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S02224 Summary:

BILL NOS02224B
 
SAME ASNo Same As
 
SPONSORKRUEGER
 
COSPNSR
 
MLTSPNSR
 
Amd §§1-e, 1-h & 1-j, Leg L
 
Relates to reporting requirements on small nonprofits which lobby before the government.
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S02224 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2224--B
            Cal. No. 450
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 16, 2025
                                       ___________
 
        Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Ethics and Internal Gover-
          nance -- committee discharged,  bill  amended,  ordered  reprinted  as
          amended  and  recommitted  to  said  committee  --  recommitted to the
          Committee on Ethics and Internal Governance in accordance with  Senate
          Rule  6,  sec. 8 -- reported favorably from said committee, ordered to
          first and second report, ordered  to  a  third  reading,  amended  and
          ordered reprinted, retaining its place in the order of third reading
 
        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 3 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    (3) Commencing calendar year two thousand five  and  thereafter  every
     5  lobbyist shall biennially file with the commission, on forms provided by
     6  the  commission,  a  statement  of registration for each biennial period
     7  beginning with the first year of the biennial cycle commencing  calendar
     8  year two thousand five and thereafter; provided, however, that the bien-
     9  nial  filing  of such statement of registration shall not be required of
    10  any lobbyist who (i) in any year prior to calendar year two thousand six
    11  does not expend, incur or receive an amount in excess  of  two  thousand
    12  dollars  of  reportable  compensation and expenses, as provided in para-
    13  graph five of subdivision (b) of section one-h of this article, for  the
    14  purposes of lobbying [and]; (ii) commencing with calendar year two thou-
    15  sand  six  does not expend, incur or receive an amount in excess of five
    16  thousand dollars of reportable compensation and expenses, as provided in
    17  paragraph five of subdivision (b) of section one-h of this  article  for
    18  the  purposes of lobbying; (iii) commencing with calendar year two thou-
    19  sand twenty-six, is qualified as an exempt organization or entity by the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06181-04-6

        S. 2224--B                          2
 
     1  United States department of the treasury under section 501(c)(3) of  the
     2  internal revenue code and does not expend, incur or receive an amount in
     3  excess  of ten thousand dollars of reportable compensation and expenses,
     4  as  provided  in  paragraph  five of subdivision (b) of section one-h of
     5  this article, for purposes of lobbying or [(ii)]  (iv)  is  an  officer,
     6  director,  trustee or employee of any public corporation, when acting in
     7  such official capacity; provided however, that nothing in  this  section
     8  shall  be  construed to relieve any public corporation of the obligation
     9  to file such statements and reports as required by this article.
    10    § 2. Paragraph 4 of subdivision (a) of section 1-e of the  legislative
    11  law,  as amended by chapter 1 of the laws of 2005, is amended to read as
    12  follows:
    13    (4) Such biennial filings shall be  completed  on  or  before  January
    14  first  of the first year of a biennial cycle commencing in calendar year
    15  two thousand five  and  thereafter,  by  those  persons  who  have  been
    16  retained,  employed  or  designated  as  lobbyist  on or before December
    17  fifteenth of the previous calendar year and  who  reasonably  anticipate
    18  that  in  the  coming  year  they will expend, incur or receive combined
    19  reportable compensation and expenses in an amount in excess of two thou-
    20  sand dollars in years prior to calendar year two thousand six  and  five
    21  thousand  dollars commencing in two thousand six or, where such lobbyist
    22  is qualified as an exempt organization or entity by  the  United  States
    23  department  of  the  treasury  under  section  501(c)(3) of the internal
    24  revenue  code,  ten  thousand  dollars  commencing   in   two   thousand
    25  twenty-six;  for  those lobbyists retained, employed or designated after
    26  the previous December fifteenth, and for those lobbyists who  subsequent
    27  to  their  retainer,  employment  or  designation  reasonably anticipate
    28  combined reportable compensation and expenses in excess of such [amount]
    29  amounts, as applicable, such filing must  be  completed  within  fifteen
    30  days  thereafter,  but  in no event later than ten days after the actual
    31  incurring or receiving of such reportable compensation and expenses.
    32    § 3. Paragraphs (iii) and (iv) of subdivision (e) of  section  1-e  of
    33  the  legislative law, as amended by section 1 of part S of chapter 62 of
    34  the laws of 2003, are amended to read as follows:
    35    (iii) The first statement of registration  filed  biennially  by  each
    36  lobbyist  for  the first biennial registration requirements for calendar
    37  years between two thousand five and two thousand  [six  and  thereafter]
    38  twenty-five,  shall  be accompanied by a registration fee of two hundred
    39  dollars except that no registration  fee  shall  be  required  from  any
    40  lobbyist  who in any year does not expend, incur or receive an amount in
    41  excess of five thousand dollars of reportable compensation and expenses,
    42  as provided in paragraph five of subdivision (b)  of  section  one-h  of
    43  this article, for the purposes of lobbying or of a public corporation. A
    44  fee  of  two hundred dollars shall be required for any subsequent state-
    45  ment of registration filed by a lobbyist during the same biennial  peri-
    46  od;  (iv)  The  first statement of registration filed biennially by each
    47  lobbyist for the first biennial registration requirements  for  calendar
    48  year  two  thousand twenty-six and thereafter, shall be accompanied by a
    49  registration fee of two hundred dollars except that no registration  fee
    50  shall  be  required  from  any  lobbyist who:   (A) in any year does not
    51  expend, incur or receive an amount in excess of five thousand dollars of
    52  reportable compensation and expenses, as provided in paragraph  five  of
    53  subdivision  (b)  of  section one-h of this article, for the purposes of
    54  lobbying; or (B) is qualified as an exempt organization or entity by the
    55  United States department of the treasury under section 501(c)(3) of  the
    56  internal  revenue code and in any year does not expend, incur or receive

