Separate Lobbyists and Consultants

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 individual or entity required to be listed on a statement of registration pursuant to this article shall offer or give a gift to any public official 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.

LBD00998-01-7

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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 reasonable to infer that the gift was intended to influence such public official. 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 registration 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 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 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 prohibited by paragraphs (b) and (c) of this subdivision from engaging in lobbying 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 17 and 18 to read as follows:

17. "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

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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.

18. "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 statements sworn, or subscribed and bearing a form notice that false statements 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 committee, 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 statements sworn, or subscribed and bearing a form notice that false statements 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 article, 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-

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date to be voted for at the election or primary election or at a convention, 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 thereof, 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 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] article on behalf of such candidate.

§ 7. This act shall take effect on the thirtieth day after it shall have become a law; provided, however, that if section 1 of part C of chapter 286 of the laws of 2016 shall not have taken effect on or before such date then section six of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2016, takes effect.