S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4527

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 24, 2009
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the legislative law, in relation to registration  filing
  fees  for  certain lobbying entities; and to repeal certain provisions
  of such law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  (c) of section 1-c of the legislative law is
REPEALED and a new subdivision (c) is added to read as follows:
  (C) THE TERM  "LOBBYING"  OR  "LOBBYING  ACTIVITIES"  SHALL  MEAN  ANY
ATTEMPT TO INFLUENCE:
  (I)  THE  PASSAGE  OR DEFEAT OF ANY LEGISLATION BY EITHER HOUSE OF THE
STATE LEGISLATURE OR APPROVAL OR DISAPPROVAL OF ANY LEGISLATION  BY  THE
GOVERNOR;
  (II) THE ADOPTION OR TERMS OF AN EXECUTIVE ORDER;
  (III)  THE ADOPTION, REJECTION, OR IMPLEMENTATION OF ANY RULE OR REGU-
LATION HAVING THE FORCE AND EFFECT OF LAW BY A STATE AGENCY;
  (IV) THE OUTCOME OF ANY RATE MAKING PROCEEDING BY A STATE AGENCY;
  (V) ANY ACTION OR DETERMINATION BY A PUBLIC OFFICIAL OR BY A PERSON OR
ENTITY WORKING IN COOPERATION WITH A PUBLIC OFFICIAL OR BY EITHER  HOUSE
OF  THE  STATE LEGISLATURE OR BY THE UNIFIED COURT SYSTEM RELATED TO THE
AWARD OR DENIAL OF ANY CONTRACT OR OTHER AGREEMENT FOR  THE  PROCUREMENT
OF  GOODS,  COMMODITIES,  SERVICES,  CONSTRUCTION,  PUBLIC  WORKS OR THE
PURCHASE, SALE, OR LEASE OF REAL PROPERTY, OR ANY INTEREST IN REAL PROP-
ERTY, ANY REVENUE CONTRACT  OR  ANY  OTHER  SIMILAR  TRANSACTION,  WHICH
ACTIONS  OR  DETERMINATIONS  SHALL  INCLUDE  BUT SHALL NOT BE LIMITED TO
ACTIONS OR DETERMINATIONS SETTING THE PROCUREMENT METHODOLOGY, THE TERMS
OF A REQUEST FOR PROPOSALS OR INVITATION FOR BIDS OR  OTHER  PROCUREMENT
SOLICITATIONS  AND  THEIR  EVALUATION,  THE  TERMS  OF THE CONTRACT, THE
SELECTION OF A CONTRACTOR, AND THE ADMINISTRATION,  IMPLEMENTATION,  AND
ENFORCEMENT OF A CONTRACT;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01771-01-9
              

S. 4527                             2

  (VI)  ANY  ACTION  OR  DECISION BY A PUBLIC OFFICIAL OR BY A PERSON OR
ENTITY WORKING IN COOPERATION WITH A PUBLIC OFFICIAL OR BY  A  MUNICIPAL
OFFICER  OR A PERSON OR ENTITY WORKING IN COOPERATION WITH THE MUNICIPAL
OFFICER IN RELATION TO THE APPROVAL OR DISAPPROVAL OR THE IMPLEMENTATION
AND ADMINISTRATION OF TRIBAL-STATE COMPACTS, MEMORANDA OF UNDERSTANDING,
OR  ANY  OTHER  TRIBAL-STATE AGREEMENTS AND ANY STATE ACTIONS RELATED TO
CLASS III GAMING AS PROVIDED IN 25 USC 2701, EXCEPT TO THE EXTENT DESIG-
