S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 2010                                                  A. 3010
 
                       S E N A T E - A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 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  public officers law and the legislative law, in
   relation to outside employment and  income  (Part  A);  to  amend  the
   election  law,  in  relation  to  political  contributions  by limited
   liability companies or other corporate entities (Part B); to amend the
   executive law and the general municipal law, in relation to  requiring
   the  financial  disclosures  of  certain  local officials (Part C); to
   amend the election  law,  in  relation  to  establishing  contribution
   limits  and  a  public  campaign  financing system; to amend the state
   finance law, in relation to establishing the New York  state  campaign
   finance  fund; and to amend the tax law, in relation to establishing a
   New York state campaign finance fund check-off (Part D); to amend  the
   public  officers law, the civil practice law and rules, and the execu-
   tive law, in relation to the freedom of information law; and to repeal
   section 88 of the public officers law, section 70-0113 of the environ-
   mental conservation law and subdivision 4 of section 308 of the county
   law relating thereto (Part E); to amend the executive law, in relation
   to including  certain  not-for-profit  organizations  and  foundations
   within  the  jurisdiction  of the state inspector general (Part F); to
   amend the executive law, in relation to giving the  inspector  general
   jurisdiction  over  state procurement (Part G); to amend the education
   law, in relation to the implementation and  enforcement  of  SUNY  and
   CUNY  financial control policies, including the policies of affiliated
   nonprofit organizations and foundations (Part H); to amend the  public
   officers law and the criminal procedure law, in relation to the estab-
   lishment of the New York port authority inspector general (Part I); to
   amend  the  education law, in relation to the establishment of a state
   education department inspector general (Part J); to amend  the  execu-
   tive  law,  the  state  finance law and the public authorities law, in
   relation to the appointment of a chief procurement officer  (Part  K);
   to  amend  the election law, in relation to government vendor contrib-
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12575-01-7

 S. 2010                             2                            A. 3010
 
   utions (Part L); to direct the preparation of a report on  the  feasi-
   bility  of  single identifying codes or numbers (Part M); and to amend
   the election law, in relation to motor  vehicle  registration  and  to
   establish  early  voting;  and to repeal section 5-212 of the election
   law relating thereto (Part N)
 
   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 N. 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. The public officers law is amended by adding a new section
 74-b to read as follows:
   § 74-B. DUTY OF MEMBERS OF THE LEGISLATURE REGARDING  OUTSIDE  EMPLOY-
 MENT.  A  MEMBER  OF  THE LEGISLATURE, WHO OBTAINS OUTSIDE EMPLOYMENT AS
 DEFINED IN THIS SECTION, SHALL REQUEST A FORMAL  ADVISORY  OPINION  FROM
 THE  LEGISLATIVE ETHICS COMMISSION PURSUANT TO THE PROVISIONS OF SECTION
 EIGHTY OF THE LEGISLATIVE LAW ON WHETHER THE OUTSIDE EMPLOYMENT VIOLATES
 THE PROVISIONS OF SECTION SEVENTY-FOUR OF THIS ARTICLE AND  THE  COMMIS-
 SION  SHALL  PROVIDE AN OPINION.  FOR PURPOSES OF THIS SECTION, "OUTSIDE
 EMPLOYMENT" MEANS COMPENSATION IN EXCESS OF FIVE  THOUSAND  DOLLARS  PER
 YEAR,  OTHER  THAN  COMPENSATION  PROVIDED PURSUANT TO SECTIONS FIVE AND
 FIVE-A OF THE LEGISLATIVE LAW, FROM EMPLOYMENT FOR SERVICES RENDERED  OR
 GOODS SOLD DURING THE MEMBER'S TERM.
   § 2. Subdivision 1 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:
   1. There is established a legislative ethics  commission  which  shall
 consist  of  nine members. Four members shall be members of the legisla-
 ture and shall be appointed as follows: one by the  temporary  president
 of  the  senate, one by the speaker of the assembly, one by the minority
 leader of the senate and one by the minority  leader  of  the  assembly.
 ONE  OF  THE  FIVE  REMAINING MEMBERS MUST BE APPOINTED BY THE OFFICE OF
 COURT ADMINISTRATION, AND SHALL BE THE CHIEF ADMINISTRATIVE LAW JUDGE OR
 HIS OR HER DESIGNEE AND SHALL BE  APPOINTED  ONLY  FOR  THE  PURPOSE  OF
 REVIEWING  AND  RESPONDING  TO  REQUESTS FOR FORMAL ADVISORY OPINIONS ON
 OUTSIDE INCOME. The remaining five  members  shall  not  be  present  or
 former members of the legislature, candidates for member of the legisla-
 ture,  employees of the legislature, political party chairmen as defined
 in paragraph (k) of subdivision one  of  section  seventy-three  of  the
 public  officers  law, or lobbyists, as defined in section one-c of this
 chapter, or persons who have been employees of  the  legislature,  poli-
 tical  party  chairmen as defined in paragraph (k) of subdivision one of
 section seventy-three of the  public  officers  law,  or  lobbyists,  as

 S. 2010                             3                            A. 3010
 
 defined in section one-c of this chapter in the previous five years, and
 shall  be  appointed  as  follows: one by the temporary president of the
 senate, one by the speaker of the assembly, one by the  minority  leader
 of  the  senate,  one  by  the  minority leader of the assembly, and one
 jointly by the speaker of  the  assembly  and  majority  leader  of  the
 senate. The commission shall serve as described in this section and have
 and  exercise  the powers and duties set forth in this section only with
 respect to members of the legislature, legislative employees as  defined
 in  section  seventy-three  of  the  public officers law, candidates for
 member of the legislature and individuals who have  formerly  held  such
 positions or who have formerly been such candidates.
   § 3. This act shall take effect immediately.
 
                                  PART B
 
   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:
   §  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.
   §  2.  Section  14-120  of the election law is amended by adding a new
 subdivision 3 to read as follows:

 S. 2010                             4                            A. 3010
 
   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.
   § 3. This act shall take effect immediately.
 
                                  PART C
 
   Section  1.  Subdivision  1  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:
   1. There is established within the department of state a joint commis-
 sion  on public ethics which shall consist of fourteen members and shall
 have and exercise the powers and duties set forth in this  section  with
 respect  to  statewide elected officials, members of the legislature and
 employees of the legislature,  and  state  officers  and  employees,  as
 defined  in  sections  seventy-three  and  seventy-three-a of the public
 officers law, candidates for statewide elected office and for the senate
 or assembly, and the political party chairman as that term is defined in
 section seventy-three-a of the public officers law,  lobbyists  and  the
 clients  of  lobbyists as such terms are defined in article one-A of the
 legislative law, and individuals who have formerly held such  positions,
 were  lobbyists  or  clients  of lobbyists, as such terms are defined in
 article one-A of the legislative law, or who  have  formerly  been  such
 candidates.  THE  COMMISSION SHALL ALSO HAVE AND EXERCISE THE POWERS SET
 FORTH IN THIS SECTION WITH RESPECT TO COVERED MUNICIPAL OFFICERS AS SUCH
 TERM IS DEFINED IN SECTION EIGHT HUNDRED TEN OF  THE  GENERAL  MUNICIPAL
 LAW, PROVIDED, HOWEVER, THAT THE JURISDICTION OF THE JOINT COMMISSION ON
 PUBLIC  ETHICS  WITH RESPECT TO SUCH COVERED MUNICIPAL OFFICERS SHALL BE
 LIMITED TO THE PROVISIONS OF THIS SECTION  RELATING  TO  THE  FILING  OF
 ACCURATE  ANNUAL  STATEMENTS  OF  FINANCIAL  DISCLOSURE,  AND  PROVIDED,
 FURTHER, IF THE COMMISSION HAS A REASONABLE BASIS TO BELIEVE THAT  THERE
 ARE ETHICAL OR LEGAL ISSUES OUTSIDE ITS JURISDICTION, BUT RELATED TO THE
 ANNUAL  STATEMENT OF FINANCIAL DISCLOSURE, SUCH ISSUES SHALL BE REFERRED
 TO THE APPROPRIATE BODY AS DEFINED IN SECTION EIGHT HUNDRED TEN  OF  THE
 GENERAL MUNICIPAL LAW OR THE DISTRICT ATTORNEY FROM THE COUNTY WHERE THE
 MUNICIPAL  CORPORATION  IS  LOCATED. This section shall not be deemed to
 have revoked or rescinded any regulations or advisory opinions issued by
 the legislative ethics commission, the commission on  public  integrity,
 the  state  ethics  commission  and the temporary lobbying commission in
 effect upon the effective date of chapter fourteen of the  laws  of  two
 thousand  seven which amended this section to the extent that such regu-
 lations or opinions are not inconsistent with any law of  the  state  of
 New  York, but such regulations and opinions shall apply only to matters
 over which such commissions had jurisdiction  at  the  time  such  regu-
 lations  and  opinions  were promulgated or issued. The commission shall
 undertake a comprehensive review of all such regulations  and  opinions,

