S T A T E   O F   N E W   Y O R K
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                                  5279

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 15, 2011
                               ___________

Introduced by M. of A. BRENNAN, LANCMAN -- read once and referred to the
  Committee on Election Law

AN ACT to amend the election law and the legislative law, in relation to
  enacting  the  "campaign  finance  reform  act of 2011"; and repealing
  certain provisions of the election law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings and declarations.   The legislature
finds that it is vitally important  to  democratic  government  in  this
state  to  prevent  corruption,  special  privileges,  and favoritism in
connection with the financing and other operations  of  statewide  poli-
tical  campaigns  and  to also avoid the appearance of these abuses. The
public's perception is that government is held hostage to special inter-
ests and wealthy donors. As the United States  Supreme  Court  found  in
BUCKLEY V. VALEO, states have a compelling interest "to reduce the dele-
terious effect of large contributions on our political process."  There-
fore,  the  legislature declares that it is in the public interest and a
valid public purpose to lower contribution limits,  limit  contributions
from  special  interests,  such as lobbyists, ban all fundraising in the
capital district during the legislative session, prohibit  the  personal
use  of campaign funds, improve transparency and accountability, facili-
tate compliance with campaign finance reporting requirements, expand the
enforcement powers of the state board of elections and  increase  penal-
ties  for campaign finance violations. This comprehensive reform package
will reduce the influence of special interests  and  the  appearance  of
corruption while restoring the public's confidence in elected officials.
  S 2. This act shall be known and may be cited as the "campaign finance
reform act of 2011".
  S  3.  Section  3-100  of the election law, subdivisions 1, 2 and 3 as
amended by chapter 220 of the laws of 2005,  subdivisions  4  and  5  as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00713-01-1

              

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redesignated  by  chapter  9  of the laws of 1978, is amended to read as
follows:
  S  3-100. New York state board of elections; membership; organization.
1.  There is hereby created within the executive department a  New  York
state  board  of elections, hereafter referred to as the "state board of
elections", composed of  [four]  FIVE  commissioners  appointed  by  the
governor  AS  FOLLOWS:    (A) two commissioners, one each from among not
fewer than two persons recommended by the chairman of the state  commit-
tee  of  each  of  the  major  political  parties; [and] (B) two [other]
commissioners, one upon the  joint  recommendation  of  the  legislative
leaders,  of one major political party, in each house of the legislature
and one upon the joint recommendation of the legislative leaders, of the
other major political party, in each house of the legislature,  AND  (C)
ONE  COMMISSIONER UPON THE JOINT RECOMMENDATION OF THE TWO COMMISSIONERS
SELECTED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.  The commission-
ers shall be appointed for terms of two  years  each  and  in  the  same
manner as their respective predecessors. A commissioner appointed to the
board to fill a vacancy caused other than by expiration of a term, shall
serve  for the balance of the unexpired term. In the event that there is
a vacancy in the office of the commissioner appointed [on the  recommen-
dation  of  such  legislative leaders] PURSUANT TO PARAGRAPH (B) OF THIS
SUBDIVISION caused by expiration of term or otherwise, [such] THE legis-
lative leaders responsible for making the joint recommendation  to  fill
such  vacancy shall jointly recommend an individual to fill such vacancy
and the governor shall make the appointment from such joint  recommenda-
tion  within  thirty days of receiving such joint recommendation. In the
event the governor does not act  on  such  joint  recommendation  within
thirty  days  or objects to such joint recommendation, then the legisla-
tive leaders making such joint recommendation shall have the option  of:
[(a)]  (I) appointing the individual so jointly recommended as a commis-
sioner, or  [(b)]  (II)  jointly  recommending  another  individual  for
appointment  by the governor according to the procedure outlined in this
subdivision.  IN THE EVENT THAT THERE IS A VACANCY IN THE OFFICE OF  THE
COMMISSIONER  APPOINTED  PURSUANT  TO  PARAGRAPH (C) OF THIS SUBDIVISION
CAUSED BY EXPIRATION OF TERM OR OTHERWISE, THE COMMISSIONERS RESPONSIBLE
FOR MAKING THE JOINT RECOMMENDATION TO FILL SUCH VACANCY  SHALL  JOINTLY
RECOMMEND AN INDIVIDUAL TO FILL SUCH VACANCY AND THE GOVERNOR SHALL MAKE
THE  APPOINTMENT  FROM  SUCH  JOINT RECOMMENDATION WITHIN THIRTY DAYS OF
RECEIVING SUCH JOINT RECOMMENDATION. IN THE EVENT THE GOVERNOR DOES  NOT
ACT  ON  SUCH JOINT RECOMMENDATION WITHIN THIRTY DAYS OR OBJECTS TO SUCH
JOINT RECOMMENDATION, THEN THE COMMISSIONERS MAKING SUCH JOINT RECOMMEN-
DATION SHALL HAVE THE OPTION OF: (I) APPOINTING THE INDIVIDUAL SO JOINT-
LY RECOMMENDED AS A COMMISSIONER, OR (II) JOINTLY  RECOMMENDING  ANOTHER
INDIVIDUAL  FOR  APPOINTMENT  BY THE GOVERNOR ACCORDING TO THE PROCEDURE
OUTLINED IN THIS SUBDIVISION. THE PROVISIONS  OF  SECTION  FIVE  OF  THE
PUBLIC  OFFICERS LAW SHALL NOT APPLY TO ANY MEMBER APPOINTED PURSUANT TO
PARAGRAPH (C) OF THIS SUBDIVISION.
  2. The two commissioners of the board appointed upon  the  recommenda-
tion of the legislative leaders shall be co-chairs of the state board of
elections.
  3.  The  commissioners  of  the state board of elections shall have no
other public employment. The commissioners shall receive an annual sala-
ry of twenty-five thousand dollars, within the  amounts  made  available
therefor by appropriation. The board shall, for the purposes of sections
seventy-three  and  seventy-four of the public officers law, be a "state
agency", and such commissioners shall be "officers" of the  state  board

A. 5279                             3

of  elections for the purposes of such sections. Within the amounts made
available by appropriation therefor, the state board of elections  shall
appoint two co-executive directors, counsel and such other staff members
as  are  necessary  in  the exercise of its functions, and may fix their
compensation. Anytime after the effective  date  of  [the]  chapter  TWO
HUNDRED  TWENTY  of  the  laws  of two thousand five [which amended this
subdivision], the commissioners or, in the case  of  a  vacancy  on  the
board,  the  commissioner  of  each of the major political parties shall
appoint one co-executive  director.  Each  co-executive  director  shall
serve  a  term  of four years. Any vacancy in the office of co-executive
director shall be filled by the commissioners  or,  in  the  case  of  a
vacancy on the board, the commissioner of the same major political party
as  the  vacating incumbent for the remaining period of the term of such
vacating incumbent.
  4.  For the purposes of meetings, three commissioners shall constitute
a quorum. The affirmative vote of three commissioners shall be  required
for any official action of the state board of elections.
  5.    The principal office of the state board of elections shall be in
the county of Albany.
  S 4. Subdivisions 3, 7, 9-A, 12, 16 and 17 of  section  3-102  of  the
election  law, subdivisions 3, 7 and 17 as amended and subdivision 12 as
redesignated by chapter 9 of the laws of 1978, subdivision 9-A as  added
by  chapter 430 of the laws of 1997, paragraph (a) of subdivision 9-A as
amended by chapter 406 of the laws of 2005 and paragraph (d) of subdivi-
sion 9-A as amended by chapter 249 of the laws of 2003,  subdivision  16
as  amended  by  section 10 of part OO of chapter 56 of the laws of 2010
and subdivision 17 as renumbered by chapter 23 of the laws of 2005,  are
amended to read as follows:
  3.  conduct,  THROUGH  THE  ENFORCEMENT  UNIT  ESTABLISHED PURSUANT TO
SECTION 3-104 OF THIS TITLE any investigation necessary to carry out the
provisions of this  chapter,  EXCEPT  WHEN  A  SPECIAL  INVESTIGATOR  IS
APPOINTED PURSUANT TO SECTION 3-107 OF THIS TITLE;
  7. institute[, or direct a board of elections to institute] such judi-
cial  proceedings  as  may  be  necessary to enforce compliance with any
provision of article fourteen of this chapter or any regulation  promul-
gated  thereunder  including, but not limited to, application, on notice
served upon the respondent in the manner directed by the court at  least
six  hours  prior  to  the  time  of return thereon, to a justice of the
supreme court within the judicial district in which an alleged violation
of any such provision or regulation occurred or is  threatened,  for  an
order  prohibiting  the continued or threatened violation thereof or for
such other or further relief as the court may deem just and proper;
  9-A. (a) develop an electronic reporting system, WHICH IS A  WEB-BASED
COMPUTER APPLICATION FOR FILING OVER THE INTERNET, to process the state-
ments  of  campaign  receipts, contributions, transfers and expenditures
required to be filed with [any] THE STATE board of elections pursuant to
the provisions of sections 14-102 and 14-104 of this chapter;
  (b) prescribe the information required in the form for each  statement
to be filed;
  (c)  establish  a training program on the electronic reporting process
and make it available to any such candidate or committee, INCLUDING  BUT
NOT  LIMITED  TO THE DEVELOPMENT AND IMPLEMENTATION OF AN INTERNET-BASED
CAMPAIGN FINANCE DISCLOSURE  TRAINING  PROGRAM.  SUCH  CAMPAIGN  FINANCE
DISCLOSURE TRAINING PROGRAM SHALL INCLUDE NEW YORK STATE SPECIFIC INFOR-
MATION  AND  INSTRUCTIONS  TO ENABLE CANDIDATES AND COMMITTEES TO COMPLY

A. 5279                             4

WITH THE FINANCIAL DISCLOSURE REQUIREMENTS IN ARTICLE FOURTEEN  OF  THIS
CHAPTER AND APPLICABLE REGULATIONS;
  (d) make the electronic reporting process available to any such candi-
date or committee which is required to file or which agrees to file such
statements by such electronic reporting process;
  (e) cause all information contained in such a statement filed with the
state  board  of  elections  which  is  not on such electronic reporting
system to be entered into such system as soon as practicable but  in  no
event  later than ten business days after its receipt by the state board
of elections; and
  (f) make all data COLLECTED  from  THE  electronic  reporting  process
REQUIRED BY THIS SECTION available at all times on the internet.
  12.  monitor  the  adequacy and effectiveness of the election laws and
report thereon [at least] annually to the governor and the  legislature.
SUCH  REPORT  SHALL  INCLUDE  A  SUMMARY  SETTING  FORTH  THE  NUMBER OF
COMPLAINTS RECEIVED AND INVESTIGATIONS CONDUCTED BY THE STATE  BOARD  OF
ELECTIONS AND THE NUMBER AND NATURE OF ACTIONS COMMENCED AND ALL MATTERS
RESOLVED AND PENALTIES IMPOSED BY THE COURTS DURING THE PRECEDING TWELVE
MONTH PERIOD;
  16.  administer the administrative complaint procedure as provided for
in section 3-105 of this [article] TITLE;
  17. HEAR AND CONSIDER  THE  RECOMMENDATIONS  OF  THE  STATE  BOARD  OF
ELECTIONS  ENFORCEMENT  UNIT  REGARDING THE ENFORCEMENT OF VIOLATIONS OF
ARTICLE FOURTEEN OF THIS CHAPTER OR RECOMMENDATIONS  REGARDING  IMMUNITY
MADE  IN  CONNECTION WITH AN INVESTIGATION CONDUCTED PURSUANT TO SECTION
3-104 OF THIS TITLE;
  18. perform such other acts as may  be  necessary  to  carry  out  the
purposes of this chapter.
  S  5.  Section 3-104 of the election law is REPEALED and a new section
3-104 is added to read as follows:
  S 3-104. STATE BOARD OF ELECTIONS ENFORCEMENT UNIT.  1. THERE SHALL BE
A UNIT KNOWN AS THE STATE BOARD OF  ELECTIONS  ENFORCEMENT  UNIT  ESTAB-
LISHED WITHIN THE STATE BOARD OF ELECTIONS.
  2.  THE  STATE  BOARD  OF  ELECTIONS  ENFORCEMENT UNIT SHALL HAVE SOLE
AUTHORITY WITHIN THE STATE BOARD OF  ELECTIONS  TO  INVESTIGATE  ALLEGED
VIOLATIONS OF ARTICLE FOURTEEN OF THIS CHAPTER AND ALL COMPLAINTS ALLEG-
ING  ARTICLE FOURTEEN VIOLATIONS SHALL BE FORWARDED TO THIS UNIT.  NOTH-
ING IN THIS SECTION SHALL BE CONSTRUED TO DIMINISH OR  ALTER  THE  STATE
BOARD  OF  ELECTIONS  ENFORCEMENT  UNIT'S  JURISDICTION PURSUANT TO THIS
CHAPTER.
  3. UPON RECEIPT OF A COMPLAINT AND SUPPORTING INFORMATION  ALLEGING  A
VIOLATION  OF  ARTICLE  FOURTEEN  OF  THIS  CHAPTER,  THE STATE BOARD OF
ELECTIONS ENFORCEMENT UNIT SHALL ANALYZE THE COMPLAINT TO  DETERMINE  IF
AN  INVESTIGATION  SHOULD  BE UNDERTAKEN.   THE STATE BOARD OF ELECTIONS
ENFORCEMENT UNIT SHALL, IF  NECESSARY,  REQUEST  ADDITIONAL  INFORMATION
FROM  THE  COMPLAINANT  TO ASSIST IT IN MAKING THIS DETERMINATION.  SUCH
ANALYSIS SHALL CONSIST OF A TWO PRONG TEST: FIRST, WHETHER  THE  ALLEGA-
TIONS, IF TRUE, WOULD CONSTITUTE A VIOLATION OF ARTICLE FOURTEEN OF THIS
CHAPTER  AND,  SECOND, WHETHER THE ALLEGATIONS ARE SUPPORTED BY CREDIBLE
EVIDENCE.
  4. IF THE STATE BOARD OF ELECTIONS ENFORCEMENT  UNIT  DETERMINES  THAT
THE  ALLEGATIONS,  IF  TRUE, WOULD NOT CONSTITUTE A VIOLATION OF ARTICLE
FOURTEEN OF THIS CHAPTER OR THAT THE ALLEGATIONS ARE  NOT  SUPPORTED  BY
CREDIBLE EVIDENCE, IT SHALL ISSUE A LETTER TO THE COMPLAINANT DISMISSING
THE COMPLAINT.

