NY State Assembly Bill 2015-A9260B

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2016	held for consideration in election law
May 06, 2016	print number 9260b
May 06, 2016	amend and recommit to election law
Feb 18, 2016	print number 9260a
Feb 18, 2016	amend and recommit to election law
Feb 05, 2016	referred to election law

2015-A9260 - Details

Current Committee:: Assembly Election Law
Law Section:: State Finance Law
Laws Affected:: Add §139-l, St Fin L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A9968
2019-2020: A5748
2021-2022: A6685
2023-2024: A7212

2015-A9260 - Summary

Requires the reporting of contributions by business entities and individuals; defines terms; provides that no business entity or individual who contracts with the state for a contract more than fifteen thousand dollars shall make monetary or in-kind contributions or a pledge of contribution in excess of one thousand dollars to an individual who holds the position of an elected state public office, a candidate for such position, including the candidate's election fund, if such contract must be voted on or approved by such individual; or a state, county or municipal political party, in the preceding twelve month period to the contract being awarded

2015-A9260 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9260

                          I N  A S S E M B L Y

                            February 5, 2016
                               ___________

Introduced  by M. of A. GALEF -- read once and referred to the Committee
  on Election Law

AN ACT to amend the state finance law, in relation to the  reporting  of
  contributions by business entities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The state finance law is amended by adding  a  new  section
139-l to read as follows:
  S  139-L. REPORTING OF CONTRIBUTIONS BY BUSINESS ENTITIES.  1. FOR THE
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
MEANINGS:
  A. "BUSINESS ENTITY" MEANS:
  I. A FOR-PROFIT ENTITY AS FOLLOWS:
  A.  IN  THE CASE OF A CORPORATION: THE CORPORATION, ANY OFFICER OF THE
CORPORATION, AND ANY PERSON OR BUSINESS ENTITY THAT OWNS OR CONTROLS TEN
PERCENT OR MORE OF THE STOCK OF THE CORPORATION;
  B. IN THE CASE OF A GENERAL PARTNERSHIP: THE PARTNERSHIP AND ANY PART-
NER;
  C. IN THE CASE OF A LIMITED PARTNERSHIP: THE LIMITED  PARTNERSHIP  AND
ANY PARTNER;
  D.  IN THE CASE OF A PROFESSIONAL CORPORATION: THE PROFESSIONAL CORPO-
RATION AND ANY SHAREHOLDER OR OFFICER;
  E. IN THE CASE OF A LIMITED LIABILITY COMPANY: THE  LIMITED  LIABILITY
COMPANY AND ANY MEMBER;
  F. IN THE CASE OF A LIMITED LIABILITY PARTNERSHIP: THE LIMITED LIABIL-
ITY PARTNERSHIP AND ANY PARTNER;
  G. IN THE CASE OF A SOLE PROPRIETORSHIP: THE PROPRIETOR; AND
  H. IN THE CASE OF ANY OTHER FORM OF ENTITY ORGANIZED UNDER THE LAWS OF
THIS  STATE  OR  ANY OTHER STATE OR FOREIGN JURISDICTION: THE ENTITY AND
ANY PRINCIPAL, OFFICER, OR PARTNER THEREOF;
  II. ANY SUBSIDIARY DIRECTLY OR INDIRECTLY CONTROLLED BY  THE  BUSINESS
ENTITY;
  III.  ANY  POLITICAL  ORGANIZATION  ORGANIZED UNDER SECTION 527 OF THE
INTERNAL REVENUE CODE THAT IS DIRECTLY OR INDIRECTLY CONTROLLED  BY  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD13876-02-6

A. 9260                             2

BUSINESS  ENTITY,  OTHER  THAN  A CANDIDATE COMMITTEE, ELECTION FUND, OR
POLITICAL PARTY COMMITTEE; AND WITH RESPECT  TO  AN  INDIVIDUAL  WHO  IS
INCLUDED  WITHIN  THE  DEFINITION  OF BUSINESS ENTITY, SUCH INDIVIDUAL'S
SPOUSE  OR DOMESTIC PARTNER, AND ANY CHILD RESIDING WITH THE INDIVIDUAL,
PROVIDED, HOWEVER, THAT, THIS SECTION SHALL NOT APPLY TO A  CONTRIBUTION
MADE  BY SUCH SPOUSE, DOMESTIC PARTNER, OR CHILD TO A CANDIDATE FOR WHOM
THE CONTRIBUTOR IS ENTITLED TO VOTE OR TO A  POLITICAL  PARTY  COMMITTEE
WITHIN  WHOSE  JURISDICTION THE CONTRIBUTOR RESIDES UNLESS SUCH CONTRIB-
UTION IS IN VIOLATION OF THIS SECTION.
  B. "CONTRIBUTION" MEANS ANY MONETARY  CONTRIBUTION,  IN-KIND  CONTRIB-
UTION OR GIFT.
  C. "IN-KIND CONTRIBUTIONS" SHALL INCLUDE BUT NOT BE LIMITED TO:
  I. GOODS OR SERVICES OFFERED FREE OF CHARGE;
  II.  GOODS  AND  SERVICES  OFFERED  AT  LESS THAN THE USUAL AND NORMAL
CHARGE; AND
  III. PAYMENTS BY A THIRD PARTY FOR GOODS AND SERVICES  RENDERED  TO  A
CANDIDATE OR POLITICAL COMMITTEE.
  2.  NO  BUSINESS  ENTITY  OR  INDIVIDUAL WHO AGREES TO ANY CONTRACT OR
AGREEMENT WITH THE STATE OR ANY DEPARTMENT  OR  AGENCY  THEREOF  OR  ITS
INDEPENDENT  AUTHORITIES  EITHER  FOR  THE  RENDITION OF SERVICES OR THE
FURNISHING OF ANY MATERIAL, SUPPLIES OR EQUIPMENT OR  FOR  THE  ACQUISI-
TION, SALE, OR LEASE OF ANY LAND OR BUILDING, IF THE VALUE OF THE TRANS-
ACTION  EXCEEDS FIFTEEN THOUSAND DOLLARS, SHALL MAKE MONETARY OR IN-KIND
CONTRIBUTIONS OR A PLEDGE OF CONTRIBUTION  IN  EXCESS  OF  ONE  THOUSAND
DOLLARS  TO  AN  INDIVIDUAL  WHO  HOLDS THE POSITION OF AN ELECTED STATE
PUBLIC OFFICE OR A CANDIDATE FOR SUCH POSITION, INCLUDING THE CANDIDATES
COMMITTEE OR ELECTION FUND,  IF  SUCH  CONTRACT  MUST  BE  VOTED  ON  OR
APPROVED  BY  SUCH INDIVIDUAL; OR A STATE, COUNTY OR MUNICIPAL POLITICAL
PARTY COMMITTEE FOR ANY POLITICAL PURPOSE OR USE:
  A. WITHIN TWELVE MONTHS IMMEDIATELY PRECEDING THE COMMENCEMENT OF  THE
BIDDING AND NEGOTIATIONS PROCESS FOR THE CONTRACT OR AGREEMENT;
  B. DURING THE LENGTH OF THE TERM OF THE CONTRACT OR AGREEMENT; OR
  C.  WITHIN THE TWELVE MONTHS IMMEDIATELY FOLLOWING THE LAST DAY OF THE
TERM OF THE CONTRACT OR AGREEMENT.
  3. THE OFFICE OF THE STATE COMPTROLLER, IN CONSULTATION WITH THE STATE
BOARD OF ELECTIONS, SHALL DEVELOP AND  IMPLEMENT  DISCLOSURE  STATEMENTS
WHICH  SHALL  BE  REVIEWED BY THE COMPTROLLER DURING THE BIDDING PROCESS
AND PRIOR TO THE AWARDING  OF  ANY  CONTRACT  OR  AGREEMENT  TO  PROCURE
SERVICES  OR ANY MATERIAL, SUPPLIES OR EQUIPMENT FROM, OR FOR THE ACQUI-
SITION, SALE, OR LEASE OF ANY LAND OR BUILDING FROM OR TO, ANY  BUSINESS
ENTITY.  THE  STATE SHALL REQUIRE, AS PART OF THE PROCUREMENT PROCESS, A
BUSINESS ENTITY OR INDIVIDUAL TO REPORT THROUGH SUCH  DISCLOSURE  STATE-
MENTS,  UNDER  PENALTY  OF  PERJURY,  ALL  CONTRIBUTIONS MADE DURING THE
PRECEDING FOUR YEARS TO ANY ELECTED STATE PUBLIC OFFICE OR  A  CANDIDATE
FOR  SUCH POSITION, INCLUDING THE CANDIDATE'S COMMITTEE OR ELECTION FUND
OR A STATE, COUNTY OR MUNICIPAL POLITICAL PARTY COMMITTEE FOR ANY  POLI-
TICAL  PURPOSE  OR USE. THE OFFICE OF THE STATE COMPTROLLER SHALL REVIEW
SUCH REPORTS PRIOR TO THE AWARDING  OF  ANY  CONTRACT  OR  AGREEMENT  TO
DETERMINE  WHETHER  SUCH  BUSINESS  ENTITY  OR  INDIVIDUAL  HAS MADE ANY
CONTRIBUTIONS EXCEEDING THE LIMITS SET FORTH IN SUBDIVISION TWO OF  THIS
SECTION.  IF, THROUGH SUCH A REVIEW, THE COMPTROLLER DETERMINES THAT ANY
SUCH CONTRIBUTION, OR ANY OTHER ACT THAT WOULD CONSTITUTE  A  BREACH  OF
CONTRACT  PURSUANT  TO  SUBDIVISION  FOUR  OF  THIS  SECTION, OR POSES A
CONFLICT OF INTEREST IN THE AWARDING OF ANY CONTRACT OR  AGREEMENT,  THE
STATE  COMPTROLLER  SHALL  DISQUALIFY SUCH BUSINESS ENTITY OR INDIVIDUAL
FROM BIDDING ON OR BEING AWARDED SUCH CONTRACT OR AGREEMENT.  THE  BUSI-

