NY State Senate Bill 2017-S5473

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to finance
Mar 30, 2017	referred to finance

co-Sponsors

2017-S5473 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Legislative Law
Laws Affected:: Amd §§1-c, 1-h & 1-j, Leg L; add §§14-136, 14-138 & 14-140, amd §§14-102 & 14-130, El L; amd §74, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S744
2011-2012: S3053
2013-2014: S3271
2015-2016: S2505
2019-2020: S2957
2021-2022: S940
2023-2024: S2130

2017-S5473 (ACTIVE) - Summary

Requires additional disclosures from lobbyists including: campaign contributions to elected officials; existing business relationships or associations with public officials; and the names of family members of a public official to whom the lobbyist, or his or her employer, paid compensation of over $500 in the preceding calendar year and the amount of compensation paid; provides for the disposition of campaign funds.

2017-S5473 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5473

 TITLE OF BILL :  An act to amend the legislative law and the election
law, in relation to disclosures required for lobbyists; and to amend
the election law and the public officers law, in relation to campaign
funds for personal use

 PURPOSE :

This bill would require lobbyists to report campaign contributions,
professional relationships with public officials and employment
relationships with relatives of public officials. It will more clearly
delineate how candidates for elected office can and cannot use their
campaign funds, establish rules and methods for the disposal of excess
campaign funds and for the timing of such disposal, require that they
specifically detail campaign contributions by lobbyists and prohibit
the soliciting or receiving of contributions for campaigns for state
or federal office by senior policy makers in the executive branch.

 SUMMARY OF SPECIFIC PROVISIONS :

This act shall be known and cited as the "Lobbyist Disclosure Campaign
Fund Act". The legislative law is amended to require campaign
contributions and compensation paid to family members of public
officials by lobbyists to be included on each bi-monthly lobbying
report as well as each semiannual report to the commission. Lobbyists

would also be required to report the contact information for any
public official with whom he or she has a business relationship.

Requires lobbyists, persons who own more than 10% of a lobbying
business, persons who hold senior management positions in lobbying
businesses or immediate family members to any of those persons must
file a report specifying political contributions to any state office
candidates with the state board of elections. Elected officials would
be required to report any behested payments they have solicited over
$5,000 per calendar year. These records shall be a matter of public
record.

Contribution limits for any lobbyists or persons intimately involved
with lobbying firms would be set for state office ($500 for statewide
office, $350 for senate and $250 for assembly). These persons would
also be prohibited from donating more than $5,000 to a political
committee which works to aid candidates. Lobbyists would be prohibited
from transmitting contributions on behalf of another individual whose
contributions would be limited by this law.  Lobbyists would be
prohibited from serving as an officer of any political committee,
conducting personal business (over $2,000) with any public official,
deliver money earmarked for a particular candidate or knowingly take
steps to circumvent this law. No candidates may accept any money which
would be in violation of this law.

Any person or business with a contract of $50,000 or more with the
state, any person who owns 100 or more of such a business, any senior
manager of such a business, or any family member of one of those
persons must report any campaign donations within seven days (if
within 36 days of the election) or within 31 days (all other times).
These reports, made to the state board of elections, shall be
available for public inspection.

Contribution limits to political campaigns would be set for persons or
businesses with certain contracts and it would be unlawful to make
contributions to political committees in excess of $4,000 per
election. Such persons and businesses would also be prohibited from
soliciting or transmitting contributions on behalf of others
participate in fundraising activities for certain candidates, serving
as an officer for a political committee, conducting personal business
transactions over $2,000 with any public official, delivering any
contribution for a specific candidate and attempting to circumvent
this law.

The state would be barred from entering into contracts with any person
or business that violates the provisions of this bill. All contracts
must contain a provision describing these requirements and before
entering into such a contract, the state shall receive a sworn
statement from the bidder that they have not made a contribution in
violation of this law.

Lobbyists, persons who have received large contracts from the state,
persons who own more than 10 percent of a lobbying business, a senior
manager of a lobbying business, or an immediate family member of any
of those people will be prohibited from appointment to a state public
board or commission which has the authority to award or audit any
public contract.

Amends the use of campaign funds for personal use by specifically
identifying what expenditures of campaign funds are permitted. These
include but are not limited to, promoting the nomination or election
of a candidate, expenses related to holding public office including
the production and circulation of flyers or other written materials,
sponsorship of local meetings, tickets or donations to local
charities, non-profit or political events, operational legislative
expenses, get-well-gifts, flowers or items of nominal value for
constituents. Travel related to official duties of office and the
purchase of office equipment or leasing is permitted.

This bill prohibits the use of campaign funds for personal use for the
benefit of defraying personal living expenses of the candidate or
immediate family members. No funds can be used to cover expenses
unrelated to the candidate's campaign or duties as an office holder or
increase the candidates' gross income. No household items, utilities
repairs or improvements of the candidate's personal residence. No
salary or fee expenses that exceed fair and reasonable market value,
tuition payments, dues, fees, or expenses for private clubs or
non-political organizations, automobile purchases or leases, or cell
phone equipment not used solely for campaign purposes.

No funds shall be used for tickets to sporting events or to pay
attorney's fees associated with defending against any civil or
criminal prosecution for alleged violations of law that have occurred
while holding office or as a candidate.

 JUSTIFICATION :

Recent lobbying scandals at the national level have highlighted the
potential for inappropriate and sometimes illegal influence by
lobbyists over government officials. In the past, two state
legislators and one top-ranking Pataki Administration official have
been sent to prison and another lawmaker resigned in disgrace for
violating the public trust. In order to restore that trust, it is
essential that New York adopt strict standards of behavior for its
public officials, and enforce those standards in a vigilant and
consistent manner.

New York, in comparison with other states, has not been a leader in
terms of adopting strong ethics standards for our public officials.
This legislation would increase the amount of information shared with
the public regarding relationships between lobbyists and legislators
and bring much needed sunlight into our governmental process.  The
first provision of this legislation addresses difficulties in
determining the extent of lobbyists' contributions to political
campaigns. In the wake of the Abramoff scandal at the national level,
it is clear that such contributions are often given by lobbyists with
the goal of inappropriately or illegally influencing the governmental
decision making process. This legislation would reveal any such
relationship to the public.

The next two provisions address issues of business employment
relationships between lobbyists and public officials or their
families. Because the New York state legislature is officially a part
time job, New York State legislators are often employed in positions
with law firms that do business with lobbying firms. These
relationships should be disclosed to the public. Similarly, the public
has a right to know if close relatives of legislators are employed as
lobbyists, to citizens who are in a position to evaluate whether such
relationships result in inappropriate influence over a government
decision making.

This bill also addresses a number of concerns with how campaign funds
are raised and expended. Currently, New York's election law( allowing
candidates to spend campaign funds for "any lawful purpose,' is among
the most lax in the nation. While spending campaign funds for personal
use is technically prohibited, the lack of any definition for what
constitutes a personal use renders the provision meaningless. This
shortcoming in the law is striking when compared to the detailed
restrictions issued by the Federal Election commission.  And when it
is combined with the provision that allows elected officials to retain
campaign funds for any use related to the holding of public officer it
gives legislators virtual carte blanche for expenditures that are, at
best, tangentially related to their campaigns and official duties.

