Assembly Bill A4177

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4177
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 Introduced  by  M.  of  A.  McLAUGHLIN  -- read once and referred to the
   Committee on Election Law
 
 AN ACT to amend the election law, the state finance law and  the  execu-
   tive law, in relation to campaign finance reform
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The election law is amended by adding a new section  14-115
 to read as follows:
   §  14-115.  RESTRICTIONS  ON  CAMPAIGN  CONTRIBUTIONS FOR INDIVIDUALS,
 BUSINESSES OR CORPORATIONS THAT WERE AWARDED CONTRACTS WITH  THE  STATE.
 1.  INDIVIDUALS,  BUSINESSES,  CORPORATIONS,  OR  FAMILY MEMBERS OF SUCH
 INDIVIDUALS, BUSINESSES OR CORPORATIONS THAT SUBMIT A BID IN RESPONSE TO
 A REQUEST FOR A PROPOSAL ISSUED BY THE STATE SHALL  BE  PROHIBITED  FROM
 MAKING  ANY  CONTRIBUTION  TO  AN  ELECTED  STATE  OFFICER AS DEFINED BY
 SECTION TWO OF THE PUBLIC OFFICERS LAW OR CANDIDATE FOR SUCH OFFICE, ANY
 STATE PARTY COMMITTEE AS DEFINED UNDER SUBDIVISION TWO OF SECTION 14-100
 OF THIS ARTICLE OR ANY INDEPENDENT EXPENDITURE AS DEFINED UNDER  SECTION
 14-107  OF THIS ARTICLE UPON SUBMISSION OF SUCH BID. ANY RESTRICTIONS ON
 CAMPAIGN CONTRIBUTIONS UNDER THIS SUBDIVISION SHALL APPLY ONLY  UNTIL  A
 CONTRACT  THAT  WAS  BID ON IS AWARDED OR A BIDDER IS INFORMED THAT THEY
 WILL NOT BE RECEIVING THE AWARD THEREOF.
   2. INDIVIDUALS, BUSINESSES OR CORPORATIONS OR FAMILY MEMBERS  OF  SUCH
 INDIVIDUALS,  BUSINESSES  OR  CORPORATIONS  THAT  ENTER  INTO A CONTRACT
 AWARDED BY THE STATE SHALL BE PROHIBITED FROM MAKING ANY CONTRIBUTION TO
 AN ELECTED STATE OFFICER OR CANDIDATE FOR STATE OFFICE, ANY STATE  PARTY
 COMMITTEE  DEFINED UNDER SUBDIVISION TWO OF SECTION 14-100 OF THIS CHAP-
 TER OR ANY INDEPENDENT EXPENDITURE AS DEFINED UNDER  SECTION  14-107  OF
 THIS  ARTICLE  FOR  A  PERIOD  OF  ONE  YEAR FOLLOWING THE AWARD OF SUCH
 CONTRACT.
   3. FOR THE PURPOSES OF THIS SECTION, THE CONTRIBUTION  PROHIBITION  OF
 FAMILY  MEMBERS TO STATE OFFICERS OR CANDIDATES SHALL APPLY TO ANY INDI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07903-01-7

