Bill Text: NY A06224 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to ethics reform.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental operations [A06224 Detail]

Download: New_York-2019-A06224-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6224
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      March 4, 2019
                                       ___________
        Introduced  by  M.  of  A.  MORINELLO  --  read once and referred to the
          Committee on Governmental Operations
        AN ACT to amend the  public  officers  law,  the  legislative  law,  the
          election law and the executive law, in relation to ethics reform
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 4 of section 74 of the public officers law,  as
     2  amended  by  chapter  14  of  the  laws  of  2007, is amended to read as
     3  follows:
     4    4. Violations. In addition to  any  penalty  contained  in  any  other
     5  provision of law any such officer, member or employee who shall knowing-
     6  ly  and  intentionally violate any of the provisions of this section may
     7  be fined, suspended or removed from office or employment in  the  manner
     8  provided  by  law.  Any  such individual who knowingly and intentionally
     9  violates the provisions of paragraph b, c, d or i of  subdivision  three
    10  of  this section shall be subject to a civil penalty in an amount not to
    11  exceed [ten] forty thousand dollars and the value of any  gift,  compen-
    12  sation or benefit received as a result of such violation. Any such indi-
    13  vidual  who knowingly and intentionally violates the provisions of para-
    14  graph a, e or g of subdivision three of this section shall be subject to
    15  a civil penalty in an amount not  to  exceed  the  value  of  any  gift,
    16  compensation or benefit received as a result of such violation.
    17    §  2.  The  legislative  law is amended by adding a new section 5-b to
    18  read as follows:
    19    § 5-b. Term limits. No member of the legislature  may  be  elected  to
    20  serve  more  than four consecutive two-year terms as temporary president
    21  of the senate, minority leader of the senate, speaker of  the  assembly,
    22  minority leader of the assembly or chairperson of any senate or assembly
    23  committee.
    24    §  3.  The  election  law is amended by adding a new section 14-115 to
    25  read as follows:
    26    § 14-115. Restrictions  on  campaign  contributions  for  individuals,
    27  businesses or corporations that were awarded contracts with the state or
    28  any  municipal  corporation.  1. Individuals, businesses or corporations
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08767-01-9
        A. 6224                             2
     1  that enter into a contract with this state or any municipal  corporation
     2  shall  be  prohibited from making any contribution to any state official
     3  elected to public office or his or her family, any political  committee,
     4  or any independent expenditure committee as defined under section 14-100
     5  of  this  article  within  one year of the contract being awarded to the
     6  person, business or corporation.
     7    2. Individuals, businesses or corporations that submit a response to a
     8  duly issued request for proposal with the state or any  municipality  in
     9  regard  to  a  contract  shall  disclose  in  the  proposal any campaign
    10  contributions made in the previous three hundred sixty-five days to  any
    11  state  official elected to public office or his or her family, any poli-
    12  tical committee or any independent expenditure and  if  the  individual,
    13  business  or  corporation  is  awarded  the contract, any state official
    14  elected to public office or his or her family, any  political  committee
    15  or  any independent expenditure that received any campaign contributions
    16  from said individual, business or  corporation  within  the  last  three
    17  hundred  sixty-five days shall refund such campaign contributions to the
    18  respective individual, business or corporation in full.
    19    § 4. Paragraphs a, b and c of subdivision 1 of section 14-114  of  the
    20  election  law,  paragraphs a and b as amended by chapter 659 of the laws
    21  of 1994, and paragraph c as amended by chapter 79 of the laws  of  1992,
    22  are amended to read as follows:
    23    a. In any election for a public office to be voted on by the voters of
    24  the  entire  state, or for nomination to any such office, no contributor
    25  may make a contribution to any candidate or political committee, and  no
    26  candidate  or  political  committee may accept any contribution from any
    27  contributor, which is in the aggregate amount greater than:  (i) in  the
    28  case of any nomination to public office, the product of the total number
    29  of  enrolled  voters  in  the  candidate's party in the state, excluding
    30  voters in inactive status, multiplied by $.005, but such amount shall be
    31  not less than four thousand dollars nor more than [twelve] ten  thousand
    32  dollars  as  increased  or  decreased  by  the cost of living adjustment
    33  described in paragraph c of this subdivision, and (ii) in  the  case  of
    34  any  election to a public office, [twenty-five] ten thousand dollars [as
    35  increased or decreased by the cost of  living  adjustment  described  in
    36  paragraph  c  of  this  subdivision;  provided however, that the maximum
    37  amount which may be so contributed or accepted, in the  aggregate,  from
    38  any  candidate's child, parent, grandparent, brother and sister, and the
    39  spouse of any such persons, shall not exceed in the case  of  any  nomi-
    40  nation  to  public  office  an  amount  equivalent to the product of the
    41  number of enrolled voters in the candidate's party in the state, exclud-
    42  ing voters in inactive status, multiplied by $.025, and in the  case  of
    43  any election for a public office, an amount equivalent to the product of
    44  the  number  of registered voters in the state excluding voters in inac-
    45  tive status, multiplied by $.025].
