NY State Senate Bill 2015-S2199B

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 19, 2016	print number 2199b
Jan 19, 2016	amend and recommit to elections
Jan 06, 2016	referred to elections
Feb 09, 2015	print number 2199a
Feb 09, 2015	amend and recommit to elections
Jan 21, 2015	referred to elections

Bill Amendments

Original

B (Active)

co-Sponsors

2015-S2199 - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §14-125, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1163
2019-2020: S507
2021-2022: S4135
2023-2024: S986

2015-S2199 - Summary

Establishes the New York state business contract database.

2015-S2199 - Sponsor Memo

                                BILL NUMBER:S2199

TITLE OF BILL:  An act to amend the election law, in relation to
establishing the New York state business contract database

PURPOSE:

To establish a statewide "pay to play" database of those entities who
have a business relationship with the state, and to limit political
contributions from those entities.

SUMMARY OF PROVISIONS:

Section 1. Adds a new section 14-125 to the election law to establish
the New York state business contract database. Subdivision 1 of this
new section provides definitions, and also provides that any database
currently maintained by the comptroller may serve as the New York
state business contract database, provided it fulfills the
requirements of this section.

Subdivision 2 of this new section restricts political contributions to
candidates and political committees of such candidates for any
election for a public office or for nomination to any such office to
four hundred dollars in the aggregate from any person or entity who
has a business relationship with the state. This subdivision also
governs the handling of violations and the disposition of monies

involved, and lastly provides the board of elections, in conjunction
with the state comptroller, authorization to promulgate rules and
regulations.

Section 2. Effective date.

JUSTIFICATION:

The actuality, or even appearance, of large campaign contributions
from entities doing business with the state governing the direction of
public policy is a disservice to the people of New York. The voice of
the citizens can be drowned out by the influence of large contributors
who have a vested interest in maintaining the status quo for their own
benefit. In addition, New York's business men and women deserve a
level playing field when it comes to procuring state contracts and
business, without the influence of political contributions tainting
the process. By creating a centralized database of those individuals
and entities who have business with the state and limiting the
political contributions from those entities, we can ensure that the
citizens of New York have an equal voice in their government and that
any qualified New York business has an equal chance of securing state
contracts.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to state.


EFFECTIVE DATE:

This act shall take effect January 1, 2017.

2015-S2199 - Bill Text download pdf

                            
                    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:

  Section 1.  The election law is amended by adding a new section 14-125
to read as follows:
  S 14-125. NEW YORK STATE BUSINESS CONTRACT DATABASE. 1. A. AS USED  IN
THIS SECTION:
  (I)  THE  TERM  "BUSINESS RELATIONSHIPS WITH THE STATE" SHALL MEAN ANY
CONTRACT FOR THE PROCUREMENT OF GOODS, SERVICES OR CONSTRUCTION THAT  IS
ENTERED  INTO  OR  IN EFFECT WITH THE STATE OF NEW YORK OR ANY AGENCY OR
ENTITY AFFILIATED THERETO NOT AWARDED THROUGH A COMPETITIVE BID  PROCESS
PURSUANT  TO ARTICLES NINE AND ELEVEN OF THE STATE FINANCE LAW. BUSINESS
RELATIONSHIPS WITH THE  STATE  SHALL  NOT  MEAN  ANY  PERSON  OR  ENTITY
REJECTED  FROM  PARTICIPATION IN SUCH A CONTRACT OR ANY PERSON OR ENTITY
NOT PARTICIPATING IN SUCH A CONTRACT WITHIN TWENTY-FOUR  MONTHS  OF  ANY
ELECTION.
  (II) THE TERM "NEW YORK STATE BUSINESS CONTRACT DATABASE" SHALL MEAN A
DATABASE  CREATED,  OPERATED,  MAINTAINED AND UPDATED BY THE STATE COMP-
TROLLER ACCESSIBLE TO THE PUBLIC WHICH CONTAINS THE NAMES OF PERSONS WHO
HAVE BUSINESS RELATIONSHIPS WITH  THE  STATE.  SUCH  DATABASE  SHALL  BE
CREATED,  OPERATED, MAINTAINED AND UPDATED BY THE STATE COMPTROLLER IN A
MANNER SO  AS  TO  ENSURE  ITS  REASONABLE  ACCURACY  AND  COMPLETENESS;
PROVIDED,  HOWEVER, THAT IN NO EVENT SHALL SUCH DATABASE BE UPDATED LESS
FREQUENTLY THAN ONCE A MONTH IN ANY GENERAL ELECTION YEAR. SUCH DATABASE
SHALL ENABLE MEMBERS OF THE PUBLIC TO DETERMINE IF A GIVEN PERSON HAS  A
BUSINESS RELATIONSHIP WITH THE STATE.
  (III)  THE  TERM  "PERSON"  SHALL INCLUDE ANY CHIEF EXECUTIVE OFFICER,
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

