S T A T E O F N E W Y O R K
________________________________________________________________________
8023
2015-2016 Regular Sessions
I N A S S E M B L Y
June 4, 2015
___________
Introduced by M. of A. GOODELL -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the legislative law, the election law and the public
officers law, in relation to the prohibiting pay-to-play in New York
act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "prohibiting pay-to-play in New York act".
S 2. Sections 1-u and 1-v of the legislative law, section 1-v as
relettered by chapter 1 of the laws of 2005, are relettered sections 1-x
and 1-y and three new sections 1-u, 1-v and 1-w are added to read as
follows:
S 1-U. RESTRICTIONS ON POLITICAL CONTRIBUTIONS, REFERRAL FEES OR OTHER
COMPENSATION BY LOBBYISTS. A LOBBYIST WHO APPEARS BEFORE ANY STATE OR
MUNICIPAL CORPORATION SHALL NOT SOLICIT, MAKE OR TRANSMIT A CAMPAIGN
CONTRIBUTION OR A REQUEST FOR A CAMPAIGN CONTRIBUTION OR A REFERRAL FEE
OR ANY OTHER COMPENSATION TO ANY PUBLIC OFFICIAL OR CANDIDATE, INCLUDING
A POLITICAL COMMITTEE FOR THE BENEFIT OF A PUBLIC OFFICIAL OR PARTY
COMMITTEE, OF SUCH STATE OR MUNICIPAL CORPORATION OFFICE.
S 1-V. RESTRICTIONS ON ACCEPTANCE OF POLITICAL CONTRIBUTIONS BY PUBLIC
OFFICIALS. A PUBLIC OFFICIAL OR CANDIDATE FOR ANY STATE OR MUNICIPAL
CORPORATION SHALL NOT KNOWINGLY ACCEPT, SOLICIT OR TRANSMIT A CAMPAIGN
CONTRIBUTION OR A REQUEST FOR A CAMPAIGN CONTRIBUTION FOR HIMSELF OR
HERSELF OR ANY PUBLIC OFFICIAL, POLITICAL COMMITTEE, OR CANDIDATE FROM
OR ON BEHALF OF ANY LOBBYIST WHO APPEARS BEFORE SUCH PUBLIC ENTITY.
S 1-W. RESTRICTIONS ON CERTAIN POLITICAL CONTRIBUTIONS. 1. ANY PERSON
OR ENTITY THAT COMMUNICATES FOR OR AGAINST ANY LEGISLATION PENDING
BEFORE THE STATE OR MUNICIPAL CORPORATION SINCE THE DATE OF THE LAST
ELECTION, WHERE SUCH ACTION OR LEGISLATION WOULD HAVE A DIRECT FINANCIAL
IMPACT ON SUCH INDIVIDUAL OR ENTITY IN AN AMOUNT EXCEEDING TWENTY-FIVE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10887-05-5
A. 8023 2
THOUSAND DOLLARS PER YEAR SHALL NOT SOLICIT, MAKE OR TRANSMIT A CAMPAIGN
CONTRIBUTION FOR ANY PUBLIC OFFICIAL OR CANDIDATE FOR SUCH PUBLIC ENTI-
TY.
2. ANY PERSON OR ENTITY WHO HAS OR IS SEEKING A CONTRACT WITH SUCH
PUBLIC ENTITY OR ANY AGENCY OR DEPARTMENT THEREOF, UNLESS SUCH CONTRACT
WAS THE RESULT OF SUBMITTING THE LOWEST RESPONSIBLE BID IN AN OPEN
COMPETITIVE BID PROCESS SHALL NOT SOLICIT, MAKE OR TRANSMIT A CAMPAIGN
CONTRIBUTION OR REFERRAL FEE, OR OTHER COMPENSATION TO ANY PUBLIC OFFI-
CIAL OR CANDIDATE FOR SAID PUBLIC ENTITY OR AGENCY OR DEPARTMENT THERE-
OF.
S 3. Section 14-116 of the election law, subdivision 1 as redesignated
by chapter 9 of the laws of 1978 and subdivision 2 as amended by chapter
260 of the laws of 1981, is amended to read as follows:
S 14-116. Political contributions by certain organizations. 1. No
corporation, LIMITED LIABILITY COMPANY, LABOR UNION or joint-stock asso-
ciation doing business in this state, except a corporation or associ-
ation organized or maintained for political purposes only, shall direct-
ly or indirectly pay or use or offer, consent or agree to pay or use any
money or property for or in aid of any political party, committee or
organization, or for, or in aid of, any corporation, LIMITED LIABILITY
COMPANY, LABOR UNION, joint-stock or other association organized or
maintained for political purposes, or for, or in aid of, any candidate
for political office or for nomination for such office, or for any poli-
tical purpose whatever, or for the reimbursement or indemnification of
any person for moneys or property so used. Any officer, director, stock-
holder, attorney or agent of any corporation, LIMITED LIABILITY COMPANY,
LABOR UNION or joint-stock association which violates any of the
provisions of this section, who participates in, aids, abets or advises
or consents to any such violations, and any person who solicits or know-
ingly receives any money or property in violation of this section, shall
be guilty of a misdemeanor.
