Bill Text: NY S08409 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to restricted government participant contribution periods; civil penalty not to exceed the greater of ten thousand dollars or an amount equal to two hundred percent of the contribution.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-05-09 - referred to election law [S08409 Detail]
Download: New_York-2017-S08409-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8409 IN SENATE May 4, 2018 ___________ Introduced by Sen. RANZENHOFER -- 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 person" shall mean any person living in the same 6 household as the individual and any person who is a direct descendant of 7 the grandparents of such individual or of the grandparents of such indi- 8 vidual'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 14 by 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) "Local governmental agency" shall mean: (i) any department, board, 17 bureau, commission, division, office, council, committee or officer of a 18 municipality, whether permanent or temporary, or (ii) an industrial 19 development agency or local public benefit corporation as that term is 20 defined in section sixty-six of the general construction law; 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 26 controlled by the business entity, and any political organization, 27 including but not limited to any political organization organized under 28 section five hundred twenty-seven of the internal revenue code, that is EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15218-04-8S. 8409 2 1 directly or indirectly controlled by the business entity, and any owner, 2 officer, director or partner of such business entity, or a relative of 3 such person; and 4 (e) "State governmental entity" shall mean any public authority, 5 public benefit corporation, or not-for-profit corporation, the majority 6 of whose board members are officials of the state or are appointed by 7 such officials. 8 2. The "restricted participant contribution period" as used in this 9 section shall: 10 (a) commence, with respect to a specific person, relative of any 11 person, organization, group of persons, or business entity that (i) 12 submits a bid, quotation, application, offer, or response to the state, 13 state governmental entity, or local governmental entity posting or 14 solicitation, at the earliest of the date of application or bid, or the 15 date of posting on a state's, state governmental entity's, or local 16 governmental entity's website, in a newspaper of general circulation or 17 in the procurement opportunities newsletter in accordance with article 18 four-C of the economic development law of written notice, advertisement 19 or solicitation of a request for proposal, invitation for bids, or 20 solicitations of proposals, or any other method provided for by law or 21 regulation for soliciting a response from offerors intending to result 22 in a procurement construction, reconstruction, or repair contract grant 23 or license with a state or local governmental entity or the date of 24 application, (ii) submits or receives a bid for any acquisition or 25 disposition of real property (other than a public auction or competitive 26 sealed bid transaction) with the state, a state governmental entity, or 27 local governmental entity, or (iii) submits an application for or 28 receives the approval or of a benefit given or awarded at the discretion 29 of the state, a state governmental entity, or local governmental entity. 30 The restricted participant contribution period does not apply to a 31 person, relative of any individual, organization, group of persons or 32 business entity that is responding to a state governmental entity's 33 request for information or other informational exchanges occurring prior 34 to such governmental entity's posting or solicitation for participation; 35 and 36 (b) end with respect to a specific person, relative of any person, 37 organization, group of persons, or business entity; 38 (i) if the person, relative, organization, group of persons, or busi- 39 ness entity is the recipient of the final contract grant or license 40 award, the restricted participant contribution period shall end one year 41 after the final contract grant or license award and approval by the 42 state, state governmental entity, local governmental entity and, where 43 applicable, the state comptroller; 44 (ii) if the person, relative, organization, group of persons, or busi- 45 ness entity is not the recipient of the final contract, license or grant 46 award, the restricted participant contribution period shall end with the 47 final contractor grant award and approval by the state, state govern- 48 mental entity, local governmental entity and, where applicable, the 49 state comptroller, or the disapproval of the license or grant; 50 (iii) if the person, relative, organization, group of persons, or 51 business entity is the recipient or seller of the real property, the 52 restricted participant contribution period shall end one year after the 53 real estate closing transaction is completed; or 54 (iv) if the person, relative, organization, group of persons, or busi- 55 ness entity submits an application for or receives a benefit given or 56 awarded at the discretion of the state, a state governmental entity, orS. 8409 3 1 local governmental entity, the restricted participant contribution peri- 2 od shall end one year after the benefit or approval is given or awarded. 3 3. During the restricted participant contribution period, the contrib- 4 ution limits set forth in article fourteen of this chapter for any 5 person, relative of any person, organization, group of persons or busi- 6 ness entity or any owner, director or officer, or their relative, of 7 such business entity that submits an application for any grant or 8 license, or a bid, quotation, offer, response or application to the 9 state, state governmental entity, or local entity in response to a 10 solicitation or request for proposal for procurement, construction, 11 reconstruction or repair, submits or receives a bid to acquire or 12 dispose of real property with such governmental entity, or seeks an 13 award, benefit or approval from a governmental entity, shall be reduced 14 to fifteen percent of the contribution limits otherwise permitted pursu- 15 ant to section 14-114 of this article to the officeholder of the state 16 or local governmental entity or entities responsible for choosing 17 directly, the person or persons responsible for, issuing such posting, 18 solicitation, license, request for proposal, evaluating such response, 19 or the entity directly responsible for approving or awarding the final 20 contract, license, grant, real property transaction, or approval, award 21 or benefit, or to any candidate for an office of such governmental enti- 22 ty including to the authorized political committees of such office hold- 23 er or candidate. 24 4. The state, state governmental entity, or local governmental entity 25 directly responsible for issuing such posting or solicitation shall 26 include a notice of the prohibition established by this section and the 27 state governmental entity responsible for evaluating responses to such 28 posting or solicitation shall provide, to any person, organization, 29 group of persons, or business entity that submits a proposal in response 30 to such posting or solicitation for procurement, a notice of the prohi- 31 bition established by this section and the restricted participant 32 contribution period commencement date. 33 5. For purposes of this section, the assembly and senate shall be 34 separate and distinct governmental entities when a particular posting or 35 solicitation for procurement is issued by only one respective house. 36 § 2. Section 14-126 of the election law is amended by adding a new 37 subdivision 8 to read as follows: 38 8. (a) Any person, relative of any person, organization, group of 39 persons, or business entity as such terms are used and defined in 40 section 14-131 of this article, who, under circumstances evincing an 41 intent to violate such law, makes a contribution in contravention of 42 section 14-131 of this article shall be subject to a civil penalty not 43 to exceed the greater of ten thousand dollars or an amount equal to two 44 hundred percent of the contribution, to be recoverable in a special 45 proceeding or civil action to be brought by the state board of elections 46 chief enforcement counsel. 47 (b) Any person who, acting as or on behalf of an officeholder, candi- 48 date, or political committee, accepts a contribution in contravention of 49 section 14-131 of this article shall be required to refund such contrib- 50 ution. 51 § 3. This act shall take effect on the one hundred eightieth day after 52 it shall have become a law.
