S T A T E O F N E W Y O R K ________________________________________________________________________ 2020--A 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. KAVANAGH, GALEF -- read once and referred to the Committee on Governmental Operations -- recommitted to the Committee on Governmental Operations in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the legislative law and the election law, in relation to disclosures required for lobbyists, and to amend the election law and the public officers law, in relation to campaign funds for personal use THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. This act shall be known and may be cited as the "Lobbyist 2 Disclosure Campaign Fund Act". 3 S 2. Section 1-c of the legislative law is amended by adding a new 4 subdivision (x) to read as follows: 5 (X) THE TERM "FAMILY MEMBER" SHALL MEAN ANY OF THE FOLLOWING, INCLUD- 6 ING PARENTS, STEPPARENTS, SPOUSE, DOMESTIC PARTNERS, GRANDPARENTS, 7 BROTHERS, SISTERS, UNCLES, AND AUNTS, WHETHER OF THE WHOLE BLOOD OR HALF 8 BLOOD OR BY OR THROUGH LEGAL SANCTION. 9 S 3. Paragraph 5 of subdivision (b) of section 1-h of the legislative 10 law is amended by adding two new subparagraphs (vi) and (vii) to read as 11 follows: 12 (VI) THE CAMPAIGN CONTRIBUTIONS MADE, IN ANY FORM, TO ANY CAMPAIGN OR 13 POLITICAL COMMITTEE IN NEW YORK STATE BY THE CLIENT BY WHOM OR ON WHOSE 14 BEHALF THE LOBBYIST IS RETAINED, EMPLOYED OR DESIGNATED, BY THE LOBBY- 15 IST, AND BY ANY EMPLOYEES OF THE LOBBYIST. 16 (VII) THE AMOUNT OF COMPENSATION PAID AND THE NAMES OF ANY FAMILY 17 MEMBERS OF A PUBLIC OFFICIAL TO WHOM A LOBBYIST AND THE CLIENT BY WHOM 18 OR ON WHOSE BEHALF THE LOBBYIST IS RETAINED, EMPLOYED OR DESIGNATED HAS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03037-02-4 A. 2020--A 2 1 PAID COMPENSATION OF MORE THAN FIVE HUNDRED DOLLARS IN THE PRECEDING 2 CALENDAR YEAR FOR PERSONAL EMPLOYMENT OR PROFESSIONAL SERVICES. 3 S 4. Subdivision (b) of section 1-h of the legislative law is amended 4 by adding a new paragraph 6 to read as follows: 5 (6) THE NAME, ADDRESS AND TELEPHONE NUMBER OF ANY PUBLIC OFFICIAL WITH 6 WHOM THE LOBBYIST HAS ANY BUSINESS RELATIONSHIP. 7 S 5. Paragraph 5 of subdivision (b) of section 1-j of the legislative 8 law is amended by adding two new subparagraphs (vi) and (vii) to read as 9 follows: 10 (VI) THE CAMPAIGN CONTRIBUTIONS MADE, IN ANY FORM, TO ANY CAMPAIGN OR 11 POLITICAL COMMITTEE IN NEW YORK STATE BY THE CLIENT BY WHOM OR ON WHOSE 12 BEHALF THE LOBBYIST IS RETAINED, EMPLOYED OR DESIGNATED, BY THE LOBBY- 13 IST, AND BY ANY EMPLOYEES OF THE LOBBYIST. 14 (VII) THE AMOUNT OF COMPENSATION PAID AND THE NAMES OF ANY FAMILY 15 MEMBERS OF A PUBLIC OFFICIAL TO WHOM A LOBBYIST AND THE CLIENT BY WHOM 16 OR ON WHOSE BEHALF THE LOBBYIST IS RETAINED, EMPLOYED OR DESIGNATED HAS 17 PAID COMPENSATION OF MORE THAN FIVE HUNDRED DOLLARS IN THE PRECEDING 18 CALENDAR YEAR FOR PERSONAL EMPLOYMENT OR PROFESSIONAL SERVICES. 19 S 6. Subdivision (b) of section 1-j of the legislative law is amended 20 by adding a new paragraph 7 to read as follows: 21 (7) THE NAME, ADDRESS AND TELEPHONE NUMBER OF ANY PUBLIC OFFICIAL WITH 22 WHOM THE LOBBYIST HAS ANY BUSINESS RELATIONSHIP. 23 S 7. The election law is amended by adding three new sections 14-131, 24 14-132 and 14-133 to read as follows: 25 S 14-131. LOBBYIST REPORTING AND CONTRIBUTION LIMITS. 1. DEFINITIONS. 26 THE FOLLOWING DEFINITIONS SHALL APPLY TO THIS SECTION: 27 A. "AGENT" MEANS ANY PERSON ACTING AT THE DIRECTION OF OR ON BEHALF OF 28 AN INDIVIDUAL OR BUSINESS ENTITY; 29 B. "BUSINESS ENTITY" MEANS A BUSINESS CORPORATION, PROFESSIONAL 30 SERVICES CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, LIMITED 31 PARTNERSHIP, BUSINESS TRUST, ASSOCIATION OR ANY OTHER LEGAL COMMERCIAL 32 ENTITY ORGANIZED UNDER THE LAWS OF THIS STATE OR ANY OTHER STATE OR 33 FOREIGN JURISDICTION, INCLUDING ANY SUBSIDIARY DIRECTLY OR INDIRECTLY 34 CONTROLLED BY THE BUSINESS ENTITY, AND ANY POLITICAL ORGANIZATION, 35 INCLUDING BUT NOT LIMITED TO ANY POLITICAL ORGANIZATION ORGANIZED UNDER 36 SECTION 527 OF THE INTERNAL REVENUE CODE, THAT IS DIRECTLY OR INDIRECTLY 37 CONTROLLED BY THE BUSINESS ENTITY; 38 C. "IMMEDIATE FAMILY" MEANS ANY SPOUSE OR CHILD OF AN INDIVIDUAL OR 39 ANY FINANCIALLY DEPENDENT RELATIVES WHO RESIDE IN THE INDIVIDUAL'S 40 HOUSEHOLD; 41 D. "HOUSEKEEPING ACCOUNT" MEANS AN ACCOUNT MAINTAINED BY A PARTY 42 COMMITTEE OR CONSTITUTED COMMITTEE FROM WHICH EXPENDITURES ARE MADE TO 43 MAINTAIN A PERMANENT HEADQUARTERS AND STAFF AND CARRY ON ORDINARY PARTY 44 ACTIVITIES WHICH ARE NOT FOR THE EXPRESS PURPOSE OF PROMOTING THE CANDI- 45 DACY OF SPECIFIC CANDIDATES; 46 E. "CANDIDATE FOR STATE OFFICE" MEANS A CANDIDATE FOR THE FOLLOWING 47 STATE OFFICES: GOVERNOR, LIEUTENANT GOVERNOR, ATTORNEY GENERAL, COMP- 48 TROLLER, SENATOR, AND MEMBER OF THE ASSEMBLY; 49 F. "BEHESTED PAYMENTS" MEANS CONTRIBUTIONS OR PAYMENTS SOLICITED BY 50 STATE ELECTED OFFICIALS TO BE USED FOR LEGISLATIVE, GOVERNMENTAL OR 51 CHARITABLE PURPOSES, BUT NOT CAMPAIGN PURPOSES; AND 52 G. "PERSONAL BUSINESS TRANSACTION" MEANS TRANSACTIONS FOR SERVICES 53 OFFERED BY THE ELECTED OFFICIAL IN HIS OR HER CAPACITY AS A PRIVATE 54 CITIZEN TO ANY MEMBER OF THE PUBLIC. 