§ 1-h. Bi-monthly reports of certain lobbyists. (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, 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
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.

(b) Such bi-monthly report shall contain:

(1) the name, address and telephone number of the lobbyist;

(2) the name, address and telephone number of the client by whom or on
whose behalf the lobbyist is retained, employed or designated;

(3) the following information on which the lobbyist has lobbied: (i) a
description of the general subject or subjects, (ii) the legislative
bill numbers of any bills, (iii) the numbers or subject matter (if there
are no numbers) of gubernatorial executive orders or executive orders
issued by the chief executive officer of a municipality, (iv) the
subject matter of and tribes involved in tribal-state compacts,
memoranda of understanding, or any other state-tribal agreements and any
state actions related to class III gaming as provided in 25 U.S.C. §
2701, (v) the rule, regulation, and ratemaking or municipal ordinance or
resolution numbers of any rules, regulations, or rates or ordinance or
proposed rules, regulations, or rates or municipal ordinances or
resolutions, and (vi) the titles and any identifying numbers of any
procurement contracts and other documents disseminated by a state
agency, either house of the state legislature, the unified court system,
municipal agency or local legislative body in connection with a
governmental procurement;

(4) the name of the person, organization, or legislative body before
which the lobbyist has lobbied;

(5) (i) the compensation paid or owed to the lobbyist, and any
expenses expended, received or incurred by the lobbyist for the purpose
of lobbying.

(ii) expenses required to be reported pursuant to subparagraph (i) of
this paragraph shall be listed in the aggregate if seventy-five dollars
or less and if more than seventy-five dollars such expenses shall be
detailed as to amount, to whom paid, and for what purpose; and where
such expense is more than seventy-five dollars on behalf of any one
person, the name of such person shall be listed.

(iii) for the purposes of this paragraph, expenses shall not include:

(A) personal sustenance, lodging and travel disbursements of such
lobbyist;

(B) expenses, not in excess of five hundred dollars in any one
calendar year, directly incurred for the printing or other means of
reproduction or mailing of letters, memoranda or other written
communications.

(iv) expenses paid or incurred for salaries other than that of the
lobbyist shall be listed in the aggregate.

(v) expenses of more than fifty dollars shall be paid by check or
substantiated by receipts and such checks and receipts shall be kept on
file by the lobbyist for a period of three years.

(c) (1) All such bi-monthly reports shall be subject to review by the
commission.

(2) Such bi-monthly reports shall be kept on file for three years and
shall be open to public inspection during such time.

(3) In addition to the filing fees authorized by this article, the
commission may impose a fee for late filing of a bi-monthly report
required by this section not to exceed twenty-five dollars for each day
that the report 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 report, the fee for late filing shall not exceed
ten dollars for each day that the report required to be filed is late.

(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 thousand dollars in the aggregate 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

(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 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
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
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
Department 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
affiliated with such source, including but not limited to the area of
civil rights and civil liberties and any other area of public concern
determined pursuant to regulations promulgated by the commission to form
a proper basis for exemption on this basis from this disclosure
requirement; or

(iii) any governmental entity.

The commission on ethics and lobbying in government shall promulgate
regulations to implement these requirements.