 A. 4177                             2
 
 VIDUAL RESIDING IN THE OFFICER'S OR  CANDIDATE'S  HOUSEHOLD;  INCLUDING,
 BUT NOT LIMITED TO, A SPOUSE, DOMESTIC PARTNER AND/OR DEPENDENT CHILD.
   4. ANY INDIVIDUAL, BUSINESS OR CORPORATION THAT WILLFULLY AND KNOWING-
 LY  VIOLATES  THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A CIVIL
 PENALTY NOT IN EXCESS OF TEN THOUSAND DOLLARS PER OFFENSE TO BE RECOVER-
 ABLE IN A SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT BY THE  CHIEF
 ENFORCEMENT  COUNSEL  PURSUANT TO SECTION 16-114 OF THIS CHAPTER. IF ANY
 INDIVIDUAL, BUSINESS OR CORPORATION  VIOLATES  THE  PROVISIONS  OF  THIS
 SECTION  TWICE  THEY WILL BE PROHIBITED FROM SUBMITTING BIDS IN RESPONSE
 TO ANY REQUEST FOR A PROPOSAL ISSUED BY THE STATE FOR A PERIOD  OF  FIVE
 YEARS.  IF ANY INDIVIDUAL, BUSINESS OR CORPORATION SUBSEQUENTLY VIOLATES
 THE PROVISIONS OF THIS SECTION FOLLOWING THE IMPOSING  OF  A  FIVE  YEAR
 PROHIBITION, SUCH INDIVIDUAL, BUSINESS OR CORPORATION WILL THEREAFTER BE
 PERMANENTLY  PROHIBITED  FROM SUBMITTING BIDS IN RESPONSE TO ANY REQUEST
 FOR PROPOSAL ISSUED BY THE STATE.
   § 2. Section 163 of the state finance law is amended by adding  a  new
 subdivision 16 to read as follows:
   16. A. ANY SOLICITATION OR REQUEST FOR PROPOSAL ISSUED BY THE STATE OR
 DEPARTMENT,  DIVISION,  COMMISSION,  AGENCY,  AUTHORITY,  BOARD OR OTHER
 ENTITY THEREOF SHALL INCLUDE WITHIN SUCH SOLICITATION OR REQUEST  FOR  A
 PROPOSAL  A  NOTIFICATION  OF  RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS AS
 DEFINED UNDER SECTION 14-115 OF THE ELECTION LAW.
   B. ANY  INDIVIDUAL,  BUSINESS  OR  CORPORATION  SUBMITTING  A  BID  IN
 RESPONSE TO A STATE SOLICITATION OR REQUEST FOR A PROPOSAL SHALL INCLUDE
 THEREWITH  A  SIGNED ACKNOWLEDGMENT ATTESTING TO RECEIPT OF NOTIFICATION
 REGARDING  RESTRICTIONS  ON  CAMPAIGN  CONTRIBUTIONS  AS  DEFINED  UNDER
 SECTION 14-115 OF THE ELECTION LAW. NO BID SUBMITTED SHALL BE CONSIDERED
 COMPLETE  UNTIL  AN  ACKNOWLEDGMENT  REQUIRED  BY  THIS  SUBDIVISION  IS
 RECEIVED BY THE AWARDING AUTHORITY.
   § 3. Section 202 of the executive law, as added by chapter 170 of  the
 laws of 1994, is amended to read as follows:
   § 202. General duties. 1. The office of general services shall provide
 coordinated  services in support of state departments and agencies, and,
 as specified, authorities, municipalities and  not-for-profit  organiza-
 tions,  hereafter  for the purposes of this section referred to as agen-
 cies. Such support services shall (i) serve to conserve state resources,
 (ii) benefit multiple agencies, and (iii) be consistent with  the  needs
 and interests of the agencies receiving those services. Support services
 may  be delivered directly by the office of general services or by other
 means which ensure the cost effectiveness of those services. The commis-
 sioner of general services may recommend to the  governor  new  services
 which could be offered by the office of general services, and that would
 reduce  state  or local expenditures and facilitate the mission of agen-
 cies currently receiving or which could receive such services.
   2. THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES SHALL  ESTABLISH
 A  SINGLE  STATEWIDE  DATABASE  OF ALL CONTRACTS AWARDED BY THE STATE OR
 ENTITY THEREOF AND SHALL INCLUDE THEREIN INFORMATION  OF  ALL  CONTRACTS
 AWARDED  BY THE STATE OR ENTITY THEREOF AND SHALL INCLUDE THEREIN INFOR-
 MATION RELATED TO ALL BIDS SUBMITTED IN RESPONSE  TO  ANY  SOLICITATIONS
 FOR SUCH AWARDS.
   A. EVERY DEPARTMENT, DIVISION, COMMISSION, AGENCY, AUTHORITY, BOARD OR
 ANY  OTHER  ENTITY  OF  THE STATE SHALL SUBMIT ALL AWARDED CONTRACTS AND
 BIDS RELATED TO SUCH CONTRACTS TO THE COMMISSIONER ON A SCHEDULE AND  IN
 A FORMAT DETERMINED BY THE COMMISSIONER.