55 2. THE FOLLOWING PERSONS AND BUSINESS ENTITIES WHO MAKE A CONTRIBUTION 56 TO A CANDIDATE FOR STATE OFFICE, A POLITICAL COMMITTEE WORKING DIRECTLY A. 2020--A 3 1 OR INDIRECTLY TO AID OR PARTICIPATE IN SUCH CANDIDATE'S NOMINATION OR 2 ELECTION, A POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY SUCH CANDI- 3 DATE, OR A STATE OR LOCAL COMMITTEE OF A POLITICAL PARTY, INCLUDING A 4 HOUSEKEEPING ACCOUNT, SHALL FILE REPORTS AS REQUIRED BY SUBDIVISION 5 THREE OF THIS SECTION WITH THE STATE BOARD OF ELECTIONS WITHIN SEVEN 6 CALENDAR DAYS AFTER THE DATE OF A CONTRIBUTION: 7 A. A LOBBYIST REGISTERED UNDER SECTION ONE-E OF THE LEGISLATIVE LAW, 8 INCLUDING ANY PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY 9 THAT IS SO REGISTERED; 10 B. ANY PERSON WHO OWNS MORE THAN TEN PERCENT OF A BUSINESS ENTITY 11 DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION; 12 C. ANY PERSON EMPLOYED BY AN ORGANIZATION, GROUP, OR BUSINESS ENTITY 13 DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION WHO HOLDS A SENIOR MANAGE- 14 MENT POSITION AS DEFINED BY THE COMMISSION ON GOVERNMENTAL ETHICS; 15 D. THE IMMEDIATE FAMILY MEMBER OF A PERSON WHO IS DESCRIBED IN PARA- 16 GRAPH A, B OR C OF THIS SUBDIVISION; OR 17 E. ANY POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY A PERSON, 18 ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY DESCRIBED IN PARA- 19 GRAPHS A, B, C OR D OF THIS SUBDIVISION. 20 3. THE BOARD OF ELECTIONS SHALL PRESCRIBE FORMS AND PROCEDURES FOR THE 21 REPORTING REQUIRED IN SUBDIVISION TWO OF THIS SECTION WHICH, AT A MINI- 22 MUM, SHALL REQUIRE ELECTRONIC FILING OF THE FOLLOWING INFORMATION: 23 A. THE NAME, ADDRESS, EMPLOYER AND NAME OF SPOUSE OF THE PERSON MAKING 24 THE CONTRIBUTION AND THE NAME OF THE SPOUSE'S EMPLOYER; 25 B. THE NAME OF THE CANDIDATE, POLITICAL COMMITTEE, OR STATE OR LOCAL 26 COMMITTEE OF A POLITICAL PARTY, INCLUDING A HOUSEKEEPING ACCOUNT, 27 RECEIVING THE CONTRIBUTION; 28 C. THE AMOUNT AND DATE OF THE CONTRIBUTION; AND 29 D. IF AN ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY IS MAKING 30 THE CONTRIBUTION: 31 (I) THE NAMES AND BUSINESS ADDRESSES OF ALL PERSONS WHO OWN MORE THAN 32 TEN PERCENT OF THE ORGANIZATION, GROUP OR ENTITY; OR 33 (II) THE NAMES AND BUSINESS ADDRESSES OF ALL PERSONS EMPLOYED BY THE 34 ORGANIZATION, GROUP, OR BUSINESS ENTITY WHO HOLD A SENIOR MANAGEMENT 35 POSITION AS DEFINED BY THE COMMISSION ON GOVERNMENTAL ETHICS. 36 4. ELECTED OFFICIALS MUST REPORT ANY BEHESTED PAYMENTS THEY HAVE 37 SOLICITED IF THEY TOTAL FIVE THOUSAND DOLLARS OR MORE PER CALENDAR YEAR 38 FROM A SINGLE SOURCE WITHIN THIRTY DAYS OF THE DATE THE BEHESTED PAYMENT 39 IS MADE ON FORMS PROSCRIBED BY THE COMMISSION ON GOVERNMENTAL ETHICS. 40 5. THE BOARD OF ELECTIONS SHALL MAINTAIN COMPLETED FORMS AND REPORTS 41 DESCRIBED IN SUBDIVISION TWO OF THIS SECTION FOR PUBLIC INSPECTION BOTH 42 AT THE BOARD OF ELECTIONS OFFICE AND THROUGH THE BOARD OF ELECTIONS 43 ELECTRONIC FILING SYSTEM FOR CAMPAIGN FINANCE DISCLOSURE (EFS). 44 6. IT SHALL BE UNLAWFUL FOR ANY PERSON, ORGANIZATION, GROUP OF PERSONS 45 OR BUSINESS ENTITY DESCRIBED IN PARAGRAPHS A, B, C, D AND E OF SUBDIVI- 46 SION TWO OF THIS SECTION TO: 47 A. MAKE CONTRIBUTIONS TO A CANDIDATE FOR STATE OFFICE, A POLITICAL 48 COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID OR PARTICIPATE IN SUCH 49 CANDIDATE'S NOMINATION OR ELECTION, OR A POLITICAL COMMITTEE ESTABLISHED 50 OR CONTROLLED BY SUCH CANDIDATE THAT EXCEED THE FOLLOWING AMOUNTS PER 51 ELECTION FOR THE FOLLOWING OFFICES: 52 (I) GOVERNOR: FIVE HUNDRED DOLLARS; 53 (II) LIEUTENANT GOVERNOR: FIVE HUNDRED DOLLARS; 54 (III) ATTORNEY GENERAL: FIVE HUNDRED DOLLARS; 55 (IV) COMPTROLLER: FIVE HUNDRED DOLLARS; 56 (V) SENATOR: THREE HUNDRED FIFTY DOLLARS; AND A. 2020--A 4 1 (VI) MEMBER OF ASSEMBLY: TWO HUNDRED FIFTY DOLLARS; 2 B. MAKE CONTRIBUTIONS TO: 3 (I) POLITICAL COMMITTEES WORKING DIRECTLY OR INDIRECTLY TO AID OR 4 PARTICIPATE IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR THE OFFICES 5 DESCRIBED IN SUBPARAGRAPHS (I), (II), (III), (IV), (V) AND (VI) OF PARA- 6 GRAPH A OF THIS SUBDIVISION, OR OTHER POLITICAL COMMITTEES ESTABLISHED 7 OR CONTROLLED BY A CANDIDATE FOR THE OFFICES DESCRIBED IN SUBPARAGRAPHS 8 (I), (II), (III), (IV), (V) AND (VI) OF PARAGRAPH A OF THIS SUBDIVISION, 9 THAT IN THE AGGREGATE EXCEED FOUR THOUSAND DOLLARS PER ELECTION; OR 10 (II) STATE OR LOCAL COMMITTEES OF A POLITICAL PARTY, OR ANY HOUSE- 11 KEEPING ACCOUNT, IN AN AMOUNT GREATER THAN ONE THOUSAND DOLLARS PER 12 ELECTION, AND IN AN AGGREGATE TO ALL STATE OR LOCAL COMMITTEES OF POLI- 13 TICAL PARTIES IN AN AGGREGATE THAT EXCEEDS TWO THOUSAND DOLLARS PER 14 ELECTION; 15 C. TRANSMIT A CONTRIBUTION ON BEHALF OF ANOTHER TO, OR SOLICIT A 16 CONTRIBUTION ON BEHALF OF: 17 (I) A CANDIDATE