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

    S. 6411                                                  A. 9011

                      S E N A T E - A S S E M B L Y

                            January 14, 2016
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when printed to be committed to the Committee on Finance

IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
  article seven of the Constitution -- read once  and  referred  to  the
  Committee on Ways and Means

AN ACT to amend the election law, in relation to political contributions
  by limited liability companies (Part A); to amend the legislative law,
  in  relation  to  prohibiting  outside earned income by members of the
  legislature (Part B); to amend the election law, in relation to state-
  ments of campaign receipts, contributions, transfers and  expenditures
  to and by political committees; to amend the election law, in relation
  to  the  filing of statements regarding campaign receipts and expendi-
  tures; to amend the  election  law,  in  relation  to  establishing  a
  contribution  limit  for certain contributions to a party committee or
  constituted committee; to amend  the  election  law,  in  relation  to
  campaign  finance  reform;  to  amend the election law, in relation to
  public financing; to amend the state finance law, in relation  to  the
  New  York  state  campaign  finance fund; and to amend the tax law, in
  relation to the New York state campaign finance fund  check-off  (Part
  C); to amend the public officers law, the civil practice law and rules
  and  the executive law, in relation to the freedom of information law;
  and to repeal certain provisions of the public officers law, the envi-
  ronmental conservation law and the county law relating  to  access  to
  certain records (Part D); to amend the public officers law, the execu-
  tive  law and the legislative law, in relation to financial disclosure
  of certain public officers (Part E); to amend  the  election  law,  in
  relation  to  motor  vehicle voter registration; and to repeal certain
  provisions of such law relating thereto (Part F); to direct the  state
  comptroller,  the  attorney  general, the chief information officer of
  the office of information technology services and the commissioner  of
  general services to make recommendations on assigning a single identi-
  fying  code  to contractors, vendors and other payees (Part G); and to
  amend the legislative law and the election law,  in  relation  to  the
  regulation  of political consultants; and repealing certain provisions
  of such law relating thereto (Part H)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD12675-01-6

S. 6411                             2                            A. 9011

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

  Section  1.  This  act enacts into law major components of legislation
relating to Good Government and Ethics Reform. Each component is  wholly
contained  within  a Part identified as Parts A through H. The effective
date for each particular provision contained within  such  Part  is  set
forth  in  the  last  section of such Part. Any provision in any section
contained within a Part, including the effective date of the Part, which
makes reference to a section "of this act", when used in connection with
that particular component, shall be deemed to  mean  and  refer  to  the
corresponding section of the Part in which it is found. Section three of
this act sets forth the general effective date of this act.

                                 PART A

  Section 1. Section 14-116 of the election law, subdivision 1 as redes-
ignated by chapter 9 of the laws of 1978 and subdivision 2 as amended by
chapter 260 of the laws of 1981, is amended to read as follows:
  S  14-116.  Political  contributions  by certain organizations. 1.  No
corporation [or], LIMITED LIABILITY COMPANY, joint-stock association  OR
OTHER  CORPORATE  ENTITY  doing  business in this state, except a corpo-
ration or association organized or  maintained  for  political  purposes
only, shall directly or indirectly pay or use or offer, consent or agree
to  pay  or  use  any  money  or property for or in aid of any political
party, committee or organization, or for, or in aid of, any corporation,
LIMITED LIABILITY COMPANY, joint-stock [or], other association, OR OTHER
CORPORATE ENTITY organized or maintained for political purposes, or for,
or in aid of, any candidate for political office or for  nomination  for
such  office,  or  for  any  political  purpose  whatever,  or  for  the
reimbursement or indemnification of any person for moneys or property so
used. Any officer, director, stock-holder, MEMBER,  OWNER,  attorney  or
agent  of  any  corporation [or], LIMITED LIABILITY COMPANY, joint-stock
association  OR  OTHER  CORPORATE  ENTITY  which  violates  any  of  the
provisions  of this section, who participates in, aids, abets or advises
or consents to any such violations, and any person who solicits or know-
ingly receives any money or property in violation of this section, shall
be guilty of a misdemeanor.
  2. Notwithstanding the provisions of subdivision one of this  section,
any  corporation or an organization financially supported in whole or in
part, by such corporation, ANY LIMITED LIABILITY COMPANY OR OTHER CORPO-
RATE ENTITY may make expenditures, including contributions,  not  other-
wise  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 poli-
tical purposes unless such cost is charged to the shareholders of such a
public service corporation.
  3. EACH LIMITED LIABILITY COMPANY THAT MAKES AN EXPENDITURE FOR  POLI-
TICAL PURPOSES SHALL FILE WITH THE STATE BOARD OF ELECTIONS, BY DECEMBER
THIRTY-FIRST  OF  THE YEAR IN WHICH THE EXPENDITURE IS MADE, ON THE FORM
PRESCRIBED BY THE STATE BOARD OF ELECTIONS, THE IDENTITY OF  ALL  DIRECT
AND INDIRECT OWNERS OF THE MEMBERSHIP INTERESTS IN THE LIMITED LIABILITY
COMPANY AND THE PROPORTION OF EACH DIRECT OR INDIRECT MEMBER'S OWNERSHIP
INTEREST IN THE LIMITED LIABILITY COMPANY.

S. 6411                             3                            A. 9011

  S  2.  Section  14-120  of the election law is amended by adding a new
subdivision 3 to read as follows:
  3. (A) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ALL CONTRIBUTIONS MADE
TO  A  CAMPAIGN  OR  POLITICAL  COMMITTEE BY A LIMITED LIABILITY COMPANY
SHALL BE ATTRIBUTED TO EACH MEMBER OF THE LIMITED LIABILITY  COMPANY  IN
PROPORTION  TO  THE MEMBER'S OWNERSHIP INTEREST IN THE LIMITED LIABILITY
COMPANY.
  (B) IF, BY  APPLICATION  OF  PARAGRAPH  (A)  OF  THIS  SUBDIVISION,  A
CAMPAIGN  CONTRIBUTION IS ATTRIBUTED TO A LIMITED LIABILITY COMPANY, THE
CONTRIBUTIONS SHALL BE FURTHER ATTRIBUTED TO EACH MEMBER OF THE  LIMITED
LIABILITY  COMPANY  IN  PROPORTION TO THE MEMBER'S OWNERSHIP INTEREST IN
THE LIMITED LIABILITY COMPANY.
  (C) THE STATE BOARD OF ELECTIONS SHALL ENACT REGULATIONS THAT  PREVENT
THE  AVOIDANCE  OF THE RULES SET FORTH IN PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION.
  S 3. This act shall take effect immediately.

                                 PART B

  Section 1. The legislative law is amended by adding a new section  5-b
to read as follows:
  S  5-B. LIMIT ON OUTSIDE EARNED INCOME FOR MEMBERS. 1. A MEMBER OF THE
LEGISLATURE RECEIVING A SALARY FOR LEGISLATIVE WORK FROM  THE  STATE  OF
NEW  YORK  SHALL  BE  PERMITTED  TO  EARN  OUTSIDE  INCOME EACH YEAR FOR
PERFORMING FEE FOR SERVICE ACTIVITIES AND COMPENSATED OUTSIDE ACTIVITIES
IN AN AMOUNT TOTALING NO GREATER THAN FIFTEEN PERCENT OF THE MEMBER BASE
COMPENSATION SET FORTH IN SUBDIVISION ONE OF SECTION FIVE OF THIS  ARTI-
CLE.    COMPLIANCE  WITH THE LIMIT ON OUTSIDE EARNED INCOME DESCRIBED IN
THIS SECTION SHALL BE A CONDITION PRECEDENT TO RECEIVING  A  SALARY  FOR
LEGISLATIVE  ACTIVITIES  FROM  THE  STATE  OF  NEW YORK, AND VOTING AS A
MEMBER OF THE LEGISLATURE OF THE STATE OF NEW YORK.
  2. A. FOR PURPOSES OF THIS SECTION, THE TERM "OUTSIDE  EARNED  INCOME"
SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, WAGES, SALARIES, FEES AND OTHER
FORMS OF COMPENSATION FOR SERVICES ACTUALLY RENDERED.
  B. FOR THE PURPOSES OF THIS SECTION, THE TERM "OUTSIDE EARNED  INCOME"
SHALL NOT INCLUDE:
  (1) SALARY, BENEFITS AND ALLOWANCES PAID BY THE STATE;
  (2)  INCOME  AND ALLOWANCES ATTRIBUTABLE TO SERVICE IN THE RESERVES OF
THE ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD  OR  OTHER  ACTIVE
MILITARY SERVICE;
  (3)  ROYALTIES  FROM THE SALE OF A BOOK, ARTISTIC PERFORMANCE OR OTHER
INTELLECTUAL PROPERTY; PROVIDED, HOWEVER, THAT NO ADVANCE FEES SHALL  BE
PERMITTED; OR
  (4)  A  PENSION,  INVESTMENT,  CAPITAL GAINS OR OTHER EARNINGS ACCRUED
FROM PRIOR EMPLOYMENT OR ACTUAL SERVICES RENDERED PRIOR  TO  THE  MEMBER
TAKING OFFICE.
  3.  A  MEMBER  OF THE LEGISLATURE WHO KNOWINGLY AND WILLFULLY VIOLATES
THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY IN AN
AMOUNT NOT TO EXCEED FIFTY  THOUSAND  DOLLARS.  ASSESSMENT  OF  A  CIVIL
PENALTY  SHALL  BE  MADE  BY THE JOINT COMMISSION ON PUBLIC ETHICS. SUCH
COMMISSION MAY, IN LIEU OF OR IN ADDITION TO A CIVIL  PENALTY,  REFER  A
VIOLATION TO THE APPROPRIATE PROSECUTOR.
  4.  WILLFUL  VIOLATION OF THE PROVISIONS OF THIS SECTION IS PUNISHABLE
AS A CLASS A MISDEMEANOR.
  S 2. This act shall take effect January 1, 2017.

S. 6411                             4                            A. 9011

                                 PART C

  Section  1.    Section 14-100 of the election law is amended by adding
two new subdivisions 15 and 16 to read as follows:
  15. "INTERMEDIARY"  MEANS  AN  INDIVIDUAL,  CORPORATION,  PARTNERSHIP,
POLITICAL  COMMITTEE,  LABOR  ORGANIZATION, OR OTHER ENTITY WHICH, OTHER
THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY, OR MESSEN-
GER SERVICE, DELIVERS ANY CONTRIBUTION FROM ANOTHER PERSON OR ENTITY  TO
A CANDIDATE OR AN AUTHORIZED COMMITTEE.
  "INTERMEDIARY"  SHALL  NOT  INCLUDE  SPOUSES,  PARENTS,  CHILDREN,  OR
SIBLINGS OF THE PERSON MAKING SUCH CONTRIBUTION.
  16. "AUTHORIZED COMMITTEE" MEANS THE SINGLE POLITICAL COMMITTEE DESIG-
NATED BY A CANDIDATE TO RECEIVE ALL  CONTRIBUTIONS  AUTHORIZED  BY  THIS
TITLE.
  S  2.  Subdivision 1 of section 14-102 of the election law, as amended
by chapter 8 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,
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,
INTERMEDIARY, or person from  whom  received,  and  if  the  transferor,
contributor,  INTERMEDIARY, 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. AN INTERMEDIARY
NEED  NOT  BE  REPORTED  FOR  A  CONTRIBUTION  THAT WAS COLLECTED FROM A
CONTRIBUTOR IN CONNECTION WITH A PARTY OR OTHER CANDIDATE-RELATED  EVENT
HELD  AT THE RESIDENCE OF THE PERSON DELIVERING THE CONTRIBUTION, UNLESS
THE EXPENSES OF SUCH EVENT AT SUCH RESIDENCE FOR SUCH  CANDIDATE  EXCEED
FIVE  HUNDRED  DOLLARS OR THE AGGREGATE CONTRIBUTIONS RECEIVED FROM THAT
CONTRIBUTOR AT SUCH EVENT EXCEED FIVE  HUNDRED  DOLLARS.  Any  statement
reporting  a  loan  shall  have attached to it a copy of the evidence of
indebtedness. Expenditures in sums  under  fifty  dollars  need  not  be
specifically  accounted  for  by  separate items in said statements, and
receipts  and  contributions  aggregating  not  more  than   ninety-nine
dollars, from any one contributor need not be specifically accounted for
by  separate  items  in  said  statements,  provided  however, that such
expenditures, receipts and contributions shall be subject to  the  other
provisions of section 14-118 of this [article] TITLE.
  S  3.  Subdivision 3 of section 14-124 of the election law, as amended
by chapter 71 of the laws of 1988, is amended to read as follows:
  3. The contribution and receipt limits of this article shall not apply
to monies received and expenditures made by a party committee or consti-
tuted committee to maintain a permanent headquarters and staff and carry

S. 6411                             5                            A. 9011

on ordinary activities which are not for the express purpose of  promot-
ing the candidacy of specific candidates, EXCEPT THAT CONTRIBUTIONS MADE
FOR  SUCH ACTIVITIES TO A PARTY COMMITTEE OR CONSTITUTED COMMITTEE SHALL
BE  LIMITED  TO  TWENTY-FIVE THOUSAND DOLLARS IN THE AGGREGATE FROM EACH
CONTRIBUTOR IN EACH YEAR.
  S 4. Subdivision 2 of section 14-108 of the election law,  as  amended
by chapter 109 of the laws of 1997, is amended to read as follows:
  2.  Each  statement  shall  cover  the  period up to and including the
fourth day next preceding the day specified  for  the  filing  thereof[;
provided,  however,  that].  THE  RECEIPT OF ANY CONTRIBUTION OR LOAN IN
EXCESS OF ONE THOUSAND DOLLARS SHALL BE DISCLOSED WITHIN SIXTY  DAYS  OF
RECEIPT.    SUCH SUBMISSIONS SHALL BE REPORTED IN THE SAME MANNER AS ANY
OTHER CONTRIBUTION OR LOAN ON THE NEXT APPLICABLE STATEMENT.    HOWEVER,
any  contribution or loan in excess of one thousand dollars, if received
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, in the same manner as other  contributions,
within twenty-four hours after receipt.
  S  5. The article heading of article 14 of the election law is amended
to read as follows:
  [Campaign Receipts and Expenditures] CAMPAIGN  RECEIPTS  AND  EXPENDI-
TURES; PUBLIC FINANCING
  S  6.  Subdivisions  1  and  10 of section 14-114 of the election law,
subdivision 1 as amended and subdivision 10 as added by  chapter  79  of
the  laws  of 1992 and paragraphs a and b of subdivision 1 as amended by
chapter 659 of the laws of 1994, 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 PARTIC-
IPATING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM  AS  DEFINED  IN
TITLE  TWO OF THIS ARTICLE, and no SUCH candidate or political committee
may accept any contribution from any contributor, which is in the aggre-
gate amount greater than:  (i) in the case of any nomination  to  public
office, the product of the total number of enrolled voters in the candi-
date's  party  in the state, excluding voters in inactive status, multi-
plied by $.005, but such amount shall be not [less  than  four  thousand
dollars  nor]  more  than [twelve] SIX thousand 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] SUCH
public office, [twenty-five]  SIX  thousand  dollars  [as  increased  or
decreased  by  the cost of living adjustment described in paragraph c of
this subdivision]; provided however, that the maximum amount  which  may
be  so  contributed  or accepted, in the aggregate, from any candidate's
child, parent, grandparent, brother and sister, and the  spouse  of  any
such  persons,  shall not exceed in the case of any nomination to public
office an amount equivalent to the product of  the  number  of  enrolled
voters  in the candidate's party in the state, excluding voters in 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

S. 6411                             6                            A. 9011

registered voters in the state  excluding  voters  in  inactive  status,
multiplied by $.025.
  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 PARTICIPAT-
ING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM DEFINED IN TITLE TWO
OF THIS ARTICLE (FOR THOSE OFFICES OR POSITIONS COVERED BY THAT  SYSTEM)
and no SUCH 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 election for party position, or for nomination to
public office, the product of the total number of enrolled voters in the
candidate's party in the district in which he is a candidate,  excluding
voters  in  inactive status, multiplied by $.05, and (ii) in the case of
any election for a public office, the product of  the  total  number  of
registered  voters in the district, excluding voters in inactive status,
multiplied by $.05, however in the case of a nomination within the  city
of  New  York  for  the office of mayor, public advocate or comptroller,
such amount shall be not less than four thousand dollars nor  more  than
twelve  thousand dollars as increased or decreased by the cost of living
adjustment described in paragraph [c] E 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]  E  of  this  subdivision; in the case of a nomination OR
ELECTION for state senator,  four  thousand  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
thousand two hundred fifty dollars as increased or decreased by the cost
of  living  adjustment described in paragraph c of this subdivision]; in
the case of an election or nomination for  a  member  of  the  assembly,
DELEGATE-AT-LARGE  TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTI-
TUTION, OR DISTRICT DELEGATE TO A CONVENTION TO  REVISE  AND  AMEND  THE
STATE  CONSTITUTION,  [twenty-five  hundred]  TWO  THOUSAND  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 sister, and the spouse of any  such  persons,  shall
not  exceed in the case of any election for party position or nomination
for public office an amount equivalent to the number of enrolled  voters
in  the  candidate's  party  in the district in which he is a candidate,
excluding voters in inactive status, multiplied by $.25 and in the  case
of  any election to public office, an amount equivalent to the number of
registered voters in the district, excluding voters in inactive  status,
multiplied by $.25; or twelve hundred fifty dollars, whichever is great-
er, or in the case of a nomination or election of a state senator, twen-
ty  thousand  dollars,  whichever  is greater, or in the case of a nomi-
nation or election of a member of the assembly, DELEGATE-AT-LARGE  TO  A
CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION, OR DISTRICT DELE-
GATE  TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION, twelve
thousand five hundred dollars, whichever is greater,  but  in  no  event
shall any such maximum exceed one hundred thousand dollars.
  C.    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  CONTRIBU-
TOR  MAY  MAKE A CONTRIBUTION TO ANY CANDIDATE OR POLITICAL COMMITTEE IN

S. 6411                             7                            A. 9011

CONNECTION WITH A CANDIDATE WHO IS  NOT  A  PARTICIPATING  CANDIDATE  AS
DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE, AND
NO  SUCH  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,
EXCLUDING VOTERS IN INACTIVE  STATUS,  MULTIPLIED  BY  $.005,  BUT  SUCH
AMOUNT  SHALL  BE  NOT LESS THAN FOUR THOUSAND DOLLARS NOR MORE THAN TEN
THOUSAND DOLLARS, AND (II) IN THE CASE  OF  ANY  ELECTION  TO  A  PUBLIC
OFFICE,  FIFTEEN  THOUSAND  DOLLARS;  PROVIDED HOWEVER, THAT THE MAXIMUM
AMOUNT WHICH MAY BE SO CONTRIBUTED OR ACCEPTED, IN THE  AGGREGATE,  FROM
ANY  CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER AND SISTER, AND THE
SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED IN THE CASE  OF  ANY  NOMI-
NATION  TO  PUBLIC  OFFICE  AN  AMOUNT  EQUIVALENT TO THE PRODUCT OF THE
NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN THE STATE, EXCLUD-
ING VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.025, AND IN THE  CASE  OF
ANY ELECTION FOR A PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE PRODUCT OF
THE  NUMBER  OF REGISTERED VOTERS IN THE STATE EXCLUDING VOTERS IN INAC-
TIVE STATUS, MULTIPLIED BY $.025.
  D. 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   IN
CONNECTION  WITH  A  CANDIDATE  WHO  IS NOT A PARTICIPATING CANDIDATE AS
DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE  AND
NO  SUCH  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 ELECTION FOR PARTY POSITION,  OR  FOR  NOMINATION  TO
PUBLIC OFFICE, THE PRODUCT OF THE TOTAL NUMBER OF ENROLLED VOTERS IN THE
CANDIDATE'S  PARTY IN THE DISTRICT IN WHICH HE IS A CANDIDATE, EXCLUDING
VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.05, AND (II) IN THE  CASE  OF
ANY  ELECTION  FOR  A  PUBLIC OFFICE, THE PRODUCT OF THE TOTAL NUMBER OF
REGISTERED VOTERS IN THE DISTRICT, EXCLUDING VOTERS IN INACTIVE  STATUS,
MULTIPLIED  BY $.05, HOWEVER IN THE CASE OF A NOMINATION WITHIN THE CITY
OF NEW YORK FOR THE OFFICE OF MAYOR,  PUBLIC  ADVOCATE  OR  COMPTROLLER,
SUCH  AMOUNT  SHALL BE NOT LESS THAN FOUR THOUSAND DOLLARS NOR MORE THAN
TWELVE THOUSAND DOLLARS AS INCREASED OR DECREASED BY THE COST OF  LIVING
ADJUSTMENT  DESCRIBED IN PARAGRAPH E 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  E  OF
THIS  SUBDIVISION;  IN  THE  CASE  OF A NOMINATION OR ELECTION FOR STATE
SENATOR, FIVE THOUSAND DOLLARS; IN THE CASE OF AN ELECTION OR NOMINATION
FOR A MEMBER OF THE  ASSEMBLY,  DELEGATE-AT-LARGE  TO  A  CONVENTION  TO
REVISE  AND  AMEND  THE  STATE  CONSTITUTION,  OR DISTRICT DELEGATE TO A
CONVENTION TO REVISE AND AMEND THE STATE  CONSTITUTION,  THREE  THOUSAND
DOLLARS;  PROVIDED  HOWEVER,  THAT  THE  MAXIMUM  AMOUNT WHICH MAY BE SO
CONTRIBUTED OR ACCEPTED, IN THE AGGREGATE, FROM ANY  CANDIDATE'S  CHILD,
PARENT,  GRANDPARENT,  BROTHER  AND  SISTER,  AND THE SPOUSE OF ANY SUCH
PERSONS, SHALL NOT EXCEED IN THE CASE OF ANY ELECTION FOR PARTY POSITION
OR NOMINATION FOR PUBLIC OFFICE AN AMOUNT EQUIVALENT TO  THE  NUMBER  OF
ENROLLED  VOTERS IN THE CANDIDATE'S PARTY IN THE DISTRICT IN WHICH HE IS
A CANDIDATE, EXCLUDING VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.25 AND
IN THE CASE OF ANY ELECTION TO PUBLIC OFFICE, AN  AMOUNT  EQUIVALENT  TO
THE  NUMBER  OF  REGISTERED  VOTERS IN THE DISTRICT, EXCLUDING VOTERS IN
INACTIVE STATUS, MULTIPLIED BY $.25; OR TWELVE  HUNDRED  FIFTY  DOLLARS,
WHICHEVER  IS  GREATER,  OR IN THE CASE OF A NOMINATION OR ELECTION OF A

S. 6411                             8                            A. 9011

STATE SENATOR, TWENTY THOUSAND DOLLARS, WHICHEVER IS GREATER, OR IN  THE
CASE  OF A NOMINATION OR ELECTION OF A MEMBER OF THE ASSEMBLY, DELEGATE-
AT-LARGE TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION,  OR
DISTRICT  DELEGATE TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTI-
TUTION, TWELVE THOUSAND FIVE HUNDRED DOLLARS, WHICHEVER IS GREATER,  BUT
IN NO EVENT SHALL ANY SUCH MAXIMUM EXCEED ONE HUNDRED THOUSAND DOLLARS.
  E. At the beginning of each fourth calendar year, commencing in [nine-
teen hundred ninety-five] TWO THOUSAND TWENTY-ONE, 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 AND EXPRESSLY IDENTIFIED FOR ADJUSTMENT 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.
  F. EACH PARTY OR CONSTITUTED COMMITTEE MAY TRANSFER TO,  OR  SPEND  TO
ELECT OR OPPOSE A CANDIDATE, OR TRANSFER TO ANOTHER PARTY OR CONSTITUTED
COMMITTEE,  NO MORE THAN FIVE THOUSAND DOLLARS PER ELECTION, EXCEPT THAT
SUCH COMMITTEE MAY IN ADDITION TO SUCH TRANSFERS OR EXPENDITURES:
  (I) IN A GENERAL OR SPECIAL ELECTION TRANSFER TO, OR SPEND TO ELECT OR
OPPOSE A CANDIDATE, NO MORE THAN FIVE HUNDRED DOLLARS RECEIVED FROM EACH
CONTRIBUTOR; AND
  (II) IN  ANY  ELECTION  SPEND  WITHOUT  LIMITATION  FOR  NON-CANDIDATE
EXPENDITURES NOT DESIGNED OR INTENDED TO ELECT A PARTICULAR CANDIDATE OR
CANDIDATES.
  G.  NOTWITHSTANDING  ANY  OTHER  CONTRIBUTION  LIMIT  IN THIS SECTION,
PARTICIPATING CANDIDATES AS DEFINED IN SUBDIVISION FOURTEEN  OF  SECTION
14-200-A  OF  THIS ARTICLE MAY CONTRIBUTE, OUT OF THEIR OWN MONEY, THREE
TIMES THE APPLICABLE CONTRIBUTION LIMIT TO THEIR OWN AUTHORIZED  COMMIT-
TEE.
  10.  [a.] No contributor may make a contribution to a party or consti-
tuted committee and no such committee may accept a contribution from any
contributor which, in the aggregate, is greater than [sixty-two thousand
five hundred] TWENTY-FIVE THOUSAND dollars per annum.
  [b. At the beginning of each fourth calendar year, commencing in nine-
teen hundred ninety-five, the state board shall determine the percentage
of the difference between the most  recent  available  monthly  consumer
price  index  for  all  urban  consumers  published by the United States
bureau of labor statistics and such consumer price index  published  for
the  same  month  four years previously. The amount of such contribution
limit fixed in paragraph a of this subdivision shall be adjusted by  the
amount  of such percentage difference to the closest one hundred dollars
by the state board which, not later than the first day  of  February  in
each  such  year, shall issue a regulation publishing the amount of such
contribution limit. Such contribution limit as so adjusted shall be  the
contribution  limit in effect for any election held before the next such
adjustment.]
  S 7. Sections 14-100 through 14-130 of the election law are designated
Title I and a new title heading is added to read as follows:

                   CAMPAIGN RECEIPTS AND EXPENDITURES

S. 6411                             9                            A. 9011

  S 8. Article 14 of the election law is amended by adding a  new  title
II to read as follows:
                                TITLE II
                            PUBLIC FINANCING
SECTION 14-200.   LEGISLATIVE FINDINGS AND INTENT.
        14-200-A. DEFINITIONS.
        14-201.   REPORTING REQUIREMENTS.
        14-202.   CONTRIBUTIONS.
        14-203.   PROOF OF COMPLIANCE.
        14-204.   ELIGIBILITY.
        14-205.   LIMITS ON PUBLIC FINANCING.
        14-206.   PAYMENT OF PUBLIC MATCHING FUNDS.
        14-207.   USE  OF  PUBLIC  MATCHING  FUNDS;  QUALIFIED  CAMPAIGN
                    EXPENDITURES.
        14-208.   POWERS AND DUTIES OF THE BOARD.
        14-209.   AUDITS AND REPAYMENTS.
        14-210.   ENFORCEMENT AND PENALTIES  FOR  VIOLATIONS  AND  OTHER
                    PROCEEDINGS.
        14-211.   REPORTS.
        14-212.   DEBATES FOR CANDIDATES FOR STATEWIDE OFFICE.
        14-213.   SEVERABILITY.
  S 14-200. LEGISLATIVE FINDINGS AND INTENT.  THE LEGISLATURE FINDS THAT
REFORM OF NEW YORK STATE'S CAMPAIGN FINANCE SYSTEM IS CRUCIAL TO IMPROV-
ING PUBLIC CONFIDENCE IN THE STATE'S DEMOCRATIC PROCESSES AND CONTINUING
TO  ENSURE  A GOVERNMENT THAT IS ACCOUNTABLE TO ALL OF THE VOTERS OF THE
STATE REGARDLESS OF WEALTH OR POSITION. THE LEGISLATURE FINDS  THAT  NEW
YORK'S  CURRENT SYSTEM OF CAMPAIGN FINANCE, WITH ITS LARGE CONTRIBUTIONS
TO CANDIDATES FOR OFFICE AND PARTY COMMITTEES, HAS CREATED THE POTENTIAL
FOR AND THE APPEARANCE OF CORRUPTION.   THE  LEGISLATURE  FURTHER  FINDS
THAT,  WHETHER OR NOT THIS SYSTEM CREATES ACTUAL CORRUPTION, THE APPEAR-
ANCE OF SUCH CORRUPTION CAN GIVE RISE TO A DISTRUST  IN  GOVERNMENT  AND
CITIZEN  APATHY THAT UNDERMINE THE DEMOCRATIC OPERATION OF THE POLITICAL
PROCESS.
  THE LEGISLATURE ALSO FINDS THAT THE HIGH COST OF RUNNING FOR OFFICE IN
NEW YORK DISCOURAGES QUALIFIED CANDIDATES FROM RUNNING  FOR  OFFICE  AND
CREATES AN ELECTORAL SYSTEM THAT ENCOURAGES CANDIDATES TO SPEND TOO MUCH
TIME  RAISING MONEY RATHER THAN ATTENDING TO THE DUTIES OF THEIR OFFICE,
REPRESENTING THE NEEDS OF THEIR  CONSTITUENTS,  AND  COMMUNICATING  WITH
VOTERS.
  THE  LEGISLATURE AMENDS THIS CHAPTER CREATING A NEW TITLE TWO TO ARTI-
CLE FOURTEEN OF THIS CHAPTER TO REDUCE THE  POSSIBILITY  AND  APPEARANCE
THAT SPECIAL INTERESTS EXERCISE UNDUE INFLUENCE OVER STATE OFFICIALS; TO
INCREASE  THE ACTUAL AND APPARENT RESPONSIVENESS OF ELECTED OFFICIALS TO
ALL VOTERS; TO ENCOURAGE QUALIFIED CANDIDATES TO RUN FOR OFFICE; AND  TO
REDUCE THE PRESSURE ON CANDIDATES TO SPEND LARGE AMOUNTS OF TIME RAISING
LARGE CONTRIBUTIONS FOR THEIR CAMPAIGNS.
  THE LEGISLATURE FINDS THAT THIS ARTICLE'S LIMITATIONS ON CONTRIBUTIONS
FURTHER   THE  GOVERNMENT'S  INTEREST  IN  REDUCING  REAL  AND  APPARENT
CORRUPTION AND IN BUILDING TRUST IN GOVERNMENT.  THE  LEGISLATURE  FINDS
THAT  THE  CONTRIBUTION LEVELS ARE SUFFICIENTLY HIGH TO ALLOW CANDIDATES
AND POLITICAL PARTIES TO RAISE ENOUGH MONEY TO RUN EFFECTIVE  CAMPAIGNS.
IN  ADDITION,  THE LEGISLATURE FINDS THAT GRADUATED CONTRIBUTION LIMITA-
TIONS REFLECT THE CAMPAIGN NEEDS OF CANDIDATES FOR DIFFERENT OFFICES.
  THE LEGISLATURE ALSO FINDS THAT THE SYSTEM OF VOLUNTARY PUBLIC FINANC-
ING FURTHERS THE GOVERNMENT'S INTEREST IN ENCOURAGING  QUALIFIED  CANDI-
DATES TO RUN FOR OFFICE. THE LEGISLATURE FINDS THAT THE VOLUNTARY PUBLIC

S. 6411                            10                            A. 9011

FUNDING  PROGRAM  WILL  ENLARGE  THE  PUBLIC DEBATE AND INCREASE PARTIC-
IPATION IN THE DEMOCRATIC PROCESS. IN ADDITION,  THE  LEGISLATURE  FINDS
THAT  THE  VOLUNTARY  EXPENDITURE  LIMITATIONS AND MATCHING FUND PROGRAM
REDUCE  THE BURDEN ON CANDIDATES AND OFFICEHOLDERS TO SPEND TIME RAISING
MONEY FOR THEIR CAMPAIGNS.
  THEREFORE, THE LEGISLATURE DECLARES THAT THESE AMENDMENTS FURTHER  THE
IMPORTANT  AND  VALID  GOVERNMENT  INTERESTS  OF  REDUCING VOTER APATHY,
BUILDING CONFIDENCE IN GOVERNMENT, REDUCING THE REALITY  AND  APPEARANCE
OF  CORRUPTION,  AND ENCOURAGING QUALIFIED CANDIDATES TO RUN FOR OFFICE,
WHILE REDUCING CANDIDATES' AND OFFICEHOLDERS' FUNDRAISING BURDENS.
  S 14-200-A. DEFINITIONS.  FOR THE PURPOSES OF THIS TITLE, THE  FOLLOW-
ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  THE  TERM  "AUTHORIZED  COMMITTEE" SHALL MEAN THE SINGLE COMMITTEE
DESIGNATED BY A CANDIDATE PURSUANT TO SECTION 14-201 OF  THIS  TITLE  TO
RECEIVE  CONTRIBUTIONS  AND  MAKE  EXPENDITURES IN SUPPORT OF THE CANDI-
DATE'S CAMPAIGN.
  2. THE TERM "BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
  3. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS  APPEARS  IN
SUBDIVISION NINE OF SECTION 14-100 OF THIS ARTICLE.
  4. THE TERM "CONTRIBUTOR" SHALL MEAN ANY PERSON OR ENTITY THAT MAKES A
CONTRIBUTION.
  5.  THE  TERM  "COVERED  ELECTION" SHALL MEAN ANY PRIMARY, GENERAL, OR
SPECIAL ELECTION FOR NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE
OF GOVERNOR, LIEUTENANT GOVERNOR, ATTORNEY GENERAL,  STATE  COMPTROLLER,
STATE SENATOR, MEMBER OF THE ASSEMBLY, DELEGATE-AT-LARGE TO A CONVENTION
TO  REVISE  AND  AMEND THE STATE CONSTITUTION, OR DISTRICT DELEGATE TO A
CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION.
  6. THE TERM "ELECTION CYCLE" SHALL MEAN THE TWO YEAR  PERIOD  STARTING
THE  DAY  AFTER  THE  LAST GENERAL ELECTION FOR CANDIDATES FOR THE STATE
LEGISLATURE AND SHALL MEAN THE FOUR YEAR PERIOD STARTING AFTER  THE  DAY
AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR STATEWIDE OFFICE.
  7.  THE TERM "EXPENDITURE" SHALL MEAN 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  CANDIDATE.   EXPENDITURES MADE BY CONTRACT ARE DEEMED MADE WHEN
SUCH FUNDS ARE OBLIGATED.
  8. THE TERM "FUND" SHALL MEAN THE  NEW  YORK  STATE  CAMPAIGN  FINANCE
FUND.
  9.  THE TERM "IMMEDIATE FAMILY" SHALL MEAN A SPOUSE, CHILD, SIBLING OR
PARENT.
  10. THE TERM "INTERMEDIARY" SHALL  MEAN  AN  INDIVIDUAL,  CORPORATION,
PARTNERSHIP,  POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER ENTITY
WHICH BUNDLES, CAUSES TO BE DELIVERED OR OTHERWISE DELIVERS ANY CONTRIB-
UTION FROM ANOTHER PERSON OR ENTITY TO A CANDIDATE OR AUTHORIZED COMMIT-
TEE, OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL,  DELIVERY
OR  MESSENGER SERVICE.   PROVIDED, HOWEVER, THAT AN "INTERMEDIARY" SHALL
NOT INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS, CHILDREN OR SIBLINGS OF
THE PERSON MAKING SUCH CONTRIBUTION OR A STAFF MEMBER  OR  VOLUNTEER  OF
THE CAMPAIGN IDENTIFIED IN WRITING TO THE STATE BOARD OF ELECTIONS. HERE
"CAUSES  TO  BE DELIVERED" SHALL INCLUDE PROVIDING POSTAGE, ENVELOPES OR
OTHER SHIPPING MATERIALS FOR THE USE OF DELIVERING THE  CONTRIBUTION  TO
THE ULTIMATE RECIPIENT.
  11.  THE  TERM  "ITEM  WITH  SIGNIFICANT INTRINSIC AND ENDURING VALUE"
SHALL MEAN ANY ITEM, INCLUDING TICKETS TO AN EVENT, THAT ARE  VALUED  AT
TWENTY-FIVE DOLLARS OR MORE.

