S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5839--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2021
                                ___________
 
 Introduced  by  M.  of A. GALEF, ABINANTI, PAULIN, J. RIVERA, GOTTFRIED,
   MAGNARELLI, ENGLEBRIGHT, COLTON, HEVESI, SANTABARBARA, LAVINE, CAHILL,
   JACOBSON, STECK, ASHBY, GOODELL, TAGUE, B. MILLER,  FERNANDEZ,  REYES,
   RA,  MONTESANO, MORINELLO, J. M. GIGLIO -- Multi-Sponsored by -- M. of
   A.  DAVILA, MANKTELOW, McDONOUGH, SIMON -- read once and  referred  to
   the  Committee  on Election Law -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 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. FOR THE PURPOSE OF THIS
 SECTION, "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.  (A) IT SHALL BE UNLAWFUL DURING THE RESTRICTED VENDOR CONTRIBUTION
 PERIOD FOR ANY PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTI-
 TY THAT SUBMITS A BID, QUOTATION, OFFER OR RESPONSE TO A  STATE  GOVERN-
 MENTAL  ENTITY  POSTING  OR  SOLICITATION  FOR A PROCUREMENT OPPORTUNITY
 SUBJECT TO COMPTROLLER APPROVAL PURSUANT TO SECTION ONE  HUNDRED  TWELVE
 OF  THE  STATE  FINANCE  LAW AND/OR SUBJECT TO THE PROVISIONS OF SECTION
 TWENTY-EIGHT  HUNDRED  SEVENTY-NINE  AND  SECTION  TWENTY-EIGHT  HUNDRED
 SEVENTY-NINE-A  OF THE PUBLIC AUTHORITIES LAW, TO MAKE A CONTRIBUTION TO
 ANY OFFICEHOLDER OF OR WITH AUTHORITY OVER THE STATE GOVERNMENTAL ENTITY
 OR ENTITIES RESPONSIBLE FOR ISSUING SUCH PROCUREMENT POSTING  OR  SOLIC-
 ITATION, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02547-03-1

 A. 5839--A                          2
 
 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 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  TRANS-
 FERRING  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 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.
   3. 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.
   4. 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 THAT IS SUBJECT TO COMPTROLLER
 APPROVAL PURSUANT TO SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE LAW
 AND/OR  SUBJECT TO THE PROVISIONS OF SECTION TWENTY-EIGHT HUNDRED SEVEN-
 TY-NINE AND SECTION TWENTY-EIGHT HUNDRED SEVENTY-NINE-A  OF  THE  PUBLIC
 AUTHORITIES  LAW.    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 INFORMA-
 TION  OR  OTHER  INFORMATIONAL EXCHANGES OCCURRING PRIOR TO SUCH GOVERN-
 MENTAL ENTITY'S POSTING OR SOLICITATION FOR PROCUREMENT 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 GENERATE A PROCUREMENT OPPORTU-
 NITY OR PILOT PROGRAM.
   5. 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. 5839--A                          3
 
   (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
 BY  THE STATE GOVERNMENTAL ENTITY AND, WHERE APPLICABLE, THE STATE COMP-
 TROLLER.
   6. THE RESTRICTED VENDOR CONTRIBUTION PERIOD  SHALL  RECOMMENCE  IF  A
 PERSON,  ORGANIZATION,  GROUP  OF  PERSONS OR BUSINESS ENTITY ENGAGES IN
 ACTIVITY PURSUANT TO 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 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.