S. 7707 2 A. 10942
OR INTENDED CONFERRAL OF A BENEFIT, DIRECTLY OR INDIRECTLY, ON A PUBLIC
SERVANT.
23. "SELF-DEALING" MEANS ANY ACTION TAKEN BY A PUBLIC SERVANT IN HIS
OR HER OFFICIAL CAPACITY WITH INTENT TO BENEFIT HIMSELF OR HERSELF,
DIRECTLY OR INDIRECTLY, AND WHICH RELATES TO HIS OR HER PRIVATE BUSINESS
INTERESTS.
S 3. Section 195.20 of the penal law, as amended by chapter 1 of the
laws of 2010, is amended to read as follows:
S 195.20 [Defrauding] SCHEME TO DEFRAUD the government IN THE FIRST
DEGREE.
A person is guilty of [defrauding] A SCHEME TO DEFRAUD the government
IN THE FIRST DEGREE when, being a public servant or party officer OR
ACTING IN CONCERT WITH A PUBLIC SERVANT OR PARTY OFFICER, he or she:
(a) engages in a scheme constituting a systematic ongoing course of
conduct with intent to:
(i) defraud the state or a political subdivision of the state or a
governmental instrumentality within the state; or
(II) to obtain property, services or other resources from the state or
a political subdivision of the state or a governmental instrumentality
within the state by false or fraudulent pretenses, representations or
promises; or
[(ii)] (III) defraud the state or a political subdivision of the state
or a governmental instrumentality within the state by making use of
property, services or resources of the state, political subdivision of
the state or a governmental instrumentality within the state for private
business purposes or other compensated non-governmental purposes; and
(b) EITHER (I) so obtains property, services or other resources with a
value in excess of one thousand dollars from such state, political
subdivision or governmental instrumentality, OR (II) CONFERS OR OBTAINS
A BENEFIT OR BENEFITS, DIRECTLY OR INDIRECTLY, WITH A COMBINED VALUE IN
EXCESS OF ONE THOUSAND DOLLARS.
[Defrauding] SCHEME TO DEFRAUD the government IN THE FIRST DEGREE is a
class [E] D felony.
S 4. The penal law is amended by adding a new section 195.18 to read
as follows:
S 195.18 SCHEME TO DEFRAUD THE GOVERNMENT IN THE SECOND DEGREE.
A PERSON IS GUILTY OF A SCHEME TO DEFRAUD THE GOVERNMENT IN THE SECOND
DEGREE WHEN, BEING A PUBLIC SERVANT OR PARTY OFFICER OR ACTING IN
CONCERT WITH A PUBLIC SERVANT OR PARTY OFFICER, HE OR SHE ENGAGES IN A
SCHEME CONSTITUTING A SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT
TO:
(A) DEFRAUD THE STATE OR A POLITICAL SUBDIVISION OF THE STATE OR A
GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE; OR
(B) OBTAIN PROPERTY, SERVICES OR OTHER RESOURCES FROM THE STATE OR A
POLITICAL SUBDIVISION OF THE STATE OR A GOVERNMENTAL INSTRUMENTALITY
WITHIN THE STATE BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR
PROMISES; OR
(C) DEFRAUD THE STATE OR A POLITICAL SUBDIVISION OF THE STATE OR A
GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE BY MAKING USE OF PROPERTY,
SERVICES OR RESOURCES OF THE STATE, POLITICAL SUBDIVISION OF THE STATE
OR A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE FOR PRIVATE BUSINESS
PURPOSES OR OTHER COMPENSATED NON-GOVERNMENTAL PURPOSES.
SCHEME TO DEFRAUD THE GOVERNMENT IN THE SECOND DEGREE IS A CLASS E
FELONY.
S 5. Section 200.00 of the penal law, as amended by chapter 833 of the
laws of 1986, is amended to read as follows:
S. 7707 3 A. 10942
S 200.00 Bribery in the third degree.
A person is guilty of bribery in the third degree when he OR SHE
confers, or offers or agrees to confer, any benefit upon a public serv-
ant [upon an agreement or understanding that] WITH THE INTENT TO INFLU-
ENCE such public servant's vote, opinion, judgment, action, decision or
exercise of discretion as a public servant [will thereby be influenced].
Bribery in the third degree is a class D felony.
S 6. Section 200.03 of the penal law, as amended by chapter 833 of the
laws of 1986, is amended to read as follows:
S 200.03 Bribery in the second degree.
A person is guilty of bribery in the second degree when he OR SHE
confers, or offers or agrees to confer, any benefit valued in excess of
ten thousand dollars upon a public servant [upon an agreement or under-
standing that] WITH THE INTENT TO INFLUENCE such public servant's vote,
opinion, judgment, action, decision or exercise of discretion as a
public servant [will thereby be influenced].
Bribery in the second degree is a class C felony.
