2023 New York Laws › EXC - Executive › Article 6 - Department of State › 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.