PERSONS  SERVING  IN  AN  EQUIVALENT  CAPACITY, ANY PERSON EMPLOYED IN A
SENIOR MANAGERIAL CAPACITY REGARDING SUCH ENTITY, OR ANY PERSON WITH  AN
INTEREST  IN  SUCH ENTITY WHICH EXCEEDS TEN PERCENT OF THE VALUE OF SUCH
ENTITY AT FAIR MARKET VALUE.
  (IV)  THE  TERM  "SENIOR  MANAGERIAL CAPACITY" SHALL MEAN A HIGH LEVEL
SUPERVISORY CAPACITY, EITHER BY VIRTUE OF  TITLE  OR  DUTIES,  IN  WHICH
SUBSTANTIAL DISCRETION AND OVERSIGHT IS EXERCISED OVER THE SOLICITATION,
LETTING  OR  ADMINISTRATION  OF  BUSINESS  TRANSACTIONS  WITH THE STATE,
INCLUDING CONTRACTS, FRANCHISES, CONCESSION, GRANTS,  ECONOMIC  DEVELOP-
MENT AGREEMENTS AND APPLICATION FOR LAND USE APPROVALS.
  B. ANY DATABASE MAINTAINED BY THE COMPTROLLER AS OF THE EFFECTIVE DATE
OF  THIS SECTION MAY SERVE AS THE NEW YORK STATE BUSINESS CONTRACT DATA-
BASE UPON CERTIFICATION BY  THE  COMPTROLLER  TO  THE  CHAIRMAN  OF  THE
CAMPAIGN  FINANCE  BOARD THAT SUCH DATABASE FULFILLS THE REQUIREMENTS OF
THIS SECTION. EVERY STATE AGENCY OR AUTHORITY OF THE STATE INCLUDING ANY
ENTITY AFFILIATED THERETO SHALL PROVIDE THE COMPTROLLER WITH SUCH INFOR-
MATION AS IS NECESSARY TO CONSTRUCT, MODIFY AND MAINTAIN  SUCH  DATABASE
IN A TIMELY MANNER.
  2.  A. NEITHER A CANDIDATE NOR A POLITICAL COMMITTEE OF SUCH CANDIDATE
SHALL ACCEPT CONTRIBUTIONS FOR ANY ELECTION FOR A PUBLIC OFFICE  OR  FOR
NOMINATION  TO  ANY  SUCH  OFFICE  WHICH  IN  THE AGGREGATE EXCEEDS FOUR
HUNDRED DOLLARS FROM A PERSON OR ENTITY WHO HAS A BUSINESS  RELATIONSHIP
WITH THE STATE.
  B. IF THE COMPLIANCE UNIT DETERMINES THAT ANY CONTRIBUTION TO A CANDI-
DATE  OR  TO  THE  POLITICAL  COMMITTEE  OF  SUCH CANDIDATE VIOLATES THE
PROVISIONS OF THIS SECTION, THE COMPLIANCE UNIT SHALL NOTIFY SUCH CANDI-
DATE WITHIN TWENTY DAYS OF SUCH  DETERMINATION  AND  SUCH  CANDIDATE  OR
CANDIDATE'S  POLITICAL  COMMITTEE  SHALL  MAKE  A  REASONABLE ATTEMPT TO
RETURN SUCH CONTRIBUTION TO THE CONTRIBUTOR; PROVIDED, HOWEVER, THAT  IF
SUCH CANDIDATE OR THE POLITICAL COMMITTEE OF SUCH CANDIDATE IS UNABLE TO
RETURN  SUCH  CONTRIBUTION, SUCH MONIES SHALL BE PAID TO THE STATE BOARD
OF ELECTIONS AND SHALL BE RETAINED IN THE APPROPRIATE ACCOUNTS AS DESIG-
NATED BY THE DIVISION OF THE BUDGET FOR ENFORCEMENT  ACTIVITIES  BY  THE
BOARD OF ELECTIONS.
  C.  THE  STATE BOARD OF ELECTIONS, IN CONJUNCTION WITH THE STATE COMP-
TROLLER, SHALL PROMULGATE SUCH RULES AND REGULATIONS AS  MAY  BE  DEEMED
NECESSARY FOR THE ADMINISTRATION OF THIS SECTION.
  S 2. This act shall take effect January 1, 2017.

