Bill Text: NY A02020 | 2013-2014 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires additional disclosures from lobbyists including: campaign contributions to elected officials; existing business relationships or associations with public officials; and the names of family members of a public official to whom the lobbyist, or his or her employer, paid compensation of over $500 in the preceding calendar year and the amount of compensation paid.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-04-01 - print number 2020a [A02020 Detail]
Download: New_York-2013-A02020-Introduced.html
Bill Title: Requires additional disclosures from lobbyists including: campaign contributions to elected officials; existing business relationships or associations with public officials; and the names of family members of a public official to whom the lobbyist, or his or her employer, paid compensation of over $500 in the preceding calendar year and the amount of compensation paid.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-04-01 - print number 2020a [A02020 Detail]
Download: New_York-2013-A02020-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2020
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, STEVENSON -- read once and
referred to the Committee on Governmental Operations
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. Section 1-c of the legislative law is amended by adding a
2 new subdivision (x) to read as follows:
3 (X) THE TERM "FAMILY MEMBER" SHALL MEAN ANY OF THE FOLLOWING, INCLUD-
4 ING PARENTS, STEPPARENTS, SPOUSE, DOMESTIC PARTNERS, GRANDPARENTS,
5 BROTHERS, SISTERS, UNCLES, AND AUNTS, WHETHER OF THE WHOLE BLOOD OR HALF
6 BLOOD OR BY OR THROUGH LEGAL SANCTION.
7 S 2. Paragraph 5 of subdivision (b) of section 1-h 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 3. Subdivision (b) of section 1-h of the legislative law is amended
20 by adding a new paragraph 6 to read as follows:
21 (6) THE NAME, ADDRESS AND TELEPHONE NUMBER OF ANY PUBLIC OFFICIAL WITH
22 WHOM THE LOBBYIST HAS ANY BUSINESS RELATIONSHIP.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03037-01-3
A. 2020 2
1 S 4. Paragraph 5 of subdivision (b) of section 1-j of the legislative
2 law is amended by adding two new subparagraphs (vi) and (vii) to read as
3 follows:
4 (VI) THE CAMPAIGN CONTRIBUTIONS MADE, IN ANY FORM, TO ANY CAMPAIGN OR
5 POLITICAL COMMITTEE IN NEW YORK STATE BY THE CLIENT BY WHOM OR ON WHOSE
6 BEHALF THE LOBBYIST IS RETAINED, EMPLOYED OR DESIGNATED, BY THE LOBBY-
7 IST, AND BY ANY EMPLOYEES OF THE LOBBYIST.
8 (VII) THE AMOUNT OF COMPENSATION PAID AND THE NAMES OF ANY FAMILY
9 MEMBERS OF A PUBLIC OFFICIAL TO WHOM A LOBBYIST AND THE CLIENT BY WHOM
10 OR ON WHOSE BEHALF THE LOBBYIST IS RETAINED, EMPLOYED OR DESIGNATED HAS
11 PAID COMPENSATION OF MORE THAN FIVE HUNDRED DOLLARS IN THE PRECEDING
12 CALENDAR YEAR FOR PERSONAL EMPLOYMENT OR PROFESSIONAL SERVICES.
13 S 5. Subdivision (b) of section 1-j of the legislative law is amended
14 by adding a new paragraph 7 to read as follows:
15 (7) THE NAME, ADDRESS AND TELEPHONE NUMBER OF ANY PUBLIC OFFICIAL WITH
16 WHOM THE LOBBYIST HAS ANY BUSINESS RELATIONSHIP.
17 S 6. The election law is amended by adding three new sections 14-131,
18 14-132 and 14-133 to read as follows:
