S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4135
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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.
   (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.
              

                                                            LBD08213-01-1

 S. 4135                             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  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, 2023.