A. 7732 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 14-134 and
14-136 to read as follows:
§ 14-134. 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-
A. 7732 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;
A. 7732 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.
A. 7732 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
A. 7732 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.
§ 14-136. 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
A. 7732 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
A. 7732 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
A. 7732 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 14-138 to
read as follows:
§ 14-138. 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.
A. 7732 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
14-134 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.