S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6934
 
                        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 PERSON" SHALL MEAN ANY PERSON LIVING IN THE SAME
 HOUSEHOLD AS THE INDIVIDUAL AND ANY PERSON WHO IS A DIRECT DESCENDANT OF
 THE GRANDPARENTS OF SUCH INDIVIDUAL OR OF THE GRANDPARENTS OF SUCH INDI-
 VIDUAL'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 DEVELOP-
 MENT AGENCY OR LOCAL PUBLIC BENEFIT CORPORATION AS THAT TERM IS  DEFINED
 IN SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION LAW;
   (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.
              

                                                            LBD11621-01-1

 S. 6934                             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. THE "RESTRICTED PARTICIPANT CONTRIBUTION PERIOD" AS  USED  IN  THIS
 SECTION SHALL:
   (I)  COMMENCE,  WITH  RESPECT  TO  A  SPECIFIC PERSON, RELATIVE OF ANY
 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 SOLICITATION 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 GOVERN-
 MENTAL  ENTITY  OR  THE  DATE OF APPLICATION. THE RESTRICTED PARTICIPANT
 CONTRIBUTION PERIOD DOES NOT APPLY TO A PERSON, RELATIVE OF ANY INDIVID-
 UAL, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY THAT IS  RESPOND-
 ING  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; AND
   (II)  END  WITH  RESPECT TO A SPECIFIC PERSON, RELATIVE OF ANY PERSON,
 ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY;
   (1) IF THE PERSON, RELATIVE, ORGANIZATION, GROUP OF PERSONS, OR  BUSI-
 NESS  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; OR
   (2)  IF THE PERSON, RELATIVE, ORGANIZATION, GROUP OF PERSONS, OR BUSI-
 NESS ENTITY IS NOT THE RECIPIENT OF THE FINAL CONTRACT, LICENSE OR GRANT
 AWARD, THE RESTRICTED VENDOR CONTRIBUTION  PERIOD  SHALL  END  WITH  THE
 FINAL  CONTRACTOR GRANT AWARD AND APPROVAL BY THE STATE OR LOCAL GOVERN-
 MENTAL ENTITY AND, WHERE  APPLICABLE,  THE  STATE  COMPTROLLER,  OR  THE
 DISAPPROVAL OF THE LICENSE OR GRANT.
   3. DURING THE RESTRICTED PARTICIPANT CONTRIBUTION PERIOD, THE CONTRIB-
 UTION  LIMITS  SET  FORTH  IN  ARTICLE  FOURTEEN OF THIS CHAPTER FOR ANY
 PERSON, RELATIVE OF ANY PERSON, ORGANIZATION, GROUP OF PERSONS OR  BUSI-
 NESS  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,  SHALL  BE
 REDUCED TO FIFTEEN PERCENT OF THE CONTRIBUTION LIMITS OTHERWISE  PERMIT-
 TED  PURSUANT  TO  SECTION 14-114 OF THIS ARTICLE TO ANY OFFICEHOLDER OF
 THE STATE OR LOCAL GOVERNMENTAL ENTITY OR ENTITIES RESPONSIBLE  FOR,  OR
 RESPONSIBLE  FOR CHOOSING, DIRECTLY OR INDIRECTLY, 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

 S. 6934                             3
 
 CANDIDATE  FOR  AN  OFFICE  OF SUCH GOVERNMENTAL ENTITY INCLUDING TO THE
 AUTHORIZED POLITICAL COMMITTEES OF SUCH OFFICE HOLDER OR CANDIDATE.
   4.  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.
   5.  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.
   §  2.  Section  14-126  of the election law is amended by adding a new
 subdivision 8 to read as follows:
   8. (A) ANY PERSON, RELATIVE OF  ANY  PERSON,  ORGANIZATION,  GROUP  OF
 PERSONS,  OR  BUSINESS  ENTITY  AS  SUCH  TERMS  ARE USED AND DEFINED IN
 SECTION 14-131 OF THIS ARTICLE, WHO,  UNDER  CIRCUMSTANCES  EVINCING  AN
 INTENT  TO  VIOLATE  SUCH  LAW, MAKES A CONTRIBUTION 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.