NY State Senate Bill 2015-S4690A

Senate Bill S4690A

2015-2016 Legislative Session

Prohibits certain lobbyists and political consultants from being affiliated with each other, or engaging in the other's profession

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 17, 2016	print number 4690a
Feb 17, 2016	amend (t) and recommit to finance
Jan 06, 2016	referred to finance
Apr 07, 2015	referred to finance

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S4690 - Details

See Assembly Version of this Bill:: A6585
Current Committee:: Senate Finance
Law Section:: Legislative Law
Laws Affected:: Amd §§1-c & 1-m, Leg L; amd §§14-100, 14-102 & 14-104, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5009, A7657
2017-2018: S1449, A6006
2019-2020: S5893, A7043
2021-2022: S450, A6467

2015-S4690 - Summary

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.

2015-S4690 - Sponsor Memo

                                BILL NUMBER:S4690

TITLE OF BILL:  An act to amend the legislative law, in relation to
prohibiting lobbyists from engaging in political consulting of
candidates for and holders 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

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to reform the State's ethics laws
to place a fire wall between the activities of political consultants
who help to elect state government officials and registered lobbyists,
who lobby state government officials to obtain or thwart a specified
state governmental policy. Political consultants are those who are
paid to manage and operate political campaigns for public officials
and candidates, raise funds to elect such officials, and provide media
services or advice for such campaigns. However, such political
consulting does not mean the provision of legal work related to
securing a place on the ballot, conduct of an election, or other
election law issues. Registered lobbyists are those who lobby state
elected officials for enactment or rejection of legislation,
regulatory changes, budget items, procurement of services, or other
changes in governmental policy.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Section 1-c of the Legislative Law is amended by adding a
new subdivision (x), which defines the term "political consulting" as
it pertains to this legislation.

Section 2. Amends Section 1-m of the Legislative Law. 1-m Prohibition
of gifts and political consulting. It also adds the following
language: No person or organization that is engaged in lobbying or
lobbying activities shall engage in political consulting of 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.
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
lobbying or lobbying activities except as otherwise authorized by
subdivision (b) of this section.

Section 3. Section 14-100 of the Election Law is amended by adding a
new subdivision 12, which defines the term "political consulting."

Section 4. Subdivision 1 of section 14-102 of the Election law is
amended by adding the following language: Furthermore, such statements
shall include a list of all persons and organizations which provided
political consulting services, and the fair market value of the actual


amount paid to each such person and organization for the provision of
political consulting services.

Section 5. Subdivision 1 of section 14-104 of the Election Law is
amended by adding the following language: 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.

Section 6. Establishes that this act shall take effect on the
thirtieth day after it shall have become a law.

JUSTIFICATION:

Recently, many significant reforms to New York State's laws have been
enacted as it relates to conflicts of interest and disclosure issues
faced by elected and appointed government officials and the
relationships and business interests that may be shared between
government officials, both elected and non-elected, and those who
lobby such officials. Unfortunately, this same scrutiny has not
focused on the relationships and potential conflicts of interests that
may be faced by the political consultant who helps to elect or finance
the election of a state government official and then is paid to lobby
the same state government official.

This situation can lead to a blurring of functions and roles of the
political consultant/lobbyist who is instrumental in electing such
state government official and then expects a certain enhanced sympathy
and sensitivity from the same official to advance the interests of the
lobbyists' client or client list. From the governmental official's
vantage point, it may be difficult to decline to advance the goals of
the lobbyist/political consultant, knowing that as a new election
cycle begins, such official must rely heavily on this same individual
or firm to execute the state governmental official's election
campaign, coordinate fundraising efforts, or to arrange media
campaigns, provided however, that political consulting does not
included legal work related to securing a place on the ballot, ballot
security efforts, petition activities, or election law court
appearances should the election results be close.

In reviewing the websites and advertisements of political
consultant/lobbyist individuals, firms or associations, it is clear
that there is a purposeful blending of what should be the separate
functions of performing election or fundraising activities for
government officials, the ease of access to government officials who
are also the clients of these same political consultants, and the dual
listing of those state government officials and lobbying interest that
the political consultant/lobbyist firm represents. The activities of
political consultants who directly help or mange state government
official's election campaigns should clearly be segregated from those
individuals or lobbyists who seek legislation, budget items,
regulatory changes, or the procurement of government services,
contracts or goods. However, this bill does allow lobbyists to perform
legal work that is directly related to election law since this is a
very specialized trade.


PRIOR LEGISLATIVE HISTORY:

A. 7657-A and S. 5009-A of 2013/2014

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the thirtieth day after it shall have
become a law.

