Bill Text: NY A07043 | 2019-2020 | General Assembly | Introduced


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: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced) 2019-04-03 - referred to governmental operations [A07043 Detail]

Download: New_York-2019-A07043-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7043
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      April 3, 2019
                                       ___________
        Introduced by M. of A. GALEF, PAULIN, WOERNER, FERNANDEZ, FRIEND -- read
          once and referred to the Committee on Governmental Operations
        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 compensated lobbying and lobbying activities; 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    § 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    § 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
    21  gift to the spouse or unemancipated child  of  any  public  official  as
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10599-01-9

        A. 7043                             2
     1  defined  within  this article under circumstances where it is reasonable
     2  to infer that the gift was intended to influence such  public  official.
     3  No  spouse or unemancipated child of an individual required to be listed
     4  on  a  statement of registration pursuant to this article shall offer or
     5  give a gift to a public official under circumstances where it is reason-
     6  able to infer that the gift was intended to influence such public  offi-
     7  cial.  This  section  shall  not  apply to gifts to officers, members or
     8  directors of boards, commissions, councils, public authorities or public
     9  benefit corporations who receive no compensation or are compensated on a
    10  per diem basis, unless the person listed on the statement  of  registra-
    11  tion  appears  or  has  matters  pending before the board, commission or
    12  council on which the recipient sits.
    13    (b) No person or organization  that  has  been  retained  or  received
    14  compensation  for  political  consulting,  is  an  individual who has an
    15  ownership interest in a political  consulting  organization,  or  is  an
    16  employee  of the political consultant shall engage in compensated lobby-
    17  ing or lobbying activities with any state public official, candidate, or
    18  prospective candidate for elected office who  is  a  current  or  former
    19  client  of  the political consultant; provided, however that a person or
    20  organization that is engaged solely  in  the  lobbying  of  or  lobbying
    21  activities  related  to municipal agencies, local legislative bodies and
    22  municipal public officers, and does not engage in  the  lobbying  of  or
    23  lobbying  activities  related  to  state agencies and state public offi-
    24  cials, may engage in such  political  consulting  for  municipal  public
    25  officials.
    26    (c) No person or organization that is engaged in compensated political
    27  consulting  for  any  state  public  official,  candidate or prospective
    28  candidate for an elected state office shall be employed  by,  be  affil-
    29  iated  with or be under common ownership with any person or organization
    30  engaged in compensated lobbying or lobbying activities, except as other-
    31  wise authorized by subdivision (b) of this section.
    32    (d) (1) This prohibition shall not apply to:
    33    (A) an employee of the political  consultant  whose  sole  duties  are
    34  clerical; or
    35    (B)  an  employee  of  the political consultant who did not personally
    36  provide political consulting services  to  the  state  public  official,
    37  candidate  or prospective candidate for a state elected office with whom
    38  the employee seeks to communicate for lobbying or lobbying activities.
    39    (2) The exceptions in paragraph one  of  this  subdivision  shall  not
    40  apply  to  any  person  who  communicates  with a state public official,
    41  candidate, or prospective candidate for a state elected office in his or
    42  her capacity as an employee of the political consultant who is prohibit-
    43  ed by paragraphs (b) and (c) of this subdivision from engaging in lobby-
    44  ing and lobbying activities.
    45    § 3. Subdivision (h) of section 1-c of the legislative law,  as  added
    46  by chapter 2 of the laws of 1999, is amended to read as follows:
    47    (h) The term "compensation" shall mean any salary, fee, gift, payment,
    48  benefit,  loan, advance or any other thing of value paid, owed, given or
    49  promised to the lobbyist or  political  consultant  by  the  client  for
    50  lobbying  or  political  consulting  but shall not include contributions
    51  reportable pursuant to article fourteen of the election law.
    52    § 4. Section 14-100 of the election law is amended by adding  two  new
    53  subdivisions 18 and 19 to read as follows:
    54    18.  "political  consulting"  means  and  includes  the  provision for
    55  compensation,  to  any  political  committee  or  candidate  of  advice,
    56  services  or  assistance  in securing state public office including, but

