S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7179
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 12, 2023
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Election Law
 
 AN  ACT  to  amend  the  election law, in relation to contributions from
   persons doing or seeking business dealings with a  state  governmental
   entity
 
   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  14-131
 to read as follows:
   §  14-131.  CONTRIBUTIONS FROM PERSONS DOING OR SEEKING BUSINESS DEAL-
 INGS WITH A STATE GOVERNMENTAL ENTITY. 1. THE LEGISLATURE FINDS THAT  IT
 IS NECESSARY TO REDUCE THE APPEARANCE OF OR ACTUAL IMPROPER INFLUENCE OF
 THE  STATE  CONTRACTING  PROCESS  AND  INCREASE  ITS FAIRNESS BY BANNING
 CAMPAIGN CONTRIBUTIONS FROM A COMPANY SEEKING STATE CONTRACTS TO OFFICE-
 HOLDERS WITH AUTHORITY  OVER  PROCURING  ENTITIES  DURING  A  RESTRICTED
 CONTRIBUTION PERIOD.
   2. FOR THE PURPOSE OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A)  "STATE GOVERNMENTAL ENTITY" SHALL MEAN THE STATE OF NEW YORK, ANY
 PUBLIC AUTHORITY, PUBLIC BENEFIT CORPORATION  OR  NOT-FOR-PROFIT  CORPO-
 RATION,  THE  MAJORITY OF WHOSE BOARD MEMBERS ARE OFFICIALS OF THE STATE
 OR ARE APPOINTED BY SUCH OFFICIALS, OR ANY AGENCY OR  ENTITY  AFFILIATED
 WITH THE STATE OF NEW YORK.
   (B)  "PERSON"  SHALL INCLUDE ANY CHIEF EXECUTIVE OFFICER, CHIEF FINAN-
 CIAL OFFICER OR CHIEF OPERATING OFFICER OF A BUSINESS ENTITY OR  PERSONS
 SERVING IN AN EQUIVALENT CAPACITY, ANY PERSON EMPLOYED IN A SENIOR MANA-
 GERIAL  CAPACITY  REGARDING  A  BUSINESS  ENTITY,  OR ANY PERSON WITH AN
 INTEREST IN A BUSINESS ENTITY WHICH EXCEEDS TEN PERCENT OF THE VALUE  OF
 SUCH ENTITY AT FAIR MARKET VALUE.
   (C)  "SENIOR  MANAGERIAL CAPACITY" SHALL MEAN A HIGH-LEVEL SUPERVISORY
 CAPACITY, EITHER BY VIRTUE OF TITLE  OR  DUTIES,  IN  WHICH  SUBSTANTIAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03612-03-3
              

 A. 7179                             2
 
 DISCRETION  AND OVERSIGHT IS EXERCISED OVER THE SOLICITATION, LETTING OR
 ADMINISTRATION OF BUSINESS TRANSACTIONS WITH A STATE GOVERNMENTAL  ENTI-
 TY, INCLUDING CONTRACTS, FRANCHISES, CONCESSION, GRANTS, ECONOMIC DEVEL-
 OPMENT AGREEMENTS AND APPLICATION FOR LAND USE APPROVALS.
