STATE OF NEW YORK ________________________________________________________________________ 7046 2017-2018 Regular Sessions IN ASSEMBLY March 29, 2017 ___________ Introduced by M. of A. TITONE, MORELLE, FARRELL, ORTIZ -- Multi-Spon- sored by -- M. of A. ABINANTI, AUBRY, BICHOTTE, BLAKE, BRINDISI, CAHILL, COOK, CRESPO, DILAN, ENGLEBRIGHT, FAHY, GJONAJ, GLICK, GOTT- FRIED, HEVESI, HOOPER, JAFFEE, JEAN-PIERRE, JOYNER, KEARNS, LAVINE, LIFTON, LUPARDO, MAGNARELLI, McDONALD, MOYA, PAULIN, PEOPLES-STOKES, PICHARDO, PRETLOW, RICHARDSON, RYAN, SEAWRIGHT, SIMANOWITZ, SOLAGES, STECK, STIRPE, THIELE, WEINSTEIN, WOERNER, ZEBROWSKI -- read once and referred to the Committee on Governmental Operations AN ACT to amend the legislative law, in relation to communications with professional journalists and newscasters; and in relation to reporting of certain funding by lobbyists The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The second undesignated paragraph of subdivision (c) of 2 section 1-c of the legislative law is amended by adding a new subpara- 3 graph (R) to read as follows: 4 (R) Communications with a professional journalist or newscaster relat- 5 ing to news, as these terms are defined in section seventy-nine-h of the 6 civil rights law, and communications relating to confidential and non- 7 confidential news as described in subdivisions (b) and (c) of section 8 seventy-nine-h of the civil rights law respectively. 9 § 2. Paragraph 4 of subdivision (c) of section 1-h of the legislative 10 law, as added by section 1 of part D of chapter 286 of the laws of 2016, 11 is amended to read as follows: 12 (4) Any lobbyist registered pursuant to section one-e of this article 13 whose lobbying activity is performed on its own behalf and not pursuant 14 to retention by a client[: 15 (i)] that has spent over [fifteen] five thousand dollars in the aggre- 16 gate for reportable compensation and expenses for lobbying, either 17 during the calendar year, or during the twelve-month period, prior to 18 the date of this bi-monthly report[, and

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09159-01-7

A. 7046 2

1 (ii) at least three percent of whose total expenditures during the 2 same period were devoted to lobbying in New York] shall report to the 3 commission the names of each source of funding that has contributed over 4 [two thousand five hundred] one thousand dollars from a single source 5 that were used to fund the lobbying activities reported and the amount 6 of each contribution received from each identified source of funding; 7 provided, however, that amounts received from each identified source of 8 funding shall not be required to be disclosed if such amounts constitute 9 membership dues, fees, or assessments charged by the reporting entity to 10 enable an individual or entity to be a member of the reporting entity. 11 This disclosure shall not require disclosure of the sources of funding 12 whose disclosure, in the determination of the commission based upon a 13 review of the relevant facts presented by the reporting lobbyist, may 14 cause harm, threats, harassment, or reprisals to the source or to indi- 15 viduals or property affiliated with the source. The reporting lobbyist 16 may appeal the commission's determination and such appeal shall be heard 17 by a judicial hearing officer who is independent and not affiliated with 18 or employed by the commission, pursuant to regulations promulgated by 19 the commission. The reporting lobbyist shall not be required to disclose 20 the sources of funding that are the subject of such appeal pending final 21 judgment on appeal. 22 The disclosure shall not apply to: 23 (i) any corporation registered pursuant to article seven-A of the 24 executive law that is qualified as an exempt organization by the United 25 States Department of the Treasury under I.R.C. § 501(c)(3); provided, 26 however, that this disclosure shall apply to any in-kind donations of 27 staff, staff time, personnel, offices, office supplies, financial 28 support of any kind or any other resources to any corporation or entity 29 that is qualified as an exempt organization by the United States Depart- 30 ment of the Treasury under I.R.C. 501(c)(4) when such in-kind donations 31 are over two thousand five hundred dollars and from any corporation or 32 entity that is qualified as an exempt organization by the United States 33 Department of the Treasury under I.R.C. 501(c)(3). In such case the 34 entity receiving such in-kind donations shall disclose the fair market 35 value and identify the I.R.C. 501(c)(3) entity providing such in-kind 36 donations and give notice within a reasonable time to the 501(c)(3) 37 entity that it shall be required to file a report with the department of 38 law pursuant to section one hundred seventy-two-e of the executive law; 39 (ii) any corporation registered pursuant to article seven-A of the 40 executive law that is qualified as an exempt organization by the United 41 States Department of the Treasury under I.R.C. § 501(c)(4) and whose 42 primary activities concern any area of public concern determined by the 43 commission to create a substantial likelihood that application of this 44 disclosure requirement would lead to harm, threats, harassment, or 45 reprisals to a source of funding or to individuals or property affil- 46 iated with such source, including but not limited to the area of civil 47 rights and civil liberties and any other area of public concern deter- 48 mined pursuant to regulations promulgated by the commission to form a 49 proper basis for exemption on this basis from this disclosure require- 50 ment; or 51 (iii) any governmental entity. 52 The joint commission on public ethics shall promulgate regulations to 53 implement these requirements. 54 § 3. Paragraph 4 of subdivision (c) of section 1-j of the legislative 55 law, as added by section 2 of part D of chapter 286 of the laws of 2016, 56 is amended to read as follows:

