S T A T E O F N E W Y O R K
________________________________________________________________________
8409
I N S E N A T E
May 4, 2018
___________
Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and
when printed to be committed to the Committee on Elections
AN ACT to amend the election law, in relation to restricted government
participant contribution periods
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 14-131
to read as follows:
§ 14-131. GOVERNMENT PARTICIPANT CONTRIBUTIONS. 1. FOR THE PURPOSES OF
THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "RELATIVE OF ANY PERSON" SHALL MEAN ANY PERSON LIVING IN THE SAME
HOUSEHOLD AS THE INDIVIDUAL AND ANY PERSON WHO IS A DIRECT DESCENDANT OF
THE GRANDPARENTS OF SUCH INDIVIDUAL OR OF THE GRANDPARENTS OF SUCH INDI-
VIDUAL'S SPOUSE OR THE SPOUSE OF SUCH DESCENDANTS;
(B) "LICENSING" SHALL MEAN ANY ACTIVITY RESPECTING THE GRANT, DENIAL,
RENEWAL, REVOCATION, ENFORCEMENT, SUSPENSION, ANNULMENT, WITHDRAWAL,
RECALL, CANCELLATION OR AMENDMENT OF A LICENSE, PERMIT OR OTHER FORM OF
PERMISSION CONFERRING THE RIGHT OR PRIVILEGE TO ENGAGE IN (I) A PROFES-
SION, TRADE, OR OCCUPATION, OR (II) ANY BUSINESS OR ACTIVITY REGULATED
BY A REGULATORY AGENCY OF A CITY AGENCY THAT IN THE ABSENCE OF SUCH
LICENSE, PERMIT OR OTHER FORM OF PERMISSION WOULD BE PROHIBITED;
(C) "LOCAL GOVERNMENTAL AGENCY" SHALL MEAN: (I) ANY DEPARTMENT, BOARD,
BUREAU, COMMISSION, DIVISION, OFFICE, COUNCIL, COMMITTEE OR OFFICER OF A
MUNICIPALITY, WHETHER PERMANENT OR TEMPORARY, OR (II) AN INDUSTRIAL
DEVELOPMENT AGENCY OR LOCAL PUBLIC BENEFIT CORPORATION AS THAT TERM IS
DEFINED IN SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION LAW;
(D) "BUSINESS ENTITY" SHALL MEAN A BUSINESS CORPORATION, PROFESSIONAL
SERVICES CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, LIMITED
PARTNERSHIP, BUSINESS TRUST, ASSOCIATION OR ANY OTHER LEGAL COMMERCIAL
ENTITY ORGANIZED UNDER THE LAWS OF THIS STATE OR ANY OTHER STATE OR
FOREIGN JURISDICTION, INCLUDING ANY SUBSIDIARY DIRECTLY OR INDIRECTLY
CONTROLLED BY THE BUSINESS ENTITY, AND ANY POLITICAL ORGANIZATION,
INCLUDING BUT NOT LIMITED TO ANY POLITICAL ORGANIZATION ORGANIZED UNDER
SECTION FIVE HUNDRED TWENTY-SEVEN OF THE INTERNAL REVENUE CODE, THAT IS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15218-04-8
S. 8409 2
DIRECTLY OR INDIRECTLY CONTROLLED BY THE BUSINESS ENTITY, AND ANY OWNER,
OFFICER, DIRECTOR OR PARTNER OF SUCH BUSINESS ENTITY, OR A RELATIVE OF
SUCH PERSON; AND
(E) "STATE GOVERNMENTAL ENTITY" SHALL MEAN ANY PUBLIC AUTHORITY,
PUBLIC BENEFIT CORPORATION, OR NOT-FOR-PROFIT CORPORATION, THE MAJORITY
OF WHOSE BOARD MEMBERS ARE OFFICIALS OF THE STATE OR ARE APPOINTED BY
SUCH OFFICIALS.