A. 9260                             3

NESS  ENTITY OR INDIVIDUAL SHALL HAVE A CONTINUING DUTY TO REPORT TO THE
STATE BOARD OF ELECTIONS AND THE OFFICE OF THE COMPTROLLER ANY  CONTRIB-
UTIONS  THAT CONSTITUTE A VIOLATION OF THIS ACT THAT ARE MADE DURING THE
DURATION OF A CONTRACT.
  4. A. A BREACH OF CONTRACT INCLUDES:
  I. MAKING OR SOLICITING A CONTRIBUTION IN VIOLATION OF THIS SECTION;
  II.  KNOWINGLY  CONCEALING  OR MISREPRESENTING A CONTRIBUTION GIVEN OR
RECEIVED;
  III. MAKING OR SOLICITING CONTRIBUTIONS THROUGH INTERMEDIARIES FOR THE
PURPOSE OF CONCEALING OR MISREPRESENTING THE SOURCE OF THE CONTRIBUTION;
  IV. ENGAGING OR EMPLOYING A LOBBYIST OR A CONSULTANT WITH  THE  INTENT
OF UNDERSTANDING THAT THE PERSON WOULD MAKE OR SOLICIT ANY CONTRIBUTION;
AND
  V.  FUND  CONTRIBUTIONS  MADE BY THIRD PARTIES, INCLUDING CONSULTANTS,
ATTORNEYS, FAMILY MEMBERS, AND EMPLOYEES.
  B. THE COMPTROLLER SHALL NOTIFY THE BUSINESS ENTITY OR  INDIVIDUAL  OF
SUCH  BREACH OF CONTRACT.  SUCH BUSINESS ENTITY OR INDIVIDUAL SHALL HAVE
SIXTY DAYS TO CURE THE DEFECT BY REQUESTING  THAT  THE  EXCESS  CONTRIB-
UTIONS  TO  THE  CANDIDATE  BE RETURNED IMMEDIATELY. PROOF OF RECEIPT OF
SUCH RETURN SHALL BE SUBMITTED TO THE COMMISSIONER AT LEAST  FIVE  BUSI-
NESS DAYS PRIOR TO THE AWARDING OF THE CONTRACT. IN THE EVENT THAT PROOF
OF  RETURN  OF  THE  EXCESS CONTRIBUTION LIMITS ARE NOT SUBMITTED BY THE
BUSINESS ENTITY OR INDIVIDUAL, THE COMPTROLLER SHALL REJECT THE PROPOSAL
OR APPLICATION.
  C. A BUSINESS ENTITY OR INDIVIDUAL DETERMINED BY  THE  COMPTROLLER  TO
HAVE  WILLINGLY AND KNOWINGLY MADE A CONTRIBUTION IN DIRECT VIOLATION OF
THIS SECTION SHALL BE LIABLE FOR A PENALTY OF UP TO  THE  VALUE  OF  ITS
CONTRACT  WITH  THE  STATE  AND  MAY BE BARRED FROM CONTRACTING WITH THE
STATE FOR A PERIOD OF FIVE YEARS.
  D. A BUSINESS ENTITY THAT FILES A FALSE SWORN CONTRIBUTIONS  STATEMENT
SHALL  HAVE ITS CONTRACT WITH THE STATE DECLARED NULL AND VOID AND SHALL
BE DISQUALIFIED FROM BEING AWARDED ANY CONTRACT WITH  THE  STATE  FOR  A
PERIOD  OF  FOUR  YEARS FROM THE DATE OF THE FILING OF SUCH FALSE STATE-
MENT. SUCH MATTER SHALL BE REFERRED TO THE LOCAL DISTRICT  ATTORNEY  FOR
PROSECUTION.
  E. CONTRIBUTIONS MADE BY A BUSINESS ENTITY OR INDIVIDUAL MADE PRIOR TO
THE EFFECTIVE DATE OF THIS SECTION SHALL NOT CONSTITUTE A VIOLATION. THE
DISCLOSURE  REQUIREMENTS SHALL NOT APPLY TO CONTRACTS AWARDED SUBSEQUENT
TO THE EFFECTIVE DATE OF THIS SECTION IF THE REQUEST FOR PROPOSAL  PROC-
ESS WAS INITIATED PRIOR TO SUCH EFFECTIVE DATE.
  F.  THE  OFFICE  OF  GENERAL  SERVICES SHALL, ON A BI-ANNUAL BASIS, IN
JANUARY AND JULY, COMPILE A  LIST  OF  NAMES,  BASED  ON  SUCH  OFFICE'S
RECORDS,  LISTING  ANY BUSINESS ENTITY OR INDIVIDUAL DOING BUSINESS WITH
THE STATE, AS OF THOSE MONTHS. SUCH LIST SHALL BE MADE AVAILABLE ON SUCH
OFFICE'S WEBSITE.
  G. THE CONTRIBUTIONS SET FORTH IN  SUBDIVISION  TWO  OF  THIS  SECTION
SHALL  NOT  APPLY TO CONTRACTS THAT MUST BE AWARDED TO THE LOWEST BIDDER
PURSUANT TO STATE LAW, TO SOLE SOURCE PROVIDERS, OR  TO  SUCH  CONTRACTS
AWARDED AS EMERGENCY CONTRACTS WHEN THE PUBLIC EXIGENCY REQUIRES IMMEDI-
ATE EMERGENCY SERVICES AS DETERMINED BY EXECUTIVE ORDER OR BY LAW.
  S  2. If any section of this act or any part thereof shall be adjudged
by any court of competent jurisdiction  to  be  invalid,  such  judgment
shall  not  affect,  impair  or  invalidate  the  remainder or any other
section or part thereof.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

