Bill Text: NY A04927 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to campaign finance reform and legislative leadership position term limits.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2022-01-05 - referred to election law [A04927 Detail]
Download: New_York-2021-A04927-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4927 2021-2022 Regular Sessions IN ASSEMBLY February 9, 2021 ___________ Introduced by M. of A. SIMPSON -- read once and referred to the Commit- tee on Election Law AN ACT to amend the election law and the legislative law, in relation to campaign finance reform and legislative leadership position term limits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The election law is amended by adding a new section 14-115 2 to read as follows: 3 § 14-115. Restrictions on campaign contributions for individuals, 4 businesses or corporations that were awarded contracts with the state or 5 any municipal corporation. 1. Individuals, businesses or corporations 6 that enter into a contract with this state or any municipal corporation 7 shall be prohibited from making any contribution to any state official 8 elected to public office or his or her family, any political committee 9 defined under section 14-100 of this article or any independent expendi- 10 ture as defined under section 14-107 of this article within one year of 11 the contract being awarded to the person, business or corporation. 12 2. Individuals, businesses or corporations that submit a request for 13 proposal with the state or any municipality in regard to a contract 14 shall disclose in the proposal any campaign contributions made in the 15 previous three hundred sixty-five days to any state official elected to 16 public office or his or her family, any political committee or any inde- 17 pendent expenditure and if the individual, business or corporation is 18 awarded the contract, any state official elected to public office or his 19 or her family, any political committee or any independent expenditure 20 that received any campaign contributions from said individual, business 21 or corporation shall refund the individual, business or corporation in 22 full. 23 § 2. The legislative law is amended by adding a new section 5-b to 24 read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09048-01-1A. 4927 2 1 § 5-b. Legislative leadership position term limits. No member of the 2 state legislature shall serve as an officer or in a special capacity 3 position, as defined under section five-a of this article, for more than 4 eight years. 5 § 3. Subdivision 1 of section 14-114 of the election law, as amended 6 by chapter 79 of the laws of 1992, paragraphs a and b as amended by 7 chapter 659 of the laws of 1994, is amended to read as follows: 8 1. The following limitations apply to all contributions to candidates 9 for election to any public office or for nomination for any such office, 10 or for election to any party positions, and to all contributions to 11 political committees working directly or indirectly with any candidate 12 to aid or participate in such candidate's nomination or election, other 13 than any contributions to any party committee or constituted committee: 14 a. In any election for a public office to be voted on by the voters of 15 the entire state, or for nomination to any such office, no contributor 16 may make a contribution to any candidate or political committee, and no 17 candidate or political committee may accept any contribution from any 18 contributor, which is in the aggregate amount greater than: (i) in the 19 case of any nomination to public office, the product of the total number 20 of enrolled voters in the candidate's party in the state, excluding 21 voters in inactive status, multiplied by $.005, but such amount shall be 22 not less than four thousand dollars nor more than [twelve] ten thousand 23 dollars as increased or decreased by the cost of living adjustment 24 described in paragraph c of this subdivision, and (ii) in the case of 25 any election to a public office, [twenty-five] ten thousand dollars [as26increased or decreased by the cost of living adjustment described in27paragraph c of this subdivision; provided however, that the maximum28amount which may be so contributed or accepted, in the aggregate, from29any candidate's child, parent, grandparent, brother and sister, and the30spouse of any such persons, shall not exceed in the case of any nomi-31nation to public office an amount equivalent to the product of the32number of enrolled voters in the candidate's party in the state, exclud-33ing voters in inactive status, multiplied by $.025, and in the case of34any election for a public office, an amount equivalent to the product of35the number of registered voters in the state excluding voters in inac-36tive status, multiplied by $.025]. 