S T A T E   O F   N E W   Y O R K
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                                 5752--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 2015
                               ___________

Introduced  by M. of A. KAVANAGH, GALEF -- read once and referred to the
  Committee on Governmental Operations -- recommitted to  the  Committee
  on  Governmental Operations in accordance with Assembly Rule 3, sec. 2
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN ACT to amend the legislative law and the election law, in relation to
  disclosures  required for lobbyists, and to amend the election law and
  the public officers law, in relation to campaign  funds  for  personal
  use

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

  Section 1.  This act shall be known and may be cited as the  "Lobbyist
Disclosure Campaign Fund Act".
  S  2.  Section  1-c  of the legislative law is amended by adding a new
subdivision (x) to read as follows:
  (X) THE TERM "FAMILY MEMBER" SHALL MEAN ANY OF THE FOLLOWING,  INCLUD-
ING  PARENTS,  STEPPARENTS,  SPOUSE,  DOMESTIC  PARTNERS,  GRANDPARENTS,
BROTHERS, SISTERS, UNCLES, AND AUNTS, WHETHER OF THE WHOLE BLOOD OR HALF
BLOOD OR BY OR THROUGH LEGAL SANCTION.
  S 3.  Paragraph 5 of subdivision (b) of section 1-h of the legislative
law is amended by adding two new subparagraphs (vi) and (vii) to read as
follows:
  (VI) THE CAMPAIGN CONTRIBUTIONS MADE, IN ANY FORM, TO ANY CAMPAIGN  OR
POLITICAL  COMMITTEE IN NEW YORK STATE BY THE CLIENT BY WHOM OR ON WHOSE
BEHALF THE LOBBYIST IS RETAINED, EMPLOYED OR DESIGNATED, BY  THE  LOBBY-
IST, AND BY ANY EMPLOYEES OF THE LOBBYIST.
  (VII)  THE  AMOUNT  OF  COMPENSATION  PAID AND THE NAMES OF ANY FAMILY
MEMBERS OF A PUBLIC OFFICIAL TO WHOM A LOBBYIST AND THE CLIENT  BY  WHOM
OR  ON WHOSE BEHALF THE LOBBYIST IS RETAINED, EMPLOYED OR DESIGNATED HAS
PAID COMPENSATION OF MORE THAN FIVE HUNDRED  DOLLARS  IN  THE  PRECEDING
CALENDAR YEAR FOR PERSONAL EMPLOYMENT OR PROFESSIONAL SERVICES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00241-03-6
              

A. 5752--A                          2

  S  4. Subdivision (b) of section 1-h of the legislative law is amended
by adding a new paragraph 6 to read as follows:
  (6) THE NAME, ADDRESS AND TELEPHONE NUMBER OF ANY PUBLIC OFFICIAL WITH
WHOM THE LOBBYIST HAS ANY BUSINESS RELATIONSHIP.
  S  5. Paragraph 5 of subdivision (b) of section 1-j of the legislative
law is amended by adding two new subparagraphs (vi) and (vii) to read as
follows:
   (VI) THE CAMPAIGN CONTRIBUTIONS MADE, IN ANY FORM, TO ANY CAMPAIGN OR
POLITICAL COMMITTEE IN NEW YORK STATE BY THE CLIENT BY WHOM OR ON  WHOSE
BEHALF  THE  LOBBYIST IS RETAINED, EMPLOYED OR DESIGNATED, BY THE LOBBY-
IST, AND BY ANY EMPLOYEES OF THE LOBBYIST.
  (VII) THE AMOUNT OF COMPENSATION PAID AND  THE  NAMES  OF  ANY  FAMILY
MEMBERS  OF  A PUBLIC OFFICIAL TO WHOM A LOBBYIST AND THE CLIENT BY WHOM
OR ON WHOSE BEHALF THE LOBBYIST IS RETAINED, EMPLOYED OR DESIGNATED  HAS
PAID  COMPENSATION  OF  MORE  THAN FIVE HUNDRED DOLLARS IN THE PRECEDING
CALENDAR YEAR FOR PERSONAL EMPLOYMENT OR PROFESSIONAL SERVICES.
  S 6. Subdivision (b) of section 1-j of the legislative law is  amended
by adding a new paragraph 7 to read as follows:
 (7)  THE NAME, ADDRESS AND TELEPHONE NUMBER OF ANY PUBLIC OFFICIAL WITH
WHOM THE LOBBYIST HAS ANY BUSINESS RELATIONSHIP.
  S 7. The election law is amended by adding three new sections  14-131,
14-132 and 14-133 to read as follows:
  S 14-131. LOBBYIST REPORTING AND CONTRIBUTION LIMITS.  1. DEFINITIONS.
THE FOLLOWING DEFINITIONS SHALL APPLY TO THIS SECTION:
  A. "AGENT" MEANS ANY PERSON ACTING AT THE DIRECTION OF OR ON BEHALF OF
AN INDIVIDUAL OR BUSINESS ENTITY;
  B.  "BUSINESS  ENTITY"  MEANS  A  BUSINESS  CORPORATION,  PROFESSIONAL
SERVICES CORPORATION, LIMITED LIABILITY  COMPANY,  PARTNERSHIP,  LIMITED
PARTNERSHIP,  BUSINESS  TRUST, ASSOCIATION OR ANY OTHER LEGAL COMMERCIAL
ENTITY ORGANIZED UNDER THE LAWS OF THIS STATE  OR  ANY  OTHER  STATE  OR
FOREIGN  JURISDICTION,  INCLUDING  ANY SUBSIDIARY DIRECTLY OR INDIRECTLY
CONTROLLED BY THE  BUSINESS  ENTITY,  AND  ANY  POLITICAL  ORGANIZATION,
INCLUDING  BUT NOT LIMITED TO ANY POLITICAL ORGANIZATION ORGANIZED UNDER
SECTION 527 OF THE INTERNAL REVENUE CODE, THAT IS DIRECTLY OR INDIRECTLY
CONTROLLED BY THE BUSINESS ENTITY;
  C. "IMMEDIATE FAMILY" MEANS ANY SPOUSE OR CHILD OF  AN  INDIVIDUAL  OR
ANY  FINANCIALLY  DEPENDENT  RELATIVES  WHO  RESIDE  IN THE INDIVIDUAL'S
HOUSEHOLD;
  D. "HOUSEKEEPING ACCOUNT" MEANS  AN  ACCOUNT  MAINTAINED  BY  A  PARTY
COMMITTEE  OR  CONSTITUTED COMMITTEE FROM WHICH EXPENDITURES ARE MADE TO
MAINTAIN A PERMANENT HEADQUARTERS AND STAFF AND CARRY ON ORDINARY  PARTY
ACTIVITIES WHICH ARE NOT FOR THE EXPRESS PURPOSE OF PROMOTING THE CANDI-
DACY OF SPECIFIC CANDIDATES;
  E.  "CANDIDATE  FOR  STATE OFFICE" MEANS A CANDIDATE FOR THE FOLLOWING
STATE OFFICES: GOVERNOR, LIEUTENANT GOVERNOR,  ATTORNEY  GENERAL,  COMP-
TROLLER, SENATOR, AND MEMBER OF THE ASSEMBLY;
  F.  "BEHESTED  PAYMENTS"  MEANS CONTRIBUTIONS OR PAYMENTS SOLICITED BY
STATE ELECTED OFFICIALS TO BE  USED  FOR  LEGISLATIVE,  GOVERNMENTAL  OR
CHARITABLE PURPOSES, BUT NOT CAMPAIGN PURPOSES; AND
  G.  "PERSONAL  BUSINESS  TRANSACTION"  MEANS TRANSACTIONS FOR SERVICES
OFFERED BY THE ELECTED OFFICIAL IN HIS OR  HER  CAPACITY  AS  A  PRIVATE
CITIZEN TO ANY MEMBER OF THE PUBLIC.
  2. THE FOLLOWING PERSONS AND BUSINESS ENTITIES WHO MAKE A CONTRIBUTION
TO  A CANDIDATE FOR STATE OFFICE, A POLITICAL COMMITTEE WORKING DIRECTLY
OR INDIRECTLY TO AID OR PARTICIPATE IN SUCH  CANDIDATE'S  NOMINATION  OR
ELECTION, A POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY SUCH CANDI-

