S T A T E O F N E W Y O R K
________________________________________________________________________
483--A
2021-2022 Regular Sessions
I N S E N A T E
(PREFILED)
January 6, 2021
___________
Introduced by Sens. MYRIE, BIAGGI, BROUK, KAPLAN, KRUEGER, SALAZAR,
SKOUFIS -- read twice and ordered printed, and when printed to be
committed to the Committee on Elections -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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
OFFICE OF SUCH GOVERNMENTAL ENTITY, INCLUDING TO SUCH OFFICEHOLDER'S OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02547-02-1
S. 483--A 2
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:
S. 483--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.