19 S 14-131. LOBBYIST REPORTING AND CONTRIBUTION LIMITS. 1. DEFINITIONS.
20 THE FOLLOWING DEFINITIONS SHALL APPLY TO THIS SECTION:
21 A. "AGENT" MEANS ANY PERSON ACTING AT THE DIRECTION OF OR ON BEHALF OF
22 AN INDIVIDUAL OR BUSINESS ENTITY;
23 B. "BUSINESS ENTITY" MEANS A BUSINESS CORPORATION, PROFESSIONAL
24 SERVICES CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, LIMITED
25 PARTNERSHIP, BUSINESS TRUST, ASSOCIATION OR ANY OTHER LEGAL COMMERCIAL
26 ENTITY ORGANIZED UNDER THE LAWS OF THIS STATE OR ANY OTHER STATE OR
27 FOREIGN JURISDICTION, INCLUDING ANY SUBSIDIARY DIRECTLY OR INDIRECTLY
28 CONTROLLED BY THE BUSINESS ENTITY, AND ANY POLITICAL ORGANIZATION,
29 INCLUDING BUT NOT LIMITED TO ANY POLITICAL ORGANIZATION ORGANIZED UNDER
30 SECTION 527 OF THE INTERNAL REVENUE CODE, THAT IS DIRECTLY OR INDIRECTLY
31 CONTROLLED BY THE BUSINESS ENTITY;
32 C. "IMMEDIATE FAMILY" MEANS ANY SPOUSE OR CHILD OF AN INDIVIDUAL OR
33 ANY FINANCIALLY DEPENDENT RELATIVES WHO RESIDE IN THE INDIVIDUAL'S
34 HOUSEHOLD;
35 D. "HOUSEKEEPING ACCOUNT" MEANS AN ACCOUNT MAINTAINED BY A PARTY
36 COMMITTEE OR CONSTITUTED COMMITTEE FROM WHICH EXPENDITURES ARE MADE TO
37 MAINTAIN A PERMANENT HEADQUARTERS AND STAFF AND CARRY ON ORDINARY PARTY
38 ACTIVITIES WHICH ARE NOT FOR THE EXPRESS PURPOSE OF PROMOTING THE CANDI-
39 DACY OF SPECIFIC CANDIDATES;
40 E. "CANDIDATE FOR STATE OFFICE" MEANS A CANDIDATE FOR THE FOLLOWING
41 STATE OFFICES: GOVERNOR, LIEUTENANT GOVERNOR, ATTORNEY GENERAL, COMP-
42 TROLLER, SENATOR, AND MEMBER OF THE ASSEMBLY;
43 F. "BEHESTED PAYMENTS" MEANS CONTRIBUTIONS OR PAYMENTS SOLICITED BY
44 STATE ELECTED OFFICIALS TO BE USED FOR LEGISLATIVE, GOVERNMENTAL OR
45 CHARITABLE PURPOSES, BUT NOT CAMPAIGN PURPOSES; AND
46 G. "PERSONAL BUSINESS TRANSACTION" MEANS TRANSACTIONS FOR SERVICES
47 OFFERED BY THE ELECTED OFFICIAL IN HIS OR HER CAPACITY AS A PRIVATE
48 CITIZEN TO ANY MEMBER OF THE PUBLIC.
49 2. THE FOLLOWING PERSONS AND BUSINESS ENTITIES WHO MAKE A CONTRIBUTION
50 TO A CANDIDATE FOR STATE OFFICE, A POLITICAL COMMITTEE WORKING DIRECTLY
51 OR INDIRECTLY TO AID OR PARTICIPATE IN SUCH CANDIDATE'S NOMINATION OR
52 ELECTION, A POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY SUCH CANDI-
53 DATE, OR A STATE OR LOCAL COMMITTEE OF A POLITICAL PARTY, INCLUDING A
54 HOUSEKEEPING ACCOUNT, SHALL FILE REPORTS AS REQUIRED BY SUBDIVISION
55 THREE OF THIS SECTION WITH THE STATE BOARD OF ELECTIONS WITHIN SEVEN
56 CALENDAR DAYS AFTER THE DATE OF A CONTRIBUTION:
A. 2020 3
1 A. A LOBBYIST REGISTERED UNDER SECTION ONE-E OF THE LEGISLATIVE LAW,
2 INCLUDING ANY PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY
3 THAT IS SO REGISTERED;
4 B. ANY PERSON WHO OWNS MORE THAN TEN PERCENT OF A BUSINESS ENTITY
5 DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION;
6 C. ANY PERSON EMPLOYED BY AN ORGANIZATION, GROUP, OR BUSINESS ENTITY
7 DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION WHO HOLDS A SENIOR MANAGE-
8 MENT POSITION AS DEFINED BY THE COMMISSION ON GOVERNMENTAL ETHICS;
9 D. THE IMMEDIATE FAMILY MEMBER OF A PERSON WHO IS DESCRIBED IN PARA-
10 GRAPH A, B OR C OF THIS SUBDIVISION; OR
11 E. ANY POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY A PERSON,
12 ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY DESCRIBED IN PARA-
13 GRAPHS A, B, C OR D OF THIS SUBDIVISION.
14 3. THE BOARD OF ELECTIONS SHALL PRESCRIBE FORMS AND PROCEDURES FOR THE
15 REPORTING REQUIRED IN SUBDIVISION TWO OF THIS SECTION WHICH, AT A MINI-
16 MUM, SHALL REQUIRE ELECTRONIC FILING OF THE FOLLOWING INFORMATION:
17 A. THE NAME, ADDRESS, EMPLOYER AND NAME OF SPOUSE OF THE PERSON MAKING
18 THE CONTRIBUTION AND THE NAME OF THE SPOUSE'S EMPLOYER;
19 B. THE NAME OF THE CANDIDATE, POLITICAL COMMITTEE, OR STATE OR LOCAL
20 COMMITTEE OF A POLITICAL PARTY, INCLUDING A HOUSEKEEPING ACCOUNT,
21 RECEIVING THE CONTRIBUTION;
22 C. THE AMOUNT AND DATE OF THE CONTRIBUTION; AND
23 D. IF AN ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY IS MAKING
24 THE CONTRIBUTION:
25 (I) THE NAMES AND BUSINESS ADDRESSES OF ALL PERSONS WHO OWN MORE THAN
