Bill Text: NY A07657 | 2013-2014 | General Assembly | Amended
Bill Title: Prohibits certain lobbyists from engaging in political consulting for state public officials or candidates for state office, and prohibits political consultants or anyone they are affiliated with from lobbying state officers; requires election financial disclosure statements to include a listing of all political consulting services provided to a campaign.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - referred to governmental operations [A07657 Detail]
Download: New_York-2013-A07657-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7657--A
2013-2014 Regular Sessions
I N A S S E M B L Y
May 29, 2013
___________
Introduced by M. of A. GALEF -- read once and referred to the Committee
on Governmental Operations -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the legislative law, in relation to prohibiting lobby-
ists from engaging in political consulting of candidates for and hold-
ers of state office and prohibiting certain political consultants from
engaging in lobbying; and to amend the election law, in relation to
requiring the reporting of the provision of political consulting
services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 1-c of the legislative law is amended by adding a
2 new subdivision (x) to read as follows:
3 (X) THE TERM "POLITICAL CONSULTING" SHALL MEAN AND INCLUDE THE
4 PROVISION, FOR COMPENSATION, TO ANY STATE PUBLIC OFFICIAL, CANDIDATE OR
5 PROSPECTIVE CANDIDATE FOR AN ELECTED STATE OFFICE OF ADVICE, SERVICES OR
6 ASSISTANCE IN SECURING SUCH PUBLIC OFFICE INCLUDING, BUT NOT LIMITED TO,
7 CAMPAIGN MANAGEMENT, FUNDRAISING ACTIVITIES, PUBLIC RELATIONS OR MEDIA
8 SERVICES, BUT SHALL EXCLUDE BONA FIDE LEGAL WORK DIRECTLY RELATED TO
9 LITIGATION OR LEGAL ADVICE WITH REGARD TO SECURING A PLACE ON THE
10 BALLOT, THE PETITIONING PROCESS, THE CONDUCT OF AN ELECTION OR WHICH
11 INVOLVES THE ELECTION LAW.
12 S 2. Section 1-m of the legislative law, as added by chapter 14 of the
13 laws of 2007, is amended to read as follows:
14 S 1-m. Prohibition of gifts AND POLITICAL CONSULTING. (A) No individ-
15 ual or entity required to be listed on a statement of registration
16 pursuant to this article shall offer or give a gift to any public offi-
17 cial as defined within this article, unless under the circumstances it
18 is not reasonable to infer that the gift was intended to influence such
19 public official. No individual or entity required to be listed on a
20 statement of registration pursuant to this article shall offer or give a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10467-05-3
A. 7657--A 2
1 gift to the spouse or unemancipated child of any public official as
2 defined within this article under circumstances where it is reasonable
3 to infer that the gift was intended to influence such public official.
4 No spouse or unemancipated child of an individual required to be listed
5 on a statement of registration pursuant to this article shall offer or
6 give a gift to a public official under circumstances where it is reason-
7 able to infer that the gift was intended to influence such public offi-
8 cial. This section shall not apply to gifts to officers, members or
9 directors of boards, commissions, councils, public authorities or public
10 benefit corporations who receive no compensation or are compensated on a
11 per diem basis, unless the person listed on the statement of registra-
12 tion appears or has matters pending before the board, commission or
13 council on which the recipient sits.
14 (B) NO PERSON OR ORGANIZATION THAT IS ENGAGED IN LOBBYING OR LOBBYING
15 ACTIVITIES SHALL ENGAGE IN POLITICAL CONSULTING FOR ANY STATE PUBLIC
16 OFFICIAL, CANDIDATE OR PROSPECTIVE CANDIDATE FOR AN ELECTED STATE
17 OFFICE; PROVIDED, HOWEVER THAT A PERSON OR ORGANIZATION THAT IS ENGAGED
18 SOLELY IN THE LOBBYING OF OR LOBBYING ACTIVITIES RELATED TO MUNICIPAL
19 AGENCIES, LOCAL LEGISLATIVE BODIES AND MUNICIPAL PUBLIC OFFICERS, AND
20 DOES NOT ENGAGE IN THE LOBBYING OF OR LOBBYING ACTIVITIES RELATED TO
21 STATE AGENCIES AND STATE PUBLIC OFFICIALS, MAY ENGAGE IN SUCH POLITICAL
22 CONSULTING FOR MUNICIPAL PUBLIC OFFICIALS.
23 (C) NO PERSON OR ORGANIZATION THAT IS ENGAGED IN POLITICAL CONSULTING
24 FOR ANY STATE PUBLIC OFFICIAL, CANDIDATE OR PROSPECTIVE CANDIDATE FOR AN
25 ELECTED STATE OFFICE SHALL BE EMPLOYED BY, BE AFFILIATED WITH OR BE
26 UNDER COMMON OWNERSHIP WITH ANY PERSON OR ORGANIZATION ENGAGED IN LOBBY-
27 ING OR LOBBYING ACTIVITIES, EXCEPT AS OTHERWISE AUTHORIZED BY SUBDIVI-
28 SION (B) OF THIS SECTION.
29 S 3. Subdivision (h) of section 1-c of the legislative law, as added
30 by chapter 2 of the laws of 1999, is amended to read as follows:
31 (h) The term "compensation" shall mean any salary, fee, gift, payment,
32 benefit, loan, advance or any other thing of value paid, owed, given or
33 promised to the lobbyist OR POLITICAL CONSULTANT by the client for
34 lobbying OR POLITICAL CONSULTING but shall not include contributions
35 reportable pursuant to article fourteen of the election law.
