What's happening
This bill creates a public database of New York state business contracts and limits political contributions from entities with state business relationships.
Why it matters
Increases transparency and accountability. by requiring the state comptroller to maintain a public, searchable database of individuals and entities with significant, non-competitively awarded contracts with New York State, allowing citizens and watchdogs to track who is doing business with the state.
Targets potential conflicts of interest. by capping political contributions to candidates from those with current business relationships with the state, aiming to reduce the influence of “pay-to-play” practices where government contractors could otherwise seek to curry favor through large donations.
Casts a wide net on covered individuals. by including not just companies, but also their top executives and anyone holding more than a 10% ownership stake, ensuring that influential figures behind state contractors are also subject to disclosure and contribution limits.
Provides enforcement mechanisms. by requiring notification and return (or forfeiture) of any contributions that violate these new limits, and directing those funds to enforcement efforts, which could strengthen compliance and deter violations.
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Who cares
Headline styles
Create Public Contract Database
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to elections
- Referred to elections
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1163
2017-2018 Regular Sessions
IN SENATE
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 Assembly, 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 comptroller 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 development 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 database 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 affiliated 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 candidate or to the political committee of such candidate violates the provisions of this section, the compliance unit shall notify such candidate 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 designated 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 comptroller, 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.