FOR ANY OF THE OFFICES FOR WHICH CONTRIBUTIONS ARE 18 LIMITED UNDER PARAGRAPH A OF THIS SUBDIVISION; 19 (II) ANY POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID OR 20 PARTICIPATE IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR OFFICE FOR 21 WHICH THEIR CONTRIBUTIONS ARE LIMITED IN PARAGRAPH A OF THIS SUBDIVI- 22 SION, OR ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY A 23 CANDIDATE FOR THE OFFICES FOR WHICH THEIR CONTRIBUTIONS ARE LIMITED 24 UNDER PARAGRAPH A OF THIS SUBDIVISION; 25 (III) A STATE OR LOCAL COMMITTEE OF A POLITICAL PARTY, INCLUDING A 26 HOUSEKEEPING ACCOUNT; 27 D. PARTICIPATE IN ANY FUND-RAISING ACTIVITIES FOR: 28 (I) A CANDIDATE FOR ANY OF THE OFFICES FOR WHICH CONTRIBUTIONS ARE 29 LIMITED UNDER PARAGRAPH A OF THIS SUBDIVISION; 30 (II) ANY POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID OR 31 PARTICIPATE IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR OFFICE FOR 32 WHICH THEIR CONTRIBUTIONS ARE LIMITED IN PARAGRAPH A OF THIS SUBDIVI- 33 SION, OR ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY A 34 CANDIDATE FOR THE OFFICES FOR WHICH THEIR CONTRIBUTIONS ARE LIMITED 35 UNDER PARAGRAPH A OF THIS SUBDIVISION; 36 (III) A STATE OR LOCAL COMMITTEE OF A POLITICAL PARTY, INCLUDING A 37 HOUSEKEEPING ACCOUNT; 38 E. SERVE AS CHAIRPERSON, TREASURER, OR ANY OTHER OFFICER OF: 39 (I) ANY POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID OR 40 PARTICIPATE IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR OFFICE FOR 41 WHICH THEIR CONTRIBUTIONS ARE LIMITED UNDER PARAGRAPH A OF THIS SUBDIVI- 42 SION; OR 43 (II) ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY A 44 CANDIDATE FOR WHICH THEIR CONTRIBUTIONS ARE LIMITED UNDER PARAGRAPH A OF 45 THIS SUBDIVISION; 46 F. CONDUCT PERSONAL BUSINESS TRANSACTIONS IN AN AMOUNT OVER TWO THOU- 47 SAND DOLLARS IN ANY CALENDAR YEAR WITH A PUBLIC OFFICIAL HOLDING THE 48 OFFICES FOR WHICH THEIR CONTRIBUTIONS ARE LIMITED UNDER PARAGRAPH A OF 49 THIS SUBDIVISION; 50 G. DELIVER TO ANY CONDUIT OR INTERMEDIARY ANY CONTRIBUTION EARMARKED 51 FOR A PARTICULAR CANDIDATE FOR THE OFFICES FOR WHICH THEIR CONTRIBUTIONS 52 ARE LIMITED UNDER PARAGRAPH A OF THIS SUBDIVISION, OR ANY COMMITTEE 53 WORKING DIRECTLY OR INDIRECTLY TO AID OR PARTICIPATE IN SUCH CANDIDATE'S 54 NOMINATION OR ELECTION, OR ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR 55 CONTROLLED BY SUCH CANDIDATE; OR A. 2020--A 5 1 H. KNOWINGLY TAKE OTHER STEPS TO CIRCUMVENT THE RESTRICTIONS IN THIS 2 SUBSECTION. 3 7. NO CANDIDATE FOR STATE OFFICE, COMMITTEE WORKING DIRECTLY OR INDI- 4 RECTLY TO AID OR PARTICIPATE IN SUCH CANDIDATE'S NOMINATION OR ELECTION, 5 OR ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY SUCH 6 CANDIDATE SHALL ACCEPT CONTRIBUTIONS FROM ANY PERSON, ORGANIZATION, 7 GROUP OF PERSONS, OR BUSINESS ENTITY DESCRIBED IN PARAGRAPH A, B, C, D 8 OR E OF SUBDIVISION TWO OF THIS SECTION THAT EXCEED THE FOLLOWING 9 AMOUNTS PER ELECTION FOR THE FOLLOWING OFFICES: 10 A. GOVERNOR: FIVE HUNDRED DOLLARS; 11 B. LIEUTENANT GOVERNOR: FIVE HUNDRED DOLLARS; 12 C. COMPTROLLER: FIVE HUNDRED DOLLARS; 13 D. ATTORNEY GENERAL: FIVE HUNDRED DOLLARS; 14 E. SENATOR: THREE HUNDRED FIFTY DOLLARS; AND 15 F. MEMBER OF ASSEMBLY: TWO HUNDRED FIFTY DOLLARS. 16 8. NO STATE OR LOCAL POLITICAL PARTY COMMITTEES, INCLUDING ANY HOUSE- 17 KEEPING ACCOUNT, SHALL ACCEPT CONTRIBUTIONS IN AN AMOUNT GREATER THAN 18 ONE THOUSAND DOLLARS PER ELECTION FROM ANY PERSON, ORGANIZATION, GROUP 19 OF PERSONS OR BUSINESS ENTITY DESCRIBED IN PARAGRAPH A, B, C, D OR E OF 20 SUBDIVISION TWO OF THIS SECTION. 21 9. NO PUBLIC OFFICIAL HOLDING ANY OF THE OFFICES LISTED IN PARAGRAPH A 22 OF SUBDIVISION SIX OF THIS SECTION SHALL CONDUCT PERSONAL BUSINESS TRAN- 23 SACTIONS IN AN AMOUNT OVER TWO THOUSAND DOLLARS IN ANY CALENDAR YEAR 24 WITH ANY PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY 25 DESCRIBED IN PARAGRAPH A, B, C, D OR E OF SUBDIVISION TWO OF THIS 26 SECTION. 27 10. THIS SECTION SHALL NOT PROHIBIT ANY PERSON FROM INFORMING ANY 28 OTHER PERSON OF A POSITION TAKEN BY A PUBLIC OFFICIAL OR A CANDIDATE FOR 29 PUBLIC OFFICE. 30 11. THE PROVISIONS OF SUBDIVISIONS TWO AND SIX OF THIS SECTION SHALL 31 NOT APPLY TO THE CAMPAIGN OF ANY PERSON DESCRIBED IN PARAGRAPH A, B, C 32 OR D OF SUBDIVISION TWO OF THIS SECTION WHO IS A CANDIDATE FOR ANY OF 33 THOSE OFFICES LISTED IN PARAGRAPH A OF SUBDIVISION SIX OF THIS SECTION. 34 S 14-132. GOVERNMENT CONTRACTOR REPORTING AND CONTRIBUTION LIMITS. 1. 