S T A T E   O F   N E W   Y O R K
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                                  5319

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law, the public officers law, the  legisla-
  tive  law and the executive law, in relation to statements of campaign
  receipts, contributions, transfers and expenditures

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

  Section  1.  Subdivision  1  of section 14-102 of the election law, as
amended by chapter 8 and 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 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 of the transferor,  contributor  or  person  from  whom
received,  IF THE CONTRIBUTOR IS A LOBBYIST REGISTERED PURSUANT TO ARTI-
CLE ONE-A OF THE LEGISLATIVE LAW 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. Any statement reporting a loan shall have

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10315-03-3
              

S. 5319                             2

attached to it a copy of the evidence of indebtedness.  Expenditures  in
sums under fifty dollars need not be specifically accounted for by sepa-
rate  items in said statements, and receipts and contributions aggregat-
ing 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.
  S 2. Subdivision 3 of section 74 of the public officers law is amended
by adding a new paragraph j to read as follows:
  J. NO LEGISLATIVE EMPLOYEE SHOULD SOLICIT, ACCEPT, RECEIVE, DISTRIBUTE
OR BE THE CUSTODIAN OF ANY MONEY IN CONNECTION WITH ANY CAMPAIGN FOR THE
NOMINATION FOR ELECTION, OR THE ELECTION, OF ANY OTHER INDIVIDUAL TO THE
LEGISLATURE  OR  STATEWIDE  OFFICE.  THE  PROVISIONS OF THIS SUBDIVISION
SHALL NOT APPLY TO THE  LEGISLATIVE  EMPLOYEE  EXPRESSLY  DESIGNATED  IN
WRITING  BY THE APPOINTING AUTHORITY OF SUCH LEGISLATIVE EMPLOYEE AND ON
FILE WITH THE STATE  BOARD  OF  ELECTIONS  AND  THE  LEGISLATIVE  ETHICS
COMMISSION  TO  SOLICIT, ACCEPT, RECEIVE, DISTRIBUTE OR BE THE CUSTODIAN
OF SUCH CAMPAIGN FUNDS.  NOTWITHSTANDING THE PROVISIONS  OF  THIS  PARA-
GRAPH,  A  LEGISLATIVE  EMPLOYEE MAY ASSIST IN THE PLANNING OF POLITICAL
FUNDRAISING EVENTS RELATED TO AN ELECTION TO THE LEGISLATURE  OR  STATE-
WIDE  OFFICE, SO LONG AS SUCH PLANNING ASSISTANCE DOES NOT INCLUDE HOST-
ING ANY SUCH FUNDRAISING EVENT OR OTHER INVOLVEMENT IN THE ACTUAL SOLIC-
ITATION OR ACCEPTANCE OF CAMPAIGN FUNDS.
  S 3. Subdivision 3 of section 74 of the public officers law is amended
by adding a new paragraph k to read as follows:
  K. NO MEMBER OF THE LEGISLATURE SHALL DIRECTLY OR INDIRECTLY  USE  HIS
OR  HER AUTHORITY OR OFFICIAL INFLUENCE TO COMPEL OR INDUCE ANY LEGISLA-
TIVE EMPLOYEE NOT ALREADY  DESIGNATED  IN  WRITING  BY  SUCH  MEMBER  IN
ACCORDANCE  WITH  PROVISIONS  OF  THIS  SUBDIVISION  TO SOLICIT, ACCEPT,
RECEIVE, DISTRIBUTE OR BE THE CUSTODIAN OF ANY MONEY IN CONNECTION  WITH
ANY  CAMPAIGN  FOR  THE NOMINATION FOR ELECTION, OR THE ELECTION, OF ANY
INDIVIDUAL TO THE LEGISLATURE OR STATEWIDE OFFICE.
  S 4. The closing paragraph of subdivision 10  of  section  80  of  the
legislative  law,  as added by section 9 of part A of chapter 399 of the
laws of 2011, is amended to read as follows:
  The  commission's  disposition  shall  be  reported  in  writing   and
published  on  its website no later than ten days after such disposition
unless requested by a law enforcement agency to suspend the commission's
action because of an ongoing criminal investigation.  THE DISPOSITION OF
ANY  VIOLATION  OF  PARAGRAPH  J  OF  SUBDIVISION   THREE   OF   SECTION
SEVENTY-FOUR  OF  THE PUBLIC OFFICERS LAW SHALL ALSO BE REPORTED, WITHIN
TEN DAYS OF SUCH DISPOSITION, TO THE APPOINTING AUTHORITY FOR THE  INDI-
VIDUAL SUBJECT TO THE JURISDICTION OF THE COMMISSION.
  S  5. Subdivision 14-b of section 94 of the executive law, as added by
section 6 of part A of chapter 399 of the laws of 2011,  is  amended  to
read as follows:
  14-b. With respect to the investigation of any individual who is not a
member  of  the  legislature  or a legislative employee or candidate for
member of the legislature, if after its investigation the joint  commis-
sion  has  found a substantial basis to conclude that the individual has
violated the public officers law  or  the  legislative  law,  the  joint
commission  shall send a substantial basis investigation report contain-
ing its findings of fact and conclusions of law to  the  individual  AND
THE  APPOINTING AUTHORITY, IF ANY, FOR SUCH INDIVIDUAL.  With respect to
an individual who is a statewide elected official or a direct  appointee