2. THE "RESTRICTED PARTICIPANT CONTRIBUTION PERIOD" AS USED IN THIS
SECTION SHALL:
(A) COMMENCE, WITH RESPECT TO A SPECIFIC PERSON, RELATIVE OF ANY
PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY THAT (I)
SUBMITS A BID, QUOTATION, APPLICATION, OFFER, OR RESPONSE TO THE STATE,
STATE GOVERNMENTAL ENTITY, OR LOCAL GOVERNMENTAL ENTITY POSTING OR
SOLICITATION, AT THE EARLIEST OF THE DATE OF APPLICATION OR BID, OR THE
DATE OF POSTING ON A STATE'S, STATE GOVERNMENTAL ENTITY'S, OR LOCAL
GOVERNMENTAL ENTITY'S WEBSITE, IN A NEWSPAPER OF GENERAL CIRCULATION OR
IN THE PROCUREMENT OPPORTUNITIES NEWSLETTER IN ACCORDANCE WITH ARTICLE
FOUR-C OF THE ECONOMIC DEVELOPMENT LAW OF WRITTEN NOTICE, ADVERTISEMENT
OR SOLICITATION OF A REQUEST FOR PROPOSAL, INVITATION FOR BIDS, OR
SOLICITATIONS OF PROPOSALS, OR ANY OTHER METHOD PROVIDED FOR BY LAW OR
REGULATION FOR SOLICITING A RESPONSE FROM OFFERORS INTENDING TO RESULT
IN A PROCUREMENT CONSTRUCTION, RECONSTRUCTION, OR REPAIR CONTRACT GRANT
OR LICENSE WITH A STATE OR LOCAL GOVERNMENTAL ENTITY OR THE DATE OF
APPLICATION, (II) SUBMITS OR RECEIVES A BID FOR ANY ACQUISITION OR
DISPOSITION OF REAL PROPERTY (OTHER THAN A PUBLIC AUCTION OR COMPETITIVE
SEALED BID TRANSACTION) WITH THE STATE, A STATE GOVERNMENTAL ENTITY, OR
LOCAL GOVERNMENTAL ENTITY, OR (III) SUBMITS AN APPLICATION FOR OR
RECEIVES THE APPROVAL OR OF A BENEFIT GIVEN OR AWARDED AT THE DISCRETION
OF THE STATE, A STATE GOVERNMENTAL ENTITY, OR LOCAL GOVERNMENTAL ENTITY.
THE RESTRICTED PARTICIPANT CONTRIBUTION PERIOD DOES NOT APPLY TO A
PERSON, RELATIVE OF ANY INDIVIDUAL, ORGANIZATION, GROUP OF PERSONS OR
BUSINESS ENTITY THAT IS RESPONDING TO A STATE GOVERNMENTAL ENTITY'S
REQUEST FOR INFORMATION OR OTHER INFORMATIONAL EXCHANGES OCCURRING PRIOR
TO SUCH GOVERNMENTAL ENTITY'S POSTING OR SOLICITATION FOR PARTICIPATION;
AND
(B) END WITH RESPECT TO A SPECIFIC PERSON, RELATIVE OF ANY PERSON,
ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY;
(I) IF THE PERSON, RELATIVE, ORGANIZATION, GROUP OF PERSONS, OR BUSI-
NESS ENTITY IS THE RECIPIENT OF THE FINAL CONTRACT GRANT OR LICENSE
AWARD, THE RESTRICTED PARTICIPANT CONTRIBUTION PERIOD SHALL END ONE YEAR
AFTER THE FINAL CONTRACT GRANT OR LICENSE AWARD AND APPROVAL BY THE
STATE, STATE GOVERNMENTAL ENTITY, LOCAL GOVERNMENTAL ENTITY AND, WHERE
APPLICABLE, THE STATE COMPTROLLER;
(II) IF THE PERSON, RELATIVE, ORGANIZATION, GROUP OF PERSONS, OR BUSI-
NESS ENTITY IS NOT THE RECIPIENT OF THE FINAL CONTRACT, LICENSE OR GRANT
AWARD, THE RESTRICTED PARTICIPANT CONTRIBUTION PERIOD SHALL END WITH THE
FINAL CONTRACTOR GRANT AWARD AND APPROVAL BY THE STATE, STATE GOVERN-
MENTAL ENTITY, LOCAL GOVERNMENTAL ENTITY AND, WHERE APPLICABLE, THE
STATE COMPTROLLER, OR THE DISAPPROVAL OF THE LICENSE OR GRANT;
(III) IF THE PERSON, RELATIVE, ORGANIZATION, GROUP OF PERSONS, OR
BUSINESS ENTITY IS THE RECIPIENT OR SELLER OF THE REAL PROPERTY, THE
RESTRICTED PARTICIPANT CONTRIBUTION PERIOD SHALL END ONE YEAR AFTER THE
REAL ESTATE CLOSING TRANSACTION IS COMPLETED; OR
(IV) IF THE PERSON, RELATIVE, ORGANIZATION, GROUP OF PERSONS, OR BUSI-
NESS ENTITY SUBMITS AN APPLICATION FOR OR RECEIVES A BENEFIT GIVEN OR
AWARDED AT THE DISCRETION OF THE STATE, A STATE GOVERNMENTAL ENTITY, OR
S. 8409 3
LOCAL GOVERNMENTAL ENTITY, THE RESTRICTED PARTICIPANT CONTRIBUTION PERI-
OD SHALL END ONE YEAR AFTER THE BENEFIT OR APPROVAL IS GIVEN OR AWARDED.
