NY State Senate Bill 2023-S1721

Current Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 09, 2023	recommit, enacting clause stricken
Jan 13, 2023	referred to elections

co-Sponsors

2023-S1721 (ACTIVE) - Details

Law Section:: Election Law
Laws Affected:: Add §14-131, amd §14-126, El L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5882
2021-2022: S1671

2023-S1721 (ACTIVE) - Summary

Prohibits contributions from permit and license applicants to certain entities and persons.

2023-S1721 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1721

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the election law, in relation to permit or license
applicant contributions

 
PURPOSE:

This bill would reduce the appearance of or actual improper influence of
the state permitting and licensing process and increase its fairness by
banning camping contributions from a company or its owners, officers,
directors, or the spouses, children, parents or siblings of an owner,
officer, or director of a company during a "restricted permit and
license applicant contribution period."  Prospective permit and license
applicants would be barred from making contributions when seeking a
permit or license from a state officeholder with authority over the
state governmental entity or entities responsible for issuing the permit
or license for six months after receiving a permit or license, or when
lobbying to receive a permit or license.

SUMMARY OF PROVISIONS:

Section 1 of the bill creates a new section 131 of Article 14 of the
Election Law.

Subsection 1 (a) prohibits permit or license applicant contributions,
indirectly or directly, to political committees operationally controlled
by officeholders with authority over state governmental entities respon-
sible for issuing a permit or license, evaluating responses, or deter-
mining or awarding permits or licenses.

Subsection 1 (b) requires the state government entity issuing a permit
or license to include a notice of the prohibition on campaign contrib-
utions by businesses or individuals seeking a permit or license.

Subsection 2 defines the term "business entity" broadly including affil-
iated subsidiaries and political organizations directly or indirectly
controlled by the business entity and any owner, officer, director or a
spouse, child, parent, or sibling of an owner, officer or director of
such business entity.

Subsection 3 defines the "restricted permit and license applicant
contribution period" during which a business entity may not make
contributions to the committees operationally controlled by officehold-
ers with authority over state governmental permit or license applica-
tion.

Subsection 4 indicates when the restricted permit and license applicant
contribution period ends.

Section 2 of the bill amends sections 14-126 of Election Law by adding a
new subdivision 8.

Subdivision 8 (a) provides that any business entity intentionally
violating the law is subject to a penalty of up to $10,000 or 200% of
the amount of the contribution, to be recoverable in a special proceed-
ing brought by the board of elections chief enforcement counsel. Subdi-
vision 8 (b) provides that any person acting on behalf of an officehold-
er, candidate or political committee who receives a contribution in
contravention with the restricted permit and license applicant contrib-
ution contribution prohibition will be required to refund the contrib-
ution.

Section 3 establishes the effective date of the legislation which is 180
days after passage into law.

 
JUSTIFICATION:

In March, 2019 the State Senate recognized that corruption can easily
arise when vendors are allowed to contribute to the very officeholders
who issue or supervise those who issue state contracts.  To close the
door to possible corruption, the Senate passed 53167, "An act to amend
the election law, in relation to government vendor contributions."

This bill extends the restrictions of 53167 to also restrict businesses
or individuals seeking permits or licenses from state government from
contributing to the campaigns of officials who issue or supervise the
governmental entity responsible for issuing a permit or license. Addi-
tionally, it codifies that these contribution restrictions apply not
just to a business, but to its owners, officers, or directors and the
spouses, children, parents and siblings of those owners, officers or
directors.

 
LEGISLATIVE HISTORY:

Senate

2020 - S5882 Referred to Elections

2021-2022- S1671, Referred to Elections

Assembly

2020- No Assembly Same-As

2021-2022- A7081, Referred to Election Law

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law

2023-S1721 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1721
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by  Sens. SKOUFIS, GOUNARDES, KRUEGER, SANDERS -- 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  permit  or  license
   applicant contributions
 