co-Sponsors

2015-S2199A - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §14-125, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1163
2019-2020: S507
2021-2022: S4135
2023-2024: S986

2015-S2199A - Summary

Establishes the New York state business contract database.

2015-S2199A - Sponsor Memo

                                BILL NUMBER:S2199A

TITLE OF BILL:  An act to amend the election law, in relation to
establishing the New York state business contract database

PURPOSE OF BILL:

To establish a statewide "pay to play" database of those entities who
have a business relationship with the state, and to limit political
contributions from those entities.

SUMMARY OF PROVISIONS:

Section 1. Adds a new section 14-125 to the election law to establish
the New York state business contract database_ Subdivision 1 of this
new section provides definitions, and also provides that any database
currently maintained by the comptroller may serve as the New York
state business contract database, provided it fulfills the
requirements of this section.

Subdivision 2 of this new section restricts political contributions to
candidates and political committees of such candidates for any
election for a public office or for nomination to any such office to
four hundred dollars in the aggregate from any person or entity who
has a business relationship with the state. This subdivision also
governs the handling of violations and the disposition of monies

involved, and lastly provides the board of elections, in conjunction
with the state comptroller, authorization to promulgate rules and
regulations.

Section 2. Effective date.

JUSTIFICATION:

The actuality, or even appearance, of large campaign contributions
from entities doing business with the state governing the direction of
public policy is a disservice to the people of New York. The voice of
the citizens can be drowned out by the influence of large contributors
who have a vested interest in maintaining the status quo for their own
benefit. In addition, New York's business men and women deserve a
level playing field when it comes to procuring state contracts and
business, without the influence of political contributions tainting
the process. By creating a centralized database of those individuals
and entities who have business with the state and limiting the
political contributions from those entities, we can ensure that the
citizens of New York have an equal voice in their government and that
any qualified New York business has an equal chance of securing state
contracts.

LEGISLATIVE HISTORY:

New Bill

EFFECTIVE DATE:

This act shall take effect January 1, 2017.

2015-S2199A - Bill Text download pdf

                            
                    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:

  Section 1.  The election law is amended by adding a new section 14-125
to read as follows:
  S  14-125. NEW YORK STATE BUSINESS CONTRACT DATABASE. 1. A. AS USED IN
THIS SECTION:
  (I) THE TERM "BUSINESS RELATIONSHIPS WITH THE STATE"  SHALL  MEAN  ANY
CONTRACT  FOR THE PROCUREMENT OF GOODS, SERVICES OR CONSTRUCTION THAT IS
ENTERED INTO OR IN EFFECT WITH THE STATE OF NEW YORK OR  ANY  AGENCY  OR
ENTITY  AFFILIATED THERETO NOT AWARDED THROUGH A COMPETITIVE BID PROCESS
PURSUANT TO ARTICLES NINE AND ELEVEN OF THE STATE FINANCE LAW.  BUSINESS
RELATIONSHIPS  WITH  THE  STATE  SHALL  NOT  MEAN  ANY  PERSON OR ENTITY
REJECTED FROM PARTICIPATION IN SUCH A CONTRACT OR ANY PERSON  OR  ENTITY
NOT  PARTICIPATING  IN  SUCH A CONTRACT WITHIN TWENTY-FOUR MONTHS OF ANY
ELECTION.
  (II) THE TERM "NEW YORK STATE BUSINESS CONTRACT DATABASE" SHALL MEAN A
DATABASE CREATED, OPERATED, MAINTAINED AND UPDATED BY  THE  STATE  COMP-
TROLLER ACCESSIBLE TO THE PUBLIC WHICH CONTAINS THE NAMES OF PERSONS WHO
HAVE  BUSINESS  RELATIONSHIPS  WITH  THE  STATE.  SUCH DATABASE SHALL BE
CREATED, OPERATED, MAINTAINED AND UPDATED BY THE STATE COMPTROLLER IN  A
MANNER  SO  AS  TO  ENSURE  ITS  REASONABLE  ACCURACY  AND COMPLETENESS;
PROVIDED, HOWEVER, THAT IN NO EVENT SHALL SUCH DATABASE BE UPDATED  LESS
FREQUENTLY THAN ONCE A MONTH IN ANY GENERAL ELECTION YEAR. SUCH DATABASE
SHALL  ENABLE MEMBERS OF THE PUBLIC TO DETERMINE IF A GIVEN PERSON HAS A
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

  (III) THE TERM "PERSON" SHALL INCLUDE  ANY  CHIEF  EXECUTIVE  OFFICER,
CHIEF  FINANCIAL  OFFICER  OR  CHIEF OPERATING OFFICER OF SUCH ENTITY OR
PERSONS SERVING IN AN EQUIVALENT CAPACITY,  ANY  PERSON  EMPLOYED  IN  A
SENIOR  MANAGERIAL CAPACITY REGARDING SUCH ENTITY, OR ANY PERSON WITH AN
INTEREST  IN  SUCH ENTITY WHICH EXCEEDS TEN PERCENT OF THE VALUE OF SUCH
ENTITY AT FAIR MARKET VALUE.
  (IV) THE TERM "SENIOR MANAGERIAL CAPACITY" SHALL  MEAN  A  HIGH  LEVEL
SUPERVISORY  CAPACITY,  EITHER  BY  VIRTUE  OF TITLE OR DUTIES, IN WHICH
SUBSTANTIAL DISCRETION AND OVERSIGHT IS EXERCISED OVER THE SOLICITATION,
LETTING OR ADMINISTRATION  OF  BUSINESS  TRANSACTIONS  WITH  THE  STATE,
INCLUDING  CONTRACTS,  FRANCHISES, CONCESSION, GRANTS, ECONOMIC DEVELOP-
MENT AGREEMENTS AND APPLICATION FOR LAND USE APPROVALS.
  B. ANY DATABASE MAINTAINED BY THE COMPTROLLER AS OF THE EFFECTIVE DATE
OF THIS SECTION MAY SERVE AS THE NEW YORK STATE BUSINESS CONTRACT  DATA-
BASE  UPON  CERTIFICATION  BY  THE  COMPTROLLER  TO  THE  STATE BOARD OF
ELECTIONS THAT SUCH DATABASE FULFILLS THE REQUIREMENTS OF THIS  SECTION.
EVERY STATE AGENCY OR AUTHORITY OF THE STATE INCLUDING ANY ENTITY AFFIL-
IATED  THERETO SHALL PROVIDE THE COMPTROLLER WITH SUCH INFORMATION AS IS
NECESSARY TO CONSTRUCT, MODIFY AND MAINTAIN SUCH DATABASE  IN  A  TIMELY
MANNER.
  2.  A. NEITHER A CANDIDATE NOR A POLITICAL COMMITTEE OF SUCH CANDIDATE
SHALL ACCEPT CONTRIBUTIONS FOR ANY ELECTION FOR A PUBLIC OFFICE  OR  FOR
NOMINATION  TO  ANY  SUCH  OFFICE  WHICH  IN  THE AGGREGATE EXCEEDS FOUR
HUNDRED DOLLARS FROM A PERSON OR ENTITY WHO HAS A BUSINESS  RELATIONSHIP
WITH THE STATE.
  B. IF THE COMPLIANCE UNIT DETERMINES THAT ANY CONTRIBUTION TO A CANDI-
DATE  OR  TO  THE  POLITICAL  COMMITTEE  OF  SUCH CANDIDATE VIOLATES THE
PROVISIONS OF THIS SECTION, THE COMPLIANCE UNIT SHALL NOTIFY SUCH CANDI-
DATE WITHIN TWENTY DAYS OF SUCH  DETERMINATION  AND  SUCH  CANDIDATE  OR
CANDIDATE'S  POLITICAL  COMMITTEE  SHALL  MAKE  A  REASONABLE ATTEMPT TO
RETURN SUCH CONTRIBUTION TO THE CONTRIBUTOR; PROVIDED, HOWEVER, THAT  IF
SUCH CANDIDATE OR THE POLITICAL COMMITTEE OF SUCH CANDIDATE IS UNABLE TO
RETURN  SUCH  CONTRIBUTION, SUCH MONIES SHALL BE PAID TO THE STATE BOARD
OF ELECTIONS AND SHALL BE RETAINED IN THE APPROPRIATE ACCOUNTS AS DESIG-
NATED BY THE DIVISION OF THE BUDGET FOR ENFORCEMENT  ACTIVITIES  BY  THE
BOARD OF ELECTIONS.
  C.  THE  STATE BOARD OF ELECTIONS, IN CONJUNCTION WITH THE STATE COMP-
TROLLER, SHALL PROMULGATE SUCH RULES AND REGULATIONS AS  MAY  BE  DEEMED
NECESSARY FOR THE ADMINISTRATION OF THIS SECTION.
  S 2. This act shall take effect January 1, 2017.

