S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9924
 
                           I N  A S S E M B L Y
 
                             February 23, 2018
                                ___________
 
 Introduced by M. of A. BUCHWALD -- read once and referred to the Commit-
   tee on Election Law
 
 AN  ACT  to  amend  the  election  law, in relation to government vendor
   contributions
 
   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 14-131
 to read as follows:
   § 14-131. GOVERNMENT VENDOR CONTRIBUTIONS. 1. (A) IT SHALL BE UNLAWFUL
 DURING THE RESTRICTED VENDOR CONTRIBUTION PERIOD FOR ANY PERSON,  ORGAN-
 IZATION, GROUP OF PERSONS, OR BUSINESS ENTITY THAT SUBMITS A BID, QUOTA-
 TION, OFFER OR RESPONSE TO A STATE GOVERNMENTAL ENTITY POSTING OR SOLIC-
 ITATION FOR PROCUREMENT TO MAKE A CONTRIBUTION TO ANY OFFICEHOLDER OF OR
 WITH  AUTHORITY OVER THE STATE GOVERNMENTAL ENTITY OR ENTITIES RESPONSI-
 BLE FOR ISSUING SUCH PROCUREMENT  POSTING  OR  SOLICITATION,  EVALUATING
 RESPONSES  TO  THE  PROCUREMENT  POSTING OR SOLICITATION FOR PURPOSES OF
 DETERMINING AN AWARD, OR APPROVING  THE  SELECTION  OF  AN  AWARDEE,  OR
 AWARDING  THE  FINAL CONTRACT, OR TO ANY CANDIDATE FOR AN OFFICE OF SUCH
 GOVERNMENTAL ENTITY, INCLUDING TO  SUCH  OFFICEHOLDER'S  OR  CANDIDATE'S
 AUTHORIZED POLITICAL COMMITTEES OR POLITICAL COMMITTEES THE OFFICEHOLDER
 OR CANDIDATE EXERTS OPERATIONAL CONTROL OVER. IT SHALL FURTHER BE UNLAW-
 FUL,  PURSUANT  TO SECTION 14-120 OF THIS ARTICLE, TO MAKE CONTRIBUTIONS
 TO POLITICAL COMMITTEES NOT AUTHORIZED OR  OPERATIONALLY  CONTROLLED  BY
 THE OFFICEHOLDER OR CANDIDATE FOR THE PURPOSE OF TRANSFERRING A CONTRIB-
 UTION  TO THE OFFICEHOLDER'S OR CANDIDATE'S AUTHORIZED POLITICAL COMMIT-
 TEES OR POLITICAL COMMITTEES THEY EXERT OPERATIONAL CONTROL OVER.
   (B) FOR PURPOSES OF THIS SECTION THE  ASSEMBLY  AND  SENATE  SHALL  BE
 SEPARATE AND DISTINCT GOVERNMENTAL ENTITIES WHEN A PARTICULAR POSTING OR
 SOLICITATION FOR PROCUREMENT IS ISSUED BY ONLY ONE RESPECTIVE HOUSE.
   (C)  THE  STATE  GOVERNMENTAL  ENTITY DIRECTLY RESPONSIBLE FOR ISSUING
 SUCH POSTING OR SOLICITATION FOR PROCUREMENT SHALL INCLUDE A  NOTICE  OF
 THE  PROHIBITION  ESTABLISHED BY THIS SECTION AND THE STATE GOVERNMENTAL
 ENTITY RESPONSIBLE FOR EVALUATING RESPONSES TO SUCH POSTING OR SOLICITA-
 TION SHALL PROVIDE TO ANY PERSON, ORGANIZATION,  GROUP  OF  PERSONS,  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14548-01-8

