S T A T E   O F   N E W   Y O R K
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                                 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:

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10467-05-3
              

A. 7657--A                          2

gift  to  the  spouse  or  unemancipated child of any public official as
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-

A. 7657--A                          3

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 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.