2015-S4690 - Bill Text download pdf

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

                                  4690

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              April 7, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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.
                                                           LBD00224-01-5

S. 4690                             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 15 and 16 to read as follows:
  15. "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.
  16.  "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. 4690                             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.

co-Sponsors

2015-S4690A (ACTIVE) - Details

See Assembly Version of this Bill:: A6585
Current Committee:: Senate Finance
Law Section:: Legislative Law
Laws Affected:: Amd §§1-c & 1-m, Leg L; amd §§14-100, 14-102 & 14-104, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5009, A7657
2017-2018: S1449, A6006
2019-2020: S5893, A7043
2021-2022: S450, A6467

2015-S4690A (ACTIVE) - Summary

2015-S4690A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4690A

 TITLE OF BILL :  An act to amend the legislative law, in relation to
prohibiting lobbyists from engaging in political consulting of
candidates for and holders 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

 PURPOSE OR GENERAL IDEA OF BILL :  The purpose of this legislation is
to reform the State's ethics laws to place a firewall between the
activities of political consultants who help to elect state government
officials and registered lobbyists, who lobby state government
officials to obtain or thwart a specified state governmental policy.
Political consultants are those who are paid to manage and operate
political campaigns for public officials and candidates, raise funds
to elect such officials, and provide media services or advice for such
campaigns. However, such political consulting does not mean the
provision of legal work related to securing a place on the ballot,
conduct of an election, or other election law issues. Registered
lobbyists are those who lobby state elected officials for enactment or
rejection of legislation, regulatory changes, budget items,
procurement of services, or other changes in governmental policy.

The relationship forged between a candidate and his or her political

consultant during a campaign is tight, often unassailable. Political
consultants who also lobby have a unique opportunity to trade on this
personal capital when pushing the interests of their other clients for
new laws, government approvals or funding. In the wake of recent
scandals to hit the potential to further undermine public trust in how
decisions are made. The key provisions in this legislation are
intended to provide the transparency needed in assuage public concern
about how decisions are made.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Section 1-c of the Legislative Law is amended by adding a
new subdivision (x), which defines the term "political consulting" as
it pertains to this legislation.

Section 2. Amends Section 1-m of the Legislative Law. 1-m Prohibition
of gifts and political consulting. (b) No person or organization that
has been retained or received compensation for political consulting,
is an individual who has an ownership interest in a political
consulting organization, or is an employee of the political consultant
shall engage in compensated lobbying or lobbying activities with any
state public official, candidate, or prospective candidate for elected
office who is a current or former client of the political consultant;
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 compensated 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
compensated lobbying or lobbying activities, except as otherwise
authorized by subdivision (b) of this section. (d) (1) This
prohibition shall not apply to: (A) an employee of the political
consultant whose sole duties are clerical; or (B) an employee of the
political consultant who did not personally provide political
consulting services to the state public official, candidate or
prospective candidate for a state elected office in his or he capacity
as an employee of the political consultant who is prohibited by
paragraphs (b) and (c) of this subdivision from engaging in lobbying
and lobbying activities.

Section 3. Subdivision (h) of section 1-c of the Legislative Law is
amended by adding the 'political consultant' and 'political
consulting'.

Section 4. Subdivision 1 of section 14-100 of the Election law is
amended by adding two new subdivisions 15 and 16. Subdivision 15
defines "political consulting" and 16 defines "compensation".

Section 5. Subdivision 1 of section 14-102 of the Election Law is
amended by adding the following language: 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.

Section 6. Subdivision 1 of section 14-104 of the Election Law is
amended by changing 'him' or him or her'. It also adds the following
language: 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.

Section 7. Establishes the effective date.

 JUSTIFICATION :  Recently, many significant reforms to New York
State's laws have been enacted as it relates to conflicts of interest
and disclosure issues faced by elected and appointed government
officials and the relationships and business interests that may be
shared between government officials, both elected and non-elected, and
those who lobby such officials.

Unfortunately, this same scrutiny has not focused on the relationships
and potential conflicts of interests that may be faced by the
political consultant who helps to elect or finance the election of a
state government official and then is paid to lobby the same state
government official.

In what has become an increasing trend, political consultants are
turning to lobbying once the elections are over. Unlike federal and
state legislators, and some of their employees, who must legally go
through a "hiatus" (one year for federal lawmakers and two years for
New York State Assembly members) before lobbying their former
colleagues, political consultants are not bound by any rules that
provide a break between doing campaign work and lobbying. This
situation can lead to a blurring of functions and roles of the
political consultant/lobbyist who is instrumental in electing such
state government official and then expects a certain enhanced sympathy
and sensitivity from the same official to advance the interests of the
lobbyists' client or client list. From the governmental official's
vantage point, it may be difficult to decline to advance the goals of
the lobbyist/political consultant, knowing that as a new election
cycle begins, such official must rely heavily on this same individual
or firm to execute the state governmental official's election
campaign, coordinate fundraising efforts, or to arrange media
campaigns, provided however, that political consulting does not
included legal work related to securing a place on the ballot, ballot
security efforts, petition activities, or election law court
appearances should the election results be close.

