S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2505
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 26, 2015
                                      ___________
       Introduced  by Sens. KRUEGER, ADDABBO, AVELLA, HOYLMAN, 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:
    1    Section 1.  This act shall be known and may be cited as the  "Lobbyist
    2  Disclosure Campaign Fund Act".
    3    S  2.  Section  1-c  of the legislative law is amended by adding a new
    4  subdivision (x) to read as follows:
    5    (X) THE TERM "FAMILY MEMBER" SHALL MEAN ANY OF THE FOLLOWING,  INCLUD-
    6  ING  PARENTS,  STEPPARENTS,  SPOUSE,  DOMESTIC  PARTNERS,  GRANDPARENTS,
    7  BROTHERS, SISTERS, UNCLES, AND AUNTS, WHETHER OF THE WHOLE BLOOD OR HALF
    8  BLOOD OR BY OR THROUGH LEGAL SANCTION.
    9    S 3.  Paragraph 5 of subdivision (b) of section 1-h of the legislative
   10  law is amended by adding two new subparagraphs (vi) and (vii) to read as
   11  follows:
   12    (VI) THE CAMPAIGN CONTRIBUTIONS MADE, IN ANY FORM, TO ANY CAMPAIGN  OR
   13  POLITICAL  COMMITTEE IN NEW YORK STATE BY THE CLIENT BY WHOM OR ON WHOSE
   14  BEHALF THE LOBBYIST IS RETAINED, EMPLOYED OR DESIGNATED, BY  THE  LOBBY-
   15  IST, AND BY ANY EMPLOYEES OF THE LOBBYIST.
   16    (VII)  THE  AMOUNT  OF  COMPENSATION  PAID AND THE NAMES OF ANY FAMILY
   17  MEMBERS OF A PUBLIC OFFICIAL TO WHOM A LOBBYIST AND THE CLIENT  BY  WHOM
   18  OR  ON WHOSE BEHALF THE LOBBYIST IS RETAINED, EMPLOYED OR DESIGNATED HAS
   19  PAID COMPENSATION OF MORE THAN FIVE HUNDRED  DOLLARS  IN  THE  PRECEDING
   20  CALENDAR YEAR FOR PERSONAL EMPLOYMENT OR PROFESSIONAL SERVICES.
   21    S  4. Subdivision (b) of section 1-h of the legislative law is amended
   22  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.
                                                                  LBD00241-01-5
       S. 2505                             2
    1    (6) THE NAME, ADDRESS AND TELEPHONE NUMBER OF ANY PUBLIC OFFICIAL WITH
    2  WHOM THE LOBBYIST HAS ANY BUSINESS RELATIONSHIP.
    3    S  5. Paragraph 5 of subdivision (b) of section 1-j of the legislative
    4  law is amended by adding two new subparagraphs (vi) and (vii) to read as
    5  follows:
    6     (VI) THE CAMPAIGN CONTRIBUTIONS MADE, IN ANY FORM, TO ANY CAMPAIGN OR
    7  POLITICAL COMMITTEE IN NEW YORK STATE BY THE CLIENT BY WHOM OR ON  WHOSE
    8  BEHALF  THE  LOBBYIST IS RETAINED, EMPLOYED OR DESIGNATED, BY THE LOBBY-
    9  IST, AND BY ANY EMPLOYEES OF THE LOBBYIST.
   10    (VII) THE AMOUNT OF COMPENSATION PAID AND  THE  NAMES  OF  ANY  FAMILY
   11  MEMBERS  OF  A PUBLIC OFFICIAL TO WHOM A LOBBYIST AND THE CLIENT BY WHOM
   12  OR ON WHOSE BEHALF THE LOBBYIST IS RETAINED, EMPLOYED OR DESIGNATED  HAS
   13  PAID  COMPENSATION  OF  MORE  THAN FIVE HUNDRED DOLLARS IN THE PRECEDING
   14  CALENDAR YEAR FOR PERSONAL EMPLOYMENT OR PROFESSIONAL SERVICES.
   15    S 6. Subdivision (b) of section 1-j of the legislative law is  amended
   16  by adding a new paragraph 7 to read as follows:
   17   (7)  THE NAME, ADDRESS AND TELEPHONE NUMBER OF ANY PUBLIC OFFICIAL WITH
   18  WHOM THE LOBBYIST HAS ANY BUSINESS RELATIONSHIP.
   19    S 7. The election law is amended by adding three new sections  14-131,
   20  14-132 and 14-133 to read as follows:
