| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Mar 01, 2010 | print number 8814a |
| Mar 01, 2010 | amend and recommit to governmental operations |
| Jan 06, 2010 | referred to governmental operations |
| Jun 10, 2009 | referred to governmental operations |
assembly Bill A8814A
2009-2010 Legislative Session
Requires additional disclosures from lobbyists
Sponsored By
KAVANAGH
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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A8814 - Details
- See Senate Version of this Bill:
- S744
- Law Section:
- Legislative Law
- Laws Affected:
- Amd §§1-c, 1-h & 1-j, Leg L; add §§14-131 - 14-133, El L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012: A5868, S3053
2013-2014: A2020, S3271
2015-2016: A5752, S2505
2017-2018: A8546, S5473
2019-2020: S2957
2021-2022: S940
2023-2024: S2130
A8814 - Summary
Requires additional disclosures from lobbyists including: campaign contributions to elected officials; existing business relationships or associations with public officials; and the names of family members of a public official to whom the lobbyist, or his or her employer, paid compensation of over $500 in the preceding calendar year and the amount of compensation paid.
A8814 - Sponsor Memo
BILL NUMBER:A8814 REVISED 6/11/09 TITLE OF BILL: An act to amend the legislative law and the election law, in relation to disclosures required for lobbyists PURPOSE OF BILL: This bill would require lobbyists and entities receiv- ing government contracts to report campaign contributions, relationships with public officials, and employment relationships with relatives of public officials. SUMMARY OF PROVISIONS: Section 1 of the bill amends section 1-c of the legislative law by adding a new subdivision (w) which defines the term "family member" for the purpose of establishing new campaign financial disclosure rules for lobbyists. Section 2 of the bill amends paragraph 5 of subdivision b of section 1-h of the legislative law by adding two new subparagraphs, (vi) and (vii). The new paragraph (vi) states that bi-monthly lobbyist reports must contain all campaign contributions made to any campaign or political committee in New York State by lobbyists, their clients, or anyone employed or designated by a lobbyist. The new paragraph (vii) states that any amount of paid compensation made from lobbyists, their clients, or employees to a family member of a public official also needs to be included in bi-monthly lobbyist reports. Section 3 of the bill amends subdivision b of section 1-h of the legis-
lative law by adding a new paragraph 6 that stipulates that the name, address, and telephone number of any public official with whom a lobby- ist has had any business relationship must also be included in the bi-monthly lobbyist reports. Section 4 of the bill amends paragraph 5 of subdivision b of section 1-j of the legislative law by adding two new subparagraphs, (vi) and (vii), which state that the same information added to the bi-monthly lobbyist reports, under section 2 of this bill, also be added to the semi-annual lobbyist reports. Section 5 of the bill amends subdivision b of section 1-j of the legis- lative law by adding a new paragraph 6 which stipulates that the same information added to the bi-monthly lobbyist reports, under section 3 of this bill, also be added to the semi-annual lobbyist reports. Section 6 of the bill amends the election law by adding a new section 14-105. Subdivision 1 of the new section 14-105 defines an "interme- diary" as an individual or one of several types of organizations that delivers contributions from another to a candidate or authorized commit- tee, or solicits contributions to a candidate or authorized committee with the knowledge of the candidate or his or her authorized committee. Family members, campaign workers and commercial fundraising firms retained by the candidate are excluded from this definition. Subdivision 2 of the new section 14-105 requires that when an interme- diary delivers contributions of more than $1000, it must provide the name, mailing address and occupation of any contributor of over $99, and if the contribution is two hundred dollars or more, then it must also provide the name and address of the contributor's employer. The interme- diary is also required to provide the total amount of contributions of $99 or less. Subdivision 3 of the new section 14-105 requires the candidate, his or her authorized committee, or the party committee to report to the state board of elections any intermediary who delivers contributions totaling one thousand dollars or more. Subdivision 4 of the new section 14-105 provides for the state board of elections to provide for reporting of the intermediary's name, mailing address, occupation and employer, and the total amount of contributions he or she delivers to the candidate, their authorized committee or a party committee. Section 7 of the bill amends the election law by adding three new sections, 14-131, 14-132 and 14-133. Subdivision 1 of the new section 14-131 defines the terms "agent," "business entity," "immediate family," "housekeeping account," "candidate for state office," "behested payments," and "personal business transaction" for the purposes of the new section 14-131. Subdivision 2 of the new section 14-131 states that any lobbyist, person who owns more than 10% of, or who holds a senior management position in, a "business entity", or any immediate family member or political commit- tee established or controlled by any of the above who contributes money to a candidate or their designated committee or party must file reports with the state board of elections (BOE) within 7 days as required by subdivision 3 of this section. Subdivision 3 of the new section 14-131 states that the BOE shall prescribe all forms and procedures for the reporting required in subdi- vision 2 of this section and