S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2199--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 21, 2015
                                      ___________
       Introduced by Sens. CARLUCCI, PANEPINTO -- read twice and ordered print-
         ed,  and when printed to be committed to the Committee on Elections --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee
       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    S  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.
                                                                  LBD03505-02-5
       S. 2199--A                          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    S 2. This act shall take effect January 1, 2017.