   21    S 14-131. LOBBYIST REPORTING AND CONTRIBUTION LIMITS.  1. DEFINITIONS.
   22  THE FOLLOWING DEFINITIONS SHALL APPLY TO THIS SECTION:
   23    A. "AGENT" MEANS ANY PERSON ACTING AT THE DIRECTION OF OR ON BEHALF OF
   24  AN INDIVIDUAL OR BUSINESS ENTITY;
   25    B.  "BUSINESS  ENTITY"  MEANS  A  BUSINESS  CORPORATION,  PROFESSIONAL
   26  SERVICES CORPORATION, LIMITED LIABILITY  COMPANY,  PARTNERSHIP,  LIMITED
   27  PARTNERSHIP,  BUSINESS  TRUST, ASSOCIATION OR ANY OTHER LEGAL COMMERCIAL
   28  ENTITY ORGANIZED UNDER THE LAWS OF THIS STATE  OR  ANY  OTHER  STATE  OR
   29  FOREIGN  JURISDICTION,  INCLUDING  ANY SUBSIDIARY DIRECTLY OR INDIRECTLY
   30  CONTROLLED BY THE  BUSINESS  ENTITY,  AND  ANY  POLITICAL  ORGANIZATION,
   31  INCLUDING  BUT NOT LIMITED TO ANY POLITICAL ORGANIZATION ORGANIZED UNDER
   32  SECTION 527 OF THE INTERNAL REVENUE CODE, THAT IS DIRECTLY OR INDIRECTLY
   33  CONTROLLED BY THE BUSINESS ENTITY;
   34    C. "IMMEDIATE FAMILY" MEANS ANY SPOUSE OR CHILD OF  AN  INDIVIDUAL  OR
   35  ANY  FINANCIALLY  DEPENDENT  RELATIVES  WHO  RESIDE  IN THE INDIVIDUAL'S
   36  HOUSEHOLD;
   37    D. "HOUSEKEEPING ACCOUNT" MEANS  AN  ACCOUNT  MAINTAINED  BY  A  PARTY
   38  COMMITTEE  OR  CONSTITUTED COMMITTEE FROM WHICH EXPENDITURES ARE MADE TO
   39  MAINTAIN A PERMANENT HEADQUARTERS AND STAFF AND CARRY ON ORDINARY  PARTY
   40  ACTIVITIES WHICH ARE NOT FOR THE EXPRESS PURPOSE OF PROMOTING THE CANDI-
   41  DACY OF SPECIFIC CANDIDATES;
   42    E.  "CANDIDATE  FOR  STATE OFFICE" MEANS A CANDIDATE FOR THE FOLLOWING
   43  STATE OFFICES: GOVERNOR, LIEUTENANT GOVERNOR,  ATTORNEY  GENERAL,  COMP-
   44  TROLLER, SENATOR, AND MEMBER OF THE ASSEMBLY;
   45    F.  "BEHESTED  PAYMENTS"  MEANS CONTRIBUTIONS OR PAYMENTS SOLICITED BY
   46  STATE ELECTED OFFICIALS TO BE  USED  FOR  LEGISLATIVE,  GOVERNMENTAL  OR
   47  CHARITABLE PURPOSES, BUT NOT CAMPAIGN PURPOSES; AND
   48    G.  "PERSONAL  BUSINESS  TRANSACTION"  MEANS TRANSACTIONS FOR SERVICES
   49  OFFERED BY THE ELECTED OFFICIAL IN HIS OR  HER  CAPACITY  AS  A  PRIVATE
   50  CITIZEN TO ANY MEMBER OF THE PUBLIC.
   51    2. THE FOLLOWING PERSONS AND BUSINESS ENTITIES WHO MAKE A CONTRIBUTION
   52  TO  A CANDIDATE FOR STATE OFFICE, A POLITICAL COMMITTEE WORKING DIRECTLY
   53  OR INDIRECTLY TO AID OR PARTICIPATE IN SUCH  CANDIDATE'S  NOMINATION  OR
   54  ELECTION, A POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY SUCH CANDI-
   55  DATE,  OR  A  STATE OR LOCAL COMMITTEE OF A POLITICAL PARTY, INCLUDING A
   56  HOUSEKEEPING ACCOUNT, SHALL FILE  REPORTS  AS  REQUIRED  BY  SUBDIVISION
       S. 2505                             3
    1  THREE  OF  THIS  SECTION  WITH THE STATE BOARD OF ELECTIONS WITHIN SEVEN
    2  CALENDAR DAYS AFTER THE DATE OF A CONTRIBUTION:
    3    A.  A  LOBBYIST REGISTERED UNDER SECTION ONE-E OF THE LEGISLATIVE LAW,
    4  INCLUDING ANY PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS  ENTITY
    5  THAT IS SO REGISTERED;
    6    B.  ANY  PERSON  WHO  OWNS  MORE THAN TEN PERCENT OF A BUSINESS ENTITY
    7  DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION;
    8    C. ANY PERSON EMPLOYED BY AN ORGANIZATION, GROUP, OR  BUSINESS  ENTITY
    9  DESCRIBED  IN PARAGRAPH A OF THIS SUBDIVISION WHO HOLDS A SENIOR MANAGE-
   10  MENT POSITION AS DEFINED BY THE COMMISSION ON GOVERNMENTAL ETHICS;
   11    D. THE IMMEDIATE FAMILY MEMBER OF A PERSON WHO IS DESCRIBED  IN  PARA-
   12  GRAPH A, B OR C OF THIS SUBDIVISION; OR
   13    E.  ANY  POLITICAL  COMMITTEE  ESTABLISHED  OR CONTROLLED BY A PERSON,
   14  ORGANIZATION, GROUP OF PERSONS OR BUSINESS  ENTITY  DESCRIBED  IN  PARA-
   15  GRAPHS A, B, C OR D OF THIS SUBDIVISION.
   16    3. THE BOARD OF ELECTIONS SHALL PRESCRIBE FORMS AND PROCEDURES FOR THE
   17  REPORTING  REQUIRED IN SUBDIVISION TWO OF THIS SECTION WHICH, AT A MINI-
   18  MUM, SHALL REQUIRE ELECTRONIC FILING OF THE FOLLOWING INFORMATION:
   19    A. THE NAME, ADDRESS, EMPLOYER AND NAME OF SPOUSE OF THE PERSON MAKING
   20  THE CONTRIBUTION AND THE NAME OF THE SPOUSE'S EMPLOYER;
   21    B. THE NAME OF THE CANDIDATE, POLITICAL COMMITTEE, OR STATE  OR  LOCAL
   22  COMMITTEE  OF  A  POLITICAL  PARTY,  INCLUDING  A  HOUSEKEEPING ACCOUNT,
   23  RECEIVING THE CONTRIBUTION;
   24    C. THE AMOUNT AND DATE OF THE CONTRIBUTION; AND
   25    D. IF AN ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY IS  MAKING
   26  THE CONTRIBUTION:
   27    (I)  THE NAMES AND BUSINESS ADDRESSES OF ALL PERSONS WHO OWN MORE THAN
   28  TEN PERCENT OF THE ORGANIZATION, GROUP OR ENTITY; OR
   29    (II) THE NAMES AND BUSINESS ADDRESSES OF ALL PERSONS EMPLOYED  BY  THE
   30  ORGANIZATION,  GROUP,  OR  BUSINESS  ENTITY WHO HOLD A SENIOR MANAGEMENT
   31  POSITION AS DEFINED BY THE COMMISSION ON GOVERNMENTAL ETHICS.
   32    4. ELECTED OFFICIALS MUST  REPORT  ANY  BEHESTED  PAYMENTS  THEY  HAVE
   33  SOLICITED  IF THEY TOTAL FIVE THOUSAND DOLLARS OR MORE PER CALENDAR YEAR
   34  FROM A SINGLE SOURCE WITHIN THIRTY DAYS OF THE DATE THE BEHESTED PAYMENT
   35  IS MADE ON FORMS PROSCRIBED BY THE COMMISSION ON GOVERNMENTAL ETHICS.
   36    5. THE BOARD OF ELECTIONS SHALL MAINTAIN COMPLETED FORMS  AND  REPORTS
   37  DESCRIBED  IN SUBDIVISION TWO OF THIS SECTION FOR PUBLIC INSPECTION BOTH
   38  AT THE BOARD OF ELECTIONS OFFICE AND  THROUGH  THE  BOARD  OF  ELECTIONS
   39  ELECTRONIC FILING SYSTEM FOR CAMPAIGN FINANCE DISCLOSURE (EFS).
   40    6. IT SHALL BE UNLAWFUL FOR ANY PERSON, ORGANIZATION, GROUP OF PERSONS
   41  OR  BUSINESS ENTITY DESCRIBED IN PARAGRAPHS A, B, C, D AND E OF SUBDIVI-
   42  SION TWO OF THIS SECTION TO:
   43    A. MAKE CONTRIBUTIONS TO A CANDIDATE FOR  STATE  OFFICE,  A  POLITICAL
   44  COMMITTEE  WORKING  DIRECTLY OR INDIRECTLY TO AID OR PARTICIPATE IN SUCH
   45  CANDIDATE'S NOMINATION OR ELECTION, OR A POLITICAL COMMITTEE ESTABLISHED
   46  OR CONTROLLED BY SUCH CANDIDATE THAT EXCEED THE  FOLLOWING  AMOUNTS  PER
   47  ELECTION FOR THE FOLLOWING OFFICES:
   48    (I) GOVERNOR:  FIVE HUNDRED DOLLARS;
   49    (II) LIEUTENANT GOVERNOR:  FIVE HUNDRED DOLLARS;
   50    (III) ATTORNEY GENERAL:  FIVE HUNDRED DOLLARS;
   51    (IV) COMPTROLLER:  FIVE HUNDRED DOLLARS;
   52    (V) SENATOR: THREE HUNDRED FIFTY DOLLARS; AND
   53    (VI) MEMBER OF ASSEMBLY: TWO HUNDRED FIFTY DOLLARS;