Examples of successful, unsuccessful or former candidates using excess
campaign funds for luxury vehicles, sky boxes, extravagant meals,
international travel and home improvements have regularly appeared in
newspapers across the state. There is a growing and justifiable public
perception that campaign funds are being used to enhance the post
election lifestyles of candidates for public office. Such largesse
turns the ideal of representatives serving the public on its head.

Campaign donors have a reasonable expectation that their contributions
will be used for the candidate's election efforts and the execution of
his or her duties. They do not expect their contributions to subsidize
personal spending. This legislation addresses these abuses while
preserving elected officials' ability to fluid the legitimate work of
their offices.

By adding a detailed list, both in generalities and specific examples,
to the current language, the line as to what can and cannot be done is
brightly drawn. In addition to the obvious need to spend campaign
funds on campaigns, the expanded definition makes it clear that
expenditures related to holding public office are restricted to those
costs that would not otherwise be incurred if an individual was a
private citizen.

The bill also requires campaign committees to identify contributions
from lobbyists registered with the Temporary State Lobbying
Commission. This is in response to concerns that past changes in the
interpretation of what constitutes an illegal gift by the commission
will result in the use of campaign funds from lobbyists in place of
the prohibited gifts from lobbyists. coupled with the more stringent
standard for the personal use of campaign funds, the detailing of
lobbyists contributions will make it all the more difficult to justify
such expenditures.

Finally the bill prohibits the soliciting or receiving of
contributions for a campaign for state or federal office while in a
senior policy position in the executive branch. This is in response to
the past disclosure that the head of an executive agency who
acknowledged that he was not a candidate for any office, continued to
raise and spend campaign funds to enhance his life style. To engage in
such actions while overseeing an industry which is actively and at
great expense lobbies state government, at the very least gives the
impression that favorable decisions were being sold and, true or not,
feeds public cynicism. The legislation, again in conjunction with the
new, more clearly delineated limits on the use of campaign funds,
prohibits such misuse of campaign funds.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law, except that various sections
of the bill take effect at various different dates, with provisions.

2017-S5473 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5473
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 30, 2017
                                ___________
 
 Introduced by Sens. KRUEGER, ADDABBO, HOYLMAN, SERRANO, SQUADRON -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Finance
 
 AN ACT to amend the legislative law and the election law, in relation to
   disclosures required for lobbyists; and to amend the election law  and
   the  public  officers  law, in relation to campaign funds for personal
   use
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "Lobbyist
 Disclosure Campaign Fund Act".
   § 2. Section 1-c of the legislative law is amended  by  adding  a  new
 subdivision (x) to read as follows:
   (X)  THE TERM "FAMILY MEMBER" SHALL MEAN ANY OF THE FOLLOWING, INCLUD-
 ING  PARENTS,  STEPPARENTS,  SPOUSE,  DOMESTIC  PARTNERS,  GRANDPARENTS,
 BROTHERS, SISTERS, UNCLES, AND AUNTS, WHETHER OF THE WHOLE BLOOD OR HALF
 BLOOD OR BY OR THROUGH LEGAL SANCTION.
   § 3.  Paragraph 5 of subdivision (b) of section 1-h of the legislative
 law is amended by adding two new subparagraphs (vi) and (vii) to read as
 follows:
   (VI)  THE CAMPAIGN CONTRIBUTIONS MADE, IN ANY FORM, TO ANY CAMPAIGN OR
 POLITICAL COMMITTEE IN NEW YORK STATE BY THE CLIENT BY WHOM OR ON  WHOSE
 BEHALF  THE  LOBBYIST IS RETAINED, EMPLOYED OR DESIGNATED, BY THE LOBBY-
 IST, AND BY ANY EMPLOYEES OF THE LOBBYIST.
   (VII) THE AMOUNT OF COMPENSATION PAID AND  THE  NAMES  OF  ANY  FAMILY
 MEMBERS  OF  A PUBLIC OFFICIAL TO WHOM A LOBBYIST AND THE CLIENT BY WHOM
 OR ON WHOSE BEHALF THE LOBBYIST IS RETAINED, EMPLOYED OR DESIGNATED  HAS
 PAID  COMPENSATION  OF  MORE  THAN FIVE HUNDRED DOLLARS IN THE PRECEDING
 CALENDAR YEAR FOR PERSONAL EMPLOYMENT OR PROFESSIONAL SERVICES.
   § 4. Subdivision (b) of section 1-h of the legislative law is  amended
 by adding a new paragraph 6 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01910-03-7

