Bill Text: NY S06398 | 2021-2022 | General Assembly | Amended


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

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2022-05-16 - PRINT NUMBER 6398B [S06398 Detail]

Download: New_York-2021-S06398-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6398--B

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 27, 2021
                                       ___________

        Introduced  by  Sens.  BIAGGI,  RAMOS, SALAZAR -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Ethics
          and  Internal Governance -- recommitted to the Committee on Ethics and
          Internal Governance in accordance  with  Senate  Rule  6,  sec.  8  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- reported favorably from said  commit-
          tee and committed to the Committee on Finance -- 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
    14  States department of the treasury under section 501(c)(3) of the  inter-
    15  nal  revenue code, ten thousand dollars commencing in two thousand twen-
    16  ty-three; 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10681-08-2

        S. 6398--B                          2

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

        S. 6398--B                          3

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