In reviewing the websites and advertisements of political
consultant/lobbyist individuals, firms or associations, it is clear
that there is a purposeful blending of what should be the separate
functions of performing election or fundraising activities for
government officials, the ease of access to government officials who
are also the clients of these same political consultants, and the dual
listing of those state government officials and lobbying interest that
the political consultant/lobbyist firm represents. The activities of
political consultants who directly help or mange state government
official's election campaigns should clearly be segregated from those
individuals or lobbyists who seek legislation, budget items,
regulatory changes, or the procurement of government services,
contracts or goods. However, this bill does allow lobbyists to perform
legal work that is directly related to election law since this is a
very specialized trade.

 PRIOR LEGISLATIVE HISTORY :  A. 7657-A and S. 5009-A of 2013/2014

 FISCAL IMPLICATIONS :  There are no fiscal implications connected
with the passage of this legislation.

 EFFECTIVE DATE :  This act shall take effect on the thirtieth day
after it shall have become a law.

2015-S4690A (ACTIVE) - Bill Text download pdf

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

                                 4690--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              April 7, 2015
                               ___________

Introduced  by  Sens. AVELLA, CARLUCCI, SAVINO -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Finance
  --  recommitted  to the Committee on Finance in accordance with Senate
  Rule  6,  sec.  8  --  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 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:

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00224-07-6

S. 4690--A                          2

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
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  HAS BEEN RETAINED OR RECEIVED
COMPENSATION FOR POLITICAL CONSULTING,  IS  AN  INDIVIDUAL  WHO  HAS  AN
OWNERSHIP  INTEREST  IN  A  POLITICAL  CONSULTING ORGANIZATION, OR IS AN
EMPLOYEE OF THE POLITICAL CONSULTANT SHALL ENGAGE IN COMPENSATED  LOBBY-
ING OR LOBBYING ACTIVITIES WITH ANY STATE PUBLIC OFFICIAL, CANDIDATE, OR
PROSPECTIVE  CANDIDATE  FOR  ELECTED  OFFICE  WHO IS A CURRENT OR FORMER
CLIENT OF THE POLITICAL CONSULTANT; 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  OFFI-
CIALS,  MAY  ENGAGE  IN  SUCH  POLITICAL CONSULTING FOR MUNICIPAL PUBLIC
OFFICIALS.
  (C) NO PERSON OR ORGANIZATION THAT IS ENGAGED IN COMPENSATED POLITICAL
CONSULTING FOR ANY  STATE  PUBLIC  OFFICIAL,  CANDIDATE  OR  PROSPECTIVE
CANDIDATE  FOR  AN  ELECTED STATE OFFICE SHALL BE EMPLOYED BY, BE AFFIL-
IATED WITH OR BE UNDER COMMON OWNERSHIP WITH ANY PERSON OR  ORGANIZATION
ENGAGED IN COMPENSATED LOBBYING OR LOBBYING ACTIVITIES, EXCEPT AS OTHER-
WISE AUTHORIZED BY SUBDIVISION (B) OF THIS SECTION.
  (D) (1) THIS PROHIBITION SHALL NOT APPLY TO:
  (A)  AN  EMPLOYEE  OF  THE  POLITICAL CONSULTANT WHOSE SOLE DUTIES ARE
CLERICAL; OR
  (B) AN EMPLOYEE OF THE POLITICAL CONSULTANT  WHO  DID  NOT  PERSONALLY
PROVIDE  POLITICAL  CONSULTING  SERVICES  TO  THE STATE PUBLIC OFFICIAL,
CANDIDATE OR PROSPECTIVE CANDIDATE FOR A STATE ELECTED OFFICE WITH  WHOM
THE EMPLOYEE SEEKS TO COMMUNICATE FOR LOBBYING OR LOBBYING ACTIVITIES.
  (2)  THE  EXCEPTIONS  IN  PARAGRAPH  ONE OF THIS SUBDIVISION SHALL NOT
APPLY TO ANY PERSON WHO  COMMUNICATES  WITH  A  STATE  PUBLIC  OFFICIAL,
CANDIDATE, OR PROSPECTIVE CANDIDATE FOR A STATE ELECTED OFFICE IN HIS OR
HER CAPACITY AS AN EMPLOYEE OF THE POLITICAL CONSULTANT WHO IS PROHIBIT-
ED BY PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION FROM ENGAGING IN LOBBY-
ING AND LOBBYING ACTIVITIES.
  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 15 and 16 to read as follows:

S. 4690--A                          3

  15. "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.
  16. "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
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

S. 4690--A                          4

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.

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Senate Bill S4690A

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Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

David Carlucci

Diane J. Savino

2015-S4690 - Details

2015-S4690 - Summary

2015-S4690 - Sponsor Memo

2015-S4690 - Bill Text download pdf

co-Sponsors

David Carlucci

Diane J. Savino

2015-S4690A (ACTIVE) - Details

2015-S4690A (ACTIVE) - Summary

2015-S4690A (ACTIVE) - Sponsor Memo

2015-S4690A (ACTIVE) - Bill Text download pdf

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