S T A T E O F N E W Y O R K
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5009--A
2013-2014 Regular Sessions
I N S E N A T E
May 6, 2013
___________
Introduced by Sens. VALESKY, KLEIN, SAVINO, CARLUCCI, DeFRANCISCO, GOLD-
EN, MARTINS -- read twice and ordered printed, and when printed to be
committed to the Committee on Finance -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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:
Section 1. Section 1-c of the legislative law is amended by adding a
new subdivision (x) to read as follows:
(X) THE TERM "POLITICAL CONSULTING" SHALL MEAN AND INCLUDE THE
PROVISION, FOR COMPENSATION, TO ANY STATE PUBLIC OFFICIAL, CANDIDATE OR
PROSPECTIVE CANDIDATE FOR AN ELECTED STATE OFFICE OF ADVICE, SERVICES OR
ASSISTANCE IN SECURING SUCH PUBLIC OFFICE INCLUDING, BUT NOT LIMITED TO,
CAMPAIGN MANAGEMENT, FUNDRAISING ACTIVITIES, PUBLIC RELATIONS OR MEDIA
SERVICES, BUT SHALL EXCLUDE 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.
S 2. Section 1-m of the legislative law, as added by chapter 14 of the
laws of 2007, is amended to read as follows:
S 1-m. Prohibition of gifts AND POLITICAL CONSULTING. (A) No individ-
ual or entity required to be listed on a statement of registration
pursuant to this article shall offer or give a gift to any public offi-
cial as defined within this article, unless under the circumstances it
is not reasonable to infer that the gift was intended to influence such
public official. No individual or entity required to be listed on a
statement of registration pursuant to this article shall offer or give a
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.
LBD10467-04-3
S. 5009--A 2
defined within this article under circumstances where it is reasonable
to infer that the gift was intended to influence such public official.
No spouse or unemancipated child of an individual required to be listed
on a statement of registration pursuant to this article shall offer or
give a gift to a public official under circumstances where it is reason-
able to infer that the gift was intended to influence such public offi-
cial. This section shall not apply to gifts to officers, members or
directors of boards, commissions, councils, public authorities or public
benefit corporations who receive no compensation or are compensated on a
per diem basis, unless the person listed on the statement of registra-
tion appears or has matters pending before the board, commission or
council on which the recipient sits.
(B) NO PERSON OR ORGANIZATION THAT IS ENGAGED IN LOBBYING OR LOBBYING
ACTIVITIES SHALL ENGAGE IN POLITICAL CONSULTING FOR ANY STATE PUBLIC
OFFICIAL, CANDIDATE OR PROSPECTIVE CANDIDATE FOR AN ELECTED STATE
OFFICE; PROVIDED, HOWEVER THAT A PERSON OR ORGANIZATION THAT IS ENGAGED
SOLELY IN THE LOBBYING OF OR LOBBYING ACTIVITIES RELATED TO MUNICIPAL
AGENCIES, LOCAL LEGISLATIVE BODIES AND MUNICIPAL PUBLIC OFFICERS, AND
DOES NOT ENGAGE IN THE LOBBYING OF OR LOBBYING ACTIVITIES RELATED TO
STATE AGENCIES AND STATE PUBLIC OFFICIALS, MAY ENGAGE IN SUCH POLITICAL
CONSULTING FOR MUNICIPAL PUBLIC OFFICIALS.
(C) NO PERSON OR ORGANIZATION THAT IS ENGAGED IN POLITICAL CONSULTING
FOR ANY STATE PUBLIC OFFICIAL, CANDIDATE OR PROSPECTIVE CANDIDATE FOR AN
ELECTED STATE OFFICE SHALL BE EMPLOYED BY, BE AFFILIATED WITH OR BE
UNDER COMMON OWNERSHIP WITH ANY PERSON OR ORGANIZATION ENGAGED IN LOBBY-
ING OR LOBBYING ACTIVITIES, EXCEPT AS OTHERWISE AUTHORIZED BY SUBDIVI-
SION (B) OF THIS SECTION.
S 3. Subdivision (h) of section 1-c of the legislative law, as added
by chapter 2 of the laws of 1999, is amended to read as follows:
(h) The term "compensation" shall mean any salary, fee, gift, payment,
benefit, loan, advance or any other thing of value paid, owed, given or
promised to the lobbyist OR POLITICAL CONSULTANT by the client for
lobbying OR POLITICAL CONSULTING but shall not include contributions
reportable pursuant to article fourteen of the election law.