co-Sponsors

multi-Sponsors

View additional multi-sponsors

2015-A9260A - Details

Current Committee:: Assembly Election Law
Law Section:: State Finance Law
Laws Affected:: Add §139-l, St Fin L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A9968
2019-2020: A5748
2021-2022: A6685
2023-2024: A7212

2015-A9260A - Summary

Requires the reporting of contributions by business entities and individuals; defines terms; provides that no business entity or individual who contracts with the state for a contract more than fifteen thousand dollars shall make monetary or in-kind contributions or a pledge of contribution in excess of one thousand dollars to an individual who holds the position of an elected state public office, a candidate for such position, including the candidate's election fund, if such contract must be voted on or approved by such individual; or a state, county or municipal political party, in the preceding twelve month period to the contract being awarded

2015-A9260A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9260--A

                          I N  A S S E M B L Y

                            February 5, 2016
                               ___________

Introduced  by M. of A. GALEF -- read once and referred to the Committee
  on  Election  Law  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the state finance law, in relation to the reporting of
  contributions by business entities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  state finance law is amended by adding a new section
139-l to read as follows:
  S 139-L. REPORTING OF CONTRIBUTIONS BY BUSINESS ENTITIES.  1. FOR  THE
PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  A. "BUSINESS ENTITY" MEANS:
  I. A FOR-PROFIT ENTITY AS FOLLOWS:
  A. IN THE CASE OF A CORPORATION: THE CORPORATION, ANY OFFICER  OF  THE
CORPORATION, AND ANY PERSON OR BUSINESS ENTITY THAT OWNS OR CONTROLS TEN
PERCENT OR MORE OF THE STOCK OF THE CORPORATION;
  B. IN THE CASE OF A GENERAL PARTNERSHIP: THE PARTNERSHIP AND ANY PART-
NER;
  C.  IN  THE CASE OF A LIMITED PARTNERSHIP: THE LIMITED PARTNERSHIP AND
ANY PARTNER;
  D. IN THE CASE OF A PROFESSIONAL CORPORATION: THE PROFESSIONAL  CORPO-
RATION AND ANY SHAREHOLDER OR OFFICER;
  E.  IN  THE CASE OF A LIMITED LIABILITY COMPANY: THE LIMITED LIABILITY
COMPANY AND ANY MEMBER;
  F. IN THE CASE OF A LIMITED LIABILITY PARTNERSHIP: THE LIMITED LIABIL-
ITY PARTNERSHIP AND ANY PARTNER;
  G. IN THE CASE OF A SOLE PROPRIETORSHIP: THE PROPRIETOR; AND
  H. IN THE CASE OF ANY OTHER FORM OF ENTITY ORGANIZED UNDER THE LAWS OF
THIS STATE OR ANY OTHER STATE OR FOREIGN JURISDICTION:  THE  ENTITY  AND
ANY PRINCIPAL, OFFICER, OR PARTNER THEREOF;
  II.  ANY  SUBSIDIARY DIRECTLY OR INDIRECTLY CONTROLLED BY THE BUSINESS
ENTITY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13876-05-6