3. DURING THE RESTRICTED PARTICIPANT CONTRIBUTION PERIOD, THE CONTRIB-
UTION LIMITS SET FORTH IN ARTICLE FOURTEEN OF THIS CHAPTER FOR ANY
PERSON, RELATIVE OF ANY PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSI-
NESS ENTITY OR ANY OWNER, DIRECTOR OR OFFICER, OR THEIR RELATIVE, OF
SUCH BUSINESS ENTITY THAT SUBMITS AN APPLICATION FOR ANY GRANT OR
LICENSE, OR A BID, QUOTATION, OFFER, RESPONSE OR APPLICATION TO THE
STATE, STATE GOVERNMENTAL ENTITY, OR LOCAL ENTITY IN RESPONSE TO A
SOLICITATION OR REQUEST FOR PROPOSAL FOR PROCUREMENT, CONSTRUCTION,
RECONSTRUCTION OR REPAIR, SUBMITS OR RECEIVES A BID TO ACQUIRE OR
DISPOSE OF REAL PROPERTY WITH SUCH GOVERNMENTAL ENTITY, OR SEEKS AN
AWARD, BENEFIT OR APPROVAL FROM A GOVERNMENTAL ENTITY, SHALL BE REDUCED
TO FIFTEEN PERCENT OF THE CONTRIBUTION LIMITS OTHERWISE PERMITTED PURSU-
ANT TO SECTION 14-114 OF THIS ARTICLE TO THE OFFICEHOLDER OF THE STATE
OR LOCAL GOVERNMENTAL ENTITY OR ENTITIES RESPONSIBLE FOR CHOOSING
DIRECTLY, THE PERSON OR PERSONS RESPONSIBLE FOR, ISSUING SUCH POSTING,
SOLICITATION, LICENSE, REQUEST FOR PROPOSAL, EVALUATING SUCH RESPONSE,
OR THE ENTITY DIRECTLY RESPONSIBLE FOR APPROVING OR AWARDING THE FINAL
CONTRACT, LICENSE, GRANT, REAL PROPERTY TRANSACTION, OR APPROVAL, AWARD
OR BENEFIT, OR TO ANY CANDIDATE FOR AN OFFICE OF SUCH GOVERNMENTAL ENTI-
TY INCLUDING TO THE AUTHORIZED POLITICAL COMMITTEES OF SUCH OFFICE HOLD-
ER OR CANDIDATE.
4. THE STATE, STATE GOVERNMENTAL ENTITY, OR LOCAL GOVERNMENTAL ENTITY
DIRECTLY RESPONSIBLE FOR ISSUING SUCH POSTING OR SOLICITATION SHALL
INCLUDE A NOTICE OF THE PROHIBITION ESTABLISHED BY THIS SECTION AND THE
STATE GOVERNMENTAL ENTITY RESPONSIBLE FOR EVALUATING RESPONSES TO SUCH
POSTING OR SOLICITATION SHALL PROVIDE, TO ANY PERSON, ORGANIZATION,
GROUP OF PERSONS, OR BUSINESS ENTITY THAT SUBMITS A PROPOSAL IN RESPONSE
TO SUCH POSTING OR SOLICITATION FOR PROCUREMENT, A NOTICE OF THE PROHI-
BITION ESTABLISHED BY THIS SECTION AND THE RESTRICTED PARTICIPANT
CONTRIBUTION PERIOD COMMENCEMENT DATE.
5. FOR PURPOSES OF THIS SECTION, THE ASSEMBLY AND SENATE SHALL BE
SEPARATE AND DISTINCT GOVERNMENTAL ENTITIES WHEN A PARTICULAR POSTING OR
SOLICITATION FOR PROCUREMENT IS ISSUED BY ONLY ONE RESPECTIVE HOUSE.
§ 2. Section 14-126 of the election law is amended by adding a new
subdivision 8 to read as follows:
8. (A) ANY PERSON, RELATIVE OF ANY PERSON, ORGANIZATION, GROUP OF
PERSONS, OR BUSINESS ENTITY AS SUCH TERMS ARE USED AND DEFINED IN
SECTION 14-131 OF THIS ARTICLE, WHO, UNDER CIRCUMSTANCES EVINCING AN
INTENT TO VIOLATE SUCH LAW, MAKES A CONTRIBUTION IN CONTRAVENTION OF
SECTION 14-131 OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY NOT
TO EXCEED THE GREATER OF TEN THOUSAND DOLLARS OR AN AMOUNT EQUAL TO TWO
HUNDRED PERCENT OF THE CONTRIBUTION, TO BE RECOVERABLE IN A SPECIAL
PROCEEDING OR CIVIL ACTION TO BE BROUGHT BY THE STATE BOARD OF ELECTIONS
CHIEF ENFORCEMENT COUNSEL.
(B) ANY PERSON WHO, ACTING AS OR ON BEHALF OF AN OFFICEHOLDER, CANDI-
DATE, OR POLITICAL COMMITTEE, ACCEPTS A CONTRIBUTION IN CONTRAVENTION OF
SECTION 14-131 OF THIS ARTICLE SHALL BE REQUIRED TO REFUND SUCH CONTRIB-
UTION.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
