NY State Senate Bill 2017-S8104

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 28, 2018	referred to elections

2017-S8104 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §14-131, amd §14-126, El L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1935
2021-2022: S6934

2017-S8104 (ACTIVE) - Summary

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.

2017-S8104 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8104

SPONSOR: RANZENHOFER
 
TITLE OF BILL:  An act to amend the election law, in relation to
restricted government participant contribution periods

 
PURPOSE:

To limit political donations from parties applying for grants or
licenses or doing business with public entities to the public officials
or candidates who would approve such grants, licenses or contracts .

 
SUMMARY OF PROVISIONS:

Section 1 - adds a new section 14-131 to the Election Law. Paragraph 1
contains definitions. Paragraph 2 sets forth the restricted participant
contribution period. Paragraph 3 provides that during the restricted
participation contribution period, contribution from defined individ-
uals, companies and other entities, to elected officials who have direct
or indirect control over the decision to grant such grant, license or
contract shall be limited to fifteen percent of the contribution limit

that would otherwise apply. Paragraph 4 provides that for purposes of
this section, the Senate and Assembly shall be considered as two sepa-
rate governmental entities. Paragraph 5 requires certain notices by
governmental entities issuing solicitations shall include a notification
of the donation limitation.

Section 2 - sets forth the penalties for violation of this law.

Section 3 - effective date.

 
EXISTING LAW:

The Election Law currently contains various limitations on political
donations.

 
JUSTIFICATION:

Donations made to elected officials who will make the decision whether
to make a grant, issue a license, or choose who will receive a contract,
or who chooses the people who make such decisions is ripe for the
appearance of impropriety. Unfortunately, disclosures of significant
donations by persons, and persons associated with companies, who have
received significant public contracts or licenses gives rise to public
suspicion that there may be a relationship between the two occurrences,
and thus to public cynicism and distrust of the process of how public
bodies make decisions. This bill resolves this problem by limiting
donations to public officials by persons seeking grants, licenses or
business that will be given, either directly or by other public employ-
ees under the control of the elected official, until the application has
been turned down or the business given to another party; or, when the
person receives favorable action on their application, for one year
thereafter.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:
None

 
EFFECTIVE DATE:
Immediately

2017-S8104 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8104
 
                             I N  S E N A T E
 
                              March 28, 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:

   Section 1. The election law is amended by adding a new section  14-131
 to read as follows:
   § 14-131. GOVERNMENT PARTICIPANT CONTRIBUTIONS. 1. FOR THE PURPOSES OF
 THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "RELATIVE OF ANY PERSON" SHALL MEAN ANY PERSON LIVING IN THE SAME
 HOUSEHOLD AS THE INDIVIDUAL AND ANY PERSON WHO IS A DIRECT DESCENDANT OF
 THE GRANDPARENTS OF SUCH INDIVIDUAL OR OF THE GRANDPARENTS OF SUCH INDI-
 VIDUAL'S SPOUSE OR THE SPOUSE OF SUCH DESCENDANTS;
   (B) "LICENSING" SHALL MEAN ANY ACTIVITY RESPECTING THE GRANT,  DENIAL,
 RENEWAL,  REVOCATION,  ENFORCEMENT,  SUSPENSION,  ANNULMENT, WITHDRAWAL,
 RECALL, CANCELLATION OR AMENDMENT OF A LICENSE, PERMIT OR OTHER FORM  OF
 PERMISSION  CONFERRING THE RIGHT OR PRIVILEGE TO ENGAGE IN (I) A PROFES-
 SION, TRADE, OR OCCUPATION, OR (II) ANY BUSINESS OR  ACTIVITY  REGULATED
 BY  A  REGULATORY  AGENCY  OF  A CITY AGENCY THAT IN THE ABSENCE OF SUCH
 LICENSE, PERMIT OR OTHER FORM OF PERMISSION WOULD BE PROHIBITED;
   (C) "MUNICIPAL AGENCY" SHALL MEAN: (I) ANY DEPARTMENT, BOARD,  BUREAU,
 COMMISSION, DIVISION, OFFICE, COUNCIL, COMMITTEE OR OFFICER OF A MUNICI-
 PALITY,  WHETHER  PERMANENT OR TEMPORARY, OR (II) AN INDUSTRIAL DEVELOP-
 MENT AGENCY OR LOCAL PUBLIC BENEFIT CORPORATION AS THAT TERM IS  DEFINED
 IN SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION LAW;
   (D)  "BUSINESS ENTITY" SHALL MEAN A BUSINESS CORPORATION, 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  POLITICAL  ORGANIZATION,
 INCLUDING  BUT NOT LIMITED TO ANY POLITICAL ORGANIZATION ORGANIZED UNDER
 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.
                                                            LBD15218-01-8