A. 9260--A                          2

  III. ANY POLITICAL ORGANIZATION ORGANIZED UNDER  SECTION  527  OF  THE
INTERNAL  REVENUE  CODE THAT IS DIRECTLY OR INDIRECTLY CONTROLLED BY THE
BUSINESS ENTITY, OTHER THAN A CANDIDATE  COMMITTEE,  ELECTION  FUND,  OR
POLITICAL  PARTY  COMMITTEE;  AND  WITH  RESPECT TO AN INDIVIDUAL WHO IS
INCLUDED  WITHIN  THE  DEFINITION  OF BUSINESS ENTITY, SUCH INDIVIDUAL'S
SPOUSE OR DOMESTIC PARTNER, AND ANY CHILD RESIDING WITH THE  INDIVIDUAL,
PROVIDED,  HOWEVER, THAT, THIS SECTION SHALL NOT APPLY TO A CONTRIBUTION
MADE BY SUCH SPOUSE, DOMESTIC PARTNER, OR CHILD TO A CANDIDATE FOR  WHOM
THE  CONTRIBUTOR  IS  ENTITLED TO VOTE OR TO A POLITICAL PARTY COMMITTEE
WITHIN WHOSE JURISDICTION THE CONTRIBUTOR RESIDES UNLESS  SUCH  CONTRIB-
UTION IS IN VIOLATION OF THIS SECTION; OR
  IV.  ANY  NOT-FOR-PROFIT  CORPORATION  ORGANIZED UNDER THE LAWS OF THE
STATE OR ANY OTHER STATE OR FOREIGN JURISDICTION.
  B. "CONTRIBUTION" MEANS ANY MONETARY  CONTRIBUTION,  IN-KIND  CONTRIB-
UTION OR GIFT.
  C. "IN-KIND CONTRIBUTIONS" SHALL INCLUDE BUT NOT BE LIMITED TO:
  I. GOODS OR SERVICES OFFERED FREE OF CHARGE;
  II.  GOODS  AND  SERVICES  OFFERED  AT  LESS THAN THE USUAL AND NORMAL
CHARGE; AND
  III. PAYMENTS BY A THIRD PARTY FOR GOODS AND SERVICES  RENDERED  TO  A
CANDIDATE OR POLITICAL COMMITTEE.
  2.  NO  BUSINESS  ENTITY  OR  INDIVIDUAL WHO AGREES TO ANY CONTRACT OR
AGREEMENT WITH THE STATE OR ANY DEPARTMENT  OR  AGENCY  THEREOF  OR  ITS
INDEPENDENT  AUTHORITIES  EITHER  FOR  THE  RENDITION OF SERVICES OR THE
FURNISHING OF ANY MATERIAL, SUPPLIES OR EQUIPMENT OR  FOR  THE  ACQUISI-
TION, SALE, OR LEASE OF ANY LAND OR BUILDING, IF THE VALUE OF THE TRANS-
ACTION  EXCEEDS FIFTEEN THOUSAND DOLLARS, SHALL MAKE MONETARY OR IN-KIND
CONTRIBUTIONS OR A PLEDGE OF CONTRIBUTION  IN  EXCESS  OF  ONE  THOUSAND
DOLLARS  TO  AN  INDIVIDUAL  WHO  HOLDS THE POSITION OF AN ELECTED STATE
PUBLIC OFFICE OR A CANDIDATE FOR SUCH  POSITION,  INCLUDING  THE  CANDI-
DATE'S  COMMITTEE  OR  ELECTION FUND, IF SUCH CONTRACT MUST BE VOTED ON,
ENDORSED, PROMOTED, OR APPROVED BY SUCH INDIVIDUAL; OR A  STATE,  COUNTY
OR MUNICIPAL POLITICAL PARTY COMMITTEE FOR ANY POLITICAL PURPOSE OR USE:
  A.  WITHIN TWELVE MONTHS IMMEDIATELY PRECEDING THE COMMENCEMENT OF THE
BIDDING AND NEGOTIATIONS PROCESS FOR THE CONTRACT OR AGREEMENT;
  B. DURING THE LENGTH OF THE TERM OF THE CONTRACT OR AGREEMENT; OR
  C. WITHIN THE TWELVE MONTHS IMMEDIATELY FOLLOWING THE LAST DAY OF  THE
TERM OF THE CONTRACT OR AGREEMENT.
  3.  A. THE STATE SHALL REQUIRE A BUSINESS ENTITY OR INDIVIDUAL, DURING
THE PROCUREMENT PROCESS AND PRIOR TO THE AWARDING  OF  ANY  CONTRACT  OR
AGREEMENT  TO  PROCURE  SERVICES  OR ANY MATERIAL, SUPPLIES OR EQUIPMENT
FROM, OR FOR THE ACQUISITION, SALE, OR LEASE OF  ANY  LAND  OR  BUILDING
FROM OR TO ANY BUSINESS ENTITY, TO REPORT THROUGH A DISCLOSURE STATEMENT
LISTING ALL CONTRIBUTIONS MADE DURING THE PRECEDING TWELVE MONTHS TO ANY
ELECTED  STATE PUBLIC OFFICIAL OR A CANDIDATE FOR SUCH POSITION, INCLUD-
ING THE CANDIDATE'S COMMITTEE OR ELECTION FUND OR  A  STATE,  COUNTY  OR
MUNICIPAL  POLITICAL  PARTY  COMMITTEE FOR ANY POLITICAL PURPOSE OR USE.
THE BUSINESS ENTITY OR INDIVIDUAL SHALL ALSO PROVIDE A WRITTEN AFFIDAVIT
THAT IT HAS NOT MADE A CONTRIBUTION  THAT  WOULD  BAR  THE  AWARD  OF  A
CONTRACT PURSUANT TO THIS SECTION.
  B.  THE  STATE  GOVERNMENT  AGENCY CONDUCTING THE PROCUREMENT CONTRACT
SHALL REVIEW SUCH REPORTS PRIOR TO  THE  AWARDING  OF  ANY  CONTRACT  OR
AGREEMENT  TO  DETERMINE  WHETHER SUCH BUSINESS ENTITY OR INDIVIDUAL HAS
MADE ANY CONTRIBUTIONS EXCEEDING THE LIMITS SET FORTH IN SUBDIVISION TWO
OF THIS SECTION. IF, THROUGH SUCH A REVIEW, IT IS  DETERMINED  THAT  ANY
SUCH  CONTRIBUTION,  OR  ANY OTHER ACT THAT WOULD CONSTITUTE A BREACH OF