 S. 2010                             5                            A. 3010

 which  will  address  the  consistency  of such regulations and opinions
 among each other and with the new statutory language, and of the  effec-
 tiveness of the existing laws, regulations, guidance and ethics enforce-
 ment  structure  to  address  the ethics of covered public officials and
 related parties. Such review shall be  conducted  with  the  legislative
 ethics  commission  and,  to  the extent possible, the report's findings
 shall reflect the full input and deliberations of both commissions after
 joint consultation. The commission shall,  before  February  first,  two
 thousand  fifteen, report to the governor and legislature regarding such
 review and shall propose any regulatory or statutory changes  and  issue
 any advisory opinions necessitated by such review.
   §  2.  Subparagraph 1 of paragraph (a) 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, is amended to read as follows:
   (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 AND PURSUANT TO SUBDIVISION  THREE  OF  SECTION  EIGHT  HUNDRED
 ELEVEN AND SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE OF THE GENER-
 AL  MUNICIPAL  LAW, except information deleted pursuant to paragraph (h)
 of subdivision nine of this section;
   § 3. Section 810 of the general municipal law is amended by  adding  a
 new subdivision 13 to read as follows:
   (13)  "COVERED  MUNICIPAL OFFICER" MEANS (A) ANY INDIVIDUAL ELECTED TO
 SERVE THE GOVERNMENT OF ANY MUNICIPAL CORPORATION WHO  RECEIVES  COMPEN-
 SATION  OF  FIFTY  THOUSAND DOLLARS OR MORE ANNUALLY FROM SUCH MUNICIPAL
 CORPORATION AS WELL AS (B) ANY  INDIVIDUAL  WHO  IS  EITHER  ELECTED  OR
 APPOINTED  TO SERVE AS COUNTY EXECUTIVE, COUNTY MANAGER, OR CHAIR OF THE
 COUNTY BOARD OF SUPERVISORS.
   § 4. Section 811 of the general municipal law is amended by  adding  a
 new subdivision 3 to read as follows:
   3. (A) NOTWITHSTANDING ANY LOCAL LAW, ORDINANCE, OR RESOLUTION PROVID-
 ING  FOR  THE  ANNUAL FILING OF AN ANNUAL STATEMENT OF FINANCIAL DISCLO-
 SURE, A COVERED MUNICIPAL OFFICER SHALL BE REQUIRED TO FILE  THE  ANNUAL
 STATEMENT  OF  FINANCIAL DISCLOSURE SET FORTH IN SECTION SEVENTY-THREE-A
 OF THE PUBLIC OFFICERS LAW WITH THE JOINT COMMISSION ON  PUBLIC  ETHICS,
 PROVIDED,  HOWEVER  A  COVERED  MUNICIPAL OFFICER MAY SATISFY THE FILING
 REQUIREMENTS OF THIS SUBDIVISION BY FILING A COPY OF  THE  STATEMENT  OF
 FINANCIAL  DISCLOSURE FILED PURSUANT TO PARAGRAPH (A) OR (A-1) OF SUBDI-
 VISION ONE OF THIS SECTION WITH THE JOINT COMMISSION ON PUBLIC ETHICS ON
 OR BEFORE THE FILING DEADLINE PROVIDED IN SECTION SEVENTY-THREE-A OF THE
 PUBLIC OFFICERS LAW, IF SUCH STATEMENT  OF  FINANCIAL  DISCLOSURE  FILED
 PURSUANT  TO  PARAGRAPH  (A) OR (A-1) OF SUBDIVISION ONE OF THIS SECTION
 HAS BEEN AUTHORIZED BY THE JOINT COMMISSION ON PUBLIC ETHICS PURSUANT TO
 PARAGRAPH (B) OF THIS SUBDIVISION.
   (B) THE GOVERNING BODY OF  EACH  MUNICIPAL  CORPORATION  MAY  ADOPT  A
 RESOLUTION  TO REQUEST AUTHORIZATION FROM THE JOINT COMMISSION ON PUBLIC
 ETHICS FOR ITS COVERED MUNICIPAL OFFICERS TO FILE WITH THE JOINT COMMIS-
 SION ON PUBLIC ETHICS A  COPY  OF  THE  ANNUAL  STATEMENT  OF  FINANCIAL
 DISCLOSURE  FILED  PURSUANT TO PARAGRAPH (A) OR (A-1) OF SUBDIVISION ONE
 OF THIS SECTION TO SATISFY THE FILING REQUIREMENTS OF A COVERED  MUNICI-
 PAL  OFFICER  OF PARAGRAPH (A) OF THIS SUBDIVISION. THE JOINT COMMISSION
 ON PUBLIC ETHICS SHALL PROMPTLY MAKE A DETERMINATION IN RESPONSE TO EACH
 REQUEST, WHICH SHALL INCLUDE AN EXPLANATION FOR  ITS  DETERMINATION.  IF
 AUTHORIZATION IS DENIED, THE MUNICIPAL CORPORATION MAY AMEND ITS REQUEST
 AND RESUBMIT.

 S. 2010                             6                            A. 3010
 
   (C) THE GOVERNING BODY OF EACH MUNICIPAL CORPORATION MAY ADOPT A LOCAL
 LAW, ORDINANCE, OR RESOLUTION AUTHORIZING ITS COVERED MUNICIPAL OFFICERS
 TO SATISFY THE FILING REQUIREMENTS OF PARAGRAPH (A) OR (A-1) OF SUBDIVI-
 SION  ONE  OF  THIS  SECTION BY FILING A COPY OF THE ANNUAL STATEMENT OF
 FINANCIAL  DISCLOSURE  AS  SET  FORTH  IN SECTION SEVENTY-THREE-A OF THE
 PUBLIC OFFICERS LAW FILED PURSUANT TO PARAGRAPH (A) OF THIS  SUBDIVISION
 WITH THE APPROPRIATE BODY.
   §  5.  Subdivision  1  of  section 812 of the general municipal law is
 amended by adding a new paragraph (j) to read as follows:
   (J) A COVERED MUNICIPAL OFFICER SHALL BE REQUIRED TO FILE  THE  ANNUAL
 STATEMENT  OF  FINANCIAL DISCLOSURE SET FORTH IN SECTION SEVENTY-THREE-A
 OF THE PUBLIC OFFICERS LAW WITH THE JOINT COMMISSION ON PUBLIC ETHICS. A
 COVERED MUNICIPAL OFFICER MAY SATISFY THE FILING REQUIREMENTS  OF  PARA-
 GRAPH  (A)  OF THIS SUBDIVISION BY FILING A COPY OF THE ANNUAL STATEMENT
 OF FINANCIAL DISCLOSURE FILED PURSUANT TO THIS PARAGRAPH WITH THE APPRO-
 PRIATE BODY.
   § 6. This act shall take effect January 1, 2018.
 
                                  PART D
 
   Section 1.  Section 14-100 of the election law is  amended  by  adding
 two new subdivisions 17 and 18 to read as follows:
   17.  "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.
   18. "AUTHORIZED COMMITTEE" MEANS THE SINGLE POLITICAL COMMITTEE DESIG-
 NATED  BY  A  CANDIDATE  TO RECEIVE ALL CONTRIBUTIONS AUTHORIZED BY THIS
 TITLE.
   § 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

 S. 2010                             7                            A. 3010

 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.
   §  3.  Subdivision 3 of section 14-124 of the election law, as amended
 by section 1 of part B of chapter 286 of the laws of 2016, 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
 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; PROVIDED THAT SUCH MONIES DESCRIBED IN THIS
 SUBDIVISION SHALL BE DEPOSITED IN A SEGREGATED ACCOUNT.
   § 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.
   §  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
   §  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

 S. 2010                             8                            A. 3010
 
 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
 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

 S. 2010                             9                            A. 3010
 
 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
 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

 S. 2010                            10                            A. 3010
 
 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
 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-TWO, 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

 S. 2010                            11                            A. 3010
 
 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.]
   §  7. Sections 14-100 through 14-132 of article 14 of the election law
 are designated title I and a new title  heading  is  added  to  read  as
 follows:
 
                    CAMPAIGN RECEIPTS AND EXPENDITURES
 
   §  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.
   § 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

 S. 2010                            12                            A. 3010
 
 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
 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.
   §  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,

 S. 2010                            13                            A. 3010
 
 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.
   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-

 S. 2010                            14                            A. 3010
 
 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.
   § 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
 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.

 S. 2010                            15                            A. 3010
 
   (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.
   §  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.
   §  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.
   § 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;
   (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

 S. 2010                            16                            A. 3010
 
 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:
   (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.
   § 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;

 S. 2010                            17                            A. 3010
 
   (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
 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.
   § 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,

 S. 2010                            18                            A. 3010
 
 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.
   §  14-207.  USE  OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN EXPENDI-
 TURES.  1. PUBLIC MATCHING FUNDS PROVIDED UNDER THE PROVISIONS  OF  THIS
 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.
   § 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

 S. 2010                            19                            A. 3010
 
 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
 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.
   § 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
 SEVERALLY 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

 S. 2010                            20                            A. 3010

 CANDIDATE'S  AUTHORIZED  COMMITTEE  ARE JOINTLY AND SEVERALLY 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.
   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.
   §  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

 S. 2010                            21                            A. 3010
 
 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.
   § 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-ONE, AND EVERY THIRD YEAR THEREAFTER, AND AT ANY OTHER TIME UPON  THE
 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.
   §  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.
   § 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. 2010                            22                            A. 3010
 
   §  9. The state finance law is amended by adding a new section 92-t to
 read as follows:
   §  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.
   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 TWENTY, 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.
   § 10. Section 95 of the state finance law is amended by adding  a  new
 subdivision 5 to read as follows:

 S. 2010                            23                            A. 3010
 
   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.
   § 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  SEVENTEEN,
 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
 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 SEVENTEEN, 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.
   §  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.
   § 13. This act shall take effect immediately; provided,  however,  all
 affected  candidates will be eligible to participate in voluntary public
 financing beginning with the 2019 primary election.
 
                                  PART E

 S. 2010                            24                            A. 3010
 
   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.
   § 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
 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:
   § 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

 S. 2010                            25                            A. 3010
 
   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
 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;

 S. 2010                            26                            A. 3010
 
   (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]
   (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.

 S. 2010                            27                            A. 3010
 
   (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
 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.

 S. 2010                            28                            A. 3010
 
   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.
   (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.
   § 3. Section 88 of the public officers law is REPEALED.
   § 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, paragraph (d) of subdivision 4 as added by chapter 487  of
 the laws of 2016, 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:
   § 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

 S. 2010                            29                            A. 3010
 
 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.
   (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;

 S. 2010                            30                            A. 3010
 
   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
   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 may recover pursuant  to
 paragraph  (c)  of subdivision one of section eighty-seven of this arti-
 cle.  An agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE may require

 S. 2010                            31                            A. 3010
 
 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 solicitation 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 requesting the record or records within  twenty
 business days from the date of the acknowledgement of the receipt of the
 request,  the  agency OR RESPECTIVE 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 reason-
 able 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 entity 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 LEGISLATURE has the ability to retrieve or extract a
 record or data maintained in a computer storage system  with  reasonable
 effort,  it  shall  be  required  to  do so. When doing so requires less
 employee time than engaging in manual retrieval or redactions from  non-
 electronic  records, the agency AND RESPECTIVE HOUSE OF THE STATE LEGIS-
 LATURE shall be required to retrieve or  extract  such  record  or  data
 electronically.  Any  programming  necessary  to retrieve a record main-
 tained 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

 S. 2010                            32                            A. 3010
 
 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
 IN SECTION EIGHTY-SEVEN OF THIS ARTICLE AND HAD NO REASONABLE BASIS  FOR
 DENYING ACCESS.
   (d)  (i) Appeal to the appellate division of the supreme court must be
 made in accordance with subdivision (a) of  section  fifty-five  hundred
 thirteen of the civil practice law and rules.
   (ii)  An appeal from an agency OR RESPECTIVE HOUSE OF THE STATE LEGIS-
 LATURE taken from an order of the court requiring disclosure of  any  of
 all records sought:
   (A) shall be given preference;
   (B)  shall  be brought on for argument on such terms and conditions as
 the presiding justice may direct, upon application of any party  to  the
 proceedings; and
   (C) shall be deemed abandoned if the agency OR RESPECTIVE HOUSE OF THE
 STATE  LEGISLATURE  fails  to  serve  and file a record and brief within
 sixty days after the date of service upon the petitioner of  the  notice
 of  appeal, unless consent to further extension is given by all parties,
 or unless further extension is granted by the court upon such  terms  as
 may be just and upon good cause shown.
   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

 S. 2010                            33                            A. 3010
 
 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
 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.

