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

                                  4897

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 30, 2013
                               ___________

Introduced  by  Sens. KLEIN, CARLUCCI, SAVINO, VALESKY -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Elections

AN  ACT  to  amend the election law, in relation to overhauling campaign
  financing and providing a voluntary financing  program  for  campaigns
  for  state officers; to amend the general business law, in relation to
  authorizing the imposition of an additional  surcharge  on  recoveries
  for  fraudulent  practices relating to stocks, bonds and other securi-
  ties; to amend the state finance law, in relation to establishing  the
  New York state campaign finance fund and providing for transfers ther-
  eto  from  the  abandoned  property  fund;  to  amend  the tax law, in
  relation to providing for a  New  York  state  campaign  finance  fund
  check-off; and to repeal certain provisions of the election law relat-
  ing thereto

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "integrity in elections act of 2013".
  S  2.  Legislative intent.  The legislature declares that it is in the
public interest to  create  and  ensure  a  truly  democratic  political
system,  one  of the highest integrity, in which citizens, regardless of
their income, status or financial wealth, are enabled and encouraged  to
compete  for  public office. The legislature further declares that large
and unregulated independent expenditures may grant the financial backers
of such independent expenditures undue influence in  election  based  on
ability  to pay.  Finally, the legislature further declares that present
campaign finance laws must be amended to ensure that the voices of indi-
vidual small contributors are heard and that elections are conducted  in
a fair and open manner.
  Therefore, the legislature finds it necessary to establish a voluntary
system  for  the financing of campaigns for all qualified candidates for

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10662-04-3
              

S. 4897                             2

state elective offices  and  constitutional  convention  delegates.  The
legislature  further  finds that this new system which provides matching
funds for small contributions from individuals allows increased  citizen
participation  in  state  elections.  The legislature also creates a new
campaign finance board placed within and working hand in hand  with  the
state  board of elections to provide effective oversight and enforcement
of the voluntary campaign financing  system.  Finally,  the  legislature
lowers  contribution  limits  for  all  contributors, whether or not the
candidate participates in the voluntary  system,  thereby  removing  the
influence of large contributions in state and local elections.
  S 3. Section 6-120 of the election law is REPEALED.
  S 4. Subdivision 10 of section 14-100 of the election law, as added by
chapter  8  of  the laws of 1978 and as redesignated by chapter 9 of the
laws of 1978, is amended and four new subdivisions 12, 13, 14 and 15 are
added to read as follows:
  10. "transfer" means any exchange of  funds  or  any  thing  of  value
between political committees authorized by the same candidate and taking
part  solely in his OR HER campaign[, or any exchange of funds between a
party or constituted committee and a candidate or any of his  authorized
political committees].
  12.  "CLEARLY IDENTIFIED CANDIDATE" MEANS THAT:
  (1) THE NAME OF THE CANDIDATE INVOLVED APPEARS;
  (2) A PHOTOGRAPH OR DRAWING OF THE CANDIDATE APPEARS; OR
  (3)  THE  IDENTITY  OF THE CANDIDATE IS APPARENT BY UNAMBIGUOUS REFER-
ENCE.
  13. "GENERAL PUBLIC AUDIENCE" MEANS AN AUDIENCE COMPOSED OF MEMBERS OF
THE PUBLIC, INCLUDING A TARGETED SUBGROUP  OF  MEMBERS  OF  THE  PUBLIC;
PROVIDED,  HOWEVER,  SUCH  TERM  SHALL  NOT  INCLUDE  AN AUDIENCE SOLELY
COMPRISED OF MEMBERS, RETIREES AND STAFF OF  A  LABOR  ORGANIZATION,  OR
THEIR  IMMEDIATE  FAMILY  MEMBERS,  OR  AN  AUDIENCE SOLELY COMPRISED OF
SHAREHOLDERS AND EXECUTIVES OF A BUSINESS ENTITY.
  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 IN DEALING WITH EMPLOYERS OR  EMPLOYER  ORGAN-
IZATIONS,  OR WITH THE STATE GOVERNMENT OR ANY POLITICAL OR CIVIL SUBDI-
VISION OR OTHER AGENCY  THEREOF,  CONCERNING  TERMS  AND  CONDITIONS  OF
EMPLOYMENT,  GRIEVANCES,  LABOR DISPUTES, OR OTHER MATTERS INCIDENTAL TO
THE EMPLOYMENT RELATIONSHIP. FOR THE  PURPOSES  OF  THIS  ARTICLE,  EACH
LOCAL,  PARENT  NATIONAL  OR PARENT INTERNATIONAL ORGANIZATION, AND EACH
NATIONAL, STATE, AREA AND LABOR CENTRAL LABOR BODY RECEIVING  DUES  FROM
AFFILIATED  LABOR  ORGANIZATIONS,  SHALL  BE CONSIDERED A SEPARATE LABOR
ORGANIZATION.
  15. "BOARD", "STATE BOARD" OR "STATE BOARD  OF  ELECTIONS"  MEANS  THE
CAMPAIGN FINANCE BOARD AS ESTABLISHED IN TITLE TWO OF THIS ARTICLE.
  S  5.  Subdivision 1 of section 14-102 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:
  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  or
incurs  any  liability  to pay money or its equivalent 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  [arti-
cle]  TITLE  setting  forth  all  the receipts, contributions to and the
expenditures by and liabilities of the committee, and of  its  officers,

S. 4897                             3

members  and  agents  in  its  behalf. Such statements shall include the
dollar amount of any receipt[,] OR contribution [or  transfer],  or  the
fair market value of any receipt[,] OR contribution [or transfer], which
is  other  than  of  money,  the  name  and address of the [transferor,]
contributor or person  from  whom  received,  and  [if  the  transferor,
contributor or person is] FOR ANY TRANSFER, CONTRIBUTION OR RECEIPT MADE
BY 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.  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  specif-
ically  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 [article]
TITLE.
  S 6. The election law is amended by adding a  new  section  14-107  to
read as follows:
  S  14-107.  INDEPENDENT EXPENDITURES. 1. DEFINITIONS. FOR THE PURPOSES
OF THIS SECTION:
  A. "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE, MADE IN SUPPORT  OR
OPPOSITION  OF  A  CANDIDATE,  FOR  AN AUDIO OR VIDEO COMMUNICATION TO A
GENERAL PUBLIC AUDIENCE VIA BROADCAST, CABLE OR SATELLITE OR  A  WRITTEN
COMMUNICATION   TO   A   GENERAL  PUBLIC  AUDIENCE  VIA  ADVERTISEMENTS,
PAMPHLETS, CIRCULARS, BROCHURES, LETTERHEADS OR OTHER PRINTED MATTER AND
COMMUNICATIONS CONVEYED TO FIVE HUNDRED OR MORE  MEMBERS  OF  A  GENERAL
PUBLIC  AUDIENCE  BY  PHONE, COMPUTER OR OTHER ELECTRONIC DEVICES WHICH:
(I) EXPRESSLY ADVOCATES THE ELECTION OR DEFEAT OF A  CLEARLY  IDENTIFIED
CANDIDATE  OR  THE  SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH
CANDIDATE, THE CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLI-
TICAL COMMITTEE FORMED TO PROMOTE THE SUCCESS  OR  DEFEAT  OF  A  BALLOT
PROPOSAL  OR  ITS AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR
COOPERATE IN ANY SUCH COMMUNICATION.
  B. "INDEPENDENT SPENDER" MEANS AN INDIVIDUAL OR ENTITY THAT  MAKES  AN
INDEPENDENT EXPENDITURE OR ELECTIONEERING COMMUNICATION.
  C. "ELECTIONEERING COMMUNICATION" MEANS:
  (I)  AN  AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC AUDIENCE VIA
BROADCAST, CABLE OR SATELLITE, OR A COMMUNICATION MADE BY PAID ADVERTIS-
ING THAT IS PUBLISHED ON THE INTERNET OR IN A  NEWSPAPER  OR  PERIODICAL
DISTRIBUTED  TO  A  GENERAL  PUBLIC AUDIENCE, OR A COMMUNICATION TO FIVE
HUNDRED OR MORE MEMBERS OF A GENERAL PUBLIC AUDIENCE BY PHONE,  COMPUTER
OR OTHER ELECTRONIC DEVICES;
  (II)  WHICH  IS  BROADCAST OR PUBLISHED WITHIN SIXTY DAYS OF A GENERAL
ELECTION OR THIRTY DAYS OF A PRIMARY ELECTION;
  (III) WHICH  REFERS  TO  A  CLEARLY  IDENTIFIED  CANDIDATE  OR  BALLOT
PROPOSAL; AND
  (IV)  SUCH  CANDIDATE,  THE  CANDIDATE'S  POLITICAL  COMMITTEE  OR ITS
AGENTS, OR A POLITICAL COMMITTEE FORMED TO PROMOTE THE SUCCESS OR DEFEAT
OF A BALLOT PROPOSAL OR ITS AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST,
FOSTER OR COOPERATE IN ANY SUCH COMMUNICATION.
  D. INDEPENDENT EXPENDITURES AND  ELECTIONEERING  COMMUNICATIONS  SHALL
NOT INCLUDE:

S. 4897                             4

  (I)  A  COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY OR
EDITORIAL OR DISTRIBUTED THROUGH  THE  FACILITIES  OF  ANY  BROADCASTING
STATION,  CABLE  OR  SATELLITE UNLESS SUCH PUBLICATION OR FACILITIES ARE
OWNED OR CONTROLLED BY  ANY  POLITICAL  PARTY,  POLITICAL  COMMITTEE  OR
CANDIDATE; OR
  (II) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR
  (III)  A  COMMUNICATION  WHICH  CONSTITUTES  AN EXPENDITURE MADE BY AN
ENTITY REQUIRED TO  REPORT  SUCH  EXPENDITURE  TO  THE  STATE  BOARD  OF
ELECTIONS.
  E.  "PERSON"  MEANS A PERSON, A GROUP OF PERSONS, AN ENTITY, AN ORGAN-
IZATION, AN ASSOCIATION OR A COMBINATION THEREOF.
  2. WHENEVER ANY PERSON MAKES AN INDEPENDENT  EXPENDITURE  OR  ELECTIO-
NEERING  COMMUNICATION  THAT COSTS MORE THAN ONE THOUSAND DOLLARS IN THE
AGGREGATE, SUCH COMMUNICATION SHALL CLEARLY STATE THE NAME OF THE PERSON
WHO PAID FOR, OR OTHERWISE PUBLISHED OR DISTRIBUTED,  THE  COMMUNICATION
AND  STATE,  WITH  RESPECT  TO  COMMUNICATIONS REGARDING CANDIDATES OR A
BALLOT PROPOSAL, THAT THE COMMUNICATION IS NOT AUTHORIZED BY ANY  CANDI-
DATE,  ANY  CANDIDATE'S POLITICAL COMMITTEE, ANY OF ITS AGENTS OR BY ANY
POLITICAL COMMITTEE OR ITS AGENTS  FORMED  TO  PROMOTE  THE  SUCCESS  OR
DEFEAT  OF  A  BALLOT PROPOSAL.   A KNOWING AND WILLFUL VIOLATION OF THE
PROVISIONS OF THIS SUBDIVISION SHALL  SUBJECT  THE  PERSON  TO  A  CIVIL
PENALTY OF ONE THOUSAND DOLLARS OR THE COST OF THE COMMUNICATION, WHICH-
EVER  IS GREATER, IN A SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE
STATE BOARD OF ELECTIONS.
  3. A. ANY PERSON WHICH MAKES INDEPENDENT EXPENDITURES OR  ELECTIONEER-
ING  COMMUNICATIONS  THAT  COST  MORE  THAN  ONE THOUSAND DOLLARS IN THE
AGGREGATE SHALL REPORT SUCH INDEPENDENT EXPENDITURES  OR  ELECTIONEERING
COMMUNICATIONS TO THE STATE BOARD OF ELECTIONS ON STATEMENTS AS PROVIDED
FOR IN SECTION 14-108 OF THIS TITLE.
  B.  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 IN THE SAME  MANNER
AS PROVIDED FOR IN SUBDIVISION TWO OF SECTION 14-108 OF THIS TITLE.
  4. EACH SUCH STATEMENT, AS REQUIRED BY THIS SECTION, SHALL INCLUDE:
  A. THE NAME AND ADDRESS OF THE PERSON MAKING THE STATEMENT;
  B.  THE NAME AND ADDRESS OF THE PERSON MAKING THE INDEPENDENT EXPENDI-
TURE OR ELECTIONEERING COMMUNICATION;
  C. IF THE INDEPENDENT SPENDER MAKES INDEPENDENT EXPENDITURES OR  ELEC-
TIONEERING  COMMUNICATIONS  USING EXCLUSIVELY FUNDS IN A SEGREGATED BANK
ACCOUNT CONSISTING OF FUNDS THAT WERE PAID DIRECTLY TO SUCH  ACCOUNT  BY
PERSONS  OTHER  THAN  THE INDEPENDENT SPENDER THAT CONTROLS THE ACCOUNT,
FOR EACH SUCH PAYMENT TO THE ACCOUNT:
  (I) THE NAME AND ADDRESS OF EACH PERSON WHO MADE SUCH  PAYMENT  DURING
THE PERIOD COVERED BY THE STATEMENT;
  (II) THE DATE AND AMOUNT OF SUCH PAYMENT; AND
  (III)  THE  AGGREGATE  AMOUNT  OF ALL SUCH PAYMENTS MADE BY THE PERSON
AFTER JANUARY FIRST OF THE  YEAR  IN  WHICH  THE  PRIMARY,  GENERAL,  OR
SPECIAL  ELECTION  IS  HELD  FOR  A BALLOT PROPOSAL OR THE PUBLIC OFFICE
SOUGHT; BUT ONLY IF SUCH PAYMENT WAS MADE BY A PERSON WHO MADE  PAYMENTS
TO  THE  ACCOUNT  IN AN AGGREGATE AMOUNT OF ONE THOUSAND DOLLARS OR MORE
AFTER JANUARY FIRST OF THE  YEAR  IN  WHICH  THE  PRIMARY,  GENERAL,  OR
SPECIAL  ELECTION  IS  HELD  FOR  A BALLOT PROPOSAL OR THE PUBLIC OFFICE
SOUGHT;
  D. IF THE INDEPENDENT SPENDER MAKES INDEPENDENT EXPENDITURES OR  ELEC-
TIONEERING  COMMUNICATIONS  USING FUNDS OTHER THAN FUNDS IN A SEGREGATED

