S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7081
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 21, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Election Law
 
 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.
              

                                                            LBD05871-01-1

 A. 7081                             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-

 A. 7081                             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.