S. 6411                            11                            A. 9011

  12.  (A)  THE TERM "MATCHABLE CONTRIBUTION" SHALL MEAN A CONTRIBUTION,
CONTRIBUTIONS OR A PORTION OF A CONTRIBUTION OR  CONTRIBUTIONS  FOR  ANY
COVERED  ELECTIONS  HELD  IN  THE SAME ELECTION CYCLE, MADE BY A NATURAL
PERSON WHO IS A UNITED STATES CITIZEN AND RESIDENT IN THE STATE  OF  NEW
YORK TO A PARTICIPATING CANDIDATE, THAT HAS BEEN REPORTED IN FULL TO THE
BOARD  IN  ACCORDANCE WITH SECTIONS 14-102 AND 14-104 OF THIS ARTICLE BY
THE CANDIDATE'S AUTHORIZED COMMITTEE AND  HAS  BEEN  CONTRIBUTED  ON  OR
BEFORE  THE  DAY  OF  THE APPLICABLE PRIMARY, GENERAL, RUNOFF OR SPECIAL
ELECTION. ANY CONTRIBUTION, CONTRIBUTIONS, OR A PORTION  OF  A  CONTRIB-
UTION  DETERMINED  TO BE INVALID FOR MATCHING FUNDS BY THE BOARD MAY NOT
BE TREATED AS A MATCHABLE CONTRIBUTION FOR ANY PURPOSE.
  (B) THE FOLLOWING CONTRIBUTIONS ARE NOT MATCHABLE:
  (I) LOANS;
  (II) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;
  (III) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM
WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
  (IV) TRANSFERS FROM A PARTY OR CONSTITUTED COMMITTEE;
  (V) ANONYMOUS CONTRIBUTIONS OR CONTRIBUTIONS WHOSE SOURCE IS NOT ITEM-
IZED AS REQUIRED BY SECTION 14-201 OF THIS TITLE;
  (VI) CONTRIBUTIONS GATHERED DURING A PREVIOUS ELECTION CYCLE;
  (VII) ILLEGAL CONTRIBUTIONS;
  (VIII) CONTRIBUTIONS FROM MINORS;
  (IX) CONTRIBUTIONS FROM VENDORS FOR CAMPAIGNS; AND
  (X) CONTRIBUTIONS FROM LOBBYISTS REGISTERED  PURSUANT  TO  SUBDIVISION
(A) OF SECTION ONE-C OF THE LEGISLATIVE LAW.
  13. THE TERM "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR A
COVERED  ELECTION  WHO FAILS TO FILE A WRITTEN CERTIFICATION IN THE FORM
OF AN AFFIDAVIT UNDER SECTION 14-204 OF THIS  TITLE  BY  THE  APPLICABLE
DEADLINE.
  14.  THE  TERM  "PARTICIPATING CANDIDATE" SHALL MEAN ANY CANDIDATE FOR
NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE OF  GOVERNOR,  LIEU-
TENANT  GOVERNOR,  ATTORNEY  GENERAL,  STATE COMPTROLLER, STATE SENATOR,
MEMBER OF THE ASSEMBLY, DELEGATE-AT-LARGE TO A CONVENTION TO REVISE  AND
AMEND  THE  STATE  CONSTITUTION, OR DISTRICT DELEGATE TO A CONVENTION TO
REVISE AND AMEND THE STATE CONSTITUTION, WHO  FILES  A  WRITTEN  CERTIF-
ICATION  IN  THE FORM OF AN AFFIDAVIT PURSUANT TO SECTION 14-204 OF THIS
TITLE.
  15. THE TERM "POST-ELECTION PERIOD" SHALL MEAN THE FIVE YEARS  FOLLOW-
ING AN ELECTION WHEN A CANDIDATE IS SUBJECT TO AN AUDIT.
  16.  THE  TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDI-
TURE FOR WHICH PUBLIC MATCHING FUNDS MAY BE USED.
  17. THE TERM "THRESHOLD FOR ELIGIBILITY"  SHALL  MEAN  THE  AMOUNT  OF
MATCHABLE  CONTRIBUTIONS  THAT  A  CANDIDATE'S AUTHORIZED COMMITTEE MUST
RECEIVE IN TOTAL IN ORDER FOR SUCH CANDIDATE TO  QUALIFY  FOR  VOLUNTARY
PUBLIC FINANCING UNDER THIS TITLE.
  18.  THE  TERM  "TRANSFER"  SHALL MEAN ANY EXCHANGE OF FUNDS BETWEEN A
PARTY OR CONSTITUTED COMMITTEE AND A CANDIDATE OR  ANY  OF  HIS  OR  HER
AUTHORIZED COMMITTEES.
  S  14-201.  REPORTING REQUIREMENTS.   1. POLITICAL COMMITTEE REGISTRA-
TION. POLITICAL COMMITTEES AS DEFINED PURSUANT  TO  SUBDIVISION  ONE  OF
SECTION  14-100  OF  THIS  ARTICLE  SHALL REGISTER WITH THE BOARD BEFORE
MAKING ANY CONTRIBUTION OR EXPENDITURE.  THE BOARD SHALL PUBLISH A CUMU-
LATIVE LIST OF POLITICAL COMMITTEES THAT HAVE REGISTERED,  INCLUDING  ON
ITS WEBPAGE, AND REGULARLY UPDATE IT.
  2.  ONLY  ONE  AUTHORIZED  COMMITTEE PER CANDIDATE PER ELECTIVE OFFICE
SOUGHT.  BEFORE RECEIVING ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR

S. 6411                            12                            A. 9011

A COVERED ELECTION, EACH CANDIDATE SHALL NOTIFY  THE  BOARD  AS  TO  THE
EXISTENCE  OF  HIS OR HER AUTHORIZED COMMITTEE THAT HAS BEEN APPROVED BY
SUCH CANDIDATE. EACH CANDIDATE SHALL HAVE ONE AND  ONLY  ONE  AUTHORIZED
COMMITTEE  PER  ELECTIVE  OFFICE SOUGHT. EACH AUTHORIZED COMMITTEE SHALL
HAVE A TREASURER AND IS SUBJECT TO THE  RESTRICTIONS  FOUND  IN  SECTION
14-112 OF THIS ARTICLE.
  3.  (A)  DETAILED  REPORTING. IN ADDITION TO EACH AUTHORIZED AND POLI-
TICAL COMMITTEE REPORTING TO  THE  BOARD  EVERY  CONTRIBUTION  AND  LOAN
RECEIVED AND EVERY EXPENDITURE MADE IN THE TIME AND MANNER PRESCRIBED BY
SECTIONS  14-102, 14-104 AND 14-108 OF THIS ARTICLE, EACH AUTHORIZED AND
POLITICAL COMMITTEE  SHALL  ALSO  SUBMIT  DISCLOSURE  REPORTS  ON  MARCH
FIFTEENTH AND MAY FIFTEENTH OF EACH ELECTION YEAR REPORTING TO THE BOARD
EVERY  CONTRIBUTION  AND  LOAN RECEIVED AND EVERY EXPENDITURE MADE.  FOR
CONTRIBUTORS WHO MAKE CONTRIBUTIONS OF FIVE  HUNDRED  DOLLARS  OR  MORE,
EACH  AUTHORIZED  AND  POLITICAL COMMITTEE SHALL REPORT TO THE BOARD THE
OCCUPATION, AND BUSINESS ADDRESS OF EACH CONTRIBUTOR, LENDER, AND INTER-
MEDIARY. THE BOARD SHALL REVISE, PREPARE AND POST FORMS ON  ITS  WEBPAGE
THAT FACILITATE COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION.
  (B)  BOARD REVIEW. THE BOARD SHALL REVIEW EACH DISCLOSURE REPORT FILED
AND SHALL INFORM AUTHORIZED AND POLITICAL COMMITTEES OF  RELEVANT  QUES-
TIONS  IT HAS CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS OF THIS TITLE
AND OF THE RULES ISSUED BY THE BOARD; AND (II) QUALIFICATION FOR RECEIV-
ING PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. IN THE COURSE OF  THIS
REVIEW, IT SHALL GIVE AUTHORIZED AND POLITICAL COMMITTEES AN OPPORTUNITY
TO  RESPOND  TO  AND CORRECT POTENTIAL VIOLATIONS AND GIVE CANDIDATES AN
OPPORTUNITY TO ADDRESS  QUESTIONS  IT  HAS  CONCERNING  THEIR  MATCHABLE
CONTRIBUTION CLAIMS OR OTHER ISSUES CONCERNING ELIGIBILITY FOR RECEIVING
PUBLIC  MATCHING FUNDS PURSUANT TO THIS TITLE. NOTHING IN THIS PARAGRAPH
SHALL PRECLUDE THE CHIEF ENFORCEMENT COUNSEL FROM SUBSEQUENTLY REVIEWING
SUCH DISCLOSURE REPORTS AND TAKING ANY ACTION OTHERWISE AUTHORIZED UNDER
THIS TITLE.
  (C) ITEMIZATION. CONTRIBUTIONS THAT ARE NOT ITEMIZED IN REPORTS  FILED
WITH THE BOARD SHALL NOT BE MATCHABLE.
  (D)  OPTION TO FILE MORE FREQUENTLY. PARTICIPATING CANDIDATES MAY FILE
REPORTS OF CONTRIBUTIONS AS FREQUENTLY AS ONCE A WEEK ON MONDAY SO  THAT
THEIR MATCHING FUNDS MAY BE PAID AT THE EARLIEST ALLOWABLE DATE.
  S  14-202. CONTRIBUTIONS.   RECIPIENTS OF FUNDS PURSUANT TO THIS TITLE
SHALL BE SUBJECT TO THE APPLICABLE  CONTRIBUTION  LIMITS  SET  FORTH  IN
SECTION 14-114 OF THIS ARTICLE.
  S  14-203.  PROOF  OF  COMPLIANCE. AUTHORIZED AND POLITICAL COMMITTEES
SHALL MAINTAIN SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR  A  COVERED
ELECTION  AS  REQUIRED BY THE BOARD. AUTHORIZED AND POLITICAL COMMITTEES
SHALL OBTAIN AND FURNISH TO THE BOARD ANY  INFORMATION  IT  MAY  REQUEST
RELATING  TO  FINANCIAL  TRANSACTIONS  OR CONTRIBUTIONS AND FURNISH SUCH
DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS TITLE  AS  MAY  BE
REQUESTED. IN COMPLIANCE WITH SECTION 14-108 OF THIS ARTICLE, AUTHORIZED
AND  POLITICAL  COMMITTEES  SHALL  MAINTAIN COPIES OF SUCH RECORDS FOR A
PERIOD OF FIVE YEARS.
  S 14-204. ELIGIBILITY.  1. TERMS AND CONDITIONS. TO  BE  ELIGIBLE  FOR
VOLUNTARY PUBLIC FINANCING UNDER THIS TITLE, A CANDIDATE MUST:
  (A) BE A CANDIDATE IN A COVERED ELECTION;
  (B)  MEET  ALL  THE REQUIREMENTS OF LAW TO HAVE HIS OR HER NAME ON THE
BALLOT;
  (C) IN THE CASE OF A COVERED GENERAL OR SPECIAL ELECTION,  BE  OPPOSED
BY ANOTHER CANDIDATE ON THE BALLOT WHO IS NOT A WRITE-IN CANDIDATE;

S. 6411                            13                            A. 9011

  (D)  SUBMIT  A CERTIFICATION IN THE FORM OF AN AFFIDAVIT, IN SUCH FORM
AS MAY BE PRESCRIBED BY THE BOARD, THAT SETS FORTH HIS OR HER ACCEPTANCE
OF AND AGREEMENT TO  COMPLY  WITH  THE  TERMS  AND  CONDITIONS  FOR  THE
PROVISION  OF SUCH FUNDS IN EACH COVERED ELECTION AND SUCH CERTIFICATION
SHALL  BE SUBMITTED AT LEAST FOUR MONTHS BEFORE THE ELECTION PURSUANT TO
A SCHEDULE PROMULGATED BY THE BOARD;
  (E) BE CERTIFIED AS A PARTICIPATING CANDIDATE BY THE BOARD;
  (F) NOT MAKE, AND NOT HAVE MADE, EXPENDITURES FROM OR USE HIS  OR  HER
PERSONAL  FUNDS  OR  PROPERTY  OR THE PERSONAL FUNDS OR PROPERTY JOINTLY
HELD WITH HIS OR HER SPOUSE, OR  UNEMANCIPATED  CHILDREN  IN  CONNECTION
WITH HIS OR HER NOMINATION ELECTION OR ELECTION TO A COVERED OFFICE, BUT
MAY  MAKE A CONTRIBUTION TO HIS OR HER AUTHORIZED COMMITTEE IN AN AMOUNT
THAT DOES NOT EXCEED THREE TIMES THE APPLICABLE CONTRIBUTION LIMIT  FROM
AN INDIVIDUAL CONTRIBUTOR 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;
  (H)  CONTINUE  TO  ABIDE  BY ALL REQUIREMENTS DURING THE POST-ELECTION
PERIOD;
  (I) AGREE NOT TO EXPEND FOR CAMPAIGN PURPOSES ANY PORTION OF ANY  PRE-
EXISTING  FUNDS  RAISED FOR ANY PUBLIC OFFICE OR PARTY POSITION PRIOR TO
THE FIRST DAY OF THE  ELECTION  CYCLE  FOR  WHICH  THE  CANDIDATE  SEEKS
CERTIFICATION. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO LIMIT, IN
ANY  WAY, ANY CANDIDATE OR PUBLIC OFFICIAL FROM EXPENDING ANY PORTION OF
PRE-EXISTING CAMPAIGN FUNDS FOR ANY  LAWFUL  PURPOSE  OTHER  THAN  THOSE
RELATED TO HIS OR HER CAMPAIGN; AND
  (J)  NOT HAVE ACCEPTED CONTRIBUTIONS IN AMOUNTS EXCEEDING THE CONTRIB-
UTION LIMITS SET FORTH FOR PARTICIPATING CANDIDATES IN PARAGRAPHS A  AND
B  OF  SUBDIVISION  ONE  OF  SECTION  14-114  OF THIS ARTICLE DURING THE
ELECTION CYCLE FOR WHICH THE CANDIDATE SEEKS CERTIFICATION;
  (I) PROVIDED HOWEVER, THAT,  IF  A  CANDIDATE  ACCEPTED  CONTRIBUTIONS
EXCEEDING  SUCH  LIMITS  BEFORE CERTIFICATION, SUCH ACCEPTANCE SHALL NOT
PREVENT THE CANDIDATE FROM BEING CERTIFIED BY THE BOARD IF THE CANDIDATE
IMMEDIATELY PAYS TO THE FUND OR RETURNS TO THE CONTRIBUTOR  THE  PORTION
OF ANY CONTRIBUTION THAT EXCEEDED THE APPLICABLE CONTRIBUTION LIMIT.
  (II)  IF  THE  CANDIDATE  IS  UNABLE  TO RETURN SUCH FUNDS IMMEDIATELY
BECAUSE THEY  HAVE  ALREADY  BEEN  SPENT,  ACCEPTANCE  OF  CONTRIBUTIONS
EXCEEDING  THE  LIMITS SHALL NOT PREVENT THE CANDIDATE FROM BEING CERTI-
FIED BY THE BOARD IF THE CANDIDATE SUBMITS AN AFFIDAVIT AGREEING TO  PAY
TO THE FUND ALL PORTIONS OF ANY CONTRIBUTIONS THAT EXCEEDED THE LIMIT NO
LATER  THAN  THIRTY  DAYS  BEFORE  THE  GENERAL ELECTION. IF A CANDIDATE
PROVIDES THE BOARD WITH SUCH AN AFFIDAVIT, ANY  DISBURSEMENT  OF  PUBLIC
FUNDS  TO THE CANDIDATE MADE UNDER SECTION 14-206 OF THIS TITLE SHALL BE
REDUCED BY NO MORE THAN TWENTY-FIVE PERCENT UNTIL THE TOTAL AMOUNT  OWED
BY THE CANDIDATE IS REPAID.
  (III) NOTHING IN THIS SECTION SHALL BE INTERPRETED TO REQUIRE A CANDI-
DATE  WHO  RETAINS  FUNDS  RAISED  DURING  A  PREVIOUS ELECTION CYCLE TO
FORFEIT SUCH FUNDS. FUNDS RAISED DURING A PREVIOUS ELECTION CYCLE MAY BE
RETAINED, BUT ONLY IF THE CANDIDATE PLACES THE FUNDS IN ESCROW.
  (IV) CONTRIBUTIONS RECEIVED AND EXPENDITURES MADE BY THE CANDIDATE  OR
AN  AUTHORIZED COMMITTEE OF THE CANDIDATE PRIOR TO THE EFFECTIVE DATE OF
THIS TITLE SHALL NOT CONSTITUTE A VIOLATION OF THIS TITLE.    UNEXPENDED
CONTRIBUTIONS  SHALL  BE  TREATED  THE  SAME AS CAMPAIGN SURPLUSES UNDER
SUBPARAGRAPH (III) OF THIS PARAGRAPH.
  2. THRESHOLD FOR ELIGIBILITY. (A) THE THRESHOLD  FOR  ELIGIBILITY  FOR
PUBLIC FUNDING FOR PARTICIPATING CANDIDATES SHALL BE IN THE CASE OF:

S. 6411                            14                            A. 9011

  (I)  GOVERNOR,  NOT  LESS  THAN  SIX HUNDRED FIFTY THOUSAND DOLLARS IN
MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST  SIX  THOUSAND  FIVE  HUNDRED
MATCHABLE  CONTRIBUTIONS  COMPRISED  OF SUMS BETWEEN TEN AND ONE HUNDRED
SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF NEW YORK STATE;
  (II)  LIEUTENANT GOVERNOR, ATTORNEY GENERAL, AND COMPTROLLER, NOT LESS
THAN TWO HUNDRED THOUSAND DOLLARS IN MATCHABLE  CONTRIBUTIONS  INCLUDING
AT  LEAST TWO THOUSAND MATCHABLE CONTRIBUTIONS COMPRISED OF SUMS BETWEEN
TEN AND ONE HUNDRED SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS
OF NEW YORK STATE;
  (III) STATE SENATOR, NOT LESS THAN TWENTY THOUSAND DOLLARS IN  MATCHA-
BLE CONTRIBUTIONS INCLUDING AT LEAST TWO HUNDRED MATCHABLE CONTRIBUTIONS
COMPRISED  OF  SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE DOLLARS PER
CONTRIBUTOR, FROM RESIDENTS OF THE DISTRICT IN WHICH THE SEAT IS  TO  BE
FILLED; AND
  (IV)  MEMBER  OF  THE  ASSEMBLY,  DELEGATE-AT-LARGE TO A CONVENTION TO
REVISE AND AMEND THE STATE  CONSTITUTION,  OR  DISTRICT  DELEGATE  TO  A
CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION, NOT LESS THAN TEN
THOUSAND  DOLLARS  IN  MATCHABLE  CONTRIBUTIONS  INCLUDING  AT LEAST ONE
HUNDRED MATCHABLE CONTRIBUTIONS COMPRISED OF SUMS BETWEEN  TEN  AND  ONE
HUNDRED  SEVENTY-FIVE  DOLLARS  PER  CONTRIBUTOR,  FROM RESIDENTS OF THE
DISTRICT IN WHICH THE SEAT IS TO BE FILLED.
  (B) ANY PARTICIPATING CANDIDATE MEETING THE THRESHOLD FOR  ELIGIBILITY
IN  A  PRIMARY ELECTION FOR ONE OF THE FOREGOING OFFICES SHALL BE DEEMED
TO HAVE MET THE THRESHOLD FOR ELIGIBILITY FOR SUCH OFFICE IN  ANY  OTHER
SUBSEQUENT ELECTION HELD IN THE SAME CALENDAR YEAR.
  S  14-205. LIMITS ON PUBLIC FINANCING. THE FOLLOWING LIMITATIONS APPLY
TO THE TOTAL AMOUNTS OF PUBLIC FUNDS THAT MAY BE PROVIDED TO  A  PARTIC-
IPATING CANDIDATE'S AUTHORIZED COMMITTEE FOR AN ELECTION CYCLE:
  1.  IN  ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS BY PARTICIPATING
CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
  (I) FOR GOVERNOR, THE SUM OF EIGHT MILLION DOLLARS;
  (II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
OF FOUR MILLION DOLLARS;
  (III) FOR SENATOR, THE SUM  OF  THREE  HUNDRED  SEVENTY-FIVE  THOUSAND
DOLLARS;
  (IV)  FOR MEMBER OF THE ASSEMBLY, DELEGATE-AT-LARGE TO A CONVENTION TO
REVISE AND AMEND THE STATE  CONSTITUTION,  OR  DISTRICT  DELEGATE  TO  A
CONVENTION  TO  REVISE  AND AMEND THE STATE CONSTITUTION, THE SUM OF ONE
HUNDRED SEVENTY-FIVE THOUSAND DOLLARS.
  2. IN ANY GENERAL OR SPECIAL ELECTION, RECEIPT OF PUBLIC  FUNDS  BY  A
PARTICIPATING  CANDIDATE'S  AUTHORIZED  COMMITTEES  SHALL NOT EXCEED THE
FOLLOWING AMOUNTS:
CANDIDATES FOR ELECTION TO THE OFFICE OF:
GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED)                  $10,000,000
ATTORNEY GENERAL                                             $4,000,000
COMPTROLLER                                                  $4,000,000
MEMBER OF SENATE                                             $375,000
MEMBER OF ASSEMBLY, DELEGATE-AT-LARGE TO A                   $175,000
CONVENTION TO REVISE AND AMEND THE STATE
CONSTITUTION, OR DISTRICT DELEGATE TO A
CONVENTION TO REVISE AND AMEND THE STATE
CONSTITUTION
  3. NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS  NOT
OPPOSED  BY  A  CANDIDATE  ON  THE BALLOT IN A PRIMARY ELECTION SHALL BE
ENTITLED TO PAYMENT OF PUBLIC MATCHING FUNDS, EXCEPT THAT,  WHERE  THERE
IS A CONTEST IN SUCH PRIMARY ELECTION FOR THE NOMINATION OF AT LEAST ONE

S. 6411                            15                            A. 9011

OF  THE TWO POLITICAL PARTIES WITH THE HIGHEST AND SECOND HIGHEST NUMBER
OF ENROLLED MEMBERS FOR SUCH OFFICE, A PARTICIPATING  CANDIDATE  WHO  IS
UNOPPOSED  IN  THE  PRIMARY ELECTION MAY RECEIVE PUBLIC FUNDS BEFORE THE
PRIMARY  ELECTION,  FOR  EXPENSES INCURRED ON OR BEFORE THE DATE OF SUCH
PRIMARY ELECTION, IN AN AMOUNT EQUAL TO UP TO HALF THE SUM SET FORTH  IN
PARAGRAPH ONE OF THIS SECTION.
  S 14-206. PAYMENT OF PUBLIC MATCHING FUNDS. 1. DETERMINATION OF ELIGI-
BILITY.  NO PUBLIC MATCHING FUNDS SHALL BE PAID TO AN AUTHORIZED COMMIT-
TEE UNLESS THE BOARD DETERMINES THAT THE PARTICIPATING CANDIDATE HAS MET
THE ELIGIBILITY REQUIREMENTS OF THIS TITLE. PAYMENT SHALL NOT EXCEED THE
AMOUNTS SPECIFIED IN SUBDIVISION TWO OF THIS SECTION, AND SHALL BE  MADE
ONLY  IN  ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. SUCH PAYMENT MAY
BE MADE ONLY TO THE PARTICIPATING CANDIDATE'S AUTHORIZED  COMMITTEE.  NO
PUBLIC  MATCHING  FUNDS SHALL BE USED EXCEPT AS REIMBURSEMENT OR PAYMENT
FOR QUALIFIED CAMPAIGN EXPENDITURES ACTUALLY AND LAWFULLY INCURRED OR TO
REPAY LOANS USED TO PAY QUALIFIED CAMPAIGN EXPENDITURES.
  2. CALCULATION OF PAYMENT. IF THE THRESHOLD FOR  ELIGIBILITY  IS  MET,
THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE SHALL RECEIVE PAYMENT
FOR  QUALIFIED  CAMPAIGN  EXPENDITURES OF SIX DOLLARS OF PUBLIC MATCHING
FUNDS FOR EACH ONE DOLLAR OF MATCHABLE CONTRIBUTIONS, FOR THE FIRST  ONE
HUNDRED  SEVENTY-FIVE DOLLARS OF ELIGIBLE PRIVATE FUNDS PER CONTRIBUTOR,
OBTAINED AND REPORTED TO THE BOARD IN ACCORDANCE WITH THE PROVISIONS  OF
THIS TITLE. THE MAXIMUM PAYMENT OF PUBLIC MATCHING FUNDS SHALL BE LIMIT-
ED  TO  THE  AMOUNTS  SET  FORTH IN SECTION 14-205 OF THIS TITLE FOR THE
COVERED ELECTION.
  3. TIMING OF PAYMENT. THE BOARD  SHALL  MAKE  ANY  PAYMENT  OF  PUBLIC
MATCHING  FUNDS  TO  PARTICIPATING CANDIDATES AS SOON AS IS PRACTICABLE.
BUT IN ALL CASES, IT SHALL VERIFY ELIGIBILITY FOR PUBLIC MATCHING  FUNDS
WITHIN  FOUR  DAYS,  EXCLUDING  WEEKENDS  AND  HOLIDAYS,  OF RECEIVING A
CAMPAIGN CONTRIBUTION REPORT FILED IN COMPLIANCE WITH SECTION 14-104  OF
THIS  ARTICLE.  WITHIN  TWO  DAYS  OF DETERMINING THAT A CANDIDATE FOR A
COVERED OFFICE IS ELIGIBLE FOR PUBLIC MATCHING FUNDS, IT SHALL AUTHORIZE
PAYMENT OF THE APPLICABLE MATCHING FUNDS OWED TO THE CANDIDATE. HOWEVER,
IT SHALL NOT MAKE ANY PAYMENTS OF PUBLIC MONEY EARLIER THAN THE EARLIEST
DATES FOR MAKING SUCH PAYMENTS AS PROVIDED BY THIS TITLE.    IF  ANY  OF
SUCH  PAYMENTS  WOULD  REQUIRE  PAYMENT ON A WEEKEND OR FEDERAL HOLIDAY,
PAYMENT SHALL BE MADE ON THE NEXT BUSINESS DAY.
  4. ELECTRONIC FUNDS TRANSFER. THE BOARD SHALL,  IN  CONSULTATION  WITH
THE OFFICE OF THE COMPTROLLER, PROMULGATE RULES TO FACILITATE ELECTRONIC
FUNDS  TRANSFERS DIRECTLY FROM THE CAMPAIGN FINANCE FUND INTO AN AUTHOR-
IZED COMMITTEE'S BANK ACCOUNT.
  5.  IRREGULARLY  SCHEDULED  ELECTIONS.   NOTWITHSTANDING   ANY   OTHER
PROVISION OF THIS TITLE, THE BOARD SHALL PROMULGATE RULES TO PROVIDE FOR
THE  PROMPT  ISSUANCE OF PUBLIC MATCHING FUNDS TO ELIGIBLE PARTICIPATING
CANDIDATES FOR QUALIFIED CAMPAIGN EXPENDITURES IN THE CASE OF ANY  OTHER
COVERED ELECTION HELD ON A DAY DIFFERENT FROM THAT THAN ORIGINALLY SCHE-
DULED INCLUDING SPECIAL ELECTIONS. BUT IN ALL CASES, THE BOARD SHALL (A)
WITHIN FOUR DAYS, EXCLUDING WEEKENDS AND HOLIDAYS, OF RECEIVING A REPORT
OF  CONTRIBUTIONS  FROM A CANDIDATE FOR A COVERED OFFICE CLAIMING ELIGI-
BILITY FOR PUBLIC MATCHING FUNDS VERIFY THAT CANDIDATE'S ELIGIBILITY FOR
PUBLIC MATCHING FUNDS; AND (B) WITHIN TWO DAYS OF DETERMINING  THAT  THE
CANDIDATE FOR A COVERED OFFICE IS ELIGIBLE FOR PUBLIC MATCHING FUNDS, IT
SHALL  AUTHORIZE  PAYMENT  OF  THE APPLICABLE MATCHING FUNDS OWED TO THE
CANDIDATE.
  S 14-207. USE OF PUBLIC MATCHING FUNDS;  QUALIFIED  CAMPAIGN  EXPENDI-
TURES.    1. PUBLIC MATCHING FUNDS PROVIDED UNDER THE PROVISIONS OF THIS

S. 6411                            16                            A. 9011

TITLE MAY BE USED ONLY BY AN AUTHORIZED COMMITTEE  FOR  EXPENDITURES  TO
FURTHER   THE  PARTICIPATING  CANDIDATE'S  NOMINATION  FOR  ELECTION  OR
ELECTION, INCLUDING PAYING FOR DEBTS INCURRED WITHIN ONE YEAR  PRIOR  TO
AN  ELECTION  TO  FURTHER  THE  PARTICIPATING CANDIDATE'S NOMINATION FOR
ELECTION OR ELECTION.
  2. SUCH PUBLIC MATCHING FUNDS MAY NOT BE USED FOR:
  (A) AN EXPENDITURE IN VIOLATION OF ANY LAW;
  (B) AN EXPENDITURE IN EXCESS OF THE FAIR  MARKET  VALUE  OF  SERVICES,
MATERIALS, FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
  (C) AN EXPENDITURE MADE AFTER THE CANDIDATE HAS BEEN FINALLY DISQUALI-
FIED FROM THE BALLOT;
  (D)  AN  EXPENDITURE  MADE  AFTER  THE  ONLY REMAINING OPPONENT OF THE
CANDIDATE HAS BEEN FINALLY DISQUALIFIED  FROM  THE  GENERAL  OR  SPECIAL
ELECTION BALLOT;
  (E) AN EXPENDITURE MADE BY CASH PAYMENT;
  (F)  A  CONTRIBUTION  OR  LOAN  OR  TRANSFER MADE TO OR EXPENDITURE TO
SUPPORT ANOTHER CANDIDATE OR POLITICAL COMMITTEE OR PARTY, COMMITTEE  OR
CONSTITUTED COMMITTEE;
  (G)  AN  EXPENDITURE  TO  SUPPORT  OR OPPOSE A CANDIDATE FOR AN OFFICE
OTHER THAN THAT WHICH THE PARTICIPATING CANDIDATE SEEKS;
  (H) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED CAMPAIGN
MATERIAL;
  (I) LEGAL FEES TO DEFEND AGAINST A CRIMINAL CHARGE;
  (J) PAYMENTS TO IMMEDIATE FAMILY MEMBERS OF THE  PARTICIPATING  CANDI-
DATE; OR
  (K)  ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION,  ACCEPTANCE,
AUTHORIZATION, DECLINATION OR SUBSTITUTION.
  S  14-208.  POWERS AND DUTIES OF THE BOARD.  1. ADVISORY OPINIONS. THE
BOARD SHALL 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.    THE BOARD SHALL PROMULGATE RULES REGARDING REASONABLE TIMES TO
RESPOND TO SUCH REQUESTS. THE BOARD SHALL MAKE PUBLIC THE  QUESTIONS  OF
INTERPRETATION  FOR  WHICH  ADVISORY  OPINIONS WILL BE CONSIDERED BY THE
BOARD AND ITS ADVISORY OPINIONS, INCLUDING BY PUBLICATION ON ITS WEBPAGE
WITH IDENTIFYING INFORMATION REDACTED AS  THE  BOARD  DETERMINES  TO  BE
APPROPRIATE.
  2. PUBLIC INFORMATION AND CANDIDATE EDUCATION. THE BOARD SHALL 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 WEBPAGE.
THE BOARD SHALL PREPARE IN PLAIN LANGUAGE AND MAKE AVAILABLE EDUCATIONAL
MATERIALS, INCLUDING COMPLIANCE MANUALS AND SUMMARIES  AND  EXPLANATIONS
OF THE PURPOSES AND PROVISIONS OF THIS TITLE. THE BOARD SHALL PREPARE OR
HAVE  PREPARED  AND  MAKE  AVAILABLE MATERIALS, INCLUDING, TO THE EXTENT
FEASIBLE, COMPUTER SOFTWARE, TO FACILITATE THE TASK OF  COMPLIANCE  WITH
THE DISCLOSURE AND RECORD-KEEPING REQUIREMENTS OF THIS TITLE.
  3.  RULES  AND  REGULATIONS.  THE  BOARD  SHALL  HAVE THE AUTHORITY TO
PROMULGATE SUCH RULES AND REGULATIONS AND PROVIDE SUCH FORMS AS IT DEEMS
NECESSARY FOR THE ADMINISTRATION OF THIS TITLE.
  4. DATABASE.  THE  BOARD  SHALL  DEVELOP  AN  INTERACTIVE,  SEARCHABLE
COMPUTER  DATABASE  THAT SHALL CONTAIN ALL INFORMATION NECESSARY FOR THE
PROPER ADMINISTRATION OF THIS TITLE INCLUDING  INFORMATION  ON  CONTRIB-
UTIONS TO AND EXPENDITURES BY CANDIDATES AND THEIR AUTHORIZED COMMITTEE,
INDEPENDENT  EXPENDITURES  IN  SUPPORT  OR  OPPOSITION OF CANDIDATES FOR

S. 6411                            17                            A. 9011

COVERED OFFICES, AND DISTRIBUTIONS OF MONEYS FROM THE FUND.  SUCH  DATA-
BASE SHALL BE ACCESSIBLE TO THE PUBLIC ON THE BOARD'S WEBPAGE.
  5.  THE BOARD SHALL WORK WITH THE CHIEF ENFORCEMENT COUNSEL TO ENFORCE
THIS SECTION.
  S 14-209. AUDITS AND REPAYMENTS.  1. AUDITS. THE BOARD SHALL AUDIT AND
EXAMINE ALL MATTERS RELATING TO THE PROPER ADMINISTRATION OF THIS  TITLE
AND SHALL COMPLETE SUCH AUDIT NO LATER THAN TWO YEARS AFTER THE ELECTION
IN QUESTION.  EVERY CANDIDATE WHO RECEIVES PUBLIC FUNDS UNDER THIS TITLE
SHALL  BE  AUDITED BY THE BOARD. THE COST OF COMPLYING WITH A POST-ELEC-
TION AUDIT SHALL BE BORNE BY THE CANDIDATE'S AUTHORIZED COMMITTEE  USING
PUBLIC  FUNDS,  PRIVATE  FUNDS OR ANY COMBINATION OF SUCH FUNDS.  CANDI-
DATES WHO RUN IN ANY PRIMARY OR GENERAL ELECTION MUST MAINTAIN A RESERVE
OF THREE PERCENT OF THE PUBLIC FUNDS RECEIVED TO COMPLY WITH THE POST-E-
LECTION AUDIT.  THE BOARD SHALL ISSUE TO EACH CAMPAIGN AUDITED  A  FINAL
AUDIT REPORT THAT DETAILS ITS FINDINGS.
  2.  REPAYMENTS.  (A)  IF  THE BOARD DETERMINES THAT ANY PORTION OF THE
PAYMENT MADE TO A CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS  IN
EXCESS  OF  THE  AGGREGATE  AMOUNT  OF  PAYMENTS THAT SUCH CANDIDATE WAS
ELIGIBLE TO RECEIVE PURSUANT TO THIS TITLE, IT SHALL NOTIFY SUCH COMMIT-
TEE AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN  AMOUNT  EQUAL  TO  THE
AMOUNT  OF  EXCESS  PAYMENTS.  PROVIDED,  HOWEVER, THAT IF THE ERRONEOUS
PAYMENT WAS THE RESULT OF AN ERROR BY  THE  BOARD,  THEN  THE  ERRONEOUS
PAYMENT  WILL  BE  DEDUCTED  FROM  ANY FUTURE PAYMENT, IF ANY, AND IF NO
PAYMENT IS TO BE MADE THEN NEITHER THE CANDIDATE NOR THE COMMITTEE SHALL
BE LIABLE TO REPAY THE EXCESS AMOUNT TO THE BOARD.  THE  CANDIDATE,  THE
TREASURER  AND  THE  CANDIDATE'S  AUTHORIZED  COMMITTEE  ARE JOINTLY AND
SEVERABLY LIABLE FOR ANY REPAYMENTS TO THE BOARD.
  (B) IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO  A
CANDIDATE'S  AUTHORIZED  COMMITTEE  FROM  THE FUND WAS USED FOR PURPOSES
OTHER THAN QUALIFIED CAMPAIGN EXPENDITURES AND  SUCH  EXPENDITURES  WERE
NOT  APPROVED BY THE BOARD, IT SHALL NOTIFY SUCH COMMITTEE OF THE AMOUNT
SO DISQUALIFIED AND SUCH COMMITTEE SHALL PAY  TO  THE  BOARD  AN  AMOUNT
EQUAL  TO SUCH DISQUALIFIED AMOUNT. THE CANDIDATE, THE TREASURER AND THE
CANDIDATE'S AUTHORIZED COMMITTEE ARE JOINTLY AND  SEVERABLY  LIABLE  FOR
ANY REPAYMENTS TO THE BOARD.
  (C) IF THE TOTAL OF PAYMENTS FROM THE FUND RECEIVED BY A PARTICIPATING
CANDIDATE  AND HIS OR HER AUTHORIZED COMMITTEE EXCEED THE TOTAL CAMPAIGN
EXPENDITURES OF SUCH CANDIDATE AND AUTHORIZED COMMITTEE FOR ALL  COVERED
ELECTIONS  HELD  IN  THE SAME CALENDAR YEAR OR FOR A SPECIAL ELECTION TO
FILL A VACANCY, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS FUNDS
TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH AUTHORIZED COMMITTEE
FROM THE FUND DURING SUCH CALENDAR YEAR OR FOR  SUCH  SPECIAL  ELECTION.
PARTICIPATING  CANDIDATES SHALL PAY TO THE BOARD UNSPENT PUBLIC CAMPAIGN
FUNDS FROM AN ELECTION  NOT  LATER  THAN  TWENTY-SEVEN  DAYS  AFTER  ALL
LIABILITIES  FOR THE ELECTION HAVE BEEN PAID AND IN ANY EVENT, NOT LATER
THAN THE DAY ON WHICH THE BOARD ISSUES ITS FINAL AUDIT  REPORT  FOR  THE
PARTICIPATING  CANDIDATE'S AUTHORIZED COMMITTEE; PROVIDED, HOWEVER, THAT
ALL UNSPENT PUBLIC CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE SHALL BE
IMMEDIATELY DUE AND PAYABLE TO THE BOARD UPON  A  DETERMINATION  BY  THE
BOARD  THAT  THE  PARTICIPANT  HAS  DELAYED  THE  POST-ELECTION AUDIT. A
PARTICIPATING CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES WITH  PUBLIC
FUNDS ONLY FOR ROUTINE ACTIVITIES INVOLVING NOMINAL COST ASSOCIATED WITH
WINDING  UP A CAMPAIGN AND RESPONDING TO THE POST-ELECTION AUDIT.  NOTH-
ING IN THIS TITLE SHALL BE CONSTRUED TO PREVENT A CANDIDATE  OR  HIS  OR
HER AUTHORIZED COMMITTEE FROM USING CAMPAIGN CONTRIBUTIONS RECEIVED FROM
PRIVATE CONTRIBUTORS FOR OTHERWISE LAWFUL EXPENDITURES.