A. 9260--A                          3

CONTRACT PURSUANT TO SUBDIVISION  FOUR  OF  THIS  SECTION,  OR  POSES  A
CONFLICT  OF  INTEREST IN THE AWARDING OF ANY CONTRACT OR AGREEMENT, THE
BUSINESS ENTITY OR INDIVIDUAL SHALL BE DISQUALIFIED FROM BIDDING  ON  OR
BEING  AWARDED  SUCH CONTRACT OR AGREEMENT. THE BUSINESS ENTITY OR INDI-
VIDUAL SHALL HAVE A CONTINUING DUTY TO REPORT TO THE STATE  ENTITY  THAT
OVERSEES  THE  PROCUREMENT  CONTRACT ANY CONTRIBUTIONS THAT CONSTITUTE A
VIOLATION OF THIS SECTION  THAT  ARE  MADE  DURING  THE  DURATION  OF  A
CONTRACT.
  4. A. A BREACH OF CONTRACT INCLUDES:
  I. MAKING OR SOLICITING A CONTRIBUTION IN VIOLATION OF THIS SECTION;
  II.  KNOWINGLY  CONCEALING  OR MISREPRESENTING A CONTRIBUTION GIVEN OR
RECEIVED;
  III. MAKING OR SOLICITING CONTRIBUTIONS THROUGH INTERMEDIARIES FOR THE
PURPOSE OF CONCEALING OR MISREPRESENTING THE SOURCE OF THE CONTRIBUTION;
  IV. ENGAGING OR EMPLOYING A LOBBYIST OR A CONSULTANT WITH  THE  INTENT
OF UNDERSTANDING THAT THE PERSON WOULD MAKE OR SOLICIT ANY CONTRIBUTION;
AND
  V.  FUND  CONTRIBUTIONS  MADE BY THIRD PARTIES, INCLUDING CONSULTANTS,
ATTORNEYS, FAMILY MEMBERS, AND EMPLOYEES.
  B. THE STATE AGENCY CONDUCTING THE PROCUREMENT CONTRACT  SHALL  NOTIFY
THE  BUSINESS  ENTITY  OR  INDIVIDUAL  OF SUCH BREACH OF CONTRACT.  SUCH
BUSINESS ENTITY OR INDIVIDUAL SHALL HAVE SIXTY DAYS TO CURE  THE  DEFECT
BY REQUESTING THAT THE EXCESS CONTRIBUTIONS TO THE CANDIDATE BE RETURNED
IMMEDIATELY.  PROOF  OF RECEIPT OF SUCH RETURN SHALL BE SUBMITTED TO THE
COMMISSIONER AT LEAST FIVE BUSINESS DAYS PRIOR TO THE  AWARDING  OF  THE
CONTRACT.  IN  THE EVENT THAT PROOF OF RETURN OF THE EXCESS CONTRIBUTION
LIMITS ARE NOT SUBMITTED BY THE BUSINESS ENTITY OR INDIVIDUAL, THE STATE
AGENCY SHALL REJECT THE PROPOSAL OR APPLICATION.
  C. A BUSINESS ENTITY OR INDIVIDUAL DETERMINED TO  HAVE  WILLINGLY  AND
KNOWINGLY  MADE A CONTRIBUTION IN DIRECT VIOLATION OF THIS SECTION SHALL
BE LIABLE FOR A PENALTY OF UP TO THE VALUE  OF  ITS  CONTRACT  WITH  THE
STATE  AND MAY BE BARRED FROM CONTRACTING WITH THE STATE FOR A PERIOD OF
FIVE YEARS.
  D. A BUSINESS ENTITY THAT FILES A FALSE SWORN CONTRIBUTIONS  STATEMENT
SHALL  HAVE ITS CONTRACT WITH THE STATE DECLARED NULL AND VOID AND SHALL
BE DISQUALIFIED FROM BEING AWARDED ANY CONTRACT WITH  THE  STATE  FOR  A
PERIOD  OF  FOUR  YEARS FROM THE DATE OF THE FILING OF SUCH FALSE STATE-
MENT. SUCH MATTER SHALL BE REFERRED TO THE LOCAL DISTRICT  ATTORNEY  FOR
PROSECUTION.
  E. CONTRIBUTIONS MADE BY A BUSINESS ENTITY OR INDIVIDUAL MADE PRIOR TO
THE EFFECTIVE DATE OF THIS SECTION SHALL NOT CONSTITUTE A VIOLATION. THE
DISCLOSURE  REQUIREMENTS SHALL NOT APPLY TO CONTRACTS AWARDED SUBSEQUENT
TO THE EFFECTIVE DATE OF THIS SECTION IF THE REQUEST FOR PROPOSAL  PROC-
ESS WAS INITIATED PRIOR TO SUCH EFFECTIVE DATE.
  F.  THE  OFFICE  OF  GENERAL  SERVICES SHALL, ON A BI-ANNUAL BASIS, IN
JANUARY AND JULY, COMPILE A  LIST  OF  NAMES,  BASED  ON  SUCH  OFFICE'S
RECORDS,  LISTING  ANY BUSINESS ENTITY OR INDIVIDUAL DOING BUSINESS WITH
THE STATE, AS OF THOSE MONTHS. SUCH LIST SHALL BE MADE AVAILABLE ON SUCH
OFFICE'S WEBSITE.
  G. THE CONTRIBUTIONS SET FORTH IN  SUBDIVISION  TWO  OF  THIS  SECTION
SHALL  NOT  APPLY TO CONTRACTS THAT MUST BE AWARDED TO THE LOWEST BIDDER
PURSUANT TO STATE LAW, TO SOLE SOURCE PROVIDERS, OR  TO  SUCH  CONTRACTS
AWARDED AS EMERGENCY CONTRACTS WHEN THE PUBLIC EXIGENCY REQUIRES IMMEDI-
ATE EMERGENCY SERVICES AS DETERMINED BY EXECUTIVE ORDER OR BY LAW.
  S  2. If any section of this act or any part thereof shall be adjudged
by any court of competent jurisdiction  to  be  invalid,  such  judgment

A. 9260--A                          4

shall  not  affect,  impair  or  invalidate  the  remainder or any other
section or part thereof.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2015-A9260B (ACTIVE) - Details

Current Committee:: Assembly Election Law
Law Section:: State Finance Law
Laws Affected:: Add §139-l, St Fin L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A9968
2019-2020: A5748
2021-2022: A6685
2023-2024: A7212

2015-A9260B (ACTIVE) - Summary

Requires the reporting of contributions by business entities and individuals; defines terms; provides that no business entity or individual who contracts with the state for a contract more than fifteen thousand dollars shall make monetary or in-kind contributions or a pledge of contribution in excess of one thousand dollars to an individual who holds the position of an elected state public office, a candidate for such position, including the candidate's election fund, if such contract must be voted on or approved by such individual; or a state, county or municipal political party, in the preceding twelve month period to the contract being awarded

2015-A9260B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9260--B

                          I N  A S S E M B L Y

                            February 5, 2016
                               ___________

Introduced  by  M.  of  A.  GALEF, McDONALD, WOERNER, MOSLEY, TEDISCO --
  Multi-Sponsored by -- M. of A. BUCHWALD, CROUCH,  ENGLEBRIGHT,  MAGEE,
  McLAUGHLIN,  THIELE  --  read  once  and  referred to the Committee on
  Election Law -- committee discharged, bill amended, ordered  reprinted
  as  amended  and  recommitted to said committee -- again reported from
  said committee with  amendments,  ordered  reprinted  as  amended  and
  recommitted to said committee

AN  ACT  to amend the state finance law, in relation to the reporting of
  contributions by business entities and individuals

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  state finance law is amended by adding a new section
139-l to read as follows:
  S 139-L. REPORTING OF CONTRIBUTIONS BY BUSINESS ENTITIES AND  INDIVID-
UALS.  1.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  A. "BUSINESS ENTITY" MEANS:
  I. A FOR-PROFIT ENTITY AS FOLLOWS:
  A. IN THE CASE OF A CORPORATION: THE CORPORATION, ANY OFFICER  OF  THE
CORPORATION, AND ANY PERSON OR BUSINESS ENTITY THAT OWNS OR CONTROLS TEN
PERCENT OR MORE OF THE STOCK OF THE CORPORATION;
  B. IN THE CASE OF A GENERAL PARTNERSHIP: THE PARTNERSHIP AND ANY PART-
NER;
  C.  IN  THE CASE OF A LIMITED PARTNERSHIP: THE LIMITED PARTNERSHIP AND
ANY PARTNER;
  D. IN THE CASE OF A PROFESSIONAL CORPORATION: THE PROFESSIONAL  CORPO-
RATION AND ANY SHAREHOLDER OR OFFICER;
  E.  IN  THE CASE OF A LIMITED LIABILITY COMPANY: THE LIMITED LIABILITY
COMPANY AND ANY MEMBER;
  F. IN THE CASE OF A LIMITED LIABILITY PARTNERSHIP: THE LIMITED LIABIL-
ITY PARTNERSHIP AND ANY PARTNER;
  G. IN THE CASE OF A SOLE PROPRIETORSHIP: THE PROPRIETOR; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13876-06-6