 S. 5473                             2
 
   (6) THE NAME, ADDRESS AND TELEPHONE NUMBER OF ANY PUBLIC OFFICIAL WITH
 WHOM THE LOBBYIST HAS ANY BUSINESS RELATIONSHIP.
   §  5. Paragraph 5 of subdivision (b) of section 1-j of the legislative
 law is amended by adding two new subparagraphs (vi) and (vii) to read as
 follows:
    (VI) THE CAMPAIGN CONTRIBUTIONS MADE, IN ANY FORM, TO ANY CAMPAIGN OR
 POLITICAL COMMITTEE IN NEW YORK STATE BY THE CLIENT BY WHOM OR ON  WHOSE
 BEHALF  THE  LOBBYIST IS RETAINED, EMPLOYED OR DESIGNATED, BY THE LOBBY-
 IST, AND BY ANY EMPLOYEES OF THE LOBBYIST.
   (VII) THE AMOUNT OF COMPENSATION PAID AND  THE  NAMES  OF  ANY  FAMILY
 MEMBERS  OF  A PUBLIC OFFICIAL TO WHOM A LOBBYIST AND THE CLIENT BY WHOM
 OR ON WHOSE BEHALF THE LOBBYIST IS RETAINED, EMPLOYED OR DESIGNATED  HAS
 PAID  COMPENSATION  OF  MORE  THAN FIVE HUNDRED DOLLARS IN THE PRECEDING
 CALENDAR YEAR FOR PERSONAL EMPLOYMENT OR PROFESSIONAL SERVICES.
   § 6. Subdivision (b) of section 1-j of the legislative law is  amended
 by adding a new paragraph 7 to read as follows:
  (7)  THE NAME, ADDRESS AND TELEPHONE NUMBER OF ANY PUBLIC OFFICIAL WITH
 WHOM THE LOBBYIST HAS ANY BUSINESS RELATIONSHIP.
   § 7. The election law is amended by adding two new sections 14-136 and
 14-138 to read as follows:
   § 14-136. GOVERNMENT CONTRACTOR REPORTING AND CONTRIBUTION LIMITS.  1.
 DEFINITIONS. THE FOLLOWING DEFINITIONS SHALL APPLY TO THIS SECTION:
   A. "AGENT" MEANS ANY PERSON ACTING AT THE DIRECTION OF OR ON BEHALF OF
 AN INDIVIDUAL OR BUSINESS ENTITY;
   B.  "BUSINESS  ENTITY"  MEANS  A  BUSINESS  CORPORATION,  PROFESSIONAL
 SERVICES  CORPORATION,  LIMITED  LIABILITY COMPANY, PARTNERSHIP, LIMITED
 PARTNERSHIP, BUSINESS TRUST, ASSOCIATION OR ANY OTHER  LEGAL  COMMERCIAL
 ENTITY  ORGANIZED  UNDER  THE  LAWS  OF THIS STATE OR ANY OTHER STATE OR
 FOREIGN JURISDICTION, INCLUDING ANY SUBSIDIARY  DIRECTLY  OR  INDIRECTLY
 CONTROLLED  BY  THE  BUSINESS  ENTITY,  AND  ANY POLITICAL ORGANIZATION,
 INCLUDING BUT NOT LIMITED TO ANY POLITICAL ORGANIZATION ORGANIZED  UNDER
 SECTION 527 OF THE INTERNAL REVENUE CODE, THAT IS DIRECTLY OR INDIRECTLY
 CONTROLLED BY THE BUSINESS ENTITY;
   C.  "IMMEDIATE  FAMILY"  MEANS ANY SPOUSE OR CHILD OF AN INDIVIDUAL OR
 ANY FINANCIALLY DEPENDENT  RELATIVES  WHO  RESIDE  IN  THE  INDIVIDUAL'S
 HOUSEHOLD;
   D.  "HOUSEKEEPING  ACCOUNT"  MEANS  AN  ACCOUNT  MAINTAINED BY A PARTY
 COMMITTEE OR CONSTITUTED COMMITTEE FROM WHICH EXPENDITURES ARE  MADE  TO
 MAINTAIN  A PERMANENT HEADQUARTERS AND STAFF AND CARRY ON ORDINARY PARTY
 ACTIVITIES WHICH ARE NOT FOR THE EXPRESS PURPOSE OF PROMOTING THE CANDI-
 DACY OF SPECIFIC CANDIDATES;
   E. "CANDIDATE FOR STATE OFFICE" MEANS A CANDIDATE  FOR  THE  FOLLOWING
 STATE  OFFICES:  GOVERNOR,  LIEUTENANT GOVERNOR, ATTORNEY GENERAL, COMP-
 TROLLER, SENATOR, AND MEMBER OF THE ASSEMBLY; AND
   F. "PERSONAL BUSINESS TRANSACTION"  MEANS  TRANSACTIONS  FOR  SERVICES
 OFFERED  BY  THE  ELECTED  OFFICIAL  IN HIS OR HER CAPACITY AS A PRIVATE
 CITIZEN TO ANY MEMBER OF THE PUBLIC.
   2. THE FOLLOWING PERSONS AND BUSINESS ENTITIES WHO MAKE A CONTRIBUTION
 TO A CANDIDATE FOR STATE OFFICE, A POLITICAL COMMITTEE WORKING  DIRECTLY
 OR  INDIRECTLY  TO  AID OR PARTICIPATE IN SUCH CANDIDATE'S NOMINATION OR
 ELECTION, A POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY SUCH CANDI-
 DATE, OR A STATE OR LOCAL COMMITTEE OF A POLITICAL  PARTY,  INCLUDING  A
 HOUSEKEEPING  ACCOUNT,  SHALL  FILE  REPORTS  AS REQUIRED BY SUBDIVISION
 THREE OF THIS SECTION WITH THE BOARD OF ELECTIONS WITHIN SEVEN  CALENDAR
 DAYS  AFTER THE DATE OF A CONTRIBUTION MADE WITHIN THIRTY-SIX DAYS OF AN
 ELECTION, OR, FOR CONTRIBUTIONS MADE AT ANY OTHER TIME,  WITHIN  THIRTY-

 S. 5473                             3
 
 SIX  DAYS  OF THE DATE OF THE CONTRIBUTION OR THE DATE OF ANY APPLICABLE
 CONTRACT, WHICHEVER OCCURS LATER:
   A. ANY PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY THAT
 HAS  RECEIVED, IN A CALENDAR YEAR FIFTY THOUSAND DOLLARS OR MORE THROUGH
 CONTRACTS FROM THE STATE OR ANY STATE-APPOINTED ENTITY WITH  CONTRACTING
 POWER;
   B. ANY PERSON WHO OWNS MORE THAN TEN PERCENT OF A BUSINESS ENTITY THAT
 IS DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION;
   C.  ANY  PERSON EMPLOYED BY AN ORGANIZATION, GROUP, OR BUSINESS ENTITY
 DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION WHO HOLDS A SENIOR  MANAGE-
 MENT POSITION AS DEFINED BY THE STATE ETHICS COMMISSION;
   D.  THE  IMMEDIATE FAMILY MEMBER OF A PERSON WHO IS DESCRIBED IN PARA-
 GRAPH A, B OR C OF THIS SUBDIVISION; OR
   E. ANY POLITICAL COMMITTEE ESTABLISHED  OR  CONTROLLED  BY  A  PERSON,
 ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY DESCRIBED IN PARAGRAPH
 A, B, C AND D OF THIS SUBDIVISION.
   3. THE BOARD OF ELECTIONS SHALL PRESCRIBE FORMS AND PROCEDURES FOR THE
 REPORTING  REQUIRED IN SUBDIVISION TWO OF THIS SECTION WHICH, AT A MINI-
 MUM, SHALL REQUIRE THE ELECTRONIC FILING OF THE FOLLOWING INFORMATION:
   A. THE NAME, ADDRESS, EMPLOYER AND THE NAME OF SPOUSE  OF  THE  PERSON
 MAKING THE CONTRIBUTION AND THE NAME OF THE SPOUSE'S EMPLOYER;
   B.  THE  NAME OF THE CANDIDATE, POLITICAL COMMITTEE, OR STATE OR LOCAL
 COMMITTEE OF  A  POLITICAL  PARTY,  INCLUDING  A  HOUSEKEEPING  ACCOUNT,
 RECEIVING THE CONTRIBUTION;
   C.  THE  AMOUNT OF THE CONTRACT WITH THE STATE OR OTHER ENTITY DEFINED
 IN PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION,  AND  THE  DATES  AND
 OTHER INFORMATION IDENTIFYING EACH CONTRACT FOR SERVICES OR GOODS; AND
   D.  IF AN ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY IS MAKING
 THE CONTRIBUTION:
   (I) THE NAMES AND BUSINESS ADDRESSES OF ALL PERSONS WHO OWN MORE  THAN
 TEN PERCENT OF THE ORGANIZATION, GROUP OR ENTITY; OR
   (II)  THE  NAMES AND BUSINESS ADDRESSES OF ALL PERSONS EMPLOYED BY THE
 ORGANIZATION, GROUP, OR BUSINESS ENTITY WHO  HOLD  A  SENIOR  MANAGEMENT
 POSITION AS DEFINED BY THE COMMISSION ON GOVERNMENTAL ETHICS.
   4.  THE  BOARD OF ELECTIONS SHALL MAINTAIN COMPLETED FORMS AND REPORTS
 DESCRIBED IN SUBDIVISION TWO OF THIS SECTION FOR PUBLIC INSPECTION  BOTH
 AT  THE  BOARD  OF  ELECTIONS  OFFICE AND THROUGH THE BOARD OF ELECTIONS
 ELECTRONIC FILING SYSTEM FOR CAMPAIGN FINANCE DISCLOSURE (EFS).
   5. FROM TWELVE MONTHS AFTER A BID OR PROPOSAL TO THE  RELEVANT  AGENCY
 OR  CONTRACTING AUTHORITY FOR A CONTRACT DESCRIBED IN SUBDIVISION TWO OF
 THIS SECTION AND EITHER TWELVE MONTHS AFTER COMPLETION OF THE APPLICABLE
 CONTRACT, OR UPON COMPLETION OF THE APPLICABLE ELECTED  OFFICIAL'S  TERM
 IN  OFFICE,  WHICHEVER  IS  LONGER, IT SHALL BE UNLAWFUL FOR ANY PERSON,
 ORGANIZATION, GROUP OF PERSONS OR BUSINESS  ENTITY  DESCRIBED  IN  PARA-
 GRAPHS A, B, C AND D OR E OF SUBDIVISION TWO OF THIS SECTION TO:
   A.  MAKE  CONTRIBUTIONS TO A CANDIDATE FOR STATE OFFICE, ANY POLITICAL
 COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID OR PARTICIPATE  IN  SUCH
 CANDIDATE'S  NOMINATION  OR  ELECTION,  OR ANY OTHER POLITICAL COMMITTEE
 ESTABLISHED OR CONTROLLED BY SUCH CANDIDATE THAT  EXCEED  THE  FOLLOWING
 AMOUNTS PER ELECTION FOR THE FOLLOWING OFFICES:
   (I) GOVERNOR: FIVE HUNDRED DOLLARS;
   (II) LIEUTENANT GOVERNOR: FIVE HUNDRED DOLLARS;
   (III) COMPTROLLER: FIVE HUNDRED DOLLARS;
   (IV) ATTORNEY GENERAL: FIVE HUNDRED DOLLARS;
   (V) SENATOR: THREE HUNDRED FIFTY DOLLARS; OR
   (VI) MEMBER OF ASSEMBLY: TWO HUNDRED FIFTY DOLLARS;

