NY State Senate Bill 2019-S5893

Senate Bill S5893

2019-2020 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to ethics and internal governance
May 16, 2019	referred to ethics and internal governance

2019-S5893 (ACTIVE) - Details

See Assembly Version of this Bill:: A7043
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
2021-2022: S450, A6467

2019-S5893 (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.

2019-S5893 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5893

SPONSOR: BIAGGI
 
TITLE OF BILL:  An act to amend the legislative law, in relation to
prohibiting lobbyists from engaging in political consulting of candi-
dates for and holders of state office and prohibiting certain political
consultants from engaging in compensated lobbying and lobbying activ-
ities; 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
aced 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. Unfor-
tunately, 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 governmental 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 governmental 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 offi-
cials, 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 poli-
tical 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.

 
LEGISLATIVE HISTORY:

A. 6006 and S. 1449 of 2017/2018

A. 6585-A and S. 4690-A of 2015/2016

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

 
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.

2019-S5893 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5893
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 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
 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.

                                                            LBD10599-01-9

 S. 5893                             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  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:
   18. "POLITICAL  CONSULTING"  MEANS  AND  INCLUDES  THE  PROVISION  FOR
 COMPENSATION,  TO  ANY  POLITICAL  COMMITTEE  OR  CANDIDATE  OF  ADVICE,

 S. 5893                             3
 
 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
 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

 S. 5893                             4
 
 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.

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