   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.  PERMIT OR LICENSE APPLICANT CONTRIBUTIONS. 1. (A) IT SHALL
 BE UNLAWFUL DURING THE RESTRICTED PERMIT AND LICENSE APPLICANT  CONTRIB-
 UTION PERIOD FOR ANY PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS
 ENTITY  THAT  SUBMITS AN APPLICATION FOR ANY PERMIT OR LICENSE TO MAKE A
 CONTRIBUTION TO ANY OFFICEHOLDER OF OR WITH  AUTHORITY  OVER  THE  STATE
 GOVERNMENTAL  ENTITY  OR ENTITIES RESPONSIBLE FOR ISSUING SUCH PERMIT OR
 LICENSE, EVALUATING PERMIT OR LICENSE APPLICATIONS FOR PURPOSES OF THEIR
 MERIT, OR APPROVING PERMIT OR LICENSE APPLICATIONS, OR TO ANY  CANDIDATE
 FOR   AN   OFFICE   OF  SUCH  GOVERNMENTAL  ENTITY,  INCLUDING  TO  SUCH
 OFFICEHOLDER'S OR CANDIDATE'S AUTHORIZED POLITICAL COMMITTEES  OR  POLI-
 TICAL  COMMITTEES  THE  OFFICEHOLDER  OR  CANDIDATE  EXERTS  OPERATIONAL
 CONTROL OVER. IT SHALL FURTHER BE UNLAWFUL, PURSUANT TO  SECTION  14-120
 OF  THIS  ARTICLE,  TO  MAKE  CONTRIBUTIONS  TO POLITICAL COMMITTEES NOT
 AUTHORIZED OR OPERATIONALLY CONTROLLED BY THE OFFICEHOLDER OR  CANDIDATE
 FOR  THE PURPOSE OF TRANSFERRING A CONTRIBUTION TO THE OFFICEHOLDER'S OR
 CANDIDATE'S AUTHORIZED POLITICAL COMMITTEES OR POLITICAL COMMITTEES THEY
 EXERT OPERATIONAL CONTROL OVER.
   (B) THE STATE GOVERNMENTAL ENTITY  DIRECTLY  RESPONSIBLE  FOR  ISSUING
 SUCH  PERMIT OR LICENSE SHALL INCLUDE A NOTICE OF THE PROHIBITION ESTAB-
 LISHED BY THIS SECTION IN APPLICATION MATERIALS AND  THE  STATE  GOVERN-
 MENTAL ENTITY RESPONSIBLE FOR EVALUATING SUCH APPLICATIONS SHALL PROVIDE
 TO  ANY  PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04575-01-3