   (D)  (I)  "BUSINESS  DEALING  WITH  A STATE GOVERNMENTAL ENTITY" SHALL
 MEAN:
   (A) ONE OR MORE CONTRACTS WITH A SINGLE PERSON OR BUSINESS ENTITY  FOR
 THE PROCUREMENT OF GOODS, SERVICES OR CONSTRUCTION THAT ARE IN EFFECT OR
 THAT WERE ENTERED INTO WITHIN THE PRECEDING ONE-YEAR PERIOD WITH A STATE
 GOVERNMENTAL ENTITY AND HAVE A TOTAL VALUE AT OR ABOVE ONE HUNDRED THOU-
 SAND  DOLLARS,  OR,  WITH  RESPECT  TO CONTRACTS FOR CONSTRUCTION, AT OR
 ABOVE FIVE HUNDRED THOUSAND DOLLARS, AND SHALL INCLUDE ANY CONTRACT  FOR
 THE  UNDERWRITING  OF  THE  DEBT  OF A STATE GOVERNMENTAL ENTITY AND THE
 RETENTION OF ANY BOND COUNSEL, DISCLOSURE COUNSEL OR UNDERWRITER'S COUN-
 SEL IN CONNECTION THEREWITH; OR
   (B) ANY ACQUISITION OR DISPOSITION OF  REAL  PROPERTY,  OTHER  THAN  A
 PUBLIC  AUCTION OR COMPETITIVE SEALED BID TRANSACTION OR THE ACQUISITION
 OF PROPERTY PURSUANT TO THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION
 LAND ACQUISITION PROCESSES WITH A STATE GOVERNMENTAL ENTITY; OR
   (C)  ACQUISITION  OF OFFICE SPACE BY THE OFFICE OF GENERAL SERVICES OR
 ANY OTHER STATE GOVERNMENTAL ENTITY, INCLUDING ACQUISITIONS BY PURCHASE,
 CONDEMNATION, EXCHANGE OR LEASE; OR
   (D) ONE OR MORE CONCESSIONS OR ONE OR MORE FRANCHISES  WITH  A  SINGLE
 PERSON  OR  BUSINESS ENTITY THAT ARE IN EFFECT OR THAT WERE ENTERED INTO
 WITHIN THE PRECEDING ONE-YEAR PERIOD FROM A  STATE  GOVERNMENTAL  ENTITY
 WHICH  HAVE A TOTAL ESTIMATED ANNUAL VALUE AT OR ABOVE ONE HUNDRED THOU-
 SAND DOLLARS; OR
   (E) ONE OR MORE GRANTS MADE TO A SINGLE PERSON OR ENTITY THAT  ARE  IN
 EFFECT  OR  THAT  WERE ENTERED INTO WITHIN THE PRECEDING ONE-YEAR PERIOD
 THAT HAVE A TOTAL VALUE  AT  OR  ABOVE  ONE  HUNDRED  THOUSAND  DOLLARS,
 RECEIVED FROM A STATE GOVERNMENTAL ENTITY; OR
   (F)  ANY ECONOMIC DEVELOPMENT AGREEMENT ENTERED INTO OR IN EFFECT WITH
 A STATE GOVERNMENTAL ENTITY; OR
   (G) ANY CONTRACT  FOR  THE  INVESTMENT  OF  PENSION  FUNDS,  INCLUDING
 INVESTMENTS  IN  A  PRIVATE  EQUITY  FIRM  AND CONTRACTS WITH INVESTMENT
 RELATED CONSULTANTS.
   (II) FOR PURPOSES OF CLAUSES (A), (D) AND (E) OF SUBPARAGRAPH  (I)  OF
 THIS  PARAGRAPH,  ALL CONTRACTS, CONCESSIONS, FRANCHISES AND GRANTS THAT
 ARE FIVE THOUSAND DOLLARS OR LESS IN VALUE SHALL BE  EXCLUDED  FROM  ANY
 CALCULATION  AS TO WHETHER A CONTRACT, CONCESSION, FRANCHISE OR GRANT IS
 A BUSINESS DEALING WITH A STATE GOVERNMENTAL  ENTITY.  THE  DIVISION  OF
 HOMES  AND  COMMUNITY RENEWAL SHALL PROMULGATE RULES SETTING FORTH WHICH
 CATEGORIES OF ACTIONS, TRANSACTIONS AND AGREEMENTS PROVIDING  AFFORDABLE
 HOUSING  SHALL  AND  SHALL NOT CONSTITUTE BUSINESS DEALINGS WITH A STATE
 GOVERNMENTAL ENTITY FOR PURPOSES OF THIS PARAGRAPH. THE  DIVISION  SHALL
 CONSIDER  THE  SIGNIFICANCE  OF  THE  AFFORDABLE HOUSING PROGRAM AND THE
 DEGREE OF DISCRETION BY STATE OFFICIALS IN  DETERMINING  WHICH  ACTIONS,
 TRANSACTIONS AND AGREEMENTS SHALL AND SHALL NOT CONSTITUTE SUCH BUSINESS
 DEALINGS.  NOTWITHSTANDING  ANY  PROVISION  OF THIS PARAGRAPH, A HOUSING
 ASSISTANCE PAYMENT CONTRACT BETWEEN A LANDLORD AND THE DIVISION OF HOMES
 AND COMMUNITY RENEWAL RELATING TO THE PROVISION OF RENT SUBSIDIES PURSU-
 ANT TO SECTION 8 OF THE UNITED STATES HOUSING ACT  OF  1937,  42  U.S.C.
