Legislation
SECTION 9
Periodic reports of public corporations
Regulation of Lobbying Act 1040/81 (RLA) CHAPTER ROOT
* § 9. Periodic reports of public corporations. (a) 1. Every public
corporation required to file a statement of registration pursuant to
section five of this act which in any lobbying year expends or incurs
expenses in an amount in excess of two thousand dollars, as provided in
paragraph five of subdivision (b) of this section, for the purpose of
lobbying shall file with the commission a first periodic written report,
on forms supplied by the commission, by the fifteenth day next
succeeding the end of the reporting period in which the cumulative total
for such lobbying year equaled such sum. Such reporting periods shall be
the period from January first to March thirty-first, April first to May
thirty-first, and June first to August thirty-first.
2. Any public corporation making a report pursuant to paragraph one of
this subdivision shall thereafter file with the commission, on forms
supplied by the commission, a periodic report for each reporting period
that such public corporation expends or incurs expenses in an amount in
excess of five hundred dollars for the purposes of lobbying during such
reporting period. Such report shall be filed not later than the
fifteenth day next succeeding the end of such reporting period and shall
include the amount so expended during such reporting period and the
cumulative total thereof during the lobbying year.
(b) Such periodic report shall contain:
1. the name, address and telephone number of such public corporation;
2. the name, address and telephone number of each lobbyist retained,
employed or designated by such public corporation;
3. copies of all agreements relating to each such retainer, employment
or designation, and if such retainer, employment or designation be oral,
a statement of the substance of such agreement;
4. a description of the general subject or subjects on which the
lobbyist has lobbied, and on which such public corporation has lobbied;
5. the name of the person, organization or legislative body before
which the public corporation, or its lobbyists, has lobbied;
6. (i) the compensation paid or owed to the lobbyist and any expenses
expended, received or incurred by the lobbyist for the purpose of
lobbying; provided, however, any such expenses paid by such public
corporation to a lobbyist for the purpose of lobbying on behalf of such
public corporation shall be itemized in the same manner as if such
public corporation had directly paid or incurred such expenses.
(ii) any 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 expenses are 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 each 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 compensation other than that of
each lobbyist shall be listed in the aggregate.
(v) expenses of more than fifty dollars must be paid by check or
substantiated by receipts and such checks and receipts shall be kept on
file by such public corporation for a period of three years.
(c) 1. All such periodic reports shall be subject to review by the
commission.
2. Such periodic reports shall be kept on file for a period of three
years and shall be open to public inspection during such period.
* NB Chapter 2 of the laws of 1999 repealed, effective January 1,
2000, the lobbying act as enacted by section 1 of chapter 1040 of the
laws of 1981. A new lobbying act was enacted as Article 1-A of the
legislative law.
Section 5 of such chapter 2 transfers all of the functions and powers
of the New York temporary state commission on lobbying created by such
chapter 1040 to the New York temporary state commission on lobbying
created by Article 1-A of the legislative law with respect to receiving
the periodic and annual reports required to be filed pursuant to
sections 8, 9 and 10 of the repealed chapter 1040. Also, pursuant to
section 7 of such chapter 2, any action or proceeding commenced prior to
January 1, 2000 under the old lobbying act shall be continued,
prosecuted and defended pursuant to the old lobbying act as in effect on
December 31, 1999.
Because of these provisions, the Commission will continue to set out
the full text of the repealed lobbying act through December 31, 2000 in
order that lobbyists who were subject to the former lobbying act may be
adequately apprised of the responsibilities and obligations imposed upon
them as continued by sections 5 and 7 of chapter 2 of the laws of 1999.
corporation required to file a statement of registration pursuant to
section five of this act which in any lobbying year expends or incurs
expenses in an amount in excess of two thousand dollars, as provided in
paragraph five of subdivision (b) of this section, for the purpose of
lobbying shall file with the commission a first periodic written report,
on forms supplied by the commission, by the fifteenth day next
succeeding the end of the reporting period in which the cumulative total
for such lobbying year equaled such sum. Such reporting periods shall be
the period from January first to March thirty-first, April first to May
thirty-first, and June first to August thirty-first.
2. Any public corporation making a report pursuant to paragraph one of
this subdivision shall thereafter file with the commission, on forms
supplied by the commission, a periodic report for each reporting period
that such public corporation expends or incurs expenses in an amount in
excess of five hundred dollars for the purposes of lobbying during such
reporting period. Such report shall be filed not later than the
fifteenth day next succeeding the end of such reporting period and shall
include the amount so expended during such reporting period and the
cumulative total thereof during the lobbying year.
(b) Such periodic report shall contain:
1. the name, address and telephone number of such public corporation;
2. the name, address and telephone number of each lobbyist retained,
employed or designated by such public corporation;
3. copies of all agreements relating to each such retainer, employment
or designation, and if such retainer, employment or designation be oral,
a statement of the substance of such agreement;
4. a description of the general subject or subjects on which the
lobbyist has lobbied, and on which such public corporation has lobbied;
5. the name of the person, organization or legislative body before
which the public corporation, or its lobbyists, has lobbied;
6. (i) the compensation paid or owed to the lobbyist and any expenses
expended, received or incurred by the lobbyist for the purpose of
lobbying; provided, however, any such expenses paid by such public
corporation to a lobbyist for the purpose of lobbying on behalf of such
public corporation shall be itemized in the same manner as if such
public corporation had directly paid or incurred such expenses.
(ii) any 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 expenses are 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 each 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 compensation other than that of
each lobbyist shall be listed in the aggregate.
(v) expenses of more than fifty dollars must be paid by check or
substantiated by receipts and such checks and receipts shall be kept on
file by such public corporation for a period of three years.
(c) 1. All such periodic reports shall be subject to review by the
commission.
2. Such periodic reports shall be kept on file for a period of three
years and shall be open to public inspection during such period.
* NB Chapter 2 of the laws of 1999 repealed, effective January 1,
2000, the lobbying act as enacted by section 1 of chapter 1040 of the
laws of 1981. A new lobbying act was enacted as Article 1-A of the
legislative law.
Section 5 of such chapter 2 transfers all of the functions and powers
of the New York temporary state commission on lobbying created by such
chapter 1040 to the New York temporary state commission on lobbying
created by Article 1-A of the legislative law with respect to receiving
the periodic and annual reports required to be filed pursuant to
sections 8, 9 and 10 of the repealed chapter 1040. Also, pursuant to
section 7 of such chapter 2, any action or proceeding commenced prior to
January 1, 2000 under the old lobbying act shall be continued,
prosecuted and defended pursuant to the old lobbying act as in effect on
December 31, 1999.
Because of these provisions, the Commission will continue to set out
the full text of the repealed lobbying act through December 31, 2000 in
order that lobbyists who were subject to the former lobbying act may be
adequately apprised of the responsibilities and obligations imposed upon
them as continued by sections 5 and 7 of chapter 2 of the laws of 1999.