Manktelow, Bendett, Norris, Morinello, Tague, Angelino, Gray, Brown E, Chang
MLTSPNSR
Blankenbush, Brown K, Byrnes
Add §14-117, El L
Prohibits certain state and prospective state contractors to contribute to the campaigns and committees of statewide officials, including any candidate for governor, attorney general and comptroller, for a period of time; requires written notice of prohibitions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1972
SPONSOR: Goodell TITLE OF BILL:
An act to amend the election law, in relation to campaign contributions
by state and prospective state contractors
PURPOSE OR GENERAL IDEA OF THE BILL:
The purpose of this legislation is to prevent unethical conflict of
interests by setting limitations on which entities can make campaign
contributions to candidates for governor, attorney general, and comp-
troller.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends the election law by prohibiting individ-
uals, corporations, limited liability corporations, lobbyists, and
others from making campaign contributions to candidates for governor if
they are currently under contract or seeking a contract or grant from
the state or a state agency that includes members appointed by the
governor.
Section 2 of the bill amends the election law by prohibiting individ-
uals, corporations, limited liability corporations, lobbyists, and
others from making campaign contributions to candidates for attorney
general if they are currently - under contract or seeking a contract or
grant which is drafted, reviewed, approved, or enforced by the office of
the attorney general.
Section 3 of the bill amends the election law by prohibiting individ-
uals, corporations, limited liability corporations, lobbyists, and
others from making campaign contributions to candidates for comptroller
if they are currently under contract or seeking a contract or grant that
is reviewed, approved, or subject to audit by the office of the comp-
troller, or if the comptroller has invested any funds from the state
pension system with the organization in question.
JUSTIFICATION:
Although public-private partnerships are incredibly important in promot-
ing economic growth throughout New York State, flagrant corruption and
exploitation of power has been displayed time and time again by state
officials. Pay to play practices and bid rigging tactics were on display
in state funded projects such as the Buffalo Billion economic develop-
ment initiative, Crystal Run Healthcare and the Syracuse Film Hub. These
are clear examples of institutional exploitation of power by state offi-
cials. Abuse and misconduct by individuals with significant say in the
contract bidding process has created the need for greater openness in
the contract bidding structure. This law would eliminate conflicts of
interest which have historically violated the public's trust in the
impartiality of the state's contract bidding process.
PRIOR LEGISLATIVE HISTORY:
A.4856 2022 - Held for consideration in Election Law
A.6585 2020 - Held for consideration in Election Law
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
The bill would take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1972
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. GOODELL -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to campaign contributions
by state and prospective state contractors
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The election law is amended by adding a new section 14-117
2 to read as follows:
3 § 14-117. Political contributions to statewide officials. 1. (a) No
4 campaign contributions shall be made to any candidate for governor or
5 any committee of such candidate, nor shall any campaign contributions be
6 accepted by any candidate for governor or committee of such candidate,
7 from any individual, corporation, limited liability corporation, joint
8 stock association, partnership, union, or any other entity, or any offi-
9 cer, director, majority shareholder, manager, attorney or lobbyist ther-
10 eof, at any time within the thirty-six month period preceding and subse-
11 quent to the entering into or seeking of any contract, grant or other
12 financial agreement with any agency or department of the state or with
13 any public authority, public benefit corporation, or any other entity,
14 whose management includes any members appointed by the governor.
15 (b) No campaign contributions shall be made to any candidate for
16 attorney general or any committee of such candidate, nor shall any
17 campaign contributions be accepted by any candidate for attorney general
18 or any committee of such candidate, from any individual, corporation,
19 limited liability corporation, joint stock association, partnership,
20 union, or any other entity, or any officer, director, majority share-
21 holder, manager, attorney, or lobbyist thereof, (i) at any time within
22 the thirty-six month period preceding and/or subsequent to the entering
23 into or seeking of any contract, grant or other agreement that is draft-
24 ed, reviewed, approved, or enforced by the office of the attorney gener-
25 al, or (ii) that is licensed or is regulated by any agency or department
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06044-01-3
A. 1972 2
1 of the state, public authority, public benefit corporation, or any other
2 entity, where such license or regulation is drafted, reviewed, approved,
3 or enforced by the office of the attorney general.
4 (c) No campaign contributions can be made to any candidate for comp-
5 troller or any committee of such candidate, nor shall any campaign
6 contributions be accepted by a candidate for comptroller or any commit-
7 tee of such candidate, from any individual, corporation, limited liabil-
8 ity corporation, joint stock association, partnership, union, or any
9 other entity, and any officer, director, majority shareholder, manager,
10 attorney, or lobbyist thereof, that has a contract or a grant or any
11 other agreement (i) that is reviewed, approved, or subject to audit by
12 the office of the comptroller, or any individual, corporation, limited
13 liability corporation, joint stock association, partnership, union, or
14 (ii) with any other entity, or any officer, director, majority share-
15 holder, manager, attorney, or lobbyist thereof, in which the comptroller
16 has invested any funds from the state pension system.
17 2. The applicable governmental agency shall make available to any
18 individual or entity subject to the restrictions set forth in this
19 section a written notice, in the contract and solicitation for procure-
20 ment, if applicable, advising such individual or entity of the contrib-
21 ution prohibitions contained in this section. The notice shall inform
22 the individual or entity that if any such contribution is made, the
23 applicable governmental agency may void the contract and no other agency
24 will have the right to award such individual or entity any contract or
25 modification or extension to any contract, as applicable, for a period
26 of one year following the election for which such contribution has been
27 made. Notwithstanding anything contained herein, no violation of the
28 prohibitions contained in this section shall be deemed to have occurred
29 if the improper contribution is returned to the individual or entity
30 making the contribution by the earlier of thirty days after the recipi-
31 ent receives the contribution or the filing date that corresponds with
32 the reporting period in which the contribution was made.
33 § 2. This act shall take effect immediately.
