NY State Senate Bill 2021-S450

Senate Bill S450

2021-2022 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 Ethics And Internal Governance 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to ethics and internal governance
Jan 06, 2021	referred to ethics and internal governance

2021-S450 (ACTIVE) - Details

See Assembly Version of this Bill:: A6467
Current Committee:: Senate Ethics And Internal Governance
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
2015-2016: S4690, A6585
2017-2018: S1449, A6006
2019-2020: S5893, A7043

2021-S450 (ACTIVE) - 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.

2021-S450 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S450

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the legislative law, in relation to prohibiting lobby-
ists 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:

The purpose of this legislation is to reform the State's ethics laws to
prohibit certain lobbyists and political consultants from being affil-
iated with each other, or engaging in the other's profession.

 
SUMMARY OF PROVISIONS:

Section 1. Section 1-c of the Legislative Law is amended by adding a new

subdivision (x) to read as follows: (x) Defines "political consulting"
for the purpose of this section.

Section 2. Section 1-m of the Legislative Law is amended as follows: §
1-m. Adds political consulting to the prohibition of gifts. It also adds
the following: (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.  Additional details are provided.
(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 prohi-
bition 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 poli-
tical 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 will
now read "lobbyist and political consultant".

Section 4. Section 14-100 of the Election Law adds a new subdivision 17
and 18. 17. Defines "political consulting" for the purpose of this
section. 18. Defines "compensation" for the purpose of this section.

Sections 5 and 6. Subdivision 1 of section 14-102 and Subdivision 1 of
section 14-104 of the Election Law are 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 7. Establishes the effective date.

 
JUSTIFICATION:

This legislation reforms the State's ethics laws in order 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 govern-
ment 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 lobby-
ists 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 this
personal capital when pushing the interests of their other clients for
new laws, government approvals or funding. The key provisions in this
legislation are intended to provide the transparency needed to assuage
public concern about how decisions are made.

Recently, many significant reforms to New York State laws have been
enacted as it relates to conflicts of interest and disclosure issues
faced by elected and appointed government officials and the relation-
ships and business interests that may be shared between government offi-
cials, 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 govern-
ment official and then is paid to lobby the same state government offi-
cial.

In what has become an increasing trend, political consultants are turn-
ing 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, poli-
tical 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 offi-
cial to advance the interests of the lobbyists' client or client list.
From the government official's vantage point, it may be difficult to
decline to advance the goals of the lobbyist/political consultant, know-
ing that as a new election cycle begins, such official must rely heavily
on this same individual or firm to execute the state government offi-
cial'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 manage state
government official's election campaigns should clearl y 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 special-
ized trade.

 
LEGISLATIVE HISTORY:

2019-2020: S5893/A7043 - Died in Ethics and Internal Governance/Died in
Government Operations

2017-2018: S1449/A6006 - Died in Finance/Died in Government Operations

2015-2016: S4690A/A6585A - Died in Finance/Died in Government Operations

2014: S5009A/A7657A - Died in Finance/Died in Government Operations

2013: S5009A/A7657A - Passed Senate/Died in Government Operations

 
FISCAL IMPLICATIONS:

There are no fiscal implications associated with the passage of this
legislation.

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

2021-S450 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    450
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Ethics and Internal Gover-
   nance
 
 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.
   § 2. Section 1-m of the legislative law, as added by chapter 14 of the
 laws of 2007, is amended to read as follows:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02945-01-1

 S. 450                              2
 
 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.
   § 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.
   § 4. Section 14-100 of the election law is amended by adding  two  new
 subdivisions 18 and 19 to read as follows:

 S. 450                              3
 
   18.  "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.
   19. "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.
   §  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.
   § 6. Subdivision 1 of section 14-104 of the election law,  as  amended
 by section 1 of part C of chapter 286 of the laws of 2016, 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

 S. 450                              4
 
 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 or
 her to be used for any of the purposes above specified, or in lieu ther-
 eof, any such candidate may file such a sworn  statement  at  the  first
 filing period, 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. Such candidate may designate
 a committee of no less than three persons who  shall  be  authorized  to
 appoint  and  remove  the  treasurer  of any authorized committee of the
 candidate. The designation or  revocation  of  the  committee  shall  be
 evidenced  in  a  writing filed with the state board of elections by the
 candidate authorizing the  committee.  The  candidate  may  revoke  such
 designation  at  any time.  FURTHERMORE, SUCH STATEMENTS SHALL INCLUDE A
 LIST OF ALL PERSONS AND ORGANIZATIONS WHICH PROVIDED POLITICAL  CONSULT-
 ING 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] ARTICLE on behalf
 of such candidate.
   § 7. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.