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Law Governing Lobbying

Introduction
Fees
Who is a Lobbyist?
Who is a Client?
Lobbying Defined
Requirement for the Lobbyist to Register
Requirement for the Client to Register
Requirement for the Filing of Reports
Method of Registration and Filing Reports
Termination of a Client
No Contingent Retainers
Retention of Records
Violations of the Lobbying Law
Extensions of Filing Deadlines
Penalties
Administrative Code of the City of New York
Rules of the City of New York
Archive of Prior Versions of the Lobbying Law

Introduction

  • Lobbying in the City of New York is governed by the Administrative Code of the City of New York and the Rules of the City of New York.
  • This page contains links to the actual text of the relevant sections of the Code and the Rules that pertain to lobbying.
  • There follows an outline to explain the basic elements of the Lobbying Law and Rules.

Fees
The fee to file a Statement of Registration is $150 for the first Client registered and $50 for each additional Client registered by check, credit card or money order payable to the City Clerk.

Who is a Lobbyist?
A Lobbyist is defined as every person or organization retained, employed, or designated by a Client to engage in lobbying.

Who is a Client?
A Client is every person or organization who retains, employs, or designates any person or organization to carry on lobbying activities on behalf of such Client.

Lobbying Defined
Lobbying is the attempt to influence the following eight types of actions:

  1. Approval or disapproval of a local law or resolution by the City Council;
  2. Approval or disapproval of a local law or resolution by the Mayor;
  3. Any determination by an elected City official or City employee concerning procurement of goods, services, or construction;
  4. Any determination by elected officials, the City planning commission, a borough president, a borough board, or a community board concerning zoning or the use, development, or improvement of real property subject to City regulation;
  5. Any determination by an elected City official or any officer or City employee with respect to the terms of acquisition or disposition by the City of any interest in real property with respect to its licensing or permitting, or to a franchise, concession, or revocable consent;
  6. An agency rule adoption, amendment, or rejection;
  7. The outcome of a rate-making proceeding before an agency; or
  8. The determination of a board or commission.

The preceding definitions are a synopsis of the legal definitions for lobbying. For the complete definition of lobbying, please refer to the Administrative Code of the City of New York, Section 3-211 as well as Advisory Opinions prepared by the Lobbying Bureau.

Requirement for the Lobbyist to Register

  • The requirement for a Lobbyist to register occurs when a Lobbyist earns, receives, or expends $2,000 in compensation or expenses.
  • The $2,000 is cumulative and if this threshold is reached, the requirement that the Lobbyist registers is triggered.
  • A Lobbyist who knows or reasonably believes by December 15 of the present year that they will need to register as Lobbyist in the upcoming year should register by January 1st of that upcoming year.
  • All other Lobbyists must register by filing a Statement of Registration within 15 days from being retained but no later than 10 days from actually incurring or receiving reportable compensation and expenses.

Requirement for the Client to Register

  • If you have retained a Lobbyist to lobby on your behalf and they are required to register, you must also register.
  • Clients are required to register and report on an annual basis.
  • A Client Annual Report summarizes the Client's lobbying activities for the entire year.

Requirement for the Filing of Reports

  • Once a Lobbyist has filed a Statement of Registration, a Lobbyist is responsible for filing the following reports:
  • Once a Lobbyist has filed a Statement of Registration, a Client is responsible for filing the Client Annual Report.

Method of Registration and Filing Reports

  • All Lobbyist and Clients who must register must use the new e-Lobbyist reporting system.
  • The e-Lobbyist system is designed to assist you during the registration and reporting process by asking you questions and providing the fields necessary to answer each question.
  • In order to use e-Lobbyist for the first time, each Lobbyist and Client must enroll into the system. Enrollment is a one-time process and is not repeated in any subsequent year.
  • Enrollment requires that the Principal Officer for each Lobbyist and Client provide pertinent information about each entity.
  • Once this process is completed, the Principal Officer receives two emails from the Lobbying Bureau: a completion deadline email and a password email.
  • The completion deadline email instructs the Lobbyist or Client to send a voided check to the Lobbying Bureau in the time required. This email is submitted with the voided check to the Lobbying Bureau.
  • Enrollment is completed once a staff member of the Lobbying Bureau receives the completion deadline email and voided check and accepts it into the e-Lobbyist system. Once the enrollment is accepted, the Principal Officer may proceed with the registration or other required filings.
  • The password email enables the Principal Officer to log on to e-Lobbyist and submit filings.
  • Enter e-Lobbyist

