S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4927
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2021
                                ___________
 
 Introduced  by M. of A. SIMPSON -- read once and referred to the Commit-
   tee on Election Law
 
 AN ACT to amend the election law and the legislative law, in relation to
   campaign finance  reform  and  legislative  leadership  position  term
   limits
 
   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  14-115
 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
 DEFINED UNDER SECTION 14-100 OF THIS ARTICLE OR ANY INDEPENDENT EXPENDI-
 TURE AS DEFINED UNDER SECTION 14-107 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 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 POLITICAL COMMITTEE OR ANY INDE-
 PENDENT  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 SHALL REFUND THE INDIVIDUAL, BUSINESS OR  CORPORATION  IN
 FULL.
   §  2.  The  legislative  law is amended by adding a new section 5-b to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09048-01-1

 A. 4927                             2
 
   § 5-B. LEGISLATIVE LEADERSHIP POSITION TERM LIMITS. NO MEMBER  OF  THE
 STATE  LEGISLATURE  SHALL  SERVE  AS AN OFFICER OR IN A SPECIAL CAPACITY
 POSITION, AS DEFINED UNDER SECTION FIVE-A OF THIS ARTICLE, FOR MORE THAN
 EIGHT YEARS.
   §  3.  Subdivision 1 of section 14-114 of the election law, as amended
 by chapter 79 of the laws of 1992, paragraphs a  and  b  as  amended  by
 chapter 659 of the laws of 1994, is amended to read as follows:
   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, 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
 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. 4927                             3
 
 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, 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.  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:
   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

 A. 4927                             4

 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
 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 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
 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

 A. 4927                             5
 
 [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] TWELVE HUNDRED FIFTY DOLLARS.
   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-FOUR, 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.
   § 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:

 A. 4927                             6

   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-FOUR, 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.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that  section  four  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.