 S. 8104                             2
 
 DIRECTLY OR INDIRECTLY CONTROLLED BY THE BUSINESS ENTITY, AND ANY OWNER,
 OFFICER,  DIRECTOR  OR PARTNER OF SUCH BUSINESS ENTITY, OR A RELATIVE OF
 SUCH PERSON;
   2.  THE  "RESTRICTED  PARTICIPANT CONTRIBUTION PERIOD" AS USED IN THIS
 SECTION SHALL:
   (I) COMMENCE, WITH RESPECT TO  A  SPECIFIC  PERSON,  RELATIVE  OF  ANY
 PERSON,  ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY THAT SUBMITS
 A BID, QUOTATION, APPLICATION, OFFER, OR RESPONSE TO THE STATE OR  LOCAL
 GOVERNMENTAL ENTITY POSTING OR SOLICITATION, AT THE EARLIEST OF THE DATE
 OF  APPLICATION  OR  BID,  OR  THE  DATE  OF POSTING ON A STATE OR LOCAL
 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  SOLICITATION  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 OFFERORS INTENDING TO RESULT
 IN A PROCUREMENT CONTRACT GRANT OR LICENSE WITH A STATE OR LOCAL GOVERN-
 MENTAL ENTITY OR THE DATE OF  APPLICATION.  THE  RESTRICTED  PARTICIPANT
 CONTRIBUTION PERIOD DOES NOT APPLY TO A PERSON, RELATIVE OF ANY INDIVID-
 UAL,  ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY THAT IS RESPOND-
 ING TO A STATE GOVERNMENTAL ENTITY'S REQUEST FOR  INFORMATION  OR  OTHER
 INFORMATIONAL  EXCHANGES  OCCURRING  PRIOR TO SUCH GOVERNMENTAL ENTITY'S
 POSTING OR SOLICITATION FOR PARTICIPATION; AND
   (II) END WITH RESPECT TO A SPECIFIC PERSON, RELATIVE  OF  ANY  PERSON,
 ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY;
   (1)  IF THE PERSON, RELATIVE, ORGANIZATION, GROUP OF PERSONS, OR BUSI-
 NESS ENTITY IS THE RECIPIENT OF THE  FINAL  CONTRACT  GRANT  OR  LICENSE
 AWARD,  THE  RESTRICTED  VENDOR  CONTRIBUTION  PERIOD SHALL END ONE YEAR
 AFTER THE FINAL CONTRACT GRANT OR LICENSE  AWARD  AND  APPROVAL  BY  THE
 STATE  OR  LOCAL  GOVERNMENTAL  ENTITY  AND, WHERE APPLICABLE, THE STATE
 COMPTROLLER; OR
   (2) IF THE PERSON, RELATIVE, ORGANIZATION, GROUP OF PERSONS, OR  BUSI-
 NESS ENTITY IS NOT THE RECIPIENT OF THE FINAL CONTRACT, LICENSE OR GRANT
 AWARD,  THE  RESTRICTED  VENDOR  CONTRIBUTION  PERIOD SHALL END WITH THE
 FINAL CONTRACTOR GRANT AWARD AND APPROVAL BY THE STATE OR LOCAL  GOVERN-
 MENTAL  ENTITY  AND,  WHERE  APPLICABLE,  THE  STATE COMPTROLLER, OR THE
 DISAPPROVAL OF THE LICENSE OR GRANT.
   3. DURING THE RESTRICTED PARTICIPANT CONTRIBUTION PERIOD, THE CONTRIB-
 UTION LIMITS SET FORTH IN ARTICLE  FOURTEEN  OF  THIS  CHAPTER  FOR  ANY
 PERSON,  RELATIVE OF ANY PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSI-
 NESS ENTITY OR ANY OWNER, DIRECTOR OR OFFICER,  OR  THEIR  RELATIVE,  OF
 SUCH  BUSINESS  ENTITY  THAT  SUBMITS  AN  APPLICATION  FOR ANY GRANT OR
 LICENSE, OR A BID, QUOTATION, OFFER, RESPONSE OR APPLICATION TO A  STATE
 OR  LOCAL  ENTITY  IN RESPONSE TO A SOLICITATION OR REQUEST FOR PROPOSAL
 FOR  PROCUREMENT,  CONSTRUCTION,  RECONSTRUCTION  OR  REPAIR,  SHALL  BE
 REDUCED  TO FIFTEEN PERCENT OF THE CONTRIBUTION LIMITS OTHERWISE PERMIT-
 TED PURSUANT TO SECTION 14-114 OF THIS ARTICLE TO  ANY  OFFICEHOLDER  OF
 THE  STATE  OR LOCAL GOVERNMENTAL ENTITY OR ENTITIES RESPONSIBLE FOR, OR
 RESPONSIBLE FOR CHOOSING, DIRECTLY OR INDIRECTLY, THE PERSON OR  PERSONS
 RESPONSIBLE  FOR,  ISSUING  SUCH POSTING, SOLICITATION, LICENSE, REQUEST
 FOR PROPOSAL, EVALUATING SUCH RESPONSE, OR RESPONSIBLE FOR APPROVING  OR
 AWARDING  THE  FINAL  PROCUREMENT  CONTRACT, LICENSE OR GRANT, OR TO ANY
 CANDIDATE FOR AN OFFICE OF SUCH GOVERNMENTAL  ENTITY  INCLUDING  TO  THE
 AUTHORIZED POLITICAL COMMITTEES OF SUCH OFFICE HOLDER OR CANDIDATE.
   4.  FOR  PURPOSES  OF  THIS  SECTION, THE ASSEMBLY AND SENATE SHALL BE
 CONSIDERED TO BE TWO SEPARATE AND DISTINCT GOVERNMENTAL ENTITIES WHEN  A