A. 5752--A                          3

DATE,  OR  A  STATE OR LOCAL COMMITTEE OF A POLITICAL PARTY, INCLUDING A
HOUSEKEEPING ACCOUNT, SHALL FILE  REPORTS  AS  REQUIRED  BY  SUBDIVISION
THREE  OF  THIS  SECTION  WITH THE STATE BOARD OF ELECTIONS WITHIN SEVEN
CALENDAR DAYS AFTER THE DATE OF A CONTRIBUTION:
  A.  A  LOBBYIST REGISTERED UNDER SECTION ONE-E OF THE LEGISLATIVE LAW,
INCLUDING ANY PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS  ENTITY
THAT IS SO REGISTERED;
  B.  ANY  PERSON  WHO  OWNS  MORE THAN TEN PERCENT OF A BUSINESS ENTITY
DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION;
  C. ANY PERSON EMPLOYED BY AN ORGANIZATION, GROUP, OR  BUSINESS  ENTITY
DESCRIBED  IN PARAGRAPH A OF THIS SUBDIVISION WHO HOLDS A SENIOR MANAGE-
MENT POSITION AS DEFINED BY THE COMMISSION ON GOVERNMENTAL ETHICS;
  D. THE IMMEDIATE FAMILY MEMBER OF A PERSON WHO IS DESCRIBED  IN  PARA-
GRAPH A, B OR C OF THIS SUBDIVISION; OR
  E.  ANY  POLITICAL  COMMITTEE  ESTABLISHED  OR CONTROLLED BY A PERSON,
ORGANIZATION, GROUP OF PERSONS OR BUSINESS  ENTITY  DESCRIBED  IN  PARA-
GRAPHS A, B, C OR D OF THIS SUBDIVISION.
  3. THE BOARD OF ELECTIONS SHALL PRESCRIBE FORMS AND PROCEDURES FOR THE
REPORTING  REQUIRED IN SUBDIVISION TWO OF THIS SECTION WHICH, AT A MINI-
MUM, SHALL REQUIRE ELECTRONIC FILING OF THE FOLLOWING INFORMATION:
  A. THE NAME, ADDRESS, EMPLOYER AND NAME OF SPOUSE OF THE PERSON MAKING
THE CONTRIBUTION AND THE NAME OF THE SPOUSE'S EMPLOYER;
  B. THE NAME OF THE CANDIDATE, POLITICAL COMMITTEE, OR STATE  OR  LOCAL
COMMITTEE  OF  A  POLITICAL  PARTY,  INCLUDING  A  HOUSEKEEPING ACCOUNT,
RECEIVING THE CONTRIBUTION;
  C. THE AMOUNT AND DATE OF THE CONTRIBUTION; AND
  D. IF AN ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY IS  MAKING
THE CONTRIBUTION:
  (I)  THE NAMES AND BUSINESS ADDRESSES OF ALL PERSONS WHO OWN MORE THAN
TEN PERCENT OF THE ORGANIZATION, GROUP OR ENTITY; OR
  (II) THE NAMES AND BUSINESS ADDRESSES OF ALL PERSONS EMPLOYED  BY  THE
ORGANIZATION,  GROUP,  OR  BUSINESS  ENTITY WHO HOLD A SENIOR MANAGEMENT
POSITION AS DEFINED BY THE COMMISSION ON GOVERNMENTAL ETHICS.
  4. ELECTED OFFICIALS MUST  REPORT  ANY  BEHESTED  PAYMENTS  THEY  HAVE
SOLICITED  IF THEY TOTAL FIVE THOUSAND DOLLARS OR MORE PER CALENDAR YEAR
FROM A SINGLE SOURCE WITHIN THIRTY DAYS OF THE DATE THE BEHESTED PAYMENT
IS MADE ON FORMS PROSCRIBED BY THE COMMISSION ON GOVERNMENTAL ETHICS.
  5. THE BOARD OF ELECTIONS SHALL MAINTAIN COMPLETED FORMS  AND  REPORTS
DESCRIBED  IN SUBDIVISION TWO OF THIS SECTION FOR PUBLIC INSPECTION BOTH
AT THE BOARD OF ELECTIONS OFFICE AND  THROUGH  THE  BOARD  OF  ELECTIONS
ELECTRONIC FILING SYSTEM FOR CAMPAIGN FINANCE DISCLOSURE (EFS).
  6. IT SHALL BE UNLAWFUL FOR ANY PERSON, ORGANIZATION, GROUP OF PERSONS
OR  BUSINESS ENTITY DESCRIBED IN PARAGRAPHS A, B, C, D AND E OF SUBDIVI-
SION TWO OF THIS SECTION TO:
  A. MAKE CONTRIBUTIONS TO A CANDIDATE FOR  STATE  OFFICE,  A  POLITICAL
COMMITTEE  WORKING  DIRECTLY OR INDIRECTLY TO AID OR PARTICIPATE IN SUCH
CANDIDATE'S NOMINATION OR ELECTION, OR A POLITICAL COMMITTEE ESTABLISHED
OR CONTROLLED BY SUCH CANDIDATE THAT EXCEED THE  FOLLOWING  AMOUNTS  PER
ELECTION FOR THE FOLLOWING OFFICES:
  (I) GOVERNOR:  FIVE HUNDRED DOLLARS;
  (II) LIEUTENANT GOVERNOR:  FIVE HUNDRED DOLLARS;
  (III) ATTORNEY GENERAL:  FIVE HUNDRED DOLLARS;
  (IV) COMPTROLLER:  FIVE HUNDRED DOLLARS;
  (V) SENATOR: THREE HUNDRED FIFTY DOLLARS; AND
  (VI) MEMBER OF ASSEMBLY: TWO HUNDRED FIFTY DOLLARS;
  B. MAKE CONTRIBUTIONS TO:

