Bill Text: NY A04478 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to ethics reform.

Spectrum: Partisan Bill (Republican 10-0)

Status: (Introduced - Dead) 2022-01-05 - referred to governmental operations [A04478 Detail]

Download: New_York-2021-A04478-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4478

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2021
                                       ___________

        Introduced by M. of A. MORINELLO, WALCZYK, McDONOUGH, SMULLEN, DiPIETRO,
          REILLY,  SALKA, J. M. GIGLIO, DeSTEFANO -- Multi-Sponsored by -- M. of
          A.  MANKTELOW -- read once and referred to the  Committee  on  Govern-
          mental Operations

        AN  ACT  to  amend  the  public  officers  law, the legislative law, the
          election law and the executive law, in relation to ethics reform

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subdivision 4 of section 74 of the public officers law, as
     2  amended by chapter 14 of the  laws  of  2007,  is  amended  to  read  as
     3  follows:
     4    4.  Violations.  In  addition  to  any  penalty contained in any other
     5  provision of law any such officer, member or employee who shall knowing-
     6  ly and intentionally violate any of the provisions of this  section  may
     7  be  fined,  suspended or removed from office or employment in the manner
     8  provided by law. Any such individual  who  knowingly  and  intentionally
     9  violates  the  provisions of paragraph b, c, d or i of subdivision three
    10  of this section shall be subject to a civil penalty in an amount not  to
    11  exceed  [ten]  forty thousand dollars and the value of any gift, compen-
    12  sation or benefit received as a result of such violation. Any such indi-
    13  vidual who knowingly and intentionally violates the provisions of  para-
    14  graph a, e or g of subdivision three of this section shall be subject to
    15  a  civil  penalty  in  an  amount  not  to exceed the value of any gift,
    16  compensation or benefit received as a result of such violation.
    17    § 2. The legislative law is amended by adding a  new  section  5-b  to
    18  read as follows:
    19    §  5-b.  Term  limits.  No member of the legislature may be elected to
    20  serve more than four consecutive two-year terms as  temporary  president
    21  of  the  senate, minority leader of the senate, speaker of the assembly,
    22  minority leader of the assembly or chairperson of any senate or assembly
    23  committee.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08774-01-1
        A. 4478                             2

     1    § 3. The election law is amended by adding a  new  section  14-115  to
     2  read as follows:
     3    §  14-115.  Restrictions  on  campaign  contributions for individuals,
     4  businesses or corporations that were awarded contracts with the state or
     5  any municipal corporation. 1. Individuals,  businesses  or  corporations
     6  that  enter into a contract with this state or any municipal corporation
     7  shall be prohibited from making any contribution to any  state  official
     8  elected  to public office or his or her family, any political committee,
     9  or any independent expenditure committee as defined under section 14-100
    10  of this article within one year of the contract  being  awarded  to  the
    11  person, business or corporation.
    12    2. Individuals, businesses or corporations that submit a response to a
    13  duly  issued  request for proposal with the state or any municipality in
    14  regard to a  contract  shall  disclose  in  the  proposal  any  campaign
    15  contributions  made in the previous three hundred sixty-five days to any
    16  state official elected to public office or his or her family, any  poli-
    17  tical  committee  or  any independent expenditure and if the individual,
    18  business or corporation is awarded  the  contract,  any  state  official
    19  elected  to  public office or his or her family, any political committee
    20  or any independent expenditure that received any campaign  contributions
    21  from  said  individual,  business  or  corporation within the last three
    22  hundred sixty-five days shall refund such campaign contributions to  the
    23  respective individual, business or corporation in full.
    24    §  4.  Paragraphs a, b and c of subdivision 1 of section 14-114 of the
    25  election law, paragraphs a and b as amended by chapter 659 of  the  laws
    26  of  1994,  and paragraph c as amended by chapter 79 of the laws of 1992,
    27  are amended to read as follows:
    28    a. In any election for a public office to be voted on by the voters of
    29  the entire state, or for nomination to any such office,  no  contributor
    30  may  make a contribution to any candidate or political committee, and no
    31  candidate or political committee may accept any  contribution  from  any
    32  contributor,  which is in the aggregate amount greater than:  (i) in the
    33  case of any nomination to public office, the product of the total number
    34  of enrolled voters in the candidate's  party  in  the  state,  excluding
    35  voters in inactive status, multiplied by $.005, but such amount shall be
    36  not  less than four thousand dollars nor more than [twelve] ten thousand
    37  dollars as increased or decreased  by  the  cost  of  living  adjustment
    38  described  in  paragraph  c of this subdivision, and (ii) in the case of
    39  any election to a public office, [twenty-five] ten thousand dollars  [as
    40  increased  or  decreased  by  the cost of living adjustment described in
    41  paragraph c of this subdivision;  provided  however,  that  the  maximum
    42  amount  which  may be so contributed or accepted, in the aggregate, from
    43  any candidate's child, parent, grandparent, brother and sister, and  the
    44  spouse  of  any  such persons, shall not exceed in the case of any nomi-
    45  nation to public office an amount  equivalent  to  the  product  of  the
    46  number of enrolled voters in the candidate's party in the state, exclud-
    47  ing  voters  in inactive status, multiplied by $.025, and in the case of
    48  any election for a public office, an amount equivalent to the product of
    49  the number of registered voters in the state excluding voters  in  inac-
    50  tive status, multiplied by $.025].
    51    b.  In  any  other  election  for  party position or for election to a
    52  public office or for nomination for any such office, no contributor  may
    53  make  a  contribution  to  any  candidate  or political committee and no
    54  candidate or political committee may accept any  contribution  from  any
    55  contributor,  which is in the aggregate amount greater than: [(i) in the
    56  case of any election for party position, or  for  nomination  to  public
        A. 4478                             3