A. 5279                             5

  5.  IF  THE  STATE BOARD OF ELECTIONS ENFORCEMENT UNIT DETERMINES THAT
THE ALLEGATIONS, IF TRUE, WOULD CONSTITUTE A VIOLATION OF ARTICLE  FOUR-
TEEN  OF THIS CHAPTER AND THAT THE ALLEGATIONS APPEAR TO BE SUPPORTED BY
CREDIBLE EVIDENCE, IT SHALL PUBLICLY REPORT ITS INTENT  TO  COMMENCE  AN
INVESTIGATION  TO THE STATE BOARD OF ELECTIONS NO LATER THAN THE BOARD'S
NEXT REGULARLY SCHEDULED MEETING.  SUCH REPORT SHALL SUMMARIZE THE RELE-
VANT FACTS AND THE APPLICABLE LAW AND  SHALL  TO  THE  EXTENT  POSSIBLE,
MAINTAIN  THE  CONFIDENTIALITY  OF  THE  COMPLAINANT  AND THE INDIVIDUAL
SUBJECT TO THE COMPLAINT.
  6. IF, UPON  CONSIDERING  THE  ENFORCEMENT  UNIT'S  RECOMMENDATION  TO
COMMENCE  AN  INVESTIGATION,  THE STATE BOARD OF ELECTIONS BELIEVES THAT
THE ALLEGATIONS, IF TRUE, WOULD NOT CONSTITUTE A  VIOLATION  OF  ARTICLE
FOURTEEN OF THIS CHAPTER, OR THE ALLEGATIONS ARE NOT SUPPORTED BY CREDI-
BLE  EVIDENCE OR, THAT ON BALANCE, THE EQUITIES FAVOR A DISMISSAL OF THE
COMPLAINT, THE BOARD SHALL PUBLICLY DIRECT THAT AN INVESTIGATION NOT  BE
UNDERTAKEN. IN DETERMINING WHETHER THE EQUITIES FAVOR A DISMISSAL OF THE
COMPLAINT,  THE  STATE  BOARD  OF ELECTIONS SHALL CONSIDER THE FOLLOWING
FACTORS: (A) WHETHER THE COMPLAINT ALLEGES A  DE  MINIMUS  VIOLATION  OF
ARTICLE  FOURTEEN  OF  THIS  CHAPTER;  OR (B) WHETHER THE SUBJECT OF THE
COMPLAINT HAS MADE A GOOD FAITH EFFORT TO CORRECT THE VIOLATION; OR  (C)
WHETHER   THE  SUBJECT  OF  THE  COMPLAINT  HAS  A  HISTORY  OF  SIMILAR
VIOLATIONS. DETERMINATIONS OF THE STATE BOARD OF ELECTIONS TO DISMISS  A
COMPLAINT  AND  NOT  PROCEED  WITH A FORMAL INVESTIGATION SHALL BE VOTED
UPON AS PROVIDED IN SUBDIVISION FOUR OF SECTION 3-100 OF THIS  TITLE  AT
AN  OPEN  MEETING  PURSUANT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW,
AND SHALL BE MADE ON A FAIR AND EQUITABLE BASIS AND  WITHOUT  REGARD  TO
THE STATUS OF THE SUBJECT OF THE COMPLAINT.
  7.    ABSENT  A  DETERMINATION BY THE STATE BOARD OF ELECTIONS THAT AN
INVESTIGATION SHALL NOT BE UNDERTAKEN,  THE  STATE  BOARD  OF  ELECTIONS
ENFORCEMENT  UNIT  SHALL COMMENCE AN INVESTIGATION ON A TIMELY BASIS. IF
THE STATE BOARD OF ELECTIONS ENFORCEMENT UNIT DETERMINES THAT ADDITIONAL
INVESTIGATIVE POWERS, AS PROVIDED FOR IN SUBDIVISIONS FOUR, FIVE AND SIX
OF SECTION 3-102 OF THIS TITLE, ARE  NEEDED  TO  COMPLETE  ITS  INVESTI-
GATION,  IT SHALL REQUEST SUCH ADDITIONAL POWERS FROM THE STATE BOARD OF
ELECTIONS. SUCH POWERS SHALL BE GRANTED  BY  THE  BOARD  IN  PUBLIC,  AS
PROVIDED  IN  SUBDIVISION FOUR OF SECTION 3-100 OF THIS TITLE, ONLY WHEN
THE BOARD FINDS THAT FURTHER INVESTIGATION IS WARRANTED AND JUSTIFIED.
  8. AT  THE  CONCLUSION  OF  ITS  INVESTIGATION,  THE  STATE  BOARD  OF
ELECTIONS  ENFORCEMENT  UNIT  SHALL PROVIDE THE STATE BOARD OF ELECTIONS
WITH A WRITTEN RECOMMENDATION AS  TO:  (A)  WHETHER  SUBSTANTIAL  REASON
EXISTS  TO  BELIEVE  A VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER HAS
OCCURRED AND, IF SO, THE NATURE OF THE VIOLATION,  AND  THE  APPROPRIATE
PENALTY,  AS  DEFINED  IN  SECTION  14-126 OF THIS CHAPTER, BASED ON THE
NATURE OF THE VIOLATION; AND (B) WHETHER A REFERRAL SHOULD BE MADE TO  A
DISTRICT  ATTORNEY OR THE STATE ATTORNEY GENERAL PURSUANT TO SUBDIVISION
TEN OF THIS SECTION BECAUSE  SUBSTANTIAL  REASON  EXISTS  TO  BELIEVE  A
VIOLATION WARRANTING CRIMINAL PROSECUTION HAS TAKEN PLACE.
  9.  THE  STATE  BOARD  OF ELECTIONS SHALL ACCEPT, MODIFY OR REJECT THE
STATE BOARD OF ELECTIONS ENFORCEMENT UNIT RECOMMENDATION AS PROVIDED  IN
SUBDIVISION  FOUR  OF  SECTION  3-100  OF  THIS TITLE AT AN OPEN MEETING
PURSUANT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.    IN  MAKING  ITS
DETERMINATION, THE BOARD SHALL AGAIN CONSIDER: (A) WHETHER THE COMPLAINT
ALLEGES  A  DE MINIMUS VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER; OR
(B) WHETHER THE SUBJECT OF THE COMPLAINT HAS MADE A GOOD FAITH EFFORT TO
CORRECT THE VIOLATION; OR (C) WHETHER THE SUBJECT OF THE COMPLAINT HAS A
HISTORY OF SIMILAR VIOLATIONS. ALL SUCH DETERMINATIONS  SHALL  BE  VOTED

A. 5279                             6

UPON  AS  PROVIDED IN SUBDIVISION FOUR OF SECTION 3-100 OF THIS TITLE AT
AN OPEN MEETING PURSUANT TO ARTICLE SEVEN OF THE  PUBLIC  OFFICERS  LAW,
AND  SHALL  BE MADE ON A FAIR AND EQUITABLE BASIS, WITHOUT REGARD TO THE
STATUS OF THE SUBJECT OF THE COMPLAINT.
  10.  (A)  IF  THE  STATE  BOARD OF ELECTIONS CONCLUDES, AS PROVIDED IN
SUBDIVISION FOUR OF SECTION 3-100 OF  THIS  TITLE  AT  AN  OPEN  MEETING
PURSUANT  TO  ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW, THAT SUBSTANTIAL
REASON EXISTS TO BELIEVE THAT A VIOLATION OF SUBDIVISION ONE OF  SECTION
14-126  OF  THIS  CHAPTER  HAS  OCCURRED,  OR  (B) IF THE STATE BOARD OF
ELECTIONS CONCLUDES, AS PROVIDED IN SUBDIVISION FOUR OF SECTION 3-100 OF
THIS TITLE AT AN OPEN MEETING PURSUANT TO ARTICLE SEVEN  OF  THE  PUBLIC
OFFICERS  LAW,  THAT SUBSTANTIAL REASON EXISTS TO BELIEVE THAT A PERSON,
ACTING AS OR ON BEHALF OF  A  CANDIDATE  OR  POLITICAL  COMMITTEE  UNDER
CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE SUCH LAW, HAS UNLAWFULLY (I)
ACCEPTED  A MONETARY CONTRIBUTION IN EXCESS OF A CONTRIBUTION LIMITATION
ESTABLISHED IN ARTICLE FOURTEEN OF THIS CHAPTER, (II) EXPENDED  CAMPAIGN
FUNDS FOR A PERSONAL USE IN VIOLATION OF SECTION 14-130 OF THIS CHAPTER,
OR  (III)  IN  THE  CASE  OF A POLITICAL COMMITTEE, CONDUCTED ACTIVITIES
PROHIBITED BY  ARTICLE FOURTEEN OF THIS CHAPTER, WHICH COULD  WARRANT  A
CIVIL  PENALTY  AS  PROVIDED FOR IN SUBDIVISION TWO OF SECTION 14-126 OF
THIS CHAPTER, THE BOARD SHALL  DIRECT  THE  COMMENCEMENT  OF  A  SPECIAL
PROCEEDING IN THE SUPREME COURT PURSUANT TO SECTION 16-120 OF THIS CHAP-
TER.  IF THE STATE BOARD OF ELECTIONS CONCLUDES, AS PROVIDED IN SUBDIVI-
SION FOUR OF SECTION 3-100 OF THIS TITLE AT AN OPEN MEETING PURSUANT  TO
ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW, THAT SUBSTANTIAL REASON EXISTS
TO  BELIEVE A VIOLATION WARRANTING CRIMINAL PROSECUTION HAS TAKEN PLACE,
THE BOARD SHALL REFER THE MATTER TO A DISTRICT  ATTORNEY  OR  THE  STATE
ATTORNEY  GENERAL  AND SHALL MAKE AVAILABLE TO SUCH DISTRICT ATTORNEY OR
THE STATE ATTORNEY GENERAL ALL PAPERS, DOCUMENTS, TESTIMONY AND FINDINGS
RELEVANT TO ITS INVESTIGATION.
  11. UPON NOTIFICATION THAT A SPECIAL PROCEEDING HAS BEEN COMMENCED  BY
A  PARTY  OTHER  THAN  THE STATE BOARD OF ELECTIONS, PURSUANT TO SECTION
16-114 OF THIS CHAPTER, THE STATE BOARD OF ELECTIONS  SHALL  DIRECT  THE
STATE  BOARD  OF  ELECTIONS  ENFORCEMENT UNIT TO INVESTIGATE THE ALLEGED
VIOLATIONS UNLESS OTHERWISE DIRECTED BY THE COURT.
  12. THE STATE BOARD OF ELECTIONS  SHALL  PROMULGATE  RULES  AND  REGU-
LATIONS  CONSISTENT  WITH  LAW  TO  EFFECTUATE  THE  PROVISIONS  OF THIS
SECTION.
  S 6. The election law is amended by adding a new section 3-111 to read
as follows:
  S 3-111. PERSONAL USE OF CAMPAIGN FUNDS. 1. UPON WRITTEN REQUEST  FROM
ANY  PERSON WHO IS SUBJECT TO THE REQUIREMENTS OF SECTION 14-130 OF THIS
CHAPTER, THE STATE BOARD OF ELECTIONS SHALL RENDER  FORMAL  OPINIONS  ON
THE  REQUIREMENTS  OF  SAID  SECTION.  AN OPINION RENDERED BY THE BOARD,
UNTIL AND UNLESS AMENDED OR REVOKED, SHALL BE BINDING ON  THE  BOARD  IN
ANY  SUBSEQUENT PROCEEDING CONCERNING THE PERSON WHO REQUESTED THE OPIN-
ION AND WHO ACTED IN GOOD FAITH, UNLESS MATERIAL FACTS WERE  OMITTED  OR
MISSTATED  BY THE PERSON IN THE REQUEST FOR AN OPINION. SUCH OPINION MAY
ALSO BE RELIED UPON BY SUCH PERSON, AND MAY BE INTRODUCED AND SHALL BE A
DEFENSE IN ANY CRIMINAL OR CIVIL ACTION. SUCH REQUEST SHALL BE CONFIDEN-
TIAL, BUT THE BOARD SHALL PUBLISH SUCH OPINIONS PROVIDED THAT  THE  NAME
OF  THE  REQUESTING  PERSON  AND  OTHER IDENTIFYING DETAILS SHALL NOT BE
INCLUDED IN THE PUBLICATION.
  2. THE BOARD MAY, UPON A WRITTEN  REQUEST  INVOLVING  THE  SAME  FACTS
ADDRESSED IN A PRIOR FORMAL OPINION, ISSUE A WRITTEN STATEMENT DIRECTING

A. 5279                             7

THAT  THE  PRIOR FORMAL OPINION MAY BE RELIED UPON IN THE SAME MANNER AS
PROVIDED IN SUBDIVISION ONE OF THIS SECTION.
  S 7. The election law is amended by adding a new section 3-228 to read
as follows:
  S  3-228. STATE BOARD OF ELECTIONS WEBSITE; PUBLIC ACCESS. EVERY BOARD
OF ELECTIONS SHALL MAKE AT LEAST ONE COMPUTER AVAILABLE TO  THE  PUBLIC,
INCLUDING  CANDIDATES  FOR  PUBLIC  OFFICE  OR  PARTY  POSITION, FOR THE
PURPOSE OF ACCESSING THE STATE BOARD OF ELECTIONS WEBSITE.  SUCH  ACCESS
SHALL  ALLOW  CANDIDATES  TO FILE THEIR STATEMENTS OF CAMPAIGN RECEIPTS,
CONTRIBUTIONS, TRANSFERS AND EXPENDITURES AS REQUIRED BY SECTION  14-110
OF THIS CHAPTER.
  S  8.  Subdivision 1 of section 14-100 of the election law, as amended
by chapter 71 of the laws of 1988, is amended and six  new  subdivisions
12, 13, 14, 15, 16 and 17 are added to read as follows:
  1. "political committee" means any corporation aiding or promoting and
any  committee,  political  club  or  combination of one or more persons
operating or co-operating to aid or to promote the success or defeat  of
a  political party or principle, or of any ballot proposal; or to aid or
take part in the election or defeat of a candidate for public office  or
to  aid  or take part in the election or defeat of a candidate for nomi-
nation at a primary election or convention,  including  all  proceedings
prior to such primary election, or of a candidate for any party position
voted  for  at a primary election, or to aid or defeat the nomination by
petition of an independent candidate for public office; OR ANY POLITICAL
ACTION COMMITTEE ESTABLISHED, FINANCED, MAINTAINED OR CONTROLLED BY  ANY
CORPORATION,  LABOR  ORGANIZATION,  OR  ANY OTHER PERSON; but nothing in
this article shall apply  to  any  committee  or  organization  for  the
discussion  or  advancement of political questions or principles without
connection with any vote or to a national committee  organized  for  the
election  of  presidential  or  vice-presidential  candidates; provided,
however, that a person or corporation making a contribution or  contrib-
utions  to a candidate or a political committee which has filed pursuant
to section 14-118 OF THIS ARTICLE shall not,  by  that  fact  alone,  be
deemed to be a political committee as herein defined.
  12.  "CANDIDATE  FOR  LOCAL  PUBLIC  OFFICE" MEANS A CANDIDATE FOR ANY
PUBLIC OFFICE OTHER THAN: (A) A PUBLIC OFFICE TO  BE  VOTED  ON  BY  THE
VOTERS  OF  THE  ENTIRE  STATE;  (B) STATE SENATOR; OR (C) MEMBER OF THE
ASSEMBLY.
  13. "CANDIDATE FOR STATE PUBLIC OFFICE" MEANS A CANDIDATE FOR:  (A)  A
PUBLIC  OFFICE  TO  BE  VOTED  ON BY THE VOTERS OF THE ENTIRE STATE; (B)
STATE SENATOR; OR (C) MEMBER OF THE ASSEMBLY.
  14. "LABOR ORGANIZATION" MEANS ANY  ORGANIZATION  OF  ANY  KIND  WHICH
EXISTS  FOR  THE PURPOSE, IN WHOLE OR IN PART, OF REPRESENTING EMPLOYEES
EMPLOYED WITHIN THE STATE OF NEW  YORK  IN  DEALING  WITH  EMPLOYERS  OR
EMPLOYER  ORGANIZATIONS  OR WITH A STATE GOVERNMENT, OR ANY POLITICAL OR
CIVIL SUBDIVISION OR OTHER AGENCY THEREOF, CONCERNING TERMS  AND  CONDI-
TIONS  OF EMPLOYMENT, GRIEVANCES, LABOR DISPUTES, OR OTHER MATTERS INCI-
DENTAL TO THE EMPLOYMENT RELATIONSHIP. FOR THE PURPOSES OF THIS ARTICLE,
EACH PARENT NATIONAL OR INTERNATIONAL ORGANIZATION OF A STATEWIDE  LABOR
ORGANIZATION,  AND EACH STATEWIDE FEDERATION RECEIVING DUES FROM SUBSID-
IARY LABOR ORGANIZATIONS, SHALL BE CONSIDERED A SEPARATE LABOR ORGANIZA-
TION.
  15. "BUSINESS DEALINGS WITH THE STATE" MEANS  ANY  CONTRACT,  AS  SUCH
TERM IS DEFINED IN SUBDIVISION SIXTEEN OF THIS SECTION, WHICH IS FOR THE
PROCUREMENT  OF  GOODS, SERVICES OR CONSTRUCTION THAT IS ENTERED INTO OR
IN EFFECT WITH THE STATE OR ANY AGENCY OR ENTITY OF THE  STATE;  OR  (A)