S. 5319                             3

of  such  an  official,  no  violation  may be found unless the majority
voting in support of such  a  finding  includes  at  least  two  members
appointed  by  the  governor and lieutenant governor and enrolled in the
individual's  major political party, if he or she is enrolled in a major
political party. Where the subject of  such  investigation  is  a  state
officer or employee who is not a direct appointee of a statewide elected
official,  at least two of the eight or more members who vote to issue a
substantial basis investigation report must have been appointed  by  the
governor  and  lieutenant  governor.  The  commission shall release such
report publicly within forty-five days of its issuance.
  S 6. The opening paragraph of subdivision  4  of  section  74  of  the
public  officers  law is designated paragraph a and a new paragraph b is
added to read as follows:
  B. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS  SUBDIVISION,
NO  LEGISLATIVE  EMPLOYEE  SHALL  BE  FINED  OR  SUSPENDED  FOR  A FIRST
VIOLATION OF THE PROVISIONS OF PARAGRAPH J OF SUBDIVISION THREE OF  THIS
SECTION.
  S 7. Subdivision 3 of section 74 of the public officers law is amended
by adding a new paragraph l to read as follows:
  L.  NO MEMBER OF THE LEGISLATURE OR LEGISLATIVE EMPLOYEE SHOULD ACCEPT
ANY CONTRIBUTION REPORTABLE UNDER ARTICLE FOURTEEN OF THE ELECTION  LAW,
INCLUDING  CONTRIBUTIONS  MADE  IN  VIOLATION  OF  THAT  ARTICLE  OF THE
ELECTION LAW, IF IT IS REASONABLE TO BELIEVE THAT SUCH  CONTRIBUTION  IS
BEING  MADE  OR GIVEN IN LIEU OF COMPENSATION, REWARD, EMPLOYMENT, GIFT,
HONORARIUM, TRAVEL REIMBURSEMENT, SUBSISTENCE EXPENSE OR OTHER THING  OF
VALUE  FROM ANY SOURCE, FOR ANY SERVICE, ADVICE, ASSISTANCE, APPEARANCE,
SPEECH OR OTHER MATTER RELATED TO THE EXERCISE OF HIS  OR  HER  OFFICIAL
DUTIES.
  S  8.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided, however, that the state board of  elections
shall  notify  all  registered  campaign  committees  of  the applicable
provisions of this act within thirty days  after  this  act  shall  have
become a law.