 S. 1721                             2
 
 SUBMITS AN APPLICATION A NOTICE OF THE PROHIBITION ESTABLISHED  BY  THIS
 SECTION  AND  THE  RESTRICTED  PERMIT AND LICENSE APPLICANT CONTRIBUTION
 PERIOD COMMENCEMENT DATE.
   2.  AS  USED IN THIS SECTION "BUSINESS ENTITY" MEANS A BUSINESS CORPO-
 RATION, 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, ANY  POLITICAL
 ORGANIZATION,  INCLUDING  BUT  NOT LIMITED TO ANY POLITICAL ORGANIZATION
 ORGANIZED UNDER SECTION 527  OF  THE  INTERNAL  REVENUE  CODE,  THAT  IS
 DIRECTLY  OR INDIRECTLY CONTROLLED BY THE BUSINESS ENTITY AND ANY OWNER,
 OFFICER, DIRECTOR OR A SPOUSE, CHILD, PARENT, OR SIBLING  OF  AN  OWNER,
 OFFICER OR DIRECTOR OF SUCH BUSINESS ENTITY.
   3.  THE  RESTRICTED  PERMIT  AND LICENSE APPLICANT CONTRIBUTION PERIOD
 DESCRIBED IN THIS SECTION SHALL COMMENCE, WITH  RESPECT  TO  A  SPECIFIC
 PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY WHEN IT FILES
 A STATEMENT OF REGISTRATION PURSUANT TO SECTION ONE-E OF THE LEGISLATIVE
 LAW,  OR  ENGAGES  IN LOBBYING, AS DEFINED BY SUBDIVISION (C) OF SECTION
 ONE-C OF THE LEGISLATIVE LAW, TO RECEIVE A PERMIT OR LICENSE OR  SUBMITS
 AN  APPLICATION TO THE STATE GOVERNMENTAL ENTITY RESPONSIBLE FOR ISSUING
 A PERMIT  OR  LICENSE.  THE  RESTRICTED  PERMIT  AND  LICENSE  APPLICANT
 CONTRIBUTION  PERIOD  DOES NOT APPLY TO A PERSON, ORGANIZATION, GROUP OF
 PERSONS OR BUSINESS ENTITY THAT IS RESPONDING TO  A  STATE  GOVERNMENTAL
 ENTITY'S REQUEST FOR INFORMATION OR OTHER INFORMATIONAL EXCHANGES OCCUR-
 RING  PRIOR  TO  SUCH PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS
 ENTITY SUBMITTING A PERMIT OR LICENSE APPLICATION PROVIDED  IT  HAS  NOT
 FILED  A  STATEMENT  OF  REGISTRATION  PURSUANT  TO SECTION ONE-E OF THE
 LEGISLATIVE LAW OR ENGAGED IN LOBBYING, AS DEFINED BY SUBDIVISION (C) OF
 SECTION ONE-C OF THE LEGISLATIVE LAW, TO RECEIVE A PERMIT OR LICENSE.
   4. THE RESTRICTED PERMIT AND  LICENSE  APPLICANT  CONTRIBUTION  PERIOD
 DESCRIBED  IN  THIS SECTION SHALL END WITH RESPECT TO A SPECIFIC PERSON,
 ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY IF:
   (A) THE PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY  IS
 THE  RECIPIENT  OF  THE  APPLIED  FOR  PERMIT OR LICENSE, THE RESTRICTED
 PERMIT AND LICENSE APPLICANT CONTRIBUTION PERIOD SHALL  END  SIX  MONTHS
 AFTER  THE  ISSUANCE  OF THE PERMIT OR LICENSE BY THE STATE GOVERNMENTAL
 ENTITY AND, WHERE APPLICABLE, THE STATE COMPTROLLER AND IF  THE  PERSON,
 ORGANIZATION,  GROUP OF PERSONS OR BUSINESS ENTITY DOES NOT LOBBY ON THE
 PERMIT OR LICENSE AFTER ITS ISSUANCE; OR
   (B) THE PERSON, ORGANIZATION, GROUP OF PERSONS, OR  BUSINESS  ENTITY'S
 APPLICATION FOR A PERMIT OR LICENSE IS DENIED, THE RESTRICTED PERMIT AND
 LICENSE  APPLICANT  CONTRIBUTION  PERIOD  SHALL END WITH THE ISSUANCE OF
 NOTIFICATION OF THE DENIAL BY THE STATE GOVERNMENTAL ENTITY  AND,  WHERE
 APPLICABLE, THE STATE COMPTROLLER.
   5.  THE  RESTRICTED  PERMIT  AND LICENSE APPLICANT CONTRIBUTION PERIOD
 SHALL RECOMMENCE IF A PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS
 ENTITY ENGAGES IN ACTIVITY PURSUANT TO SUBDIVISION THREE OF THIS SECTION
 AND, WHERE THE APPLICATION FOR A PERMIT OR LICENSE WAS  DENIED  AND  THE
 SAME PERMIT OR LICENSE IS REAPPLIED FOR WITHIN FIVE YEARS OF THE DENIAL,
 SHALL  BE  DEEMED  TO  HAVE  NOT  ENDED  UNDER  SUBDIVISION FOUR OF THIS
 SECTION.
   § 2. Section 14-126 of the election law is amended  by  adding  a  new
 subdivision 8 to read as follows:
   8.  (A) ANY PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY
 AS THAT TERM IS USED IN SECTION  14-131  OF  THIS  ARTICLE,  WHO,  UNDER
 S. 1721                             3
 
 CIRCUMSTANCES  EVINCING AN INTENT TO VIOLATE SUCH LAWS, MAKES A CONTRIB-
 UTION 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  OR  RECEIVES  A
 TRANSFER  IN  CONTRAVENTION  OF  SECTION 14-131 OF THIS ARTICLE SHALL BE
 REQUIRED TO REFUND SUCH CONTRIBUTION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S1721

Sponsored By

Current Bill Status - Stricken

co-Sponsors

2023-S1721 (ACTIVE) - Details

2023-S1721 (ACTIVE) - Summary

2023-S1721 (ACTIVE) - Sponsor Memo

2023-S1721 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1721

Share this bill

Sponsored By

James Skoufis

Current Bill Status - Stricken

co-Sponsors

Andrew Gounardes

Liz Krueger

James Sanders Jr.

2023-S1721 (ACTIVE) - Details

2023-S1721 (ACTIVE) - Summary

2023-S1721 (ACTIVE) - Sponsor Memo

2023-S1721 (ACTIVE) - Bill Text download pdf

Comments