35 DEFINITIONS. THE FOLLOWING DEFINITIONS SHALL APPLY TO THIS SECTION: 36 A. "AGENT" MEANS ANY PERSON ACTING AT THE DIRECTION OF OR ON BEHALF OF 37 AN INDIVIDUAL OR BUSINESS ENTITY; 38 B. "BUSINESS ENTITY" MEANS A BUSINESS CORPORATION, PROFESSIONAL 39 SERVICES CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, LIMITED 40 PARTNERSHIP, BUSINESS TRUST, ASSOCIATION OR ANY OTHER LEGAL COMMERCIAL 41 ENTITY ORGANIZED UNDER THE LAWS OF THIS STATE OR ANY OTHER STATE OR 42 FOREIGN JURISDICTION, INCLUDING ANY SUBSIDIARY DIRECTLY OR INDIRECTLY 43 CONTROLLED BY THE BUSINESS ENTITY, AND ANY POLITICAL ORGANIZATION, 44 INCLUDING BUT NOT LIMITED TO ANY POLITICAL ORGANIZATION ORGANIZED UNDER 45 SECTION 527 OF THE INTERNAL REVENUE CODE, THAT IS DIRECTLY OR INDIRECTLY 46 CONTROLLED BY THE BUSINESS ENTITY; 47 C. "IMMEDIATE FAMILY" MEANS ANY SPOUSE OR CHILD OF AN INDIVIDUAL OR 48 ANY FINANCIALLY DEPENDENT RELATIVES WHO RESIDE IN THE INDIVIDUAL'S 49 HOUSEHOLD; 50 D. "HOUSEKEEPING ACCOUNT" MEANS AN ACCOUNT MAINTAINED BY A PARTY 51 COMMITTEE OR CONSTITUTED COMMITTEE FROM WHICH EXPENDITURES ARE MADE TO 52 MAINTAIN A PERMANENT HEADQUARTERS AND STAFF AND CARRY ON ORDINARY PARTY 53 ACTIVITIES WHICH ARE NOT FOR THE EXPRESS PURPOSE OF PROMOTING THE CANDI- 54 DACY OF SPECIFIC CANDIDATES; A. 2020--A 6 1 E. "CANDIDATE FOR STATE OFFICE" MEANS A CANDIDATE FOR THE FOLLOWING 2 STATE OFFICES: GOVERNOR, LIEUTENANT GOVERNOR, ATTORNEY GENERAL, COMP- 3 TROLLER, SENATOR, AND MEMBER OF THE ASSEMBLY; AND 4 F. "PERSONAL BUSINESS TRANSACTION" MEANS TRANSACTIONS FOR SERVICES 5 OFFERED BY THE ELECTED OFFICIAL IN HIS OR HER CAPACITY AS A PRIVATE 6 CITIZEN TO ANY MEMBER OF THE PUBLIC. 7 2. THE FOLLOWING PERSONS AND BUSINESS ENTITIES WHO MAKE A CONTRIBUTION 8 TO A CANDIDATE FOR STATE OFFICE, A POLITICAL COMMITTEE WORKING DIRECTLY 9 OR INDIRECTLY TO AID OR PARTICIPATE IN SUCH CANDIDATE'S NOMINATION OR 10 ELECTION, A POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY SUCH CANDI- 11 DATE, OR A STATE OR LOCAL COMMITTEE OF A POLITICAL PARTY, INCLUDING A 12 HOUSEKEEPING ACCOUNT, SHALL FILE REPORTS AS REQUIRED BY SUBDIVISION 13 THREE OF THIS SECTION WITH THE BOARD OF ELECTIONS WITHIN SEVEN CALENDAR 14 DAYS AFTER THE DATE OF A CONTRIBUTION MADE WITHIN THIRTY-SIX DAYS OF AN 15 ELECTION, OR, FOR CONTRIBUTIONS MADE AT ANY OTHER TIME, WITHIN 16 THIRTY-SIX DAYS OF THE DATE OF THE CONTRIBUTION OR THE DATE OF ANY 17 APPLICABLE CONTRACT, WHICHEVER OCCURS LATER: 18 A. ANY PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY THAT 19 HAS RECEIVED, IN A CALENDAR YEAR FIFTY THOUSAND DOLLARS OR MORE THROUGH 20 CONTRACTS FROM THE STATE OR ANY STATE-APPOINTED ENTITY WITH CONTRACTING 21 POWER; 22 B. ANY PERSON WHO OWNS MORE THAN TEN PERCENT OF A BUSINESS ENTITY THAT 23 IS DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION; 24 C. ANY PERSON EMPLOYED BY AN ORGANIZATION, GROUP, OR BUSINESS ENTITY 25 DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION WHO HOLDS A SENIOR MANAGE- 26 MENT POSITION AS DEFINED BY THE STATE ETHICS COMMISSION; 27 D. THE IMMEDIATE FAMILY MEMBER OF A PERSON WHO IS DESCRIBED IN PARA- 28 GRAPH A, B OR C OF THIS SUBDIVISION; OR 29 E. ANY POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY A PERSON, 30 ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY DESCRIBED IN PARAGRAPH 31 A, B, C AND D OF THIS SUBDIVISION. 32 3. THE BOARD OF ELECTIONS SHALL PRESCRIBE FORMS AND PROCEDURES FOR THE 33 REPORTING REQUIRED IN SUBDIVISION TWO OF THIS SECTION WHICH, AT A MINI- 34 MUM, SHALL REQUIRE THE ELECTRONIC FILING OF THE FOLLOWING INFORMATION: 35 A. THE NAME, ADDRESS, EMPLOYER AND THE NAME OF SPOUSE OF THE PERSON 36 MAKING THE CONTRIBUTION AND THE NAME OF THE SPOUSE'S EMPLOYER; 37 B. THE NAME OF THE CANDIDATE, POLITICAL COMMITTEE, OR STATE OR LOCAL 38 COMMITTEE OF A POLITICAL PARTY, INCLUDING A HOUSEKEEPING ACCOUNT, 39 RECEIVING THE CONTRIBUTION; 40 C. THE AMOUNT OF THE CONTRACT WITH THE STATE OR OTHER ENTITY DEFINED 41 IN PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, AND THE DATES AND 42 OTHER INFORMATION IDENTIFYING EACH CONTRACT FOR SERVICES OR GOODS; AND 43 D. IF AN ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY IS MAKING 44 THE CONTRIBUTION: 45 (I) THE NAMES AND BUSINESS ADDRESSES OF ALL PERSONS WHO OWN MORE THAN 46 TEN PERCENT OF THE ORGANIZATION, GROUP OR ENTITY; OR 47 (II) THE NAMES AND BUSINESS ADDRESSES OF ALL PERSONS EMPLOYED BY THE 48 ORGANIZATION, GROUP, OR BUSINESS ENTITY WHO HOLD A SENIOR MANAGEMENT 49 POSITION AS DEFINED BY THE COMMISSION ON GOVERNMENTAL ETHICS. 50 4. THE BOARD OF ELECTIONS SHALL MAINTAIN COMPLETED FORMS AND REPORTS 51 DESCRIBED IN SUBDIVISION TWO OF THIS SECTION FOR PUBLIC INSPECTION BOTH 52 AT THE BOARD OF ELECTIONS OFFICE AND THROUGH THE BOARD OF ELECTIONS 53 ELECTRONIC FILING SYSTEM FOR CAMPAIGN FINANCE DISCLOSURE (EFS). 