26 TEN PERCENT OF THE ORGANIZATION, GROUP OR ENTITY; OR
27 (II) THE NAMES AND BUSINESS ADDRESSES OF ALL PERSONS EMPLOYED BY THE
28 ORGANIZATION, GROUP, OR BUSINESS ENTITY WHO HOLD A SENIOR MANAGEMENT
29 POSITION AS DEFINED BY THE COMMISSION ON GOVERNMENTAL ETHICS.
30 4. ELECTED OFFICIALS MUST REPORT ANY BEHESTED PAYMENTS THEY HAVE
31 SOLICITED IF THEY TOTAL FIVE THOUSAND DOLLARS OR MORE PER CALENDAR YEAR
32 FROM A SINGLE SOURCE WITHIN THIRTY DAYS OF THE DATE THE BEHESTED PAYMENT
33 IS MADE ON FORMS PROSCRIBED BY THE COMMISSION ON GOVERNMENTAL ETHICS.
34 5. THE BOARD OF ELECTIONS SHALL MAINTAIN COMPLETED FORMS AND REPORTS
35 DESCRIBED IN SUBDIVISION TWO OF THIS SECTION FOR PUBLIC INSPECTION BOTH
36 AT THE BOARD OF ELECTIONS OFFICE AND THROUGH THE BOARD OF ELECTIONS
37 ELECTRONIC FILING SYSTEM FOR CAMPAIGN FINANCE DISCLOSURE (EFS).
38 6. IT SHALL BE UNLAWFUL FOR ANY PERSON, ORGANIZATION, GROUP OF PERSONS
39 OR BUSINESS ENTITY DESCRIBED IN PARAGRAPHS A, B, C, D AND E OF SUBDIVI-
40 SION TWO OF THIS SECTION TO:
41 A. MAKE CONTRIBUTIONS TO A CANDIDATE FOR STATE OFFICE, A POLITICAL
42 COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID OR PARTICIPATE IN SUCH
43 CANDIDATE'S NOMINATION OR ELECTION, OR A POLITICAL COMMITTEE ESTABLISHED
44 OR CONTROLLED BY SUCH CANDIDATE THAT EXCEED THE FOLLOWING AMOUNTS PER
45 ELECTION FOR THE FOLLOWING OFFICES:
46 (I) GOVERNOR: FIVE HUNDRED DOLLARS;
47 (II) LIEUTENANT GOVERNOR: FIVE HUNDRED DOLLARS;
48 (III) ATTORNEY GENERAL: FIVE HUNDRED DOLLARS;
49 (IV) COMPTROLLER: FIVE HUNDRED DOLLARS;
50 (V) SENATOR: THREE HUNDRED FIFTY DOLLARS; AND
51 (VI) MEMBER OF ASSEMBLY: TWO HUNDRED FIFTY DOLLARS;
52 B. MAKE CONTRIBUTIONS TO:
53 (I) POLITICAL COMMITTEES WORKING DIRECTLY OR INDIRECTLY TO AID OR
54 PARTICIPATE IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR THE OFFICES
55 DESCRIBED IN SUBPARAGRAPHS (I), (II), (III), (IV), (V) AND (VI) OF PARA-
56 GRAPH A OF THIS SUBDIVISION, OR OTHER POLITICAL COMMITTEES ESTABLISHED
A. 2020 4
1 OR CONTROLLED BY A CANDIDATE FOR THE OFFICES DESCRIBED IN SUBPARAGRAPHS
2 (I), (II), (III), (IV), (V) AND (VI) OF PARAGRAPH A OF THIS SUBDIVISION,
3 THAT IN THE AGGREGATE EXCEED FOUR THOUSAND DOLLARS PER ELECTION; OR
4 (II) STATE OR LOCAL COMMITTEES OF A POLITICAL PARTY, OR ANY HOUSE-
5 KEEPING ACCOUNT, IN AN AMOUNT GREATER THAN ONE THOUSAND DOLLARS PER
6 ELECTION, AND IN AN AGGREGATE TO ALL STATE OR LOCAL COMMITTEES OF POLI-
7 TICAL PARTIES IN AN AGGREGATE THAT EXCEEDS TWO THOUSAND DOLLARS PER
8 ELECTION;
9 C. TRANSMIT A CONTRIBUTION ON BEHALF OF ANOTHER TO, OR SOLICIT A
10 CONTRIBUTION ON BEHALF OF:
11 (I) A CANDIDATE FOR ANY OF THE OFFICES FOR WHICH CONTRIBUTIONS ARE
12 LIMITED UNDER PARAGRAPH A OF THIS SUBDIVISION;
13 (II) ANY POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID OR
14 PARTICIPATE IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR OFFICE FOR
15 WHICH THEIR CONTRIBUTIONS ARE LIMITED IN PARAGRAPH A OF THIS SUBDIVI-
16 SION, OR ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY A
17 CANDIDATE FOR THE OFFICES FOR WHICH THEIR CONTRIBUTIONS ARE LIMITED
18 UNDER PARAGRAPH A OF THIS SUBDIVISION;
19 (III) A STATE OR LOCAL COMMITTEE OF A POLITICAL PARTY, INCLUDING A
20 HOUSEKEEPING ACCOUNT;
21 D. PARTICIPATE IN ANY FUND-RAISING ACTIVITIES FOR:
22 (I) A CANDIDATE FOR ANY OF THE OFFICES FOR WHICH CONTRIBUTIONS ARE
23 LIMITED UNDER PARAGRAPH A OF THIS SUBDIVISION;
24 (II) ANY POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID OR
25 PARTICIPATE IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR OFFICE FOR
26 WHICH THEIR CONTRIBUTIONS ARE LIMITED IN PARAGRAPH A OF THIS SUBDIVI-
27 SION, OR ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY A
28 CANDIDATE FOR THE OFFICES FOR WHICH THEIR CONTRIBUTIONS ARE LIMITED
29 UNDER PARAGRAPH A OF THIS SUBDIVISION;
30 (III) A STATE OR LOCAL COMMITTEE OF A POLITICAL PARTY, INCLUDING A
31 HOUSEKEEPING ACCOUNT;
32 E. SERVE AS CHAIRPERSON, TREASURER, OR ANY OTHER OFFICER OF:
33 (I) 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 UNDER PARAGRAPH A OF THIS SUBDIVI-
