S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8246
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 27, 2025
                                ___________
 
 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 Procurement and Contracts
 
 AN  ACT to amend the state finance law, in relation to campaign contrib-
   utions by vendors

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  state finance law is amended by adding a new section
 139-m to read as follows:
   § 139-M. RESTRICTIONS ON VENDOR CONTRIBUTIONS.  1. FOR THE PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (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
 FUNCTION FOR THE STATE; AND
   (II)  ANY  COVERED AUTHORITY, AS DEFINED IN SUBDIVISION SIX OF SECTION
 TWO-A OF THIS CHAPTER.
   (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, INCLUDING OFFICERS, MEMBERS OF THE BOARD OF DIREC-
 TORS 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 PARAGRAPH;
   (II) ANY SUBSIDIARY, PARENT  CORPORATION,  OR  AFFILIATED  COMPANY  OR
 ENTITY THEREOF DIRECTLY OR INDIRECTLY CONTROLLED BY THE VENDOR;
   (III) ANY SUBCONTRACTOR OF A VENDOR; AND
   (IV) ANY LOBBYIST HIRED BY A VENDOR.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06337-01-5
 S. 8246                             2
 
   (C)  (I)  "RESTRICTED  PERIOD"  SHALL  MEAN  THE PERIOD DURING WHICH A
 VENDOR IS PROHIBITED FROM MAKING A CONTRIBUTION TO A  STATEWIDE  ELECTED
 OFFICIAL,  A  CANDIDATE FOR A STATEWIDE ELECTED OFFICE, OR THEIR AUTHOR-
 IZED POLITICAL COMMITTEE.
   (II) THE "RESTRICTED PERIOD" SHALL COMMENCE THE EARLIER OF:
   (A) 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;
   (B) AT THE EARLIEST POSTING, ON A PROCURING  ENTITY'S  WEBSITE,  IN  A
 NEWSPAPER  OF  GENERAL CIRCULATION, OR WRITTEN NOTICE IN THE PROCUREMENT
 OPPORTUNITIES NEWSLETTER PURSUANT TO  ARTICLE  FOUR-C  OF  THE  ECONOMIC
 DEVELOPMENT   LAW,  ADVERTISEMENT  OR  SOLICITATION  OF  A  REQUEST  FOR
 PROPOSAL, INVITATION FOR BIDS, SOLICITATION OF PROPOSALS, OR  ANY  OTHER
 METHOD PROVIDED FOR BY LAW, REGULATION, OR EXECUTIVE ORDER OF THE GOVER-
 NOR  PURSUANT TO SECTION TWENTY-NINE-A OF THE EXECUTIVE LAW FOR SOLICIT-
 ING A RESPONSE INTENDING TO RESULT IN  A  PROCUREMENT  CONTRACT  WITH  A
 PROCURING ENTITY; OR
   (C)  WHEN  THE  PROCURING ENTITY ENGAGES THE VENDOR FOR THE PURPOSE OF
 ENTERING INTO A NON-COMPETITIVE PROCUREMENT CONTRACT.
   (III) THE "RESTRICTED PERIOD" SHALL END EITHER:
   (A) WHERE APPROVAL BY THE STATE COMPTROLLER IS REQUIRED:
   (1) SIX MONTHS AFTER THE FINAL PROCUREMENT CONTRACT AWARD AND APPROVAL
 BY THE STATE COMPTROLLER, FOR THE RECIPIENT  OF  THE  FINAL  PROCUREMENT
 CONTRACT; OR
   (2)  WITH  THE  FINAL  PROCUREMENT  CONTRACT AWARD AND APPROVAL BY THE
 STATE COMPTROLLER, FOR ALL OTHERS; OR
   (B) WHERE APPROVAL BY THE STATE COMPTROLLER IS NOT REQUIRED:
   (1)  SIX  MONTHS  AFTER  THE  FINAL  PROCUREMENT  CONTRACT  AWARD  AND
 EXECUTION  BY  THE  PROCURING  ENTITY,  FOR  THE  RECIPIENT OF THE FINAL
 PROCUREMENT CONTRACT; OR
   (2) WITH THE FINAL PROCUREMENT CONTRACT AWARD  AND  EXECUTION  BY  THE
 PROCURING ENTITY, FOR ALL OTHERS.
   (D)  "PROCUREMENT  CONTRACT"  SHALL MEAN A CONTRACT OR OTHER AGREEMENT
 FOR AN ARTICLE  OF  PROCUREMENT  VALUED  IN  EXCESS  OF  FIFTY  THOUSAND
 DOLLARS,  INCLUDING BUT NOT LIMITED TO, SINGLE OR SOLE SOURCE CONTRACTS,
 PURCHASE ORDERS, AMENDMENTS, EXTENSIONS, RENEWALS, OR CHANGE  ORDERS  TO
 AN  EXISTING  CONTRACT  (OTHER THAN AMENDMENTS, EXTENSIONS, RENEWALS, OR
 CHANGE ORDERS THAT ARE AUTHORIZED PURSUANT TO THE  CONTRACT  AS  IT  WAS
 FINALLY AWARDED).
   (E) "ARTICLE OF PROCUREMENT" SHALL HAVE THE SAME MEANING AS IN SECTION
 ONE HUNDRED THIRTY-NINE-J OF THIS ARTICLE.
   2. IT SHALL BE UNLAWFUL FOR A VENDOR TO MAKE, EITHER DIRECTLY OR INDI-
 RECTLY,  ANY  CONTRIBUTION, AS DEFINED IN SECTION 14-100 OF THE ELECTION
 LAW, 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,  OFFICE-
 HOLDER, OR POLITICAL COMMITTEE DURING THE RESTRICTED PERIOD, AND PROHIB-
 ITED BY THIS SECTION, SHALL BE RETURNED OR REFUNDED FORTHWITH.
   3.  (A)  EVERY PROCUREMENT CONTRACT SHALL INCLUDE THE FOLLOWING STATE-
 MENT CERTIFYING THAT THE VENDOR HAS NOT MADE ANY  CONTRIBUTIONS  TO,  OR
 SOLICITED  ANY  CONTRIBUTIONS  ON BEHALF OF, ANY STATEWIDE ELECTED OFFI-
 CIAL, ANY CANDIDATE TO STATEWIDE ELECTED  OFFICE,  OR  THEIR  AUTHORIZED
 POLITICAL  COMMITTEE  DURING THE RESTRICTED PERIOD AND AS OF THE DATE OF
 SUBMISSION OF SUCH STATEMENT:
   "BY SUBMISSION OF THIS PROCUREMENT CONTRACT, EACH  PERSON  SIGNING  ON
 BEHALF OF ANY VENDOR CERTIFIES THAT THE VENDOR HAS NOT MADE ANY CONTRIB-
 S. 8246                             3
 