A. 5279                             8

ANY  ACQUISITION  OR  DISPOSITION OF REAL PROPERTY WITH THE STATE OR ANY
AGENCY OR ENTITY OF THE STATE; OR (B) ANY CONCESSION  OR  ANY  FRANCHISE
FROM THE STATE OR ANY AGENCY OR ENTITY OF THE STATE.
  16.  "CONTRACT"  MEANS  ANY  AGREEMENT BETWEEN AN AGENCY, THE STATE OR
AGENCY OR ENTITY OF THE STATE OR ELECTED OFFICIAL AND A  CONTRACTOR,  OR
ANY  AGREEMENT  BETWEEN SUCH A CONTRACTOR AND A SUBCONTRACTOR, WHICH (A)
IS FOR THE PROVISION OF GOODS, SERVICES OR CONSTRUCTION AND HAS A  VALUE
THAT  WHEN  AGGREGATED WITH THE VALUES OF ALL OTHER SUCH AGREEMENTS WITH
THE SAME CONTRACTOR OR SUBCONTRACTOR AND ANY FRANCHISES  OR  CONCESSIONS
AWARDED  TO  SUCH  CONTRACTOR  OR  SUBCONTRACTOR  DURING THE IMMEDIATELY
PRECEDING TWELVE-MONTH PERIOD IS VALUED AT ONE HUNDRED THOUSAND  DOLLARS
OR MORE; OR (B) IS FOR THE PROVISION OF GOODS, SERVICES OR CONSTRUCTION,
IS  AWARDED  TO  A  SOLE SOURCE AND IS VALUED AT TEN THOUSAND DOLLARS OR
MORE; OR (C) IS A CONCESSION AND HAS A VALUE THAT WHEN  AGGREGATED  WITH
THE  VALUE  OF  ALL  OTHER  CONTRACTS HELD BY THE SAME CONCESSIONAIRE IS
VALUED AT ONE HUNDRED THOUSAND DOLLARS OR MORE; OR (D) IS A FRANCHISE.
  17. "DOING BUSINESS DATABASE" MEANS A COMPUTERIZED DATABASE ACCESSIBLE
TO THE BOARD THAT CONTAINS THE NAMES OF PERSONS WHO HAVE BUSINESS  DEAL-
INGS  WITH  THE  STATE. SUCH DATABASE SHALL BE DEVELOPED, MAINTAINED AND
UPDATED BY THE BOARD OF ELECTIONS IN  A  MANNER  SO  AS  TO  ENSURE  ITS
REASONABLE  ACCURACY  AND  COMPLETENESS;  PROVIDED,  HOWEVER, THAT IN NO
EVENT SHALL SUCH DATABASE BE UPDATED LESS FREQUENTLY THAN ONCE A  MONTH.
SUCH COMPUTERIZED DATABASE SHALL CONTAIN A FUNCTION TO ENABLE MEMBERS OF
THE  PUBLIC  TO  DETERMINE  IF A GIVEN PERSON IS IN THE DATABASE BECAUSE
SUCH PERSON HAS BUSINESS DEALINGS WITH THE STATE. FOR PURPOSES  OF  THIS
SUBDIVISION, THE TERM "PERSON" SHALL INCLUDE AN ENTITY THAT HAS BUSINESS
DEALINGS  WITH  THE  STATE, ANY CHIEF EXECUTIVE OFFICER, CHIEF FINANCIAL
OFFICER AND/OR CHIEF OPERATING OFFICER OF SUCH ENTITY OR PERSONS SERVING
IN AN EQUIVALENT CAPACITY, ANY PERSON EMPLOYED IN  A  SENIOR  MANAGERIAL
CAPACITY  REGARDING  SUCH ENTITY, OR ANY PERSON WITH AN INTEREST IN SUCH
ENTITY WHICH EXCEEDS TEN PERCENT OF THE ENTITY.  FOR  PURPOSES  OF  THIS
SUBDIVISION,  THE  TERM  "SENIOR  MANAGERIAL CAPACITY" SHALL MEAN A HIGH
LEVEL SUPERVISORY CAPACITY, EITHER BY VIRTUE  OF  TITLE  OR  DUTIES,  IN
WHICH  SUBSTANTIAL DISCRETION AND OVERSIGHT IS EXERCISED OVER THE SOLIC-
ITATION, LETTING OR ADMINISTRATION OF  BUSINESS  TRANSACTIONS  WITH  THE
STATE,  INCLUDING  CONTRACTS,  FRANCHISES, CONCESSIONS, GRANTS, ECONOMIC
DEVELOPMENT AGREEMENTS AND APPLICATIONS FOR LAND USE APPROVALS.
  S 9. Subdivisions 1, 3 and 4 of section 14-102 of  the  election  law,
subdivisions 1 and 3 as amended by chapter 8 of the laws of 1978, subdi-
vision 1 as redesignated by chapter 9 of the laws of 1978, subdivision 3
as  renumbered  by  chapter  70 of the laws of 1983 and subdivision 4 as
amended by chapter 406 of the laws of  2005,  are  amended  to  read  as
follows:
  1.  The  treasurer of every political committee which, or any officer,
member or agent of any  such  committee  who,  in  connection  with  any
election,  receives  or expends any money or other [valuable thing] ITEM
OF VALUE or incurs any liability to pay money or  its  equivalent  shall
file  statements  sworn,  or  subscribed  and bearing a form notice that
false statements made therein are punishable as a  class  A  misdemeanor
pursuant  to section 210.45 of the penal law, at the times prescribed by
this article setting forth all the receipts, contributions  to  and  the
expenditures  by  and liabilities of the committee, and of its officers,
members and agents in its behalf.  Such  statements  shall  include  the
dollar  amount  of  any  receipt,  contribution or transfer, or the fair
market value of any receipt, contribution or transfer,  which  is  other
than of money, the name [and], address AND OCCUPATION of the transferor,

A. 5279                             9

contributor  or  person  from  whom  received, OTHER THAN IN THE REGULAR
COURSE OF A LENDER'S BUSINESS, THE NAME AND  ADDRESS  OF  SUCH  PERSON'S
EMPLOYER,  AND  BUSINESS ADDRESS OF EACH INDIVIDUAL, POLITICAL COMMITTEE
OR  OTHER  ENTITY  MAKING  SUCH CONTRIBUTION, OR ANY LOAN, GUARANTEE, OR
OTHER SECURITY FOR SUCH A LOAN and if  the  transferor,  contributor  or
person  is  a  political  committee;  the name of and the political unit
represented by the committee, the date of its receipt, the dollar amount
of every expenditure, the name and address of the person to whom it  was
made  or the name of and the political unit represented by the committee
to which it was made and the date thereof, and shall state  clearly  the
purpose  of  such expenditure.   IF ANY ONE EXPENDITURE IS MADE FOR MORE
THAN ONE PURPOSE, OR AS PAYMENT FOR GOODS OR SERVICES SUPPLIED  BY  MORE
THAN  ONE  SUPPLIER, SUCH STATEMENT SHALL SET FORTH SEPARATELY EACH SUCH
PURPOSE OR SUPPLIER AND THE AMOUNT EXPENDED FOR EACH SUCH PURPOSE OR  TO
EACH  SUCH  SUPPLIER. Any statement reporting a loan shall have attached
to it a copy of the evidence of  indebtedness.    Expenditures  in  sums
under  fifty  dollars need not be specifically accounted for by separate
items in said statements, and receipts and contributions aggregating not
more than ninety-nine dollars, from any  one  contributor  need  not  be
specifically  accounted  for  by  separate  items  in  said  statements,
provided however, that such  expenditures,  receipts  and  contributions
shall be subject to the other provisions of section 14-118 of this arti-
cle.
  3.  The  state  board  of  elections shall promulgate regulations with
respect to the accounting methods to be applied IN COMPLYING  WITH,  AND
in  preparing the statements required by, the provisions of this article
and shall provide forms suitable for such statements.  SUCH  REGULATIONS
SHALL BE DRAWN TO ASSURE SUCH COMPLIANCE AND OBTAIN THE MAXIMUM POSSIBLE
DISCLOSURE.
  4.  Any  committee which is required to file statements with [any] THE
STATE board of elections pursuant to this article and  which  raises  or
spends  or  expects  to raise or spend more than one thousand dollars in
any calendar year shall file all such statements pursuant to  the  elec-
tronic  reporting  system  prescribed by the state board of elections as
set forth in subdivision  nine-A  of  section  3-102  of  this  chapter.
Notwithstanding the provisions of this subdivision, upon the filing of a
sworn  statement  by the treasurer of a political committee which states
that such political committee does not have  access  to  the  technology
necessary  to comply with the electronic filing requirements of subdivi-
sion nine-A of section 3-102 of this chapter and  that  filing  by  such
means would constitute a substantial hardship for such political commit-
tee,  the state board of elections may issue an exemption from the elec-
tronic filing requirements of this article.
  S 10. Subdivision 5 of section 14-102 of the election law is REPEALED.
  S 11. Subdivisions 1 and 2 of section  14-104  of  the  election  law,
subdivision 1 as amended by chapter 430 of the laws of 1997 and subdivi-
sion  2  as  amended  by chapter 406 of the laws of 2005, are amended to
read as follows:
  1. Any candidate for election to public office, or for nomination  for
public  office  at  a  contested  primary election or convention, or for
election to a party position at a primary election,  shall  file  state-
ments  sworn,  or subscribed and bearing a form notice that false state-
ments made therein are punishable as a class A misdemeanor  pursuant  to
section 210.45 of the penal law, at the times prescribed by this article
setting  forth the particulars specified by section 14-102 of this arti-
cle, as to all moneys or other valuable things, paid, given, expended or

A. 5279                            10

promised by him OR HER to aid his OR HER own nomination or election,  or
to  promote  the  success  or  defeat of a political party, or to aid or
influence the nomination or election or the defeat of any  other  candi-
date to be voted for at the election or primary election or at a conven-
tion, including contributions to political committees, officers, members
or  agents  thereof, and transfers, receipts and contributions to him OR
HER to be used for any of the purposes above specified, or in lieu ther-
eof, any such candidate may file such a sworn  statement  at  the  first
filing period, on a form prescribed by the state board of elections that
such candidate has made no such expenditures and does not intend to make
any  such  expenditures, except through a political committee authorized
by such candidate pursuant to this article.  A committee  authorized  by
such  a  candidate  may  fulfill  all of the filing requirements of this
[act] ARTICLE on behalf of such candidate.
  2. Statements filed by any political committee authorized by a  candi-
date  pursuant to this article which is required to file such statements
with [any] THE STATE board of elections and which raises  or  spends  or
expects to raise or spend more than one thousand dollars in any calendar
year shall file all such statements pursuant to the electronic reporting
system prescribed by the state board of elections as set forth in subdi-
vision  nine-A  of  section  3-102  of this chapter. Notwithstanding the
provisions of this subdivision, upon the filing of a sworn statement  by
the  treasurer of a political committee authorized by a candidate pursu-
ant to this article which states  that  such  committee  does  not  have
access  to the technology necessary to comply with the electronic filing
requirements of subdivision nine-A of section 3-102 of this chapter  and
that  filing  by  such means would constitute a substantial hardship for
such committee, the state board of elections may issue an exemption from
the electronic filing requirements of this article.
  S 12. Subdivision 3 of section 14-104 of the election law is REPEALED.
  S 13. Section 14-106 of the election law, as amended by chapter  8  of
the laws of 1978, is amended to read as follows:
  S  14-106.  Political  [advertisements  and literature] COMMUNICATION;
FILING AND IDENTIFICATION.  1. The statements required to be filed under
the provisions of this article next succeeding  a  primary,  general  or
special  election  shall  be  accompanied  by a facsimile or copy of all
advertisements, pamphlets, circulars, flyers, brochures, letterheads and
other printed matter purchased or produced  [and],  a  schedule  of  all
radio or television time, and scripts used therein, SCRIPTS OF TELEPHON-
IC  CALLS,  AND  REPRODUCTIONS  OF STATEMENTS OR INFORMATION CONVEYED BY
COMPUTER OR OTHER ELECTRONIC DEVICE TO FIVE HUNDRED OR  MORE  RECIPIENTS
purchased  in connection with such election by or under the authority of
the person filing the statement or the committee or the person on  whose
behalf  it is filed, as the case may be. Such facsimiles, copies, sched-
ules and scripts shall be preserved by the  officer  with  whom  or  the
board  with  which  it  is required to be filed for a period of one year
from the date of filing thereof.
  2. WHENEVER ANY PERSON MAKES AN EXPENDITURE THAT COSTS MORE  THAN  ONE
THOUSAND DOLLARS IN AGGREGATE FOR THE PURPOSE OF FINANCING, OR OTHERWISE
PUBLISHES   OR  DISTRIBUTES,  COMMUNICATIONS  EXPRESSLY  ADVOCATING  THE
ELECTION OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE OR THE APPROVAL  OR
DISAPPROVAL OF A BALLOT PROPOSAL, SUCH COMMUNICATION:
  (A) IF PAID FOR AND AUTHORIZED BY A CANDIDATE, AN AUTHORIZED POLITICAL
COMMITTEE  OF  A  CANDIDATE, OR ITS AGENTS, SHALL CLEARLY STATE THAT THE
COMMUNICATION HAS BEEN PAID FOR BY SUCH CANDIDATE, AUTHORIZED  POLITICAL
COMMITTEE, OR AGENT; OR