36 SION; OR
37 (II) ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY A
38 CANDIDATE FOR WHICH THEIR CONTRIBUTIONS ARE LIMITED UNDER PARAGRAPH A OF
39 THIS SUBDIVISION;
40 F. CONDUCT PERSONAL BUSINESS TRANSACTIONS IN AN AMOUNT OVER TWO THOU-
41 SAND DOLLARS IN ANY CALENDAR YEAR WITH A PUBLIC OFFICIAL HOLDING THE
42 OFFICES FOR WHICH THEIR CONTRIBUTIONS ARE LIMITED UNDER PARAGRAPH A OF
43 THIS SUBDIVISION;
44 G. DELIVER TO ANY CONDUIT OR INTERMEDIARY ANY CONTRIBUTION EARMARKED
45 FOR A PARTICULAR CANDIDATE FOR THE OFFICES FOR WHICH THEIR CONTRIBUTIONS
46 ARE LIMITED UNDER PARAGRAPH A OF THIS SUBDIVISION, OR ANY COMMITTEE
47 WORKING DIRECTLY OR INDIRECTLY TO AID OR PARTICIPATE IN SUCH CANDIDATE'S
48 NOMINATION OR ELECTION, OR ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR
49 CONTROLLED BY SUCH CANDIDATE; OR
50 H. KNOWINGLY TAKE OTHER STEPS TO CIRCUMVENT THE RESTRICTIONS IN THIS
51 SUBSECTION.
52 7. NO CANDIDATE FOR STATE OFFICE, COMMITTEE WORKING DIRECTLY OR INDI-
53 RECTLY TO AID OR PARTICIPATE IN SUCH CANDIDATE'S NOMINATION OR ELECTION,
54 OR ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY SUCH
55 CANDIDATE SHALL ACCEPT CONTRIBUTIONS FROM ANY PERSON, ORGANIZATION,
56 GROUP OF PERSONS, OR BUSINESS ENTITY DESCRIBED IN PARAGRAPH A, B, C, D
A. 2020 5
1 OR E OF SUBDIVISION TWO OF THIS SECTION THAT EXCEED THE FOLLOWING
2 AMOUNTS PER ELECTION FOR THE FOLLOWING OFFICES:
3 A. GOVERNOR: FIVE HUNDRED DOLLARS;
4 B. LIEUTENANT GOVERNOR: FIVE HUNDRED DOLLARS;
5 C. COMPTROLLER: FIVE HUNDRED DOLLARS;
6 D. ATTORNEY GENERAL: FIVE HUNDRED DOLLARS;
7 E. SENATOR: THREE HUNDRED FIFTY DOLLARS; AND
8 F. MEMBER OF ASSEMBLY: TWO HUNDRED FIFTY DOLLARS.
9 8. NO STATE OR LOCAL POLITICAL PARTY COMMITTEES, INCLUDING ANY HOUSE-
10 KEEPING ACCOUNT, SHALL ACCEPT CONTRIBUTIONS IN AN AMOUNT GREATER THAN
11 ONE THOUSAND DOLLARS PER ELECTION FROM ANY PERSON, ORGANIZATION, GROUP
12 OF PERSONS OR BUSINESS ENTITY DESCRIBED IN PARAGRAPH A, B, C, D OR E OF
13 SUBDIVISION TWO OF THIS SECTION.
14 9. NO PUBLIC OFFICIAL HOLDING ANY OF THE OFFICES LISTED IN PARAGRAPH A
15 OF SUBDIVISION SIX OF THIS SECTION SHALL CONDUCT PERSONAL BUSINESS TRAN-
16 SACTIONS IN AN AMOUNT OVER TWO THOUSAND DOLLARS IN ANY CALENDAR YEAR
17 WITH ANY PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY
18 DESCRIBED IN PARAGRAPH A, B, C, D OR E OF SUBDIVISION TWO OF THIS
19 SECTION.
20 10. THIS SECTION SHALL NOT PROHIBIT ANY PERSON FROM INFORMING ANY
21 OTHER PERSON OF A POSITION TAKEN BY A PUBLIC OFFICIAL OR A CANDIDATE FOR
22 PUBLIC OFFICE.
23 11. THE PROVISIONS OF SUBDIVISIONS TWO AND SIX OF THIS SECTION SHALL
24 NOT APPLY TO THE CAMPAIGN OF ANY PERSON DESCRIBED IN PARAGRAPH A, B, C
25 OR D OF SUBDIVISION TWO OF THIS SECTION WHO IS A CANDIDATE FOR ANY OF
26 THOSE OFFICES LISTED IN PARAGRAPH A OF SUBDIVISION SIX OF THIS SECTION.
27 S 14-132. GOVERNMENT CONTRACTOR REPORTING AND CONTRIBUTION LIMITS. 1.
28 DEFINITIONS. THE FOLLOWING DEFINITIONS SHALL APPLY TO THIS SECTION:
29 A. "AGENT" MEANS ANY PERSON ACTING AT THE DIRECTION OF OR ON BEHALF OF
30 AN INDIVIDUAL OR BUSINESS ENTITY;
31 B. "BUSINESS ENTITY" MEANS A BUSINESS CORPORATION, PROFESSIONAL
32 SERVICES CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, LIMITED
33 PARTNERSHIP, BUSINESS TRUST, ASSOCIATION OR ANY OTHER LEGAL COMMERCIAL
34 ENTITY ORGANIZED UNDER THE LAWS OF THIS STATE OR ANY OTHER STATE OR
35 FOREIGN JURISDICTION, INCLUDING ANY SUBSIDIARY DIRECTLY OR INDIRECTLY
36 CONTROLLED BY THE BUSINESS ENTITY, AND ANY POLITICAL ORGANIZATION,
37 INCLUDING BUT NOT LIMITED TO ANY POLITICAL ORGANIZATION ORGANIZED UNDER
38 SECTION 527 OF THE INTERNAL REVENUE CODE, THAT IS DIRECTLY OR INDIRECTLY
39 CONTROLLED BY THE BUSINESS ENTITY;
40 C. "IMMEDIATE FAMILY" MEANS ANY SPOUSE OR CHILD OF AN INDIVIDUAL OR
41 ANY FINANCIALLY DEPENDENT RELATIVES WHO RESIDE IN THE INDIVIDUAL'S
42 HOUSEHOLD;
43 D. "HOUSEKEEPING ACCOUNT" MEANS AN ACCOUNT MAINTAINED BY A PARTY
44 COMMITTEE OR CONSTITUTED COMMITTEE FROM WHICH EXPENDITURES ARE MADE TO
45 MAINTAIN A PERMANENT HEADQUARTERS AND STAFF AND CARRY ON ORDINARY PARTY
46 ACTIVITIES WHICH ARE NOT FOR THE EXPRESS PURPOSE OF PROMOTING THE CANDI-
47 DACY OF SPECIFIC CANDIDATES;
48 E. "CANDIDATE FOR STATE OFFICE" MEANS A CANDIDATE FOR THE FOLLOWING
49 STATE OFFICES: GOVERNOR, LIEUTENANT GOVERNOR, ATTORNEY GENERAL, COMP-
50 TROLLER, SENATOR, AND MEMBER OF THE ASSEMBLY; AND
51 F. "PERSONAL BUSINESS TRANSACTION" MEANS TRANSACTIONS FOR SERVICES
52 OFFERED BY THE ELECTED OFFICIAL IN HIS OR HER CAPACITY AS A PRIVATE
53 CITIZEN TO ANY MEMBER OF THE PUBLIC.
54 2. THE FOLLOWING PERSONS AND BUSINESS ENTITIES WHO MAKE A CONTRIBUTION
55 TO A CANDIDATE FOR STATE OFFICE, A POLITICAL COMMITTEE WORKING DIRECTLY
56 OR INDIRECTLY TO AID OR PARTICIPATE IN SUCH CANDIDATE'S NOMINATION OR
A. 2020 6
1 ELECTION, A POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY SUCH CANDI-
2 DATE, OR A STATE OR LOCAL COMMITTEE OF A POLITICAL PARTY, INCLUDING A
3 HOUSEKEEPING ACCOUNT, SHALL FILE REPORTS AS REQUIRED BY SUBDIVISION
4 THREE OF THIS SECTION WITH THE BOARD OF ELECTIONS WITHIN SEVEN CALENDAR
5 DAYS AFTER THE DATE OF A CONTRIBUTION MADE WITHIN THIRTY-SIX DAYS OF AN
6 ELECTION, OR, FOR CONTRIBUTIONS MADE AT ANY OTHER TIME, WITHIN
7 THIRTY-SIX DAYS OF THE DATE OF THE CONTRIBUTION OR THE DATE OF ANY
8 APPLICABLE CONTRACT, WHICHEVER OCCURS LATER:
9 A. ANY PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY THAT
10 HAS RECEIVED, IN A CALENDAR YEAR FIFTY THOUSAND DOLLARS OR MORE THROUGH
11 CONTRACTS FROM THE STATE OR ANY STATE-APPOINTED ENTITY WITH CONTRACTING
12 POWER;
13 B. ANY PERSON WHO OWNS MORE THAN TEN PERCENT OF A BUSINESS ENTITY THAT
