File #: Int 0742-2024    Version: * Name: Lobbying prohibitions in connection with campaign-related fundraising or political consulting.
Type: Introduction Status: Laid Over in Committee
Committee: Committee on Governmental Operations, State & Federal Legislation
On agenda: 4/11/2024
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to lobbying prohibitions in connection with campaign-related fundraising or political consulting
Sponsors: Gale A. Brewer, Lincoln Restler, Oswald Feliz, Robert F. Holden, Julie Won, Alexa Avilés
Council Member Sponsors: 6
Summary: This bill would prohibit a person or organization who has engaged in fundraising or political consulting for certain candidates for nomination for election, or election, from lobbying the candidate who is elected within 2 years after the occurrence of the fundraising or political consulting. The certain candidates are those running for the office of Mayor, Public Advocate, City Comptroller, Borough President, or Council Member and City public servants running for any elected office. This lobbying prohibition would apply for 1 year after the certification of election results for the candidate. The Campaign Finance Board would be required to develop notices to disseminate through print and electronic media that notify campaign-related fundraisers and political consultants of this lobbying prohibition. Any person that knowingly and willing violates the prohibition would be subject to civil penalties, and second and subsequent violations would constitute a class A misdemeanor.
Attachments: 1. Summary of Int. No. 742, 2. Int. No. 742, 3. April 11, 2024 - Stated Meeting Agenda, 4. Committee Report 4/19/24, 5. Hearing Testimony 4/19/24, 6. Hearing Transcript 4/19/24, 7. Hearing Transcript - Stated Meeting 4-11-24, 8. Minutes of the Stated Meeting - April 11, 2024

Int. No. 742

 

By Council Members Brewer, Restler, Feliz, Holden, Won and Avilés

 

A Local Law to amend the administrative code of the city of New York, in relation to lobbying prohibitions in connection with campaign-related fundraising or political consulting

 

Be it enacted by the Council as follows:

 

Section 1. Chapter 2 of title 3 of the administrative code of the city of New York is amended by adding a new subchapter 4 to read as follows:

SUBCHAPTER 4

PROHIBITED LOBBYING BY PERSONS ENGAGED IN CAMPAIGN-RELATED FUNDRAISING OR POLITICAL CONSULTING

§ 3-251 Definitions. As used in this subchapter, the following terms have the following meanings:

Contribution. The term “contribution” has the same meaning as set forth in subdivision 8 of section 3-702.

Fundraising activities. The term “fundraising activities” means solicitation or collection of contributions for a candidate for nomination for election, or election, or for the political committee of such candidate.

Lobbying. The term “lobbying” has the same meaning as set forth in subdivision (c) of section 3-211.

Person. The term “person” means a person as such term is defined in section 1-112 and any spouse or domestic partner and unemancipated children of such person; and if the person is an organization, the term “person” means only (i) the division of the organization that engages in fundraising activities or political consulting activities, (ii) any officer or employee of such person who engages in fundraising activities or political consulting activities of the organization or is employed in the organization’s division that engages in fundraising activities or political consulting activities of the organization, and (iii) the spouse or domestic partner and unemancipated children of such officers or employees.

Political committee. The term “political committee” has the same meaning as set forth in subdivision 11 of section 3-702.

Political consulting activities. The term “political consulting activities” means participation in the campaign of a candidate for nomination for election, or election, by providing political advice for compensation by or on behalf of such candidate.

Public servant. The term “public servant” has the same meaning as set forth in subdivision 19 of section 2601 of the charter.

§ 3-252 Prohibited lobbying of elected officials. a. A person who has engaged in fundraising activities for a candidate for nomination for election, or election, to the office of mayor, public advocate, comptroller, borough president, or member of the council, or for the political committee of any such candidate, or for a public servant who is a candidate for nomination for election, or election, to any elective office, or for the political committee of any such public servant shall not engage in lobbying before any such candidate or such public servant who is elected within 2 years after the occurrence of such fundraising activities to any such office. Such prohibition applies for a period of 1 year after the certification of election results for such candidate or such public servant.

b. A person who has engaged in political consulting activities for a candidate for nomination for election, or election, to the office of mayor, public advocate, comptroller, borough president, or member of the council, or for a public servant who is a candidate for nomination for election, or election, to any elective office shall not engage in lobbying before any such candidate or such public servant who is elected within 2 years after the occurrence of such political consulting activities to any such office. Such prohibition applies for a period of 1 year after the certification of election results for such candidate or such public servant.

§ 3-253 Notice. The campaign finance board shall work with agencies and the council to develop notices and advertisements intended to reach persons that engage in fundraising activities or political consulting activities that will inform such persons of the prohibitions set forth in this subchapter. The campaign finance board shall disseminate such notices and advertisements through print and electronic media no later than 60 days after the effective date of the local law that added this subchapter.

§ 3-254 Penalties. Any person that knowingly and willfully violates section 3-252 is subject to a civil penalty, which for the first violation is not less than $2,500 and not more than $5,000, for the second violation is not less than $5,000 and not more than $15,000, and for the third and subsequent violations is not less than $15,000 and not more than $30,000 dollars. In addition to such civil penalties, for the second and subsequent violations of section 3-252, a person that knowing and willfully violates such section is also guilty of a class A misdemeanor.

§ 2. This local law takes effect 270 days after it becomes law.

 

JEF

LS #16098/16188

4/5/2024 11:40 AM