S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    507
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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:
   § 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.
              

                                                            LBD06280-01-9

 S. 507                              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.
   § 2. This act shall take effect January 1, 2021.