STATE OF NEW YORK
________________________________________________________________________
10079--A
IN ASSEMBLY
May 10, 2016
___________
Introduced by M. of A. McLAUGHLIN, STEC -- read once and referred to the
Committee on Election Law -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the election law and the legislative law, in relation to
campaign finance reform and legislative leadership position term
limits
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 14-115
2 to 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 defined under section 14-100 of this article or any independent expendi-
10 ture as defined under section 14-107 of this article within one year of
11 the contract being awarded to the person, business or corporation.
12 2. Individuals, businesses or corporations that submit a request for
13 proposal with the state or any municipality in regard to a contract
14 shall disclose in the proposal any campaign contributions made in the
15 previous three hundred sixty-five days to any state official elected to
16 public office or his or her family, any political committee or any inde-
17 pendent expenditure and if the individual, business or corporation is
18 awarded the contract, any state official elected to public office or his
19 or her family, any political committee or any independent expenditure
20 that received any campaign contributions from said individual, business
21 or corporation shall refund the individual, business or corporation in
22 full.
23 § 2. The legislative law is amended by adding a new section 5-b to
24 read as follows:
25 § 5-b. Legislative leadership position term limits. No member of the
26 state legislature shall serve as an officer or in a special capacity
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15297-04-6
A. 10079--A 2
1 position, as defined under section five-a of this article, for more than
2 eight years.
3 § 3. Subdivision 1 of section 14-114 of the election law, as amended
4 by chapter 79 of the laws of 1992, paragraphs a and b as amended by
5 chapter 659 of the laws of 1994, is amended to read as follows:
6 1. The following limitations apply to all contributions to candidates
7 for election to any public office or for nomination for any such office,
8 or for election to any party positions, and to all contributions to
9 political committees working directly or indirectly with any candidate
10 to aid or participate in such candidate's nomination or election, other
11 than any contributions to any party committee or constituted committee:
12 a. In any election for a public office to be voted on by the voters of
13 the entire state, or for nomination to any such office, no contributor
14 may make a contribution to any candidate or political committee, and no
15 candidate or political committee may accept any contribution from any
16 contributor, which is in the aggregate amount greater than: (i) in the
17 case of any nomination to public office, the product of the total number
18 of enrolled voters in the candidate's party in the state, excluding
19 voters in inactive status, multiplied by $.005, but such amount shall be
20 not less than four thousand dollars nor more than [twelve] ten thousand
21 dollars as increased or decreased by the cost of living adjustment
22 described in paragraph c of this subdivision, and (ii) in the case of
23 any election to a public office, [twenty-five] ten thousand dollars [as
24 increased or decreased by the cost of living adjustment described in
25 paragraph c of this subdivision; provided however, that the maximum
26 amount which may be so contributed or accepted, in the aggregate, from
27 any candidate's child, parent, grandparent, brother and sister, and the
28 spouse of any such persons, shall not exceed in the case of any nomi-
29 nation to public office an amount equivalent to the product of the
30 number of enrolled voters in the candidate's party in the state, exclud-
31 ing voters in inactive status, multiplied by $.025, and in the case of
32 any election for a public office, an amount equivalent to the product of
33 the number of registered voters in the state excluding voters in inac-
34 tive status, multiplied by $.025].
