NY State Senate Bill S483A

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (17)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2022	referred to election law delivered to assembly passed senate
May 17, 2022	advanced to third reading
May 16, 2022	2nd report cal.
May 11, 2022	1st report cal.1314
Jan 05, 2022	referred to elections returned to senate died in assembly
Jun 07, 2021	referred to election law delivered to assembly passed senate
Jun 03, 2021	ordered to third reading cal.1479 committee discharged and committed to rules
May 18, 2021	print number 483a
May 18, 2021	amend and recommit to elections
Jan 06, 2021	referred to elections

Votes

view votes

May 24, 2022 - floor Vote

S483A

floor

Aye

Nay

Absent

Excused

Abstained

May 11, 2022 - Elections committee Vote

S483A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Elections committee vote details

Elections Committee Vote: May 11, 2022

aye (6)

excused (1)

Brouk

Jun 7, 2021 - floor Vote

S483A

floor

Aye

Nay

Absent

Excused

Abstained

Jun 3, 2021 - Rules committee Vote

S483A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S483 - Details

See Assembly Version of this Bill:: A5839
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
2023-2024: S6247, A7179

S483 - Summary

Relates to government vendor contributions.

S483 - Sponsor Memo

 
BILL NUMBER: S483

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to government vendor
contributions

 
PURPOSE:

This bill would reduce the appearance of or actual improper influence of
the state contracting process and increase its fairness by banning camp-
ing contributions from a company seeking state contracts to officehold-
ers with authority over procuring entities during a "restricted vendor
contribution period." Prospective vendors would be barred from making
contributions when responding to a request for proposals (RFPs) for six
months after winning a contract, or when lobbying to create a procure-
ment opportunity.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill creates a new section 131 of Article 14 of the
Election Law.

Subsection 1 defines "state governmental entity" for the purpose of this
section

Subsection 2 (a) prohibits vendor contributions, indirectly or directly,
to political committees operationally controlled by officeholders with
authority over state governmental entities responsible for issuing a
procurement solicitation, evaluating responses, or determining or award-
ing a final contract.

Subsection 1 (b) distinguishes between the senate and assembly when a
solicitation for procurement is issued by the legislature.

Subsection 1 (c) requires the state government entity issuing a procure-
ment solicitation to include a notice of the prohibition on campaign
contributions by vendors submitting a proposal in response to the solic-
itation.

Subsection 3 defines the term "business entity" broadly including affil-
iated subsidiaries and political organizations directly or indirectly
controlled by the business entity.

Subsection 4 defines the "restricted vendor contribution period" during
which a business entity may not make contributions to the committees
operationally controlled by officeholders with authority over state
governmental entities issuing a procurement solicitation.

Subsection 5 indicates when the restricted vendor contribution period
begins and ends. The restricted vendor contribution period covers the
period from the issuance of a bid until 6 months after a contract has
been awarded (except the post award 6-month restricted period does not
apply to losing bidders) and, for vendors registering as lobbyists to
create a procurement opportunity, additionally includes the period
before a bid is issued during which the vendor is registered to lobby to
create a procurement opportunity or pilot program.

Section 2 of the bill amends sections 14-126 of Election Law by adding a
new subdivision 7.

Subdivision 7 (a) provides 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.

Subdivision 7 (b) provides that any person acting on behalf of an
officeholder, candidate or political committee who receives a contrib-
ution in contravention with the restricted vendor contribution prohibi-
tion will be required to refund the contribution.

Section 3 establishes the effective date of the legislation which is 180
days after passage into law.

 
JUSTIFICATION:

New York State government has over 50,000 contracts worth billions of
dollars with companies that provide products and services across numer-
ous 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 vendors to make their products and services known to state officials,
which may result in a competitive bid by the procuring entity or a
contract reached with a specific vendor without a competitive bidding
process. Currently, when a vendor 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 vendors from making contributions to the officeholder
with authority over the bidding entity during a "restricted vendor
contribution period." The "restricted vendor contribution period" varies
depending on vendor's activities, but at minimum covers from when an RFP
is issued to when a contract is awarded when a vendor makes a bid. The
restricted period lasts six months beyond the award of the contract for
the winning vendor. A vendor lobbying to create a procurement opportu-
nity or on an awarded contract is also prohibited from making contrib-
utions during that time The prohibition will largely impact contrib-
utions 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 vendors lobbying or
bidding for a specific contract for that particular product or service.

