NY State Senate Bill 2021-S6932

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to elections
May 20, 2021	referred to elections

2021-S6932 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §14-131, amd §14-126, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5345
2019-2020: S1932

2021-S6932 (ACTIVE) - Summary

Restricts certain business entities from contributing to certain government officials.

2021-S6932 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6932

SPONSOR: RATH
 
TITLE OF BILL:

An act to amend the election law, in relation to restricted government
participant contribution periods

 
PURPOSE:

To regulate political donations from parties applying for grants or
licenses or doing business with public entities to the public officials
or candidates who would approve such grants, licenses or contracts.

 
SUMMARY OF PROVISIONS:

Section 1 - adds a new section 14-131 to the Election Law.

Paragraph 1 - Contains definitions.

Paragraph 2 - provides that it is unlawful for individuals, companies
and other entities, individuals who are owners, officers or directors of

such companies or other entities, or their relatives may not contribute
to any elected official who has direct or indirect control over the
decision to grant such grant, license or contract.

Paragraph 3 - sets out when the prohibited period begins.

Paragraph 4 - sets out when the prohibited period ends.

Section 2 - sets forth the penalties for violation of this law.

Section 3 - effective date.

 
EXISTING LAW:

The Election Law currently contains various limitations on political
donations.

 
JUSTIFICATION:

Donations made to elected officials who will make the decision whether
to make a grant, issue a license, or choose who will receive a contract,
or who chooses the people who make such decisions is ripe for the
appearance of impropriety. Unfortunately allegations and disclosures of
significant donations by persons associated with companies who have
received significant public contracts gives rise to public suspicion
that there may be a relationship between the two occurrences, and public
cynicism and distrust of the process of how public bodies make deci-
sions. This bill resolves this problem by banning donations to public
officials by persons seeking grants, licenses or business that will be
given, either directly or by other public employees under the control of
the elected official, until the application has been turned down or the
business given to another party; or when the donor receives favorable
action on its application for one year thereafter.

 
LEGISLATIVE HISTORY:

2017-18 - S.5345 - ELECTIONS
2019-20 - S.1932 - ELECTIONS

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S6932 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6932
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 20, 2021
                                ___________
 
 Introduced  by  Sen.  RATH  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend the election law, in relation to  restricted  government
   participant contribution periods
 
   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 PARTICIPANT CONTRIBUTIONS. 1. FOR THE PURPOSES OF
 THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "RELATIVE  OF ANY INDIVIDUAL" SHALL MEAN ANY PERSON LIVING IN THE
 SAME HOUSEHOLD AS THE INDIVIDUAL AND ANY PERSON WHO IS A DIRECT DESCEND-
 ANT OF THE GRANDPARENTS OF SUCH INDIVIDUAL OR  OF  THE  GRANDPARENTS  OF
 SUCH INDIVIDUAL'S SPOUSE OR THE SPOUSE OF SUCH DESCENDANTS;
   (B)  "LICENSING" SHALL MEAN ANY ACTIVITY RESPECTING THE GRANT, DENIAL,
 RENEWAL, REVOCATION,  ENFORCEMENT,  SUSPENSION,  ANNULMENT,  WITHDRAWAL,
 RECALL,  CANCELLATION OR AMENDMENT OF A LICENSE, PERMIT OR OTHER FORM OF
 PERMISSION CONFERRING THE RIGHT OR PRIVILEGE TO ENGAGE IN (I) A  PROFES-
 SION, TRADE, OR OCCUPATION OR (II) ANY BUSINESS OR ACTIVITY REGULATED BY
 A  REGULATORY  AGENCY  OF  A  CITY  AGENCY  THAT  IN THE ABSENCE OF SUCH
 LICENSE, PERMIT OR OTHER FORM OF PERMISSION WOULD BE PROHIBITED;
   (C) "MUNICIPAL AGENCY" SHALL MEAN: (I) ANY DEPARTMENT, BOARD,  BUREAU,
 COMMISSION, DIVISION, OFFICE, COUNCIL, COMMITTEE OR OFFICER OF A MUNICI-
 PALITY, WHETHER PERMANENT OR TEMPORARY OR (II) AN INDUSTRIAL DEVELOPMENT
 AGENCY  OR  LOCAL  PUBLIC BENEFIT CORPORATION AS THAT TERM IS DEFINED IN
 SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION LAW; AND
   (D) "BUSINESS ENTITY" SHALL MEAN A BUSINESS CORPORATION,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11616-01-1