   54    B. MAKE CONTRIBUTIONS TO:
   55    (I)  POLITICAL  COMMITTEES  WORKING  DIRECTLY  OR INDIRECTLY TO AID OR
   56  PARTICIPATE IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR THE OFFICES
       S. 2505                             4
    1  DESCRIBED IN SUBPARAGRAPHS (I), (II), (III), (IV), (V) AND (VI) OF PARA-
    2  GRAPH A OF THIS SUBDIVISION, OR OTHER POLITICAL  COMMITTEES  ESTABLISHED
    3  OR  CONTROLLED BY A CANDIDATE FOR THE OFFICES DESCRIBED IN SUBPARAGRAPHS
    4  (I), (II), (III), (IV), (V) AND (VI) OF PARAGRAPH A OF THIS SUBDIVISION,
    5  THAT IN THE AGGREGATE EXCEED FOUR THOUSAND DOLLARS PER ELECTION; OR
    6    (II)  STATE  OR  LOCAL  COMMITTEES OF A POLITICAL PARTY, OR ANY HOUSE-
    7  KEEPING ACCOUNT, IN AN AMOUNT GREATER  THAN  ONE  THOUSAND  DOLLARS  PER
    8  ELECTION,  AND IN AN AGGREGATE TO ALL STATE OR LOCAL COMMITTEES OF POLI-
    9  TICAL PARTIES IN AN AGGREGATE THAT  EXCEEDS  TWO  THOUSAND  DOLLARS  PER
   10  ELECTION;
   11    C.  TRANSMIT  A  CONTRIBUTION  ON  BEHALF  OF ANOTHER TO, OR SOLICIT A
   12  CONTRIBUTION ON BEHALF OF:
   13    (I) A CANDIDATE FOR ANY OF THE OFFICES  FOR  WHICH  CONTRIBUTIONS  ARE
   14  LIMITED UNDER PARAGRAPH A OF THIS SUBDIVISION;
   15    (II)  ANY POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID OR
   16  PARTICIPATE IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR OFFICE  FOR
   17  WHICH  THEIR  CONTRIBUTIONS  ARE LIMITED IN PARAGRAPH A OF THIS SUBDIVI-
   18  SION, OR ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR  CONTROLLED  BY  A
   19  CANDIDATE  FOR  THE  OFFICES  FOR  WHICH THEIR CONTRIBUTIONS ARE LIMITED
   20  UNDER PARAGRAPH A OF THIS SUBDIVISION;
   21    (III) A STATE OR LOCAL COMMITTEE OF A  POLITICAL  PARTY,  INCLUDING  A
   22  HOUSEKEEPING ACCOUNT;
   23    D. PARTICIPATE IN ANY FUND-RAISING ACTIVITIES FOR:
   24    (I)  A  CANDIDATE  FOR  ANY OF THE OFFICES FOR WHICH CONTRIBUTIONS ARE
   25  LIMITED UNDER PARAGRAPH A OF THIS SUBDIVISION;
   26    (II) ANY POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID  OR
   27  PARTICIPATE  IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR OFFICE FOR
   28  WHICH THEIR CONTRIBUTIONS ARE LIMITED IN PARAGRAPH A  OF  THIS  SUBDIVI-
   29  SION,  OR  ANY  OTHER POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY A
   30  CANDIDATE FOR THE OFFICES FOR  WHICH  THEIR  CONTRIBUTIONS  ARE  LIMITED
   31  UNDER PARAGRAPH A OF THIS SUBDIVISION;
   32    (III)  A  STATE  OR  LOCAL COMMITTEE OF A POLITICAL PARTY, INCLUDING A
   33  HOUSEKEEPING ACCOUNT;
   34    E. SERVE AS CHAIRPERSON, TREASURER, OR ANY OTHER OFFICER OF:
   35    (I) ANY POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO  AID  OR
   36  PARTICIPATE  IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR OFFICE FOR
   37  WHICH THEIR CONTRIBUTIONS ARE LIMITED UNDER PARAGRAPH A OF THIS SUBDIVI-
   38  SION; OR
   39    (II) ANY OTHER POLITICAL COMMITTEE  ESTABLISHED  OR  CONTROLLED  BY  A
   40  CANDIDATE FOR WHICH THEIR CONTRIBUTIONS ARE LIMITED UNDER PARAGRAPH A OF
   41  THIS SUBDIVISION;
   42    F.  CONDUCT PERSONAL BUSINESS TRANSACTIONS IN AN AMOUNT OVER TWO THOU-
   43  SAND DOLLARS IN ANY CALENDAR YEAR WITH A  PUBLIC  OFFICIAL  HOLDING  THE
   44  OFFICES  FOR  WHICH THEIR CONTRIBUTIONS ARE LIMITED UNDER PARAGRAPH A OF
   45  THIS SUBDIVISION;
   46    G. DELIVER TO ANY CONDUIT OR INTERMEDIARY ANY  CONTRIBUTION  EARMARKED
   47  FOR A PARTICULAR CANDIDATE FOR THE OFFICES FOR WHICH THEIR CONTRIBUTIONS
   48  ARE  LIMITED  UNDER  PARAGRAPH  A  OF THIS SUBDIVISION, OR ANY COMMITTEE
   49  WORKING DIRECTLY OR INDIRECTLY TO AID OR PARTICIPATE IN SUCH CANDIDATE'S
   50  NOMINATION OR ELECTION, OR ANY OTHER POLITICAL COMMITTEE ESTABLISHED  OR
   51  CONTROLLED BY SUCH CANDIDATE; OR
   52    H.  KNOWINGLY  TAKE OTHER STEPS TO CIRCUMVENT THE RESTRICTIONS IN THIS
   53  SUBSECTION.
   54    7. NO CANDIDATE FOR STATE OFFICE, COMMITTEE WORKING DIRECTLY OR  INDI-
   55  RECTLY TO AID OR PARTICIPATE IN SUCH CANDIDATE'S NOMINATION OR ELECTION,
   56  OR  ANY  OTHER  POLITICAL  COMMITTEE  ESTABLISHED  OR CONTROLLED BY SUCH
       S. 2505                             5
    1  CANDIDATE SHALL ACCEPT  CONTRIBUTIONS  FROM  ANY  PERSON,  ORGANIZATION,
    2  GROUP  OF  PERSONS, OR BUSINESS ENTITY DESCRIBED IN PARAGRAPH A, B, C, D
    3  OR E OF SUBDIVISION TWO  OF  THIS  SECTION  THAT  EXCEED  THE  FOLLOWING
    4  AMOUNTS PER ELECTION FOR THE FOLLOWING OFFICES:
    5    A. GOVERNOR:  FIVE HUNDRED DOLLARS;
    6    B. LIEUTENANT GOVERNOR:  FIVE HUNDRED DOLLARS;
    7    C. COMPTROLLER:  FIVE HUNDRED DOLLARS;
    8    D. ATTORNEY GENERAL:  FIVE HUNDRED DOLLARS;
    9    E. SENATOR: THREE HUNDRED FIFTY DOLLARS; AND
   10    F. MEMBER OF ASSEMBLY: TWO HUNDRED FIFTY DOLLARS.
   11    8.  NO STATE OR LOCAL POLITICAL PARTY COMMITTEES, INCLUDING ANY HOUSE-
   12  KEEPING ACCOUNT, SHALL ACCEPT CONTRIBUTIONS IN AN  AMOUNT  GREATER  THAN