A. 5752--A                          4

  (I)  POLITICAL  COMMITTEES  WORKING  DIRECTLY  OR INDIRECTLY TO AID OR
PARTICIPATE IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR THE OFFICES
DESCRIBED IN SUBPARAGRAPHS (I), (II), (III), (IV), (V) AND (VI) OF PARA-
GRAPH A OF THIS SUBDIVISION, OR OTHER POLITICAL  COMMITTEES  ESTABLISHED
OR  CONTROLLED BY A CANDIDATE FOR THE OFFICES DESCRIBED IN SUBPARAGRAPHS
(I), (II), (III), (IV), (V) AND (VI) OF PARAGRAPH A OF THIS SUBDIVISION,
THAT IN THE AGGREGATE EXCEED FOUR THOUSAND DOLLARS PER ELECTION; OR
  (II) STATE OR LOCAL COMMITTEES OF A POLITICAL  PARTY,  OR  ANY  HOUSE-
KEEPING  ACCOUNT,  IN  AN  AMOUNT  GREATER THAN ONE THOUSAND DOLLARS PER
ELECTION, AND IN AN AGGREGATE TO ALL STATE OR LOCAL COMMITTEES OF  POLI-
TICAL  PARTIES  IN  AN  AGGREGATE  THAT EXCEEDS TWO THOUSAND DOLLARS PER
ELECTION;
  C. TRANSMIT A CONTRIBUTION ON BEHALF  OF  ANOTHER  TO,  OR  SOLICIT  A
CONTRIBUTION ON BEHALF OF:
  (I)  A  CANDIDATE  FOR  ANY OF THE OFFICES FOR WHICH CONTRIBUTIONS ARE
LIMITED UNDER PARAGRAPH A OF THIS SUBDIVISION;
  (II) ANY POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID  OR
PARTICIPATE  IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR OFFICE FOR
WHICH THEIR CONTRIBUTIONS ARE LIMITED IN PARAGRAPH A  OF  THIS  SUBDIVI-
SION,  OR  ANY  OTHER POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY A
CANDIDATE FOR THE OFFICES FOR  WHICH  THEIR  CONTRIBUTIONS  ARE  LIMITED
UNDER PARAGRAPH A OF THIS SUBDIVISION;
  (III)  A  STATE  OR  LOCAL COMMITTEE OF A POLITICAL PARTY, INCLUDING A
HOUSEKEEPING ACCOUNT;
  D. PARTICIPATE IN ANY FUND-RAISING ACTIVITIES FOR:
  (I) A CANDIDATE FOR ANY OF THE OFFICES  FOR  WHICH  CONTRIBUTIONS  ARE
LIMITED UNDER PARAGRAPH A OF THIS SUBDIVISION;
  (II)  ANY POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID OR
PARTICIPATE IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR OFFICE  FOR
WHICH  THEIR  CONTRIBUTIONS  ARE LIMITED IN PARAGRAPH A OF THIS SUBDIVI-
SION, OR ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR  CONTROLLED  BY  A
CANDIDATE  FOR  THE  OFFICES  FOR  WHICH THEIR CONTRIBUTIONS ARE LIMITED
UNDER PARAGRAPH A OF THIS SUBDIVISION;
  (III) A STATE OR LOCAL COMMITTEE OF A  POLITICAL  PARTY,  INCLUDING  A
HOUSEKEEPING ACCOUNT;
  E. SERVE AS CHAIRPERSON, TREASURER, OR ANY OTHER OFFICER OF:
  (I)  ANY  POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID OR
PARTICIPATE IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR OFFICE  FOR
WHICH THEIR CONTRIBUTIONS ARE LIMITED UNDER PARAGRAPH A OF THIS SUBDIVI-
SION; OR
  (II)  ANY  OTHER  POLITICAL  COMMITTEE  ESTABLISHED OR CONTROLLED BY A
CANDIDATE FOR WHICH THEIR CONTRIBUTIONS ARE LIMITED UNDER PARAGRAPH A OF
THIS SUBDIVISION;
  F. CONDUCT PERSONAL BUSINESS TRANSACTIONS IN AN AMOUNT OVER TWO  THOU-
SAND  DOLLARS  IN  ANY  CALENDAR YEAR WITH A PUBLIC OFFICIAL HOLDING THE
OFFICES FOR WHICH THEIR CONTRIBUTIONS ARE LIMITED UNDER PARAGRAPH  A  OF
THIS SUBDIVISION;
  G.  DELIVER  TO ANY CONDUIT OR INTERMEDIARY ANY CONTRIBUTION EARMARKED
FOR A PARTICULAR CANDIDATE FOR THE OFFICES FOR WHICH THEIR CONTRIBUTIONS
ARE LIMITED UNDER PARAGRAPH A OF  THIS  SUBDIVISION,  OR  ANY  COMMITTEE
WORKING DIRECTLY OR INDIRECTLY TO AID OR PARTICIPATE IN SUCH CANDIDATE'S
NOMINATION  OR ELECTION, OR ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR
CONTROLLED BY SUCH CANDIDATE; OR
  H. KNOWINGLY TAKE OTHER STEPS TO CIRCUMVENT THE RESTRICTIONS  IN  THIS
SUBSECTION.

A. 5752--A                          5

  7.  NO CANDIDATE FOR STATE OFFICE, COMMITTEE WORKING DIRECTLY OR INDI-
RECTLY TO AID OR PARTICIPATE IN SUCH CANDIDATE'S NOMINATION OR ELECTION,
OR ANY OTHER POLITICAL  COMMITTEE  ESTABLISHED  OR  CONTROLLED  BY  SUCH
CANDIDATE  SHALL  ACCEPT  CONTRIBUTIONS  FROM  ANY PERSON, ORGANIZATION,
GROUP  OF  PERSONS, OR BUSINESS ENTITY DESCRIBED IN PARAGRAPH A, B, C, D
OR E OF SUBDIVISION TWO  OF  THIS  SECTION  THAT  EXCEED  THE  FOLLOWING
AMOUNTS PER ELECTION FOR THE FOLLOWING OFFICES:
  A. GOVERNOR:  FIVE HUNDRED DOLLARS;
  B. LIEUTENANT GOVERNOR:  FIVE HUNDRED DOLLARS;
  C. COMPTROLLER:  FIVE HUNDRED DOLLARS;
  D. ATTORNEY GENERAL:  FIVE HUNDRED DOLLARS;
  E. SENATOR: THREE HUNDRED FIFTY DOLLARS; AND
  F. MEMBER OF ASSEMBLY: TWO HUNDRED FIFTY DOLLARS.
  8.  NO STATE OR LOCAL POLITICAL PARTY COMMITTEES, INCLUDING ANY HOUSE-
KEEPING ACCOUNT, SHALL ACCEPT CONTRIBUTIONS IN AN  AMOUNT  GREATER  THAN
ONE  THOUSAND  DOLLARS PER ELECTION FROM ANY PERSON, ORGANIZATION, GROUP
OF PERSONS OR BUSINESS ENTITY DESCRIBED IN PARAGRAPH A, B, C, D OR E  OF
SUBDIVISION TWO OF THIS SECTION.
  9. NO PUBLIC OFFICIAL HOLDING ANY OF THE OFFICES LISTED IN PARAGRAPH A
OF SUBDIVISION SIX OF THIS SECTION SHALL CONDUCT PERSONAL BUSINESS TRAN-
SACTIONS  IN  AN  AMOUNT  OVER TWO THOUSAND DOLLARS IN ANY CALENDAR YEAR
WITH ANY PERSON, ORGANIZATION,  GROUP  OF  PERSONS  OR  BUSINESS  ENTITY
DESCRIBED  IN  PARAGRAPH  A,  B,  C,  D  OR E OF SUBDIVISION TWO OF THIS
SECTION.
  10. THIS SECTION SHALL NOT PROHIBIT  ANY  PERSON  FROM  INFORMING  ANY
OTHER PERSON OF A POSITION TAKEN BY A PUBLIC OFFICIAL OR A CANDIDATE FOR
PUBLIC OFFICE.
  11.  THE  PROVISIONS OF SUBDIVISIONS TWO AND SIX OF THIS SECTION SHALL
NOT APPLY TO THE CAMPAIGN OF ANY PERSON DESCRIBED IN PARAGRAPH A,  B,  C
OR  D  OF  SUBDIVISION TWO OF THIS SECTION WHO IS A CANDIDATE FOR ANY OF
THOSE OFFICES LISTED IN PARAGRAPH A OF SUBDIVISION SIX OF THIS SECTION.
  S 14-132. GOVERNMENT CONTRACTOR REPORTING AND CONTRIBUTION LIMITS.  1.
DEFINITIONS. THE FOLLOWING DEFINITIONS SHALL APPLY TO THIS SECTION:
  A. "AGENT" MEANS ANY PERSON ACTING AT THE DIRECTION OF OR ON BEHALF OF
AN INDIVIDUAL OR BUSINESS ENTITY;
  B.  "BUSINESS  ENTITY"  MEANS  A  BUSINESS  CORPORATION,  PROFESSIONAL
SERVICES  CORPORATION,  LIMITED  LIABILITY COMPANY, PARTNERSHIP, LIMITED
PARTNERSHIP, BUSINESS TRUST, ASSOCIATION OR ANY OTHER  LEGAL  COMMERCIAL
ENTITY  ORGANIZED  UNDER  THE  LAWS  OF THIS STATE OR ANY OTHER STATE OR
FOREIGN JURISDICTION, INCLUDING ANY SUBSIDIARY  DIRECTLY  OR  INDIRECTLY
CONTROLLED  BY  THE  BUSINESS  ENTITY,  AND  ANY POLITICAL ORGANIZATION,
INCLUDING BUT NOT LIMITED TO ANY POLITICAL ORGANIZATION ORGANIZED  UNDER
SECTION 527 OF THE INTERNAL REVENUE CODE, THAT IS DIRECTLY OR INDIRECTLY
CONTROLLED BY THE BUSINESS ENTITY;
  C.  "IMMEDIATE  FAMILY"  MEANS ANY SPOUSE OR CHILD OF AN INDIVIDUAL OR
ANY FINANCIALLY DEPENDENT  RELATIVES  WHO  RESIDE  IN  THE  INDIVIDUAL'S
HOUSEHOLD;
  D.  "HOUSEKEEPING  ACCOUNT"  MEANS  AN  ACCOUNT  MAINTAINED BY A PARTY
COMMITTEE OR CONSTITUTED COMMITTEE FROM WHICH EXPENDITURES ARE  MADE  TO
MAINTAIN  A PERMANENT HEADQUARTERS AND STAFF AND CARRY ON ORDINARY PARTY
ACTIVITIES WHICH ARE NOT FOR THE EXPRESS PURPOSE OF PROMOTING THE CANDI-
DACY OF SPECIFIC CANDIDATES;
  E. "CANDIDATE FOR STATE OFFICE" MEANS A CANDIDATE  FOR  THE  FOLLOWING
STATE  OFFICES:  GOVERNOR,  LIEUTENANT GOVERNOR, ATTORNEY GENERAL, COMP-
TROLLER, SENATOR, AND MEMBER OF THE ASSEMBLY; AND

