Provides that no contracts for services with the city of New York which are awarded on a contingency basis or through a retainer agreement shall be excluded from the definition of doing business with the city for purposes of campaign finance limitations for matching contributions.
STATE OF NEW YORK
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826
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the administrative code of the city of New York, in
relation to campaign contribution limitations for entities doing busi-
ness with the city under the city campaign finance act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph a of subdivision 18 of section 3-702 of the
2 administrative code of the city of New York, as amended by local law
3 number 72 of the city of New York for the year 2017, is amended to read
4 as follows:
5 a. The term "business dealings with the city" shall mean (i) one or
6 more contracts (other than an emergency contract or a contract procured
7 through publicly-advertised competitive sealed bidding) with a single
8 person or entity for the procurement of goods, services or construction
9 that are in effect or that were entered into within the preceding
10 twelve-month period with the city of New York or any agency or entity
11 affiliated with the city of New York and have a total value at or above
12 $100,000, or, with respect to contracts for construction, at or above
13 $500,000, and shall include any contract for the underwriting of the
14 debt of the city of New York or any agency or entity affiliated with the
15 city of New York and the retention of any bond counsel, disclosure coun-
16 sel or underwriter's counsel in connection therewith; or (ii) any acqui-
17 sition or disposition of real property (other than a public auction or
18 competitive sealed bid transaction or the acquisition of property pursu-
19 ant to the department of environmental protection watershed land acqui-
20 sition program) with the city of New York or any agency or entity affil-
21 iated with the city of New York; or (iii) any application for approval
22 sought from the city of New York pursuant to the provisions of section
23 195 of the charter, any application for approval sought from the city of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01429-01-5
A. 826 2
1 New York that has been certified pursuant to the provisions of section
2 197-c of the charter, and any application for a zoning text amendment
3 that has been certified pursuant to section 201 of the charter;
4 provided, however, that for purposes of this clause, with respect to
5 section 195 an applicant shall include the lessor of an office building
6 or office space, and with respect to section 197-c an applicant shall
7 include a designated developer or sponsor of a project for which a city
8 agency or local development corporation is the applicant and provided,
9 further, however, that owner-occupants of one, two and three family
10 homes shall not be considered applicants pursuant to this clause; or
11 (iv) one or more concessions (other than a concession awarded through
12 publicly-advertised competitive sealed bid) or one or more franchises
13 with a single person or entity that are in effect or that were entered
14 into within the preceding twelve-month period from the city of New York
15 or any agency or entity affiliated with the city of New York which have
16 a total estimated annual value at or above $100,000; or (v) one or more
17 grants made to a single person or entity that are in effect or that were
18 entered into within the preceding twelve-month period that have a total
19 value at or above $100,000, received from the city of New York or any
20 agency or entity affiliated with the city of New York; or (vi) any
21 economic development agreement entered into or in effect with the city
22 of New York or any agency or entity affiliated with the city of New
23 York; or (vii) any contract for the investment of pension funds, includ-
24 ing investments in a private equity firm and contracts with investment
25 related consultants. In addition, for purposes of this chapter a lobby-
26 ist as defined in section 3-211 of this title shall be deemed to be
27 engaged in business dealings with the city of New York during all peri-
28 ods covered by a registration statement. For purposes of clauses (i),
29 (iv) and (v) of this subdivision, all contracts, concessions, franchises
30 and grants that are $5,000 or less in value shall be excluded from any
31 calculation as to whether a contract, concession, franchise or grant is
32 a business dealing with the city; provided, however, that such exclusion
33 shall not apply to contracts for services which are rendered pursuant to
34 a retainer agreement or on a contingency basis that may exceed $5,000.
35 For purposes of clauses (ii) and (iii) of this subdivision, the depart-
36 ment of city planning, in consultation with the board, may promulgate
37 rules to require the submission by applicants to the city of information
38 necessary to implement the requirements of subdivisions 1-a and 1-b of
39 section 3-703 of this chapter as they relate to clauses (ii) and (iii)
40 of this paragraph [(a) of this subdivision] for purposes of inclusion in
41 the doing business database established pursuant to subdivision 20 of
42 this section. For purposes of this subdivision, "agency or entity affil-
43 iated with the city of New York" shall mean the city school district of
44 the city of New York and any public authority, public benefit corpo-
45 ration or not for profit corporation, the majority of whose board
46 members are officials of the city of New York or are appointed by such
47 officials. The department of housing preservation and development shall
48 promulgate rules setting forth which categories of actions, transactions
49 and agreements providing affordable housing shall and shall not consti-
50 tute business dealings with the city of New York for purposes of this
51 subdivision. The department shall consider the significance of the
52 affordable housing program and the degree of discretion by city offi-
53 cials in determining which actions, transactions and agreements shall
54 and shall not constitute such business dealings. Notwithstanding any
55 provision of this subdivision, a housing assistance payment contract
56 between a landlord and the department of housing preservation and devel-
A. 826 3
1 opment or the New York city housing authority relating to the provision
2 of rent subsidies pursuant to Section 8 of the United States Housing Act
3 of 1937, 42 USC 1437 et., seq., shall not constitute business dealings
4 with the city of New York for the purposes of this subdivision.
5 § 2. This act shall take effect immediately.