   13  ONE  THOUSAND  DOLLARS PER ELECTION FROM ANY PERSON, ORGANIZATION, GROUP
   14  OF PERSONS OR BUSINESS ENTITY DESCRIBED IN PARAGRAPH A, B, C, D OR E  OF
   15  SUBDIVISION TWO OF THIS SECTION.
   16    9. NO PUBLIC OFFICIAL HOLDING ANY OF THE OFFICES LISTED IN PARAGRAPH A
   17  OF SUBDIVISION SIX OF THIS SECTION SHALL CONDUCT PERSONAL BUSINESS TRAN-
   18  SACTIONS  IN  AN  AMOUNT  OVER TWO THOUSAND DOLLARS IN ANY CALENDAR YEAR
   19  WITH ANY PERSON, ORGANIZATION,  GROUP  OF  PERSONS  OR  BUSINESS  ENTITY
   20  DESCRIBED  IN  PARAGRAPH  A,  B,  C,  D  OR E OF SUBDIVISION TWO OF THIS
   21  SECTION.
   22    10. THIS SECTION SHALL NOT PROHIBIT  ANY  PERSON  FROM  INFORMING  ANY
   23  OTHER PERSON OF A POSITION TAKEN BY A PUBLIC OFFICIAL OR A CANDIDATE FOR
   24  PUBLIC OFFICE.
   25    11.  THE  PROVISIONS OF SUBDIVISIONS TWO AND SIX OF THIS SECTION SHALL
   26  NOT APPLY TO THE CAMPAIGN OF ANY PERSON DESCRIBED IN PARAGRAPH A,  B,  C
   27  OR  D  OF  SUBDIVISION TWO OF THIS SECTION WHO IS A CANDIDATE FOR ANY OF
   28  THOSE OFFICES LISTED IN PARAGRAPH A OF SUBDIVISION SIX OF THIS SECTION.
   29    S 14-132. GOVERNMENT CONTRACTOR REPORTING AND CONTRIBUTION LIMITS.  1.
   30  DEFINITIONS. THE FOLLOWING DEFINITIONS SHALL APPLY TO THIS SECTION:
   31    A. "AGENT" MEANS ANY PERSON ACTING AT THE DIRECTION OF OR ON BEHALF OF
   32  AN INDIVIDUAL OR BUSINESS ENTITY;
   33    B.  "BUSINESS  ENTITY"  MEANS  A  BUSINESS  CORPORATION,  PROFESSIONAL
   34  SERVICES  CORPORATION,  LIMITED  LIABILITY COMPANY, PARTNERSHIP, LIMITED
   35  PARTNERSHIP, BUSINESS TRUST, ASSOCIATION OR ANY OTHER  LEGAL  COMMERCIAL
   36  ENTITY  ORGANIZED  UNDER  THE  LAWS  OF THIS STATE OR ANY OTHER STATE OR
   37  FOREIGN JURISDICTION, INCLUDING ANY SUBSIDIARY  DIRECTLY  OR  INDIRECTLY
   38  CONTROLLED  BY  THE  BUSINESS  ENTITY,  AND  ANY POLITICAL ORGANIZATION,
   39  INCLUDING BUT NOT LIMITED TO ANY POLITICAL ORGANIZATION ORGANIZED  UNDER
   40  SECTION 527 OF THE INTERNAL REVENUE CODE, THAT IS DIRECTLY OR INDIRECTLY
   41  CONTROLLED BY THE BUSINESS ENTITY;
   42    C.  "IMMEDIATE  FAMILY"  MEANS ANY SPOUSE OR CHILD OF AN INDIVIDUAL OR
   43  ANY FINANCIALLY DEPENDENT  RELATIVES  WHO  RESIDE  IN  THE  INDIVIDUAL'S
   44  HOUSEHOLD;
   45    D.  "HOUSEKEEPING  ACCOUNT"  MEANS  AN  ACCOUNT  MAINTAINED BY A PARTY
   46  COMMITTEE OR CONSTITUTED COMMITTEE FROM WHICH EXPENDITURES ARE  MADE  TO
   47  MAINTAIN  A PERMANENT HEADQUARTERS AND STAFF AND CARRY ON ORDINARY PARTY
   48  ACTIVITIES WHICH ARE NOT FOR THE EXPRESS PURPOSE OF PROMOTING THE CANDI-
   49  DACY OF SPECIFIC CANDIDATES;
   50    E. "CANDIDATE FOR STATE OFFICE" MEANS A CANDIDATE  FOR  THE  FOLLOWING
   51  STATE  OFFICES:  GOVERNOR,  LIEUTENANT GOVERNOR, ATTORNEY GENERAL, COMP-
   52  TROLLER, SENATOR, AND MEMBER OF THE ASSEMBLY; AND
   53    F. "PERSONAL BUSINESS TRANSACTION"  MEANS  TRANSACTIONS  FOR  SERVICES
   54  OFFERED  BY  THE  ELECTED  OFFICIAL  IN HIS OR HER CAPACITY AS A PRIVATE
   55  CITIZEN TO ANY MEMBER OF THE PUBLIC.
       S. 2505                             6
    1    2. THE FOLLOWING PERSONS AND BUSINESS ENTITIES WHO MAKE A CONTRIBUTION
    2  TO A CANDIDATE FOR STATE OFFICE, A POLITICAL COMMITTEE WORKING  DIRECTLY
    3  OR  INDIRECTLY  TO  AID OR PARTICIPATE IN SUCH CANDIDATE'S NOMINATION OR
    4  ELECTION, A POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY SUCH CANDI-
    5  DATE,  OR  A  STATE OR LOCAL COMMITTEE OF A POLITICAL PARTY, INCLUDING A
    6  HOUSEKEEPING ACCOUNT, SHALL FILE  REPORTS  AS  REQUIRED  BY  SUBDIVISION
    7  THREE  OF THIS SECTION WITH THE BOARD OF ELECTIONS WITHIN SEVEN CALENDAR
    8  DAYS AFTER THE DATE OF A CONTRIBUTION MADE WITHIN THIRTY-SIX DAYS OF  AN
    9  ELECTION,   OR,  FOR  CONTRIBUTIONS  MADE  AT  ANY  OTHER  TIME,  WITHIN
   10  THIRTY-SIX DAYS OF THE DATE OF THE  CONTRIBUTION  OR  THE  DATE  OF  ANY
   11  APPLICABLE CONTRACT, WHICHEVER OCCURS LATER:
   12    A. ANY PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY THAT
   13  HAS  RECEIVED, IN A CALENDAR YEAR FIFTY THOUSAND DOLLARS OR MORE THROUGH
   14  CONTRACTS FROM THE STATE OR ANY STATE-APPOINTED ENTITY WITH  CONTRACTING
   15  POWER;
   16    B. ANY PERSON WHO OWNS MORE THAN TEN PERCENT OF A BUSINESS ENTITY THAT
   17  IS DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION;
   18    C.  ANY  PERSON EMPLOYED BY AN ORGANIZATION, GROUP, OR BUSINESS ENTITY
   19  DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION WHO HOLDS A SENIOR  MANAGE-
   20  MENT POSITION AS DEFINED BY THE STATE ETHICS COMMISSION;
   21    D.  THE  IMMEDIATE FAMILY MEMBER OF A PERSON WHO IS DESCRIBED IN PARA-
   22  GRAPH A, B OR C OF THIS SUBDIVISION; OR
   23    E. ANY POLITICAL COMMITTEE ESTABLISHED  OR  CONTROLLED  BY  A  PERSON,
   24  ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY DESCRIBED IN PARAGRAPH
