NY State Senate Bill 2023-S6247

Senate Bill S6247

2023-2024 Legislative Session

Relates to contributions from persons doing or seeking business dealings with a state governmental entity

download bill text pdf

Current 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 03, 2024	referred to elections returned to senate died in assembly
Jun 08, 2023	referred to election law delivered to assembly passed senate
Jun 01, 2023	ordered to third reading cal.1515 committee discharged and committed to rules
May 09, 2023	reported and committed to finance
Apr 06, 2023	referred to elections

Votes

- Jun 8, 2023 - Floor Vote
  S6247
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2023
      
      aye (62)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Cooney
  Jun 1, 2023 - Rules Committee Vote
  S6247
  
  19
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 1, 2023
      
      aye (19)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (2)
      
      Helming
      
      Lanza
  May 9, 2023 - Elections Committee Vote
  S6247
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: May 9, 2023
      
      aye (7)
      
      Borrello
      
      Kavanagh
      
      Martinez
      
      May
      
      Mayer
      
      Myrie
      
      Walczyk

co-Sponsors

2023-S6247 (ACTIVE) - Details

See Assembly Version of this Bill:: A7179
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §14-131, amd §14-126, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8039, A9924
2019-2020: S3167, A113
2021-2022: S483, A5839

2023-S6247 (ACTIVE) - Summary

Relates to contributions from persons doing or seeking business dealings with a state governmental entity.

2023-S6247 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6247

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to contributions from
persons doing or seeking business dealings with a state governmental
entity

 
PURPOSE:

Thisò bill would ban campaign contributions from a company seeking state
contracts to office holders with authority over procuring entities
during a restricted contribution period.

 
SUMMARY OF PROVISIONS:

Section 1 creates a new section 131 of Article 14 of the Election Law.
Subsection 1 provides the legislative findings.

Subsection 2 defines the terms "state governmental entity", "person",
"senior managerial capacity", "business dealing with a state government

entity", "intermediary", "restricted contribution period", and "business
entity".

Subsection 3 prohibits any business entity, person, organization or
group of persons who have placed a quote, bid or offer on a procurement
opportunity during the restricted contribution period, subject to comp-
troller approval contributing to officeholders with any direct influence
over the outcome and awarding of such procurement opportunity, or to
such officeholder's authorized political committee over which they have
operational control; contributions to a political committee over which
the officeholder holds no operational control but which are later trans-
ferred to such officeholder shall be unlawful; requires the state
government entity issuing a procurement solicitation to include a notice
of the prohibition on campaign contributions by persons submitting a
proposal in response to the solicitation; requires the state government
entity directly responsible for a business dealing to provide notice of
the commencement of the restricted contribution period.

Subsection 4 defines what transactions qualify as "business dealings"
and clarifies when certain entities can engage in "business dealings".

Subsection 5 defines when the restricted contribution period shall end.

Subsection 6 requires the restricted contribution period to recommence
if the business entity engages in another bid, quote, or other involve-
ment with a government procurement opportunity.

Subsection 7 requires the Office of the State Comptroller and the Office
of the Attorney General to create, operate, maintain and update a
computerized searchable database, or modify an existing database, which
contains the names of persons who have business dealings or submit bids
or proposals for business dealings with a state governmental entity.

Subsection 8 provides that a person may apply to the Office of the State
Comptroller in order to be removed from the computerized searchable
database.

Section 2 amends section 14-126 of Election Law by adding a new subdivi-
sion 8, providing that any business entity intentionally violating the
law is subject to a penalty of up to $10,000 or 200 percent of the
amount of the contribution, to be recoverable in a special proceeding
brought by the board of elections chief enforcement counsel. This
section further provides that any person acting on behalf of an office-
holder, candidate or political committee who receives a contribution in
contravention with the restricted contribution prohibition will be
required to refund the contribution.

Section 3 provides the effective date.

 
JUSTIFICATION:

The New York State government has over 50,000 contracts worth billions
of dollars with companies that provide products and services across
numerous industries. The United Nations, Transparency International and
Global Witness recognize the contracting process as vulnerable to
improper influence and "bid rigging." Allegations of bid rigging of
contacts in New York have led to indictments and trials of company exec-
utives and state officials in 2018. Nineteen states and New York City
have laws that restrict campaign contributions from entities seeking
government contracts.

Many state contracts are bid out through Requests for Proposals (RFPs).
Other contracts are the result of lobbying and engagement of government
by entities to make their products and services known to state offi-
cials, which may result in a competitive bid by the procuring entity or
a contract reached with a specific entity without a competitive bidding
process. Currently, when an entity presents its products and services to
a government entity, it may also make campaign contributions to office-
holders overseeing that entity. This may unfairly influence the procure-
ment process or create a perception of improper influence. This legis-
lation prohibits entities from making contributions to the officeholder
with authority over the bidding entity during a "restricted contribution
period." The "restricted contribution period" varies depending on an
entity's activities, but at minimum covers from when an RFP is issued to
when a contract is awarded when an entity makes a bid. The restricted
period lasts six months beyond the award of the contract for the winning
entity. An entity lobbying to create a procurement opportunity or on an
awarded contract is also prohibited from making contributions during
that time The prohibition will largely impact contributions to the
Governor, as most bidding entities are state agencies. Contributions to
legislators will only be banned if the legislature is bidding for a
product or service, and are limited to entities lobbying or bidding for
a specific contract for that particular product or service.

 
LEGISLATIVE HISTORY:

S483A of 2021-22: Passed Senate

S3167 of 2019-20: Passed Senate

S 8039 of 2018: Referred to Elections

(Similar to Governor's proposal, part ;L of A.3010 (Budget) /S.2010
(Budget) of 2017 and Part;L of A.9510 (Budget) /S.7510 (Budget) of 2018)

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTS ON FINES TERMS OF IMPRISONMENT AND OTHER PENAL SANCTIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall have become a
law.

2023-S6247 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6247
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               April 6, 2023
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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  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

 S. 6247                             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:
 S. 6247                             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
 S. 6247                             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
 S. 6247                             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
 S. 6247                             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.

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Senate Bill S6247

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