     1  office, the product of the total number of enrolled voters in the candi-
     2  date's  party  in  the  district  in  which he is a candidate, excluding
     3  voters in inactive status, multiplied by $.05, and (ii) in the  case  of
     4  any  election  for  a  public office, the product of the total number of
     5  registered voters in the district, excluding voters in inactive  status,
     6  multiplied  by  $.05,]  ten  thousand  dollars, however in the case of a
     7  nomination within the city of New York for the office of  mayor,  public
     8  advocate  or  comptroller, such amount shall be not less than four thou-
     9  sand dollars nor more than [twelve] ten thousand dollars as increased or
    10  decreased by the cost of living adjustment described in paragraph  c  of
    11  this subdivision; in the case of an election within the city of New York
    12  for  the  office of mayor, public advocate or comptroller, [twenty-five]
    13  ten thousand dollars as increased or decreased by  the  cost  of  living
    14  adjustment  described in paragraph c of this subdivision; in the case of
    15  a nomination for state senator, four thousand dollars  as  increased  or
    16  decreased  by  the cost of living adjustment described in paragraph c of
    17  this subdivision; in the case of an  election  for  state  senator,  six
    18  thousand two hundred fifty dollars as increased or decreased by the cost
    19  of  living  adjustment  described in paragraph c of this subdivision; in
    20  the case of an election or nomination for  a  member  of  the  assembly,
    21  twenty-five  hundred  dollars  as  increased or decreased by the cost of
    22  living adjustment described in paragraph c of this subdivision;  but  in
    23  no  event  shall any such maximum exceed [fifty] ten thousand dollars or
    24  be less than one thousand dollars; provided however,  that  the  maximum
    25  amount  which  may be so contributed or accepted, in the aggregate, from
    26  any candidate's child, parent, grandparent, brother and sister, and  the
    27  spouse of any such persons, shall not exceed in the case of any election
    28  for  party position or nomination for public office an amount equivalent
    29  to [the number of enrolled  voters  in  the  candidate's  party  in  the
    30  district  in  which  he  is  a  candidate,  excluding voters in inactive
    31  status, multiplied by $.25 and in the case of  any  election  to  public
    32  office,  an  amount equivalent to the number of registered voters in the
    33  district, excluding voters in inactive status, multiplied by  $.25;  or]
    34  twelve  hundred fifty dollars, [whichever is greater,] or in the case of
    35  a nomination or election of  a  state  senator,  [twenty]  ten  thousand
    36  dollars,  [whichever  is  greater,]  or  in  the case of a nomination or
    37  election of a  member  of  the  assembly  [twelve]  ten  thousand  [five
    38  hundred] dollars, [whichever is greater,] but in no event shall any such
    39  maximum exceed [one hundred] ten thousand dollars.
    40    c. At the beginning of each fourth calendar year, commencing in [nine-
    41  teen hundred ninety-five] two thousand twenty-two, the state board shall
    42  determine  the  percentage  of  the  difference  between the most recent
    43  available monthly consumer price index for all urban consumers published
    44  by the United States bureau of labor statistics and such consumer  price
    45  index  published for the same month four years previously. The amount of
    46  each contribution limit fixed in this subdivision shall be  adjusted  by
    47  the  amount  of  such  percentage  difference to the closest one hundred
    48  dollars by the state board which, not later than the first day of Febru-
    49  ary in each such year, shall issue a regulation publishing the amount of
    50  each such contribution limit. Each contribution  limit  as  so  adjusted
    51  shall  be  the contribution limit in effect for any election held before
    52  the next such adjustment.
    53    § 4-a. Subdivision 1 of section 14-114 of the election law, as amended
    54  by section 3 of part ZZZ of chapter 58 of the laws of 2020,  is  amended
    55  to read as follows:
        A. 4478                             4