S 7. Section 200.04 of the penal law, as added by chapter 276 of the
laws of 1973, is amended to read as follows:
S 200.04 Bribery in the first degree.
A person is guilty of bribery in the first degree when he OR SHE
confers, or offers or agrees to confer, any benefit upon a public serv-
ant [upon an agreement or understanding that] WITH THE INTENT TO INFLU-
ENCE such public servant's vote, opinion, judgment, action, decision or
exercise of discretion as a public servant [will thereby be influenced]
in the investigation, arrest, detention, prosecution or incarceration of
any person for the commission or alleged commission of a class A felony
defined in article two hundred twenty of [the penal law] THIS PART or an
attempt to commit any such class A felony.
Bribery in the first degree is a class B felony.
S 8. The penal law is amended by adding a new section 200.28 to read
as follows:
S 200.28 DUTY TO PROVIDE FAITHFUL PUBLIC SERVICES.
FOR PURPOSES OF THIS ARTICLE, THE DUTIES OF A PUBLIC SERVANT SHALL
INCLUDE BUT NOT BE LIMITED TO THE DUTY TO PROVIDE FAITHFUL PUBLIC
SERVICES. IN EXECUTING THE DUTIES OF HIS OR HER OFFICE, EVERY PUBLIC
SERVANT SHALL HAVE THE DUTY TO PROVIDE FAITHFUL PUBLIC SERVICES TO HIS
OR HER CONSTITUENTS AND THE STATE OR POLITICAL SUBDIVISION THEREOF, AS
APPLICABLE. IN EXECUTING THE DUTIES OF HIS OR HER OFFICE OR EMPLOYMENT,
EVERY PUBLIC SERVANT SHALL ALSO HAVE THE DUTY TO PROVIDE FAITHFUL PUBLIC
SERVICES TO A STATE OR LOCAL AGENCY OR LEGISLATURE, AS APPLICABLE.
S 9. Subdivision 3 of section 73-a of the public officers law is
amended by adding a new paragraph 20 to read as follows:
20. IF THE REPORTING INDIVIDUAL, SUCH REPORTING INDIVIDUAL'S SPOUSE OR
DOMESTIC PARTNER IS A NON-COMPENSATED DIRECTOR, OFFICER OR TRUSTEE, OR
SUCH REPORTING INDIVIDUAL'S RELATIVE OR A RELATIVE OF SUCH REPORTING
INDIVIDUAL'S SPOUSE OR DOMESTIC PARTNER IS EMPLOYED IN ANY POSITION AT,
FOR OR WITHIN A NON-PROFIT ENTITY IN NEW YORK STATE AS DESCRIBED IN
SECTION 501(C)(3) OF THE UNITED STATES INTERNAL REVENUE CODE, LIST BELOW
THE NAME OF THE ENTITY, BUSINESS ADDRESS OF THE ENTITY, NAME OF SPOUSE,
DOMESTIC PARTNER OR OTHER RELATIVE, DEGREE OF RELATIONSHIP WITH THE
REPORTING INDIVIDUAL AND TITLE OF THE COMPENSATED OR NON-COMPENSATED
POSITION.
ENTITY NAME/ NAME OF SPOUSE/ DEGREE OF TITLE OR
ADDRESS DOMESTIC PARTNER/ RELATIONSHIP POSITION
RELATIVE
S. 7707 4 A. 10942
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
S 10. Subdivision 1 of section 74 of the public officers law, as
amended by chapter 1012 of the laws of 1965, the opening paragraph as
amended by chapter 14 of the laws of 2007, is amended to read as
follows:
1. [Definition. As used in this section:] DEFINITIONS OF TERMS OF
GENERAL USE IN THIS SECTION:
A. The term "state agency" shall mean any state department, or divi-
sion, board, commission, or bureau of any state department or any public
benefit corporation or public authority at least one of whose members is
appointed by the governor or corporations closely affiliated with
specific state agencies as defined by paragraph (d) of subdivision five
of section fifty-three-a of the state finance law or their successors.
B. The term "legislative employee" shall mean any officer or employee
of the legislature but it shall not include members of the legislature.
C. THE TERM "FAITHFUL PUBLIC SERVICES" SHALL MEAN CONDUCT THAT IS FREE
OF UNDISCLOSED SELF-DEALING AND FREE OF THE UNAUTHORIZED OR UNLAWFUL
CONFERRAL OR INTENDED CONFERRAL OF A BENEFIT, DIRECTLY OR INDIRECTLY, ON
AN OFFICER OR EMPLOYEE OF A STATE AGENCY, MEMBER OF THE LEGISLATURE OR
LEGISLATIVE EMPLOYEE. EVERY OFFICER OR EMPLOYEE OF A STATE AGENCY,
MEMBER OF THE LEGISLATURE OR LEGISLATIVE EMPLOYEE SHALL HAVE A DUTY OF
FAITHFUL PUBLIC SERVICES WITH RESPECT TO HIS OR HER CONSTITUENTS AND THE
STATE OR TO A STATE AGENCY OR LEGISLATURE, AS APPLICABLE.
