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

                                10079--A

                          I N  A S S E M B L Y

                              May 10, 2016
                               ___________

Introduced by M. of A. McLAUGHLIN, STEC -- read once and referred to the
  Committee  on  Election  Law  --  committee  discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the election law and the legislative law, in relation to
  campaign finance  reform  and  legislative  leadership  position  term
  limits

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

  Section 1. The election law is amended by adding a new section  14-115
to read as follows:
  S  14-115.  RESTRICTIONS  ON  CAMPAIGN  CONTRIBUTIONS FOR INDIVIDUALS,
BUSINESSES OR CORPORATIONS THAT WERE AWARDED CONTRACTS WITH THE STATE OR
ANY MUNICIPAL CORPORATION.  1. INDIVIDUALS, BUSINESSES  OR  CORPORATIONS
THAT  ENTER INTO A CONTRACT WITH THIS STATE OR ANY MUNICIPAL CORPORATION
SHALL BE PROHIBITED FROM MAKING ANY CONTRIBUTION TO ANY  STATE  OFFICIAL
ELECTED  TO  PUBLIC OFFICE OR HIS OR HER FAMILY, ANY POLITICAL COMMITTEE
DEFINED UNDER SECTION 14-100 OF THIS ARTICLE OR ANY INDEPENDENT EXPENDI-
TURE AS DEFINED UNDER SECTION 14-107 OF THIS ARTICLE WITHIN ONE YEAR  OF
THE CONTRACT BEING AWARDED TO THE PERSON, BUSINESS OR CORPORATION.
  2.  INDIVIDUALS,  BUSINESSES OR CORPORATIONS THAT SUBMIT A REQUEST FOR
PROPOSAL WITH THE STATE OR ANY MUNICIPALITY  IN  REGARD  TO  A  CONTRACT
SHALL  DISCLOSE  IN  THE PROPOSAL ANY CAMPAIGN CONTRIBUTIONS MADE IN THE
PREVIOUS THREE HUNDRED SIXTY-FIVE DAYS TO ANY STATE OFFICIAL ELECTED  TO
PUBLIC OFFICE OR HIS OR HER FAMILY, ANY POLITICAL COMMITTEE OR ANY INDE-
PENDENT  EXPENDITURE  AND  IF THE INDIVIDUAL, BUSINESS OR CORPORATION IS
AWARDED THE CONTRACT, ANY STATE OFFICIAL ELECTED TO PUBLIC OFFICE OR HIS
OR HER FAMILY, ANY POLITICAL COMMITTEE OR  ANY  INDEPENDENT  EXPENDITURE
THAT  RECEIVED ANY CAMPAIGN CONTRIBUTIONS FROM SAID INDIVIDUAL, BUSINESS
OR CORPORATION SHALL REFUND THE INDIVIDUAL, BUSINESS OR  CORPORATION  IN
FULL.
  S  2.  The  legislative  law is amended by adding a new section 5-b to
read as follows:
  S 5-B. LEGISLATIVE LEADERSHIP POSITION TERM LIMITS. NO MEMBER  OF  THE
STATE  LEGISLATURE  SHALL  SERVE  AS AN OFFICER OR IN A SPECIAL CAPACITY

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

                                                           LBD15297-04-6

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POSITION, AS DEFINED UNDER SECTION FIVE-A OF THIS ARTICLE, FOR MORE THAN
EIGHT YEARS.
  S  3.  Subdivision 1 of section 14-114 of the election law, as amended
by chapter 79 of the laws of 1992, paragraphs a  and  b  as  amended  by
chapter 659 of the laws of 1994, is amended to read as follows:
  1.  The following limitations apply to all contributions to candidates
for election to any public office or for nomination for any such office,
or for election to any party positions,  and  to  all  contributions  to
political  committees  working directly or indirectly with any candidate
to aid or participate in such candidate's nomination or election,  other
than any contributions to any party committee or constituted committee:
  a. In any election for a public office to be voted on by the voters of
the  entire  state, or for nomination to any such office, no contributor
may make a contribution to any candidate or political committee, and  no
candidate  or  political  committee may accept any contribution from any
contributor, which is in the aggregate amount greater than:  (i) in  the
case of any nomination to public office, the product of the total number
of  enrolled  voters  in  the  candidate's party in the state, excluding
voters in inactive status, multiplied by $.005, but such amount shall be
not less than four thousand dollars nor more than [twelve] TEN  thousand
dollars  as  increased  or  decreased  by  the cost of living adjustment
described in paragraph c of this subdivision, and (ii) in  the  case  of
any  election to a public office, [twenty-five] TEN thousand dollars [as
increased or decreased by the cost of  living  adjustment  described  in
paragraph  c  of  this  subdivision;  provided however, that the maximum
amount which may be so contributed or accepted, in the  aggregate,  from
any  candidate's child, parent, grandparent, brother and sister, and the
spouse of any such persons, shall not exceed in the case  of  any  nomi-
nation  to  public  office  an  amount  equivalent to the product of the
number of enrolled voters in the candidate's party in the state, exclud-
ing voters in inactive status, multiplied by $.025, and in the  case  of
any election for a public office, an amount equivalent to the product of
the  number  of registered voters in the state excluding voters in inac-
tive status, multiplied by $.025].
  b. In any other election for party  position  or  for  election  to  a
public  office or for nomination for any such office, no contributor may
make a contribution to any  candidate  or  political  committee  and  no
candidate  or  political  committee may accept any contribution from any
contributor, which is in the aggregate amount greater than: [(i) in  the
case  of  any  election  for party position, or for nomination to public
office, the product of the total number of enrolled voters in the candi-
date's party in the district in  which  he  is  a  candidate,  excluding
voters  in  inactive status, multiplied by $.05, and (ii) in the case of
any election for a public office, the product of  the  total  number  of
registered  voters in the district, excluding voters in inactive status,
multiplied by $.05,] TEN THOUSAND DOLLARS, however  in  the  case  of  a
nomination  within  the city of New York for the office of mayor, public
advocate or comptroller, such amount shall be not less than  four  thou-
sand dollars nor more than [twelve] TEN thousand dollars as increased or
decreased  by  the cost of living adjustment described in paragraph c of
this subdivision; in the case of an election within the city of New York
for the office of mayor, public advocate or  comptroller,  [twenty-five]
TEN  thousand  dollars  as  increased or decreased by the cost of living
adjustment described in paragraph c of this subdivision; in the case  of
a  nomination  for  state senator, four thousand dollars as increased or
decreased by the cost of living adjustment described in paragraph  c  of

