S T A T E O F N E W Y O R K
________________________________________________________________________
10846
I N A S S E M B L Y
May 23, 2018
___________
Introduced by M. of A. ASHBY -- read once and referred to the Committee
on Election Law
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:
§ 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.
§ 2. The legislative law is amended by adding a new section 5-b to
read as follows:
§ 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.
LBD15471-01-8
A. 10846 2
POSITION, AS DEFINED UNDER SECTION FIVE-A OF THIS ARTICLE, FOR MORE THAN
EIGHT YEARS.
§ 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
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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 EIGHTEEN, 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.
§ 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.
§ 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.
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b. At the beginning of each fourth calendar year, commencing in [nine-
teen hundred ninety-five] TWO THOUSAND EIGHTEEN, 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.
§ 6. This act shall take effect on the ninetieth day after it shall
have become a law.