 
LEGISLATIVE HISTORY:

2020: A113 (Buchwald) - Referred to Election Law/ S3167 (Myrie) -
Referred to Elections
2019: A113 (Buchwald) - Referred to Elections Law/ 53167 (Myrie) -
Passed Senate
2018: A.9924 (Buchwald) - Referred to Election Law / S.8039 (Croci)
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) /5.7510
(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.

S483 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    483
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BIAGGI,  KAPLAN, KRUEGER, SKOUFIS -- 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 government vendor
   contributions

   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. GOVERNMENT VENDOR CONTRIBUTIONS. 1. FOR THE PURPOSE OF  THIS
 SECTION,  "STATE  GOVERNMENTAL  ENTITY" SHALL MEAN ANY PUBLIC AUTHORITY,
 PUBLIC BENEFIT CORPORATION OR NOT-FOR-PROFIT CORPORATION,  THE  MAJORITY
 OF  WHOSE  BOARD  MEMBERS ARE OFFICIALS OF THE STATE OR ARE APPOINTED BY
 SUCH OFFICIALS.
   2. (A) IT SHALL BE UNLAWFUL DURING THE RESTRICTED VENDOR  CONTRIBUTION
 PERIOD FOR ANY PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTI-
 TY  THAT  SUBMITS A BID, QUOTATION, OFFER OR RESPONSE TO A STATE GOVERN-
 MENTAL ENTITY POSTING OR SOLICITATION FOR PROCUREMENT TO MAKE A CONTRIB-
 UTION  TO  ANY  OFFICEHOLDER  OF  OR  WITH  AUTHORITY  OVER  THE   STATE
 GOVERNMENTAL ENTITY OR ENTITIES RESPONSIBLE FOR ISSUING SUCH PROCUREMENT
 POSTING OR SOLICITATION, EVALUATING RESPONSES TO THE PROCUREMENT POSTING
 OR  SOLICITATION  FOR PURPOSES OF DETERMINING AN AWARD, OR APPROVING THE
 SELECTION OF AN AWARDEE, OR AWARDING  THE  FINAL  CONTRACT,  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. IT SHALL FURTHER BE UNLAWFUL, PURSUANT TO  SECTION  14-120
 OF  THIS  ARTICLE,  TO  MAKE  CONTRIBUTIONS  TO POLITICAL COMMITTEES NOT
 AUTHORIZED OR OPERATIONALLY CONTROLLED BY THE OFFICEHOLDER OR  CANDIDATE
 FOR  THE PURPOSE OF TRANSFERRING A CONTRIBUTION TO THE OFFICEHOLDER'S OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02547-01-1