NATION OF SUCH ACTIVITIES AS "LOBBYING" IS BARRED BY THE FEDERAL  INDIAN
GAMING REGULATORY ACT;
  (VII)  THE  PASSAGE OR DEFEAT OF ANY LOCAL LAW, ORDINANCE, RESOLUTION,
OR  REGULATION  BY  ANY  MUNICIPALITY  OR  SUBDIVISION  THEREOF  OR  THE
ADOPTION,  REJECTION,  OR  IMPLEMENTATION  OF  ANY  RULE, REGULATION, OR
RESOLUTION HAVING THE FORCE AND EFFECT OF A LOCAL LAW, ORDINANCE, RESOL-
UTION, OR REGULATION;
  (VIII) ANY RATE MAKING PROCEEDING BY ANY MUNICIPALITY  OR  SUBDIVISION
THEREOF; OR
  (IX) ANY ACTION OR DETERMINATION BY A MUNICIPAL OFFICER OR A PERSON OR
ENTITY  WORKING  IN COOPERATION WITH THE OFFICER RELATED TO THE AWARD OR
DENIAL OF ANY CONTRACT OR OTHER AGREEMENT FOR THE PROCUREMENT OF  GOODS,
COMMODITIES, SERVICES, CONSTRUCTION, PUBLIC WORKS OR THE PURCHASE, SALE,
OR LEASE OF REAL PROPERTY, OR ANY INTEREST IN REAL PROPERTY, ANY REVENUE
CONTRACT  OR  ANY  OTHER  SIMILAR TRANSACTION, WHICH ACTIONS OR DETERMI-
NATIONS SHALL INCLUDE BUT SHALL NOT BE LIMITED TO  ACTIONS  OR  DETERMI-
NATIONS  SETTING THE PROCUREMENT METHODOLOGY, THE TERMS OF A REQUEST FOR
PROPOSALS OR INVITATION FOR BIDS OR OTHER PROCUREMENT SOLICITATIONS  AND
THEIR EVALUATION, THE TERMS OF THE CONTRACT, THE SELECTION OF A CONTRAC-
TOR,  AND  THE  ADMINISTRATION,  IMPLEMENTATION,  AND  ENFORCEMENT  OF A
CONTRACT.
  THE TERM "LOBBYING" SHALL NOT INCLUDE:
  (1) PERSONS ENGAGED IN DRAFTING  LEGISLATION,  RULES,  REGULATIONS  OR
RATES,  ADVISING CLIENTS AND RENDERING OPINIONS ON PROPOSED LEGISLATION,
RULES, REGULATIONS OR RATES, WHERE SUCH PROFESSIONAL  SERVICES  ARE  NOT
OTHERWISE  CONNECTED WITH LEGISLATIVE OR EXECUTIVE ACTION ON SUCH LEGIS-
LATION, OR ADMINISTRATIVE ACTION ON SUCH RULES, REGULATIONS OR RATES;
  (2)  NEWSPAPERS  AND  OTHER  PERIODICALS  AND  RADIO  AND   TELEVISION
STATIONS,  AND  OWNERS AND EMPLOYEES THEREOF, PROVIDED THAT THEIR ACTIV-
ITIES IN CONNECTION WITH PROPOSED LEGISLATION, RULES, REGULATIONS, RATES
OR CONTRACTS OR OTHER AGREEMENTS FOR THE PROCUREMENT OF  GOODS,  COMMOD-
ITIES, SERVICES, CONSTRUCTION, OR PUBLIC WORKS BY A STATE AGENCY, MUNIC-
IPAL  AGENCY,  LOCAL  LEGISLATIVE  BODY,  THE  STATE LEGISLATURE, OR THE
UNIFIED COURT SYSTEM OR CONTRACTS OR OTHER AGREEMENTS FOR THE  PURCHASE,
SALE,  OR  LEASE  OF  REAL PROPERTY OR THE ACQUISITION OR GRANT OF OTHER
PROPERTY INTERESTS IN REAL PROPERTY BY A STATE AGENCY, MUNICIPAL AGENCY,
LOCAL LEGISLATIVE BODY, THE STATE  LEGISLATURE,  OR  THE  UNIFIED  COURT