     1    1.  The following limitations apply to all contributions to candidates
     2  for election to any public office or for nomination for any such office,
     3  or for election to any party positions,  and  to  all  contributions  to
     4  political  committees  working directly or indirectly with any candidate
     5  to  aid or participate in such candidate's nomination or election, other
     6  than any contributions to any party committee or constituted committee:
     7    a. In any election for a public office to be voted on by the voters of
     8  the entire state, or for nomination to any such office,  no  contributor
     9  may make a contribution to any candidate or political committee, partic-
    10  ipating  in  the  state's  public  campaign financing system pursuant to
    11  title two of this article and no such candidate or  political  committee
    12  may accept any contribution from any contributor, which is in the aggre-
    13  gate amount greater than [eighteen] ten thousand dollars divided equally
    14  among  the  primary and general election in an election cycle[; provided
    15  however, that  the  maximum  amount  which  may  be  so  contributed  or
    16  accepted,  in  the aggregate, from any candidate's child, parent, grand-
    17  parent, brother and sister, and the spouse of any  such  persons,  shall
    18  not  exceed  in  the  case  of any nomination to public office an amount
    19  equivalent to the product of the number of enrolled voters in the candi-
    20  date's party in the state, excluding voters in inactive  status,  multi-
    21  plied  by $.025, and in the case of any election for a public office, an
    22  amount equivalent to the product of the number of registered  voters  in
    23  the state excluding voters in inactive status, multiplied by $.025].
    24    b.  In  any  other  election  for  party position or for election to a
    25  public office or for nomination for any such office, no contributor  may
    26  make  a contribution to any candidate or political committee participat-
    27  ing in the state's public campaign financing system  pursuant  to  title
    28  two  of  this  article  and no such candidate or political committee may
    29  accept any contribution from any contributor, which is in the  aggregate
    30  amount  greater  than [election for party position, or for nomination to
    31  public office, the product of the total number of enrolled voters in the
    32  candidate's party in the district in which he is a candidate,  excluding
    33  voters  in  inactive status, multiplied by $.05, and (ii) in the case of
    34  any election for a public office, the product of  the  total  number  of
    35  registered  voters in the district, excluding voters in inactive status,
    36  multiplied by $.05] ten thousand dollars, however in the case of a nomi-
    37  nation within the city of New York for the office of mayor, public advo-
    38  cate or comptroller, such amount shall be not less  than  four  thousand
    39  dollars  nor  more  than  [twelve]  ten thousand dollars as increased or
    40  decreased by the cost of living adjustment described in paragraph  c  of
    41  this subdivision; in the case of an election within the city of New York
    42  for  the  office of mayor, public advocate or comptroller, [twenty-five]
    43  ten thousand dollars as increased or decreased by  the  cost  of  living
    44  adjustment  described in paragraph c of this subdivision; in the case of
    45  a nomination or  election  for  state  senator,  ten  thousand  dollars,
    46  divided  equally  among  the primary and general election in an election
    47  cycle; in the case of an election or nomination  for  a  member  of  the
    48  assembly,  six  thousand  dollars, divided equally among the primary and
    49  general election in an election cycle; [provided however, that the maxi-
    50  mum amount which may be so contributed or accepted,  in  the  aggregate,
    51  from any candidate's child, parent, grandparent, brother and sister, and
    52  the  spouse  of  any  such  persons, shall not exceed in the case of any
    53  election for party position or nomination for public  office  an  amount
    54  equivalent  to the number of enrolled voters in the candidate's party in
    55  the district in which he is a candidate, excluding  voters  in  inactive
    56  status,  multiplied  by  $.25  and in the case of any election to public
        A. 4478                             5