S. 6411                            18                            A. 9011

  3.  RULES AND REGULATIONS.  THE BOARD SHALL PROMULGATE REGULATIONS FOR
THE CERTIFICATION OF THE AMOUNT OF FUNDS  PAYABLE  BY  THE  COMPTROLLER,
FROM  THE FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE STATE
FINANCE LAW, TO A PARTICIPATING CANDIDATE THAT HAS QUALIFIED TO  RECEIVE
SUCH  PAYMENT.  THESE  REGULATIONS  SHALL  INCLUDE  THE PROMULGATION AND
DISTRIBUTION OF FORMS ON WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO  BE
REPORTED,  THE  PERIODS  DURING WHICH SUCH REPORTS MUST BE FILED AND THE
VERIFICATION REQUIRED. THE BOARD SHALL INSTITUTE PROCEDURES  WHICH  WILL
MAKE  POSSIBLE  PAYMENT  BY  THE  FUND  WITHIN  FOUR BUSINESS DAYS AFTER
RECEIPT OF THE REQUIRED FORMS AND VERIFICATIONS.
  S  14-210.  ENFORCEMENT  AND  PENALTIES  FOR  VIOLATIONS   AND   OTHER
PROCEEDINGS.    1.  CIVIL PENALTIES. VIOLATIONS OF ANY PROVISION OF THIS
TITLE OR RULE PROMULGATED PURSUANT TO THIS TITLE SHALL BE SUBJECT  TO  A
CIVIL PENALTY IN AN AMOUNT NOT IN EXCESS OF FIFTEEN THOUSAND DOLLARS.
  2. NOTICE OF VIOLATION AND OPPORTUNITY TO CONTEST. THE BOARD SHALL:
  (A)  DETERMINE  WHETHER  A VIOLATION OF ANY PROVISION OF THIS TITLE OR
RULE PROMULGATED HEREUNDER HAS BEEN COMMITTED;
  (B) GIVE WRITTEN NOTICE AND THE OPPORTUNITY TO CONTEST BEFORE AN INDE-
PENDENT HEARING OFFICER TO EACH  PERSON  OR  ENTITY  IT  HAS  REASON  TO
BELIEVE HAS COMMITTED A VIOLATION; AND
  (C)  IF  APPROPRIATE,  ASSESS PENALTIES FOR VIOLATIONS, FOLLOWING SUCH
NOTICE AND OPPORTUNITY TO CONTEST.
  3. CRIMINAL CONDUCT. ANY PERSON WHO KNOWINGLY AND WILLFULLY  FURNISHES
OR  SUBMITS  FALSE  STATEMENTS OR INFORMATION TO THE BOARD IN CONNECTION
WITH ITS ADMINISTRATION OF THIS TITLE, SHALL BE GUILTY OF A  MISDEMEANOR
IN ADDITION TO ANY OTHER PENALTY AS MAY BE IMPOSED UNDER THIS CHAPTER OR
PURSUANT  TO  ANY OTHER LAW. THE CHIEF ENFORCEMENT COUNSEL SHALL SEEK TO
RECOVER ANY PUBLIC MATCHING FUNDS OBTAINED AS A RESULT OF SUCH  CRIMINAL
CONDUCT.
  4. PROCEEDINGS AS TO PUBLIC FINANCING. (A) THE DETERMINATION OF ELIGI-
BILITY  PURSUANT  TO  THIS  TITLE  AND ANY QUESTION OR ISSUE RELATING TO
PAYMENTS FOR  CAMPAIGN  EXPENDITURES  PURSUANT  TO  THIS  TITLE  MAY  BE
CONTESTED  IN A PROCEEDING INSTITUTED IN THE SUPREME COURT, ALBANY COUN-
TY, BY ANY AGGRIEVED CANDIDATE.
  (B) A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION  OF  ELIGIBILITY
OR  PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO THIS CHAPTER
SHALL BE INSTITUTED WITHIN FOURTEEN DAYS AFTER  SUCH  DETERMINATION  WAS
MADE. THE BOARD SHALL BE MADE A PARTY TO ANY SUCH PROCEEDING.
  (C)  UPON THE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE FROM A PARTIC-
IPATING CANDIDATE OR SUCH CANDIDATE'S  AUTHORIZED  COMMITTEE  AFTER  THE
ISSUANCE  OF  WRITTEN  NOTICE  OF  SUCH  AMOUNT DUE, AS REQUIRED BY THIS
TITLE, THE CHIEF  ENFORCEMENT  COUNSEL  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  BOARD
AS  A  RESULT OF AN EXAMINATION AND AUDIT MADE PURSUANT TO THIS TITLE OR
TO OBTAIN SUCH AMOUNTS DIRECTLY FROM THE CANDIDATE OR AUTHORIZED COMMIT-
TEE AFTER A HEARING AT THE BOARD.
  (D) THE CHIEF ENFORCEMENT COUNSEL 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 BOARD
PURSUANT TO THIS TITLE OR TO IMPOSE SUCH PENALTY DIRECTLY AFTER A  HEAR-
ING AT THE BOARD.
  S  14-211.  REPORTS. THE BOARD SHALL REVIEW AND EVALUATE THE EFFECT OF
THIS TITLE UPON THE CONDUCT OF ELECTION CAMPAIGNS  AND  SHALL  SUBMIT  A
REPORT TO THE LEGISLATURE ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWEN-
TY,  AND  EVERY  THIRD  YEAR  THEREAFTER, AND AT ANY OTHER TIME UPON THE

S. 6411                            19                            A. 9011

REQUEST OF THE GOVERNOR AND AT SUCH  OTHER  TIMES  AS  THE  BOARD  DEEMS
APPROPRIATE. THESE REPORTS 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 THESE CANDIDATES;
  3. THE AMOUNT OF PUBLIC MATCHING FUNDS  EACH  PARTICIPATING  CANDIDATE
RECEIVED, SPENT, AND REPAID PURSUANT TO THIS TITLE;
  4.  ANALYSIS  OF  THE  EFFECT  OF  THIS  TITLE ON POLITICAL CAMPAIGNS,
INCLUDING ITS EFFECT ON THE SOURCES AND AMOUNTS  OF  PRIVATE  FINANCING,
THE  LEVEL  OF CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE NUMBER OF
CANDIDATES, THE CANDIDATES' ABILITY TO CAMPAIGN EFFECTIVELY  FOR  PUBLIC
OFFICE,  AND  THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
AND
  5. RECOMMENDATIONS FOR AMENDMENTS TO THIS TITLE, INCLUDING CHANGES  IN
CONTRIBUTION  LIMITS, THRESHOLDS FOR ELIGIBILITY, AND ANY OTHER FEATURES
OF THE SYSTEM.
  S 14-212. DEBATES FOR CANDIDATES FOR  STATEWIDE  OFFICE.    THE  BOARD
SHALL  PROMULGATE  REGULATIONS TO FACILITATE DEBATES AMONG PARTICIPATING
CANDIDATES WHO SEEK ELECTION TO STATEWIDE OFFICE.  PARTICIPATING  CANDI-
DATES ARE REQUIRED TO PARTICIPATE IN ONE DEBATE BEFORE EACH ELECTION FOR
WHICH  THE  CANDIDATE  RECEIVES  PUBLIC  FUNDS, UNLESS THE PARTICIPATING
CANDIDATE IS RUNNING UNOPPOSED. NONPARTICIPATING CANDIDATES MAY  PARTIC-
IPATE IN SUCH DEBATES.
  S  14-213. SEVERABILITY.   IF ANY CLAUSE, SENTENCE, SUBDIVISION, PARA-
GRAPH, SECTION OR PART OF THIS TITLE BE ADJUDGED BY ANY COURT OF  COMPE-
TENT  JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR
OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
TION TO THE CLAUSE, SENTENCE, SUBDIVISION, PARAGRAPH,  SECTION  OR  PART
THEREOF  DIRECTLY  INVOLVED  IN  THE  CONTROVERSY IN WHICH SUCH JUDGMENT
SHALL HAVE BEEN RENDERED.
  S 9. The state finance law is amended by adding a new section 92-t  to
read as follows:
  S  92-T.  NEW  YORK  STATE  CAMPAIGN  FINANCE FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
COMMISSIONER  OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW YORK
STATE CAMPAIGN FINANCE FUND.
  2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE NEW  YORK
STATE  CAMPAIGN  FINANCE  FUND  CHECK-OFF  PURSUANT TO SUBSECTION (H) OF
SECTION SIX HUNDRED FIFTY-EIGHT OF THE TAX LAW, FROM THE ABANDONED PROP-
ERTY FUND PURSUANT TO SECTION NINETY-FIVE  OF  THIS  ARTICLE,  FROM  THE
GENERAL  FUND, AND FROM ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO
FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.   SUCH  FUND  SHALL  ALSO
RECEIVE  CONTRIBUTIONS FROM PRIVATE INDIVIDUALS, ORGANIZATIONS, OR OTHER
PERSONS TO FULFILL THE PURPOSES OF THE PUBLIC FINANCING SYSTEM.
  3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO  CANDIDATES  PURSUANT
TO  TITLE II OF ARTICLE FOURTEEN OF THE ELECTION LAW AND FOR ADMINISTRA-
TIVE EXPENSES RELATED TO THE IMPLEMENTATION OF ARTICLE FOURTEEN  OF  THE
ELECTION  LAW.  MONEYS  SHALL BE PAID OUT OF THE FUND BY THE STATE COMP-
TROLLER ON  VOUCHERS  CERTIFIED  OR  APPROVED  BY  THE  STATE  BOARD  OF
ELECTIONS,   OR  ITS  DULY  DESIGNATED  REPRESENTATIVE,  IN  THE  MANNER
PRESCRIBED BY LAW, NOT MORE THAN FIVE WORKING DAYS AFTER SUCH VOUCHER IS
RECEIVED BY THE STATE COMPTROLLER.

S. 6411                            20                            A. 9011

  4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  IF,  IN  ANY
STATE  FISCAL  YEAR, THE STATE CAMPAIGN FINANCE FUND LACKS THE AMOUNT OF
MONEY TO PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES  AND  CERTIFIED
OR  APPROVED  BY THE STATE BOARD OF ELECTIONS, ANY SUCH DEFICIENCY SHALL
BE  PAID  BY  THE STATE COMPTROLLER, FROM FUNDS DEPOSITED IN THE GENERAL
FUND OF THE STATE NOT MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER  IS
RECEIVED BY THE STATE COMPTROLLER.
  5.  COMMENCING IN TWO THOUSAND NINETEEN, IF THE SURPLUS IN THE FUND ON
APRIL FIRST OF THE YEAR AFTER A YEAR IN  WHICH  A  GOVERNOR  IS  ELECTED
EXCEEDS  TWENTY-FIVE PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER THE
PREVIOUS FOUR YEARS, THE EXCESS SHALL REVERT TO THE GENERAL FUND OF  THE
STATE.
  6.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
PRIMARY  ELECTION  ANY  EARLIER  THAN  THIRTY  DAYS  AFTER   DESIGNATING
PETITIONS  OR  CERTIFICATES  OF NOMINATION HAVE BEEN FILED AND NOT LATER
THAN THIRTY DAYS AFTER SUCH PRIMARY ELECTION.
  7. NO PUBLIC 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.
  8. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN  A
SPECIAL  ELECTION  ANY  EARLIER  THAN THE DAY AFTER THE LAST DAY TO FILE
CERTIFICATES OF PARTY NOMINATION FOR SUCH SPECIAL ELECTION.
  9. NO PUBLIC 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 COURT
IN A FINAL JUDGMENT.  NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH
A  CANDIDATE  OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON THE DATE OF
SUCH DISQUALIFICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY
PURPOSE EXCEPT THE PAYMENT OF LIABILITIES  INCURRED  BEFORE  SUCH  DATE.
ALL SUCH MONEYS SHALL BE REPAID TO THE FUND.
  S  10.  Section 95 of the state finance law is amended by adding a new
subdivision 5 to read as follows:
  5. (A) AS OFTEN AS NECESSARY, THE CO-CHAIRS  OF  THE  STATE  BOARD  OF
ELECTIONS SHALL CERTIFY THE AMOUNT SUCH CO-CHAIRS HAVE DETERMINED NECES-
SARY  TO  FUND  ESTIMATED  PAYMENTS FROM THE FUND ESTABLISHED BY SECTION
NINETY-TWO-T OF  THIS  ARTICLE  FOR  THE  PRIMARY,  GENERAL  OR  SPECIAL
ELECTION.
  (B)  NOTWITHSTANDING  ANY  PROVISION  OF  THIS SECTION AUTHORIZING THE
TRANSFER OF ANY MONEYS IN THE ABANDONED PROPERTY  FUND  TO  THE  GENERAL
FUND, THE COMPTROLLER, AFTER RECEIVING AMOUNTS  SUFFICIENT TO PAY CLAIMS
AGAINST  THE  ABANDONED PROPERTY FUND, SHALL, BASED UPON A CERTIFICATION
OF THE STATE BOARD OF ELECTIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
VISION, AND AT THE DIRECTION OF THE DIRECTOR OF THE BUDGET, TRANSFER THE
REQUESTED AMOUNT FROM REMAINING AVAILABLE MONIES IN THE ABANDONED  PROP-
ERTY   FUND   TO  THE  CAMPAIGN  FINANCE  FUND  ESTABLISHED  BY  SECTION
NINETY-TWO-T OF THIS ARTICLE.
  S 11. Section 658 of the tax law is amended by adding a new subsection
(h) to read as follows:
  (H) NEW YORK STATE CAMPAIGN FINANCE FUND CHECK-OFF. (1) FOR EACH TAXA-
BLE YEAR BEGINNING ON AND AFTER JANUARY  FIRST,  TWO  THOUSAND  SIXTEEN,
EVERY  RESIDENT  TAXPAYER  WHOSE NEW YORK STATE INCOME TAX LIABILITY FOR
THE TAXABLE YEAR FOR WHICH THE RETURN IS FILED IS FORTY DOLLARS OR  MORE
MAY  DESIGNATE  ON  SUCH  RETURN THAT FORTY DOLLARS BE PAID INTO THE NEW
YORK STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T  OF
THE  STATE FINANCE LAW. WHERE A HUSBAND AND WIFE FILE A JOINT RETURN AND

S. 6411                            21                            A. 9011

HAVE A NEW YORK STATE INCOME TAX LIABILITY  FOR  THE  TAXABLE  YEAR  FOR
WHICH  THE  RETURN  IS FILED IS EIGHTY DOLLARS OR MORE, OR FILE SEPARATE
RETURNS ON A SINGLE FORM, EACH SUCH TAXPAYER MAY  MAKE  SEPARATE  DESIG-
NATIONS  ON  SUCH  RETURN  OF FORTY DOLLARS TO BE PAID INTO THE NEW YORK
STATE CAMPAIGN FINANCE FUND.
  (2) THE COMMISSIONER SHALL TRANSFER TO THE  NEW  YORK  STATE  CAMPAIGN
FINANCE  FUND, ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE STATE
FINANCE LAW, AN AMOUNT EQUAL TO FORTY DOLLARS MULTIPLIED BY  THE  NUMBER
OF DESIGNATIONS.
  (3)  FOR  PURPOSES  OF THIS SUBSECTION, THE INCOME TAX LIABILITY OF AN
INDIVIDUAL FOR ANY TAXABLE YEAR IS THE AMOUNT OF TAX IMPOSED UNDER  THIS
ARTICLE  REDUCED  BY  THE  SUM  OF  THE  CREDITS (AS SHOWN IN HIS OR HER
RETURN) ALLOWABLE UNDER THIS ARTICLE.
  (4) THE DEPARTMENT SHALL INCLUDE A PLACE ON EVERY PERSONAL INCOME  TAX
RETURN  FORM TO BE FILED BY AN INDIVIDUAL FOR A TAX YEAR BEGINNING ON OR
AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, FOR SUCH TAXPAYER TO MAKE THE
DESIGNATIONS DESCRIBED IN PARAGRAPH ONE OF THIS SUBSECTION. SUCH  RETURN
FORM SHALL CONTAIN A CONCISE EXPLANATION OF THE PURPOSE OF SUCH OPTIONAL
DESIGNATIONS.
  S  12.  Severability. If any clause, sentence, subdivision, paragraph,
section or part of title II of article 14 of the election law, as  added
by  section  three  of  this  act  be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not  affect,  impair  or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, subdivision, paragraph, section or part thereof
directly  involved  in the controversy in which such judgment shall have
been rendered.
  S 13. This act shall take effect immediately; provided,  however,  all
affected  candidates will be eligible to participate in voluntary public
financing beginning with the 2018 primary election.

                                 PART D

  Section 1. Subdivisions 2 and 3 of section 86 of the  public  officers
law,  as added by chapter 933 of the laws of 1977, are amended and a new
subdivision 6 is added to read as follows:
  2. "State legislature" means the [legislature  of  the  state  of  New
York,  including]  NEW  YORK  STATE SENATE, NEW YORK STATE ASSEMBLY, any
committee, subcommittee, joint committee, select committee,  or  commis-
sion  thereof,  AND ANY MEMBERS, OFFICERS, REPRESENTATIVES AND EMPLOYEES
THEREOF.
  3. "Agency" means any state or municipal  department,  board,  bureau,
division,  commission,  committee, public authority, public corporation,
council, office or other governmental entity performing  a  governmental
or  proprietary function for the state or any one or more municipalities
thereof, except the judiciary [or the state legislature].
  6. "RESPECTIVE HOUSE OF THE STATE  LEGISLATURE"  MEANS  THE  NEW  YORK
STATE  SENATE, NEW YORK STATE ASSEMBLY, AND ANY CORRESPONDING COMMITTEE,
SUBCOMMITTEE, JOINT COMMITTEE, SELECT COMMITTEE, OR COMMISSION  THEREOF,
AND ANY MEMBERS, OFFICERS, REPRESENTATIVES AND EMPLOYEES THEREOF.
  S 2. Section 87 of the public officers law, as added by chapter 933 of
the  laws  of 1977, paragraph (a) and the opening paragraph of paragraph
(b) of subdivision 1 as amended by chapter  80  of  the  laws  of  1983,
subparagraph  iii of paragraph (b) of subdivision 1 as amended and para-
graph (c) of subdivision 1 and subdivision 5 as added by chapter 223  of
the  laws  of 2008, paragraph (d) of subdivision 2 as amended by chapter

S. 6411                            22                            A. 9011

289 of the laws of 1990, paragraph (f) of subdivision 2  as  amended  by
chapter  403  of  the  laws  of  2003, paragraph (g) of subdivision 2 as
amended by chapter 510 of the laws of 1999, paragraph (i) of subdivision
2 as amended by chapter 154 of the laws of 2010, paragraph (j) of subdi-
vision  2  as added by chapter 746 of the laws of 1988, paragraph (k) of
subdivision 2 as separately added by chapters 19, 20, 21, 22, 23 and 383
of the laws of 2009, paragraph (l) of subdivision 2 as added by  section
12 of part II of chapter 59 of the laws of 2010, paragraph (m) of subdi-
vision  2  as added by chapter 189 of the laws of 2013, paragraph (n) of
subdivision 2 as added by chapter 43 of the laws of 2014, paragraph  (n)
of subdivision 2 as separately added by chapters 99, 101, and 123 of the
laws  of 2014, paragraph (o) of subdivision 2 as added by chapter 222 of
the laws of 2015, paragraph (c) of subdivision 3 as amended  by  chapter
499  of  the  laws of 2008, subdivision 4 as added by chapter 890 of the
laws of 1981, and paragraph (c) of subdivision 4 as added by chapter 102
of the laws of 2007, is amended to read as follows:
  S 87. Access to agency OR STATE LEGISLATURE  records.  1.  (a)  Within
sixty  days after the effective date of this article, the governing body
of each public corporation shall  promulgate  uniform  rules  and  regu-
lations  for  all  agencies  in such public corporation pursuant to such
general rules and regulations as may be promulgated by the committee  on
open  government  in  conformity  with  the  provisions of this article,
pertaining to the administration of this article.
  (b) Each agency AND EACH HOUSE OF THE STATE LEGISLATURE shall  promul-
gate rules and regulations, in conformity with this article and applica-
ble  rules  and  regulations  promulgated  pursuant to the provisions of
paragraph (a) of this subdivision, and pursuant to  such  general  rules
and  regulations  as may be promulgated by the committee on open govern-
ment in conformity with the provisions of this  article,  pertaining  to
the  availability  of  records and procedures to be followed, including,
but not limited to:
  i. the times and places such records are available;
  ii. the persons from whom such records may be obtained[,]; and
  iii. the fees for copies of records which shall not exceed twenty-five
cents per photocopy not in excess of nine inches by fourteen inches,  or
the  actual  cost of reproducing any other record in accordance with the
provisions of paragraph (c) of this subdivision, except when a different
fee is otherwise prescribed by statute.
  (c) In determining the actual cost of reproducing a record, an  agency
AND THE STATE LEGISLATURE may include only:
  i.  an amount equal to the hourly salary attributed to the lowest paid
EMPLOYEE OF AN agency or [employee] RESPECTIVE HOUSE OF THE STATE LEGIS-
LATURE who has the necessary skill required to prepare  a  copy  of  the
requested record;
  ii.  the  actual  cost of the storage devices or media provided to the
person making the request in complying with such request;
  iii. the actual cost to the agency OR TO THE RESPECTIVE HOUSE  OF  THE
STATE LEGISLATURE of engaging an outside professional service to prepare
a copy of a record, but only when an agency's OR RESPECTIVE HOUSE OF THE
STATE  LEGISLATURE'S  information  technology equipment is inadequate to
prepare a copy, if such service is used to prepare the copy; and
  iv. preparing a copy shall not include search time  or  administrative
costs,  and  no fee shall be charged unless at least two hours of agency
OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE employee time is needed  to
prepare  a  copy  of  the record requested. A person requesting a record
shall be informed of the estimated cost  of  preparing  a  copy  of  the

S. 6411                            23                            A. 9011

record  if  more  than two hours of an agency OR RESPECTIVE HOUSE OF THE
STATE LEGISLATURE employee's time is needed, or if  an  outside  profes-
sional service would be retained to prepare a copy of the record.
  2.  Each  agency  AND  THE  RESPECTIVE  HOUSE OF THE STATE LEGISLATURE
shall, in accordance with its published rules, make available for public
inspection and copying all records, except  that  such  agency  AND  THE
RESPECTIVE  HOUSE OF THE STATE LEGISLATURE may deny access to records or
portions thereof that:
  (a) are specifically exempted from  disclosure  by  state  or  federal
statute;
  (b)  if disclosed would constitute an unwarranted invasion of personal
privacy under the provisions of subdivision two of  section  eighty-nine
of this article;
  (c)  if  disclosed would impair present or imminent contract awards or
collective bargaining negotiations PROVIDED, HOWEVER, THAT THE  PROPOSED
TERMS  OF  AN AGREEMENT BETWEEN A PUBLIC EMPLOYER AND AN EMPLOYEE ORGAN-
IZATION, AS THOSE TERMS ARE DEFINED IN ARTICLE  FOURTEEN  OF  THE  CIVIL
SERVICE LAW, THAT REQUIRE RATIFICATION BY MEMBERS OF THE EMPLOYEE ORGAN-
IZATION OR BY THE PUBLIC EMPLOYER, WHERE APPLICABLE, OR APPROVAL OF SUCH
PROVISIONS  BY  THE  APPROPRIATE LEGISLATIVE BODY AS REQUIRED BY SECTION
TWO HUNDRED FOUR-A OF THE CIVIL SERVICE LAW, SHALL BE MADE AVAILABLE  TO
THE PUBLIC NO LATER THAN WHEN SUCH PROPOSED TERMS ARE SENT TO MEMBERS OF
THE   EMPLOYEE  ORGANIZATION  FOR  RATIFICATION,  WHEN  SUCH  TERMS  ARE
PRESENTED TO THE EMPLOYER FOR RATIFICATION, WHERE  APPLICABLE,  OR  WHEN
THE  PROVISIONS  OF SUCH AGREEMENT REQUIRING APPROVAL BY THE APPROPRIATE
LEGISLATIVE BODY PURSUANT TO SECTION TWO HUNDRED  FOUR-A  OF  THE  CIVIL
SERVICE  LAW  ARE  SUBMITTED  TO  SUCH BODY, WHICHEVER DATE IS EARLIEST.
ADDITIONALLY, A COPY OF THE PROPOSED TERMS OF SUCH  AGREEMENT  SHALL  BE
PLACED  ON  THE  WEBSITE  OF  THE  APPLICABLE  PUBLIC  EMPLOYER, IF SUCH
WEBSITES EXIST, AND WITHIN THE LOCAL PUBLIC  LIBRARIES  AND  OFFICES  OF
SUCH PUBLIC EMPLOYER, OR IN THE CASE OF COLLECTIVE BARGAINING AGREEMENTS
NEGOTIATED  BY  THE  STATE,  ON  THE  WEBSITE  OF THE OFFICE OF EMPLOYEE
RELATIONS ON SUCH DATE;
  (d) are trade secrets or are submitted to an agency OR TO THE  RESPEC-
TIVE  HOUSE  OF  THE  STATE  LEGISLATURE  by  a commercial enterprise or
derived from information obtained from a commercial enterprise and which
if disclosed would cause substantial injury to the competitive  position
of the subject enterprise;
  (e) are compiled for law enforcement purposes and which, if disclosed,
would:
  i.   interfere   with   law  enforcement  investigations  or  judicial
proceedings;
  ii. deprive a person of a right to a fair trial or  impartial  adjudi-
cation;
  iii.  identify a confidential source or disclose confidential informa-
tion relating to a criminal investigation; or
  iv. reveal criminal investigative  techniques  or  procedures,  except
routine techniques and procedures;
  (f) if disclosed could endanger CRITICAL INFRASTRUCTURE OR the life or
safety of any person;
  (g) are inter-agency or intra-agency materials which are not:
  i. statistical or factual tabulations or data;
  ii. instructions to staff that affect the public;
  iii. final agency policy or determinations;
  iv.  external audits, including but not limited to audits performed by
the comptroller and the federal government; [or]

S. 6411                            24                            A. 9011

  (G-1) ARE MATERIALS EXCHANGED WITHIN THE STATE LEGISLATURE  WHICH  ARE
NOT:
  I. STATISTICAL OR FACTUAL TABULATIONS OR DATA;
  II. INSTRUCTIONS TO STAFF THAT AFFECT THE PUBLIC;
  III.  FINAL  POLICY  OR  DETERMINATIONS OF THE RESPECTIVE HOUSE OF THE
STATE LEGISLATURE;
  IV. EXTERNAL AUDITS, INCLUDING BUT NOT LIMITED TO AUDITS PERFORMED  BY
THE COMPTROLLER AND THE FEDERAL GOVERNMENT; OR
  (h)  are examination questions or answers which are requested prior to
the final administration of such questions.
  (i) if disclosed, would jeopardize the  capacity  of  an  agency,  THE
STATE  LEGISLATURE,  or  an  entity  that has shared information with an
agency OR THE STATE LEGISLATURE to guarantee the security of its  infor-
mation  technology  assets,  such  assets  encompassing  both electronic
information systems and infrastructures; or
  (j) are photographs, microphotographs,  videotape  or  other  recorded
images  prepared  under  authority of section eleven hundred eleven-a of
the vehicle and traffic law.
  (k) are photographs, microphotographs,  videotape  or  other  recorded
images  prepared  under  authority of section eleven hundred eleven-b of
the vehicle and traffic law.
  (l) are photographs, microphotographs,  videotape  or  other  recorded
images  produced  by a bus lane photo device prepared under authority of
section eleven hundred eleven-c of the vehicle and traffic law.
  (m) are photographs, microphotographs,  videotape  or  other  recorded
images  prepared  under the authority of section eleven hundred eighty-b
of the vehicle and traffic law.
  (n) are photographs, microphotographs,  videotape  or  other  recorded
images  prepared  under the authority of section eleven hundred eighty-c
of the vehicle and traffic law.
  (n) are photographs, microphotographs,  videotape  or  other  recorded
images  prepared  under  authority of section eleven hundred eleven-d of
the vehicle and traffic law.
  (o) are photographs, microphotographs,  videotape  or  other  recorded
images  prepared  under  authority of section eleven hundred eleven-e of
the vehicle and traffic law.
  3. Each agency AND THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE shall
maintain:
  (a) a record of the final vote of each member in every agency OR STATE
LEGISLATURE proceeding in which the member votes;
  (B) A RECORD OF VOTES OF  EACH  MEMBER  IN  EVERY  SESSION  AND  EVERY
COMMITTEE  AND SUBCOMMITTEE MEETING IN WHICH THE MEMBER OF THE SENATE OR
ASSEMBLY VOTES;
  [(b)] (C) a record setting forth  the  name,  public  office  address,
title and salary of every officer or employee of the agency OR THE STATE
LEGISLATURE; and
  [(c)]  (D) a reasonably detailed current list by subject matter of all
records in the possession of the agency OR STATE LEGISLATURE, whether or
not available under this article. Each agency AND EACH RESPECTIVE  HOUSE
OF  THE STATE LEGISLATURE shall update its subject matter list annually,
and the date of the most recent update shall be conspicuously  indicated
on  the  list.  [Each]  THE  STATE  LEGISLATURE AND EACH state agency as
defined in subdivision four of this section  that  maintains  a  website
shall  post  its  current  list on its website and such posting shall be
linked to the website of the committee  on  open  government.  Any  such
agency OR PART OF THE STATE LEGISLATURE that does not maintain a website

S. 6411                            25                            A. 9011

shall arrange to have its list posted on the website of the committee on
open government.
  4.  (a) Each state agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE
which maintains records containing trade secrets, to which access may be
denied pursuant to paragraph (d) of subdivision  two  of  this  section,
shall promulgate regulations in conformity with the provisions of subdi-
vision  five  of  section eighty-nine of this article pertaining to such
records, including, but not limited to the following:
  (1) the manner of identifying the records or parts;
  (2) the manner of identifying persons within the agency OR  RESPECTIVE
HOUSE  OF  THE  STATE  LEGISLATURE to whose custody the records or parts
will be charged and for whose inspection and study the records  will  be
made available;
  (3)  the manner of safeguarding against any unauthorized access to the
records.
  (b) As used in this subdivision the term "agency"  or  "state  agency"
means  only  a  state  department,  board,  bureau, division, council or
office and any public corporation the  majority  of  whose  members  are
appointed by the governor.
  (c) AS USED IN THIS SUBDIVISION THE TERM "STATE LEGISLATURE" MEANS THE
LEGISLATURE  AS DEFINED IN SUBDIVISION TWO OF SECTION EIGHTY-SIX OF THIS
ARTICLE.
  (D) Each state agency AND RESPECTIVE HOUSE OF  THE  STATE  LEGISLATURE
that  maintains a website shall post information related to this article
and article six-A of this chapter on its website. Such information shall
include, at a minimum, contact information for  the  persons  from  whom
records  of  the agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE may
be obtained, the  times  and  places  such  records  are  available  for
inspection  and  copying,  and  information on how to request records in
person, by mail, and, if the agency OR RESPECTIVE  HOUSE  OF  THE  STATE
LEGISLATURE accepts requests for records electronically, by e-mail. This
posting  shall be linked to the website of the committee on open govern-
ment.
  5. (a) An agency AND THE RESPECTIVE HOUSE  OF  THE  STATE  LEGISLATURE
shall provide records on the medium requested by a person, if the agency
OR  THE  RESPECTIVE  HOUSE  OF THE STATE LEGISLATURE can reasonably make
such copy or have such copy made by  engaging  an  outside  professional
service. Records provided in a computer format shall not be encrypted.
  (b)  No  agency  NOR THE STATE LEGISLATURE shall enter into or renew a
contract for the creation or maintenance of  records  if  such  contract
impairs  the  right of the public to inspect or copy the agency's OR THE
STATE LEGISLATURE'S records.
  6. (A) EACH AGENCY AND HOUSE OF THE STATE LEGISLATURE  SHALL  PUBLISH,
ON  ITS INTERNET WEBSITE, TO THE EXTENT PRACTICABLE, RECORDS OR PORTIONS
OF RECORDS THAT ARE AVAILABLE TO THE PUBLIC PURSUANT TO  THE  PROVISIONS
OF  THIS ARTICLE, OR WHICH, IN CONSIDERATION OF THEIR NATURE, CONTENT OR
SUBJECT MATTER, ARE DETERMINED BY THE  AGENCY  OR  HOUSE  OF  THE  STATE
LEGISLATURE  TO  BE  OF  SUBSTANTIAL  INTEREST  TO  THE PUBLIC. ANY SUCH
RECORDS MAY BE REMOVED FROM THE INTERNET  WEBSITE  WHEN  THE  AGENCY  OR
HOUSE  OF  THE  STATE  LEGISLATURE DETERMINES THAT THEY ARE NO LONGER OF
SUBSTANTIAL INTEREST TO THE PUBLIC. ANY SUCH RECORDS MAY BE REMOVED FROM
THE INTERNET WEBSITE WHEN THEY HAVE  REACHED  THE  END  OF  THEIR  LEGAL
RETENTION PERIOD. GUIDANCE ON CREATING RECORDS IN ACCESSIBLE FORMATS AND
ENSURING  THEIR  CONTINUING  ACCESSIBILITY  SHALL  BE AVAILABLE FROM THE
OFFICE FOR TECHNOLOGY AND THE STATE ARCHIVES.