 S. 5473                             4
 
   B. MAKE CONTRIBUTIONS TO:
   (I)  POLITICAL  COMMITTEES  WORKING  DIRECTLY  OR INDIRECTLY TO AID OR
 PARTICIPATE IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR THE OFFICES
 DESCRIBED IN SUBPARAGRAPHS (I), (II), (III), (IV), (V) AND (VI) OF PARA-
 GRAPH A OF THIS SUBDIVISION, OR OTHER POLITICAL  COMMITTEES  ESTABLISHED
 OR  CONTROLLED BY A CANDIDATE FOR THE OFFICES DESCRIBED IN SUBPARAGRAPHS
 (I), (II), (III), (IV), (V) AND (VI) OF PARAGRAPH A OF THIS  SUBDIVISION
 THAT IN THE AGGREGATE EXCEED FOUR THOUSAND DOLLARS PER ELECTION; OR
   (II)  STATE  OR  LOCAL  COMMITTEES OF A POLITICAL PARTY, OR ANY HOUSE-
 KEEPING ACCOUNT, IN AN AMOUNT GREATER  THAN  ONE  THOUSAND  DOLLARS  PER
 ELECTION,  AND IN AN AGGREGATE TO ALL STATE OR LOCAL COMMITTEES OF POLI-
 TICAL PARTIES IN AN AGGREGATE THAT  EXCEEDS  TWO  THOUSAND  DOLLARS  PER
 ELECTION;
   C.  SOLICIT A CONTRIBUTION ON BEHALF OF, OR TRANSMIT A CONTRIBUTION ON
 BEHALF OF ANOTHER TO:
   (I) A CANDIDATE FOR ANY OF THE OFFICES  FOR  WHICH  CONTRIBUTIONS  ARE
 LIMITED UNDER PARAGRAPH A OF THIS SUBDIVISION;
   (II)  ANY POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID OR
 PARTICIPATE IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR OFFICE  FOR
 WHICH  THEIR  CONTRIBUTIONS  ARE LIMITED IN PARAGRAPH A OF THIS SUBDIVI-
 SION, OR ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR  CONTROLLED  BY  A
 CANDIDATE  FOR  THE  OFFICES  FOR  WHICH THEIR CONTRIBUTIONS ARE LIMITED
 UNDER PARAGRAPH A OF THIS SUBDIVISION;
   (III) A STATE OR LOCAL COMMITTEE OF  A  POLITICAL  PARTY  INCLUDING  A
 HOUSEKEEPING ACCOUNT;
   D. PARTICIPATE IN ANY FUND-RAISING ACTIVITIES FOR:
   (I)  A  CANDIDATE  FOR  ANY OF THE OFFICES FOR WHICH CONTRIBUTIONS ARE
 LIMITED UNDER PARAGRAPH A OF THIS SUBDIVISION;
   (II) ANY POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID  OR
 PARTICIPATE  IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR OFFICE FOR
 WHICH THEIR CONTRIBUTIONS ARE LIMITED IN PARAGRAPH A  OF  THIS  SUBDIVI-
 SION,  OR  ANY  OTHER POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY A
 CANDIDATE FOR THE OFFICES FOR  WHICH  THEIR  CONTRIBUTIONS  ARE  LIMITED
 UNDER PARAGRAPH A OF THIS SUBDIVISION;
   (III)  A  STATE  OR  LOCAL COMMITTEE OF A POLITICAL PARTY, INCLUDING A
 HOUSEKEEPING ACCOUNT;
   E. SERVE AS CHAIRPERSON, TREASURER, OR ANY OTHER OFFICER OF:
   (I) ANY POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO  AID  OR
 PARTICIPATE  IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR OFFICE FOR
 WHICH THEIR CONTRIBUTIONS ARE LIMITED UNDER PARAGRAPH A OF THIS SUBDIVI-
 SION; OR
   (II) ANY OTHER POLITICAL COMMITTEE  ESTABLISHED  OR  CONTROLLED  BY  A
 CANDIDATE FOR WHICH THEIR CONTRIBUTIONS ARE LIMITED UNDER PARAGRAPH A OF
 THIS SUBDIVISION;
   F.  CONDUCT PERSONAL BUSINESS TRANSACTIONS IN AN AMOUNT OVER TWO THOU-
 SAND DOLLARS IN ANY CALENDAR YEAR WITH A  PUBLIC  OFFICIAL  HOLDING  THE
 OFFICES  FOR  WHICH THEIR CONTRIBUTIONS ARE LIMITED UNDER PARAGRAPH A OF
 THIS SUBDIVISION;
   G. DELIVER TO ANY CONDUIT OR INTERMEDIARY ANY  CONTRIBUTION  EARMARKED
 FOR A PARTICULAR CANDIDATE FOR THE OFFICES FOR WHICH THEIR CONTRIBUTIONS
 ARE  LIMITED  UNDER  PARAGRAPH  A  OF THIS SUBDIVISION, OR ANY COMMITTEE
 WORKING DIRECTLY OR INDIRECTLY TO AID OR PARTICIPATE IN SUCH CANDIDATE'S
 NOMINATION OR ELECTION, OR ANY OTHER POLITICAL COMMITTEE ESTABLISHED  OR
 CONTROLLED BY SUCH CANDIDATE; OR
   H.  KNOWINGLY  TAKE  ANY  STEP  TO CIRCUMVENT THE RESTRICTIONS IN THIS
 SUBDIVISION.

