NY State Senate Bill 2023-S5499A

Current Bill Status - In Senate Committee Ethics And Internal Governance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 13, 2024	print number 5499a
Feb 13, 2024	amend and recommit to ethics and internal governance
Jan 03, 2024	referred to ethics and internal governance
Mar 06, 2023	referred to ethics and internal governance

Bill Amendments

Original

A (Active)

2023-S5499 - Details

See Assembly Version of this Bill:: A5100
Current Committee:: Senate Ethics And Internal Governance
Law Section:: Legislative Law
Laws Affected:: Amd §§1-e, 1-h & 1-j, Leg L
Versions Introduced in 2021-2022 Legislative Session:: A6943

2023-S5499 - Summary

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

2023-S5499 - Sponsor Memo

                                 
BILL NUMBER: S5499

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the legislative law, in relation to relieving reporting
requirements on small nonprofits

 
SUMMARY OF SPECIFIC PROVISIONS: :

Section one amends paragraph 4 of subdivision a of section 1-a of the
New York State Legislative Law to increase the expenditure amount from
five thousand dollars to ten thousand dollars commencing in the year
2024.

Section two amends paragraphs iii and iv of subdivision e of section 1-e
of the New York State Legislative Law to provide new requirements for
registration and filing after the calendar year 2024.

Section three amends subdivision a of section 1-h of the New York State
Legislative Law to increase the lobbying threshold to ten thousand
dollars.

Section four amends subdivision a of section 1-j of the New York State
Legislative Law to amend the lobbying threshold for the purpose of semi-
annual reports.

Section five provides the effective date.

 
JUSTIFICATION:

Nonprofit organizations often represent the needs of our communities,
but fewer than 3% of nonprofits engage in legislative advocacy. Many
organizations don't engage in advocacy because of negative associations
with the terms "advocacy" and "lobbying", or because of consulting
registration and reporting requirements. The rules for nonprofit organ-
izations to lobby can seem complicated and burdensome, and nonprofits
are the most tightly regulated of all sectors that lobby.

According to former Joint Commission on Public Ethics (JCOPE), if an
organization expects to spend $5,000 in a year doing legislative advoca-
cy, they must: register as a lobbyist and submit bi-monthly reports on
their activities to the city and state; familiarize themselves with the
JCOPE's 92-page regulations; file a minimum of 6 reports each year; and
risk paying late filing fees ranging from $75 to $2,000 per filing. This
is very burdensome, particularly for smaller nonprofit organizations.

As per JCOPE's records, lobbying filers who spent less than $10,000 in
2018 collectively spent 0.75% of total spending, which means that 99% of
all lobbyists will still have to report, even with this higher thresh-
old. New York's nonprofit sector employs 1.38 million people and 17.7%
of the state's workforce and Generates more than $260.26 billion in
annual revenues. This legislation will expand the ability for the
nonprofit sector to advocate for New York's most vulnerable communities.

 
PRIOR LEGISLATIVE HISTORY:

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2023-S5499 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5499
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Ethics and Internal Gover-
   nance
 
 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] IN YEARS BETWEEN two thousand  six
 AND TWO THOUSAND TWENTY-THREE AND TEN THOUSAND DOLLARS COMMENCING IN TWO
 THOUSAND  TWENTY-FOUR;  for those lobbyists retained, employed or desig-
 nated after the previous December fifteenth, and for those lobbyists who
 subsequent to  their  retainer,  employment  or  designation  reasonably
 anticipate  combined  reportable  compensation and expenses in excess of
 such amount, such filing must be completed within fifteen days thereaft-
 er, 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04860-01-3
 S. 5499                             2

 
   (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-THREE, 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-FOUR AND THEREAFTER, 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 TEN THOUSAND DOLLARS OF REPORT-
 ABLE COMPENSATION AND EXPENSES, AS PROVIDED IN PARAGRAPH FIVE OF  SUBDI-
 VISION  (B) OF SECTION ONE-H OF THIS ARTICLE, FOR THE PURPOSES OF LOBBY-
 ING OR OF A PUBLIC CORPORATION. A FEE OF TWO HUNDRED  DOLLARS  SHALL  BE
 REQUIRED  FOR ANY SUBSEQUENT STATEMENT OF REGISTRATION FILED BY A LOBBY-
 IST 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] TEN thousand dollars, 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  commission,  by  the  fifteenth  day next succeeding the end of the
 reporting period in which the lobbyist was  first  required  to  file  a
 statement of registration. Such reporting periods shall be the period of
 January  first to the last day of February, March first to April thirti-
 eth, 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] TEN  thousand  dollars  of  combined
 S. 5499                             3
 
 reportable  compensation  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.