 S. 2010                            34                            A. 3010
 
   (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.
 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

 S. 2010                            35                            A. 3010

 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.
   § 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:
   (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.
   § 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.
   § 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.
   §  8.  Section  70-0113  of  the  environmental  conservation  law  is
 REPEALED.
   § 9. Subdivision 4 of section 308 of the county law is REPEALED.
   §  10.  This  act shall take effect immediately; provided however that
 the amendments to paragraphs (j), (k), (l), (m), (n), and (o) of  subdi-
 vision 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; provided, further, however  that  the  amend-
 ments  to  paragraph  (d)  of  subdivision 4 of section 89 of the public
 officers law made by section four of this act shall take effect  on  the
 same  date  and  in  the same manner as chapter 487 of the laws of 2016,
 takes effect.
 
                                  PART F
 
   Section 1. Section 51 of the executive law, as added by chapter 766 of
 the laws of 2005, is amended to read as follows:
   § 51. Jurisdiction. This article shall,  subject  to  the  limitations
 contained herein, confer upon the office of the state inspector general,

 S. 2010                            36                            A. 3010
 
 jurisdiction over all covered agencies. For the purposes of this article
 "covered agency" shall include:
   1.  all  executive  branch agencies, departments, divisions, officers,
 boards and commissions, public authorities (other  than  multi-state  or
 multi-national  authorities), and public benefit corporations, the heads
 of which are appointed by the governor and which do not have  their  own
 inspector  general  by  statute.   Wherever a covered agency is a board,
 commission, a public authority or public benefit corporation,  the  head
 of the agency is the chairperson thereof; OR
   2.  AN  ORGANIZATION  OR  FOUNDATION  FORMED  UNDER THE NOT-FOR-PROFIT
 CORPORATION LAW OR ANY  OTHER  ENTITY  FORMED  FOR  THE  BENEFIT  OF  OR
 CONTROLLED BY THE STATE UNIVERSITY OF NEW YORK OR THE CITY UNIVERSITY OF
 NEW YORK OR THEIR RESPECTIVE UNIVERSITIES, COLLEGES, COMMUNITY COLLEGES,
 CAMPUSES OR SUBDIVISIONS, INCLUDING THE RESEARCH FOUNDATION OF THE STATE
 UNIVERSITY OF NEW YORK AND THE RESEARCH FOUNDATION OF THE CITY UNIVERSI-
 TY OF NEW YORK, TO ASSIST IN MEETING THE SPECIFIC NEEDS OF, OR PROVIDING
 A  DIRECT  BENEFIT  TO,  THE  RESPECTIVE  UNIVERSITY, COLLEGE, COMMUNITY
 COLLEGE, CAMPUS OR SUBDIVISION OR THE UNIVERSITY AS A  WHOLE,  THAT  HAS
 CONTROL OF, MANAGES OR RECEIVES FIFTY THOUSAND DOLLARS OR MORE ANNUALLY,
 INCLUDING  ALUMNI  ASSOCIATIONS.  FOR THE PURPOSES OF THIS ARTICLE, THIS
 TERM DOES NOT INCLUDE A STUDENT-RUN  ORGANIZATION  COMPRISED  SOLELY  OF
 ENROLLED  STUDENTS  AND  FORMED  FOR  THE PURPOSE OF ADVANCING A STUDENT
 OBJECTIVE.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 
                                  PART G
 
   Section  1.  The executive law is amended by adding a new section 53-a
 to read as follows:
   § 53-A. STATE PROCUREMENT OVERSIGHT DEFINED. 1. FOR PURPOSES  OF  THIS
 ARTICLE,  "STATE  PROCUREMENT"  SHALL  MEAN  ANY LOAN, CONTRACT OR GRANT
 AWARDED OR ENTERED INTO BY A COVERED AGENCY.
   2. CONSISTENT WITH THE GENERAL INVESTIGATORY AUTHORITY  OF  THE  STATE
 INSPECTOR  GENERAL  AS  ESTABLISHED IN THIS ARTICLE, THE STATE INSPECTOR
 GENERAL IS EXPRESSLY EMPOWERED TO INVESTIGATE ALLEGED CORRUPTION, FRAUD,
 CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE, BY OFFICERS,  EMPLOY-
 EES AND CONTRACTED PARTIES RELATED TO ANY STATE PROCUREMENT.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
                                  PART H
 
   Section 1. The education law is amended by adding a new  section  6235
 to read as follows:
   § 6235. PUBLIC UNIVERSITY FOUNDATION OVERSIGHT. 1. IT IS HEREBY ESTAB-
 LISHED THAT THE OFFICE OF THE STATE INSPECTOR GENERAL SHALL INDEPENDENT-
 LY  OVERSEE IMPLEMENTATION AND ENFORCEMENT OF FINANCIAL CONTROL POLICIES
 AT THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW  YORK
 AND  AFFILIATED NONPROFIT ORGANIZATIONS AND FOUNDATIONS PURSUANT TO THIS
 SECTION.
   2. (A) AS USED WITHIN THIS SECTION  "OFFICE  OF  THE  STATE  INSPECTOR
 GENERAL"  MEANS THE OFFICE OF THE STATE INSPECTOR GENERAL AS ESTABLISHED
 IN ARTICLE FOUR-A OF THE EXECUTIVE LAW  AND  "STATE  INSPECTOR  GENERAL"
 MEANS  THE  STATE INSPECTOR GENERAL WHO IS THE HEAD OF THE OFFICE OF THE

 S. 2010                            37                            A. 3010
 
 STATE INSPECTOR GENERAL AS ESTABLISHED IN ARTICLE FOUR-A OF  THE  EXECU-
 TIVE LAW.
   (B) AS USED WITHIN THIS SECTION, "AFFILIATED NONPROFIT ORGANIZATION OR
 FOUNDATION"  MEANS  AN  ORGANIZATION OR FOUNDATION FORMED UNDER THE NOT-
 FOR-PROFIT CORPORATION LAW OR ANY OTHER ENTITY FORMED FOR THE BENEFIT OF
 OR CONTROLLED BY THE STATE UNIVERSITY OF NEW YORK OR THE CITY UNIVERSITY
 OF NEW  YORK  OR  THEIR  RESPECTIVE  UNIVERSITIES,  COLLEGES,  COMMUNITY
 COLLEGES, CAMPUSES OR SUBDIVISIONS, INCLUDING THE RESEARCH FOUNDATION OF
 THE STATE UNIVERSITY OF NEW YORK AND THE RESEARCH FOUNDATION OF THE CITY
 UNIVERSITY  OF  NEW YORK, TO ASSIST IN MEETING THE SPECIFIC NEEDS OF, OR
 PROVIDING A DIRECT  BENEFIT  TO,  THE  RESPECTIVE  UNIVERSITY,  COLLEGE,
 COMMUNITY  COLLEGE,  CAMPUS OR SUBDIVISION OR THE UNIVERSITY AS A WHOLE,
 THAT HAS CONTROL OF, MANAGES OR RECEIVES FIFTY THOUSAND DOLLARS OR  MORE
 ANNUALLY,  INCLUDING  ALUMNI  ASSOCIATIONS.  FOR  THE  PURPOSES  OF THIS
 SECTION, THIS TERM DOES NOT INCLUDE A STUDENT-RUN ORGANIZATION COMPRISED
 SOLELY OF ENROLLED STUDENTS AND FORMED FOR THE PURPOSE  OF  ADVANCING  A
 STUDENT OBJECTIVE.
   3.  (A)  FOR THE PURPOSES OF THIS SECTION, THE STATE INSPECTOR GENERAL
 SHALL HAVE THE SAME POWERS ENUMERATED IN ARTICLE FOUR-A OF THE EXECUTIVE
 LAW.
   (B) THE STATE INSPECTOR GENERAL SHALL  REQUIRE  THAT  EACH  AFFILIATED
 NONPROFIT  ORGANIZATION  OR  FOUNDATION ADOPT WRITTEN POLICIES INCLUDING
 BY-LAWS CONSISTENT WITH THE REQUIREMENTS OF THIS PARAGRAPH. EACH  AFFIL-
 IATED  NONPROFIT  ORGANIZATION OR FOUNDATION SHALL, IN CONSULTATION WITH
 THE STATE INSPECTOR GENERAL, ADOPT WRITTEN POLICIES DESIGNED TO  PREVENT
 CORRUPTION, FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE.
   (C)  THE  STATE INSPECTOR GENERAL SHALL HAVE THE AUTHORITY TO APPOINT,
 IN CONSULTATION WITH THE STATE UNIVERSITY  OF  NEW  YORK  AND  THE  CITY
 UNIVERSITY OF NEW YORK AND ANY RESPECTIVE CAMPUS OF THE STATE UNIVERSITY
 OF  NEW  YORK  AND  THE CITY UNIVERSITY OF NEW YORK, COMPLIANCE OFFICERS
 FROM WITHIN THE STAFF OF THE STATE UNIVERSITY OF NEW YORK AND  THE  CITY
 UNIVERSITY  OF  NEW  YORK  AND ANY CAMPUS OF THE STATE UNIVERSITY OF NEW
 YORK AND THE CITY UNIVERSITY OF NEW YORK TO PROVIDE ASSISTANCE IN  OVER-
 SIGHT  AND  MONITORING  OF  POLICIES ESTABLISHED BY AFFILIATED NONPROFIT
 ORGANIZATIONS AND FOUNDATIONS.
   4. FAILURE BY AN AFFILIATED NONPROFIT ORGANIZATION  OR  FOUNDATION  TO
 COMPLY  WITH  ANY  PROVISION OF THIS SECTION SHALL RENDER THE AFFILIATED
 NONPROFIT ORGANIZATION OR FOUNDATION INELIGIBLE TO RECEIVE STATE AID  OR
 ASSISTANCE  OR  ANY  AID  OR ASSISTANCE FROM THE STATE UNIVERSITY OF NEW
 YORK, THE CITY UNIVERSITY OF NEW YORK OR THE RESPECTIVE  CAMPUSES  UNTIL
 THE STATE INSPECTOR GENERAL HAS CERTIFIED THAT SUCH ENTITY IS IN COMPLI-
 ANCE  WITH  THE  PROVISIONS  OF  THIS  SECTION.  UPON A DETERMINATION OF
 NONCOMPLIANCE AND  INELIGIBILITY,  THE  STATE  INSPECTOR  GENERAL  SHALL
 PROVIDE  THE  ORGANIZATION  WITH  WRITTEN  NOTICE OF SUCH FINAL DETERMI-
 NATION, INCLUDING THE BASIS THEREOF, WHICH SHALL BE  SUBJECT  TO  REVIEW
 PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART I
 
