New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter XX - Commission on ethics and lobbying in Government
Part 943 - LOBBYING
Section 943.11 - Lobbyist Bi-Monthly Reports
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Purpose. Lobbyist Bi-Monthly Reports record all actual Lobbying Activity during the relevant filing period.
(b) Any Lobbyist required to file a Statement of Registration for a Client for any biennial period must also file Bi-Monthly Reports in accordance with this section, regardless of Compensation, Expenses, or Lobbying Activity.
(c) Due date.
(d) Any Bi-Monthly Report that is not timely filed will be subject to the late fee schedule set forth below:
Days Late |
Action |
|
First-Time Filer |
All Other Filers |
|
1 - 7 days |
Grace Period/No Late Fee |
|
8 - 14 days |
$75 flat late fee |
$150 flat late fee |
15 - 30 days |
$150 flat late fee |
$300 flat late fee |
31 - 90 days |
$300 flat late fee |
$500 flat late fee |
91 - 180 days |
$500 flat late fee |
$1,000 flat late fee |
181 days and more |
$1,000 flat late fee |
$2,000 flat late fee |
A Lobbyist is considered a First-Time Filer only when the Lobbyist is required to file a BiMonthly Report for the first time. First-Time Filer status applies to the first Bi-Monthly Report received by the Commission from such Lobbyist and any other Reports received from such Lobbyist on that same day.
(e) Filing Fee. There is no filing fee for a Lobbyist Bi-Monthly Report.
(f) Contents. All Bi-Monthly Reports must include the following information to the maximum extent practicable:
For example, if a Lobbyist lobbies a Senator on one occasion and also sends out memos in support of a bill to all members of a legislative committee of which the Senator is a part, such Lobbyist would disclose the Senator's name and the name of the legislative committee.
If a Lobbyist meets with the Commissioner of Taxation and Finance as well as a staff member of the Office of Real Property Tax Services, such Lobbyist would disclose the Commissioner's title and agency and disclose that they met with a staff member of the named unit or department within the agency (the Office of Real Property Tax Services).
(g) If the first required Bi-Monthly Report filed by a Lobbyist for a calendar year is not the Report covering the January-February period (due March 15), the Report should disclose all Lobbying Activities engaged in, Compensation received, and expenditures incurred during the year up to and including the period covered by the Report.
For example: if a Lobbyist does not anticipate receiving $5,000 in Compensation and Expenses before the start of the calendar year, but does exceed $5,000 on April 15, the first required Bi-Monthly Report is the Report due May 15, covering the March-April Bi-Monthly Period. The March-April Report should thus include all Lobbying Activity, Compensation, and Expenses for the calendar year, from January 1 until the end of the March-April Bi-Monthly Period, i.e., April 30.
(h) Public Corporations. Notwithstanding the provisions in this section, a Public Corporation that is required to file a Statement of Registration under section 1-e of the Lobbying Act must also include information pertaining to the Activity, Compensation and Expenses for any Retained Lobbyists in the Bi-Monthly Report.
(i) Withdrawals.
(j) A Lobbyist has a duty to amend a Bi-Monthly Report after a change to the information filed, including when a previously reported payment is written down, written off, or otherwise modified for bookkeeping purpose. However, after the termination of the Agreement, any decision by a Lobbyist to write down, write off, or otherwise modify a previously reported payment does not require an Amended Bi-Monthly Report.