S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2199
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 21, 2015
                                      ___________
       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    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.
   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.
                                                                  LBD03505-01-5
       S. 2199                             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  CHAIRMAN  OF  THE
   14  CAMPAIGN  FINANCE  BOARD THAT SUCH DATABASE FULFILLS THE REQUIREMENTS OF
   15  THIS SECTION. EVERY STATE AGENCY OR AUTHORITY OF THE STATE INCLUDING ANY
   16  ENTITY AFFILIATED THERETO SHALL PROVIDE THE COMPTROLLER WITH SUCH INFOR-
   17  MATION AS IS NECESSARY TO CONSTRUCT, MODIFY AND MAINTAIN  SUCH  DATABASE
   18  IN A TIMELY 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    S 2. This act shall take effect January 1, 2017.