 A. 4177                             3
 
   B.  SUCH  DATABASE  SHALL  BE  AVAILABLE ONLINE FOR PUBLIC REVIEW IN A
 SEARCHABLE, DOWNLOADABLE FORMAT. SUCH DATABASE SHALL INCLUDE, BUT NOT BE
 LIMITED TO:
   (I) DESCRIPTIONS OF REQUESTS FOR PROPOSALS AND CONTRACTS;
   (II) ALL BIDS FOR STATE CONTRACTS; AND
   (III) CONTACT INFRACTION FOR ALL PARTIES TO THE CONTRACT.
   C.  THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS NECES-
 SARY FOR THE IMPLEMENTATION OF SUCH  DATABASE  ESTABLISHED  PURSUANT  TO
 THIS  SECTION  AND ENSURE THE PRIVACY OF ANY CONFIDENTIAL OR PROPRIETARY
 INFORMATION THAT MAY BE CONTAINED WITHIN A BID OR CONTRACT.
   § 4. Subdivision 1 of section 14-114 of the election law,  as  amended
 by  chapter  79  of  the  laws of 1992, paragraphs a and b as amended by
 chapter 659 of the laws of 1994, is amended to read as follows:
   1. The following limitations apply to all contributions to  candidates
 for election to any public office or for nomination for any such office,
 or  for  election  to  any  party positions, and to all contributions to
 political committees working directly or indirectly with  any  candidate
 to  aid or participate in such candidate's nomination or election, other
 than any contributions to any party committee or constituted committee:
   a. In any election for a public office to be voted on by the voters of
 the entire state, or for nomination to any such office,  no  contributor
 may  make a contribution to any candidate or political committee, and no
 candidate or political committee may accept any  contribution  from  any
 contributor,  which is in the aggregate amount greater than:  (i) in the
 case of any nomination to public office, the product of the total number
 of enrolled voters in the candidate's  party  in  the  state,  excluding
 voters in inactive status, multiplied by $.005, but such amount shall be
 not  less than four thousand dollars nor more than [twelve] TEN thousand
 dollars as increased or decreased  by  the  cost  of  living  adjustment
 described  in  paragraph  c of this subdivision, and (ii) in the case of
 any election to a public office, [twenty-five] TEN thousand dollars  [as
 increased  or  decreased  by  the cost of living adjustment described in
 paragraph c of this subdivision;  provided  however,  that  the  maximum
 amount  which  may be so contributed or accepted, in the aggregate, from
 any candidate's child, parent, grandparent, brother and sister, and  the
 spouse  of  any  such persons, shall not exceed in the case of any nomi-
 nation to public office an amount  equivalent  to  the  product  of  the
 number of enrolled voters in the candidate's party in the state, exclud-
 ing  voters  in inactive status, multiplied by $.025, and in the case of
 any election for a public office, an amount equivalent to the product of
 the number of registered voters in the state excluding voters  in  inac-
 tive status, multiplied by $.025].
   b.  In  any  other  election  for  party position or for election to a
 public office or for nomination for any such office, no contributor  may
 make  a  contribution  to  any  candidate  or political committee and no
 candidate or political committee may accept any  contribution  from  any
 contributor,  which is in the aggregate amount greater than: [(i) in the
 case of any election for party position, or  for  nomination  to  public
 office, the product of the total number of enrolled voters in the candi-
 date's  party  in  the  district  in  which he is a candidate, excluding
 voters in inactive status, multiplied by $.05, and (ii) in the  case  of
 any  election  for  a  public office, the product of the total number of
 registered voters in the district, excluding voters in inactive  status,
 multiplied  by  $.05,]  TEN  THOUSAND  DOLLARS, however in the case of a
 nomination within the city of New York for the office of  mayor,  public
 advocate  or  comptroller, such amount shall be not less than four thou-