 1437  ET.  SEQ.,  SHALL  NOT  CONSTITUTE  BUSINESS DEALINGS WITH A STATE
 GOVERNMENTAL ENTITY FOR THE PURPOSES OF THIS PARAGRAPH.
   (E) (I) "INTERMEDIARY" SHALL  MEAN  AN  INDIVIDUAL,  BUSINESS  ENTITY,
 POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER ENTITY WHICH:
 A. 7179                             3
 
   (A) OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY
 OR  MESSENGER  SERVICE, DELIVERS ANY CONTRIBUTION FROM ANOTHER PERSON OR
 BUSINESS ENTITY TO A CANDIDATE OR OTHER AUTHORIZED COMMITTEE; OR
   (B)  SOLICITS CONTRIBUTIONS TO A CANDIDATE OR OTHER AUTHORIZED COMMIT-
 TEE WHERE SUCH SOLICITATION IS KNOWN TO SUCH CANDIDATE  OR  HIS  OR  HER
 AUTHORIZED  COMMITTEE. FOR PURPOSES OF THIS CLAUSE, ONLY PERSONS CLEARLY
 IDENTIFIED AS THE SOLICITOR OF A CONTRIBUTION TO THE CANDIDATE OR HIS OR
 HER AUTHORIZED COMMITTEE SHALL BE PRESUMED TO BE KNOWN TO SUCH CANDIDATE
 OR HIS OR HER AUTHORIZED COMMITTEE.
   (II)  "INTERMEDIARY"  SHALL  NOT  MEAN  SPOUSES,  DOMESTIC   PARTNERS,
 PARENTS, CHILDREN OR SIBLINGS OF THE PERSON MAKING SUCH CONTRIBUTION, OR
 ANY  FUNDRAISING  AGENT,  AS  SUCH  TERM IS DEFINED BY THE BOARD, OR ANY
 HOSTS OF A CAMPAIGN SPONSORED FUNDRAISING EVENT PAID FOR IN WHOLE OR  IN
 PART  BY  THE  CAMPAIGN. WHERE THERE ARE MULTIPLE INDIVIDUAL HOSTS FOR A
 NON-CAMPAIGN SPONSORED EVENT, THE HOSTS SHALL DESIGNATE ONE SUCH HOST AS
 THE INTERMEDIARY.
   (F) "RESTRICTED CONTRIBUTION PERIOD"  SHALL  MEAN  THE  PERIOD  DURING
 WHICH  ANY  PERSON,  ORGANIZATION,  GROUP OF PERSONS, OR BUSINESS ENTITY
 THAT HAS BUSINESS DEALINGS OR SUBMITS BIDS  OR  PROPOSALS  FOR  BUSINESS
 DEALINGS  WITH  A  STATE  GOVERNMENTAL  ENTITY  SHALL BE PROHIBITED FROM
 MAKING CONTRIBUTIONS OR LOANS, OR SERVING AS AN  INTERMEDIARY  FOR  SUCH
 CONTRIBUTION  OR LOAN, TO ANY OFFICEHOLDER OF OR WITH AUTHORITY OVER THE
 STATE GOVERNMENTAL ENTITY OR ENTITIES RESPONSIBLE FOR THE BUSINESS DEAL-
 ING UNDER ITS JURISDICTION, OR TO ANY CANDIDATE FOR AN  OFFICE  OF  SUCH
 GOVERNMENTAL  ENTITY,  INCLUDING  TO  SUCH OFFICEHOLDER'S OR CANDIDATE'S
 AUTHORIZED POLITICAL COMMITTEES OR POLITICAL COMMITTEES THE OFFICEHOLDER
 OR CANDIDATE EXERTS OPERATIONAL CONTROL OVER.
   (G) "BUSINESS ENTITY" SHALL MEAN A BUSINESS CORPORATION,  PROFESSIONAL
 SERVICES  CORPORATION,  LIMITED  LIABILITY COMPANY, PARTNERSHIP, LIMITED
 PARTNERSHIP, BUSINESS TRUST, ASSOCIATION OR ANY OTHER  LEGAL  COMMERCIAL
 ENTITY  ORGANIZED  UNDER  THE  LAWS  OF THIS STATE OR ANY OTHER STATE OR
 FOREIGN JURISDICTION, INCLUDING ANY SUBSIDIARY  DIRECTLY  OR  INDIRECTLY
 CONTROLLED  BY  THE  BUSINESS  ENTITY,  AND  ANY POLITICAL ORGANIZATION,
 INCLUDING BUT NOT LIMITED TO ANY POLITICAL ORGANIZATION ORGANIZED  UNDER
 SECTION 527 OF THE INTERNAL REVENUE CODE, THAT IS DIRECTLY OR INDIRECTLY
 CONTROLLED BY THE BUSINESS ENTITY.
