Bill Text: NY A00113 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to government vendor contributions.

Spectrum: Slight Partisan Bill (Democrat 24-12)

Status: (Introduced - Dead) 2020-01-08 - referred to election law [A00113 Detail]

Download: New_York-2019-A00113-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           113
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by M. of A. BUCHWALD, ABINANTI, RIVERA, ENGLEBRIGHT, D'URSO,
          ASHBY, MOSLEY, PAULIN, GALEF, COLTON, PALUMBO, BLAKE, LAVINE,  CAHILL,
          MORINELLO,  GOODELL,  SANTABARBARA  --  Multi-Sponsored by -- M. of A.
          CROUCH, DAVILA, SIMON -- read once and referred to  the  Committee  on
          Election Law
        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:
     1    Section  1. The election law is amended by adding a new section 14-131
     2  to read as follows:
     3    § 14-131. Government vendor contributions. 1. (a) It shall be unlawful
     4  during the restricted vendor contribution period for any person,  organ-
     5  ization, group of persons, or business entity that submits a bid, quota-
     6  tion, offer or response to a state governmental entity posting or solic-
     7  itation for procurement to make a contribution to any officeholder of or
     8  with  authority over the state governmental entity or entities responsi-
     9  ble for issuing such procurement  posting  or  solicitation,  evaluating
    10  responses  to  the  procurement  posting or solicitation for purposes of
    11  determining an award, or approving  the  selection  of  an  awardee,  or
    12  awarding  the  final contract, or to any candidate for an office of such
    13  governmental entity, including to  such  officeholder's  or  candidate's
    14  authorized political committees or political committees the officeholder
    15  or candidate exerts operational control over. It shall further be unlaw-
    16  ful,  pursuant  to section 14-120 of this article, to make contributions
    17  to political committees not authorized or  operationally  controlled  by
    18  the officeholder or candidate for the purpose of transferring a contrib-
    19  ution  to the officeholder's or candidate's authorized political commit-
    20  tees or political committees they exert operational control over.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00939-01-9

        A. 113                              2
     1    (b) For purposes of this section the  assembly  and  senate  shall  be
     2  separate and distinct governmental entities when a particular posting or
     3  solicitation for procurement is issued by only one respective house.
     4    (c)  The  state  governmental  entity directly responsible for issuing
     5  such posting or solicitation for procurement shall include a  notice  of
     6  the  prohibition  established by this section and the state governmental
     7  entity responsible for evaluating responses to such posting or solicita-
     8  tion shall provide to any person, organization,  group  of  persons,  or
     9  business  entity  that submits a proposal in response to such posting or
    10  solicitation a notice of the prohibition established by this section and
    11  the restricted vendor contribution period commencement date.
    12    2. As used in this section "business entity" means a  business  corpo-
    13  ration,  professional  services  corporation, limited liability company,
    14  partnership, limited partnership, business  trust,  association  or  any
    15  other  legal commercial entity organized under the laws of this state or
    16  any other  state  or  foreign  jurisdiction,  including  any  subsidiary
    17  directly  or indirectly controlled by the business entity, and any poli-
    18  tical organization, including but not limited to any political organiza-
    19  tion organized under section 527 of the Internal Revenue Code,  that  is
    20  directly or indirectly controlled by the business entity.
    21    3. The restricted vendor contribution period described in this section
    22  shall  commence,  with respect to a specific person, organization, group
    23  of persons, or business entity when it files a statement of registration
    24  pursuant to section one-e of the legislative law, or  engages  lobbying,
    25  as  defined  by subdivision (c) of section one-c of the legislative law,
    26  to generate a procurement opportunity or pilot program or submits a bid,
    27  quotation, offer or response to the state governmental entity posting or
    28  solicitation, at the earliest posting, on a state governmental  entity's
    29  website,  in  a  newspaper  of general circulation or in the procurement
    30  opportunities newsletter  in  accordance  with  article  four-C  of  the
    31  economic  development  law of written notice, advertisement or solicita-
    32  tion of a request for proposal, invitation for bids, or solicitations of
    33  proposals, or any other method provided for by  law  or  regulation  for
    34  soliciting a response from offerers intending to result in a procurement
    35  contract  with  a  state  governmental  entity.  The  restricted  vendor
    36  contribution period does not apply to a person, organization,  group  of
    37  persons  or  business  entity that is responding to a state governmental
    38  entity's request for information or other informational exchanges occur-
    39  ring prior to such governmental entity's  posting  or  solicitation  for
    40  procurement provided it has not filed a statement of registration pursu-
    41  ant  to  section one-e of the legislative law or engaged in lobbying, as
    42  defined by subdivision (c) of section one-c of the legislative  law,  to
    43  generate a procurement opportunity or pilot program.
    44    4. The restricted vendor contribution period described in this section
    45  shall  end  with  respect  to  a specific person, organization, group of
    46  persons, or business entity if:
    47    (a) the person, organization, group of persons, or business entity  is
    48  the  recipient  of  the  final  contract  award,  the  restricted vendor
    49  contribution period shall end six months after the final contract  award
    50  and approval by the state governmental entity and, where applicable, the
    51  state  comptroller  and if the person, organization, group of persons or
    52  business entity does not lobby on the execution of  the  contract  after
    53  its award; or
    54    (b)  the person, organization, group of persons, or business entity is
    55  not the recipient of the final contract  award,  the  restricted  vendor
    56  contribution period shall end with the final contract award and approval

        A. 113                              3
     1  by  the state governmental entity and, where applicable, the state comp-
     2  troller.
     3    5.  The  restricted  vendor  contribution period shall recommence if a
     4  person, organization, group of persons or  business  entity  engages  in
     5  activity pursuant to subdivision three of this section.
     6    §  2.  Section  14-126  of the election law is amended by adding a new
     7  subdivision 8 to read as follows:
     8    8. (a) Any person, organization, group of persons, or business  entity
     9  as  that  term  is  used  in  section 14-131 of this article, who, under
    10  circumstances evincing an intent to violate such law, makes  a  contrib-
    11  ution  in  contravention  of  section  14-131  of  this article shall be
    12  subject to a civil penalty not to exceed the  greater  of  ten  thousand
    13  dollars  or  an amount equal to two hundred percent of the contribution,
    14  to be recoverable in a special proceeding or civil action to be  brought
    15  by the state board of elections chief enforcement counsel.
    16    (b)  Any person who, acting as or on behalf of an officeholder, candi-
    17  date, or political committee,  accepts  a  contribution  or  receives  a
    18  transfer  in  contravention  of  section 14-131 of this article shall be
    19  required to refund such contribution.
    20    § 3. This act shall take effect on the one hundred eightieth day after
    21  it shall have become a law.
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