S. 4897                             5

BANK ACCOUNT DESCRIBED IN PARAGRAPH C  OF  THIS  SUBDIVISION,  FOR  EACH
PAYMENT TO THE INDEPENDENT SPENDER:
  (I)  THE  NAME AND ADDRESS OF EACH PERSON WHO MADE SUCH PAYMENT DURING
THE PERIOD COVERED BY THE STATEMENT;
  (II) THE DATE AND AMOUNT OF SUCH PAYMENT; AND
  (III) THE AGGREGATE AMOUNT OF ALL SUCH PAYMENTS  MADE  BY  THE  PERSON
AFTER  JANUARY  FIRST  OF  THE  YEAR  IN  WHICH THE PRIMARY, GENERAL, OR
SPECIAL ELECTION IS HELD FOR A BALLOT  PROPOSAL  OR  THE  PUBLIC  OFFICE
SOUGHT;  BUT ONLY IF SUCH PAYMENT WAS MADE BY A PERSON WHO MADE PAYMENTS
TO THE INDEPENDENT SPENDER  IN  AN  AGGREGATE  AMOUNT  OF  ONE  THOUSAND
DOLLARS  OR  MORE  AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY,
GENERAL, OR SPECIAL ELECTION IS HELD FOR A BALLOT PROPOSAL OR THE PUBLIC
OFFICE SOUGHT;
  E. THE DOLLAR AMOUNT PAID FOR EACH INDEPENDENT EXPENDITURE OR ELECTIO-
NEERING COMMUNICATION, THE NAME AND ADDRESS  OF  THE  PERSON  OR  ENTITY
RECEIVING  THE  PAYMENT, THE DATE THE PAYMENT WAS MADE AND A DESCRIPTION
OF THE INDEPENDENT EXPENDITURE OR ELECTIONEERING COMMUNICATION; AND
  F. THE ELECTION TO WHICH THE INDEPENDENT EXPENDITURE OR ELECTIONEERING
COMMUNICATION PERTAINS AND THE NAME OF THE CLEARLY IDENTIFIED  CANDIDATE
OR THE BALLOT PROPOSAL REFERENCED.
  5.  ANY  REPORT  MADE PURSUANT TO THIS SECTION SHALL INCLUDE A COPY OF
ALL MATERIALS THAT PERTAIN TO THE INDEPENDENT  EXPENDITURE  OR  ELECTIO-
NEERING  COMMUNICATION, INCLUDING BUT NOT LIMITED TO BROADCAST, CABLE OR
SATELLITE SCHEDULES AND SCRIPTS, ADVERTISEMENTS,  PAMPHLETS,  CIRCULARS,
FLYERS, BROCHURES, LETTERHEADS AND OTHER PRINTED MATTER.
  6.  ANY  REPORT  OF A LOAN THAT IS MADE FOR AN INDEPENDENT EXPENDITURE
SHALL INCLUDE WRITTEN EVIDENCE OF THE INDEBTEDNESS.
  7. A. WHEN AN INDEPENDENT SPENDER THAT IS AN ENTITY MAKING INDEPENDENT
EXPENDITURES OR ELECTIONEERING COMMUNICATIONS OF ONE HUNDRED DOLLARS  OR
MORE  AGGREGATING  FIVE  THOUSAND  DOLLARS  OR MORE IN THE TWELVE MONTHS
PRECEDING THE ELECTION FOR  COMMUNICATIONS  THAT  REFER  TO  ANY  SINGLE
CANDIDATE, IT IS REQUIRED TO REPORT:
  (I)  ALL  CONTRIBUTIONS FROM OTHER ENTITIES SINCE THE FIRST DAY OF THE
CALENDAR YEAR PRECEDING THE YEAR OF THE ELECTION; AND
  (II) ALL  CONTRIBUTIONS  AGGREGATING  ONE  THOUSAND  DOLLARS  OR  MORE
ACCEPTED  FROM  AN  INDIVIDUAL  DURING  THE  TWELVE MONTHS PRECEDING THE
ELECTION.
  B. EACH CONTRIBUTION SHALL BE DISCLOSED IN  THE  REPORTING  PERIOD  IN
WHICH  IT  WAS  RECEIVED. FOR EACH CONTRIBUTION, THE INDEPENDENT SPENDER
SHALL PROVIDE:
  (I) FOR EACH CONTRIBUTION ACCEPTED FROM ANOTHER ENTITY,  THE  ENTITY'S
NAME, ADDRESS AND TYPE OF ORGANIZATION;
  (II)  FOR  EACH CONTRIBUTION ACCEPTED FROM AN INDIVIDUAL, THE INDIVID-
UAL'S NAME AND ADDRESS; AND
  (III) THE DATE OF RECEIPT AND AMOUNT OF EACH SUCH CONTRIBUTION.
  C. CONTRIBUTIONS THAT ARE EARMARKED FOR AN EXPLICITLY STATED NON-ELEC-
TORAL PURPOSE ARE NOT REQUIRED TO BE REPORTED; PROVIDED,  HOWEVER,  THAT
RECORDS  OF  THESE CONTRIBUTIONS MUST BE MAINTAINED AND MAY BE REQUESTED
BY THE BOARD TO VERIFY THEIR QUALIFICATIONS FOR THIS EXEMPTION.
  8. EVERY STATEMENT REQUIRED TO BE FILED PURSUANT TO THIS SECTION SHALL
BE FILED BY ELECTRONIC REPORTING PROCESS OR OVERNIGHT MAIL TO THE  STATE
BOARD OF ELECTIONS.
  9.  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. 4897                             6

  S 7. Subdivisions 1 and 3 of  section  14-114  of  the  election  law,
subdivision 1 as amended by chapter 79 of the laws of 1992, paragraphs a
and b of subdivision 1 as amended by chapter 659 of the laws of 1994 and
subdivision 3 as amended by chapter 517 of the laws of 1986, are 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,
or for election to any party positions,  and  to  all  contributions  to
political  committees  working directly or indirectly with any candidate
to aid or participate in such candidate's nomination or election,  other
than any contributions to any party committee or constituted committee:
  a. In any election for a public office to be voted on by the voters of
the  entire  state, or for nomination to any such office, no contributor
may make a contribution to any candidate 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 candidate's party in the state, exclud-
ing voters in inactive status, multiplied  by  $.005,  but  such  amount
shall  be  not less than four thousand dollars nor more than twelve] TWO
thousand SIX HUNDRED dollars [as increased or decreased by the  cost  of
living  adjustment  described  in  paragraph c of this subdivision], and
(ii) in the case of any election to a public office,  [twenty-five]  TWO
thousand  SIX  HUNDRED dollars [as increased or decreased by the cost of
living  adjustment  described  in  paragraph  c  of  this  subdivision];
provided however, THAT THE MAXIMUM AMOUNT CONTRIBUTED BY ANY CONTRIBUTOR
OR  ACCEPTED  BY ANY CANDIDATE OR POLITICAL COMMITTEE FOR BOTH A PRIMARY
AND A GENERAL  ELECTION  SHALL  NOT  EXCEED  TWO  THOUSAND  SIX  HUNDRED
DOLLARS;  AND  PROVIDED  FURTHER that the maximum amount which may be so
contributed or accepted[, in the aggregate,] from any candidate's child,
parent, grandparent, brother [and] OR sister, [and] OR 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  inac-
tive  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] TWO THOUSAND SIX HUNDRED DOLLARS.  FOR THE PURPOSES
OF THIS SUBDIVISION, THE TERM "CHILD"  SHALL  INCLUDE  PERSONS  EIGHTEEN
YEARS OF AGE OR OLDER.
  b.  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  contribution  to  any  candidate  or political committee and no
candidate or political committee may accept any  contribution  from  any
contributor,  which  [is in the aggregate amount greater than] SHALL NOT
EXCEED:  (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 candi-
date, excluding voters in inactive status, multiplied by  $.05,  OR  TWO
THOUSAND SIX HUNDRED DOLLARS, 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,
OR TWO THOUSAND SIX HUNDRED DOLLARS, 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

S. 4897                             7

cost of living adjustment 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]  TWO  thousand  SIX  HUNDRED  dollars  [as increased or
decreased by the cost of living adjustment described in paragraph  c  of
this  subdivision];  in the case of an election for state senator, [six]
TWO  thousand  [two]  SIX  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 nomination for a member
of the assembly, [twenty-five] TWO  THOUSAND  SIX  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 maximum
[exceed fifty thousand 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 candidate's child, parent, grand-
parent,  brother  [and]  OR  sister,  [and]  OR  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],  TWO  THOUSAND  SIX
hundred  [fifty]  dollars,  [whichever  is greater,] or in the case of a
nomination or election of a state senator,  [twenty]  TWO  thousand  SIX
HUNDRED  dollars, [whichever is greater,] or in the case of a nomination
or election of a member of the assembly [twelve] TWO thousand [five] SIX
hundred dollars[, whichever is greater, but in no event shall  any  such
maximum  exceed  one  hundred thousand dollars]; PROVIDED, HOWEVER, THAT
THE MAXIMUM AMOUNT CONTRIBUTED BY ANY CONTRIBUTOR  OR  ACCEPTED  BY  ANY
CANDIDATE  OR  POLITICAL  COMMITTEE  FOR  BOTH  A  PRIMARY AND A GENERAL
ELECTION  SHALL  NOT  EXCEED  TWO  THOUSAND  SIX  HUNDRED  DOLLARS;  AND
PROVIDED, FURTHER THAT THE MAXIMUM AMOUNT WHICH MAY BE SO CONTRIBUTED OR
ACCEPTED  FROM  ANY  CANDIDATE'S  CHILD, PARENT, GRANDPARENT, BROTHER OR
SISTER, OR THE SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED TWO THOUSAND
SIX HUNDRED DOLLARS FOR THE NOMINATION AND ELECTION TO A PUBLIC  OFFICE.
FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,  THE  TERM "CHILD" SHALL MEAN
PERSONS EIGHTEEN YEARS OF AGE OR OLDER.
  [c. 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
bureau of labor statistics and such consumer price index  published  for
the  same  month  four years previously. The amount of each contribution
limit fixed in 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 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.]
  3.  As used in this section the term "contributor" shall [not] include
a party committee supporting the candidate of such party  or  a  consti-
tuted committee supporting the candidate of such party.
  S 8. Subdivision 6 of section 14-114 of the election law is REPEALED.

S. 4897                             8

  S  9.  Paragraph a of 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:
  a.  No  contributor  may make a contribution to a party or constituted
committee and no such committee  may  accept  a  contribution  from  any
contributor  which,  in  the  aggregate, is greater than [sixty-two] TEN
thousand [five hundred] dollars per annum.
  S 9-a. Paragraph b of subdivision 10 of section 14-114 of the election
law is REPEALED.
  S 10. Subdivision 2 of section 14-116 of the election law, as  amended
by chapter 260 of the laws of 1981, is amended to read as follows:
  2.  A.  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
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 such a public service corporation] ANY  OTHER  PROVISION
OF  LAW  TO THE CONTRARY, NO CONTRIBUTION, LOAN, LOAN GUARANTEE OR OTHER
SECURITY FOR SUCH A LOAN FROM ANY CORPORATION, LIMITED LIABILITY  COMPA-
NY,  LIMITED  LIABILITY  PARTNERSHIP  OR  PARTNERSHIP, OTHER THAN IN THE
REGULAR COURSE OF THE LENDER'S BUSINESS, MAY BE ACCEPTED BY A  CANDIDATE
OR  A  POLITICAL  COMMITTEE, OTHER THAN A CORPORATION, LIMITED LIABILITY
COMPANY, LIMITED LIABILITY PARTNERSHIP OR PARTNERSHIP THAT  IS  A  POLI-
TICAL  COMMITTEE,  FOR  ALL NOMINATIONS TO ANY OFFICE OR ELECTION TO ANY
OFFICE.
  B. A LOAN MADE TO A CANDIDATE OR POLITICAL  COMMITTEE,  OTHER  THAN  A
CONSTITUTED  COMMITTEE,  BY  ANY  PERSON,  FIRM  OR ASSOCIATION SHALL BE
REPAID BY THE DATE OF THE PRIMARY, SPECIAL OR GENERAL ELECTION,  AS  THE
CASE  MAY  BE,  OR  SUCH LOAN SHALL BE CONSIDERED A CONTRIBUTION BY SUCH
PERSON, FIRM OR ASSOCIATION INCLUDING ANY PERSON  ENDORSING,  COSIGNING,
GUARANTEEING, COLLATERALIZING OR OTHER PROVIDING SECURITY FOR THE LOAN.
  S 11. Subdivision 3 of section 14-124 of the election law is REPEALED.
  S  12.  The  election law is amended by adding a new section 14-125 to
read as follows:
  S 14-125. NEW YORK STATE BUSINESS CONTRACT DATABASE. 1. A. AS USED  IN
THIS SECTION:
  (I)  THE  TERM  "BUSINESS RELATIONSHIPS WITH THE STATE" SHALL MEAN ANY
CONTRACT FOR THE PROCUREMENT OF GOODS, SERVICES OR CONSTRUCTION THAT  IS
ENTERED  INTO  OR  IN EFFECT WITH THE STATE OF NEW YORK OR ANY AGENCY OR
ENTITY AFFILIATED THERETO NOT AWARDED THROUGH A COMPETITIVE BID  PROCESS
PURSUANT  TO ARTICLES NINE AND ELEVEN OF THE STATE FINANCE LAW. BUSINESS
RELATIONSHIPS WITH THE  STATE  SHALL  NOT  MEAN  ANY  PERSON  OR  ENTITY
REJECTED  FROM  PARTICIPATION IN SUCH A CONTRACT OR ANY PERSON OR ENTITY
NOT PARTICIPATING IN SUCH A CONTRACT WITHIN TWENTY-FOUR  MONTHS  OF  ANY
ELECTION.
  (II) THE TERM "NEW YORK STATE BUSINESS CONTRACT DATABASE" SHALL MEAN A
DATABASE  CREATED,  OPERATED,  MAINTAINED AND UPDATED BY THE STATE COMP-
TROLLER ACCESSIBLE TO THE PUBLIC WHICH CONTAINS THE NAMES OF PERSONS WHO
HAVE BUSINESS RELATIONSHIPS WITH  THE  STATE.  SUCH  DATABASE  SHALL  BE
CREATED,  OPERATED, MAINTAINED AND UPDATED BY THE STATE COMPTROLLER 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 IN ANY GENERAL ELECTION YEAR. SUCH DATABASE