14 IS DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION;
15 C. ANY PERSON EMPLOYED BY AN ORGANIZATION, GROUP, OR BUSINESS ENTITY
16 DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION WHO HOLDS A SENIOR MANAGE-
17 MENT POSITION AS DEFINED BY THE STATE ETHICS COMMISSION;
18 D. THE IMMEDIATE FAMILY MEMBER OF A PERSON WHO IS DESCRIBED IN PARA-
19 GRAPH A, B OR C OF THIS SUBDIVISION; OR
20 E. ANY POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY A PERSON,
21 ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY DESCRIBED IN PARAGRAPH
22 A, B, C AND D OF THIS SUBDIVISION.
23 3. THE BOARD OF ELECTIONS SHALL PRESCRIBE FORMS AND PROCEDURES FOR THE
24 REPORTING REQUIRED IN SUBDIVISION TWO OF THIS SECTION WHICH, AT A MINI-
25 MUM, SHALL REQUIRE THE ELECTRONIC FILING OF THE FOLLOWING INFORMATION:
26 A. THE NAME, ADDRESS, EMPLOYER AND THE NAME OF SPOUSE OF THE PERSON
27 MAKING THE CONTRIBUTION AND THE NAME OF THE SPOUSE'S EMPLOYER;
28 B. THE NAME OF THE CANDIDATE, POLITICAL COMMITTEE, OR STATE OR LOCAL
29 COMMITTEE OF A POLITICAL PARTY, INCLUDING A HOUSEKEEPING ACCOUNT,
30 RECEIVING THE CONTRIBUTION;
31 C. THE AMOUNT OF THE CONTRACT WITH THE STATE OR OTHER ENTITY DEFINED
32 IN PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, AND THE DATES AND
33 OTHER INFORMATION IDENTIFYING EACH CONTRACT FOR SERVICES OR GOODS; AND
34 D. IF AN ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY IS MAKING
35 THE CONTRIBUTION:
36 (I) THE NAMES AND BUSINESS ADDRESSES OF ALL PERSONS WHO OWN MORE THAN
37 TEN PERCENT OF THE ORGANIZATION, GROUP OR ENTITY; OR
38 (II) THE NAMES AND BUSINESS ADDRESSES OF ALL PERSONS EMPLOYED BY THE
39 ORGANIZATION, GROUP, OR BUSINESS ENTITY WHO HOLD A SENIOR MANAGEMENT
40 POSITION AS DEFINED BY THE COMMISSION ON GOVERNMENTAL ETHICS.
41 4. THE BOARD OF ELECTIONS SHALL MAINTAIN COMPLETED FORMS AND REPORTS
42 DESCRIBED IN SUBDIVISION TWO OF THIS SECTION FOR PUBLIC INSPECTION BOTH
43 AT THE BOARD OF ELECTIONS OFFICE AND THROUGH THE BOARD OF ELECTIONS
44 ELECTRONIC FILING SYSTEM FOR CAMPAIGN FINANCE DISCLOSURE (EFS).
45 5. FROM TWELVE MONTHS AFTER A BID OR PROPOSAL TO THE RELEVANT AGENCY
46 OR CONTRACTING AUTHORITY FOR A CONTRACT DESCRIBED IN SUBDIVISION TWO OF
47 THIS SECTION AND EITHER TWELVE MONTHS AFTER COMPLETION OF THE APPLICABLE
48 CONTRACT, OR UPON COMPLETION OF THE APPLICABLE ELECTED OFFICIAL'S TERM
49 IN OFFICE, WHICHEVER IS LONGER, IT SHALL BE UNLAWFUL FOR ANY PERSON,
50 ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY DESCRIBED IN PARA-
51 GRAPHS A, B, C AND D OR E OF SUBDIVISION TWO OF THIS SECTION TO:
52 A. MAKE CONTRIBUTIONS TO A CANDIDATE FOR STATE OFFICE, ANY POLITICAL
53 COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID OR PARTICIPATE IN SUCH
54 CANDIDATE'S NOMINATION OR ELECTION, OR ANY OTHER POLITICAL COMMITTEE
55 ESTABLISHED OR CONTROLLED BY SUCH CANDIDATE THAT EXCEED THE FOLLOWING
56 AMOUNTS PER ELECTION FOR THE FOLLOWING OFFICES:
A. 2020 7
1 (I) GOVERNOR: FIVE HUNDRED DOLLARS;
2 (II) LIEUTENANT GOVERNOR: FIVE HUNDRED DOLLARS;
3 (III) COMPTROLLER: FIVE HUNDRED DOLLARS;
4 (IV) ATTORNEY GENERAL: FIVE HUNDRED DOLLARS;
5 (V) SENATOR: THREE HUNDRED FIFTY DOLLARS; OR
6 (VI) MEMBER OF ASSEMBLY: TWO HUNDRED FIFTY DOLLARS;
7 B. MAKE CONTRIBUTIONS TO:
8 (I) POLITICAL COMMITTEES WORKING DIRECTLY OR INDIRECTLY TO AID OR
9 PARTICIPATE IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR THE OFFICES
10 DESCRIBED IN SUBPARAGRAPHS (I), (II), (III), (IV), (V) AND (VI) OF PARA-
11 GRAPH A OF THIS SUBDIVISION, OR OTHER POLITICAL COMMITTEES ESTABLISHED
12 OR CONTROLLED BY A CANDIDATE FOR THE OFFICES DESCRIBED IN SUBPARAGRAPHS
13 (I), (II), (III), (IV), (V) AND (VI) OF PARAGRAPH A OF THIS SUBDIVISION
14 THAT IN THE AGGREGATE EXCEED FOUR THOUSAND DOLLARS PER ELECTION; OR
15 (II) STATE OR LOCAL COMMITTEES OF A POLITICAL PARTY, OR ANY HOUSE-
16 KEEPING ACCOUNT, IN AN AMOUNT GREATER THAN ONE THOUSAND DOLLARS PER
17 ELECTION, AND IN AN AGGREGATE TO ALL STATE OR LOCAL COMMITTEES OF POLI-
18 TICAL PARTIES IN AN AGGREGATE THAT EXCEEDS TWO THOUSAND DOLLARS PER
19 ELECTION;
20 C. SOLICIT A CONTRIBUTION ON BEHALF OF, OR TRANSMIT A CONTRIBUTION ON
21 BEHALF OF ANOTHER TO:
22 (I) A CANDIDATE FOR ANY OF THE OFFICES FOR WHICH CONTRIBUTIONS ARE
23 LIMITED UNDER PARAGRAPH A OF THIS SUBDIVISION;
24 (II) ANY POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID OR
25 PARTICIPATE IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR OFFICE FOR
26 WHICH THEIR CONTRIBUTIONS ARE LIMITED IN PARAGRAPH A OF THIS SUBDIVI-
27 SION, OR ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY A
28 CANDIDATE FOR THE OFFICES FOR WHICH THEIR CONTRIBUTIONS ARE LIMITED
29 UNDER PARAGRAPH A OF THIS SUBDIVISION;
30 (III) A STATE OR LOCAL COMMITTEE OF A POLITICAL PARTY INCLUDING A
31 HOUSEKEEPING ACCOUNT;
32 D. PARTICIPATE IN ANY FUND-RAISING ACTIVITIES FOR:
33 (I) A CANDIDATE FOR ANY OF THE OFFICES FOR WHICH CONTRIBUTIONS ARE
34 LIMITED UNDER PARAGRAPH A OF THIS SUBDIVISION;
35 (II) ANY POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID OR
36 PARTICIPATE IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR OFFICE FOR
37 WHICH THEIR CONTRIBUTIONS ARE LIMITED IN PARAGRAPH A OF THIS SUBDIVI-
38 SION, OR ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY A
39 CANDIDATE FOR THE OFFICES FOR WHICH THEIR CONTRIBUTIONS ARE LIMITED
40 UNDER PARAGRAPH A OF THIS SUBDIVISION;
41 (III) A STATE OR LOCAL COMMITTEE OF A POLITICAL PARTY, INCLUDING A
42 HOUSEKEEPING ACCOUNT;
43 E. SERVE AS CHAIRPERSON, TREASURER, OR ANY OTHER OFFICER OF:
44 (I) 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 UNDER PARAGRAPH A OF THIS SUBDIVI-