54 5. FROM TWELVE MONTHS AFTER A BID OR PROPOSAL TO THE RELEVANT AGENCY 55 OR CONTRACTING AUTHORITY FOR A CONTRACT DESCRIBED IN SUBDIVISION TWO OF 56 THIS SECTION AND EITHER TWELVE MONTHS AFTER COMPLETION OF THE APPLICABLE A. 2020--A 7 1 CONTRACT, OR UPON COMPLETION OF THE APPLICABLE ELECTED OFFICIAL'S TERM 2 IN OFFICE, WHICHEVER IS LONGER, IT SHALL BE UNLAWFUL FOR ANY PERSON, 3 ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY DESCRIBED IN PARA- 4 GRAPHS A, B, C AND D OR E OF SUBDIVISION TWO OF THIS SECTION TO: 5 A. MAKE CONTRIBUTIONS TO A CANDIDATE FOR STATE OFFICE, ANY POLITICAL 6 COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID OR PARTICIPATE IN SUCH 7 CANDIDATE'S NOMINATION OR ELECTION, OR ANY OTHER POLITICAL COMMITTEE 8 ESTABLISHED OR CONTROLLED BY SUCH CANDIDATE THAT EXCEED THE FOLLOWING 9 AMOUNTS PER ELECTION FOR THE FOLLOWING OFFICES: 10 (I) GOVERNOR: FIVE HUNDRED DOLLARS; 11 (II) LIEUTENANT GOVERNOR: FIVE HUNDRED DOLLARS; 12 (III) COMPTROLLER: FIVE HUNDRED DOLLARS; 13 (IV) ATTORNEY GENERAL: FIVE HUNDRED DOLLARS; 14 (V) SENATOR: THREE HUNDRED FIFTY DOLLARS; OR 15 (VI) MEMBER OF ASSEMBLY: TWO HUNDRED FIFTY DOLLARS; 16 B. MAKE CONTRIBUTIONS TO: 17 (I) POLITICAL COMMITTEES WORKING DIRECTLY OR INDIRECTLY TO AID OR 18 PARTICIPATE IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR THE OFFICES 19 DESCRIBED IN SUBPARAGRAPHS (I), (II), (III), (IV), (V) AND (VI) OF PARA- 20 GRAPH A OF THIS SUBDIVISION, OR OTHER POLITICAL COMMITTEES ESTABLISHED 21 OR CONTROLLED BY A CANDIDATE FOR THE OFFICES DESCRIBED IN SUBPARAGRAPHS 22 (I), (II), (III), (IV), (V) AND (VI) OF PARAGRAPH A OF THIS SUBDIVISION 23 THAT IN THE AGGREGATE EXCEED FOUR THOUSAND DOLLARS PER ELECTION; OR 24 (II) STATE OR LOCAL COMMITTEES OF A POLITICAL PARTY, OR ANY HOUSE- 25 KEEPING ACCOUNT, IN AN AMOUNT GREATER THAN ONE THOUSAND DOLLARS PER 26 ELECTION, AND IN AN AGGREGATE TO ALL STATE OR LOCAL COMMITTEES OF POLI- 27 TICAL PARTIES IN AN AGGREGATE THAT EXCEEDS TWO THOUSAND DOLLARS PER 28 ELECTION; 29 C. SOLICIT A CONTRIBUTION ON BEHALF OF, OR TRANSMIT A CONTRIBUTION ON 30 BEHALF OF ANOTHER TO: 31 (I) A CANDIDATE FOR ANY OF THE OFFICES FOR WHICH CONTRIBUTIONS ARE 32 LIMITED UNDER PARAGRAPH A OF THIS SUBDIVISION; 33 (II) ANY POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID OR 34 PARTICIPATE IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR OFFICE FOR 35 WHICH THEIR CONTRIBUTIONS ARE LIMITED IN PARAGRAPH A OF THIS SUBDIVI- 36 SION, OR ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY A 37 CANDIDATE FOR THE OFFICES FOR WHICH THEIR CONTRIBUTIONS ARE LIMITED 38 UNDER PARAGRAPH A OF THIS SUBDIVISION; 39 (III) A STATE OR LOCAL COMMITTEE OF A POLITICAL PARTY INCLUDING A 40 HOUSEKEEPING ACCOUNT; 41 D. PARTICIPATE IN ANY FUND-RAISING ACTIVITIES FOR: 42 (I) A CANDIDATE FOR ANY OF THE OFFICES FOR WHICH CONTRIBUTIONS ARE 43 LIMITED UNDER PARAGRAPH A OF THIS SUBDIVISION; 44 (II) ANY POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID OR 45 PARTICIPATE IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR OFFICE FOR 46 WHICH THEIR CONTRIBUTIONS ARE LIMITED IN PARAGRAPH A OF THIS SUBDIVI- 47 SION, OR ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY A 48 CANDIDATE FOR THE OFFICES FOR WHICH THEIR CONTRIBUTIONS ARE LIMITED 49 UNDER PARAGRAPH A OF THIS SUBDIVISION; 50 (III) A STATE OR LOCAL COMMITTEE OF A POLITICAL PARTY, INCLUDING A 51 HOUSEKEEPING ACCOUNT; 52 E. SERVE AS CHAIRPERSON, TREASURER, OR ANY OTHER OFFICER OF: 53 (I) ANY POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID OR 54 PARTICIPATE IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR OFFICE FOR 55 WHICH THEIR CONTRIBUTIONS ARE LIMITED UNDER PARAGRAPH A OF THIS SUBDIVI- 56 SION; OR A. 2020--A 8 1 (II) ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY A 2 CANDIDATE FOR WHICH THEIR CONTRIBUTIONS ARE LIMITED UNDER PARAGRAPH A OF 3 THIS SUBDIVISION; 4 F. CONDUCT PERSONAL BUSINESS TRANSACTIONS IN AN AMOUNT OVER TWO THOU- 5 SAND DOLLARS IN ANY CALENDAR YEAR WITH A PUBLIC OFFICIAL HOLDING THE 6 OFFICES FOR WHICH THEIR CONTRIBUTIONS ARE LIMITED UNDER PARAGRAPH A OF 7 THIS SUBDIVISION; 8 G. DELIVER TO ANY CONDUIT OR INTERMEDIARY ANY CONTRIBUTION EARMARKED 9 FOR A PARTICULAR CANDIDATE FOR THE OFFICES FOR WHICH THEIR CONTRIBUTIONS 10 ARE LIMITED UNDER PARAGRAPH A OF THIS SUBDIVISION, OR ANY COMMITTEE 11 WORKING DIRECTLY OR INDIRECTLY TO AID OR PARTICIPATE IN SUCH CANDIDATE'S 12 NOMINATION OR ELECTION, OR ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR 13 CONTROLLED BY SUCH CANDIDATE; OR 14 H. KNOWINGLY TAKE ANY STEP TO CIRCUMVENT THE RESTRICTIONS IN THIS 15 SUBDIVISION. 16 I. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY FOR A CONTRACTOR 17 MAKING A CONTRIBUTION, OR ANY DISCLOSURE THEREOF REQUIRED BY THIS ARTI- 18 CLE, IN ANY CALENDAR YEAR IN WHICH SUCH CONTRACTOR RECEIVES FUNDS 19 DISBURSED BY THE STATE OR ANY INSTRUMENTALITY THEREOF PURSUANT TO A 20 FEDERAL STATUTE, RULE OR REGULATION THAT WOULD RENDER THE STATE OR SUCH 21 INSTRUMENTALITY OR CONTRACTOR INELIGIBLE TO RECEIVE SUCH FUNDS BY VIRTUE 22 OF THE OPERATION OF THIS SECTION. 23 THIS SUBDIVISION SHALL NOT BE APPLICABLE TO CONTRIBUTIONS MADE BY ANY 24 PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY AT A TIME WHEN 25 THE PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY DID NOT 26 MEET THE DESCRIPTIONS OF PARAGRAPHS A, B, C, D AND E OF SUBDIVISION TWO 27 OF THIS SECTION. 