S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8409
 
                             I N  S E N A T E
 
                                May 4, 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) "LOCAL GOVERNMENTAL AGENCY" SHALL MEAN: (I) ANY DEPARTMENT, BOARD,
 BUREAU, COMMISSION, DIVISION, OFFICE, COUNCIL, COMMITTEE OR OFFICER OF A
 MUNICIPALITY, WHETHER PERMANENT OR  TEMPORARY,  OR  (II)  AN  INDUSTRIAL
 DEVELOPMENT  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.
                                                            LBD15218-04-8

 S. 8409                             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; AND
   (E)  "STATE  GOVERNMENTAL  ENTITY"  SHALL  MEAN  ANY PUBLIC AUTHORITY,
 PUBLIC BENEFIT CORPORATION, OR NOT-FOR-PROFIT CORPORATION, THE  MAJORITY
 OF  WHOSE  BOARD  MEMBERS ARE OFFICIALS OF THE STATE OR ARE APPOINTED BY
 SUCH OFFICIALS.
   2. THE "RESTRICTED PARTICIPANT CONTRIBUTION PERIOD" AS  USED  IN  THIS
 SECTION SHALL:
   (A)  COMMENCE,  WITH  RESPECT  TO  A  SPECIFIC PERSON, RELATIVE OF ANY
 PERSON, ORGANIZATION, GROUP OF PERSONS,  OR  BUSINESS  ENTITY  THAT  (I)
 SUBMITS  A BID, QUOTATION, APPLICATION, OFFER, OR RESPONSE TO THE STATE,
 STATE GOVERNMENTAL ENTITY,  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'S,  STATE  GOVERNMENTAL  ENTITY'S,  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 CONSTRUCTION, RECONSTRUCTION, OR REPAIR CONTRACT GRANT
 OR LICENSE WITH A STATE OR LOCAL GOVERNMENTAL  ENTITY  OR  THE  DATE  OF
 APPLICATION,  (II)  SUBMITS  OR  RECEIVES  A  BID FOR ANY ACQUISITION OR
 DISPOSITION OF REAL PROPERTY (OTHER THAN A PUBLIC AUCTION OR COMPETITIVE
 SEALED BID TRANSACTION) WITH THE STATE, A STATE GOVERNMENTAL ENTITY,  OR
 LOCAL  GOVERNMENTAL  ENTITY,  OR  (III)  SUBMITS  AN  APPLICATION FOR OR
 RECEIVES THE APPROVAL OR OF A BENEFIT GIVEN OR AWARDED AT THE DISCRETION
 OF THE STATE, A STATE GOVERNMENTAL ENTITY, OR LOCAL GOVERNMENTAL ENTITY.
   THE RESTRICTED PARTICIPANT CONTRIBUTION PERIOD DOES  NOT  APPLY  TO  A
 PERSON,  RELATIVE  OF  ANY INDIVIDUAL, ORGANIZATION, GROUP OF PERSONS OR
 BUSINESS ENTITY THAT IS RESPONDING  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
   (B)  END  WITH  RESPECT  TO A SPECIFIC PERSON, RELATIVE OF ANY PERSON,
 ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY;
   (I) 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 PARTICIPANT CONTRIBUTION PERIOD SHALL END ONE YEAR
 AFTER THE FINAL CONTRACT GRANT OR LICENSE  AWARD  AND  APPROVAL  BY  THE
 STATE,  STATE  GOVERNMENTAL ENTITY, LOCAL GOVERNMENTAL ENTITY AND, WHERE
 APPLICABLE, THE STATE COMPTROLLER;
   (II) 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 PARTICIPANT CONTRIBUTION PERIOD SHALL END WITH THE
 FINAL CONTRACTOR GRANT AWARD AND APPROVAL BY THE  STATE,  STATE  GOVERN-
 MENTAL  ENTITY,  LOCAL  GOVERNMENTAL  ENTITY  AND, WHERE APPLICABLE, THE
 STATE COMPTROLLER, OR THE DISAPPROVAL OF THE LICENSE OR GRANT;
   (III) IF THE PERSON, RELATIVE,  ORGANIZATION,  GROUP  OF  PERSONS,  OR
 BUSINESS  ENTITY  IS  THE  RECIPIENT OR SELLER OF THE REAL PROPERTY, THE
 RESTRICTED PARTICIPANT CONTRIBUTION PERIOD SHALL END ONE YEAR AFTER  THE
 REAL ESTATE CLOSING TRANSACTION IS COMPLETED; OR
   (IV) IF THE PERSON, RELATIVE, ORGANIZATION, GROUP OF PERSONS, OR BUSI-
 NESS  ENTITY  SUBMITS  AN APPLICATION FOR OR RECEIVES A BENEFIT GIVEN OR
 AWARDED AT THE DISCRETION OF THE STATE, A STATE GOVERNMENTAL ENTITY,  OR

 S. 8409                             3
 
 LOCAL GOVERNMENTAL ENTITY, THE RESTRICTED PARTICIPANT CONTRIBUTION PERI-
 OD SHALL END ONE YEAR AFTER THE BENEFIT OR APPROVAL IS GIVEN OR AWARDED.
   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 THE
 STATE, STATE GOVERNMENTAL ENTITY, OR  LOCAL  ENTITY  IN  RESPONSE  TO  A
 SOLICITATION  OR  REQUEST  FOR  PROPOSAL  FOR PROCUREMENT, CONSTRUCTION,
 RECONSTRUCTION OR REPAIR, SUBMITS  OR  RECEIVES  A  BID  TO  ACQUIRE  OR
 DISPOSE  OF  REAL  PROPERTY  WITH  SUCH GOVERNMENTAL ENTITY, OR SEEKS AN
 AWARD, BENEFIT OR APPROVAL FROM A GOVERNMENTAL ENTITY, SHALL BE  REDUCED
 TO FIFTEEN PERCENT OF THE CONTRIBUTION LIMITS OTHERWISE PERMITTED PURSU-
 ANT  TO  SECTION 14-114 OF THIS ARTICLE TO THE OFFICEHOLDER OF THE STATE
 OR LOCAL  GOVERNMENTAL  ENTITY  OR  ENTITIES  RESPONSIBLE  FOR  CHOOSING
 DIRECTLY,  THE  PERSON OR PERSONS RESPONSIBLE FOR, ISSUING SUCH POSTING,
 SOLICITATION, LICENSE, REQUEST FOR PROPOSAL, EVALUATING  SUCH  RESPONSE,
 OR  THE  ENTITY DIRECTLY RESPONSIBLE FOR APPROVING OR AWARDING THE FINAL
 CONTRACT, LICENSE, GRANT, REAL PROPERTY TRANSACTION, OR APPROVAL,  AWARD
 OR BENEFIT, OR TO ANY CANDIDATE FOR AN OFFICE OF SUCH GOVERNMENTAL ENTI-
 TY INCLUDING TO THE AUTHORIZED POLITICAL COMMITTEES OF SUCH OFFICE HOLD-
 ER OR CANDIDATE.
   4.  THE STATE, STATE GOVERNMENTAL ENTITY, OR LOCAL GOVERNMENTAL ENTITY
 DIRECTLY RESPONSIBLE FOR ISSUING  SUCH  POSTING  OR  SOLICITATION  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  PROHI-
 BITION  ESTABLISHED  BY  THIS  SECTION  AND  THE  RESTRICTED PARTICIPANT
 CONTRIBUTION PERIOD COMMENCEMENT DATE.
   5. 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.
   §  2.  Section  14-126  of the election law is amended by adding a new
 subdivision 8 to read as follows:
   8. (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.