47 SION; OR
48 (II) ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY A
49 CANDIDATE FOR WHICH THEIR CONTRIBUTIONS ARE LIMITED UNDER PARAGRAPH A OF
50 THIS SUBDIVISION;
51 F. CONDUCT PERSONAL BUSINESS TRANSACTIONS IN AN AMOUNT OVER TWO THOU-
52 SAND DOLLARS IN ANY CALENDAR YEAR WITH A PUBLIC OFFICIAL HOLDING THE
53 OFFICES FOR WHICH THEIR CONTRIBUTIONS ARE LIMITED UNDER PARAGRAPH A OF
54 THIS SUBDIVISION;
55 G. DELIVER TO ANY CONDUIT OR INTERMEDIARY ANY CONTRIBUTION EARMARKED
56 FOR A PARTICULAR CANDIDATE FOR THE OFFICES FOR WHICH THEIR CONTRIBUTIONS
A. 2020 8
1 ARE LIMITED UNDER PARAGRAPH A OF THIS SUBDIVISION, OR ANY COMMITTEE
2 WORKING DIRECTLY OR INDIRECTLY TO AID OR PARTICIPATE IN SUCH CANDIDATE'S
3 NOMINATION OR ELECTION, OR ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR
4 CONTROLLED BY SUCH CANDIDATE; OR
5 H. KNOWINGLY TAKE ANY STEP TO CIRCUMVENT THE RESTRICTIONS IN THIS
6 SUBDIVISION.
7 I. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY FOR A CONTRACTOR
8 MAKING A CONTRIBUTION, OR ANY DISCLOSURE THEREOF REQUIRED BY THIS ARTI-
9 CLE, IN ANY CALENDAR YEAR IN WHICH SUCH CONTRACTOR RECEIVES FUNDS
10 DISBURSED BY THE STATE OR ANY INSTRUMENTALITY THEREOF PURSUANT TO A
11 FEDERAL STATUTE, RULE OR REGULATION THAT WOULD RENDER THE STATE OR SUCH
12 INSTRUMENTALITY OR CONTRACTOR INELIGIBLE TO RECEIVE SUCH FUNDS BY VIRTUE
13 OF THE OPERATION OF THIS SECTION.
14 THIS SUBDIVISION SHALL NOT BE APPLICABLE TO CONTRIBUTIONS MADE BY ANY
15 PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY AT A TIME WHEN
16 THE PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY DID NOT
17 MEET THE DESCRIPTIONS OF PARAGRAPHS A, B, C, D AND E OF SUBDIVISION TWO
18 OF THIS SECTION.
19 6. THE STATE OR ANY STATE DEPARTMENT, PUBLIC ENTITY OR AUTHORITY WITH
20 CONTRACT-MAKING POWER SHALL NOT ENTER INTO AN AGREEMENT OR OTHERWISE
21 CONTRACT TO PROCURE SERVICES OR ANY MATERIAL, SUPPLIES OR EQUIPMENT, OR
22 TO ACQUIRE, SELL, OR LEASE ANY LAND OR BUILDING FROM ANY PERSON, ORGAN-
23 IZATION, GROUP OF PERSONS OR BUSINESS ENTITY DESCRIBED IN PARAGRAPHS A,
24 B, C AND D OF SUBDIVISION TWO OF THIS SECTION WHO HAS MADE A CONTRIB-
25 UTION PROHIBITED IN SUBDIVISION FIVE OF THIS SECTION. THIS SUBDIVISION
26 SHALL NOT BE APPLICABLE TO CONTRIBUTIONS MADE BY ANY PERSON, ORGANIZA-
27 TION, GROUP OF PERSONS OR BUSINESS ENTITY AT A TIME WHEN THE PERSON,
28 ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY DID NOT MEET THE
29 DESCRIPTIONS OF PARAGRAPH A, B, C, D OR E OF SUBDIVISION TWO OF THIS
30 SECTION. NOTHING IN THIS SECTION SHALL IMPAIR THE POWER OF THE STATE OR
31 ANY INSTRUMENTALITY THEREOF TO ENTER INTO A CONTRACT WITH ANY CONTRACTOR
32 WHERE FEDERAL FUNDS WOULD SUPPORT THE PAYMENT OR PERFORMANCE OF SUCH
33 CONTRACT AND A FEDERAL STATUTE, RULE OR REGULATION WOULD RENDER THE
34 STATE OR SUCH INSTRUMENTALITY OR CONTRACTOR INELIGIBLE TO RECEIVE SUCH
35 FUNDS BY VIRTUE OF THE OPERATION OF THIS SECTION.
36 7. EVERY CONTRACT AND BID APPLICATION AND SPECIFICATIONS PROMULGATED
37 BY THE STATE OR ANY STATE DEPARTMENT, PUBLIC ENTITY OR AUTHORITY WITH
38 CONTRACT-MAKING POWER SHALL CONTAIN A PROVISION DESCRIBING THE REQUIRE-
39 MENTS OF SECTION 14-116 OF THIS ARTICLE.
40 8. BEFORE ENTERING INTO ANY AGREEMENT OR ANY OTHER CONTRACT TO PROCURE
41 FROM ANY PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY
42 SERVICES OR ANY MATERIAL, SUPPLIES OR EQUIPMENT, OR TO ACQUIRE, SELL, OR
43 LEASE ANY LAND OR BUILDING, THE STATE OR ANY STATE DEPARTMENT, PUBLIC
44 ENTITY OR AUTHORITY WITH CONTRACT-MAKING POWER SHALL RECEIVE A SWORN
45 STATEMENT FROM THE CONTRACTOR, MADE UNDER PENALTY OF PERJURY, THAT THE
46 BIDDER OR OFFERER HAS NOT MADE A CONTRIBUTION IN VIOLATION OF THIS
47 SECTION.
48 9. NO CANDIDATE FOR STATE OFFICE SHALL ACCEPT CAMPAIGN CONTRIBUTIONS
49 FROM A PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY
50 DESCRIBED IN PARAGRAPH A, B, C, D OR E OF SUBDIVISION TWO OF THIS
51 SECTION IN AN AMOUNT EXCEEDING THOSE PERMITTED IN PARAGRAPH A OF SUBDI-
52 VISION FIVE OF THIS SECTION FOR TWELVE MONTHS AFTER COMPLETION OF THE
53 APPLICABLE CONTRACT, OR THE REMAINDER OF THE CANDIDATE'S TERM IN OFFICE,
54 WHICHEVER IS LONGER. THIS SUBDIVISION SHALL NOT BE APPLICABLE TO
55 CONTRIBUTIONS MADE BY ANY PERSON, ORGANIZATION, GROUP OF PERSONS OR
56 BUSINESS ENTITY AT A TIME WHEN THE PERSON, ORGANIZATION, GROUP OF
A. 2020 9
1 PERSONS OR BUSINESS ENTITY DID NOT MEET THE DESCRIPTIONS OF PARAGRAPH A,
2 B, C, D OR E OF SUBDIVISION TWO OF THIS SECTION.
3 10. NO PUBLIC OFFICIAL HOLDING ANY OF THE OFFICES LISTED IN PARAGRAPH
4 A OF SUBDIVISION FIVE OF THIS SECTION SHALL CONDUCT PERSONAL BUSINESS
5 TRANSACTIONS IN AN AMOUNT OVER TWO THOUSAND DOLLARS IN ANY CALENDAR YEAR
6 WITH ANY PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY
7 DESCRIBED IN PARAGRAPHS A, B, C AND D OF SUBDIVISION TWO OF THIS
8 SECTION.
9 11. THIS SECTION SHALL NOT PROHIBIT ANY PERSON FROM INFORMING ANY
10 OTHER PERSON OF A POSITION TAKEN BY A PUBLIC OFFICIAL OR A CANDIDATE FOR
11 PUBLIC OFFICE.
12 12. THE PROVISIONS OF SUBDIVISIONS TWO AND FIVE OF THIS SECTION SHALL
13 NOT APPLY TO THE CAMPAIGN OF ANY PERSON DESCRIBED IN PARAGRAPH A, B, C
14 OR D OF SUBDIVISION TWO OF THIS SECTION WHO IS A CANDIDATE FOR ANY OF
15 THOSE OFFICES LISTED IN PARAGRAPH A OF SUBDIVISION FIVE OF THIS SECTION.
16 S 14-133. COMMISSIONING AUTHORITIES AND LICENSING AUTHORITIES. THE
17 FOLLOWING PERSONS SHALL NOT BE APPOINTED TO A STATE PUBLIC BOARD OR
18 COMMISSION WHICH HAS THE AUTHORITY TO AWARD OR AUDIT ANY PUBLIC
19 CONTRACT:
20 1. A LOBBYIST REGISTERED UNDER SECTION ONE-E OF THE LEGISLATIVE LAW;
21 2. ANY PERSON OR BUSINESS ENTITY WHO, IN THE PREVIOUS TWO YEARS, HAS
22 RECEIVED FIFTY THOUSAND DOLLARS OR MORE THROUGH ONE OR MORE CONTRACTS
23 FROM THE STATE OR ANY STATE-APPOINTED ENTITY WITH CONTRACTING POWER;
24 3. ANY PERSON WHO OWNS MORE THAN TEN PERCENT OF A BUSINESS ENTITY THAT
25 IS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION;
26 4. ANY PERSON EMPLOYED BY AN ORGANIZATION, GROUP, OR BUSINESS ENTITY
27 DESCRIBED IN SUBDIVISION TWO OF THIS SECTION WHO HOLDS A SENIOR MANAGE-
28 MENT POSITION AS DEFINED BY THE COMMISSION ON GOVERNMENTAL ETHICS; OR
29 5. AN IMMEDIATE FAMILY MEMBER OF A PERSON DESCRIBED IN SUBDIVISION
30 ONE, TWO, THREE, OR FOUR OF THIS SECTION.
31 S 7. Section 14-130 of the election law, as added by chapter 152 of
32 the laws of 1985, is amended to read as follows:
33 S 14-130. Campaign funds for personal use. 1. Contributions received
34 by a candidate or a political committee may ONLY be expended for [any
35 lawful purpose. Such funds shall not be converted by any person to a
36 personal use which is unrelated to a political campaign or the holding
37 of a public office or party position] BONA FIDE PURPOSES DIRECTLY
38 RELATED TO EITHER:
39 A. PROMOTING THE NOMINATION OR ELECTION OF A CANDIDATE; OR
40 B. PERFORMING THOSE DUTIES OF PUBLIC OFFICE OR PARTY POSITION WHICH
41 ARE NOT PAID FOR OR ELIGIBLE FOR REIMBURSEMENT BY THE STATE OR ANY POLI-
42 TICAL SUBDIVISION OR PRIVATE PARTY.
43 2. PERMISSIBLE ORDINARY AND NECESSARY EXPENSES RELATING TO THE HOLDING
44 OF PUBLIC OFFICE OR PARTY POSITION SHALL INCLUDE:
45 A. PRODUCTION AND CIRCULATION OF FLYERS OR OTHER WRITTEN MATERIALS
46 RELATED TO DUTIES OF OFFICEHOLDER; THE PLACEMENT OF HOLIDAY GREETINGS
47 AND CONGRATULATORY ADS AND MEMORIAL NOTICES IN LOCAL NEWSPAPERS, MAGA-
48 ZINES, JOURNALS OR OTHER PUBLICATION;
49 B. SPONSORSHIP OR HOSTING OF COMMUNITY MEETINGS; TICKETS OR DONATIONS
50 TO LOCAL CHARITABLE, NON-PROFIT OR POLITICAL EVENTS, ORGANIZATIONS OR
51 ACTIVITIES THAT PROMOTE THE WELFARE OF CONSTITUENTS OR POLITICAL
52 CAMPAIGNS;
53 C. INCIDENTAL EXPENDITURES FOR THE OPERATION OF LEGISLATIVE OFFICES,
54 INCLUDING PURCHASE OF ITEMS SUCH AS MEMORIAL OR GET-WELL GIFTS, FLOWERS
55 OR SIMILAR ITEMS OF NOMINAL VALUE FOR CONSTITUENTS OR OTHERS;
A. 2020 10
1 D. MEMBERSHIP IN ORGANIZATIONS RELATED TO OFFICIAL DUTIES AND COSTS OF
2 ATTENDING INFORMATIONAL MEETINGS ATTENDED IN CONNECTION WITH SUCH
3 DUTIES; AND
4 E. TRAVEL RELATED TO DUTIES OF OFFICE, PROVIDED THAT THE TRAVEL IS NOT
5 UNDERTAKEN FOR ANY PURPOSE RESULTING IN A PERSONAL OR FINANCIAL BENEFIT
6 TO THE CANDIDATE OR OFFICEHOLDER. IF SUCH EXPENSES INVOLVE BOTH PERSONAL
7 ACTIVITY AND CAMPAIGN OR OFFICIAL ACTIVITIES, THE INCREMENTAL EXPENSES
8 ASSOCIATED WITH THE PERSONAL ACTIVITIES ARE PERSONAL USES UNLESS THE
9 CAMPAIGN IS REIMBURSED FOR SUCH SUMS FROM OTHER THAN CAMPAIGN FUNDS
10 WITHIN THIRTY DAYS OF THE EXPENDITURE.
11 NOTHING IN THIS SECTION SHALL PROHIBIT A CANDIDATE FROM PURCHASING
12 OFFICE EQUIPMENT WITH PERSONAL FUNDS AND LEASING OR RENTING SUCH EQUIP-
13 MENT OR PROPERTY TO A COMMITTEE WORKING WITH OR FOR THE CANDIDATE,
14 PROVIDED THE CANDIDATE OR THE CAMPAIGN TREASURER SIGN A WRITTEN LEASE OR
15 RENTAL AGREEMENT AND FILES IT WITH THE APPROPRIATE REQUIRED CAMPAIGN
16 FINANCIAL FILING WHICH SHALL INCLUDE THE LEASE OR RENTAL PRICE WHICH
17 SHALL NOT EXCEED THE FAIR LEASE OR RENTAL VALUE OF THE EQUIPMENT OR IN
18 THE AGGREGATE EXCEED THE COST OF ITS PURCHASE.
19 3. CAMPAIGN FUNDS SHALL NOT BE CONVERTED TO PERSONAL USE, WHICH SHALL
20 BE DEFINED AS EXPENDITURES THAT:
21 A. ARE FOR THE PERSONAL BENEFIT OF OR TO DEFRAY NORMAL LIVING EXPENSES
22 OF THE CANDIDATE, OFFICEHOLDER, IMMEDIATE FAMILY OR PARTNER OF EITHER OR
23 ANY OTHER PERSON;
24 B. ARE USED TO FULFILL ANY COMMITMENT, OBLIGATION, OR EXPENSE THAT
25 WOULD EXIST IRRESPECTIVE OF THE CANDIDATE'S CAMPAIGN OR DUTIES AS AN
26 OFFICEHOLDER; OR
27 C. ARE PUT TO ANY USE FOR WHICH THE CANDIDATE OR OFFICEHOLDER WOULD BE
28 REQUIRED TO TREAT THE AMOUNT OF THE EXPENDITURE AS GROSS INCOME UNDER
29 SECTION 61 OF THE INTERNAL REVENUE CODE.
30 4. EXPENDITURES FOR PERSONAL USE SHALL ALSO INCLUDE, BUT ARE NOT
31 LIMITED TO, EXPENDITURES FOR:
32 A. RESIDENTIAL OR HOUSEHOLD ITEMS, SUPPLIES, MAINTENANCE OR OTHER
33 EXPENDITURES, INCLUDING MORTGAGE, RENT, UTILITIES, REPAIRS, OR IMPROVE-
34 MENTS FOR ANY PART OF ANY PERSONAL RESIDENCE OF A CANDIDATE OR OFFICE-
35 HOLDER, HIS OR HER IMMEDIATE FAMILY OR PARTNER;
36 B. RENT OR UTILITY PAYMENTS THAT EXCEED FAIR MARKET VALUE FOR USE OF
37 ANY PART OF ANY NON-RESIDENTIAL PROPERTY OWNED BY A CANDIDATE, OR A
38 MEMBER OF A CANDIDATE'S FAMILY OR PARTNER USED FOR CAMPAIGN PURPOSES;
39 C. SALARY AND OTHER FEES FOR BONA FIDE SERVICES TO A CAMPAIGN OR
40 LEGISLATIVE OFFICE THAT EXCEED FAIR AND REASONABLE MARKET VALUE OF SUCH
41 SERVICES;
42 D. INTEREST OR ANY OTHER FINANCE CHARGES FOR MONIES LOANED TO THE
43 CAMPAIGN BY THE CANDIDATE OR THE SPOUSE OR PARTNER OF SUCH CANDIDATE;
44 E. TUITION PAYMENTS;
45 F. DUES, FEES, OR GRATUITIES AT PRIVATE CLUBS, RECREATIONAL FACILITIES
46 OR OTHER NONPOLITICAL ORGANIZATIONS, UNLESS CONNECTED TO A SPECIFIC
47 WIDELY ATTENDED FUNDRAISING EVENT THAT TAKES PLACE ON THE ORGANIZATION'S
48 PREMISES;
49 G. AUTOMOBILE PURCHASES OR LONG TERM LEASES; SHORT TERM CAR RENTALS
50 AND CELLULAR EQUIPMENT AND SERVICES NOT USED EXCLUSIVELY FOR CAMPAIGN
51 PURPOSES OR DUTIES AS AN OFFICEHOLDER;
52 H. ADMISSION TO SPORTING EVENTS, CONCERTS, THEATERS, OR OTHER FORMS OF
53 ENTERTAINMENT, UNLESS PART OF A SPECIFIC CAMPAIGN OR OFFICEHOLDER
54 RELATED ACTIVITY; AND
55 I. PAYMENT OF ANY FINES, FEES, OR PENALTIES ASSESSED PURSUANT TO THIS
56 CHAPTER.
A. 2020 11
1 5. NO CAMPAIGN FUNDS SHALL BE USED TO PAY ATTORNEY'S FEES OR ANY COSTS
2 OF DEFENDING AGAINST ANY CIVIL OR CRIMINAL INVESTIGATION OR PROSECUTION
3 FOR ALLEGED VIOLATIONS OF STATE OR FEDERAL LAW ALLEGED TO HAVE BEEN
4 COMMITTED WHILE HOLDING PUBLIC OFFICE OR AS A CANDIDATE FOR OFFICE WHERE
5 THE CANDIDATE OR PUBLIC OR PARTY OFFICIAL, MEMBERS OF THEIR IMMEDIATE
6 FAMILIES OR PARTNERS OR THE CAMPAIGN IS THE TARGET OF SUCH INVESTIGATION
