S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2688
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Ethics and Internal Gover-
   nance
 
 AN ACT to amend the public officers law  and  the  legislative  law,  in
   relation  to  the  receipt of monies by members of the legislature for
   purposes of legal defense

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The public officers law is amended by adding a new section
 77-b to read as follows:
   § 77-B. DISCLOSURE OF SPECIAL DEFENSE FUNDS RECEIVED BY MEMBERS OF THE
 LEGISLATURE. 1. CONTRIBUTIONS MADE BY ANY PERSON, FIRM,  ASSOCIATION  OR
 CORPORATION  TO  A MEMBER OF THE STATE LEGISLATURE WHICH ARE INTENDED TO
 BE USED BY SUCH MEMBER, OR ON BEHALF OF SUCH MEMBER, FOR THE PAYMENT  OF
 LEGAL SERVICES AND OTHER CHARGES IN CONNECTION WITH THE LEGAL DEFENSE OF
 SUCH  MEMBER  IN  ANY  PAST OR PENDING CIVIL OR CRIMINAL ACTION SHALL BE
 SUBJECT TO THE MONETARY LIMITATIONS SET  FORTH  IN  SUBDIVISION  ONE  OF
 SECTION  14-114  OF  THE  ELECTION  LAW.  SUCH  CONTRIBUTIONS  SHALL  BE
 DISCLOSED ANNUALLY TO THE LEGISLATIVE ETHICS COMMISSION ON SWORN  STATE-
 MENTS  SETTING FORTH THE DOLLAR AMOUNT OF ANY RECEIPT OR CONTRIBUTION OR
 THE FAIR MARKET VALUE OF ANY RECEIPT OR CONTRIBUTION WHICH IS OTHER THAN
 OF MONEY, THE NAME AND ADDRESS OF THE CONTRIBUTOR OR  PERSON  FROM  WHOM
 RECEIVED.  ANY  STATEMENT  REPORTING  A LOAN SHALL HAVE ATTACHED TO IT A
 COPY OF THE EVIDENCE OF INDEBTEDNESS. THE LEGISLATIVE ETHICS  COMMISSION
 SHALL PROVIDE FORMS SUITABLE FOR SUCH STATEMENTS.
   2.  FOR  THE  PURPOSES OF THIS SECTION, "CONTRIBUTION" MEANS ANY GIFT,
 SUBSCRIPTION, ADVANCE, OR DEPOSIT OF MONEY OR ANY THING OF  VALUE,  MADE
 IN  CONNECTION  WITH THE LEGAL DEFENSE OF A MEMBER OF THE LEGISLATURE IN
 CONNECTION WITH A CIVIL OR CRIMINAL ACTION AGAINST SUCH MEMBER,  INCLUD-
 ING  BUT  NOT  LIMITED  TO COMPENSATION FOR THE PERSONAL SERVICES OF ANY
 INDIVIDUAL WHICH ARE RENDERED IN  CONNECTION  WITH  SUCH  LEGAL  DEFENSE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04811-01-3
              

 S. 2688                             2
 
 WITHOUT  CHARGE.  A  LOAN  MADE  TO  A  MEMBER OF THE LEGISLATURE BY ANY
 PERSON, FIRM, ASSOCIATION OR  CORPORATION  OTHER  THAN  IN  THE  REGULAR
 COURSE  OF  THE LENDER'S BUSINESS SHALL BE DEEMED A CONTRIBUTION FOR THE
 PURPOSES OF THIS SECTION.  THE PROVISIONS OF THIS SECTION SHALL APPLY TO
 CONTRIBUTIONS  MADE  ON  AND  AFTER  JANUARY FIRST, TWO THOUSAND TWENTY-
 THREE.
   3. ANY ANONYMOUS CONTRIBUTIONS RECEIVED BY A MEMBER OF THE LEGISLATURE
 FOR THE LEGAL DEFENSE OF SUCH MEMBER SHALL NOT BE USED OR EXPENDED,  BUT
 THE  SAME SHALL BE PAID OVER TO THE COMPTROLLER OF THE STATE OF NEW YORK
 FOR DEPOSIT IN THE GENERAL TREASURY OF THE STATE UNLESS, BEFORE THE DATE
 FOR FILING STATEMENTS AND REPORTS AS HEREIN PROVIDED,  THE  IDENTITY  OF
 SUCH  ANONYMOUS  CONTRIBUTOR  SHALL BECOME KNOWN, AND, IN SUCH EVENT THE
 ANONYMOUS CONTRIBUTION SHALL BE RETURNED TO SUCH CONTRIBUTOR OR RETAINED
 AND PROPERLY REPORTED AS A CONTRIBUTION FROM SUCH CONTRIBUTOR.
   § 2. Paragraph (vii) of subdivision (j) of section 1-c of the legisla-
 tive law, as amended by section 1 of part D of chapter 399 of  the  laws
 of 2011, is amended to read as follows:
   (vii)  gifts  from  a  family member, member of the same household, or
 person with a personal relationship with the public official,  including
 invitations to attend personal or family social events, when the circum-
 stances  establish  that  it  is  the  family,  household,  or  personal
 relationship that is the primary motivating factor; in determining moti-
 vation, the following factors shall be among those considered:  (A)  the
 history and nature of the relationship between the donor and the recipi-
 ent,  including whether or not items have previously been exchanged; (B)
 whether the item was purchased by the donor; and (C) whether or not  the
 donor at the same time gave similar items to other public officials; the
 transfer shall not be considered to be motivated by a family, household,
 or  personal  relationship  if  the  donor seeks to charge or deduct the
 value of such item as a business expense or seeks reimbursement  from  a
 client.  CONTRIBUTIONS  MADE  BY ANY INDIVIDUAL OR ENTITY REQUIRED TO BE
 LISTED ON A STATEMENT OF REGISTRATION PURSUANT  TO  THIS  ARTICLE  TO  A
 MEMBER  OF  THE  STATE LEGISLATURE WHICH ARE INTENDED TO BE USED BY SUCH
 MEMBER OR ON BEHALF OF SUCH MEMBER FOR THE PAYMENT OF LEGAL SERVICES AND
 OTHER CHARGES IN CONNECTION WITH THE LEGAL DEFENSE OF SUCH MEMBER IN ANY
 PAST OR PENDING CIVIL OR CRIMINAL ACTION SHALL BE CONSIDERED GIFTS UNDER
 THIS ARTICLE;
   § 3.  Subdivision 13 of section 80 of the legislative law, as  amended
 by section 4 of part QQ of chapter 56 of the laws of 2022, is amended to
 read as follows:
   13.  Within  one  hundred  twenty  days  of the effective date of this
 subdivision, the commission  shall  create  and  thereafter  maintain  a
 publicly  accessible  website  which  shall  set forth the procedure for
 filing a complaint with the commission on ethics and lobbying in govern-
 ment, and which shall contain DISCLOSURE FORMS FILED PURSUANT TO SECTION
 SEVENTY-SEVEN-B OF THE  PUBLIC  OFFICERS LAW AND any  other  records  or
 information which the commission determines to be appropriate.
   §  4. This act shall take effect immediately provided that section one
 of this act shall be deemed to have been in full force and effect on and
 after January 1, 2023.