   25  A, B, C AND D OF THIS SUBDIVISION.
   26    3. THE BOARD OF ELECTIONS SHALL PRESCRIBE FORMS AND PROCEDURES FOR THE
   27  REPORTING  REQUIRED IN SUBDIVISION TWO OF THIS SECTION WHICH, AT A MINI-
   28  MUM, SHALL REQUIRE THE ELECTRONIC FILING OF THE FOLLOWING INFORMATION:
   29    A. THE NAME, ADDRESS, EMPLOYER AND THE NAME OF SPOUSE  OF  THE  PERSON
   30  MAKING THE CONTRIBUTION AND THE NAME OF THE SPOUSE'S EMPLOYER;
   31    B.  THE  NAME OF THE CANDIDATE, POLITICAL COMMITTEE, OR STATE OR LOCAL
   32  COMMITTEE OF  A  POLITICAL  PARTY,  INCLUDING  A  HOUSEKEEPING  ACCOUNT,
   33  RECEIVING THE CONTRIBUTION;
   34    C.  THE  AMOUNT OF THE CONTRACT WITH THE STATE OR OTHER ENTITY DEFINED
   35  IN PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION,  AND  THE  DATES  AND
   36  OTHER INFORMATION IDENTIFYING EACH CONTRACT FOR SERVICES OR GOODS; AND
   37    D.  IF AN ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY IS MAKING
   38  THE CONTRIBUTION:
   39    (I) THE NAMES AND BUSINESS ADDRESSES OF ALL PERSONS WHO OWN MORE  THAN
   40  TEN PERCENT OF THE ORGANIZATION, GROUP OR ENTITY; OR
   41    (II)  THE  NAMES AND BUSINESS ADDRESSES OF ALL PERSONS EMPLOYED BY THE
   42  ORGANIZATION, GROUP, OR BUSINESS ENTITY WHO  HOLD  A  SENIOR  MANAGEMENT
   43  POSITION AS DEFINED BY THE COMMISSION ON GOVERNMENTAL ETHICS.
   44    4.  THE  BOARD OF ELECTIONS SHALL MAINTAIN COMPLETED FORMS AND REPORTS
   45  DESCRIBED IN SUBDIVISION TWO OF THIS SECTION FOR PUBLIC INSPECTION  BOTH
   46  AT  THE  BOARD  OF  ELECTIONS  OFFICE AND THROUGH THE BOARD OF ELECTIONS
   47  ELECTRONIC FILING SYSTEM FOR CAMPAIGN FINANCE DISCLOSURE (EFS).
   48    5. FROM TWELVE MONTHS AFTER A BID OR PROPOSAL TO THE  RELEVANT  AGENCY
   49  OR  CONTRACTING AUTHORITY FOR A CONTRACT DESCRIBED IN SUBDIVISION TWO OF
   50  THIS SECTION AND EITHER TWELVE MONTHS AFTER COMPLETION OF THE APPLICABLE
   51  CONTRACT, OR UPON COMPLETION OF THE APPLICABLE ELECTED  OFFICIAL'S  TERM
   52  IN  OFFICE,  WHICHEVER  IS  LONGER, IT SHALL BE UNLAWFUL FOR ANY PERSON,
   53  ORGANIZATION, GROUP OF PERSONS OR BUSINESS  ENTITY  DESCRIBED  IN  PARA-
   54  GRAPHS A, B, C AND D OR E OF SUBDIVISION TWO OF THIS SECTION TO:
   55    A.  MAKE  CONTRIBUTIONS TO A CANDIDATE FOR STATE OFFICE, ANY POLITICAL
   56  COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID OR PARTICIPATE  IN  SUCH
       S. 2505                             7
    1  CANDIDATE'S  NOMINATION  OR  ELECTION,  OR ANY OTHER POLITICAL COMMITTEE
    2  ESTABLISHED OR CONTROLLED BY SUCH CANDIDATE THAT  EXCEED  THE  FOLLOWING
    3  AMOUNTS PER ELECTION FOR THE FOLLOWING OFFICES:
    4    (I) GOVERNOR: FIVE HUNDRED DOLLARS;
    5    (II) LIEUTENANT GOVERNOR: FIVE HUNDRED DOLLARS;
    6    (III) COMPTROLLER: FIVE HUNDRED DOLLARS;
    7    (IV) ATTORNEY GENERAL: FIVE HUNDRED DOLLARS;
    8    (V) SENATOR: THREE HUNDRED FIFTY DOLLARS; OR
    9    (VI) MEMBER OF ASSEMBLY: TWO HUNDRED FIFTY DOLLARS;