D. THE TERM "SELF-DEALING" SHALL MEAN ANY ACTION TAKEN BY AN OFFICER
OR EMPLOYEE OF A STATE AGENCY, MEMBER OF THE LEGISLATURE OR LEGISLATIVE
EMPLOYEE IN HIS OR HER OFFICIAL CAPACITY WITH INTENT TO BENEFIT HIMSELF
OR HERSELF, DIRECTLY OR INDIRECTLY, AND WHICH RELATES TO HIS OR HER
PRIVATE BUSINESS INTERESTS.
S 11. Subdivision 3 of section 74 of the public officers law is
amended by adding a new paragraph j to read as follows:
J. IN EXECUTING THE DUTIES OF HIS OR HER OFFICE, EVERY OFFICER OR
EMPLOYEE OF A STATE AGENCY, MEMBER OF THE LEGISLATURE OR LEGISLATIVE
EMPLOYEE SHALL HAVE THE DUTY TO PROVIDE FAITHFUL PUBLIC SERVICES TO HIS
OR HER CONSTITUENTS AND THE STATE, AS APPLICABLE. IN EXECUTING THE
DUTIES OF HIS OR HER OFFICE OR EMPLOYMENT, EVERY OFFICER OR EMPLOYEE OF
A STATE AGENCY, MEMBER OF THE LEGISLATURE OR LEGISLATIVE EMPLOYEE SHALL
ALSO HAVE THE DUTY TO PROVIDE FAITHFUL PUBLIC SERVICES TO A STATE AGENCY
OR THE LEGISLATURE, AS APPLICABLE.
S 12. Subdivision 4 of section 74 of the public officers law, as
amended by chapter 14 of the laws of 2007, is amended to read as
follows:
4. Violations. In addition to any penalty contained in any other
provision of law any such officer, member or employee who shall knowing-
ly and intentionally violate any of the provisions of this section may
be fined, suspended or removed from office or employment in the manner
provided by law. Any such individual who knowingly and intentionally
violates the provisions of paragraph b, c, d or i of subdivision three
of this section shall be subject to a civil penalty in an amount not to
exceed ten thousand dollars and the value of any gift, compensation or
benefit received as a result of such violation. Any such individual who
knowingly and intentionally violates the provisions of paragraph a, e or
g of subdivision three of this section shall be subject to a civil
S. 7707 5 A. 10942
penalty in an amount not to exceed the value of any gift, compensation
or benefit received as a result of such violation. ANY SUCH INDIVIDUAL
WHO KNOWINGLY AND INTENTIONALLY VIOLATES THE PROVISIONS OF PARAGRAPH J
OF SUBDIVISION THREE OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY
IN AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS AND THE VALUE OF ANY
GIFT, COMPENSATION OR BENEFIT RECEIVED AS A RESULT OF SUCH VIOLATION.
ANY SUCH INDIVIDUAL WHO, AS PART OF OR IN FURTHERANCE OF A SCHEME OR
ARTIFICE TO DEFRAUD A STATE AGENCY, THE LEGISLATURE, ANY POLITICAL
SUBDIVISION, HIS OR HER CONSTITUENTS OR THE STATE, AS APPLICABLE, KNOW-
INGLY AND INTENTIONALLY VIOLATES THE PROVISIONS OF PARAGRAPH J OF SUBDI-
VISION THREE OF THIS SECTION SHALL, IN ADDITION TO ANY PENALTY CONTAINED
IN THIS SECTION OR ANY OTHER PROVISION OF LAW, BE GUILTY OF A CLASS E
FELONY.
S 13. Section 80 of the public officers law is renumbered section 81
and a new section 80 is added to article 4 to read as follows:
S 80. COMMUNITY PROJECT GRANTS. 1. DEFINITIONS. AS USED IN THIS
SECTION:
(A) THE TERM "COMMUNITY PROJECT GRANT" SHALL MEAN A BUDGETARY ALLO-
CATION AS FUNDED BY THE LEGISLATIVE COMMUNITY PROJECTS FUND AS DEFINED
IN SECTION NINETY-NINE-T OF THE STATE FINANCE LAW, AND THE EXECUTIVE
COMMUNITY PROJECTS FUND AS DEFINED IN SECTION NINETY-NINE-U OF THE STATE
FINANCE LAW AT THE DISCRETION AND REQUEST OF THE GOVERNOR OR A MEMBER OF
THE LEGISLATURE FOR A NOT-FOR-PROFIT AS DEFINED IN PARAGRAPH (D) OF THIS
SUBDIVISION, UNIVERSITY, COLLEGE, SCHOOL DISTRICT OR MUNICIPALITY;
(B) THE TERM "SPONSOR" SHALL MEAN THE GOVERNOR OR A MEMBER OF THE
LEGISLATURE WHO MAKES A REQUEST FOR A COMMUNITY PROJECT GRANT;
(C) THE TERM "GRANTEE" SHALL MEAN THE RECIPIENT OF A COMMUNITY PROJECT
GRANT;
(D) THE TERM "NOT-FOR-PROFIT" SHALL MEAN AN ENTITY QUALIFIED AS EXEMPT
FOR FEDERAL TAX PURPOSES UNDER SECTION 501(C)(3) OF THE UNITED STATES
INTERNAL REVENUE CODE.