SYSTEM,  ARE  LIMITED  TO  THE  PUBLICATION  OR BROADCAST OF NEWS ITEMS,
EDITORIALS OR OTHER COMMENTS, OR PAID ADVERTISEMENTS;
  (3) PERSONS WHO PARTICIPATE AS WITNESSES, ATTORNEYS OR OTHER REPRESEN-
TATIVES IN PUBLIC RULE MAKING OR RATE MAKING PROCEEDINGS OF A  STATE  OR
MUNICIPAL  AGENCY,  WITH  RESPECT  TO  ALL PARTICIPATION BY SUCH PERSONS
WHICH IS PART OF THE PUBLIC RECORD THEREOF AND ALL PREPARATION  BY  SUCH
PERSONS FOR SUCH PARTICIPATION;
  (4) PERSONS WHO ATTEMPT TO INFLUENCE A STATE OR MUNICIPAL AGENCY IN AN
ADJUDICATORY  PROCEEDING,  AS  "ADJUDICATORY  PROCEEDING"  IS DEFINED BY
SECTION ONE HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT;
  (5) PERSONS WHO PREPARE OR SUBMIT A RESPONSE TO A REQUEST FOR INFORMA-
TION OR COMMENTS BY THE STATE LEGISLATURE,  THE  GOVERNOR,  OR  A  STATE

S. 4527                             3

AGENCY OR A COMMITTEE OR OFFICER OF THE LEGISLATURE OR A STATE AGENCY OR
BY  A  LEGISLATIVE  OR  EXECUTIVE BODY OR OFFICER OF A MUNICIPALITY OR A
COMMISSION, COMMITTEE OR OFFICER OF A MUNICIPAL LEGISLATIVE OR EXECUTIVE
BODY;
  (6) ANY ATTEMPT BY A CHURCH, ITS INTEGRATED AUXILIARY, OR A CONVENTION
OR  ASSOCIATION  OF CHURCHES THAT IS EXEMPT FROM FILING A FEDERAL INCOME
TAX RETURN UNDER PARAGRAPH 2(A)(I) OF SECTION 6033(A) OF TITLE 26 OF THE
UNITED STATES CODE OR A RELIGIOUS ORDER THAT IS  EXEMPT  FROM  FILING  A
FEDERAL  INCOME  TAX  RETURN UNDER PARAGRAPH (2)(A)(III) OF SUCH SECTION
6033(A) TO INFLUENCE PASSAGE OR DEFEAT OF  A  LOCAL  LAW,  ORDINANCE  OR
REGULATION  OR  ANY  RULE OR REGULATION HAVING THE FORCE AND EFFECT OF A
LOCAL LAW, ORDINANCE OR REGULATION;
  (7) ANY ACTIVITY RELATING  TO  PROCUREMENTS  MADE  UNDER  SECTION  ONE
HUNDRED  SIXTY-TWO  OF  THE  STATE  FINANCE  LAW  UNDERTAKEN  BY (I) THE
NON-PROFIT-MAKING AGENCIES APPOINTED PURSUANT TO PARAGRAPH E OF SUBDIVI-
SION SIX OF SECTION ONE HUNDRED SIXTY-TWO OF THE STATE  FINANCE  LAW  BY
THE  COMMISSIONER  OF  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES, THE
COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED, OR  THE  COMMISSIONER
OF  EDUCATION, AND (II) THE QUALIFIED CHARITABLE NON-PROFIT-MAKING AGEN-
CIES FOR THE BLIND, AND QUALIFIED CHARITABLE NON-PROFIT-MAKING  AGENCIES
FOR  OTHER SEVERELY DISABLED PERSONS AS IDENTIFIED IN SUBDIVISION TWO OF
SECTION ONE HUNDRED SIXTY-TWO OF THE STATE FINANCE LAW;
  (8) PARTICIPANTS, INCLUDING THOSE APPEARING ON BEHALF OF A CLIENT,  IN
A PUBLICLY NOTICED CONFERENCE PURSUANT TO A REQUEST FOR PROPOSALS, INVI-