   10    B. MAKE CONTRIBUTIONS TO:
   11    (I)  POLITICAL  COMMITTEES  WORKING  DIRECTLY  OR INDIRECTLY TO AID OR
   12  PARTICIPATE IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR THE OFFICES
   13  DESCRIBED IN SUBPARAGRAPHS (I), (II), (III), (IV), (V) AND (VI) OF PARA-
   14  GRAPH A OF THIS SUBDIVISION, OR OTHER POLITICAL  COMMITTEES  ESTABLISHED
   15  OR  CONTROLLED BY A CANDIDATE FOR THE OFFICES DESCRIBED IN SUBPARAGRAPHS
   16  (I), (II), (III), (IV), (V) AND (VI) OF PARAGRAPH A OF THIS  SUBDIVISION
   17  THAT IN THE AGGREGATE EXCEED FOUR THOUSAND DOLLARS PER ELECTION; OR
   18    (II)  STATE  OR  LOCAL  COMMITTEES OF A POLITICAL PARTY, OR ANY HOUSE-
   19  KEEPING ACCOUNT, IN AN AMOUNT GREATER  THAN  ONE  THOUSAND  DOLLARS  PER
   20  ELECTION,  AND IN AN AGGREGATE TO ALL STATE OR LOCAL COMMITTEES OF POLI-
   21  TICAL PARTIES IN AN AGGREGATE THAT  EXCEEDS  TWO  THOUSAND  DOLLARS  PER
   22  ELECTION;
   23    C.  SOLICIT A CONTRIBUTION ON BEHALF OF, OR TRANSMIT A CONTRIBUTION ON
   24  BEHALF OF ANOTHER TO:
   25    (I) A CANDIDATE FOR ANY OF THE OFFICES  FOR  WHICH  CONTRIBUTIONS  ARE
   26  LIMITED UNDER PARAGRAPH A OF THIS SUBDIVISION;
   27    (II)  ANY POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID OR
   28  PARTICIPATE IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR OFFICE  FOR
   29  WHICH  THEIR  CONTRIBUTIONS  ARE LIMITED IN PARAGRAPH A OF THIS SUBDIVI-
   30  SION, OR ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR  CONTROLLED  BY  A
   31  CANDIDATE  FOR  THE  OFFICES  FOR  WHICH THEIR CONTRIBUTIONS ARE LIMITED
   32  UNDER PARAGRAPH A OF THIS SUBDIVISION;
   33    (III) A STATE OR LOCAL COMMITTEE OF  A  POLITICAL  PARTY  INCLUDING  A
   34  HOUSEKEEPING ACCOUNT;
   35    D. PARTICIPATE IN ANY FUND-RAISING ACTIVITIES FOR:
   36    (I)  A  CANDIDATE  FOR  ANY OF THE OFFICES FOR WHICH CONTRIBUTIONS ARE
   37  LIMITED UNDER PARAGRAPH A OF THIS SUBDIVISION;
   38    (II) ANY POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID  OR
   39  PARTICIPATE  IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR OFFICE FOR
   40  WHICH THEIR CONTRIBUTIONS ARE LIMITED IN PARAGRAPH A  OF  THIS  SUBDIVI-
   41  SION,  OR  ANY  OTHER POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY A
   42  CANDIDATE FOR THE OFFICES FOR  WHICH  THEIR  CONTRIBUTIONS  ARE  LIMITED
   43  UNDER PARAGRAPH A OF THIS SUBDIVISION;
   44    (III)  A  STATE  OR  LOCAL COMMITTEE OF A POLITICAL PARTY, INCLUDING A
   45  HOUSEKEEPING ACCOUNT;
   46    E. SERVE AS CHAIRPERSON, TREASURER, OR ANY OTHER OFFICER OF:
   47    (I) ANY POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO  AID  OR
   48  PARTICIPATE  IN THE NOMINATION OR ELECTION OF A CANDIDATE FOR OFFICE FOR
   49  WHICH THEIR CONTRIBUTIONS ARE LIMITED UNDER PARAGRAPH A OF THIS SUBDIVI-
   50  SION; OR
   51    (II) ANY OTHER POLITICAL COMMITTEE  ESTABLISHED  OR  CONTROLLED  BY  A
   52  CANDIDATE FOR WHICH THEIR CONTRIBUTIONS ARE LIMITED UNDER PARAGRAPH A OF
   53  THIS SUBDIVISION;
   54    F.  CONDUCT PERSONAL BUSINESS TRANSACTIONS IN AN AMOUNT OVER TWO THOU-
   55  SAND DOLLARS IN ANY CALENDAR YEAR WITH A  PUBLIC  OFFICIAL  HOLDING  THE
       S. 2505                             8
    1  OFFICES  FOR  WHICH THEIR CONTRIBUTIONS ARE LIMITED UNDER PARAGRAPH A OF
    2  THIS SUBDIVISION;
    3    G.  DELIVER  TO ANY CONDUIT OR INTERMEDIARY ANY CONTRIBUTION EARMARKED
    4  FOR A PARTICULAR CANDIDATE FOR THE OFFICES FOR WHICH THEIR CONTRIBUTIONS
    5  ARE LIMITED UNDER PARAGRAPH A OF  THIS  SUBDIVISION,  OR  ANY  COMMITTEE
    6  WORKING DIRECTLY OR INDIRECTLY TO AID OR PARTICIPATE IN SUCH CANDIDATE'S
    7  NOMINATION  OR ELECTION, OR ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR
    8  CONTROLLED BY SUCH CANDIDATE; OR
    9    H. KNOWINGLY TAKE ANY STEP TO  CIRCUMVENT  THE  RESTRICTIONS  IN  THIS
   10  SUBDIVISION.
   11    I.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT APPLY FOR A CONTRACTOR
   12  MAKING A CONTRIBUTION, OR ANY DISCLOSURE THEREOF REQUIRED BY THIS  ARTI-
   13  CLE,  IN  ANY  CALENDAR  YEAR  IN  WHICH  SUCH CONTRACTOR RECEIVES FUNDS
   14  DISBURSED BY THE STATE OR ANY  INSTRUMENTALITY  THEREOF  PURSUANT  TO  A
   15  FEDERAL  STATUTE, RULE OR REGULATION THAT WOULD RENDER THE STATE OR SUCH
   16  INSTRUMENTALITY OR CONTRACTOR INELIGIBLE TO RECEIVE SUCH FUNDS BY VIRTUE
   17  OF THE OPERATION OF THIS SECTION.
   18    THIS SUBDIVISION SHALL NOT BE APPLICABLE TO CONTRIBUTIONS MADE BY  ANY
   19  PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY AT A TIME WHEN
   20  THE  PERSON,  ORGANIZATION,  GROUP OF PERSONS OR BUSINESS ENTITY DID NOT
   21  MEET THE DESCRIPTIONS OF PARAGRAPHS A, B, C, D AND E OF SUBDIVISION  TWO
   22  OF THIS SECTION.
   23    6.  THE STATE OR ANY STATE DEPARTMENT, PUBLIC ENTITY OR AUTHORITY WITH
   24  CONTRACT-MAKING POWER SHALL NOT ENTER INTO  AN  AGREEMENT  OR  OTHERWISE
   25  CONTRACT  TO PROCURE SERVICES OR ANY MATERIAL, SUPPLIES OR EQUIPMENT, OR
   26  TO ACQUIRE, SELL, OR LEASE ANY LAND OR BUILDING FROM ANY PERSON,  ORGAN-
   27  IZATION,  GROUP OF PERSONS OR BUSINESS ENTITY DESCRIBED IN PARAGRAPHS A,
   28  B, C AND D OF SUBDIVISION TWO OF THIS SECTION WHO HAS  MADE  A  CONTRIB-
   29  UTION  PROHIBITED  IN SUBDIVISION FIVE OF THIS SECTION. THIS SUBDIVISION
   30  SHALL NOT BE APPLICABLE TO CONTRIBUTIONS MADE BY ANY  PERSON,  ORGANIZA-
   31  TION,  GROUP  OF  PERSONS  OR BUSINESS ENTITY AT A TIME WHEN THE PERSON,
   32  ORGANIZATION, GROUP OF PERSONS OR  BUSINESS  ENTITY  DID  NOT  MEET  THE
   33  DESCRIPTIONS  OF  PARAGRAPH  A,  B, C, D OR E OF SUBDIVISION TWO OF THIS
   34  SECTION.  NOTHING IN THIS SECTION SHALL IMPAIR THE POWER OF THE STATE OR
   35  ANY INSTRUMENTALITY THEREOF TO ENTER INTO A CONTRACT WITH ANY CONTRACTOR
   36  WHERE FEDERAL FUNDS WOULD SUPPORT THE PAYMENT  OR  PERFORMANCE  OF  SUCH
   37  CONTRACT  AND  A  FEDERAL  STATUTE,  RULE OR REGULATION WOULD RENDER THE
   38  STATE OR SUCH INSTRUMENTALITY OR CONTRACTOR INELIGIBLE TO  RECEIVE  SUCH
   39  FUNDS BY VIRTUE OF THE OPERATION OF THIS SECTION.
   40    7.  EVERY  CONTRACT AND BID APPLICATION AND SPECIFICATIONS PROMULGATED
   41  BY THE STATE OR ANY STATE DEPARTMENT, PUBLIC ENTITY  OR  AUTHORITY  WITH
   42  CONTRACT-MAKING  POWER SHALL CONTAIN A PROVISION DESCRIBING THE REQUIRE-
   43  MENTS OF SECTION 14-116 OF THIS ARTICLE.
   44    8. BEFORE ENTERING INTO ANY AGREEMENT OR ANY OTHER CONTRACT TO PROCURE
   45  FROM ANY PERSON, ORGANIZATION,  GROUP  OF  PERSONS  OR  BUSINESS  ENTITY
   46  SERVICES OR ANY MATERIAL, SUPPLIES OR EQUIPMENT, OR TO ACQUIRE, SELL, OR
   47  LEASE  ANY  LAND  OR BUILDING, THE STATE OR ANY STATE DEPARTMENT, PUBLIC
   48  ENTITY OR AUTHORITY WITH CONTRACT-MAKING POWER  SHALL  RECEIVE  A  SWORN
   49  STATEMENT  FROM  THE CONTRACTOR, MADE UNDER PENALTY OF PERJURY, THAT THE
   50  BIDDER OR OFFERER HAS NOT MADE  A  CONTRIBUTION  IN  VIOLATION  OF  THIS
   51  SECTION.
   52    9.  NO  CANDIDATE FOR STATE OFFICE SHALL ACCEPT CAMPAIGN CONTRIBUTIONS
   53  FROM A  PERSON,  ORGANIZATION,  GROUP  OF  PERSONS  OR  BUSINESS  ENTITY
   54  DESCRIBED  IN  PARAGRAPH  A,  B,  C,  D  OR E OF SUBDIVISION TWO OF THIS
   55  SECTION IN AN AMOUNT EXCEEDING THOSE PERMITTED IN PARAGRAPH A OF  SUBDI-
   56  VISION  FIVE  OF  THIS SECTION FOR TWELVE MONTHS AFTER COMPLETION OF THE
       S. 2505                             9
    1  APPLICABLE CONTRACT, OR THE REMAINDER OF THE CANDIDATE'S TERM IN OFFICE,
    2  WHICHEVER IS LONGER.   THIS  SUBDIVISION  SHALL  NOT  BE  APPLICABLE  TO
    3  CONTRIBUTIONS  MADE  BY  ANY  PERSON,  ORGANIZATION, GROUP OF PERSONS OR
    4  BUSINESS  ENTITY  AT  A  TIME  WHEN  THE  PERSON, ORGANIZATION, GROUP OF
    5  PERSONS OR BUSINESS ENTITY DID NOT MEET THE DESCRIPTIONS OF PARAGRAPH A,
    6  B, C, D OR E OF SUBDIVISION TWO OF THIS SECTION.
    7    10. NO PUBLIC OFFICIAL HOLDING ANY OF THE OFFICES LISTED IN  PARAGRAPH
    8  A  OF  SUBDIVISION  FIVE OF THIS SECTION SHALL CONDUCT PERSONAL BUSINESS
    9  TRANSACTIONS IN AN AMOUNT OVER TWO THOUSAND DOLLARS IN ANY CALENDAR YEAR
   10  WITH ANY PERSON, ORGANIZATION,  GROUP  OF  PERSONS  OR  BUSINESS  ENTITY
   11  DESCRIBED  IN  PARAGRAPHS  A,  B,  C  AND  D  OF SUBDIVISION TWO OF THIS
   12  SECTION.
   13    11. THIS SECTION SHALL NOT PROHIBIT  ANY  PERSON  FROM  INFORMING  ANY
   14  OTHER PERSON OF A POSITION TAKEN BY A PUBLIC OFFICIAL OR A CANDIDATE FOR
   15  PUBLIC OFFICE.
   16    12.  THE PROVISIONS OF SUBDIVISIONS TWO AND FIVE OF THIS SECTION SHALL
   17  NOT APPLY TO THE CAMPAIGN OF ANY PERSON DESCRIBED IN PARAGRAPH A,  B,  C
   18  OR  D  OF  SUBDIVISION TWO OF THIS SECTION WHO IS A CANDIDATE FOR ANY OF
   19  THOSE OFFICES LISTED IN PARAGRAPH A OF SUBDIVISION FIVE OF THIS SECTION.
   20    S 14-133. COMMISSIONING AUTHORITIES AND LICENSING  AUTHORITIES.    THE
   21  FOLLOWING  PERSONS  SHALL  NOT  BE  APPOINTED TO A STATE PUBLIC BOARD OR
   22  COMMISSION WHICH  HAS  THE  AUTHORITY  TO  AWARD  OR  AUDIT  ANY  PUBLIC
   23  CONTRACT:
   24    1. A LOBBYIST REGISTERED UNDER SECTION ONE-E OF THE LEGISLATIVE LAW;
