NYC Revises Lobbying Laws
In mid-December, outgoing New York City Mayor Michael Bloomberg signed a measure
(Int. 1172-A) amending the city’s lobbying laws.
While not nearly as significant as the 2006 changes to the city’s lobbying laws, the new law does make some significant changes to current law. These include:
- Expanding and clarifying the definition of lobbying and lobbying activities to include any determination by the City Council, by any individual council member, or by the Mayor’s Office. Notably, the expanded definition include attempts to influence decisions by city officials, officers, or employees to, in their official capacity, support or oppose federal or state legislation or rulemaking;
- Directing the City Clerk to take steps to identify lobbyists who are not registered with the city through a review of state and city public records, including JCOPE filings, notice of appearances file by city agencies, and the city’s “doing business database,” and to require the creation of an online training program for lobbyists;
- Establishing an amnesty program that will give small nonprofit organizations the opportunity to disclose past restricted lobbying activity without penalty; and
- Increasing the minimum spending threshold to trigger the lobbying law’s reporting requirements from $2,000 per year to $5,000 per year;
- Creating a more limited periodic filing requirement for certain organizations that lobby solely on their own behalf, do not use outside lobbyists, and spend between $5,000 and $10,000 per year on lobbying expenses — such organizations and individuals must file two periodic reports, rather than the usual six; and
- Instituting a mandatory training program for lobbyists. Lobbying organizations with five or more employees that engage in lobbying, and with thirty or more clients, at least two employees must complete the training program every two years. At least one of these employees must have engaged in lobbying within one year prior to the date of the training. For smaller firms, firms with fewer clients, or individuals who lobby and are required to register, at least one employee must complete the training every two years.
Most of the changes will go into effect on May 8, 2014, though some (such as the increased registration threshold) will take effect on January 1, 2014.