NY State Senate Bill 2019-S5882

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
Jan 08, 2020	referred to elections
May 16, 2019	referred to elections

co-Sponsors

2019-S5882 (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:: 2021-2022: S1671
2023-2024: S1721

2019-S5882 (ACTIVE) - Summary

Prohibits contributions from permit and license applicants to certain entities and persons.

2019-S5882 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5882

SPONSOR: SKOUFIS
 
TITLE OF BILL:  An act to amend the election law, in relation to
permit or license applicant contributions

 
PURPOSE:

This bill would reduce the appearance of or actual improper influence of
the state permitting and licensing process and increase its fairness by
banning camping contributions from a company or its owners, officers,
directors, or the spouses, children, parents or siblings of an owner,
officer, or director of a company during a "restricted permit and
license applicant contribution period."  Prospective permit and license
applicants would be barred from making contributions when seeking a
permit or license from a state officeholder with authority over the
state govemmental entity or entities responsible for issuing the permit
or license for six months after receiving a permit or license, or when
lobbying to receive a permit or license.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill creates a new section 131 of Article 14 of the
Election Law.

Subsection 1 (a) prohibits permit or license applicant contributions,
indirectly or directly, to political committees operationally controlled
by officeholders with authority over state governmental entities respon-
sible for issuing a permit or license, evaluating responses, or deter-
mining or awarding permits or licenses.

Subsection 1 (b) requires the state government entity issuing a permit
or license to include a notice of the prohibition on campaign contrib-
utions by businesses or individuals seeking a permit or license.

Subsection 2 defines the term "business entity" broadly including affil-
iated subsidiaries and political organizations directly or indirectly
controlled by the business entity and any owner, officer, director or a
spouse, child, parent, or sibling of an owner, officer or director of
such business entity.

Subsection 3 defines the "restricted permit and license applicant
contribution period" during which a business entity may not make
contributions to the committees operationally controlled by officehold-
ers with authority over state governmental permit or license applica-
tion.

Subsection 4 indicates when the restricted permit and license applicant
contribution period ends.

Section 2 of the bill amends sections 14-126 of Election Law by adding a
new subdivision 8.

Subdivision 8 (a) provides that any business entity intentionally
violating the law is subject to a penalty of up to $10,000 or 200% of
the amount of the contribution, to be recoverable in a special proceed-
ing brought by the board of elections chief enforcement counsel.


Subdivision 8 (b) provides that any person acting on behalf of an
officeholder, candidate or political committee who receives a contrib-
ution in contravention with the restricted permit and license applicant
contribution contribution prohibition will be required to refund the
contribution.

Section 3 establishes the effective date of the legislation which is 180
days after passage into law.

 
JUSTIFICATION:

In March, 2019 the State Senate recognized that corruption can easily
arise when vendors are allowed to contribute to the very officeholders
who issue or supervise those who issue state contracts.  To close the
door to possible corruption, the Senate passed S3167, "An act to amend
the election law, in relation to government vendor contributions."

This bill extends the restrictions of S3167 to also restrict businesses
or individuals seeking permits or licenses from state government from
contributing to the campaigns of officials who issue or supervise the
governmental entity responsible for issuing a permit or license. Addi-
tionally, it codifies that these contribution restrictions apply not
just to a business, but to its owners, officers, or directors and the
spouses, children, parents and siblings of those owners, officers or
directors.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2019-S5882 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5882
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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  permit  or  license
   applicant 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.  PERMIT OR LICENSE APPLICANT CONTRIBUTIONS. 1. (A) IT SHALL
 BE UNLAWFUL DURING THE RESTRICTED PERMIT AND LICENSE APPLICANT  CONTRIB-
 UTION PERIOD FOR ANY PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS
 ENTITY  THAT  SUBMITS AN APPLICATION FOR ANY PERMIT OR LICENSE TO MAKE A
 CONTRIBUTION TO ANY OFFICEHOLDER OF OR WITH  AUTHORITY  OVER  THE  STATE
 GOVERNMENTAL  ENTITY  OR ENTITIES RESPONSIBLE FOR ISSUING SUCH PERMIT OR
 LICENSE, EVALUATING PERMIT OR LICENSE APPLICATIONS FOR PURPOSES OF THEIR
 MERIT, OR APPROVING PERMIT OR LICENSE APPLICATIONS, OR TO ANY  CANDIDATE
 FOR   AN   OFFICE   OF  SUCH  GOVERNMENTAL  ENTITY,  INCLUDING  TO  SUCH
 OFFICEHOLDER'S OR CANDIDATE'S AUTHORIZED POLITICAL COMMITTEES  OR  POLI-
 TICAL  COMMITTEES  THE  OFFICEHOLDER  OR  CANDIDATE  EXERTS  OPERATIONAL
 CONTROL OVER. IT SHALL FURTHER BE UNLAWFUL, 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 CONTRIBUTION TO THE OFFICEHOLDER'S OR
 CANDIDATE'S AUTHORIZED POLITICAL COMMITTEES OR POLITICAL COMMITTEES THEY
 EXERT OPERATIONAL CONTROL OVER.
   (B) THE STATE GOVERNMENTAL ENTITY  DIRECTLY  RESPONSIBLE  FOR  ISSUING
 SUCH  PERMIT OR LICENSE SHALL INCLUDE A NOTICE OF THE PROHIBITION ESTAB-
 LISHED BY THIS SECTION IN APPLICATION MATERIALS AND  THE  STATE  GOVERN-
 MENTAL ENTITY RESPONSIBLE FOR EVALUATING SUCH APPLICATIONS SHALL PROVIDE
 TO  ANY  PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY THAT
 SUBMITS AN APPLICATION A NOTICE OF THE PROHIBITION ESTABLISHED  BY  THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10978-03-9