   25    2.  ANY  PERSON OR BUSINESS ENTITY WHO, IN THE PREVIOUS TWO YEARS, HAS
   26  RECEIVED FIFTY THOUSAND DOLLARS OR MORE THROUGH ONE  OR  MORE  CONTRACTS
   27  FROM THE STATE OR ANY STATE-APPOINTED ENTITY WITH CONTRACTING POWER;
   28    3. ANY PERSON WHO OWNS MORE THAN TEN PERCENT OF A BUSINESS ENTITY THAT
   29  IS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION;
   30    4.  ANY  PERSON EMPLOYED BY AN ORGANIZATION, GROUP, OR BUSINESS ENTITY
   31  DESCRIBED IN SUBDIVISION TWO OF THIS SECTION WHO HOLDS A SENIOR  MANAGE-
   32  MENT POSITION AS DEFINED BY THE COMMISSION ON GOVERNMENTAL ETHICS; OR
   33    5.  AN  IMMEDIATE  FAMILY  MEMBER OF A PERSON DESCRIBED IN SUBDIVISION
   34  ONE, TWO, THREE, OR FOUR OF THIS SECTION.
   35    S 8. Section 14-130 of the election law, as added by  chapter  152  of
   36  the laws of 1985, is amended to read as follows:
   37    S  14-130.  Campaign funds for personal use. 1. Contributions received
   38  by a candidate or a political committee may ONLY be  expended  for  [any
   39  lawful  purpose.  Such  funds  shall not be converted by any person to a
   40  personal use which is unrelated to a political campaign or  the  holding
   41  of  a  public  office  or  party  position]  BONA FIDE PURPOSES DIRECTLY
   42  RELATED TO EITHER:
   43    A. PROMOTING THE NOMINATION OR ELECTION OF A CANDIDATE; OR
   44    B. PERFORMING THOSE DUTIES OF PUBLIC OFFICE OR  PARTY  POSITION  WHICH
   45  ARE NOT PAID FOR OR ELIGIBLE FOR REIMBURSEMENT BY THE STATE OR ANY POLI-
   46  TICAL SUBDIVISION OR PRIVATE PARTY.
   47    2. PERMISSIBLE ORDINARY AND NECESSARY EXPENSES RELATING TO THE HOLDING
   48  OF PUBLIC OFFICE OR PARTY POSITION SHALL INCLUDE:
   49    A.  PRODUCTION  AND  CIRCULATION  OF FLYERS OR OTHER WRITTEN MATERIALS
   50  RELATED TO DUTIES OF OFFICEHOLDER; THE PLACEMENT  OF  HOLIDAY  GREETINGS
   51  AND  CONGRATULATORY  ADS AND MEMORIAL NOTICES IN LOCAL NEWSPAPERS, MAGA-
   52  ZINES, JOURNALS OR OTHER PUBLICATION;
   53    B. SPONSORSHIP OR HOSTING OF COMMUNITY MEETINGS; TICKETS OR  DONATIONS
   54  TO  LOCAL  CHARITABLE,  NON-PROFIT OR POLITICAL EVENTS, ORGANIZATIONS OR
   55  ACTIVITIES  THAT  PROMOTE  THE  WELFARE  OF  CONSTITUENTS  OR  POLITICAL
   56  CAMPAIGNS;
       S. 2505                            10
    1    C.  INCIDENTAL  EXPENDITURES FOR THE OPERATION OF LEGISLATIVE OFFICES,
    2  INCLUDING PURCHASE OF ITEMS SUCH AS MEMORIAL OR GET-WELL GIFTS,  FLOWERS
    3  OR SIMILAR ITEMS OF NOMINAL VALUE FOR CONSTITUENTS OR OTHERS;
    4    D. MEMBERSHIP IN ORGANIZATIONS RELATED TO OFFICIAL DUTIES AND COSTS OF
    5  ATTENDING  INFORMATIONAL  MEETINGS  ATTENDED  IN  CONNECTION  WITH  SUCH
    6  DUTIES; AND
    7    E. TRAVEL RELATED TO DUTIES OF OFFICE, PROVIDED THAT THE TRAVEL IS NOT
    8  UNDERTAKEN FOR ANY PURPOSE RESULTING IN A PERSONAL OR FINANCIAL  BENEFIT
    9  TO THE CANDIDATE OR OFFICEHOLDER. IF SUCH EXPENSES INVOLVE BOTH PERSONAL
   10  ACTIVITY  AND  CAMPAIGN OR OFFICIAL ACTIVITIES, THE INCREMENTAL EXPENSES
   11  ASSOCIATED WITH THE PERSONAL ACTIVITIES ARE  PERSONAL  USES  UNLESS  THE
   12  CAMPAIGN  IS  REIMBURSED  FOR  SUCH  SUMS FROM OTHER THAN CAMPAIGN FUNDS
   13  WITHIN THIRTY DAYS OF THE EXPENDITURE.
   14    NOTHING IN THIS SECTION SHALL PROHIBIT  A  CANDIDATE  FROM  PURCHASING
   15  OFFICE  EQUIPMENT WITH PERSONAL FUNDS AND LEASING OR RENTING SUCH EQUIP-
   16  MENT OR PROPERTY TO A COMMITTEE  WORKING  WITH  OR  FOR  THE  CANDIDATE,
   17  PROVIDED THE CANDIDATE OR THE CAMPAIGN TREASURER SIGN A WRITTEN LEASE OR
   18  RENTAL  AGREEMENT  AND  FILES  IT WITH THE APPROPRIATE REQUIRED CAMPAIGN
   19  FINANCIAL FILING WHICH SHALL INCLUDE THE LEASE  OR  RENTAL  PRICE  WHICH
   20  SHALL  NOT  EXCEED THE FAIR LEASE OR RENTAL VALUE OF THE EQUIPMENT OR IN
   21  THE AGGREGATE EXCEED THE COST OF ITS PURCHASE.
   22    3. CAMPAIGN FUNDS SHALL NOT BE CONVERTED TO PERSONAL USE, WHICH  SHALL
   23  BE DEFINED AS EXPENDITURES THAT:
   24    A. ARE FOR THE PERSONAL BENEFIT OF OR TO DEFRAY NORMAL LIVING EXPENSES
   25  OF THE CANDIDATE, OFFICEHOLDER, IMMEDIATE FAMILY OR PARTNER OF EITHER OR
   26  ANY OTHER PERSON;
   27    B.  ARE  USED  TO  FULFILL ANY COMMITMENT, OBLIGATION, OR EXPENSE THAT
   28  WOULD EXIST IRRESPECTIVE OF THE CANDIDATE'S CAMPAIGN  OR  DUTIES  AS  AN
   29  OFFICEHOLDER; OR
   30    C. ARE PUT TO ANY USE FOR WHICH THE CANDIDATE OR OFFICEHOLDER WOULD BE
   31  REQUIRED  TO  TREAT  THE AMOUNT OF THE EXPENDITURE AS GROSS INCOME UNDER
   32  SECTION 61 OF THE INTERNAL REVENUE CODE.
   33    4. EXPENDITURES FOR PERSONAL USE  SHALL  ALSO  INCLUDE,  BUT  ARE  NOT
   34  LIMITED TO, EXPENDITURES FOR:
   35    A.  RESIDENTIAL  OR  HOUSEHOLD  ITEMS,  SUPPLIES, MAINTENANCE OR OTHER
   36  EXPENDITURES, INCLUDING MORTGAGE, RENT, UTILITIES, REPAIRS, OR  IMPROVE-
   37  MENTS  FOR  ANY PART OF ANY PERSONAL RESIDENCE OF A CANDIDATE OR OFFICE-
   38  HOLDER, HIS OR HER IMMEDIATE FAMILY OR PARTNER;
   39    B. RENT OR UTILITY PAYMENTS THAT EXCEED FAIR MARKET VALUE FOR  USE  OF
   40  ANY  PART  OF  ANY  NON-RESIDENTIAL  PROPERTY OWNED BY A CANDIDATE, OR A
   41  MEMBER OF A CANDIDATE'S FAMILY OR PARTNER USED FOR CAMPAIGN PURPOSES;
   42    C. SALARY AND OTHER FEES FOR BONA  FIDE  SERVICES  TO  A  CAMPAIGN  OR
   43  LEGISLATIVE  OFFICE THAT EXCEED FAIR AND REASONABLE MARKET VALUE OF SUCH
   44  SERVICES;
   45    D. INTEREST OR ANY OTHER FINANCE CHARGES  FOR  MONIES  LOANED  TO  THE
   46  CAMPAIGN BY THE CANDIDATE OR THE SPOUSE OR PARTNER OF SUCH CANDIDATE;
   47    E. TUITION PAYMENTS;
   48    F. DUES, FEES, OR GRATUITIES AT PRIVATE CLUBS, RECREATIONAL FACILITIES
   49  OR  OTHER  NONPOLITICAL  ORGANIZATIONS,  UNLESS  CONNECTED TO A SPECIFIC
   50  WIDELY ATTENDED FUNDRAISING EVENT THAT TAKES PLACE ON THE ORGANIZATION'S
   51  PREMISES;
   52    G. AUTOMOBILE PURCHASES OR LONG TERM LEASES; SHORT  TERM  CAR  RENTALS
   53  AND  CELLULAR  EQUIPMENT  AND SERVICES NOT USED EXCLUSIVELY FOR CAMPAIGN
   54  PURPOSES OR DUTIES AS AN OFFICEHOLDER;
       S. 2505                            11
    1    H. ADMISSION TO SPORTING EVENTS, CONCERTS, THEATERS, OR OTHER FORMS OF
    2  ENTERTAINMENT, UNLESS  PART  OF  A  SPECIFIC  CAMPAIGN  OR  OFFICEHOLDER
    3  RELATED ACTIVITY; AND
    4    I.  PAYMENT OF ANY FINES, FEES, OR PENALTIES ASSESSED PURSUANT TO THIS