(E) THE TERM "RELATIVE" SHALL MEAN AN INDIVIDUAL'S SPOUSE, DOMESTIC
PARTNER, CHILD, STEPCHILD, STEPPARENT, OR ANY PERSON WHO IS A DIRECT
DESCENDENT OF THE GRANDPARENTS OF SUCH INDIVIDUAL OR OF THE REPORTING
INDIVIDUAL'S SPOUSE OR DOMESTIC PARTNER.
2. STANDARDS. (A) NO SPONSOR SHALL MAKE A REQUEST FOR A COMMUNITY
PROJECT GRANT UNLESS:
(I) THE GRANTEE IS A NOT-FOR-PROFIT, UNIVERSITY, COLLEGE, SCHOOL
DISTRICT AND/OR MUNICIPALITY; AND
(II) THE GRANTEE, IF A NOT-FOR-PROFIT, HAS BEEN INCORPORATED IN THE
STATE OF NEW YORK FOR AT LEAST ONE YEAR PRIOR TO APRIL FIRST OF THE YEAR
IN WHICH THE COMMUNITY PROJECT GRANT IS REQUESTED AND IS REGISTERED WITH
THE ATTORNEY GENERAL UNDER SECTION ONE HUNDRED SEVENTY-TWO OF THE EXECU-
TIVE LAW.
(B) NO GRANTEE SHALL RECEIVE A COMMUNITY PROJECT GRANT IF:
(I) THE GRANTEE HAS BEEN BARRED BY A GOVERNMENT AGENCY IN ANY JURIS-
DICTION AS A RESULT OF INAPPROPRIATE OR UNLAWFUL ACTIVITY WITHIN THE
LAST FIVE YEARS;
(II) ANY COMPENSATED OR NON-COMPENSATED DIRECTOR, OFFICER OR TRUSTEE
OF A GRANTEE, IF A NOT-FOR-PROFIT, HAS BEEN CONVICTED OR CHARGED WITH A
FELONY OR MISDEMEANOR THAT IS RELATED TO THE ADMINISTRATION OF SUCH
GRANTEE'S BUSINESS WITHIN THE LAST FIVE YEARS;
(III) THE GRANTEE HAS FAILED TO FILE A REQUIRED FEDERAL, STATE OR CITY
TAX RETURN OR PAY TAXES OWED WITHIN THE LAST FIVE YEARS; OR
(IV) THE GRANTEE HAS PAID ANY THIRD PARTY OR AGENT, EITHER DIRECTLY OR
INDIRECTLY, TO AID IN SECURING THE COMMUNITY PROJECT GRANT.
S. 7707 6 A. 10942
(C) WHERE A VIOLATION OF THE PROVISIONS OF THIS SUBDIVISION IS ALLEGED
TO HAVE OCCURRED, THE ATTORNEY GENERAL SHALL HAVE JURISDICTION UNDER
SECTION SIXTY-THREE-C OF THE EXECUTIVE LAW.
3. PROHIBITIONS. (A) NO SPONSOR SHALL REQUEST A COMMUNITY PROJECT
GRANT FOR A GRANTEE IF THE SPONSOR OR A RELATIVE OF SUCH SPONSOR IS A
COMPENSATED OR NON-COMPENSATED DIRECTOR, OFFICER OR TRUSTEE.
(B) NO SPONSOR OR ANY RELATIVE OF SUCH SPONSOR WHO REQUESTS A COMMUNI-
TY PROJECT GRANT SHALL HAVE A FINANCIAL INTEREST, DIRECT OR INDIRECT, TO
SUCH GRANTEE OR HAS RECEIVED OR WILL RECEIVE ANY FINANCIAL BENEFIT,
EITHER DIRECTLY OR INDIRECTLY, FROM SUCH GRANTEE OR FROM MATTERS
CONTAINED IN THE COMMUNITY PROJECT GRANT.
