S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4478
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced by M. of A. MORINELLO, WALCZYK, McDONOUGH, SMULLEN, DiPIETRO,
   REILLY,  SALKA, J. M. GIGLIO, DeSTEFANO -- Multi-Sponsored by -- M. of
   A.  MANKTELOW -- read once and referred to the  Committee  on  Govern-
   mental Operations
 
 AN  ACT  to  amend  the  public  officers  law, the legislative law, the
   election law and the executive law, in relation to ethics reform
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 4 of section 74 of the public officers law, as
 amended by chapter 14 of the  laws  of  2007,  is  amended  to  read  as
 follows:
   4.  Violations.  In  addition  to  any  penalty contained in any other
 provision of law any such officer, member or employee who shall knowing-
 ly and intentionally violate any of the provisions of this  section  may
 be  fined,  suspended or removed from office or employment in the manner
 provided by law. Any such individual  who  knowingly  and  intentionally
 violates  the  provisions of paragraph b, c, d or i of subdivision three
 of this section shall be subject to a civil penalty in an amount not  to
 exceed  [ten]  FORTY thousand dollars and the value of any gift, compen-
 sation or benefit received as a result of such violation. Any such indi-
 vidual who knowingly and intentionally violates the provisions of  para-
 graph a, e or g of subdivision three of this section shall be subject to
 a  civil  penalty  in  an  amount  not  to exceed the value of any gift,
 compensation or benefit received as a result of such violation.
   § 2. The legislative law is amended by adding a  new  section  5-b  to
 read as follows:
   §  5-B.  TERM  LIMITS.  NO MEMBER OF THE LEGISLATURE MAY BE ELECTED TO
 SERVE MORE THAN FOUR CONSECUTIVE TWO-YEAR TERMS AS  TEMPORARY  PRESIDENT
 OF  THE  SENATE, MINORITY LEADER OF THE SENATE, SPEAKER OF THE ASSEMBLY,
 MINORITY LEADER OF THE ASSEMBLY OR CHAIRPERSON OF ANY SENATE OR ASSEMBLY
 COMMITTEE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08774-01-1

