Amd §74, Pub Off L; add §§5-c & 33-a, Leg L; add §14-115, amd §14-114, El L; add §204, Exec L
Relates to ethics reform, term limits on certain positions in the legislature, limits on campaign contributions, directing stare funds, and creating a database of state contracts.
STATE OF NEW YORK
________________________________________________________________________
5447
2025-2026 Regular Sessions
IN ASSEMBLY
February 14, 2025
___________
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-c to
18 read as follows:
19 § 5-c. 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.
LBD06818-01-5
A. 5447 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 their family, any political committee, or
4 any independent expenditure committee as defined under section 14-100 of
5 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 their family, any political
12 committee or any independent expenditure and if the individual, business
13 or corporation is awarded the contract, any state official elected to
14 public office or their family, any political committee or any independ-
15 ent expenditure that received any campaign contributions from said indi-
16 vidual, business or corporation within the last three hundred sixty-five
17 days shall refund such campaign contributions to the respective individ-
18 ual, business or corporation in full.
19 § 4. Subdivision 1 of section 14-114 of the election law, as amended
20 by chapter 105 of the laws of 2023, is amended to read as follows:
21 1. The following limitations apply to all contributions to candidates
22 for election to any public office or for nomination for any such office,
23 or for election to any party positions, and to all contributions to
24 political committees working directly or indirectly with any candidate
25 to aid or participate in such candidate's nomination or election, other
26 than any contributions to any party committee or constituted committee:
27 a. In any election for a public office to be voted on by the voters of
28 the entire state, or for nomination to any such office, no contributor
29 may make a contribution to any candidate or political committee, partic-
30 ipating in the state's public campaign financing system pursuant to
31 title two of this article and no such candidate or political committee
32 may accept any contribution from any contributor, which is in the aggre-
33 gate amount greater than [eighteen] ten thousand dollars divided equally
34 among the primary and general election in an election cycle[; provided
35 however, that the maximum amount which may be so contributed or
36 accepted, in the aggregate, from any candidate's child, parent, grand-
37 parent, brother and sister, and the spouse of any such persons, shall
38 not exceed in the case of any nomination to public office an amount
39 equivalent to the product of the number of enrolled voters in the candi-
40 date's party in the state, excluding voters in inactive status, multi-
41 plied by $.025, and in the case of any election for a public office, an
42 amount equivalent to the product of the number of registered voters in
43 the state excluding voters in inactive status, multiplied by $.025].
44 b. In any [nomination or election of a candidate] other election for
45 party position or for election to a public office or for nomination for
46 any such office, no contributor may make a contribution to any candidate
47 or political committee participating in the state's public campaign
48 financing system pursuant to title two of this article[,] and no such
49 candidate or political committee may accept any contribution from any
50 contributor, which is in the aggregate amount greater than[: (i)] ten
51 thousand dollars; however in the case of a nomination within the city of
52 New York for the office of mayor, public advocate or comptroller, such
53 amount shall be not less than four thousand dollars nor more than ten
54 thousand dollars as increased or decreased by the cost of living adjust-
55 ment described in paragraph c of this subdivision; in the case of an
56 election within the city of New York for the office of mayor, public
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1 advocate or comptroller, ten thousand dollars as increased or decreased
2 by the cost of living adjustment described in paragraph c of this subdi-
3 vision; in the case of a nomination or election for state senator, ten
4 thousand dollars, divided equally among the primary and general election
5 in an election cycle; [and (ii)] in the case of a nomination or election
6 for member of the assembly, six thousand dollars, divided equally among
7 the primary and general election in an election cycle[; provided howev-
8 er, that the maximum amount which may be so contributed or accepted, in
9 the aggregate, from such candidate's child, parent, grandparent, brother
10 and sister, and the spouse of any such persons, shall not exceed in the
11 case of any nomination for state senator or member of the assembly an
12 amount equivalent to the number of enrolled voters in the candidate's
13 party in the district in which he or she is a candidate, excluding
14 voters in inactive status, multiplied by $.25 and in the case of any
15 election for state senator or member of the assembly, an amount equiv-
16 alent to the number of registered voters in the district, excluding
17 voters in inactive status, multiplied by $.25] or twelve hundred fifty
18 dollars; provided, however, in the case of a nomination or election of a
19 state senator, [twenty] ten thousand dollars, [whichever is greater,] or
20 in the case of a nomination or election of a member of the assembly
21 [twelve] ten thousand [five hundred] dollars[, whichever is greater,]
22 but in no event shall any such maximum exceed [one hundred] ten thousand
23 dollars.