S. 4897                             9

SHALL ENABLE MEMBERS OF THE PUBLIC TO DETERMINE IF A GIVEN PERSON HAS  A
BUSINESS RELATIONSHIP WITH THE STATE.
  (III)  THE  TERM  "PERSON"  SHALL INCLUDE ANY CHIEF EXECUTIVE OFFICER,
CHIEF FINANCIAL OFFICER 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 VALUE OF SUCH
ENTITY AT FAIR MARKET VALUE.
  (IV) 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 SOLICITATION,
LETTING OR ADMINISTRATION  OF  BUSINESS  TRANSACTIONS  WITH  THE  STATE,
INCLUDING  CONTRACTS,  FRANCHISES, CONCESSION, GRANTS, ECONOMIC DEVELOP-
MENT AGREEMENTS AND APPLICATION FOR LAND USE APPROVALS.
  B. ANY DATABASE MAINTAINED BY THE COMPTROLLER AS OF THE EFFECTIVE DATE
OF THIS SECTION MAY SERVE AS THE NEW YORK STATE BUSINESS CONTRACT  DATA-
BASE  UPON  CERTIFICATION  BY  THE  COMPTROLLER  TO  THE CHAIRMAN OF THE
CAMPAIGN FINANCE BOARD THAT SUCH DATABASE FULFILLS THE  REQUIREMENTS  OF
THIS SECTION. EVERY STATE AGENCY OR AUTHORITY OF THE STATE INCLUDING ANY
ENTITY AFFILIATED THERETO SHALL PROVIDE THE COMPTROLLER WITH SUCH INFOR-
MATION  AS  IS NECESSARY TO CONSTRUCT, MODIFY AND MAINTAIN SUCH DATABASE
IN A TIMELY MANNER.
  2. A. NEITHER A CANDIDATE  PARTICIPATING  IN  THE  VOLUNTARY  CAMPAIGN
FINANCE  PROGRAM  ESTABLISHED  PURSUANT TO THIS ARTICLE, NOR A POLITICAL
COMMITTEE OF SUCH CANDIDATE SHALL ACCEPT  CONTRIBUTIONS  FOR  A  COVERED
ELECTION  WHICH  IN  THE  AGGREGATE  EXCEEDS FOUR HUNDRED DOLLARS FROM A
PERSON OR ENTITY WHO HAS A BUSINESS RELATIONSHIP WITH THE STATE.
  B. NEITHER A  CANDIDATE  WHO  DOES  NOT  PARTICIPATE  IN  A  VOLUNTARY
CAMPAIGN  FINANCE  PROGRAM  PURSUANT  TO  THIS  ARTICLE  NOR A POLITICAL
COMMITTEE OF SUCH CANDIDATE SHALL ACCEPT  CONTRIBUTIONS  FOR  A  COVERED
ELECTION  WHICH  IN  THE  AGGREGATE  EXCEEDS FOUR HUNDRED DOLLARS FROM A
PERSON OR ENTITY WHO HAS A BUSINESS RELATIONSHIP WITH THE STATE.
  C. NO CONTRIBUTION PURSUANT TO THIS SECTION TO A  CANDIDATE  OR  TO  A
POLITICAL  COMMITTEE  OF  SUCH  CANDIDATE SHALL BE ELIGIBLE FOR MATCHING
CONTRIBUTIONS PURSUANT TO TITLE TWO OF THIS ARTICLE.
  D. IF THE CAMPAIGN FINANCE BOARD DETERMINES THAT ANY CONTRIBUTION TO A
CANDIDATE OR TO THE POLITICAL COMMITTEE OF SUCH CANDIDATE  VIOLATES  THE
PROVISIONS OF THIS SECTION, THE CAMPAIGN FINANCE BOARD SHALL NOTIFY SUCH
CANDIDATE WITHIN TWENTY DAYS OF SUCH DETERMINATION AND SUCH CANDIDATE OR
CANDIDATE'S  POLITICAL  COMMITTEE  SHALL  MAKE  A  REASONABLE ATTEMPT TO
RETURN SUCH CONTRIBUTION TO THE CONTRIBUTOR; PROVIDED, HOWEVER, THAT  IF
SUCH CANDIDATE OR THE POLITICAL COMMITTEE OF SUCH CANDIDATE IS UNABLE TO
RETURN  SUCH  CONTRIBUTION,  SUCH  MONIES  SHALL BE PAID TO THE CAMPAIGN
FINANCE BOARD FOR PAYMENT INTO THE NEW YORK STATE CAMPAIGN FINANCE  FUND
PURSUANT TO SECTION NINETY-NINE-V OF THE STATE FINANCE LAW.
  E.  THE  STATE  COMPTROLLER  AND  THE CHAIRMAN OF THE CAMPAIGN FINANCE
BOARD SHALL PROMULGATE SUCH RULES AND REGULATIONS AS THE COMPTROLLER AND
THE CHAIRMAN DEEM NECESSARY FOR THE ADMINISTRATION OF THIS SECTION.
  S 13. The article heading of article 14 of the election law is amended
to read as follows:

              CAMPAIGN [RECEIPTS AND EXPENDITURES] FINANCE

  S 14. Sections 14-100 through 14-130 of article 14 of the election law
are designated title 1 and a new title  heading  is  added  to  read  as
follows:

S. 4897                            10

                   CAMPAIGN RECEIPTS AND EXPENDITURES

  S  15. Article 14 of the election law is amended by adding a new title
2 to read as follows:
                                TITLE II
                       VOLUNTARY CAMPAIGN FINANCE
SECTION 14-200. APPLICABILITY AND DEFINITIONS.
        14-202. REPORTING REQUIREMENTS.
        14-204. CONTRIBUTION AND RECEIPT LIMITATIONS.
        14-206. PROOF OF COMPLIANCE.
        14-208. ELIGIBILITY.
        14-212. PAYMENT OF MATCHING FUNDS.
        14-214. USE OF MATCHING FUNDS; QUALIFIED CAMPAIGN EXPENDITURES.
        14-216. CAMPAIGN FINANCE BOARD; GENERAL POWERS AND DUTIES.
        14-218. AUDITS AND REPAYMENTS.
        14-220. CIVIL ENFORCEMENT.
        14-222. CRIMINAL PENALTIES.
        14-224. REPORTS.
        14-226. DEBATES.
        14-228. DISTRIBUTIONS FROM CAMPAIGN FINANCE FUND.
  S 14-200. APPLICABILITY AND DEFINITIONS. THIS TITLE SHALL APPLY EXCLU-
SIVELY TO THE FINANCING OF CAMPAIGNS OF CANDIDATES  FOR  THE  NOMINATION
FOR  ELECTION,  AND FOR ELECTION TO, THE OFFICES OF GOVERNOR, LIEUTENANT
GOVERNOR, STATE COMPTROLLER, ATTORNEY GENERAL, MEMBER OF  THE  ASSEMBLY,
STATE SENATOR AND DELEGATE TO A CONSTITUTIONAL CONVENTION.  FOR PURPOSES
OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "AUTHORIZED COMMITTEE" MEANS A POLITICAL COMMITTEE DESIGNATED BY A
CANDIDATE PURSUANT TO SECTION 14-202 OF THIS TITLE TO  RECEIVE  CONTRIB-
UTIONS AND MAKE EXPENDITURES IN SUPPORT OF SUCH CANDIDATE'S CAMPAIGN. NO
MORE  THAN  ONE AUTHORIZED COMMITTEE MAY BE DESIGNATED BY A CANDIDATE IN
ANY ELECTION CYCLE.
  2. "BOARD" OR "CAMPAIGN FINANCE BOARD"  MEANS  THE  BOARD  CREATED  BY
SECTION 14-216 OF THIS TITLE TO ADMINISTER THE CAMPAIGN FINANCE FUND.
  3. "CANDIDATE" MEANS ANY CANDIDATE FOR NOMINATION FOR ELECTION, OR FOR
ELECTION  TO,  THE OFFICES OF GOVERNOR, LIEUTENANT GOVERNOR, STATE COMP-
TROLLER, ATTORNEY GENERAL, MEMBER OF THE  ASSEMBLY,  STATE  SENATOR  AND
DELEGATE  TO  A  CONSTITUTIONAL  CONVENTION  WHETHER SUCH CANDIDATE IS A
"PARTICIPATING CANDIDATE" OR "NONPARTICIPATING CANDIDATE" AS DEFINED  IN
THIS SECTION.
  4. "CONTRIBUTION" MEANS:
  (A)  ANY  GIFT, SUBSCRIPTION, OUTSTANDING LOAN (TO THE EXTENT PROVIDED
FOR IN SECTION 14-114 OF THIS ARTICLE), ADVANCE, OR DEPOSIT OF MONEY  OR
ANYTHING  OF VALUE, MADE IN CONNECTION WITH THE NOMINATION FOR ELECTION,
OR ELECTION, OF ANY CANDIDATE, OR MADE TO PROMOTE THE SUCCESS OR  DEFEAT
OF A POLITICAL PARTY OR PRINCIPLE, OR OF ANY BALLOT PROPOSAL;
  (B) ANY PAYMENT, BY ANY PERSON OTHER THAN A CANDIDATE OR AN AUTHORIZED
COMMITTEE,  MADE  IN  CONNECTION  WITH  THE  NOMINATION  FOR ELECTION OR
ELECTION OF ANY CANDIDATE, OR ANY PAYMENT MADE TO PROMOTE THE SUCCESS OR
DEFEAT OF A POLITICAL PARTY OR PRINCIPLE,  OR  OF  ANY  BALLOT  PROPOSAL
INCLUDING  BUT  NOT LIMITED TO COMPENSATION FOR THE PERSONAL SERVICES OF
ANY INDIVIDUAL WHICH ARE  RENDERED  IN  CONNECTION  WITH  A  CANDIDATE'S
ELECTION  OR  NOMINATION  WITHOUT CHARGE; PROVIDED HOWEVER, THAT NONE OF
THE FOREGOING SHALL BE DEEMED A CONTRIBUTION IF IT  IS  MADE,  TAKEN  OR
PERFORMED  BY A CANDIDATE OR HIS OR HER SPOUSE OR BY A PERSON OR A POLI-
TICAL COMMITTEE INDEPENDENT OF THE CANDIDATE OR HIS  OR  HER  AGENTS  OR
POLITICAL  COMMITTEES. FOR PURPOSES OF THIS TITLE, THE TERM "INDEPENDENT

S. 4897                            11

OF THE CANDIDATE OR HIS OR HER AGENTS  OR  POLITICAL  COMMITTEES"  SHALL
MEAN  THAT THE CANDIDATE OR HIS OR HER AGENTS OR POLITICAL COMMITTEE DID
NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN ANY SUCH  ACTIV-
ITY; AND PROVIDED FURTHER, THAT THE TERM CONTRIBUTION SHALL NOT INCLUDE:
  (I) THE VALUE OF SERVICES PROVIDED WITHOUT COMPENSATION BY INDIVIDUALS
WHO VOLUNTEER A PORTION OR ALL OF THEIR TIME ON BEHALF OF A CANDIDATE OR
POLITICAL COMMITTEE;
  (II) THE USE OF REAL OR PERSONAL PROPERTY AND THE COST OF INVITATIONS,
FOOD  AND BEVERAGES VOLUNTARILY PROVIDED BY AN INDIVIDUAL TO A CANDIDATE
OR POLITICAL COMMITTEE ON  THE  INDIVIDUAL'S  RESIDENTIAL  PREMISES  FOR
CANDIDATE-RELATED  ACTIVITIES  TO THE EXTENT SUCH SERVICES DO NOT EXCEED
FIVE HUNDRED DOLLARS IN VALUE;
  (III) THE TRAVEL EXPENSES OF ANY INDIVIDUAL WHO  ON  HIS  OR  HER  OWN
BEHALF VOLUNTEERS HIS OR HER PERSONAL SERVICES TO ANY CANDIDATE OR POLI-
TICAL  COMMITTEE TO THE EXTENT SUCH EXPENSES ARE UNREIMBURSED AND DO NOT
EXCEED FIVE HUNDRED DOLLARS IN VALUE; AND
  (IV) EXPENDITURES BY A BONA FIDE MEMBERSHIP ORGANIZATION IN SUPPORT OF
THE FOLLOWING ACTIVITIES BY MEMBERS OF THE ORGANIZATION WHO  ARE  VOLUN-
TEERING  THEIR  TIME ON BEHALF OF A CANDIDATE, NOT TO EXCEED TWENTY-FIVE
DOLLARS PER MEMBER WHO VOLUNTEER FOR: (1) TRANSPORTATION  OF  VOLUNTEERS
TO  AND  FROM  CAMPAIGN ACTIVITIES; (2) COST OF FEEDING VOLUNTEERS WHILE
VOLUNTEERING FOR THE CAMPAIGN; AND (3)  MATERIALS  SUCH  AS  BADGES  AND
CLOTHING THAT IDENTIFIES THE NAME OF THE ORGANIZATION OR CANDIDATE; AND
  (C) ANY FUNDS RECEIVED BY A POLITICAL COMMITTEE FROM ANOTHER POLITICAL
COMMITTEE TO THE EXTENT SUCH FUNDS DO NOT CONSTITUTE A TRANSFER.
  5.  "CONTRIBUTOR"  MEANS  AN  ENTITY,  INCLUDING,  BUT NOT LIMITED TO,
NATURAL PERSONS, ASSOCIATIONS AND BONA  FIDE  MEMBERSHIP  ORGANIZATIONS,
THAT  MAKES  A  CONTRIBUTION,  AS  DEFINED  IN  SUBDIVISION FOUR OF THIS
SECTION AND PURSUANT TO SECTION 14-116 OF THIS ARTICLE.
  6. "COVERED ELECTION"  MEANS  ANY  PRIMARY  ELECTION  FOR  NOMINATION,
SPECIAL  OR  GENERAL  ELECTION FOR ELECTION, TO THE OFFICES OF GOVERNOR,
LIEUTENANT GOVERNOR, STATE COMPTROLLER, ATTORNEY GENERAL, MEMBER OF  THE
ASSEMBLY, STATE SENATOR AND DELEGATE TO A CONSTITUTIONAL CONVENTION.
  7.  "ELECTION  CYCLE"  MEANS (A) THE FOUR YEAR PERIOD STARTING THE DAY
AFTER THE GENERAL ELECTION AND ENDING ON THE DAY OF THE NEXT  SUCCEEDING
GENERAL ELECTION FOR THE OFFICES OF GOVERNOR, LIEUTENANT GOVERNOR, STATE
COMPTROLLER  AND  ATTORNEY GENERAL, (B) THE TWO YEAR PERIOD STARTING THE
DAY AFTER THE GENERAL ELECTION AND  ENDING  ON  THE  DATE  OF  THE  NEXT
SUCCEEDING  GENERAL  ELECTION  FOR  CANDIDATES  FOR THE OFFICES OF STATE
SENATOR AND MEMBER OF THE ASSEMBLY, AND (C)  SIX  MONTHS  PRIOR  TO  ANY
SPECIAL ELECTION ENDING ON THE DAY AFTER SUCH SPECIAL ELECTION.
  8.  "EXPENDITURE"  MEANS  ANY GIFT, SUBSCRIPTION, ADVANCE, PAYMENT, OR
DEPOSIT OF MONEY OR ANYTHING OF VALUE, OR A CONTRACT TO MAKE  ANY  GIFT,
SUBSCRIPTION, PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF VALUE, MADE IN
CONNECTION  WITH THE NOMINATION FOR ELECTION, OR ELECTION, OF ANY CANDI-
DATE. EXPENDITURES MADE BY CONTRACT ARE DEEMED MADE WHEN SUCH FUNDS  ARE
OBLIGATED.
  9.   "FUND"  MEANS  THE  CAMPAIGN  FINANCE  FUND  CREATED  BY  SECTION
NINETY-NINE-V OF THE STATE FINANCE LAW.
  10. "FAMILY OR HOUSEHOLD MEMBERS" MEAN THE FOLLOWING INDIVIDUALS:
  (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
  (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
  (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER REGARDLESS OF WHETHER THEY
STILL RESIDE IN THE SAME HOUSEHOLD;
  (D) PERSONS WHO HAVE A CHILD IN  COMMON  REGARDLESS  OF  WHETHER  SUCH
PERSONS ARE MARRIED OR HAVE LIVED TOGETHER AT ANY TIME; OR