        S. 2224--B                          3
 
     1  an amount in excess of ten thousand dollars of  reportable  compensation
     2  and  expenses,  as  provided  in  paragraph  five  of subdivision (b) of
     3  section one-h of this article, for the purposes of lobbying; or (C) is a
     4  public  corporation.  A fee of two hundred dollars shall be required for
     5  any subsequent statement of registration filed by a lobbyist during  the
     6  same  biennial period; (v) The statement of registration filed after the
     7  due date of a biennial registration shall be accompanied by a  registra-
     8  tion  fee  that  is prorated to one hundred dollars for any registration
     9  filed after January first of the second calendar  year  covered  by  the
    10  biennial  reporting  requirement.  In addition to the fees authorized by
    11  this section, the commission may impose a  fee  for  late  filing  of  a
    12  registration  statement  required  by this section not to exceed twenty-
    13  five dollars for each day that the statement required  to  be  filed  is
    14  late, except that if the lobbyist making a late filing has not previous-
    15  ly  been  required by statute to file such a statement, the fee for late
    16  filing shall not exceed ten dollars for  each  day  that  the  statement
    17  required to be filed is late.
    18    § 4. Subdivision (a) of section 1-h of the legislative law, as amended
    19  by chapter 14 of the laws of 2007, is amended to read as follows:
    20    (a) Any lobbyist required to file a statement of registration pursuant
    21  to  section  one-e  of  this article who in any lobbying year reasonably
    22  anticipates that during the year such lobbyist  will  expend,  incur  or
    23  receive  combined  reportable  compensation and expenses in an amount in
    24  excess of five thousand dollars, or  ten  thousand  dollars  where  such
    25  lobbyist  is qualified as an exempt organization or entity by the United
    26  States department of the treasury under section 501(c)(3) of the  inter-
    27  nal  revenue  code  as  provided in paragraph five of subdivision (b) of
    28  this section, for the purpose of lobbying, shall file with  the  commis-
    29  sion  a  bi-monthly written report, on forms supplied by the commission,
    30  by the fifteenth day next succeeding the end of the reporting period  in
    31  which  the  lobbyist was first required to file a statement of registra-
    32  tion. Such reporting periods shall be the period of January first to the
    33  last day of February, March first to April thirtieth, May first to  June
    34  thirtieth, July first to August thirty-first, September first to October
    35  thirty-first and November first to December thirty-first.
    36    § 5. Subdivision (a) of section 1-j of the legislative law, as amended
    37  by chapter 14 of the laws of 2007, is amended to read as follows:
    38    (a)  Semi-annual  reports  shall  be  filed  by  any client retaining,
    39  employing or designating a lobbyist or lobbyists,  whether  or  not  any
    40  such  lobbyist  was required to file a bi-monthly report, if such client
    41  reasonably anticipates that during the year such client will  expend  or
    42  incur  an  amount  in  excess  of five thousand dollars, or ten thousand
    43  dollars where such lobbyist is qualified as an  exempt  organization  or
    44  entity  by  the  United  States department of the treasury under section
    45  501(c)(3) of the internal revenue code of  combined  reportable  compen-
    46  sation  and expenses, as provided in paragraph five of subdivision [(c)]
    47  (b) of this section, for the purposes of lobbying.
    48    § 6. This act shall take effect on the sixtieth  day  after  it  shall
    49  have become a law.
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