S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7626

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 28, 2013
                               ___________

Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
  tee on Governmental Operations

AN ACT to amend the business corporation law, in relation to prohibiting
  gifts to public officials

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  business  corporation law is amended by adding a new
section 204 to read as follows:
S 204. PROHIBITION OF GIFTS TO PUBLIC OFFICIALS.
  (A) FOR THE PURPOSES OF THIS SECTION:
  (1) THE TERMS "GIFT" AND "PUBLIC OFFICIAL" SHALL HAVE THE SAME MEANING
AS THOSE TERMS ARE DEFINED IN THE LEGISLATIVE LAW, EXCEPT THAT THE  TERM
"GIFT",  IN ADDITION TO THE DEFINITION SET FORTH IN THE LEGISLATIVE LAW,
SHALL INCLUDE ANY PRIVILEGES,  BENEFITS  OR  RIGHTS  THAT  ARE  OFFERED,
PROVIDED  OR  MADE AVAILABLE TO A PUBLIC OFFICIAL BUT NOT TO THE GENERAL
PUBLIC.
  (2) THE TERM "PUBLIC FINANCING" SHALL INCLUDE, BUT NOT BE LIMITED  TO,
STATE  OR LOCAL GRANTS, SUBSIDIES, TAX EXEMPTIONS OR CREDITS, TAX ABATE-
MENTS, PAYMENTS IN LIEU OF TAXES, AND ANY DEBT  ISSUED  BY  A  STATE  OR
LOCAL AGENCY, A PUBLIC AUTHORITY OR A PUBLIC BENEFIT CORPORATION.
  (B)(1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO DOMES-
TIC  CORPORATION,  FOREIGN CORPORATION, OR ANY SUBSIDIARY OF SUCH CORPO-
RATION WHICH (I) IS AUTHORIZED TO DO OR DOES BUSINESS IN THIS STATE  AND
(II)  RECEIVES DIRECTLY OR INDIRECTLY ANY FORM OR TYPE OF PUBLIC FINANC-
ING SHALL OFFER, GIVE OR PROVIDE A GIFT TO ANY PUBLIC OFFICIAL.
  (2) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR  PREVENT
A  CORPORATION FROM OFFERING, GIVING OR PROVIDING GOODS OR SERVICES TO A
PUBLIC OFFICIAL ON THE SAME TERMS AND CONDITIONS AS  GOODS  OR  SERVICES
ARE OFFERED OR PROVIDED TO THE GENERAL PUBLIC.
  (C)(1)  ANY  CORPORATION  THAT VIOLATES ANY PROVISIONS OF THIS SECTION
AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10388-03-3
              

A. 7626                             2

  (I) GENERATES ANNUAL GROSS REVENUES OF LESS THAN ONE  MILLION  DOLLARS
SHALL BE SUBJECT TO A FINE OF UP TO FIVE THOUSAND DOLLARS;
  (II)  GENERATES  ANNUAL GROSS REVENUES OF BETWEEN ONE AND FIVE MILLION
DOLLARS SHALL BE SUBJECT TO A FINE OF UP TO TEN THOUSAND DOLLARS BUT NOT
LESS THAN FIVE THOUSAND DOLLARS;
  (III) GENERATES ANNUAL  GROSS  REVENUES  OF  MORE  THAN  FIVE  MILLION
DOLLARS  BUT LESS THAN TEN MILLION DOLLARS SHALL BE SUBJECT TO A FINE OF
UP TO FIFTY THOUSAND DOLLARS BUT NOT LESS THAN TEN THOUSAND DOLLARS; AND
  (IV) GENERATES ANNUAL GROSS REVENUES OF MORE THAN TEN MILLION  DOLLARS
SHALL  BE  SUBJECT  TO  A  FINE  OF UP TO TWO HUNDRED AND FIFTY THOUSAND
DOLLARS BUT NOT LESS THAN FIFTY THOUSAND DOLLARS;
  (2) ANY DIRECTOR OR OFFICER WHO KNOWINGLY VIOLATES THE  PROVISIONS  OF
THIS  SECTION  SHALL  BE  GUILTY  OF A CLASS A MISDEMEANOR, AND SHALL BE
SUBJECT TO A MONETARY FINE OF UP TO SIX TIMES THE VALUE OF THE GIFT.
  (D) THE NEW YORK STATE ATTORNEY GENERAL SHALL BE EMPOWERED AND AUTHOR-
IZED TO ENFORCE COMPLIANCE WITH THIS  SECTION,  INCLUDING  IMPOSING  THE
APPROPRIATE  PENALTIES  ON  THOSE PARTIES WHO ARE FOUND TO HAVE VIOLATED
THE PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect immediately.