A. 5752--A                          6

  F. "PERSONAL BUSINESS TRANSACTION"  MEANS  TRANSACTIONS  FOR  SERVICES
OFFERED  BY  THE  ELECTED  OFFICIAL  IN HIS OR HER CAPACITY AS A PRIVATE
CITIZEN TO ANY MEMBER OF THE PUBLIC.
  2. THE FOLLOWING PERSONS AND BUSINESS ENTITIES WHO MAKE A CONTRIBUTION
TO  A CANDIDATE FOR STATE OFFICE, A POLITICAL COMMITTEE WORKING DIRECTLY
OR INDIRECTLY TO AID OR PARTICIPATE IN SUCH  CANDIDATE'S  NOMINATION  OR
ELECTION, A POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY SUCH CANDI-
DATE,  OR  A  STATE OR LOCAL COMMITTEE OF A POLITICAL PARTY, INCLUDING A
HOUSEKEEPING ACCOUNT, SHALL FILE  REPORTS  AS  REQUIRED  BY  SUBDIVISION
THREE  OF THIS SECTION WITH THE BOARD OF ELECTIONS WITHIN SEVEN CALENDAR
DAYS AFTER THE DATE OF A CONTRIBUTION MADE WITHIN THIRTY-SIX DAYS OF  AN
ELECTION,   OR,  FOR  CONTRIBUTIONS  MADE  AT  ANY  OTHER  TIME,  WITHIN
THIRTY-SIX DAYS OF THE DATE OF THE  CONTRIBUTION  OR  THE  DATE  OF  ANY
APPLICABLE CONTRACT, WHICHEVER OCCURS LATER:
  A. ANY PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY THAT
HAS  RECEIVED, IN A CALENDAR YEAR FIFTY THOUSAND DOLLARS OR MORE THROUGH
CONTRACTS FROM THE STATE OR ANY STATE-APPOINTED ENTITY WITH  CONTRACTING
POWER;
  B. ANY PERSON WHO OWNS MORE THAN TEN PERCENT OF A BUSINESS ENTITY THAT
IS DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION;
  C.  ANY  PERSON EMPLOYED BY AN ORGANIZATION, GROUP, OR BUSINESS ENTITY
DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION WHO HOLDS A SENIOR  MANAGE-
MENT POSITION AS DEFINED BY THE STATE ETHICS COMMISSION;
  D.  THE  IMMEDIATE FAMILY MEMBER OF A PERSON WHO IS DESCRIBED IN PARA-
GRAPH A, B OR C OF THIS SUBDIVISION; OR
  E. ANY POLITICAL COMMITTEE ESTABLISHED  OR  CONTROLLED  BY  A  PERSON,
ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY DESCRIBED IN PARAGRAPH
A, B, C AND D OF THIS SUBDIVISION.
  3. THE BOARD OF ELECTIONS SHALL PRESCRIBE FORMS AND PROCEDURES FOR THE
REPORTING  REQUIRED IN SUBDIVISION TWO OF THIS SECTION WHICH, AT A MINI-
MUM, SHALL REQUIRE THE ELECTRONIC FILING OF THE FOLLOWING INFORMATION:
  A. THE NAME, ADDRESS, EMPLOYER AND THE NAME OF SPOUSE  OF  THE  PERSON
MAKING THE CONTRIBUTION AND THE NAME OF THE SPOUSE'S EMPLOYER;
  B.  THE  NAME OF THE CANDIDATE, POLITICAL COMMITTEE, OR STATE OR LOCAL
COMMITTEE OF  A  POLITICAL  PARTY,  INCLUDING  A  HOUSEKEEPING  ACCOUNT,
RECEIVING THE CONTRIBUTION;
  C.  THE  AMOUNT OF THE CONTRACT WITH THE STATE OR OTHER ENTITY DEFINED
IN PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION,  AND  THE  DATES  AND
OTHER INFORMATION IDENTIFYING EACH CONTRACT FOR SERVICES OR GOODS; AND
  D.  IF AN ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY IS MAKING
THE CONTRIBUTION:
  (I) THE NAMES AND BUSINESS ADDRESSES OF ALL PERSONS WHO OWN MORE  THAN
TEN PERCENT OF THE ORGANIZATION, GROUP OR ENTITY; OR
  (II)  THE  NAMES AND BUSINESS ADDRESSES OF ALL PERSONS EMPLOYED BY THE
ORGANIZATION, GROUP, OR BUSINESS ENTITY WHO  HOLD  A  SENIOR  MANAGEMENT
POSITION AS DEFINED BY THE COMMISSION ON GOVERNMENTAL ETHICS.
  4.  THE  BOARD OF ELECTIONS SHALL MAINTAIN COMPLETED FORMS AND REPORTS
DESCRIBED IN SUBDIVISION TWO OF THIS SECTION FOR PUBLIC INSPECTION  BOTH
AT  THE  BOARD  OF  ELECTIONS  OFFICE AND THROUGH THE BOARD OF ELECTIONS
ELECTRONIC FILING SYSTEM FOR CAMPAIGN FINANCE DISCLOSURE (EFS).
  5. FROM TWELVE MONTHS AFTER A BID OR PROPOSAL TO THE  RELEVANT  AGENCY
OR  CONTRACTING AUTHORITY FOR A CONTRACT DESCRIBED IN SUBDIVISION TWO OF
THIS SECTION AND EITHER TWELVE MONTHS AFTER COMPLETION OF THE APPLICABLE
CONTRACT, OR UPON COMPLETION OF THE APPLICABLE ELECTED  OFFICIAL'S  TERM
IN  OFFICE,  WHICHEVER  IS  LONGER, IT SHALL BE UNLAWFUL FOR ANY PERSON,

