N.Y. Executive Law Section 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 Legislative Law § 1-C (Definitions)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 Election Law § 14-106 (Political communication)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.

Source: Section 109 — Registration of certain service providers, https://www.­nysenate.­gov/legislation/laws/EXC/109 (updated Oct. 28, 2016; accessed Oct. 26, 2024).

90
Department of state 91
Rules 92
Deputies 93
Custody of records 93‑A
Examination of reports 94
Commission on ethics and lobbying in government 94‑A
Consumer protection division 94‑B
Office for new Americans 94‑D
New York Asian American and Pacific Islander commission 95
Legislative manual 96
Fees and refunds 96‑A
Fees for services rendered pursuant to the uniform commercial code 97
Completing unfinished papers 97‑A
Affirmation in lieu of oath 98
Copies of amendments to rules for admission of attorneys 99
Central state registry of security guards 100
Central state registry of armored car guards 100‑A
Information on state agencies pertaining to persons subjected to section seventy-three-a of the public officers law and who hold policy-m... 100‑B
Business entity database 101
Accessibility, rules and regulations 101‑A
Legislative notification of the proposed adoption, amendment, suspension or repeal of agency rules 101‑B
Application by municipal corporations for the suspension of certain rules 102
Filing and publication of codes, rules and regulations 103
Future editions and supplements of official compilations 104
Departmental cooperation 104‑A
Departmental cooperation regarding water quality 105
Changes in codes, rules or regulations 106
Proof of codes, rules and regulations 106‑A
Internet access to the New York code, rules and regulations 107
Intergovernmental agreements 108
Address confidentiality program 109
Registration of certain service providers 110
Administration of certain monies 130
Appointment of notaries public 131
Procedure of appointment 132
Certificates of official character of notaries public 133
Certification of notarial signatures 134
Signature and seal of county clerk 135
Powers and duties 135‑A
Notary public or commissioner of deeds 135‑B
Advertising by notaries public 135‑C
Electronic notarization 136
Notarial fees 137
Statement as to authority of notaries public 138
Powers of notaries public or other officers who are stockholders, directors, officers or employees of a corporation 139
Commissioners of deeds within the state 140
Commissioners of deeds in the city of New York 141
Commissioners of deeds in other states, territories and foreign countries 142
Powers of such commissioners 142‑A
Validity of acts of notaries public and commissioners of deeds notwithstanding certain defects 143
Fees of such commissioners 144
Saving clause 144‑A
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Accessed:
Oct. 26, 2024

Last modified:
Oct. 28, 2016

§ 109’s source at nysenate​.gov

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