A. 5279                            11

  (B)  IF  PAID  FOR  BY OTHER PERSONS BUT AUTHORIZED BY A CANDIDATE, AN
AUTHORIZED POLITICAL COMMITTEE OF A  CANDIDATE,  OR  ITS  AGENTS,  SHALL
CLEARLY  STATE  THAT THE COMMUNICATION IS PAID FOR BY SUCH OTHER PERSONS
AND AUTHORIZED BY SUCH CANDIDATE,  AUTHORIZED  POLITICAL  COMMITTEE,  OR
AGENT.
  (C)  FOR  PURPOSES  OF THIS SUBDIVISION, THE TERM "PERSON" INCLUDES AN
INDIVIDUAL OR ANY OTHER ORGANIZATION OR GROUP OF PERSONS.
  3. WHENEVER ANY POLITICAL COMMITTEE MAKES AN  EXPENDITURE  THAT  COSTS
MORE  THAN  ONE THOUSAND DOLLARS IN AGGREGATE FOR THE PURPOSE OF FINANC-
ING, OR OTHERWISE PUBLISHES  OR  DISTRIBUTES,  COMMUNICATIONS  EXPRESSLY
ADVOCATING,  THE ELECTION OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE OR
THE APPROVAL OR DISAPPROVAL OF A BALLOT PROPOSAL AND SUCH  COMMUNICATION
IS NOT AUTHORIZED BY A CANDIDATE, AN AUTHORIZED POLITICAL COMMITTEE OF A
CANDIDATE,  OR  ITS  AGENTS,  SUCH COMMUNICATION SHALL CLEARLY STATE THE
NAME OF THE POLITICAL COMMITTEE WHO PAID FOR, OR OTHERWISE PUBLISHED  OR
DISTRIBUTED, THE COMMUNICATION AND STATE, WITH RESPECT TO COMMUNICATIONS
REGARDING  CANDIDATES,  THAT  THE COMMUNICATION IS NOT AUTHORIZED BY ANY
CANDIDATE OR CANDIDATE'S COMMITTEE.
  4. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  (A) THE TERM "CLEARLY IDENTIFIED" MEANS THAT:
  (I) THE NAME OF THE CANDIDATE INVOLVED APPEARS;
  (II) A PHOTOGRAPH OR DRAWING OF THE CANDIDATE APPEARS; OR
  (III)  THE IDENTITY OF THE CANDIDATE IS APPARENT BY UNAMBIGUOUS REFER-
ENCE.
  (B) THE TERM "COMMUNICATION" INCLUDES ANY  ADVERTISEMENTS,  PAMPHLETS,
CIRCULARS, FLYERS, BROCHURES, LETTERHEADS OR OTHER PRINTED MATTER, RADIO
OR TELEVISION BROADCASTS, TELEPHONIC CALLS AND STATEMENTS OR INFORMATION
CONVEYED BY COMPUTER OR OTHER ELECTRONIC DEVICES TO FIVE HUNDRED OR MORE
RECIPIENTS.
  5.  A  KNOWING AND WILLFUL VIOLATION OF THE PROVISIONS OF THIS SECTION
SHALL CONSTITUTE A CLASS A MISDEMEANOR.
  S 13-a. The election law is amended by adding a new section 14-107  to
read as follows:
  S  14-107.  INDEPENDENT EXPENDITURE REPORTING. 1. FOR PURPOSES OF THIS
ARTICLE:
  A. "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE BY A PERSON OR ENTI-
TY WHICH: (I) EXPRESSLY ADVOCATES THE ELECTION OR DEFEAT  OF  A  CLEARLY
IDENTIFIED  CANDIDATE,  AND  (II) THAT IS NOT MADE IN CONCERT OR COOPER-
ATION WITH OR AT THE REQUEST OR SUGGESTION OF SUCH CANDIDATE, THE CANDI-
DATE'S COMMITTEE OR THEIR AGENTS, OR A POLITICAL PARTY COMMITTEE OR  ITS
AGENTS.
  B. "ELECTIONEERING COMMUNICATION" MEANS ANY BROADCAST, CABLE OR SATEL-
LITE  COMMUNICATION  WHICH  REFERS TO A CLEARLY IDENTIFIED CANDIDATE FOR
STATE OR LOCAL OFFICE MADE WITHIN SIXTY DAYS BEFORE A  GENERAL  ELECTION
OR  THIRTY  DAYS  BEFORE A PRIMARY OR SPECIAL ELECTION WHICH PROMOTES OR
SUPPORTS A CANDIDATE FOR AN OFFICE OR ATTACKS OR OPPOSES A CANDIDATE FOR
THAT OFFICE (REGARDLESS OF WHETHER THE COMMUNICATION EXPRESSLY ADVOCATES
A VOTE FOR OR AGAINST A CANDIDATE) AND WHICH IS SUGGESTIVE OF NO PLAUSI-
BLE MEANING OTHER THAN AN EXHORTATION TO VOTE FOR OR AGAINST A  SPECIFIC
CANDIDATE. AN "ELECTIONEERING COMMUNICATION" DOES NOT INCLUDE:
  (I) A COMMUNICATION APPEARING IN A NEWS STORY, COMMENTARY, OR EDITORI-
AL  DISTRIBUTED  THROUGH  THE  FACILITIES  OF  ANY BROADCASTING STATION,
UNLESS SUCH FACILITIES ARE OWNED OR CONTROLLED BY ANY  POLITICAL  PARTY,
POLITICAL COMMITTEE OR CANDIDATE;

A. 5279                            12

  (II) A COMMUNICATION THAT CONSTITUTES AN EXPENDITURE MADE BY AN ENTITY
REQUIRED TO REPORT SUCH EXPENDITURE WITH THE STATE BOARD OF ELECTIONS;
  (III) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM;
  (IV)  ANY  OTHER  COMMUNICATION WHICH HAS NO ELECTIONEERING PURPOSE OF
EFFECT EXEMPTED UNDER REGULATIONS PROMULGATED  BY  THE  STATE  BOARD  OF
ELECTIONS; AND
  (V)  A  COMMUNICATION  THAT  DOES  NOT REACH FIFTY THOUSAND PERSONS OR
POTENTIALLY REACH FIFTEEN PERCENT OF THE HOUSEHOLDS IN THE  JURISDICTION
IN  WHICH  THE  CANDIDATE  IS  SEEKING  AN OFFICE OR IN WHICH THERE IS A
BALLOT PROPOSAL, WHICHEVER IS LESS.
  2. ANY PERSON OR ENTITY WHICH MAKES INDEPENDENT EXPENDITURES OR  ELEC-
TIONEERING  COMMUNICATIONS  THAT  COST MORE THAN ONE THOUSAND DOLLARS IN
AGGREGATE, SHALL REPORT SUCH INDEPENDENT EXPENDITURES AND ELECTIONEERING
COMMUNICATIONS AND THE EXPENDITURES  THEREFOR  TO  THE  STATE  BOARD  OF
ELECTIONS  ON STATEMENTS AS PROVIDED FOR IN SECTION 14-108 OF THIS ARTI-
CLE. ANY INDEPENDENT EXPENDITURE OR  ELECTIONEERING  COMMUNICATION  MADE
AFTER  THE CLOSE OF THE PERIOD TO BE COVERED IN THE LAST STATEMENT FILED
BEFORE  ANY  PRIMARY,  GENERAL  OR  SPECIAL  ELECTION  BUT  BEFORE  SUCH
ELECTION,  SHALL  BE  REPORTED  WITHIN  TWENTY-FOUR  HOURS  AFTER  BEING
CONDUCTED.
  3. EACH SUCH STATEMENT SHALL INCLUDE THE DOLLAR AMOUNT OF  EACH  GIFT,
SUBSCRIPTION,  OUTSTANDING  LOAN,  ADVANCE,  OR  DEPOSIT OF MONEY OR ANY
THING OF VALUE, INCLUDING SERVICES, RELATED TO INDEPENDENT  EXPENDITURES
OR ELECTIONEERING COMMUNICATIONS, AS WELL AS THE NAME AND ADDRESS OF THE
PERSON OR ENTITY PROVIDING SUCH AND THE DATE OF SAME.
  4. EACH SUCH STATEMENT SHALL INCLUDE THE DOLLAR AMOUNT OF EACH EXPEND-
ITURE  RELATED  TO  INDEPENDENT  EXPENDITURES OR ELECTIONEERING COMMUNI-
CATIONS, AS WELL AS THE NAME AND ADDRESS OF  THE  PERSON  OR  ENTITY  TO
WHICH  SUCH  EXPENDITURE  IS  MADE,  THE DATE OF THE EXPENDITURE AND THE
PURPOSE OF SUCH EXPENDITURE.
  5. ANY STATEMENT REPORTING A LOAN SHALL CONTAIN THE  SAME  INFORMATION
AS  IF  IT WERE AN EXPENDITURE, RECEIPT OR THING OF VALUE. IT SHALL ALSO
PROVIDE EVIDENCE OF THE INDEBTEDNESS.
  6. NOTWITHSTANDING SECTION 14-106 OF THIS ARTICLE, EVERY  SUCH  STATE-
MENT  REPORTED  PURSUANT  TO  SUBDIVISION  TWO  OF THIS SECTION SHALL BE
ACCOMPANIED BY A FACSIMILE OR COPY OF ALL MATERIALS RELATED TO THE INDE-
PENDENT EXPENDITURE OR ELECTIONEERING  COMMUNICATIONS  TO  BE  REPORTED,
INCLUDING,  BUT  NOT  LIMITED  TO, ADVERTISEMENTS, PAMPHLETS, CIRCULARS,
FLYERS, BROCHURES OR ANY OTHER PRINTED MATERIAL PURCHASED OR PRODUCED, A
SCHEDULE OF ALL RADIO OR TELEVISION TIME, SCRIPTS USED  THEREIN,  AND  A
TRUE  AND  AUTHENTIC  COPY  OF  THE  ELECTIONEERING COMMUNICATION AIRED,
BROADCAST OR OTHERWISE DISSEMINATED. EACH POST-ELECTION STATEMENT  FILED
PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL CONTAIN ALL SUCH MATE-
RIALS LISTED IN THIS SUBDIVISION FOR THE ELECTION TO WHICH IT PERTAINS.
  7. SUCH STATEMENTS SHALL ALSO CONTAIN THE FOLLOWING INFORMATION:
  A.  THE ELECTIONS TO WHICH THE INDEPENDENT EXPENDITURE OR ELECTIONEER-
ING COMMUNICATIONS PERTAIN AND THE NAMES (IF KNOWN) OF THE CANDIDATES OR
POLITICAL PARTY IDENTIFIED OR TO BE IDENTIFIED;
  B. IF THE DISBURSEMENTS WERE PAID OUT OF  A  SEGREGATED  BANK  ACCOUNT
WHICH  CONSISTS  OF FUNDS CONTRIBUTED DIRECTLY TO THIS ACCOUNT FOR INDE-
PENDENT EXPENDITURE OR  ELECTIONEERING  COMMUNICATIONS,  THE  NAMES  AND
ADDRESSES OF ALL CONTRIBUTORS WHO CONTRIBUTED AN AGGREGATE AMOUNT OF ONE
HUNDRED  DOLLARS  OR MORE TO THAT ACCOUNT DURING THE PERIOD BEGINNING ON
THE FIRST DAY OF THE PRECEDING CALENDAR YEAR AND ENDING ON  THE  DISCLO-
SURE DATE; AND

A. 5279                            13

  C.  IF THE DISBURSEMENTS WERE PAID OUT OF FUNDS NOT DESCRIBED IN PARA-
GRAPH B OF THIS SUBDIVISION, THE NAMES AND ADDRESSES OF ALL CONTRIBUTORS
WHO CONTRIBUTED AN AGGREGATE AMOUNT OF ONE HUNDRED DOLLARS  OR  MORE  TO
THE  PERSON  MAKING  THE DISBURSEMENT DURING THE PERIOD BEGINNING ON THE
FIRST  DAY  OF  THE PRECEDING CALENDAR YEAR AND ENDING ON THE DISCLOSURE
DATE.
  8. FOR PURPOSES OF THIS SECTION, AN EXPENDITURE SHALL  BE  TREATED  AS
HAVING  BEEN  MADE UPON THE EXECUTION OF A CONTRACT TO MAKE THE EXPENDI-
TURE.
  9. EVERY STATEMENT REQUIRED TO BE FILED PURSUANT TO THIS SECTION SHALL
BE  FILED  BY  ELECTRONIC  REPORTING  PROCESS  TO  THE  STATE  BOARD  OF
ELECTIONS.
  10.  THE  STATE  BOARD  OF ELECTIONS SHALL PROMULGATE REGULATIONS WITH
RESPECT TO THE STATEMENTS REQUIRED TO BE FILED BY THIS SECTION AND SHALL
PROVIDE FORMS SUITABLE FOR SUCH STATEMENTS.
  S 14. Subdivision 1 of section 14-108 of the election law, as  amended
by chapter 955 of the laws of 1983, is amended to read as follows:
  1.  The  statements  required  by  this article shall be filed at such
times as the state board of elections,  by  rule  or  regulation,  shall
specify; provided, however, that in no event shall the board provide for
fewer  than three filings in the aggregate in connection with any prima-
ry, general or special election, or in connection with a question to  be
voted  on  and  two  of  said filings shall be before any such election,
including one such filing not  less  than  thirty  days  nor  more  than
forty-five days prior to such election and one such filing not less than
eleven days nor more than fifteen days prior to such election.  In addi-
tion,  the  board shall provide that every political committee which has
filed a statement of treasurer and depository shall make [at least]  one
filing  [every  six  months between the time such statement of treasurer
and depository is filed and the time such committee goes  out  of  busi-
ness]  ON  JANUARY  THIRTY-FIRST,  ONE FILING ON APRIL THIRTIETH AND ONE
FILING ON JULY THIRTY-FIRST OF EACH YEAR.  If any candidate or committee
shall be required by the provisions of this section, or by rule or regu-
lation hereunder, to effect two filings within a period  of  five  days,
the  state  board  of  elections  may,  by rule or regulation, waive the
requirement of filing the earlier of such  statements.  If  a  statement
filed  by  a  candidate  or  committee  after  the  election to which it
pertains is not a final statement showing satisfaction  of  all  liabil-
ities  and  disposition of all assets, such candidate or committee shall
file such additional statements as the board shall,  by  rule  or  regu-
lation provide until such a final statement is filed.
  S  15. Subdivision 6 of section 14-108 of the election law, as amended
by chapter 323 of the laws of 1977 and as redesignated by chapter  9  of
the laws of 1978, is amended and a new subdivision 8 is added to read as
follows:
  6.  [A]  ALL  STATEMENTS  REQUIRED  TO  BE  FILED DURING THE PERIOD OF
FIFTEEN  DAYS  BEFORE  ANY  ELECTION  SHALL  BE  FILED   ELECTRONICALLY;
PROVIDED,  HOWEVER  ANY  CANDIDATE OR COMMITTEE THAT HAS BEEN GRANTED AN
EXEMPTION FROM ELECTRONIC FILING BY THE STATE BOARD OF  ELECTIONS  SHALL
FILE SUCH STATEMENTS BY GUARANTEED OVERNIGHT DELIVERY THROUGH THE UNITED
STATES  POSTAL SERVICE, OR SOME OTHER OVERNIGHT DELIVERY SERVICE. SUCH A
statement SENT BY GUARANTEED OVERNIGHT DELIVERY shall be deemed properly
filed  when  deposited  [in  an  established  post-office   within   the
prescribed  time,  duly  stamped,  certified and directed to the officer
with whom or to the board with which the statement  is  required  to  be
filed] WITH THE UNITED STATES POSTAL SERVICE OR OTHER OVERNIGHT DELIVERY