S. 4897                            12

  (E)  PERSONS  WHO ARE NOT RELATED BY CONSANGUINITY OR AFFINITY AND WHO
ARE OR HAVE BEEN IN AN INTIMATE RELATIONSHIP REGARDLESS OF WHETHER  SUCH
PERSONS HAVE LIVED TOGETHER AT ANY TIME.
  11.  "ITEM  WITH SIGNIFICANT VALUE" MEANS ANY ITEM, INCLUDING ANY ITEM
VALUED AT TWENTY-FIVE DOLLARS OR MORE.
  12. "LEGISLATIVE LEADER" MEANS ANY OF  THE  FOLLOWING:  THE  TEMPORARY
PRESIDENT OF THE SENATE; THE SPEAKER OF THE ASSEMBLY; THE MINORITY LEAD-
ER OF THE SENATE; OR THE MINORITY LEADER OF THE ASSEMBLY.
  13.  "MATCHABLE  CONTRIBUTION"  MEANS A CONTRIBUTION, CONTRIBUTIONS OR
SUCH PORTION OF A CONTRIBUTION OR CONTRIBUTIONS MADE BY A NATURAL PERSON
RESIDING IN THE STATE OF NEW YORK AT THE TIME OF SUCH CONTRIBUTION, WITH
A VALUE NOT TO EXCEED TWO HUNDRED  FIFTY  DOLLARS,  TO  A  PARTICIPATING
CANDIDATE  FOR  ANY  PRIMARY  AND  A CONTRIBUTION, CONTRIBUTIONS OR SUCH
PORTION OF A CONTRIBUTION OR CONTRIBUTIONS  MADE  BY  A  NATURAL  PERSON
RESIDING  IN THE STATE OF NEW YORK AT THE TIME OF SUCH CONTRIBUTION WITH
A VALUE NOT TO EXCEED TWO  HUNDRED  FIFTY  DOLLARS  TO  A  PARTICIPATING
CANDIDATE FOR A GENERAL ELECTION HELD IN THE SAME ELECTION CYCLE OR TO A
PARTICIPATING  CANDIDATE IN A SPECIAL ELECTION THAT HAS BEEN REPORTED IN
FULL TO THE STATE BOARD OF ELECTIONS IN ACCORDANCE WITH SECTIONS 14-102,
14-104 AND 14-108 OF THIS ARTICLE BY THE CANDIDATE'S AUTHORIZED  COMMIT-
TEE  AND  HAS  BEEN  CONTRIBUTED ON OR BEFORE THE DATE OF THE APPLICABLE
PRIMARY OR GENERAL OR  SPECIAL  ELECTION  IN  ANY  ELECTION  CYCLE.  ANY
CONTRIBUTION,  CONTRIBUTIONS,  OR  SUCH  PORTION  OF  A  CONTRIBUTION OR
CONTRIBUTIONS DETERMINED  TO  BE  INVALID  FOR  MATCHING  FUNDS  BY  THE
CAMPAIGN  FINANCE BOARD PURSUANT TO THE PROVISIONS OF THIS TITLE MAY NOT
BE TREATED AS A  MATCHABLE  CONTRIBUTION.  IN  ADDITION,  THE  FOLLOWING
CONTRIBUTIONS ARE NOT MATCHABLE: (A) LOANS; (B) IN-KIND CONTRIBUTIONS OF
PROPERTY,  GOODS,  OR  SERVICES;  (C)  CONTRIBUTIONS  IN THE FORM OF THE
PURCHASE PRICE PAID FOR AN ITEM WITH SIGNIFICANT  VALUE;  (D)  ANONYMOUS
CONTRIBUTIONS  OR CONTRIBUTIONS WHOSE SOURCE IS NOT ITEMIZED AS REQUIRED
BY SECTION 14-202 OF THIS TITLE; (E)  CONTRIBUTIONS  RECEIVED  DURING  A
PREVIOUS  ELECTION  CYCLE;  (F)  ILLEGAL CONTRIBUTIONS; AND (G) CONTRIB-
UTIONS FROM INDIVIDUALS UNDER THE AGE OF EIGHTEEN YEARS AT THE TIME  THE
CONTRIBUTION IS MADE.
  14. "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR THE OFFICE
OF  GOVERNOR,  LIEUTENANT GOVERNOR, STATE COMPTROLLER, ATTORNEY GENERAL,
MEMBER OF THE ASSEMBLY, STATE SENATOR OR DELEGATE  TO  A  CONSTITUTIONAL
CONVENTION  FOR  A  COVERED ELECTION WHO FAILS TO FILE A WRITTEN CERTIF-
ICATION IN THE FORM OF AN AFFIDAVIT PURSUANT TO SECTION 14-208  OF  THIS
TITLE.
  15.  "PARTICIPATING CANDIDATE" SHALL MEAN ANY CANDIDATE FOR NOMINATION
FOR ELECTION, OR ELECTION, TO THE OFFICES OF GOVERNOR, LIEUTENANT GOVER-
NOR, STATE COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE ASSEMBLY,  STATE
SENATOR  AND DELEGATE TO A CONSTITUTIONAL CONVENTION WHO FILES A WRITTEN
CERTIFICATION IN THE FORM OF AN AFFIDAVIT PURSUANT TO SECTION 14-208  OF
THIS TITLE.
  16.  "POLITICAL  COMMITTEE"  MEANS  A  COMMITTEE AS DEFINED IN SECTION
14-100 OF THIS ARTICLE.
  17. "MATCHING FUNDS" MEANS MONIES PAID FROM THE CAMPAIGN FINANCE  FUND
TO THE AUTHORIZED COMMITTEE OF PARTICIPATING CANDIDATES PURSUANT TO THIS
TITLE.
  18.  "QUALIFIED  CAMPAIGN  EXPENDITURE"  SHALL MEAN AN EXPENDITURE FOR
WHICH MATCHING FUNDS MAY BE USED.
  19. "THRESHOLD FOR ELIGIBILITY" SHALL MEAN  THE  AMOUNT  OF  MATCHABLE
CONTRIBUTIONS  THAT  A  CANDIDATE'S AUTHORIZED COMMITTEE MUST RECEIVE IN

S. 4897                            13

TOTAL IN ORDER FOR SUCH CANDIDATE TO QUALIFY FOR  MATCHING  FUNDS  UNDER
THIS ARTICLE.
  20.  "TRANSFER" SHALL MEAN ANY EXCHANGE OF FUNDS OR ANY THING OF VALUE
BETWEEN POLITICAL COMMITTEES AUTHORIZED BY  THE  SAME  CANDIDATE  TAKING
PART SOLELY IN HIS OR HER CAMPAIGN.
  S  14-202.  REPORTING  REQUIREMENTS.  1. EVERY PARTICIPATING CANDIDATE
SHALL DESIGNATE ONLY ONE AUTHORIZED COMMITTEE TO BE ELIGIBLE TO  RECEIVE
CONTRIBUTIONS  OF MATCHING FUNDS. BEFORE RECEIVING ANY SUCH CONTRIBUTION
OR MAKING ANY EXPENDITURE THEREFROM FOR A COVERED ELECTION, EACH PARTIC-
IPATING CANDIDATE SHALL NOTIFY THE STATE  BOARD  OF  ELECTIONS  AND  THE
CAMPAIGN  FINANCE  BOARD  AS  TO  THE  EXISTENCE  OF HIS OR HER ELIGIBLE
AUTHORIZED COMMITTEE THAT HAS  BEEN  DESIGNATED  AND  APPROVED  BY  SUCH
CANDIDATE.   SUCH  AUTHORIZED  COMMITTEE  SHALL,  BEFORE  RECEIVING  ANY
CONTRIBUTION OR MAKING ANY  EXPENDITURE  FOR  A  COVERED  ELECTION:  (A)
DESIGNATE  A  TREASURER; (B) OBTAIN A TAX IDENTIFICATION NUMBER FROM THE
INTERNAL  REVENUE  SERVICE;  AND  (C)  SUBMIT  TO  THE  STATE  BOARD  OF
ELECTIONS,  EITHER  IN  WRITING  OR  ELECTRONICALLY,  THE IDENTIFICATION
NUMBER OF THE COMMITTEE DESIGNATED TO BE ELIGIBLE  TO  RECEIVE  MATCHING
FUNDS.
  2.  DISCLOSURE.  (A)  EVERY  PARTICIPATING CANDIDATE SHALL SUBMIT SUCH
REPORTS TO THE STATE BOARD OF ELECTIONS AS REQUIRED BY TITLE ONE OF THIS
ARTICLE. COPIES OF SUCH REPORTS SHALL ALSO BE SUBMITTED TO THE  CAMPAIGN
FINANCE  BOARD  CREATED  PURSUANT  TO THIS ARTICLE AT THE SAME TIME SUCH
REPORTS ARE SUBMITTED TO THE STATE BOARD OF ELECTIONS.
  (B) THE CAMPAIGN FINANCE BOARD SHALL  REVIEW  EACH  DISCLOSURE  REPORT
FILED  WITH  THE  STATE BOARD OF ELECTIONS PURSUANT TO TITLE ONE OF THIS
ARTICLE AND SHALL INFORM PARTICIPATING CANDIDATES AND POLITICAL  COMMIT-
TEES INCLUDING THE AUTHORIZED COMMITTEE, OF RELEVANT QUESTIONS THE BOARD
HAS  CONCERNING:  (I)  COMPLIANCE WITH REQUIREMENTS OF THIS TITLE AND OF
THE RULES ISSUED BY THE BOARD; AND  (II)  QUALIFICATIONS  FOR  RECEIVING
PUBLIC  MATCHING  FUNDS  PURSUANT  TO  THIS TITLE. IN THE COURSE OF SUCH
REVIEW, THE BOARD SHALL GIVE CANDIDATES AND POLITICAL COMMITTEES INCLUD-
ING THE AUTHORIZED COMMITTEE, AN OPPORTUNITY TO RESPOND TO  AND  CORRECT
POTENTIAL VIOLATIONS AND GIVE CANDIDATES AN OPPORTUNITY TO ADDRESS QUES-
TIONS  THE  BOARD  HAS CONCERNING THEIR MATCHABLE CONTRIBUTION CLAIMS OR
OTHER ISSUES CONCERNING ELIGIBILITY FOR RECEIVING MATCHING FUNDS  PURSU-
ANT  TO  THIS  TITLE. NOTHING IN THIS PARAGRAPH SHALL PRECLUDE THE BOARD
FROM SUBSEQUENTLY REVIEWING SUCH A  DISCLOSURE  REPORT  AND  TAKING  ANY
ACTION OTHERWISE AUTHORIZED BY THIS TITLE.
  (C)  ONLY  ITEMIZED  CONTRIBUTIONS CONTAINED IN REPORTS FILED WITH THE
STATE BOARD OF ELECTIONS SHALL BE ELIGIBLE FOR MATCHING  FUNDS  PURSUANT
TO THIS TITLE.
  S  14-204.  CONTRIBUTION  AND  RECEIPT LIMITATIONS. 1. A PARTICIPATING
CANDIDATE AND HIS OR HER AUTHORIZED COMMITTEE SHALL NOT  ACCEPT,  EITHER
DIRECTLY OR INDIRECTLY:
  (A) TOTAL CONTRIBUTIONS FROM ANY ONE CONTRIBUTOR THAT EXCEED TWO THOU-
SAND  SIX  HUNDRED  DOLLARS  IN ANY PRIMARY IN AN ELECTION CYCLE FOR THE
OFFICES OF GOVERNOR, LIEUTENANT GOVERNOR,  STATE  COMPTROLLER,  ATTORNEY
GENERAL, MEMBER OF THE ASSEMBLY, STATE SENATOR AND DELEGATE TO A CONSTI-
TUTIONAL  CONVENTION  AND TWO THOUSAND SIX HUNDRED DOLLARS FOR A GENERAL
OR SPECIAL ELECTION IN AN ELECTION CYCLE FOR THE  OFFICES  OF  GOVERNOR,
LIEUTENANT  GOVERNOR, STATE COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE
ASSEMBLY, STATE SENATOR OR  DELEGATE  TO  A  CONSTITUTIONAL  CONVENTION,
PROVIDED,  HOWEVER,  THAT NOT MORE THAN TWO THOUSAND SIX HUNDRED DOLLARS
MAY BE RECEIVED BY A CANDIDATE FROM A CONTRIBUTOR PER ELECTION CYCLE; OR

