S T A T E   O F   N E W   Y O R K
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                                    113
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by M. of A. BUCHWALD, ABINANTI, RIVERA, ENGLEBRIGHT, D'URSO,
   ASHBY, MOSLEY, PAULIN, GALEF, COLTON, PALUMBO, BLAKE, LAVINE,  CAHILL,
   MORINELLO,  GOODELL,  SANTABARBARA  --  Multi-Sponsored by -- M. of A.
   CROUCH, DAVILA, SIMON -- read once and referred to  the  Committee  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00939-01-9

 A. 113                              2
 
   (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
 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

 A. 113                              3

 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 8 to read as follows:
   8. (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.