A. 5279                            14

SERVICE, but in the event it is not received, a duplicate of such state-
ment  shall  be promptly filed upon notice by [such officer or such] THE
STATE board of its non-receipt.
  8. IN THE CASE OF AN UNEXPECTED EXTREME HARDSHIP NOT IN THE CONTROL OF
A  PERSON  REQUIRED  TO  FILE  STATEMENTS REQUIRED BY THIS ARTICLE, SUCH
PERSON MAY SUBMIT A WRITTEN REQUEST FOR A WAIVER OF THE STATUTORY  DEAD-
LINE  FOR  SUCH  FILING  FROM THE STATE BOARD OF ELECTIONS PRIOR TO SUCH
DEADLINE.   ANY WAIVER GRANTED PURSUANT TO  THIS  SUBDIVISION  SHALL  BE
LIMITED TO NO MORE THAN TEN DAYS.
  S 16. Section 14-110 of the election law is REPEALED and a new section
14-110 is added to read as follows:
  S 14-110. PLACE FOR FILING STATEMENTS. ALL STATEMENTS REQUIRED BY THIS
ARTICLE SHALL BE FILED WITH THE STATE BOARD OF ELECTIONS.
  S 17. Section 14-112 of the election law, as amended by chapter 930 of
the laws of 1981, is amended to read as follows:
  S   14-112.  [Political]  AUTHORIZED  COMMITTEE;  POLITICAL  committee
authorization statement. 1. Any political  committee  aiding  or  taking
part  in  the  election  or  nomination  of any candidate, other than by
making contributions, shall file, [in the office in which the statements
of such committee are to be filed pursuant to  this  article]  WITH  THE
STATE BOARD OF ELECTIONS, either a sworn verified statement by the trea-
surer  of such committee AND THE CANDIDATE that [the] SUCH candidate has
authorized the political committee to aid or take part  in  his  OR  HER
election  or A SWORN VERIFIED STATEMENT BY THE TREASURER OF SUCH COMMIT-
TEE that the candidate has not authorized the committee to aid  or  take
part in his OR HER election.
  2.  NO  CANDIDATE MAY AUTHORIZE MORE THAN TWO POLITICAL COMMITTEES FOR
ANY ONE PUBLIC OFFICE OR PARTY POSITION IN A PARTICULAR ELECTION.    ANY
CANDIDATE  WHO,  ON JANUARY FIRST, TWO THOUSAND THIRTEEN, HAS AUTHORIZED
MORE THAN TWO POLITICAL COMMITTEES FOR ANY ONE PUBLIC  OFFICE  OR  PARTY
POSITION  IN  A  PARTICULAR  ELECTION  SHALL, NOT LATER THAN THIRTY DAYS
AFTER SAID DATE, CLOSE ALL BUT  TWO  OF  SUCH  COMMITTEES  AND  TRANSFER
EXISTING FUNDS TO SUCH CANDIDATE'S REMAINING COMMITTEE OR COMMITTEES FOR
THE SAME PUBLIC OFFICE OR PARTY POSITION IN A PARTICULAR ELECTION.  THIS
SUBDIVISION  SHALL  NOT  APPLY  TO  THE  AUTHORIZATION OF AN EXPLORATORY
COMMITTEE BY AN ELECTED PUBLIC OFFICIAL. A MULTI-CANDIDATE COMMITTEE MAY
NOT BE AN AUTHORIZED COMMITTEE.
  3. NO INDIVIDUAL OR ENTITY, INCLUDING BUT NOT  LIMITED  TO,  A  CORPO-
RATION, LIMITED LIABILITY COMPANY, PROFESSIONAL LIMITED LIABILITY COMPA-
NY,  PARTNERSHIP  OR LABOR ORGANIZATION, MAY AUTHORIZE OR DESIGNATE MORE
THAN ONE POLITICAL ACTION COMMITTEE.  ANY INDIVIDUAL OR ENTITY,  INCLUD-
ING  BUT  NOT  LIMITED  TO,  A  CORPORATION,  LIMITED LIABILITY COMPANY,
PROFESSIONAL LIMITED LIABILITY COMPANY, PARTNERSHIP OR  LABOR  ORGANIZA-
TION,  THAT,  ON JANUARY FIRST, TWO THOUSAND THIRTEEN, HAS AUTHORIZED OR
DESIGNATED MORE THAN ONE POLITICAL ACTION  COMMITTEE  SHALL,  NOT  LATER
THAN  THIRTY  DAYS  AFTER  SAID DATE, CLOSE ALL BUT ONE POLITICAL ACTION
COMMITTEE AND TRANSFER EXISTING FUNDS TO THE REMAINING  COMMITTEE.    NO
INDIVIDUAL  MAY  SERVE  AS  THE TREASURER OF, OR BE AUTHORIZED TO EXPEND
FUNDS ON BEHALF OF, MORE THAN ONE POLITICAL ACTION COMMITTEE.
  S 18. Subdivision 1 of section 14-114 of the election law, as  amended
by  chapter  79  of  the  laws of 1992, paragraphs a and b as amended by
chapter 659 of the laws of 1994, is amended to read as follows:
  1. The following limitations apply to all contributions to  candidates
for election to any public office or for nomination for any such office,
INCLUDING  AN  UNOPPOSED  NOMINATION, or for election to any party posi-
tions, and to all contributions to political committees working directly

A. 5279                            15

or indirectly with any candidate to aid or participate  in  such  candi-
date's  nomination  or  election[,  other  than any contributions to any
party committee or constituted committee]:
  a.  In  any  election  for  (I)  a public office to be voted on by the
voters of the entire state, (II) A STATE SENATOR, OR (III) A  MEMBER  OF
THE  ASSEMBLY,  or for nomination to any such office, INCLUDING AN UNOP-
POSED NOMINATION, no contributor may make a contribution to  any  candi-
date or political committee, and no candidate or political committee may
accept  any contribution from any contributor, which is in the aggregate
amount greater than[:   (i) in the case  of  any  nomination  to  public
office, the product of the total number of enrolled voters in the candi-
date's  party  in the state, excluding voters in inactive status, multi-
plied by $.005, but such amount shall be not  less  than  four  thousand
dollars  nor more than twelve thousand dollars as increased or decreased
by the cost of living adjustment described in paragraph c of this subdi-
vision, and (ii) in the case of any election to a public  office,  twen-
ty-five thousand dollars as increased or decreased by the cost of living
adjustment described in paragraph c of this subdivision; provided howev-
er,  that the maximum amount which may be so contributed or accepted, in
the aggregate, from any candidate's child, parent, grandparent,  brother
and  sister, and the spouse of any such persons, shall not exceed in the
case of any nomination to public office  an  amount  equivalent  to  the
product of the number of enrolled voters in the candidate's party in the
state,  excluding voters in inactive status, multiplied by $.025, and in
the case of any election for a public office, an  amount  equivalent  to
the  product  of  the number of registered voters in the state excluding
voters in inactive status, multiplied by $.025.] (1) SEVEN THOUSAND FIVE
HUNDRED DOLLARS FOR A PUBLIC OFFICE TO BE VOTED  ON  BY  VOTERS  OF  THE
ENTIRE STATE; (2) FIVE THOUSAND DOLLARS FOR A STATE SENATOR; AND (3) TWO
THOUSAND THREE HUNDRED DOLLARS FOR A MEMBER OF THE ASSEMBLY.  THE AGGRE-
GATE LIMITATION SET FORTH IN THIS PARAGRAPH, WHICH SHALL APPLY SEPARATE-
LY FOR EACH ELECTION OR NOMINATION FOR EACH PUBLIC OFFICE LISTED IN THIS
SECTION SHALL BE INCREASED OR DECREASED BY THE COST OF LIVING ADJUSTMENT
DESCRIBED IN PARAGRAPH C OF THIS SUBDIVISION.
  b.  [In]  EXCEPT  FOR ELECTIONS CONDUCTED PURSUANT TO CHAPTER SEVEN OF
TITLE THREE OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK,  IN  any
other  election for party position or for election to a public office or
for nomination for any such office, no contributor may make  a  contrib-
ution  to any candidate or political committee and no candidate or poli-
tical committee may accept any contribution from any contributor,  which
is in the aggregate amount greater than: (i) in the case of any election
for  party  position, or for nomination to public office, the product of
the total number of enrolled voters in  the  candidate's  party  in  the
district  in  which  he  is  a  candidate,  excluding voters in inactive
status, multiplied by $.05, and (ii) in the case of any election  for  a
public  office,  the product of the total number of registered voters in
the district, excluding voters in inactive status, multiplied  by  $.05,
PROVIDED  however  [in  the  case of a nomination within the city of New
York for the office of  mayor,  public  advocate  or  comptroller,  such
amount shall be not less than four thousand dollars nor more than twelve
thousand dollars as increased or decreased by the cost of living adjust-
ment  described  in  paragraph  c of this subdivision; in the case of an
election within the city of New York for the  office  of  mayor,  public
advocate  or  comptroller,  twenty-five thousand dollars as increased or
decreased by the cost of living adjustment described in paragraph  c  of
this  subdivision;  in  the case of a nomination for state senator, four

A. 5279                            16

thousand dollars as increased or decreased by the cost of living adjust-
ment described in paragraph c of this subdivision; in  the  case  of  an
election  for  state  senator, six thousand two hundred fifty dollars as
increased  or  decreased  by  the cost of living adjustment described in
paragraph c of this subdivision; in the case of  an  election  or  nomi-
nation  for  a  member  of  the assembly, twenty-five hundred dollars as
increased or decreased by the cost of  living  adjustment  described  in
paragraph  c of this subdivision; but], in no event shall any such maxi-
mum exceed [fifty] TWO thousand THREE HUNDRED dollars or  be  less  than
one  thousand  dollars[; provided however, that the maximum amount which
may be so contributed or accepted, in the  aggregate,  from  any  candi-
date's child, parent, grandparent, brother and sister, and the spouse of
any such persons, shall not exceed in the case of any election for party
position  or  nomination  for  public office an amount equivalent to the
number of enrolled voters in the candidate's party in  the  district  in
which he is a candidate, excluding voters in inactive status, multiplied
by  $.25  and  in  the  case of any election to public office, an amount
equivalent to the number of registered voters in the district, excluding
voters in inactive status, multiplied by $.25; or twelve  hundred  fifty
dollars,  whichever  is  greater,  or  in  the  case  of a nomination or
election of a state  senator,  twenty  thousand  dollars,  whichever  is
greater,  or  in the case of a nomination or election of a member of the
assembly twelve thousand five hundred dollars, whichever is greater, but
in no event shall any such maximum exceed one hundred thousand dollars].
THE AGGREGATE LIMITATIONS SET FORTH IN THIS PARAGRAPH, WHICH SHALL APPLY
SEPARATELY FOR EACH ELECTION OR NOMINATION FOR PARTY POSITION OR  PUBLIC
OFFICE  LISTED  IN  THIS SECTION, SHALL BE INCREASED OR DECREASED BY THE
COST OF LIVING ADJUSTMENT SET FORTH IN PARAGRAPH C OF THIS SUBDIVISION.
  c. At the beginning of each [fourth] SECOND calendar year,  commencing
in  [nineteen hundred ninety-five] TWO THOUSAND FIFTEEN, the state board
shall determine the percentage  of  the  difference  between  the  [most
recent  available  monthly] consumer price index for all urban consumers
published by the United States  bureau  of  labor  statistics  and  such
consumer  price  index  published  for  the  same month [four] TWO years
previously. The amount of each contribution limit fixed in this subdivi-
sion shall be adjusted by the amount of such  percentage  difference  to
the closest one hundred dollars by the state board which, not later than
the  first  day  of February in each such year, shall issue a regulation
publishing the amount of each such contribution limit. Each contribution
limit as so adjusted shall be the contribution limit in effect  for  any
election held before the next such adjustment.
  S  19. Subdivision 8 of section 14-114 of the election law, as amended
by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
laws of 1978, is amended to read as follows:
  8. A. (I) Except as may otherwise be provided  [for]  BY  a  candidate
[and  his  family]  FOR  HIS  OR HER OWN CAMPAIGN, no NATURAL person may
contribute, loan or guarantee in excess of one hundred [fifty]  thousand
dollars  within  the  state:  (A)  in  connection with the nomination or
election of [persons to] CANDIDATES FOR  state  [and]  OR  local  public
offices [and] OR party positions within the state of New York in any one
calendar  year[.]; OR (B) TO PARTY COMMITTEES OR CONSTITUTED COMMITTEES,
INCLUDING, BUT NOT LIMITED TO, MONIES RECEIVED TO MAINTAIN  A  PERMANENT
HEADQUARTERS  AND  STAFF  AND CARRY ON ORDINARY ACTIVITIES WHICH ARE NOT
FOR THE EXPRESS PURPOSE OF PROMOTING THE CANDIDACY  OF  SPECIFIC  CANDI-
DATES.

A. 5279                            17

  (II) NO LABOR ORGANIZATION MAY CONTRIBUTE, LOAN OR GUARANTEE IN EXCESS
OF  ONE HUNDRED THOUSAND DOLLARS WITHIN THE STATE OF NEW YORK IN ANY ONE
CALENDAR YEAR: (A) IN CONNECTION WITH  THE  NOMINATION  OR  ELECTION  OF
CANDIDATES  FOR STATE PUBLIC OFFICES OR PARTY POSITIONS; OR (B) TO PARTY
COMMITTEES  OR  CONSTITUTED  COMMITTEES,  INCLUDING, BUT NOT LIMITED TO,
MONIES RECEIVED TO MAINTAIN A PERMANENT HEADQUARTERS AND STAFF AND CARRY
ON ORDINARY ACTIVITIES WHICH ARE NOT FOR THE EXPRESS PURPOSE OF  PROMOT-
ING THE CANDIDACY OF SPECIFIC CANDIDATES.
  (III)  NO POLITICAL ACTION COMMITTEE ESTABLISHED, FINANCED, MAINTAINED
OR CONTROLLED BY ANY CORPORATION OR ANY OTHER  PERSON,  MAY  CONTRIBUTE,
LOAN  OR GUARANTEE, DIRECTLY OR INDIRECTLY (INCLUDING THROUGH A CONTRIB-
UTION OF FUNDS TO ANOTHER POLITICAL  ACTION  COMMITTEE),  IN  EXCESS  OF
THREE  HUNDRED  THOUSAND DOLLARS WITHIN THE STATE OF NEW YORK IN ANY ONE
CALENDAR YEAR: (A) IN CONNECTION WITH  THE  NOMINATION  OR  ELECTION  OF
CANDIDATES  FOR STATE PUBLIC OFFICES OR PARTY POSITIONS; OR (B) TO PARTY
COMMITTEES OR CONSTITUTED COMMITTEES, INCLUDING,  BUT  NOT  LIMITED  TO,
MONIES RECEIVED TO MAINTAIN A PERMANENT HEADQUARTERS AND STAFF AND CARRY
ON  ORDINARY ACTIVITIES WHICH ARE NOT FOR THE EXPRESS PURPOSE OF PROMOT-
ING THE CANDIDACY OF SPECIFIC CANDIDATES.
  (IV) NO POLITICAL ACTION COMMITTEE ESTABLISHED,  FINANCED,  MAINTAINED
OR  CONTROLLED BY ANY LABOR ORGANIZATION MAY CONTRIBUTE, LOAN OR GUARAN-
TEE, DIRECTLY OR INDIRECTLY (INCLUDING THROUGH A CONTRIBUTION  OF  FUNDS
TO ANOTHER POLITICAL ACTION COMMITTEE), IN EXCESS OF THREE HUNDRED FIFTY
THOUSAND  DOLLARS WITHIN THE STATE OF NEW YORK IN ANY ONE CALENDAR YEAR:
(A) IN CONNECTION WITH THE NOMINATION  OR  ELECTION  OF  CANDIDATES  FOR
STATE  PUBLIC  OFFICES  OR  PARTY  POSITIONS; OR (B) PARTY COMMITTEES OR
CONSTITUTED COMMITTEES, INCLUDING, BUT NOT LIMITED TO,  MONIES  RECEIVED
TO  MAINTAIN  A  PERMANENT  HEADQUARTERS AND STAFF AND CARRY ON ORDINARY
ACTIVITIES WHICH ARE NOT FOR THE EXPRESS PURPOSE OF PROMOTING THE CANDI-
DACY OF SPECIFIC CANDIDATES.
  (V) For the purposes of this subdivision "loan" or  "guarantee"  shall
mean a loan or guarantee which is not repaid or discharged in the calen-
dar year in which it is made.
  B.  AT  THE  BEGINNING OF EACH FOURTH CALENDAR YEAR, COMMENCING IN TWO
THOUSAND SEVENTEEN, THE STATE BOARD SHALL DETERMINE  THE  PERCENTAGE  OF
THE  DIFFERENCE BETWEEN THE MOST RECENT AVAILABLE MONTHLY CONSUMER PRICE
INDEX FOR ALL URBAN CONSUMERS PUBLISHED BY THE UNITED STATES  BUREAU  OF
LABOR  STATISTICS  AND  SUCH CONSUMER PRICE INDEX PUBLISHED FOR THE SAME
MONTH FOUR YEARS PREVIOUSLY. THE AMOUNT OF SUCH CONTRIBUTION LIMIT FIXED
IN SUBPARAGRAPH (II)  OF  PARAGRAPH  A  OF  THIS  SUBDIVISION  SHALL  BE
ADJUSTED  BY THE AMOUNT OF SUCH PERCENTAGE DIFFERENCE TO THE CLOSEST ONE
HUNDRED DOLLARS BY THE STATE BOARD, WHICH, NOT LATER THAN THE FIRST  DAY
OF  FEBRUARY  IN EACH SUCH YEAR, SHALL ISSUE A REGULATION PUBLISHING THE
AMOUNT OF  SUCH  CONTRIBUTION  LIMIT.  SUCH  CONTRIBUTION  LIMIT  AS  SO
ADJUSTED SHALL BE THE CONTRIBUTION LIMIT IN EFFECT FOR ANY ELECTION HELD
BEFORE THE NEXT SUCH ADJUSTMENT.
  S  20.  Subdivision 10 of section 14-114 of the election law, as added
by chapter 79 of the laws of 1992, is amended to read as follows:
  10. a. No contributor may make a contribution to a  party  or  consti-
tuted committee and no such committee may accept a contribution from any
contributor  which, in the aggregate, is greater than sixty-two thousand
five hundred dollars per annum.
  b. At the beginning of each fourth calendar year, commencing in  nine-
teen hundred ninety-five, the state board shall determine the percentage
of  the  difference  between  the most recent available monthly consumer
price index for all urban  consumers  published  by  the  United  States