35 b. In any other election for party position or for election to a
36 public office or for nomination for any such office, no contributor may
37 make a contribution to any candidate or political committee and no
38 candidate or political committee may accept any contribution from any
39 contributor, which is in the aggregate amount greater than: [(i) in the
40 case of any election for party position, or for nomination to public
41 office, the product of the total number of enrolled voters in the candi-
42 date's party in the district in which he is a candidate, excluding
43 voters in inactive status, multiplied by $.05, and (ii) in the case of
44 any election for a public office, the product of the total number of
45 registered voters in the district, excluding voters in inactive status,
46 multiplied by $.05,] ten thousand dollars, however in the case of a
47 nomination within the city of New York for the office of mayor, public
48 advocate or comptroller, such amount shall be not less than four thou-
49 sand dollars nor more than [twelve] ten thousand dollars as increased or
50 decreased by the cost of living adjustment described in paragraph c of
51 this subdivision; in the case of an election within the city of New York
52 for the office of mayor, public advocate or comptroller, [twenty-five]
53 ten thousand dollars as increased or decreased by the cost of living
54 adjustment described in paragraph c of this subdivision; in the case of
55 a nomination for state senator, four thousand dollars as increased or
56 decreased by the cost of living adjustment described in paragraph c of
A. 10079--A 3
1 this subdivision; in the case of an election for state senator, six
2 thousand two hundred fifty dollars as increased or decreased by the cost
3 of living adjustment described in paragraph c of this subdivision; in
4 the case of an election or nomination for a member of the assembly,
5 twenty-five hundred dollars as increased or decreased by the cost of
6 living adjustment described in paragraph c of this subdivision; but in
7 no event shall any such maximum exceed [fifty] ten thousand dollars or
8 be less than one thousand dollars; provided however, that the maximum
9 amount which may be so contributed or accepted, in the aggregate, from
10 any candidate's child, parent, grandparent, brother and sister, and the
11 spouse of any such persons, shall not exceed in the case of any election
12 for party position or nomination for public office an amount equivalent
13 to [the number of enrolled voters in the candidate's party in the
14 district in which he is a candidate, excluding voters in inactive
15 status, multiplied by $.25 and in the case of any election to public
16 office, an amount equivalent to the number of registered voters in the
17 district, excluding voters in inactive status, multiplied by $.25; or]
18 twelve hundred fifty dollars, [whichever is greater,] or in the case of
19 a nomination or election of a state senator, [twenty] ten thousand
20 dollars, [whichever is greater,] or in the case of a nomination or
21 election of a member of the assembly [twelve] ten thousand [five
22 hundred] dollars, [whichever is greater,] but in no event shall any such
23 maximum exceed [one hundred] ten thousand dollars.
24 c. At the beginning of each fourth calendar year, commencing in [nine-
25 teen hundred ninety-five] two thousand sixteen, the state board shall
26 determine the percentage of the difference between the most recent
27 available monthly consumer price index for all urban consumers published
28 by the United States bureau of labor statistics and such consumer price
29 index published for the same month four years previously. The amount of
30 each contribution limit fixed in this subdivision shall be adjusted by
31 the amount of such percentage difference to the closest one hundred
32 dollars by the state board which, not later than the first day of Febru-
33 ary in each such year, shall issue a regulation publishing the amount of
34 each such contribution limit. Each contribution limit as so adjusted
35 shall be the contribution limit in effect for any election held before
36 the next such adjustment.
37 § 4. Subdivision 8 of section 14-114 of the election law, as amended
38 by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
39 laws of 1978, is amended to read as follows:
40 8. a. Except as may otherwise be provided [for] by a candidate [and
41 his family] for his or her own campaign, no natural person may contrib-
42 ute, loan or guarantee in excess of [one hundred fifty] ten thousand
43 dollars within the state of New York in any calendar year in connection
44 with the nomination or election of [persons to] candidates for state
45 [and] or local public offices [and] or party positions [within the state
46 of New York in any one calendar year].
47 b. For the purposes of this subdivision "loan" or "guarantee" shall
48 mean a loan or guarantee which is not repaid or discharged in the calen-
49 dar year in which it is made.
50 § 5. Subdivision 10 of section 14-114 of the election law, as added by
51 chapter 79 of the laws of 1992, is amended to read as follows:
52 10. a. No contributor may make a contribution to a party or consti-
53 tuted committee and no such committee may accept a contribution from any
54 contributor which, in the aggregate, is greater than [sixty-two] ten
55 thousand [five hundred] dollars per annum.
A. 10079--A 4
1 b. At the beginning of each fourth calendar year, commencing in [nine-
2 teen hundred ninety-five] two thousand sixteen, the state board shall
3 determine the percentage of the difference between the most recent
4 available monthly consumer price index for all urban consumers published
5 by the United States bureau of labor statistics and such consumer price
6 index published for the same month four years previously. The amount of
7 such contribution limit fixed in paragraph a of this subdivision shall
8 be adjusted by the amount of such percentage difference to the closest
9 one hundred dollars by the state board which, not later than the first
10 day of February in each such year, shall issue a regulation publishing
11 the amount of such contribution limit. Such contribution limit as so
12 adjusted shall be the contribution limit in effect for any election held
13 before the next such adjustment.
14 § 6. This act shall take effect on the ninetieth day after it shall
15 have become a law.
