§ 109 — Registration of certain service providers

§ 109. Registration of certain service providers. 1. For purposes of\nthis section:\n (a) "Client" shall mean a person or entity who in the preceding\ncalendar year retained or hired the political consultant relating to\nmatters before any state or local government agency, authority or\nofficial, including services, advice or consultation relating to any\nstate or local government contract for real property, goods or services,\nan appearance in a ratemaking proceeding, an appearance in a regulatory\nmatter, or an appearance in a legislative matter other than matters\ndescribed in subparagraph (E) of the second undesignated paragraph of\nsubdivision (c) of section one-c of the legislative law.\n (b) "Political consulting services" shall mean services provided by a\npolitical consultant to or on behalf of an elected public official in\nNew York state or to or on behalf of a candidate for elected office in\nNew York state, or to or on behalf of a person nominated for elected\npublic office which services: (1) assist or are intended to assist in a\ncampaign for nomination for election or election to office in New York\nstate, including fundraising activities, voter outreach, composition and\ndistribution of promotional literature, advertisements, or other similar\ncommunications, as set forth in section 14-106 of the election law, or\n(2) consist of political advice to an elected public official or\ncandidate for elected public office in New York state or person\nnominated for elected public office; provided, however, that political\nconsulting services shall not include bona fide legal work directly\nrelated to litigation or legal advice with regard to securing a place on\nthe ballot, the petitioning process, the conduct of an election, or\nwhich involves the election law.\n (c) "Political consultant" shall mean a person who holds himself or\nherself out to persons in this state as a person who performs political\nconsulting services in a professional capacity and who is usually\ncompensated, excluding reimbursement for expenses, for such services.\n 2. The secretary of state shall promulgate rules and regulations\nprescribing a registration form to be used by any political consultant\nwho provides political consulting services to a sitting elected public\nofficial, candidate for elected public office or person nominated for\nelected public office and who has also been retained by a client for\nsuch services.\n 3. Such registration form shall identify:\n (a) the name, address, and telephone number of the political\nconsultant;\n (b) the name, address, and telephone number of each sitting elected\npublic official, candidate for elected public office, and person\nnominated for elected public office who the political consultant\nprovided political consulting services to;\n (c) the name, address, and telephone number of each client who retains\nor hires a political consultant in the preceding calendar year provided,\nthat in the event the client is an entity, at least one natural person\nwho has a controlling interest in such entity shall be identified; and\n (d) a brief description of the nature of the political consulting\nservices provided to each identified client.\n 4. Such registration shall be filed with the department of state and\nshall cover a six month reporting period. The reporting period shall\nmean the six month period within a calendar year starting January first\nand ending June thirtieth or the six month period within a calendar year\nstarting July first and ending December thirty-first.\n 5. The secretary of state shall post the completed forms on the\ndepartment of state's website within thirty days of the close of each\nreporting period.\n 6. The department of state may impose a civil penalty of up to seven\nhundred fifty dollars upon any political consultant who fails to file a\nregistration required by this section provided, however, that the\nsecretary shall provide such political consultant a reasonable\nopportunity to cure such a failure.\n 7. The department of state shall adopt, amend and rescind rules and\nregulations defining the degree and extent of political consulting\nservices necessary to require the reporting pursuant to this section.\n