   Section  1. The public officers law is amended by adding a new article
 5-A to read as follows:
 
                                ARTICLE 5-A
          OFFICE OF THE NEW YORK PORT AUTHORITY INSPECTOR GENERAL

 S. 2010                            38                            A. 3010
 
 SECTION 81. JURISDICTION.
         82. ESTABLISHMENT AND ORGANIZATION.
         83. FUNCTIONS AND DUTIES.
   §  81. JURISDICTION. 1. THIS ARTICLE SHALL, SUBJECT TO THE LIMITATIONS
 CONTAINED HEREIN, CONFER UPON THE OFFICE OF THE NEW YORK PORT  AUTHORITY
 INSPECTOR  GENERAL,  JURISDICTION  OVER  NEW YORK-RELATED PORT AUTHORITY
 CONDUCT.  NOTHING CONTAINED IN THIS SECTION SHALL  REPLACE  OR  DIMINISH
 THE JURISDICTION OF THE ATTORNEY GENERAL OR LOCAL DISTRICT ATTORNEY.
   2.  FOR PURPOSES OF THIS ARTICLE: (A) "NEW YORK-RELATED PORT AUTHORITY
 CONDUCT" SHALL MEAN ANY PORT AUTHORITY ACTION WITH A NEXUS TO THE  STATE
 OF  NEW YORK OR ITS RESIDENTS AND INVOLVES AN ACTION ENGAGED IN BY A NEW
 YORK COMMISSIONER OR MANAGERIAL APPOINTEE OR MANAGERIAL EMPLOYEE OF  THE
 PORT AUTHORITY.
   (B) "PORT AUTHORITY" SHALL MEAN THE PORT AUTHORITY OF NEW YORK AND NEW
 JERSEY AS CREATED BY CHAPTER ONE HUNDRED FIFTY-FOUR OF THE LAWS OF NINE-
 TEEN HUNDRED TWENTY-ONE.
   (C)  "NEW YORK COMMISSIONER" SHALL MEAN COMMISSIONERS APPOINTED BY THE
 GOVERNOR OF NEW YORK TO THE PORT AUTHORITY OF NEW YORK  AND  NEW  JERSEY
 PURSUANT  TO  ARTICLE  FOUR OF SECTION ONE OF CHAPTER ONE HUNDRED FIFTY-
 FOUR OF THE LAWS OF NINETEEN HUNDRED TWENTY-ONE, AS AMENDED  BY  CHAPTER
 FOUR HUNDRED NINETEEN OF THE LAWS OF NINETEEN HUNDRED THIRTY.
   (D) "MANAGERIAL APPOINTEE OR MANAGERIAL EMPLOYEE" SHALL MEAN ANY INDI-
 VIDUAL  WHO: (I)   FORMULATES POLICY; (II) MAY REASONABLY BE REQUIRED TO
 ASSIST DIRECTLY IN THE  PREPARATION  FOR  AND  CONDUCT  OF  NEGOTIATIONS
 CONCERNING  MAJOR FISCAL MATTERS OR EXPENDITURES PROVIDED THAT SUCH ROLE
 IS NOT OF A ROUTINE OR CLERICAL NATURE  AND  REQUIRES  THE  EXERCISE  OF
 INDEPENDENT JUDGMENT; OR (III) HAS A MAJOR ROLE IN THE ADMINISTRATION OF
 PERSONNEL  AGREEMENTS OR IN PERSONNEL ADMINISTRATION, PROVIDED THAT SUCH
 ROLE IS NOT OF A ROUTINE OR CLERICAL NATURE AND REQUIRES THE EXERCISE OF
 INDEPENDENT JUDGMENT.
   3. EVERY NEW YORK COMMISSIONER AND MANAGERIAL APPOINTEE OR  MANAGERIAL
 EMPLOYEE  SHALL  REPORT  PROMPTLY  TO  THE  OFFICE  OF THE NEW YORK PORT
 AUTHORITY INSPECTOR GENERAL OR OTHER APPROPRIATE LAW  ENFORCEMENT  OFFI-
 CIAL  ANY NEW YORK-RELATED PORT AUTHORITY CONDUCT CONCERNING CORRUPTION,
 FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST  OR  ABUSE,  BY  ANOTHER
 RELATING TO HIS OR HER OFFICE OR EMPLOYMENT, OR BY A PERSON HAVING BUSI-
 NESS  DEALINGS WITH THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY RELAT-
 ING TO THOSE DEALINGS. THE KNOWING FAILURE OF ANY NEW YORK  COMMISSIONER
 OR  MANAGERIAL  APPOINTEE  OR  MANAGERIAL EMPLOYEE TO SO REPORT SHALL BE
 CAUSE FOR REMOVAL FROM OFFICE  OR  OTHER  APPROPRIATE  PENALTY  PROVIDED
 HOWEVER,  THAT  NOTICE  AND AN OPPORTUNITY TO BE HEARD SHALL BE AFFORDED
 OFFICERS AND EMPLOYEES IN ACCORDANCE WITH PROVISIONS INCLUDED WITHIN  AN
 EXISTING  COLLECTIVE  BARGAINING AGREEMENT.   THE OFFICE OF THE NEW YORK
 PORT AUTHORITY INSPECTOR GENERAL SHALL NOTIFY, UPON HIRING AND ANNUALLY,
 EVERY NEW YORK COMMISSIONER, AND EVERY MANAGERIAL APPOINTEE OR MANAGERI-
 AL EMPLOYEE IN WRITING OF THEIR RIGHTS AND RESPONSIBILITIES  UNDER  THIS
 ARTICLE.
   §  82.  ESTABLISHMENT AND ORGANIZATION. 1. THERE IS HEREBY ESTABLISHED
 THE OFFICE OF THE NEW YORK PORT AUTHORITY INSPECTOR GENERAL IN THE EXEC-
 UTIVE DEPARTMENT.  THE HEAD OF THE OFFICE SHALL BE  THE  NEW  YORK  PORT
 AUTHORITY INSPECTOR GENERAL WHO SHALL BE APPOINTED BY THE GOVERNOR.
   2.  THE  NEW  YORK  PORT AUTHORITY INSPECTOR GENERAL SHALL HOLD OFFICE
 UNTIL THE END OF THE TERM  OF  THE  GOVERNOR  BY  WHOM  HE  OR  SHE  WAS
 APPOINTED AND UNTIL HIS OR HER SUCCESSOR IS APPOINTED AND HAS QUALIFIED.

 S. 2010                            39                            A. 3010
 
   3.  THE  NEW  YORK PORT AUTHORITY INSPECTOR GENERAL MAY APPOINT ONE OR
 MORE DEPUTY OFFICERS TO SERVE AT HIS  OR  HER  PLEASURE,  WHO  SHALL  BE
 RESPONSIBLE FOR CONDUCTING INVESTIGATIONS.
   4.  THE  SALARY OF THE NEW YORK PORT AUTHORITY INSPECTOR GENERAL SHALL
 BE ESTABLISHED BY THE GOVERNOR  WITHIN  THE  LIMIT  OF  FUNDS  AVAILABLE
 THEREFOR.
   §  83.  FUNCTIONS  AND DUTIES.   THE NEW YORK PORT AUTHORITY INSPECTOR
 GENERAL SHALL HAVE THE FOLLOWING DUTIES AND RESPONSIBILITIES:
   1. RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE, OR UPON HIS  OR
 HER  OWN INITIATIVE, CONCERNING ALLEGATIONS OF CORRUPTION, FRAUD, CRIMI-
 NAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE  IN  ANY  NEW  YORK-RELATED
 PORT  AUTHORITY CONDUCT COMMITTED BY A NEW YORK COMMISSIONER, MANAGERIAL
 APPOINTEE OR MANAGERIAL EMPLOYEE;
   2. INFORM THE NEW YORK  COMMISSIONERS  OF  SUCH  ALLEGATIONS  AND  THE
 PROGRESS OF INVESTIGATIONS RELATED THERETO, UNLESS SPECIAL CIRCUMSTANCES
 REQUIRE CONFIDENTIALITY, PROVIDED THAT THE INSPECTOR GENERAL SHALL MAIN-
 TAIN  A  WRITTEN  RECORD  THAT  SPECIFIES  THE REASON CONFIDENTIALITY IS
 NECESSARY UNDER THIS SUBDIVISION;
   3. DETERMINE WITH RESPECT TO SUCH ALLEGATIONS WHETHER  CIVIL OR CRIMI-
 NAL PROSECUTION, OR FURTHER INVESTIGATION  BY  AN  APPROPRIATE  FEDERAL,
 STATE  OR  LOCAL  AGENCY  IS  WARRANTED,  AND TO ASSIST IN SUCH INVESTI-
 GATIONS;
   4. PREPARE AND RELEASE TO THE PUBLIC WRITTEN REPORTS OF SUCH  INVESTI-
 GATIONS,  AS  APPROPRIATE AND TO THE EXTENT PERMITTED BY LAW, SUBJECT TO
 REDACTION TO PROTECT THE CONFIDENTIALITY OF WITNESSES.  THE  RELEASE  OF
 ALL OR PORTIONS OF SUCH REPORTS MAY BE DEFERRED TO PROTECT THE CONFIDEN-
 TIALITY  OF  ONGOING INVESTIGATIONS, PROVIDED THAT THE INSPECTOR GENERAL
 SHALL MAINTAIN A WRITTEN RECORD THAT SPECIFIES THE REASON CONFIDENTIALI-
 TY IS NECESSARY UNDER THIS SUBDIVISION;
   5. REVIEW AND EXAMINE PERIODICALLY THE POLICIES AND PROCEDURES OF  NEW
 YORK COMMISSIONERS AND ANY MANAGERIAL APPOINTEES OR MANAGERIAL EMPLOYEES
 WITH REGARD TO THE PREVENTION AND DETECTION OF CORRUPTION, FRAUD, CRIMI-
 NAL  ACTIVITY,  CONFLICTS  OF INTEREST OR ABUSE IN NEW YORK-RELATED PORT
 AUTHORITY CONDUCT;
   6. RECOMMEND REMEDIAL  ACTION  TO  PREVENT  OR  ELIMINATE  CORRUPTION,
 FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN NEW YORK-RE-
 LATED PORT AUTHORITY CONDUCT; AND
   7.  ESTABLISH  PROGRAMS  FOR  TRAINING  NEW YORK COMMISSIONERS AND ANY
 MANAGERIAL APPOINTEES OR MANAGERIAL EMPLOYEES REGARDING  THE  PREVENTION
 AND  ELIMINATION  OF  CORRUPTION, FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF
 INTEREST OR ABUSE IN NEW YORK-RELATED PORT AUTHORITY CONDUCT.
   § 2. Subdivision 32 of section 1.20 of the criminal procedure law,  as
 amended  by  section  4 of part A of chapter 501 of the laws of 2012, is
 amended to read as follows:
   32. "District  attorney"  means  a  district  attorney,  an  assistant
 district  attorney  or a special district attorney, and, where appropri-
 ate, the attorney general,  an  assistant  attorney  general,  a  deputy
 attorney  general,  a  special deputy attorney general, [or] the special
 prosecutor and inspector general  for  the  protection  of  people  with
 special  needs  or  his  or her assistants when acting pursuant to their
 duties in matters arising under article twenty of the executive law,  OR
 THE  PORT  AUTHORITY  INSPECTOR  GENERAL  OR  HIS OR HER ASSISTANTS WHEN
 ACTING PURSUANT TO ARTICLE FIVE-A OF THE PUBLIC OFFICERS LAW.
   § 3. Section 39 of the public officers law, as amended by chapter  122
 of the laws of 1947, is amended to read as follows:

 S. 2010                            40                            A. 3010
 
   § 39. Filling vacancies in office of officer appointed by governor and
 senate. 1. A vacancy which shall occur during the session of the senate,
 in  the  office  of an officer appointed by the governor by and with the
 advice and consent of the senate, shall be filled in the same manner  as
 an  original appointment. Such a vacancy occurring or existing while the
 senate is not in session, including offices in which officers are  hold-
 ing  over  pursuant to the provisions of section five of this chapter or
 any other law, and offices vacant during  the  session  of  the  senate,
 shall  be  filled by the governor for a term which shall expire upon the
 appointment and qualification of a successor but in any event such  term
 shall expire at the end of twenty days from the commencement of the next
 meeting of the senate.
   2.  NOTWITHSTANDING  SUBDIVISION ONE OF THIS SECTION, OR ANY OTHER LAW
 TO THE CONTRARY, THE GOVERNOR MAY FILL A VACANCY IN A  POSITION  AT  THE
 PORT  AUTHORITY OF NEW YORK AND NEW JERSEY, AS CREATED PURSUANT TO CHAP-
 TER ONE HUNDRED FIFTY-FOUR OF THE LAWS OF NINETEEN  HUNDRED  TWENTY-ONE,
 AT  ANY  TIME  THE SENATE IS ADJOURNED AND SCHEDULED TO RECONVENE AT THE
 CALL OF THE TEMPORARY PRESIDENT, OR, IF AFTER JUNE THIRTIETH, THE SENATE
 IS SCHEDULED TO RECONVENE MORE THAN SEVEN DAYS  AFTER  ADJOURNMENT.  ANY
 APPOINTMENT  MADE  PURSUANT  TO THIS SUBDIVISION SHALL BE SUBJECT TO THE
 CONFIRMATION OF THE SENATE ONCE THE SENATE RECONVENES.  ANY  APPOINTMENT
 MADE  PURSUANT  TO  THIS SUBDIVISION SHALL CONTINUE UNTIL THE SENATE HAS
 ACTED ON SUCH APPOINTMENT. FOR PURPOSES OF THIS SUBDIVISION, THE  LENGTH
 OF  AN ADJOURNMENT SHALL BE CALCULATED FROM THE DATE THE SENATE IS FIRST
 ADJOURNED UNTIL THE DATE THE ENTIRE SENATE ACTUALLY RECONVENES.
   § 4. This act shall take effect  immediately;  provided  however  that
 section  one  of this act shall take effect on the one hundred twentieth
 day after it shall have become a law.
 
                                  PART J
 
   Section 1. The education law is amended by adding a new article  4  to
 read as follows:
                                 ARTICLE 4
        OFFICE OF THE STATE EDUCATION DEPARTMENT INSPECTOR GENERAL
 SECTION 190. JURISDICTION.
         191. ESTABLISHMENT AND ORGANIZATION.
         192. FUNCTIONS AND DUTIES.
         193. POWERS.
         194. RESPONSIBILITIES OF DEPARTMENT OFFICERS AND EMPLOYEES.
   §  190.  JURISDICTION.  THIS ARTICLE SHALL, SUBJECT TO THE LIMITATIONS
 CONTAINED HEREIN, CONFER CERTAIN JURISDICTION UPON  THE  OFFICE  OF  THE
 STATE EDUCATION DEPARTMENT INSPECTOR GENERAL OVER OFFICERS AND EMPLOYEES
 OF THE DEPARTMENT.
   § 191. ESTABLISHMENT AND ORGANIZATION. 1. THERE IS HEREBY ESTABLISHED,
 THE OFFICE OF THE STATE EDUCATION DEPARTMENT INSPECTOR GENERAL, AN INDE-
 PENDENT  OFFICE  WITHIN  THE DEPARTMENT. THE HEAD OF THE OFFICE SHALL BE
 THE STATE EDUCATION DEPARTMENT INSPECTOR GENERAL AND  HE  OR  SHE  SHALL
 HOLD  OFFICE FOR A TERM OF FIVE YEARS AT WHICH TIME A SUCCESSOR SHALL BE
 APPOINTED.  THE INITIAL TERM OF THE STATE EDUCATION DEPARTMENT INSPECTOR
 GENERAL SHALL FIRST COMMENCE ON JUNE FIRST, TWO THOUSAND SEVENTEEN.
   2. APPOINTMENT. THE STATE EDUCATION DEPARTMENT INSPECTOR GENERAL SHALL
 BE APPOINTED BY THE LEGISLATURE BY CONCURRENT RESOLUTION AND ANY VACANCY
 MAY BE FILLED FOR THE REMAINDER OF AN  UNEXPIRED  TERM  CAUSED  BY  SUCH
 VACANCY IN THE SAME MANNER.

 S. 2010                            41                            A. 3010
 
   3.  THE  STATE  EDUCATION  DEPARTMENT INSPECTOR GENERAL SHALL HAVE NOT
 LESS THAN TEN YEARS PROFESSIONAL EXPERIENCE IN  LAW,  INVESTIGATION,  OR
 AUDITING.  THE STATE EDUCATION DEPARTMENT INSPECTOR GENERAL SHALL REPORT
 TO THE BOARD OF REGENTS. THE STATE EDUCATION DEPARTMENT INSPECTOR GENER-
 AL MAY BE REMOVED DURING HIS OR HER TERM BY CONCURRENT RESOLUTION OF THE
 LEGISLATURE  PROVIDED  THAT  SUCH  REMOVAL SHALL ONLY BE FOR SUBSTANTIAL
 NEGLECT OF DUTY,  GROSS  MISCONDUCT  IN  OFFICE,  OR  THE  INABILITY  TO
 DISCHARGE  THE POWERS OR DUTIES OF OFFICE. PROVIDED FURTHER SUCH CONCUR-
 RENT RESOLUTION SHALL ONLY BE MADE UPON RECOMMENDATION OF THE  BOARD  OF
 REGENTS,  OR  UPON FINDINGS OF SUCH NEGLECT OF DUTY, GROSS MISCONDUCT OR
 INABILITY TO DISCHARGE THE POWERS OR DUTIES OF OFFICE.
   § 192. FUNCTIONS AND DUTIES. THE STATE EDUCATION DEPARTMENT  INSPECTOR
 GENERAL SHALL HAVE THE FOLLOWING DUTIES AND RESPONSIBILITIES:
   1.  RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE, OR UPON HIS OR
 HER OWN INITIATIVE, CONCERNING ALLEGATIONS OF CORRUPTION, FRAUD,  CRIMI-
 NAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN THE DEPARTMENT, PROVIDED
 THAT THE STATE EDUCATION DEPARTMENT INSPECTOR GENERAL SHALL CONSULT WITH
 THE  BOARD OF REGENTS ETHICS COMMITTEE AND THE DEPARTMENT'S ETHICS OFFI-
 CER REGARDING INVESTIGATIONS RELATED TO CONDUCT UNDER THE  PUBLIC  OFFI-
 CERS LAW;
   2.  INFORM  THE  BOARD OF REGENTS AND COMMISSIONER OF SUCH ALLEGATIONS
 AND THE PROGRESS  OF  INVESTIGATIONS  RELATED  THERETO,  UNLESS  SPECIAL
 CIRCUMSTANCES RELATING TO A SPECIFIC ALLEGATION OR INVESTIGATION REQUIRE
 CONFIDENTIALITY,  PROVIDED,  HOWEVER,  THE  STATE  EDUCATION  DEPARTMENT
 INSPECTOR GENERAL SHALL REGULARLY  REVIEW  ANY  DECISION  TO  KEEP  SUCH
 INFORMATION  CONFIDENTIAL AND MAINTAIN CONTEMPORARY WRITTEN RECORDS THAT
 SPECIFY THE REASON CONFIDENTIALITY IS NECESSARY;
   3. DETERMINE WITH RESPECT TO  SUCH  ALLEGATIONS  WHETHER  DISCIPLINARY
 ACTION,  CIVIL  OR  CRIMINAL PROSECUTION, OR FURTHER INVESTIGATION BY AN
 APPROPRIATE FEDERAL, STATE OR LOCAL AGENCY IS WARRANTED, AND  TO  ASSIST
 IN SUCH INVESTIGATIONS;
   4.  PREPARE AND RELEASE TO THE PUBLIC WRITTEN REPORTS OF SUCH INVESTI-
 GATIONS, AS APPROPRIATE AND TO THE EXTENT PERMITTED BY LAW,  SUBJECT  TO
 REDACTION  TO  PROTECT  THE CONFIDENTIALITY OF WITNESSES. THE RELEASE OF
 ALL OR PORTIONS OF SUCH REPORTS MAY BE DEFERRED TO PROTECT THE CONFIDEN-
 TIALITY OF ONE OR MORE SPECIFIC ONGOING INVESTIGATIONS, PROVIDED, HOWEV-
 ER, THE STATE EDUCATION DEPARTMENT  INSPECTOR  GENERAL  SHALL  REGULARLY
 REVIEW  ANY  DECISION TO KEEP SUCH INFORMATION CONFIDENTIAL AND MAINTAIN
 CONTEMPORARY WRITTEN RECORDS THAT SPECIFY THE REASON CONFIDENTIALITY  IS
 NECESSARY;
   5.  REVIEW AND EXAMINE PERIODICALLY THE POLICIES AND PROCEDURES OF THE
 DEPARTMENT WITH REGARD TO THE PREVENTION AND  DETECTION  OF  CORRUPTION,
 FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE;
   6.   RECOMMEND  REMEDIAL  ACTION  DESIGNED  TO  PREVENT  OR  ELIMINATE
 CORRUPTION, FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE  IN
 THE DEPARTMENT; AND
   7.    ESTABLISH PROGRAMS FOR TRAINING STATE EDUCATION DEPARTMENT OFFI-
 CERS AND EMPLOYEES  DESIGNED  FOR  THE  PREVENTION  AND  ELIMINATION  OF
 CORRUPTION,  FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN
 THE DEPARTMENT. THE DEPARTMENT SHALL ANNUALLY NOTIFY  ALL  OFFICERS  AND
 EMPLOYEES  IN  WRITING  OF  THEIR RIGHTS AND RESPONSIBILITIES UNDER THIS
 SECTION AND SHALL PROVIDE TRAINING TO ALL  NEW  OFFICERS  AND  EMPLOYEES
 AND,  ON AN ANNUAL BASIS, ALL EXISTING OFFICERS AND EMPLOYEES, REGARDING
 THIS ARTICLE OF LAW AND SUCH RIGHTS AND RESPONSIBILITIES, INCLUDING  BUT
 NOT  LIMITED  TO  THE RESPONSIBILITIES UNDER SECTION ONE HUNDRED NINETY-
 FOUR OF THIS ARTICLE. THE  DEPARTMENT  SHALL  USE  MULTIPLE  METHODS  TO