A. 7046 3 1 (4) Any client of a lobbyist that is required to file a semi-annual 2 report and[: 3 (i) that] has spent over [fifteen] five thousand dollars in the aggre- 4 gate for reportable compensation and expenses for lobbying, either 5 during the calendar year, or during the twelve-month period, prior to 6 the date of this semi-annual report[, and 7 (ii) at least three percent of whose total expenditures during the 8 same period were devoted to lobbying in New York] shall report to the 9 commission the names of each source of funding that has contributed over 10 [two thousand five hundred] one thousand dollars from a single source 11 that were used to fund the lobbying activities reported and the amount 12 of each contribution received from each identified source of funding; 13 provided, however, that amounts received from each identified source of 14 funding shall not be required to be disclosed if such amounts constitute 15 membership dues, fees, or assessments charged by the reporting entity to 16 enable an individual or entity to be a member of the reporting entity. 17 This disclosure shall not require disclosure of the sources of funding 18 whose disclosure, in the determination of the commission based upon a 19 review of the relevant facts presented by the reporting client or lobby- 20 ist, may cause harm, threats, harassment, or reprisals to the source or 21 to individuals or property affiliated with the source. The reporting 22 lobbyist may appeal the commission's determination and such appeal shall 23 be heard by a judicial hearing officer who is independent and not affil- 24 iated with or employed by the commission, pursuant to regulations 25 promulgated by the commission. The reporting lobbyist shall not be 26 required to disclose the sources of funding that are the subject of such 27 appeal pending final judgment on appeal. 28 The disclosure shall not apply to: 29 (i) any corporation registered pursuant to article seven-A of the 30 executive law that is qualified as an exempt organization by the United 31 States Department of the Treasury under I.R.C. § 501(c)(3); provided, 32 however, that this disclosure shall apply to any in-kind donations of 33 staff, staff time, personnel, offices, office supplies, financial 34 support of any kind or any other resources to any corporation or entity 35 that is qualified as an exempt organization by the United States Depart- 36 ment of the Treasury under I.R.C. 501(c)(4) when such in-kind donations 37 are over two thousand five hundred dollars and from any corporation or 38 entity that is qualified as an exempt organization by the United States 39 Department of the Treasury under I.R.C. 501(c)(3). In such case the 40 entity receiving such in-kind donations shall disclose the fair market 41 value and identify the I.R.C. 501(c)(3) entity providing such in-kind 42 donations and give notice within a reasonable time to the 501(c)(3) 43 entity that it shall be required to file a report with the department of 44 law pursuant to section one hundred seventy-two-e of the executive law; 45 (ii) any corporation registered pursuant to article seven-A of the 46 executive law that is qualified as an exempt organization by the United 47 States Department of the Treasury under I.R.C. § 501(c)(4) and whose 48 primary activities concern any area of public concern determined by the 49 commission to create a substantial likelihood that application of this 50 disclosure requirement would lead to harm, threats, harassment, or 51 reprisals to a source of funding or to individuals or property affil- 52 iated with such source, including but not limited to the area of civil 53 rights and civil liberties and any other area of public concern deter- 54 mined pursuant to regulations promulgated by the commission to form a 55 proper basis for exemption on this basis from this disclosure require- 56 ment; or

A. 7046 4 1 (iii) any governmental entity. 2 The joint commission on public ethics shall promulgate regulations to 3 implement these requirements. 4 § 4. This act shall take effect immediately.