Bill Text: NY S00507 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Establishes the New York state business contract database.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ELECTIONS [S00507 Detail]

Download: New_York-2019-S00507-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                           507
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by Sen. CARLUCCI -- 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  establishing  the  New
          York state business contract database
          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 14-125
     2  to read as follows:
     3    § 14-125. New York state business contract database. 1. a. As used  in
     4  this section:
     5    (i)  the  term  "business relationships with the state" shall mean any
     6  contract for the procurement of goods, services or construction that  is
     7  entered  into  or  in effect with the state of New York or any agency or
     8  entity affiliated thereto not awarded through a competitive bid  process
     9  pursuant  to articles nine and eleven of the state finance law. Business
    10  relationships with the  state  shall  not  mean  any  person  or  entity
    11  rejected  from  participation in such a contract or any person or entity
    12  not participating in such a contract within twenty-four  months  of  any
    13  election.
    14    (ii) the term "New York state business contract database" shall mean a
    15  database  created,  operated,  maintained and updated by the state comp-
    16  troller accessible to the public which contains the names of persons who
    17  have business relationships with  the  state.  Such  database  shall  be
    18  created,  operated, maintained and updated by the state comptroller in a
    19  manner so  as  to  ensure  its  reasonable  accuracy  and  completeness;
    20  provided,  however, that in no event shall such database be updated less
    21  frequently than once a month in any general election year. Such database
    22  shall enable members of the public to determine if a given person has  a
    23  business relationship with the state.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06280-01-9
        S. 507                              2
     1    (iii)  the  term  "person"  shall include any chief executive officer,
     2  chief financial officer or chief operating officer  of  such  entity  or
     3  persons  serving  in  an  equivalent  capacity, any person employed in a
     4  senior managerial capacity regarding such entity, or any person with  an
     5  interest  in  such entity which exceeds ten percent of the value of such
     6  entity at fair market value.
     7    (iv) the term "senior managerial capacity" shall  mean  a  high  level
     8  supervisory  capacity,  either  by  virtue  of title or duties, in which
     9  substantial discretion and oversight is exercised over the solicitation,
    10  letting or administration  of  business  transactions  with  the  state,
    11  including  contracts,  franchises, concession, grants, economic develop-
    12  ment agreements and application for land use approvals.
    13    b. Any database maintained by the comptroller as of the effective date
    14  of this section may serve as the New York state business contract  data-
    15  base  upon  certification  by  the  comptroller  to  the  state board of
    16  elections that such database fulfills the requirements of this  section.
    17  Every state agency or authority of the state including any entity affil-
    18  iated  thereto shall provide the comptroller with such information as is
    19  necessary to construct, modify and maintain such database  in  a  timely
    20  manner.
    21    2.  a. Neither a candidate nor a political committee of such candidate
    22  shall accept contributions for any election for a public office  or  for
    23  nomination  to  any  such  office  which  in  the aggregate exceeds four
    24  hundred dollars from a person or entity who has a business  relationship
    25  with the state.
    26    b. If the compliance unit determines that any contribution to a candi-
    27  date  or  to  the  political  committee  of  such candidate violates the
    28  provisions of this section, the compliance unit shall notify such candi-
    29  date within twenty days of such  determination  and  such  candidate  or
    30  candidate's  political  committee  shall  make  a  reasonable attempt to
    31  return such contribution to the contributor; provided, however, that  if
    32  such candidate or the political committee of such candidate is unable to
    33  return  such  contribution, such monies shall be paid to the state board
    34  of elections and shall be retained in the appropriate accounts as desig-
    35  nated by the division of the budget for enforcement  activities  by  the
    36  board of elections.
    37    c.  The  state board of elections, in conjunction with the state comp-
    38  troller, shall promulgate such rules and regulations as  may  be  deemed
    39  necessary for the administration of this section.
    40    § 2. This act shall take effect January 1, 2021.