 S. 5473                             5
 
   I. THE PROVISIONS OF THIS SECTION SHALL NOT  APPLY  FOR  A  CONTRACTOR
 MAKING  A CONTRIBUTION, OR ANY DISCLOSURE THEREOF REQUIRED BY THIS ARTI-
 CLE, IN ANY CALENDAR  YEAR  IN  WHICH  SUCH  CONTRACTOR  RECEIVES  FUNDS
 DISBURSED  BY  THE  STATE  OR  ANY INSTRUMENTALITY THEREOF PURSUANT TO A
 FEDERAL  STATUTE, RULE OR REGULATION THAT WOULD RENDER THE STATE OR SUCH
 INSTRUMENTALITY OR CONTRACTOR INELIGIBLE TO RECEIVE SUCH FUNDS BY VIRTUE
 OF THE OPERATION OF THIS SECTION.
   THIS SUBDIVISION SHALL NOT BE APPLICABLE TO CONTRIBUTIONS MADE BY  ANY
 PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY AT A TIME WHEN
 THE  PERSON,  ORGANIZATION,  GROUP OF PERSONS OR BUSINESS ENTITY DID NOT
 MEET THE DESCRIPTIONS OF PARAGRAPHS A, B, C, D AND E OF SUBDIVISION  TWO
 OF THIS SECTION.
   6.  THE STATE OR ANY STATE DEPARTMENT, PUBLIC ENTITY OR AUTHORITY WITH
 CONTRACT-MAKING POWER SHALL NOT ENTER INTO  AN  AGREEMENT  OR  OTHERWISE
 CONTRACT  TO PROCURE SERVICES OR ANY MATERIAL, SUPPLIES OR EQUIPMENT, OR
 TO ACQUIRE, SELL, OR LEASE ANY LAND OR BUILDING FROM ANY PERSON,  ORGAN-
 IZATION,  GROUP OF PERSONS OR BUSINESS ENTITY DESCRIBED IN PARAGRAPHS A,
 B, C AND D OF SUBDIVISION TWO OF THIS SECTION WHO HAS  MADE  A  CONTRIB-
 UTION  PROHIBITED  IN SUBDIVISION FIVE OF THIS SECTION. THIS SUBDIVISION
 SHALL NOT BE APPLICABLE TO CONTRIBUTIONS MADE BY ANY  PERSON,  ORGANIZA-
 TION,  GROUP  OF  PERSONS  OR BUSINESS ENTITY AT A TIME WHEN THE PERSON,
 ORGANIZATION, GROUP OF PERSONS OR  BUSINESS  ENTITY  DID  NOT  MEET  THE
 DESCRIPTIONS  OF  PARAGRAPH  A,  B, C, D OR E OF SUBDIVISION TWO OF THIS
 SECTION.  NOTHING IN THIS SECTION SHALL IMPAIR THE POWER OF THE STATE OR
 ANY INSTRUMENTALITY THEREOF TO ENTER INTO A CONTRACT WITH ANY CONTRACTOR
 WHERE FEDERAL FUNDS WOULD SUPPORT THE PAYMENT  OR  PERFORMANCE  OF  SUCH
 CONTRACT  AND  A  FEDERAL  STATUTE,  RULE OR REGULATION WOULD RENDER THE
 STATE OR SUCH INSTRUMENTALITY OR CONTRACTOR INELIGIBLE TO  RECEIVE  SUCH
 FUNDS BY VIRTUE OF THE OPERATION OF THIS SECTION.
   7.  EVERY  CONTRACT AND BID APPLICATION AND SPECIFICATIONS PROMULGATED
 BY THE STATE OR ANY STATE DEPARTMENT, PUBLIC ENTITY  OR  AUTHORITY  WITH
 CONTRACT-MAKING  POWER SHALL CONTAIN A PROVISION DESCRIBING THE REQUIRE-
 MENTS OF SECTION 14-116 OF THIS ARTICLE.
   8. BEFORE ENTERING INTO ANY AGREEMENT OR ANY OTHER CONTRACT TO PROCURE
 FROM ANY PERSON, ORGANIZATION,  GROUP  OF  PERSONS  OR  BUSINESS  ENTITY
 SERVICES OR ANY MATERIAL, SUPPLIES OR EQUIPMENT, OR TO ACQUIRE, SELL, OR
 LEASE  ANY  LAND  OR BUILDING, THE STATE OR ANY STATE DEPARTMENT, PUBLIC
 ENTITY OR AUTHORITY WITH CONTRACT-MAKING POWER  SHALL  RECEIVE  A  SWORN
 STATEMENT  FROM  THE CONTRACTOR, MADE UNDER PENALTY OF PERJURY, THAT THE
 BIDDER OR OFFERER HAS NOT MADE  A  CONTRIBUTION  IN  VIOLATION  OF  THIS
 SECTION.
   9.  NO  CANDIDATE FOR STATE OFFICE SHALL ACCEPT CAMPAIGN CONTRIBUTIONS
 FROM A  PERSON,  ORGANIZATION,  GROUP  OF  PERSONS  OR  BUSINESS  ENTITY
 DESCRIBED  IN  PARAGRAPH  A,  B,  C,  D  OR E OF SUBDIVISION TWO OF THIS
 SECTION IN AN AMOUNT EXCEEDING THOSE PERMITTED IN PARAGRAPH A OF  SUBDI-
 VISION  FIVE  OF  THIS SECTION FOR TWELVE MONTHS AFTER COMPLETION OF THE
 APPLICABLE CONTRACT, OR THE REMAINDER OF THE CANDIDATE'S TERM IN OFFICE,
 WHICHEVER IS LONGER.   THIS  SUBDIVISION  SHALL  NOT  BE  APPLICABLE  TO
 CONTRIBUTIONS  MADE  BY  ANY  PERSON,  ORGANIZATION, GROUP OF PERSONS OR
 BUSINESS ENTITY AT A  TIME  WHEN  THE  PERSON,  ORGANIZATION,  GROUP  OF
 PERSONS OR BUSINESS ENTITY DID NOT MEET THE DESCRIPTIONS OF PARAGRAPH A,
 B, C, D OR E OF SUBDIVISION TWO OF THIS SECTION.
   10.  NO PUBLIC OFFICIAL HOLDING ANY OF THE OFFICES LISTED IN PARAGRAPH
 A OF SUBDIVISION FIVE OF THIS SECTION SHALL  CONDUCT  PERSONAL  BUSINESS
 TRANSACTIONS IN AN AMOUNT OVER TWO THOUSAND DOLLARS IN ANY CALENDAR YEAR
 WITH  ANY  PERSON,  ORGANIZATION,  GROUP  OF  PERSONS OR BUSINESS ENTITY