   3.  (A)  NO PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY
 THAT HAS BUSINESS DEALINGS OR SUBMITS BIDS  OR  PROPOSALS  FOR  BUSINESS
 DEALINGS  WITH  A STATE GOVERNMENTAL ENTITY SHALL, DURING THE RESTRICTED
 CONTRIBUTION PERIOD, MAKE A CONTRIBUTION OR LOAN  TO,  OR  SERVE  AS  AN
 INTERMEDIARY  FOR  SUCH CONTRIBUTION OR LOAN FOR, ANY OFFICEHOLDER OF OR
 WITH AUTHORITY OVER THE STATE GOVERNMENTAL ENTITY OR ENTITIES  RESPONSI-
 BLE  FOR THE BUSINESS DEALING UNDER ITS JURISDICTION OR TO ANY CANDIDATE
 FOR  AN  OFFICE  OF  SUCH  GOVERNMENTAL  ENTITY,   INCLUDING   TO   SUCH
 OFFICEHOLDER'S  OR  CANDIDATE'S AUTHORIZED POLITICAL COMMITTEES OR POLI-
 TICAL  COMMITTEES  THE  OFFICEHOLDER  OR  CANDIDATE  EXERTS  OPERATIONAL
 CONTROL OVER.
   (B) PURSUANT TO SECTION 14-120 OF THIS TITLE, NO PERSON, ORGANIZATION,
 GROUP  OF  PERSONS,  OR  BUSINESS  ENTITY  THAT HAS BUSINESS DEALINGS OR
 SUBMITS BIDS OR PROPOSALS FOR BUSINESS DEALINGS  WITH  A  STATE  GOVERN-
 MENTAL  ENTITY  SHALL,  DURING  THE RESTRICTED CONTRIBUTION PERIOD, MAKE
 CONTRIBUTIONS TO POLITICAL COMMITTEES NOT  AUTHORIZED  OR  OPERATIONALLY
 CONTROLLED  BY  THE  OFFICEHOLDER OR CANDIDATE FOR THE PURPOSE OF TRANS-
 FERRING A CONTRIBUTION TO THE OFFICEHOLDER'S OR  CANDIDATE'S  AUTHORIZED
 POLITICAL  COMMITTEES  OR  POLITICAL  COMMITTEES  THEY EXERT OPERATIONAL
 CONTROL OVER WHERE SUCH CONTRIBUTION WOULD BE PROHIBITED UNDER PARAGRAPH
 A. 7179                             4
 
 (A) OF THIS SUBDIVISION IF MADE DIRECTLY TO THE OFFICEHOLDER'S OR CANDI-
 DATE'S AUTHORIZED POLITICAL  COMMITTEES  OR  POLITICAL  COMMITTEES  THEY
 EXERT OPERATIONAL CONTROL OVER.
   (C)  THE STATE GOVERNMENTAL ENTITY DIRECTLY RESPONSIBLE FOR A BUSINESS
 DEALING SHALL PROVIDE NOTICE OF  THE  PROHIBITION  ESTABLISHED  BY  THIS
 SECTION  AND THE RESTRICTED CONTRIBUTION PERIOD COMMENCEMENT DATE TO ANY
 PERSON, ORGANIZATION, GROUP OF PERSONS,  OR  BUSINESS  ENTITY  THAT  HAS
 BUSINESS  DEALINGS OR HAS SUBMITTED BIDS OR PROPOSALS FOR BUSINESS DEAL-
 INGS WITH SUCH STATE  GOVERNMENTAL  ENTITY.  STATE  GOVERNMENT  ENTITIES
 RESPONSIBLE  FOR EVALUATING RESPONSES TO A PROCUREMENT POSTING OR SOLIC-
 ITATION SHALL PROVIDE TO ANY PERSON, ORGANIZATION, GROUP OF PERSONS,  OR
 BUSINESS  ENTITY  THAT SUBMITS A PROPOSAL IN RESPONSE TO SUCH POSTING OR
 SOLICITATION NOTICE OF THE PROHIBITION ESTABLISHED BY THIS  SECTION  AND
 THE RESTRICTED CONTRIBUTION PERIOD COMMENCEMENT DATE.