S. 4897                            14

  (B) ANY CONTRIBUTION FROM A POLITICAL COMMITTEE THAT  HAS  NOT  REGIS-
TERED  WITH  THE STATE BOARD OF ELECTIONS OR HAS NOT REGISTERED WITH THE
APPROPRIATE ENTITY AS REQUIRED BY LAW.
  2.  ALL  MONETARY  CONTRIBUTIONS  AND ALL MATCHING FUNDS ACCEPTED BY A
CANDIDATE'S AUTHORIZED COMMITTEE SHALL BE DEPOSITED INTO AN ACCOUNT WITH
A BANK LICENSED BY THE DEPARTMENT OF FINANCIAL SERVICES HELD IN THE NAME
OF THE AUTHORIZED  POLITICAL  COMMITTEE  WITHIN  TEN  BUSINESS  DAYS  OF
RECEIPT.  EACH AUTHORIZED COMMITTEE SHALL HAVE NO MORE THAN ONE CHECKING
ACCOUNT. MONETARY CONTRIBUTIONS,  OTHER  THAN  MATCHING  FUNDS,  MAY  BE
INVESTED IN ACCORDANCE WITH THE PROVISIONS OF LAW RELATING THERETO.
  3.  CONTRIBUTIONS  TO  CANDIDATES IN COVERED ELECTIONS SHALL, FOR EACH
ELECTION CYCLE, IN ALL OTHER RESPECTS, BE SUBJECT TO THE LIMITATIONS AND
PROVISIONS OF TITLE ONE OF THIS ARTICLE.
  S 14-206. PROOF OF COMPLIANCE.  CANDIDATES  AND  POLITICAL  COMMITTEES
SHALL  MAINTAIN  SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR A COVERED
ELECTION AS MAY BE REQUIRED BY THE CAMPAIGN  FINANCE  BOARD.  CANDIDATES
AND  POLITICAL  COMMITTEES  SHALL  OBTAIN  AND  FURNISH TO THE BOARD ANY
INFORMATION IT MAY REQUEST RELATING TO  THE  FINANCIAL  TRANSACTIONS  OR
CONTRIBUTIONS  OF  CANDIDATES  AND POLITICAL COMMITTEES AND FURNISH SUCH
DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS TITLE  AS  MAY  BE
REQUESTED  BY THE BOARD. CANDIDATES AND POLITICAL COMMITTEES SHALL MAIN-
TAIN COPIES OF SUCH RECORDS FOR A  PERIOD  OF  FIVE  YEARS  FOLLOWING  A
GENERAL ELECTION.
  S  14-208.  ELIGIBILITY. 1. TO BE ELIGIBLE FOR MATCHING FUNDS PURSUANT
TO THIS TITLE, A CANDIDATE MUST: (A) BE A CANDIDATE FOR THE  OFFICES  OF
GOVERNOR,  LIEUTENANT  GOVERNOR,  STATE  COMPTROLLER,  ATTORNEY GENERAL,
MEMBER OF THE ASSEMBLY, STATE SENATOR OR DELEGATE  TO  A  CONSTITUTIONAL
CONVENTION  IN  A  COVERED ELECTION; (B) SATISFY ALL THE REQUIREMENTS OF
LAW TO HAVE HIS OR HER NAME ON THE BALLOT; (C) IN THE CASE OF A  COVERED
GENERAL  ELECTION,  BE OPPOSED BY ANOTHER CANDIDATE ON THE BALLOT WHO IS
NOT A WRITE-IN CANDIDATE; (D) SUBMIT A CERTIFICATION IN THE FORM  OF  AN
AFFIDAVIT,  IN  SUCH  FORM  AS MAY BE PRESCRIBED BY THE CAMPAIGN FINANCE
BOARD, THAT SETS FORTH HIS OR HER AGREEMENT TO COMPLY WITH THE TERMS AND
CONDITIONS FOR THE PROVISION OF SUCH  FUNDS  IN  EACH  COVERED  ELECTION
WHICH  SHALL  BE  FILED  WITH  SUCH BOARD NO LATER THAN JUNE FIRST OF AN
ELECTION YEAR; (E) BE CERTIFIED AS A  PARTICIPATING  CANDIDATE  BY  SUCH
BOARD  NOT  LATER THAN TWO WEEKS AFTER THE FILING OF SUCH AFFIDAVIT; (F)
NOT MAKE, AND NOT HAVE MADE, EXPENDITURES  FROM,  OR  USE,  HIS  OR  HER
PERSONAL  FUNDS  OR  PROPERTY OR PERSONAL FUNDS OR PROPERTY JOINTLY HELD
WITH HIS OR HER SPOUSE, DOMESTIC PARTNER, OR CHILD  IN  CONNECTION  WITH
HIS  OR  HER  NOMINATION  FOR  ELECTION  OR ELECTION TO A COVERED OFFICE
EXCEPT AS A CONTRIBUTION TO HIS OR HER AUTHORIZED COMMITTEE IN AN AMOUNT
THAT EXCEEDS THE APPLICABLE CONTRIBUTION LIMIT OF AN INDIVIDUAL CONTRIB-
UTOR TO CANDIDATES FOR THE OFFICE THAT HE OR SHE IS  SEEKING;  (G)  MEET
THE  THRESHOLD  FOR  ELIGIBILITY  SET  FORTH  IN SUBDIVISION TWO OF THIS
SECTION; AND (H) ABIDE BY THE REQUIREMENTS SET FORTH IN THIS  TITLE  AND
CHAPTER DURING THE POST-ELECTION PERIOD.
  2.  THE THRESHOLD FOR ELIGIBILITY FOR MATCHING FUNDS FOR CANDIDATES IN
A PRIMARY, GENERAL OR SPECIAL ELECTION FOR THE FOLLOWING  OFFICES  SHALL
BE:
  (A) GOVERNOR IN A PRIMARY OR GENERAL ELECTION. THE RECEIPT OF NOT LESS
THAN  SIX HUNDRED FIFTY THOUSAND DOLLARS FROM AT LEAST SIX THOUSAND FIVE
HUNDRED MATCHABLE CONTRIBUTIONS IN SINGLE AMOUNTS OF NO  MORE  THAN  TWO
HUNDRED FIFTY DOLLARS FROM NATURAL PERSONS RESIDING IN THE STATE;
  (B) LIEUTENANT GOVERNOR IN A PRIMARY ELECTION AND STATE COMPTROLLER OR
ATTORNEY  GENERAL  IN  A PRIMARY OR GENERAL ELECTION. THE RECEIPT OF NOT

S. 4897                            15

LESS THAN TWO HUNDRED THOUSAND DOLLARS FROM AT LEAST TWO THOUSAND MATCH-
ABLE CONTRIBUTIONS IN SINGLE AMOUNTS OF NO MORE THAN TWO  HUNDRED  FIFTY
DOLLARS FROM NATURAL PERSONS RESIDING IN THE STATE;
  (C)  STATE  SENATORS  IN  A  PRIMARY, GENERAL OR SPECIAL ELECTION. THE
RECEIPT OF NOT LESS THAN TWENTY THOUSAND DOLLARS IN  MATCHABLE  CONTRIB-
UTIONS  IN SINGLE AMOUNTS OF NO MORE THAN TWO HUNDRED FIFTY DOLLARS FROM
NATURAL PERSONS RESIDING IN THE STATE, INCLUDING AT LEAST  TEN  THOUSAND
DOLLARS  FROM AT LEAST ONE HUNDRED CONTRIBUTORS WHO RESIDE IN THE SENATE
DISTRICT OR RESIDE IN ANY PORTION OF ANY COUNTY  WHICH  CONSTITUTES  ANY
MEASURE OF THE DISTRICT IN WHICH THE SEAT IS TO BE FILLED;
  (D) MEMBERS OF THE ASSEMBLY IN A PRIMARY, GENERAL OR SPECIAL ELECTION.
THE  RECEIPT OF NOT LESS THAN TEN THOUSAND DOLLARS IN MATCHABLE CONTRIB-
UTIONS IN SINGLE AMOUNTS OF NO MORE THAN TWO HUNDRED FIFTY DOLLARS  FROM
NATURAL  PERSONS RESIDING IN THE STATE, INCLUDING AT LEAST FIVE THOUSAND
DOLLARS FROM AT LEAST FIFTY CONTRIBUTORS  WHO  RESIDE  IN  THE  ASSEMBLY
DISTRICT  OR  RESIDE  IN ANY PORTION OF ANY COUNTY WHICH CONSTITUTES ANY
MEASURE OF THE DISTRICT IN WHICH THE SEAT IS TO BE FILLED;
  (E) AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION IN A PRIMARY OR A
GENERAL ELECTION. THE RECEIPT OF NOT LESS THAN TWENTY  THOUSAND  DOLLARS
IN MATCHABLE CONTRIBUTIONS IN SINGLE AMOUNTS OF NO MORE THAN TWO HUNDRED
FIFTY DOLLARS FROM NATURAL PERSONS RESIDING IN THE STATE; AND
  (F)  DISTRICT  DELEGATE TO A CONSTITUTIONAL CONVENTION IN A PRIMARY OR
GENERAL ELECTION. THE RECEIPT OF NOT LESS THAN FIVE THOUSAND DOLLARS  IN
AT LEAST FIFTY MATCHABLE CONTRIBUTIONS IN SINGLE AMOUNTS OF NO MORE THAN
TWO  HUNDRED FIFTY DOLLARS FROM NATURAL PERSONS RESIDING IN THE DISTRICT
OR IN THE CONSTITUENT COUNTY OR RESIDING IN ANY PORTION  OF  ANY  COUNTY
WHICH CONSTITUTES ANY MEASURE OF THE DISTRICT IN WHICH THE SEAT IS TO BE
FILLED.
  3.  (A)  CANDIDATES WHO ARE CONTESTED IN A PRIMARY ELECTION AND WHO DO
NOT SEEK MATCHING FUNDS SHALL NOT BE ELIGIBLE FOR MATCHING FUNDS FOR THE
GENERAL ELECTION IN THAT YEAR. THE PROVISIONS OF THIS SUBDIVISION  SHALL
NOT APPLY TO CANDIDATES FOR THE OFFICE OF LIEUTENANT GOVERNOR.
  (B)  CANDIDATES  WHO  ARE  UNOPPOSED  IN A GENERAL OR SPECIAL ELECTION
SHALL NOT BE ELIGIBLE TO RECEIVE MATCHING FUNDS.
  (C) NO CANDIDATE FOR ELECTION TO AN OFFICE IN A  PRIMARY,  GENERAL  OR
SPECIAL  ELECTION  WHO  HAS  ELECTED  TO  PARTICIPATE  IN  THE VOLUNTARY
CAMPAIGN FINANCING SYSTEM SHALL BE DEEMED OPPOSED AND  BE  ELIGIBLE  FOR
MATCHING  FUNDS UNLESS THERE IS AT LEAST ONE OTHER CANDIDATE, AS DEFINED
BY SUBDIVISION SEVEN OF SECTION 14-100 OF THIS ARTICLE FOR  SUCH  OFFICE
FOR SUCH ELECTION.
  (D)  ANY PARTICIPATING CANDIDATE MEETING THE THRESHOLD FOR ELIGIBILITY
IN A PRIMARY ELECTION SHALL BE DEEMED TO  HAVE  MET  THE  THRESHOLD  FOR
ELIGIBILITY  FOR  SUCH  OFFICE  IN  ANY  OTHER ELECTION HELD IN THE SAME
ELECTION CYCLE.
  (E) NO PARTICIPATING CANDIDATE FOR NOMINATION  TO  AN  OFFICE  WHO  IS
UNOPPOSED IN A PRIMARY ELECTION SHALL BE ELIGIBLE FOR MATCHING FOR QUAL-
IFIED  CAMPAIGN  EXPENDITURES,  PROVIDED,  HOWEVER, THAT WHERE A CONTEST
OCCURS IN A PRIMARY FOR THE NOMINATION OF AT LEAST ONE OTHER  PARTY  FOR
OFFICE, THE AUTHORIZED COMMITTEE OF AN UNOPPOSED PARTICIPATING CANDIDATE
FOR  NOMINATION  MAY  RAISE AND SPEND AN AMOUNT EQUAL TO ONE-HALF OF THE
MATCHING FUNDS RECEIPT LIMIT FOR SUCH OFFICE, AS FIXED BY THIS TITLE FOR
CANDIDATES WHO HAVE ELECTED TO ACCEPT MATCHING FUNDS, WITH CONTRIBUTIONS
OF UP TO TWO THOUSAND SIX HUNDRED DOLLARS PER  CONTRIBUTOR  PURSUANT  TO
SECTION 14-204 OF THIS TITLE.
  S  14-212.  PAYMENT  OF  MATCHING FUNDS. 1. NO MATCHING FUNDS SHALL BE
PAID TO AN AUTHORIZED COMMITTEE UNLESS THE CAMPAIGN FINANCE BOARD DETER-

S. 4897                            16

MINES THAT THE PARTICIPATING CANDIDATE HAS QUALIFIED  PURSUANT  TO  THIS
TITLE.  PAYMENT  SHALL  NOT EXCEED THE AMOUNTS SPECIFIED IN THIS SECTION
AND MAY BE MADE ONLY TO THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMIT-
TEE.  NO  MATCHING  FUNDS  SHALL  BE USED EXCEPT TO REIMBURSE OR PAY FOR
QUALIFIED CAMPAIGN EXPENDITURES ACTUALLY AND  LAWFULLY  INCURRED  OR  TO
REPAY LOANS USED TO PAY QUALIFIED CAMPAIGN EXPENDITURES.
  2.  IF  THE THRESHOLD FOR ELIGIBILITY IS MET, THE PARTICIPATING CANDI-
DATE'S AUTHORIZED COMMITTEE SHALL RECEIVE PAYMENT FOR QUALIFIED CAMPAIGN
EXPENDITURES OF SIX DOLLARS OF MATCHING FUNDS FOR  EACH  ONE  DOLLAR  OF
MATCHABLE CONTRIBUTIONS FOR A PRIMARY ELECTION AND SIX DOLLARS OF MATCH-
ING  FUNDS  FOR EACH ONE DOLLAR OF MATCHABLE CONTRIBUTIONS FOR A GENERAL
OR SPECIAL ELECTION FOR ALL MATCHABLE CONTRIBUTIONS RECEIVED AFTER JANU-
ARY FIRST OF THE YEAR IN WHICH SUCH PRIMARY OR GENERAL  ELECTION  TO  BE
HELD AND REPORTED TO THE BOARD.
  3.  (A)  MATCHING FUNDS RECEIVED BY PARTICIPATING CANDIDATES AND THEIR
AUTHORIZED COMMITTEES IN A PRIMARY ELECTION SHALL NOT EXCEED:
  (I) THE SUM OF FIVE MILLION FIVE  HUNDRED  THOUSAND  DOLLARS  FOR  THE
OFFICE OF GOVERNOR;
  (II)  THE  SUM OF TWO MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS FOR
THE OFFICES OF  LIEUTENANT  GOVERNOR,  STATE  COMPTROLLER  AND  ATTORNEY
GENERAL;
  (III)  THE  SUM  OF EIGHT HUNDRED TWENTY-FIVE THOUSAND DOLLARS FOR THE
OFFICE OF STATE SENATOR;
  (IV) THE SUM OF FOUR HUNDRED TWELVE THOUSAND FIVE HUNDRED DOLLARS  FOR
THE OFFICE OF MEMBER OF THE ASSEMBLY;
  (V)  THE  SUM  OF  ONE  HUNDRED  SEVENTY-FIVE  THOUSAND DOLLARS FOR AN
AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION; AND
  (VI) THE SUM OF FIFTY THOUSAND DOLLARS FOR A DISTRICT  DELEGATE  TO  A
CONSTITUTIONAL CONVENTION.
  (B)  MATCHING  FUNDS  RECEIVED  BY  PARTICIPATING CANDIDATES AND THEIR
AUTHORIZED COMMITTEES IN A GENERAL OR SPECIAL ELECTION SHALL NOT EXCEED:
  (I) THE SUM OF EIGHT MILLION TWO HUNDRED FIFTY  THOUSAND  DOLLARS  FOR
THE OFFICES OF GOVERNOR AND LIEUTENANT GOVERNOR;
  (II)  THE SUM OF FOUR MILLION ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS
FOR THE OFFICES OF STATE COMPTROLLER AND ATTORNEY GENERAL;
  (III) THE SUM OF EIGHT HUNDRED TWENTY-FIVE THOUSAND  DOLLARS  FOR  THE
OFFICE OF STATE SENATOR;
  (IV)  THE SUM OF FOUR HUNDRED TWELVE THOUSAND FIVE HUNDRED DOLLARS FOR
THE OFFICE OF MEMBER OF THE ASSEMBLY;
  (V) THE SUM OF  ONE  HUNDRED  SEVENTY-FIVE  THOUSAND  DOLLARS  FOR  AN
AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION; AND
  (VI)  THE  SUM  OF FIFTY THOUSAND DOLLARS FOR A DISTRICT DELEGATE TO A
CONSTITUTIONAL CONVENTION.
  4. NO MATCHING FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES  IN
A  PRIMARY  ELECTION  ANY  EARLIER  THAN  THE DAY THAT SUCH CANDIDATE IS
CERTIFIED AS BEING ON THE BALLOT FOR SUCH PRIMARY ELECTION.
  5. NO MATCHING FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES  IN
A GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF THE PRIMARY
ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
  6.  NO MATCHING FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN  DECLARED
INVALID  BY  THE  APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
JURISDICTION UNTIL AND UNLESS SUCH  FINDING  IS  REVERSED  BY  A  HIGHER
AUTHORITY.  NO  PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDI-
DATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON  THE  DATE  OF  SUCH
DISQUALIFICATION  OR  INVALIDATION  MAY  THEREAFTER  BE EXPENDED FOR ANY