A. 5752--A                          7

ORGANIZATION, GROUP OF PERSONS OR BUSINESS  ENTITY  DESCRIBED  IN  PARA-
GRAPHS A, B, C AND D OR E OF SUBDIVISION TWO OF THIS SECTION TO:
  A.  MAKE  CONTRIBUTIONS TO A CANDIDATE FOR STATE OFFICE, ANY POLITICAL
COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID OR PARTICIPATE  IN  SUCH
CANDIDATE'S  NOMINATION  OR  ELECTION,  OR ANY OTHER POLITICAL COMMITTEE
ESTABLISHED OR CONTROLLED BY SUCH CANDIDATE THAT  EXCEED  THE  FOLLOWING
AMOUNTS PER ELECTION FOR THE FOLLOWING OFFICES:
  (I) GOVERNOR: FIVE HUNDRED DOLLARS;
  (II) LIEUTENANT GOVERNOR: FIVE HUNDRED DOLLARS;
  (III) COMPTROLLER: FIVE HUNDRED DOLLARS;
  (IV) ATTORNEY GENERAL: FIVE HUNDRED DOLLARS;
  (V) SENATOR: THREE HUNDRED FIFTY DOLLARS; OR
  (VI) MEMBER OF ASSEMBLY: TWO HUNDRED FIFTY DOLLARS;
  B. MAKE CONTRIBUTIONS TO:
  (I)  POLITICAL  COMMITTEES  WORKING  DIRECTLY  OR INDIRECTLY TO AID OR
PARTICIPATE IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR THE OFFICES
DESCRIBED IN SUBPARAGRAPHS (I), (II), (III), (IV), (V) AND (VI) OF PARA-
GRAPH A OF THIS SUBDIVISION, OR OTHER POLITICAL  COMMITTEES  ESTABLISHED
OR  CONTROLLED BY A CANDIDATE FOR THE OFFICES DESCRIBED IN SUBPARAGRAPHS
(I), (II), (III), (IV), (V) AND (VI) OF PARAGRAPH A OF THIS  SUBDIVISION
THAT IN THE AGGREGATE EXCEED FOUR THOUSAND DOLLARS PER ELECTION; OR
  (II)  STATE  OR  LOCAL  COMMITTEES OF A POLITICAL PARTY, OR ANY HOUSE-
KEEPING ACCOUNT, IN AN AMOUNT GREATER  THAN  ONE  THOUSAND  DOLLARS  PER
ELECTION,  AND IN AN AGGREGATE TO ALL STATE OR LOCAL COMMITTEES OF POLI-
TICAL PARTIES IN AN AGGREGATE THAT  EXCEEDS  TWO  THOUSAND  DOLLARS  PER
ELECTION;
  C.  SOLICIT A CONTRIBUTION ON BEHALF OF, OR TRANSMIT A CONTRIBUTION ON
BEHALF OF ANOTHER TO:
  (I) A CANDIDATE FOR ANY OF THE OFFICES  FOR  WHICH  CONTRIBUTIONS  ARE
LIMITED UNDER PARAGRAPH A OF THIS SUBDIVISION;
  (II)  ANY POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID OR
PARTICIPATE IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR OFFICE  FOR
WHICH  THEIR  CONTRIBUTIONS  ARE LIMITED IN PARAGRAPH A OF THIS SUBDIVI-
SION, OR ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR  CONTROLLED  BY  A
CANDIDATE  FOR  THE  OFFICES  FOR  WHICH THEIR CONTRIBUTIONS ARE LIMITED
UNDER PARAGRAPH A OF THIS SUBDIVISION;
  (III) A STATE OR LOCAL COMMITTEE OF  A  POLITICAL  PARTY  INCLUDING  A
HOUSEKEEPING ACCOUNT;
  D. PARTICIPATE IN ANY FUND-RAISING ACTIVITIES FOR:
  (I)  A  CANDIDATE  FOR  ANY OF THE OFFICES FOR WHICH CONTRIBUTIONS ARE
LIMITED UNDER PARAGRAPH A OF THIS SUBDIVISION;
  (II) ANY POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID  OR
PARTICIPATE  IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR OFFICE FOR
WHICH THEIR CONTRIBUTIONS ARE LIMITED IN PARAGRAPH A  OF  THIS  SUBDIVI-
SION,  OR  ANY  OTHER POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY A
CANDIDATE FOR THE OFFICES FOR  WHICH  THEIR  CONTRIBUTIONS  ARE  LIMITED
UNDER PARAGRAPH A OF THIS SUBDIVISION;
  (III)  A  STATE  OR  LOCAL COMMITTEE OF A POLITICAL PARTY, INCLUDING A
HOUSEKEEPING ACCOUNT;
  E. SERVE AS CHAIRPERSON, TREASURER, OR ANY OTHER OFFICER OF:
  (I) ANY POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO  AID  OR
PARTICIPATE  IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR OFFICE FOR
WHICH THEIR CONTRIBUTIONS ARE LIMITED UNDER PARAGRAPH A OF THIS SUBDIVI-
SION; OR

A. 5752--A                          8

  (II) ANY OTHER POLITICAL COMMITTEE  ESTABLISHED  OR  CONTROLLED  BY  A
CANDIDATE FOR WHICH THEIR CONTRIBUTIONS ARE LIMITED UNDER PARAGRAPH A OF
THIS SUBDIVISION;
  F.  CONDUCT PERSONAL BUSINESS TRANSACTIONS IN AN AMOUNT OVER TWO THOU-
SAND DOLLARS IN ANY CALENDAR YEAR WITH A  PUBLIC  OFFICIAL  HOLDING  THE
OFFICES  FOR  WHICH THEIR CONTRIBUTIONS ARE LIMITED UNDER PARAGRAPH A OF
THIS SUBDIVISION;
  G. DELIVER TO ANY CONDUIT OR INTERMEDIARY ANY  CONTRIBUTION  EARMARKED
FOR A PARTICULAR CANDIDATE FOR THE OFFICES FOR WHICH THEIR CONTRIBUTIONS
ARE  LIMITED  UNDER  PARAGRAPH  A  OF THIS SUBDIVISION, OR ANY COMMITTEE
WORKING DIRECTLY OR INDIRECTLY TO AID OR PARTICIPATE IN SUCH CANDIDATE'S
NOMINATION OR ELECTION, OR ANY OTHER POLITICAL COMMITTEE ESTABLISHED  OR
CONTROLLED BY SUCH CANDIDATE; OR
  H.  KNOWINGLY  TAKE  ANY  STEP  TO CIRCUMVENT THE RESTRICTIONS IN THIS
SUBDIVISION.
  I. THE PROVISIONS OF THIS SECTION SHALL NOT  APPLY  FOR  A  CONTRACTOR
MAKING  A CONTRIBUTION, OR ANY DISCLOSURE THEREOF REQUIRED BY THIS ARTI-
CLE, IN ANY CALENDAR  YEAR  IN  WHICH  SUCH  CONTRACTOR  RECEIVES  FUNDS
DISBURSED  BY  THE  STATE  OR  ANY INSTRUMENTALITY THEREOF PURSUANT TO A
FEDERAL STATUTE, RULE OR REGULATION THAT WOULD RENDER THE STATE OR  SUCH
INSTRUMENTALITY OR CONTRACTOR INELIGIBLE TO RECEIVE SUCH FUNDS BY VIRTUE
OF THE OPERATION OF THIS SECTION.
  THIS  SUBDIVISION SHALL NOT BE APPLICABLE TO CONTRIBUTIONS MADE BY ANY
PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY AT A TIME WHEN
THE PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS  ENTITY  DID  NOT
MEET  THE DESCRIPTIONS OF PARAGRAPHS A, B, C, D AND E OF SUBDIVISION TWO
OF THIS SECTION.
  6. THE STATE OR ANY STATE DEPARTMENT, PUBLIC ENTITY OR AUTHORITY  WITH
CONTRACT-MAKING  POWER  SHALL  NOT  ENTER INTO AN AGREEMENT OR OTHERWISE
CONTRACT TO PROCURE SERVICES OR ANY MATERIAL, SUPPLIES OR EQUIPMENT,  OR
TO  ACQUIRE, SELL, OR LEASE ANY LAND OR BUILDING FROM ANY PERSON, ORGAN-
IZATION, GROUP OF PERSONS OR BUSINESS ENTITY DESCRIBED IN PARAGRAPHS  A,
B,  C  AND  D OF SUBDIVISION TWO OF THIS SECTION WHO HAS MADE A CONTRIB-
UTION PROHIBITED IN SUBDIVISION FIVE OF THIS SECTION.  THIS  SUBDIVISION
SHALL  NOT  BE APPLICABLE TO CONTRIBUTIONS MADE BY ANY PERSON, ORGANIZA-
TION, GROUP OF PERSONS OR BUSINESS ENTITY AT A  TIME  WHEN  THE  PERSON,
ORGANIZATION,  GROUP  OF  PERSONS  OR  BUSINESS  ENTITY DID NOT MEET THE
DESCRIPTIONS OF PARAGRAPH A, B, C, D OR E OF  SUBDIVISION  TWO  OF  THIS
SECTION.  NOTHING IN THIS SECTION SHALL IMPAIR THE POWER OF THE STATE OR
ANY INSTRUMENTALITY THEREOF TO ENTER INTO A CONTRACT WITH ANY CONTRACTOR
WHERE  FEDERAL  FUNDS  WOULD  SUPPORT THE PAYMENT OR PERFORMANCE OF SUCH
CONTRACT AND A FEDERAL STATUTE, RULE  OR  REGULATION  WOULD  RENDER  THE
STATE  OR  SUCH INSTRUMENTALITY OR CONTRACTOR INELIGIBLE TO RECEIVE SUCH
FUNDS BY VIRTUE OF THE OPERATION OF THIS SECTION.
  7. EVERY CONTRACT AND BID APPLICATION AND  SPECIFICATIONS  PROMULGATED
BY  THE  STATE  OR ANY STATE DEPARTMENT, PUBLIC ENTITY OR AUTHORITY WITH
CONTRACT-MAKING POWER SHALL CONTAIN A PROVISION DESCRIBING THE  REQUIRE-
MENTS OF SECTION 14-116 OF THIS ARTICLE.
  8. BEFORE ENTERING INTO ANY AGREEMENT OR ANY OTHER CONTRACT TO PROCURE
FROM  ANY  PERSON,  ORGANIZATION,  GROUP  OF  PERSONS OR BUSINESS ENTITY
SERVICES OR ANY MATERIAL, SUPPLIES OR EQUIPMENT, OR TO ACQUIRE, SELL, OR
LEASE ANY LAND OR BUILDING, THE STATE OR ANY  STATE  DEPARTMENT,  PUBLIC
ENTITY  OR  AUTHORITY  WITH  CONTRACT-MAKING POWER SHALL RECEIVE A SWORN
STATEMENT FROM THE CONTRACTOR, MADE UNDER PENALTY OF PERJURY,  THAT  THE
BIDDER  OR  OFFERER  HAS  NOT  MADE  A CONTRIBUTION IN VIOLATION OF THIS
SECTION.