A. 5279                            18

bureau  of  labor statistics and such consumer price index published for
the same month four years previously. The amount  of  such  contribution
limit  fixed in paragraph a of this subdivision shall be adjusted by the
amount  of such percentage difference to the closest one hundred dollars
by the state board which, not later than the first day  of  February  in
each  such  year, shall issue a regulation publishing the amount of such
contribution limit. Such contribution limit as so adjusted shall be  the
contribution  limit in effect for any election held before the next such
adjustment.   NOTWITHSTANDING THE PROVISIONS  OF  PARAGRAPH  A  OF  THIS
SECTION,  NO NATURAL PERSON, POLITICAL ACTION COMMITTEE, OR LABOR ORGAN-
IZATION MAY MAKE A CONTRIBUTION TO A PARTY OR CONSTITUTED COMMITTEE  AND
NO  SUCH  COMMITTEE  MAY  ACCEPT A CONTRIBUTION FROM ANY NATURAL PERSON,
POLITICAL ACTION COMMITTEE, OR LABOR ORGANIZATION WHICH, IN  THE  AGGRE-
GATE, IS GREATER THAN FIFTY THOUSAND DOLLARS PER ANNUM.
  C.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION THREE OF SECTION
14-124 OF THIS ARTICLE, NO NATURAL PERSON OR ENTITY, INCLUDING  BUT  NOT
LIMITED  TO A POLITICAL ACTION COMMITTEE, CORPORATION, LIMITED LIABILITY
COMPANY, PROFESSIONAL LIMITED LIABILITY COMPANY,  PARTNERSHIP  OR  LABOR
ORGANIZATION,  MAY MAKE AGGREGATE CONTRIBUTIONS EXCEEDING FIFTY THOUSAND
DOLLARS PER ANNUM TO PARTY COMMITTEES OR CONSTITUTED COMMITTEES FOR  THE
PURPOSE  OF  ALLOWING SUCH PARTY COMMITTEES OR CONSTITUTED COMMITTEES TO
MAINTAIN PERMANENT HEADQUARTERS AND STAFF AND CARRY ON  ORDINARY  ACTIV-
ITIES  WHICH  ARE NOT FOR THE EXPRESS PURPOSE OF PROMOTING THE CANDIDACY
OF SPECIFIC CANDIDATES. NO PARTY COMMITTEE OR CONSTITUTED COMMITTEE  MAY
ACCEPT  SUCH  CONTRIBUTIONS FROM ANY NATURAL PERSON OR ENTITY, INCLUDING
BUT NOT LIMITED TO A POLITICAL ACTION  COMMITTEE,  CORPORATION,  LIMITED
LIABILITY  COMPANY,  PROFESSIONAL LIMITED LIABILITY COMPANY, PARTNERSHIP
OR LABOR ORGANIZATION, WHERE SUCH CONTRIBUTIONS ARE  MADE  AND  ACCEPTED
FOR PURPOSES OF ALLOWING SUCH PARTY COMMITTEES OR CONSTITUTED COMMITTEES
TO  MAINTAIN  PERMANENT  HEADQUARTERS  AND  STAFF  AND CARRY ON ORDINARY
ACTIVITIES WHICH ARE NOT FOR THE EXPRESS PURPOSE OF PROMOTING THE CANDI-
DACY OF SPECIFIC CANDIDATES.
  S 21. The election law is amended by adding a new  section  14-115  to
read as follows:
  S 14-115. RESTRICTIONS ON POLITICAL CONTRIBUTIONS BY LOBBYISTS.  1. IN
ANY  ELECTION FOR STATE OFFICE, OR FOR NOMINATION TO ANY SUCH OFFICE, NO
LOBBYIST REQUIRED TO REGISTER UNDER SECTION ONE-E OF THE LEGISLATIVE LAW
AND NO MEMBER OF SUCH  LOBBYIST'S  HOUSEHOLD  MAY  MAKE  A  CONTRIBUTION
GREATER  THAN  FOUR HUNDRED DOLLARS TO ANY PERSON, INCLUDING A POLITICAL
COMMITTEE OR PARTY COMMITTEE, FOR NOMINATION OR ELECTION  TO  ANY  STATE
OFFICE.
  2.  NO  CANDIDATE  OR  POLITICAL COMMITTEE MAY ACCEPT ANY CONTRIBUTION
GREATER THAN FOUR HUNDRED DOLLARS FROM  ANY  LOBBYIST  REGISTERED  UNDER
SECTION ONE-E OF THE LEGISLATIVE LAW OR MEMBER OF SUCH LOBBYIST'S HOUSE-
HOLD.
  S  22.  Subdivisions  1  and  2 of section 14-116 of the election law,
subdivision 1 as redesignated by chapter 9  of  the  laws  of  1978  and
subdivision 2 as amended by chapter 260 of the laws of 1981, are amended
and two new subdivisions 3 and 4 are added to read as follows:
  1.  No  [corporation  or]  joint-stock  association, LIMITED LIABILITY
COMPANY, PROFESSIONAL LIMITED LIABILITY COMPANY,  OR  PARTNERSHIP  doing
business  in this state, except [a corporation or association] AN ENTITY
organized or maintained for political purposes only, shall  directly  or
indirectly pay or use or offer, consent or agree to pay or use any money
or property for or in aid of any political party, committee or organiza-
tion,  or  for,  or  in  aid of, any [corporation,] joint-stock or other

A. 5279                            19

association, LIMITED LIABILITY COMPANY, PROFESSIONAL  LIMITED  LIABILITY
COMPANY,  OR PARTNERSHIP organized or maintained for political purposes,
or for, or in aid of, any candidate for political office  or  for  nomi-
nation  for  such  office, or for any political purpose whatever, or for
the reimbursement or indemnification of any person for moneys or proper-
ty so used. Any [officer, director, stock-holder]  MEMBER,  SHAREHOLDER,
PARTNER,  attorney  or agent of any [corporation or] joint-stock associ-
ation, LIMITED LIABILITY COMPANY, PROFESSIONAL LIMITED LIABILITY  COMPA-
NY, OR PARTNERSHIP which violates any of the provisions of this section,
who  participates  in,  aids,  abets  or advises or consents to any such
violations, and any person who solicits or knowingly receives any  money
or property in violation of this section, shall be guilty of a misdemea-
nor.
  2. [Notwithstanding the provisions of subdivision one of this section,
any  corporation or an organization financially supported in whole or in
part, by such corporation  may  make  expenditures,  including  contrib-
utions,  not  otherwise prohibited by law, for political purposes, in an
amount not to exceed five thousand  dollars  in  the  aggregate  in  any
calendar  year;  provided  that  no  public  utility  shall use revenues
received from the rendition of  public  service  within  the  state  for
contributions  for political purposes unless such cost is charged to the
shareholders of such a public service corporation.] ANY CORPORATION: (A)
MAY ONLY  MAKE  EXPENDITURES,  INCLUDING  CONTRIBUTIONS,  NOT  OTHERWISE
PROHIBITED  BY  LAW,  FOR POLITICAL PURPOSES, IN AN AMOUNT NOT TO EXCEED
FIVE THOUSAND DOLLARS IN THE AGGREGATE IN ANY  CALENDAR  YEAR;  PROVIDED
THAT NO PUBLIC UTILITY SHALL USE REVENUES RECEIVED FROM THE RENDITION OF
PUBLIC SERVICE WITHIN THE STATE FOR CONTRIBUTIONS FOR POLITICAL PURPOSES
UNLESS  SUCH  COST IS CHARGED TO THE SHAREHOLDERS OF EACH PUBLIC SERVICE
CORPORATION; OR (B) MAY ONLY AUTHORIZE OR DESIGNATE A  POLITICAL  ACTION
COMMITTEE  TO  SUPPORT CANDIDATES OR OTHER POLITICAL COMMITTEES, SUBJECT
TO THE AGGREGATE  CONTRIBUTION  LIMIT  APPLICABLE  TO  POLITICAL  ACTION
COMMITTEES PURSUANT TO SUBDIVISION EIGHT OF SECTION 14-114 OF THIS ARTI-
CLE.
  3.  FOR  THE  PURPOSES  OF SUBDIVISION TWO OF THIS SECTION, ALL OF THE
COMPONENT MEMBERS OF A CONTROLLED GROUP OF CORPORATIONS WITHIN THE MEAN-
ING OF SECTION ONE THOUSAND FIVE HUNDRED  SIXTY-THREE  OF  THE  INTERNAL
REVENUE CODE OF THE UNITED STATES SHALL BE DEEMED TO BE ONE CORPORATION.
  4.  ANY  LABOR  ORGANIZATION:  (A)  MAY  MAKE  EXPENDITURES, INCLUDING
CONTRIBUTIONS, NOT OTHERWISE PROHIBITED BY LAW, FOR POLITICAL  PURPOSES,
SUBJECT  TO  THE AGGREGATE CONTRIBUTION LIMIT APPLICABLE TO LABOR ORGAN-
IZATIONS PURSUANT TO SUBDIVISION EIGHT OF SECTION 14-114 OF  THIS  ARTI-
CLE,  OR  (B) MAY AUTHORIZE OR DESIGNATE A POLITICAL ACTION COMMITTEE TO
SUPPORT CANDIDATES OR OTHER POLITICAL COMMITTEES, SUBJECT TO THE  AGGRE-
GATE CONTRIBUTION LIMIT APPLICABLE TO POLITICAL ACTION COMMITTEES PURSU-
ANT TO SUBDIVISION EIGHT OF SECTION 14-114 OF THIS ARTICLE.
  S 23. Subdivision 2 of section 14-120 of the election law is REPEALED.
  S  24. Subdivision 3 of section 14-124 of the election law, as amended
by chapter 71 of the laws of 1988, is amended to read as follows:
  3. The contribution and receipt limits of this article, EXCEPT FOR THE
CONTRIBUTION AND RECEIPT LIMITATIONS SET FORTH IN SUBDIVISION  EIGHT  OR
PARAGRAPH  C OF SUBDIVISION TEN OF SECTION 14-114 OF THIS ARTICLE, shall
not apply to monies received and expenditures made by a party  committee
or  constituted committee to maintain a permanent headquarters and staff
and carry on ordinary activities which are not for the  express  purpose
of promoting the candidacy of specific candidates.

A. 5279                            20

  S  25.  Section 14-126 of the election law, as amended by chapter 8 of
the laws of 1978, subdivision 1 as amended by chapter 128 of the laws of
1994 and subdivisions 2, 3 and 4 as redesignated by  chapter  9  of  the
laws of 1978, is amended to read as follows:
  S  14-126.  Violations;  penalties.  1. Any person who fails to file a
statement required to be filed by this article shall  be  subject  to  a
civil  penalty, not in excess of [five hundred] ONE THOUSAND dollars, to
be recoverable in a special proceeding or civil action to be brought  by
the  state  board of elections [or other board of elections] PURSUANT TO
SECTION 16-114 OF THIS CHAPTER.
  2.  ANY PERSON WHO, ACTING AS OR ON BEHALF OF A CANDIDATE OR POLITICAL
COMMITTEE, UNDER CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE  SUCH  LAW,
UNLAWFULLY  ACCEPTS  A MONETARY CONTRIBUTION IN EXCESS OF A CONTRIBUTION
LIMITATION ESTABLISHED IN THIS ARTICLE, SHALL BE REQUIRED TO REFUND SUCH
EXCESS AMOUNT AND SHALL BE SUBJECT TO A CIVIL PENALTY EQUAL TO TWO TIMES
THE EXCESS AMOUNT PLUS A FINE OF UP  TO  TEN  THOUSAND  DOLLARS,  TO  BE
RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT BY THE
STATE BOARD OF ELECTIONS PURSUANT TO SECTION 16-120 OF THIS CHAPTER.
  3.  ANY PERSON WHO, ACTING AS OR ON BEHALF OF A CANDIDATE OR POLITICAL
COMMITTEE, UNDER CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE  SUCH  LAW,
UNLAWFULLY (A) EXPENDS CAMPAIGN FUNDS FOR A PERSONAL USE IN VIOLATION OF
THIS  ARTICLE,  OR  (B)  IN  THE CASE OF A POLITICAL COMMITTEE, CONDUCTS
ACTIVITIES PROHIBITED BY THIS ARTICLE,  SHALL  BE  SUBJECT  TO  A  CIVIL
PENALTY,  NOT  IN EXCESS OF TEN THOUSAND DOLLARS, TO BE RECOVERABLE IN A
SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT BY THE STATE  BOARD  OF
ELECTIONS PURSUANT TO SECTION 16-120 OF THIS CHAPTER.
  4.  Any  person  who knowingly and willfully fails to file a statement
required to be filed by this article within  ten  days  after  the  date
provided for filing such statement or any person who knowingly and will-
fully  violates any other provision of this article shall be guilty of a
misdemeanor.
  [3.] 5. Any person who knowingly and willfully contributes, accepts or
aids or participates in the acceptance of a contribution  in  an  amount
exceeding an applicable maximum specified in this article shall be guil-
ty of a misdemeanor.
  [4.] 6. Any person who shall, acting on behalf of a candidate or poli-
tical committee, knowingly and willfully solicit, organize or coordinate
the formation of activities of one or more unauthorized committees, make
expenditures  in connection with the nomination for election or election
of any candidate, or solicit any person to make any  such  expenditures,
for the purpose of evading the contribution limitations of this article,
shall be guilty of a class E felony.
  S  26.  Section 14-130 of the election law, as added by chapter 152 of
the laws of 1985, is amended to read as follows:
  S  14-130.  Campaign  funds  for  personal  use.  [Contributions]   1.
CAMPAIGN FUNDS received by a candidate or a political committee may ONLY
be  expended  for [any] lawful [purpose] PURPOSES.  Such funds shall not
be converted by any person to a personal use which  is  unrelated  to  a
political campaign or the holding of a public office or party position.
  2.  AS USED IN THIS SECTION, "CAMPAIGN FUNDS" MEANS ANY FUNDS RECEIVED
BY A CANDIDATE OR A POLITICAL COMMITTEE, INCLUDING BUT  NOT  LIMITED  TO
CONTRIBUTIONS AND TRANSFERS FROM ANY SOURCE AND INTEREST RECEIVED AS THE
RESULT OF THE LOAN OR INVESTMENT OF CAMPAIGN FUNDS.
  3.  NO CAMPAIGN FUNDS SHALL BE USED TO PAY INTEREST ABOVE THE PREVAIL-
ING MARKET RATE OR ANY OTHER FINANCE CHARGES UPON MONIES LOANED  TO  THE
CAMPAIGN BY SUCH CANDIDATE OR THE SPOUSE OF SUCH CANDIDATE.