 S. 5882                             2
 
 SECTION  AND  THE  RESTRICTED  PERMIT AND LICENSE APPLICANT 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, ANY  POLITICAL
 ORGANIZATION,  INCLUDING  BUT  NOT LIMITED TO ANY POLITICAL ORGANIZATION
 ORGANIZED UNDER SECTION 527  OF  THE  INTERNAL  REVENUE  CODE,  THAT  IS
 DIRECTLY  OR INDIRECTLY CONTROLLED BY THE BUSINESS ENTITY AND ANY OWNER,
 OFFICER, DIRECTOR OR A SPOUSE, CHILD, PARENT, OR SIBLING  OF  AN  OWNER,
 OFFICER OR DIRECTOR OF SUCH BUSINESS ENTITY.
   3.  THE  RESTRICTED  PERMIT  AND LICENSE APPLICANT 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 RECEIVE A PERMIT OR LICENSE OR SUBMITS AN
 APPLICATION TO THE STATE GOVERNMENTAL ENTITY RESPONSIBLE FOR  ISSUING  A
 PERMIT  OR LICENSE. THE RESTRICTED PERMIT AND LICENSE APPLICANT CONTRIB-
 UTION 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 OCCURRING PRIOR
 TO SUCH PERSON,  ORGANIZATION,  GROUP  OF  PERSONS  OR  BUSINESS  ENTITY
 SUBMITTING  A  PERMIT OR LICENSE APPLICATION PROVIDED IT HAS NOT FILED A
 STATEMENT OF REGISTRATION PURSUANT 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 RECEIVE A PERMIT OR LICENSE.
   4. THE RESTRICTED PERMIT AND  LICENSE  APPLICANT  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  APPLIED  FOR  PERMIT OR LICENSE, THE RESTRICTED
 PERMIT AND LICENSE APPLICANT CONTRIBUTION PERIOD SHALL  END  SIX  MONTHS
 AFTER  THE  ISSUANCE  OF THE PERMIT OR LICENSE 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
 PERMIT OR LICENSE AFTER ITS ISSUANCE; OR
   (B) THE PERSON, ORGANIZATION, GROUP OF PERSONS, OR  BUSINESS  ENTITY'S
 APPLICATION FOR A PERMIT OR LICENSE IS DENIED, THE RESTRICTED PERMIT AND
 LICENSE  APPLICANT  CONTRIBUTION  PERIOD  SHALL END WITH THE ISSUANCE OF
 NOTIFICATION OF THE DENIAL BY THE STATE GOVERNMENTAL ENTITY  AND,  WHERE
 APPLICABLE, THE STATE COMPTROLLER.
   5.  THE  RESTRICTED  PERMIT  AND LICENSE APPLICANT CONTRIBUTION PERIOD
 SHALL RECOMMENCE IF A PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS
 ENTITY ENGAGES IN ACTIVITY PURSUANT TO SUBDIVISION THREE OF THIS SECTION
 AND, WHERE THE APPLICATION FOR A PERMIT OR LICENSE WAS  DENIED  AND  THE
 SAME PERMIT OR LICENSE IS REAPPLIED FOR WITHIN FIVE YEARS OF THE DENIAL,
 SHALL  BE  DEEMED  TO  HAVE  NOT  ENDED  UNDER  SUBDIVISION FOUR 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 LAWS, MAKES A CONTRIB-

 S. 5882                             3
 
 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.

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Senate Bill S5882

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

co-Sponsors

2019-S5882 (ACTIVE) - Details

2019-S5882 (ACTIVE) - Summary

2019-S5882 (ACTIVE) - Sponsor Memo

2019-S5882 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5882

Share this bill

Sponsored By

James Skoufis

Archive: Last Bill Status - In Senate Committee Elections Committee

co-Sponsors

Alessandra Biaggi

Andrew Gounardes

Liz Krueger

James Sanders Jr.

2019-S5882 (ACTIVE) - Details

2019-S5882 (ACTIVE) - Summary

2019-S5882 (ACTIVE) - Sponsor Memo

2019-S5882 (ACTIVE) - Bill Text download pdf

Comments