A. 9260--B                          2

  H. IN THE CASE OF ANY OTHER FORM OF ENTITY ORGANIZED UNDER THE LAWS OF
THIS STATE OR ANY OTHER STATE OR FOREIGN JURISDICTION:  THE  ENTITY  AND
ANY PRINCIPAL, OFFICER, OR PARTNER THEREOF;
  II.  ANY  SUBSIDIARY DIRECTLY OR INDIRECTLY CONTROLLED BY THE BUSINESS
ENTITY;
  III. ANY POLITICAL ORGANIZATION ORGANIZED UNDER  SECTION  527  OF  THE
INTERNAL  REVENUE  CODE THAT IS DIRECTLY OR INDIRECTLY CONTROLLED BY THE
BUSINESS ENTITY, OTHER THAN A CANDIDATE  COMMITTEE,  ELECTION  FUND,  OR
POLITICAL  PARTY  COMMITTEE;  AND  WITH  RESPECT TO AN INDIVIDUAL WHO IS
INCLUDED WITHIN THE DEFINITION OF  BUSINESS  ENTITY,  SUCH  INDIVIDUAL'S
SPOUSE  OR DOMESTIC PARTNER, AND ANY CHILD RESIDING WITH THE INDIVIDUAL,
PROVIDED, HOWEVER, THAT, THIS SECTION SHALL NOT APPLY TO A  CONTRIBUTION
MADE  BY SUCH SPOUSE, DOMESTIC PARTNER, OR CHILD TO A CANDIDATE FOR WHOM
THE CONTRIBUTOR IS ENTITLED TO VOTE OR TO A  POLITICAL  PARTY  COMMITTEE
WITHIN  WHOSE  JURISDICTION THE CONTRIBUTOR RESIDES UNLESS SUCH CONTRIB-
UTION IS IN VIOLATION OF THIS SECTION; OR
  IV. ANY NOT-FOR-PROFIT ORGANIZATION PURSUANT TO  SECTION  ONE  HUNDRED
SEVENTY-NINE-Q OF THIS CHAPTER, OR ORGANIZED UNDER THE LAWS OF THE STATE
OR ANY OTHER STATE OR FOREIGN JURISDICTION.
  B.  "CONTRIBUTION"  MEANS  ANY MONETARY CONTRIBUTION, IN-KIND CONTRIB-
UTION OR GIFT.
  C. "IN-KIND CONTRIBUTIONS" SHALL INCLUDE BUT NOT BE LIMITED TO:
  I. GOODS OR SERVICES OFFERED FREE OF CHARGE;
  II. GOODS AND SERVICES OFFERED AT  LESS  THAN  THE  USUAL  AND  NORMAL
CHARGE; AND
  III.  PAYMENTS  BY  A THIRD PARTY FOR GOODS AND SERVICES RENDERED TO A
CANDIDATE OR POLITICAL COMMITTEE.
  D. "GOVERNMENTAL ENTITY" SHALL MEAN:
  I. ANY DEPARTMENT, BOARD, BUREAU, COMMISSION, DIVISION, OFFICE,  COUN-
CIL, COMMITTEE OR OFFICER OF THE STATE, WHETHER PERMANENT OR TEMPORARY;
  II. EACH HOUSE OF THE STATE LEGISLATURE;
  III. THE UNIFIED COURT SYSTEM;
  IV.  ANY  PUBLIC  AUTHORITY,  PUBLIC BENEFIT CORPORATION OR COMMISSION
CREATED BY OR EXISTING PURSUANT TO THE PUBLIC AUTHORITIES LAW;
  V. A PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION, AT LEAST  ONE  OF
WHOSE  MEMBERS IS APPOINTED BY THE GOVERNOR OR WHO SERVES AS A MEMBER BY
VIRTUE OF HOLDING A CIVIL OFFICE OF THE STATE;
  VI. MUNICIPAL AGENCY, AS THAT TERM IS DEFINED  IN  PARAGRAPH  (II)  OF
SUBDIVISION (S) OF SECTION ONE-C OF THE LEGISLATIVE LAW; OR
  VII. A SUBSIDIARY OR AFFILIATE OF SUCH A PUBLIC AUTHORITY.
  E. "ARTICLE OF PROCUREMENT" SHALL MEAN A COMMODITY, SERVICE, TECHNOLO-
GY,  PUBLIC  WORK, CONSTRUCTION, REVENUE CONTRACT, THE PURCHASE, SALE OR
LEASE OF REAL PROPERTY OR AN ACQUISITION OR GRANTING OF  OTHER  INTEREST
IN REAL PROPERTY, THAT IS THE SUBJECT OF A GOVERNMENTAL PROCUREMENT.
  F. "GOVERNMENTAL PROCUREMENT" SHALL MEAN:
  I.  THE PUBLIC ANNOUNCEMENT, PUBLIC NOTICE, OR PUBLIC COMMUNICATION TO
ANY POTENTIAL VENDOR OF A DETERMINATION OF A  NEED  FOR  A  PROCUREMENT,
WHICH  SHALL  INCLUDE, BUT NOT BE LIMITED TO, THE PUBLIC NOTIFICATION OF
THE SPECIFICATIONS, BID DOCUMENTS, REQUEST FOR PROPOSALS, OR  EVALUATION
CRITERIA FOR A PROCUREMENT CONTRACT;
  II. SOLICITATION FOR A PROCUREMENT CONTRACT;
  III. EVALUATION OF A PROCUREMENT CONTRACT;
  IV.  AWARD, APPROVAL, DENIAL OR DISAPPROVAL OF A PROCUREMENT CONTRACT;
OR
  V. APPROVAL OR DENIAL OF AN ASSIGNMENT, AMENDMENT (OTHER  THAN  AMEND-
MENTS THAT ARE AUTHORIZED AND PAYABLE UNDER THE TERMS OF THE PROCUREMENT