 A. 4478                             2
 
   § 3. The election law is amended by adding a  new  section  14-115  to
 read as follows:
   §  14-115.  RESTRICTIONS  ON  CAMPAIGN  CONTRIBUTIONS FOR INDIVIDUALS,
 BUSINESSES OR CORPORATIONS THAT WERE AWARDED CONTRACTS WITH THE STATE OR
 ANY MUNICIPAL CORPORATION. 1. INDIVIDUALS,  BUSINESSES  OR  CORPORATIONS
 THAT  ENTER INTO A CONTRACT WITH THIS STATE OR ANY MUNICIPAL CORPORATION
 SHALL BE PROHIBITED FROM MAKING ANY CONTRIBUTION TO ANY  STATE  OFFICIAL
 ELECTED  TO PUBLIC OFFICE OR HIS OR HER FAMILY, ANY POLITICAL COMMITTEE,
 OR ANY INDEPENDENT EXPENDITURE COMMITTEE AS DEFINED UNDER SECTION 14-100
 OF THIS ARTICLE WITHIN ONE YEAR OF THE CONTRACT  BEING  AWARDED  TO  THE
 PERSON, BUSINESS OR CORPORATION.
   2. INDIVIDUALS, BUSINESSES OR CORPORATIONS THAT SUBMIT A RESPONSE TO A
 DULY  ISSUED  REQUEST FOR PROPOSAL WITH THE STATE OR ANY MUNICIPALITY IN
 REGARD TO A  CONTRACT  SHALL  DISCLOSE  IN  THE  PROPOSAL  ANY  CAMPAIGN
 CONTRIBUTIONS  MADE IN THE PREVIOUS THREE HUNDRED SIXTY-FIVE DAYS TO ANY
 STATE OFFICIAL ELECTED TO PUBLIC OFFICE OR HIS OR HER FAMILY, ANY  POLI-
 TICAL  COMMITTEE  OR  ANY INDEPENDENT EXPENDITURE AND IF THE INDIVIDUAL,
 BUSINESS OR CORPORATION IS AWARDED  THE  CONTRACT,  ANY  STATE  OFFICIAL
 ELECTED  TO  PUBLIC OFFICE OR HIS OR HER FAMILY, ANY POLITICAL COMMITTEE
 OR ANY INDEPENDENT EXPENDITURE THAT RECEIVED ANY CAMPAIGN  CONTRIBUTIONS
 FROM  SAID  INDIVIDUAL,  BUSINESS  OR  CORPORATION WITHIN THE LAST THREE
 HUNDRED SIXTY-FIVE DAYS SHALL REFUND SUCH CAMPAIGN CONTRIBUTIONS TO  THE
 RESPECTIVE INDIVIDUAL, BUSINESS OR CORPORATION IN FULL.
   §  4.  Paragraphs a, b and c of subdivision 1 of section 14-114 of the
 election law, paragraphs a and b as amended by chapter 659 of  the  laws
 of  1994,  and paragraph c as amended by chapter 79 of the laws of 1992,
 are amended to read as follows:
   a. In any election for a public office to be voted on by the voters of
 the entire state, or for nomination to any such office,  no  contributor
 may  make a contribution to any candidate or political committee, and no
 candidate or political committee may accept any  contribution  from  any
 contributor,  which is in the aggregate amount greater than:  (i) in the
 case of any nomination to public office, the product of the total number
 of enrolled voters in the candidate's  party  in  the  state,  excluding
 voters in inactive status, multiplied by $.005, but such amount shall be
 not  less than four thousand dollars nor more than [twelve] TEN thousand
 dollars as increased or decreased  by  the  cost  of  living  adjustment
 described  in  paragraph  c of this subdivision, and (ii) in the case of
 any election to a public office, [twenty-five] TEN thousand dollars  [as
 increased  or  decreased  by  the cost of living adjustment described in
 paragraph c of this subdivision;  provided  however,  that  the  maximum
 amount  which  may be so contributed or accepted, in the aggregate, from
 any candidate's child, parent, grandparent, brother and sister, and  the
 spouse  of  any  such persons, shall not exceed in the case of any nomi-
 nation to public office an amount  equivalent  to  the  product  of  the
 number of enrolled voters in the candidate's party in the state, exclud-
 ing  voters  in inactive status, multiplied by $.025, and in the case of
 any election for a public office, an amount equivalent to the product of
 the number of registered voters in the state excluding voters  in  inac-
 tive status, multiplied by $.025].
   b.  In  any  other  election  for  party position or for election to a
 public office or for nomination for any such office, no contributor  may
 make  a  contribution  to  any  candidate  or political committee and no
 candidate or political committee may accept any  contribution  from  any
 contributor,  which is in the aggregate amount greater than: [(i) in the
 case of any election for party position, or  for  nomination  to  public

 A. 4478                             3

 office, the product of the total number of enrolled voters in the candi-
 date's  party  in  the  district  in  which he is a candidate, excluding
 voters in inactive status, multiplied by $.05, and (ii) in the  case  of
 any  election  for  a  public office, the product of the total number of
 registered voters in the district, excluding voters in inactive  status,
 multiplied  by  $.05,]  TEN  THOUSAND  DOLLARS, however in the case of a
 nomination within the city of New York for the office of  mayor,  public
 advocate  or  comptroller, such amount shall be not less than four thou-
 sand dollars nor more than [twelve] TEN thousand dollars as increased or
 decreased by the cost of living adjustment described in paragraph  c  of
 this subdivision; in the case of an election within the city of New York
 for  the  office of mayor, public advocate or comptroller, [twenty-five]
 TEN thousand dollars as increased or decreased by  the  cost  of  living
 adjustment  described in paragraph c of this subdivision; in the case of
 a nomination for state senator, four thousand dollars  as  increased  or
 decreased  by  the cost of living adjustment described in paragraph c of
 this subdivision; in the case of an  election  for  state  senator,  six
 thousand two hundred fifty dollars as increased or decreased by the cost
 of  living  adjustment  described in paragraph c of this subdivision; in
 the case of an election or nomination for  a  member  of  the  assembly,
 twenty-five  hundred  dollars  as  increased or decreased by the cost of
 living adjustment described in paragraph c of this subdivision;  but  in
 no  event  shall any such maximum exceed [fifty] TEN thousand dollars or
 be less than one thousand dollars; provided however,  that  the  maximum
 amount  which  may be so contributed or accepted, in the aggregate, from
 any candidate's child, parent, grandparent, brother and sister, and  the
 spouse of any such persons, shall not exceed in the case of any election
 for  party position or nomination for public office an amount equivalent
 to [the number of enrolled  voters  in  the  candidate's  party  in  the
 district  in  which  he  is  a  candidate,  excluding voters in inactive
 status, multiplied by $.25 and in the case of  any  election  to  public
 office,  an  amount equivalent to the number of registered voters in the
 district, excluding voters in inactive status, multiplied by  $.25;  or]
 twelve  hundred fifty dollars, [whichever is greater,] or in the case of
 a nomination or election of  a  state  senator,  [twenty]  TEN  thousand
 dollars,  [whichever  is  greater,]  or  in  the case of a nomination or
 election of a  member  of  the  assembly  [twelve]  TEN  thousand  [five
 hundred] dollars, [whichever is greater,] but in no event shall any such
 maximum exceed [one hundred] TEN thousand dollars.
   c. At the beginning of each fourth calendar year, commencing in [nine-
 teen hundred ninety-five] TWO THOUSAND TWENTY-TWO, the state board shall
 determine  the  percentage  of  the  difference  between the most recent
 available monthly consumer price index for all urban consumers published
 by the United States bureau of labor statistics and such consumer  price
 index  published for the same month four years previously. The amount of
 each contribution limit fixed in this subdivision shall be  adjusted  by
 the  amount  of  such  percentage  difference to the closest one hundred
 dollars by the state board which, not later than the first day of Febru-
 ary in each such year, shall issue a regulation publishing the amount of
 each such contribution limit. Each contribution  limit  as  so  adjusted
 shall  be  the contribution limit in effect for any election held before
 the next such adjustment.
   § 4-a. Subdivision 1 of section 14-114 of the election law, as amended
 by section 3 of part ZZZ of chapter 58 of the laws of 2020,  is  amended
 to read as follows:

