S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6935
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 20, 2021
                                ___________
 
 Introduced  by  Sen.  RATH  --  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11623-01-1

 S. 6935                             2
 
 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
 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

 S. 6935                             3
 
   (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
 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.