37 b. In any other election for party position or for election to a 38 public office or for nomination for any such office, no contributor may 39 make a contribution to any candidate or political committee and no 40 candidate or political committee may accept any contribution from any 41 contributor, which is in the aggregate amount greater than[: (i) in the42case of any election for party position, or for nomination to public43office, the product of the total number of enrolled voters in the candi-44date's party in the district in which he is a candidate, excluding45voters in inactive status, multiplied by $.05, and (ii) in the case of46any election for a public office, the product of the total number of47registered voters in the district, excluding voters in inactive status,48multiplied by $.05,] ten thousand dollars, however in the case of a 49 nomination within the city of New York for the office of mayor, public 50 advocate or comptroller, such amount shall be not less than four thou- 51 sand dollars nor more than [twelve] ten thousand dollars as increased or 52 decreased by the cost of living adjustment described in paragraph c of 53 this subdivision; in the case of an election within the city of New York 54 for the office of mayor, public advocate or comptroller, [twenty-five] 55 ten thousand dollars as increased or decreased by the cost of living 56 adjustment described in paragraph c of this subdivision; in the case ofA. 4927 3 1 a nomination for state senator, four thousand dollars as increased or 2 decreased by the cost of living adjustment described in paragraph c of 3 this subdivision; in the case of an election for state senator, six 4 thousand two hundred fifty dollars as increased or decreased by the cost 5 of living adjustment described in paragraph c of this subdivision; in 6 the case of an election or nomination for a member of the assembly, 7 twenty-five hundred dollars as increased or decreased by the cost of 8 living adjustment described in paragraph c of this subdivision; but in 9 no event shall any such maximum exceed [fifty] ten thousand dollars or 10 be less than one thousand dollars; provided however, that the maximum 11 amount which may be so contributed or accepted, in the aggregate, from 12 any candidate's child, parent, grandparent, brother and sister, and the 13 spouse of any such persons, shall not exceed in the case of any election 14 for party position or nomination for public office an amount equivalent 15 to [the number of enrolled voters in the candidate's party in the16district in which he is a candidate, excluding voters in inactive17status, multiplied by $.25 and in the case of any election to public18office, an amount equivalent to the number of registered voters in the19district, excluding voters in inactive status, multiplied by $.25; or] 20 twelve hundred fifty dollars, [whichever is greater,] or in the case of 21 a nomination or election of a state senator, [twenty] ten thousand 22 dollars, [whichever is greater,] or in the case of a nomination or 23 election of a member of the assembly [twelve] ten thousand [five24hundred] dollars, [whichever is greater,] but in no event shall any such 25 maximum exceed [one hundred] ten thousand dollars. 26 c. At the beginning of each fourth calendar year, commencing in [nine-27teen hundred ninety-five] two thousand twenty, the state board shall 28 determine the percentage of the difference between the most recent 29 available monthly consumer price index for all urban consumers published 30 by the United States bureau of labor statistics and such consumer price 31 index published for the same month four years previously. The amount of 32 each contribution limit fixed in this subdivision shall be adjusted by 33 the amount of such percentage difference to the closest one hundred 34 dollars by the state board which, not later than the first day of Febru- 35 ary in each such year, shall issue a regulation publishing the amount of 36 each such contribution limit. Each contribution limit as so adjusted 37 shall be the contribution limit in effect for any election held before 38 the next such adjustment. 39 § 4. Subdivision 1 of section 14-114 of the election law, as amended 40 by section 3 of part ZZZ of chapter 58 of the laws of 2020, is amended 41 to read as follows: 42 1. The following limitations apply to all contributions to candidates 43 for election to any public office or for nomination for any such office, 44 or for election to any party positions, and to all contributions to 45 political committees working directly or indirectly with any candidate 46 to aid or participate in such candidate's nomination or election, other 47 than any contributions to any party committee or constituted committee: 48 a. In any election for a public office to be voted on by the voters of 49 the entire state, or for nomination to any such