S. 4897                            17

PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE. ALL
SUCH MONEYS SHALL BE REPAID TO THE FUND.
  7. THE COMMISSIONER OF TAXATION AND FINANCE SHALL MAKE ALL PAYMENTS OF
MATCHING  FUNDS  TO PARTICIPATING CANDIDATES AS SOON AS PRACTICABLE, BUT
NO LATER THAN FIVE DAYS AFTER SUBMISSION BY THE PARTICIPATING  CANDIDATE
OF  A  CAMPAIGN  CONTRIBUTION  REPORT  FILED  WITH  THE  STATE  BOARD OF
ELECTIONS IN COMPLIANCE WITH THIS ARTICLE. THE  CAMPAIGN  FINANCE  BOARD
SHALL  VERIFY  ELIGIBILITY FOR AND AMOUNT OF MATCHING FUNDS WITHIN THREE
DAYS AFTER RECEIPT OF SUCH CONTRIBUTION REPORT.  UPON  DETERMINATION  OF
ELIGIBILITY  OF  A  PARTICIPATING  CANDIDATE  FOR  MATCHING FUNDS AND OF
AMOUNT OF SUCH MATCHING FUNDS, THE CAMPAIGN FINANCE BOARD  SHALL  SUBMIT
WITHIN  ONE  DAY  A DULY APPROVED, CERTIFIED AND EXECUTED VOUCHER TO THE
DEPARTMENT OF TAXATION AND FINANCE REQUESTING PAYMENT OF  SUCH  MATCHING
FUNDS AND PAYMENT THEREOF SHALL BE MADE TO THE PARTICIPATING CANDIDATE'S
AUTHORIZED  COMMITTEE  NOT  LESS  THAN  ONE  DAY  AFTER  SUCH VOUCHER IS
RECEIVED BY THE DEPARTMENT OF TAXATION AND FINANCE. IF ANY OF  THE  TIME
LIMITS  IN  THIS TITLE FOR PAYMENT FALL ON A WEEKEND OR HOLIDAY, PAYMENT
SHALL BE MADE ON THE NEXT BUSINESS DAY.
  8. THE CAMPAIGN FINANCE BOARD  AND  THE  DEPARTMENT  OF  TAXATION  AND
FINANCE  SHALL  PROMULGATE RULES TO FACILITATE ELECTRONIC FUND TRANSFERS
DIRECTLY FROM THE FUND INTO AN AUTHORIZED COMMITTEE'S BANK ACCOUNT.
  S 14-214. USE OF MATCHING FUNDS; QUALIFIED CAMPAIGN  EXPENDITURES.  1.
MATCHING  FUNDS  PROVIDED UNDER THE PROVISIONS OF THIS TITLE MAY BE USED
ONLY BY AN AUTHORIZED COMMITTEE FOR EXPENDITURES TO FURTHER THE  PARTIC-
IPATING  CANDIDATE'S  NOMINATION  FOR  ELECTION,  OR ELECTION, INCLUDING
PAYMENT FOR DEBTS INCURRED WITHIN ONE YEAR BEFORE AN ELECTION TO FURTHER
THE PARTICIPATING CANDIDATE'S NOMINATION FOR ELECTION OR ELECTION.
  2. SUCH MATCHING FUNDS MAY NOT BE USED FOR: (A)  AN  EXPENDITURE  THAT
VIOLATES ANY LAW OR REGULATION; (B) AN EXPENDITURE IN EXCESS OF THE FAIR
MARKET VALUE OF SERVICES, MATERIALS, FACILITIES OR OTHER ITEM OF SIGNIF-
ICANT  VALUE  RECEIVED  IN  EXCHANGE;  (C) AN EXPENDITURE MADE AFTER THE
CANDIDATE HAS BEEN FINALLY DISQUALIFIED FROM THE BALLOT; (D) AN EXPENDI-
TURE FOR AN OBLIGATION INCURRED AFTER THE ONLY REMAINING OPPONENT OF THE
CANDIDATE HAS BEEN FINALLY DISQUALIFIED FROM THE BALLOT; (E) AN EXPENDI-
TURE MADE BY CASH PAYMENT; (F) A CONTRIBUTION OR LOAN  MADE  TO  ANOTHER
CANDIDATE  OR  POLITICAL  COMMITTEE;  (G)  AN  EXPENDITURE TO SUPPORT OR
OPPOSE ANOTHER CANDIDATE  OR  POLITICAL  COMMITTEE;  (H)  GIFTS,  EXCEPT
BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED CAMPAIGN MATERIAL; (I) LEGAL
FEES TO DEFEND AGAINST A CRIMINAL CHARGE; OR (J) A PAYMENT TO AN IMMEDI-
ATE FAMILY MEMBER OF THE PARTICIPATING CANDIDATE.
  S 14-216. CAMPAIGN FINANCE BOARD; GENERAL POWERS AND DUTIES. 1.  THERE
SHALL  BE  A  BOARD  WITHIN  THE  STATE  BOARD OF ELECTIONS KNOWN AS THE
"CAMPAIGN FINANCE BOARD" COMPOSED OF SEVEN MEMBERS, OF WHICH ONE MEMBER,
WHO SHALL BE THE CHAIRPERSON, SHALL BE APPOINTED BY  THE  GOVERNOR  WITH
THE  ADVICE  OR  CONSENT OF THE SENATE, ONE MEMBER SHALL BE APPOINTED BY
THE STATE COMPTROLLER, ONE MEMBER SHALL BE  APPOINTED  BY  THE  ATTORNEY
GENERAL, ONE MEMBER SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE,  ONE  MEMBER  SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY,
ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE  SENATE  AND
ONE  MEMBER  SHALL  BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.
NO MEMBER OF THE CAMPAIGN FINANCE BOARD SHALL HOLD ELECTIVE OFFICE,  NOR
SHALL  ANY MEMBER BE A LOBBYIST AS DEFINED IN SUBDIVISION (A) OF SECTION
ONE-C OF THE LEGISLATIVE LAW.  THE MEMBERS SHALL FIRST BE  APPOINTED  TO
SERVE AS FOLLOWS: (A) TWO MEMBERS, ONE APPOINTED BY THE TEMPORARY PRESI-
DENT  OF  THE  SENATE  AND  ONE  APPOINTED BY THE MINORITY LEADER OF THE
ASSEMBLY FOR A TERM OF TWO YEARS, (B) TWO MEMBERS, ONE APPOINTED BY  THE

S. 4897                            18

MAJORITY  LEADER  OF  THE SENATE AND ONE APPOINTED BY THE SPEAKER OF THE
ASSEMBLY FOR A TERM OF THREE YEARS, (C)  ONE  MEMBER  APPOINTED  BY  THE
ATTORNEY  GENERAL  FOR A TERM OF FOUR YEARS, (D) ONE MEMBER APPOINTED BY
THE  COMPTROLLER  FOR A TERM OF FIVE YEARS AND (E) THE CHAIRPERSON SHALL
SERVE FOR A TERM OF SIX YEARS.   MEMBERS APPOINTED THEREAFTER  SHALL  BE
APPOINTED FOR TERMS OF SIX YEARS.
  2.  EACH  INITIAL  MEMBER'S  TERM SHALL COMMENCE ON JANUARY FIRST, TWO
THOUSAND FOURTEEN. IN CASE OF A VACANCY IN THE OFFICE  OF  A  MEMBER,  A
MEMBER  SHALL  BE APPOINTED ACCORDING TO THE ORIGINAL MANNER OF APPOINT-
MENT. EACH MEMBER SHALL BE A RESIDENT OF  THE  STATE  OF  NEW  YORK  AND
REGISTERED  TO  VOTE  THEREIN.  EACH  MEMBER SHALL AGREE NOT TO MAKE AND
SHALL NOT MAKE CONTRIBUTIONS TO ANY CANDIDATE  OR  AUTHORIZED  COMMITTEE
FOR  NOMINATION FOR ELECTION OR FOR ELECTION TO THE OFFICES OF GOVERNOR,
LIEUTENANT GOVERNOR, STATE COMPTROLLER, ATTORNEY GENERAL, MEMBER OF  THE
ASSEMBLY, STATE SENATOR AND DELEGATE TO A CONSTITUTIONAL CONVENTION.  NO
MEMBER SHALL SERVE AS AN OFFICER OF A POLITICAL PARTY OR COMMITTEE OR BE
A  CANDIDATE OR PARTICIPATE IN ANY CAPACITY IN A CAMPAIGN BY A CANDIDATE
FOR NOMINATION FOR ELECTION, OR FOR ELECTION TO THE OFFICES OF GOVERNOR,
LIEUTENANT GOVERNOR, STATE COMPTROLLER, ATTORNEY GENERAL, MEMBER OF  THE
ASSEMBLY, STATE SENATOR AND DELEGATE TO A CONSTITUTIONAL CONVENTION.  AN
OFFICER OR EMPLOYEE OF THE STATE OR ANY STATE AGENCY SHALL NOT BE ELIGI-
BLE TO BE A MEMBER OF THE CAMPAIGN FINANCE BOARD.
  3.  THE  MEMBERS  OF  THE  CAMPAIGN FINANCE BOARD SHALL BE ENTITLED TO
RECEIVE PAYMENT FOR  ACTUAL  AND  NECESSARY  EXPENSES  INCURRED  IN  THE
PERFORMANCE OF THEIR DUTIES AS MEMBERS OF SUCH BOARD.
  4. A MEMBER OF THE CAMPAIGN FINANCE BOARD MAY BE REMOVED BY HIS OR HER
APPOINTING  AUTHORITY  SOLELY  FOR  SUBSTANTIAL  NEGLECT  OF DUTY, GROSS
MISCONDUCT IN OFFICE, INABILITY TO DISCHARGE THE POWERS OR DUTIES OF THE
OFFICE, OR VIOLATION OF THE PROVISIONS OF THIS  CHAPTER,  AFTER  WRITTEN
NOTICE  AND OPPORTUNITY FOR A PUBLIC HEARING PURSUANT TO RULES DEVELOPED
BY THE CAMPAIGN FINANCE BOARD.
  5. THE CAMPAIGN FINANCE BOARD MAY EMPLOY  OR  SHALL  UTILIZE  EXISTING
STAFF  OF THE STATE BOARD OF ELECTIONS AS MAY BE NECESSARY, INCLUDING AN
EXECUTIVE DIRECTOR  AND  A  COUNSEL,  AND  MAKE  NECESSARY  EXPENDITURES
SUBJECT  TO  APPROPRIATION.   THE CAMPAIGN FINANCE BOARD SHALL RETAIN AN
INDEPENDENT AUDITOR TO PERFORM ONGOING AUDITS OF EACH  COVERED  ELECTION
BY  CONTRACT ENTERED INTO PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE OF
THE STATE FINANCE LAW.
  6. IN ADDITION TO THE ENFORCEMENT POWERS, AND  ANY  OTHER  POWERS  AND
DUTIES SPECIFIED BY LAW, THE CAMPAIGN FINANCE BOARD SHALL:
  (A)  (I)  RENDER  ADVISORY  OPINIONS WITH RESPECT TO QUESTIONS ARISING
UNDER THIS TITLE UPON THE WRITTEN REQUEST OF A CANDIDATE, AN OFFICER  OF
A  POLITICAL  COMMITTEE  OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITI-
ATIVE; (II) PROMULGATE RULES REGARDING REASONABLE TIMES  TO  RESPOND  TO
SUCH REQUESTS; AND (III) MAKE PUBLIC THE QUESTIONS OF INTERPRETATION FOR
WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE CAMPAIGN FINANCE BOARD
AND ITS ADVISORY OPINIONS, INCLUDING BY PUBLICATION ON ITS WEBSITE;
  (B)  DEVELOP  A  PROGRAM FOR INFORMING CANDIDATES AND THE PUBLIC AS TO
THE PURPOSE AND EFFECT OF THE PROVISIONS OF  THIS  TITLE,  INCLUDING  BY
MEANS OF A WEBSITE;
  (C)  HAVE  THE  AUTHORITY TO PROMULGATE SUCH RULES AND REGULATIONS AND
PRESCRIBE SUCH FORMS AS THE CAMPAIGN FINANCE BOARD DEEMS  NECESSARY  FOR
THE ADMINISTRATION OF THIS TITLE; AND
  (D) IN CONJUNCTION WITH THE STATE BOARD OF ELECTIONS DEVELOP AN INTER-
ACTIVE,  SEARCHABLE COMPUTER DATABASE THAT SHALL CONTAIN ALL INFORMATION
NECESSARY FOR THE PROPER ADMINISTRATION OF THIS TITLE INCLUDING INFORMA-