36 S 4. Section 14-100 of the election law is amended by adding two new
37 subdivisions 12 and 13 to read as follows:
38 12. "POLITICAL CONSULTING" MEANS AND INCLUDES THE PROVISION FOR
39 COMPENSATION, TO ANY POLITICAL COMMITTEE OR CANDIDATE OF ADVICE,
40 SERVICES OR ASSISTANCE IN SECURING STATE PUBLIC OFFICE INCLUDING, BUT
41 NOT LIMITED TO, CAMPAIGN MANAGEMENT, FUNDRAISING ACTIVITIES, PUBLIC
42 RELATIONS OR MEDIA SERVICES, BUT SHALL EXCLUDE LEGAL WORK DIRECTLY
43 RELATED TO LITIGATION OR LEGAL ADVICE WITH REGARD TO SECURING A PLACE ON
44 THE BALLOT, THE PETITIONING PROCESS, THE CONDUCT OF AN ELECTION OR WHICH
45 INVOLVES THIS CHAPTER.
46 13. "COMPENSATION" MEANS ANY SALARY, FEE, GIFT, PAYMENT, BENEFIT,
47 LOAN, ADVANCE OR ANY OTHER THING OF VALUE PAID, OWED, GIVEN OR PROMISED,
48 BUT SHALL NOT INCLUDE CONTRIBUTIONS REPORTABLE PURSUANT TO THIS ARTICLE.
49 S 5. Subdivision 1 of section 14-102 of the election law, as amended
50 by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
51 laws of 1978, is amended to read as follows:
52 1. The treasurer of every political committee which, or any officer,
53 member or agent of any such committee who, in connection with any
54 election, receives or expends any money or other valuable thing or
55 incurs any liability to pay money or its equivalent shall file state-
56 ments sworn, or subscribed and bearing a form notice that false state-
A. 7657--A 3
1 ments made therein are punishable as a class A misdemeanor pursuant to
2 section 210.45 of the penal law, at the times prescribed by this article
3 setting forth all the receipts, contributions to and the expenditures by
4 and liabilities of the committee, and of its officers, members and
5 agents in its behalf. Such statements shall include the dollar amount of
6 any receipt, contribution or transfer, or the fair market value of any
7 receipt, contribution or transfer, which is other than of money, the
8 name and address of the transferor, contributor or person from whom
9 received, and if the transferor, contributor or person is a political
10 committee; the name of and the political unit represented by the commit-
11 tee, the date of its receipt, the dollar amount of every expenditure,
12 the name and address of the person to whom it was made or the name of
13 and the political unit represented by the committee to which it was made
14 and the date thereof, and shall state clearly the purpose of such
15 expenditure. FURTHERMORE, SUCH STATEMENTS SHALL INCLUDE A LIST OF ALL
16 PERSONS AND ORGANIZATIONS WHICH PROVIDED POLITICAL CONSULTING SERVICES,
17 AND THE FAIR MARKET VALUE OF AND THE ACTUAL AMOUNT PAID TO EACH SUCH
18 PERSON AND ORGANIZATION FOR THE PROVISION OF POLITICAL CONSULTING
19 SERVICES. Any statement reporting a loan shall have attached to it a
20 copy of the evidence of indebtedness. Expenditures in sums under fifty
21 dollars need not be specifically accounted for by separate items in said
22 statements, and receipts and contributions aggregating not more than
23 ninety-nine dollars, from any one contributor need not be specifically
24 accounted for by separate items in said statements, provided however,
25 that such expenditures, receipts and contributions shall be subject to
26 the other provisions of section 14-118 of this article.
27 S 6. Subdivision 1 of section 14-104 of the election law, as amended
28 by chapter 430 of the laws of 1997, is amended to read as follows:
29 1. Any candidate for election to public office, or for nomination for
30 public office at a contested primary election or convention, or for
31 election to a party position at a primary election, shall file state-
32 ments sworn, or subscribed and bearing a form notice that false state-
33 ments made therein are punishable as a class A misdemeanor pursuant to
34 section 210.45 of the penal law, at the times prescribed by this article
35 setting forth the particulars specified by section 14-102 of this arti-
36 cle, as to all moneys or other valuable things, paid, given, expended or
37 promised by him OR HER to aid his OR HER own nomination or election, or
38 to promote the success or defeat of a political party, or to aid or
39 influence the nomination or election or the defeat of any other candi-
40 date to be voted for at the election or primary election or at a conven-
41 tion, including contributions to political committees, officers, members
42 or agents thereof, and transfers, receipts and contributions to him to
43 be used for any of the purposes above specified, or in lieu thereof, any
44 such candidate may file such a sworn statement at the first filing peri-
45 od, on a form prescribed by the state board of elections that such
46 candidate has made no such expenditures and does not intend to make any
47 such expenditures, except through a political committee authorized by
48 such candidate pursuant to this article. FURTHERMORE, SUCH STATEMENTS
49 SHALL INCLUDE A LIST OF ALL PERSONS AND ORGANIZATIONS WHICH PROVIDED
50 POLITICAL CONSULTING SERVICES, AND THE FAIR MARKET VALUE OF AND THE
51 ACTUAL AMOUNT PAID TO EACH SUCH PERSON AND ORGANIZATION FOR THE
52 PROVISION OF POLITICAL CONSULTING SERVICES. A committee authorized by
53 such a candidate may fulfill all of the filing requirements of this act
54 on behalf of such candidate.
55 S 7. This act shall take effect on the thirtieth day after it shall
56 have become a law.