S. 6411                            26                            A. 9011

  (B) THE PROVISIONS OF PARAGRAPH (A)  OF  THIS  SUBDIVISION  SHALL  NOT
APPLY  TO  RECORDS  OR PORTIONS OF RECORDS THE DISCLOSURE OF WHICH WOULD
CONSTITUTE AN UNWARRANTED INVASION OF  PERSONAL  PRIVACY  IN  ACCORDANCE
WITH SUBDIVISION TWO OF SECTION EIGHTY-NINE OF THIS ARTICLE.
  (C)  THE  COMMITTEE  ON OPEN GOVERNMENT SHALL PROMULGATE GUIDELINES TO
EFFECTUATE THIS SUBDIVISION.
  (D) NOTHING IN THIS SUBDIVISION SHALL BE  CONSTRUED  AS  TO  LIMIT  OR
ABRIDGE  THE  POWER  OF  AN  AGENCY OR HOUSE OF THE STATE LEGISLATURE TO
PUBLISH RECORDS  ON  ITS  INTERNET  WEBSITE  THAT  ARE  SUBJECT  TO  THE
PROVISIONS  OF  THIS  ARTICLE  PRIOR  TO A WRITTEN REQUEST OR PRIOR TO A
FREQUENT REQUEST.
  S 3. Section 88 of the public officers law is REPEALED.
  S 4. Section 89 of the public officers law, as added by chapter 933 of
the laws of 1977, paragraph (a) of subdivision 1 as amended  by  chapter
33  of  the  laws  of 1984, paragraph (b) of subdivision 1 as amended by
chapter 182 of the laws of 2006, subdivision 2 as amended by section  11
of part U of chapter 61 of the laws of 2011, subdivision 2-a as added by
chapter 652 of the laws of 1983, subdivision 3 as amended by chapter 223
of  the laws of 2008, subdivision 4 as amended by chapter 22 of the laws
of 2005, paragraph (c) of subdivision 4 as amended by chapter 492 of the
laws of 2006, subdivision 5 as added and subdivision 6 as renumbered  by
chapter  890  of  the  laws  of  1981, paragraph (a) of subdivision 5 as
amended by chapter 403 of the laws of 2003, paragraph (d) of subdivision
5 as amended by chapter 339 of the laws of 2004, subdivision 7 as  added
by  chapter  783  of the laws of 1983, subdivision 8 as added by chapter
705 of the laws of 1989, and subdivision 9 as added by  chapter  351  of
the laws of 2008, is amended to read as follows:
  S 89. General provisions relating to access to records; certain cases.
The provisions of this section apply to access to all records, except as
hereinafter specified:
  1. (a) The committee on open government is continued and shall consist
of  the  lieutenant governor or the delegate of such officer, the secre-
tary of state or the delegate of such officer, whose office shall act as
secretariat for the committee, the commissioner of the office of general
services or the delegate of such officer, the director of the budget  or
the  delegate  of  such  officer,  and seven other persons, none of whom
shall hold any other state or local public office except  the  represen-
tative  of  local  governments  as  set forth herein, to be appointed as
follows: five by the governor, at least two of whom  are  or  have  been
representatives of the news media, one of whom shall be a representative
of  local  government  who,  at the time of appointment, is serving as a
duly elected officer of a local government, one by the temporary  presi-
dent  of the senate, and one by the speaker of the assembly. The persons
appointed by the temporary president of the senate and  the  speaker  of
the  assembly shall be appointed to serve, respectively, until the expi-
ration of the terms of office of the temporary president and the speaker
to which the temporary president and  speaker  were  elected.  The  four
persons presently serving by appointment of the governor for fixed terms
shall  continue to serve until the expiration of their respective terms.
Thereafter, their respective successors shall be appointed for terms  of
four  years. The member representing local government shall be appointed
for a term of four years, so long as such member  shall  remain  a  duly
elected  officer of a local government. The committee shall hold no less
than two meetings annually, but may meet at any time. The members of the
committee  shall  be  entitled  to  reimbursement  for  actual  expenses
incurred in the discharge of their duties.

S. 6411                            27                            A. 9011

  (b) The committee shall:
  i.  furnish  to  any agency AND TO EACH HOUSE OF THE STATE LEGISLATURE
advisory guidelines, opinions or other appropriate information regarding
this article;
  ii. furnish to any  person  advisory  opinions  or  other  appropriate
information regarding this article;
  iii.  promulgate rules and regulations with respect to the implementa-
tion of subdivision one  and  paragraph  (c)  of  subdivision  three  of
section eighty-seven of this article;
  iv.  request from any agency AND FROM EITHER HOUSE OF THE STATE LEGIS-
LATURE such assistance, services and  information  as  will  enable  the
committee to effectively carry out its powers and duties;
  v. develop a form, which shall be made available on the internet, that
may be used by the public to request a record; and
  vi.  report  on its activities and findings regarding this article and
article seven of this chapter, including recommendations for changes  in
the  law,  to  the  governor  and the legislature annually, on or before
December fifteenth.
  2. (a) The committee on public access to records may promulgate guide-
lines regarding  deletion  of  identifying  details  or  withholding  of
records  otherwise  available  under this article to prevent unwarranted
invasions of personal privacy. In the absence  of  such  guidelines,  an
agency  AND THE RESPECTIVE HOUSE OF STATE LEGISLATURE may delete identi-
fying details when it makes records available.
  (b) An unwarranted invasion of personal privacy  includes,  but  shall
not be limited to:
  i.  disclosure  of employment, medical or credit histories or personal
references of applicants for employment;
  ii. disclosure of items involving the medical or personal records of a
client or patient in a medical facility;
  iii. sale or release of lists of names and  addresses  if  such  lists
would be used for solicitation or fund-raising purposes;
  iv.  disclosure  of  information  of a personal nature when disclosure
would result in economic or personal hardship to the subject  party  and
such information is not relevant to the work of the agency OR RESPECTIVE
HOUSE OF THE STATE LEGISLATURE requesting or maintaining it;
  v.  disclosure  of information of a personal nature reported in confi-
dence to an agency OR TO THE STATE LEGISLATURE and not relevant  to  the
ordinary work of such agency OR THE STATE LEGISLATURE;
  vi.  information  of a personal nature contained in a workers' compen-
sation record, except as provided by section one hundred  ten-a  of  the
workers' compensation law; [or]
  vii.  disclosure  of electronic contact information, such as an e-mail
address or a social network username, that has  been  collected  from  a
taxpayer under section one hundred four of the real property tax law[.];
OR
  VIII. DISCLOSURE OF COMMUNICATIONS OF A PERSONAL NATURE BETWEEN LEGIS-
LATORS AND THEIR CONSTITUENTS.
  (c) Unless otherwise provided by this article, disclosure shall not be
construed  to  constitute  an  unwarranted  invasion of personal privacy
pursuant to paragraphs (a) and (b) of this subdivision:
  i. when identifying details are deleted;
  ii. when the person to whom a record pertains consents in  writing  to
disclosure;
  iii. when upon presenting reasonable proof of identity, a person seeks
access to records pertaining to him or her; or

S. 6411                            28                            A. 9011

  iv.  when  a record or group of records relates to the right, title or
interest in real property, or relates to the inventory, status or  char-
acteristics  of  real  property,  in which case disclosure and providing
copies of such record or group of records shall not be deemed an  unwar-
ranted  invasion of personal privacy, provided that nothing herein shall
be construed to authorize the disclosure of electronic contact  informa-
tion,  such  as an e-mail address or a social network username, that has
been collected from a taxpayer under section one  hundred  four  of  the
real property tax law.
  2-a. Nothing in this article shall permit disclosure which constitutes
an  unwarranted  invasion  of personal privacy as defined in subdivision
two of this section if such disclosure is prohibited under section nine-
ty-six of this chapter.
  3. (a) Each entity subject to the provisions of this  article,  within
five  business  days  of  the  receipt of a written request for a record
reasonably described, shall make such record  available  to  the  person
requesting  it,  deny  such  request  in  writing  or  furnish a written
acknowledgement of the receipt of such request and a  statement  of  the
approximate  date,  which shall be reasonable under the circumstances of
the request, when such request will be  granted  or  denied,  including,
where  appropriate, a statement that access to the record will be deter-
mined in accordance with subdivision five of this section. [An]  NEITHER
AN  agency  NOR  THE STATE LEGISLATURE shall [not] deny a request on the
basis that the request is voluminous or that locating or  reviewing  the
requested  records  or  providing  the  requested  copies  is burdensome
because the agency OR RESPECTIVE HOUSE OF THE  STATE  LEGISLATURE  lacks
sufficient  staffing  or  on any other basis if the agency OR RESPECTIVE
HOUSE OF THE  STATE  LEGISLATURE  may  engage  an  outside  professional
service  to  provide  copying, programming or other services required to
provide the copy, the costs of which the agency OR RESPECTIVE  HOUSE  OF
THE  STATE LEGISLATURE may recover pursuant to paragraph (c) of subdivi-
sion one of section eighty-seven of this article. An agency  OR  RESPEC-
TIVE  HOUSE  OF  THE  STATE  LEGISLATURE may require a person requesting
lists of names and addresses to provide  a  written  certification  that
such person will not use such lists of names and addresses for solicita-
tion  or fund-raising purposes and will not sell, give or otherwise make
available such lists of names and addresses to any other person for  the
purpose of allowing that person to use such lists of names and addresses
for  solicitation  or  fund-raising purposes. If an agency OR RESPECTIVE
HOUSE OF THE STATE LEGISLATURE determines to grant a request in whole or
in part, and if circumstances prevent disclosure to the person  request-
ing  the  record or records within twenty business days from the date of
the acknowledgement of the receipt of the request, the agency OR RESPEC-
TIVE HOUSE OF THE STATE LEGISLATURE shall state, in  writing,  both  the
reason  for  the  inability  to grant the request within twenty business
days and a date certain within a reasonable  period,  depending  on  the
circumstances,  when  the  request  will be granted in whole or in part.
Upon payment of, or offer to pay, the fee prescribed therefor, the enti-
ty shall provide a copy of such record and certify to the correctness of
such copy if so requested, or as the case may be, shall certify that  it
does  not  have  possession of such record or that such record cannot be
found after diligent search. Nothing in this article shall be  construed
to  require any entity to prepare any record not possessed or maintained
by such entity except the records  specified  in  subdivision  three  of
section  eighty-seven [and subdivision three of section eighty-eight] of
this article. When an agency OR THE RESPECTIVE HOUSE OF THE STATE LEGIS-

S. 6411                            29                            A. 9011

LATURE has the ability to retrieve or extract a  record  or  data  main-
tained  in a computer storage system with reasonable effort, it shall be
required to do so. When doing so requires less employee time than engag-
ing  in  manual retrieval or redactions from non-electronic records, the
agency AND RESPECTIVE HOUSE OF THE STATE LEGISLATURE shall  be  required
to  retrieve or extract such record or data electronically. Any program-
ming necessary to retrieve a record maintained  in  a  computer  storage
system  and  to transfer that record to the medium requested by a person
or to allow the transferred record to be read or printed  shall  not  be
deemed to be the preparation or creation of a new record.
  (b)  All  entities  shall,  provided  such entity has reasonable means
available, accept requests for records submitted in the  form  of  elec-
tronic mail and shall respond to such requests by electronic mail, using
forms,  to  the  extent  practicable,  consistent with the form or forms
developed by the committee on open government  pursuant  to  subdivision
one of this section and provided that the written requests do not seek a
response in some other form.
  4.  (a)  Except  as  provided in subdivision five of this section, any
person denied access to a record may within thirty days appeal in  writ-
ing  such  denial  to the head, chief executive or governing body of the
entity, or the person therefor designated by such head, chief executive,
or governing body, who shall within ten business days of the receipt  of
such appeal fully explain in writing to the person requesting the record
the  reasons for further denial, or provide access to the record sought.
In addition, each agency OR THE RESPECTIVE HOUSE OF THE  STATE  LEGISLA-
TURE  shall  immediately  forward  to the committee on open government a
copy of such appeal when received by the agency OR SUCH  HOUSE  and  the
ensuing  determination thereon. Failure by an agency OR RESPECTIVE HOUSE
OF THE STATE LEGISLATURE to conform to  the  provisions  of  subdivision
three of this section shall constitute a denial.
  (b)  Except  as provided in subdivision five of this section, a person
denied  access  to  a  record  in  an  appeal  determination  under  the
provisions  of  paragraph (a) of this subdivision may bring a proceeding
for review of such denial pursuant to article seventy-eight of the civil
practice law and rules. In the event that access to any record is denied
pursuant to the provisions of subdivision two of section eighty-seven of
this article, the agency OR RESPECTIVE HOUSE OF  THE  STATE  LEGISLATURE
involved  shall have the burden of proving that such record falls within
the provisions of such subdivision two. Failure by an agency OR  RESPEC-
TIVE  HOUSE  OF  THE  STATE  LEGISLATURE to conform to the provisions of
paragraph (a) of this subdivision shall constitute a denial.
  (c) (I) The court in such a proceeding may assess, against such agency
OR THE RESPECTIVE HOUSE OF THE STATE  LEGISLATURE  involved,  reasonable
[attorney's]  ATTORNEYS'  fees  and  other  litigation  costs reasonably
incurred by such person, in  any  case  under  the  provisions  of  this
section in which such person has substantially prevailed[, when:
  i. the agency had no reasonable basis for denying access; or
  ii.]  AND  the  agency failed to respond to a request or appeal within
the statutory time.
  (II) THE COURT IN SUCH PROCEEDING SHALL ASSESS, AGAINST SUCH AGENCY OR
THE RESPECTIVE HOUSE  OF  THE  STATE  LEGISLATURE  INVOLVED,  REASONABLE
ATTORNEYS'  FEES  AND OTHER LITIGATION COSTS REASONABLY INCURRED BY SUCH
PERSON, IN ANY CASE UNDER THE PROVISIONS OF THIS SECTION IN  WHICH  SUCH
PERSON  HAS  SUBSTANTIALLY PREVAILED AND THE COURT FINDS THAT THE AGENCY
DENIED ACCESS IN CLEAR DISREGARD OF THE EXCEPTIONS TO RIGHTS  OF  ACCESS

S. 6411                            30                            A. 9011

IN  SECTION EIGHTY-SEVEN OF THIS ARTICLE AND HAD NO REASONABLE BASIS FOR
DENYING ACCESS.
  (D) APPEAL TO THE APPELLATE DIVISION OF THE SUPREME COURT MUST BE MADE
IN  ACCORDANCE  WITH  LAW,  AND  MUST  BE FILED WITHIN THIRTY DAYS AFTER
SERVICE BY A PARTY UPON THE APPELLANT OF A COPY OF THE JUDGMENT OR ORDER
APPEALED FROM AND WRITTEN  NOTICE  OF  ITS  ENTRY.  NOTWITHSTANDING  ANY
PROVISION  OF  LAW,  RULE OR REGULATION TO THE CONTRARY, AN APPEAL TAKEN
FROM AN ORDER OF THE COURT UNDER THIS SECTION SHALL BE GIVEN PREFERENCE,
SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH TERMS  AND  CONDITIONS  AS  THE
PRESIDING  JUSTICE  MAY  DIRECT  UPON  APPLICATION  OF  ANY PARTY TO THE
PROCEEDING, AND SHALL BE DEEMED NOT TIMELY FILED WHEN A PARTY  FAILS  TO
SERVE  AND  FILE  A RECORD AND BRIEF WITHIN SIXTY DAYS AFTER THE DATE OF
THE NOTICE OF APPEAL. THE  CLERK  OR  A  JUSTICE  MAY  GRANT  REASONABLE
ENLARGEMENTS OF TIME TO PERFECT OR TO SERVE AND FILE A BRIEF UPON STIPU-
LATION OF THE PARTIES, OR, FOR CAUSE WHERE A PARTY ESTABLISHES A REASON-
ABLE  GROUND  WHY  THERE CANNOT OR COULD NOT BE COMPLIANCE WITH THE TIME
LIMITS PRESCRIBED BY THIS SUBDIVISION. FAILURE BY A PARTY TO  SERVE  AND
FILE  A  RECORD  AND  BRIEF  WITHIN  THE  ALLOTTED  TIME, SUBJECT TO ANY
ENLARGEMENTS OF TIME GRANTED BY A CLERK OR JUSTICE, SHALL RESULT IN  THE
DISMISSAL OF THE APPEAL.
  5.  (a)  (1) A person acting pursuant to law or regulation who, subse-
quent to the effective date of this subdivision, submits any information
to any state agency OR TO THE RESPECTIVE HOUSE OF THE STATE  LEGISLATURE
may,  at  the  time of submission, request that the agency OR SUCH HOUSE
PROVISIONALLY except such information from  disclosure  under  paragraph
(d)  of  subdivision  two of section eighty-seven of this article. Where
the request itself contains information which if disclosed would  defeat
the  purpose  for  which the exception is sought, such information shall
also be PROVISIONALLY excepted from disclosure.
  (1-a) A person or entity who submits or otherwise makes available  any
records  to  any agency OR A HOUSE OF THE STATE LEGISLATURE, may, at any
time, identify those records or portions thereof that may contain  crit-
ical infrastructure information, and request that the agency OR HOUSE OF
THE  STATE  LEGISLATURE that maintains such records except such informa-
tion from disclosure under subdivision two of  section  eighty-seven  of
this  article.  Where  the  request itself contains information which if
disclosed would defeat the purpose for which the  exception  is  sought,
such information shall also be PROVISIONALLY excepted from disclosure.
  (2)  The  request  for an exception shall be in writing, SHALL SPECIF-
ICALLY IDENTIFY WHICH PORTIONS OF THE RECORD  ARE  THE  SUBJECT  OF  THE
REQUEST  FOR  EXCEPTION  and SHALL state the reasons why the information
should be PROVISIONALLY excepted from disclosure. ANY SUCH  REQUEST  FOR
AN EXCEPTION SHALL BE EFFECTIVE FOR A FIVE-YEAR PERIOD FROM THE AGENCY'S
OR   RESPECTIVE  HOUSE  OF  THE  STATE  LEGISLATURE'S  RECEIPT  THEREOF.
PROVIDED, HOWEVER, THAT NOT LESS THAN SIXTY DAYS PRIOR TO THE EXPIRATION
OF THE THEN CURRENT TERM OF THE EXCEPTION  REQUEST,  THE  SUBMITTER  MAY
APPLY  TO  THE AGENCY OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE FOR A
TWO-YEAR EXTENSION OF ITS EXCEPTION REQUEST. UPON TIMELY  RECEIPT  OF  A
REQUEST  FOR  AN EXTENSION OF AN EXCEPTION REQUEST, AN AGENCY OR RESPEC-
TIVE HOUSE OF THE STATE LEGISLATURE MAY EITHER  (A)  PERFORM  A  CURSORY
REVIEW  OF  THE  APPLICATION  AND GRANT THE EXTENSION SHOULD IT FIND ANY
JUSTIFICATION FOR SUCH DETERMINATION, OR (B) COMMENCE THE PROCEDURE  SET
FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION TO MAKE A FINAL DETERMINATION
GRANTING OR TERMINATING SUCH EXCEPTION.
  (3)  Information  submitted as provided in subparagraphs one and one-a
of this paragraph shall be PROVISIONALLY excepted from disclosure and be

S. 6411                            31                            A. 9011

maintained apart by the agency AND THE RESPECTIVE  HOUSE  OF  THE  STATE
LEGISLATURE  from  all other records until THE EXPIRATION OF THE SUBMIT-
TER'S EXCEPTION REQUEST OR fifteen days after the  entitlement  to  such
exception has been finally determined or such further time as ordered by
a court of competent jurisdiction.
  (b) [On the] DURING THE EFFECTIVE PERIOD OF AN EXCEPTION REQUEST UNDER
THIS SUBDIVISION, ON THE initiative of the agency OR EITHER HOUSE OF THE
STATE  LEGISLATURE  at any time, or upon the request of any person for a
record excepted from disclosure pursuant to this subdivision, the agency
OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE shall:
  (1) inform the person who requested the exception of the  agency's  OR
SUCH  HOUSE'S  intention  to  determine whether such exception should be
granted or continued;
  (2) permit the person who requested the exception, within ten business
days of receipt of notification from the agency OR RESPECTIVE  HOUSE  OF
THE  STATE  LEGISLATURE,  to submit a written statement of the necessity
for the granting or continuation of such exception;
  (3) within seven business days of receipt of such  written  statement,
or within seven business days of the expiration of the period prescribed
for  submission  of such statement, issue a written determination grant-
ing, continuing or terminating such exception and  stating  the  reasons
therefor;  copies of such determination shall be served upon the person,
if any, requesting the record, the person who requested  the  exception,
and the committee on [public access to records] OPEN GOVERNMENT.
  (c)  A  denial  of an exception from disclosure under paragraph (b) of
this subdivision may be appealed by the person submitting  the  informa-
tion  and a denial of access to the record may be appealed by the person
requesting the record in accordance with this subdivision:
  (1) Within seven business days of receipt of  written  notice  denying
the request, the person may file a written appeal from the determination
of  the agency OR THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE with the
head of the agency OR RESPECTIVE HOUSE OF  THE  STATE  LEGISLATURE,  the
chief  executive officer or governing body or their designated represen-
tatives.
  (2) The appeal shall be determined within ten  business  days  of  the
receipt  of  the  appeal.  Written  notice of the determination shall be
served upon the person, if any, requesting the record,  the  person  who
requested  the exception and the committee on [public access to records]
OPEN GOVERNMENT. The notice shall contain a statement of the reasons for
the determination.
  (d) A proceeding to review an adverse determination pursuant to  para-
graph  (c)  of  this  subdivision  may  be commenced pursuant to article
seventy-eight of the civil practice law and rules. Such proceeding, when
brought by a person seeking an exception  from  disclosure  pursuant  to
this  subdivision,  must be commenced within fifteen days of the service
of the written notice containing the adverse determination provided  for
in subparagraph two of paragraph (c) of this subdivision. THE PROCEEDING
SHALL  BE  GIVEN PREFERENCE AND SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH
TERMS AND CONDITIONS AS THE PRESIDING JUSTICE MAY DIRECT, NOT TO  EXCEED
FORTY-FIVE  DAYS.  APPEAL TO THE APPELLATE DIVISION OF THE SUPREME COURT
MUST BE MADE IN ACCORDANCE WITH LAW, AND MUST BE  FILED  WITHIN  FIFTEEN
DAYS  AFTER SERVICE BY A PARTY UPON THE APPELLANT OF A COPY OF THE JUDG-
MENT OR ORDER APPEALED FROM AND WRITTEN NOTICE OF ITS ENTRY.  AN  APPEAL
TAKEN  FROM  AN  ORDER  OF THE COURT REQUIRING DISCLOSURE SHALL BE GIVEN
PREFERENCE AND SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH TERMS AND CONDI-
TIONS AS THE PRESIDING JUSTICE MAY DIRECT, NOT  TO  EXCEED  SIXTY  DAYS.

S. 6411                            32                            A. 9011

THIS  ACTION  SHALL  BE  DEEMED  ABANDONED  WHEN THE PARTY REQUESTING AN
EXCLUSION FROM DISCLOSURE FAILS TO SERVE AND FILE  A  RECORD  AND  BRIEF
WITHIN  THIRTY  DAYS AFTER THE DATE OF THE NOTICE OF APPEAL.  FAILURE BY
THE  PARTY  REQUESTING  AN EXCLUSION FROM DISCLOSURE TO SERVE AND FILE A
RECORD AND BRIEF WITHIN THE ALLOTTED TIME SHALL RESULT IN THE  DISMISSAL
OF THE APPEAL.
  (e)  The  person  requesting  an exception from disclosure pursuant to
this subdivision shall in all proceedings have  the  burden  of  proving
entitlement to the exception.
  (f)  Where the agency OR THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE
denies access to a record pursuant to paragraph [(d)  of]  (B)  OF  THIS
SUBDIVISION  IN CONJUNCTION WITH subdivision two of section eighty-seven
of this article, the agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE
shall have the burden of  proving  that  the  record  falls  within  the
provisions of such exception.
  (g)  Nothing in this subdivision shall be construed to deny any person
access, pursuant to the remaining provisions of  this  article,  to  any
record or part excepted from disclosure upon the express written consent
of the person who had requested the exception.
  (h)  As  used  in this subdivision the term "agency" or "state agency"
means only a state  department,  board,  bureau,  division,  council  or
office  and  any  public  corporation  the majority of whose members are
appointed by the governor.
  (I) AS USED IN THIS SUBDIVISION THE TERM "STATE LEGISLATURE" MEANS THE
LEGISLATURE AS DEFINED IN SUBDIVISION TWO OF SECTION EIGHTY-SIX OF  THIS
ARTICLE.
  6.  Nothing in this article shall be construed to limit or abridge any
otherwise available right of access at law or in equity of any party  to
records.
  7.  Nothing  in  this article shall require the disclosure of the home
address of an officer or employee, former officer or employee, or  of  a
retiree  of a public employees' retirement system; nor shall anything in
this article require the disclosure of the name or  home  address  of  a
beneficiary  of a public employees' retirement system or of an applicant
for appointment to public employment; provided however, that nothing  in
this  subdivision shall limit or abridge the right of an employee organ-
ization, certified or recognized for any collective negotiating unit  of
an  employer  pursuant  to article fourteen of the civil service law, to
obtain the name or home address of any officer, employee or  retiree  of
such employer, if such name or home address is otherwise available under
this article.
  8.  Any  person who, with intent to prevent the public inspection of a
record pursuant to this article, willfully conceals or destroys any such
record shall be guilty of a violation.
  9. When records maintained electronically include items of information
that would be available under this article, as well as items of informa-
tion that may be withheld, an agency OR RESPECTIVE HOUSE  OF  THE  STATE
LEGISLATURE  in  designing  its  information retrieval methods, whenever
practicable and reasonable, shall do so in a  manner  that  permits  the
segregation and retrieval of available items in order to provide maximum
public access.
  S 5. Subdivisions (t) and (u) of section 105 of the civil practice law
and  rules,  subdivision (u) as relettered by chapter 100 of the laws of
1994, are relettered subdivisions (u) and (v) and a new subdivision  (t)
is added to read as follows:

S. 6411                            33                            A. 9011

  (T)  "STATE  LEGISLATURE"  MEANS  THE  NEW YORK STATE SENATE, NEW YORK
STATE ASSEMBLY, ANY COMMITTEE,  SUBCOMMITTEE,  JOINT  COMMITTEE,  SELECT
COMMITTEE,  OR  COMMISSION THEREOF, AND ANY MEMBERS, OFFICERS, REPRESEN-
TATIVES AND EMPLOYEES THEREOF.
  S  6.  Subdivision  (a)  of section 7802 of the civil practice law and
rules is amended to read as follows:
  (a) Definition of "body or officer". The expression "body or  officer"
includes  every  court,  tribunal,  board,  corporation,  officer, STATE
LEGISLATURE, or other person, or aggregation of  persons,  whose  action
may be affected by a proceeding under this article.
  S  7. Subdivision 3 of section 713 of the executive law, as amended by
section 16 of part B of chapter 56 of the laws of 2010,  is  amended  to
read as follows:
  3.  Any reports prepared pursuant to this article shall not be subject
to disclosure pursuant to [section  eighty-eight]  ARTICLE  SIX  of  the
public officers law.
  S  8.  Section  70-0113  of  the  environmental  conservation  law  is
REPEALED.
  S 9. Subdivision 4 of section 308 of the county law is REPEALED.
  S 10. This act shall take effect immediately;  provided  however  that
the  amendments  to  paragraphs (j), (k), (l), (m), (n), (n), and (o) of
subdivision 2 of section 87 of the public officers law made  by  section
two of this act shall not affect the repeal of such paragraphs and shall
be deemed repealed therewith.

                                 PART E

  Section 1.  Subdivision 4 of section 74 of the public officers law, as
amended  by  chapter  14  of  the  laws  of  2007, is amended to read as
follows:
  4. Violations. In addition to  any  penalty  contained  in  any  other
provision of law any such officer, member or employee who shall knowing-
ly  and  intentionally violate any of the provisions of this section may
be fined, suspended or removed from office or employment in  the  manner
provided  by  law.  Any  such individual who knowingly and intentionally
violates the provisions of [paragraph b, c, d or i of] subdivision three
of this section shall be subject to a civil penalty in an amount not  to
exceed  ten  thousand dollars and the value of any gift, compensation or
benefit received as a result of such violation. [Any such individual who
knowingly and intentionally violates the provisions of paragraph a, e or
g of subdivision three of this section  shall  be  subject  to  a  civil
penalty  in  an amount not to exceed the value of any gift, compensation
or benefit received as a result of such violation.]
  S 2. Subparagraph (b) of paragraph 3 of subdivision 3 of section  73-a
of the public officers law, as amended by section 5 of part A of chapter
399 of the laws of 2011, is amended to read as follows:

                                                                (b) List
the names of all unemancipated children.

                                                             ___________
                                                             ___________
                                                             ___________
                                                             ___________
                                                             ___________

S. 6411                            34                            A. 9011

Answer each of the  following  questions  completely,  with  respect  to
  calendar  year  _________,  unless another period or date is otherwise
  specified. If additional space is needed, attach additional pages.

  Whenever a "value" or "amount" is required to be reported herein, such
value  or amount shall be reported [as being within one of the following
Categories in Table I or Table II of this subdivision as called  for  in
the  question:  A  reporting  individual  shall indicate the Category by
letter only] TO THE NEAREST DOLLAR.
  Whenever "income" is required to be reported herein, the term "income"
shall mean the aggregate net income before taxes from the source identi-
fied.
  The term "calendar year" shall mean the year ending the December  31st
preceding the date of filing of the annual statement.
  S  3. Paragraph 6 of subdivision 3 of section 73-a of the public offi-
cers law, as amended by section 5 of part A of chapter 399 of  the  laws
of 2011, is amended to read as follows:
6.  List  any interest, in EXCESS of $1,000, held by the reporting indi-
    vidual, such individual's spouse or unemancipated child, or partner-
    ship of which any such person is a member, or  corporation,  10%  or
    more  of  the  stock  of  which  is  owned or controlled by any such
    person, whether vested  or  contingent,  in  any  contract  made  or
    executed  by  a  state  or  local agency and include the name of the
    entity which holds such interest and the relationship of the report-
    ing individual or such individual's spouse or  such  child  to  such
    entity  and  the interest in such contract. Do NOT include bonds and
    notes. Do NOT list any interest in any such contract on which  final
    payment  has been made and all obligations under the contract except
    for guarantees and warranties have been performed, provided,  howev-
    er,  that such an interest must be listed if there has been an ongo-
    ing dispute during the calendar year for  which  this  statement  is
    filed with respect to any such guarantees or warranties. Do NOT list
    any  interest in a contract made or executed by a local agency after
    public notice and pursuant to a process for competitive bidding or a
    process for competitive requests for proposals.

                 Entity       Relationship   Contracting     [Category
     Self,     Which Held      to Entity       State or      of] TOTAL
    Spouse or  Interest in    and Interest      Local        Value of
     Child      Contract      in Contract       Agency       Contract
                                                           [(In Table II)]

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________

  S 4. Subparagraphs (b-1), (b-2), and (c) of paragraph 8 of subdivision
3 of section 73-a of the public officers law,  subparagraphs  (b-1)  and
(b-2)  as  added  by  section  2 of part CC of chapter 56 of the laws of
2015, and subparagraph (c) as amended by section 1 of part CC of chapter
56 of the laws of 2015, are amended to read as follows:
  (b-1) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS  FOR  WHOM  SERVICES
ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR
FOR  NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE

S. 6411                            35                            A. 9011

SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO  THOU-
SAND  FIFTEEN  (FOR  PURPOSES  OF  THIS  QUESTION, "SERVICES" SHALL MEAN
CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES):
  If the reporting individual receives income from employment reportable
in question 8(a) and personally provides services to any person or enti-
ty,  or  works  as  a member or employee of a partnership or corporation
that provides such services (referred to hereinafter as a  "firm"),  the
reporting  individual shall identify each client or customer to whom the
reporting individual personally provided services, or who  was  referred
to  the  firm  by  the reporting individual, and from whom the reporting
individual or his or her firm earned fees in excess  of  $10,000  during
the reporting period in direct connection with:
  (i) A contract in an amount totaling $10,000 or more from the state or
any state agency for services, materials, or property;
  (ii)  A  grant  of  $10,000 or more from the state or any state agency
during the reporting period;
  (iii) A grant obtained through a  legislative  initiative  during  the
reporting period; or
  (iv)  A  case,  proceeding,  application or other matter that is not a
ministerial matter before a state agency during the reporting period.
  For such services rendered by the  reporting  individual  directly  to
each  such  client,  describe  each  matter that was the subject of such
representation, the services actually provided and the payment received.
For payments received from clients referred to the firm by the reporting
individual, if the reporting individual directly received a referral fee
or fees for such referral,  identify  the  client  and  the  payment  so
received.
  For  purposes  of  this  question,  "referred to the firm" shall mean:
having intentionally and knowingly taken a specific  act  or  series  of
acts  to  intentionally  procure  for the reporting individual's firm or
having knowingly solicited or directed  to  the  reporting  individual's
firm  in  whole  or  substantial part, a person or entity that becomes a
client of that firm for the purposes of representation for a  matter  as
defined  in clauses (i) through (iv) of this subparagraph, as the result
of such procurement, solicitation or direction of the reporting individ-
ual. A reporting individual need not disclose activities performed while
lawfully acting in his or her capacity as provided  in  paragraphs  (c),
(d),  (e)  and (f) of subdivision seven of section seventy-three of this
article.
  Client   Matter     Nature of Services Provided      [Category
                                                     of] Amount
                                                    [(in Table I)]

________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

  (b-2) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS  FOR  WHOM  SERVICES
ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR
FOR  NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE
SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO  THOU-
SAND  FIFTEEN  (FOR  PURPOSES  OF  THIS  QUESTION, "SERVICES" SHALL MEAN
CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES):

S. 6411                            36                            A. 9011

  (i) With respect to reporting individuals  who  receive  ten  thousand
dollars  or  more  from employment or activity reportable under question
8(a), for each client or customer NOT otherwise disclosed or exempted in
question 8 or 13, disclose the name of each client or customer known  to
the  reporting  individual  to  whom  the  reporting individual provided
services: (A) who paid the reporting individual in excess of five  thou-
sand  dollars  for  such  services;  or (B) who had been billed with the
knowledge of the reporting individual in excess of five thousand dollars
by the firm or other entity named in question  8(a)  for  the  reporting
individual's services.
Client               Services              [Category of] Amount
                 Actually Provided            [(in Table I)]
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

FOLLOWING IS AN ILLUSTRATIVE, NON-EXCLUSIVE LIST OF EXAMPLES OF
DESCRIPTIONS OF "SERVICES ACTUALLY PROVIDED":
  * REVIEWED DOCUMENTS AND CORRESPONDENCE;
  * REPRESENTED CLIENT (IDENTIFY CLIENT BY NAME) IN LEGAL PROCEEDING;
  * PROVIDED LEGAL ADVICE ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
  * CONSULTED WITH CLIENT OR CONSULTED WITH LAW PARTNERS/ASSOCIATES/MEMBERS
    OF FIRM ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
  * PREPARED CERTIFIED FINANCIAL STATEMENT FOR CLIENT (IDENTIFY CLIENT BY
    NAME);
  * REFERRED INDIVIDUAL OR ENTITY (IDENTIFY CLIENT BY NAME) FOR
    REPRESENTATION OR CONSULTATION;
  * COMMERCIAL BROKERING SERVICES (IDENTIFY CUSTOMER BY NAME);
  * PREPARED CERTIFIED ARCHITECTURAL OR ENGINEERING
    RENDERINGS FOR CLIENT (IDENTIFY CUSTOMER BY NAME);
  * COURT APPOINTED GUARDIAN OR EVALUATOR (IDENTIFY COURT NOT CLIENT).
  (ii)  With  respect to reporting individuals who disclosed in question
8(a) that the reporting individual did not provide services to a  client
but  provided  services  to a firm or business, identify the category of
amount received for providing such services and  describe  the  services
rendered.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
  A  reporting  individual  need not disclose activities performed while
lawfully acting in his or her capacity as provided  in  paragraphs  (c),
(d),  (e)  and (f) of subdivision seven of section seventy-three of this
article.
The disclosure requirement  in  questions  (b-1)  and  (b-2)  shall  not
require  disclosing  clients  or customers receiving medical, pharmaceu-
tical or dental services, mental health services,  or  residential  real
estate  brokering  services  from the reporting individual or his or her
firm or if federal law prohibits or  limits  disclosure.  The  reporting
individual  need not identify any client to whom he or she or his or her
firm provided legal representation  with  respect  to  investigation  or
prosecution  by  law  enforcement authorities, bankruptcy, family court,
estate planning, or domestic relations matters, nor shall the  reporting
individual  identify  individuals  represented  pursuant to an insurance
policy but the reporting individual shall  in  such  circumstances  only

S. 6411                            37                            A. 9011

report  the  entity that provides compensation to the reporting individ-
ual; with respect to matters in which the client's name is  required  by
law  to  be  kept  confidential  (such as matters governed by the family
court act) or in matters in which the reporting individual represents or
provides  services  to  minors,  the  client's name may be replaced with
initials. To the extent that the reporting individual,  or  his  or  her
firm,  provided  legal  representation with respect to an initial public
offering, and professional disciplinary  rules,  federal  law  or  regu-
lations  restrict  the  disclosure of information relating to such work,
the reporting individual shall (i) disclose the identity of  the  client
and the services provided relating to the initial public offering to the
office  of  court  administration,  who  will  maintain such information
confidentially in a locked box; and (ii) include in his or her  response
to  questions (b-1) and (b-2) that pursuant to this paragraph, a disclo-
sure to the office of court administration has been made. Upon such time
that the disclosure of information maintained in the locked  box  is  no
longer  restricted  by  professional  disciplinary rules, federal law or
regulation, the reporting individual shall disclose such information  in
an  amended  disclosure statement in response to the disclosure require-
ments in questions (b-1) and (b-2). The office of  court  administration
shall  develop  and  maintain  a secure portal through which information
submitted to it pursuant to this paragraph can be safely  and  confiden-
tially  stored. With respect to clients represented in other matters not
otherwise exempt, the reporting individual may request an  exemption  to
publicly  disclosing  the  name of that client from the joint commission
pursuant to paragraph (i) of subdivision nine of section ninety-four  of
the  executive  law, or from the office of court administration. In such
application, the reporting individual shall  state  the  following:  "My
client  is not currently receiving my services or seeking my services in
connection with:
  (i) A proposed bill or resolution in the senate or assembly during the
reporting period;
  (ii) A contract in an amount totaling $10,000 or more from  the  state
or any state agency for services, materials, or property;
  (iii)  A  grant  of $10,000 or more from the state or any state agency
during the reporting period;
  (iv) A grant obtained through  a  legislative  initiative  during  the
reporting period; or
  (v)  A  case,  proceeding,  application  or other matter that is not a
ministerial matter before a state agency during the reporting period."
  In reviewing the request for an exemption, the joint commission or the
office of court administration may consult with  bar  or  other  profes-
sional  associations  and the legislative ethics commission for individ-
uals subject to its jurisdiction and may consider the rules  of  profes-
sional conduct. In making its determination, the joint commission or the
office  of  court administration shall conduct its own inquiry and shall
consider factors including, but not limited to: (i) the nature  and  the
size  of the client; (ii) whether the client has any business before the
state; and if so, how significant  the  business  is;  and  whether  the
client  has any particularized interest in pending legislation and if so
how significant the interest is; (iii)  whether  disclosure  may  reveal
trade secrets; (iv) whether disclosure could reasonably result in retal-
iation  against  the client; (v) whether disclosure may cause undue harm
to the client; (vi) whether disclosure may result in undue harm  to  the
attorney-client relationship; and (vii) whether disclosure may result in
an unnecessary invasion of privacy to the client.

