Requires lobbyist business records to be retained for 3 biennial filing periods rather than for 3 years

1 Co-sponsor

• Liz Krueger

Title of bill

An act to amend the legislative law, in relation to adjusting the time period for which business records and relevant documents must be retained

Purpose

To require lobbyists and clients to retain all business records and relevant documents for three biennial filing periods and to require the Commission to retain all lobbyist and client filings for three biennial filing periods.

Summary of provisions

Section one amends paragraph (i) of subdivision (b) of section 1-e of the Legislative Law by removing the term "years" and replacing it with the phrase "biennial filing periods.

Section two amends paragraph 3 of subdivision (c) of section 1-e of the Legislative Law by removing the term "years" and replacing it with the phrase "biennial filing periods.

Section three amends subparagraph (v) of paragraph 5 of subdivision (b) of section 1-h of the Legislative Law by removing the term "years" and replacing it with the phrase "biennial filing periods.

Section four amends paragraph 2 of subdivision (c) of section 1-h of the Legislative Law by removing the term "years" and replacing it with the phrase "biennial filing periods.

Section five amends subparagraph (v) of paragraph 6 of subdivision (b) of section 1-i of the Legislative Law by removing the term "years" and replacing it with the phrase "biennial filing periods.

Section six amends paragraph 2 of subdivision (c) of section 1-i of the Legislative Law by removing the term "years" and replacing it with the phrase "biennial filing periods.

Section seven amends subparagraph (v) of paragraph 5 of subdivision (b) of section 1-j of the Legislative Law by removing the term "years" and replacing it with the phrase "biennial filing periods.

Section eight amends paragraph 2 of subdivision (c) of section 1-j of the Legislative Law by removing the term "years" and replacing it with the phrase "biennial filing periods.

Section nine provides for an immediate effective date.

Existing law

All sections of the Legislative law cited above contain the phrase "a period of three years" or the phrase "three years," in relation to the retention of lobbying records by lobbyists, clients, public corporations and the Commission.

Prior legislative history

This is a new proposal.

Statement in support

Maintaining business records for six to seven years is a common and necessary practice in today's business world. Presently, the law requires the Commission to maintain filing records for clients and lobbyists for three biennial periods for the purpose of making such records available for public inspection. Conversely, lobbyists and clients are only required to maintain records for a three year period. In addition, the Commission's statutory random audit program requires the Commission to conduct audits of lobbyist and client filings. While the Commission could pool from a potential database of three biennial reporting periods, it is only able to draw from the two most recent biennial periods. Even this reduced database could result in an audit of a four year old record which the client/lobbyist is not required to maintain. Accordingly, in some cases, it is impossible for the Commission to meet its statutory obligation for conducting certain audits. This legislative proposal would coordinate the record retention periods and thereby enable the Commission to fully execute its statutory obligation and insure the integrity of the information being filed.

Budget implications

None.

Effective date

This act shall take effect immediately.