   4.    (A)  FOR  BUSINESS  DEALINGS  WITH  A  GOVERNMENTAL  ENTITY, THE
 RESTRICTED CONTRIBUTION PERIOD SHALL COMMENCE, WITH RESPECT TO A SPECIF-
 IC PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS  ENTITY  WHEN  IT
 FILES  A  STATEMENT  OF  REGISTRATION  PURSUANT  TO SECTION ONE-E OF THE
 LEGISLATIVE LAW, TO GENERATE A PROCUREMENT OPPORTUNITY OR PILOT  PROGRAM
 OR  ENGAGES  LOBBYING, AS DEFINED BY SUBDIVISION (C) OF SECTION ONE-C OF
 THE LEGISLATIVE LAW, TO GENERATE  A  PROCUREMENT  OPPORTUNITY  OR  PILOT
 PROGRAM  OR  SUBMITS  A  BID,  QUOTATION, OFFER OR RESPONSE TO THE STATE
 GOVERNMENTAL ENTITY POSTING OR SOLICITATION, AT THE EARLIEST POSTING, ON
 A STATE GOVERNMENTAL ENTITY'S WEBSITE, IN A NEWSPAPER OF GENERAL  CIRCU-
 LATION OR IN THE PROCUREMENT OPPORTUNITIES NEWSLETTER IN ACCORDANCE WITH
 ARTICLE FOUR-C OF THE ECONOMIC DEVELOPMENT LAW OF WRITTEN NOTICE, ADVER-
 TISEMENT OR SOLICITATION OF A REQUEST FOR PROPOSAL, INVITATION FOR BIDS,
 OR  SOLICITATIONS  OF PROPOSALS, OR ANY OTHER METHOD PROVIDED FOR BY LAW
 OR REGULATION FOR SOLICITING  A  RESPONSE  FROM  OFFERERS  INTENDING  TO
 RESULT  IN A PROCUREMENT CONTRACT WITH A STATE GOVERNMENTAL ENTITY.  THE
 RESTRICTED CONTRIBUTION PERIOD DOES NOT APPLY TO A PERSON, ORGANIZATION,
 GROUP OF PERSONS OR BUSINESS  ENTITY  THAT  IS  RESPONDING  TO  A  STATE
 GOVERNMENTAL  ENTITY'S  REQUEST  FOR  INFORMATION OR OTHER INFORMATIONAL
 EXCHANGES OCCURRING PRIOR  TO  SUCH  GOVERNMENTAL  ENTITY'S  POSTING  OR
 SOLICITATION  FOR  PROCUREMENT  PROVIDED IT HAS NOT FILED A STATEMENT OF
 REGISTRATION PURSUANT TO SECTION ONE-E OF THE LEGISLATIVE LAW OR ENGAGED
 IN LOBBYING, TO GENERATE A PROCUREMENT OPPORTUNITY OR PILOT  PROGRAM  AS
 DEFINED  BY  SUBDIVISION (C) OF SECTION ONE-C OF THE LEGISLATIVE LAW, TO
 GENERATE A PROCUREMENT OPPORTUNITY OR PILOT PROGRAM.
   (B) LEASES IN WHICH A STATE GOVERNMENTAL ENTITY IS THE PROPOSED LESSEE
 SHALL ONLY CONSTITUTE BUSINESS DEALINGS WITH A STATE GOVERNMENTAL ENTITY
 FROM THE DATE THE APPLICATION FOR ACQUISITION IS FILED OR  THE  DATE  OF
 THE  CERTIFICATION OF SUCH APPLICATION TO A PERIOD OF ONE YEAR AFTER THE
 COMMENCEMENT OF THE LEASE TERM OR AFTER THE COMMENCEMENT OF ANY  RENEWAL
 AND,  WHERE THE STATE GOVERNMENTAL ENTITY IS DISPOSING OF ANY REAL PROP-
 ERTY INTEREST, SHALL ONLY CONSTITUTE  BUSINESS  DEALINGS  WITH  A  STATE
 GOVERNMENTAL  ENTITY  FROM  THE DATE OF THE SUBMISSION OF A PROPOSAL AND
 DURING THE TERM OF ANY AGREEMENT AND ONE YEAR AFTER.