 A. 4177                             4
 
 sand dollars nor more than [twelve] TEN thousand dollars as increased or
 decreased by the cost of living adjustment described in paragraph  c  of
 this subdivision; in the case of an election within the city of New York
 for  the  office of mayor, public advocate or comptroller, [twenty-five]
 TEN thousand dollars as increased or decreased by  the  cost  of  living
 adjustment  described in paragraph c of this subdivision; in the case of
 a nomination for state senator, four thousand dollars  as  increased  or
 decreased  by  the cost of living adjustment described in paragraph c of
 this subdivision; in the case of an  election  for  state  senator,  six
 thousand two hundred fifty dollars as increased or decreased by the cost
 of  living  adjustment  described in paragraph c of this subdivision; in
 the case of an election or nomination for  a  member  of  the  assembly,
 twenty-five  hundred  dollars  as  increased or decreased by the cost of
 living adjustment described in paragraph c of this subdivision;  but  in
 no  event  shall any such maximum exceed [fifty] TEN thousand dollars or
 be less than one thousand dollars; provided however,  that  the  maximum
 amount  which  may be so contributed or accepted, in the aggregate, from
 any candidate's child, parent, grandparent, brother and sister, and  the
 spouse of any such persons, shall not exceed in the case of any election
 for  party position or nomination for public office an amount equivalent
 to [the number of enrolled  voters  in  the  candidate's  party  in  the
 district  in  which  he  is  a  candidate,  excluding voters in inactive
 status, multiplied by $.25 and in the case of  any  election  to  public
 office,  an  amount equivalent to the number of registered voters in the
 district, excluding voters in inactive status, multiplied by  $.25;  or]
 twelve  hundred fifty dollars, [whichever is greater,] or in the case of
 a nomination or election of  a  state  senator,  [twenty]  TEN  thousand
 dollars,  [whichever  is  greater,]  or  in  the case of a nomination or
 election of a  member  of  the  assembly  [twelve]  TEN  thousand  [five
 hundred] dollars, [whichever is greater,] but in no event shall any such
 maximum exceed [one hundred] TEN thousand dollars.
   c. At the beginning of each fourth calendar year, commencing in [nine-
 teen  hundred ninety-five] TWO THOUSAND SEVENTEEN, the state board shall
 determine the percentage of  the  difference  between  the  most  recent
 available monthly consumer price index for all urban consumers published
 by  the United States bureau of labor statistics and such consumer price
 index published for the same month four years previously. The amount  of
 each  contribution  limit fixed in this subdivision shall be adjusted by
 the amount of such percentage difference  to  the  closest  one  hundred
 dollars by the state board which, not later than the first day of Febru-
 ary in each such year, shall issue a regulation publishing the amount of
 each  such  contribution  limit.  Each contribution limit as so adjusted
 shall be the contribution limit in effect for any election  held  before
 the next such adjustment.
   §  5.  Subdivision 8 of section 14-114 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:
   8. A. Except as may otherwise be provided [for] BY  a  candidate  [and
 his  family] FOR HIS OR HER OWN CAMPAIGN, no NATURAL person may contrib-
 ute, loan or guarantee in excess of [one  hundred  fifty]  TEN  thousand
 dollars  within  the  state  OF  NEW  YORK  IN  ANY ONE CALENDAR YEAR in
 connection with the nomination or election of  [persons  to]  CANDIDATES
 FOR state [and] OR local public offices [and] OR party positions [within
 the state of New York in any one calendar year].

 A. 4177                             5
 
   B.  For  the  purposes of this subdivision "loan" or "guarantee" shall
 mean a loan or guarantee which is not repaid or discharged in the calen-
 dar year in which it is made.
   § 6. Subdivision 10 of section 14-114 of the election law, as added by
 chapter 79 of the laws of 1992, is amended to read as follows:
   10.  a.  No  contributor may make a contribution to a party or consti-
 tuted committee and no such committee may accept a contribution from any
 contributor which, in the aggregate, is  greater  than  [sixty-two]  TEN
 thousand [five hundred] dollars per annum.
   b. At the beginning of each fourth calendar year, commencing in [nine-
 teen  hundred ninety-five] TWO THOUSAND SEVENTEEN, the state board shall
 determine the percentage of  the  difference  between  the  most  recent
 available monthly consumer price index for all urban consumers published
 by  the United States bureau of labor statistics and such consumer price
 index published for the same month four years previously. The amount  of
 such  contribution  limit fixed in paragraph a of this subdivision shall
 be adjusted by the amount of such percentage difference to  the  closest
 one  hundred  dollars by the state board which, not later than the first
 day of February in each such year, shall issue a  regulation  publishing
 the  amount  of  such  contribution limit. Such contribution limit as so
 adjusted shall be the contribution limit in effect for any election held
 before the next such adjustment.
   § 7. Section 14-130 of the election law, is amended by  adding  a  new
 subdivision 7 to read as follows:
   7. NO CAMPAIGN FUNDS SHALL BE USED TO PAY ATTORNEY'S FEES OR ANY COSTS
 OF  DEFENDING AGAINST ANY CIVIL OR CRIMINAL INVESTIGATION OR PROSECUTION
 FOR ALLEGED VIOLATIONS OF STATE OR FEDERAL  LAW  ALLEGED  TO  HAVE  BEEN
 COMMITTED WHILE HOLDING PUBLIC OFFICE OR AS A CANDIDATE FOR OFFICE WHERE
 THE  CANDIDATE  OR  PUBLIC OR PARTY OFFICIAL, MEMBERS OF THEIR IMMEDIATE
 FAMILIES OR PARTNERS OR THE CAMPAIGN IS THE TARGET OF SUCH INVESTIGATION
 OR PROSECUTION UNLESS SUCH EXPENDITURE IS  USED  EXCLUSIVELY  FOR  COSTS
 RELATED  TO  CIVIL OR CRIMINAL ACTIONS FOR ALLEGED VIOLATIONS RELATED TO
 ACTIVITIES PROMOTING THE NOMINATION OR ELECTION OF A CANDIDATE.
   § 8. This act shall take effect on the ninetieth day  after  it  shall
 have become a law, provided, however, that the amendments to section 163
 of  the  state  finance  law  made  by section two of this act shall not
 affect the repeal of such section and shall be  deemed  repealed  there-
 with.