S T A T E O F N E W Y O R K
________________________________________________________________________
6398--B
2021-2022 Regular Sessions
I N S E N A T E
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:
Section 1. Paragraph 4 of subdivision (a) of section 1-e of the legis-
lative law, as amended by chapter 1 of the laws of 2005, is amended to
read as follows:
(4) Such biennial filings shall be completed on or before January
first of the first year of a biennial cycle commencing in calendar year
two thousand five and thereafter, by those persons who have been
retained, employed or designated as lobbyist on or before December
fifteenth of the previous calendar year and who reasonably anticipate
that in the coming year they will expend, incur or receive combined
reportable compensation and expenses in an amount in excess of two thou-
sand dollars in years prior to calendar year two thousand six and five
thousand dollars commencing in two thousand six, OR WHERE SUCH LOBBYIST
IS QUALIFIED AS AN EXEMPT ORGANIZATION OR ENTITY BY THE UNITED
STATES DEPARTMENT OF THE TREASURY UNDER SECTION 501(C)(3) OF THE INTER-
NAL REVENUE CODE, TEN THOUSAND DOLLARS COMMENCING IN TWO THOUSAND TWEN-
TY-THREE; for those lobbyists retained, employed or designated after the
previous December fifteenth, and for those lobbyists who subsequent to
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
reportable compensation and expenses in excess of such amount, such
filing must be completed within fifteen days thereafter, but in no event
later than ten days after the actual incurring or receiving of such
reportable compensation and expenses.
§ 2. Paragraphs (iii) and (iv) of subdivision (e) of section 1-e of
the legislative law, as amended by section 1 of part S of chapter 62 of
the laws of 2003, are amended to read as follows:
(iii) The first statement of registration filed biennially by each
lobbyist for the first biennial registration requirements for calendar
years BETWEEN two thousand five and two thousand [six and thereafter]
TWENTY-TWO, shall be accompanied by a registration fee of two hundred
dollars except that no registration fee shall be required from any
lobbyist who in any year does not expend, incur or receive an amount in
excess of five thousand dollars of reportable compensation and expenses,
as provided in paragraph five of subdivision (b) of section one-h of
this article, for the purposes of lobbying or of a public corporation. A
fee of two hundred dollars shall be required for any subsequent state-
ment of registration filed by a lobbyist during the same biennial peri-
od; (iv) THE FIRST STATEMENT OF REGISTRATION FILED BIENNIALLY BY EACH
LOBBYIST FOR THE FIRST BIENNIAL REGISTRATION REQUIREMENTS FOR CALENDAR
YEAR TWO THOUSAND TWENTY-THREE AND THEREAFTER, SHALL BE ACCOMPANIED BY A
REGISTRATION FEE OF TWO HUNDRED DOLLARS EXCEPT THAT NO REGISTRATION FEE
SHALL BE REQUIRED FROM ANY LOBBYIST THAT IS QUALIFIED AS AN EXEMPT
ORGANIZATION OR ENTITY BY THE UNITED STATES DEPARTMENT OF THE TREASURY
UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE AND IN ANY YEAR
DOES NOT EXPEND, INCUR OR RECEIVE AN AMOUNT IN EXCESS OF TEN THOUSAND
DOLLARS OF REPORTABLE COMPENSATION AND EXPENSES, AS PROVIDED IN PARA-
GRAPH FIVE OF SUBDIVISION (B) OF SECTION ONE-H OF THIS ARTICLE, FOR THE
PURPOSES OF LOBBYING OR OF A PUBLIC CORPORATION. A FEE OF TWO HUNDRED
DOLLARS SHALL BE REQUIRED FOR ANY SUBSEQUENT STATEMENT OF REGISTRATION
FILED BY A LOBBYIST DURING THE SAME BIENNIAL PERIOD; (V) The statement
of registration filed after the due date of a biennial registration
shall be accompanied by a registration fee that is prorated to one
hundred dollars for any registration filed after January first of the
second calendar year covered by the biennial reporting requirement. In
addition to the fees authorized by this section, the commission may
impose a fee for late filing of a registration statement required by
this section not to exceed twenty-five dollars for each day that the
statement required to be filed is late, except that if the lobbyist
making a late filing has not previously been required by statute to file
such a statement, the fee for late filing shall not exceed ten dollars
for each day that the statement required to be filed is late.
§ 3. Subdivision (a) of section 1-h of the legislative law, as amended
by chapter 14 of the laws of 2007, is amended to read as follows:
(a) Any lobbyist required to file a statement of registration pursuant
to section one-e of this article who in any lobbying year reasonably
anticipates that during the year such lobbyist will expend, incur or
receive combined reportable compensation and expenses in an amount in
excess of five thousand dollars, OR TEN THOUSAND DOLLARS WHERE SUCH
LOBBYIST IS QUALIFIED AS AN EXEMPT ORGANIZATION OR ENTITY BY THE
UNITED STATES DEPARTMENT OF THE TREASURY UNDER SECTION 501(C)(3) OF THE
INTERNAL REVENUE CODE, as provided in paragraph five of subdivision (b)
of this section, for the purpose of lobbying, shall file with the
commission a bi-monthly written report, on forms supplied by the commis-
sion, by the fifteenth day next succeeding the end of the reporting
period in which the lobbyist was first required to file a statement of
S. 6398--B 3
registration. Such reporting periods shall be the period of January
first to the last day of February, March first to April thirtieth, May
first to June thirtieth, July first to August thirty-first, September
first to October thirty-first and November first to December thirty-
first.
§ 4. Subdivision (a) of section 1-j of the legislative law, as amended
by chapter 14 of the laws of 2007, is amended to read as follows:
(a) Semi-annual reports shall be filed by any client retaining,
employing or designating a lobbyist or lobbyists, whether or not any
such lobbyist was required to file a bi-monthly report, if such client
reasonably anticipates that during the year such client will expend or
incur an amount in excess of five thousand dollars, OR TEN THOUSAND
DOLLARS WHERE SUCH CLIENT IS QUALIFIED AS AN EXEMPT ORGANIZATION OR
ENTITY BY THE UNITED STATES DEPARTMENT OF THE TREASURY UNDER SECTION
501(C)(3) OF THE INTERNAL REVENUE CODE, of combined reportable compen-
sation and expenses, as provided in paragraph five of subdivision [(c)]
(B) of this section, for the purposes of lobbying.
§ 5. This act shall take effect on the sixtieth day after it shall
have become a law.