A. 5752--A                          9

  9. NO CANDIDATE FOR STATE OFFICE SHALL ACCEPT  CAMPAIGN  CONTRIBUTIONS
FROM  A  PERSON,  ORGANIZATION,  GROUP  OF  PERSONS  OR  BUSINESS ENTITY
DESCRIBED IN PARAGRAPH A, B, C, D  OR  E  OF  SUBDIVISION  TWO  OF  THIS
SECTION  IN AN AMOUNT EXCEEDING THOSE PERMITTED IN PARAGRAPH A OF SUBDI-
VISION  FIVE  OF  THIS SECTION FOR TWELVE MONTHS AFTER COMPLETION OF THE
APPLICABLE CONTRACT, OR THE REMAINDER OF THE CANDIDATE'S TERM IN OFFICE,
WHICHEVER IS LONGER.   THIS  SUBDIVISION  SHALL  NOT  BE  APPLICABLE  TO
CONTRIBUTIONS  MADE  BY  ANY  PERSON,  ORGANIZATION, GROUP OF PERSONS OR
BUSINESS ENTITY AT A  TIME  WHEN  THE  PERSON,  ORGANIZATION,  GROUP  OF
PERSONS OR BUSINESS ENTITY DID NOT MEET THE DESCRIPTIONS OF PARAGRAPH A,
B, C, D OR E OF SUBDIVISION TWO OF THIS SECTION.
  10.  NO PUBLIC OFFICIAL HOLDING ANY OF THE OFFICES LISTED IN PARAGRAPH
A OF SUBDIVISION FIVE OF THIS SECTION SHALL  CONDUCT  PERSONAL  BUSINESS
TRANSACTIONS IN AN AMOUNT OVER TWO THOUSAND DOLLARS IN ANY CALENDAR YEAR
WITH  ANY  PERSON,  ORGANIZATION,  GROUP  OF  PERSONS OR BUSINESS ENTITY
DESCRIBED IN PARAGRAPHS A, B,  C  AND  D  OF  SUBDIVISION  TWO  OF  THIS
SECTION.
  11.  THIS  SECTION  SHALL  NOT  PROHIBIT ANY PERSON FROM INFORMING ANY
OTHER PERSON OF A POSITION TAKEN BY A PUBLIC OFFICIAL OR A CANDIDATE FOR
PUBLIC OFFICE.
  12. THE PROVISIONS OF SUBDIVISIONS TWO AND FIVE OF THIS SECTION  SHALL
NOT  APPLY  TO THE CAMPAIGN OF ANY PERSON DESCRIBED IN PARAGRAPH A, B, C
OR D OF SUBDIVISION TWO OF THIS SECTION WHO IS A CANDIDATE  FOR  ANY  OF
THOSE OFFICES LISTED IN PARAGRAPH A OF SUBDIVISION FIVE OF THIS SECTION.
  S  14-133.  COMMISSIONING  AUTHORITIES AND LICENSING AUTHORITIES.  THE
FOLLOWING PERSONS SHALL NOT BE APPOINTED TO  A  STATE  PUBLIC  BOARD  OR
COMMISSION  WHICH  HAS  THE  AUTHORITY  TO  AWARD  OR  AUDIT  ANY PUBLIC
CONTRACT:
  1. A LOBBYIST REGISTERED UNDER SECTION ONE-E OF THE LEGISLATIVE LAW;
  2. ANY PERSON OR BUSINESS ENTITY WHO, IN THE PREVIOUS TWO  YEARS,  HAS
RECEIVED  FIFTY  THOUSAND  DOLLARS OR MORE THROUGH ONE OR MORE CONTRACTS
FROM THE STATE OR ANY STATE-APPOINTED ENTITY WITH CONTRACTING POWER;
  3. ANY PERSON WHO OWNS MORE THAN TEN PERCENT OF A BUSINESS ENTITY THAT
IS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION;
  4. ANY PERSON EMPLOYED BY AN ORGANIZATION, GROUP, OR  BUSINESS  ENTITY
DESCRIBED  IN SUBDIVISION TWO OF THIS SECTION WHO HOLDS A SENIOR MANAGE-
MENT POSITION AS DEFINED BY THE COMMISSION ON GOVERNMENTAL ETHICS; OR
  5. AN IMMEDIATE FAMILY MEMBER OF A  PERSON  DESCRIBED  IN  SUBDIVISION
ONE, TWO, THREE, OR FOUR OF THIS SECTION.
  S  8.  Section  14-130 of the election law, as amended by section 9 of
part CC of chapter 56 of the  laws  of  2015,  is  amended  to  read  as
follows:
  S  14-130.  Campaign funds for personal use. 1. Contributions received
by a candidate or a political committee may ONLY be  expended  for  [any
lawful  purpose.  Such  funds  shall not be converted by any person to a
personal use which is unrelated to a political campaign or  the  holding
of  a  public  office  or  party  position]  BONA FIDE PURPOSES DIRECTLY
RELATED TO EITHER:
  A. PROMOTING THE NOMINATION OR ELECTION OF A CANDIDATE; OR
  B. PERFORMING THOSE DUTIES OF PUBLIC OFFICE OR  PARTY  POSITION  WHICH
ARE NOT PAID FOR OR ELIGIBLE FOR REIMBURSEMENT BY THE STATE OR ANY POLI-
TICAL SUBDIVISION OR PRIVATE PARTY.
  2. PERMISSIBLE ORDINARY AND NECESSARY EXPENSES RELATING TO THE HOLDING
OF PUBLIC OFFICE OR PARTY POSITION SHALL INCLUDE:
  A.  PRODUCTION  AND  CIRCULATION  OF FLYERS OR OTHER WRITTEN MATERIALS
RELATED TO DUTIES OF OFFICEHOLDER; THE PLACEMENT  OF  HOLIDAY  GREETINGS

