N.Y. Executive Law § 109: Registration of certain service providers

§ 109. Registration of certain service providers. 1. For purposes of

this section:

(a) "Client" shall mean a person or entity who in the preceding

calendar year retained or hired the political consultant relating to

matters before any state or local government agency, authority or

official, including services, advice or consultation relating to any

state or local government contract for real property, goods or services,

an appearance in a ratemaking proceeding, an appearance in a regulatory

matter, or an appearance in a legislative matter other than matters

described in subparagraph (E) of the second undesignated paragraph of

subdivision (c) of section one-c of the legislative law.

(b) "Political consulting services" shall mean services provided by a

political consultant to or on behalf of an elected public official in

New York state or to or on behalf of a candidate for elected office in

New York state, or to or on behalf of a person nominated for elected

public office which services: (1) assist or are intended to assist in a

campaign for nomination for election or election to office in New York

state, including fundraising activities, voter outreach, composition and

distribution of promotional literature, advertisements, or other similar

communications, as set forth in section 14-106 of the election law, or

(2) consist of political advice to an elected public official or

candidate for elected public office in New York state or person

nominated for elected public office; provided, however, that political

consulting services shall not include bona fide legal work directly

related to litigation or legal advice with regard to securing a place on

the ballot, the petitioning process, the conduct of an election, or

which involves the election law.

(c) "Political consultant" shall mean a person who holds himself or

herself out to persons in this state as a person who performs political

consulting services in a professional capacity and who is usually

compensated, excluding reimbursement for expenses, for such services.

2. The secretary of state shall promulgate rules and regulations

prescribing a registration form to be used by any political consultant

who provides political consulting services to a sitting elected public

official, candidate for elected public office or person nominated for

elected public office and who has also been retained by a client for

such services.

3. Such registration form shall identify:

(a) the name, address, and telephone number of the political

consultant;

(b) the name, address, and telephone number of each sitting elected

public official, candidate for elected public office, and person

nominated for elected public office who the political consultant

provided political consulting services to;

(c) the name, address, and telephone number of each client who retains

or hires a political consultant in the preceding calendar year provided,

that in the event the client is an entity, at least one natural person

who has a controlling interest in such entity shall be identified; and

(d) a brief description of the nature of the political consulting

services provided to each identified client.

4. Such registration shall be filed with the department of state and

shall cover a six month reporting period. The reporting period shall

mean the six month period within a calendar year starting January first

and ending June thirtieth or the six month period within a calendar year

starting July first and ending December thirty-first.

5. The secretary of state shall post the completed forms on the

department of state's website within thirty days of the close of each

reporting period.

6. The department of state may impose a civil penalty of up to seven

hundred fifty dollars upon any political consultant who fails to file a

registration required by this section provided, however, that the

secretary shall provide such political consultant a reasonable

opportunity to cure such a failure.

7. The department of state shall adopt, amend and rescind rules and

regulations defining the degree and extent of political consulting

services necessary to require the reporting pursuant to this section.