S 4. Section 14-100 of the election law is amended by adding two new
subdivisions 12 and 13 to read as follows:
12. "POLITICAL CONSULTING" MEANS AND INCLUDES THE PROVISION FOR
COMPENSATION, TO ANY POLITICAL COMMITTEE OR CANDIDATE OF ADVICE,
SERVICES OR ASSISTANCE IN SECURING STATE PUBLIC OFFICE INCLUDING, BUT
NOT LIMITED TO, CAMPAIGN MANAGEMENT, FUNDRAISING ACTIVITIES, PUBLIC
RELATIONS OR MEDIA SERVICES, BUT SHALL EXCLUDE 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 THIS CHAPTER.
13. "COMPENSATION" MEANS ANY SALARY, FEE, GIFT, PAYMENT, BENEFIT,
LOAN, ADVANCE OR ANY OTHER THING OF VALUE PAID, OWED, GIVEN OR PROMISED,
BUT SHALL NOT INCLUDE CONTRIBUTIONS REPORTABLE PURSUANT TO THIS ARTICLE.
S 5. Subdivision 1 of section 14-102 of the election law, as amended
by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
laws of 1978, is amended to read as follows:
1. The treasurer of every political committee which, or any officer,
member or agent of any such committee who, in connection with any
election, receives or expends any money or other valuable thing or
incurs any liability to pay money or its equivalent shall file state-
ments sworn, or subscribed and bearing a form notice that false state-
ments made therein are punishable as a class A misdemeanor pursuant to
S. 5009--A 3
section 210.45 of the penal law, at the times prescribed by this article
setting forth all the receipts, contributions to and the expenditures by
and liabilities of the committee, and of its officers, members and
agents in its behalf. Such statements shall include the dollar amount of
any receipt, contribution or transfer, or the fair market value of any
receipt, contribution or transfer, which is other than of money, the
name and address of the transferor, contributor or person from whom
received, and if the transferor, contributor or person is a political
committee; the name of and the political unit represented by the commit-
tee, the date of its receipt, the dollar amount of every expenditure,
the name and address of the person to whom it was made or the name of
and the political unit represented by the committee to which it was made
and the date thereof, and shall state clearly the purpose of such
expenditure. FURTHERMORE, SUCH STATEMENTS SHALL INCLUDE A LIST OF ALL
PERSONS AND ORGANIZATIONS WHICH PROVIDED POLITICAL CONSULTING SERVICES,
AND THE FAIR MARKET VALUE OF AND THE ACTUAL AMOUNT PAID TO EACH SUCH
PERSON AND ORGANIZATION FOR THE PROVISION OF POLITICAL CONSULTING
SERVICES. Any statement reporting a loan shall have attached to it a
copy of the evidence of indebtedness. Expenditures in sums under fifty
dollars need not be specifically accounted for by separate items in said
statements, and receipts and contributions aggregating not more than
ninety-nine dollars, from any one contributor need not be specifically
accounted for by separate items in said statements, provided however,
that such expenditures, receipts and contributions shall be subject to
the other provisions of section 14-118 of this article.
S 6. Subdivision 1 of section 14-104 of the election law, as amended
by chapter 430 of the laws of 1997, is amended to read as follows:
1. Any candidate for election to public office, or for nomination for
public office at a contested primary election or convention, or for
election to a party position at a primary election, shall file state-
ments sworn, or subscribed and bearing a form notice that false state-
ments made therein are punishable as a class A misdemeanor pursuant to
section 210.45 of the penal law, at the times prescribed by this article
setting forth the particulars specified by section 14-102 of this arti-
cle, as to all moneys or other valuable things, paid, given, expended or
promised by him OR HER to aid his OR HER own nomination or election, or
to promote the success or defeat of a political party, or to aid or
influence the nomination or election or the defeat of any other candi-
date to be voted for at the election or primary election or at a conven-
tion, including contributions to political committees, officers, members
or agents thereof, and transfers, receipts and contributions to him to
be used for any of the purposes above specified, or in lieu thereof, any
such candidate may file such a sworn statement at the first filing peri-
od, on a form prescribed by the state board of elections that such
candidate has made no such expenditures and does not intend to make any
such expenditures, except through a political committee authorized by
such candidate pursuant to this article. FURTHERMORE, SUCH STATEMENTS
SHALL INCLUDE A LIST OF ALL PERSONS AND ORGANIZATIONS WHICH PROVIDED
POLITICAL CONSULTING SERVICES, AND THE FAIR MARKET VALUE OF AND THE
ACTUAL AMOUNT PAID TO EACH SUCH PERSON AND ORGANIZATION FOR THE
PROVISION OF POLITICAL CONSULTING SERVICES. A committee authorized by
such a candidate may fulfill all of the filing requirements of this act
on behalf of such candidate.
S 7. This act shall take effect on the thirtieth day after it shall
have become a law.