   (C) BIDS OR  PROPOSALS  FOR  FRANCHISES  AND  CONCESSIONS  SHALL  ONLY
 CONSTITUTE  BUSINESS  DEALINGS  WITH A STATE GOVERNMENTAL ENTITY FOR THE
 PERIOD FROM THE SUBMISSION OF THE BID OR PROPOSAL UNTIL ONE  YEAR  AFTER
 THE  DATE OF SUCH SUBMISSION, CONCESSIONS SHALL ONLY CONSTITUTE BUSINESS
 DEALINGS WITH A STATE  GOVERNMENTAL  ENTITY  DURING  THE  TERM  OF  SUCH
 CONCESSION  AND  FOR ONE YEAR AFTER THE END OF SUCH TERM, AND FRANCHISES
 SHALL ONLY CONSTITUTE BUSINESS DEALINGS WITH A STATE GOVERNMENTAL ENTITY
 A. 7179                             5
 
 FOR THE PERIOD OF ONE YEAR AFTER THE COMMENCEMENT OF  THE  TERM  OF  THE
 FRANCHISE OR AFTER THE COMMENCEMENT OF ANY RENEWAL.
   (D)  GRANTS  SHALL  CONSTITUTE  BUSINESS DEALINGS WITH A STATE GOVERN-
 MENTAL ENTITY FOR ONE YEAR AFTER SUCH GRANT IS MADE.
   (E) ECONOMIC DEVELOPMENT AGREEMENTS SHALL CONSTITUTE BUSINESS DEALINGS
 WITH A STATE GOVERNMENTAL ENTITY FROM THE SUBMISSION OF  AN  APPLICATION
 FOR  SUCH  AGREEMENT  AND  DURING THE TERM OF SUCH AGREEMENT AND FOR ONE
 YEAR AFTER THE END OF SUCH TERM.
   (F) CONTRACTS FOR THE  INVESTMENT  OF  PENSION  FUNDS,  INCLUDING  THE
 INVESTMENTS  IN  A  PRIVATE  EQUITY  FIRM  AND CONTRACTS WITH INVESTMENT
 RELATED CONSULTANTS, SHALL CONSTITUTE BUSINESS  DEALINGS  WITH  A  STATE
 GOVERNMENTAL ENTITY FROM THE TIME OF PRESENTATION OF INVESTMENT OPPORTU-
 NITY  OR  THE SUBMISSION OF A PROPOSAL, WHICHEVER IS EARLIER, AND DURING
 THE TERM OF SUCH CONTRACT AND FOR ONE YEAR AFTER THE END OF SUCH TERM.
   5. THE RESTRICTED CONTRIBUTION PERIOD DESCRIBED IN THIS SECTION  SHALL
 END  FOR BUSINESS DEALINGS PURSUANT TO CLAUSE (A) OF SUBPARAGRAPH (I) OF
 PARAGRAPH (D) OF SUBDIVISION TWO OF  THIS  SECTION  WITH  RESPECT  TO  A
 SPECIFIC PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY IF:
   (A)  THE PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY IS
 THE RECIPIENT OF THE FINAL CONTRACT AWARD, THE  RESTRICTED  CONTRIBUTION
 PERIOD  SHALL END SIX MONTHS AFTER THE EXPIRATION OF THE FINAL CONTRACT;
 OR
   (B) THE PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY  IS
 NOT  THE  RECIPIENT OF THE FINAL CONTRACT AWARD, THE RESTRICTED CONTRIB-
 UTION PERIOD SHALL END WITH THE FINAL CONTRACT AWARD AND APPROVAL BY THE
 STATE GOVERNMENTAL ENTITY AND, WHERE APPLICABLE, THE STATE COMPTROLLER.
   6. THE RESTRICTED CONTRIBUTION PERIOD FOR A GOVERNMENTAL ENTITY  SHALL
 RECOMMENCE IF A PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTI-
 TY  ENGAGES IN ADDITIONAL BUSINESS DEALINGS WITH SUCH GOVERNMENTAL ENTI-
 TY.
