senate Bill S5009A

2013-2014 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

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to finance
returned to senate
died in assembly
Jun 10, 2013 referred to governmental operations
delivered to assembly
passed senate
Jun 04, 2013 ordered to third reading cal.1031
committee discharged and committed to rules
May 31, 2013 print number 5009a
amend and recommit to finance
May 06, 2013 referred to finance

Votes

view votes

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

view additional co-sponsors

S5009 - Bill Details

See Assembly Version of this Bill:
A7657A
Current Committee:
Law Section:
Legislative Law
Laws Affected:
Amd §§1-c & 1-m, Leg L; amd §§14-100, 14-102 & 14-104, El L

S5009 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S5009

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:

The purpose of this bill 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 PROVISIONS:

Section 1: Amends Legislative Law section 1-c to add a definition for
the term "political consulting". Such term means the provision, for
compensation, to any state public official, candidate or potential
candidate for any elective office, advice or services to such
candidate or government official to help get such official elected to
such office. Such advice or services can include, but is not limited
to campaign management, fundraising activities, and public relations
or media services, but it does not include any legal work related to
litigation or advice related to the conduct of an election or the
election law.

Section 2: Amends Legislative Law section 1-m to ban State registered
lobbyists from providing political consulting services as defined
under section 1 of this bill to any state public official, candidate
or potential candidate. This provision further provides that those who
engage in political consulting shall not lobby or be associated with
any organization that is a registered lobbyist.

Section 3: Adds to Election Law section 14-100 a definition for those
who engage in political consulting for the purpose of reporting
campaign receipts and expenditures.

Section 4: Amends Election Law section 14-102 to require that
political committees must disclose those persons and organizations
that provide political consulting services and the fair market value
of such services.

Section 5: Amends Election Law section 14-104 to require that
political campaigns must disclose those persons and organizations that


provide political consulting services and the fair market value of
such services.

Section 6: This act shall take effect 30 days after it shall have
become law.

JUSTIFICATION:

Recently, many significant reforms to New York State's ethics 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 lobbying/political consultant 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 include 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 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.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None.


EFFECTIVE DATE:

30 days after it shall have become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5009

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 6, 2013
                               ___________

Introduced  by  Sens. VALESKY, KLEIN, SAVINO, CARLUCCI -- 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 MAY EXCLUDE BONA FIDE LEGAL WORK DIRECTLY RELATED TO LITI-
GATION  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.
                                                           LBD10467-03-3

S. 5009                             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. Section 14-100 of the election law is amended  by  adding  a  new
subdivision 12 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 MAY 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.
  S  4.  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-

S. 5009                             3

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

Co-Sponsors

view additional co-sponsors

S5009A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7657A
Current Committee:
Law Section:
Legislative Law
Laws Affected:
Amd §§1-c & 1-m, Leg L; amd §§14-100, 14-102 & 14-104, El L

S5009A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S5009A

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: The purpose of this bill 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 PROVISIONS:

Section 1: Amends Legislative Law section 1-c to add a definition for
the term "political consulting". Such term means the provision, for
compensation, to any state public official, candidate or potential
candidate for any elective office, advice or services to such
candidate or government official to help get such official elected to
such office. Such advice or services can include, but is not limited
to campaign management, fundraising activities, and public relations
or media services, but it does not include any legal work related to
litigation or advice related to the conduct of an election or the
election law

Section 2: Amends Legislative Law section 1-m to ban State registered
lobbyists from providing political consulting services as defined
under section 1 of this bill to any state public official, candidate
or potential candidate. This provision further provides that those who
engage in political consulting shall not lobby or be associated with
any organization that is a registered lobbyist.

Section 4: Adds to Election Law section 14-100 a definition for those
who engage in political consulting for the purpose of reporting
campaign receipts and expenditures.

Section 5: Amends Election Law section 14-102 to require that
political committees must disclose those persons and organizations
that provide political consulting services and the fair market value
of such services.

Section 6: Amends Election Law section 14-104 to require that
political campaigns must disclose those persons and organizations that
provide political consulting services and the fair market value of
such services.


Section 7: This act shall take effect 30 days after it shall have
become law.

JUSTIFICATION:

Recently, many significant reforms to New York State's ethics 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 lobbying/political consultant 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 include 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 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.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS: None,

EFFECTIVE DATE: 30 days after it shall have become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.