 S. 5473                             6
 
 DESCRIBED IN PARAGRAPHS A, B,  C  AND  D  OF  SUBDIVISION  TWO  OF  THIS
 SECTION.
   11.  THIS  SECTION  SHALL  NOT  PROHIBIT ANY PERSON FROM INFORMING ANY
 OTHER PERSON OF A POSITION TAKEN BY A PUBLIC OFFICIAL OR A CANDIDATE FOR
 PUBLIC OFFICE.
   12. THE PROVISIONS OF SUBDIVISIONS TWO AND FIVE OF THIS SECTION  SHALL
 NOT  APPLY  TO THE CAMPAIGN OF ANY PERSON DESCRIBED IN PARAGRAPH A, B, C
 OR D OF SUBDIVISION TWO OF THIS SECTION WHO IS A CANDIDATE  FOR  ANY  OF
 THOSE OFFICES LISTED IN PARAGRAPH A OF SUBDIVISION FIVE OF THIS SECTION.
   §  14-138.  COMMISSIONING  AUTHORITIES AND LICENSING AUTHORITIES.  THE
 FOLLOWING PERSONS SHALL NOT BE APPOINTED TO  A  STATE  PUBLIC  BOARD  OR
 COMMISSION  WHICH  HAS  THE  AUTHORITY  TO  AWARD  OR  AUDIT  ANY PUBLIC
 CONTRACT:
   1. A LOBBYIST REGISTERED UNDER SECTION ONE-E OF THE LEGISLATIVE LAW;
   2. ANY PERSON OR BUSINESS ENTITY WHO, IN THE PREVIOUS TWO  YEARS,  HAS
 RECEIVED  FIFTY  THOUSAND  DOLLARS OR MORE THROUGH ONE OR MORE CONTRACTS
 FROM THE STATE OR ANY STATE-APPOINTED ENTITY WITH CONTRACTING POWER;
   3. ANY PERSON WHO OWNS MORE THAN TEN PERCENT OF A BUSINESS ENTITY THAT
 IS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION;
   4. ANY PERSON EMPLOYED BY AN ORGANIZATION, GROUP, OR  BUSINESS  ENTITY
 DESCRIBED  IN SUBDIVISION TWO OF THIS SECTION WHO HOLDS A SENIOR MANAGE-
 MENT POSITION AS DEFINED BY THE COMMISSION ON GOVERNMENTAL ETHICS; OR
   5. AN IMMEDIATE FAMILY MEMBER OF A  PERSON  DESCRIBED  IN  SUBDIVISION
 ONE, TWO, THREE, OR FOUR OF THIS SECTION.
   §  8.  Section  14-130 of the election law, as amended by section 9 of
 part CC of chapter 56 of the  laws  of  2015,  is  amended  to  read  as
 follows:
   §  14-130.  Campaign funds for personal use. 1. Contributions received
 by a candidate or a political committee may ONLY be  expended  for  [any
 lawful  purpose.  Such  funds  shall not be converted by any person to a
 personal use which is unrelated to a political campaign or  the  holding
 of  a  public  office  or  party  position]  BONA FIDE PURPOSES DIRECTLY
 RELATED TO EITHER:
   A. PROMOTING THE NOMINATION OR ELECTION OF A CANDIDATE; OR
   B. PERFORMING THOSE DUTIES OF PUBLIC OFFICE OR  PARTY  POSITION  WHICH
 ARE NOT PAID FOR OR ELIGIBLE FOR REIMBURSEMENT BY THE STATE OR ANY POLI-
 TICAL SUBDIVISION OR PRIVATE PARTY.
   2. PERMISSIBLE ORDINARY AND NECESSARY EXPENSES RELATING TO THE HOLDING
 OF PUBLIC OFFICE OR PARTY POSITION SHALL INCLUDE:
   A.  PRODUCTION  AND  CIRCULATION  OF FLYERS OR OTHER WRITTEN MATERIALS
 RELATED TO DUTIES OF OFFICEHOLDER; THE PLACEMENT  OF  HOLIDAY  GREETINGS
 AND  CONGRATULATORY  ADS AND MEMORIAL NOTICES IN LOCAL NEWSPAPERS, MAGA-
 ZINES, JOURNALS OR OTHER PUBLICATION;
   B. SPONSORSHIP OR HOSTING OF COMMUNITY MEETINGS; TICKETS OR  DONATIONS
 TO  LOCAL  CHARITABLE,  NON-PROFIT OR POLITICAL EVENTS, ORGANIZATIONS OR
 ACTIVITIES  THAT  PROMOTE  THE  WELFARE  OF  CONSTITUENTS  OR  POLITICAL
 CAMPAIGNS;
   C.  INCIDENTAL  EXPENDITURES FOR THE OPERATION OF LEGISLATIVE OFFICES,
 INCLUDING PURCHASE OF ITEMS SUCH AS MEMORIAL OR GET-WELL GIFTS,  FLOWERS
 OR SIMILAR ITEMS OF NOMINAL VALUE FOR CONSTITUENTS OR OTHERS;
   D. MEMBERSHIP IN ORGANIZATIONS RELATED TO OFFICIAL DUTIES AND COSTS OF
 ATTENDING  INFORMATIONAL  MEETINGS  ATTENDED  IN  CONNECTION  WITH  SUCH
 DUTIES; AND
   E. TRAVEL RELATED TO DUTIES OF OFFICE, PROVIDED THAT THE TRAVEL IS NOT
 UNDERTAKEN FOR ANY PURPOSE RESULTING IN A PERSONAL OR FINANCIAL  BENEFIT
 TO THE CANDIDATE OR OFFICEHOLDER. IF SUCH EXPENSES INVOLVE BOTH PERSONAL