S. 6411                            38                            A. 9011

  The  joint  commission  or,  as  the  case may be, the office of court
administration shall promptly make a final determination in response  to
such  request, which shall include an explanation for its determination.
The office of court administration shall issue its  final  determination
within  three  days  of receiving the request. Notwithstanding any other
provision of law or any professional disciplinary rule to the  contrary,
the  disclosure of the identity of any client or customer in response to
this question shall not constitute professional misconduct or  a  ground
for  disciplinary action of any kind, or form the basis for any civil or
criminal cause of action or proceeding. A reporting individual who first
enters public office after January first, two thousand sixteen, need not
report clients or customers  with  respect  to  matters  for  which  the
reporting  individual  or his or her firm was retained prior to entering
public office.
Client               Services              [Category of] Amount
                 Actually Provided            [(in Table I)]
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
  (c) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES  ARE
PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR
NEW  MATTERS  FOR  EXISTING  CLIENTS  OR CUSTOMERS WITH RESPECT TO THOSE
SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO  THOU-
SAND FIFTEEN:
  If the reporting individual receives income of ten thousand dollars or
greater  from any employment or activity reportable under question 8(a),
identify each registered lobbyist who  has  directly  referred  to  such
individual a client who was successfully referred to the reporting indi-
vidual's  business  and  from  whom  the  reporting  individual  or firm
received a fee for services in excess of five thousand  dollars.  Report
only  those referrals that were made to a reporting individual by direct
communication from a person known to such reporting individual to  be  a
registered  lobbyist  at  the time the referral is made. With respect to
each such referral, the reporting individual shall identify the  client,
the registered lobbyist who has made the referral, the category of value
of  the  compensation  received and a general description of the type of
matter so referred. A reporting individual need not disclose  activities
performed while lawfully acting pursuant to paragraphs (c), (d), (e) and
(f)  of  subdivision seven of section seventy-three of this article. The
disclosure requirements in this question shall  not  require  disclosing
clients   or  customers  receiving  medical,  pharmaceutical  or  dental
services, mental health services, or residential real  estate  brokering
services  from the reporting individual or his or her firm or if federal
law prohibits or limits disclosure. The reporting  individual  need  not
identify  any client to whom he or she or his or her firm provided legal
representation with respect  to  investigation  or  prosecution  by  law
enforcement  authorities,  bankruptcy, family court, estate planning, or
domestic relations matters, nor shall the reporting individual  identify
individuals  represented pursuant to an insurance policy but the report-
ing individual shall in such circumstances only report the  entity  that
provides  compensation  to  the  reporting  individual;  with respect to
matters in which the client's name is required by law to be kept  confi-
dential (such as matters governed by the family court act) or in matters
in  which  the  reporting  individual represents or provides services to

S. 6411                            39                            A. 9011

minors, the client's name may be replaced with initials. To  the  extent
that the reporting individual, or his or her firm, provided legal repre-
sentation with respect to an initial public offering, and federal law or
regulations  restricts  the  disclosure  of information relating to such
work, the reporting individual shall (i) disclose the  identity  of  the
client and the services provided relating to the initial public offering
to  the  office of court administration, who will maintain such informa-
tion confidentially in a locked box; and (ii)  include  in  his  or  her
response  a  statement  that pursuant to this paragraph, a disclosure to
the office of court administration has been made. Upon  such  time  that
the  disclosure of information maintained in the locked box is no longer
restricted by federal law or regulation, the reporting individual  shall
disclose such information in an amended disclosure statement in response
to  the  disclosure requirements of this paragraph.  The office of court
administration shall develop and maintain a secure portal through  which
information submitted to it pursuant to this paragraph can be safely and
confidentially  stored.  With  respect  to  clients represented in other
matters not otherwise exempt, the reporting individual  may  request  an
exemption  to publicly disclosing the name of that client from the joint
commission pursuant to paragraph (i)  of  subdivision  nine  of  section
ninety-four  of  the executive law, or from the office of court adminis-
tration. In such application, the reporting individual shall  state  the
following:  "My client is not currently receiving my services or seeking
my services in connection with:
  (i) A proposed bill or resolution in the senate or assembly during the
reporting period;
  (ii) A contract in an amount totaling $10,000 or more from  the  state
or any state agency for services, materials, or property;
  (iii)  A  grant  of $10,000 or more from the state or any state agency
during the reporting period;
  (iv) A grant obtained through  a  legislative  initiative  during  the
reporting period; or
  (v)  A  case,  proceeding,  application  or other matter that is not a
ministerial matter before a state agency during the reporting period."
  In reviewing the request for an exemption, the joint commission or the
office of court administration may consult with  bar  or  other  profes-
sional  associations  and the legislative ethics commission for individ-
uals subject to its jurisdiction and may consider the rules  of  profes-
sional conduct. In making its determination, the joint commission or the
office  of  court administration shall conduct its own inquiry and shall
consider factors including, but not limited to: (i) the nature  and  the
size  of the client; (ii) whether the client has any business before the
state; and if so, how significant  the  business  is;  and  whether  the
client  has any particularized interest in pending legislation and if so
how significant the interest is; (iii)  whether  disclosure  may  reveal
trade secrets; (iv) whether disclosure could reasonably result in retal-
iation  against  the client; (v) whether disclosure may cause undue harm
to the client; (vi) whether disclosure may result in undue harm  to  the
attorney-client relationship; and (vii) whether disclosure may result in
an unnecessary invasion of privacy to the client.
  The  joint  commission  or,  as  the  case may be, the office of court
administration shall promptly make a final determination in response  to
such  request, which shall include an explanation for its determination.
The office of court administration shall issue its  final  determination
within  three  days  of receiving the request. Notwithstanding any other
provision of law or any professional disciplinary rule to the  contrary,

S. 6411                            40                            A. 9011

the  disclosure of the identity of any client or customer in response to
this question shall not constitute professional misconduct or  a  ground
for  disciplinary action of any kind, or form the basis for any civil or
criminal cause of action or proceeding. A reporting individual who first
enters  public office after December thirty-first, two thousand fifteen,
need not report clients or customers with respect to matters  for  which
the reporting individual or his or her firm was retained prior to enter-
ing public office.
Client           Name of Lobbyist          [Category of] Amount [(in
                                              Table 1)]
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

  S  5. Paragraphs 9, 11, 13, 14, 15, 16, 17, 18 and 19 of subdivision 3
of section 73-a of the public officers law, as amended by section  5  of
part  A  of  chapter 399 of the laws of 2011, paragraph 13 as amended by
section 1 of part CC of chapter 56 of the laws of 2015, are  amended  to
read as follows:
  9.  List  each  source  of gifts, EXCLUDING campaign contributions, in
EXCESS of $1,000, received during the reporting period  for  which  this
statement  is  filed  by  the  reporting individual or such individual's
spouse or unemancipated child from the same donor, EXCLUDING gifts  from
a  relative. INCLUDE the name and address of the donor. The term "gifts"
does not include reimbursements, which  term  is  defined  in  item  10.
Indicate the value and nature of each such gift.

                                                             [Category
     Self,                                                      of]
    Spouse or  Name of                       Nature          Value of
     Child      Donor         Address        of Gift           Gift
                                                           [(In Table I)]

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________

11. List  the  identity  and value, if reasonably ascertainable, of each
    interest in a trust, estate or other beneficial interest,  including
    retirement  plans  (other  than retirement plans of the state of New
    York or the city of  New  York),  and  deferred  compensation  plans
    (e.g.,  401,  403(b),  457, etc.) established in accordance with the
    internal revenue code, in which  the  REPORTING  INDIVIDUAL  held  a
    beneficial  interest  in  EXCESS  of  $1,000  at any time during the
    preceding year. Do NOT report interests in a trust, estate or  other
    beneficial interest established by or for, or the estate of, a rela-
    tive.

                                                             [Category
    Identity                                                 of] Value*
                                                           [(In Table II)]

S. 6411                            41                            A. 9011

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
  * The  value  of  such  interest  shall be reported only if reasonably
ascertainable.

13. List below the nature and amount of any income in EXCESS  of  $1,000
    from  EACH SOURCE for the reporting individual and such individual's
    spouse for the taxable year last occurring  prior  to  the  date  of
    filing.    Each  such  source  must be described with particularity.
    Nature of income includes, but is not limited to, all income  (other
    than  that  received  from the employment listed under Item 2 above)
    from compensated employment whether public or private, directorships
    and other fiduciary positions,  contractual  arrangements,  teaching
    income,  partnerships,  honorariums,  lecture fees, consultant fees,
    bank and bond interest, dividends, income derived from a trust, real
    estate rents, and recognized gains from the sale or exchange of real
    or other property.  Income from a business or  profession  and  real
    estate  rents  shall  be  reported with the source identified by the
    building address in the case of real estate rents and  otherwise  by
    the name of the entity and not by the name of the individual custom-
    ers,  clients or tenants, with the aggregate net income before taxes
    for each building address or entity.   The  receipt  of  maintenance
    received  in connection with a matrimonial action, alimony and child
    support payments shall not be listed.

    Self/                                                      [Category
    Spouse          Source                   Nature           of] Amount
                                                            [(In Table I)]

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________

14. List the sources of any deferred income (not retirement  income)  in
    EXCESS  of $1,000 from each source to be paid to the reporting indi-
    vidual following the close of  the  calendar  year  for  which  this
    disclosure  statement  is  filed,  other  than deferred compensation
    reported in item 11 hereinabove. Deferred income  derived  from  the
    practice  of a profession shall be listed in the aggregate and shall
    identify as the source, the name of the firm, corporation,  partner-
    ship  or association through which the income was derived, but shall
    not identify individual clients.

S. 6411                            42                            A. 9011

                                                               [Category
    Source                                                    of] Amount
                                                            [(In Table I)]

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________

15. List  each assignment of income in EXCESS of $1,000, and each trans-
    fer other than to a relative during the reporting period  for  which
    this  statement  is  filed  for  less  than fair consideration of an
    interest in a trust, estate or other beneficial interest, securities
    or real property, by the reporting individual, in excess of  $1,000,
    which  would  otherwise be required to be reported herein and is not
    or has not been so reported.

    Item Assigned                    Assigned or             [Category
    or Transferred                 Transferred to            of] Value
                                                           [(In Table I)]

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________

16. List below the type and market  value  of  securities  held  by  the
    reporting  individual  or such individual's spouse from each issuing
    entity in EXCESS of $1,000 at the close of  the  taxable  year  last
    occurring  prior  to  the  date of filing, including the name of the
    issuing entity exclusive of securities held by the  reporting  indi-
    vidual issued by a professional corporation. Whenever an interest in
    securities  exists  through  a  beneficial  interest in a trust, the
    securities held in such trust shall be listed ONLY IF the  reporting
    individual has knowledge thereof except where the reporting individ-
    ual  or  the reporting individual's spouse has transferred assets to
    such trust for his or her benefit in  which  event  such  securities
    shall  be  listed unless they are not ascertainable by the reporting
    individual because the trustee is under an obligation  or  has  been
    instructed  in  writing not to disclose the contents of the trust to
    the reporting individual. Securities of which the reporting individ-
    ual or the reporting individual's spouse is the owner of record  but
    in which such individual or the reporting individual's spouse has no
    beneficial  interest  shall  not be listed.   Indicate percentage of
    ownership ONLY if the reporting person  or  the  reporting  person's
    spouse  holds  more  than five percent (5%) of the stock of a corpo-
    ration in which the stock  is  publicly  traded  or  more  than  ten
    percent  (10%)  of  the stock of a corporation in which the stock is
    NOT publicly traded.  Also  list  securities  owned  for  investment
    purposes by a corporation more than fifty percent (50%) of the stock
    of  which is owned or controlled by the reporting individual or such
    individual's spouse.  For the purpose of this item the term "securi-
    ties" shall mean mutual funds, bonds, mortgages, notes, obligations,

S. 6411                            43                            A. 9011

    warrants and stocks of any class, investment interests in limited or
    general partnerships and certificates of  deposits  (CDs)  and  such
    other  evidences of indebtedness and certificates of interest as are
    usually  referred to as securities.  The market value for such secu-
    rities shall be reported only if reasonably ascertainable and  shall
    not be reported if the security is an interest in a general partner-
    ship  that  was listed in item 8 (a) or if the security is corporate
    stock, NOT publicly traded, in a trade or business  of  a  reporting
    individual or a reporting individual's spouse.

                                     Percentage
                                     of corporate
                                     stock owned
                                     or controlled      [Category of]
                                     (if more than      Market Value
                                     5% of pub-         as of the close
                                     licly traded       of the
                                     stock, or          taxable year
                                     more than          last occurring
                                     10% if stock       prior to
    Self/   Issuing     Type of      not publicly       the filing of
    Spouse  Entity      Security     traded, is held)   this statement
                                                        [(In Table II)]

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________

17. List  below  the  location,  size, general nature, acquisition date,
    market value and percentage of ownership of  any  real  property  in
    which  any vested or contingent interest in EXCESS of $1,000 is held
    by the reporting individual or the  reporting  individual's  spouse.
    Also  list  real  property owned for investment purposes by a corpo-
    ration more than fifty percent (50%) of the stock of which is  owned
    or  controlled  by  the  reporting  individual  or such individual's
    spouse. Do NOT list any  real  property  which  is  the  primary  or
    secondary  personal  residence  of  the  reporting individual or the
    reporting individual's spouse, except where there is a co-owner  who
    is other than a relative.

                                                               [Category
    Self/                                             Percentage  of]
    Spouse/                      General  Acquisition    of      Market
    Corporation  Location Size   Nature     Date      Ownership   Value
                                                                  [(In
                                                                  Table
                                                                  II)]

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________

S. 6411                            44                            A. 9011

18. List  below all notes and accounts receivable, other than from goods
    or services sold, held by the reporting individual at the  close  of
    the  taxable  year  last  occurring  prior to the date of filing and
    other debts owed to such individual at the close of the taxable year
    last  occurring  prior  to  the date of filing, in EXCESS of $1,000,
    including the name of the debtor, type of obligation, date  due  and
    the  nature  of  the  collateral  securing  payment of each, if any,
    excluding securities reported in item 16 hereinabove.  Debts,  notes
    and  accounts  receivable owed to the individual by a relative shall
    not be reported.

                              Type of Obligation,              [Category
                              Date Due, and Nature                of]
    Name of Debtor            of Collateral, if any               Amount
                                                           [(In Table II)]

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________

19. List below all liabilities of  the  reporting  individual  and  such
    individual's  spouse,  in EXCESS of $10,000 as of the date of filing
    of this statement, other than liabilities to a relative. Do NOT list
    liabilities incurred by, or guarantees made by, the reporting  indi-
    vidual  or  such individual's spouse or by any proprietorship, part-
    nership or corporation in which the  reporting  individual  or  such
    individual's  spouse  has  an interest, when incurred or made in the
    ordinary course of the trade, business or professional  practice  of
    the  reporting  individual  or such individual's spouse. Include the
    name of the creditor and any collateral pledged by  such  individual
    to  secure  payment  of  any  such liability. A reporting individual
    shall not list any obligation to pay maintenance in connection  with
    a  matrimonial  action,  alimony or child support payments. Any loan
    issued in the ordinary course of business by a financial institution
    to finance educational costs, the cost of home purchase or  improve-
    ments  for  a  primary  or  secondary  residence,  or  purchase of a
    personally owned motor vehicle, household  furniture  or  appliances
    shall be excluded. If any such reportable liability has been guaran-
    teed by any third person, list the liability and name the guarantor.

                                                               [Category
    Name of Creditor          Type of Liability                   of]
    or Guarantor              and Collateral, if any              Amount
                                                           [(In Table II)]

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________

    The  requirements  of  law  relating  to  the reporting of financial
    interests are in the public interest and  no  adverse  inference  of

S. 6411                            45                            A. 9011

    unethical  or  illegal conduct or behavior will be drawn merely from
    compliance with these requirements.

    ___________________________________       _________________________
    (Signature of Reporting Individual)       Date  (month/day/year)

                                  [TABLE I
    Category A                  none
    Category B      $        1 to under $    1,000
    Category C      $    1,000 to under $    5,000
    Category D      $    5,000 to under $   20,000
    Category E      $   20,000 to under $   50,000
    Category F      $   50,000 to under $   75,000
    Category G      $   75,000 to under $  100,000
    Category H      $  100,000 to under $  150,000
    Category I      $  150,000 to under $  250,000
    Category J      $  250,000 to under $  350,000
    Category K      $  350,000 to under $  450,000
    Category L      $  450,000 to under $  550,000
    Category M      $  550,000 to under $  650,000
    Category N      $  650,000 to under $  750,000
    Category O      $  750,000 to under $  850,000
    Category P      $  850,000 to under $  950,000
    Category Q      $  950,000 to under $1,050,000
    Category R      $1,050,000 to under $1,150,000
    Category S      $1,150,000 to under $1,250,000
    Category T      $1,250,000 to under $1,350,000
    Category U      $1,350,000 to under $1,450,000
    Category V      $1,450,000 to under $1,550,000
    Category W      $1,550,000 to under $1,650,000
    Category X      $1,650,000 to under $1,750,000
    Category Y      $1,750,000 to under $1,850,000
    Category Z      $1,850,000 to under $1,950,000
    Category AA     $1,950,000 to under $2,050,000
    Category BB     $2,050,000 to under $2,150,000
    Category CC     $2,150,000 to under $2,250,000
    Category DD     $2,250,000 to under $2,350,000
    Category EE     $2,350,000 to under $2,450,000
    Category FF     $2,450,000 to under $2,550,000
    Category GG     $2,550,000 to under $2,650,000
    Category HH     $2,650,000 to under $2,750,000
    Category II     $2,750,000 to under $2,850,000
    Category JJ     $2,850,000 to under $2,950,000
    Category KK     $2,950,000 to under $3,050,000
    Category LL     $3,050,000 to under $3,150,000
    Category MM     $3,150,000 to under $3,250,000
    Category NN     $3,250,000 to under $3,350,000
    Category OO     $3,350,000 to under $3,450,000
    Category PP     $3,450,000 to under $3,550,000
    Category QQ     $3,550,000 to under $3,650,000
    Category RR     $3,650,000 to under $3,750,000
    Category SS     $3,750,000 to under $3,850,000
    Category TT     $3,850,000 to under $3,950,000
    Category UU     $3,950,000 to under $4,050,000
    Category VV     $4,050,000 to under $4,150,000
    Category WW     $4,150,000 to under $4,250,000

S. 6411                            46                            A. 9011

    Category XX     $4,250,000 to under $4,350,000
    Category YY     $4,350,000 to under $4,450,000
    Category ZZ     $4,450,000 to under $4,550,000
    Category AAA    $4,550,000 to under $4,650,000
    Category BBB    $4,650,000 to under $4,750,000
    Category CCC    $4,750,000 to under $4,850,000
    Category DDD    $4,850,000 to under $4,950,000
    Category EEE    $4,950,000 to under $5,050,000
    Category FFF    $5,050,000 to under $5,150,000
    Category GGG    $5,150,000 to under $5,250,000
    Category HHH    $5,250,000 to under $5,350,000
    Category III    $5,350,000 to under $5,450,000
    Category JJJ    $5,450,000 to under $5,550,000
    Category KKK    $5,550,000 to under $5,650,000
    Category LLL    $5,650,000 to under $5,750,000
    Category MMM    $5,750,000 to under $5,850,000
    Category NNN    $5,580,000 to under $5,950,000
    Category OOO    $5,950,000 to under $6,050,000
    Category PPP    $6,050,000 to under $6,150,000
    Category QQQ    $6,150,000 to under $6,250,000
    Category RRR    $6,250,000 to under $6,350,000
    Category SSS    $6,350,000 to under $6,450,000
    Category TTT    $6,450,000 to under $6,550,000
    Category UUU    $6,550,000 to under $6,650,000
    Category VVV    $6,650,000 to under $6,750,000
    Category WWW    $6,750,000 to under $6,850,000
    Category XXX    $6,850,000 to under $6,950,000
    Category YYY    $6,950,000 to under $7,050,000
    Category ZZZ    $7,050,000 to under $7,150,000
    Category AAAA   $7,150,000 to under $7,250,000
    Category BBBB   $7,250,000 to under $7,350,000
    Category CCCC   $7,350,000 to under $7,450,000
    Category DDDD   $7,450,000 to under $7,550,000
    Category EEEE   $7,550,000 to under $7,650,000
    Category FFFF   $7,650,000 to under $7,750,000
    Category GGGG   $7,750,000 to under $7,850,000
    Category HHHH   $7,850,000 to under $7,950,000
    Category IIII   $7,950,000 to under $8,050,000
    Category JJJJ   $8,050,000 to under $8,150,000
    Category KKKK   $8,150,000 to under $8,250,000
    Category LLLL   $8,250,000 to under $8,350,000
    Category MMMM   $8,350,000 to under $8,450,000
    Category NNNN   $8,450,000 to under $8,550,000
    Category OOOO   $8,550,000 to under $8,650,000
    Category PPPP   $8,650,000 to under $8,750,000
    Category QQQQ   $8,750,000 to under $8,850,000
    Category RRRR   $8,850,000 to under $8,950,000
    Category SSSS   $8,950,000 to under $9,050,000
    Category TTTT   $9,050,000 to under $9,150,000
    Category UUUU   $9,150,000 to under $9,250,000
    Category VVVV   $9,250,000 to under $9,350,000
    Category WWWW   $9,350,000 to under $9,450,000
    Category XXXX   $9,450,000 to under $9,550,000
    Category YYYY   $9,550,000 to under $9,650,000
    Category ZZZZ   $9,650,000 to under $9,750,000
    Category AAAAA  $9,750,000 to under $9,850,000

S. 6411                            47                            A. 9011

    Category BBBBB  $9,850,000 to under $9,950,000
    Category CCCCC  $9,950,000 to under $10,000,000
    Category DDDDD  $10,000,000 or over

                                  TABLE II
    Category A                none
    Category B    $        1 to under $    1,000
    Category C    $    1,000 to under $    5,000
    Category D    $    5,000 to under $   20,000
    Category E    $   20,000 to under $   50,000
    Category F    $   50,000 to under $   75,000
    Category G    $   75,000 to under $  100,000
    Category H    $  100,000 to under $  150,000
    Category I    $  150,000 to under $  250,000
    Category J    $  250,000 to under $  500,000
    Category K    $  500,000 to under $  750,000
    Category L    $  750,000 to under $1,000,000
    Category M    $1,000,000 to under $1,250,000
    Category N    $1,250,000 to under $1,500,000
    Category O    $1,500,000 to under $1,750,000
    Category P    $1,750,000 to under $2,000,000
    Category Q    $2,000,000 to under $2,250,000
    Category R    $2,250,000 to under $2,500,000
    Category S    $2,500,000 to under $2,750,000
    Category T    $2,750,000 to under $3,000,000
    Category U    $3,000,000 to under $3,250,000
    Category V    $3,250,000 to under $3,500,000
    Category W    $3,500,000 to under $3,750,000
    Category X    $3,750,000 to under $4,000,000
    Category Y    $4,000,000 to under $4,250,000
    Category Z    $4,250,000 to under $4,500,000
    Category AA   $4,500,000 to under $4,750,000
    Category BB   $4,750,000 to under $5,000,000
    Category CC   $5,000,000 to under $5,250,000
    Category DD   $5,250,000 to under $5,500,000
    Category EE   $5,500,000 to under $5,750,000
    Category FF   $5,750,000 to under $6,000,000
    Category GG   $6,000,000 to under $6,250,000
    Category HH   $6,250,000 to under $6,500,000
    Category II   $6,500,000 to under $6,750,000
    Category JJ   $6,750,000 to under $7,000,000
    Category KK   $7,000,000 to under $7,250,000
    Category LL   $7,250,000 to under $7,500,000
    Category MM   $7,500,000 to under $7,750,000
    Category NN   $7,750,000 to under $8,000,000
    Category OO   $8,000,000 to under $8,250,000
    Category PP   $8,250,000 to under $8,500,000
    Category QQ   $8,500,000 to under $8,750,000
    Category RR   $8,750,000 to under $9,000,000
    Category SS   $9,000,000 to under $9,250,000
    Category TT   $9,250,000 to under $9,500,000
    Category UU   $9,500,000 or over]
  S  6.  Subdivision  4  of  section 73-a of the public officers law, as
amended by section 5 of part A of chapter 399 of the laws  of  2011,  is
amended to read as follows:

S. 6411                            48                            A. 9011

  4.  A reporting individual who knowingly and wilfully fails to file an
annual statement of financial disclosure or who knowingly  and  wilfully
with  intent  to  deceive  makes  a false statement or gives information
which such individual knows to be false on such statement  of  financial
disclosure  filed  pursuant  to this section shall be subject to a civil
penalty in an amount not to exceed  forty  thousand  dollars  AND  ADDI-
TIONALLY  SUCH  VIOLATION MAY BE PUNISHABLE AS A CLASS A MISDEMEANOR.  A
PERSON WHO KNOWINGLY AND WILFULLY FAILS TO RESPOND  TO  THE  COMMISSION,
FAILS  TO PROVIDE INFORMATION REQUESTED, OR OTHERWISE REFUSES TO COOPER-
ATE IN THE CONDUCT OF A REVIEW  OF  AN  ANNUAL  STATEMENT  OF  FINANCIAL
DISCLOSURE  CONDUCTED  PURSUANT  TO SECTION NINETY-FOUR OF THE EXECUTIVE
LAW MAY BE SUBJECT TO A CIVIL  PENALTY  NOT  TO  EXCEED  FORTY  THOUSAND
DOLLARS.    Assessment of a civil penalty hereunder shall be made by the
joint commission on public ethics or by the legislative  ethics  commis-
sion,  as  the  case  may  be,  with respect to persons subject to their
respective jurisdictions.  The joint commission on public ethics  acting
pursuant to subdivision fourteen of section ninety-four of the executive
law or the legislative ethics commission acting pursuant to [subdivision
eleven  of  section eighty] PARAGRAPH (A) OF SUBDIVISION NINE OF SECTION
EIGHTY of the legislative law, as the case may be, may, in lieu of or in
addition to a civil penalty, refer a violation to the appropriate prose-
cutor [and upon such conviction, but  only  after  such  referral,  such
violation shall be punishable as a class A misdemeanor]. A civil penalty
for  false  filing may not be imposed hereunder in the event a [category
of] "value" or "amount" reported  hereunder  is  incorrect  unless  such
reported  information is falsely understated. [Notwithstanding any other
provision of law to the contrary, no other penalty,  civil  or  criminal
may  be  imposed  for  a failure to file, or for a false filing, of such
statement, except that the appointing authority may impose  disciplinary
action  as  otherwise  provided  by law.] The joint commission on public
ethics and the legislative ethics commission shall each be deemed to  be
an  agency  within the meaning of article three of the state administra-
tive procedure act and shall adopt rules governing the conduct of  adju-
dicatory proceedings and appeals relating to the assessment of the civil
penalties  herein  authorized. Such rules, which shall not be subject to
the approval requirements of the  state  administrative  procedure  act,
shall  provide for due process procedural mechanisms substantially simi-
lar to those set forth in such article three but  such  mechanisms  need
not  be identical in terms or scope. Assessment of a civil penalty shall
be final unless modified, suspended or vacated  within  thirty  days  of
imposition  and  upon  becoming  final shall be subject to review at the
instance of the affected reporting individual in a proceeding  commenced
against  the joint commission on public ethics or the legislative ethics
commission, pursuant to article seventy-eight of the civil practice  law
and rules.
  S  7.  Paragraph (a) of subdivision 9 of section 80 of the legislative
law, as amended by section 9 of part A of chapter 399  of  the  laws  of
2011, is amended to read as follows:
  (a)  An  individual subject to the jurisdiction of the commission with
respect to the imposition of penalties who knowingly  and  intentionally
violates  the  provisions  of  subdivisions  two  through five-a, seven,
eight, twelve, fourteen or  fifteen  of  section  seventy-three  of  the
public officers law or a reporting individual who knowingly and wilfully
fails  to  file an annual statement of financial disclosure or who know-
ingly and wilfully with intent to deceive makes  a  false  statement  or
gives information which such individual knows to be false on such state-

S. 6411                            49                            A. 9011

ment  of  financial disclosure filed pursuant to section seventy-three-a
of the public officers law, OR WHO SOLICITS, REQUESTS, COMMANDS,  IMPOR-
TUNES,  OR  INTENTIONALLY  AIDS  ANOTHER  PERSON TO ENGAGE IN ANY OF THE
ABOVE-MENTIONED CONDUCT, OR WHO KNOWINGLY AND WILLFULLY FAILS TO RESPOND
TO  THE  JOINT COMMISSION ON PUBLIC ETHICS, FAILS TO PROVIDE INFORMATION
REQUESTED, OR OTHERWISE REFUSES TO COOPERATE IN THE CONDUCT OF A  REVIEW
OF  AN  ANNUAL  STATEMENT  OF FINANCIAL DISCLOSURE CONDUCTED PURSUANT TO
SECTION NINETY-FOUR OF THE EXECUTIVE LAW shall be  subject  to  a  civil
penalty  in an amount not to exceed forty thousand dollars and the value
of any gift, compensation or  benefit  received  as  a  result  of  such
violation.  Any such individual who knowingly and intentionally violates
the provisions of [paragraph a, b, c, d, e,  g,  or  i  of]  subdivision
three  of section seventy-four of the public officers law, OR WHO SOLIC-
ITS, REQUESTS,  COMMANDS,  IMPORTUNES,  OR  INTENTIONALLY  AIDS  ANOTHER
PERSON TO ENGAGE IN ANY OF THE ABOVE-MENTIONED CONDUCT, shall be subject
to  a  civil penalty in an amount not to exceed ten thousand dollars and
the value of any gift, compensation or benefit received as a  result  of
such violation. Assessment of a civil penalty hereunder shall be made by
the  commission  with respect to persons subject to its jurisdiction. In
assessing the amount of the civil penalties to be imposed,  the  commis-
sion shall consider the seriousness of the violation, the amount of gain
to the individual and whether the individual previously had any civil or
criminal  penalties  imposed  pursuant  to  this  section, and any other
factors the commission  deems  appropriate.  For  a  violation  of  this
section,  other than for conduct which constitutes a violation of subdi-
vision twelve, fourteen or fifteen of section seventy-three  or  section
seventy-four  of the public officers law, the legislative ethics commis-
sion may, in lieu of  or  in  addition  to  a  civil  penalty,  refer  a
violation  to  the appropriate prosecutor [and upon such conviction, but
only after such referral, such violation shall be punishable as a  class
A  misdemeanor].  Where  the commission finds sufficient cause, it shall
refer such matter to the appropriate prosecutor.  A  civil  penalty  for
false  filing  may  not  be imposed hereunder in the event a category of
"value" or "amount" reported hereunder is incorrect unless such reported
information is falsely understated. [Notwithstanding any other provision
of law to the contrary, no other  penalty,  civil  or  criminal  may  be
imposed for a failure to file, or for a false filing, of such statement,
or a violation of subdivision six of section seventy-three of the public
officers  law, except that the appointing authority may impose discipli-
nary action as  otherwise  provided  by  law.]  The  legislative  ethics
commission shall be deemed to be an agency within the meaning of article
three  of  the  state administrative procedure 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  civil
penalties  herein  authorized. Such rules, which shall not be subject to
the promulgation and hearing requirements of  the  state  administrative
procedure  act,  shall  provide  for  due  process procedural mechanisms
substantially similar to those set forth in such article three but  such
mechanisms  need  not  be  identical  in terms or scope. Assessment of a
civil penalty shall be final unless modified, suspended or vacated with-
in thirty days of imposition, with respect to  the  assessment  of  such
penalty,  or  unless such denial of request is reversed within such time
period, and upon becoming final  shall  be  subject  to  review  at  the
instance of the affected reporting individuals in a proceeding commenced