S. 4897                            19

TION ON CONTRIBUTIONS  TO  AND  EXPENDITURES  BY  CANDIDATES  AND  THEIR
AUTHORIZED  COMMITTEES  AND  DISTRIBUTIONS  OF  MONEYS FROM THE FUND AND
SHALL BE ACCESSIBLE TO THE PUBLIC  ON  THE  STATE  BOARD  OF  ELECTIONS'
WEBSITE.
  7.  CONSISTENT WITH THE PROVISIONS OF THE CIVIL SERVICE LAW AND SUBDI-
VISION SEVENTEEN OF SECTION SEVENTY-THREE OF THE  PUBLIC  OFFICERS  LAW,
AND NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, ALL
POSITIONS ON THE STAFF OF THE CAMPAIGN FINANCE BOARD SHALL BE CLASSIFIED
IN THE EXEMPT CLASS OF THE CIVIL SERVICE.
  8.  THE  CAMPAIGN  FINANCE BOARD'S ADMINISTRATION OF THE FUND SHALL BE
GOVERNED BY THE PROVISIONS OF THIS TITLE AND  SECTION  NINETY-NINE-V  OF
THE STATE FINANCE LAW.
  9. THE CAMPAIGN FINANCE BOARD AND ITS PROCEEDINGS SHALL BE GOVERNED BY
THE  STATE  ADMINISTRATIVE PROCEDURE ACT AND SUBJECT TO ARTICLES SIX AND
SEVEN OF THE PUBLIC OFFICERS LAW.
  10. THE CAMPAIGN FINANCE BOARD MAY TAKE  SUCH  OTHER  ACTIONS  AS  ARE
NECESSARY AND PROPER TO CARRY OUT THE PURPOSES OF THIS TITLE.
  S  14-218.  AUDITS  AND  REPAYMENTS.  1. THE CAMPAIGN FINANCE BOARD IS
HEREBY EMPOWERED TO AUDIT AND EXAMINE, PURSUANT  TO  GENERALLY  ACCEPTED
ACCOUNTING  PRINCIPLES,  ALL  MATTERS RELATING TO THE PERFORMANCE OF ITS
FUNCTIONS AND ANY OTHER MATTER RELATING TO THE  ADMINISTRATION  OF  THIS
TITLE.  SUCH  AUDITS  SHALL  BE  CONDUCTED AS FREQUENTLY AS THE CAMPAIGN
FINANCE BOARD DEEMS NECESSARY TO  ENSURE  COMPLIANCE  WITH  THIS  TITLE.
EVERY  CANDIDATE WHO RECEIVES MATCHING FUNDS UNDER THIS TITLE SHALL ALSO
BE AUDITED BY THE CAMPAIGN FINANCE  BOARD  POST-ELECTION.  THE  COST  OF
COMPLYING  WITH  A POST-ELECTION AUDIT SHALL BE BORNE BY THE CANDIDATE'S
AUTHORIZED COMMITTEE. A CANDIDATE WHO HAS RECEIVED MATCHING FUNDS  UNDER
THIS  TITLE MUST MAINTAIN A RESERVE OF AT LEAST ONE PERCENT OF THE TOTAL
AMOUNT OF MATCHING FUNDS RECEIVED  BY  SUCH  CANDIDATE  IN  HIS  OR  HER
CAMPAIGN ACCOUNT TO COMPLY WITH THE POST-ELECTION AUDIT. A CANDIDATE WHO
RUNS  IN  BOTH A PRIMARY AND A GENERAL ELECTION, MUST MAINTAIN A RESERVE
OF ONE PERCENT OF THE TOTAL AMOUNT OF MATCHING FUNDS  RECEIVED  BY  SUCH
CANDIDATE  FOR BOTH HIS OR HER PRIMARY AND GENERAL ELECTION. A CANDIDATE
MAY USE MATCHING FUNDS, PRIVATE FUNDS OR A COMBINATION OF  MATCHING  AND
PRIVATE FUNDS TO COMPLY WITH A POST-ELECTION AUDIT. THE CAMPAIGN FINANCE
BOARD SHALL ISSUE TO EACH CAMPAIGN AUDITED THE FINAL POST-ELECTION AUDIT
REPORT  THAT  DETAILS  ITS  FINDINGS AND SHALL PROVIDE SUCH AUDIT TO THE
GOVERNOR AND LEGISLATIVE LEADERS AND MAKE SUCH AUDIT REPORT AVAILABLE ON
THE STATE BOARD OF ELECTIONS' WEBSITE.
  2. IF THE CAMPAIGN FINANCE BOARD DETERMINES  THAT  ANY  PORTION  OF  A
PAYMENT  MADE  TO  A  CANDIDATE'S  AUTHORIZED  COMMITTEE  FROM  THE FUND
EXCEEDED THE AMOUNT THAT SUCH CANDIDATE WAS ELIGIBLE TO RECEIVE PURSUANT
TO THIS TITLE, THE CAMPAIGN FINANCE BOARD SHALL  NOTIFY  SUCH  COMMITTEE
AND  SUCH  COMMITTEE  SHALL  PAY TO THE CAMPAIGN FINANCE BOARD AN AMOUNT
EQUAL TO THE AMOUNT OF THE EXCESS PAYMENT; PROVIDED,  HOWEVER,  THAT  IF
THE  ERRONEOUS  PAYMENT WAS DUE TO AN ERROR MADE BY THE CAMPAIGN FINANCE
BOARD, THEN THE ERRONEOUS PAYMENT WILL  BE  OFFSET  AGAINST  ANY  FUTURE
PAYMENT, IF ANY. THE PARTICIPATING CANDIDATE AND THE CANDIDATE'S AUTHOR-
IZED  COMMITTEE SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY REPAYMENTS
DUE TO THE CAMPAIGN FINANCE BOARD FOR DEPOSIT BY SUCH BOARD INTO THE NEW
YORK STATE CAMPAIGN FINANCE FUND.
  3. IF THE CAMPAIGN FINANCE BOARD DETERMINES  THAT  ANY  PORTION  OF  A
PAYMENT  MADE  TO  A  CANDIDATE'S AUTHORIZED COMMITTEE FROM THE NEW YORK
STATE CAMPAIGN FINANCE FUND WAS USED FOR PURPOSES OTHER  THAN  QUALIFIED
CAMPAIGN  EXPENDITURES,  THE  CAMPAIGN  FINANCE  BOARD SHALL NOTIFY SUCH
COMMITTEE OF THE AMOUNT SO DISQUALIFIED AND SUCH COMMITTEE SHALL PAY  TO

S. 4897                            20

THE  CAMPAIGN FINANCE BOARD AN AMOUNT EQUAL TO SUCH DISQUALIFIED AMOUNT.
SUCH MONIES SHALL BE DEPOSITED INTO THE NEW YORK STATE CAMPAIGN  FINANCE
FUND  ESTABLISHED PURSUANT TO SECTION NINETY-NINE-V OF THE STATE FINANCE
LAW.    THE  CANDIDATE AND THE CANDIDATE'S AUTHORIZED COMMITTEE SHALL BE
JOINTLY AND SEVERALLY LIABLE FOR ANY  REPAYMENTS  DUE  TO  THE  CAMPAIGN
FINANCE BOARD.
  4.  A  PARTICIPATING CANDIDATE SHALL PAY TO THE CAMPAIGN FINANCE BOARD
FOR DEPOSIT INTO THE CAMPAIGN FINANCE FUND UNSPENT MATCHING FUNDS FOR AN
ELECTION NOT LATER THAN  THIRTY  DAYS  AFTER  ALL  LIABILITIES  FOR  THE
ELECTION CAMPAIGN HAVE BEEN PAID AND IN ANY EVENT, NOT LATER THAN TWENTY
DAYS AFTER THE DATE ON WHICH THE CAMPAIGN FINANCE BOARD ISSUES ITS FINAL
AUDIT  REPORT  FOR  THE  PARTICIPATING  CANDIDATE'S COMMITTEE; PROVIDED,
HOWEVER, THAT ALL UNSPENT MATCHING FUNDS FOR A  PARTICIPATING  CANDIDATE
SHALL  BE  IMMEDIATELY DUE AND PAYABLE TO THE CAMPAIGN FINANCE BOARD FOR
DEPOSIT INTO THE NEW YORK STATE CAMPAIGN FINANCE FUND UPON ITS  DETERMI-
NATION  THAT  THE  PARTICIPANT WILLFULLY DELAYED THE POST-ELECTION AUDIT
PROCESS. A PARTICIPATING CANDIDATE MAY MAKE  POST-ELECTION  EXPENDITURES
ONLY  FOR  ROUTINE  ACTIVITIES  INVOLVING  NOMINAL COSTS ASSOCIATED WITH
WINDING UP A CAMPAIGN AND RESPONDING TO THE POST-ELECTION AUDIT PURSUANT
TO SECTION 14-228 OF THIS TITLE. FOR ACCOUNTING  PURPOSES,  ALL  PRIVATE
AND PERSONAL CONTRIBUTIONS SHALL BE CONSIDERED SPENT BEFORE REVENUE FROM
THE FUND IS SPENT OR COMMITTED.
  S 14-220. CIVIL ENFORCEMENT. 1. ANY PERSON OR AUTHORIZED COMMITTEE WHO
KNOWINGLY  AND  WILLFULLY  FAILS  TO  MAKE  A  FILING AS REQUIRED BY THE
PROVISIONS OF THIS TITLE SHALL BE SUBJECT TO A FINE TO BE IMPOSED BY THE
CAMPAIGN FINANCE BOARD IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS.
  2. ANY PERSON OR AUTHORIZED  COMMITTEE  WHO  KNOWINGLY  AND  WILLFULLY
VIOLATES ANY OTHER PROVISION OF THIS TITLE OR ANY RULE PROMULGATED HERE-
UNDER  SHALL  BE SUBJECT TO A FINE TO BE IMPOSED BY THE CAMPAIGN FINANCE
BOARD IN AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS.
  3. FINES AUTHORIZED UNDER THIS SECTION WILL BE IMPOSED BY THE CAMPAIGN
FINANCE BOARD AFTER A HEARING AT WHICH THE SUBJECT PERSON OR  AUTHORIZED
COMMITTEE  SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD. SUCH HEARING SHALL
BE HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY BE PRESCRIBED BY  THE
RULES  OF  THE  CAMPAIGN  FINANCE BOARD. FOR PURPOSES OF CONDUCTING SUCH
HEARINGS, THE CAMPAIGN FINANCE BOARD SHALL BE DEEMED  TO  BE  AN  AGENCY
WITHIN  THE  MEANING OF ARTICLE THREE OF THE STATE ADMINISTRATIVE PROCE-
DURE ACT AND SHALL ADOPT RULES GOVERNING  THE  CONDUCT  OF  ADJUDICATORY
PROCEEDINGS  AND  APPEALS TAKEN PURSUANT TO A PROCEEDING COMMENCED UNDER
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND  RULES  RELATING  TO
THE ASSESSMENT OF THE FINES HEREIN AUTHORIZED.
  4.  THE  CAMPAIGN  FINANCE  BOARD  SHALL PUBLISH ON THE STATE BOARD OF
ELECTIONS' WEBSITE THE  FINAL  ORDER  ADJUDICATING  ANY  MATTER  BROUGHT
PURSUANT TO THIS SECTION.
  5.  ANY  FINES  IMPOSED BY THE CAMPAIGN FINANCE BOARD PURSUANT TO THIS
SECTION SHALL BE DEPOSITED INTO THE  NEW  YORK  STATE  CAMPAIGN  FINANCE
FUND.
  S 14-222. CRIMINAL PENALTIES. 1. ANY PERSON WHO KNOWINGLY AND WILLFUL-
LY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS OF THIS TITLE WITH-
IN  TEN  DAYS AFTER THE DATE PROVIDED FOR SUCH, OR ANYONE THAT KNOWINGLY
AND WILLFULLY VIOLATES ANY OTHER PROVISION OF THIS TITLE SHALL BE GUILTY
OF A MISDEMEANOR AND, IN ADDITION TO SUCH  OTHER  PENALTIES  AS  MAY  BE
PROVIDED  BY LAW, SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT OF
TEN THOUSAND DOLLARS.
  2. ANY PERSON WHO KNOWINGLY AND WILLFULLY CONTRIBUTES, ACCEPTS OR AIDS
OR PARTICIPATES IN THE CONTRIBUTION OR ACCEPTANCE OF A  CONTRIBUTION  IN

S. 4897                            21

AN  AMOUNT  EXCEEDING  AN  APPLICABLE  MAXIMUM SPECIFIED IN THIS ARTICLE
SHALL BE GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A FINE  NOT  TO
EXCEED THE AMOUNT OF TEN THOUSAND DOLLARS.
  3. ANY PERSON WHO KNOWINGLY MAKES A FALSE STATEMENT OR KNOWINGLY OMITS
A  MATERIAL  FACT TO THE CAMPAIGN FINANCE BOARD OR AN AUDITOR DESIGNATED
BY THE CAMPAIGN FINANCE BOARD DURING ANY  AUDIT  CONDUCTED  PURSUANT  TO
SECTION 14-218 OF THIS TITLE SHALL BE GUILTY OF A CLASS E FELONY.
  4.  IN  ADDITION ANY OTHER SENTENCE LAWFULLY IMPOSED UPON A FINDING OF
GUILT IN A CRIMINAL PROSECUTION COMMENCED PURSUANT TO THE PROVISIONS  OF
THIS  SECTION,  THE COURT MAY ORDER A DEFENDANT TO REPAY TO THE CAMPAIGN
FINANCE BOARD ANY MATCHING FUNDS OBTAINED AS A RESULT  OF  ANY  CRIMINAL
CONDUCT.
  5. ALL SUCH PROSECUTIONS FOR CRIMINAL ACTS UNDER THIS ARTICLE SHALL BE
PROSECUTED BY THE ATTORNEY GENERAL.
  6.  ANY  AND  ALL FINES IMPOSED PURSUANT TO THIS SECTION SHALL BE MADE
PAYABLE TO THE CAMPAIGN FINANCE BOARD FOR  DEPOSIT  INTO  THE  NEW  YORK
STATE CAMPAIGN FINANCE FUND.
  S 14-224. REPORTS. THE CAMPAIGN FINANCE BOARD SHALL SUBMIT A REPORT TO
THE  GOVERNOR  AND  LEGISLATIVE LEADERS ON OR BEFORE FEBRUARY FIRST, TWO
THOUSAND SEVENTEEN, AND EVERY TWO YEARS THEREAFTER, WHICH SHALL INCLUDE:
  1. A LIST OF THE  PARTICIPATING  AND  NONPARTICIPATING  CANDIDATES  IN
COVERED  ELECTIONS  AND  THE  VOTES  RECEIVED BY EACH CANDIDATE IN THOSE
ELECTIONS;
  2. THE AMOUNT OF CONTRIBUTIONS AND LOANS  RECEIVED,  AND  EXPENDITURES
MADE, ON BEHALF OF PARTICIPATING AND NONPARTICIPATING CANDIDATES;
  3. THE AMOUNT OF MATCHING FUNDS EACH PARTICIPATING CANDIDATE RECEIVED,
SPENT AND REPAID PURSUANT TO THIS ARTICLE;
  4.  ANALYSIS  OF THE EFFECT OF THIS TITLE ON THE ELECTION CAMPAIGN FOR
THE OFFICES OF GOVERNOR, LIEUTENANT GOVERNOR, STATE COMPTROLLER,  ATTOR-
NEY  GENERAL,  MEMBER  OF  THE ASSEMBLY, STATE SENATOR AND DELEGATE TO A
CONSTITUTIONAL CONVENTION, INCLUDING  ITS  EFFECT  ON  THE  SOURCES  AND
AMOUNTS  OF PRIVATE FINANCING, THE LEVEL OF CAMPAIGN EXPENDITURES, VOTER
PARTICIPATION, THE NUMBER OF CANDIDATES, THE  CANDIDATES'  ABILITIES  TO
CAMPAIGN  EFFECTIVELY FOR PUBLIC OFFICE, AND THE DIVERSITY OF CANDIDATES
SEEKING AND ELECTED TO OFFICE;
  5. RECOMMENDATIONS FOR CHANGES OR AMENDMENTS TO THIS TITLE,  INCLUDING
CHANGES IN CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY AND LIMITS ON
TOTAL MATCHING FUNDS; AND
  6.  ANY  OTHER INFORMATION THAT THE CAMPAIGN FINANCE BOARD DEEMS RELE-
VANT.
  S 14-226. DEBATES. THE CAMPAIGN FINANCE BOARD SHALL  PROMULGATE  REGU-
LATIONS  TO  FACILITATE  DEBATES AMONG PARTICIPATING CANDIDATES. PARTIC-
IPATING CANDIDATES ARE REQUIRED TO PARTICIPATE IN AT  LEAST  ONE  DEBATE
BEFORE THE PRIMARY ELECTION AND IN AT LEAST ONE DEBATE BEFORE THE GENER-
AL  ELECTION  FOR  WHICH THE CANDIDATE RECEIVES PUBLIC FUNDS, UNLESS THE
PARTICIPATING CANDIDATE IS RUNNING UNOPPOSED. A NONPARTICIPATING  CANDI-
DATE MAY BE A PARTY TO SUCH DEBATES.
  S  14-228.  DISTRIBUTIONS  FROM CAMPAIGN FINANCE FUND. 1. THIS SECTION
GOVERNS THE CAMPAIGN FINANCE BOARD'S  DISTRIBUTION  OF  FUNDS  FROM  THE
CAMPAIGN  FINANCE FUND ESTABLISHED BY SECTION NINETY-NINE-V OF THE STATE
FINANCE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE.
  2. NO MONEYS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO HAS BEEN
DISQUALIFIED  BY  THE  CAMPAIGN  FINANCE  BOARD  OR  WHOSE   DESIGNATING
PETITIONS  HAVE BEEN DECLARED INVALID BY THE STATE BOARD OF ELECTIONS OR
A COURT OF COMPETENT JURISDICTION  UNTIL  AND  UNLESS  SUCH  FINDING  IS
REVERSED BY AN APPELLATE COURT.

