S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9697
 
                             I N  S E N A T E
 
                               May 21, 2024
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- (at request of the State Comptroller) --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Elections
 
 AN  ACT to amend the election law and the state finance law, in relation
   to campaign contributions by vendors
 
   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. RESTRICTIONS ON VENDOR CONTRIBUTIONS.  1.  FOR  PURPOSES  OF
 THIS  SECTION,  THE  FOLLOWING  TERMS  WILL  HAVE THE FOLLOWING MEANINGS
 UNLESS SPECIFIED OTHERWISE:
   (A) "PROCURING ENTITY" SHALL MEAN:
   (I) ANY STATE AGENCY, DEPARTMENT, BOARD, BUREAU, DIVISION, COMMISSION,
 COMMITTEE, COUNCIL, OFFICE, STATE UNIVERSITY OF NEW YORK, CITY UNIVERSI-
 TY OF NEW YORK, OR OTHER GOVERNMENTAL ENTITY PERFORMING  A  GOVERNMENTAL
 OR PROPRIETARY FUNCTION FOR THE STATE; AND
   (II)  ANY  COVERED AUTHORITY, AS DEFINED IN SECTION TWO-A OF THE STATE
 FINANCE LAW.
   (B) "VENDOR" SHALL MEAN ANY NATURAL OR LEGAL PERSON,  BUSINESS  CORPO-
 RATION,  PUBLIC  CORPORATION, PROFESSIONAL SERVICES CORPORATION, LIMITED
 LIABILITY COMPANY, PARTNERSHIP,  LIMITED  PARTNERSHIP,  BUSINESS  TRUST,
 ASSOCIATION, LABOR ORGANIZATION, RELIGIOUS CORPORATION, EDUCATION CORPO-
 RATION,  OR  NOT-FOR-PROFIT CORPORATION ORGANIZED UNDER THE LAWS OF THIS
 STATE, OR ANY OTHER STATE OR FOREIGN JURISDICTION, SEEKING TO ENTER INTO
 A PROCUREMENT CONTRACT WITH ANY  PROCURING  ENTITY  OR  THE  LEGISLATURE
 INCLUDING:
   (I)  KEY EMPLOYEES, WHICH SHALL MEAN OFFICERS, MEMBERS OF THE BOARD OF
 DIRECTORS AND TRUSTEES, AND SHALL INCLUDE THE SPOUSE OR DOMESTIC PARTNER
 AND ANY DEPENDENT CHILDREN LIVING IN THE SAME HOUSEHOLD AS AN INDIVIDUAL
 DESCRIBED IN THIS SUBPARAGRAPH;
   (II) ANY SUBSIDIARY, PARENT CORPORATION OR AFFILIATED COMPANY OR ENTI-
 TY THEREOF DIRECTLY OR INDIRECTLY CONTROLLED BY THE VENDOR;
   (III) ANY SUBCONTRACTOR OF A VENDOR; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10367-04-4
 S. 9697                             2
 