(C) ANY SPONSOR WHO KNOWINGLY AND INTENTIONALLY VIOLATES ANY PROVISION
OF THIS SUBDIVISION SHALL BE GUILTY OF A CLASS E FELONY. THE ATTORNEY
GENERAL AND ANY DISTRICT ATTORNEY SHALL HAVE CONCURRENT AUTHORITY TO
INVESTIGATE AND PROSECUTE VIOLATIONS OF THIS SUBDIVISION.
4. WAIVER OF STANDARDS. A SPONSOR MAY REQUEST A WAIVER FROM THE
ATTORNEY GENERAL OF PROVISIONS CONTAINED IN PARAGRAPH (B) OF SUBDIVISION
TWO OF THIS SECTION. IN ASSESSING WHETHER OR NOT TO ISSUE A WAIVER, THE
ATTORNEY GENERAL SHALL CONSIDER THE HISTORY OF THE SPONSOR, THE SUIT-
ABILITY OF A POTENTIAL COMMUNITY PROJECT GRANT FOR THE SPONSOR, THE
EFFECTIVENESS OF ANY PREVIOUS GRANTS UNDER THE COMMUNITY PROJECT FUND,
AND ANY OTHER FACTORS THE ATTORNEY GENERAL DEEMS APPROPRIATE.
5. RULES AND REGULATIONS. THE ATTORNEY GENERAL MAY PROMULGATE RULES
AND REGULATIONS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
S 14. Subparagraph 1 of paragraph a of subdivision 14 of section 80 of
the legislative law, as amended by chapter 14 of the laws of 2007, is
amended to read as follows:
(1) the information set forth in an annual statement of financial
disclosure, INCLUDING THE CATEGORIES OF VALUE OR AMOUNT, filed pursuant
to section seventy-three-a of the public officers law except [the cate-
gories of value or amount which shall be confidential, and any other]
ANY item of information deleted pursuant to paragraph i of subdivision
seven of this section;
S 15. Subparagraph 1 of paragraph (a) of subdivision 17 of section 94
of the executive law, as amended by chapter 14 of the laws of 2007, is
amended to read as follows:
(1) the information set forth in an annual statement of financial
disclosure, INCLUDING THE CATEGORIES OF VALUE OR AMOUNT, filed pursuant
to section seventy-three-a of the public officers law except [the cate-
gories of value or amount, which shall remain confidential, and any
other] ANY item of information deleted pursuant to paragraph (h) of
subdivision nine of this section;
S 16. Section 99-d of the state finance law, as added by chapter 474
of the laws of 1996, is renumbered section 99-t and the section heading,
as added by chapter 474 of the laws of 1996, and subdivision 1, as
amended by section 2 of part BB of chapter 686 of the laws of 2003, are
amended to read as follows:
[Community] LEGISLATIVE COMMUNITY projects fund. 1. There is hereby
established in the joint custody of the comptroller and the commissioner
of taxation and finance a special fund to be known as the LEGISLATIVE
community projects fund. This fund may have separate accounts designated
pursuant to a specific appropriation to such account or pursuant to a
written suballocation plan approved in a memorandum of understanding
executed by the director of the budget, the secretary of the senate
finance committee and the secretary of the assembly ways and means
committee. Such suballocation shall be submitted to the comptroller.
S. 7707 7 A. 10942
S 17. The state finance law is amended by adding a new section 99-u to
read as follows:
S 99-U. EXECUTIVE COMMUNITY PROJECTS FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF
TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE EXECUTIVE COMMU-
NITY PROJECTS FUND. THIS FUND MAY HAVE SEPARATE ACCOUNTS DESIGNATED
PURSUANT TO A SPECIFIC APPROPRIATION TO SUCH ACCOUNT OR PURSUANT TO A
WRITTEN SUBALLOCATION PLAN APPROVED IN A MEMORANDUM OF UNDERSTANDING
EXECUTED BY THE DIRECTOR OF THE BUDGET, THE SECRETARY OF THE SENATE
FINANCE COMMITTEE AND THE SECRETARY OF THE ASSEMBLY WAYS AND MEANS
COMMITTEE. SUCH SUBALLOCATION SHALL BE SUBMITTED TO THE COMPTROLLER.
2. SUCH FUND SHALL CONSIST OF MONIES TRANSFERRED TO SUCH FUND FROM THE
GENERAL FUND/STATE PURPOSES ACCOUNT, OR ANY OTHER MONIES REQUIRED TO BE
TRANSFERRED OR DEPOSITED, PURSUANT TO LAW. MONIES MAY NOT BE TRANSFERRED
OR LOANED BETWEEN THE ACCOUNTS OF THIS FUND, UNLESS SPECIFICALLY
PROVIDED (A) BY LAW, OR (B) BY LETTER SIGNED BY THE DIRECTOR OF THE
BUDGET, BUT ONLY UPON THE JOINT REQUEST OF THE SECRETARY OF THE SENATE
FINANCE COMMITTEE AND THE SECRETARY OF THE ASSEMBLY WAYS AND MEANS
COMMITTEE.