co-Sponsors

2015-S2199B (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §14-125, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1163
2019-2020: S507
2021-2022: S4135
2023-2024: S986

2015-S2199B (ACTIVE) - Summary

Establishes the New York state business contract database.

2015-S2199B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2199B

 TITLE OF BILL :  An act to amend the election law, in relation to
establishing the New York state business contract database

 PURPOSE OF BILL :

To establish a statewide "pay to play" database of those entities who
have a business relationship with the state, and to limit political
contributions from those entities.

 SUMMARY OF PROVISIONS :

Section 1. Adds a new section 14-125 to the election law to
establish the New York state business contract database_ Subdivi
currently maintained by the comptroller may serve as the New York
state business contract database, provided it fulfills the
requirements of this section.

Subdivision 2 of this new section restricts political contributions to
candidates and political committees of such candidates for any
election for a public office or for nomination to any such office to
four hundred dollars in the aggregate from any person or entity who
has a business relationship with the state. This subdivision also
governs the handling of violations and the disposition of monies
involved, and lastly provides the board of elections, in conjunction

with the state comptroller, authorization to promulgate rules and
regulations.

Section 2. Effective date.

 JUSTIFICATION :

The actuality, or even appearance, of large campaign contributions
from entities doing business with the state governing the direction of
public policy is a disservice to the people of New York. The voice of
the citizens can be drowned out by the influence of large contributors
who have a vested interest in maintaining the status quo for their own
benefit. In addition, New York's business men and women deserve a
level playing field when it comes to procuring state contracts and
business, without the influence of political contributions tainting
the process. By creating a centralized database of those individuals
and entities who have business with the state and limiting the
political contributions from those entities, we can ensure that the
citizens of New York have an equal voice in their government and that
any qualified New York business has an equal chance of securing state
contracts.

 LEGISLATIVE HISTORY :

New Bill

 EFFECTIVE DATE :
This act shall take effect January 1, 2018.

