NY State Senate Bill 2017-S1163

Archive: Last 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to elections
Jan 06, 2017	referred to elections

2017-S1163 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §14-125, El L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S2199
2019-2020: S507
2021-2022: S4135
2023-2024: S986

2017-S1163 (ACTIVE) - Summary

Establishes the New York state business contract database.

2017-S1163 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1163

 TITLE OF BILL :  An act to amend the election law, in relation to
establishing the New York state business contract database

 PURPOSE OF BILL :

To establish a statewide "pay to play" database of those entities who
have a business relationship with the state, and to limit political
contributions from those entities.

 SUMMARY OF PROVISIONS :

Section 1. Adds a new section 14-125 to the election law to establish
the New York state business contract database_ Subdivi currently
maintained by the comptroller may serve as the New York state business
contract database, provided it fulfills the requirements of this
section.

Subdivision 2 of this new section restricts political contributions to
candidates and political committees of such candidates for any
election for a public office or for nomination to any such office to
four hundred dollars in the aggregate from any person or entity who
has a business relationship with the state. This subdivision also
governs the handling of violations and the disposition of monies
involved, and lastly provides the board of elections, in conjunction

with the state comptroller, authorization to promulgate rules and
regulations.

Section 2. Effective date.

 JUSTIFICATION :

The actuality, or even appearance, of large campaign contributions
from entities doing business with the state governing the direction of
public policy is a disservice to the people of New York. The voice of
the citizens can be drowned out by the influence of large contributors
who have a vested interest in maintaining the status quo for their own
benefit. In addition, New York's business men and women deserve a
level playing field when it comes to procuring state contracts and
business, without the influence of political contributions tainting
the process. By creating a centralized database of those individuals
and entities who have business with the state and limiting the
political contributions from those entities, we can ensure that the
citizens of New York have an equal voice in their government and that
any qualified New York business has an equal chance of securing state
contracts.

 LEGISLATIVE HISTORY :

2015-16: S2199B - Elections

 EFFECTIVE DATE :
This act shall take effect January 1, 2019.

2017-S1163 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1163
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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.

                                                            LBD01951-01-7

 S. 1163                             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, 2019.

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Senate Bill S1163

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

2017-S1163 (ACTIVE) - Details

2017-S1163 (ACTIVE) - Summary

2017-S1163 (ACTIVE) - Sponsor Memo

2017-S1163 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1163

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Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Elections Committee

2017-S1163 (ACTIVE) - Details

2017-S1163 (ACTIVE) - Summary

2017-S1163 (ACTIVE) - Sponsor Memo

2017-S1163 (ACTIVE) - Bill Text download pdf

Comments