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:
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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
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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.