S. 6411                            50                            A. 9011

against  the legislative ethics commission, pursuant to article seventy-
eight of the civil practice law and rules.
  S  8.  Paragraph  (n)  of subdivision 9 of section 94 of the executive
law, as added by section 6 of part A of chapter 399 of the laws of 2011,
are amended to read as follows:
  (n) Promulgate guidelines for the commission to conduct a  program  of
random  reviews,  to  be carried out in the following manner: (i) annual
statements of financial disclosure shall be selected  for  review  in  a
manner  pursuant  to  which  the identity of any particular person whose
statement is selected is unknown to the commission and its  staff  prior
to  its selection; (ii) such review shall include a preliminary examina-
tion of the selected statement for internal  consistency,  a  comparison
with  other  records  maintained by the commission, including previously
filed statements and requests for advisory opinions, and examination  of
relevant  public  information;  (iii) upon completion of the preliminary
examination, the commission shall determine whether further  inquiry  is
warranted, whereupon it shall notify the reporting individual in writing
that  the  statement is under review, advise the reporting individual of
the specific areas of inquiry, and provide the reporting individual with
the opportunity to provide  any  relevant  information  related  to  the
specific areas of inquiry, REQUEST SUPPORTING DOCUMENTATION (IF A PERSON
CANNOT  OBTAIN  DOCUMENTS REQUESTED BY THE COMMISSION, OR SUCH DOCUMENTS
DO NOT EXIST, THE PERSON MUST SIGN A STATEMENT BASED  ON  KNOWLEDGE  AND
BELIEF  THAT  SUCH  DOCUMENTS  ARE UNAVAILABLE OR DO NOT EXIST), and the
opportunity to file  amendments  to  the  selected  statement  on  forms
provided  by  the  commission;  and  (iv) if thereafter sufficient cause
exists, the commission shall take additional actions, as appropriate and
consistent with law.
  S 9. Paragraph (b) of subdivision 9-a 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:
  (b)  [Except  as otherwise required or provided by law,] UNLESS OTHER-
WISE REQUIRED  HEREIN,  CONFIDENTIAL  INFORMATION,  INCLUDING  testimony
received or any other information obtained by a commissioner or staff of
the  commission  DURING  THE  COURSE  OF  AN INVESTIGATION, shall not be
disclosed by any such individual to any person  or  entity  outside  the
commission [during the pendency of any matter. Any confidential communi-
cation  to  any  person  or entity outside the commission related to the
matters before the commission  may  occur  only  as  authorized  by  the
commission]  EXCEPT  AS AUTHORIZED BY THE COMMISSION OR IN RESPONSE TO A
COURT ORDER OR A SUBPOENA LAWFULLY ISSUED BY A FEDERAL, STATE  OR  LOCAL
LAW ENFORCEMENT AGENCY.
  S  10.  Paragraph (a) of subdivision 13 of section 94 of the executive
law, as amended by section 6 of part A of chapter 399  of  the  laws  of
2011, is amended to read as follows:
  (a)  Investigations.  If  the  commission  receives  a sworn complaint
alleging a  violation  of  section  seventy-three,  seventy-three-a,  or
seventy-four  of  the  public officers law, section one hundred seven of
the civil service law or article one-A  of  the  legislative  law  by  a
person or entity subject to the jurisdiction of the commission including
members  of the legislature and legislative employees and candidates for
member of the legislature, or if a  reporting  individual  has  filed  a
statement  which reveals a possible violation of these provisions, or if
the commission determines on its own initiative to investigate a  possi-
ble  violation,  the  commission shall notify the individual in writing,
describe the possible or alleged violation of such laws and provide  the

S. 6411                            51                            A. 9011

person  with  a fifteen day period in which to submit a written response
setting forth information relating to the activities cited as a possible
or alleged violation of law. The commission shall,  within  [forty-five]
SIXTY  calendar  days  after a complaint or a referral is received or an
investigation is initiated on the commission's own initiative,  vote  on
whether  to  commence a full investigation of the matter under consider-
ation to determine whether a substantial basis exists to conclude that a
violation of law has occurred.  IN LIEU OF SUCH VOTE, THE COMMISSION MAY
VOTE TO ADJOURN A MATTER UNTIL THE NEXT SCHEDULED MEETING OF THE COMMIS-
SION OR, UPON THE REQUEST OF A LAW ENFORCEMENT  AGENCY,  THE  COMMISSION
MAY  VOTE  TO  DEFER  A DETERMINATION ON WHETHER TO COMMENCE AN INVESTI-
GATION PENDING THE OUTCOME OF A CRIMINAL PROCEEDING. The  staff  of  the
joint  commission shall provide to the members prior to such vote infor-
mation regarding the likely scope and content of the investigation,  and
a  subpoena  plan,  to  the  extent  such information is available. Such
investigation shall be conducted  if  at  least  eight  members  of  the
commission vote to authorize it. Where the subject of such investigation
is  a member of the legislature or a legislative employee or a candidate
for member of the legislature, at least two of the eight or more members
who so vote to authorize such an investigation must have been  appointed
by  a  legislative  leader  or leaders from the major political party in
which the subject of the proposed  investigation  is  enrolled  if  such
person is enrolled in a major political party. Where the subject of such
investigation  is a state officer or state employee, at least two of the
eight or more members who so vote to  authorize  such  an  investigation
must  have been appointed by the governor and lieutenant governor. Where
the subject of such investigation is a statewide elected official  or  a
direct  appointee of such an official, at least two of the eight or more
members who so vote to authorize such an investigation  must  have  been
appointed by the governor and lieutenant governor and be enrolled in the
major political party in which the subject of the proposed investigation
is enrolled, if such person is enrolled in a major political party.
  S 11. Subdivision 14 of section 94 of the executive law, as amended by
section  6  of  part A of chapter 399 of the laws of 2011, is amended to
read as follows:
  14. An individual subject to the jurisdiction of  the  commission  who
knowingly  and intentionally violates the provisions of subdivisions two
through five-a, seven, eight, twelve or fourteen  through  seventeen  of
section  seventy-three  of  the public officers law, section one hundred
seven of the civil service law, or a reporting individual who  knowingly
and  wilfully  fails to file an annual statement of financial disclosure
or who knowingly and wilfully with  intent  to  deceive  makes  a  false
statement  or  fraudulent omission or gives information which such indi-
vidual knows to be false on such statement of financial disclosure filed
pursuant to section seventy-three-a of the public officers law,  OR  WHO
SOLICITS,  REQUESTS, COMMANDS, IMPORTUNES, OR INTENTIONALLY AIDS ANOTHER
PERSON TO ENGAGE IN ANY OF THE ABOVE-MENTIONED CONDUCT, OR WHO KNOWINGLY
AND WILFULLY FAILS TO RESPOND TO THE COMMISSION, FAILS TO PROVIDE INFOR-
MATION REQUESTED, OR OTHERWISE REFUSES TO COOPERATE IN THE CONDUCT OF  A
REVIEW OF AN ANNUAL STATEMENT OF FINANCIAL DISCLOSURE CONDUCTED PURSUANT
TO THIS SECTION, shall be subject to a civil penalty in an amount not to
exceed forty thousand dollars and the value of any gift, compensation or
benefit  received as a result of such violation. An individual who know-
ingly and intentionally violates the provisions of [paragraph a,  b,  c,
d,  e,  g,  or  i  of]  subdivision three of section seventy-four of the
public officers law, OR WHO SOLICITS, REQUESTS, COMMANDS, IMPORTUNES, OR

S. 6411                            52                            A. 9011

INTENTIONALLY AIDS ANOTHER PERSON TO ENGAGE IN  ANY  OF  THE  ABOVE-MEN-
TIONED  CONDUCT, shall be subject to a civil penalty in an amount not to
exceed ten thousand dollars and the value of any gift,  compensation  or
benefit  received as a result of such violation. An individual OR ENTITY
subject to the jurisdiction of the commission who knowingly and willful-
ly violates article one-A of  the  legislative  law,  OR  WHO  SOLICITS,
REQUESTS,  COMMANDS, IMPORTUNES, OR INTENTIONALLY AIDS ANOTHER PERSON OR
ENTITY TO ENGAGE IN ANY OF THE ABOVE-MENTIONED CONDUCT, shall be subject
to civil penalty as provided for in that article. Except with respect to
members of the legislature and legislative employees,  assessment  of  a
civil  penalty hereunder shall be made by the commission with respect to
persons subject to its jurisdiction. With respect to a violation of  any
law other than sections seventy-three, seventy-three-a, and seventy-four
of  the public officers law, where the commission finds sufficient cause
by a vote [held in the same manner as set  forth  in  paragraph  (b)  of
subdivision thirteen of this section], it shall refer such matter to the
appropriate  prosecutor  for  further  investigation.  In  assessing the
amount of the civil  penalties  to  be  imposed,  the  commission  shall
consider  the  seriousness  of  the violation, the amount of gain to the
individual and whether the individual previously had any civil or crimi-
nal penalties imposed pursuant to this section, and  any  other  factors
the  commission deems appropriate. Except with respect to members of the
legislature and legislative employees, for a violation of this  subdivi-
sion,  other  than  for conduct which constitutes a violation of section
one hundred seven of the civil service law, subdivisions twelve or four-
teen through seventeen of section seventy-three or section  seventy-four
of  the public officers law or article one-A of the legislative law, the
commission may, in lieu of or in addition to a civil  penalty,  refer  a
violation  to the appropriate prosecutor [and upon such conviction, such
violation shall be punishable as a class A misdemeanor]. A civil penalty
for false filing may not be imposed hereunder in the event a category of
"value" or "amount" reported hereunder is incorrect unless such reported
information is falsely understated. [Notwithstanding any other provision
of law to the contrary, no other  penalty,  civil  or  criminal  may  be
imposed for a failure to file, or for a false filing, of such statement,
or a violation of subdivision six of section seventy-three of the public
officers  law, except that the appointing authority may impose discipli-
nary action as otherwise provided by  law.]  The  commission  may  refer
violations of this subdivision to the appointing authority for discipli-
nary action as otherwise provided by law. The commission shall be deemed
to  be an agency within the meaning of article three of the state admin-
istrative procedure 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 civil penalties herein author-
ized and  commission  denials  of  requests  for  certain  deletions  or
exemptions  to  be made from a financial disclosure statement as author-
ized in paragraph (h) or paragraph  (i)  of  subdivision  nine  of  this
section. Such rules, which shall not be subject to the approval require-
ments  of  the state administrative procedure act, shall provide for due
process procedural mechanisms substantially similar to those  set  forth
in  article  three  of  the  state administrative procedure act but such
mechanisms need not be identical in terms  or  scope.  Assessment  of  a
civil  penalty  or  commission  denial  of such a request shall be final
unless modified, suspended or vacated within thirty days of  imposition,
with respect to the assessment of such penalty, or unless such denial of

S. 6411                            53                            A. 9011

request  is  reversed  within  such time period, and upon becoming final
shall be subject to review at the instance  of  the  affected  reporting
individuals  in  a proceeding commenced against the commission, pursuant
to article seventy-eight of the civil practice law and rules.
  S 12. Subdivision 18 of section 94 of the executive law, as amended by
section  6  of  part A of chapter 399 of the laws of 2011, is amended to
read as follows:
  18. Within one hundred twenty days  of  the  effective  date  of  this
subdivision,  the  commission  shall  create  and  thereafter maintain a
publicly accessible website which shall  set  forth  the  procedure  for
filing  a  complaint  with  the commission, and which shall contain [the
documents identified in subdivision nineteen of this section, other than
financial disclosure statements filed by state officers or employees  or
legislative  employees,  and] any other records or information which the
commission determines to be appropriate.
  S 13. Paragraphs (a) and (b) of subdivision 19 of section  94  of  the
executive  law,  as amended by section 6 of part A of chapter 399 of the
laws of 2011, are amended and a new paragraph (a-1) is added to read  as
follows:OFF;
  (a) [Notwithstanding the provisions of article six of the public offi-
cers  law,  the  only records of the commission which shall be available
for public inspection and copying are:
  (1) the information set forth in  an  annual  statement  of  financial
disclosure filed pursuant to section seventy-three-a of the public offi-
cers  law except information deleted pursuant to paragraph (h) of subdi-
vision nine of this section;
  (2) notices of delinquency  sent  under  subdivision  twelve  of  this
section;
  (3)  notices  of  civil  assessments  imposed under this section which
shall include a description of the nature of the alleged wrongdoing, the
procedural history of the complaint,  the  findings  and  determinations
made by the commission, and any sanction imposed;
  (4) the terms of any settlement or compromise of a complaint or refer-
ral which includes a fine, penalty or other remedy;
  (5)  those required to be held or maintained publicly available pursu-
ant to article one-A of the legislative law; and
  (6) substantial basis investigation reports issued by  the  commission
pursuant  to  subdivision fourteen-a or fourteen-b of this section. With
respect to reports concerning members of the legislature or  legislative
employees or candidates for member of the legislature, the joint commis-
sion  shall  not publicly disclose or otherwise disseminate such reports
except in conformance with the requirements of paragraph (b) of subdivi-
sion nine of section eighty of the legislative law.] COMMISSION  RECORDS
CREATED  AFTER  THE  EFFECTIVE  DATE  OF THE CHAPTER OF THE LAWS OF 2016
WHICH AMENDED THIS PARAGRAPH SHALL BE AVAILABLE  FOR  PUBLIC  INSPECTION
AND  COPYING  PURSUANT  TO  THE  PROVISIONS OF ARTICLE SIX OF THE PUBLIC
OFFICERS LAW, EXCEPT THAT THE COMMISSION MAY ALSO DENY ACCESS TO RECORDS
OR PORTIONS THEREOF THAT RELATE TO REQUESTS FROM ANY PERSON  OR  ENTITY,
WHO  IS  SUBJECT  TO THE JURISDICTION OF THE COMMISSION AND THE REQUIRE-
MENTS OF SECTIONS SEVENTY-THREE, SEVENTY-THREE-A OR SEVENTY-FOUR OF  THE
PUBLIC  OFFICERS LAW OR ARTICLE ONE-A OF THE LEGISLATIVE LAW OR APPLICA-
BLE REGULATIONS, FOR ADVICE AND GUIDANCE OR APPROVAL  RELATING  TO  SAID
PROVISIONS.
  (A-1)  NOTWITHSTANDING  THE  PROVISIONS  OF  ARTICLE SIX OF THE PUBLIC
OFFICERS LAW, THE ONLY RECORDS OF  THE  COMMISSION  CREATED  BEFORE  THE

S. 6411                            54                            A. 9011

CHAPTER  OF THE LAWS OF 2016 WHICH AMENDED THIS PARAGRAPH WHICH SHALL BE
AVAILABLE FOR PUBLIC INSPECTION AND COPYING ARE:
  (1)  THE  INFORMATION  SET  FORTH  IN AN ANNUAL STATEMENT OF FINANCIAL
DISCLOSURE FILED PURSUANT TO SECTION SEVENTY-THREE-A OF THE PUBLIC OFFI-
CERS LAW EXCEPT THE CATEGORIES OF VALUE OR AMOUNT,  WHICH  SHALL  REMAIN
CONFIDENTIAL,  AND  ANY  OTHER  ITEM  OF INFORMATION DELETED PURSUANT TO
PARAGRAPH (H) OF SUBDIVISION NINE OF THIS SECTION;
  (2) THE INFORMATION SET FORTH IN  AN  ANNUAL  STATEMENT  OF  FINANCIAL
DISCLOSURE FILED PURSUANT TO SECTION SEVENTY-THREE-A OF THE PUBLIC OFFI-
CERS  LAW EXCEPT INFORMATION DELETED PURSUANT TO PARAGRAPH (H) OF SUBDI-
VISION NINE OF THIS SECTION;
  (3) NOTICES OF DELINQUENCY  SENT  UNDER  SUBDIVISION  TWELVE  OF  THIS
SECTION;
  (4)  NOTICES  OF  CIVIL  ASSESSMENTS  IMPOSED UNDER THIS SECTION WHICH
SHALL INCLUDE A DESCRIPTION OF THE NATURE OF THE ALLEGED WRONGDOING, THE
PROCEDURAL HISTORY OF THE COMPLAINT,  THE  FINDINGS  AND  DETERMINATIONS
MADE BY THE COMMISSION, AND ANY SANCTION IMPOSED;
  (5) THE TERMS OF ANY SETTLEMENT OR COMPROMISE OF A COMPLAINT OR REFER-
RAL WHICH INCLUDES A FINE, PENALTY OR OTHER REMEDY;
  (6)  THOSE REQUIRED TO BE HELD OR MAINTAINED PUBLICLY AVAILABLE PURSU-
ANT TO ARTICLE ONE-A OF THE LEGISLATIVE LAW; AND
  (7) SUBSTANTIAL BASIS INVESTIGATION REPORTS ISSUED BY  THE  COMMISSION
PURSUANT  TO  SUBDIVISION FOURTEEN-A OR FOURTEEN-B OF THIS SECTION. WITH
RESPECT TO REPORTS CONCERNING MEMBERS OF THE LEGISLATURE OR  LEGISLATIVE
EMPLOYEES OR CANDIDATES FOR MEMBER OF THE LEGISLATURE, THE JOINT COMMIS-
SION  SHALL  NOT PUBLICLY DISCLOSE OR OTHERWISE DISSEMINATE SUCH REPORTS
EXCEPT IN CONFORMANCE WITH THE REQUIREMENTS OF PARAGRAPH (B) OF SUBDIVI-
SION NINE OF SECTION EIGHTY OF THE LEGISLATIVE LAW.
  (b) [Notwithstanding the provisions of article  seven  of  the  public
officers  law,  no  meeting or proceeding, including any such proceeding
contemplated under paragraph (h) or (i)  of  subdivision  nine  of  this
section,]  MEETINGS  AND  PROCEEDINGS of the commission shall be open to
the public[, except if expressly provided otherwise by the commission or
as is required by article one-A of  the  legislative  law]  PURSUANT  TO
ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. NOTWITHSTANDING THE PROVISIONS
OF  ARTICLE  SEVEN OF THE PUBLIC OFFICERS LAW, COMMISSIONERS MAY PARTIC-
IPATE IN A MEETING OR PROCEEDING OF THE  COMMISSION,  INCLUDING  VOTING,
FROM  A  LOCATION NOT OPEN TO THE GENERAL PUBLIC TO CONDUCT THE BUSINESS
OF THE COMMISSION, SO LONG AS ONE OF THE LOCATIONS FROM WHICH THE  MEET-
ING  OR  PROCEEDING  IS  BEING CONDUCTED COMPLIES WITH THE PROVISIONS OF
ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. SUCH PARTICIPATION SHALL COUNT
TOWARDS QUORUM.
  S 14. Subdivision (b) of  section  1-k  of  the  legislative  law,  as
amended by chapter 1 of the laws of 2005, is amended to read as follows:
  (b) No person shall accept such a retainer or employment. [A violation
of]  ANY  PERSON  WHO  VIOLATES this section shall be SUBJECT TO A CIVIL
PENALTY NOT TO EXCEED THE GREATER OF TEN THOUSAND DOLLARS OR  THE  VALUE
OF  THE CONTINGENT FEE, AND SUCH VIOLATION SHALL BE a class [A misdemea-
nor] E FELONY.
  S 15. Subdivision (b) of section 1-o of the legislative law is amended
by adding a new paragraph (vii) to read as follows:
  (VII) A LOBBYIST OR CLIENT WHO KNOWINGLY AND WILFULLY FAILS TO  COMPLY
WITH  REQUESTS  FOR  THE  PRODUCTION  OF DOCUMENTS OR OTHERWISE FAILS TO
COOPERATE DURING THE CONDUCT OF A RANDOM AUDIT UNDER SECTION 1-D OF THIS
ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED  TEN  THOUSAND
DOLLARS.

S. 6411                            55                            A. 9011

  S  16.  Section 1-s of the legislative law, as relettered by chapter 1
of the laws of 2005, is amended to read as follows:
  S  1-s.  Public access to records; format of records and reports.  (A)
The commission shall make information furnished by lobbyists and clients
available to the public for inspection and copying  in  electronic  [and
paper  formats]  FORMAT.  Access  to such information shall also be made
available for remote computer users through the internet network.
  (B) BEGINNING WITH THE STATEMENT OF REGISTRATION AND  REPORTS  DUE  IN
CALENDAR  YEAR  TWO  THOUSAND SEVENTEEN, ALL REGISTRATION STATEMENTS AND
REPORTS MUST BE SUBMITTED ON THE ELECTRONIC FILING  SYSTEM  ADMINISTERED
BY THE JOINT COMMISSION ON PUBLIC ETHICS.
  (I)  AN  INDIVIDUAL MAY SUBMIT A REGISTRATION STATEMENT OR REPORT ON A
FORM SUPPLIED BY THE COMMISSION WITH A WRITTEN ATTESTATION FROM A PHYSI-
CIAN OR OTHER HEALTH PROVIDER INDICATING THAT THE INDIVIDUAL HAS A DISA-
BILITY OR INFIRMITY PREVENTING THE INDIVIDUAL FROM COMPLETING THE REGIS-
TRATION STATEMENT OR REPORT ON THE ELECTRONIC FILING SYSTEM PROVIDED  BY
THE COMMISSION.
  (II)  ANY  INDIVIDUAL  REQUIRED  TO  FILE A STATEMENT PURSUANT TO THIS
SECTION MAY REQUEST FROM THE JOINT COMMISSION ON PUBLIC ETHICS ACCESS TO
AN ELECTRONIC COMPUTER TERMINAL TO FILE THE STATEMENT.
  (III) AN INDIVIDUAL WHO REQUESTS  ACCESS  TO  AN  ELECTRONIC  COMPUTER
TERMINAL  PURSUANT TO PARAGRAPH (I) OF THIS SUBDIVISION MUST BE PROVIDED
SUCH ACCESS WITHIN TWO BUSINESS DAYS OF SUBMITTING THE REQUEST.
  (IV) NO INDIVIDUAL SHALL BE DEEMED TO NOT HAVE TIMELY FILED  A  REGIS-
TRATION STATEMENT OR REPORT IF ACCESS TO AN ELECTRONIC COMPUTER TERMINAL
WAS NOT AVAILABLE AS PROVIDED IN PARAGRAPH (II) OF THIS SUBDIVISION.
  S  17.  Paragraph a of subdivision 12 of section 80 of the legislative
law, as amended by section 9 of part A of chapter 399  of  the  laws  of
2011, is amended to read as follows:
  a.  [Notwithstanding the provisions of article six of the public offi-
cers law, the only records of the commission which  shall  be  available
for public inspection and copying are:
  (1) the terms of any settlement or compromise of a complaint or refer-
ral  or  report  which  includes a fine, penalty or other remedy reached
after the commission has received a report from the joint commission  on
public  ethics pursuant to subdivision fourteen-a of section ninety-four
of the executive law;
  (2) generic advisory opinions;
  (3) all reports required by this section; and
  (4) all reports received from the joint commission  on  public  ethics
pursuant  to subdivision fourteen-a of section ninety-four of the execu-
tive law and in conformance with paragraph (b) of subdivision nine-b  of
this  section.]  COMMISSION  RECORDS CREATED AFTER THE EFFECTIVE DATE OF
THE CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN WHICH AMENDED THIS PARA-
GRAPH SHALL BE MADE AVAILABLE FOR PUBLIC INSPECTION AND COPYING PURSUANT
TO THE PROVISIONS OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
  S 18. This act shall take effect immediately provided,  however,  that
sections  two,  three,  four, five, twelve, thirteen, fourteen, fifteen,
sixteen and seventeen of this act shall take effect January 1, 2017.

                                 PART F

  Section 1. Section 5-212 of the election law is  REPEALED  and  a  new
section 5-212 is added to read as follows:
  S 5-212. MOTOR VEHICLE REGISTRATION. 1. IN ADDITION TO ANY OTHER METH-
OD  OF  VOTER  REGISTRATION  PROVIDED FOR IN THIS ARTICLE, ANY QUALIFIED

S. 6411                            56                            A. 9011

PERSON SHALL BE AUTOMATICALLY APPLIED FOR  REGISTRATION  AND  ENROLLMENT
SIMULTANEOUSLY  WITH  AND  UPON APPLICATION FOR A MOTOR VEHICLE DRIVER'S
LICENSE, A DRIVER'S LICENSE RENEWAL OR AN IDENTIFICATION CARD IF SUCH  A
CARD  IS ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES IN ITS NORMAL COURSE
OF BUSINESS UNLESS SUCH QUALIFIED PERSON DECLINES SUCH  APPLICATION  FOR
REGISTRATION  AND  ENROLLMENT AT THE TIME OF MAKING AN APPLICATION FOR A
MOTOR VEHICLE DRIVER'S LICENSE, DRIVER'S LICENSE RENEWAL OR AN IDENTIFI-
CATION CARD IF SUCH CARD IS ISSUED BY THE DEPARTMENT OF  MOTOR  VEHICLES
IN ITS NORMAL COURSE OF BUSINESS.
  2.  THE  DEPARTMENT  OF MOTOR VEHICLES, WITH THE APPROVAL OF THE STATE
BOARD OF ELECTIONS, SHALL DESIGN A FORM OR FORMS WHICH SHALL,  IN  ADDI-
TION  TO ELICITING SUCH INFORMATION AS MAY BE REQUIRED BY THE DEPARTMENT
OF MOTOR VEHICLES FOR A DRIVER'S LICENSE, A DRIVER'S LICENSE RENEWAL,  A
CHANGE  OF  ADDRESS  NOTIFICATION OR AN IDENTIFICATION CARD, SERVE AS AN
APPLICATION FOR REGISTRATION AND ENROLLMENT, OR A REGISTRATION  NECESSI-
TATED BY A CHANGE OF RESIDENCE.  ONLY ONE SIGNATURE SHALL BE REQUIRED TO
MEET  THE CERTIFICATION AND ATTESTATION NEEDS OF THE PORTION OF THE FORM
PERTAINING TO THE APPLICATION FOR A DRIVER'S LICENSE, A DRIVER'S LICENSE
RENEWAL, A CHANGE OF ADDRESS NOTIFICATION OR AN IDENTIFICATION CARD, AND
THE PORTION OF THE FORM PERTAINING TO VOTER REGISTRATION AND ENROLLMENT.
THE COST OF SUCH FORMS SHALL BE BORNE BY THE DEPARTMENT OF  MOTOR  VEHI-
CLES.
  3. THE VOTER REGISTRATION PORTION OF SUCH FORM SHALL:
  (A)  NOT  REQUIRE  ANY  INFORMATION  THAT  DUPLICATES  THE INFORMATION
REQUIRED ON THE APPLICATION FOR THE DRIVER  LICENSE  PORTION  AND  SHALL
REQUIRE  ONLY  SUCH ADDITIONAL INFORMATION AS WILL ENABLE ELECTION OFFI-
CIALS TO ASSESS THE APPLICANT'S ELIGIBILITY TO REGISTER TO VOTE, PREVENT
DUPLICATE REGISTRATION AND TO ADMINISTER VOTER  REGISTRATION  AND  OTHER
PARTS OF THE ELECTION PROCESS;
  (B)  INCLUDE  A  STATEMENT  OF  THE ELIGIBILITY REQUIREMENTS FOR VOTER
REGISTRATION AND SHALL REQUIRE THE APPLICANT TO ATTEST  BY  HIS  OR  HER
SIGNATURE  THAT  HE  OR  SHE  MEETS  THOSE REQUIREMENTS UNDER PENALTY OF
PERJURY UNLESS SUCH APPLICANT DECLINES SUCH REGISTRATION;
  (C) INFORM THE APPLICANT, IN PRINT  IDENTICAL  TO  THAT  USED  IN  THE
ATTESTATION SECTION OF THE FOLLOWING:
  (I) VOTER ELIGIBILITY REQUIREMENTS;
  (II) PENALTIES FOR SUBMISSION OF FALSE REGISTRATION APPLICATION;
  (III) THAT THE OFFICE WHERE APPLICANT REGISTERS SHALL REMAIN CONFIDEN-
TIAL AND THE INFORMATION BE USED ONLY FOR VOTER REGISTRATION PURPOSES;
  (IV)  IF THE APPLICANT DECLINES TO REGISTER, SUCH APPLICANT'S DECLINA-
TION SHALL REMAIN CONFIDENTIAL AND BE USED ONLY FOR  VOTER  REGISTRATION
PURPOSES;
  (D)  INCLUDE  A BOX FOR THE APPLICANT TO CHECK TO INDICATE WHETHER THE
APPLICANT WOULD LIKE TO DECLINE TO  REGISTER  TO  VOTE  ALONG  WITH  THE
STATEMENT  IN PROMINENT TYPE, "IF YOU DO NOT CHECK THIS BOX, YOU PROVIDE
YOUR SIGNATURE ON THE SPACE PROVIDED BELOW, AND  YOU  ARE  AT  LEAST  18
YEARS  OF  AGE OR OLDER, YOU WILL HAVE PERSONALLY APPLIED TO REGISTER TO
VOTE AT THIS TIME.";
  (E) INCLUDE A SPACE FOR THE APPLICANT TO INDICATE HIS OR HER CHOICE OF
PARTY ENROLLMENT, WITH A CLEAR ALTERNATIVE PROVIDED FOR THE APPLICANT TO
DECLINE TO AFFILIATE WITH ANY PARTY;
  (F) INCLUDE THE STATEMENT, "IF YOU WOULD LIKE HELP IN FILLING OUT  THE
VOTER  REGISTRATION  APPLICATION  FORM,  WE  WILL HELP YOU. THE DECISION
WHETHER TO SEEK OR ACCEPT HELP IS YOURS. YOU MAY FILL OUT  THE  APPLICA-
TION FORM IN PRIVATE.";

S. 6411                            57                            A. 9011

  (G) INCLUDE THE STATEMENT, "IF YOU BELIEVE THAT SOMEONE HAS INTERFERED
WITH  YOUR  RIGHT TO REGISTER OR DECLINE TO REGISTER TO VOTE, YOUR RIGHT
TO PRIVACY IN DECIDING WHETHER TO REGISTER OR IN APPLYING TO REGISTER TO
VOTE, OR YOUR RIGHT TO CHOOSE YOUR OWN POLITICAL PARTY  OR  OTHER  POLI-
TICAL  PREFERENCE,  YOU  MAY  FILE  A  COMPLAINT WITH THE STATE BOARD OF
ELECTIONS (ADDRESS AND TOLL FREE TELEPHONE NUMBER).";
  (H) INCLUDE A TOLL FREE NUMBER AT THE STATE BOARD  OF  ELECTIONS  THAT
CAN BE CALLED FOR ANSWERS TO REGISTRATION QUESTIONS; AND
  (I) INCLUDE ANY OTHER INFORMATION THAT IS NECESSARY TO COMPLY WITH THE
REQUIREMENTS OF THE NATIONAL VOTER REGISTRATION ACT.
  4. THE DEPARTMENT OF MOTOR VEHICLES SHALL TRANSMIT THAT PORTION OF THE
FORM  WHICH  CONSTITUTES  THE  COMPLETED APPLICATION FOR REGISTRATION OR
CHANGE OF ADDRESS FORM TO THE APPROPRIATE BOARD OF ELECTIONS  NOT  LATER
THAN  TEN DAYS AFTER RECEIPT EXCEPT THAT ALL SUCH COMPLETED APPLICATIONS
AND  FORMS  RECEIVED  BY  THE  DEPARTMENT  BETWEEN  THE  THIRTIETH   AND
TWENTY-FIFTH  DAY BEFORE AN ELECTION SHALL BE TRANSMITTED IN SUCH MANNER
AND AT SUCH TIME AS TO ASSURE THEIR RECEIPT BY SUCH BOARD  OF  ELECTIONS
NOT LATER THAN THE TWENTIETH DAY BEFORE SUCH ELECTION.  ALL TRANSMITTALS
SHALL INCLUDE ORIGINAL SIGNATURES.
  5.  COMPLETED  APPLICATION  FORMS  RECEIVED BY THE DEPARTMENT OF MOTOR
VEHICLES NOT LATER THAN THE TWENTY-FIFTH DAY  BEFORE  THE  NEXT  ENSUING
PRIMARY,  GENERAL OR SPECIAL ELECTION AND TRANSMITTED BY SUCH DEPARTMENT
TO THE APPROPRIATE BOARD OF ELECTIONS SO  THAT  THEY  ARE  RECEIVED  NOT
LATER  THAN  THE  TWENTIETH  DAY  BEFORE SUCH ELECTION SHALL ENTITLE THE
APPLICANT TO VOTE IN SUCH ELECTION PROVIDED THE  BOARD  DETERMINES  THAT
THE APPLICANT IS OTHERWISE QUALIFIED.
  6.  DISCLOSURE OF VOTER REGISTRATION INFORMATION, INCLUDING A DECLINA-
TION TO REGISTER, BY THE DEPARTMENT OF MOTOR  VEHICLES,  ITS  AGENTS  OR
EMPLOYEES,  FOR  OTHER THAN VOTER REGISTRATION PURPOSES, SHALL BE DEEMED
AN UNWARRANTED INVASION OF PERSONAL PRIVACY PURSUANT TO  THE  PROVISIONS
OF SUBDIVISION TWO OF SECTION EIGHTY-NINE OF THE PUBLIC OFFICERS LAW AND
SHALL CONSTITUTE A VIOLATION OF THIS CHAPTER.
  7.  APPLICATION  FORMS SHALL BE PROCESSED BY THE BOARD OF ELECTIONS IN
THE MANNER PRESCRIBED BY SECTION 5-210 OF THIS TITLE OR, IF  THE  APPLI-
CANT  IS  ALREADY REGISTERED TO VOTE FROM ANOTHER ADDRESS IN SUCH COUNTY
OR CITY, IN THE MANNER PRESCRIBED BY SECTION 5-208 OF  THIS  TITLE.  THE
BOARD  SHALL  SEND  THE  APPROPRIATE  NOTICE OF APPROVAL OR REJECTION AS
REQUIRED BY EITHER SUBDIVISION NINE OF SUCH SECTION 5-210 OR SUBDIVISION
FIVE OF SUCH SECTION 5-208.
  8. STRICT NEUTRALITY WITH RESPECT TO A PERSON'S PARTY ENROLLMENT SHALL
BE MAINTAINED AND ALL  PERSONS  SEEKING  VOTER  REGISTRATION  FORMS  AND
INFORMATION  SHALL  BE  ADVISED  THAT GOVERNMENT SERVICES ARE NOT CONDI-
TIONED ON BEING REGISTERED TO VOTE.
  9. NO STATEMENT SHALL BE MADE NOR ANY ACTION TAKEN TO  DISCOURAGE  THE
APPLICANT FROM REGISTERING TO VOTE.
  10.  THE DEPARTMENT OF MOTOR VEHICLES SHALL PROVIDE TO EACH PERSON WHO
CHOOSES TO REGISTER TO VOTE THE SAME LEVEL  OF  ASSISTANCE  PROVIDED  TO
PERSONS  IN  CONNECTION  WITH  THE  COMPLETION OF THE AGENCY'S REQUISITE
INFORMATION, UNLESS SUCH PERSON REFUSES SUCH ASSISTANCE.
  11. THE STATE BOARD SHALL ADOPT SUCH RULES AND REGULATIONS AS  MAY  BE
NECESSARY TO CARRY OUT THE REQUIREMENTS OF THIS SECTION. THE BOARD SHALL
ALSO  ADOPT  SUCH  RULES  AND REGULATIONS AS MAY BE NECESSARY TO REQUIRE
COUNTY BOARDS AND THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE THE  STATE
BOARD  WITH  SUCH  INFORMATION  AND DATA AS THE BOARD DEEMS NECESSARY TO
ASSESS COMPLIANCE WITH THIS SECTION AND TO COMPILE  SUCH  STATISTICS  AS
MAY BE REQUIRED BY THE FEDERAL ELECTIONS COMMISSION.