    46    b. In any other election for party  position  or  for  election  to  a
    47  public  office or for nomination for any such office, no contributor may
    48  make a contribution to any  candidate  or  political  committee  and  no
    49  candidate  or  political  committee may accept any contribution from any
    50  contributor, which is in the aggregate amount greater than: [(i) in  the
    51  case  of  any  election  for party position, or for nomination to public
    52  office, the product of the total number of enrolled voters in the candi-
    53  date's party in the district in  which  he  is  a  candidate,  excluding
    54  voters  in  inactive status, multiplied by $.05, and (ii) in the case of
    55  any election for a public office, the product of  the  total  number  of
    56  registered  voters in the district, excluding voters in inactive status,
        A. 6224                             3

     1  multiplied by $.05,] ten thousand dollars, however  in  the  case  of  a
     2  nomination  within  the city of New York for the office of mayor, public
     3  advocate or comptroller, such amount shall be not less than  four  thou-
     4  sand dollars nor more than [twelve] ten thousand dollars as increased or
     5  decreased  by  the cost of living adjustment described in paragraph c of
     6  this subdivision; in the case of an election within the city of New York
     7  for the office of mayor, public advocate or  comptroller,  [twenty-five]
     8  ten  thousand  dollars  as  increased or decreased by the cost of living
     9  adjustment described in paragraph c of this subdivision; in the case  of
    10  a  nomination  for  state senator, four thousand dollars as increased or
    11  decreased by the cost of living adjustment described in paragraph  c  of
    12  this  subdivision;  in  the  case  of an election for state senator, six
    13  thousand two hundred fifty dollars as increased or decreased by the cost
    14  of living adjustment described in paragraph c of  this  subdivision;  in
    15  the  case  of  an  election  or nomination for a member of the assembly,
    16  twenty-five hundred dollars as increased or decreased  by  the  cost  of
    17  living  adjustment  described in paragraph c of this subdivision; but in
    18  no event shall any such maximum exceed [fifty] ten thousand  dollars  or
    19  be  less  than  one thousand dollars; provided however, that the maximum
    20  amount which may be so contributed or accepted, in the  aggregate,  from
    21  any  candidate's child, parent, grandparent, brother and sister, and the
    22  spouse of any such persons, shall not exceed in the case of any election
    23  for party position or nomination for public office an amount  equivalent
    24  to  [the  number  of  enrolled  voters  in  the candidate's party in the
    25  district in which he  is  a  candidate,  excluding  voters  in  inactive
    26  status,  multiplied  by  $.25  and in the case of any election to public
    27  office, an amount equivalent to the number of registered voters  in  the
    28  district,  excluding  voters in inactive status, multiplied by $.25; or]
    29  twelve hundred fifty dollars, [whichever is greater,] or in the case  of
    30  a  nomination  or  election  of  a  state senator, [twenty] ten thousand
    31  dollars, [whichever is greater,] or in  the  case  of  a  nomination  or
    32  election  of  a  member  of  the  assembly  [twelve]  ten thousand [five
    33  hundred] dollars, [whichever is greater,] but in no event shall any such
    34  maximum exceed [one hundred] ten thousand dollars.
