Assembly Bill A11342

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11342
 
                           I N  A S S E M B L Y
 
                            September 19, 2018
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Goodell) --
   read once and referred to the Committee 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".
   § 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:
   § 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.
   § 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.
   § 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
 THOUSAND DOLLARS PER YEAR SHALL NOT SOLICIT, MAKE OR TRANSMIT A CAMPAIGN
 CONTRIBUTION  FOR ANY PUBLIC OFFICIAL OR CANDIDATE FOR SUCH PUBLIC ENTI-
 TY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16405-01-8

 A. 11342                            2
 
   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.
   § 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:
   §  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.
   §  4.  The public officers law is amended by adding a new section 73-c
 to read as follows:
   § 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);
   (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

 A. 11342                            3
 
 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.
   §  5.  The  election  law is amended by adding a new section 14-117 to
 read as follows:
   § 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.
   §  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.
   § 7. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.