Bill Text: NY S05962 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to pay-to-play disclosure reform; requires reporting of contributions business entities have made to a candidate committee or election fund of certain public officers prior to contracts for procurement.
Spectrum: Partisan Bill (Republican 12-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO FINANCE [S05962 Detail]
Download: New_York-2013-S05962-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 5962 A. 8199 2013-2014 Regular Sessions S E N A T E - A S S E M B L Y October 21, 2013 ___________ IN SENATE -- Introduced by Sens. LANZA, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Governmental Operations AN ACT to amend the state finance law, in relation to pay-to-play disclosure reform THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The state finance law is amended by adding a new section 2 139-l to read as follows: 3 S 139-L. REPORTING OF CONTRIBUTIONS BY BUSINESS ENTITIES. 1. FOR THE 4 PURPOSES OF THIS SECTION, A "BUSINESS ENTITY" SHALL MEAN ANY NATURAL OR 5 LEGAL PERSON, BUSINESS CORPORATION, PROFESSIONAL SERVICES CORPORATION, 6 LIMITED LIABILITY COMPANY, PARTNERSHIP, LIMITED PARTNERSHIP, BUSINESS 7 TRUST, ASSOCIATION, LABOR ORGANIZATION, RELIGIOUS CORPORATION, EDUCATION 8 CORPORATION, OR NOT-FOR-PROFIT CORPORATION ORGANIZED UNDER THE LAWS OF 9 THIS STATE OR ANY OTHER STATE OR FOREIGN JURISDICTION, INCLUDING: 10 A. ALL INDIVIDUALS WHO OWN OR CONTROL MORE THAN TEN PERCENT OF THE 11 PROFITS OR ASSETS OF A BUSINESS ENTITY OR TEN PERCENT OF THE STOCK IN 12 THE CASE OF A BUSINESS ENTITY THAT IS A CORPORATION FOR PROFIT, AS 13 APPROPRIATE; 14 B. KEY EMPLOYEES OF THE BUSINESS ENTITY, WHICH SHALL MEAN OFFICERS, 15 MEMBERS OF THE BOARD OF DIRECTORS AND TRUSTEES, AND THEIR SPOUSES; 16 C. ANY SUBSIDIARIES DIRECTLY OR INDIRECTLY CONTROLLED BY THE BUSINESS 17 ENTITY; 18 D. ANY POLITICAL ORGANIZATION ORGANIZED UNDER SECTION 527 OF THE 19 INTERNAL REVENUE CODE THAT IS DIRECTLY OR INDIRECTLY CONTROLLED BY THE 20 BUSINESS ENTITY, OTHER THAN A CANDIDATE COMMITTEE, ELECTION FUND, OR 21 POLITICAL PARTY COMMITTEE; AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11979-01-3 S. 5962 2 A. 8199 1 E. IF A BUSINESS ENTITY IS A NATURAL PERSON, THAT PERSON'S SPOUSE 2 AND/OR CHILD, RESIDING WITH THE BUSINESS ENTITY. 