N.Y. Regulation of Lobbying Act 1040/81 § 9: Periodic reports of public corporations

* § 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.