Bill Text: NY S06932 | 2021-2022 | General Assembly | Introduced
Bill Title: Restricts certain business entities from contributing to certain government officials.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO ELECTIONS [S06932 Detail]
Download: New_York-2021-S06932-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6932 2021-2022 Regular Sessions IN SENATE 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: 1 Section 1. The election law is amended by adding a new section 14-131 2 to read as follows: 3 § 14-131. Government participant contributions. 1. For the purposes of 4 this section the following terms shall have the following meanings: 5 (a) "Relative of any individual" shall mean any person living in the 6 same household as the individual and any person who is a direct descend- 7 ant of the grandparents of such individual or of the grandparents of 8 such individual's spouse or the spouse of such descendants; 9 (b) "Licensing" shall mean any activity respecting the grant, denial, 10 renewal, revocation, enforcement, suspension, annulment, withdrawal, 11 recall, cancellation or amendment of a license, permit or other form of 12 permission conferring the right or privilege to engage in (i) a profes- 13 sion, trade, or occupation or (ii) any business or activity regulated by 14 a regulatory agency of a city agency that in the absence of such 15 license, permit or other form of permission would be prohibited; 16 (c) "Municipal agency" shall mean: (i) any department, board, bureau, 17 commission, division, office, council, committee or officer of a munici- 18 pality, whether permanent or temporary or (ii) an industrial development 19 agency or local public benefit corporation as that term is defined in 20 section sixty-six of the general construction law; and 21 (d) "Business entity" shall mean a business corporation, professional 22 services corporation, limited liability company, partnership, limited 23 partnership, business trust, association or any other legal commercial 24 entity organized under the laws of this state or any other state or 25 foreign jurisdiction, including any subsidiary directly or indirectly EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11616-01-1S. 6932 2 1 controlled by the business entity, and any political organization, 2 including but not limited to any political organization organized under 3 section five hundred twenty-seven of the internal revenue code, that is 4 directly or indirectly controlled by the business entity, and any owner, 5 officer, director or partner of such business entity, or a relative of 6 such person. 7 2. (a) It shall be unlawful during the restricted participant contrib- 8 ution period for any person, organization, group of persons or business 9 entity or any owner, director or officer, or their relative, of such 10 business entity that submits an application for any grant or license, or 11 a bid, quotation, offer, response or application to a state or local 12 entity in response to a solicitation or request for proposal for 13 procurement, construction, reconstruction or repair, to make a contrib- 14 ution to any officeholder of the state or local governmental entity or 15 entities responsible for, or responsible for choosing, directly or indi- 16 rectly, the person or persons responsible for, issuing such posting, 17 solicitation, license, request for proposal, evaluating such response, 18 or responsible for approving or awarding the final procurement contract, 19 license or grant, or to any candidate for an office of such governmental 20 entity including to the authorized political committees of such office- 21 holder or candidate. 22 (b) For purposes of this section the assembly and senate shall be 23 considered to be two separate and distinct governmental entities when a 24 posting or solicitation for procurement is issued by only one respective 25 house. 26 (c) The state or local governmental entity directly responsible for 27 issuing such posting or solicitation for procurement shall include a 28 notice of the prohibition established by this section and the state 29 governmental entity responsible for evaluating responses to such posting 30 or solicitation shall provide, to any person, organization, group of 31 persons, or business entity that submits a proposal in response to such 32 posting or solicitation for procurement, a notice of the prohibition 33 established by this section and the restricted vendor contribution peri- 34 od commencement date. 35 3. The restricted participant contribution period described in this 36 section shall commence, with respect to a specific person, organization, 37 group of persons, or business entity that submits a bid, quotation, 38 application, offer or response to the state or local governmental entity 39 posting or solicitation, at the earliest of the date of application or 40 bid, or the date of posting on a state or local governmental entity's 41 website, in a newspaper of general circulation or in the procurement 42 opportunities newsletter in accordance with article four-C of the 43 economic development law of written notice, advertisement or solicita- 44 tion of a request for proposal, invitation for bids, or solicitations of 45 proposals, or any other method provided for by law or regulation for 46 soliciting a response from offerors intending to result in a procurement 47 contract grant or license with a state or local governmental entity or 48 the date of application. The restricted participant contribution period 49 does not apply to a person, organization, group of persons or business 50 entity that is responding to a state governmental entity's request for 51 information or other informational exchanges occurring prior to such 52 governmental entity's posting or solicitation for participation. 53 4. The restricted participation contribution period described in this 54 section shall end with respect to a specific person, organization, group 55 of persons, or business entity as provided in paragraph (a) or (b) of 56 this subdivision.S. 6932 3 1 (a) If the person, organization, group of persons, or business entity 2 is the recipient of the final contract grant or license award, the 3 restricted vendor contribution period shall end one year after the final 4 contract grant or license award and approval by the state or local 5 governmental entity and, where applicable, the state comptroller. 6 (b) If the person, organization, group of persons, or business entity 7 is not the recipient of the final contract, license or grant award, the 8 restricted vendor contribution period shall end with the final contrac- 9 tor grant award and approval by the state or local governmental entity 10 and, where applicable, the state comptroller, or the disapproval of the 11 license or grant. 12 § 2. Section 14-126 of the election law is amended by adding a new 13 subdivision 8 to read as follows: 14 8. (a) Any person, organization, group of persons, or business entity 15 as that term is used in section 14-131 of this article, who, under 16 circumstances evincing an intent to violate such law, makes a contrib- 17 ution in contravention of section 14-131 of this article shall be 18 subject to a civil penalty not to exceed the greater of ten thousand 19 dollars or an amount equal to two hundred percent of the contribution, 20 to be recoverable in a special proceeding or civil action to be brought 21 by the state board of elections chief enforcement counsel. 22 (b) Any person who, acting as or on behalf of an officeholder, candi- 23 date, or political committee, accepts a contribution in contravention of 24 section 14-131 of this article shall be required to refund such contrib- 25 ution. 26 § 3. This act shall take effect on the one hundred eightieth day after 27 it shall have become a law.