Termination of a Client

  • A Lobbyist and Client must give written notice to the Office of the City Clerk within 30 days after the Lobbyist ceases the lobbying activity that required the Lobbyist to register.
  • After the Termination is filed, the Lobbyist must report the lobbying activity that occurred in the last reporting period up to the date that the lobbying activity ceased.
  • Even after the Termination has been filed with the City Clerk, both the Lobbyist and the Client must file annual reports for the year of Termination.

No Contingent Retainers

  • Clients are not permitted to retain or employ any Lobbyist for compensation if the rate or amount of compensation is partly or wholly contingent or dependent upon the Lobbyist's results in influencing any City legislative, executive, or administrative action.
  • Lobbyists are not permitted to accept any such retainer or employment.

Retention of Records
Lobbyists must keep for at least five years a detailed and exact account of:

  • All compensation of any amount and value of any kind;
  • Names and addresses of every person paying or promising to pay compensation of $50 or more and the date of that promise;
  • All expenditures made by or on behalf of the Client; and
  • Names and addresses of every person to whom any item of expenditure over $50 is made, and a receipted bill for each expenditure.

Violations of the Lobbying Law
Lobbyists and Clients are subject for penalty for violations of the Lobbying Law that include, but are not limited to, the following:

  • Failure of a Lobbyist to register, or failure of a Lobbyist to register a Client;
  • Failure to submit any required disclosure report;
  • Late filing of any registration or report;
  • Failure to complete any section or portion of a report;
  • Failure to supply the correct information in any report;
  • Failure to pay any required fee;

Failure to pay a penalty in a stated period of time may result in payment of an additional penalty if the initial penalty so provides.

Extensions of Filing Deadlines
A Lobbyist or Client may request an extension in the filing of a Lobbyist or Client report, respectively, if:

  • The Lobbyist or Client can show good cause;
  • The request for an extension is made in writing; and
  • The request is made no later than two business days before the deadline.

Penalties
Any person or organization that violates the Lobbying Law is subject to the following penalties:

  • Any person or organization who knowingly or willfully violates any provision of the Lobbying Law:
    • shall be guilty of a Class A misdemeanor, and
    • shall be subject to a civil penalty of up to $30,000 to be assessed by the City Clerk, or
    • an order to cease and desist from all lobbying activities for a period of time as determined by the City Clerk, or
    • both the above-mentioned civil penalty and cease and desist order.
  • Any person or organization who violates a cease and desist order of the City Clerk or who enters into a Contingent Retainer or accepts or pays any contingency fees:
    • shall be guilty of a Class A misdemeanor, and
    • shall be subject to a civil penalty of up to $30,000 to be assessed by the City Clerk.
  • Any person or organization who fails to make and file any statement or report required by the Lobbying Law will be notified by the City Clerk of such failure by certified mail. The filing must be made within 14 business days of the mailing of such notice. Any person or organization who fails to file any statement or report within the 14 day period:
    • shall be guilty of a Class A misdemeanor, and
    • shall be subject to a civil penalty of up to $20,000 to be assessed by the City Clerk.
  • In addition to the above penalties, any Lobbyist or Client who fails to file in a timely manner any statement or report required by the Lobbying Laws or Rules shall be subject to late penalties as follows:
    • Any person or organization that has never previously filed a statement of registration or any other report and is filing for the first time shall be charged a late fee of $10 per day, per Client, for each day the required filing is late.
    • Any other person or organization shall be charged a late filing fee of $25 per day, per Client.

    Administrative Code of the City of New York
    Get the full text of the City's Lobbying Law contained in the Administrative Code of the City of New York.

    Rules of the City of New York
    Get the full text of the City's Rules promulgated by the Office of the City Clerk.

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