 A. 4478                             4
 
   1.  The following limitations apply to all contributions to candidates
 for election to any public office or for nomination for any such office,
 or for election to any party positions,  and  to  all  contributions  to
 political  committees  working directly or indirectly with any candidate
 to  aid or participate in such candidate's nomination or election, other
 than any contributions to any party committee or constituted committee:
   a. In any election for a public office to be voted on by the voters of
 the entire state, or for nomination to any such office,  no  contributor
 may make a contribution to any candidate or political committee, partic-
 ipating  in  the  state's  public  campaign financing system pursuant to
 title two of this article and no such candidate or  political  committee
 may accept any contribution from any contributor, which is in the aggre-
 gate amount greater than [eighteen] TEN thousand dollars divided equally
 among  the  primary and general election in an election cycle[; provided
 however, that  the  maximum  amount  which  may  be  so  contributed  or
 accepted,  in  the aggregate, from any candidate's child, parent, grand-
 parent, brother and sister, and the spouse of any  such  persons,  shall
 not  exceed  in  the  case  of any nomination to public office an amount
 equivalent to the product of the number of enrolled voters in the candi-
 date's party in the state, excluding voters in inactive  status,  multi-
 plied  by $.025, and in the case of any election for a public office, an
 amount equivalent to the product of the number of registered  voters  in
 the state excluding voters in inactive status, multiplied by $.025].
   b.  In  any  other  election  for  party position or for election to a
 public office or for nomination for any such office, no contributor  may
 make  a contribution to any candidate or political committee participat-
 ing in the state's public campaign financing system  pursuant  to  title
 two  of  this  article  and no such candidate or political committee may
 accept any contribution from any contributor, which is in the  aggregate
 amount  greater  than [election for party position, or for nomination to
 public office, the product of the total number of enrolled voters in the
 candidate's party in the district in which he is a candidate,  excluding
 voters  in  inactive status, multiplied by $.05, and (ii) in the case of
 any election for a public office, the product of  the  total  number  of
 registered  voters in the district, excluding voters in inactive status,
 multiplied by $.05] TEN THOUSAND DOLLARS, however in the case of a nomi-
 nation within the city of New York for the office of mayor, public advo-
 cate or comptroller, such amount shall be not less  than  four  thousand
 dollars  nor  more  than  [twelve]  TEN thousand dollars as increased or
 decreased by the cost of living adjustment described in paragraph  c  of
 this subdivision; in the case of an election within the city of New York
 for  the  office of mayor, public advocate or comptroller, [twenty-five]
 TEN thousand dollars as increased or decreased by  the  cost  of  living
 adjustment  described in paragraph c of this subdivision; in the case of
 a nomination or  election  for  state  senator,  ten  thousand  dollars,
 divided  equally  among  the primary and general election in an election
 cycle; in the case of an election or nomination  for  a  member  of  the
 assembly,  six  thousand  dollars, divided equally among the primary and
 general election in an election cycle; [provided however, that the maxi-
 mum amount which may be so contributed or accepted,  in  the  aggregate,
 from any candidate's child, parent, grandparent, brother and sister, and
 the  spouse  of  any  such  persons, shall not exceed in the case of any
 election for party position or nomination for public  office  an  amount
 equivalent  to the number of enrolled voters in the candidate's party in
 the district in which he is a candidate, excluding  voters  in  inactive
 status,  multiplied  by  $.25  and in the case of any election to public