 S. 483                              2
 
 CANDIDATE'S AUTHORIZED POLITICAL COMMITTEES OR POLITICAL COMMITTEES THEY
 EXERT OPERATIONAL CONTROL OVER.
   (B)  FOR  PURPOSES  OF  THIS  SECTION THE ASSEMBLY AND SENATE SHALL BE
 SEPARATE AND DISTINCT GOVERNMENTAL ENTITIES WHEN A PARTICULAR POSTING OR
 SOLICITATION FOR PROCUREMENT IS ISSUED BY ONLY ONE RESPECTIVE HOUSE.
   (C) THE STATE GOVERNMENTAL ENTITY  DIRECTLY  RESPONSIBLE  FOR  ISSUING
 SUCH  POSTING  OR SOLICITATION FOR PROCUREMENT SHALL INCLUDE A NOTICE OF
 THE PROHIBITION ESTABLISHED BY THIS SECTION AND THE  STATE  GOVERNMENTAL
 ENTITY RESPONSIBLE FOR EVALUATING RESPONSES TO SUCH POSTING OR SOLICITA-
 TION  SHALL  PROVIDE  TO  ANY PERSON, ORGANIZATION, GROUP OF PERSONS, OR
 BUSINESS ENTITY THAT SUBMITS A PROPOSAL IN RESPONSE TO SUCH  POSTING  OR
 SOLICITATION A NOTICE OF THE PROHIBITION ESTABLISHED BY THIS SECTION AND
 THE RESTRICTED VENDOR CONTRIBUTION PERIOD COMMENCEMENT DATE.
   3.  AS  USED IN THIS SECTION "BUSINESS ENTITY" MEANS A BUSINESS CORPO-
 RATION, 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  POLI-
 TICAL ORGANIZATION, INCLUDING BUT NOT LIMITED TO ANY POLITICAL ORGANIZA-
 TION  ORGANIZED  UNDER SECTION 527 OF THE INTERNAL REVENUE CODE, THAT IS
 DIRECTLY OR INDIRECTLY CONTROLLED BY THE BUSINESS ENTITY.
   4. THE RESTRICTED VENDOR CONTRIBUTION PERIOD DESCRIBED IN THIS SECTION
 SHALL COMMENCE, WITH RESPECT TO A SPECIFIC PERSON,  ORGANIZATION,  GROUP
 OF PERSONS, OR BUSINESS ENTITY WHEN IT FILES A STATEMENT OF REGISTRATION
 PURSUANT  TO  SECTION ONE-E OF THE LEGISLATIVE LAW, 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 CIRCULATION  OR  IN  THE  PROCUREMENT
 OPPORTUNITIES  NEWSLETTER  IN  ACCORDANCE  WITH  ARTICLE  FOUR-C  OF THE
 ECONOMIC DEVELOPMENT LAW OF WRITTEN NOTICE, ADVERTISEMENT  OR  SOLICITA-
 TION 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  VENDOR
 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 OCCUR-
 RING  PRIOR  TO  SUCH  GOVERNMENTAL ENTITY'S POSTING OR SOLICITATION FOR
 PROCUREMENT PROVIDED IT HAS NOT FILED A STATEMENT OF REGISTRATION PURSU-
 ANT TO SECTION ONE-E OF THE LEGISLATIVE LAW OR ENGAGED IN  LOBBYING,  AS
 DEFINED  BY  SUBDIVISION (C) OF SECTION ONE-C OF THE LEGISLATIVE LAW, TO
 GENERATE A PROCUREMENT OPPORTUNITY OR PILOT PROGRAM.
   5. THE RESTRICTED VENDOR CONTRIBUTION PERIOD DESCRIBED IN THIS SECTION
 SHALL END 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  VENDOR
 CONTRIBUTION  PERIOD SHALL END SIX MONTHS AFTER THE FINAL CONTRACT AWARD
 AND APPROVAL BY THE STATE GOVERNMENTAL ENTITY AND, WHERE APPLICABLE, THE
 STATE COMPTROLLER AND IF THE PERSON, ORGANIZATION, GROUP OF  PERSONS  OR
 BUSINESS  ENTITY  DOES  NOT LOBBY ON THE EXECUTION OF THE CONTRACT AFTER
 ITS AWARD; OR

 S. 483                              3
 
   (B) THE PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY  IS
 NOT  THE  RECIPIENT  OF  THE FINAL CONTRACT AWARD, THE RESTRICTED VENDOR
 CONTRIBUTION PERIOD SHALL END WITH THE FINAL CONTRACT AWARD AND APPROVAL
 BY THE STATE GOVERNMENTAL ENTITY AND, WHERE APPLICABLE, THE STATE  COMP-
 TROLLER.
   6.  THE  RESTRICTED  VENDOR  CONTRIBUTION PERIOD SHALL RECOMMENCE IF A
 PERSON, ORGANIZATION, GROUP OF PERSONS OR  BUSINESS  ENTITY  ENGAGES  IN
 ACTIVITY PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
   §  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 ARTICLE, WHO, UNDER
 CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE SUCH LAW, MAKES  A  CONTRIB-
 UTION  IN  CONTRAVENTION  OF  SECTION  14-131  OF  THIS ARTICLE 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 OF THIS ARTICLE 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.

Co-Sponsors

S483A (ACTIVE) - Details

See Assembly Version of this Bill:: A5839
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
2023-2024: S6247, A7179

S483A (ACTIVE) - Summary

Relates to government vendor contributions.

S483A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S483A

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the election law, in relation to government vendor
contributions

 
PURPOSE:

This bill would reduce the appearance of or actual improper influence of
the state contracting process and increase its fairness by banning camp-
ing contributions from a company seeking state contracts to officehold-
ers with authority over procuring entities during a "restricted vendor
contribution period." Prospective vendors would be barred from making
contributions when responding to a request for proposals (RFPs) for six
months after winning a contract, or when lobbying to create a procure-
ment opportunity.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill creates a new section 131 of Article 14 of the

Election Law.

