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Sponsors
2 Co-sponsors
History
- Print number 4690a
- Amend (t) and recommit to finance
- Referred to finance
- Referred to finance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Prohibits certain lobbyists and political consultants from being affiliated with each other, or engaging in the other's profession
In Assembly Committee · Governmental Operations · Sponsor Sandy Galef
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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.
Read the full memo (1,287 words)
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.