 A. 4478                             5

 office, an amount equivalent to the number of registered voters  in  the
 district,  excluding  voters in inactive status, multiplied by $.25;] or
 twelve hundred fifty dollars, [whichever is greater,] or in the case  of
 a  nomination  or  election  of  a  state senator, [twenty] TEN thousand
 dollars, [whichever is greater,] or in  the  case  of  a  nomination  or
 election  of  a  member  of  the  assembly  [twelve]  TEN thousand [five
 hundred] dollars, [whichever is greater,] but in no event shall any such
 maximum exceed [one hundred] TEN thousand dollars.
   c. In any election for a public office to be voted on by the voters of
 the entire state, or for nomination to any such office,  no  contributor
 may  make  a  contribution  to  any  candidate or political committee in
 connection with a candidate who is  not  a  participating  candidate  as
 defined in subdivision fourteen of section 14-200-a of this article, and
 no  such  candidate  or  political committee may accept any contribution
 from any contributor, which is in  the  aggregate  amount  greater  than
 [eighteen]  TEN  thousand dollars, divided equally among the primary and
 general election in an election cycle[; provided however, that the maxi-
 mum amount which may be so contributed or accepted,  in  the  aggregate,
 from any candidate's child, parent, grandparent, brother and sister, and
 the  spouse  of  any  such  persons, shall not exceed in the case of any
 nomination to public office an amount equivalent to the product  of  the
 number of enrolled voters in the candidate's party in the state, exclud-
 ing  voters  in inactive status, multiplied by $.025, and in the case of
 any election for a public office, an amount equivalent to the product of
 the number of registered voters in the state, excluding voters in  inac-
 tive status, multiplied by $.025].
   d.  In  any nomination or election of a candidate who is not a partic-
 ipating candidate for  state  senator,  ten  thousand  dollars,  divided
 equally  among the primary and general election in an election cycle; in
 the case of an election or nomination for a member of the assembly,  six
 thousand dollars, divided equally among the primary and general election
 in an election cycle.
   e.  (1)  At  the beginning of each fourth calendar year, commencing in
 [nineteen hundred ninety-five] TWO THOUSAND TWENTY-TWO, the state  board
 shall determine the percentage of the difference between the most recent
 available monthly consumer price index for all urban consumers published
 by  the United States bureau of labor statistics and such consumer price
 index published for the same month four years previously. The amount  of
 each  contribution  limit fixed in this subdivision shall be adjusted by
 the amount of such percentage difference  to  the  closest  one  hundred
 dollars by the state board which, not later than the first day of Febru-
 ary in each such year, shall issue a regulation publishing the amount of
 each  such  contribution  limit.  Each contribution limit as so adjusted
 shall be the contribution limit in effect for any election  held  before
 the next such adjustment.
   (2)  Provided,  however,  that  such  adjustments  shall not occur for
 candidates seeking statewide office, or the position of state senator or
 member of the assembly, whether such candidate does or does not  partic-
 ipate in the public finance program established pursuant to title two of
 this article.
   f.  Notwithstanding  any  other  contribution  limit  in this section,
 participating candidates as defined in subdivision fourteen  of  section
 14-200-a  of  this article may contribute, out of their own money, three
 times the applicable contribution limit to their own authorized  commit-
 tee.