28 6. THE STATE OR ANY STATE DEPARTMENT, PUBLIC ENTITY OR AUTHORITY WITH 29 CONTRACT-MAKING POWER SHALL NOT ENTER INTO AN AGREEMENT OR OTHERWISE 30 CONTRACT TO PROCURE SERVICES OR ANY MATERIAL, SUPPLIES OR EQUIPMENT, OR 31 TO ACQUIRE, SELL, OR LEASE ANY LAND OR BUILDING FROM ANY PERSON, ORGAN- 32 IZATION, GROUP OF PERSONS OR BUSINESS ENTITY DESCRIBED IN PARAGRAPHS A, 33 B, C AND D OF SUBDIVISION TWO OF THIS SECTION WHO HAS MADE A CONTRIB- 34 UTION PROHIBITED IN SUBDIVISION FIVE OF THIS SECTION. THIS SUBDIVISION 35 SHALL NOT BE APPLICABLE TO CONTRIBUTIONS MADE BY ANY PERSON, ORGANIZA- 36 TION, GROUP OF PERSONS OR BUSINESS ENTITY AT A TIME WHEN THE PERSON, 37 ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY DID NOT MEET THE 38 DESCRIPTIONS OF PARAGRAPH A, B, C, D OR E OF SUBDIVISION TWO OF THIS 39 SECTION. NOTHING IN THIS SECTION SHALL IMPAIR THE POWER OF THE STATE OR 40 ANY INSTRUMENTALITY THEREOF TO ENTER INTO A CONTRACT WITH ANY CONTRACTOR 41 WHERE FEDERAL FUNDS WOULD SUPPORT THE PAYMENT OR PERFORMANCE OF SUCH 42 CONTRACT AND A FEDERAL STATUTE, RULE OR REGULATION WOULD RENDER THE 43 STATE OR SUCH INSTRUMENTALITY OR CONTRACTOR INELIGIBLE TO RECEIVE SUCH 44 FUNDS BY VIRTUE OF THE OPERATION OF THIS SECTION. 45 7. EVERY CONTRACT AND BID APPLICATION AND SPECIFICATIONS PROMULGATED 46 BY THE STATE OR ANY STATE DEPARTMENT, PUBLIC ENTITY OR AUTHORITY WITH 47 CONTRACT-MAKING POWER SHALL CONTAIN A PROVISION DESCRIBING THE REQUIRE- 48 MENTS OF SECTION 14-116 OF THIS ARTICLE. 49 8. BEFORE ENTERING INTO ANY AGREEMENT OR ANY OTHER CONTRACT TO PROCURE 50 FROM ANY PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY 51 SERVICES OR ANY MATERIAL, SUPPLIES OR EQUIPMENT, OR TO ACQUIRE, SELL, OR 52 LEASE ANY LAND OR BUILDING, THE STATE OR ANY STATE DEPARTMENT, PUBLIC 53 ENTITY OR AUTHORITY WITH CONTRACT-MAKING POWER SHALL RECEIVE A SWORN 54 STATEMENT FROM THE CONTRACTOR, MADE UNDER PENALTY OF PERJURY, THAT THE 55 BIDDER OR OFFERER HAS NOT MADE A CONTRIBUTION IN VIOLATION OF THIS 56 SECTION. A. 2020--A 9 1 9. NO CANDIDATE FOR STATE OFFICE SHALL ACCEPT CAMPAIGN CONTRIBUTIONS 2 FROM A PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY 3 DESCRIBED IN PARAGRAPH A, B, C, D OR E OF SUBDIVISION TWO OF THIS 4 SECTION IN AN AMOUNT EXCEEDING THOSE PERMITTED IN PARAGRAPH A OF SUBDI- 5 VISION FIVE OF THIS SECTION FOR TWELVE MONTHS AFTER COMPLETION OF THE 6 APPLICABLE CONTRACT, OR THE REMAINDER OF THE CANDIDATE'S TERM IN OFFICE, 7 WHICHEVER IS LONGER. THIS SUBDIVISION SHALL NOT BE APPLICABLE TO 8 CONTRIBUTIONS MADE BY ANY PERSON, ORGANIZATION, GROUP OF PERSONS OR 9 BUSINESS ENTITY AT A TIME WHEN THE PERSON, ORGANIZATION, GROUP OF 10 PERSONS OR BUSINESS ENTITY DID NOT MEET THE DESCRIPTIONS OF PARAGRAPH A, 11 B, C, D OR E OF SUBDIVISION TWO OF THIS SECTION. 12 10. NO PUBLIC OFFICIAL HOLDING ANY OF THE OFFICES LISTED IN PARAGRAPH 13 A OF SUBDIVISION FIVE OF THIS SECTION SHALL CONDUCT PERSONAL BUSINESS 14 TRANSACTIONS IN AN AMOUNT OVER TWO THOUSAND DOLLARS IN ANY CALENDAR YEAR 15 WITH ANY PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY 16 DESCRIBED IN PARAGRAPHS A, B, C AND D OF SUBDIVISION TWO OF THIS 17 SECTION. 18 11. THIS SECTION SHALL NOT PROHIBIT ANY PERSON FROM INFORMING ANY 19 OTHER PERSON OF A POSITION TAKEN BY A PUBLIC OFFICIAL OR A CANDIDATE FOR 20 PUBLIC OFFICE. 21 12. THE PROVISIONS OF SUBDIVISIONS TWO AND FIVE OF THIS SECTION SHALL 22 NOT APPLY TO THE CAMPAIGN OF ANY PERSON DESCRIBED IN PARAGRAPH A, B, C 23 OR D OF SUBDIVISION TWO OF THIS SECTION WHO IS A CANDIDATE FOR ANY OF 24 THOSE OFFICES LISTED IN PARAGRAPH A OF SUBDIVISION FIVE OF THIS SECTION. 25 S 14-133. COMMISSIONING AUTHORITIES AND LICENSING AUTHORITIES. THE 26 FOLLOWING PERSONS SHALL NOT BE APPOINTED TO A STATE PUBLIC BOARD OR 27 COMMISSION WHICH HAS THE AUTHORITY TO AWARD OR AUDIT ANY PUBLIC 28 CONTRACT: 29 1. A LOBBYIST REGISTERED UNDER SECTION ONE-E OF THE LEGISLATIVE LAW; 30 2. ANY PERSON OR BUSINESS ENTITY WHO, IN THE PREVIOUS TWO YEARS, HAS 31 RECEIVED FIFTY THOUSAND DOLLARS OR MORE THROUGH ONE OR MORE CONTRACTS 32 FROM THE STATE OR ANY STATE-APPOINTED ENTITY WITH CONTRACTING POWER; 33 3. ANY PERSON WHO OWNS MORE THAN TEN PERCENT OF A BUSINESS ENTITY THAT 34 IS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION; 35 4. ANY PERSON EMPLOYED BY AN ORGANIZATION, GROUP, OR BUSINESS ENTITY 36 DESCRIBED IN SUBDIVISION TWO OF THIS SECTION WHO HOLDS A SENIOR MANAGE- 37 MENT POSITION AS DEFINED BY THE COMMISSION ON GOVERNMENTAL ETHICS; OR 38 5. AN IMMEDIATE FAMILY MEMBER OF A PERSON DESCRIBED IN SUBDIVISION 39 ONE, TWO, THREE, OR FOUR OF THIS SECTION. 40 S 8. Section 14-130 of the election law, as added by chapter 152 of 41 the laws of 1985, is amended to read as follows: 42 S 14-130. Campaign funds for personal use. 1. Contributions received 43 by a candidate or a political committee may ONLY be expended for [any 44 lawful purpose. Such funds shall not be converted by any person to a 45 personal use which is unrelated to a political campaign or the holding 46 of a public office or party position] BONA FIDE PURPOSES DIRECTLY 47 RELATED TO EITHER: 48 A. PROMOTING THE NOMINATION OR ELECTION OF A CANDIDATE; OR 49 B. PERFORMING THOSE DUTIES OF PUBLIC OFFICE OR PARTY POSITION WHICH 50 ARE NOT PAID FOR OR ELIGIBLE FOR REIMBURSEMENT BY THE STATE OR ANY POLI- 51 TICAL SUBDIVISION OR PRIVATE PARTY. 