   (IV) ANY LOBBYIST HIRED BY A VENDOR.
   (C)  "RESTRICTED  PERIOD" SHALL MEAN A PERIOD DURING WHICH A VENDOR IS
 PROHIBITED FROM MAKING A CONTRIBUTION TO A PROCURING ENTITY.
   (I) THE "RESTRICTED PERIOD" SHALL COMMENCE THE EARLIER OF:
   (1) WHEN THE VENDOR ENGAGES IN LOBBYING, AS DEFINED BY SUBDIVISION (C)
 OF SECTION ONE-C OF THE LEGISLATIVE LAW, TO  ATTEMPT  TO  INFLUENCE  THE
 RESULTS OF A PROCUREMENT;
   (2)  AT  THE  EARLIEST  POSTING, ON A PROCURING ENTITY'S WEBSITE, IN A
 NEWSPAPER OF GENERAL CIRCULATION, OR IN  THE  PROCUREMENT  OPPORTUNITIES
 NEWSLETTER IN ACCORDANCE WITH ARTICLE FOUR-C OF THE ECONOMIC DEVELOPMENT
 LAW  OF  WRITTEN  NOTICE, ADVERTISEMENT OR SOLICITATION OF A REQUEST FOR
 PROPOSAL, INVITATION FOR BIDS, OR  SOLICITATION  OF  PROPOSALS,  OR  ANY
 OTHER  METHOD  PROVIDED FOR BY LAW, REGULATION OR EXECUTIVE ORDER OF THE
 GOVERNOR TEMPORARILY SUSPENDING ANY APPLICABLE PROVISION OF LAW,  PURSU-
 ANT TO HIS OR HER AUTHORITY UNDER SECTION TWENTY-NINE-A OF THE EXECUTIVE
 LAW,  FOR  SOLICITING  A  RESPONSE  INTENDING TO RESULT IN A PROCUREMENT
 CONTRACT WITH A PROCURING ENTITY; OR
   (3) WHEN THE PROCURING ENTITY ENGAGES THE VENDOR FOR  THE  PURPOSE  OF
 ENTERING INTO A NON-COMPETITIVE PROCUREMENT CONTRACT.
   (II) THE "RESTRICTED PERIOD" SHALL END EITHER:
   (1)  WHERE  APPROVAL  BY  THE  STATE  COMPTROLLER IS REQUIRED: (A) SIX
 MONTHS AFTER THE FINAL PROCUREMENT CONTRACT AWARD AND  APPROVAL  BY  THE
 STATE  COMPTROLLER, FOR THE RECIPIENT OF THE FINAL PROCUREMENT CONTRACT;
 OR (B) WITH THE FINAL PROCUREMENT CONTRACT AWARD  AND  APPROVAL  BY  THE
 STATE COMPTROLLER, FOR ALL OTHERS; OR
   (2)  WHERE  APPROVAL BY THE STATE COMPTROLLER IS NOT REQUIRED: (A) SIX
 MONTHS AFTER THE FINAL PROCUREMENT CONTRACT AWARD AND EXECUTION  BY  THE
 PROCURING  ENTITY,  FOR THE RECIPIENT OF THE FINAL PROCUREMENT CONTRACT;
 OR (B) WITH THE FINAL PROCUREMENT CONTRACT AWARD AND  EXECUTION  BY  THE
 PROCURING ENTITY, FOR ALL OTHERS.
   (D)  "PROCUREMENT CONTRACT" SHALL MEAN ANY CONTRACT OR OTHER AGREEMENT
 VALUED IN EXCESS OF FIFTY THOUSAND DOLLARS, INCLUDING  BUT  NOT  LIMITED
 TO,  SINGLE OR SOLE SOURCE CONTRACTS, PURCHASE ORDERS, AMENDMENT, EXTEN-
 SION, RENEWAL, OR CHANGE ORDER  TO  AN  EXISTING  CONTRACT,  OTHER  THAN
 AMENDMENTS,  EXTENSIONS,  RENEWALS, OR CHANGE ORDERS THAT ARE AUTHORIZED
 AND PAYABLE UNDER THE TERMS OF THE CONTRACT AS IT WAS  FINALLY  AWARDED,
 FOR AN ARTICLE OF PROCUREMENT.
   2. IT SHALL BE UNLAWFUL FOR A VENDOR TO MAKE, EITHER DIRECTLY OR INDI-
 RECTLY, ANY CONTRIBUTION, AS DEFINED IN SECTION 14-100 OF THIS TITLE, TO
 A  STATEWIDE  ELECTED  OFFICIAL,  A  CANDIDATE  FOR  A STATEWIDE ELECTED
 OFFICE, OR THEIR AUTHORIZED POLITICAL COMMITTEE, DURING  THE  RESTRICTED
 PERIOD.  ANY  CONTRIBUTIONS  RECEIVED  BY  A CANDIDATE, OFFICEHOLDER, OR
 POLITICAL COMMITTEE DURING THE RESTRICTED PERIOD, AND PROHIBITED BY THIS
 SECTION, SHALL BE RETURNED OR REFUNDED FORTHWITH.
   3. EVERY PROCUREMENT CONTRACT SHALL INCLUDE A STATEMENT,  AS  REQUIRED
 BY  SECTION ONE HUNDRED THIRTY-NINE-M OF THE STATE FINANCE LAW, CERTIFY-
 ING THAT THE VENDOR HAS NOT MADE ANY CONTRIBUTIONS TO, OR SOLICITED  ANY
 CONTRIBUTIONS  ON  BEHALF OF, ANY STATEWIDE ELECTED OFFICIAL, ANY CANDI-
 DATE TO STATEWIDE ELECTED OFFICE, OR THEIR AUTHORIZED POLITICAL  COMMIT-
 TEE DURING THE RESTRICTED PERIOD.
   4. (A) UPON NOTIFICATION THAT A VENDOR HAS VIOLATED SUBDIVISION TWO OF
 THIS  SECTION  OR  HAS  FAILED  TO  TIMELY DISCLOSE ACCURATE OR COMPLETE
 INFORMATION TO A PROCURING ENTITY PURSUANT TO SECTION ONE HUNDRED  THIR-
 TY-NINE-M  OF  THE STATE FINANCE LAW, THE VENDOR SHALL BE PRESUMED TO BE
 NON-RESPONSIBLE AND THE PROCURING ENTITY SHALL CONSIDER THIS PRESUMPTION
 S. 9697                             3
 
