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.
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.
LBD15218-04-8
S. 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, or
S. 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.