2015-S2199B (ACTIVE) - Bill Text download pdf

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

                                 2199--B

                       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  --  recommitted  to the Committee on
  Elections in accordance with  Senate  Rule  6,  sec.  8  --  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:

  Section 1.  The election law is amended by adding a new section 14-125
to read as follows:
  S  14-125. NEW YORK STATE BUSINESS CONTRACT DATABASE. 1. A. AS USED IN
THIS SECTION:
  (I) THE TERM "BUSINESS RELATIONSHIPS WITH THE STATE"  SHALL  MEAN  ANY
CONTRACT  FOR THE PROCUREMENT OF GOODS, SERVICES OR CONSTRUCTION THAT IS
ENTERED INTO OR IN EFFECT WITH THE STATE OF NEW YORK OR  ANY  AGENCY  OR
ENTITY  AFFILIATED THERETO NOT AWARDED THROUGH A COMPETITIVE BID PROCESS
PURSUANT TO ARTICLES NINE AND ELEVEN OF THE STATE FINANCE LAW.  BUSINESS
RELATIONSHIPS  WITH  THE  STATE  SHALL  NOT  MEAN  ANY  PERSON OR ENTITY
REJECTED FROM PARTICIPATION IN SUCH A CONTRACT OR ANY PERSON  OR  ENTITY
NOT  PARTICIPATING  IN  SUCH A CONTRACT WITHIN TWENTY-FOUR MONTHS OF ANY
ELECTION.
  (II) THE TERM "NEW YORK STATE BUSINESS CONTRACT DATABASE" SHALL MEAN A
DATABASE CREATED, OPERATED, MAINTAINED AND UPDATED BY  THE  STATE  COMP-
TROLLER ACCESSIBLE TO THE PUBLIC WHICH CONTAINS THE NAMES OF PERSONS WHO
HAVE  BUSINESS  RELATIONSHIPS  WITH  THE  STATE.  SUCH DATABASE SHALL BE
CREATED, OPERATED, MAINTAINED AND UPDATED BY THE STATE COMPTROLLER IN  A
MANNER  SO  AS  TO  ENSURE  ITS  REASONABLE  ACCURACY  AND COMPLETENESS;
PROVIDED, HOWEVER, THAT IN NO EVENT SHALL SUCH DATABASE BE UPDATED  LESS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03505-03-6