S. 4897                            22

  3.  NO  PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDIDATE OR
SUCH A CANDIDATE'S AUTHORIZED COMMITTEE ON THE DATE  OF  SUCH  DISQUALI-
FICATION  OR  INVALIDATION  MAY  THEREAFTER  BE EXPENDED FOR ANY PURPOSE
EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE THAT DATE.  ALL EXCESS
MATCHING  MONEYS  PAID  TO A DISQUALIFIED CANDIDATE SHALL BE RETURNED TO
THE FUND NOT LESS THAN THIRTY DAYS AFTER THE GENERAL ELECTION FOR  THOSE
PARTICIPATING  CANDIDATES  WHO  RECEIVED MATCHING MONEYS FOR THE GENERAL
ELECTION, AND OTHERWISE, NOT LESS THAN THIRTY  DAYS  AFTER  THE  PRIMARY
ELECTION FOR THOSE PARTICIPATING CANDIDATES WHO RECEIVED MATCHING MONEYS
SOLELY FOR THE PRIMARY ELECTION.
  4.  (A)  PARTICIPATING  CANDIDATES  SHALL  PAY TO THE CAMPAIGN FINANCE
BOARD UNSPENT MATCHING CAMPAIGN FUNDS FROM AN ELECTION  NOT  LATER  THAN
THIRTY  DAYS  AFTER ALL LIABILITIES FOR THE ELECTION HAVE BEEN PAID AND,
IN ANY EVENT, NOT LESS THAN TWENTY DAYS AFTER THE DATE  UPON  WHICH  THE
CAMPAIGN FINANCE BOARD ISSUES ITS FINAL AUDIT REPORT FOR THE PARTICIPAT-
ING  CANDIDATE'S COMMITTEE; PROVIDED, HOWEVER, THAT ALL UNSPENT MATCHING
CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE SHALL  BE  IMMEDIATELY  DUE
AND  PAYABLE  TO  THE CAMPAIGN FINANCE BOARD UPON ITS DETERMINATION THAT
THE PARTICIPATING CANDIDATE HAS, WITHOUT JUST CAUSE, DELAYED THE POST-E-
LECTION AUDIT PROCESS. UNSPENT MATCHING  CAMPAIGN  FUNDS  DETERMINATIONS
MADE  BY  THE CAMPAIGN FINANCE BOARD SHALL BE BASED ON THE PARTICIPATING
CANDIDATE COMMITTEE'S RECEIPTS AND EXPENDITURES.  THE  CAMPAIGN  FINANCE
BOARD  MAY  ALSO CONSIDER ANY OTHER RELEVANT INFORMATION REVEALED IN THE
COURSE OF ITS AUDITS OR INVESTIGATIONS  OR  THE  INVESTIGATIONS  BY  ANY
OTHER AGENCY.
  (B) (I) A PARTICIPATING CANDIDATE MAY NOT USE RECEIPTS FOR ANY PURPOSE
OTHER  THAN  DISBURSEMENTS  IN  THE PRECEDING ELECTION UNTIL ALL UNSPENT
MATCHING CAMPAIGN FUNDS HAVE  BEEN  REPAID.  A  PARTICIPATING  CANDIDATE
SHALL  HAVE THE BURDEN OF DEMONSTRATING THAT A POST-ELECTION EXPENDITURE
IS FOR THE PRECEDING ELECTION.
  (II) BEFORE REPAYING UNSPENT MATCHING CAMPAIGN FUNDS, A  PARTICIPATING
CANDIDATE  MAY  MAKE  POST-ELECTION EXPENDITURES ONLY FOR ROUTINE ACTIV-
ITIES INVOLVING NOMINAL COSTS ASSOCIATED WITH WINDING UP A CAMPAIGN  AND
RESPONDING  TO  THE  POST-ELECTION AUDIT. SUCH EXPENDITURES MAY INCLUDE:
PAYMENT OF  UTILITY  BILLS  AND  RENT;  REASONABLE  STAFF  SALARIES  AND
CONSULTANT  FEES  FOR  RESPONDING  TO  A POST-ELECTION AUDIT; REASONABLE
MOVING EXPENSES RELATED TO CLOSING A CAMPAIGN  OFFICE;  A  HOLIDAY  CARD
MAILING  TO  CONTRIBUTORS, CAMPAIGN VOLUNTEERS, AND STAFF MEMBERS; THANK
YOU NOTES FOR CONTRIBUTORS,  CAMPAIGN  VOLUNTEERS,  AND  STAFF  MEMBERS;
PAYMENT  OF  TAXES  AND  OTHER  REASONABLE  EXPENSES FOR COMPLIANCE WITH
APPLICABLE  TAX  LAWS;  AND  INTEREST  EXPENSES.  ROUTINE  POST-ELECTION
EXPENDITURES  THAT  MAY BE PAID FOR WITH UNSPENT MATCHING CAMPAIGN FUNDS
DO NOT INCLUDE SUCH  ITEMS  AS  POST-ELECTION  MAILINGS  OTHER  THAN  AS
SPECIFICALLY PROVIDED FOR IN THIS SUBPARAGRAPH; MAKING CONTRIBUTIONS; OR
HOLDING  ANY POST-ELECTION DAY EVENT, INCLUDING, BUT NOT LIMITED TO, ANY
MEAL OR ANY PARTY. UNSPENT CAMPAIGN FUNDS MAY NOT BE USED FOR TRANSITION
OR INAUGURATION ACTIVITIES.
  5. ALL MONIES RECEIVED BY THE CAMPAIGN FINANCE BOARD PURSUANT TO  THIS
SECTION SHALL BE DEPOSITED INTO THE NEW YORK STATE CAMPAIGN FINANCE FUND
PURSUANT TO SECTION NINETY-NINE-V OF THE STATE FINANCE LAW.
  S  16.  The  election law is amended by adding a new section 16-103 to
read as follows:
  S 16-103. PROCEEDINGS AS TO MATCHING FUNDS. 1.  THE  DETERMINATION  OF
ELIGIBILITY  PURSUANT TO SECTION 14-208 OF THIS CHAPTER AND ANY QUESTION
OR ISSUE RELATING TO PAYMENTS FOR QUALIFIED CAMPAIGN EXPENDITURES PURSU-
ANT TO SECTION 14-212 OF THIS CHAPTER MAY BE CONTESTED IN  A  PROCEEDING

S. 4897                            23

INSTITUTED  IN THE SUPREME COURT, ALBANY COUNTY, BY ANY AGGRIEVED CANDI-
DATE.
  2. A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY OR
PAYMENT  FOR  QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO SECTION 14-212
OF THIS CHAPTER SHALL BE INSTITUTED WITHIN SEVEN DAYS AFTER SUCH  DETER-
MINATION  WAS  MADE. THE CAMPAIGN FINANCE BOARD SHALL BE MADE A PARTY TO
ANY SUCH PROCEEDING.
  3. UPON THE CAMPAIGN FINANCE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE
FROM A PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE  AFTER  THE
ISSUANCE  OF  WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED BY SUBDIVI-
SION FOUR OF SECTION 14-218 OF THIS CHAPTER, SUCH BOARD IS AUTHORIZED TO
INSTITUTE A SPECIAL PROCEEDING OR CIVIL ACTION IN SUPREME COURT,  ALBANY
COUNTY, TO OBTAIN A JUDGMENT FOR ANY AMOUNTS DETERMINED TO BE PAYABLE TO
THE  CAMPAIGN FINANCE BOARD AS A RESULT OF AN EXAMINATION AND AUDIT MADE
PURSUANT TO TITLE TWO OF ARTICLE FOURTEEN OF THIS CHAPTER.
  4. THE CAMPAIGN FINANCE BOARD IS AUTHORIZED  TO  INSTITUTE  A  SPECIAL
PROCEEDING  OR CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A
JUDGMENT FOR CIVIL PENALTIES  DETERMINED  TO  BE  PAYABLE  TO  THE  FAIR
ELECTIONS BOARD PURSUANT TO SECTION 14-218 OF THIS CHAPTER.
  S  17.  The  general  business  law is amended by adding a new section
359-gg to read as follows:
  S 359-GG. ADDITIONAL SURCHARGE. IN ADDITION TO ANY PENALTY  AUTHORIZED
BY  SECTION THREE HUNDRED FIFTY-NINE-G OF THIS ARTICLE OR ANY DAMAGES OR
OTHER COMPENSATION  RECOVERABLE  INCLUDING,  BUT  NOT  LIMITED  TO,  ANY
SETTLEMENT  AUTHORIZED  BY  SECTION  SIXTY-THREE OR SIXTY-THREE-C OF THE
EXECUTIVE LAW, THERE SHALL BE ASSESSED THEREON AN  ADDITIONAL  SURCHARGE
IN  THE  AMOUNT  OF  TEN  PERCENT  OF  THE TOTAL AMOUNT OF SUCH PENALTY,
DAMAGES OR SETTLEMENT. SUCH SURCHARGE SHALL BE DEPOSITED IN THE NEW YORK
STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-NINE-V OF  THE
STATE FINANCE LAW.
  S 18. The state finance law is amended by adding a new section 99-v to
read as follows:
  S  99-V.  NEW  YORK  STATE  CAMPAIGN  FINANCE FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE A
SPECIAL FUND TO BE KNOWN AS THE NEW YORK STATE CAMPAIGN FINANCE FUND.
  2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE SURCHARGE
IMPOSED PURSUANT TO SECTION THREE HUNDRED FIFTY-NINE-GG OF  THE  GENERAL
BUSINESS  LAW,  REVENUES  RECEIVED  FROM CAMPAIGN FINANCE FUND CHECK-OFF
PURSUANT TO SECTION SIX HUNDRED THIRTY-D OF THE TAX LAW,  REVENUES  FROM
THE  ABANDONED  PROPERTY  FUND  PURSUANT  TO SECTION NINETY-FIVE OF THIS
ARTICLE, AND ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO  FROM  ANY
OTHER  FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION
SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS, BEQUESTS OR VOLUN-
TARY CONTRIBUTIONS FOR THE PURPOSES OF  THE  FUND  AS  DEFINED  IN  THIS
SECTION  AND  DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.  MONIES IN
THE FUND SHALL BE KEPT SEPARATE FROM AND NOT COMMINGLED WITH OTHER FUNDS
HELD IN THE CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE.
  3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO  CANDIDATES  PURSUANT
TO  TITLE  TWO  OF ARTICLE FOURTEEN OF THE ELECTION LAW. MONEYS SHALL BE
PAID OUT OF THE FUND BY THE COMMISSIONER  OF  TAXATION  AND  FINANCE  ON
VOUCHERS CERTIFIED OR APPROVED BY THE CAMPAIGN FINANCE BOARD ESTABLISHED
PURSUANT  TO  TITLE  TWO OF ARTICLE FOURTEEN OF THE ELECTION LAW, OR THE
DULY DESIGNATED REPRESENTATIVE OF SUCH BOARD, IN THE  MANNER  PRESCRIBED
BY  LAW,  NOT  MORE THAN ONE WORKING DAY AFTER A VOUCHER DULY CERTIFIED,
APPROVED AND EXECUTED BY SUCH BOARD OR ITS REPRESENTATIVE  IN  THE  FORM

S. 4897                            24

PRESCRIBED  BY  THE  COMMISSIONER OF TAXATION AND FINANCE IS RECEIVED BY
THE COMMISSIONER OF TAXATION AND FINANCE.
  S  19. The tax law is amended by adding a new section 630-d to read as
follows:
  S 630-D. CONTRIBUTION TO NEW YORK STATE CAMPAIGN FINANCE FUND.  EFFEC-
TIVE FOR  ANY  TAXABLE  YEAR  COMMENCING  ON  OR  AFTER  JANUARY  FIRST,
TWO-THOUSAND  THIRTEEN,  AN  INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO
CONTRIBUTE TO THE NEW YORK STATE CAMPAIGN FINANCE  FUND.  SUCH  CONTRIB-
UTION  SHALL  BE  IN THE AMOUNT OF FIVE DOLLARS AND SHALL NOT REDUCE THE
AMOUNT OF STATE TAX OWED BY  SUCH  INDIVIDUAL.  THE  COMMISSIONER  SHALL
INCLUDE  SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER TO
MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  ALL
REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE NEW
YORK  STATE  CAMPAIGN  FINANCE  FUND  AND  USED  ONLY FOR THOSE PURPOSES
ENUMERATED IN SECTION NINETY-NINE-V OF THE STATE FINANCE LAW.
  S 20. Section 95 of the state finance law is amended by adding  a  new
subdivision 5 to read as follows:
  5.  NOTWITHSTANDING  ANY  PROVISION  OF  THIS  SECTION AUTHORIZING THE
TRANSFER OF ANY MONEYS IN THE ABANDONED PROPERTY  FUND  TO  THE  GENERAL
FUND, IN JANUARY OF EACH YEAR IN WHICH A STATE GENERAL ELECTION IS TO BE
HELD  PURSUANT  TO LAW, OR AT LEAST SIX WEEKS PRIOR TO ANY STATE SPECIAL
ELECTION, THE COMPTROLLER, UPON WARRANT OR VOUCHER BY  THE  CHAIRMAN  OF
THE  CAMPAIGN FINANCE BOARD OR HIS OR HER DULY APPOINTED REPRESENTATIVE,
SHALL TRANSFER MONEYS OF THE ABANDONED PROPERTY FUND INTO  THE  CAMPAIGN
FINANCE FUND PURSUANT TO SECTION NINETY-NINE-V OF THIS ARTICLE. ON MARCH
THIRTY-FIRST  OF  THE  YEAR  FOLLOWING  SUCH GENERAL ELECTION YEAR, SUCH
CHAIRMAN SHALL TRANSFER TO THE GENERAL FUND ANY SURPLUS  MONEYS  OF  THE
CAMPAIGN FINANCE FUND AS OF SUCH DATE.
  S  21.  Severability. If any clause, sentence, subdivision, paragraph,
section or part of this act be adjudged by any court of competent juris-
diction to be invalid, such judgment shall not affect, impair or invali-
date the remainder thereof, but shall be confined in  its  operation  to
the  clause,  sentence,  subdivision, paragraph, section or part thereof
directly involved in the controversy in which such judgment  shall  have
been rendered.
  S  22.  This act shall take effect January 1, 2014; provided, however,
that candidates for state comptroller will be eligible to participate in
the optional campaign finance system beginning  with  the  2014  general
election,  all  state legislative candidates will be eligible to partic-
ipate in the optional campaign finance system beginning  with  the  2016
general  election  and  all  other  state  candidates and constitutional
convention delegates will be eligible to  participate  in  the  optional
campaign  finance  system  beginning  with  the  2018  general election;
provided, further, that all contributions made to a candidate for  state
comptroller  or  his  or  her  political  committee and received by such
candidate or his or her political committee prior to the effective  date
of  this  act  and after the last general election for state comptroller
shall be available for  such  2014  general  election  pursuant  to  the
provisions  of the election law as they existed immediately prior to the
effective date of this act.