 AS PART OF THEIR DETERMINATION OF RESPONSIBILITY, PURSUANT  TO  SUBDIVI-
 SION NINE OF SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW.
   (B) THE PROCURING ENTITY SHALL, IN ITS DETERMINATION OF VENDOR RESPON-
 SIBILITY,  NOTIFY THE VENDOR OF THE PRESUMPTION IN PARAGRAPH (A) OF THIS
 SUBDIVISION AND PROVIDE THE VENDOR WITH AN OPPORTUNITY TO BE HEARD PRIOR
 TO MAKING A FINAL DETERMINATION OF RESPONSIBILITY.
   (C) A PROCURING ENTITY SHALL NOT AWARD A  PROCUREMENT  CONTRACT  TO  A
 VENDOR THAT IS FOUND NON-RESPONSIBLE, UNLESS THE PROCURING ENTITY DETER-
 MINES THAT THE AWARD OF THE PROCUREMENT CONTRACT TO THE VENDOR IS NECES-
 SARY TO PROTECT PUBLIC PROPERTY OR PUBLIC HEALTH OR SAFETY, AND THAT THE
 VENDOR  IS  THE ONLY SOURCE CAPABLE OF SUPPLYING THE REQUIRED ARTICLE OF
 PROCUREMENT WITHIN THE NECESSARY TIMEFRAME, PROVIDED, THAT THE PROCURING
 ENTITY SHALL INCLUDE IN THE PROCUREMENT RECORD  A  STATEMENT  DESCRIBING
 THE BASIS FOR SUCH A FINDING.
   (D)  ANY  AWARD OF A PROCUREMENT CONTRACT SUBJECT TO THE PROVISIONS OF
 THIS SECTION SHALL CONTAIN A PROVISION AUTHORIZING THE PROCURING  ENTITY
 TO  TERMINATE  SUCH CONTRACT IN THE EVENT THAT THE STATEMENT REQUIRED IN
 SECTION ONE HUNDRED THIRTY-NINE-M OF THE STATE FINANCE LAW IS  FOUND  TO
 BE  INTENTIONALLY  FALSE  OR  INTENTIONALLY INCOMPLETE. THE GOVERNMENTAL
 ENTITY SHALL INCLUDE IN THE PROCUREMENT RECORD  A  STATEMENT  DESCRIBING
 THE BASIS FOR ANY ACTION TAKEN PURSUANT TO SUCH TERMINATION PROVISION.
   5. NOTWITHSTANDING THE FOREGOING, THE PROVISIONS OF THIS SECTION SHALL
 NOT  APPLY  TO  A  PROCUREMENT CONTRACT BETWEEN A PROCURING ENTITY AND A
 VENDOR WHERE THE PROCUREMENT CONTRACT RESULTS  FROM  SUCH  VENDOR  BEING
 DESIGNATED  BY THE LEGISLATURE TO RECEIVE FUNDING FOR A SPECIFIC PROGRAM
 PURPOSE.
   § 2. The state finance law is amended by adding a new section 139-m to
 read as follows:
   § 139-M. STATEMENT ON VENDOR CONTRIBUTIONS. 1. FOR  PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "PROCUREMENT  CONTRACT" SHALL HAVE THE SAME MEANING AS DEFINED IN
 PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION 14-131 OF THE ELECTION LAW.
   (B) "PROCURING ENTITY" SHALL HAVE THE SAME MEANING AS DEFINED IN PARA-
 GRAPH (A) OF SUBDIVISION ONE OF SECTION 14-131 OF THE ELECTION LAW.
   (C) "RESTRICTED PERIOD" SHALL HAVE THE  SAME  MEANING  AS  DEFINED  IN
 PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 14-131 OF THE ELECTION LAW.
   (D)  "VENDOR"  SHALL HAVE THE SAME MEANING AS DEFINED IN PARAGRAPH (B)
 OF SUBDIVISION ONE OF SECTION 14-131 OF THE ELECTION LAW.
   2. EVERY PROCUREMENT CONTRACT ENTERED INTO BETWEEN THE  STATE  OR  ANY
 PROCURING  ENTITY  THEREOF  AND  A  VENDOR,  SHALL CONTAIN THE FOLLOWING
 STATEMENT SUBSCRIBED BY THE VENDOR AND AFFIRMED BY SUCH VENDOR  AS  TRUE
 UNDER THE PENALTIES OF PERJURY:
   "BY  SUBMISSION  OF  THIS PROCUREMENT CONTRACT, EACH PERSON SIGNING ON
 BEHALF OF ANY VENDOR  CERTIFIES,  THAT  THE  VENDOR  HAS  NOT  MADE  ANY
 CONTRIBUTIONS  TO,  OR  SOLICITED  ANY  CONTRIBUTIONS  ON BEHALF OF, ANY
 STATEWIDE ELECTED OFFICIAL, ANY CANDIDATE TO STATEWIDE  ELECTED  OFFICE,
 OR  CANDIDATES AUTHORIZED POLITICAL COMMITTEE OR ANY POLITICAL COMMITTEE
 THE OFFICEHOLDER OR CANDIDATE EXERTS OPERATIONAL  CONTROL  OVER,  DURING
 THE  RESTRICTED  PERIOD  AND AS OF THE DATE OF SUBMISSION OF THIS STATE-
 MENT."
   3. NOTWITHSTANDING THE FOREGOING, THE STATEMENT REQUIRED  BY  SUBDIVI-
 SION  TWO  OF THIS SECTION MAY BE SUBMITTED ELECTRONICALLY IN ACCORDANCE
 WITH THE PROVISIONS OF SUBDIVISION SEVEN OF SECTION ONE  HUNDRED  SIXTY-
 THREE OF THIS CHAPTER.
 S. 9697                             4
 
   4. A PROCUREMENT CONTRACT SHALL NOT BE CONSIDERED FOR AWARD, NOR SHALL
 ANY  AWARD BE MADE TO A VENDOR WHO HAS NOT COMPLIED WITH SUBDIVISION TWO
 OF THIS SECTION.
   §  3. Paragraph f of subdivision 9 of section 163 of the state finance
 law, as amended by chapter 1 of the laws of 2005, is amended to read  as
 follows:
   f.  Prior to making an award of contract, each state agency shall make
 a determination of responsibility of the proposed contractor which shall
 supplement, as appropriate,  but  not  supersede  the  determination  of
 responsibility  that  may  be  required  pursuant to section one hundred
 thirty-nine-k of this chapter OR SECTION 14-131 OF THE ELECTION LAW.
   § 4. This act shall take effect immediately; provided, however, that:
   (a) procurement contracts for which bid solicitations have been issued
 prior to the effective date of this act shall  not  be  subject  to  the
 provisions of this act; and
   (b)  the  amendments  to  section 163 of the state finance law made by
 section three of this act shall not affect the repeal  of  such  section
 and shall be deemed repealed therewith.