TATION FOR BIDS, OR OTHER SOLICITATIONS;
  (9)  PERSONS WHO HAVE BEEN TENTATIVELY AWARDED A CONTRACT OR REPRESENT
PERSONS WHO HAVE BEEN TENTATIVELY AWARDED A CONTRACT AND ARE ENGAGED  IN
COMMUNICATIONS  WITH  A  STATE  AGENCY  OR  MUNICIPALITY  SOLELY FOR THE
PURPOSE OF NEGOTIATING THE TERMS OF THE CONTRACT AFTER BEING NOTIFIED OF
SUCH AWARD OR PERSONS OR THEIR REPRESENTATIVES WHO ARE PURCHASING PURSU-
ANT TO AN EXISTING CONTRACT; OR PERSONS WHO CURRENTLY HOLD  A  FRANCHISE
AND  WHO  ARE  ENGAGED IN NEGOTIATING THE TERMS OF A TENTATIVE FRANCHISE
RENEWAL CONTRACT WITH A MUNICIPALITY, BUT SUCH  NEGOTIATIONS,  WHICH  DO
NOT  CONSTITUTE  LOBBYING,  DO  NOT  INCLUDE COMMUNICATIONS TO THE LOCAL
LEGISLATIVE BODY THAT MUST APPROVE THE CONTRACT;
  (10) PERSONS OR THE REPRESENTATIVES OF PERSONS WHO ARE A  PARTY  TO  A
PROTEST,  APPEAL  OR  OTHER  REVIEW  PROCEEDING  (INCLUDING THE APPARENT
SUCCESSFUL BIDDER OR PROPOSER AND HIS OR HER REPRESENTATIVE) OR  PERSONS
WHO  BRING COMPLAINTS OF ILLEGAL CONDUCT IN A PROCUREMENT PROCESS TO THE
COMPTROLLER'S OFFICE, THE ATTORNEY  GENERAL,  INSPECTOR  GENERAL,  OR  A
DISTRICT ATTORNEY;
  (11)  THE SUBMISSION OF A BID OR PROPOSAL (WHETHER SUBMITTED ORALLY OR
IN WRITING) IN RESPONSE TO A REQUEST FOR  PROPOSALS  OR  INVITATION  FOR
BIDS;
  (12) PROSPECTIVE BIDDERS OR PROPOSERS OR THEIR REPRESENTATIVES SUBMIT-
TING  WRITTEN  QUESTIONS TO A DESIGNATED AGENCY OR MUNICIPAL CONTACT SET
FORTH IN A REQUEST FOR PROPOSALS, OR INVITATION FOR BIDS; AND
  (13) APPLICATIONS FOR LICENSES, CERTIFICATES, AND  PERMITS  AUTHORIZED
BY OTHER STATUTES.
  S  2.  Subdivisions  (m) and (n) of section 1-c of the legislative law
are REPEALED and two new subdivisions (m) and (n) are added to  read  as
follows:
  (M)  THE TERM "RESTRICTED PERIOD" SHALL MEAN THE PERIOD OF TIME BEGIN-
NING WITH THE ISSUANCE OF A REQUEST FOR PROPOSAL, INVITATION  FOR  BIDS,
OR  SOLICITATION  OF  PROPOSALS,  OR  ANY  OTHER METHOD FOR SOLICITING A
RESPONSE FROM POTENTIAL CONTRACTORS INTENDING TO RESULT  IN  A  CONTRACT

S. 4527                             4

WITH A STATE AGENCY, MUNICIPALITY, THE STATE LEGISLATURE, OR STATE JUDI-
CIARY AND ENDING WITH THE TENTATIVE AWARD OF THE CONTRACT.
  (N)  FOR  PURPOSES  OF THIS ARTICLE, A REVENUE CONTRACT SHALL MEAN ANY
WRITTEN AGREEMENT BETWEEN AN AGENCY OR MUNICIPALITY AND A PRIVATE  INDI-
VIDUAL  OR  BUSINESS ENTITY WHEREBY THE AGENCY  OR MUNICIPALITY GIVES OR
GRANTS A CONCESSION, A FRANCHISE OR ANY  CONSIDERATION  OTHER  THAN  THE
PAYMENT OF MONEY.