A. 5279                            21

  4. NO CAMPAIGN FUNDS SHALL BE USED TO PAY ATTORNEY'S FEES OR ANY COSTS
OF  DEFENDING AGAINST CIVIL OR CRIMINAL INVESTIGATION OR PROSECUTION FOR
ALLEGED VIOLATIONS OF FEDERAL, STATE OR LOCAL LAW COMMITTED WHILE  HOLD-
ING  PUBLIC  OFFICE  OR  PARTY  POSITION,  OR BEING A CANDIDATE FOR SUCH
OFFICE  OR  POSITION,  UNLESS THE ALLEGED VIOLATION ARISES IN CONNECTION
WITH THE NOMINATION OR ELECTION OF SUCH CANDIDATE TO  PUBLIC  OFFICE  OR
PARTY POSITION, OR THE HOLDING OF A PUBLIC OFFICE OR PARTY POSITION.
  5.  PROHIBITED  PERSONAL  USES  OF CAMPAIGN FUNDS INCLUDE, BUT ARE NOT
LIMITED TO THE FOLLOWING EXPENDITURES:
  (A) ANY RESIDENTIAL OR  HOUSEHOLD  ITEMS,  SUPPLIES  OR  EXPENDITURES,
INCLUDING  MORTGAGE,  RENT  OR  UTILITY  PAYMENTS  FOR  ANY  PART OF ANY
PERSONAL RESIDENCE OF A CANDIDATE OR OFFICEHOLDER OR  A  MEMBER  OF  THE
CANDIDATE'S OR OFFICEHOLDER'S FAMILY;
  (B)  MORTGAGE,  RENT OR UTILITY PAYMENTS FOR ANY PART OF ANY NON-RESI-
DENTIAL PROPERTY THAT IS OWNED BY  A  CANDIDATE  OR  OFFICEHOLDER  OR  A
MEMBER  OF  A CANDIDATE'S OR OFFICEHOLDER'S FAMILY AND USED FOR CAMPAIGN
PURPOSES, TO THE EXTENT THE PAYMENTS EXCEED THE FAIR MARKET VALUE OF THE
PROPERTY USAGE;
  (C) CLOTHING, OTHER THAN NOVELTY CAMPAIGN RELATED ITEMS;
  (D) TUITION PAYMENTS;
  (E) CHILDCARE COSTS;
  (F) DUES, FEES, OR GRATUITIES AT A COUNTRY CLUB, HEALTH  CLUB,  RECRE-
ATIONAL  FACILITY  OR  OTHER  NONPOLITICAL ORGANIZATION, UNLESS THEY ARE
PART OF A SPECIFIC FUNDRAISING EVENT THAT TAKES PLACE ON  THE  ORGANIZA-
TION'S PREMISES;
  (G)  CONSULTATION  FEES  TO A MEMBER OF A CANDIDATE'S FAMILY OR SALARY
PAYMENTS TO A MEMBER OF A CANDIDATE'S FAMILY, WHERE SUCH SALARY PAYMENTS
EXCEED THE FAIR MARKET VALUE OF THE SERVICES RENDERED;
  (H) ADMISSION TO A SPORTING EVENT, CONCERT, THEATER, OR OTHER FORM  OF
ENTERTAINMENT, UNLESS PART OF A SPECIFIC CAMPAIGN OR OFFICEHOLDER ACTIV-
ITY;
  (I)  PAYMENTS FOR EXPENSES RELATING TO THE HOLDING OF PUBLIC OFFICE OR
PARTY POSITION TO THE EXTENT SUCH EXPENSES ARE REIMBURSED BY  THE  STATE
OR ANY POLITICAL SUBDIVISION OR ANY PRIVATE PARTY;
  (J)  PAYMENT OF ANY FINES, FEES, OR PENALTIES, EXCEPTING THAT CAMPAIGN
FUNDS MAY BE APPLIED TO  PAY  ANY  FINES,  FEES  OR  PENALTIES  ASSESSED
AGAINST  A  COMMITTEE  OR  ITS TREASURER PURSUANT TO THIS CHAPTER BY THE
STATE BOARD OF ELECTIONS WHERE THERE IS NO FINDING THAT  THE  UNDERLYING
VIOLATION WAS KNOWING AND WILLFUL;
  (K)  VEHICLE  PURCHASES  OR  LEASES  WHICH  ARE  SOLELY  FOR  PERSONAL
PURPOSES;
  (L) TRAVEL EXPENSES RELATING SOLELY TO PERSONAL ACTIVITIES; OR
  (M) MEDICAL TREATMENT, THERAPY OR OTHER EXPENDITURES PERSONALLY  BENE-
FICIAL TO THE PHYSICAL HEALTH OR WELFARE OF A CANDIDATE OR OFFICER HOLD-
ER.
  6.  IN  THE  EVENT  THAT AN ITEM OF EXPENSE IS INCURRED FOR BOTH:  (A)
PURPOSES RELATING TO A POLITICAL CAMPAIGN, THE HOLDING OF PUBLIC  OFFICE
OR  PARTY POSITION; AND (B) PERSONAL ACTIVITIES, THE AGGREGATE AMOUNT OF
EXPENSE RELATED TO A POLITICAL CAMPAIGN AND THE HOLDING OF PUBLIC OFFICE
OR PARTY POSITION SHALL BE REPORTED TO THE STATE BOARD OF  ELECTIONS  IN
THE  STATEMENTS  OF  CAMPAIGN  RECEIPTS,  CONTRIBUTIONS,  TRANSFERS  AND
EXPENDITURES REQUIRED BY THIS ARTICLE.
  7. (A) NOTWITHSTANDING THIS SECTION, AN INDIVIDUAL WHO DOES NOT HOLD A
PUBLIC OFFICE OR A PARTY POSITION AND IS NOT A  DECLARED  CANDIDATE  FOR
PUBLIC  OFFICE  OR  PARTY  POSITION  MAY  NOT  EXPEND CAMPAIGN FUNDS FOR
PERSONAL USE INCLUDING, BUT NOT LIMITED TO,  MEALS,  ENTERTAINMENT,  AND

A. 5279                            22

SALARIES  FOR  IMMEDIATE  FAMILY  MEMBERS; PROVIDED, HOWEVER, NOTHING IN
THIS SUBDIVISION PROHIBITS THE USE OF CAMPAIGN FUNDS TO SUPPORT  ONE  OR
MORE DECLARED CANDIDATES AS AUTHORIZED BY THIS ARTICLE.
  (B)  FOR  PURPOSES  OF  THIS  SECTION, A "DECLARED CANDIDATE" MEANS AN
INDIVIDUAL WHO HAS FILED WITH THE  STATE  BOARD  OF  ELECTIONS  BOTH  AN
"AUTHORIZATION  OR  NON-AUTHORIZATION  BY  A CANDIDATE" FORM PURSUANT TO
SECTION 14-102 OF THIS ARTICLE AND A "COMMITTEE DESIGNATION OF TREASURER
AND DEPOSITORY" FORM PURSUANT TO SECTION 14-118 OF THIS ARTICLE, BOTH OF
WHICH INDICATE THE SPECIFIC OFFICE AND DISTRICT SOUGHT AND THE  YEAR  OF
THE ELECTION.
  S  27.  The  election law is amended by adding a new section 14-132 to
read as follows:
  S 14-132. BUSINESS DEALINGS WITH THE STATE.   1.  NOTWITHSTANDING  ANY
INCONSISTENT  PROVISION OF THIS SECTION, A CANDIDATE OR HIS OR HER PRIN-
CIPAL COMMITTEE MAY NOT ACCEPT, EITHER  DIRECTLY  OR  BY  TRANSFER,  ANY
CONTRIBUTION  OR  CONTRIBUTIONS  FOR AN ELECTION IN WHICH HE OR SHE IS A
CANDIDATE FROM A NATURAL PERSON  WHO  HAS  BUSINESS  DEALINGS  WITH  THE
STATE,  AS THAT TERM IS DEFINED IN SUBDIVISION FIFTEEN OF SECTION 14-100
OF THIS ARTICLE,  IF THE AGGREGATE OF SUCH CONTRIBUTIONS TO SUCH  CANDI-
DATE  FROM  SUCH  PERSON  FOR  ALL  ELECTIONS  IN THE SAME CALENDAR YEAR
EXCEEDS: (A) FOR THE  OFFICE OF GOVERNOR, LIEUTENANT GOVERNOR,  ATTORNEY
GENERAL OR COMPTROLLER FOUR HUNDRED DOLLARS; (B) FOR SENATE FOUR HUNDRED
DOLLARS;  AND  (C) FOR MEMBER OF ASSEMBLY FOUR HUNDRED DOLLARS; PROVIDED
THAT A CANDIDATE OR HIS OR HER PRINCIPAL COMMITTEE MAY ACCEPT ADDITIONAL
CONTRIBUTIONS WHICH DO NOT EXCEED ONE-HALF THE AMOUNT OF THE  APPLICABLE
LIMITATION  FOR  AN  ADDITIONAL  DAY FOR VOTING HELD PURSUANT TO SECTION
3-108 OF THIS CHAPTER, SPECIAL ELECTION TO FILL A  VACANCY,  DELAYED  OR
OTHERWISE  POSTPONED  ELECTION, OR ELECTION HELD PURSUANT TO COURT ORDER
WHICH IS AN ELECTION AND IN WHICH THE  CANDIDATE  SEEKS  NOMINATION  FOR
ELECTION.  FOR  PURPOSES OF THIS SUBDIVISION, "PERSON" SHALL INCLUDE ANY
CHIEF EXECUTIVE OFFICER, CHIEF FINANCIAL OFFICER AND/OR CHIEF  OPERATING
OFFICER  OF  AN  ENTITY  WHICH HAS BUSINESS DEALINGS WITH THE STATE, ANY
PERSON EMPLOYED IN A SENIOR MANAGERIAL CAPACITY REGARDING SUCH AN  ENTI-
TY,  OR  ANY PERSON WITH AN INTEREST IN SUCH AN ENTITY WHICH EXCEEDS TEN
PERCENT OF THE ENTITY. FOR PURPOSES OF THIS SUBDIVISION, "SENIOR MANAGE-
RIAL CAPACITY" SHALL HAVE THE SAME MEANING AS SET FORTH  IN  SUBDIVISION
SEVENTEEN  OF  SECTION  14-100  OF  THIS  ARTICLE.  NOTWITHSTANDING  ANY
PROVISION  OF  THIS  SUBDIVISION,  THE  LIMITATIONS   ON   CONTRIBUTIONS
CONTAINED  HEREIN  SHALL NOT APPLY TO ANY CONTRIBUTION MADE BY A NATURAL
PERSON WHO HAS BUSINESS DEALINGS WITH THE STATE TO A CANDIDATE OR HIS OR
HER PRINCIPAL COMMITTEE WHERE SUCH  CANDIDATE  IS  THE  CONTRIBUTOR,  OR
WHERE SUCH CANDIDATE IS THE CONTRIBUTOR'S PARENT, SPOUSE, DOMESTIC PART-
NER, SIBLING, CHILD, GRANDCHILD, AUNT, UNCLE, COUSIN, NIECE OR NEPHEW BY
BLOOD OR MARRIAGE.
  2.  EACH CANDIDATE AND HIS OR HER PRINCIPAL COMMITTEE SHALL INQUIRE OF
EVERY INDIVIDUAL OR ENTITY MAKING A  CONTRIBUTION,  LOAN,  GUARANTEE  OR
OTHER  SECURITY  FOR  SUCH  LOAN  IN  EXCESS OF THE AMOUNTS SET FORTH IN
SUBDIVISION  ONE  OF  THIS  SECTION,  THROUGH  A  QUESTION,  IN  A  FORM
PRESCRIBED  BY  THE  BOARD  OF ELECTIONS, AS TO WHETHER SUCH INDIVIDUAL,
CORPORATION, PARTNERSHIP, POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION  OR
OTHER  ENTITY  HAS  BUSINESS  DEALINGS  WITH  THE STATE, AS THAT TERM IS
DEFINED IN SUBDIVISION FIFTEEN OF SECTION 14-100 OF THIS  ARTICLE,  AND,
IF  SO,  THE NAME OF THE AGENCY OR ENTITY WITH WHICH SUCH BUSINESS DEAL-
INGS ARE OR WERE CARRIED ON AND THE APPROPRIATE TYPE OR CATEGORY OF SUCH
BUSINESS DEALINGS. SUCH FORM SHALL CONTAIN IN PROMINENT TYPEFACE AND  IN
A  PROMINENT LOCATION THE STATEMENT "IF A CONTRIBUTOR HAS BUSINESS DEAL-