 UTIONS  TO,  OR  SOLICITED ANY CONTRIBUTIONS ON BEHALF OF, ANY STATEWIDE
 ELECTED OFFICIAL, ANY CANDIDATE TO STATEWIDE ELECTED OFFICE,  OR  CANDI-
 DATE'S  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 STATEMENT."
   (B) A PROCUREMENT CONTRACT SHALL NOT BE CONSIDERED  FOR  AWARD  OR  BE
 MADE TO A VENDOR WHO HAS NOT COMPLIED WITH THIS PARAGRAPH.
   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 SUBDIVISION THREE OF  THIS
 SECTION,  THE  VENDOR  SHALL  BE  PRESUMED TO BE NON-RESPONSIBLE AND THE
 PROCURING ENTITY SHALL CONSIDER THIS PRESUMPTION AS PART OF THEIR DETER-
 MINATION OF RESPONSIBILITY PURSUANT TO SUBDIVISION NINE OF  SECTION  ONE
 HUNDRED SIXTY-THREE OF THIS CHAPTER.
   (B) THE PROCURING ENTITY SHALL, IN ITS DETERMINATION OF VENDOR RESPON-
 SIBILITY,  NOTIFY  THE  VENDOR OF THE PRESUMPTION 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 PURSUANT TO PARAGRAPH (A) OF THIS
 SUBDIVISION UNLESS THE PROCURING ENTITY DETERMINES THAT THE AWARD OF THE
 PROCUREMENT CONTRACT TO THE VENDOR IS NECESSARY TO PROTECT PUBLIC  PROP-
 ERTY  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, HOWEVER, 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 IF THE STATEMENT REQUIRED PURSUANT TO SUBDI-
 VISION THREE OF THIS SECTION IS  FOUND  TO  BE  INTENTIONALLY  FALSE  OR
 INTENTIONALLY  INCOMPLETE.  THE  PROCURING  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. 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] SECTIONS one
 hundred thirty-nine-k AND ONE HUNDRED THIRTY-NINE-M of this chapter.
   § 3. This act shall take effect immediately; provided,  however,  that
 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; provided, further, however, that the amendments to subdivi-
 sion  9  of  section 163 of the state finance law made by section two of
 this act shall not affect the repeal of such section and shall be deemed
 repealed therewith.