52 2. PERMISSIBLE ORDINARY AND NECESSARY EXPENSES RELATING TO THE HOLDING 53 OF PUBLIC OFFICE OR PARTY POSITION SHALL INCLUDE: 54 A. PRODUCTION AND CIRCULATION OF FLYERS OR OTHER WRITTEN MATERIALS 55 RELATED TO DUTIES OF OFFICEHOLDER; THE PLACEMENT OF HOLIDAY GREETINGS A. 2020--A 10 1 AND CONGRATULATORY ADS AND MEMORIAL NOTICES IN LOCAL NEWSPAPERS, MAGA- 2 ZINES, JOURNALS OR OTHER PUBLICATION; 3 B. SPONSORSHIP OR HOSTING OF COMMUNITY MEETINGS; TICKETS OR DONATIONS 4 TO LOCAL CHARITABLE, NON-PROFIT OR POLITICAL EVENTS, ORGANIZATIONS OR 5 ACTIVITIES THAT PROMOTE THE WELFARE OF CONSTITUENTS OR POLITICAL 6 CAMPAIGNS; 7 C. INCIDENTAL EXPENDITURES FOR THE OPERATION OF LEGISLATIVE OFFICES, 8 INCLUDING PURCHASE OF ITEMS SUCH AS MEMORIAL OR GET-WELL GIFTS, FLOWERS 9 OR SIMILAR ITEMS OF NOMINAL VALUE FOR CONSTITUENTS OR OTHERS; 10 D. MEMBERSHIP IN ORGANIZATIONS RELATED TO OFFICIAL DUTIES AND COSTS OF 11 ATTENDING INFORMATIONAL MEETINGS ATTENDED IN CONNECTION WITH SUCH 12 DUTIES; AND 13 E. TRAVEL RELATED TO DUTIES OF OFFICE, PROVIDED THAT THE TRAVEL IS NOT 14 UNDERTAKEN FOR ANY PURPOSE RESULTING IN A PERSONAL OR FINANCIAL BENEFIT 15 TO THE CANDIDATE OR OFFICEHOLDER. IF SUCH EXPENSES INVOLVE BOTH PERSONAL 16 ACTIVITY AND CAMPAIGN OR OFFICIAL ACTIVITIES, THE INCREMENTAL EXPENSES 17 ASSOCIATED WITH THE PERSONAL ACTIVITIES ARE PERSONAL USES UNLESS THE 18 CAMPAIGN IS REIMBURSED FOR SUCH SUMS FROM OTHER THAN CAMPAIGN FUNDS 19 WITHIN THIRTY DAYS OF THE EXPENDITURE. 20 NOTHING IN THIS SECTION SHALL PROHIBIT A CANDIDATE FROM PURCHASING 21 OFFICE EQUIPMENT WITH PERSONAL FUNDS AND LEASING OR RENTING SUCH EQUIP- 22 MENT OR PROPERTY TO A COMMITTEE WORKING WITH OR FOR THE CANDIDATE, 23 PROVIDED THE CANDIDATE OR THE CAMPAIGN TREASURER SIGN A WRITTEN LEASE OR 24 RENTAL AGREEMENT AND FILES IT WITH THE APPROPRIATE REQUIRED CAMPAIGN 25 FINANCIAL FILING WHICH SHALL INCLUDE THE LEASE OR RENTAL PRICE WHICH 26 SHALL NOT EXCEED THE FAIR LEASE OR RENTAL VALUE OF THE EQUIPMENT OR IN 27 THE AGGREGATE EXCEED THE COST OF ITS PURCHASE. 28 3. CAMPAIGN FUNDS SHALL NOT BE CONVERTED TO PERSONAL USE, WHICH SHALL 29 BE DEFINED AS EXPENDITURES THAT: 30 A. ARE FOR THE PERSONAL BENEFIT OF OR TO DEFRAY NORMAL LIVING EXPENSES 31 OF THE CANDIDATE, OFFICEHOLDER, IMMEDIATE FAMILY OR PARTNER OF EITHER OR 32 ANY OTHER PERSON; 33 B. ARE USED TO FULFILL ANY COMMITMENT, OBLIGATION, OR EXPENSE THAT 34 WOULD EXIST IRRESPECTIVE OF THE CANDIDATE'S CAMPAIGN OR DUTIES AS AN 35 OFFICEHOLDER; OR 36 C. ARE PUT TO ANY USE FOR WHICH THE CANDIDATE OR OFFICEHOLDER WOULD BE 37 REQUIRED TO TREAT THE AMOUNT OF THE EXPENDITURE AS GROSS INCOME UNDER 38 SECTION 61 OF THE INTERNAL REVENUE CODE. 39 4. EXPENDITURES FOR PERSONAL USE SHALL ALSO INCLUDE, BUT ARE NOT 40 LIMITED TO, EXPENDITURES FOR: 41 A. RESIDENTIAL OR HOUSEHOLD ITEMS, SUPPLIES, MAINTENANCE OR OTHER 42 EXPENDITURES, INCLUDING MORTGAGE, RENT, UTILITIES, REPAIRS, OR IMPROVE- 43 MENTS FOR ANY PART OF ANY PERSONAL RESIDENCE OF A CANDIDATE OR OFFICE- 44 HOLDER, HIS OR HER IMMEDIATE FAMILY OR PARTNER; 45 B. RENT OR UTILITY PAYMENTS THAT EXCEED FAIR MARKET VALUE FOR USE OF 46 ANY PART OF ANY NON-RESIDENTIAL PROPERTY OWNED BY A CANDIDATE, OR A 47 MEMBER OF A CANDIDATE'S FAMILY OR PARTNER USED FOR CAMPAIGN PURPOSES; 48 C. SALARY AND OTHER FEES FOR BONA FIDE SERVICES TO A CAMPAIGN OR 49 LEGISLATIVE OFFICE THAT EXCEED FAIR AND REASONABLE MARKET VALUE OF SUCH 50 SERVICES; 51 D. INTEREST OR ANY OTHER FINANCE CHARGES FOR MONIES LOANED TO THE 52 CAMPAIGN BY THE CANDIDATE OR THE SPOUSE OR PARTNER OF SUCH CANDIDATE; 53 E. TUITION PAYMENTS; 54 F. DUES, FEES, OR GRATUITIES AT PRIVATE CLUBS, RECREATIONAL FACILITIES 55 OR OTHER NONPOLITICAL ORGANIZATIONS, UNLESS CONNECTED TO A SPECIFIC A. 2020--A 11 1 WIDELY ATTENDED FUNDRAISING EVENT THAT TAKES PLACE ON THE ORGANIZATION'S 2 PREMISES; 3 G. AUTOMOBILE PURCHASES OR LONG TERM LEASES; SHORT TERM CAR RENTALS 4 AND CELLULAR EQUIPMENT AND SERVICES NOT USED EXCLUSIVELY FOR CAMPAIGN 5 PURPOSES OR DUTIES AS AN OFFICEHOLDER; 6 H. ADMISSION TO SPORTING EVENTS, CONCERTS, THEATERS, OR OTHER FORMS OF 7 ENTERTAINMENT, UNLESS PART OF A SPECIFIC CAMPAIGN OR OFFICEHOLDER 8 RELATED ACTIVITY; AND 9 I. PAYMENT OF ANY FINES, FEES, OR PENALTIES ASSESSED PURSUANT TO THIS 10 CHAPTER. 11 5. NO CAMPAIGN FUNDS SHALL BE USED TO PAY ATTORNEY'S FEES OR ANY COSTS 12 OF DEFENDING AGAINST ANY CIVIL OR CRIMINAL INVESTIGATION OR PROSECUTION 13 FOR ALLEGED VIOLATIONS OF STATE OR FEDERAL LAW ALLEGED TO HAVE BEEN 14 COMMITTED WHILE HOLDING PUBLIC OFFICE OR AS A CANDIDATE FOR OFFICE WHERE 15 THE CANDIDATE OR PUBLIC OR PARTY OFFICIAL, MEMBERS OF THEIR IMMEDIATE 16 FAMILIES OR PARTNERS OR THE CAMPAIGN IS THE TARGET OF SUCH INVESTIGATION 17 OR PROSECUTION UNLESS SUCH EXPENDITURE IS USED EXCLUSIVELY FOR COSTS 18 RELATED TO CIVIL OR CRIMINAL ACTIONS FOR ALLEGED VIOLATIONS RELATED TO 19 ACTIVITIES PROMOTING THE NOMINATION OR ELECTION OF A CANDIDATE. 20 S 9. The election law is amended by adding a new section 14-134 to 21 read as follows: 22 S 14-134. DISPOSITION OF CAMPAIGN FUNDS. 