 S. 8104                             3
 
 POSTING OR SOLICITATION FOR PROCUREMENT IS ISSUED BY ONLY ONE RESPECTIVE
 HOUSE.
   5.  THE  STATE  OR  LOCAL 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 SOLICITATION SHALL PROVIDE, TO ANY  PERSON,  ORGANIZATION,  GROUP  OF
 PERSONS,  OR BUSINESS ENTITY THAT SUBMITS A PROPOSAL IN RESPONSE TO SUCH
 POSTING OR SOLICITATION FOR PROCUREMENT, A  NOTICE  OF  THE  PROHIBITION
 ESTABLISHED BY THIS SECTION AND THE RESTRICTED VENDOR CONTRIBUTION PERI-
 OD COMMENCEMENT DATE.
   §  2.  Section  14-126  of the election law is amended by adding a new
 subdivision 7 to read as follows:
   7. (A) ANY PERSON, RELATIVE OF  ANY  PERSON,  ORGANIZATION,  GROUP  OF
 PERSONS,  OR  BUSINESS  ENTITY  AS  SUCH  TERMS  ARE USED AND DEFINED IN
 SECTION 14-131 OF THIS ARTICLE, WHO,  UNDER  CIRCUMSTANCES  EVINCING  AN
 INTENT  TO  VIOLATE  SUCH  LAW, MAKES A CONTRIBUTION 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 IN CONTRAVENTION OF
 SECTION 14-131 OF THIS ARTICLE SHALL BE REQUIRED TO REFUND SUCH CONTRIB-
 UTION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S8104

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

2017-S8104 (ACTIVE) - Details

2017-S8104 (ACTIVE) - Summary

2017-S8104 (ACTIVE) - Sponsor Memo

2017-S8104 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8104

Share this bill

Sponsored By

Michael H. Ranzenhofer

Archive: Last Bill Status - In Senate Committee Elections Committee

2017-S8104 (ACTIVE) - Details

2017-S8104 (ACTIVE) - Summary

2017-S8104 (ACTIVE) - Sponsor Memo

2017-S8104 (ACTIVE) - Bill Text download pdf

Comments