        A. 7043                             3
     1  not limited to,  campaign  management,  fundraising  activities,  public
     2  relations  or  media  services,  but  shall  exclude legal work directly
     3  related to litigation or legal advice with regard to securing a place on
     4  the ballot, the petitioning process, the conduct of an election or which
     5  involves this chapter.
     6    19.  "compensation"  means  any  salary,  fee, gift, payment, benefit,
     7  loan, advance or any other thing of value paid, owed, given or promised,
     8  but shall not include contributions reportable pursuant to this article.
     9    § 5. Subdivision 1 of section 14-102 of the election law,  as  amended
    10  by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
    11  laws of 1978, is amended to read as follows:
    12    1.  The  treasurer of every political committee which, or any officer,
    13  member or agent of any  such  committee  who,  in  connection  with  any
    14  election,  receives  or  expends  any  money  or other valuable thing or
    15  incurs any liability to pay money or its equivalent  shall  file  state-
    16  ments  sworn,  or subscribed and bearing a form notice that false state-
    17  ments made therein are punishable as a class A misdemeanor  pursuant  to
    18  section 210.45 of the penal law, at the times prescribed by this article
    19  setting forth all the receipts, contributions to and the expenditures by
    20  and  liabilities  of  the  committee,  and  of its officers, members and
    21  agents in its behalf. Such statements shall include the dollar amount of
    22  any receipt, contribution or transfer, or the fair market value  of  any
    23  receipt,  contribution  or  transfer,  which is other than of money, the
    24  name and address of the transferor,  contributor  or  person  from  whom
    25  received,  and  if  the transferor, contributor or person is a political
    26  committee; the name of and the political unit represented by the commit-
    27  tee, the date of its receipt, the dollar amount  of  every  expenditure,
    28  the  name  and  address of the person to whom it was made or the name of
    29  and the political unit represented by the committee to which it was made
    30  and the date thereof, and  shall  state  clearly  the  purpose  of  such
    31  expenditure.    Furthermore, such statements shall include a list of all
    32  persons and organizations which provided political consulting  services,
    33  and  the  fair  market  value of and the actual amount paid to each such
    34  person and  organization  for  the  provision  of  political  consulting
    35  services.  Any  statement  reporting  a loan shall have attached to it a
    36  copy of the evidence of indebtedness. Expenditures in sums  under  fifty
    37  dollars need not be specifically accounted for by separate items in said
    38  statements,  and  receipts  and  contributions aggregating not more than
    39  ninety-nine dollars, from any one contributor need not  be  specifically
    40  accounted  for  by  separate items in said statements, provided however,
    41  that such expenditures, receipts and contributions shall be  subject  to
    42  the other provisions of section 14-118 of this article.
    43    §  6.  Subdivision 1 of section 14-104 of the election law, as amended
    44  by section 1 of part C of chapter 286 of the laws of 2016, is amended to
    45  read as follows:
    46    1. Any candidate for election to public office, or for nomination  for
    47  public  office  at  a  contested  primary election or convention, or for
    48  election to a party position at a primary election,  shall  file  state-
    49  ments  sworn,  or subscribed and bearing a form notice that false state-
    50  ments made therein are punishable as a class A misdemeanor  pursuant  to
    51  section 210.45 of the penal law, at the times prescribed by this article
    52  setting  forth the particulars specified by section 14-102 of this arti-
    53  cle, as to all moneys or other valuable things, paid, given, expended or
    54  promised by him or her to aid his or her own nomination or election,  or
    55  to  promote  the  success  or  defeat of a political party, or to aid or
    56  influence the nomination or election or the defeat of any  other  candi-

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     1  date to be voted for at the election or primary election or at a conven-
     2  tion, including contributions to political committees, officers, members
     3  or  agents  thereof, and transfers, receipts and contributions to him or
     4  her to be used for any of the purposes above specified, or in lieu ther-
     5  eof,  any  such  candidate  may file such a sworn statement at the first
     6  filing period, on a form prescribed by the state board of elections that
     7  such candidate has made no such expenditures and does not intend to make
     8  any such expenditures, except through a political  committee  authorized
     9  by such candidate pursuant to this article. Such candidate may designate
    10  a  committee  of  no  less than three persons who shall be authorized to
    11  appoint and remove the treasurer of  any  authorized  committee  of  the
    12  candidate.  The  designation  or  revocation  of  the committee shall be
    13  evidenced in a writing filed with the state board of  elections  by  the
    14  candidate  authorizing  the  committee.  The  candidate  may revoke such
    15  designation at any time.  Furthermore, such statements shall  include  a
    16  list  of all persons and organizations which provided political consult-
    17  ing services, and the fair market value of and the actual amount paid to
    18  each such  person  and  organization  for  the  provision  of  political
    19  consulting  services.  A  committee  authorized  by such a candidate may
    20  fulfill all of the filing requirements of this [act] article  on  behalf
    21  of such candidate.
    22    §  7.  This  act shall take effect on the thirtieth day after it shall
    23  have become a law.
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