Rel §§1-u & 1-v to be §§1-x & 1-y, add §§1-u, 1-v & 1-w, Leg L; amd §14-116, add §14-117, El L; add §73-c,
Pub Off L
Prohibits campaign contributions from lobbyists, those seeking benefits from government, certain donors with contracts with the government, public employees and public unions; prohibits payment of referral fees to public officials from lobbyists; requires disclosure from certain donors when they hire a family member of a legislator or public official.
STATE OF NEW YORK
________________________________________________________________________
11342
IN ASSEMBLY
September 19, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Goodell) --
read once and referred to the Committee on Governmental Operations
AN ACT to amend the legislative law, the election law and the public
officers law, in relation to the prohibiting pay-to-play in New York
act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "prohibiting pay-to-play in New York act".
3 § 2. Sections 1-u and 1-v of the legislative law, section 1-v as
4 relettered by chapter 1 of the laws of 2005, are relettered sections 1-x
5 and 1-y and three new sections 1-u, 1-v and 1-w are added to read as
6 follows:
7 § 1-u. Restrictions on political contributions, referral fees or other
8 compensation by lobbyists. A lobbyist who appears before any state or
9 municipal corporation shall not solicit, make or transmit a campaign
10 contribution or a request for a campaign contribution or a referral fee
11 or any other compensation to any public official or candidate, including
12 a political committee for the benefit of a public official or party
13 committee, of such state or municipal corporation office.
14 § 1-v. Restrictions on acceptance of political contributions by public
15 officials. A public official or candidate for any state or municipal
16 corporation shall not knowingly accept, solicit or transmit a campaign
17 contribution or a request for a campaign contribution for himself or
18 herself or any public official, political committee, or candidate from
19 or on behalf of any lobbyist who appears before such public entity.
20 § 1-w. Restrictions on certain political contributions. 1. Any person
21 or entity that communicates for or against any legislation pending
22 before the state or municipal corporation since the date of the last
23 election, where such action or legislation would have a direct financial
24 impact on such individual or entity in an amount exceeding twenty-five
25 thousand dollars per year shall not solicit, make or transmit a campaign
26 contribution for any public official or candidate for such public enti-
27 ty.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16405-01-8
A. 11342 2
1 2. Any person or entity who has or is seeking a contract with such
2 public entity or any agency or department thereof, unless such contract
3 was the result of submitting the lowest responsible bid in an open
4 competitive bid process shall not solicit, make or transmit a campaign
5 contribution or referral fee, or other compensation to any public offi-
6 cial or candidate for said public entity or agency or department there-
7 of.
8 § 3. Section 14-116 of the election law, subdivision 1 as redesignated
9 by chapter 9 of the laws of 1978 and subdivision 2 as amended by chapter
10 260 of the laws of 1981, is amended to read as follows:
11 § 14-116. Political contributions by certain organizations. 1. No
12 corporation, limited liability company, labor union or joint-stock asso-
13 ciation doing business in this state, except a corporation or associ-
14 ation organized or maintained for political purposes only, shall direct-
15 ly or indirectly pay or use or offer, consent or agree to pay or use any
16 money or property for or in aid of any political party, committee or
17 organization, or for, or in aid of, any corporation, limited liability
18 company, labor union, joint-stock or other association organized or
19 maintained for political purposes, or for, or in aid of, any candidate
20 for political office or for nomination for such office, or for any poli-
21 tical purpose whatever, or for the reimbursement or indemnification of
22 any person for moneys or property so used. Any officer, director, stock-
23 holder, attorney or agent of any corporation, limited liability company,
24 labor union or joint-stock association which violates any of the
25 provisions of this section, who participates in, aids, abets or advises
26 or consents to any such violations, and any person who solicits or know-
27 ingly receives any money or property in violation of this section, shall
28 be guilty of a misdemeanor.
29 2. Notwithstanding the provisions of subdivision one of this section,
30 any corporation, limited liability company or an organization financial-
31 ly supported in whole or in part, by such corporation or limited liabil-
32 ity company may make expenditures, including contributions, not other-
33 wise prohibited by law, for political purposes, in an amount not to
34 exceed five thousand dollars in the aggregate in any calendar year;
35 provided that no public utility shall use revenues received from the
36 rendition of public service within the state for contributions for poli-
37 tical purposes unless such cost is charged to the shareholders of such a
38 public service corporation.
39 3. Notwithstanding the provisions of subdivisions one and two of this
40 section, no public sector employee, or labor union which represents
41 public sector employees, may make expenditures, including contributions,
42 to any public official or any political candidate for public office for
43 any public entity that employs such public sector employee or whose
44 employees are represented by such union or whose employees are funded by
45 such public entity.
46 § 4. The public officers law is amended by adding a new section 73-c
47 to read as follows:
48 § 73-c. Family member disclosure. 1. Every member of the legislature
49 shall file a statement with the joint commission on public ethics in the
50 event that any family member is or becomes employed by:
51 (a) any registered lobbyist or registered lobbying firm that is lobby-
52 ing such public entity (including local municipalities or school
53 boards);
54 (b) any person or entity that communicates for or against any legis-
55 lation pending before such legislator since the date of the last
56 election, where such action or legislation would have a direct financial
A. 11342 3
1 impact on such individual or entity in an amount exceeding twenty-five
2 thousand dollars per year;
3 (c) any person or entity who has or is seeking a contract with such
4 public entity or any agency or department thereof, unless such contract
5 was the result of submitting the lowest responsible bid in an open
6 competitive bid process; or
7 (d) any public employees or public employee unions whose members are
8 funded by such public entity.
9 2. For the purposes of this section the term "family member" shall
10 mean such member's spouse, child, stepchild, parent, stepparent,
11 siblings, domestic partner, and the parent of any child of the member.
12 § 5. The election law is amended by adding a new section 14-117 to
13 read as follows:
14 § 14-117. Limits on referral fees and other compensation. No referral
15 fee or compensation shall be paid to any public official or any candi-
16 date for public office from:
17 1. any person or entity that communicates for or against any action by
18 such public entity since the date of the last election, where such
19 action by the public entity would have a direct financial impact on such
20 individual or entity in an amount exceeding twenty-five thousand dollars
21 per year;
22 2. any person or entity that has or is seeking a contract with such
23 public entity or any agency or department thereof, unless such contract
24 was the result of submitting the lowest responsible bid in an open
25 competitive bid process; and
26 3. any public employees or public employee unions whose members are
27 funded by such public entity.
28 § 6. The state board of elections and the joint commission on public
29 ethics are hereby authorized and directed to promulgate rules and regu-
30 lations necessary to implement the provisions of this act.
31 § 7. This act shall take effect on the one hundred twentieth day after
32 it shall have become a law.