1. AN AUTHORIZED CONTINUING 23 CANDIDATE COMMITTEE MUST DISPOSE OF ALL FUNDS AND CLOSE WITHIN FOUR 24 YEARS AFTER THE LATER OF (A) THE END OF THE INDIVIDUAL'S MOST RECENT 25 TERM OF OFFICE, OR (B) THE DATE OF THE ELECTION IN WHICH THE INDIVIDUAL 26 LAST WAS A FILED CANDIDATE. 27 2. ANY CANDIDATE OR POLITICAL COMMITTEE REQUIRED TO DISPOSE OF FUNDS 28 PURSUANT TO THIS SECTION SHALL, AT THE OPTION OF THE CANDIDATE, OR THE 29 TREASURER OF A POLITICAL COMMITTEE FORMED SOLELY TO PROMOTE THE PASSAGE 30 OR DEFEAT OF A BALLOT PROPOSAL, DISPOSE OF SUCH FUNDS BY ANY OF THE 31 FOLLOWING MEANS, OR ANY COMBINATION THEREOF: 32 A. RETURNING, PRO RATA, TO EACH CONTRIBUTOR THE FUNDS THAT HAVE NOT 33 BEEN SPENT OR OBLIGATED; 34 B. DONATING THE FUNDS TO A CHARITABLE ORGANIZATION OR ORGANIZATIONS 35 THAT MEET THE QUALIFICATIONS OF SECTION 501(C)(3) OF THE INTERNAL REVEN- 36 UE CODE; 37 C. DONATING THE FUNDS TO THE STATE UNIVERSITY; 38 D. DONATING THE FUNDS TO THE STATE'S GENERAL FUND; 39 E. TRANSFERRING THE FUNDS TO A POLITICAL PARTY COMMITTEE REGISTERED 40 WITH THE STATE BOARD OF ELECTIONS; OR 41 F. CONTRIBUTING THE FUNDS TO A CANDIDATE OR POLITICAL COMMITTEE SUCH 42 THAT THIS DOES NOT EXCEED THE LIMITS SET FORTH IN SECTION 14-114 OF THIS 43 ARTICLE. 44 3. NO CANDIDATE OR POLITICAL COMMITTEE SHALL DISPOSE OF CAMPAIGN FUNDS 45 BY MAKING EXPENDITURES FOR PERSONAL USE AS DEFINED IN SECTION 14-130 OF 46 THIS ARTICLE. 47 4. UPON THE DEATH OF A CANDIDATE, FORMER CANDIDATE OR HOLDER OF ELEC- 48 TIVE OFFICE, WHO RECEIVED CAMPAIGN CONTRIBUTIONS, ALL CONTRIBUTIONS 49 SHALL BE DISPOSED OF ACCORDING TO THIS SECTION WITHIN TWELVE MONTHS OF 50 THE DEATH OF THE CANDIDATE. 51 S 10. Subdivision 1 of section 14-102 of the election law, as amended 52 by chapter 8 and redesignated by chapter 9 of the laws of 1978, is 53 amended to read as follows: 54 1. The treasurer of every political committee which, or any officer, 55 member or agent of any such committee who, in connection with any 56 election, receives or expends any money or other valuable thing or A. 2020--A 12 1 incurs any liability to pay money or its equivalent shall file state- 2 ments sworn, or subscribed and bearing a form notice that false state- 3 ments made therein are punishable as a class A misdemeanor pursuant to 4 section 210.45 of the penal law, at the times prescribed by this article 5 setting forth all the receipts, contributions to and the expenditures by 6 and liabilities of the committee, and of its officers, members and 7 agents in its behalf. Such statements shall include the dollar amount of 8 any receipt, contribution or transfer, or the fair market value of any 9 receipt, contribution or transfer, which is other than of money, the 10 name and address of the transferor, contributor or person from whom 11 received, IF THE CONTRIBUTOR IS A LOBBYIST REGISTERED PURSUANT TO ARTI- 12 CLE ONE-A OF THE LEGISLATIVE LAW and if the transferor, contributor or 13 person is a political committee; the name of and the political unit 14 represented by the committee, the date of its receipt, the dollar amount 15 of every expenditure, the name and address of the person to whom it was 16 made or the name of and the political unit represented by the committee 17 to which it was made and the date thereof, and shall state clearly the 18 purpose of such expenditure. Any statement reporting a loan shall have 19 attached to it a copy of the evidence of indebtedness. Expenditures in 20 sums under fifty dollars need not be specifically accounted for by sepa- 21 rate items in said statements, and receipts and contributions aggregat- 22 ing not more than ninety-nine dollars, from any one contributor need not 23 be specifically accounted for by separate items in said statements, 24 provided however, that such expenditures, receipts and contributions 25 shall be subject to the other provisions of section 14-118 of this arti- 26 cle. 27 S 11. Subdivision 3 of section 74 of the public officers law is 28 amended by adding a new paragraph j to read as follows: 29 J. NO OFFICER OR EMPLOYEE OF A STATE AGENCY REQUIRED TO FILE AN ANNUAL 30 STATEMENT OF FINANCIAL DISCLOSURE PURSUANT TO SECTION SEVENTY-THREE-A OF 31 THIS ARTICLE SHALL SOLICIT OR RECEIVE CONTRIBUTIONS FOR A CAMPAIGN FOR 32 STATE OR FEDERAL OFFICE. 33 S 12. This act shall take effect on the first of January next succeed- 34 ing the date on which it shall have become a law; provided that section 35 14-132 of the election law as added by section seven of this act shall 36 take effect two years after such effective date; and provided further 37 that sections eight, nine, ten and eleven of this act shall take effect 38 on the sixtieth day after it shall have become a law; provided, however, 39 that the state board of elections shall notify all registered campaign 40 committees of the applicable provisions of sections eight, nine, ten and 41 eleven of this act within thirty days after this act shall have become a 42 law.