Subsection 1 Defines state governmental entity.

Subsection 2 (a) During the restricted vendor contribution period,
prohibits any business entity, person, organization or group of persons
who have placed a quote, bid or offer on a procurement opportunity
subject to comptroller 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.  Furthermore, contributions to
a political committee over which the officeholder holds no operational
control but which are later transferred to such officeholder shall be
unlawful.

Subsection 2 (b) requires the state government entity issuing a procure-
ment solicitation to include a notice of the prohibition on campaign
contributions by vendors submitting a proposal in response to the solic-
itation.

Subsection 3 defines the term "business entity".

Subsection 3 defines the "restricted vendor contribution period" during
which a business entity may not make contributions to the committees
operationally controlled by officeholders with authority over state
governmental entities issuing a procurement solicitation.

Subsection 4 defines restricted vendor contribution period.

Subsection 5(a)and(b)defines when the restricted vendor contribution
period shall end.
(a)The period shall end six months after the final contract is awarded,
if the group is the recipient of the contract and does no further lobby-
ing on the contract after the final approval.
(b) the period shall end if the group or person is not the recipient of
the final contract award and with the final approval of the state
governmental entity or the comptroller where applicable
Subsection 6 requires the restricted vendor contribution period to
recommence if the business entity engages in another bid, quote, or
other involvement with a government procurement opportunity.

Section 2 of the bill amends sections 14-126 of Election Law by adding a
new subdivision 8.

Subdivision 8 (a) provides 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.

Subdivision 8 (b) provides that any person acting on behalf of an
officeholder, candidate or political committee who receives a contrib-
ution in contravention with the restricted vendor contribution prohibi-
tion will be required to refund the contribution.

Section 3 establishes the effective date of the legislation which is 180
days after passage into law.

 
JUSTIFICATION:

New York State government has over 50,000 contracts worth billions of
dollars with companies that provide products and services across numer-
ous 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 vendors to make their products and services known to state officials,
which may result in a competitive bid by the procuring entity or a
contract reached with a specific vendor without a competitive bidding
process. Currently, when a vendor 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 vendors from making contributions to the officeholder
with authority over the bidding entity during a "restricted vendor
contribution period." The "restricted vendor contribution period" varies
depending on vendor's activities, but at minimum covers from when an RFP
is issued to when a contract is awarded when a vendor makes a bid. The
restricted period lasts six months beyond the award of the contract for
the winning vendor. A vendor lobbying to create a procurement opportu-
nity or on an awarded contract is also prohibited from making contrib-
utions during that time The prohibition will largely impact contrib-
utions 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 vendors lobbying or
bidding for a specific contract for that particular product or service.

 
LEGISLATIVE HISTORY:

2020: A113 (Buchwald) - Referred to Election Law/ S3167 (Myrie) -
Referred to Elections

2019: A113 (Buchwald) - Referred to Elections Law/ S3167 (Myrie) -
Passed Senate

2018: A.9924 (Buchwald) - Referred to Election Law / S.8039 (Croci)
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.

S483A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  483--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BIAGGI,  BROUK, KAPLAN, KRUEGER, SALAZAR,
   SKOUFIS -- read twice and ordered printed,  and  when  printed  to  be
   committed  to the Committee on Elections -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT  to  amend  the  election  law, in relation to government vendor
   contributions
 
