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
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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
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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:
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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
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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.
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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;
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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.