S. 6411                            58                            A. 9011

  12.  THE  STATE  BOARD SHALL DEVELOP AND DISTRIBUTE PUBLIC INFORMATION
AND PROMOTIONAL MATERIALS RELATING TO THE PURPOSES AND IMPLEMENTATION OF
THIS PROGRAM.
  13.  THE STATE BOARD SHALL PREPARE AND DISTRIBUTE TO THE DEPARTMENT OF
MOTOR VEHICLES WRITTEN INSTRUCTIONS AS  TO  THE  IMPLEMENTATION  OF  THE
PROGRAM  AND SHALL BE RESPONSIBLE FOR ESTABLISHING TRAINING PROGRAMS FOR
EMPLOYEES OF THE DEPARTMENT OF MOTOR VEHICLES INVOLVED IN SUCH PROGRAM.
  14. THE COMMISSIONER OF MOTOR VEHICLES SHALL TAKE  ALL  ACTIONS  WHICH
ARE  NECESSARY  AND  PROPER  FOR THE IMPLEMENTATION OF THIS SECTION. THE
COMMISSIONER OF MOTOR VEHICLES SHALL DESIGNATE  ONE  PERSON  WITHIN  THE
AGENCY  AS THE AGENCY VOTER REGISTRATION COORDINATOR WHO WILL, UNDER THE
DIRECTION OF THE STATE BOARD OF ELECTIONS, BE RESPONSIBLE FOR THE  VOTER
REGISTRATION PROGRAM IN SUCH AGENCY.
  15. NOTWITHSTANDING SUBDIVISION SIX OF SECTION 5-210 OF THIS TITLE AND
ANY  OTHER  LAW  TO THE CONTRARY, AN APPLICANT WHO IS LESS THAN EIGHTEEN
YEARS OF AGE WHO IMPROPERLY FAILS TO DECLINE TO VOTE IN ACCORDANCE  WITH
THE  PROVISIONS  OF THIS SECTION SHALL NOT BE GUILTY OF ANY CRIME AS THE
RESULT OF THE APPLICANT'S FAILURE TO MAKE SUCH DECLINATION.
  S 2. Paragraph (a) of subdivision 2 of section 5-712 of  the  election
law,  as  amended by chapter 200 of the laws of 1996, is amended to read
as follows:
  (a) The board of elections shall also send a  confirmation  notice  to
every  registered  voter  for  whom  it  receives  a notice of change of
address to an address not in such city or county which is not signed  by
the  voter.    Such  change of address notices shall include, but not be
limited to, notices of change of address received pursuant  to  subdivi-
sion eleven of section 5-211 and subdivision [six] FOUR of section 5-212
of  this  article,  notice  of  change of address from the United States
Postal Service through the National Change of Address System or from any
other agency of the federal government or any agency  of  any  state  or
local  government  and  notice of a forwarding address on mail sent to a
voter by the board of elections and returned by the postal service. Such
confirmation notices shall be sent to such new address.
  S 3. Subdivision 5 of section 5-210 of the election law is amended  by
adding a new paragraph (n) to read as follows:
  (N)  THE  FORM  OF APPLICATION REQUIRED BY SECTION 5-212 OF THIS TITLE
SHALL BE DEEMED TO MEET THE REQUIREMENTS OF THIS SECTION.
  S 4. Subdivision 27 of section 1-104 of the election law is amended to
read as follows:
  27. The term "personal application" means a signed writing  which  may
be delivered by mailing [or], in person, OR ELECTRONICALLY.
  S  5.  Section  3-400  of  the election law is amended by adding a new
subdivision 9 to read as follows:
  9.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISIONS  OF  THIS  ARTICLE,
ELECTION  INSPECTORS OR POLL CLERKS, IF ANY, AT POLLING PLACES FOR EARLY
VOTING, SHALL CONSIST OF EITHER BOARD OF ELECTIONS EMPLOYEES  WHO  SHALL
BE  APPOINTED BY THE COMMISSIONERS OF SUCH BOARD OR DULY QUALIFIED INDI-
VIDUALS, APPOINTED IN THE MANNER SET FORTH IN THIS SECTION. APPOINTMENTS
TO THE OFFICES OF ELECTION INSPECTOR OR POLL CLERK IN EACH POLLING PLACE
FOR EARLY VOTING SHALL BE EQUALLY DIVIDED BETWEEN  THE  MAJOR  POLITICAL
PARTIES.  THE  BOARD  OF  ELECTIONS  SHALL  ASSIGN STAFF AND PROVIDE THE
RESOURCES THEY REQUIRE TO ENSURE WAIT TIMES AT EARLY VOTING SITES DO NOT
EXCEED THIRTY MINUTES.
  S 6. Section 4-117 of the election law is  amended  by  adding  a  new
subdivision 1-a to read as follows:

S. 6411                            59                            A. 9011

  1-A.  THE  NOTICE  REQUIRED  BY  SUBDIVISION ONE OF THIS SECTION SHALL
INCLUDE THE DATES, HOURS AND LOCATIONS OF EARLY VOTING FOR  THE  GENERAL
AND  PRIMARY  ELECTION.  THE  BOARD  OF ELECTIONS MAY SATISFY THE NOTICE
REQUIREMENT OF THIS SUBDIVISION BY PROVIDING IN THE NOTICE  INSTRUCTIONS
TO  OBTAIN  THE  REQUIRED EARLY VOTING INFORMATION FROM A WEBSITE OF THE
BOARD OF ELECTIONS AND PROVIDING A PHONE NUMBER TO CALL FOR SUCH  INFOR-
MATION.
  S 7. Subdivision 2 of section 8-100 of the election law, as amended by
chapter 335 of the laws of 2000, is amended to read as follows:
  2. Polls shall be open for voting during the following hours: a prima-
ry  election from twelve o'clock noon until nine o'clock in the evening,
except in the city of New York and  the  counties  of  Nassau,  Suffolk,
Westchester,  Rockland,  Orange,  Putnam  and  Erie, and in such city or
county from six o'clock in the morning until nine o'clock in  the  even-
ing;  the  general  election  from six o'clock in the morning until nine
o'clock in the evening; a special election called by the governor pursu-
ant to the public officers law, and, except  as  otherwise  provided  by
law,  every  other  election, from six o'clock in the morning until nine
o'clock in the evening; EARLY VOTING  HOURS  SHALL  BE  AS  PROVIDED  IN
SECTION 8-600 OF THIS ARTICLE.
  S  8. Subdivision 1 of section 8-102 of the election law is amended by
adding a new paragraph (k) to read as follows:
  (K) VOTING AT EACH POLLING PLACE FOR EARLY VOTING SHALL  BE  CONDUCTED
IN  A  MANNER  CONSISTENT  WITH THE PROVISIONS OF THIS ARTICLE, WITH THE
EXCEPTION OF THE TABULATION AND PROCLAMATION OF ELECTION  RESULTS  WHICH
SHALL  BE  COMPLETED ACCORDING TO SUBDIVISIONS EIGHT AND NINE OF SECTION
8-600 OF THIS ARTICLE.
  S 9. Section 8-104 of the election law is  amended  by  adding  a  new
subdivision 7 to read as follows:
  7.  THIS  SECTION SHALL APPLY ON ALL EARLY VOTING DAYS AS PROVIDED FOR
IN SECTION 8-600 OF THIS ARTICLE.
  S 10. Paragraph (b) of subdivision 2 of section 8-508 of the  election
law,  as  amended by chapter 200 of the laws of 1996, is amended to read
as follows:
  (b) The second section of such report shall be reserved for the  board
of  inspectors to enter the name, address and registration serial number
of each person who is challenged on the day of election OR ON ANY DAY IN
WHICH THERE IS EARLY VOTING PURSUANT TO SECTION 8-600 OF  THIS  ARTICLE,
together  with  the  reason  for the challenge.   If no voters are chal-
lenged, the board of inspectors shall enter the  words  "No  Challenges"
across  the  space reserved for such names. In lieu of preparing section
two of the challenge report, the board of elections may provide, next to
the name of each voter on the computer generated  registration  list,  a
place  for the inspectors of election to record the information required
to be entered in such section two, or provide at the end of such comput-
er generated registration list, a place for the inspectors  of  election
to enter such information.
  S 11. Article 8 of the election law is amended by adding a new title 6
to read as follows:
                                TITLE VI
                              EARLY VOTING
SECTION 8-600. EARLY VOTING.
        8-602. STATE  BOARD  OF  ELECTIONS;  POWERS AND DUTIES FOR EARLY
                 VOTING.
  S 8-600. EARLY VOTING. 1. BEGINNING THE THIRTEENTH DAY  PRIOR  TO  ANY
GENERAL, PRIMARY OR SPECIAL ELECTION FOR ANY PUBLIC OR PARTY OFFICE, AND

S. 6411                            60                            A. 9011

ENDING ON AND INCLUDING THE SECOND DAY PRIOR TO SUCH GENERAL, PRIMARY OR
SPECIAL  ELECTION  FOR  SUCH PUBLIC OR PARTY OFFICE, PERSONS DULY REGIS-
TERED AND ELIGIBLE TO VOTE AT SUCH ELECTION SHALL BE PERMITTED  TO  VOTE
AS  PROVIDED  IN THIS TITLE.   THE BOARD OF ELECTIONS OF EACH COUNTY AND
THE CITY OF NEW YORK SHALL ESTABLISH PROCEDURES, SUBJECT TO APPROVAL  OF
THE STATE BOARD OF ELECTIONS, TO ENSURE THAT PERSONS WHO VOTE DURING THE
EARLY  VOTING  PERIOD SHALL NOT BE PERMITTED TO VOTE SUBSEQUENTLY IN THE
SAME ELECTION.
  2. (A) THE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF  NEW  YORK
SHALL  DESIGNATE  POLLING  PLACES FOR EARLY VOTING IN EACH COUNTY, WHICH
MAY INCLUDE THE OFFICES OF THE BOARD OF ELECTIONS, FOR PERSONS  TO  VOTE
EARLY  PURSUANT  TO  THIS SECTION. THERE SHALL BE SO DESIGNATED AT LEAST
ONE EARLY VOTING POLLING PLACE FOR EVERY FULL INCREMENT OF  FIFTY  THOU-
SAND  REGISTERED VOTERS IN EACH COUNTY; PROVIDED, HOWEVER, THE NUMBER OF
EARLY VOTING POLLING PLACES IN A COUNTY SHALL  NOT  BE  REQUIRED  TO  BE
GREATER  THAN  SEVEN, AND A COUNTY WITH FEWER THAN FIFTY THOUSAND VOTERS
SHALL HAVE AT LEAST ONE EARLY VOTING POLLING PLACE.
  (B) THE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF NEW YORK  MAY
ESTABLISH  ADDITIONAL  POLLING  PLACES FOR EARLY VOTING IN EXCESS OF THE
MINIMUM NUMBER REQUIRED BY  THIS  SUBDIVISION  FOR  THE  CONVENIENCE  OF
ELIGIBLE VOTERS WISHING TO VOTE DURING THE EARLY VOTING PERIOD.
  (C)  NOTWITHSTANDING  THE  MINIMUM  NUMBER  OF EARLY VOTING POLL SITES
OTHERWISE REQUIRED BY THIS  SUBDIVISION,  FOR  ANY  PRIMARY  OR  SPECIAL
ELECTION,  UPON  MAJORITY  VOTE OF THE BOARD OF ELECTIONS, THE NUMBER OF
EARLY VOTING SITES MAY BE REDUCED IF THE BOARD OF  ELECTIONS  REASONABLY
DETERMINES  A  LESSER NUMBER OF SITES IS SUFFICIENT TO MEET THE NEEDS OF
EARLY VOTERS.
  (D) POLLING PLACES FOR EARLY VOTING SHALL BE LOCATED TO ENSURE, TO THE
EXTENT PRACTICABLE, THAT ELIGIBLE VOTERS HAVE ADEQUATE EQUITABLE ACCESS,
TAKING INTO CONSIDERATION POPULATION DENSITY, TRAVEL TIME TO THE POLLING
PLACE, PROXIMITY TO OTHER  LOCATIONS  OR  COMMONLY  USED  TRANSPORTATION
ROUTES  AND  SUCH  OTHER FACTORS THE BOARD OF ELECTIONS OF THE COUNTY OR
THE CITY OF NEW YORK DEEMS APPROPRIATE. THE PROVISIONS OF SECTION  4-104
OF  THIS  CHAPTER,  EXCEPT  SUBDIVISIONS  FOUR AND FIVE OF SUCH SECTION,
SHALL APPLY TO THE DESIGNATION OF POLLING PLACES FOR EARLY VOTING EXCEPT
TO THE EXTENT SUCH PROVISIONS ARE INCONSISTENT WITH THIS SECTION.
  3. ANY PERSON PERMITTED TO VOTE EARLY MAY DO SO AT ANY  POLLING  PLACE
FOR EARLY VOTING ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
IN THE COUNTY WHERE SUCH VOTER IS REGISTERED TO VOTE. PROVIDED, HOWEVER,
(I)  IF IT IS IMPRACTICAL TO PROVIDE EACH POLLING PLACE FOR EARLY VOTING
ALL APPROPRIATE BALLOTS FOR EACH ELECTION TO BE VOTED ON IN THE  COUNTY,
OR  (II)  IF  PERMITTING SUCH PERSONS TO VOTE EARLY AT ANY POLLING PLACE
ESTABLISHED FOR EARLY VOTING WOULD MAKE IT IMPRACTICAL  TO  ENSURE  THAT
SUCH  VOTER  HAS  NOT  PREVIOUSLY  VOTED EARLY DURING SUCH ELECTION, THE
BOARD OF ELECTIONS MAY DESIGNATE EACH POLLING  PLACE  FOR  EARLY  VOTING
ONLY  FOR  THOSE VOTERS REGISTERED TO VOTE IN A PORTION OF THE COUNTY TO
BE SERVED BY SUCH POLLING PLACE FOR  EARLY  VOTING,  PROVIDED  THAT  ALL
VOTERS  IN  EACH  COUNTY  SHALL HAVE ONE OR MORE POLLING PLACES AT WHICH
THEY ARE ELIGIBLE TO VOTE  THROUGHOUT  THE  EARLY  VOTING  PERIOD  ON  A
SUBSTANTIALLY EQUAL BASIS.
  4.  (A)  POLLS SHALL BE OPEN FOR EARLY VOTING FOR AT LEAST EIGHT HOURS
BETWEEN SEVEN O'CLOCK IN THE MORNING AND EIGHT O'CLOCK  IN  THE  EVENING
EACH WEEK DAY DURING THE EARLY VOTING PERIOD.
  (B)  AT  LEAST  ONE  POLLING  PLACE FOR EARLY VOTING SHALL REMAIN OPEN
UNTIL EIGHT O'CLOCK IN THE EVENING ON AT LEAST TWO  WEEK  DAYS  IN  EACH
CALENDAR  WEEK  DURING  THE EARLY VOTING PERIOD.   IF POLLING PLACES FOR

S. 6411                            61                            A. 9011

EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS PURSUANT TO SUBDI-
VISION THREE OF THIS SECTION, POLLING  PLACES  THAT  REMAIN  OPEN  UNTIL
EIGHT  O'CLOCK SHALL BE DESIGNATED SUCH THAT ANY PERSON ENTITLED TO VOTE
EARLY  MAY  VOTE UNTIL EIGHT O'CLOCK IN THE EVENING ON AT LEAST TWO WEEK
DAYS DURING THE EARLY VOTING PERIOD.
  (C) POLLS SHALL BE OPEN FOR EARLY  VOTING  FOR  AT  LEAST  FIVE  HOURS
BETWEEN  NINE  O'CLOCK  IN THE MORNING AND SIX O'CLOCK IN THE EVENING ON
EACH SATURDAY, SUNDAY AND LEGAL HOLIDAY DURING THE EARLY VOTING PERIOD.
  (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT  ANY  BOARD
OF  ELECTIONS  FROM  ESTABLISHING  A  GREATER NUMBER OF HOURS FOR VOTING
DURING THE EARLY VOTING PERIOD BEYOND THE NUMBER OF  HOURS  REQUIRED  IN
THIS SUBDIVISION.
  (E) EARLY VOTING POLLING PLACES AND THEIR HOURS OF OPERATION FOR EARLY
VOTING  AT  A  GENERAL ELECTION SHALL BE DESIGNATED BY MAY FIRST OF EACH
YEAR PURSUANT TO SUBDIVISION ONE  OF  SECTION  4-104  OF  THIS  CHAPTER.
NOTWITHSTANDING  THE  PROVISIONS  OF SUBDIVISION ONE OF SECTION 4-104 OF
THIS CHAPTER REQUIRING POLL SITE DESIGNATION BY MAY FIRST, EARLY  VOTING
POLLING  PLACES  AND  THEIR  HOURS  OF  OPERATION FOR EARLY VOTING FOR A
PRIMARY OR SPECIAL ELECTION SHALL BE MADE NOT LATER THAN FORTY-FIVE DAYS
BEFORE SUCH PRIMARY OR SPECIAL ELECTION.
  5. EACH BOARD OF ELECTIONS SHALL CREATE A COMMUNICATION PLAN TO INFORM
ELIGIBLE VOTERS OF THE OPPORTUNITY TO VOTE EARLY.  SUCH PLAN MAY UTILIZE
ANY AND ALL MEDIA OUTLETS, INCLUDING SOCIAL MEDIA, AND SHALL  PUBLICIZE:
THE  LOCATION AND DATES AND HOURS OF OPERATION OF ALL POLLING PLACES FOR
EARLY VOTING; AN INDICATION OF WHETHER EACH POLLING PLACE IS  ACCESSIBLE
TO  VOTERS WITH PHYSICAL DISABILITIES; A CLEAR AND UNAMBIGUOUS NOTICE TO
VOTERS THAT IF THEY CAST A BALLOT DURING THE EARLY  VOTING  PERIOD  THEY
WILL  NOT  BE  ALLOWED  TO  VOTE ELECTION DAY; AND IF POLLING PLACES FOR
EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS PURSUANT TO SUBDI-
VISION THREE OF THIS SECTION, THE LOCATION OF  THE  POLLING  PLACES  FOR
EARLY  VOTING  SERVING THE VOTERS OF EACH PARTICULAR CITY, TOWN OR OTHER
POLITICAL SUBDIVISION.
  6. THE FORM OF PAPER BALLOTS USED IN EARLY VOTING  SHALL  COMPLY  WITH
THE  PROVISIONS  OF ARTICLE SEVEN OF THIS CHAPTER THAT ARE APPLICABLE TO
VOTING BY PAPER BALLOT ON ELECTION DAY AND SUCH BALLOT SHALL BE CAST  IN
THE  SAME  MANNER  AS  PROVIDED  FOR  IN  SECTION 8-312 OF THIS ARTICLE,
PROVIDED, HOWEVER, THAT BALLOTS CAST  DURING  THE  EARLY  VOTING  PERIOD
SHALL BE SECURED IN THE MANNER OF VOTED BALLOTS CAST ON ELECTION DAY AND
SUCH BALLOTS SHALL NOT BE CANVASSED OR EXAMINED UNTIL AFTER THE CLOSE OF
THE  POLLS  ON  ELECTION  DAY, AND NO UNOFFICIAL TABULATIONS OF ELECTION
RESULTS SHALL BE PRINTED OR VIEWED IN ANY MANNER UNTIL AFTER  THE  CLOSE
OF POLLS ON ELECTION DAY.
  7.  VOTERS  CASTING BALLOTS PURSUANT TO THIS TITLE SHALL BE SUBJECT TO
CHALLENGE AS PROVIDED IN SECTIONS 8-500, 8-502 AND 8-504 OF  THIS  ARTI-
CLE.
  8. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, AT THE END OF
EACH  DAY  OF  EARLY VOTING, ANY EARLY VOTING BALLOTS THAT HAVE NOT BEEN
SCANNED BECAUSE A BALLOT SCANNER WAS NOT AVAILABLE OR BECAUSE THE BALLOT
HAS BEEN ABANDONED BY THE VOTER AT THE BALLOT SCANNER SHALL BE CAST IN A
MANNER CONSISTENT WITH SECTION 9-110 OF THIS CHAPTER,  EXCEPT  THAT  ANY
BALLOTS THAT WOULD OTHERWISE BE SCANNED AT THE CLOSE OF THE POLLS PURSU-
ANT  TO  SUCH  SECTION SHALL BE SCANNED AT THE CLOSE OF EACH DAY'S EARLY
VOTING.
  9. THE BOARD OF ELECTIONS SHALL SECURE ALL BALLOTS AND  SCANNERS  USED
FOR  EARLY  VOTING FROM THE BEGINNING OF THE EARLY VOTING PERIOD THROUGH
THE CLOSE OF THE POLLS OF THE ELECTION ON ELECTION DAY. AS SOON  AS  THE

S. 6411                            62                            A. 9011

POLLS  OF  THE  ELECTION  ARE  CLOSED  ON  ELECTION DAY, AND NOT BEFORE,
INSPECTORS OR BOARD OF ELECTIONS EMPLOYEES  SHALL  FOLLOW  ALL  RELEVANT
PROVISIONS  OF  ARTICLE  NINE  OF THIS CHAPTER THAT ARE NOT INCONSISTENT
WITH THIS SECTION, FOR CANVASSING, PROCESSING, RECORDING, AND ANNOUNCING
RESULTS  OF  VOTING  AT  POLLING  PLACES  FOR EARLY VOTING, AND SECURING
BALLOTS, SCANNERS, AND OTHER ELECTION MATERIALS.
  S 8-602. STATE BOARD OF ELECTIONS; POWERS AND DUTIES FOR EARLY VOTING.
ANY  RULE  OR  REGULATION  NECESSARY  FOR  THE  IMPLEMENTATION  OF   THE
PROVISIONS  OF  THIS  TITLE  SHALL  BE PROMULGATED BY THE STATE BOARD OF
ELECTIONS  PROVIDED  THAT  SUCH  RULES  AND  REGULATIONS  SHALL  INCLUDE
PROVISIONS  TO  ENSURE  THAT  BALLOTS  CAST EARLY, BY ANY METHOD ALLOWED
UNDER LAW, ARE COUNTED AND CANVASSED AS IF CAST  ON  ELECTION  DAY.  THE
STATE  BOARD  OF  ELECTIONS  SHALL  PROMULGATE ANY OTHER RULES AND REGU-
LATIONS NECESSARY TO ENSURE AN EFFICIENT AND FAIR EARLY  VOTING  PROCESS
THAT  RESPECTS  THE  PRIVACY  OF THE VOTER. PROVIDED, FURTHER, THAT SUCH
RULES AND REGULATIONS SHALL REQUIRE THAT THE VOTING HISTORY  RECORD  FOR
EACH  VOTER  BE  CONTINUALLY  UPDATED  TO REFLECT EACH INSTANCE OF EARLY
VOTING BY SUCH VOTER.
  S 12. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to  any
election  held  120  days  or  more  after  it  shall have taken effect;
provided, however that sections one, two, three and  four  of  this  act
shall take effect on April 1, 2017.

                                 PART G

  Section 1. The New York state comptroller, or his or her designee, the
attorney  general  of the state of New York, or his or her designee, the
chief information  officer  of  the  office  of  information  technology
services,  or  his  or  her  designee  and  the  commissioner of general
services, or his or her designee, are hereby directed to review, examine
and make recommendations  concerning  the  feasibility  of  assigning  a
single  identifying  code  to  contractors,  vendors and other payees to
track such entities and expenditures. This group shall submit  a  report
to  the  governor, temporary president of the senate, and the speaker of
the assembly on or before January 1, 2017, of its findings and recommen-
dations.
  S 2. This act shall take effect immediately.

                                 PART H

  Section 1. Subdivisions (b), (h) and (w) of section 1-c of the  legis-
lative  law,  subdivisions (b) and (h) as added by chapter 2 of the laws
of 1999 and subdivision (w) as added by section 8 of part A  of  chapter
399  of the laws of 2011, are amended and a new subdivision (x) is added
to read as follows:
  (b) The term "client" shall mean  every  person  or  organization  who
retains,  employs  or  designates any person or organization to carry on
lobbying activities OR POLITICAL CONSULTING SERVICES on behalf  of  such
client.
  (h) The term "compensation" shall mean any salary, fee, gift, payment,
benefit,  loan, advance or any other thing of value paid, owed, given or
promised to the lobbyist OR  POLITICAL  CONSULTANT  by  the  client  for
lobbying  OR  POLITICAL  CONSULTING  but shall not include contributions
reportable pursuant to article fourteen of the election law.

S. 6411                            63                            A. 9011

  (w) The term "reportable business relationship" shall mean a relation-
ship in which compensation is paid by a lobbyist, POLITICAL  CONSULTANT,
or  by a client of a lobbyist OR A POLITICAL CONSULTANT, in exchange for
any goods, services or anything of value, the total value of which is in
excess  of one thousand dollars annually, to be performed or provided by
or intended to be performed or provided by  (i)  any  statewide  elected
official,  state  officer,  state employee, member of the legislature or
legislative employee, or (ii) any entity in which the  lobbyist  or  the
client  of a lobbyist OR A POLITICAL CONSULTANT OR THE CLIENT OF A POLI-
TICAL CONSULTANT knows or has reason to know the statewide elected offi-
cial, state officer, state employee, member of the legislature or legis-
lative employee is a proprietor, partner, director, officer or  manager,
or  owns or controls ten percent or more of the stock of such entity (or
one percent in the case of a corporation whose stock is regularly traded
on an established securities exchange).
  (X) THE TERM "POLITICAL CONSULTING" MEANS AND INCLUDES  THE  PROVISION
FOR  COMPENSATION,  TO  ANY  ELECTED  STATE  OR LOCAL PUBLIC OFFICIAL OF
ADVICE, SERVICES OR ASSISTANCE IN SECURING FUTURE STATE OR LOCAL  PUBLIC
OFFICE  INCLUDING,  BUT NOT LIMITED TO, CAMPAIGN MANAGEMENT, FUNDRAISING
ACTIVITIES, PUBLIC RELATIONS OR MEDIA SERVICES, BUT SHALL EXCLUDE  LEGAL
WORK  DIRECTLY  RELATED  TO  LITIGATION  OR  LEGAL ADVICE WITH REGARD TO
SECURING A PLACE ON THE BALLOT, THE PETITIONING PROCESS, THE CONDUCT  OF
AN ELECTION OR WHICH INVOLVES THIS CHAPTER.
  S  2.  Section 1-d of the legislative law, as amended by chapter 14 of
the laws of 2007 and subdivision (h) as added by section 7 of part A  of
chapter 399 of the laws of 2011, is amended to read as follows:
  S  1-d.  Lobby-related  AND POLITICAL CONSULTING-RELATED powers of the
commission. In addition to any  other  powers  and  duties  provided  by
section  ninety-four  of  the  executive law, the commission shall, with
respect to its lobbying-related AND POLITICAL  CONSULTING-RELATED  func-
tions only, have the power and duty to:
  (a) administer and enforce all the provisions of this article;
  (b) conduct a program of random audits subject to the terms and condi-
tions  of  this  section.  Any  such program shall be carried out in the
following manner:
  (i) The commission may randomly select reports or registration  state-
ments  required  to  be  filed  by  lobbyists, POLITICAL CONSULTANTS, or
clients pursuant to this article for audit. Any such selection shall  be
done in a manner pursuant to which the identity of any particular lobby-
ist,  POLITICAL  CONSULTANT,  or  client  whose  statement  or report is
selected for audit is unknown to the commission, its  staff  or  any  of
their agents prior to selection.
  (ii)  The  commission  shall develop protocols for the conduct of such
random audits. Such random audits may require the production  of  books,
papers, records or memoranda relevant and material to the preparation of
the  selected  statements or reports, for examination by the commission.
Any such protocols shall ensure that similarly  situated  statements  or
reports are audited in a uniform manner.
  (iii) The commission shall contract with an outside accounting entity,
which shall monitor the process pursuant to which the commission selects
statements  or reports for audit and carries out the provisions of para-
graphs (i) and (ii) of this subdivision and certifies that such  process
complies with the provisions of such paragraphs.
  (iv)  Upon  completion  of a random audit conducted in accordance with
the provisions of paragraphs (i), (ii) and (iii)  of  this  subdivision,
the  commission  shall  determine  whether  there is reasonable cause to

S. 6411                            64                            A. 9011

believe that any such statement or report is inaccurate  or  incomplete.
Upon  a  determination that such reasonable cause exists, the commission
may require the production  of  further  books,  records  or  memoranda,
subpoena witnesses, compel their attendance and testimony and administer
oaths  or  affirmations,  to  the  extent the commission determines such
actions are necessary to obtain information  relevant  and  material  to
investigating such inaccuracies or omissions;
  (c)  conduct hearings pursuant to article seven of the public officers
law. Any hearing may be conducted as a video  conference  in  accordance
with  the  provisions of subdivision four of section one hundred four of
the public officers law;
  (d) prepare uniform forms for the statements and reports  required  by
this article;
  (e)  meet at least once during each bi-monthly reporting period of the
year as established by subdivision (a) of section one-h of this  article
and  may  meet  at  such other times as the commission, or the chair and
vice-chair jointly, shall determine;
  (f) issue advisory opinions to  those  under  its  jurisdiction.  Such
advisory  opinions,  which  shall be published and made available to the
public, shall not be binding upon such commission except with respect to
the person to whom such opinion is rendered, provided, however,  that  a
subsequent  modification  by such commission of such an advisory opinion
shall operate prospectively only; and
  (g) submit by the first day of March next following the year for which
such report is made to the governor and the members of  the  legislature
an  annual  report summarizing the commission's work, listing the lobby-
ists, POLITICAL CONSULTANTS, and clients required to  register  pursuant
to  this  article and the expenses and compensation reported pursuant to
this article and making recommendations with respect  to  this  article.
The  commission  shall  make this report available free of charge to the
public.
  (h) provide an online ethics training course  for  individuals  regis-
tered  as  lobbyists AND POLITICAL CONSULTANTS pursuant to section one-e
of this article. The curriculum for the course shall include, but not be
limited to, explanations and discussions of the statutes and regulations
of New York concerning ethics in the public officers law,  the  election
law,  the  legislative  law,  summaries of advisory opinions, underlying
purposes and principles of the relevant laws, and examples of  practical
application  of  these laws and principles. The commission shall prepare
those methods and materials necessary to implement the curriculum.  Each
individual  registered  as a lobbyist OR A POLITICAL CONSULTANT pursuant
to section one-e of this article shall complete such training course  at
least once in any three-year period during which he or she is registered
as a lobbyist OR A POLITICAL CONSULTANT.
  S  3.  Section  1-e of the legislative law, as amended by section 1 of
part S of chapter 62 of the laws of 2003, subdivisions (a)  and  (c)  as
amended by chapter 1 of the laws of 2005, paragraph 1 of subdivision (c)
as amended by chapter 14 of the laws of 2007 and paragraph 8 of subdivi-
sion (c) as added by section 7-a of part A of chapter 399 of the laws of
2011, is amended to read as follows:
  S  1-e. Statement of registration. (a) (1) Every lobbyist OR POLITICAL
CONSULTANT shall annually file with the commission, on forms provided by
the commission, a statement of  registration  for  each  calendar  year;
provided,  however,  that  the  filing of such statement of registration
shall not be required of any lobbyist OR POLITICAL CONSULTANT who (i) in
any year does not expend, incur or receive an amount in  excess  of  two

S. 6411                            65                            A. 9011

thousand  dollars  for  years prior to two thousand six and in excess of
five thousand dollars in the year two thousand six and the years  there-
after  of reportable compensation and expenses, as provided in paragraph
five  of  subdivision  (b)  of  section  one-h  of this article, for the
purposes of lobbying OR POLITICAL CONSULTING  or  (ii)  is  an  officer,
director,  trustee or employee of any public corporation, when acting in
such official capacity; provided however, that nothing in  this  section
shall  be  construed to relieve any public corporation of the obligation
to file such statements and reports as required  by  this  article.  The
amounts  expended,  incurred, or received of reportable compensation and
expenses for  lobbying  OR  POLITICAL  CONSULTING  activities  shall  be
computed  cumulatively  for  all lobbying OR POLITICAL CONSULTING activ-
ities when determining whether the thresholds set forth in this  section
have been met.
  (2) (i) Through calendar year two thousand three, such filing shall be
completed  on  or  before  January  first by those persons who have been
retained, employed or designated  as  lobbyist  on  or  before  December
fifteenth  who  reasonably  anticipate that in the coming year they will
expend, incur or receive combined reportable compensation  and  expenses
in  an  amount  in  excess  of two thousand dollars; for those lobbyists
retained, employed or designated after December fifteenth, and for those
lobbyists who subsequent to their retainer,  employment  or  designation
reasonably  anticipate  combined reportable compensation and expenses in
excess of such amount, such filing must be completed within fifteen days
thereafter, but in no event later than ten days after the actual  incur-
ring or receiving of such reportable compensation and expenses.
  (ii)  For  calendar  year  two  thousand  four,  such filings shall be
completed on or before January first by  those  persons  who  have  been
retained,  employed  or  designated  as  lobbyist  on or before December
fifteenth, two thousand three who  reasonably  anticipate  that  in  the
coming  year  they  will  expend,  incur  or receive combined reportable
compensation and expenses  in  an  amount  in  excess  of  two  thousand
dollars;  for  those  lobbyists  retained,  employed or designated after
December fifteenth, two thousand three,  and  for  those  lobbyists  who
subsequent  to  their  retainer,  employment  or  designation reasonably
anticipate combined reportable compensation and expenses  in  excess  of
such amount, such filing must be completed within fifteen days thereaft-
er,  but  in  no event later than ten days after the actual incurring or
receiving of such reportable compensation and expenses.
  (3) Commencing calendar year two thousand five  and  thereafter  every
lobbyist  shall,  AND  COMMENCING  CALENDAR  YEAR TWO THOUSAND SEVENTEEN
EVERY POLITICAL CONSULTANT SHALL, biennially file with  the  commission,
on  forms  provided  by  the commission, a statement of registration for
each biennial period beginning with the first year of the biennial cycle
commencing calendar year two thousand five and thereafter FOR LOBBYISTS,
AND TWO THOUSAND SEVENTEEN FOR POLITICAL CONSULTANTS; provided, however,
that the biennial filing of such statement of registration shall not  be
required  of  any  lobbyist  OR POLITICAL CONSULTANT who (i) in any year
prior to calendar year two  thousand  six  does  not  expend,  incur  or
receive  an  amount  in  excess  of  two  thousand dollars of reportable
compensation and expenses, as provided in paragraph five of  subdivision
(b)  of  section  one-h of this article, for the purposes of lobbying OR
POLITICAL CONSULTING and commencing with calendar year two thousand  six
does  not  expend, incur or receive an amount in excess of five thousand
dollars of reportable compensation, as provided  in  paragraph  five  of
subdivision  (b)  of  section  one-h of this article for the purposes of

S. 6411                            66                            A. 9011

lobbying OR POLITICAL CONSULTING or (ii) is an officer, director,  trus-
tee  or employee of any public corporation, when acting in such official
capacity; provided however,  that  nothing  in  this  section  shall  be
construed  to  relieve  any public corporation of the obligation to file
such statements and reports as required by this article.
  (4) Such biennial filings shall be  completed  on  or  before  January
first  of the first year of a biennial cycle commencing in calendar year
two thousand five  and  thereafter,  by  those  persons  who  have  been
retained, employed or designated as A lobbyist OR A POLITICAL CONSULTANT
on  or  before  December fifteenth of the previous calendar year and who
reasonably anticipate that in the coming year they will expend, incur or
receive combined reportable compensation and expenses in  an  amount  in
excess of two thousand dollars in years prior to calendar year two thou-
sand  six  and five thousand dollars commencing in two thousand six; for
those lobbyists OR POLITICAL CONSULTANTS retained,  employed  or  desig-
nated  after the previous December fifteenth, and for those lobbyists OR
POLITICAL CONSULTANTS who subsequent to their  retainer,  employment  or
designation  reasonably  anticipate combined reportable compensation and
expenses in excess of such amount, such filing must be completed  within
fifteen  days  thereafter, but in no event later than ten days after the
actual incurring  or  receiving  of  such  reportable  compensation  and
expenses.
  (b)  (i)  Such  statements of registration shall be kept on file for a
period of three years for those filing periods where  annual  statements
are required, and shall be open to public inspection during such period;
(ii)  Biennial  statements  of  registration shall be kept on file for a
period of three biennial filing periods where  biennial  statements  are
required, and shall be open to public inspection during such period.
  (c) Such statement of registration shall contain:
  (1)  the  name,  address and telephone number of the lobbyist OR POLI-
TICAL CONSULTANT, and if the lobbyist  OR  POLITICAL  CONSULTANT  is  an
organization  the  names, addresses and telephone numbers of any officer
or employee of such lobbyist OR POLITICAL CONSULTANT who engages in  any
lobbying  OR  POLITICAL  CONSULTING  activities or who is employed in an
organization's division that engages in lobbying OR POLITICAL CONSULTING
activities of the organization;
  (2) the name, address and telephone number of the client by whom or on
whose behalf the lobbyist OR POLITICAL CONSULTANT is retained,  employed
or designated;
  (3)  if  such lobbyist OR POLITICAL CONSULTANT is retained or employed
pursuant to a written agreement of retainer or  employment,  a  copy  of
such  shall also be attached and if such retainer or employment is oral,
a statement of the substance thereof; such written retainer, or if it is
oral, a statement of the substance thereof, and any  amendment  thereto,
shall be retained for a period of three years;
  (4)  a  written  authorization from the client by whom the lobbyist OR
POLITICAL CONSULTANT is authorized to lobby OR CONSULT FOR, unless  such
lobbyist  OR  POLITICAL  CONSULTANT  has  filed  a  written agreement of
retainer or employment pursuant to paragraph three of this subdivision;
  (5) the following information on which the lobbyist expects  to  lobby
OR  THE  POLITICAL  CONSULTANT INTENDS TO CONSULT:  (i) a description of
the general subject or subjects, (ii) the legislative  bill  numbers  of
any bills, (iii) the numbers or subject matter (if there are no numbers)
of  gubernatorial  executive  orders  or  executive orders issued by the
chief executive officer of a municipality, (iv) the  subject  matter  of
and  tribes  involved in tribal-state compacts, memoranda of understand-