A. 5752--A                         10

AND  CONGRATULATORY  ADS AND MEMORIAL NOTICES IN LOCAL NEWSPAPERS, MAGA-
ZINES, JOURNALS OR OTHER PUBLICATION;
  B.  SPONSORSHIP OR HOSTING OF COMMUNITY MEETINGS; TICKETS OR DONATIONS
TO LOCAL CHARITABLE, NON-PROFIT OR POLITICAL  EVENTS,  ORGANIZATIONS  OR
ACTIVITIES  THAT  PROMOTE  THE  WELFARE  OF  CONSTITUENTS  OR  POLITICAL
CAMPAIGNS;
  C. INCIDENTAL EXPENDITURES FOR THE OPERATION OF  LEGISLATIVE  OFFICES,
INCLUDING  PURCHASE OF ITEMS SUCH AS MEMORIAL OR GET-WELL GIFTS, FLOWERS
OR SIMILAR ITEMS OF NOMINAL VALUE FOR CONSTITUENTS OR OTHERS;
  D. MEMBERSHIP IN ORGANIZATIONS RELATED TO OFFICIAL DUTIES AND COSTS OF
ATTENDING  INFORMATIONAL  MEETINGS  ATTENDED  IN  CONNECTION  WITH  SUCH
DUTIES; AND
  E. TRAVEL RELATED TO DUTIES OF OFFICE, PROVIDED THAT THE TRAVEL IS NOT
UNDERTAKEN  FOR ANY PURPOSE RESULTING IN A PERSONAL OR FINANCIAL BENEFIT
TO THE CANDIDATE OR OFFICEHOLDER. IF SUCH EXPENSES INVOLVE BOTH PERSONAL
ACTIVITY AND CAMPAIGN OR OFFICIAL ACTIVITIES, THE  INCREMENTAL  EXPENSES
ASSOCIATED  WITH  THE  PERSONAL  ACTIVITIES ARE PERSONAL USES UNLESS THE
CAMPAIGN IS REIMBURSED FOR SUCH SUMS  FROM  OTHER  THAN  CAMPAIGN  FUNDS
WITHIN THIRTY DAYS OF THE EXPENDITURE.
  NOTHING  IN  THIS  SECTION  SHALL PROHIBIT A CANDIDATE FROM PURCHASING
OFFICE EQUIPMENT WITH PERSONAL FUNDS AND LEASING OR RENTING SUCH  EQUIP-
MENT  OR  PROPERTY  TO  A  COMMITTEE  WORKING WITH OR FOR THE CANDIDATE,
PROVIDED THE CANDIDATE OR THE CAMPAIGN TREASURER SIGN A WRITTEN LEASE OR
RENTAL AGREEMENT AND FILES IT WITH  THE  APPROPRIATE  REQUIRED  CAMPAIGN
FINANCIAL  FILING  WHICH  SHALL  INCLUDE THE LEASE OR RENTAL PRICE WHICH
SHALL NOT EXCEED THE FAIR LEASE OR RENTAL VALUE OF THE EQUIPMENT  OR  IN
THE AGGREGATE EXCEED THE COST OF ITS PURCHASE.
  3.  CAMPAIGN FUNDS SHALL NOT BE CONVERTED TO PERSONAL USE, WHICH SHALL
BE DEFINED AS EXPENDITURES THAT:
  A. ARE FOR THE PERSONAL BENEFIT OF OR TO DEFRAY NORMAL LIVING EXPENSES
OF THE CANDIDATE, OFFICEHOLDER, IMMEDIATE FAMILY OR PARTNER OF EITHER OR
ANY OTHER PERSON;
  B. ARE USED TO FULFILL ANY COMMITMENT,  OBLIGATION,  OR  EXPENSE  THAT
WOULD  EXIST  IRRESPECTIVE  OF  THE CANDIDATE'S CAMPAIGN OR DUTIES AS AN
OFFICEHOLDER; OR
  C. ARE PUT TO ANY USE FOR WHICH THE CANDIDATE OR OFFICEHOLDER WOULD BE
REQUIRED TO TREAT THE AMOUNT OF THE EXPENDITURE AS  GROSS  INCOME  UNDER
SECTION 61 OF THE INTERNAL REVENUE CODE.
  4.  EXPENDITURES  FOR  PERSONAL  USE  SHALL  ALSO INCLUDE, BUT ARE NOT
LIMITED TO, EXPENDITURES FOR:
  A. RESIDENTIAL OR HOUSEHOLD  ITEMS,  SUPPLIES,  MAINTENANCE  OR  OTHER
EXPENDITURES,  INCLUDING MORTGAGE, RENT, UTILITIES, REPAIRS, OR IMPROVE-
MENTS FOR ANY PART OF ANY PERSONAL RESIDENCE OF A CANDIDATE  OR  OFFICE-
HOLDER, HIS OR HER IMMEDIATE FAMILY OR PARTNER;
  B.  RENT  OR UTILITY PAYMENTS THAT EXCEED FAIR MARKET VALUE FOR USE OF
ANY PART OF ANY NON-RESIDENTIAL PROPERTY OWNED  BY  A  CANDIDATE,  OR  A
MEMBER OF A CANDIDATE'S FAMILY OR PARTNER USED FOR CAMPAIGN PURPOSES;
  C.  SALARY  AND  OTHER  FEES  FOR  BONA FIDE SERVICES TO A CAMPAIGN OR
LEGISLATIVE OFFICE THAT EXCEED FAIR AND REASONABLE MARKET VALUE OF  SUCH
SERVICES;
  D.  INTEREST  OR  ANY  OTHER  FINANCE CHARGES FOR MONIES LOANED TO THE
CAMPAIGN BY THE CANDIDATE OR THE SPOUSE OR PARTNER OF SUCH CANDIDATE;
  E. TUITION PAYMENTS;
  F. DUES, FEES, OR GRATUITIES AT PRIVATE CLUBS, RECREATIONAL FACILITIES
OR OTHER NONPOLITICAL ORGANIZATIONS,  UNLESS  CONNECTED  TO  A  SPECIFIC

A. 5752--A                         11

WIDELY ATTENDED FUNDRAISING EVENT THAT TAKES PLACE ON THE ORGANIZATION'S
PREMISES;
  G.  AUTOMOBILE  PURCHASES  OR LONG TERM LEASES; SHORT TERM CAR RENTALS
AND CELLULAR EQUIPMENT AND SERVICES NOT USED  EXCLUSIVELY  FOR  CAMPAIGN
PURPOSES OR DUTIES AS AN OFFICEHOLDER;
  H. ADMISSION TO SPORTING EVENTS, CONCERTS, THEATERS, OR OTHER FORMS OF
ENTERTAINMENT,  UNLESS  PART  OF  A  SPECIFIC  CAMPAIGN  OR OFFICEHOLDER
RELATED ACTIVITY; AND
  I. PAYMENT OF ANY FINES, FEES, OR PENALTIES ASSESSED PURSUANT TO  THIS
CHAPTER.
  5. NO CAMPAIGN FUNDS SHALL BE USED TO PAY ATTORNEY'S FEES OR ANY COSTS
OF  DEFENDING AGAINST ANY CIVIL OR CRIMINAL INVESTIGATION OR PROSECUTION
FOR ALLEGED VIOLATIONS OF STATE OR FEDERAL  LAW  ALLEGED  TO  HAVE  BEEN
COMMITTED WHILE HOLDING PUBLIC OFFICE OR AS A CANDIDATE FOR OFFICE WHERE
THE  CANDIDATE  OR  PUBLIC OR PARTY OFFICIAL, MEMBERS OF THEIR IMMEDIATE
FAMILIES OR PARTNERS OR THE CAMPAIGN IS THE TARGET OF SUCH INVESTIGATION
OR PROSECUTION UNLESS SUCH EXPENDITURE IS  USED  EXCLUSIVELY  FOR  COSTS
RELATED  TO  CIVIL OR CRIMINAL ACTIONS FOR ALLEGED VIOLATIONS RELATED TO
ACTIVITIES PROMOTING THE NOMINATION OR ELECTION OF A CANDIDATE.
  [2.] 6. No contribution shall be used to pay  interest  or  any  other
finance  charges upon monies loaned to the campaign by such candidate or
the spouse of such candidate.
  [3.] 7. For the purposes of this section, contributions "converted  by
any  person to a personal use" are expenditures that are exclusively for
the personal benefit of the candidate or any other  individual,  not  in
connection  with  a political campaign or the holding of a public office
or party position. "Converted by any person to  a  personal  use",  when
meeting  the  definition  in this subdivision, shall include, but not be
limited to, expenses for the following:
  (i) any residential or  household  items,  supplies  or  expenditures,
including  mortgage,  rent  or  utility  payments  for  any  part of any
personal residence of a candidate or officeholder or  a  member  of  the
candidate's  or  officeholder's family that are not incurred as a result
of, or to facilitate, the individual's campaign, or the execution of his
or her duties of public office or party position. In the event that  any
property  or  building  is used for both personal and campaign use or as
part of the execution of his or her duties of  public  office  or  party
position,  personal  use  shall constitute expenses that exceed the pro-
rated amount for such expenses based on fair-market value.
  (ii) mortgage, rent, or utility payments to a candidate or officehold-
er for any part of any non-residential  property  that  is  owned  by  a
candidate or officeholder or a member of a candidate's or officeholder's
family and used for campaign purposes, to the extent the payments exceed
the fair market value of the property's usage for campaign activities;
  (iii)  clothing,  other than items that are used in the campaign or in
the execution of the duties of public office or party position;
  (iv) tuition payments unrelated to a political campaign or the holding
of a public office or party position;
  (v) salary payments or other compensation provided to any  person  for
services  where  such  services  are not solely for campaign purposes or
provided in connection with the execution of the duties of public office
or party position;
  (vi) salary payments or other compensation provided to a member  of  a
candidate's  family,  unless  the  family  member is providing bona fide
services to the campaign. If a family member provides bona fide services
to a campaign, any salary payments or other compensation  in  excess  of