  S  3.  Paragraphs  5  and  6  of subdivision (c) of section 1-e of the
legislative law, as amended by chapter  1  of  the  laws  of  2005,  are
amended to read as follows:
  (5)  the following information on which the lobbyist expects to lobby:
(i) a description of the general subject or subjects, (ii) the  legisla-
tive  bill  numbers  of  any  bills OR RESOLUTIONS, (iii) the numbers or
subject matter (if there are  no  numbers)  of  gubernatorial  executive
orders  or  executive  orders issued by the chief executive officer of a
municipality, (iv) the subject matter of and tribes involved in  tribal-
state  compacts,  memoranda  of understanding, or any other state-tribal
agreements and any state actions related to class III gaming as provided
in 25 U.S.C. S 2701, (v) the rule, regulation, and ratemaking numbers of
any rules, regulations, rates, or municipal ordinances and  resolutions,
or  proposed  rules,  regulations, or rates, or municipal ordinances and
resolutions, and (vi) the titles and  any  identifying  numbers  of  any
procurement contracts, BIDS, REQUESTS FOR PROPOSALS, INVITATION FOR BIDS
and  other documents disseminated by a state agency, either house of the
state legislature, the unified court system, municipal agency  or  local
legislative body in connection with a governmental procurement;
  (6)  the  name  of  the  [person,  organization,  or legislative body]
PERSONS, ORGANIZATIONS AND LEGISLATIVE BODIES before which the  lobbyist
is lobbying or expects to lobby;
  S  4. Paragraph 3 of subdivision (b) of section 1-h of the legislative
law, as amended by chapter 14 of the laws of 2007, is amended to read as
follows:
  (3) the following information on which the lobbyist has lobbied: (i) a
description of the general subject or  subjects,  (ii)  the  legislative
bill  numbers  of any bills OR RESOLUTIONS, (iii) the numbers or subject
matter (if there are no numbers) of gubernatorial  executive  orders  or
executive  orders  issued  by  the  chief executive officer of a munici-
pality, (iv) the subject matter of and tribes involved  in  tribal-state
compacts,  memoranda  of understanding, or any other state-tribal agree-
ments and any state actions related to class III gaming as  provided  in
25  U.S.C. S 2701, (v) the rule, regulation, and ratemaking or municipal
ordinance or resolution numbers of any rules, regulations, or  rates  or
ordinance  or  proposed  rules, regulations, or rates or municipal ordi-
nances or resolutions, and (vi) the titles and any  identifying  numbers
of any procurement contracts, BIDS, REQUESTS FOR PROPOSALS OR INVITATION
FOR  BIDS  and  other  documents  disseminated by a state agency, either
house of the state legislature,  the  unified  court  system,  municipal
agency  or  local  legislative  body  in  connection with a governmental
procurement;
  S 5. Paragraph 3 of subdivision (c) of section 1-j of the  legislative
