices,  office  supplies,  financial
    34  support  of any kind or any other resources to any corporation or entity
    35  that is qualified as an exempt organization by the United States Depart-
    36  ment of the Treasury under I.R.C. 501(c)(4) when such in-kind  donations
    37  are  over  two thousand five hundred dollars and from any corporation or
    38  entity that is qualified as an exempt organization by the United  States
    39  Department  of  the  Treasury  under  I.R.C. 501(c)(3). In such case the
    40  entity receiving such in-kind donations shall disclose the  fair  market
    41  value  and  identify  the I.R.C. 501(c)(3) entity providing such in-kind
    42  donations and give notice within a  reasonable  time  to  the  501(c)(3)
    43  entity that it shall be required to file a report with the department of
    44  law pursuant to section one hundred seventy-two-e of the executive law;
    45    (ii)  any  corporation  registered  pursuant to article seven-A of the
    46  executive law that is qualified as an exempt organization by the  United
    47  States  Department  of  the  Treasury under I.R.C. § 501(c)(4) and whose
    48  primary activities concern any area of public concern determined by  the
    49  commission  to  create a substantial likelihood that application of this
    50  disclosure requirement would  lead  to  harm,  threats,  harassment,  or
    51  reprisals  to  a  source of funding or to individuals or property affil-
    52  iated with such source, including but not limited to the area  of  civil
    53  rights  and  civil liberties and any other area of public concern deter-
    54  mined pursuant to regulations promulgated by the commission  to  form  a
    55  proper  basis  for exemption on this basis from this disclosure require-
    56  ment; or
        A. 7046                             4
     1    (iii) any governmental entity.
     2    The  joint commission on public ethics shall promulgate regulations to
     3  implement these requirements.
     4    § 4. This act shall take effect immediately.