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.