 S. 2010                            42                            A. 3010
 
 EDUCATE  OFFICERS  AND EMPLOYEES ABOUT THIS SECTION AND MAY INCLUDE SUCH
 TRAINING  IN  EXISTING  PROFESSIONAL  DEVELOPMENT  AND  STAFF   TRAINING
 PROGRAMS FOR OFFICERS AND EMPLOYEES.
   §  193. POWERS. THE STATE EDUCATION DEPARTMENT INSPECTOR GENERAL SHALL
 HAVE THE POWER TO:
   1. SUBPOENA AND ENFORCE THE ATTENDANCE OF WITNESSES;
   2. ADMINISTER OATHS OR AFFIRMATIONS AND EXAMINE WITNESSES UNDER OATH;
   3. REQUIRE THE PRODUCTION OF ANY BOOKS AND PAPERS THAT ARE MATERIAL TO
 ANY INVESTIGATION, EXAMINATION OR REVIEW PROVIDED THAT THE PRODUCTION OF
 SUCH MATERIALS SHALL BE SUBJECT TO APPLICABLE FEDERAL  LAWS  RELATED  TO
 CONFIDENTIALITY  AND  DISCLOSURE,  INCLUDING  BUT  NOT  LIMITED TO THOSE
 RELATED TO EDUCATION RECORDS AND STUDENT INFORMATION;
   4. EXAMINE AND COPY  OR  REMOVE  DOCUMENTS  OR  RECORDS  OF  ANY  KIND
 PREPARED,  MAINTAINED  OR HELD BY THE DEPARTMENT PROVIDED THAT THE EXAM-
 INATION, COPY, OR REMOVAL OF SUCH MATERIALS SHALL BE SUBJECT TO APPLICA-
 BLE FEDERAL LAWS RELATED TO CONFIDENTIALITY  AND  DISCLOSURE,  INCLUDING
 BUT NOT LIMITED TO THOSE RELATED TO EDUCATION RECORDS AND STUDENT INFOR-
 MATION;
   5.  REQUIRE  ANY OFFICER OR EMPLOYEE OF THE DEPARTMENT TO ANSWER QUES-
 TIONS CONCERNING CORRUPTION,  FRAUD,  CRIMINAL  ACTIVITY,  CONFLICTS  OF
 INTEREST OR ABUSE IN THE DEPARTMENT RELATED TO THE PERFORMANCE OF HIS OR
 HER  OFFICIAL  DUTIES.  NO STATEMENT OR OTHER EVIDENCE DERIVED THEREFROM
 MAY BE USED AGAINST SUCH OFFICER OR EMPLOYEE IN ANY SUBSEQUENT  CRIMINAL
 PROSECUTION  OTHER THAN FOR PERJURY OR CONTEMPT ARISING FROM SUCH TESTI-
 MONY. THE REFUSAL OF ANY OFFICER OR EMPLOYEE TO ANSWER  QUESTIONS  SHALL
 BE  CAUSE  FOR  REMOVAL  FROM  OFFICE  OR EMPLOYMENT OR OTHER APPLICABLE
 PENALTY, PROVIDED, HOWEVER, THAT NOTICE  AND  OPPORTUNITY  TO  BE  HEARD
 SHALL  BE  AFFORDED  TO  ANY  SUCH  OFFICER  OR  EMPLOYEE, AND PROVIDED,
 FURTHER, THAT ANY SUCH OFFICER OR EMPLOYEE SHALL HAVE A RIGHT TO  REPRE-
 SENTATION  BY  HIS  OR  HER  CERTIFIED OR RECOGNIZED OFFICER OR EMPLOYEE
 ORGANIZATION PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE  LAW  AND
 SHALL  BE NOTIFIED, IN ADVANCE OF SUCH OPPORTUNITY TO BE HEARD, IN WRIT-
 ING, OF SUCH RIGHT. ANY OFFICER  OR  EMPLOYEE  WITHOUT  A  CERTIFIED  OR
 RECOGNIZED OFFICER OR EMPLOYEE ORGANIZATION PURSUANT TO ARTICLE FOURTEEN
 OF  THE  CIVIL  SERVICE LAW SHALL ALSO HAVE THE OPPORTUNITY TO REPRESEN-
 TATION OF HIS OR HER CHOICE AND SHALL BE NOTIFIED, IN  ADVANCE  OF  SUCH
 OPPORTUNITY TO BE HEARD, IN WRITING, OF SUCH RIGHT;
   6. MONITOR THE IMPLEMENTATION BY THE DEPARTMENT OF ANY RECOMMENDATIONS
 MADE BY THE STATE EDUCATION DEPARTMENT INSPECTOR GENERAL; AND
   7.  REFER  TO  THE  STATE INSPECTOR GENERAL ANY INFORMATION CONCERNING
 MATTERS WITHIN THE STATE INSPECTOR GENERAL'S JURISDICTION.
   § 194. RESPONSIBILITIES OF DEPARTMENT OFFICERS AND EMPLOYEES. 1. EVERY
 OFFICER AND EMPLOYEE OF THE DEPARTMENT  SHALL  REPORT  PROMPTLY  TO  THE
 STATE  EDUCATION  DEPARTMENT  INSPECTOR GENERAL OR OTHER APPROPRIATE LAW
 ENFORCEMENT OFFICER OR DEPARTMENT OFFICIAL  ANY  INFORMATION  CONCERNING
 CORRUPTION,  FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE BY
 ANOTHER OFFICER OR EMPLOYEE RELATING TO HIS OR HER OFFICE OR EMPLOYMENT,
 OR BY A PERSON HAVING BUSINESS DEALINGS WITH THE DEPARTMENT RELATING  TO
 THOSE  DEALINGS.  THE  KNOWING  FAILURE OF ANY OFFICER OR EMPLOYEE TO SO
 REPORT SHALL BE CAUSE FOR REMOVAL FROM EMPLOYMENT OR APPLICABLE PENALTY,
 PROVIDED, HOWEVER, THAT NOTICE AND OPPORTUNITY  TO  BE  HEARD  SHALL  BE
 AFFORDED TO ANY SUCH OFFICER OR EMPLOYEE AND PROVIDED, FURTHER, THAT ANY
 SUCH  OFFICER OR EMPLOYEE SHALL HAVE A RIGHT TO REPRESENTATION BY HIS OR
 HER CERTIFIED OR RECOGNIZED OFFICER OR EMPLOYEE ORGANIZATION PURSUANT TO
 ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW  AND  SHALL  BE  NOTIFIED,  IN
 ADVANCE  OF SUCH OPPORTUNITY TO BE HEARD, IN WRITING, OF SUCH RIGHT. ANY

 S. 2010                            43                            A. 3010
 
 OFFICER OR EMPLOYEE WITHOUT A CERTIFIED OR RECOGNIZED OFFICER OR EMPLOY-
 EE ORGANIZATION PURSUANT TO ARTICLE FOURTEEN OF THE  CIVIL  SERVICE  LAW
 SHALL  ALSO  HAVE THE OPPORTUNITY TO REPRESENTATION OF HIS OR HER CHOICE
 AND  SHALL  BE  NOTIFIED, IN ADVANCE OF SUCH OPPORTUNITY TO BE HEARD, IN
 WRITING, OF SUCH RIGHT. ANY OFFICER OR EMPLOYEE  WHO  ACTS  PURSUANT  TO
 THIS  SUBDIVISION BY REPORTING TO THE STATE EDUCATION DEPARTMENT INSPEC-
 TOR GENERAL, OR  OTHER  APPROPRIATE  OFFICER  OR  OFFICIAL,  CORRUPTION,
 FRAUD,  CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN THE DEPART-
 MENT, OR IMPROPER GOVERNMENTAL ACTION AS  DEFINED  IN  SECTION  SEVENTY-
 FIVE-B  OF  THE  CIVIL  SERVICE  LAW  SHALL NOT BE SUBJECT TO DISMISSAL,
 DISCIPLINE OR OTHER ADVERSE PERSONNEL ACTION.
   2. THE BOARD OF REGENTS AND THE COMMISSIONER SHALL ADVISE THE GOVERNOR
 AND THE LEGISLATURE WITHIN NINETY DAYS OF THE ISSUANCE OF  A  REPORT  BY
 THE  STATE  EDUCATION  DEPARTMENT  INSPECTOR  GENERAL AS TO THE REMEDIAL
 ACTION THAT THE DEPARTMENT HAS TAKEN IN RESPONSE TO  ANY  RECOMMENDATION
 FOR SUCH ACTION CONTAINED IN SUCH REPORT.
   §  2.  This act shall take effect immediately; provided, however, that
 subdivision 1 of section 194 of the education law as  added  by  section
 one of this act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART K
 
