2009-2010 Lobbyist Registration and Reporting Information
TO: Registered Lobbyists
FROM: Herbert Teitelbaum, Executive Director
DATE: December 5, 2008
RE: 2009-2010 Lobbyist Registration and Reporting Information
2009-2010 Registration Filing Requirements: If you reasonably anticipate expending, incurring or receiving more than $5,000 of combined reportable compensation and expenses for lobbying in any calendar year, a biennial Lobbyist Statement of Registration must be submitted by January 2, 2009, regardless of when the $5,000 threshold is reached during the biennial cycle. For those lobbyists retained, employed or designated after December 15, 2008, such filing must be completed within fifteen days thereafter, but in no event later than ten days after the actual incurring or receiving of such reportable compensation and expenses.
Each Lobbyist Statement of Registration must be accompanied by a $200, non-refundable, filing fee. Any filing fees paid by check must be paid separately from other filings; i.e., one check per filing, made payable to the New York State Commission on Public Integrity. Any check that includes filing fees for more than one report will be returned to you by the Commission. Filing fees may be paid online with Visa, MasterCard or American Express, provided you file electronically.
All lobbyists filing online should carefully review their Lobbyist Profile to ensure all information is accurate prior to submitting a 2009-2010 biennial registration.
IMPORTANT: The Lobbying Act provides that the chief administrative officer of any organization required to file a statement or report is the person responsible for making and filing such statement or report, even if some other person has been designated by the organization to make and file such statement or report. Please note, a designation of such other person does not relieve the chief administrative officer of liability due to a failure to file, late filing, or false filing of any report(s).
The Lobbying Act requires that a copy of a signed, written lobbying agreement or written authorization, be submitted with each registration. Such agreement or authorization must specify the period of the year or biennial period covered (i.e., authorization is valid for 2009-2010 biennial registration period) and must disclose the terms and amount of compensation. If the lobbyist is retained by the organization, the actual compensation must be reported. If the retainer is based on a daily or hourly rate, the fee per day or per hour must be reported. If the lobbyist is a salaried employee of the organization, the lobbyist's prorated salary for lobbying activity must be reported.
If you do not have a written lobbying agreement, a written authorization, signed by the chief administrative officer of the client or employer, may be substituted and must be submitted together with a written summary of your oral agreement. The terms and amounts of your compensation or salary must be disclosed. Authorizations that are not signed by the chief administrative officer of the client will not be accepted.
Registrations will be considered incomplete without a copy of the agreement or written authorization to lobby from the client.
The agreement or authorization start date is the first date the agreement or authorization is in effect. The end date is the last date the agreement or authorization is in effect. These dates do not have to coincide with the beginning or end of a calendar year, or a biennial registration period. For open-ended agreements, you must show the beginning and end of the calendar year or biennial period for which you are registering.
Please note: Any registration submitted to the Commission that is not complete (i.e., no Lobbyist Statement of Registration (Amendment) form, no authorization, no signature, no registration fee) will be returned and will not extend the due date for submission.
A lobbyist may not engage in lobbying activity or receive compensation prior to completing registration, and registration is not complete until an executed copy of the agreement or a written authorization is received by the Commission.
In the event negotiations or other events delay the timely execution of an agreement or authorization, the lobbyist should register (or file a registration amendment) and file a memorandum of agreement/authorization to lobby, signed by the client, prior to engaging in lobbying activity. The finalized agreement should be filed promptly upon its execution. (Please see the Commission’s website for a ‘sample’ memorandum of agreement/authorization to lobby.)
If, at any time before December 31, 2010, the end date of your agreement or authorization has been reached, but the agreement or authorization is extended, then a Lobbyist Statement of Registration Amendment with an agreement or authorization extension must be filed within ten (10) days of such amendment. In the alternative, if the agreement or authorization is terminated, Section 1-g of the Lobbying Act requires written notification from both the lobbyist and the client within thirty (30) days after the lobbyist ceases lobbying activity.
Those filing online have the option of either mailing in a copy of the signed agreement or authorization, or uploading a scanned copy of the signed agreement or authorization to attach to their filing. Mailed-in agreements or authorizations must have the registration confirmation number written on the top page. Agreements or authorizations can be uploaded during the completion of the individual registration or through the "Manage Contract" section of the Lobbyist menu.
Bimonthly Reports are required to be filed by the 15th day of the month following the end of the reporting period in which the lobbyist was first required to file a Statement of Registration during the biennial period. Please note: There is NO minimum threshold requirement for filing any bimonthly report. Consequently, all bimonthly reports are required to be filed for a registration period, unless the registration has been terminated. If, in fact, your agreement or authorization has terminated, you are required to comply with the bimonthly reporting requirements up to the date of termination.
If you already file online, there is no need to request a new User ID and password, unless the responsible person has changed. In that case, we urge you to submit your Profile Update immediately to avoid delaying your electronic filing of the 2009-2010 Lobbyist Statement of Registration, which is due January 2, 2009.
Please be advised, the Commission sends informational bulletins from the following e-mail addresses: cpi@nyintegrity.org, helpdesk@nyintegrity.org and education@nyintegrity.org. Please check all spam controls, firewall settings and blocked sender lists/white lists to ensure they accept delivery from the Commission’s e-mail addresses.
All Commission reporting forms and instructions are available on the Commission’s website. Always check our website for the most up-to-date information and latest forms at www.nyintegrity.org.
If you have any questions regarding reporting requirements, or the online filing system, please contact Commission staff at (518) 408-3976. The Commission’s Training and Educational Services Unit is also available to assist you with a variety of class schedules, as well as provide any assistance you may require regarding the use of the online filing system.