establishes a list of minimum requirements for such forms and filings. Subdivision 4 of the new section 14-131 requires elected officials to report, within 30 days, any behested payments from a single source totaling five thousand dollars or more per calendar year. Subdivision 5 of the new section 14-131 requires that all forms and reports described in subdivision 2 of this section be available for public inspection, both at the BOE office and through the BOE electronic filing system for campaign finance disclosure (EFS). Subdivision 6 of the new section 14-131 makes it unlawful for any person, organization, group or business entity described in this section to make contributions to a candidate for state office, a political committee working to aid or participate in a such a candidate's election or nomination, or a political committee established or controlled by a candidate that exceed the following amounts: $500 for governor, lieuten- ant governor, attorney general or comptroller; $350 for the senate; and $250 for the assembly. Subdivision 6 also limits aggregate contribution amounts from entities mentioned in subdivision 2 of this section, to candidates or their committees, to $4,000 per election for the aforemen- tioned offices and prohibits contributions from state or local commit- tees of a political party, or any housekeeping account, in an amount greater than $1,000 per election and in an aggregate amount that exceeds $2,000 per election. This subdivision also makes it illegal for the entities mentioned in subdivision 2 of this section to transmit contrib- utions to or solicit contributions on behalf of a candidate, their designated committees, or a state or local committee of a political party, act as an intermediary or conduit of such contributions, partic- ipate in any fundraising activities for a particular candidate or committee, or serve as a chairperson, treasurer or other officer of any of the groups mentioned in this section. In addition, conducting any personal business transactions with a public official in an amount over $2,000 per calendar year or taking other steps to circumvent the restrictions in this section is also illegal. Subdivision 7 of the new section 14-131 states that no candidate for state office, or their designated committees, shall accept contributions from entities mentioned in subdivision 2 of this section in excess of $500 for the offices of governor, lieutenant governor, attorney general or comptroller, $350 for the senate and $250 for the assembly. Subdivision 8 of the new section 14-131 prohibits state or local poli- tical party committees, including any housekeping accounts, from accept- ing contributions in excess of $1,000 per election from any entity mentioned in subdivision 2 of this section. Subdivision 9 of the new section 14-131 prohibits any public official holding any of the offices listed in paragraph a of subdivision 6 of this section from conducting personal business transactions in excess of $2,000 per calendar year with any of the entities listed in subdivision 2 of this section. Subdivision 10 of the new section 14-131 provides that this section shall not prohibit any person from informing another of a position taken by a public official or a candidate for public office. Subdivision 11 of the new section 14-131 states that the provisions of subdivisions 2 and 6 of this section shall not apply to the campaign of any person described in subdivision 2 who is a candidate for any office listed in paragraph a of subdivision 6 of this section. Subdivision 1 of the new section 14-132 defines the terms "agent," "business entity," "immediate family," "housekeeping account," " candi- date for state office" and "personal business transaction" for the purposes of this new section. Subdivision 2 of the new section 14-132 states that any person, organ- ization, group or business entity that has received $50,000 or more in state contracts in a calendar year, a person who owns more than 10% of, or who holds a senior management position in, such a business entity, or any immediate family member or political committee established or controlled by any of the above who contributes money to a candidate or their designated committee or party within 36 days of an election must file reports, as required by subdivision 3 of this section, with the state board of elections (BOE) within 7 days of the date of contrib- ution. Any contributions made at any other time must be reported to the (BOE) within 36 days of the date or contribution or the date of any applicable contract, whichever occurs later. Subdivision 3 of the new section 14-132 states that the BOE shall prescribe all forms and procedures for the reporting required in subdi- vision 2 of this section and establishes a list of minimum requirements for such forms and filings. Subdivision 4 of the new section 14-132 requires that all forms and reports described in subdivision 2 of this section be available for public inspection, both at the BOE office and through the BOE electronic filing system for campaign finance disclosure (EFS). Subdivision 5 of the new section 14-132 makes it unlawful for any person, organization, group or business entity described in subdivision 2 of this section to make contributions to a candidate for state office, their designated committee or party, for a 12 month period, that exceed the following amounts: $500 for governor, lieutenant governor, attorney general or comptroller; $350 for the senate; and $250 for the assembly. Subdivision 5 also limits aggregate contribution amounts from entities mentioned in subdivision 2 of this section, to candidates or their committees, to $4,000 per election for the aforementioned offices and prohibits contributions from state or local committees of a political party, or any housekeeping account, in an amount greater than $1,000 per election and in an aggregate amount