A. 9260--B                          3

CONTRACT  AS  IT  WAS FINALLY AWARDED OR APPROVED BY THE COMPTROLLER, AS
APPLICABLE), RENEWAL OR EXTENSION OF  A  PROCUREMENT  CONTRACT,  OR  ANY
OTHER  MATERIAL CHANGE IN THE PROCUREMENT CONTRACT RESULTING IN A FINAN-
CIAL BENEFIT TO THE OFFERER.
  G.  "PROCUREMENT CONTRACT" SHALL MEAN ANY CONTRACT OR OTHER AGREEMENT,
INCLUDING AN AMENDMENT, EXTENSION, RENEWAL OR CHANGE ORDER TO AN  EXIST-
ING  CONTRACT  (OTHER  THAN  AMENDMENTS, EXTENSIONS, RENEWALS, OR CHANGE
ORDERS THAT ARE AUTHORIZED AND PAYABLE UNDER THE TERMS OF  THE  CONTRACT
AS  IT  WAS  FINALLY AWARDED OR APPROVED BY THE COMPTROLLER, AS APPLICA-
BLE), FOR AN ARTICLE OF PROCUREMENT INVOLVING  AN  ESTIMATED  ANNUALIZED
EXPENDITURE  IN  EXCESS  OF  FIFTEEN  THOUSAND  DOLLARS. GRANTS, ARTICLE
ELEVEN-B  STATE  FINANCE  LAW  CONTRACTS,  PROGRAM   CONTRACTS   BETWEEN
NOT-FOR-PROFIT  ORGANIZATIONS,  AS  DEFINED  IN ARTICLE ELEVEN-B OF THIS
CHAPTER, AND THE UNIFIED  COURT  SYSTEM,  INTERGOVERNMENTAL  AGREEMENTS,
RAILROAD  AND  UTILITY FORCE ACCOUNTS, UTILITY RELOCATION PROJECT AGREE-
MENTS OR ORDERS, CONTRACTS GOVERNING ORGAN TRANSPLANTS, CONTRACTS ALLOW-
ING FOR STATE PARTICIPATION IN TRADE SHOWS, AND  EMINENT  DOMAIN  TRANS-
ACTIONS SHALL NOT BE DEEMED PROCUREMENT CONTRACTS.
  H. "BUSINESS DEALINGS WITH THE STATE" SHALL MEAN:
  I.  ANY  PROCUREMENT  CONTRACT  FOR  ARTICLES  OF  PROCUREMENT THAT IS
ENTERED INTO OR IN EFFECT WITH THE STATE, OTHER THAN A CONTRACT PROCURED
THROUGH COMPETITIVE SEALED BIDDING, OR SOLE AND  SINGLE  SOURCE,  OR  AN
EMERGENCY  CONTRACT  AWARDED  FOR  SERVICES  AND COMMODITIES PURSUANT TO
SECTION ONE HUNDRED SIXTY-THREE OF THIS CHAPTER;
  II. ANY ACQUISITION OR DISPOSITION OF REAL PROPERTY WITH THE STATE  OR
GOVERNMENTAL ENTITY;
  III. ONE OR MORE CONCESSIONS (OTHER THAN CONCESSIONS AWARDED THROUGH A
COMPETITIVE  SEALED  BID)  OR  FRANCHISES FROM THE STATE OR GOVERNMENTAL
ENTITY;
  IV. ANY CONTRACT FOR THE INVESTMENT OF STATE PENSION FUNDS,  INCLUDING
INVESTMENTS  IN  A  PRIVATE  EQUITY  FIRM  AND CONTRACTS WITH INVESTMENT
RELATED CONSULTANTS.
  I. THE TERM "STATEWIDE ELECTED  OFFICIAL"  SHALL  MEAN  THE  GOVERNOR,
LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL.
  2.  NO BUSINESS ENTITY OR INDIVIDUAL WHO ENGAGES IN ANY BUSINESS DEAL-
INGS WITH THE STATE  OR  ANY  GOVERNMENTAL  ENTITY  OR  ITS  INDEPENDENT
AUTHORITIES  IF  THE  VALUE  OF THE TRANSACTION EXCEEDS FIFTEEN THOUSAND
DOLLARS, SHALL MAKE OR HAVE MADE MONETARY OR IN-KIND CONTRIBUTIONS OR  A
PLEDGE  OF CONTRIBUTION IN EXCESS OF ONE THOUSAND DOLLARS TO AN INDIVID-
UAL WHO HOLDS THE POSITION OF A STATEWIDE ELECTED OFFICIAL, A MEMBER  OF
THE  LEGISLATURE  OR A CANDIDATE FOR SUCH POSITION, INCLUDING THE CANDI-
DATE'S COMMITTEE OR ELECTION FUND, IF SUCH CONTRACT MUST  BE  VOTED  ON,
ENDORSED,  PROMOTED,  OR  APPROVED  BY SUCH INDIVIDUAL OR OFFICE RELATED
THERETO; OR A STATE, COUNTY OR MUNICIPAL POLITICAL PARTY  COMMITTEE  FOR
ANY POLITICAL PURPOSE OR USE:
  A.  WITHIN TWELVE MONTHS IMMEDIATELY PRECEDING THE COMMENCEMENT OF THE
BIDDING AND NEGOTIATIONS TO ENGAGE IN BUSINESS DEALINGS WITH  THE  STATE
OR THE COMMENCEMENT OF THE GOVERNMENTAL PROCUREMENT PROCESS;
  B. DURING THE LENGTH OF THE TERM OF THE CONTRACT OR AGREEMENT IN BUSI-
NESS DEALINGS WITH THE STATE; OR
  C.  WITHIN THE TWELVE MONTHS IMMEDIATELY FOLLOWING THE LAST DAY OF THE
TERM OF THE CONTRACT OR AGREEMENT.
  3. A. THE STATE SHALL REQUIRE A BUSINESS ENTITY OR INDIVIDUAL,  DURING
THE  GOVERNMENTAL  PROCUREMENT  PROCESS AND PRIOR TO THE AWARDING OF ANY
CONTRACT OR AGREEMENT IN BUSINESS DEALINGS WITH  THE  STATE,  TO  REPORT
THROUGH A DISCLOSURE STATEMENT LISTING ALL CONTRIBUTIONS MADE DURING THE