     1  office, an amount equivalent to the number of registered voters  in  the
     2  district,  excluding  voters in inactive status, multiplied by $.25;] or
     3  twelve hundred fifty dollars, [whichever is greater,] or in the case  of
     4  a  nomination  or  election  of  a  state senator, [twenty] ten thousand
     5  dollars, [whichever is greater,] or in  the  case  of  a  nomination  or
     6  election  of  a  member  of  the  assembly  [twelve]  ten thousand [five
     7  hundred] dollars, [whichever is greater,] but in no event shall any such
     8  maximum exceed [one hundred] ten thousand dollars.
     9    c. In any election for a public office to be voted on by the voters of
    10  the entire state, or for nomination to any such office,  no  contributor
    11  may  make  a  contribution  to  any  candidate or political committee in
    12  connection with a candidate who is  not  a  participating  candidate  as
    13  defined in subdivision fourteen of section 14-200-a of this article, and
    14  no  such  candidate  or  political committee may accept any contribution
    15  from any contributor, which is in  the  aggregate  amount  greater  than
    16  [eighteen]  ten  thousand dollars, divided equally among the primary and
    17  general election in an election cycle[; provided however, that the maxi-
    18  mum amount which may be so contributed or accepted,  in  the  aggregate,
    19  from any candidate's child, parent, grandparent, brother and sister, and
    20  the  spouse  of  any  such  persons, shall not exceed in the case of any
    21  nomination to public office an amount equivalent to the product  of  the
    22  number of enrolled voters in the candidate's party in the state, exclud-
    23  ing  voters  in inactive status, multiplied by $.025, and in the case of
    24  any election for a public office, an amount equivalent to the product of
    25  the number of registered voters in the state, excluding voters in  inac-
    26  tive status, multiplied by $.025].
    27    d.  In  any nomination or election of a candidate who is not a partic-
    28  ipating candidate for  state  senator,  ten  thousand  dollars,  divided
    29  equally  among the primary and general election in an election cycle; in
    30  the case of an election or nomination for a member of the assembly,  six
    31  thousand dollars, divided equally among the primary and general election
    32  in an election cycle.
    33    e.  (1)  At  the beginning of each fourth calendar year, commencing in
    34  [nineteen hundred ninety-five] two thousand twenty-two, the state  board
    35  shall determine the percentage of the difference between the most recent
    36  available monthly consumer price index for all urban consumers published
    37  by  the United States bureau of labor statistics and such consumer price
    38  index published for the same month four years previously. The amount  of
    39  each  contribution  limit fixed in this subdivision shall be adjusted by
    40  the amount of such percentage difference  to  the  closest  one  hundred
    41  dollars by the state board which, not later than the first day of Febru-
    42  ary in each such year, shall issue a regulation publishing the amount of
    43  each  such  contribution  limit.  Each contribution limit as so adjusted
    44  shall be the contribution limit in effect for any election  held  before
    45  the next such adjustment.
    46    (2)  Provided,  however,  that  such  adjustments  shall not occur for
    47  candidates seeking statewide office, or the position of state senator or
    48  member of the assembly, whether such candidate does or does not  partic-
    49  ipate in the public finance program established pursuant to title two of
    50  this article.
    51    f.  Notwithstanding  any  other  contribution  limit  in this section,
    52  participating candidates as defined in subdivision fourteen  of  section
    53  14-200-a  of  this article may contribute, out of their own money, three
    54  times the applicable contribution limit to their own authorized  commit-
    55  tee.
        A. 4478                             6