 S. 5473                             7
 
 ACTIVITY  AND  CAMPAIGN OR OFFICIAL ACTIVITIES, THE INCREMENTAL EXPENSES
 ASSOCIATED WITH THE PERSONAL ACTIVITIES ARE  PERSONAL  USES  UNLESS  THE
 CAMPAIGN  IS  REIMBURSED  FOR  SUCH  SUMS FROM OTHER THAN CAMPAIGN FUNDS
 WITHIN THIRTY DAYS OF THE EXPENDITURE.
   NOTHING  IN  THIS  SECTION  SHALL PROHIBIT A CANDIDATE FROM PURCHASING
 OFFICE EQUIPMENT WITH PERSONAL FUNDS AND LEASING OR RENTING SUCH  EQUIP-
 MENT  OR  PROPERTY  TO  A  COMMITTEE  WORKING WITH OR FOR THE CANDIDATE,
 PROVIDED THE CANDIDATE OR THE CAMPAIGN TREASURER SIGN A WRITTEN LEASE OR
 RENTAL AGREEMENT AND FILES IT WITH  THE  APPROPRIATE  REQUIRED  CAMPAIGN
 FINANCIAL  FILING  WHICH  SHALL  INCLUDE THE LEASE OR RENTAL PRICE WHICH
 SHALL NOT EXCEED THE FAIR LEASE OR RENTAL VALUE OF THE EQUIPMENT  OR  IN
 THE AGGREGATE EXCEED THE COST OF ITS PURCHASE.
   3.  CAMPAIGN FUNDS SHALL NOT BE CONVERTED TO PERSONAL USE, WHICH SHALL
 BE DEFINED AS EXPENDITURES THAT:
   A. ARE FOR THE PERSONAL BENEFIT OF OR TO DEFRAY NORMAL LIVING EXPENSES
 OF THE CANDIDATE, OFFICEHOLDER, IMMEDIATE FAMILY OR PARTNER OF EITHER OR
 ANY OTHER PERSON;
   B. ARE USED TO FULFILL ANY COMMITMENT,  OBLIGATION,  OR  EXPENSE  THAT
 WOULD  EXIST  IRRESPECTIVE  OF  THE CANDIDATE'S CAMPAIGN OR DUTIES AS AN
 OFFICEHOLDER; OR
   C. ARE PUT TO ANY USE FOR WHICH THE CANDIDATE OR OFFICEHOLDER WOULD BE
 REQUIRED TO TREAT THE AMOUNT OF THE EXPENDITURE AS  GROSS  INCOME  UNDER
 SECTION 61 OF THE INTERNAL REVENUE CODE.
   4.  EXPENDITURES  FOR  PERSONAL  USE  SHALL  ALSO INCLUDE, BUT ARE NOT
 LIMITED TO, EXPENDITURES FOR:
   A. RESIDENTIAL OR HOUSEHOLD  ITEMS,  SUPPLIES,  MAINTENANCE  OR  OTHER
 EXPENDITURES,  INCLUDING MORTGAGE, RENT, UTILITIES, REPAIRS, OR IMPROVE-
 MENTS FOR ANY PART OF ANY PERSONAL RESIDENCE OF A CANDIDATE  OR  OFFICE-
 HOLDER, HIS OR HER IMMEDIATE FAMILY OR PARTNER;
   B.  RENT  OR UTILITY PAYMENTS THAT EXCEED FAIR MARKET VALUE FOR USE OF
 ANY PART OF ANY NON-RESIDENTIAL PROPERTY OWNED  BY  A  CANDIDATE,  OR  A
 MEMBER OF A CANDIDATE'S FAMILY OR PARTNER USED FOR CAMPAIGN PURPOSES;
   C.  SALARY  AND  OTHER  FEES  FOR  BONA FIDE SERVICES TO A CAMPAIGN OR
 LEGISLATIVE OFFICE THAT EXCEED FAIR AND REASONABLE MARKET VALUE OF  SUCH
 SERVICES;
   D.  INTEREST  OR  ANY  OTHER  FINANCE CHARGES FOR MONIES LOANED TO THE
 CAMPAIGN BY THE CANDIDATE OR THE SPOUSE OR PARTNER OF SUCH CANDIDATE;
   E. TUITION PAYMENTS;
   F. DUES, FEES, OR GRATUITIES AT PRIVATE CLUBS, RECREATIONAL FACILITIES
 OR OTHER NONPOLITICAL ORGANIZATIONS,  UNLESS  CONNECTED  TO  A  SPECIFIC
 WIDELY ATTENDED FUNDRAISING EVENT THAT TAKES PLACE ON THE ORGANIZATION'S
 PREMISES;
   G.  AUTOMOBILE  PURCHASES  OR LONG TERM LEASES; SHORT TERM CAR RENTALS
 AND CELLULAR EQUIPMENT AND SERVICES NOT USED  EXCLUSIVELY  FOR  CAMPAIGN
 PURPOSES OR DUTIES AS AN OFFICEHOLDER;
   H. ADMISSION TO SPORTING EVENTS, CONCERTS, THEATERS, OR OTHER FORMS OF
 ENTERTAINMENT,  UNLESS  PART  OF  A  SPECIFIC  CAMPAIGN  OR OFFICEHOLDER
 RELATED ACTIVITY; AND
   I. PAYMENT OF ANY FINES, FEES, OR PENALTIES ASSESSED PURSUANT TO  THIS
 CHAPTER.
   5. NO CAMPAIGN FUNDS SHALL BE USED TO PAY ATTORNEY'S FEES OR ANY COSTS
 OF  DEFENDING AGAINST ANY CIVIL OR CRIMINAL INVESTIGATION OR PROSECUTION
 FOR ALLEGED VIOLATIONS OF STATE OR FEDERAL  LAW  ALLEGED  TO  HAVE  BEEN
 COMMITTED WHILE HOLDING PUBLIC OFFICE OR AS A CANDIDATE FOR OFFICE WHERE
 THE  CANDIDATE  OR  PUBLIC OR PARTY OFFICIAL, MEMBERS OF THEIR IMMEDIATE
 FAMILIES OR PARTNERS OR THE CAMPAIGN IS THE TARGET OF SUCH INVESTIGATION

 S. 5473                             8
 
 OR PROSECUTION UNLESS SUCH EXPENDITURE IS  USED  EXCLUSIVELY  FOR  COSTS
 RELATED  TO  CIVIL OR CRIMINAL ACTIONS FOR ALLEGED VIOLATIONS RELATED TO
 ACTIVITIES PROMOTING THE NOMINATION OR ELECTION OF A CANDIDATE.
   [2.]  6.  No  contribution  shall be used to pay interest or any other
 finance charges upon monies loaned to the campaign by such candidate  or
 the spouse of such candidate.
   [3.]  7. For the purposes of this section, contributions "converted by
 any person to a personal use" are expenditures that are exclusively  for
 the  personal  benefit  of the candidate or any other individual, not in
 connection with a political campaign or the holding of a  public  office
 or  party  position.  "Converted  by any person to a personal use", when
 meeting the definition in this subdivision, shall include,  but  not  be
 limited to, expenses for the following:
   (i)  any  residential  or  household  items, supplies or expenditures,
 including mortgage, rent  or  utility  payments  for  any  part  of  any
 personal  residence  of  a  candidate or officeholder or a member of the
 candidate's or officeholder's family that are not incurred as  a  result
 of, or to facilitate, the individual's campaign, or the execution of his
 or  her duties of public office or party position. In the event that any
 property or building is used for both personal and campaign  use  or  as
 part  of  the  execution  of his or her duties of public office or party
 position, personal use shall constitute expenses that  exceed  the  pro-
 rated amount for such expenses based on fair-market value.
   (ii) mortgage, rent, or utility payments to a candidate or officehold-
 er  for  any  part  of  any  non-residential property that is owned by a
 candidate or officeholder or a member of a candidate's or officeholder's
 family and used for campaign purposes, to the extent the payments exceed
 the fair market value of the property's usage for campaign activities;
   (iii) clothing, other than items that are used in the campaign  or  in
 the execution of the duties of public office or party position;
   (iv) tuition payments unrelated to a political campaign or the holding
 of a public office or party position;
   (v)  salary  payments or other compensation provided to any person for
 services where such services are not solely  for  campaign  purposes  or
 provided in connection with the execution of the duties of public office
 or party position;
   (vi)  salary  payments or other compensation provided to a member of a
 candidate's family, unless the family  member  is  providing  bona  fide
 services to the campaign. If a family member provides bona fide services
 to  a  campaign,  any salary payments or other compensation in excess of
 the fair market value of  the  services  provided  shall  be  considered
 payments for personal use;
   (vii)  admission  to a sporting event, concert, theater, or other form
 of entertainment, unless such event is part of, or in connection with, a
 campaign or is related to the holding of public office  or  party  posi-
 tion;
   (viii)  payment  of any fines or penalties assessed against the candi-
 date  pursuant  to  this  chapter  or  in  connection  with  a  criminal
 conviction  or  by  the  joint  commission for public ethics pursuant to
 section ninety-four of the executive law or  sections  seventy-three  or
 seventy-three-a  of  the  public  officers law or the legislative ethics
 commission pursuant to section eighty of the legislative law;
   (ix) dues, fees, or gratuities at a country club, health club,  recre-
 ational  facility  or other entities with a similar purpose, unless they
 are expenses connected with a specific  fundraising  event  or  activity