 A. 4478                             6

   §  5.  Subdivision 8 of section 14-114 of the election law, as amended
 by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
 laws of 1978, is amended to read as follows:
   8.  A.  Except  as may otherwise be provided [for] BY a candidate [and
 his family] FOR HIS OR HER OWN CAMPAIGN, no NATURAL person may  contrib-
 ute,  loan  or  guarantee  in excess of [one hundred fifty] TEN thousand
 dollars within the state OF NEW YORK IN ANY CALENDAR YEAR in  connection
 with  the  nomination  or  election of [persons to] CANDIDATES FOR state
 [and] OR local public offices [and] OR party positions [within the state
 of New York in any one calendar year].
   B. For the purposes of this subdivision "loan"  or  "guarantee"  shall
 mean a loan or guarantee which is not repaid or discharged in the calen-
 dar year in which it is made.
   § 6. Subdivision 10 of section 14-114 of the election law, as added by
 chapter 79 of the laws of 1992, is amended to read as follows:
   10.  a.  No  contributor may make a contribution to a party or consti-
 tuted committee and no such committee may accept a contribution from any
 contributor which, in the aggregate, is  greater  than  [sixty-two]  TEN
 thousand [five hundred] dollars per annum.
   b. At the beginning of each fourth calendar year, commencing in [nine-
 teen hundred ninety-five] TWO THOUSAND TWENTY-TWO, the state board shall
 determine  the  percentage  of  the  difference  between the most recent
 available monthly consumer price index for all urban consumers published
 by the United States bureau of labor statistics and such consumer  price
 index  published for the same month four years previously. The amount of
 such contribution limit fixed in paragraph a of this  subdivision  shall
 be  adjusted  by the amount of such percentage difference to the closest
 one hundred dollars by the state board which, not later than  the  first
 day  of  February in each such year, shall issue a regulation publishing
 the amount of such contribution limit. Such  contribution  limit  as  so
 adjusted shall be the contribution limit in effect for any election held
 before the next such adjustment.
   §  7.  The  legislative law is amended by adding a new section 33-a to
 read as follows:
   § 33-A. DIRECTING OF STATE FUNDS. NO MEMBER OF THE  LEGISLATURE  SHALL
 DIRECT  ANY  STATE FUNDS TO ANY INDIVIDUAL, BUSINESS OR CORPORATION THAT
 HAS, AT ANY TIME DURING THE MEMBER'S CANDIDACY  FOR  OFFICE  OR  ELECTED
 TERM,  MADE ANY CONTRIBUTION TO ANY MEMBER OF THE LEGISLATURE, STATEWIDE
 ELECTED OFFICIAL, POLITICAL COMMITTEE OR INDEPENDENT EXPENDITURE COMMIT-
 TEE AS DEFINED BY SECTION 14-100 OF THE ELECTION LAW.
   § 8. The executive law is amended by adding a new section 204 to  read
 as follows:
   §  204.  STATEWIDE  DATABASE OF ALL CONTRACTS AWARDED BY THE STATE. 1.
 THE COMMISSIONER SHALL ESTABLISH A  SINGLE  STATEWIDE  DATABASE  OF  ALL
 CONTRACTS AWARDED BY THE STATE OR ENTITY THEREOF AND SHALL INCLUDE THER-
 EIN  INFORMATION OF ALL CONTRACTS AWARDED BY THE STATE OR ENTITY THEREOF
 AND SHALL INCLUDE THEREIN INFORMATION RELATED TO ALL BIDS  SUBMITTED  IN
 RESPONSE TO ANY SOLICITATIONS FOR SUCH AWARDS.
   2. EVERY DEPARTMENT, DIVISION, COMMISSION, AGENCY, AUTHORITY, BOARD OR
 ANY  OTHER  ENTITY  OF  THE STATE SHALL SUBMIT ALL AWARDED CONTRACTS AND
 BIDS RELATED TO SUCH CONTRACTS TO THE COMMISSIONER ON A SCHEDULE AND  IN
 A FORMAT DETERMINED BY THE COMMISSIONER.
   3.  SUCH  DATABASE  SHALL  BE  AVAILABLE ONLINE FOR PUBLIC REVIEW IN A
 SEARCHABLE, DOWNLOADABLE FORMAT. SUCH DATABASE SHALL INCLUDE, BUT NOT BE
 LIMITED TO:
   (A) DESCRIPTIONS OF REQUESTS FOR PROPOSALS AND CONTRACTS;

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   (B) ALL BIDS FOR STATE CONTRACTS; AND
   (C) CONTACT INFORMATION FOR ALL PARTIES TO THE CONTRACT.
   4.  THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS NECES-
 SARY FOR THE IMPLEMENTATION OF SUCH  DATABASE  ESTABLISHED  PURSUANT  TO
 THIS  SECTION  AND ENSURE THE PRIVACY OF ANY CONFIDENTIAL OR PROPRIETARY
 INFORMATION THAT MAY BE CONTAINED WITHIN A BID OR CONTRACT.
   § 9. This  act  shall  take  effect  immediately;  provided,  however,
 section four-a of this act shall take effect on the same date and in the
 same  manner  as section 3 of part ZZZ of chapter 58 of the laws of 2020
 takes effect.