     1    §  5.  Subdivision 8 of section 14-114 of the election law, as amended
     2  by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
     3  laws of 1978, is amended to read as follows:
     4    8.  a.  Except  as may otherwise be provided [for] by a candidate [and
     5  his family] for his or her own campaign, no natural person may  contrib-
     6  ute,  loan  or  guarantee  in excess of [one hundred fifty] ten thousand
     7  dollars within the state of New York in any calendar year in  connection
     8  with  the  nomination  or  election of [persons to] candidates for state
     9  [and] or local public offices [and] or party positions [within the state
    10  of New York in any one calendar year].
    11    b. For the purposes of this subdivision "loan"  or  "guarantee"  shall
    12  mean a loan or guarantee which is not repaid or discharged in the calen-
    13  dar year in which it is made.
    14    § 6. Subdivision 10 of section 14-114 of the election law, as added by
    15  chapter 79 of the laws of 1992, is amended to read as follows:
    16    10.  a.  No  contributor may make a contribution to a party or consti-
    17  tuted committee and no such committee may accept a contribution from any
    18  contributor which, in the aggregate, is  greater  than  [sixty-two]  ten
    19  thousand [five hundred] dollars per annum.
    20    b. At the beginning of each fourth calendar year, commencing in [nine-
    21  teen hundred ninety-five] two thousand twenty-two, the state board shall
    22  determine  the  percentage  of  the  difference  between the most recent
    23  available monthly consumer price index for all urban consumers published
    24  by the United States bureau of labor statistics and such consumer  price
    25  index  published for the same month four years previously. The amount of
    26  such contribution limit fixed in paragraph a of this  subdivision  shall
    27  be  adjusted  by the amount of such percentage difference to the closest
    28  one hundred dollars by the state board which, not later than  the  first
    29  day  of  February in each such year, shall issue a regulation publishing
    30  the amount of such contribution limit. Such  contribution  limit  as  so
    31  adjusted shall be the contribution limit in effect for any election held
    32  before the next such adjustment.
    33    §  7.  The  legislative law is amended by adding a new section 33-a to
    34  read as follows:
    35    § 33-a. Directing of state funds. No member of the  legislature  shall
    36  direct  any  state funds to any individual, business or corporation that
    37  has, at any time during the member's candidacy  for  office  or  elected
    38  term,  made any contribution to any member of the legislature, statewide
    39  elected official, political committee or independent expenditure commit-
    40  tee as defined by section 14-100 of the election law.
    41    § 8. The executive law is amended by adding a new section 204 to  read
    42  as follows:
    43    §  204.  Statewide  database of all contracts awarded by the state. 1.
    44  The commissioner shall establish a  single  statewide  database  of  all
    45  contracts awarded by the state or entity thereof and shall include ther-
    46  ein  information of all contracts awarded by the state or entity thereof
    47  and shall include therein information related to all bids  submitted  in
    48  response to any solicitations for such awards.
    49    2. Every department, division, commission, agency, authority, board or
    50  any  other  entity  of  the state shall submit all awarded contracts and
    51  bids related to such contracts to the commissioner on a schedule and  in
    52  a format determined by the commissioner.
    53    3.  Such  database  shall  be  available online for public review in a
    54  searchable, downloadable format. Such database shall include, but not be
    55  limited to:
    56    (a) descriptions of requests for proposals and contracts;
        A. 4478                             7

     1    (b) all bids for state contracts; and
     2    (c) contact information for all parties to the contract.
     3    4.  The commissioner shall promulgate any rules and regulations neces-
     4  sary for the implementation of such  database  established  pursuant  to
     5  this  section  and ensure the privacy of any confidential or proprietary
     6  information that may be contained within a bid or contract.
     7    § 9. This  act  shall  take  effect  immediately;  provided,  however,
     8  section four-a of this act shall take effect on the same date and in the
     9  same  manner  as section 3 of part ZZZ of chapter 58 of the laws of 2020
    10  takes effect.