 S. 5473                             9
 
 associated  with a political campaign or the holding of public office or
 party position that takes place on the organization's premises; and
   (x)  travel  expenses including automobile purchases or leases, unless
 used for campaign purposes or in connection with the  execution  of  the
 duties  of  public  office  or  party position and usage of such vehicle
 which is incidental to such purposes or the execution of such duties.
   [4.] 8. Nothing in  this  section  shall  prohibit  a  candidate  from
 purchasing  equipment  or  property  from  his or her personal funds and
 leasing or renting such equipment or property  to  a  committee  working
 directly  or  indirectly  with  him  to aid or participate in his or her
 nomination or election, including  an  exploratory  committee,  provided
 that  the  candidate  and  his  or her campaign treasurer sign a written
 lease or rental agreement. Such agreement shall  include  the  lease  or
 rental  price,  which shall not exceed the fair lease or rental value of
 the equipment. The candidate shall not receive lease or rental  payments
 which,  in the aggregate, exceed the cost of purchasing the equipment or
 property.
   [5.] 9. Nothing in this  section  shall  prohibit  an  elected  public
 officeholder  from  using campaign contributions to facilitate, support,
 or otherwise assist in the execution or performance of the duties of his
 or her public office.
   [6.] 10. The state board of elections shall  issue  advisory  opinions
 upon  request  regarding  expenditures that may or may not be considered
 personal use of contributions. Any formal or informal advisory  opinions
 issued  by  a  majority  vote of the commissioners of the state board of
 elections shall be binding on the board, the chief  enforcement  counsel
 established by subdivision three-a of section 3-100 of this chapter, and
 in  any subsequent civil or criminal action or proceeding or administra-
 tive proceeding.
   § 9. The election law is amended by adding a  new  section  14-140  to
 read as follows:
   §  14-140.  DISPOSITION OF CAMPAIGN FUNDS. 1. AN AUTHORIZED CONTINUING
 CANDIDATE COMMITTEE MUST DISPOSE OF ALL  FUNDS  AND  CLOSE  WITHIN  FOUR
 YEARS  AFTER  THE  LATER  OF (A) THE END OF THE INDIVIDUAL'S MOST RECENT
 TERM OF OFFICE, OR (B) THE DATE OF THE ELECTION IN WHICH THE  INDIVIDUAL
 LAST WAS A FILED CANDIDATE.
   2.  ANY  CANDIDATE OR POLITICAL COMMITTEE REQUIRED TO DISPOSE OF FUNDS
 PURSUANT TO THIS SECTION SHALL, AT THE OPTION OF THE CANDIDATE,  OR  THE
 TREASURER  OF A POLITICAL COMMITTEE FORMED SOLELY TO PROMOTE THE PASSAGE
 OR DEFEAT OF A BALLOT PROPOSAL, DISPOSE OF SUCH  FUNDS  BY  ANY  OF  THE
 FOLLOWING MEANS, OR ANY COMBINATION THEREOF:
   A.  RETURNING,  PRO  RATA, TO EACH CONTRIBUTOR THE FUNDS THAT HAVE NOT
 BEEN SPENT OR OBLIGATED;
   B. DONATING THE FUNDS TO A CHARITABLE  ORGANIZATION  OR  ORGANIZATIONS
 THAT MEET THE QUALIFICATIONS OF SECTION 501(C)(3) OF THE INTERNAL REVEN-
 UE CODE;
   C. DONATING THE FUNDS TO THE STATE UNIVERSITY;
   D. DONATING THE FUNDS TO THE STATE'S GENERAL FUND;
   E.  TRANSFERRING  THE  FUNDS TO A POLITICAL PARTY COMMITTEE REGISTERED
 WITH THE STATE BOARD OF ELECTIONS; OR
   F. CONTRIBUTING THE FUNDS TO A CANDIDATE OR POLITICAL  COMMITTEE  SUCH
 THAT THIS DOES NOT EXCEED THE LIMITS SET FORTH IN SECTION 14-114 OF THIS
 ARTICLE.
   3. NO CANDIDATE OR POLITICAL COMMITTEE SHALL DISPOSE OF CAMPAIGN FUNDS
 BY  MAKING EXPENDITURES FOR PERSONAL USE AS DEFINED IN SECTION 14-130 OF
 THIS ARTICLE.

 S. 5473                            10

   4. UPON THE DEATH OF A CANDIDATE, FORMER CANDIDATE OR HOLDER OF  ELEC-
 TIVE  OFFICE,  WHO  RECEIVED  CAMPAIGN  CONTRIBUTIONS, ALL CONTRIBUTIONS
 SHALL BE DISPOSED OF ACCORDING TO THIS SECTION WITHIN TWELVE  MONTHS  OF
 THE DEATH OF THE CANDIDATE.
   §  10. Subdivision 1 of section 14-102 of the election law, as amended
 by chapter 8 and redesignated by chapter 9  of  the  laws  of  1978,  is
 amended to read as follows:
   1.  The  treasurer of every political committee which, or any officer,
 member or agent of any  such  committee  who,  in  connection  with  any
 election,  receives  or  expends  any  money  or other valuable thing or
 incurs any liability to pay money or its equivalent  shall  file  state-
 ments  sworn,  or subscribed and bearing a form notice that false state-
 ments made therein are punishable as a class A misdemeanor  pursuant  to
 section 210.45 of the penal law, at the times prescribed by this article
 setting forth all the receipts, contributions to and the expenditures by
 and  liabilities  of  the  committee,  and  of its officers, members and
 agents in its behalf. Such statements shall include the dollar amount of
 any receipt, contribution or transfer, or the fair market value  of  any
 receipt,  contribution  or  transfer,  which is other than of money, the
 name and address of the transferor,  contributor  or  person  from  whom
 received,  IF THE CONTRIBUTOR IS A LOBBYIST REGISTERED PURSUANT TO ARTI-
 CLE ONE-A OF THE LEGISLATIVE LAW and if the transferor,  contributor  or
 person  is  a  political  committee;  the name of and the political unit
 represented by the committee, the date of its receipt, the dollar amount
 of every expenditure, the name and address of the person to whom it  was
 made  or the name of and the political unit represented by the committee
 to which it was made and the date thereof, and shall state  clearly  the
 purpose  of  such expenditure. Any statement reporting a loan shall have
 attached to it a copy of the evidence of indebtedness.  Expenditures  in
 sums under fifty dollars need not be specifically accounted for by sepa-
 rate  items in said statements, and receipts and contributions aggregat-
 ing not more than ninety-nine dollars, from any one contributor need not
 be specifically accounted for by  separate  items  in  said  statements,
 provided  however,  that  such  expenditures, receipts and contributions
 shall be subject to the other provisions of section 14-118 of this arti-
 cle.
   § 11. Subdivision 3 of section  74  of  the  public  officers  law  is
 amended by adding a new paragraph j to read as follows:
   J. NO OFFICER OR EMPLOYEE OF A STATE AGENCY REQUIRED TO FILE AN ANNUAL
 STATEMENT OF FINANCIAL DISCLOSURE PURSUANT TO SECTION SEVENTY-THREE-A OF
 THIS  ARTICLE  SHALL SOLICIT OR RECEIVE CONTRIBUTIONS FOR A CAMPAIGN FOR
 STATE OR FEDERAL OFFICE.
   § 12. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law; provided that  section
 14-136  of  the election law as added by section seven of this act shall
 take effect two years after such effective date;  and  provided  further
 that  sections eight, nine, ten and eleven of this act shall take effect
 on the sixtieth day after it shall have become a law; provided, however,
 that the state board of elections shall notify all  registered  campaign
 committees of the applicable provisions of sections eight, nine, ten and
 eleven of this act within thirty days after this act shall have become a
 law.

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Senate Bill S5473

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

2017-S5473 (ACTIVE) - Details

2017-S5473 (ACTIVE) - Summary

2017-S5473 (ACTIVE) - Sponsor Memo

2017-S5473 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5473

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Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

Joseph P. Addabbo Jr.

Brad Hoylman-Sigal

Jose M. Serrano

2017-S5473 (ACTIVE) - Details

2017-S5473 (ACTIVE) - Summary

2017-S5473 (ACTIVE) - Sponsor Memo

2017-S5473 (ACTIVE) - Bill Text download pdf

Comments