3 2. PRIOR TO THE SUBMISSION TO THE DEPARTMENT OF LAW AND THE DEPARTMENT 4 OF AUDIT AND CONTROL FOR APPROVAL OF A PROCUREMENT CONTRACT FOR THE SALE 5 OF GOODS, SERVICES, OR CONSTRUCTION TO A STATE AGENCY, AS DEFINED IN 6 SECTION ONE HUNDRED SIXTY OF THIS CHAPTER, OR ANY PUBLIC AUTHORITY WHEN 7 ITS PROCUREMENT CONTRACTS ARE SUBMITTED TO THE DEPARTMENT OF AUDIT AND 8 CONTROL FOR APPROVAL, OR TO EITHER HOUSE OF THE STATE LEGISLATURE OR, 9 FOR PROCUREMENTS THAT DO NOT REQUIRE THE APPROVAL OF THE DEPARTMENT OF 10 LAW OR THE DEPARTMENT OF AUDIT AND CONTROL, PRIOR TO THE EXECUTION OF 11 THE PROCUREMENT CONTRACT, INCLUDING BUT NOT LIMITED TO CONTRACTS FOR THE 12 ACQUISITION, SALE, OR LEASE OF ANY REAL PROPERTY FROM OR TO ANY BUSINESS 13 ENTITY OR PRIOR TO THE AWARD OF A GRANT TO ANY BUSINESS ENTITY, THE 14 BUSINESS ENTITY SHALL REPORT ON A FORM TO BE CREATED BY THE OFFICE OF 15 AUDIT AND CONTROL ALL CONTRIBUTIONS THE BUSINESS ENTITY MADE DURING THE 16 PRECEDING EIGHTEEN MONTHS TO A CANDIDATE COMMITTEE OR ELECTION FUND OF 17 ANY CANDIDATE OR HOLDER OF THE OFFICE OF GOVERNOR, LIEUTENANT GOVERNOR, 18 STATE COMPTROLLER, OR ATTORNEY GENERAL IF THE PROCUREMENT IS TO BE MADE 19 BY A STATE AGENCY OR CONTRIBUTIONS TO CANDIDATES FOR ELECTION TO THE 20 HOUSE OF THE STATE LEGISLATURE SEEKING THE PROCUREMENT IF THE PROCURE- 21 MENT IS TO BE MADE BY A HOUSE OF THE LEGISLATURE. THE BUSINESS ENTITY 22 SHALL HAVE A CONTINUING DUTY TO REPORT ANY CONTRIBUTION IT MAKES DURING 23 THE TERM OF THE CONTRACT UNTIL ITS COMPLETION OR FOR A PERIOD OF EIGH- 24 TEEN MONTHS AFTER THE AWARD, WHICHEVER IS GREATER. 25 3. IT SHALL BE A BREACH OF THE TERMS OF THE GOVERNMENT CONTRACT FOR A 26 BUSINESS ENTITY TO KNOWINGLY CONCEAL OR MISREPRESENT A CONTRIBUTION 27 GIVEN OR RECEIVED OR TO MAKE OR SOLICIT CONTRIBUTIONS THROUGH INTERME- 28 DIARIES FOR THE PURPOSE OF CONCEALING OR MISREPRESENTING THE SOURCE OF 29 THE CONTRIBUTION. 30 4. IF A BUSINESS ENTITY IS FOUND, AFTER NOTIFICATION OF AN ALLEGATION 31 OF A VIOLATION OF THE PROVISIONS OF THIS SECTION, AN OPPORTUNITY TO BE 32 HEARD, AND REVIEW AND INVESTIGATION BY THE ETHICS OFFICER OF THE GOVERN- 33 MENTAL ENTITY CONDUCTING THE PROCUREMENT OR OTHER DESIGNATED OFFICIAL OF 34 THE PROCURING GOVERNMENTAL ENTITY RESPONSIBLE FOR REVIEWING AND INVESTI- 35 GATING SUCH MATTERS, TO HAVE KNOWINGLY AND WILLFULLY VIOLATED THE 36 REQUIREMENTS OF THIS SECTION, IT SHALL RESULT IN A DETERMINATION OF 37 NON-RESPONSIBILITY FOR SUCH BUSINESS ENTITY, AND SUCH BUSINESS ENTITY 38 AND ITS SUBSIDIARIES, AND ANY RELATED OR SUCCESSOR ENTITY WITH SUBSTAN- 39 TIALLY SIMILAR FUNCTION, MANAGEMENT, BOARD OF DIRECTORS, OFFICERS, AND 40 SHAREHOLDERS SHALL NOT BE AWARDED THE PROCUREMENT CONTRACT, UNLESS THE 41 GOVERNMENTAL ENTITY FINDS THAT THE AWARD OF THE PROCUREMENT CONTRACT TO 42 THE BUSINESS