   Section 1. The executive law is amended by adding a new section 204 to
 read as follows:
   §  204.  CHIEF PROCUREMENT OFFICER. THERE SHALL BE A CHIEF PROCUREMENT
 OFFICER, APPOINTED BY THE GOVERNOR, FOR THE STATE OF NEW YORK WHO  SHALL
 SERVE  AS  THE  PRINCIPAL  OFFICER  TASKED  WITH  OVERSIGHT OF ALL STATE
 PROCUREMENTS,  UNDER  THE  DIRECTION  OF  THE  COMMISSIONER  OF  GENERAL
 SERVICES,  WHOSE  DUTIES  SHALL INCLUDE, BUT NOT BE LIMITED TO, ENSURING
 THE WISE AND PRUDENT USE OF PUBLIC MONEY IN THE  BEST  INTEREST  OF  THE
 TAXPAYERS  OF  THE  STATE AND GUARDING AGAINST FAVORITISM, IMPROVIDENCE,
 EXTRAVAGANCE, FRAUD AND CORRUPTION IN CONNECTION WITH  ALL  PROCUREMENTS
 OF  STATE  AGENCIES AS SUCH TERM IS DEFINED IN SECTION ONE HUNDRED SIXTY
 OF THE STATE FINANCE LAW AND PUBLIC AUTHORITIES AS SUCH TERM IS  DEFINED
 IN  SECTION  TWO  OF  THE  PUBLIC AUTHORITIES LAW. THE CHIEF PROCUREMENT
 OFFICER SHALL HAVE THE  AUTHORIZATION  TO  REVIEW  ANY  PROCUREMENT  AND
 REPORT PROMPTLY ANY SUSPICION OR ALLEGATION OF CORRUPTION, FRAUD, CRIMI-
 NAL  ACTIVITY,  CONFLICTS OF INTEREST OR ABUSE IN ANY AGENCY OR AUTHORI-
 TY'S PROCUREMENT TO THE OFFICE OF THE STATE INSPECTOR GENERAL FOR APPRO-
 PRIATE ACTION. PRIOR TO MAKING SUCH  A  REPORT,  THE  CHIEF  PROCUREMENT
 OFFICER  SHALL  INFORM  THE  COMMISSIONER  AND THE HEADS OF THE RELEVANT
 AGENCIES AND  AUTHORITIES  OF  SUCH  SUSPICION  OR  ALLEGATION  AND  THE
 PROGRESS OF INVESTIGATIONS RELATED THERETO, UNLESS SPECIAL CIRCUMSTANCES
 REQUIRE CONFIDENTIALITY.
   §  2. Paragraph a of subdivision 1 of section 161 of the state finance
 law, as amended by chapter 452 of the laws of 2012, is amended  to  read
 as follows:
   a.  The state procurement council shall continuously strive to improve
 the state's procurement process.  Such council shall consist  of  [twen-
 ty-one]  TWENTY-TWO  members, including THE CHIEF PROCUREMENT OFFICER AS
 ESTABLISHED PURSUANT TO SECTION TWO HUNDRED FOUR OF THE  EXECUTIVE  LAW,
 the commissioner, the state comptroller, the director of the budget, the
 chief diversity officer and the commissioner of economic development, or
 their  respective  designees;  seven  members  who shall be the heads of
 other large and small state agencies chosen by the  governor,  or  their

 S. 2010                            44                            A. 3010
 
 respective  designees; one member, appointed by the governor, represent-
 ing a not-for-profit New York-based organization engaged in the  market-
 ing and/or promotion of New York grown farm and agricultural products or
 a not-for-profit New York-based organization engaged solely in the advo-
 cacy,  marketing  and/or  promotion  of  organic New York grown farm and
 agricultural products to be limited to a two year  term;  and  eight  at
 large  members  appointed  as  follows: three appointed by the temporary
 president of the senate, one of whom shall be a representative of  local
 government  and  one  of whom shall be a representative of private busi-
 ness; three appointed by the speaker of the assembly, one of whom  shall
 be  a  representative  of  local  government  and one of whom shall be a
 representative of private business; one appointed by the minority leader
 of the senate; and, one appointed by the minority leader of  the  assem-
 bly; and two non-voting observers appointed as follows: one appointed by
 the  temporary  president of the senate and one appointed by the speaker
 of the assembly. The non-voting observers shall be provided, contempora-
 neously, all documentation and materials  distributed  to  members.  The
 council  shall be chaired by THE CHIEF PROCUREMENT OFFICER, OR, IF THERE
 IS NO CHIEF PROCUREMENT OFFICER, THEN BY the commissioner and shall meet
 at least quarterly.
   § 3. Subdivision 1 of section 55 of the executive  law,  as  added  by
 chapter 766 of the laws of 2005, is amended to read as follows:
   1.  Every state officer or employee in a covered agency, AND THE CHIEF
 PROCUREMENT OFFICER APPOINTED BY THE GOVERNOR AS ESTABLISHED BY  SECTION
 TWO  HUNDRED  FOUR  OF  THE  EXECUTIVE LAW, shall report promptly to the
 state inspector general any information  concerning  corruption,  fraud,
 criminal activity, conflicts of interest or abuse by another state offi-
 cer  or  employee  relating  to his or her office or employment, or by a
 person having business dealings with a covered agency relating to  those
 dealings.  The  knowing  failure of any officer or employee to so report
 shall be cause for removal from office or employment or other  appropri-
 ate  penalty. Any officer or employee who acts pursuant to this subdivi-
 sion by reporting to the state inspector general  improper  governmental
 action  as  defined  in  section seventy-five-b of the civil service law
 shall not be subject to dismissal, discipline or other adverse personnel
 action.
   § 4. Paragraphs (a), (c), and (d) of subdivision 5 and  paragraph  (a)
 of  subdivision  8  of section 2879 of the public authorities law, para-
 graph (a) of subdivision 5 as amended by chapter  531  of  the  laws  of
 1993,  paragraphs (c) and (d) of subdivision 5 as amended by chapter 383
 of the laws of 2000, and paragraph (a) of subdivision 8  as  amended  by
 chapter 844 of the laws of 1992, are amended to read as follows:
   (a)  Each corporation shall notify the commissioner of economic devel-
 opment AND THE CHIEF PROCUREMENT  OFFICER  AS  DEFINED  IN  SECTION  TWO
 HUNDRED  FOUR  OF  THE  EXECUTIVE  LAW,  of  the  award of a procurement
 contract for the purchase of goods or services from a  foreign  business
 enterprise  in  an  amount  equal to or greater than one million dollars
 simultaneously with notifying the successful bidder therefor. No  corpo-
 ration shall thereafter enter into a procurement contract for said goods
 or services until at least fifteen days has elapsed, except for procure-
 ment  contracts  awarded on an emergency or critical basis, or where the
 commissioner of economic  development  waives  the  provisions  of  this
 sentence.  The  notification to the commissioner of economic development
 AND THE CHIEF PROCUREMENT OFFICER shall include the  name,  address  and
 telephone  and  facsimile  number  of the foreign business enterprise, a
 brief description of the goods or services to be  obtained  pursuant  to

 S. 2010                            45                            A. 3010
 
 the  proposed  procurement contract, the amount of the proposed procure-
 ment contract, the term of the proposed procurement  contract,  and  the
 name  of  the individual at the foreign business enterprise or acting on
 behalf  of  the  same  who  is  principally responsible for the proposed
 procurement contract. Such notification shall be used by the commission-
 er of economic development solely to provide notification  to  New  York
 state  business  enterprises  of opportunities to participate as subcon-
 tractors and suppliers on such procurement  contracts,  to  promote  and
 encourage  the location and development of new business in the state, to
 assist New York state business enterprises in obtaining  offset  credits
 from  foreign  countries, and to otherwise investigate, study and under-
 take means of promoting and encouraging the prosperous  development  and
 protection  of  the  legitimate  interest  and welfare of New York state
 business enterprises, industry and commerce.
   (c) In including any additional business enterprises on invitations to
 bid for the procurement of goods or services, the chief executive  offi-
 cer of the corporation shall not include any foreign business enterprise
 which  has  its  principal place of business located in a discriminatory
 jurisdiction contained on the  list  prepared  by  the  commissioner  of
 economic  development pursuant to subdivision six of section one hundred
 sixty-five of the state finance law, except,  however,  business  enter-
 prises  which are New York state business enterprises as defined by this
 section. The corporation may waive the application of the provisions  of
 this  section  whenever  the  chief executive officer of the corporation
 determines in writing that it is in the best interests of the  state  to
 do so. The chief executive officer of the corporation shall deliver each
 such  waiver  to  the commissioner of economic development AND THE CHIEF
 PROCUREMENT OFFICER.
   (d) A corporation shall not enter into a contract with a foreign busi-
 ness enterprise which has its principal place of business located  in  a
 discriminatory  jurisdiction  contained  on  the  list  prepared  by the
 commissioner of economic development  pursuant  to  subdivision  six  of
 section  one hundred sixty-five of the state finance law. The provisions
 of this section may be waived by the  chief  executive  officer  of  the
 corporation if the chief executive officer of the corporation determines
 in  writing  that it is in the best interests of the state to do so. The
 chief executive officer of the corporation shall deliver each such waiv-
 er to the commissioner of economic development AND THE CHIEF PROCUREMENT
 OFFICER.
   (a) Each corporation shall annually submit its report  on  procurement
 contracts  to  the  division  of  the  budget  and copies thereof to the
 department of audit and control, the department of economic development,
 the senate finance committee and the assembly ways and  means  committee
 AND THE CHIEF PROCUREMENT OFFICER.
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
                                  PART L
 
   Section 1. The election law is amended by adding a new section  14-131
 to read as follows:
   § 14-131. GOVERNMENT VENDOR CONTRIBUTIONS. 1. (A) IT SHALL BE UNLAWFUL
 DURING  THE RESTRICTED VENDOR CONTRIBUTION PERIOD FOR ANY PERSON, ORGAN-
 IZATION, GROUP OF PERSONS, OR BUSINESS ENTITY THAT SUBMITS A BID, QUOTA-
 TION, OFFER OR RESPONSE TO A STATE GOVERNMENTAL ENTITY POSTING OR SOLIC-
 ITATION FOR PROCUREMENT TO MAKE A CONTRIBUTION TO  ANY  OFFICEHOLDER  OF