office, no contributor 50 may make a contribution to any candidate or political committee, partic- 51 ipating in the state's public campaign financing system pursuant to 52 title two of this article and no such candidate or political committee 53 may accept any contribution from any contributor, which is in the aggre- 54 gate amount greater than [eighteen] ten thousand dollars divided equally 55 among the primary and general election in an election cycle[; provided56however, that the maximum amount which may be so contributed orA. 4927 4 1accepted, in the aggregate, from any candidate's child, parent, grand-2parent, brother and sister, and the spouse of any such persons, shall3not exceed in the case of any nomination to public office an amount4equivalent to the product of the number of enrolled voters in the candi-5date's party in the state, excluding voters in inactive status, multi-6plied by $.025, and in the case of any election for a public office, an7amount equivalent to the product of the number of registered voters in8the state excluding voters in inactive status, multiplied by $.025]. 9 b. In any other election for party position or for election to a 10 public office or for nomination for any such office, no contributor may 11 make a contribution to any candidate or political committee participat- 12 ing in the state's public campaign financing system pursuant to title 13 two of this article and no such candidate or political committee may 14 accept any contribution from any contributor, which is in the aggregate 15 amount greater than [election for party position, or for nomination to16public office, the product of the total number of enrolled voters in the17candidate's party in the district in which he is a candidate, excluding18voters in inactive status, multiplied by $.05, and (ii) in the case of19any election for a public office, the product of the total number of20registered voters in the district, excluding voters in inactive status,21multiplied by $.05,] ten thousand dollars, however in the case of a 22 nomination within the city of New York for the office of mayor, public 23 advocate or comptroller, such amount shall be not less than four thou- 24 sand dollars nor more than [twelve] ten thousand dollars as increased or 25 decreased by the cost of living adjustment described in paragraph c of 26 this subdivision; in the case of an election within the city of New York 27 for the office of mayor, public advocate or comptroller, [twenty-five] 28 ten thousand dollars as increased or decreased by the cost of living 29 adjustment described in paragraph c of this subdivision; in the case of 30 a nomination or election for state senator, ten thousand dollars, 31 divided equally among the primary and general election in an election 32 cycle; in the case of an election or nomination for a member of the 33 assembly, six thousand dollars, divided equally among the primary and 34 general election in an election cycle; provided however, that the maxi- 35 mum amount which may be so contributed or accepted, in the aggregate, 36 from any candidate's child, parent, grandparent, brother and sister, and 37 the spouse of any such persons, shall not exceed in the case of any 38 election for party position or nomination for public office an amount 39 equivalent to [the number of enrolled voters in the candidate's party in40the district in which he is a candidate, excluding voters in inactive41status, multiplied by $.25 and in the case of any election to public42office, an amount equivalent to the number of registered voters in the43district, excluding voters in inactive status, multiplied by $.25; or] 44 twelve hundred fifty dollars, [whichever is greater,] or in the case of 45 a nomination or election of a state senator, [twenty] ten thousand 46 dollars, [whichever is greater,] or in the case of a nomination or 47 election of a member of the assembly [twelve] ten thousand [five48hundred] dollars, [whichever is greater,] but in no event shall any such 49 maximum exceed [one hundred] ten thousand dollars. 50 c. In any election for a public office to be voted on by the voters of 51 the entire state, or for nomination to any such office, no contributor 52 may make a contribution to any candidate or political committee in 53 connection with a candidate who is not a participating candidate as 54 defined in subdivision fourteen of section 14-200-a of this article, and 55 no such candidate or political committee may accept any contribution 56 from any contributor, which is in the aggregate amount greater thanA. 