ENTITY IS NECESSARY TO PROTECT PUBLIC PROPERTY OR PUBLIC 43 HEALTH OR SAFETY, AND THAT THE BUSINESS ENTITY IS THE ONLY SOURCE CAPA- 44 BLE OF SUPPLYING THE REQUIRED ARTICLE OF PROCUREMENT WITHIN THE NECES- 45 SARY TIMEFRAME, PROVIDED THAT THE GOVERNMENTAL ENTITY SHALL INCLUDE IN 46 THE PROCUREMENT RECORD A STATEMENT DESCRIBING THE BASIS FOR SUCH FIND- 47 ING. ANY SUBSEQUENT DETERMINATION OF NON-RESPONSIBILITY DUE TO VIOLATION 48 OF THIS SECTION WITHIN FOUR YEARS OF A DETERMINATION OF NON-RESPONSIBIL- 49 ITY DUE TO A VIOLATION OF THIS SECTION SHALL RESULT IN THE BUSINESS 50 ENTITY BEING RENDERED INELIGIBLE TO SUBMIT A PROPOSAL ON OR BE AWARDED 51 ANY PROCUREMENT CONTRACT FOR A PERIOD OF FOUR YEARS FROM THE DATE OF THE 52 SECOND FINAL DETERMINATION. EVERY GOVERNMENTAL ENTITY SHALL ENSURE THAT 53 ITS SOLICITATIONS OF PROPOSALS FOR PROCUREMENT CONTRACTS REQUIRE POTEN- 54 TIAL VENDORS TO DISCLOSE FINDINGS OF NON-RESPONSIBILITY DUE TO 55 VIOLATIONS OF THE PROVISIONS OF THIS SECTION WITHIN THE PREVIOUS FOUR 56 YEARS MADE BY ANY GOVERNMENTAL ENTITY. THE FAILURE OF BUSINESS ENTITIES S. 5962 3 A. 8199 1 TO TIMELY DISCLOSE ACCURATE AND COMPLETE INFORMATION OR OTHERWISE COOP- 2 ERATE WITH THE GOVERNMENTAL ENTITY IN ADMINISTERING THIS PROVISION SHALL 3 BE CONSIDERED BY THE GOVERNMENTAL ENTITY IN ITS DETERMINATION OF RESPON- 4 SIBILITY. UPON A DETERMINATION OF NON-RESPONSIBILITY OR DEBARMENT DUE TO 5 A VIOLATION OF THIS SECTION, THE GOVERNMENTAL ENTITY SHALL NOTIFY THE 6 OFFICE OF GENERAL SERVICES, WHICH SHALL KEEP A LIST OF ALL BUSINESS 7 ENTITIES THAT HAVE BEEN DETERMINED TO BE NONRESPONSIBLE BIDDERS OR 8 DEBARRED DUE TO VIOLATION OF THIS SECTION, AND THE OFFICE OF AUDIT AND 9 CONTROL. THE OFFICE OF GENERAL SERVICES SHALL MAKE SUCH LIST PUBLICLY 10 AVAILABLE AND SHALL PUBLISH SUCH LIST ON ITS WEBSITE. 11 5. EVERY CONTRACT AND BID APPLICATION AND SPECIFICATIONS PROMULGATED 12 IN CONNECTION THEREWITH COVERED BY THIS ARTICLE SHALL CONTAIN A 13 PROVISION DESCRIBING THE REQUIREMENTS OF THIS SECTION AND A STATEMENT 14 THAT COMPLIANCE WITH THIS SECTION SHALL BE A MATERIAL TERM AND CONDITION 15 OF SAID CONTRACT OR BID APPLICATION AND BINDING UPON THE PARTIES THERETO 16 UPON THE ENTRY OF ALL APPLICABLE CONTRACTS. 17 6. THE OFFICE OF THE NEW YORK STATE COMPTROLLER SHALL MAINTAIN A 18 DETAILED LISTING OF ALL CONTRIBUTIONS, ON ITS WEBSITE, MADE BY INTER- 19 ESTED BUSINESS ENTITIES IN THE PROCUREMENT RECORDS OF CONTRACTS INVOLV- 20 ING SUCH BUSINESS ENTITIES. 21 S 2. This act shall take effect on the ninetieth day after it shall 22 have become a law.