S T A T E O F N E W Y O R K
________________________________________________________________________
7046
2017-2018 Regular Sessions
I N A S S E M B L Y
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:
Section 1. The second undesignated paragraph of subdivision (c) of
section 1-c of the legislative law is amended by adding a new subpara-
graph (R) to read as follows:
(R) COMMUNICATIONS WITH A PROFESSIONAL JOURNALIST OR NEWSCASTER RELAT-
ING TO NEWS, AS THESE TERMS ARE DEFINED IN SECTION SEVENTY-NINE-H OF THE
CIVIL RIGHTS LAW, AND COMMUNICATIONS RELATING TO CONFIDENTIAL AND NON-
CONFIDENTIAL NEWS AS DESCRIBED IN SUBDIVISIONS (B) AND (C) OF SECTION
SEVENTY-NINE-H OF THE CIVIL RIGHTS LAW RESPECTIVELY.
§ 2. Paragraph 4 of subdivision (c) of section 1-h of the legislative
law, as added by section 1 of part D of chapter 286 of the laws of 2016,
is amended to read as follows:
(4) Any lobbyist registered pursuant to section one-e of this article
whose lobbying activity is performed on its own behalf and not pursuant
to retention by a client[:
(i)] that has spent over [fifteen] FIVE thousand dollars in the aggre-
gate for reportable compensation and expenses for lobbying, either
during the calendar year, or during the twelve-month period, prior to
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
(ii) at least three percent of whose total expenditures during the
same period were devoted to lobbying in New York] shall report to the
commission the names of each source of funding that has contributed over
[two thousand five hundred] ONE THOUSAND dollars from a single source
that were used to fund the lobbying activities reported and the amount
of each contribution received from each identified source of funding;
provided, however, that amounts received from each identified source of
funding shall not be required to be disclosed if such amounts constitute
membership dues, fees, or assessments charged by the reporting entity to
enable an individual or entity to be a member of the reporting entity.
This disclosure shall not require disclosure of the sources of funding
whose disclosure, in the determination of the commission based upon a
review of the relevant facts presented by the reporting lobbyist, may
cause harm, threats, harassment, or reprisals to the source or to indi-
viduals or property affiliated with the source. The reporting lobbyist
may appeal the commission's determination and such appeal shall be heard
by a judicial hearing officer who is independent and not affiliated with
or employed by the commission, pursuant to regulations promulgated by
the commission. The reporting lobbyist shall not be required to disclose
the sources of funding that are the subject of such appeal pending final
judgment on appeal.
The disclosure shall not apply to:
(i) any corporation registered pursuant to article seven-A of the
executive law that is qualified as an exempt organization by the United
States Department of the Treasury under I.R.C. § 501(c)(3); provided,
however, that this disclosure shall apply to any in-kind donations of
staff, staff time, personnel, offices, office supplies, financial
support of any kind or any other resources to any corporation or entity
that is qualified as an exempt organization by the United States Depart-
ment of the Treasury under I.R.C. 501(c)(4) when such in-kind donations
are over two thousand five hundred dollars and from any corporation or
entity that is qualified as an exempt organization by the United States
Department of the Treasury under I.R.C. 501(c)(3). In such case the
entity receiving such in-kind donations shall disclose the fair market
value and identify the I.R.C. 501(c)(3) entity providing such in-kind
donations and give notice within a reasonable time to the 501(c)(3)
entity that it shall be required to file a report with the department of
law pursuant to section one hundred seventy-two-e of the executive law;
(ii) any corporation registered pursuant to article seven-A of the
executive law that is qualified as an exempt organization by the United
States Department of the Treasury under I.R.C. § 501(c)(4) and whose
primary activities concern any area of public concern determined by the
commission to create a substantial likelihood that application of this
disclosure requirement would lead to harm, threats, harassment, or
reprisals to a source of funding or to individuals or property affil-
iated with such source, including but not limited to the area of civil
rights and civil liberties and any other area of public concern deter-
mined pursuant to regulations promulgated by the commission to form a
proper basis for exemption on this basis from this disclosure require-
ment; or
(iii) any governmental entity.
The joint commission on public ethics shall promulgate regulations to
implement these requirements.
§ 3. Paragraph 4 of subdivision (c) of section 1-j of the legislative
law, as added by section 2 of part D of chapter 286 of the laws of 2016,
is amended to read as follows:
A. 7046 3
(4) Any client of a lobbyist that is required to file a semi-annual
report and[:
(i) that] has spent over [fifteen] FIVE thousand dollars in the aggre-
gate for reportable compensation and expenses for lobbying, either
during the calendar year, or during the twelve-month period, prior to
the date of this semi-annual report[, and
(ii) at least three percent of whose total expenditures during the
same period were devoted to lobbying in New York] shall report to the
commission the names of each source of funding that has contributed over
[two thousand five hundred] ONE THOUSAND dollars from a single source
that were used to fund the lobbying activities reported and the amount
of each contribution received from each identified source of funding;
provided, however, that amounts received from each identified source of
funding shall not be required to be disclosed if such amounts constitute
membership dues, fees, or assessments charged by the reporting entity to
enable an individual or entity to be a member of the reporting entity.
This disclosure shall not require disclosure of the sources of funding
whose disclosure, in the determination of the commission based upon a
review of the relevant facts presented by the reporting client or lobby-
ist, may cause harm, threats, harassment, or reprisals to the source or
to individuals or property affiliated with the source. The reporting
lobbyist may appeal the commission's determination and such appeal shall
be heard by a judicial hearing officer who is independent and not affil-
iated with or employed by the commission, pursuant to regulations
promulgated by the commission. The reporting lobbyist shall not be
required to disclose the sources of funding that are the subject of such
appeal pending final judgment on appeal.
The disclosure shall not apply to:
(i) any corporation registered pursuant to article seven-A of the
executive law that is qualified as an exempt organization by the United
States Department of the Treasury under I.R.C. § 501(c)(3); provided,
however, that this disclosure shall apply to any in-kind donations of
staff, staff time, personnel, offices, office supplies, financial
support of any kind or any other resources to any corporation or entity
that is qualified as an exempt organization by the United States Depart-
ment of the Treasury under I.R.C. 501(c)(4) when such in-kind donations
are over two thousand five hundred dollars and from any corporation or
entity that is qualified as an exempt organization by the United States
Department of the Treasury under I.R.C. 501(c)(3). In such case the
entity receiving such in-kind donations shall disclose the fair market
value and identify the I.R.C. 501(c)(3) entity providing such in-kind
donations and give notice within a reasonable time to the 501(c)(3)
entity that it shall be required to file a report with the department of
law pursuant to section one hundred seventy-two-e of the executive law;
(ii) any corporation registered pursuant to article seven-A of the
executive law that is qualified as an exempt organization by the United
States Department of the Treasury under I.R.C. § 501(c)(4) and whose
primary activities concern any area of public concern determined by the
commission to create a substantial likelihood that application of this
disclosure requirement would lead to harm, threats, harassment, or
reprisals to a source of funding or to individuals or property affil-
iated with such source, including but not limited to the area of civil
rights and civil liberties and any other area of public concern deter-
mined pursuant to regulations promulgated by the commission to form a
proper basis for exemption on this basis from this disclosure require-
ment; or
A. 7046 4
(iii) any governmental entity.
The joint commission on public ethics shall promulgate regulations to
implement these requirements.
§ 4. This act shall take effect immediately.