7 OR PROSECUTION UNLESS SUCH EXPENDITURE IS USED EXCLUSIVELY FOR COSTS
8 RELATED TO CIVIL OR CRIMINAL ACTIONS FOR ALLEGED VIOLATIONS RELATED TO
9 ACTIVITIES PROMOTING THE NOMINATION OR ELECTION OF A CANDIDATE.
10 S 8. The election law is amended by adding a new section 14-134 to
11 read as follows:
12 S 14-134. DISPOSITION OF CAMPAIGN FUNDS. 1. AN AUTHORIZED CONTINUING
13 CANDIDATE COMMITTEE MUST DISPOSE OF ALL FUNDS AND CLOSE WITHIN FOUR
14 YEARS AFTER THE LATER OF (A) THE END OF THE INDIVIDUAL'S MOST RECENT
15 TERM OF OFFICE, OR (B) THE DATE OF THE ELECTION IN WHICH THE INDIVIDUAL
16 LAST WAS A FILED CANDIDATE.
17 2. ANY CANDIDATE OR POLITICAL COMMITTEE REQUIRED TO DISPOSE OF FUNDS
18 PURSUANT TO THIS SECTION SHALL, AT THE OPTION OF THE CANDIDATE, OR THE
19 TREASURER OF A POLITICAL COMMITTEE FORMED SOLELY TO PROMOTE THE PASSAGE
20 OR DEFEAT OF A BALLOT PROPOSAL, DISPOSE OF SUCH FUNDS BY ANY OF THE
21 FOLLOWING MEANS, OR ANY COMBINATION THEREOF:
22 A. RETURNING, PRO RATA, TO EACH CONTRIBUTOR THE FUNDS THAT HAVE NOT
23 BEEN SPENT OR OBLIGATED;
24 B. DONATING THE FUNDS TO A CHARITABLE ORGANIZATION OR ORGANIZATIONS
25 THAT MEET THE QUALIFICATIONS OF SECTION 501(C)(3) OF THE INTERNAL REVEN-
26 UE CODE;
27 C. DONATING THE FUNDS TO THE STATE UNIVERSITY;
28 D. DONATING THE FUNDS TO THE STATE'S GENERAL FUND;
29 E. TRANSFERRING THE FUNDS TO A POLITICAL PARTY COMMITTEE REGISTERED
30 WITH THE STATE BOARD OF ELECTIONS; OR
31 F. CONTRIBUTING THE FUNDS TO A CANDIDATE OR POLITICAL COMMITTEE SUCH
32 THAT THIS DOES NOT EXCEED THE LIMITS SET FORTH IN SECTION 14-114 OF THIS
33 ARTICLE.
34 3. NO CANDIDATE OR POLITICAL COMMITTEE SHALL DISPOSE OF CAMPAIGN FUNDS
35 BY MAKING EXPENDITURES FOR PERSONAL USE AS DEFINED IN SECTION 14-130 OF
36 THIS ARTICLE.
37 4. UPON THE DEATH OF A CANDIDATE, FORMER CANDIDATE OR HOLDER OF ELEC-
38 TIVE OFFICE, WHO RECEIVED CAMPAIGN CONTRIBUTIONS, ALL CONTRIBUTIONS
39 SHALL BE DISPOSED OF ACCORDING TO THIS SECTION WITHIN TWELVE MONTHS OF
40 THE DEATH OF THE CANDIDATE.
41 S 9. Subdivision 1 of section 14-102 of the election law, as amended
42 by chapter 8 and redesignated by chapter 9 of the laws of 1978, is
43 amended to read as follows:
44 1. The treasurer of every political committee which, or any officer,
45 member or agent of any such committee who, in connection with any
46 election, receives or expends any money or other valuable thing or
47 incurs any liability to pay money or its equivalent shall file state-
48 ments sworn, or subscribed and bearing a form notice that false state-
49 ments made therein are punishable as a class A misdemeanor pursuant to
50 section 210.45 of the penal law, at the times prescribed by this article
51 setting forth all the receipts, contributions to and the expenditures by
52 and liabilities of the committee, and of its officers, members and
53 agents in its behalf. Such statements shall include the dollar amount of
54 any receipt, contribution or transfer, or the fair market value of any
55 receipt, contribution or transfer, which is other than of money, the
56 name and address of the transferor, contributor or person from whom
A. 2020 12
1 received, IF THE CONTRIBUTOR IS A LOBBYIST REGISTERED PURSUANT TO ARTI-
2 CLE ONE-A OF THE LEGISLATIVE LAW and if the transferor, contributor or
3 person is a political committee; the name of and the political unit
4 represented by the committee, the date of its receipt, the dollar amount
5 of every expenditure, the name and address of the person to whom it was
6 made or the name of and the political unit represented by the committee
7 to which it was made and the date thereof, and shall state clearly the
8 purpose of such expenditure. Any statement reporting a loan shall have
9 attached to it a copy of the evidence of indebtedness. Expenditures in
10 sums under fifty dollars need not be specifically accounted for by sepa-
11 rate items in said statements, and receipts and contributions aggregat-
12 ing not more than ninety-nine dollars, from any one contributor need not
13 be specifically accounted for by separate items in said statements,
14 provided however, that such expenditures, receipts and contributions
15 shall be subject to the other provisions of section 14-118 of this arti-
16 cle.
17 S 10. Subdivision 3 of section 74 of the public officers law is
18 amended by adding a new paragraph j to read as follows:
19 J. NO OFFICER OR EMPLOYEE OF A STATE AGENCY REQUIRED TO FILE AN ANNUAL
20 STATEMENT OF FINANCIAL DISCLOSURE PURSUANT TO SECTION SEVENTY-THREE-A OF
21 THIS ARTICLE SHALL SOLICIT OR RECEIVE CONTRIBUTIONS FOR A CAMPAIGN FOR
22 STATE OR FEDERAL OFFICE.
23 S 11. This act shall take effect on the first of January next succeed-
24 ing the date on which it shall have become a law; provided that section
25 14-132 of the election law as added by section six of this act shall
26 take effect two years after such effective date; and provided further
27 that sections seven, eight, nine and ten of this act shall take effect
28 on the sixtieth day after it shall have become a law; provided, however,
29 that the state board of elections shall notify all registered campaign
30 committees of the applicable provisions of sections seven, eight, nine
31 and ten of this act within thirty days after this act shall have become
32 a law.
