N.Y. Comp. Codes R. & Regs. tit. 19 § 943.13

Current through Register Vol. 46, No. 50, December 11, 2024

Section 943.13 - Lobbyist Disbursement of Public Monies Report

(a)Public Monies means funds that have been designated for programs, grants or discretionary funds, but which have not been allocated by law to specific recipients and are not part of a Governmental Procurement (as defined in subsection 943.8(a)(3) ).

(b) Required Filers. A Disbursement of Public Monies Report is only required of a Lobbyist who is otherwise already required to file a Statement of Registration and who in any calendar year reasonably anticipates that they will expend, incur or receive combined Reportable Compensation and Expenses in an amount in excess of $5,000 in connection with any Attempts to Influence a determination by a Public Official, or by a person or entity working in cooperation with a Public Official, with respect to the solicitation, award or administration of a grant, loan or agreement involving the disbursement of Public Monies in excess of $15,000.

(c) Threshold for Filing. Disbursement of Public Monies Reports are only required if Attempts to Influence the disbursement have occurred during the relevant filing period.

(d) Due Dates. Disbursement of Public Monies Reports are to be filed bi-monthly in accordance with the same schedule applicable to the filing of Bi-Monthly Reports provided in section 943.11.

(e) Filing Fee. There is no filing fee for a Disbursement of Public Monies Report.

(f) Contents. Each Disbursement of Public Monies Report must include:

(1) the name, address, e-mail address, and telephone number of the Lobbyist and the individuals employed by the Lobbyist engaged in such Public Monies Lobbying Activities;

(2) the name, address, e-mail address, and telephone number of the Client by whom or on whose behalf the Lobbyist is retained, employed or designated on whose behalf the Lobbyist has engaged in Lobbying reportable under this subdivision

(i) If the Report relates to Lobbying on behalf of a Structured Coalition or a Member of an Unstructured Coalition, the Client information for Contractual and Beneficial Clients shall be governed by the rules set forth in Section 943.9(h)(3)(iv) and (v);

(3) the identities of any Co-Lobbyists or Sub-Lobbyists, as described in subsection 943.9(h), if applicable;

(4) a description of the grant, loan, or agreement involving the disbursement of Public Monies on which the Lobbyist has lobbied;

(5) the name of the person, organization, or legislative body before which the Lobbyist has engaged in Lobbying reportable under this subdivision; and

(6) all reportable Compensation paid or owed to the Lobbyist, and any Expenses expended, received or incurred by the Lobbyist for the purpose of Lobbying Activities related to disbursements of public monies, reportable under this section.

(g) Withdrawals.

(1) A Lobbyist may request that a Disbursement of Public Monies Report be withdrawn, provided the request is made consistent with and meets the criteria set forth in procedures implemented by the Commission.

(2) A Disbursement of Public Monies Report that has been withdrawn pursuant to this subpart is not considered information provided by a Lobbyist under Section 1-s of the Lobbying Act.

(h) A Lobbyist has a duty to amend a Disbursement of Public Monies Report after a change to the information filed, including when a previously reported payment is written down, written off, or otherwise modified for bookkeeping purposes.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 943.13

Adopted New York State Register May 9, 2018/Volume XL, Issue 19, eff. 1/1/2019

Amended New York State Register February 10, 2021/Volume XLIII, Issue 06, eff. 2/10/2021