A. 9260--B                          4

PRECEDING TWELVE MONTHS TO ANY STATEWIDE ELECTED OFFICIAL, ANY MEMBER OF
THE  LEGISLATURE  OR A CANDIDATE FOR SUCH POSITION, INCLUDING THE CANDI-
DATE'S COMMITTEE OR ELECTION FUND OR A STATE, COUNTY OR MUNICIPAL  POLI-
TICAL  PARTY  COMMITTEE  FOR ANY POLITICAL PURPOSE OR USE.  THE BUSINESS
ENTITY OR INDIVIDUAL SHALL ALSO PROVIDE A WRITTEN AFFIDAVIT THAT IT  HAS
NOT  MADE A CONTRIBUTION THAT WOULD BAR THE AWARD OF A CONTRACT PURSUANT
TO THIS SECTION.
  B. THE GOVERNMENTAL ENTITY  CONDUCTING  THE  GOVERNMENTAL  PROCUREMENT
SHALL  REVIEW  SUCH  REPORTS  PRIOR  TO  THE AWARDING OF ANY CONTRACT OR
AGREEMENT TO ENGAGE IN BUSINESS DEALINGS WITH  THE  STATE  TO  DETERMINE
WHETHER  SUCH  BUSINESS  ENTITY OR INDIVIDUAL HAS MADE ANY CONTRIBUTIONS
EXCEEDING THE LIMITS SET FORTH IN SUBDIVISION TWO OF THIS  SECTION.  IF,
THROUGH  SUCH  A REVIEW, IT IS DETERMINED THAT ANY SUCH CONTRIBUTION, OR
ANY OTHER ACT THAT WOULD CONSTITUTE A BREACH  OF  CONTRACT  PURSUANT  TO
SUBDIVISION FOUR OF THIS SECTION, OR POSES A CONFLICT OF INTEREST IN THE
AWARDING OF ANY CONTRACT OR AGREEMENT, THE BUSINESS ENTITY OR INDIVIDUAL
SHALL  BE DISQUALIFIED FROM BIDDING ON OR BEING AWARDED SUCH CONTRACT OR
AGREEMENT TO ENGAGE IN BUSINESS DEALINGS WITH THE  STATE.  THE  BUSINESS
ENTITY  OR  INDIVIDUAL  SHALL  HAVE  A  CONTINUING DUTY TO REPORT TO THE
GOVERNMENTAL ENTITY  THAT  OVERSEES  THE  GOVERNMENTAL  PROCUREMENT  ANY
CONTRIBUTIONS  THAT CONSTITUTE A VIOLATION OF THIS SECTION THAT ARE MADE
DURING THE DURATION OF THE TERM OF BUSINESS DEALINGS WITH THE STATE.
  4. A. A BREACH OF CONTRACT INCLUDES:
  I. MAKING OR SOLICITING A CONTRIBUTION IN VIOLATION OF THIS SECTION;
  II. KNOWINGLY CONCEALING OR MISREPRESENTING A  CONTRIBUTION  GIVEN  OR
RECEIVED;
  III. MAKING OR SOLICITING CONTRIBUTIONS THROUGH INTERMEDIARIES FOR THE
PURPOSE OF CONCEALING OR MISREPRESENTING THE SOURCE OF THE CONTRIBUTION;
  IV.  ENGAGING  OR EMPLOYING A LOBBYIST OR A CONSULTANT WITH THE INTENT
OF UNDERSTANDING THAT THE PERSON WOULD MAKE OR SOLICIT ANY CONTRIBUTION;
AND
  V. FUND CONTRIBUTIONS MADE BY THIRD  PARTIES,  INCLUDING  CONSULTANTS,
ATTORNEYS, FAMILY MEMBERS, AND EMPLOYEES.
  B.  THE GOVERNMENTAL ENTITY CONDUCTING THE GOVERNMENTAL PROCUREMENT OR
OVERSEEING THE BUSINESS ENTITY OR INDIVIDUAL'S  BUSINESS  DEALINGS  WITH
THE  STATE SHALL NOTIFY THE BUSINESS ENTITY OR INDIVIDUAL OF SUCH BREACH
OF CONTRACT.  SUCH BUSINESS ENTITY OR INDIVIDUAL SHALL HAVE  SIXTY  DAYS
TO  CURE  THE  DEFECT BY REQUESTING THAT THE EXCESS CONTRIBUTIONS TO THE
STATEWIDE ELECTED OFFICIAL, MEMBER OF THE LEGISLATURE  OR  CANDIDATE  BE
RETURNED IMMEDIATELY. PROOF OF RECEIPT OF SUCH RETURN SHALL BE SUBMITTED
TO THE COMMISSIONER AT LEAST FIVE BUSINESS DAYS PRIOR TO THE AWARDING OF
THE  CONTRACT.  IN THE EVENT THAT PROOF OF RETURN OF THE EXCESS CONTRIB-
UTION LIMITS ARE NOT SUBMITTED BY THE BUSINESS ENTITY OR INDIVIDUAL, THE
STATE AGENCY SHALL REJECT THE PROPOSAL OR APPLICATION.
  C. A BUSINESS ENTITY OR INDIVIDUAL DETERMINED TO  HAVE  WILLINGLY  AND
KNOWINGLY  MADE A CONTRIBUTION IN DIRECT VIOLATION OF THIS SECTION SHALL
BE LIABLE FOR A PENALTY OF UP TO THE VALUE  OF  ITS  CONTRACT  WITH  THE
GOVERNMENTAL  ENTITY AND MAY BE BARRED FROM CONTRACTING WITH ANY GOVERN-
MENTAL ENTITY FOR A PERIOD OF FIVE YEARS.
  D. A BUSINESS ENTITY OR INDIVIDUAL THAT FILES A FALSE  SWORN  CONTRIB-
UTIONS  STATEMENT  SHALL  HAVE ITS CONTRACT WITH THE GOVERNMENTAL ENTITY
DECLARED NULL AND VOID AND SHALL BE DISQUALIFIED FROM BEING AWARDED  ANY
CONTRACT  WITH  ANY  GOVERNMENTAL ENTITY FOR A PERIOD OF FOUR YEARS FROM
THE DATE OF THE FILING OF SUCH FALSE STATEMENT.  SUCH  MATTER  SHALL  BE
REFERRED TO THE LOCAL DISTRICT ATTORNEY FOR PROSECUTION.

A. 9260--B                          5

  E. CONTRIBUTIONS MADE BY A BUSINESS ENTITY OR INDIVIDUAL MADE PRIOR TO
THE EFFECTIVE DATE OF THIS SECTION SHALL NOT CONSTITUTE A VIOLATION. THE
DISCLOSURE REQUIREMENTS SHALL NOT APPLY TO CONTRACTS RELATED TO BUSINESS
DEALINGS WITH THE STATE AWARDED SUBSEQUENT TO THE EFFECTIVE DATE OF THIS
SECTION  IF THE REQUEST FOR PROPOSAL PROCESS WAS INITIATED PRIOR TO SUCH
EFFECTIVE DATE.
  F. THE OFFICE OF GENERAL SERVICES SHALL,  ON  A  BI-ANNUAL  BASIS,  IN
JANUARY  AND  JULY,  COMPILE  A  LIST  OF  NAMES, BASED ON SUCH OFFICE'S
RECORDS, LISTING ANY BUSINESS ENTITY OR INDIVIDUAL ENGAGED  IN  BUSINESS
DEALINGS  WITH  THE  STATE,  AS OF THOSE MONTHS. SUCH LIST SHALL BE MADE
AVAILABLE ON SUCH OFFICE'S WEBSITE.
  S 2. If any section of this act or any part thereof shall be  adjudged
by  any  court  of  competent  jurisdiction to be invalid, such judgment
shall not affect, impair  or  invalidate  the  remainder  or  any  other
section or part thereof.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

Assembly Bill A9260B

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Archive: Last Bill Status - In Assembly Committee

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co-Sponsors

multi-Sponsors

2015-A9260A - Details

2015-A9260A - Summary

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2015-A9260B (ACTIVE) - Details

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Assembly Bill A9260B

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Sponsored By

GALEF

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2015-A9260 - Details

2015-A9260 - Summary

2015-A9260 - Bill Text download pdf

co-Sponsors

John T. McDonald III

Carrie Woerner

Walter T. Mosley

James Tedisco

multi-Sponsors

David Buchwald

Clifford Crouch

Steven Englebright

William Magee

2015-A9260A - Details

2015-A9260A - Summary

2015-A9260A - Bill Text download pdf

co-Sponsors

John T. McDonald III

Carrie Woerner

Walter T. Mosley

James Tedisco

multi-Sponsors

David Buchwald

Clifford Crouch

Steven Englebright

William Magee

2015-A9260B (ACTIVE) - Details

2015-A9260B (ACTIVE) - Summary

2015-A9260B (ACTIVE) - Bill Text download pdf

Comments