2. Notwithstanding the provisions of subdivision one of this section,
any corporation, LIMITED LIABILITY COMPANY or an organization financial-
ly supported in whole or in part, by such corporation OR LIMITED LIABIL-
ITY COMPANY may make expenditures, including contributions, not other-
wise prohibited by law, for political purposes, in an amount not to
exceed five thousand dollars in the aggregate in any calendar year;
provided that no public utility shall use revenues received from the
rendition of public service within the state for contributions for poli-
tical purposes unless such cost is charged to the shareholders of such a
public service corporation.
3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
SECTION, NO PUBLIC SECTOR EMPLOYEE, OR LABOR UNION WHICH REPRESENTS
PUBLIC SECTOR EMPLOYEES, MAY MAKE EXPENDITURES, INCLUDING CONTRIBUTIONS,
TO ANY PUBLIC OFFICIAL OR ANY POLITICAL CANDIDATE FOR PUBLIC OFFICE FOR
ANY PUBLIC ENTITY THAT EMPLOYS SUCH PUBLIC SECTOR EMPLOYEE OR WHOSE
EMPLOYEES ARE REPRESENTED BY SUCH UNION OR WHOSE EMPLOYEES ARE FUNDED BY
SUCH PUBLIC ENTITY.
S 4. The public officers law is amended by adding a new section 73-c
to read as follows:
S 73-C. FAMILY MEMBER DISCLOSURE. 1. EVERY MEMBER OF THE LEGISLATURE
SHALL FILE A STATEMENT WITH THE JOINT COMMISSION ON PUBLIC ETHICS IN THE
EVENT THAT ANY FAMILY MEMBER IS OR BECOMES EMPLOYED BY:
(A) ANY REGISTERED LOBBYIST OR REGISTERED LOBBYING FIRM THAT IS LOBBY-
ING SUCH PUBLIC ENTITY (INCLUDING LOCAL MUNICIPALITIES OR SCHOOL
BOARDS);
A. 8023 3
(B) ANY PERSON OR ENTITY THAT COMMUNICATES FOR OR AGAINST ANY LEGIS-
LATION PENDING BEFORE SUCH LEGISLATOR SINCE THE DATE OF THE LAST
ELECTION, WHERE SUCH ACTION OR LEGISLATION WOULD HAVE A DIRECT FINANCIAL
IMPACT ON SUCH INDIVIDUAL OR ENTITY IN AN AMOUNT EXCEEDING TWENTY-FIVE
THOUSAND DOLLARS PER YEAR;
(C) ANY PERSON OR ENTITY WHO HAS OR IS SEEKING A CONTRACT WITH SUCH
PUBLIC ENTITY OR ANY AGENCY OR DEPARTMENT THEREOF, UNLESS SUCH CONTRACT
WAS THE RESULT OF SUBMITTING THE LOWEST RESPONSIBLE BID IN AN OPEN
COMPETITIVE BID PROCESS; OR
(D) ANY PUBLIC EMPLOYEES OR PUBLIC EMPLOYEE UNIONS WHOSE MEMBERS ARE
FUNDED BY SUCH PUBLIC ENTITY.
2. FOR THE PURPOSES OF THIS SECTION THE TERM "FAMILY MEMBER" SHALL
MEAN SUCH MEMBER'S SPOUSE, CHILD, STEPCHILD, PARENT, STEPPARENT,
SIBLINGS, DOMESTIC PARTNER, AND THE PARENT OF ANY CHILD OF THE MEMBER.
S 5. The election law is amended by adding a new section 14-117 to
read as follows:
S 14-117. LIMITS ON REFERRAL FEES AND OTHER COMPENSATION. NO REFERRAL
FEE OR COMPENSATION SHALL BE PAID TO ANY PUBLIC OFFICIAL OR ANY CANDI-
DATE FOR PUBLIC OFFICE FROM:
1. ANY PERSON OR ENTITY THAT COMMUNICATES FOR OR AGAINST ANY ACTION BY
SUCH PUBLIC ENTITY SINCE THE DATE OF THE LAST ELECTION, WHERE SUCH
ACTION BY THE PUBLIC ENTITY WOULD HAVE A DIRECT FINANCIAL IMPACT ON SUCH
INDIVIDUAL OR ENTITY IN AN AMOUNT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS
PER YEAR;
2. ANY PERSON OR ENTITY THAT HAS OR IS SEEKING A CONTRACT WITH SUCH
PUBLIC ENTITY OR ANY AGENCY OR DEPARTMENT THEREOF, UNLESS SUCH CONTRACT
WAS THE RESULT OF SUBMITTING THE LOWEST RESPONSIBLE BID IN AN OPEN
COMPETITIVE BID PROCESS; AND
3. ANY PUBLIC EMPLOYEES OR PUBLIC EMPLOYEE UNIONS WHOSE MEMBERS ARE
FUNDED BY SUCH PUBLIC ENTITY.
S 6. The state board of elections and the joint commission on public
ethics are hereby authorized and directed to promulgate rules and regu-
lations necessary to implement the provisions of this act.
S 7. This act shall take effect on the one hundred twentieth day after
it shall have become a law.