   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. GOVERNMENT VENDOR CONTRIBUTIONS. 1. FOR THE PURPOSE OF  THIS
 SECTION,  "STATE  GOVERNMENTAL  ENTITY" SHALL MEAN ANY PUBLIC AUTHORITY,
 PUBLIC BENEFIT CORPORATION OR NOT-FOR-PROFIT CORPORATION,  THE  MAJORITY
 OF  WHOSE  BOARD  MEMBERS ARE OFFICIALS OF THE STATE OR ARE APPOINTED BY
 SUCH OFFICIALS.
   2. (A) IT SHALL BE UNLAWFUL DURING THE RESTRICTED VENDOR  CONTRIBUTION
 PERIOD FOR ANY PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTI-
 TY  THAT  SUBMITS A BID, QUOTATION, OFFER OR RESPONSE TO A STATE GOVERN-
 MENTAL ENTITY POSTING OR  SOLICITATION  FOR  A  PROCUREMENT  OPPORTUNITY
 SUBJECT  TO  COMPTROLLER APPROVAL PURSUANT TO SECTION ONE HUNDRED TWELVE
 OF THE STATE FINANCE LAW AND/OR SUBJECT TO  THE  PROVISIONS  OF  SECTION
 TWENTY-EIGHT  HUNDRED  SEVENTY-NINE  AND  SECTION  TWENTY-EIGHT  HUNDRED
 SEVENTY-NINE-A OF THE PUBLIC AUTHORITIES LAW, TO MAKE A CONTRIBUTION  TO
 ANY OFFICEHOLDER OF OR WITH AUTHORITY OVER THE STATE GOVERNMENTAL ENTITY
 OR  ENTITIES  RESPONSIBLE FOR ISSUING SUCH PROCUREMENT POSTING OR SOLIC-
 ITATION, EVALUATING RESPONSES TO THE PROCUREMENT POSTING OR SOLICITATION
 FOR PURPOSES OF DETERMINING AN AWARD, OR APPROVING THE SELECTION  OF  AN
 AWARDEE,  OR  AWARDING  THE  FINAL  CONTRACT, OR TO ANY CANDIDATE FOR AN
 OFFICE OF SUCH GOVERNMENTAL ENTITY, INCLUDING TO SUCH OFFICEHOLDER'S  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02547-02-1

 S. 483--A                           2
 
 CANDIDATE'S  AUTHORIZED POLITICAL COMMITTEES OR POLITICAL COMMITTEES THE
 OFFICEHOLDER OR CANDIDATE EXERTS  OPERATIONAL  CONTROL  OVER.  IT  SHALL
 FURTHER BE UNLAWFUL, PURSUANT TO SECTION 14-120 OF THIS ARTICLE, TO 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.
   (B)  THE  STATE  GOVERNMENTAL  ENTITY DIRECTLY RESPONSIBLE FOR ISSUING
 SUCH POSTING OR SOLICITATION FOR PROCUREMENT SHALL INCLUDE A  NOTICE  OF
 THE  PROHIBITION  ESTABLISHED BY THIS SECTION AND THE STATE GOVERNMENTAL
 ENTITY RESPONSIBLE FOR EVALUATING RESPONSES TO SUCH POSTING OR SOLICITA-
 TION SHALL PROVIDE TO ANY PERSON, ORGANIZATION,  GROUP  OF  PERSONS,  OR
 BUSINESS  ENTITY  THAT SUBMITS A PROPOSAL IN RESPONSE TO SUCH POSTING OR
 SOLICITATION A NOTICE OF THE PROHIBITION ESTABLISHED BY THIS SECTION AND
 THE RESTRICTED VENDOR CONTRIBUTION PERIOD COMMENCEMENT DATE.
   3. AS USED IN THIS SECTION "BUSINESS ENTITY" MEANS A  BUSINESS  CORPO-
 RATION,  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 POLI-
 TICAL ORGANIZATION, INCLUDING BUT NOT LIMITED TO ANY POLITICAL ORGANIZA-
 TION ORGANIZED UNDER SECTION 527 OF THE INTERNAL REVENUE CODE,  THAT  IS
 DIRECTLY OR INDIRECTLY CONTROLLED BY THE BUSINESS ENTITY.
   4. THE RESTRICTED VENDOR CONTRIBUTION PERIOD DESCRIBED IN THIS SECTION
 SHALL  COMMENCE,  WITH RESPECT TO A SPECIFIC PERSON, ORGANIZATION, GROUP
 OF PERSONS, OR BUSINESS ENTITY WHEN IT FILES A STATEMENT OF REGISTRATION
 PURSUANT TO SECTION ONE-E OF THE LEGISLATIVE LAW, 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 CIRCULATION OR IN THE PROCUREMENT
 OPPORTUNITIES NEWSLETTER  IN  ACCORDANCE  WITH  ARTICLE  FOUR-C  OF  THE
 ECONOMIC  DEVELOPMENT  LAW OF WRITTEN NOTICE, ADVERTISEMENT OR SOLICITA-
 TION 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 THAT IS SUBJECT TO COMPTROLLER
 APPROVAL PURSUANT TO SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE LAW
 AND/OR  SUBJECT TO THE PROVISIONS OF SECTION TWENTY-EIGHT HUNDRED SEVEN-
 TY-NINE AND SECTION TWENTY-EIGHT HUNDRED SEVENTY-NINE-A  OF  THE  PUBLIC
 AUTHORITIES  LAW.    THE  RESTRICTED VENDOR 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 INFORMA-
 TION  OR  OTHER  INFORMATIONAL EXCHANGES OCCURRING PRIOR TO SUCH GOVERN-
 MENTAL 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, AS DEFINED BY SUBDIVISION (C) OF
 SECTION ONE-C OF THE LEGISLATIVE LAW, TO GENERATE A PROCUREMENT OPPORTU-
 NITY OR PILOT PROGRAM.
   5. THE RESTRICTED VENDOR CONTRIBUTION PERIOD DESCRIBED IN THIS SECTION
 SHALL END WITH RESPECT TO A  SPECIFIC  PERSON,  ORGANIZATION,  GROUP  OF
 PERSONS, OR BUSINESS ENTITY IF:

 S. 483--A                           3

   (A)  THE PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY IS
 THE RECIPIENT  OF  THE  FINAL  CONTRACT  AWARD,  THE  RESTRICTED  VENDOR
 CONTRIBUTION  PERIOD SHALL END SIX MONTHS AFTER THE FINAL CONTRACT AWARD
 AND APPROVAL BY THE STATE GOVERNMENTAL ENTITY AND, WHERE APPLICABLE, THE
 STATE  COMPTROLLER  AND IF THE PERSON, ORGANIZATION, GROUP OF PERSONS OR
 BUSINESS ENTITY DOES NOT LOBBY ON THE EXECUTION OF  THE  CONTRACT  AFTER
 ITS AWARD; OR
   (B)  THE PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY IS
 NOT THE RECIPIENT OF THE FINAL CONTRACT  AWARD,  THE  RESTRICTED  VENDOR
 CONTRIBUTION PERIOD SHALL END WITH THE FINAL CONTRACT AWARD AND APPROVAL
 BY  THE STATE GOVERNMENTAL ENTITY AND, WHERE APPLICABLE, THE STATE COMP-
 TROLLER.
   6. THE RESTRICTED VENDOR CONTRIBUTION PERIOD  SHALL  RECOMMENCE  IF  A
 PERSON,  ORGANIZATION,  GROUP  OF  PERSONS OR BUSINESS ENTITY ENGAGES IN
 ACTIVITY PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
   § 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  ARTICLE,  WHO,  UNDER
 CIRCUMSTANCES  EVINCING  AN INTENT TO VIOLATE SUCH LAW, MAKES A CONTRIB-
 UTION IN CONTRAVENTION OF  SECTION  14-131  OF  THIS  ARTICLE  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 OF  THIS  ARTICLE  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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The New York State Senate

senate Bill S483A

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Archive: Last Bill Status - Passed Senate

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Votes

May 24, 2022 - floor Vote

Floor Vote: May 24, 2022

May 11, 2022 - Elections committee Vote

Elections Committee Vote: May 11, 2022

Jun 7, 2021 - floor Vote

Floor Vote: Jun 7, 2021

Jun 3, 2021 - Rules committee Vote

Rules Committee Vote: Jun 3, 2021

Bill Amendments

Co-Sponsors

S483 - Details

S483 - Summary

S483 - Sponsor Memo

S483 - Bill Text download pdf

Co-Sponsors

S483A (ACTIVE) - Details

S483A (ACTIVE) - Summary

S483A (ACTIVE) - Sponsor Memo

S483A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S483A

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Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 24, 2022 - floor Vote

Floor Vote: May 24, 2022

May 11, 2022 - Elections committee Vote

Elections Committee Vote: May 11, 2022

Jun 7, 2021 - floor Vote

Floor Vote: Jun 7, 2021

Jun 3, 2021 - Rules committee Vote

Rules Committee Vote: Jun 3, 2021

Bill Amendments

Co-Sponsors

S483 - Details

S483 - Summary

S483 - Sponsor Memo

S483 - Bill Text download pdf

Co-Sponsors

S483A (ACTIVE) - Details

S483A (ACTIVE) - Summary

S483A (ACTIVE) - Sponsor Memo

S483A (ACTIVE) - Bill Text download pdf

Comments