Bill Text: NY S00986 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes the New York state business contract database containing names of persons who have contracts with the state for the procurement of goods, services or construction that are not awarded through a competitive bid process; prohibits candidates or political committees from receiving certain contributions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO ELECTIONS [S00986 Detail]
Download: New_York-2023-S00986-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 986 2023-2024 Regular Sessions IN SENATE January 9, 2023 ___________ Introduced by Sen. GOUNARDES -- 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. 24 (iii) the term "person" shall include any chief executive officer, 25 chief financial officer or chief operating officer of such entity or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01518-02-3S. 986 2 1 persons serving in an equivalent capacity, any person employed in a 2 senior managerial capacity regarding such entity, or any person with an 3 interest in such entity which exceeds ten percent of the value of such 4 entity at fair market value. 5 (iv) the term "senior managerial capacity" shall mean a high level 6 supervisory capacity, either by virtue of title or duties, in which 7 substantial discretion and oversight is exercised over the solicitation, 8 letting or administration of business transactions with the state, 9 including contracts, franchises, concession, grants, economic develop- 10 ment agreements and application for land use approvals. 11 b. Any database maintained by the comptroller as of the effective date 12 of this section may serve as the New York state business contract data- 13 base upon certification by the comptroller to the state board of 14 elections that such database fulfills the requirements of this section. 15 Every state agency or authority of the state including any entity affil- 16 iated thereto shall provide the comptroller with such information as is 17 necessary to construct, modify and maintain such database in a timely 18 manner. 19 2. a. Neither a candidate nor a political committee of such candidate 20 shall accept contributions for any election for a public office or for 21 nomination to any such office which in the aggregate exceeds four 22 hundred dollars from a person or entity who has a business relationship 23 with the state. 24 b. If the compliance unit determines that any contribution to a candi- 25 date or to the political committee of such candidate violates the 26 provisions of this section, the compliance unit shall notify such candi- 27 date within twenty days of such determination and such candidate or 28 candidate's political committee shall make a reasonable attempt to 29 return such contribution to the contributor; provided, however, that if 30 such candidate or the political committee of such candidate is unable to 31 return such contribution, such monies shall be paid to the state board 32 of elections and shall be retained in the appropriate accounts as desig- 33 nated by the division of the budget for enforcement activities by the 34 board of elections. 35 c. The state board of elections, in conjunction with the state comp- 36 troller, shall promulgate such rules and regulations as may be deemed 37 necessary for the administration of this section. 38 § 2. This act shall take effect January 1, 2024.