A. 10079--A                         3

this  subdivision;  in  the  case  of an election for state senator, six
thousand two hundred fifty dollars as increased or decreased by the cost
of living adjustment described in paragraph c of  this  subdivision;  in
the  case  of  an  election  or nomination for a member of the assembly,
twenty-five hundred dollars as increased or decreased  by  the  cost  of
living  adjustment  described in paragraph c of this subdivision; but in
no event shall any such maximum exceed [fifty] TEN thousand  dollars  or
be  less  than  one thousand dollars; provided however, that the maximum
amount which may be so contributed or accepted, in the  aggregate,  from
any  candidate's child, parent, grandparent, brother and sister, and the
spouse of any such persons, shall not exceed in the case of any election
for party position or nomination for public office an amount  equivalent
to  [the  number  of  enrolled  voters  in  the candidate's party in the
district in which he  is  a  candidate,  excluding  voters  in  inactive
status,  multiplied  by  $.25  and in the case of any election to public
office, an amount equivalent to the number of registered voters  in  the
district,  excluding  voters in inactive status, multiplied by $.25; or]
twelve hundred fifty dollars, [whichever is greater,] or in the case  of
a  nomination  or  election  of  a  state senator, [twenty] TEN thousand
dollars, [whichever is greater,] or in  the  case  of  a  nomination  or
election  of  a  member  of  the  assembly  [twelve]  TEN thousand [five
hundred] dollars, [whichever is greater,] but in no event shall any such
maximum exceed [one hundred] TEN thousand dollars.
  c. At the beginning of each fourth calendar year, commencing in [nine-
teen hundred ninety-five] TWO THOUSAND SIXTEEN, the  state  board  shall
determine  the  percentage  of  the  difference  between the most recent
available monthly consumer price index for all urban consumers published
by the United States bureau of labor statistics and such consumer  price
index  published for the same month four years previously. The amount of
each contribution limit fixed in this subdivision shall be  adjusted  by
the  amount  of  such  percentage  difference to the closest one hundred
dollars by the state board which, not later than the first day of Febru-
ary in each such year, shall issue a regulation publishing the amount of
each such contribution limit. Each contribution  limit  as  so  adjusted
shall  be  the contribution limit in effect for any election held before
the next such adjustment.
  S 4. Subdivision 8 of section 14-114 of the election law,  as  amended
by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
laws of 1978, is amended to read as follows:
  8.  A.  Except  as may otherwise be provided [for] BY a candidate [and
his family] FOR HIS OR HER OWN CAMPAIGN, no NATURAL person may  contrib-
ute,  loan  or  guarantee  in excess of [one hundred fifty] TEN thousand
dollars within the state OF NEW YORK IN ANY CALENDAR YEAR in  connection
with  the  nomination  or  election of [persons to] CANDIDATES FOR state
[and] OR local public offices [and] OR party positions [within the state
of New York in any one calendar year].
  B. For the purposes of this subdivision "loan"  or  "guarantee"  shall
mean a loan or guarantee which is not repaid or discharged in the calen-
dar year in which it is made.
  S 5. Subdivision 10 of section 14-114 of the election law, as added by
chapter 79 of the laws of 1992, is amended to read as follows:
  10.  a.  No  contributor may make a contribution to a party or consti-
tuted committee and no such committee may accept a contribution from any
contributor which, in the aggregate, is  greater  than  [sixty-two]  TEN
thousand [five hundred] dollars per annum.

A. 10079--A                         4

  b. At the beginning of each fourth calendar year, commencing in [nine-
teen  hundred  ninety-five]  TWO THOUSAND SIXTEEN, the state board shall
determine the percentage of  the  difference  between  the  most  recent
available monthly consumer price index for all urban consumers published
by  the United States bureau of labor statistics and such consumer price
index published for the same month four years previously. The amount  of
such  contribution  limit fixed in paragraph a of this subdivision shall
be adjusted by the amount of such percentage difference to  the  closest
one  hundred  dollars by the state board which, not later than the first
day of February in each such year, shall issue a  regulation  publishing
the  amount  of  such  contribution limit. Such contribution limit as so
adjusted shall be the contribution limit in effect for any election held
before the next such adjustment.
  S 6. This act shall take effect on the ninetieth day  after  it  shall
have become a law.