CHAPTER 140

94-S 2893A am

Approved Jul. 6, 1994.

AN ACT RELATING TO DISCLOSURE OF POLITICAL CONTRIBUTIONS

It is enacted by the General Assembly as follows:

SECTION 1. Sections 17-27-1 and 17-27-3 of the General Laws in Chapter 17-27 entitled "Reporting of Political Contributions by State Vendors" are hereby amended to read as follows:

{ADD 17-27-1. Definitions. -- ADD} As used in this chapter:

(1) "Business entity" means a sole proprietorship, partnership, firm, corporation, holding company, joint stock company, receivership, trust or any other entity recognized in law through which business for profit is conducted;

(2) "Contribution" means a transfer of money, paid personal services, or other thing of value reportable under the terms of chapter 17-25 of the general laws;

(3) "State agency" means a branch, department, division, agency, commission, board, office, bureau or authority of the government of the state of Rhode Island;

(4) "State vendor" means (a) a person or business entity that sells goods or provides services to any state agency, (b) a person or business entity which has an ownership interest of ten (10%) percent or more in a business entity that sells goods or provides services to any state agency, {ADD or ADD} (c) a person who is {DEL a corporate officer or is DEL} an executive officer of a business entity that sells goods or provides services to any state agency, (d) The spouse or minor child of a person qualifying as a state vendor under the terms of subsections (a), (b) or (c) herein, {ADD unless the spouse works for a vendor in competition for state business with the reporting business entity, ADD} or (e) a business entity that is a parent or subsidiary of a business entity that sells goods or provides services to any state agency; but shall not mean {ADD (i) ADD} a municipality, {ADD (ii) ADD} section 501(c)(3), of the internal revenue code corporation, {ADD (iii) ADD} hospital, {ADD (iv) ADD} state or federal agency, {ADD or (v) ADD} or person receiving reimbursement for an approved state expense. The director of administration is authorized to provide as a public record a list of further exemptions consistent with the purposes of this act.

(5) "Aggregate amount" means the total of all contributions made to a particular general officer, candidate for general office, or political party within the time period set forth.

{ADD (6) "Execuctive officer" means any person who is appointed or elected as an officer of a business entity by either the incorporators, stockholders or directors of such business entity or who is in charge of a principal business unit, division or function of such business entity or participates or has authority to participate (other than in the capacity of a director) in major policymaking functions of the business entity or who is actively engaged in soliciting business from the state or conducting, other than in a ministerial capacity, business with the state; provided, however, that officers of such business entity who are located outside the state, are not residents of the state, and do not participate in the business of the business entity within this state shall be exempted from the requirements of this chapter.

(7) "goods or services" shall not include services provided to a state agency by (i) any public utility company or (ii) a federal or state banking institution or other depository institution solely in connection with depository accounts held by such institution on behalf of a state agency. ADD}

{ADD 17-27-3. Filing of affidavits. -- ADD} The affidavit required by section 17-27-2 shall be filed, together with a copy of the contract, {ADD or a written summary of the principal terms of the contract, ADD} with the board of elections. If the contract is in writing, then the affidavit shall be filed within sixty (60) days of the execution of the contract; if the contract is not in writing, then the affidavit shall be filed within sixty (60) days of the date when the state vendor first is notified that they have reached the five thousand dollar ($5,000) threshold established by section 17-27-2. {ADD Notwithstanding the foregoing, any state vendor who has a reasonable belief that it would be required to make two (2) or more filings in any calendar year pursuant to this section will be deemed to have satisfied its obligations hereunder if it files a notice certifying such belief with the board of elections and thereafter files an affidavit meeting the requirements of this section on or before July 31 with respect to the preceding six (6) months ending on June 30 and, and on or before January 31 for the six (6) month period of the preceding year ending December 31. Parent, affiliate or subsidiary entities of a state vendor which are required to report pursuant to this chapter may do so in the form of a consolidated report which contains the required information for both the vendor, its parent, subsidiary or affiliated entity. ADD} All affidavits filed by state vendors pursuant to this chapter shall be public documents.

SECTION 2. This act shall take effect upon passage.



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