law,  as amended by chapter 1 of the laws of 2005, is amended to read as
follows:
  (3)  the  following  information  on  which  each  lobbyist  retained,
employed  or  designated  by  such client has lobbied, and on which such
client has  lobbied:  (i)  a  description  of  the  general  subject  or
subjects, (ii) the legislative bill numbers of any bills OR RESOLUTIONS,

S. 4527                             5

(iii)  the numbers or subject matter (if there are no numbers) of guber-
natorial executive orders or executive orders issued by the chief execu-
tive officer of a municipality, (iv) the subject matter  of  and  tribes
involved  in  tribal-state  compacts, memoranda of understanding, or any
other state-tribal agreements and any state actions related to class III
gaming as provided in 25 U.S.C. 2701,  (v)  the  rule,  regulation,  and
ratemaking  or  municipal  resolution or ordinance numbers of any rules,
regulations,  or  rates,  or  municipal  resolutions  or  ordinances  or
proposed rules, regulations, or rates, or municipal ordinances or resol-
utions  and  (vi) the titles and any identifying numbers of any procure-
ment contracts, BIDS, REQUESTS FOR PROPOSALS OR INVITATION FOR BIDS  and
other  documents  disseminated  by  a  state agency, either house of the
state legislature, the unified court system, municipal agency  or  local
legislative body in connection with a governmental procurement;
  S  6. Section 1-k of the legislative law is REPEALED and a new section
1-k is added to read as follows:
  S 1-K. CONTINGENT RETAINER. (A) NO CLIENT SHALL RETAIN OR  EMPLOY  ANY
LOBBYIST  FOR  COMPENSATION, THE RATE OR AMOUNT OF WHICH COMPENSATION IN
WHOLE OR PART IS CONTINGENT OR DEPENDENT UPON: (I) THE PASSAGE OR DEFEAT
OF ANY LEGISLATIVE BILL OR THE APPROVAL OR VETO OF  ANY  LEGISLATION  BY
THE  GOVERNOR,  THE  ADOPTION  OR  TERMS  OF  AN EXECUTIVE ORDER, OR THE
ADOPTION, REJECTION, OR IMPLEMENTATION OF ANY CODE, RULE  OR  REGULATION
HAVING  THE  FORCE  AND EFFECT OF LAW, OR THE OUTCOME OF ANY RATE MAKING
PROCEEDING BY A STATE AGENCY OR THE ACCEPTANCE OF OR DECISION  REGARDING
ANY  BID  OR  CONTRACT  BY A STATE AGENCY OR AGREEMENT FOR THE PURCHASE,
SALE, OR LEASE OF REAL PROPERTY OR ANY INTEREST IN  REAL  PROPERTY,  ANY
REVENUE  CONTRACT  OR  ANY  OTHER  SIMILAR TRANSACTION, WHICH ACTIONS OR
DETERMINATIONS SHALL INCLUDE BUT SHALL NOT  BE  LIMITED  TO  ACTIONS  OR
DETERMINATIONS  SETTING  THE  PROCUREMENT  METHODOLOGY,  THE  TERMS OF A
REQUEST FOR PROPOSALS OR INVITATION FOR BIDS OR OTHER PROCUREMENT SOLIC-
ITATIONS AND THEIR EVALUATION, THE TERMS OF THE CONTRACT, THE  SELECTION
OF A CONTRACTOR, AND THE ADMINISTRATION, IMPLEMENTATION, AND ENFORCEMENT
OF  A  CONTRACT, THE APPROVAL OR DISAPPROVAL OF A TRIBAL-STATE AGREEMENT
OR (II) THE PASSAGE OR DEFEAT OF ANY LOCAL LAW,  ORDINANCE,  RESOLUTION,
OR  REGULATION  BY  ANY  MUNICIPALITY  OR  SUBDIVISION  THEREOF,  OR THE