 S. 6932                             2
 
 CONTROLLED  BY  THE  BUSINESS  ENTITY,  AND  ANY POLITICAL ORGANIZATION,
 INCLUDING BUT NOT LIMITED TO ANY POLITICAL ORGANIZATION ORGANIZED  UNDER
 SECTION  FIVE HUNDRED TWENTY-SEVEN OF THE INTERNAL REVENUE CODE, THAT IS
 DIRECTLY OR INDIRECTLY CONTROLLED BY THE BUSINESS ENTITY, AND ANY OWNER,
 OFFICER,  DIRECTOR  OR PARTNER OF SUCH BUSINESS ENTITY, OR A RELATIVE OF
 SUCH PERSON.
   2. (A) IT SHALL BE UNLAWFUL DURING THE RESTRICTED PARTICIPANT CONTRIB-
 UTION PERIOD FOR ANY PERSON, ORGANIZATION, GROUP OF PERSONS OR  BUSINESS
 ENTITY  OR  ANY  OWNER,  DIRECTOR OR OFFICER, OR THEIR RELATIVE, OF SUCH
 BUSINESS ENTITY THAT SUBMITS AN APPLICATION FOR ANY GRANT OR LICENSE, OR
 A BID, QUOTATION, OFFER, RESPONSE OR APPLICATION TO  A  STATE  OR  LOCAL
 ENTITY  IN  RESPONSE  TO  A  SOLICITATION  OR  REQUEST  FOR PROPOSAL FOR
 PROCUREMENT, CONSTRUCTION, RECONSTRUCTION OR REPAIR, TO MAKE A  CONTRIB-
 UTION  TO  ANY OFFICEHOLDER OF THE STATE OR LOCAL GOVERNMENTAL ENTITY OR
 ENTITIES RESPONSIBLE FOR, OR RESPONSIBLE FOR CHOOSING, DIRECTLY OR INDI-
 RECTLY, THE PERSON OR PERSONS RESPONSIBLE  FOR,  ISSUING  SUCH  POSTING,
 SOLICITATION,  LICENSE,  REQUEST FOR PROPOSAL, EVALUATING SUCH RESPONSE,
 OR RESPONSIBLE FOR APPROVING OR AWARDING THE FINAL PROCUREMENT CONTRACT,
 LICENSE OR GRANT, OR TO ANY CANDIDATE FOR AN OFFICE OF SUCH GOVERNMENTAL
 ENTITY INCLUDING TO THE AUTHORIZED POLITICAL COMMITTEES OF SUCH  OFFICE-
 HOLDER OR CANDIDATE.
   (B)  FOR  PURPOSES  OF  THIS  SECTION THE ASSEMBLY AND SENATE SHALL BE
 CONSIDERED TO BE TWO SEPARATE AND DISTINCT GOVERNMENTAL ENTITIES WHEN  A
 POSTING OR SOLICITATION FOR PROCUREMENT IS ISSUED BY ONLY ONE RESPECTIVE
 HOUSE.
   (C)  THE  STATE  OR LOCAL 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 SOLICITATION SHALL PROVIDE, TO ANY  PERSON,  ORGANIZATION,  GROUP  OF
 PERSONS,  OR BUSINESS ENTITY THAT SUBMITS A PROPOSAL IN RESPONSE TO SUCH
 POSTING OR SOLICITATION FOR PROCUREMENT, A  NOTICE  OF  THE  PROHIBITION
 ESTABLISHED BY THIS SECTION AND THE RESTRICTED VENDOR CONTRIBUTION PERI-
 OD COMMENCEMENT DATE.
   3.  THE  RESTRICTED  PARTICIPANT CONTRIBUTION PERIOD DESCRIBED IN THIS
 SECTION SHALL COMMENCE, WITH RESPECT TO A SPECIFIC PERSON, ORGANIZATION,
 GROUP OF PERSONS, OR BUSINESS ENTITY  THAT  SUBMITS  A  BID,  QUOTATION,
 APPLICATION, OFFER OR RESPONSE TO THE STATE OR LOCAL GOVERNMENTAL ENTITY
 POSTING  OR  SOLICITATION, AT THE EARLIEST OF THE DATE OF APPLICATION OR
 BID, OR THE DATE OF POSTING ON A STATE OR  LOCAL  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 OFFERORS INTENDING TO RESULT IN A PROCUREMENT
 CONTRACT  GRANT  OR LICENSE WITH A STATE OR LOCAL GOVERNMENTAL ENTITY OR
 THE DATE OF APPLICATION.  THE RESTRICTED PARTICIPANT 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
 INFORMATION OR OTHER INFORMATIONAL EXCHANGES  OCCURRING  PRIOR  TO  SUCH
 GOVERNMENTAL ENTITY'S POSTING OR SOLICITATION FOR PARTICIPATION.
   4.  THE RESTRICTED PARTICIPATION CONTRIBUTION PERIOD DESCRIBED IN THIS
 SECTION SHALL END WITH RESPECT TO A SPECIFIC PERSON, ORGANIZATION, GROUP
 OF  PERSONS,  OR  BUSINESS ENTITY AS PROVIDED IN PARAGRAPH (A) OR (B) OF
 THIS SUBDIVISION.

 S. 6932                             3
 
   (A) IF THE PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS  ENTITY
 IS  THE  RECIPIENT  OF  THE  FINAL  CONTRACT GRANT OR LICENSE AWARD, THE
 RESTRICTED VENDOR CONTRIBUTION PERIOD SHALL END ONE YEAR AFTER THE FINAL
 CONTRACT GRANT OR LICENSE AWARD AND  APPROVAL  BY  THE  STATE  OR  LOCAL
 GOVERNMENTAL ENTITY AND, WHERE APPLICABLE, THE STATE COMPTROLLER.
   (B)  IF THE PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY
 IS NOT THE RECIPIENT OF THE FINAL CONTRACT, LICENSE OR GRANT AWARD,  THE
 RESTRICTED  VENDOR CONTRIBUTION PERIOD SHALL END WITH THE FINAL CONTRAC-
 TOR GRANT AWARD AND APPROVAL BY THE STATE OR LOCAL  GOVERNMENTAL  ENTITY
 AND,  WHERE APPLICABLE, THE STATE COMPTROLLER, OR THE DISAPPROVAL OF THE
 LICENSE OR GRANT.
   § 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 IN CONTRAVENTION OF
 SECTION 14-131 OF THIS ARTICLE SHALL BE REQUIRED TO REFUND SUCH CONTRIB-
 UTION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S6932

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

2021-S6932 (ACTIVE) - Details

2021-S6932 (ACTIVE) - Summary

2021-S6932 (ACTIVE) - Sponsor Memo

2021-S6932 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6932

Share this bill

Sponsored By

Edward A. Rath III

Archive: Last Bill Status - In Senate Committee Elections Committee

2021-S6932 (ACTIVE) - Details

2021-S6932 (ACTIVE) - Summary

2021-S6932 (ACTIVE) - Sponsor Memo

2021-S6932 (ACTIVE) - Bill Text download pdf

Comments