3. (A) AS REQUIRED TO MAKE TIMELY PAYMENTS FROM SUCH ACCOUNTS UPON
PRESENTMENT OF PROPER VOUCHERS THEREFOR, THE STATE COMPTROLLER SHALL
MAKE TRANSFERS TO ANY ACCOUNT IN THIS FUND UP TO THE AMOUNTS ANNUALLY
SPECIFIED FOR TRANSFER TO SUCH ACCOUNT AND IN COMPLIANCE WITH SUBDIVI-
SION TWO OF THIS SECTION, BUT ONLY FROM SUCH FUND OR FUNDS AUTHORIZED TO
PROVIDE SUCH TRANSFERS.
(B) BY THE CLOSE OF EACH FISCAL YEAR, ALL REMAINING AMOUNTS NOT YET
TRANSFERRED SHALL BE TRANSFERRED TO THE DESIGNATED ACCOUNTS FOR WHICH
SUCH TRANSFERS WERE AUTHORIZED, UP TO THE TOTAL AMOUNTS SPECIFIED FOR
TRANSFER TO EACH ACCOUNT IN EACH FISCAL YEAR, PURSUANT TO LAW AND IN
COMPLIANCE WITH SUBDIVISION TWO OF THIS SECTION.
4. NOTWITHSTANDING SECTION FORTY OF THIS CHAPTER OR ANY OTHER
PROVISION OF LAW, APPROPRIATIONS OF THIS FUND SHALL BE AVAILABLE FOR
LIABILITIES INCURRED DURING AND AFTER THE CLOSE OF THE FISCAL YEAR FOR
WHICH SUCH APPROPRIATIONS ARE ENACTED, PROVIDED HOWEVER THAT SUCH APPRO-
PRIATIONS SHALL LAPSE ON THE FIFTEENTH DAY OF SEPTEMBER FOLLOWING THE
CLOSE OF THE FISCAL YEAR, AND NO MONIES SHALL THEREAFTER BE PAID OUT OF
THE STATE TREASURY OR ANY OF ITS FUNDS OR THE FUNDS UNDER ITS MANAGEMENT
PURSUANT TO SUCH APPROPRIATIONS.
5. THE DIRECTOR OF THE BUDGET SHALL ISSUE A CERTIFICATE OF APPROVAL
FOR ANY APPROPRIATION IN ANY ACCOUNT OF THIS FUND NO LATER THAN THE
LATER OF SIXTY DAYS AFTER THE ENACTMENT OF SUCH APPROPRIATION OR FIVE
DAYS AFTER THE EXECUTION OF A WRITTEN SUBALLOCATION PLAN PURSUANT TO THE
PROVISIONS OF SUBDIVISION ONE OF THIS SECTION. SUCH APPROVAL SHALL
SATISFY ANY OTHER REQUIREMENT FOR A CERTIFICATE OF APPROVAL.
6. (A) THE STATE SHALL NOT BE LIABLE FOR PAYMENTS PURSUANT TO ANY
CONTRACT, GRANT OR AGREEMENT MADE PURSUANT TO AN APPROPRIATION IN ANY
ACCOUNT OF THIS FUND IF INSUFFICIENT MONIES ARE AVAILABLE FOR TRANSFER
TO SUCH ACCOUNT OF THIS FUND, AFTER REQUIRED TRANSFERS PURSUANT TO
SUBDIVISION THREE OF THIS SECTION. EXCEPT WITH RESPECT TO, GRANTS, OR
AGREEMENTS EXECUTED BY ANY STATE OFFICER, EMPLOYEE, DEPARTMENT, INSTITU-
TION, COMMISSION, BOARD, OR OTHER AGENCY OF THE STATE PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION, ANY CONTRACT, GRANT OR AGREEMENT MADE
PURSUANT TO AN APPROPRIATION IN THIS FUND SHALL INCORPORATE THIS
PROVISION AS A TERM OF SUCH CONTRACT, GRANT OR AGREEMENT.
(B) THE EXHAUSTION OF FUNDS AVAILABLE FOR SUCH TRANSFERS SHALL NOT
PRECLUDE THE APPROVAL OF CONTRACTS HEREUNDER PURSUANT TO SECTION ONE
S. 7707 8 A. 10942
HUNDRED TWELVE OF THIS CHAPTER. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, INTEREST SHALL NOT BE DUE TO ANY RECIPIENT FOR ANY LATE PAYMENTS
MADE FROM THIS FUND WHICH RESULT FROM INSUFFICIENT MONIES BEING AVAIL-
ABLE IN AN ACCOUNT OF THIS FUND.
7. MONIES SHALL BE PAID OUT OF SUCH ACCOUNTS ON THE AUDIT AND WARRANT
OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE HEAD
OF THE APPROPRIATE AGENCY.