A. 5752--A                         12

the  fair  market  value  of  the  services provided shall be considered
payments for personal use;
  (vii)  admission  to a sporting event, concert, theater, or other form
of entertainment, unless such event is part of, or in connection with, a
campaign or is related to the holding of public office  or  party  posi-
tion;
  (viii)  payment  of any fines or penalties assessed against the candi-
date  pursuant  to  this  chapter  or  in  connection  with  a  criminal
conviction  or  by  the  joint  commission for public ethics pursuant to
section ninety-four of the executive law or  sections  seventy-three  or
seventy-three-a  of  the  public  officers law or the legislative ethics
commission pursuant to section eighty of the legislative law;
  (ix) dues, fees, or gratuities at a country club, health club,  recre-
ational  facility  or other entities with a similar purpose, unless they
are expenses connected with a specific  fundraising  event  or  activity
associated  with a political campaign or the holding of public office or
party position that takes place on the organization's premises; and
  (x) travel expenses including automobile purchases or  leases,  unless
used  for  campaign  purposes or in connection with the execution of the
duties of public office or party position  and  usage  of  such  vehicle
which is incidental to such purposes or the execution of such duties.
  [4.]  8.  Nothing  in  this  section  shall  prohibit a candidate from
purchasing equipment or property from his  or  her  personal  funds  and
leasing  or  renting  such  equipment or property to a committee working
directly or indirectly with him to aid or  participate  in  his  or  her
nomination  or  election,  including  an exploratory committee, provided
that the candidate and his or her  campaign  treasurer  sign  a  written
lease  or  rental  agreement.  Such agreement shall include the lease or
rental price, which shall not exceed the fair lease or rental  value  of
the  equipment. The candidate shall not receive lease or rental payments
which, in the aggregate, exceed the cost of purchasing the equipment  or
property.
  [5.]  9.  Nothing  in  this  section  shall prohibit an elected public
officeholder from using campaign contributions to  facilitate,  support,
or otherwise assist in the execution or performance of the duties of his
or her public office.
  [6.]  10.  The  state board of elections shall issue advisory opinions
upon request regarding expenditures that may or may  not  be  considered
personal  use of contributions. Any formal or informal advisory opinions
issued by a majority vote of the commissioners of  the  state  board  of
elections  shall  be binding on the board, the chief enforcement counsel
established by subdivision three-a of section 3-100 of this chapter, and
in any subsequent civil or criminal action or proceeding or  administra-
tive proceeding.
  S  9.  The  election  law is amended by adding a new section 14-134 to
read as follows:
  S 14-134. DISPOSITION OF CAMPAIGN FUNDS. 1. AN  AUTHORIZED  CONTINUING
CANDIDATE  COMMITTEE  MUST  DISPOSE  OF  ALL FUNDS AND CLOSE WITHIN FOUR
YEARS AFTER THE LATER OF (A) THE END OF  THE  INDIVIDUAL'S  MOST  RECENT
TERM  OF OFFICE, OR (B) THE DATE OF THE ELECTION IN WHICH THE INDIVIDUAL
LAST WAS A FILED CANDIDATE.
  2. ANY CANDIDATE OR POLITICAL COMMITTEE REQUIRED TO DISPOSE  OF  FUNDS
PURSUANT  TO  THIS SECTION SHALL, AT THE OPTION OF THE CANDIDATE, OR THE
TREASURER OF A POLITICAL COMMITTEE FORMED SOLELY TO PROMOTE THE  PASSAGE
OR  DEFEAT  OF  A  BALLOT  PROPOSAL, DISPOSE OF SUCH FUNDS BY ANY OF THE
FOLLOWING MEANS, OR ANY COMBINATION THEREOF:

A. 5752--A                         13

  A. RETURNING, PRO RATA, TO EACH CONTRIBUTOR THE FUNDS  THAT  HAVE  NOT
BEEN SPENT OR OBLIGATED;
  B.  DONATING  THE  FUNDS TO A CHARITABLE ORGANIZATION OR ORGANIZATIONS
THAT MEET THE QUALIFICATIONS OF SECTION 501(C)(3) OF THE INTERNAL REVEN-
UE CODE;
  C. DONATING THE FUNDS TO THE STATE UNIVERSITY;
  D. DONATING THE FUNDS TO THE STATE'S GENERAL FUND;
  E. TRANSFERRING THE FUNDS TO A POLITICAL  PARTY  COMMITTEE  REGISTERED
WITH THE STATE BOARD OF ELECTIONS; OR
  F.  CONTRIBUTING  THE FUNDS TO A CANDIDATE OR POLITICAL COMMITTEE SUCH
THAT THIS DOES NOT EXCEED THE LIMITS SET FORTH IN SECTION 14-114 OF THIS
ARTICLE.
  3. NO CANDIDATE OR POLITICAL COMMITTEE SHALL DISPOSE OF CAMPAIGN FUNDS
BY MAKING EXPENDITURES FOR PERSONAL USE AS DEFINED IN SECTION 14-130  OF
THIS ARTICLE.
  4.  UPON THE DEATH OF A CANDIDATE, FORMER CANDIDATE OR HOLDER OF ELEC-
TIVE OFFICE, WHO  RECEIVED  CAMPAIGN  CONTRIBUTIONS,  ALL  CONTRIBUTIONS
SHALL  BE  DISPOSED OF ACCORDING TO THIS SECTION WITHIN TWELVE MONTHS OF
THE DEATH OF THE CANDIDATE.
  S 10. Subdivision 1 of section 14-102 of the election law, as  amended
by  chapter  8  and  redesignated  by  chapter 9 of the laws of 1978, is
amended to read as follows:
  1. The treasurer of every political committee which, or  any  officer,
member  or  agent  of  any  such  committee  who, in connection with any
election, receives or expends any  money  or  other  valuable  thing  or
incurs  any  liability  to pay money or its equivalent shall file state-
ments sworn, or subscribed and bearing a form notice that  false  state-
ments  made  therein are punishable as a class A misdemeanor pursuant to
section 210.45 of the penal law, at the times prescribed by this article
setting forth all the receipts, contributions to and the expenditures by
and liabilities of the committee,  and  of  its  officers,  members  and
agents in its behalf. Such statements shall include the dollar amount of
any  receipt,  contribution or transfer, or the fair market value of any
receipt, contribution or transfer, which is other  than  of  money,  the
name  and  address  of  the  transferor, contributor or person from whom
received, IF THE CONTRIBUTOR IS A LOBBYIST REGISTERED PURSUANT TO  ARTI-
CLE  ONE-A  OF THE LEGISLATIVE LAW and if the transferor, contributor or
person is a political committee; the name  of  and  the  political  unit
represented by the committee, the date of its receipt, the dollar amount
of  every expenditure, the name and address of the person to whom it was
made or the name of and the political unit represented by the  committee
to  which  it was made and the date thereof, and shall state clearly the
purpose of such expenditure. Any statement reporting a loan  shall  have
attached  to  it a copy of the evidence of indebtedness. Expenditures in
sums under fifty dollars need not be specifically accounted for by sepa-
rate items in said statements, and receipts and contributions  aggregat-
ing not more than ninety-nine dollars, from any one contributor need not
be  specifically  accounted  for  by  separate items in said statements,
provided however, that such  expenditures,  receipts  and  contributions
shall be subject to the other provisions of section 14-118 of this arti-
cle.
  S  11.  Subdivision  3  of  section  74  of the public officers law is
amended by adding a new paragraph j to read as follows:
  J. NO OFFICER OR EMPLOYEE OF A STATE AGENCY REQUIRED TO FILE AN ANNUAL
STATEMENT OF FINANCIAL DISCLOSURE PURSUANT TO SECTION SEVENTY-THREE-A OF

A. 5752--A                         14

THIS ARTICLE SHALL SOLICIT OR RECEIVE CONTRIBUTIONS FOR A  CAMPAIGN  FOR
STATE OR FEDERAL OFFICE.
  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; provided that section
14-132 of the election law as added by section seven of this  act  shall
take  effect  two  years after such effective date; and provided further
that sections eight, nine, ten and eleven of this act shall take  effect
on the sixtieth day after it shall have become a law; provided, however,
that  the  state board of elections shall notify all registered campaign
committees of the applicable provisions of sections eight, nine, ten and
eleven of this act within thirty days after this act shall have become a
law.