4927 5 1 [eighteen] ten thousand dollars, divided equally among the primary and 2 general election in an election cycle; provided however, that the maxi- 3 mum amount which may be so contributed or accepted, in the aggregate, 4 from any candidate's child, parent, grandparent, brother and sister, and 5 the spouse of any such persons, shall not exceed in the case of any 6 nomination to public office an amount equivalent to [the product of the7number of enrolled voters in the candidate's party in the state, exclud-8ing voters in inactive status, multiplied by $.025, and in the case of9any election for a public office, an amount equivalent to the product of10the number of registered voters in the state, excluding voters in inac-11tive status, multiplied by $.025] twelve hundred fifty dollars. 12 d. In any nomination or election of a candidate who is not a partic- 13 ipating candidate for state senator, ten thousand dollars, divided 14 equally among the primary and general election in an election cycle; in 15 the case of an election or nomination for a member of the assembly, six 16 thousand dollars, divided equally among the primary and general election 17 in an election cycle. 18 e. (1) At the beginning of each fourth calendar year, commencing in 19 [nineteen hundred ninety-five] two thousand twenty-four, the state board 20 shall determine the percentage of the difference between the most recent 21 available monthly consumer price index for all urban consumers published 22 by the United States bureau of labor statistics and such consumer price 23 index published for the same month four years previously. The amount of 24 each contribution limit fixed in this subdivision shall be adjusted by 25 the amount of such percentage difference to the closest one hundred 26 dollars by the state board which, not later than the first day of Febru- 27 ary in each such year, shall issue a regulation publishing the amount of 28 each such contribution limit. Each contribution limit as so adjusted 29 shall be the contribution limit in effect for any election held before 30 the next such adjustment. 31 (2) Provided, however, that such adjustments shall not occur for 32 candidates seeking statewide office, or the position of state senator or 33 member of the assembly, whether such candidate does or does not partic- 34 ipate in the public finance program established pursuant to title two of 35 this article. 36 f. Notwithstanding any other contribution limit in this section, 37 participating candidates as defined in subdivision fourteen of section 38 14-200-a of this article may contribute, out of their own money, three 39 times the applicable contribution limit to their own authorized commit- 40 tee. 41 § 5. Subdivision 8 of section 14-114 of the election law, as amended 42 by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the 43 laws of 1978, is amended to read as follows: 44 8. a. Except as may otherwise be provided [for] by a candidate [and45his family] for his or her own campaign, no natural person may contrib- 46 ute, loan or guarantee in excess of [one hundred fifty] ten thousand 47 dollars within the state of New York in any calendar year in connection 48 with the nomination or election of [persons to] candidates for state 49 [and] or local public offices [and] or party positions [within the state50of New York in any one calendar year]. 51 b. For the purposes of this subdivision "loan" or "guarantee" shall 52 mean a loan or guarantee which is not repaid or discharged in the calen- 53 dar year in which it is made. 54 § 6. Subdivision 10 of section 14-114 of the election law, as added by 55 chapter 79 of the laws of 1992, is amended to read as follows:A. 4927 6 1 10. a. No contributor may make a contribution to a party or consti- 2 tuted committee and no such committee may accept a contribution from any 3 contributor which, in the aggregate, is greater than [sixty-two] ten 4 thousand [five hundred] dollars per annum. 5 b. At the beginning of each fourth calendar year, commencing in [nine-6teen hundred ninety-five] two thousand twenty-four, the state board 7 shall determine the percentage of the difference between the most recent 8 available monthly consumer price index for all urban consumers published 9 by the United States bureau of labor statistics and such consumer price 10 index published for the same month four years previously. The amount of 11 such contribution limit fixed in paragraph a of this subdivision shall 12 be adjusted by the amount of such percentage difference to the closest 13 one hundred dollars by the state board which, not later than the first 14 day of February in each such year, shall issue a regulation publishing 15 the amount of such contribution limit. Such contribution limit as so 16 adjusted shall be the contribution limit in effect for any election held 17 before the next such adjustment. 18 § 7. This act shall take effect on the ninetieth day after it shall 19 have become a law; provided, however, that section four of this act 20 shall take effect on the same date and in the same manner as section 3 21 of part ZZZ of chapter 58 of the laws of 2020, takes effect.