S. 6411                            67                            A. 9011

ing, or any other state-tribal agreements and any state actions  related
to class III gaming as provided in 25 U.S.C. S 2701, (v) the rule, regu-
lation,  and  ratemaking  numbers  of  any rules, regulations, rates, or
municipal ordinances and resolutions, or proposed rules, regulations, or
rates,  or  municipal  ordinances and resolutions, [and] (vi) the titles
and any identifying numbers of any procurement contracts and other docu-
ments disseminated by a state agency, either house of the state legisla-
ture, the unified court system, municipal agency  or  local  legislative
body in connection with a governmental procurement, AND (VII) THE ISSUES
AND/OR CAMPAIGNS FOR WHICH WORK IS CONTEMPLATED;
  (6)  the  name of the person, organization, or legislative body before
which the lobbyist is lobbying or expects to lobby OR THE  NAME  OF  THE
ELECTED OFFICIAL FOR WHOM THE POLITICAL CONSULTANT INTENDS TO CONSULT;
  (7)  if  the lobbyist OR POLITICAL CONSULTANT is retained, employed or
designated by more than one client, a separate statement of registration
shall be required for each such client.
  (8) (i) the name and public office address of  any  statewide  elected
official, state officer or employee, member of the legislature or legis-
lative  employee and entity with whom the lobbyist OR POLITICAL CONSULT-
ANT has a reportable business relationship;
  (ii) a description of the general subject or subjects  of  the  trans-
actions  between  the  lobbyist [or], lobbyists, POLITICAL CONSULTANT OR
POLITICAL CONSULTANTS and the statewide elected official, state  officer
or employee, member of the legislature or legislative employee and enti-
ty; and
  (iii)  the  compensation,  including  expenses, to be paid and paid by
virtue of the business relationship.
  (d) Any amendment to the information filed by the  lobbyist  OR  POLI-
TICAL  CONSULTANT  in  the  original  statement of registration shall be
submitted to the commission on forms supplied by the  commission  within
ten  days  after  such  amendment,  however,  this shall not require the
lobbyist OR POLITICAL CONSULTANT to amend the entire registration form.
  (e) (i) The first statement of registration  filed  annually  by  each
lobbyist OR POLITICAL CONSULTANT for calendar years through two thousand
three shall be accompanied by a registration fee of fifty dollars except
that  no  registration  fee shall be required of a public corporation. A
fee of fifty dollars shall be required for any subsequent  statement  of
registration filed by a lobbyist OR POLITICAL CONSULTANT during the same
calendar  year;  (ii) The first statement of registration filed annually
by each lobbyist OR POLITICAL CONSULTANT for calendar year two  thousand
four  shall  be accompanied by a registration fee of one hundred dollars
except that no registration fee shall be required from any  lobbyist  OR
POLITICAL  CONSULTANT  who in any year does not expend, incur or receive
an amount in excess of five thousand dollars of reportable  compensation
and  expenses,  as  provided  in  paragraph  five  of subdivision (b) of
section one-h of this article, for the purposes of  lobbying,  POLITICAL
CONSULTING  or  of  a  public  corporation. A fee of one hundred dollars
shall be required for any subsequent statement of registration filed  by
a  lobbyist  OR  A  POLITICAL  CONSULTANT during the same calendar year;
(iii) The first statement  of  registration  filed  biennially  by  each
lobbyist  OR  POLITICAL  CONSULTANT  for the first biennial registration
requirements for calendar years two thousand five and two  thousand  six
and  thereafter,  shall  be  accompanied  by  a  registration fee of two
hundred dollars except that no registration fee shall be  required  from
any  lobbyist  OR  POLITICAL CONSULTANT who in any year does not expend,
incur or receive an amount in excess of five thousand dollars of report-

S. 6411                            68                            A. 9011

able compensation and expenses, as provided in paragraph five of  subdi-
vision  (b) of section one-h of this article, for the purposes of lobby-
ing, POLITICAL CONSULTING or of a  public  corporation.  A  fee  of  two
hundred dollars shall be required for any subsequent statement of regis-
tration  filed  by  a lobbyist OR A POLITICAL CONSULTANT during the same
biennial period; (iv) The statement of registration filed after the  due
date  of  a biennial registration shall be accompanied by a registration
fee that is prorated to one hundred dollars for any  registration  filed
after  January first of the second calendar year covered by the biennial
reporting requirement. In  addition  to  the  fees  authorized  by  this
section,  the commission may impose a fee for late filing of a registra-
tion statement required  by  this  section  not  to  exceed  twenty-five
dollars  for  each  day that the statement required to be filed is late,
except that if the lobbyist OR POLITICAL CONSULTANT making a late filing
has not previously been required by statute to file  such  a  statement,
the  fee  for late filing shall not exceed ten dollars for each day that
the statement required to be filed is late.
  S 4. Section 1-g of the legislative law, as added by chapter 2 of  the
laws of 1999, is amended to read as follows:
  S  1-g.  Termination  of retainer, employment or designation. Upon the
termination of a lobbyist's OR POLITICAL CONSULTANT'S retainer,  employ-
ment  or  designation,  such  lobbyist  OR  POLITICAL CONSULTANT and the
client on whose behalf such service has been rendered  shall  both  give
written  notice  to the commission within thirty days after the lobbyist
OR POLITICAL CONSULTANT ceases the activity that required such  lobbyist
OR  POLITICAL  CONSULTANT  to file a statement of registration; however,
such lobbyist OR POLITICAL CONSULTANT shall nevertheless comply with the
bi-monthly reporting requirements up  to  the  date  such  activity  has
ceased as required by this article and both such parties shall each file
the  semi-annual  report  required by section one-j of this article. The
commission shall enter notice of such  termination  in  the  appropriate
monthly registration docket required by section one-f of this article.
  S  5. Section 1-h of the legislative law, as added by chapter 2 of the
laws of 1999, subdivision (a) and paragraph  3  of  subdivision  (b)  as
amended  by  chapter 14 of the laws of 2007, and paragraph 4 of subdivi-
sion (c) as added by section 1 of part B of chapter 399 of the  laws  of
2011, is amended to read as follows:
  S  1-h.  Bi-monthly reports of certain lobbyists OR POLITICAL CONSULT-
ANTS. (a) Any lobbyist OR POLITICAL CONSULTANT required to file a state-
ment of registration pursuant to section one-e of this  article  who  in
any  lobbying  OR  POLITICAL CONSULTING year reasonably anticipates that
during the year such lobbyist OR POLITICAL CONSULTANT will expend, incur
or receive combined reportable compensation and expenses in an amount in
excess of five thousand dollars, as provided in paragraph five of subdi-
vision (b) of this section, for the purpose  of  lobbying  OR  POLITICAL
CONSULTING,  shall file with the commission a bi-monthly written report,
on forms supplied by the commission, by the fifteenth day next  succeed-
ing  the  end of the reporting period in which the lobbyist OR POLITICAL
CONSULTANT was first required to file a statement of registration.  Such
reporting  periods  shall be the period of January first to the last day
of February, March first to April thirtieth, May first to  June  thirti-
eth, July first to August thirty-first, September first to October thir-
ty-first and November first to December thirty-first.
  (b) Such bi-monthly report shall contain:
  (1)  the  name,  address and telephone number of the lobbyist OR POLI-
TICAL CONSULTANT;

S. 6411                            69                            A. 9011

  (2) the name, address and telephone number of the client by whom or on
whose behalf the lobbyist OR POLITICAL CONSULTANT is retained,  employed
or designated;
  (3) the following information on which the lobbyist has lobbied OR THE
POLITICAL  CONSULTANT  HAS  CONSULTED:  (i) a description of the general
subject or subjects, (ii) the legislative bill  numbers  of  any  bills,
(iii)  the numbers or subject matter (if there are no numbers) of guber-
natorial executive orders or executive orders issued by the chief execu-
tive officer of a municipality, (iv) the subject matter  of  and  tribes
involved  in  tribal-state  compacts, memoranda of understanding, or any
other state-tribal agreements and any state actions related to class III
gaming as provided in 25 U.S.C. S 2701, (v) the  rule,  regulation,  and
ratemaking  or  municipal  ordinance or resolution numbers of any rules,
regulations, or rates or ordinance or proposed  rules,  regulations,  or
rates  or  municipal  ordinances or resolutions, and (vi) the titles and
any identifying numbers of any procurement contracts and other documents
disseminated by a state agency, either house of the  state  legislature,
the  unified court system, municipal agency or local legislative body in
connection with a governmental procurement;
  (4) the name of the person, organization, or legislative  body  before
which   the  lobbyist  has  lobbied  OR  THE  POLITICAL  CONSULTANT  HAS
CONSULTED;
  (5) (i) the compensation paid or owed to  the  lobbyist  OR  POLITICAL
CONSULTANT,  and  any  expenses  expended,  received  or incurred by the
lobbyist OR POLITICAL CONSULTANT for the purpose of  lobbying  OR  POLI-
TICAL CONSULTING.
  (ii)  expenses required to be reported pursuant to subparagraph (i) of
this paragraph shall be listed in the aggregate if seventy-five  dollars
or  less  and  if  more than seventy-five dollars such expenses shall be
detailed as to amount, to whom paid, and for  what  purpose;  and  where
such  expense  is  more  than  seventy-five dollars on behalf of any one
person, the name of such person shall be listed.
  (iii) for the purposes of this paragraph, expenses shall not include:
  (A) personal sustenance, lodging  and  travel  disbursements  of  such
lobbyist OR POLITICAL CONSULTANT;
  (B)  expenses, not in excess of five hundred dollars in any one calen-
dar year, directly incurred for the printing or other means  of  reprod-
uction or mailing of letters, memoranda or other written communications.
  (iv)  expenses  paid  or  incurred for salaries other than that of the
lobbyist OR POLITICAL CONSULTANT shall be listed in the aggregate.
  (v) expenses of more than fifty dollars shall  be  paid  by  check  or
substantiated  by receipts and such checks and receipts shall be kept on
file by the lobbyist OR POLITICAL  CONSULTANT  for  a  period  of  three
years.
  (c)  (1) All such bi-monthly reports shall be subject to review by the
commission.
  (2) Such bi-monthly reports shall be kept on file for three years  and
shall be open to public inspection during such time.
  (3)  In  addition  to  the filing fees authorized by this article, the
commission may impose a fee for  late  filing  of  a  bi-monthly  report
required  by this section not to exceed twenty-five dollars for each day
that the report required to be filed is late, except that if the  lobby-
ist OR POLITICAL CONSULTANT making a late filing has not previously been
required by statute to file such a report, the fee for late filing shall
not exceed ten dollars for each day that the report required to be filed
is late.

S. 6411                            70                            A. 9011

  (4)  Any  lobbyist  OR  POLITICAL  CONSULTANT  registered  pursuant to
section one-e of this article whose lobbying OR CONSULTING  activity  is
performed on its own behalf and not pursuant to retention by a client:
  (i)  that has spent over fifty thousand dollars for reportable compen-
sation and expenses for lobbying OR POLITICAL CONSULTING  either  during
the  calendar year, or during the twelve-month period, prior to the date
of this bi-monthly report, and
  (ii) at least three percent of whose  total  expenditures  during  the
same period were devoted to lobbying OR POLITICAL CONSULTING in New York
shall  report to the commission the names of each source of funding over
five thousand dollars from a single source that were used  to  fund  the
lobbying OR CONSULTING activities reported and the amounts received from
each identified source of funding.
  This disclosure shall not require disclosure of the sources of funding
whose  disclosure,  in  the determination of the commission based upon a
review of the relevant facts presented  by  the  reporting  lobbyist  OR
POLITICAL  CONSULTANT, may cause harm, threats, harassment, or reprisals
to the source or to individuals or property affiliated with the  source.
The  reporting  lobbyist  OR POLITICAL CONSULTANT may appeal the commis-
sion's determination and such appeal shall be heard by a judicial  hear-
ing  officer  who  is independent and not affiliated with or employed by
the commission, pursuant to regulations promulgated by  the  commission.
The  reporting lobbyist OR POLITICAL CONSULTANT shall not be required to
disclose the sources of funding that are  the  subject  of  such  appeal
pending final judgment on appeal.
  The disclosure shall not apply to:
  (i)  any  corporation  registered  pursuant  to article seven-A of the
executive law that is qualified as an exempt organization by the  United
States Department of the Treasury under I.R.C. S 501(c)(3);
  (ii)  any  corporation  registered  pursuant to article seven-A of the
executive law that is qualified as an exempt organization by the  United
States  Department  of  the  Treasury under I.R.C. S 501(c)(4) and whose
primary activities concern any area of public concern determined by  the
commission  to  create a substantial likelihood that application of this
disclosure requirement would  lead  to  harm,  threats,  harassment,  or
reprisals  to  a  source of funding or to individuals or property affil-
iated with such source, including but not limited to the area  of  civil
rights  and  civil liberties and any other area of public concern deter-
mined pursuant to regulations promulgated by the commission  to  form  a
proper  basis  for exemption on this basis from this disclosure require-
ment; or
  (iii) any governmental entity.
  The joint commission on public ethics shall promulgate regulations  to
implement these requirements.
  S  6.  Section  1-j of the legislative law, as amended by chapter 1 of
the laws of 2005, subdivision (a) as amended by chapter 14 of  the  laws
of  2007, paragraph 6 of subdivision (b) as added by section 7-b of part
A and paragraph 4 of subdivision (c) as added by section 2 of part B  of
chapter 399 of the laws of 2011, is amended to read as follows:
  S  1-j. Semi-annual reports. (a) Semi-annual reports shall be filed by
any client retaining, employing or designating a lobbyist  or  lobbyists
OR POLITICAL CONSULTANT OR CONSULTANTS, whether or not any such lobbyist
OR  POLITICAL  CONSULTANT  was  required to file a bi-monthly report, if
such client reasonably anticipates that during the year such client will
expend or incur an amount in excess of five thousand dollars of combined
reportable compensation and expenses, as provided in paragraph  five  of

S. 6411                            71                            A. 9011

subdivision  (c)  of this section, for the purposes of lobbying OR POLI-
TICAL CONSULTING.
  (b)  Such report shall be filed with the commission, on forms supplied
by the commission, by the fifteenth day of July of the year and  by  the
fifteenth  day  of January next following the year for which such report
is made and shall contain:
  (1) the name, address and telephone number of the client;
  (2) the name, address and telephone number of each lobbyist  OR  POLI-
TICAL CONSULTANT retained, employed or designated by such client;
  (3)  the  following  information  on  which each lobbyist OR POLITICAL
CONSULTANT retained, employed or designated by such client  has  lobbied
OR  CONSULTED, and on which such client has lobbied OR REQUIRED CONSULT-
ING: (i) a description of the general  subject  or  subjects,  (ii)  the
legislative  bill  numbers  of  any  bills, (iii) the numbers or subject
matter (if there are no numbers) of gubernatorial  executive  orders  or
executive  orders  issued  by  the  chief executive officer of a munici-
pality, (iv) the subject matter of and tribes involved  in  tribal-state
compacts,  memoranda  of understanding, or any other state-tribal agree-
ments and any state actions related to class III gaming as  provided  in
25  U.S.C.  2701,  (v) the rule, regulation, and ratemaking or municipal
resolution or ordinance numbers of any rules, regulations, or rates,  or
municipal  resolutions  or ordinances or proposed rules, regulations, or
rates, or municipal ordinances or resolutions and (vi)  the  titles  and
any identifying numbers of any procurement contracts and other documents
disseminated  by  a state agency, either house of the state legislature,
the unified court system, municipal agency or local legislative body  in
connection with a governmental procurement;
  (4)  the  name of the person, organization, or legislative body before
which such client has lobbied OR CONSULTED;
  (5) (i) the compensation paid or owed to each such lobbyist  OR  POLI-
TICAL CONSULTANT, and any other expenses paid or incurred by such client
for the purpose of lobbying OR POLITICAL CONSULTING.
  (ii) any expenses required to be reported pursuant to subparagraph (i)
of  this  paragraph  shall  be  listed  in the aggregate if seventy-five
dollars or less and if more  than  seventy-five  dollars  such  expenses
shall  be detailed as to amount, to whom paid, and for what purpose; and
where such expenses are more than seventy-five dollars on behalf of  any
one person, the name of such person shall be listed.
  (iii) for the purposes of this paragraph, expenses shall not include:
  (A)  personal  sustenance,  lodging  and  travel disbursements of such
lobbyist OR POLITICAL CONSULTANT and client;
  (B) expenses, not in excess of five hundred dollars, directly incurred
for the printing or other means of reproduction or mailing  of  letters,
memoranda or other written communications.
  (iv)  expenses  paid  or  incurred for salaries other than that of the
lobbyist OR POLITICAL CONSULTANT shall be listed in the aggregate.
  (v) expenses of more than fifty dollars  must  be  paid  by  check  or
substantiated  by receipts and such checks and receipts shall be kept on
file by such client for a period of three years.
  (6) (i) the name and public office address of  any  statewide  elected
official, state officer or employee, member of the legislature or legis-
lative  employee  and entity with whom the client of a lobbyist OR POLI-
TICAL CONSULTANT has a reportable business relationship;
  (ii) a description of the general subject or subjects  of  the  trans-
actions between the client of a lobbyist OR POLITICAL CONSULTANT and the

S. 6411                            72                            A. 9011

statewide  elected  official,  state  officer or employee, member of the
legislature or legislative employee and entity; and
  (iii)  the  compensation,  including  expenses, to be paid and paid by
virtue of the business relationship.
  (c) (1) All such semi-annual reports shall be subject to review by the
commission.
  (2) Such semi-annual reports shall be kept on file  for  a  period  of
three years and shall be open to public inspection during such period.
  (3) Each semi-annual report filed by a client pursuant to this section
shall  be  accompanied  by a filing fee of fifty dollars. In addition to
the filing fees authorized by this article, the commission may impose  a
fee for late filing of a semi-annual report required by this section not
to  exceed  twenty-five dollars for each day that the report required to
be filed is late, except that if the client making a late filing has not
previously been required by statute to file  an  annual  or  semi-annual
report,  the  fee  for late filing shall not exceed ten dollars for each
day that the report required to be filed is late.
  (4) Any client of a lobbyist OR POLITICAL CONSULTANT that is  required
to file a semi-annual report and:
  (i)  that has spent over fifty thousand dollars for reportable compen-
sation and expenses for lobbying OR POLITICAL CONSULTING  either  during
the  calendar year, or during the twelve-month period, prior to the date
of this semi-annual report, and
  (ii) at least three percent of whose  total  expenditures  during  the
same period were devoted to lobbying OR POLITICAL CONSULTING in New York
shall  report to the commission the names of each source of funding over
five thousand dollars from a single source that were used  to  fund  the
lobbying  OR  POLITICAL  CONSULTING  activities reported and the amounts
received from each identified source of funding.
  This disclosure shall not require disclosure of the sources of funding
whose disclosure, in the determination of the commission  based  upon  a
review of the relevant facts presented by the reporting client or lobby-
ist  OR  POLITICAL  CONSULTANT,  may cause harm, threats, harassment, or
reprisals to the source or to individuals or  property  affiliated  with
the  source.  The  reporting lobbyist OR POLITICAL CONSULTANT may appeal
the commission's determination and such appeal shall be heard by a judi-
cial hearing officer who is  independent  and  not  affiliated  with  or
employed  by  the commission, pursuant to regulations promulgated by the
commission. The reporting lobbyist OR POLITICAL CONSULTANT shall not  be
required to disclose the sources of funding that are the subject of such
appeal pending final judgment on appeal.  The disclosure shall not apply
to:
  (i)  any  corporation  registered  pursuant  to article seven-A of the
executive law that is qualified as an exempt organization by the  United
States Department of the Treasury under I.R.C. S 501(c)(3);
  (ii)  any  corporation  registered  pursuant to article seven-A of the
executive law that is qualified as an exempt organization by the  United
States  Department  of  the  Treasury under I.R.C. S 501(c)(4) and whose
primary activities concern any area of public concern determined by  the
commission  to  create a substantial likelihood that application of this
disclosure requirement would  lead  to  harm,  threats,  harassment,  or
reprisals  to  a  source of funding or to individuals or property affil-
iated with such source, including but not limited to the area  of  civil
rights  and  civil liberties and any other area of public concern deter-
mined pursuant to regulations promulgated by the commission  to  form  a

S. 6411                            73                            A. 9011

proper  basis  for exemption on this basis from this disclosure require-
ment; or
  (iii) any governmental entity.
  The  joint commission on public ethics shall promulgate regulations to
implement these requirements.
  S 7. The opening paragraph of subdivision (a) of section  1-k  of  the
legislative law, as amended by chapter 1 of the laws of 2005, is amended
to read as follows:
  No  client shall retain or employ any lobbyist OR POLITICAL CONSULTANT
for compensation, the rate or amount of which compensation in  whole  or
part is contingent or dependent upon:
  S  8.  Section  1-l of the legislative law , as added by chapter 14 of
the laws of 2007, is amended to read as follows:
  S 1-l. Reports of lobbying OR POLITICAL CONSULTING for the purpose  of
involving  disbursement  of public monies. (a) Any lobbyist OR POLITICAL
CONSULTANT required to file a  statement  of  registration  pursuant  to
section one-e of this article who in any lobbying year reasonably antic-
ipates  that during the year they will expend, incur or receive combined
reportable compensation and expenses in an  amount  in  excess  of  five
thousand  dollars  shall  file with the commission, on forms supplied by
the commission, a report of any attempts to influence a determination by
a public official, or by a person or entity working in cooperation  with
a  public  official, with respect to the solicitation, award or adminis-
tration of a grant, loan, or agreement  involving  the  disbursement  of
public monies in excess of fifteen thousand dollars other than a govern-
mental procurement as defined in section one-c of this article.
  (b)  Such public monies lobbying OR POLITICAL CONSULTING reports shall
contain:
  (i) the name, address and telephone number of the  lobbyist  OR  POLI-
TICAL  CONSULTANT  and the individuals employed by the lobbyist OR POLI-
TICAL CONSULTANT engaged in such public monies lobbying activities;
  (ii) the name, address and telephone number of the client by  whom  or
on  whose  behalf  the  lobbyist  OR  POLITICAL  CONSULTANT is retained,
employed or  designated  on  whose  behalf  the  lobbyist  OR  POLITICAL
CONSULTANT has engaged in lobbying reportable under this paragraph;
  (iii)  a  description  of  the grant, loan, or agreement involving the
disbursement of public monies on which the lobbyist has lobbied OR POLI-
TICAL CONSULTANT HAS CONSULTED;
  (iv) the name of the person, organization, or legislative body  before
which  the  lobbyist  OR POLITICAL CONSULTANT has engaged in lobbying OR
CONSULTING reportable under this paragraph; and
  (v) the compensation  paid  or  owed  to  the  lobbyist  OR  POLITICAL
CONSULTANT,  and  any  expenses  expended,  received  or incurred by the
lobbyist OR CONSULTANT for the purpose of lobbying reportable under this
paragraph.
  (c) Public monies lobbying OR CONSULTING reports required pursuant  to
this  section  shall be filed in accordance with the schedule applicable
to the filing of bi-monthly reports pursuant to section  one-h  of  this
article  and  shall  be  filed  not  later  than  the fifteenth day next
succeeding the end of such reporting period.
  (d) In addition to any other fees  authorized  by  this  section,  the
commission may impose a fee for late filing of a report required by this
subdivision  not  to  exceed  twenty-five  dollars for each day that the
report required to be filed is late, except  that  if  the  lobbyist  OR
CONSULTANT  making  a  late  filing  has not previously been required by

S. 6411                            74                            A. 9011

statute to file such a report, the fee for late filing shall not  exceed
ten dollars for each day that the report required to be filed is late.
  (e) All reports filed pursuant to this subdivision shall be subject to
review  by the commission. Such reports shall be kept in electronic form
by the commission and shall be available for public inspection.
  S 9.  Section 1-o of the legislative law, as added by  chapter  14  of
the laws of 2007, is amended to read as follows:
  S  1-o.  Penalties. (a) (i) Any lobbyist, POLITICAL CONSULTANT, public
corporation, or client who knowingly and wilfully fails to file timely a
report or statement required by this section or knowingly  and  wilfully
files false information or knowingly and wilfully violates section one-m
of this article shall be guilty of a class A misdemeanor; and
  (ii) any lobbyist, POLITICAL CONSULTANT, public corporation, or client
who  knowingly  and  wilfully fails to file timely a report or statement
required by this section or knowingly and wilfully files false  informa-
tion  or  knowingly and wilfully violates section one-m of this article,
after having previously been convicted in the preceding  five  years  of
the crime described in paragraph (i) of this subdivision, shall be guil-
ty  of  a class E felony. Any lobbyist OR POLITICAL CONSULTANT convicted
of or pleading guilty to a felony under the provisions of  this  section
may  be  barred  from acting as a lobbyist OR POLITICAL CONSULTANT for a
period of one year from the date of the conviction. For the purposes  of
this  subdivision,  the chief administrative officer of any organization
required to file a statement or report shall be the  person  responsible
for  making and filing such statement or report unless some other person
prior to the due date thereof has been duly designated to make and  file
such statement or report.
  (b)(i) A lobbyist, POLITICAL CONSULTANT, public corporation, or client
who  knowingly  and  wilfully fails to file a statement or report within
the time required for the filing of such report or knowingly and wilful-
ly violates section one-m of this article shall be subject  to  a  civil
penalty  for  each such failure or violation, in an amount not to exceed
the greater of twenty-five thousand dollars or three  times  the  amount
the   person  failed  to  report  properly  or  unlawfully  contributed,
expended, gave or received, to be assessed by the commission.
  (ii) A lobbyist, POLITICAL CONSULTANT, public corporation,  or  client
who  knowingly  and  wilfully files a false statement or report shall be
subject to a civil penalty, in an amount not to exceed  the  greater  of
fifty  thousand  dollars  or  five times the amount the person failed to
report properly, to be assessed by the commission.
  (iii)(A) A lobbyist, POLITICAL CONSULTANT or client who knowingly  and
wilfully  violates the provisions of subdivision one of section one-n of
this article shall be subject to a civil penalty not to exceed ten thou-
sand dollars for an initial violation.
  (B) If, after a lobbyist, POLITICAL  CONSULTANT  or  client  has  been
found to have violated subdivision one of section one-n of this article,
a  lobbyist,  POLITICAL  CONSULTANT  or  client  knowingly  and wilfully
violates the provisions of subdivision one  of  section  one-n  of  this
article  within  four  years  of  such  finding, the lobbyist, POLITICAL
CONSULTANT or client shall be subject to a civil penalty not  to  exceed
twenty-five thousand dollars.
  (iv)  Any  lobbyist, POLITICAL CONSULTANT or client that knowingly and
wilfully fails to file a statement or report within  the  time  required
for  the  filing  of  such  report, knowingly and wilfully files a false
statement or report, or knowingly and wilfully violates section one-m of
this article, after having been found by the commission to  have  [know-

S. 6411                            75                            A. 9011

ing]  KNOWINGLY  and wilfully committed such conduct or violation in the
preceding five years, may be subject to a determination that the  lobby-
ist,  POLITICAL  CONSULTANT  or  client  is  prohibited from engaging in
lobbying  activities, as that term is defined in paragraph (v) of subdi-
vision (c) of section one-c of this article, for a period of one year.
  (v) Any lobbyist, POLITICAL CONSULTANT or client  that  knowingly  and
wilfully engages in lobbying OR POLITICAL CONSULTING activities, as that
term  is defined in paragraph (v) of subdivision (c) of section one-c of
this article, during the period in which they are prohibited from engag-
ing in lobbying OR POLITICAL CONSULTING  activities,  as  that  term  is
defined  in  paragraph  (v)  of subdivision (c) of section one-c of this
article pursuant to this subdivision, may be subject to a  determination
that  the  lobbyist,  POLITICAL  CONSULTANT or client is prohibited from
engaging in lobbying OR POLITICAL CONSULTING activities, as that term is
defined in paragraph (v) of subdivision (c) of  section  one-c  of  this
article,  for  a  period  of up to four years, and shall be subject to a
civil penalty not to exceed fifty thousand dollars, plus a civil penalty
in an amount equal to five times the value of any gift, compensation  or
benefit received as a result of the violation.
  (vi)  A  lobbyist, POLITICAL CONSULTANT, public corporation, or client
who knowingly and wilfully fails to retain  their  records  pursuant  to
paragraph  three  of  subdivision  (c) of section one-e of this article,
subparagraph (v) of paragraph five of subdivision (b) of  section  one-h
of  this  article, or paragraph five of subdivision (b) of section one-j
of this article shall be subject to a civil penalty in an amount of  two
thousand dollars per violation to be assessed by the commission.
  (c)(i) Any assessment or order to debar shall be determined only after
a  hearing  at  which  the  party  shall  be entitled to appear, present
evidence and be heard. Any assessment or order to debar pursuant to this
section may only be imposed after the commission sends by certified  and
first-class  mail  written notice of intent to assess a penalty or order
to debar and the basis for the penalty or order to debar. Any assessment
may be recovered in an action brought by the attorney general.
  (ii) In assessing any fine or penalty pursuant to  this  section,  the
commission shall consider: (A) as a mitigating factor that the lobbyist,
POLITICAL  CONSULTANT,  public  corporation or client has not previously
been required to register, and (B) as an  aggravating  factor  that  the
lobbyist,  POLITICAL  CONSULTANT,  public  corporation or client has had
fines or penalties assessed against  it  in  the  past.  The  amount  of
compensation expended, incurred or received shall be a factor to consid-
er in determining a proportionate penalty.
  (iii) Any lobbyist, POLITICAL CONSULTANT, public corporation or client
who  receives  a  notice of intent to assess a penalty for knowingly and
wilfully failing to file a report or statement pursuant  to  subdivision
(b)  of  this  section and who has never previously received a notice of
intent to assess a penalty for failing to file  a  report  or  statement
required  under  this section shall be granted fifteen days within which
to file the statement of registration or report without being subject to
the fine or penalty set forth in subdivision (b) of this  section.  Upon
the  failure  of such lobbyist, POLITICAL CONSULTANT, public corporation
or client to file within such fifteen day period, such  lobbyist,  POLI-
TICAL  CONSULTANT,  public  corporation  or client shall be subject to a
fine or penalty pursuant to subdivision (b) of this section.
  (d) All moneys recovered by the attorney general or  received  by  the
commission  from  the  assessment  of civil penalties authorized by this
section shall be deposited to the general fund.

S. 6411                            76                            A. 9011

  S 10. Section 1-r of the legislative law, as added by chapter 2 of the
laws of 1999 and as relettered by chapter 1 of  the  laws  of  2005,  is
amended to read as follows:
  S  1-r.  Publication of statement on lobbying AND POLITICAL CONSULTING
regulations. The commission shall publish a statement  on  lobbying  AND
POLITICAL  CONSULTING regulations setting forth the requirements of this
article in a clear and brief manner. Such  statement  shall  contain  an
explanation  of  the registration and filing requirements and the penal-
ties for violation thereof, together with such other information as  the
commission  shall  determine, and copies thereof shall be made available
to the public at convenient locations throughout the state.
  S 11. Section 1-s of the legislative law, as added by chapter 2 of the
laws of 1999 and as relettered by chapter 1 of  the  laws  of  2005,  is
amended to read as follows:
  S  1-s.  Public  access to records; format of records and reports. The
commission shall make  information  furnished  by  lobbyists,  POLITICAL
CONSULTANTS,  and  clients  available  to  the public for inspection and
copying in electronic and paper  formats.  Access  to  such  information
shall  also  be  made  available  for  remote computer users through the
internet network.
  S 12. The section heading, the opening paragraph  of  subdivision  (a)
and  subdivisions  (c) and (d) of section 1-t of the legislative law, as
added by chapter 1 of the laws of 2005, are amended to read as follows:
  Advisory council on procurement lobbying AND POLITICAL CONSULTING.
  There is hereby established an advisory council on procurement  lobby-
ing  AND  POLITICAL  CONSULTING. The council shall be composed of eleven
members as follows:
  (c) The council shall provide advice to the commission with respect to
the implementation of the provisions of this article as such  provisions
pertain to procurement lobbying AND POLITICAL CONSULTING.
  (d)  The council shall annually report to the legislature any problems
in the  implementation  of  the  provisions  of  this  article  as  such
provisions  pertain  to  procurement  lobbying AND POLITICAL CONSULTING.
The council shall include in  the  report  any  recommended  changes  to
increase the effectiveness of that implementation.
  S  13. Section 14-100 of the election law is amended by adding two new
subdivisions 15 and 16 to read as follows:
  15.   "POLITICAL CONSULTING" MEANS  AND  INCLUDES  THE  PROVISION  FOR
COMPENSATION,  TO  ANY ELECTED STATE OR LOCAL PUBLIC OFFICIAL OF ADVICE,
SERVICES OR ASSISTANCE IN SECURING FUTURE STATE OR LOCAL  PUBLIC  OFFICE
INCLUDING,  BUT  NOT LIMITED TO, CAMPAIGN MANAGEMENT, FUNDRAISING ACTIV-
ITIES, PUBLIC RELATIONS OR MEDIA SERVICES, BUT SHALL EXCLUDE LEGAL  WORK
DIRECTLY RELATED TO LITIGATION OR LEGAL ADVICE WITH REGARD TO SECURING A
PLACE ON THE BALLOT, THE PETITIONING PROCESS, THE CONDUCT OF AN ELECTION
OR WHICH INVOLVES THIS CHAPTER.
  16.  "COMPENSATION"  MEANS  ANY  SALARY,  FEE, GIFT, PAYMENT, BENEFIT,
LOAN, ADVANCE OR ANY OTHER THING OF VALUE PAID, OWED, GIVEN OR PROMISED,
BUT SHALL NOT INCLUDE CONTRIBUTIONS REPORTABLE PURSUANT TO THIS ARTICLE.
  S 14. 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-

S. 6411                            77                            A. 9011

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,  and  if  the transferor, contributor or person is a political
committee; the name of and the political unit represented by the commit-
tee, 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.    FURTHERMORE, SUCH STATEMENTS SHALL INCLUDE A LIST OF ALL
PERSONS AND ORGANIZATIONS WHICH PROVIDED POLITICAL CONSULTING  SERVICES,
AND  THE  FAIR  MARKET  VALUE OF AND THE ACTUAL AMOUNT PAID TO EACH SUCH
PERSON AND  ORGANIZATION  FOR  THE  PROVISION  OF  POLITICAL  CONSULTING
SERVICES.  Any  statement  reporting  a loan shall have attached to it a
copy of the evidence of indebtedness. Expenditures in sums  under  fifty
dollars need not be specifically accounted for by separate items in said
statements,  and  receipts  and  contributions aggregating not more than
ninety-nine dollars, from any one contributor need not  be  specifically
accounted  for  by  separate items in said statements, provided however,
that such expenditures, receipts and contributions shall be  subject  to
the other provisions of section 14-118 of this article.
  S  15. Subdivision 1 of section 14-104 of the election law, as amended
by chapter 430 of the laws of 1997, is amended to read as follows:
  1. Any candidate for election to public office, or for nomination  for
public  office  at  a  contested  primary election or convention, or for
election to a party position at a primary election,  shall  file  state-
ments  sworn,  or subscribed and bearing a form notice that false state-
ments made therein are punishable as a class A misdemeanor  pursuant  to
section 210.45 of the penal law, at the times prescribed by this article
setting  forth the particulars specified by section 14-102 of this arti-
cle, as to all moneys or other valuable things, paid, given, expended or
promised by him OR HER to aid his OR HER own nomination or election,  or
to  promote  the  success  or  defeat of a political party, or to aid or
influence the nomination or election or the defeat of any  other  candi-
date to be voted for at the election or primary election or at a conven-
tion, including contributions to political committees, officers, members
or  agents  thereof, and transfers, receipts and contributions to him to
be used for any of the purposes above specified, or in lieu thereof, any
such candidate may file such a sworn statement at the first filing peri-
od, on a form prescribed by the  state  board  of  elections  that  such
candidate  has made no such expenditures and does not intend to make any
such expenditures, except through a political  committee  authorized  by
such  candidate  pursuant to this article.  FURTHERMORE, SUCH STATEMENTS
SHALL INCLUDE A LIST OF ALL PERSONS  AND  ORGANIZATIONS  WHICH  PROVIDED
POLITICAL  CONSULTING  SERVICES,  AND  THE  FAIR MARKET VALUE OF AND THE
ACTUAL AMOUNT  PAID  TO  EACH  SUCH  PERSON  AND  ORGANIZATION  FOR  THE
PROVISION  OF  POLITICAL  CONSULTING SERVICES. A committee authorized by
such a candidate may fulfill all of the filing requirements of this  act
on behalf of such candidate.
  S  16. Subparagraph (O) of paragraph (x) of subdivision (c) of section
1-c of the legislative law is REPEALED.

S. 6411                            78                            A. 9011

  S 17. Subdivision (u)  of  section  1-c  of  the  legislative  law  is
REPEALED.
  S  18.  This act shall take effect on the thirtieth day after it shall
have become a law.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through H of this act shall  be
as specifically set forth in the last section of such Parts.