   7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE OFFICE OF
 THE STATE COMPTROLLER,  IN  CONSULTATION  WITH  THE  OFFICE  OF  GENERAL
 SERVICES,  DIVISION  OF THE BUDGET, AND AUTHORITIES BUDGET OFFICE, SHALL
 CREATE, OPERATE, MAINTAIN, AND UPDATE A  COMPUTERIZED  SEARCHABLE  DATA-
 BASE,  OR  MODIFY  AN  EXISTING  DATABASE,  WHICH  CONTAINS THE NAMES OF
 PERSONS WHO HAVE BUSINESS DEALINGS OR SUBMIT BIDS OR PROPOSALS FOR BUSI-
 NESS DEALINGS WITH A STATE GOVERNMENTAL ENTITY. SUCH DATABASE  SHALL  BE
 UPDATED  AT  LEAST ONCE A MONTH IN ANY GENERAL ELECTION YEAR. SUCH DATA-
 BASE AND ALL REPORTED DATA ON SUCH DATABASE SHALL BE MADE  AVAILABLE  TO
 THE  PUBLIC  ON THE COMPTROLLER'S WEBSITE. SUCH DATABASE SHALL CONTAIN A
 FUNCTION TO ENABLE MEMBERS OF THE PUBLIC TO DETERMINE IF A GIVEN  PERSON
 IS  IN  THE  DATABASE  BECAUSE  SUCH PERSON HAS BUSINESS DEALINGS OR HAS
 SUBMITTED BIDS OR PROPOSALS FOR BUSINESS DEALINGS WITH A  STATE  GOVERN-
 MENTAL ENTITY AND THE DATE A PERSON IS CONSIDERED TO HAVE BUSINESS DEAL-
 ING  A  STATE  GOVERNMENTAL  ENTITY.  SUCH DATABASE SHALL ALSO CONTAIN A
 SEARCHABLE LIST OF PERSONS REMOVED FROM SUCH DATABASE WITHIN THE PRECED-
 ING FIVE YEARS, INCLUDING THE DATE THE PERSONS WERE CONSIDERED  TO  HAVE
 BUSINESS DEALINGS OR HAVE SUBMITTED BIDS OR PROPOSALS FOR BUSINESS DEAL-
 INGS  WITH A STATE GOVERNMENTAL ENTITY AND THE DATE OF REMOVAL FROM SUCH
 DATABASE.
   8. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A PERSON WHO:
 (A) HAS SUBMITTED BIDS OR PROPOSALS ON CONTRACTS FOR THE PROCUREMENT  OF
 GOODS, SERVICES OR CONSTRUCTION; (B) HAS SUBMITTED BIDS OR PROPOSALS FOR
 FRANCHISES  OR  CONCESSIONS  THAT  ARE NO LONGER BEING CONSIDERED FOR AN
 AWARD; OR (C) FOR ANY OTHER REASON BELIEVES HE OR SHE SHOULD NOT  BE  ON
 THE  DATABASE, MAY APPLY TO THE OFFICE OF THE STATE COMPTROLLER OR OTHER
 A. 7179                             6
 
 PERSON DESIGNATED BY THE COMPTROLLER FOR REMOVAL FROM THE  DATABASE  AND
 SHALL BE REMOVED FROM THE DATABASE UPON A DETERMINATION THAT SAID PERSON
 SHOULD NOT BE INCLUDED IN THE DATABASE.
   §  2.  Section  14-126  of the election law is amended by adding a new
 subdivision 8 to read as follows:
   8. (A) ANY PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS  ENTITY
 AS THAT TERM IS USED IN SECTION 14-131 OF THIS TITLE, WHO, UNDER CIRCUM-
 STANCES  EVINCING AN INTENT TO VIOLATE SUCH LAW, MAKES A CONTRIBUTION IN
 CONTRAVENTION OF SECTION 14-131 OR PARAGRAPH F  OF  SUBDIVISION  ONE  OF
 SECTION  14-114 OF THIS TITLE SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO
 EXCEED THE GREATER OF TEN THOUSAND DOLLARS OR AN  AMOUNT  EQUAL  TO  TWO
 HUNDRED  PERCENT  OF  THE  CONTRIBUTION,  TO BE RECOVERABLE IN A SPECIAL
 PROCEEDING OR CIVIL ACTION TO BE BROUGHT BY THE STATE BOARD OF ELECTIONS
 CHIEF ENFORCEMENT COUNSEL.
   (B) ANY PERSON WHO, ACTING AS OR ON BEHALF OF AN OFFICEHOLDER,  CANDI-
 DATE,  OR  POLITICAL  COMMITTEE,  ACCEPTS  A  CONTRIBUTION OR RECEIVES A
 TRANSFER IN CONTRAVENTION OF SECTION 14-131 OR PARAGRAPH F  OF  SUBDIVI-
 SION  ONE  OF  SECTION  14-114 OF THIS TITLE SHALL BE REQUIRED TO REFUND
 SUCH CONTRIBUTION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.