S. 2199--B                          2

FREQUENTLY THAN ONCE A MONTH IN ANY GENERAL ELECTION YEAR. SUCH DATABASE
SHALL  ENABLE MEMBERS OF THE PUBLIC TO DETERMINE IF A GIVEN PERSON HAS A
BUSINESS RELATIONSHIP WITH THE STATE.
  (III)  THE  TERM  "PERSON"  SHALL INCLUDE ANY CHIEF EXECUTIVE OFFICER,
CHIEF FINANCIAL OFFICER OR CHIEF OPERATING OFFICER  OF  SUCH  ENTITY  OR
PERSONS  SERVING  IN  AN  EQUIVALENT  CAPACITY, ANY PERSON EMPLOYED IN A
SENIOR MANAGERIAL CAPACITY REGARDING SUCH ENTITY, OR ANY PERSON WITH  AN
INTEREST  IN  SUCH ENTITY WHICH EXCEEDS TEN PERCENT OF THE VALUE OF SUCH
ENTITY AT FAIR MARKET VALUE.
  (IV) THE TERM "SENIOR MANAGERIAL CAPACITY" SHALL  MEAN  A  HIGH  LEVEL
SUPERVISORY  CAPACITY,  EITHER  BY  VIRTUE  OF TITLE OR DUTIES, IN WHICH
SUBSTANTIAL DISCRETION AND OVERSIGHT IS EXERCISED OVER THE SOLICITATION,
LETTING OR ADMINISTRATION  OF  BUSINESS  TRANSACTIONS  WITH  THE  STATE,
INCLUDING  CONTRACTS,  FRANCHISES, CONCESSION, GRANTS, ECONOMIC DEVELOP-
MENT AGREEMENTS AND APPLICATION FOR LAND USE APPROVALS.
  B. ANY DATABASE MAINTAINED BY THE COMPTROLLER AS OF THE EFFECTIVE DATE
OF THIS SECTION MAY SERVE AS THE NEW YORK STATE BUSINESS CONTRACT  DATA-
BASE  UPON  CERTIFICATION  BY  THE  COMPTROLLER  TO  THE  STATE BOARD OF
ELECTIONS THAT SUCH DATABASE FULFILLS THE REQUIREMENTS OF THIS  SECTION.
EVERY STATE AGENCY OR AUTHORITY OF THE STATE INCLUDING ANY ENTITY AFFIL-
IATED  THERETO SHALL PROVIDE THE COMPTROLLER WITH SUCH INFORMATION AS IS
NECESSARY TO CONSTRUCT, MODIFY AND MAINTAIN SUCH DATABASE  IN  A  TIMELY
MANNER.
  2.  A. NEITHER A CANDIDATE NOR A POLITICAL COMMITTEE OF SUCH CANDIDATE
SHALL ACCEPT CONTRIBUTIONS FOR ANY ELECTION FOR A PUBLIC OFFICE  OR  FOR
NOMINATION  TO  ANY  SUCH  OFFICE  WHICH  IN  THE AGGREGATE EXCEEDS FOUR
HUNDRED DOLLARS FROM A PERSON OR ENTITY WHO HAS A BUSINESS  RELATIONSHIP
WITH THE STATE.
  B. IF THE COMPLIANCE UNIT DETERMINES THAT ANY CONTRIBUTION TO A CANDI-
DATE  OR  TO  THE  POLITICAL  COMMITTEE  OF  SUCH CANDIDATE VIOLATES THE
PROVISIONS OF THIS SECTION, THE COMPLIANCE UNIT SHALL NOTIFY SUCH CANDI-
DATE WITHIN TWENTY DAYS OF SUCH  DETERMINATION  AND  SUCH  CANDIDATE  OR
CANDIDATE'S  POLITICAL  COMMITTEE  SHALL  MAKE  A  REASONABLE ATTEMPT TO
RETURN SUCH CONTRIBUTION TO THE CONTRIBUTOR; PROVIDED, HOWEVER, THAT  IF
SUCH CANDIDATE OR THE POLITICAL COMMITTEE OF SUCH CANDIDATE IS UNABLE TO
RETURN  SUCH  CONTRIBUTION, SUCH MONIES SHALL BE PAID TO THE STATE BOARD
OF ELECTIONS AND SHALL BE RETAINED IN THE APPROPRIATE ACCOUNTS AS DESIG-
NATED BY THE DIVISION OF THE BUDGET FOR ENFORCEMENT  ACTIVITIES  BY  THE
BOARD OF ELECTIONS.
  C.  THE  STATE BOARD OF ELECTIONS, IN CONJUNCTION WITH THE STATE COMP-
TROLLER, SHALL PROMULGATE SUCH RULES AND REGULATIONS AS  MAY  BE  DEEMED
NECESSARY FOR THE ADMINISTRATION OF THIS SECTION.
  S 2. This act shall take effect January 1, 2018.

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Senate Bill S2199B

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

Bill Amendments

co-Sponsors

2015-S2199 - Details

2015-S2199 - Summary

2015-S2199 - Sponsor Memo

2015-S2199 - Bill Text download pdf

co-Sponsors

2015-S2199A - Details

2015-S2199A - Summary

2015-S2199A - Sponsor Memo

2015-S2199A - Bill Text download pdf

co-Sponsors

2015-S2199B (ACTIVE) - Details

2015-S2199B (ACTIVE) - Summary

2015-S2199B (ACTIVE) - Sponsor Memo

2015-S2199B (ACTIVE) - Bill Text download pdf

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Senate Bill S2199B

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Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Elections Committee

Bill Amendments

co-Sponsors

Marc Panepinto

2015-S2199 - Details

2015-S2199 - Summary

2015-S2199 - Sponsor Memo

2015-S2199 - Bill Text download pdf

co-Sponsors

Marc Panepinto

2015-S2199A - Details

2015-S2199A - Summary

2015-S2199A - Sponsor Memo

2015-S2199A - Bill Text download pdf

co-Sponsors

Marc Panepinto

2015-S2199B (ACTIVE) - Details

2015-S2199B (ACTIVE) - Summary

2015-S2199B (ACTIVE) - Sponsor Memo

2015-S2199B (ACTIVE) - Bill Text download pdf

Comments