S 18. Subdivision 4 of section 211 of the judiciary law, as amended by
chapter 188 of the laws of 1990, is amended to read as follows:
4. By September first, nineteen hundred eighty-eight, the chief judge,
after consultation with the administrative board, shall approve a form
of annual statement of financial disclosure which form shall apply to
all judges, justices, officers and employees of the courts of record of
the unified court system, who receive annual compensation at or above
the filing rate defined by paragraph (l) of subdivision one of section
seventy-three-a of the public officers law or are determined to hold a
policy-making position pursuant to the rules and regulations promulgated
pursuant to this subdivision. Such form of annual statement of financial
disclosure shall be substantially similar to the form set forth in
subdivision three of section seventy-three-a of the public officers law.
Within one year after approval of such form, the chief judge shall cause
the chief administrator of the courts to promulgate rules or regulations
which require every judge, justice, officer and employee of the courts
of record of the unified court system, who receives annual compensation
at or above the filing rate defined by paragraph (l) of subdivision one
of section seventy-three-a of the public officers law or is determined
to hold a policy-making position, to report the information required by
the approved form effective first with respect to a filing which shall
be required in nineteen hundred ninety-one (generally applicable to
information for the preceding calendar year) and thereafter, effective
for future annual filings. Such rules and regulations shall also provide
for the determination, by the appointing authority, of policy-makers who
shall be required to file the annual statement of financial disclosure
required by this subdivision. Any judge, justice, officer or employee of
the courts of record of the unified court system who, pursuant to such
rules or regulations, is required to file a completed annual statement
of financial disclosure and who makes such filing in accordance with the
requirements contained in such rules or regulations, shall be deemed to
have satisfied the requirements of any other law mandating the filing of
a completed annual statement of financial disclosure for the applicable
calendar year which might otherwise apply to such judges, justices,
officers or employees, and no duplicate filing shall be required on
account of any other such law, notwithstanding the provisions of such
other law. NOTWITHSTANDING THE PROVISIONS OF ARTICLE SIX OF THE PUBLIC
OFFICERS LAW OR ANY RULE OR REGULATION TO THE CONTRARY, THE ETHICS
COMMISSION FOR THE UNIFIED COURT SYSTEM SHALL MAKE AVAILABLE FOR PUBLIC
INSPECTION THE INFORMATION SET FORTH IN THE ANNUAL STATEMENT OF FINAN-
CIAL DISCLOSURE FILED PURSUANT TO THIS SUBDIVISION, INCLUDING THE CATE-
GORIES OF VALUE OR AMOUNT. NOTWITHSTANDING THE PROVISION OF ARTICLE SIX
OF THE PUBLIC OFFICERS LAW, THE ETHICS COMMISSION FOR THE UNIFIED COURT
SYSTEM MAY CHOOSE TO KEEP CONFIDENTIAL THE NAMES OF THE UNEMANCIPATED
CHILDREN ON THE ANNUAL STATEMENT OF FINANCIAL DISCLOSURE FILED PURSUANT
TO THIS SUBDIVISION, ANY ITEM OF INFORMATION DELETED PURSUANT TO JUDICI-
ARY RULES AND OTHER RECORDS OF SUCH COMMISSION AS IT SEES FIT.
S. 7707 9 A. 10942
S 19. Paragraph 1 and the opening paragraph of paragraph 3 of subdivi-
sion 9 of section 14-100 of the election law, as amended by chapter 70
of the laws of 1983, are amended to read as follows:
(1) any gift, subscription, outstanding loan (to the extent provided
for in section 14-114 of this [chapter] ARTICLE), advance, or deposit of
money or any thing of value, made in connection with the nomination for
election, or election, of any candidate, or made to promote the success
or defeat of a political party or principle, or of any ballot proposal,
any payment, by any person other than a candidate or a political
committee authorized by the candidate, made in connection with the nomi-
nation for election or election of any candidate, or any payment made to
promote the success or defeat of a political party or principle, or of
any ballot proposal including but not limited to compensation for the
personal services of any individual which are rendered in connection
with a candidate's election or nomination without charge; provided
however, that none of the foregoing IN THIS PARAGRAPH shall be deemed a
contribution if it is made, taken or performed by a candidate or his
spouse or by a person or a political committee independent of the candi-
date or his OR HER agents or authorized political committees. For
purposes of this article, the term "independent of the candidate or his
agents or authorized political committees" shall mean that the candidate
or his agents or authorized political committees did not authorize,
request, suggest, foster or cooperate in any such activity; and provided
further, that the term contribution shall not include:
S 20. Subdivision 1 of section 14-104 of the election law, as amended
by chapter 430 of the laws of 1997, is amended to read as follows:
1. (A) Any candidate for election to public office, or for nomination
for public office at a contested primary election or convention, or for
election to a party position at a primary election, 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 the particulars specified by section 14-102 of this arti-
cle, as to all moneys or other valuable things, paid, given, expended or
promised by him OR HER, EXCEPT AS DESCRIBED IN PARAGRAPH (B) OF THIS
SUBDIVISION to aid his OR HER own nomination or election, or to promote
the success or defeat of a political party, or to aid or influence the
nomination or election or the defeat of any other candidate to be voted
for at the election or primary election or at a convention, including
contributions to political committees, officers, members or agents ther-
eof, and transfers, receipts and contributions to him OR HER to be used
for any of the purposes above specified, or in lieu thereof, any such
candidate may file such a sworn statement at the first filing period, on
a form prescribed by the state board of elections that such candidate
has NOT made [no] ANY such expenditures OR RECEIVED ANY FUNDS and does
not intend to make any such expenditures, except through a political
committee authorized by such candidate pursuant to this article. A
committee authorized by such a candidate may fulfill all of the filing
requirements of this [act] ARTICLE on behalf of such candidate. IF A
CANDIDATE FILES A SWORN STATEMENT PURSUANT TO THIS SUBDIVISION, THE
CANDIDATE BECOMES AN AGENT OF THE COMMITTEE.