24 c. In any election for a public office to be voted on by the voters of
25 the entire state, or for nomination to any such office, no contributor
26 may make a contribution to any candidate or political committee in
27 connection with a candidate who is not a participating candidate as
28 defined in subdivision fourteen of section 14-200-a of this article, and
29 no such candidate or political committee may accept any contribution
30 from any contributor, which is in the aggregate amount greater than
31 [eighteen] ten thousand dollars, divided equally among the primary and
32 general election in an election cycle[; provided however, that the maxi-
33 mum amount which may be so contributed or accepted, in the aggregate,
34 from any candidate's child, parent, grandparent, brother and sister, and
35 the spouse of any such persons, shall not exceed in the case of any
36 nomination to public office an amount equivalent to the product of the
37 number of enrolled voters in the candidate's party in the state, exclud-
38 ing voters in inactive status, multiplied by $.025, and in the case of
39 any election for a public office, an amount equivalent to the product of
40 the number of registered voters in the state, excluding voters in inac-
41 tive status, multiplied by $.025].
42 d. In any nomination or election of a candidate who is not a partic-
43 ipating candidate for state senator, ten thousand dollars, divided
44 equally among the primary and general election in an election cycle; in
45 the case of a nomination or election for member of the assembly, six
46 thousand dollars, divided equally among the primary and general election
47 in an election cycle.
48 e. [In any other election for party position or for election to a
49 public office or for nomination for any such office, no contributor may
50 make a contribution to any candidate or political committee and no
51 candidate or political committee may accept any contribution from any
52 contributor, which is in the aggregate amount greater than: (i) in the
53 case of any election for party position, or for nomination to public
54 office, the product of the total number of enrolled voters in the candi-
55 date's party in the district in which he or she is a candidate, exclud-
56 ing voters in inactive status, multiplied by $.05, and (ii) in the case
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1 of any election for a public office, the product of the total number of
2 registered voters in the district, excluding voters in inactive status,
3 multiplied by $.05, however in the case of a nomination within the city
4 of New York for the office of mayor, public advocate or comptroller,
5 such amount shall be not less than four thousand dollars nor more than
6 twelve thousand dollars as increased or decreased by the cost of living
7 adjustment described in paragraph f of this subdivision; in the case of
8 an election within the city of New York for the office of mayor, public
9 advocate or comptroller, twenty-five thousand dollars as increased or
10 decreased by the cost of living adjustment described in paragraph f of
11 this subdivision but in no event shall any such maximum exceed fifty
12 thousand dollars or be less than one thousand dollars; provided however,
13 that the maximum amount which may be so contributed or accepted, in the
14 aggregate, from any candidate's child, parent, grandparent, brother and
15 sister, and the spouse of any such persons, shall not exceed in the case
16 of any election for party position or nomination for public office an
17 amount equivalent to the number of enrolled voters in the candidate's
18 party in the district in which he or she is a candidate, excluding
19 voters in inactive status, multiplied by $.25 and in the case of any
20 election to public office, an amount equivalent to the number of regis-
21 tered voters in the district, excluding voters in inactive status,
22 multiplied by $.25; or twelve hundred fifty dollars, whichever is great-
23 er, but in no event shall any such maximum exceed one hundred thousand
24 dollars.
25 f.] (1) At the beginning of each fourth calendar year, commencing in
26 [nineteen hundred ninety-five] two thousand twenty-six, the state board
27 shall determine the percentage of the difference between the most recent
28 available monthly consumer price index for all urban consumers published
29 by the United States bureau of labor statistics and such consumer price
30 index published for the same month four years previously. The amount of
31 each contribution limit fixed in this subdivision shall be adjusted by
32 the amount of such percentage difference to the closest one hundred
33 dollars by the state board which, not later than the first day of Febru-
34 ary in each such year, shall issue a regulation publishing the amount of
35 each such contribution limit. Each contribution limit as so adjusted
36 shall be the contribution limit in effect for any election held before
37 the next such adjustment.
38 (2) Provided, however, that such adjustments shall not occur for
39 candidates seeking statewide office, or the position of state senator or
40 member of the assembly, whether such candidate does or does not partic-
41 ipate in the public finance program established pursuant to title two of
42 this article.
43 [g.] f. Notwithstanding any other contribution limit in this section,
44 participating candidates as defined in subdivision fourteen of section
45 14-200-a of this article may contribute, out of their own money, three
46 times the applicable contribution limit to their own authorized commit-
47 tee.
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 their own campaign, no natural person may contribute,
53 loan or guarantee in excess of [one hundred fifty] ten thousand dollars
54 within the state of New York in any calendar year in connection with the
55 nomination or election of [persons to] candidates for state [and] or
A. 5447 5
1 local public offices [and] or party positions [within the state of New
2 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-four, the state board
14 shall 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.