A. 5279                            23

INGS WITH THE STATE AS DEFINED IN THE CAMPAIGN  FINANCE  REFORM  ACT  OF
2009,  SUCH CONTRIBUTOR MAY CONTRIBUTE ONLY UP TO FOUR HUNDRED DOLLARS."
UPON RECEIPT OF THE RESPONSE TO SUCH INQUIRY (INCLUDING ANY  FAILURE  TO
RESPOND),  THE  PRINCIPAL COMMITTEE SHALL KEEP A COPY IN ITS RECORDS AND
SHALL REPORT EACH CONTRIBUTION TO  THE  BOARD  ON  THE  NEXT  APPLICABLE
FILING  DEADLINE IN ACCORDANCE WITH THE BOARD'S DISCLOSURE SCHEDULE. THE
BOARD SHALL CHECK EACH CONTRIBUTION AGAINST THE DOING BUSINESS  DATABASE
AND  SHALL  NOTIFY  THE  PRINCIPAL  COMMITTEE  WITHIN TWENTY DAYS OF THE
REPORTING OF SUCH CONTRIBUTION IF A  CONTRIBUTION  EXCEEDING  THE  DOING
BUSINESS  CONTRIBUTION  LIMITATION  SET FORTH IN SUBDIVISION ONE OF THIS
SECTION IS SUBJECT TO SUCH LIMITATIONS OF THIS CHAPTER.  NOTWITHSTANDING
ANY PROVISION IN THIS  SUBDIVISION,  IN  THE  SIX  WEEKS  PRECEDING  THE
COVERED  ELECTION THE BOARD SHALL PROVIDE SUCH NOTIFICATION TO THE PRIN-
CIPAL OR AUTHORIZED COMMITTEE WITHIN THREE BUSINESS DAYS OF THE  REPORT-
ING  OF  SUCH  CONTRIBUTION  TO  THE BOARD IN ACCORDANCE WITH APPLICABLE
REPORTING DEADLINES. IF THE BOARD FAILS TO NOTIFY THE PRINCIPAL  COMMIT-
TEE  THAT  A  CONTRIBUTION  IS IN EXCESS OF THE LIMITATIONS SET FORTH IN
SUBDIVISION ONE OF THIS SECTION IN ACCORDANCE WITH THIS SUBDIVISION, ANY
SUCH CONTRIBUTION SHALL BE DEEMED VALID FOR PURPOSES OF SUCH  LIMITATION
PROVIDED.  SUCH PRINCIPAL COMMITTEE SHALL HAVE TWENTY DAYS FROM THE DATE
OF ANY SUCH NOTIFICATION TO RETURN THE AMOUNT  OF  ANY  CONTRIBUTION  IN
EXCESS  OF  THE LIMITATIONS SET FORTH IN SUBDIVISION ONE OF THIS SECTION
TO THE CONTRIBUTOR. NO VIOLATION SHALL ISSUE AND  NO  PENALTY  SHALL  BE
IMPOSED WHERE SUCH EXCESS AMOUNT IS POSTMARKED OR DELIVERED WITHIN TWEN-
TY DAYS OF SUCH NOTIFICATION BY THE BOARD AND THE BOARD SHALL NOT DESIG-
NATE  A  CANDIDATE  AS  HAVING ACCEPTED A CONTRIBUTION IN EXCESS OF SUCH
LIMITATIONS WHERE SUCH EXCESS HAS BEEN RETURNED IN ACCORDANCE  WITH  THE
TIME  LIMITATIONS SET FORTH HEREIN. FAILURE TO RETURN SUCH EXCESS AMOUNT
IN ACCORDANCE WITH THE PROVISIONS HEREIN SHALL NOT RESULT IN  THE  BOARD
WITHHOLDING  PUBLIC FUNDS FOR WHICH THE PARTICIPATING CANDIDATE'S  PRIN-
CIPAL COMMITTEE IS OTHERWISE ELIGIBLE; PROVIDED, HOWEVER, THAT THE BOARD
MAY DEDUCT AN AMOUNT EQUAL TO  THE  TOTAL  UNRETURNED  CONTRIBUTIONS  IN
EXCESS  OF  THE LIMITATIONS SET FORTH IN SUBDIVISION ONE OF THIS SECTION
FROM SUCH PAYMENT OF PUBLIC FUNDS. FOR PURPOSES OF THIS SECTION,  "INDI-
VIDUAL" SHALL INCLUDE ANY CHIEF EXECUTIVE OFFICER, CHIEF FINANCIAL OFFI-
CER,  AND/OR  CHIEF OPERATING OFFICER OF AN ENTITY OR PERSONS SERVING IN
AN EQUIVALENT CAPACITY, ANY  PERSON  IN  A  SENIOR  MANAGERIAL  CAPACITY
REGARDING  AN ENTITY, OR ANY PERSON WITH AN INTEREST IN AN ENTITY, WHICH
EXCEEDS TEN PERCENT OF THE ENTITY. FOR PURPOSES OF THIS SUBDIVISION, THE
PHRASE "SENIOR MANAGERIAL CAPACITY" SHALL MEAN A HIGH LEVEL  SUPERVISORY
CAPACITY,  EITHER  BY  VIRTUE  OF  TITLE OR DUTIES, IN WHICH SUBSTANTIAL
DISCRETION AND OVERSIGHT IS EXERCISED OVER THE SOLICITATION, LETTING  OR
ADMINISTRATION  OF  BUSINESS  TRANSACTIONS  WITH  THE  STATE,  INCLUDING
CONTRACTS, FRANCHISES, CONCESSIONS, GRANTS, ECONOMIC DEVELOPMENT  AGREE-
MENTS,  AND  APPLICATIONS  FOR  LAND  USE APPROVALS. NOTWITHSTANDING ANY
OTHER PROVISION OF THIS SECTION, NO  PARTICIPATING  CANDIDATE  SHALL  BE
LIABLE  FOR  ANY  FINE  OR PENALTY FOR THE FAILURE OF ANY CONTRIBUTOR TO
RESPOND TO ANY SUCH REQUEST OR FOR ANY ERRONEOUS RESPONSE.
  S 28. Section 16-100 of  the  election  law  is  amended  to  read  as
follows:
  S  16-100.  Jurisdiction;  supreme court, county court. 1. The supreme
court is vested with jurisdiction to summarily determine any question of
law or fact arising as to any subject set forth in this  article,  which
shall be construed liberally.
  2. The county court is vested with jurisdiction to summarily determine
any  question  of  law  or fact except proceedings as to a nomination or

A. 5279                            24

election at a primary election or a nomination at a judicial convention,
proceedings as to the casting and canvass of ballots [and],  proceedings
for  examination  or  preservation of ballots AND PROCEEDINGS TO ENFORCE
THE  PROVISIONS  OF  ARTICLE  FOURTEEN  OF  THIS  CHAPTER AS PROVIDED IN
SECTION 16-120 OF THIS ARTICLE.
  S 29. Subdivision 4 of section 16-114 of the election law, as redesig-
nated by chapter 9 of the laws of 1978, is amended to read as follows:
  4. In  every  proceeding  instituted  under  this  section,  except  a
proceeding  to compel the filing of a statement by a candidate for nomi-
nation to a public office at a primary election or for election thereto,
or by the treasurer of a political committee, who has failed to file any
statement, the petitioner or petitioners, upon the  institution  of  the
proceeding  shall  file with the county clerk an undertaking in a sum to
be determined and with sureties to be  approved  by  a  justice  of  the
supreme court conditioned to pay any costs imposed against him OR HER or
them; provided, however, that no such undertaking shall be required in a
proceeding instituted by the state or other board of elections.
  S  30.  The  election law is amended by adding a new section 16-120 to
read as follows:
  S 16-120.  ENFORCEMENT PROCEEDINGS. 1. THE SUPREME COURT OR A  JUSTICE
THEREOF, IN A PROCEEDING INSTITUTED BY THE STATE BOARD OF ELECTIONS, MAY
IMPOSE A CIVIL PENALTY, AS PROVIDED FOR IN SUBDIVISIONS TWO AND THREE OF
SECTION  14-126  OF  THIS  CHAPTER, UPON ANY PERSON WHO, ACTING AS OR ON
BEHALF OF A CANDIDATE OR POLITICAL COMMITTEE UNDER CIRCUMSTANCES  EVINC-
ING  AN  INTENT TO VIOLATE SUCH LAW, HAS UNLAWFULLY (A) ACCEPTED A MONE-
TARY CONTRIBUTION IN EXCESS OF A CONTRIBUTION LIMITATION ESTABLISHED  IN
ARTICLE  FOURTEEN  OF  THIS  CHAPTER,  (B) EXPENDED CAMPAIGN FUNDS FOR A
PERSONAL USE IN VIOLATION OF THIS ARTICLE OR (C) IN THE CASE OF A  POLI-
TICAL  COMMITTEE, CONDUCTED ACTIVITIES PROHIBITED BY ARTICLE FOURTEEN OF
THIS CHAPTER.
  2. UPON PROOF THAT A VIOLATION OF ARTICLE  FOURTEEN,  AS  PROVIDED  IN
SUBDIVISION  ONE  OF  THIS SECTION, HAS OCCURRED, THE COURT MAY IMPOSE A
CIVIL PENALTY, PURSUANT TO SUBDIVISIONS TWO AND THREE OF SECTION  14-126
OF THIS CHAPTER, AFTER CONSIDERING, AMONG OTHER FACTORS, THE SEVERITY OF
THE VIOLATION OR VIOLATIONS, WHETHER THE SUBJECT OF THE VIOLATION MADE A
GOOD  FAITH  EFFORT  TO CORRECT THE VIOLATION AND WHETHER THE SUBJECT OF
THE VIOLATION HAS A HISTORY OF SIMILAR  VIOLATIONS.  ALL  SUCH  DETERMI-
NATIONS  SHALL  BE  MADE ON A FAIR AND EQUITABLE BASIS WITHOUT REGARD TO
THE STATUS OF THE CANDIDATE OR POLITICAL COMMITTEE.
  S 31. Section 1-c of the legislative law is amended by adding two  new
subdivisions (w) and (x) to read as follows:
  (W) THE TERM "CONTRIBUTION COLLECTION OR DELIVERY ACTIVITIES BY LOBBY-
ISTS" SHALL MEAN DELIVERY OR COLLECTION OF CONTRIBUTIONS FOR A CANDIDATE
FOR  NOMINATION  FOR  ELECTION,  OR ELECTION, TO THE OFFICE OF GOVERNOR,
LIEUTENANT GOVERNOR, COMPTROLLER, ATTORNEY  GENERAL  OR  MEMBER  OF  THE
STATE  LEGISLATURE, OR FOR THE POLITICAL COMMITTEE OF ANY SUCH CANDIDATE
BY A LOBBYIST.
  (X) FOR PURPOSES OF THIS ARTICLE, THE TERMS "CONTRIBUTION" AND  "POLI-
TICAL  COMMITTEE" SHALL HAVE THE MEANINGS AS SET FORTH IN SECTION 14-100
OF THE ELECTION LAW.
  S 32.   Subdivision (b) of section  1-h  of  the  legislative  law  is
amended by adding a new paragraph 6 to read as follows:
  (6)  CONTRIBUTION  COLLECTION  OR DELIVERY ACTIVITIES BY LOBBYISTS FOR
ANY CANDIDATE FOR NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE OF
GOVERNOR, LIEUTENANT GOVERNOR, COMPTROLLER, ATTORNEY GENERAL  OR  MEMBER
OF THE STATE LEGISLATURE INCLUDING:

A. 5279                            25

  (I)  THE INDIVIDUALS EMPLOYED BY THE LOBBYIST ENGAGED IN SUCH CONTRIB-
UTION COLLECTION OR DELIVERY ACTIVITIES;
  (II)  THE  NAME,  ADDRESS  AND  TELEPHONE  NUMBER OF THE CANDIDATE, OR
ELECTED OFFICIAL TO WHOM OR ON WHOSE  BEHALF  THE  LOBBYIST  ENGAGED  IN
CONTRIBUTION COLLECTION OR DELIVERY ACTIVITIES; AND
  (III)  THE  TOTAL DOLLAR AMOUNT COLLECTED OR DELIVERED FOR EACH CANDI-
DATE FOR WHICH SUCH ACTIVITIES WERE PERFORMED.
  S 33. The legislative law is amended by adding a new  article  1-B  to
read as follows:
                               ARTICLE 1-B
                   PARTICIPATION IN FUNDRAISERS DURING
                          A LEGISLATIVE SESSION
SECTION 1-AA. DEFINITIONS.
        1-BB. PARTICIPATION IN FUNDRAISERS DURING A LEGISLATIVE SESSION.
  S  1-AA.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "FUNDRAISER" SHALL MEAN  AN  EVENT  OR  FUNCTION  AT  WHICH  OR  IN
CONNECTION  WITH FUNDS ARE SOLICITED FOR OR ON BEHALF OF (A) A GOVERNOR,
LIEUTENANT GOVERNOR, COMPTROLLER, ATTORNEY GENERAL, MEMBER OR MEMBERS OF
THE STATE LEGISLATURE, OR A CANDIDATE FOR ANY OF THE FOREGOING  OFFICES;
(B) A POLITICAL COMMITTEE ORGANIZED TO SUPPORT OR OPPOSE THE ELECTION OF
ANY  SUCH  PERSON OR PERSONS; (C) A STATE COMMITTEE OR A SUBCOMMITTEE OF
SUCH STATE COMMITTEE, PROVIDED THAT THE TERM "FUNDRAISER"  WHEN  APPLIED
TO AN EVENT OR FUNCTION HELD BY A STATE COMMITTEE OR SUBCOMMITTEE THERE-
OF  SHALL  NOT  INCLUDE  AN  EVENT OR FUNCTION AT WHICH FUNDS ARE RAISED
EXCLUSIVELY TO SUPPORT OR OPPOSE A CANDIDATE OR CANDIDATES  FOR  FEDERAL
ELECTIVE OFFICE, OR A POLITICAL COMMITTEE AUTHORIZED BY SUCH A CANDIDATE
OR  CANDIDATES,  WHERE SUCH FUNDS ARE NOT USED FOR ANY OTHER PURPOSE; OR
(D) ANY LOBBYIST OR CLIENT POLITICAL COMMITTEE, WHERE SUCH AN  EVENT  OR
FUNCTION  IS  HELD  FOR  THE EXPLICIT PURPOSE OF RAISING FUNDS FOR OR ON
BEHALF OF ANY OF THE FOREGOING ENTITIES.
  2. "LOBBYIST OR CLIENT POLITICAL COMMITTEE"  SHALL  MEAN  A  POLITICAL
COMMITTEE  ORGANIZED  TO  SUPPORT THE ACTIVITIES OF A LOBBYIST OR CLIENT
PROVIDED, HOWEVER, THAT THE TERM "LOBBYIST OR CLIENT  POLITICAL  COMMIT-
TEE"  AS  USED IN THIS ARTICLE, SHALL NOT INCLUDE A FUNDRAISING EVENT OR
FUNCTION HOSTED BY SUCH A COMMITTEE TO RAISE FUNDS FOR  THE  COMMITTEE'S
GENERAL  USE  WHERE SUCH AN EVENT OR FUNCTION IS NOT TARGETED TO BENEFIT
ANY OF THE SPECIFIC PERSONS OR ENTITIES DESCRIBED IN SUBDIVISION ONE  OF
THIS SECTION.
  3.  THE  TERM "LEGISLATIVE SESSION" SHALL MEAN THE PERIOD BEGINNING ON
THE WEDNESDAY SUCCEEDING THE FIRST MONDAY OF JANUARY AND ENDING  ON  THE
LATER OF (A) THE THIRTIETH DAY OF JUNE OR (B) TWO WEEKS AFTER THE DAY ON
WHICH THE LEGISLATURE HAS TAKEN FINAL ACTION ON ALL OF THE APPROPRIATION
BILLS  SUBMITTED  BY THE GOVERNOR PURSUANT TO ARTICLE SEVEN OF THE STATE
CONSTITUTION, THEREBY ENACTING A STATE BUDGET THAT  PROVIDED  SUFFICIENT
APPROPRIATION  AUTHORITY  FOR THE ONGOING OPERATION AND SUPPORT OF STATE
GOVERNMENT AND LOCAL ASSISTANCE FOR THE ENSUING FISCAL YEAR.
  S 1-BB. PARTICIPATION IN FUNDRAISERS DURING A LEGISLATIVE SESSION.  1.
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, NO PERSON OR ENTITY  SHALL
HOLD,  PARTICIPATE  IN,  CONTRIBUTE TO, PURCHASE A TICKET FOR, OR ATTEND
ANY FUNDRAISER WITHIN FORTY MILES OF THE NEW YORK STATE  CAPITOL  DURING
THE LEGISLATIVE SESSION.
  2.  THIS SECTION SHALL NOT APPLY TO FUNDRAISERS WITHIN THE DISTRICT OF
MEMBERS OF THE LEGISLATURE OR CANDIDATES THEREFOR  WHOSE  DISTRICTS  ARE
LOCATED  IN  WHOLE  OR  IN PART WITHIN FORTY MILES OF THE NEW YORK STATE
CAPITOL, PROVIDED, HOWEVER THAT SUCH FUNDRAISERS SHALL BE SOLELY FOR THE

A. 5279                            26

BENEFIT OF THE LEGISLATOR OR THE CANDIDATE OR THE  AUTHORIZED  POLITICAL
COMMITTEE OF SUCH LEGISLATOR OR CANDIDATE AND NO OTHER ELECTED OFFICIAL,
POLITICAL  COMMITTEE  OR  CANDIDATE  FOR  ELECTED  OFFICE;  AND  FURTHER
PROVIDED  THAT  SUCH  FUNDRAISERS  SHALL  NOT  BE HELD ON ANY DAY WHEN A
QUORUM OF EITHER HOUSE OF THE LEGISLATURE IS IN ATTENDANCE OF A  SESSION
OF THEIR RESPECTIVE HOUSE.
  S  34. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph,  subdivision,  section  or
part thereof directly involved in the controversy in which such judgment
shall  have been rendered. It is hereby declared to be the intent of the
legislature that this act would have been enacted even if  such  invalid
provisions had not been included herein.
  S  35.  This act shall take effect January 1, 2013; provided, however,
that contributions legally received prior to the effective date of  this
act  may be retained for lawful purposes and shall not provide the basis
for a violation of article 14 of the election law; and provided,  howev-
er,  that  the  state  board  of  elections  shall notify all registered
campaign  committees  and  political  committees   of   the   applicable
provisions  of  this  act  within  thirty days after this act shall have
become a law.