 A. 9924                             2
 
 BUSINESS  ENTITY  THAT SUBMITS A PROPOSAL IN RESPONSE TO SUCH POSTING OR
 SOLICITATION A NOTICE OF THE PROHIBITION ESTABLISHED BY THIS SECTION AND
 THE RESTRICTED VENDOR CONTRIBUTION PERIOD COMMENCEMENT DATE.
   2.  AS  USED IN THIS SECTION "BUSINESS ENTITY" MEANS A BUSINESS CORPO-
 RATION, PROFESSIONAL SERVICES CORPORATION,  LIMITED  LIABILITY  COMPANY,
 PARTNERSHIP,  LIMITED  PARTNERSHIP,  BUSINESS  TRUST, ASSOCIATION OR ANY
 OTHER LEGAL COMMERCIAL ENTITY ORGANIZED UNDER THE LAWS OF THIS STATE  OR
 ANY  OTHER  STATE  OR  FOREIGN  JURISDICTION,  INCLUDING  ANY SUBSIDIARY
 DIRECTLY OR INDIRECTLY CONTROLLED BY THE BUSINESS ENTITY, AND ANY  POLI-
 TICAL ORGANIZATION, INCLUDING BUT NOT LIMITED TO ANY POLITICAL ORGANIZA-
 TION  ORGANIZED  UNDER SECTION 527 OF THE INTERNAL REVENUE CODE, THAT IS
 DIRECTLY OR INDIRECTLY CONTROLLED BY THE BUSINESS ENTITY.
   3. THE RESTRICTED VENDOR CONTRIBUTION PERIOD DESCRIBED IN THIS SECTION
 SHALL COMMENCE, WITH RESPECT TO A SPECIFIC PERSON,  ORGANIZATION,  GROUP
 OF PERSONS, OR BUSINESS ENTITY WHEN IT FILES A STATEMENT OF REGISTRATION
 PURSUANT  TO  SECTION ONE-E OF THE LEGISLATIVE LAW, OR ENGAGES LOBBYING,
 AS DEFINED BY SUBDIVISION (C) OF SECTION ONE-C OF THE  LEGISLATIVE  LAW,
 TO GENERATE A PROCUREMENT OPPORTUNITY OR PILOT PROGRAM OR SUBMITS A BID,
 QUOTATION, OFFER OR RESPONSE TO THE STATE GOVERNMENTAL ENTITY POSTING OR
 SOLICITATION,  AT THE EARLIEST POSTING, ON A STATE GOVERNMENTAL ENTITY'S
 WEBSITE, IN A NEWSPAPER OF GENERAL CIRCULATION  OR  IN  THE  PROCUREMENT
 OPPORTUNITIES  NEWSLETTER  IN  ACCORDANCE  WITH  ARTICLE  FOUR-C  OF THE
 ECONOMIC DEVELOPMENT LAW OF WRITTEN NOTICE, ADVERTISEMENT  OR  SOLICITA-
 TION OF A REQUEST FOR PROPOSAL, INVITATION FOR BIDS, OR SOLICITATIONS OF
 PROPOSALS,  OR  ANY  OTHER  METHOD PROVIDED FOR BY LAW OR REGULATION FOR
 SOLICITING A RESPONSE FROM OFFERERS INTENDING TO RESULT IN A PROCUREMENT
 CONTRACT  WITH  A  STATE  GOVERNMENTAL  ENTITY.  THE  RESTRICTED  VENDOR
 CONTRIBUTION  PERIOD  DOES NOT APPLY TO A PERSON, ORGANIZATION, GROUP OF
 PERSONS OR BUSINESS ENTITY THAT IS RESPONDING TO  A  STATE  GOVERNMENTAL
 ENTITY'S REQUEST FOR INFORMATION OR OTHER INFORMATIONAL EXCHANGES OCCUR-
 RING  PRIOR  TO  SUCH  GOVERNMENTAL ENTITY'S POSTING OR SOLICITATION FOR
 PROCUREMENT PROVIDED IT HAS NOT FILED A STATEMENT OF REGISTRATION PURSU-
 ANT TO SECTION ONE-E OF THE LEGISLATIVE LAW OR ENGAGED IN  LOBBYING,  AS
 DEFINED  BY  SUBDIVISION (C) OF SECTION ONE-C OF THE LEGISLATIVE LAW, TO
 GENERATE A PROCUREMENT OPPORTUNITY OR PILOT PROGRAM.
   4. THE RESTRICTED VENDOR CONTRIBUTION PERIOD DESCRIBED IN THIS SECTION
 SHALL END WITH RESPECT TO A  SPECIFIC  PERSON,  ORGANIZATION,  GROUP  OF
 PERSONS, OR BUSINESS ENTITY IF:
   (A)  THE PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY IS
 THE RECIPIENT  OF  THE  FINAL  CONTRACT  AWARD,  THE  RESTRICTED  VENDOR
 CONTRIBUTION  PERIOD SHALL END SIX MONTHS AFTER THE FINAL CONTRACT AWARD
 AND APPROVAL BY THE STATE GOVERNMENTAL ENTITY AND, WHERE APPLICABLE, THE
 STATE COMPTROLLER AND IF THE PERSON, ORGANIZATION, GROUP OF  PERSONS  OR
 BUSINESS  ENTITY  DOES  NOT LOBBY ON THE EXECUTION OF THE CONTRACT AFTER
 ITS AWARD; OR
   (B) THE PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY  IS
 NOT  THE  RECIPIENT  OF  THE FINAL CONTRACT AWARD, THE RESTRICTED VENDOR
 CONTRIBUTION PERIOD SHALL END WITH THE FINAL CONTRACT AWARD AND APPROVAL
 BY THE STATE GOVERNMENTAL ENTITY AND, WHERE APPLICABLE, THE STATE  COMP-
 TROLLER.
   5.  THE  RESTRICTED  VENDOR  CONTRIBUTION PERIOD SHALL RECOMMENCE IF A
 PERSON, ORGANIZATION, GROUP OF PERSONS OR  BUSINESS  ENTITY  ENGAGES  IN
 ACTIVITY PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   §  2.  Section  14-126  of the election law is amended by adding a new
 subdivision 7 to read as follows:

 A. 9924                             3
 
   7. (A) ANY PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS  ENTITY
 AS  THAT  TERM  IS  USED  IN  SECTION 14-131 OF THIS ARTICLE, WHO, UNDER
 CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE SUCH LAW, MAKES  A  CONTRIB-
 UTION  IN  CONTRAVENTION  OF  SECTION  14-131  OF  THIS ARTICLE SHALL BE
 SUBJECT  TO  A  CIVIL  PENALTY NOT TO EXCEED THE GREATER OF TEN THOUSAND
 DOLLARS OR AN AMOUNT EQUAL TO TWO HUNDRED PERCENT OF  THE  CONTRIBUTION,
 TO  BE RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT
 BY THE STATE BOARD OF ELECTIONS CHIEF ENFORCEMENT COUNSEL.
   (B) ANY PERSON WHO, ACTING AS OR ON BEHALF OF AN OFFICEHOLDER,  CANDI-
 DATE,  OR  POLITICAL  COMMITTEE,  ACCEPTS  A  CONTRIBUTION OR RECEIVES A
 TRANSFER IN CONTRAVENTION OF SECTION 14-131 OF  THIS  ARTICLE  SHALL  BE
 REQUIRED TO REFUND SUCH CONTRIBUTION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.