ADOPTION, REJECTION, OR IMPLEMENTATION OF ANY RULE, RESOLUTION, OR REGU-
LATION HAVING THE FORCE OR EFFECT OF A LOCAL LAW, ORDINANCE, RESOLUTION,
OR REGULATION, OR THE OUTCOME OF ANY RATEMAKING PROCEEDING BY ANY  MUNI-
CIPALITY OR SUBDIVISION THEREOF OR THE ACCEPTANCE OF OR DECISION REGARD-
ING ANY BID OR CONTRACT OR AGREEMENT FOR THE PURCHASE, SALE, OR LEASE OF
REAL  PROPERTY  OR GRANT OF OTHER INTEREST IN REAL PROPERTY BY A MUNICI-
PALITY, THE DECISION OF ANY  MUNICIPAL  OFFICIAL  REGARDING  PROCUREMENT
METHODOLOGY,  TERMS  OF  BIDS  OR  SOLICITATIONS, OR THE ADMINISTRATION,
IMPLEMENTATION, AND ENFORCEMENT OF A CONTRACT. THIS  SECTION  SHALL  NOT
APPLY  TO  COMMISSION  SALESPERSONS.  THE  TERM "COMMISSION SALESPERSON"
SHALL MEAN ANY PERSON THE PRIMARY PURPOSE  OF  WHOSE  EMPLOYMENT  IS  TO
CAUSE  OR PROMOTE THE SALE OF, OR TO INFLUENCE OR INDUCE ANOTHER TO MAKE
A PURCHASE OF GOODS, COMMODITIES, OR SERVICES, WHETHER SUCH PERSON IS AN
EMPLOYEE (AS THAT TERM IS DEFINED FOR TAX PURPOSES) OF OR AN INDEPENDENT
CONTRACTOR FOR A VENDOR, PROVIDED THAT AN INDEPENDENT  CONTRACTOR  SHALL
HAVE A WRITTEN CONTRACT FOR A TERM OF NOT LESS THAN SIX MONTHS OR FOR AN
INDEFINITE  TERM,  AND WHICH PERSON SHALL BE COMPENSATED, IN WHOLE OR IN
PART, BY THE PAYMENT OF A PERCENTAGE AMOUNT OF ALL OR A SUBSTANTIAL PART
OF THE SALES WHICH SUCH  PERSON  HAS  CAUSED,  PROMOTED,  INFLUENCED  OR
INDUCED, PROVIDED, HOWEVER, THAT NO PERSON SHALL BE CONSIDERED A COMMIS-
SION SALESPERSON WITH RESPECT TO ANY SALE TO OR PURCHASE BY AN AGENCY OF

S. 4527                             6

THE  STATE  OR  MUNICIPALITY  IF THE PERCENTAGE AMOUNT OF ANY COMMISSION
PAYABLE WITH RESPECT TO SUCH SALE OR PURCHASE IS SUBSTANTIALLY IN EXCESS
OF ANY COMMISSION PAYABLE WITH RESPECT  TO  ANY  COMPARABLE  SALE  TO  A
PURCHASER THAT IS NOT AN AGENCY OF THE STATE OR MUNICIPALITY.
  (B)  NO PERSON SHALL ACCEPT SUCH A RETAINER OR EMPLOYMENT. A VIOLATION
OF THIS SECTION SHALL BE A CLASS A MISDEMEANOR.
  S 7. Section 1-n of the legislative law is REPEALED and a new  section
1-n is added to read as follows:
  S 1-N. RESTRICTED CONTACTS. 1.  DURING THE RESTRICTED PERIOD, A POTEN-
TIAL  CONTRACTOR  OR  ITS  REPRESENTATIVE  SHALL  NOT ENGAGE IN LOBBYING
ACTIVITIES CONCERNING A PENDING CONTRACT DECISION BY MAKING CONTACT WITH
AN OFFICER, EMPLOYEE, AGENT, CONSULTANT OR OTHER REPRESENTATIVE  OF  THE
CONTRACTING AGENCY OR MUNICIPALITY, INCLUDING THE EXECUTIVE CHAMBER IF A
STATE  AGENCY  IS  THE  CONTRACTING ENTITY OR, IF THE LEGISLATURE IS THE
CONTRACTING ENTITY, ANY ELECTED LEGISLATOR OR LEGISLATIVE STAFF,  OR  IF
THE  JUDICIARY IS THE CONTRACTING ENTITY, ANY JUDICIAL OFFICER OR STAFF,
WHO IS NOT DESIGNATED BY THE CONTRACTING ENTITY AS A CONTACT  PERSON  TO
WHOM  SUCH COMMUNICATION MUST BE DIRECTED.  THE PROHIBITION SET FORTH IN
THE PRECEDING SENTENCE SHALL NOT APPLY  TO  ANY  CONTACTS  DESCRIBED  IN
SUBDIVISION TWO OF THIS SECTION.