 S. 2010                            46                            A. 3010
 
 THE STATE GOVERNMENTAL ENTITY OR ENTITIES ISSUING SUCH POSTING OR SOLIC-
 ITATION,  EVALUATING  SUCH  RESPONSE  OR APPROVING OR AWARDING THE FINAL
 PROCUREMENT CONTRACT, OR TO ANY CANDIDATE FOR AN OFFICE OF SUCH  GOVERN-
 MENTAL  ENTITY,  INCLUDING TO SUCH OFFICEHOLDER'S OR CANDIDATE'S AUTHOR-
 IZED POLITICAL COMMITTEES.
   (B) FOR PURPOSES OF THIS SECTION THE  ASSEMBLY  AND  SENATE  SHALL  BE
 SEPARATE AND DISTINCT GOVERNMENTAL ENTITIES WHEN A PARTICULAR POSTING OR
 SOLICITATION FOR PROCUREMENT IS ISSUED BY ONLY ONE RESPECTIVE HOUSE.
   (C)  THE  STATE  GOVERNMENTAL  ENTITY DIRECTLY RESPONSIBLE FOR ISSUING
 SUCH POSTING OR SOLICITATION FOR PROCUREMENT SHALL INCLUDE A  NOTICE  OF
 THE  PROHIBITION  ESTABLISHED BY THIS SECTION AND THE STATE GOVERNMENTAL
 ENTITY RESPONSIBLE FOR EVALUATING RESPONSES TO SUCH POSTING OR SOLICITA-
 TION SHALL PROVIDE TO ANY PERSON, ORGANIZATION,  GROUP  OF  PERSONS,  OR
 BUSINESS  ENTITY  THAT SUBMITS A PROPOSAL IN RESPONSE TO SUCH POSTING OR
 SOLICITATION A NOTICE OF THE PROHIBITION ESTABLISHED BY THIS SECTION AND
 THE RESTRICTED VENDOR CONTRIBUTION PERIOD COMMENCEMENT DATE.
   2. AS USED IN THIS SECTION "BUSINESS ENTITY" MEANS A  BUSINESS  CORPO-
 RATION,  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 POLI-
 TICAL ORGANIZATION, INCLUDING BUT NOT LIMITED TO ANY POLITICAL ORGANIZA-
 TION ORGANIZED UNDER SECTION 527 OF THE INTERNAL REVENUE CODE,  THAT  IS
 DIRECTLY OR INDIRECTLY CONTROLLED BY THE BUSINESS ENTITY.
   3. THE RESTRICTED VENDOR CONTRIBUTION PERIOD DESCRIBED IN THIS SECTION
 SHALL  COMMENCE,  WITH RESPECT TO A SPECIFIC PERSON, ORGANIZATION, GROUP
 OF PERSONS, OR BUSINESS ENTITY THAT SUBMITS A BID, QUOTATION,  OFFER  OR
 RESPONSE  TO  THE  STATE GOVERNMENTAL ENTITY POSTING OR SOLICITATION, AT
 THE EARLIEST POSTING, ON A STATE GOVERNMENTAL  ENTITY'S  WEBSITE,  IN  A
 NEWSPAPER  OF  GENERAL  CIRCULATION  OR IN THE PROCUREMENT OPPORTUNITIES
 NEWSLETTER IN ACCORDANCE WITH ARTICLE FOUR-C OF THE ECONOMIC DEVELOPMENT
 LAW OF WRITTEN NOTICE, ADVERTISEMENT OR SOLICITATION OF  A  REQUEST  FOR
 PROPOSAL,  INVITATION  FOR  BIDS,  OR SOLICITATIONS OF PROPOSALS, OR ANY
 OTHER METHOD PROVIDED FOR BY LAW OR REGULATION FOR SOLICITING A RESPONSE
 FROM OFFERERS INTENDING TO RESULT IN A PROCUREMENT CONTRACT WITH A STATE
 GOVERNMENTAL ENTITY. THE RESTRICTED VENDOR CONTRIBUTION PERIOD DOES  NOT
 APPLY  TO  A  PERSON,  ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY
 THAT IS RESPONDING TO A STATE GOVERNMENTAL ENTITY'S REQUEST FOR INFORMA-
 TION OR OTHER INFORMATIONAL EXCHANGES OCCURRING PRIOR  TO  SUCH  GOVERN-
 MENTAL ENTITY'S POSTING OR SOLICITATION FOR PROCUREMENT.
   4. THE RESTRICTED VENDOR CONTRIBUTION PERIOD DESCRIBED IN THIS SECTION
 SHALL  END  WITH  RESPECT  TO  A SPECIFIC PERSON, ORGANIZATION, GROUP OF
 PERSONS, OR BUSINESS ENTITY AS FOLLOWS:
   (A) IF THE PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS  ENTITY
 IS  THE  RECIPIENT  OF  THE  FINAL CONTRACT AWARD, THE RESTRICTED VENDOR
 CONTRIBUTION PERIOD SHALL END SIX MONTHS AFTER THE FINAL CONTRACT  AWARD
 AND APPROVAL BY THE STATE GOVERNMENTAL ENTITY AND, WHERE APPLICABLE, THE
 STATE COMPTROLLER.
   (B)  IF THE PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY
 IS NOT THE RECIPIENT OF THE FINAL CONTRACT AWARD, THE RESTRICTED  VENDOR
 CONTRIBUTION PERIOD SHALL END WITH THE FINAL CONTRACT AWARD AND APPROVAL
 BY  THE STATE GOVERNMENTAL ENTITY AND, WHERE APPLICABLE, THE STATE COMP-
 TROLLER.
   § 2. Section 14-126 of the election law is amended  by  adding  a  new
 subdivision 7 to read as follows:

 S. 2010                            47                            A. 3010

   7.  (A) ANY PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY
 AS THAT TERM IS USED IN SECTION  14-131  OF  THIS  ARTICLE,  WHO,  UNDER
 CIRCUMSTANCES  EVINCING  AN INTENT TO VIOLATE SUCH LAW, MAKES A CONTRIB-
 UTION IN CONTRAVENTION OF  SECTION  14-131  OF  THIS  ARTICLE  SHALL  BE
 SUBJECT  TO  A  CIVIL  PENALTY NOT TO EXCEED THE GREATER OF TEN THOUSAND
 DOLLARS OR AN AMOUNT EQUAL TO TWO HUNDRED PERCENT OF  THE  CONTRIBUTION,
 TO  BE RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT
 BY THE STATE BOARD OF ELECTIONS CHIEF ENFORCEMENT COUNSEL.
   (B) ANY PERSON WHO, ACTING AS OR ON BEHALF OF AN OFFICEHOLDER,  CANDI-
 DATE, OR POLITICAL COMMITTEE, ACCEPTS A CONTRIBUTION IN CONTRAVENTION OF
 SECTION 14-131 OF THIS ARTICLE SHALL BE REQUIRED TO REFUND SUCH CONTRIB-
 UTION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART M
 
   Section  1. 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 collectively
 prepare a report regarding the feasibility of developing a system  which
 would  require  the  assignment  of  single  identifying vendor codes or
 numbers to all contractors,  vendors  and  grantees  directly  receiving
 payments  of state funds to facilitate the tracking of such entities and
 facilitate the tracking of final audit determinations of  such  entities
 issued  by  the  attorney general and the state comptroller. This system
 must consider and serve to supplement existing coding systems and  shall
 be  made  publicly available. Such feasibility report shall include, but
 not be limited to, the group's assessment, analysis and findings on  the
 information  gathered  after  taking  into  consideration input from all
 group members, alternatives  considered,  the  fiscal  impact,  and  the
 effect the proposed system would have on the state and existing systems.
 The report shall be provided to the governor, temporary president of the
 senate and the speaker of the assembly on or before September 1, 2017.
   2. If all members of the group determine that it is feasible to devel-
 op  such a system, the system shall be implemented no later than Septem-
 ber 1, 2018. The director of the budget, or his or her  designee,  shall
 make  the  final determination regarding the codes or numbers that shall
 serve as the single identifier for such entities if, after the  issuance
 of  the  report,  the group is unable to reach agreement regarding which
 identifying codes or numbers should be used for the subject system. Such
 determination shall be based on the most cost effective manner of imple-
 menting such codes or numbers that would have the least fiscal impact to
 the state of New York.
   3. If the group determines that it is not feasible to develop  such  a
 system  pursuant  to  subdivision  one  of this section, the group shall
 submit an additional feasibility report to the governor, temporary pres-
 ident of the senate and the speaker of the assembly on or before  Decem-
 ber 1, 2017, which shall include, but not be limited to, the barriers to
 implementing  such  a  system,  the  findings of the initial feasibility
 report and further recommendations.
   § 2. This act shall take effect immediately.
 
                                  PART N

 S. 2010                            48                            A. 3010
 
   Section 1. Section 5-212 of the election law is  REPEALED  and  a  new
 section 5-212 is added to read as follows:
   § 5-212. MOTOR VEHICLE REGISTRATION. 1. IN ADDITION TO ANY OTHER METH-
 OD  OF  VOTER  REGISTRATION  PROVIDED FOR IN THIS ARTICLE, ANY QUALIFIED
 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;

 S. 2010                            49                            A. 3010
 
   (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.";
   (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

 S. 2010                            50                            A. 3010

 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.
   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.
   §  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.
   §  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.
   § 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.
   § 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

 S. 2010                            51                            A. 3010
 
 RESOURCES THEY REQUIRE TO ENSURE WAIT TIMES AT EARLY VOTING SITES DO NOT
 EXCEED THIRTY MINUTES.
   §  6.  Section  4-117  of  the election law is amended by adding a new
 subdivision 1-a to read as follows:
   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.
   § 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.
   § 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.
   §  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.
   §  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.
   § 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.

 S. 2010                            52                            A. 3010
 
         8-602. STATE BOARD OF ELECTIONS; POWERS  AND  DUTIES  FOR  EARLY
                  VOTING.
   §  8-600.  EARLY  VOTING. 1. BEGINNING THE THIRTEENTH DAY PRIOR TO ANY
 GENERAL, PRIMARY OR SPECIAL ELECTION FOR ANY PUBLIC OR PARTY OFFICE, AND
 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.

 S. 2010                            53                            A. 3010
 
   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
 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

 S. 2010                            54                            A. 3010

 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
 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.
   § 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.
   § 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, 2018.
   § 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.
   § 3. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of Parts A through N of this act shall be
 as specifically set forth in the last section of such Parts.