    5  CHAPTER.
    6    5. NO CAMPAIGN FUNDS SHALL BE USED TO PAY ATTORNEY'S FEES OR ANY COSTS
    7  OF DEFENDING AGAINST ANY CIVIL OR CRIMINAL INVESTIGATION OR  PROSECUTION
    8  FOR  ALLEGED  VIOLATIONS  OF  STATE  OR FEDERAL LAW ALLEGED TO HAVE BEEN
    9  COMMITTED WHILE HOLDING PUBLIC OFFICE OR AS A CANDIDATE FOR OFFICE WHERE
   10  THE CANDIDATE OR PUBLIC OR PARTY OFFICIAL, MEMBERS  OF  THEIR  IMMEDIATE
   11  FAMILIES OR PARTNERS OR THE CAMPAIGN IS THE TARGET OF SUCH INVESTIGATION
   12  OR  PROSECUTION  UNLESS  SUCH  EXPENDITURE IS USED EXCLUSIVELY FOR COSTS
   13  RELATED TO CIVIL OR CRIMINAL ACTIONS FOR ALLEGED VIOLATIONS  RELATED  TO
   14  ACTIVITIES PROMOTING THE NOMINATION OR ELECTION OF A CANDIDATE.
   15    S  9.  The  election  law is amended by adding a new section 14-134 to
   16  read as follows:
   17    S 14-134. DISPOSITION OF CAMPAIGN FUNDS. 1. AN  AUTHORIZED  CONTINUING
   18  CANDIDATE  COMMITTEE  MUST  DISPOSE  OF  ALL FUNDS AND CLOSE WITHIN FOUR
   19  YEARS AFTER THE LATER OF (A) THE END OF  THE  INDIVIDUAL'S  MOST  RECENT
   20  TERM  OF OFFICE, OR (B) THE DATE OF THE ELECTION IN WHICH THE INDIVIDUAL
   21  LAST WAS A FILED CANDIDATE.
   22    2. ANY CANDIDATE OR POLITICAL COMMITTEE REQUIRED TO DISPOSE  OF  FUNDS
   23  PURSUANT  TO  THIS SECTION SHALL, AT THE OPTION OF THE CANDIDATE, OR THE
   24  TREASURER OF A POLITICAL COMMITTEE FORMED SOLELY TO PROMOTE THE  PASSAGE
   25  OR  DEFEAT  OF  A  BALLOT  PROPOSAL, DISPOSE OF SUCH FUNDS BY ANY OF THE
   26  FOLLOWING MEANS, OR ANY COMBINATION THEREOF:
   27    A. RETURNING, PRO RATA, TO EACH CONTRIBUTOR THE FUNDS  THAT  HAVE  NOT
   28  BEEN SPENT OR OBLIGATED;
   29    B.  DONATING  THE  FUNDS TO A CHARITABLE ORGANIZATION OR ORGANIZATIONS
   30  THAT MEET THE QUALIFICATIONS OF SECTION 501(C)(3) OF THE INTERNAL REVEN-
   31  UE CODE;
   32    C. DONATING THE FUNDS TO THE STATE UNIVERSITY;
   33    D. DONATING THE FUNDS TO THE STATE'S GENERAL FUND;
   34    E. TRANSFERRING THE FUNDS TO A POLITICAL  PARTY  COMMITTEE  REGISTERED
   35  WITH THE STATE BOARD OF ELECTIONS; OR
   36    F.  CONTRIBUTING  THE FUNDS TO A CANDIDATE OR POLITICAL COMMITTEE SUCH
   37  THAT THIS DOES NOT EXCEED THE LIMITS SET FORTH IN SECTION 14-114 OF THIS
   38  ARTICLE.
   39    3. NO CANDIDATE OR POLITICAL COMMITTEE SHALL DISPOSE OF CAMPAIGN FUNDS
   40  BY MAKING EXPENDITURES FOR PERSONAL USE AS DEFINED IN SECTION 14-130  OF
   41  THIS ARTICLE.
   42    4.  UPON THE DEATH OF A CANDIDATE, FORMER CANDIDATE OR HOLDER OF ELEC-
   43  TIVE OFFICE, WHO  RECEIVED  CAMPAIGN  CONTRIBUTIONS,  ALL  CONTRIBUTIONS
   44  SHALL  BE  DISPOSED OF ACCORDING TO THIS SECTION WITHIN TWELVE MONTHS OF
   45  THE DEATH OF THE CANDIDATE.
   46    S 10. Subdivision 1 of section 14-102 of the election law, as  amended
   47  by  chapter  8  and  redesignated  by  chapter 9 of the laws of 1978, is
   48  amended to read as follows:
   49    1. The treasurer of every political committee which, or  any  officer,
   50  member  or  agent  of  any  such  committee  who, in connection with any
   51  election, receives or expends any  money  or  other  valuable  thing  or
   52  incurs  any  liability  to pay money or its equivalent shall file state-
   53  ments sworn, or subscribed and bearing a form notice that  false  state-
   54  ments  made  therein are punishable as a class A misdemeanor pursuant to
   55  section 210.45 of the penal law, at the times prescribed by this article
   56  setting forth all the receipts, contributions to and the expenditures by
       S. 2505                            12
    1  and liabilities of the committee,  and  of  its  officers,  members  and
    2  agents in its behalf. Such statements shall include the dollar amount of
    3  any  receipt,  contribution or transfer, or the fair market value of any
    4  receipt,  contribution  or  transfer,  which is other than of money, the
    5  name and address of the transferor,  contributor  or  person  from  whom
    6  received,  IF THE CONTRIBUTOR IS A LOBBYIST REGISTERED PURSUANT TO ARTI-
    7  CLE ONE-A OF THE LEGISLATIVE LAW and if the transferor,  contributor  or
    8  person  is  a  political  committee;  the name of and the political unit
    9  represented by the committee, the date of its receipt, the dollar amount
   10  of every expenditure, the name and address of the person to whom it  was
   11  made  or the name of and the political unit represented by the committee
   12  to which it was made and the date thereof, and shall state  clearly  the
   13  purpose  of  such expenditure. Any statement reporting a loan shall have
   14  attached to it a copy of the evidence of indebtedness.  Expenditures  in
   15  sums under fifty dollars need not be specifically accounted for by sepa-
   16  rate  items in said statements, and receipts and contributions aggregat-
   17  ing not more than ninety-nine dollars, from any one contributor need not
   18  be specifically accounted for by  separate  items  in  said  statements,
   19  provided  however,  that  such  expenditures, receipts and contributions
   20  shall be subject to the other provisions of section 14-118 of this arti-
   21  cle.
   22    S 11. Subdivision 3 of section  74  of  the  public  officers  law  is
   23  amended by adding a new paragraph j to read as follows:
   24    J. NO OFFICER OR EMPLOYEE OF A STATE AGENCY REQUIRED TO FILE AN ANNUAL
   25  STATEMENT OF FINANCIAL DISCLOSURE PURSUANT TO SECTION SEVENTY-THREE-A OF
   26  THIS  ARTICLE  SHALL SOLICIT OR RECEIVE CONTRIBUTIONS FOR A CAMPAIGN FOR
   27  STATE OR FEDERAL OFFICE.
   28    S 12. This act shall take effect on the first of January next succeed-
   29  ing the date on which it shall have become a law; provided that  section
   30  14-132  of  the election law as added by section seven of this act shall
   31  take effect two years after such effective date;  and  provided  further
   32  that  sections eight, nine, ten and eleven of this act shall take effect
   33  on the sixtieth day after it shall have become a law; provided, however,
   34  that the state board of elections shall notify all  registered  campaign
   35  committees of the applicable provisions of sections eight, nine, ten and
   36  eleven of this act within thirty days after this act shall have become a
   37  law.