2023-S5499A (ACTIVE) - Details

See Assembly Version of this Bill:: A5100
Current Committee:: Senate Ethics And Internal Governance
Law Section:: Legislative Law
Laws Affected:: Amd §§1-e, 1-h & 1-j, Leg L
Versions Introduced in 2021-2022 Legislative Session:: A6943

2023-S5499A (ACTIVE) - Summary

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

2023-S5499A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5499A

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the legislative law, in relation to relieving reporting
requirements on small nonprofits

 
PURPOSE:

To raise the lobbying requirement threshold to make it easier for
nonprofit organizations to participate in advocacy work.

 
SUMMARY OF PROVISIONS:

Section one amends subdivision le(a) (4) of the New York State Legisla-
tive Law to increase the expenditure amount from five thousand dollars
to ten thousand dollars for 501(c)(3) organizations commencing in the
year 2025.

Section two amends subdivision 1-e(e)(1) (iii-iv) of the New York State
Legislative Law to provide new requirements for registration and filing

after calendar year 2024.

Section three amends subdivision 1-h(a) of the New York State Legisla-
tive Law to increase the lobbying threshold for 501(c)(3) organizations.

Section four amends subdivision 1-j(a) of the New York State Legislative
Law to amend the lobbying threshold for 501(c)(3) organizations for the
purpose of semi-annual reports.

Section five provides the effective date.

 
JUSTIFICATION:

Nonprofit organizations often represent the needs of our communities,
but fewer than 3% of nonprofits engage in legislative advocacy. Many
organizations don't engage in advocacy because of negative associations
with the terms "advocacy" and "lobbying", or because of consulting
registration and reporting requirements. The rules for nonprofit organ-
izations to lobby can seem complicated and burdensome, and nonprofits
are the most tightly regulated of all sectors that lobby.

The Commission on Ethics and Lobbying in Government (CELIG)requires
organization that expect to spend more than $5,000 in a year doing
legislative advocacy to: register as a lobbyist; familiarize themselves
with the CELIG's regulations; file a minimum of 6 reports each year; and
risk paying late filing fees ranging from $75 to $2,000 per filing. This
is very burdensome, particularly for smaller nonprofit organizations.
New York's nonprofit sector employs 1.38 million people and 17.7% of the
state's workforce and Generates more than $260.26 billion in annual
revenues. This legislation will expand the ability for the nonprofit
sector to advocate for New York's most vulnerable communities.

 
PRIOR LEGISLATIVE HISTORY:

 
FISCAL IMPLICATIONS:

To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2023-S5499A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5499--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Ethics and Internal Gover-
   nance -- recommitted to the Committee on Ethics  and  Internal  Gover-
   nance   in  accordance  with  Senate  Rule  6,  sec.  8  --  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  INTERNAL
 REVENUE  CODE,  TEN  THOUSAND DOLLARS COMMENCING IN TWO THOUSAND TWENTY-
 FIVE; 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
 reportable compensation and expenses in  excess  of  such  amount,  such
 filing must be completed within fifteen days thereafter, but in no event

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04860-02-4
 S. 5499--A                          2

 
 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-FOUR, 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-FIVE AND THEREAFTER, SHALL BE ACCOMPANIED BY  A
 REGISTRATION  FEE OF TWO HUNDRED DOLLARS EXCEPT THAT NO REGISTRATION FEE
 SHALL BE REQUIRED FROM ANY LOBBYIST WHO IS QUALIFIED AS AN EXEMPT ORGAN-
 IZATION 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 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 STATEMENT  OF  REGISTRATION  FILED  BY  A
 LOBBYIST DURING THE SAME BIENNIAL PERIOD; (V) The statement of registra-
 tion filed after the due date of a biennial registration shall be accom-
 panied 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] TEN 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
 registration.  Such  reporting  periods  shall  be the period of January
 first to the last day of February, March first to April  thirtieth,  May
 S. 5499--A                          3
 
 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 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 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.

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Senate Bill S5499A

Sponsored By

Current Bill Status - In Senate Committee Ethics And Internal Governance Committee

Bill Amendments

2023-S5499 - Details

2023-S5499 - Summary

2023-S5499 - Sponsor Memo

2023-S5499 - Bill Text download pdf

2023-S5499A (ACTIVE) - Details

2023-S5499A (ACTIVE) - Summary

2023-S5499A (ACTIVE) - Sponsor Memo

2023-S5499A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5499A

Share this bill

Sponsored By

Liz Krueger

Current Bill Status - In Senate Committee Ethics And Internal Governance Committee

Bill Amendments

2023-S5499 - Details

2023-S5499 - Summary

2023-S5499 - Sponsor Memo

2023-S5499 - Bill Text download pdf

2023-S5499A (ACTIVE) - Details

2023-S5499A (ACTIVE) - Summary

2023-S5499A (ACTIVE) - Sponsor Memo

2023-S5499A (ACTIVE) - Bill Text download pdf

Comments