    35    c. At the beginning of each fourth calendar year, commencing in [nine-
    36  teen hundred ninety-five] two thousand twenty,  the  state  board  shall
    37  determine  the  percentage  of  the  difference  between the most recent
    38  available monthly consumer price index for all urban consumers published
    39  by the United States bureau of labor statistics and such consumer  price
    40  index  published for the same month four years previously. The amount of
    41  each contribution limit fixed in this subdivision shall be  adjusted  by
    42  the  amount  of  such  percentage  difference to the closest one hundred
    43  dollars by the state board which, not later than the first day of Febru-
    44  ary in each such year, shall issue a regulation publishing the amount of
    45  each such contribution limit. Each contribution  limit  as  so  adjusted
    46  shall  be  the contribution limit in effect for any election held before
    47  the next such adjustment.
    48    § 5. Subdivision 8 of section 14-114 of the election law,  as  amended
    49  by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
    50  laws of 1978, is amended to read as follows:
    51    8.  a.  Except  as may otherwise be provided [for] by a candidate [and
    52  his family] for his or her own campaign, no natural person may  contrib-
    53  ute,  loan  or  guarantee  in excess of [one hundred fifty] ten thousand
    54  dollars within the state of New York in any calendar year in  connection
    55  with  the  nomination  or  election of [persons to] candidates for state
        A. 6224                             4
     1  [and] or local public offices [and] or party positions [within the state
     2  of New York in any one calendar year].
     3    b.  For  the  purposes of this subdivision "loan" or "guarantee" shall
     4  mean a loan or guarantee which is not repaid or discharged in the calen-
     5  dar year in which it is made.
     6    § 6. Subdivision 10 of section 14-114 of the election law, as added by
     7  chapter 79 of the laws of 1992, is amended to read as follows:
     8    10. a. No contributor may make a contribution to a  party  or  consti-
     9  tuted committee and no such committee may accept a contribution from any
    10  contributor  which,  in  the  aggregate, is greater than [sixty-two] ten
    11  thousand [five hundred] dollars per annum.
    12    b. At the beginning of each fourth calendar year, commencing in [nine-
    13  teen hundred ninety-five] two thousand twenty,  the  state  board  shall
    14  determine  the  percentage  of  the  difference  between the most recent
    15  available monthly consumer price index for all urban consumers published
    16  by the United States bureau of labor statistics and such consumer  price
    17  index  published for the same month four years previously. The amount of
    18  such contribution limit fixed in paragraph a of this  subdivision  shall
    19  be  adjusted  by the amount of such percentage difference to the closest
    20  one hundred dollars by the state board which, not later than  the  first
    21  day  of  February in each such year, shall issue a regulation publishing
    22  the amount of such contribution limit. Such  contribution  limit  as  so
    23  adjusted shall be the contribution limit in effect for any election held
    24  before the next such adjustment.
    25    §  7.  The  legislative law is amended by adding a new section 33-a to
    26  read as follows:
    27    § 33-a. Directing of state funds. No member of the  legislature  shall
    28  direct  any  state funds to any individual, business or corporation that
    29  has, at any time during the member's candidacy  for  office  or  elected
    30  term,  made any contribution to any member of the legislature, statewide
    31  elected official, political committee or independent expenditure commit-
    32  tee as defined by section 14-100 of the election law.
    33    § 8. The executive law is amended by adding a new section 204 to  read
    34  as follows:
    35    §  204.  Statewide  database of all contracts awarded by the state. 1.
    36  The commissioner shall establish a  single  statewide  database  of  all
    37  contracts awarded by the state or entity thereof and shall include ther-
    38  ein  information of all contracts awarded by the state or entity thereof
    39  and shall include therein information related to all bids  submitted  in
    40  response to any solicitations for such awards.
    41    2. Every department, division, commission, agency, authority, board or
    42  any  other  entity  of  the state shall submit all awarded contracts and
    43  bids related to such contracts to the commissioner on a schedule and  in
    44  a format determined by the commissioner.
    45    3.  Such  database  shall  be  available online for public review in a
    46  searchable, downloadable format. Such database shall include, but not be
    47  limited to:
    48    (a) descriptions of requests for proposals and contracts;
    49    (b) all bids for state contracts; and
    50    (c) contact information for all parties to the contract.
    51    4. The commissioner shall promulgate any rules and regulations  neces-
    52  sary  for  the  implementation  of such database established pursuant to
    53  this section and ensure the privacy of any confidential  or  proprietary
    54  information that may be contained within a bid or contract.
    55    § 9. This act shall take effect immediately.