  2. A COMPLAINT BY A POTENTIAL CONTRACTOR OR REPRESENTATIVE OF A POTEN-
TIAL CONTRACTOR REGARDING THE CONTRACTING PROCESS MAY BE MADE IN WRITING
TO  THE  GENERAL  COUNSEL'S  OFFICE  OF  THE STATE AGENCY, MUNICIPALITY,
LEGISLATIVE BODY OR JUDICIAL ENTITY  CONDUCTING  THE  PROCUREMENT.  SUCH
OFFICE  SHALL  UPON  RECEIPT  HAVE FIVE BUSINESS DAYS TO ISSUE A WRITTEN
RESPONSE TO THE COMPLAINANT.  NOTHING IN THIS SECTION SHALL BE DEEMED TO
PREVENT OR DELAY ANY PERSON FROM, AT ANY TIME, SUBMITTING A COMPLAINT OR
AN APPEAL REGARDING THE PROCUREMENT OR CONTRACTING PROCESS  TO  (I)  THE
STATE COMPTROLLER; (II) THE INSPECTOR GENERAL; (III) THE ATTORNEY GENER-
AL; (IV) A DISTRICT ATTORNEY; OR (V) ANY OTHER LAW ENFORCEMENT AGENCY.
  S  8. Section 1-t of the legislative law is REPEALED and a new section
1-t is added to read as follows:
  S 1-T. ADVISORY COUNCIL ON PROCUREMENT LOBBYING. (A)  THERE  SHALL  BE
WITHIN  THE COMMISSION, AN ADVISORY COUNCIL ON PROCUREMENT LOBBYING. THE
COUNCIL SHALL BE COMPOSED OF NINE MEMBERS AS FOLLOWS:
  (I) THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES, OR HIS OR  HER
DESIGNEE;
  (II) THE STATE COMPTROLLER, OR HIS OR HER DESIGNEE;
  (III) THE ATTORNEY GENERAL, OR HIS OR HER DESIGNEE;
  (IV) ONE MEMBER APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
  (V) ONE MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  (VI) ONE MEMBER APPOINTED BY THE SENATE MINORITY LEADER;
  (VII) ONE MEMBER APPOINTED BY THE ASSEMBLY MINORITY LEADER;
  (VIII)  ONE  MEMBER  APPOINTED  BY THE GOVERNOR WHO SHALL BE REPRESEN-
TATIVE OF PUBLIC AUTHORITIES OR PUBLIC BENEFIT CORPORATIONS; AND
  (IX) ONE MEMBER APPOINTED BY THE CHIEF JUDGE OF THE COURT OF APPEALS.
  (B) THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES, BUT SHALL BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  (C) THE COUNCIL SHALL PROVIDE ADVICE TO THE COMMISSION WITH RESPECT TO
THE  IMPLEMENTATION OF THE PROVISIONS OF THIS ARTICLE AS SUCH PROVISIONS
PERTAIN TO PROCUREMENT LOBBYING.
  (D) THE COUNCIL SHALL ANNUALLY REPORT TO THE LEGISLATURE ANY  PROBLEMS
IN  THE  IMPLEMENTATION  OF  THE  PROVISIONS  OF  THIS  ARTICLE  AS SUCH
PROVISIONS PERTAIN TO PROCUREMENT LOBBYING. THE COUNCIL SHALL INCLUDE IN

S. 4527                             7

THE REPORT ANY RECOMMENDED CHANGES TO INCREASE THE EFFECTIVENESS OF THAT
IMPLEMENTATION.
  (E)  THE  COUNCIL  SHALL,  BY  OCTOBER THIRTIETH, TWO THOUSAND ELEVEN,
SUBMIT A REPORT TO THE LEGISLATURE ON THE  EFFECTS  OF  THE  PROCUREMENT
PROVISIONS AS SET FORTH IN THIS ARTICLE INCLUDING BUT NOT LIMITED TO ANY
CHANGES  IN  THE  NUMBER  AND  NATURE OF VENDORS AND PROSPECTIVE VENDORS
AFTER JANUARY FIRST, TWO THOUSAND EIGHT.
  S 9. This act shall take effect immediately; provided,  however,  that
section  one  of this act shall take effect on the first of January next
succeeding the date on which this act shall have become a law.