(B) ANY CANDIDATE FOR ELECTION TO PUBLIC OFFICE, OR FOR NOMINATION FOR
PUBLIC OFFICE AT A CONTESTED PRIMARY ELECTION OR CONVENTION, AND SUCH
CANDIDATE'S SPOUSE OR DOMESTIC PARTNER, SHALL FILE STATEMENTS SWORN, OR
SUBSCRIBED AND BEARING A FORM NOTICE THAT FALSE STATEMENTS MADE THEREIN
ARE PUNISHABLE AS A CLASS A MISDEMEANOR PURSUANT TO SECTION 210.45 OF
S. 7707 10 A. 10942
THE PENAL LAW, DISCLOSING ALL GIFTS AND ALL LOANS, EXCLUDING LOANS FROM
A FINANCIAL INSTITUTION, IN EXCESS OF ONE THOUSAND DOLLARS (I) BY THE
LAST DATE TO ACCEPT OR DECLINE A DESIGNATION OR NOMINATION, WHICHEVER IS
EARLIER, IF THE CANDIDATE HAS NOT DECLINED, FOR THE TWELVE MONTHS IMME-
DIATELY PRECEDING SUCH STATEMENT AND (II) AT TIMES PRESCRIBED BY THIS
ARTICLE SETTING FORTH THE PARTICULARS IN SECTION 14-102 OF THIS ARTICLE.
A COMMITTEE AUTHORIZED BY A CANDIDATE MAY NOT FULFILL THE FILING
REQUIREMENTS OF THIS PARAGRAPH ON BEHALF OF SUCH CANDIDATE OR SUCH
CANDIDATE'S SPOUSE OR DOMESTIC PARTNER.
S 21. Subdivision 2 of section 14-108 of the election law, as amended
by chapter 109 of the laws of 1997, is amended to read as follows:
2. Each statement shall cover the period up to and including the
fourth day next preceding the day specified for the filing thereof;
provided, however, that any contribution, GIFT or loan in excess of one
thousand dollars, if received after the close of the period to be
covered in the last statement filed before any primary, general or
special election but before such election, shall be reported, in the
same manner as other contributions, GIFTS OR LOANS, within twenty-four
hours after receipt.
S 22. Subdivision 1 of section 14-120 of the election law, as amended
by chapter 79 of the laws of 1992, is amended to read as follows:
1. No person shall in any name except his own, directly or indirectly,
make a CONTRIBUTION, LOAN OR payment or a promise of A CONTRIBUTION,
LOAN OR payment to a candidate or political committee or to any officer
or member thereof, or to any person acting under its authority or in its
behalf or on behalf of any candidate, nor shall any such committee or
any such person or candidate knowingly receive a CONTRIBUTION, LOAN OR
payment or promise of A CONTRIBUTION, LOAN OR payment, or enter or cause
the same to be entered in the accounts or records of such committee, in
any name other than that of the person or persons by whom it is made.
IT SHALL BE NO DEFENSE TO A VIOLATION OF THIS SECTION THAT THE PERSON
GIVING THE CONTRIBUTION, LOAN OR PAYMENT PROVIDES THE CONTRIBUTION, LOAN
OR PAYMENT TO A CANDIDATE PRIOR TO THE CANDIDATE GIVING IT TO THE
CAMPAIGN COMMITTEE.
S 23. If any clause, sentence, paragraph, section or part of this act
shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair, or invalidate the remainder
thereof.
S 24. This act shall take effect immediately; provided, however, that
sections nine through twenty-two of this act shall take effect on the
sixtieth day after it shall have become a law.