What's happening
This bill prohibits lobbyists from providing political consulting to state office candidates and requires disclosure of political consulting services in campaign finance reports.
Why it matters
Reduces potential conflicts of interest. by preventing individuals and firms from simultaneously acting as both lobbyists and paid political consultants for the same state officials or candidates, helping to ensure that influence over elected officials is more transparent and less prone to backdoor deals.
Expands transparency in campaign financing. by requiring candidates and political committees to publicly disclose the names, organizations, and compensation amounts of all political consultants they hire, giving voters and watchdogs clearer insight into who is influencing campaigns and how much they are being paid.
Closes loopholes between lobbying and political consulting. by defining “political consulting” in law, and explicitly restricting those who provide such services from engaging in state-level lobbying for officials or candidates they have advised—thereby limiting the “revolving door” between campaign advisers and lobbyists.
Preserves exceptions for certain types of work and employees. such as bona fide legal services related to election law and clerical staff who do not actually provide political consulting services, aiming to narrowly target influence-peddling without overly restricting routine administrative or legal work.
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Who cares
Headline styles
Split Lobbyists and Consultants
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to finance
- Reported and committed to rules
- 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.
Separate Lobbyists and Consultants
In Assembly Committee · Governmental Operations · Sponsor Sandy Galef
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1449
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
Introduced by Sens. AVELLA, CARLUCCI, SAVINO -- 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 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
The People of the State of New York, represented in Senate and Assembly, 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 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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 (1,349 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 (h) 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, as amended by section 1 of part C of chapter 286 of the laws of 2016, 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 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
2015-2016: S4690-A/A6585-A (Galef) 2013-2014: S5009-A(Valesky)/A7657-A (Galef)
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; 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.
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