that exceeds $2,000 per election. This subdivision also makes it illegal for the entities mentioned in subdivision 2 of this section to transmit contributions to or solicit contributions on behalf of a candidate, their designated committees, or a state or local committee of a political party, act as an intermediary or conduit of such contributions, participate in any fundraising activ- ities for a particular candidate or committee, or serve as a chair- person, treasurer or other officer of any of the groups mentioned in this section. In addition, conducting any personal business transactions with a public official in an amount over $2,000 per calendar year or taking other steps to circumvent the restrictions in this section is also illegal. This subdivision, however, does not affect any contrib- utions made at a time when the entity contributing did not meet the descriptions of paragraphs a through e of subdivision 2 of this section. Subdivision 6 of the new section 14-132 prohibits the state or any state department, public entity or authority with contract-making power from entering into an agreement or contract to procure services, material, supplies or equipment, or to acquire, sell, or lease any land or build- ing from entities described in subdivision 2 of this section that have made financial contributions prohibited in subdivision 5 of this section. This subdivision also does not apply to contributions made at a time when the entity contributing did not meet the descriptions of para- graphs a through e of subdivision 2 of this section. Subdivision 7 of this section mandates that every contract and bid application and specifications promulgated by the state or any state department, public entity or authority with contract-making power shall include a provision describing the requirements of section 14-116 of this article. Subdivision 8 of the new section 14-132 mandates that the state shall receive a sworn statement, made under the penalty of perjury, from any contractor bidding on a state contract of any kind stating that the entity has not made a contribution in violation of this section.These statements must be received before entering into an agreement or contract to procure services, material, supplies, equipment or real estate from an entity described in subdivision 2 of this section. Subdivision 9 of the new section 14-132 prohibits candidates for state- wide office from accepting contributions from entities described in subdivision 2 of this section in an amount exceeding those permitted in paragraph a of subdivision 5 of this section for a 12 month period after the completion of the applicable contract or the remainder of the candi- date's term in office, whichever is longer. This provision does not apply to contributions made at a time when the entity did not meet the descriptions of paragraphs a through e of subdivision 2 of this section. Subdivision 10 of the new section 14-132 prohibits any public official holding any of the offices listed in paragraph a of subdivision 5 of this section from conducting personal business transactions in excess of $2,000 per calendar year with any of the entities listed in subdivision 2 of this section. Subdivision 11 of the new section 14-132 provides that this section shall not prohibit any person from informing another of a position taken by a public official or a candidate for public office. Subdivision 12 of the new section 14-132 states that the provisions of subdivisions 2 and 5 of this section shall not apply to the campaign of any person described in subdivision 2 who is a candidate for any office listed in paragraph a of subdivision 5 of this section. The new section 14-133 prohibits lobbyists, any person or business enti- ty that has received $50,000 or more in the last 2 years in state contracts, any state-appointed entity with contracting power or any person who owns more than 10% of or who holds a senior management posi- tion in such an entity from being appointed to a state public board or commission with the authority to award state contracts. Immediate fami- ly members of such individuals are also excluded. Section 8 of this bill establishes the effective date. JUSTIFICATION: Lobbying scandals at the national level have highlighted the potential for inappropriate and sometimes illegal influence by lobbyists over government officials. It is essential that New York adopt strict standards of behavior for its public officials, and enforce those standards in a vigilant and consistent manner. New York, in comparison with other states, has not been a leader in terms of adopting strong ethics standards for our public officials. This legislation would increase the amount of information shared with the public regarding relationships between lobbyists and legislators and bring much needed sunlight into our governmental process. The first provision of this legislation addresses difficulties in deter- mining the extent of lobbyists' contributions to political campaigns. In the wake of the Abramoff scandal at the national level, it became clear that such contributions are often given by lobbyists with the goal of inappropriately or illegally influencing the governmental decision making process. This legislation would reveal any such relationship to the public. The next two provisions address issues of business employment relation- ships between lobbyists and public officials or their families. Because the New York State legislature is officially a part time job, New York State legislators are often employed in positions with law firms that do business with lobbying firms. These relationships should be disclosed to the public. Similarly, the public has a right to know if close relatives of legislators are employed as lobbyists, to citizens who are in a posi- tion to evaluate whether such relationships result in inappropriate influence over a government decision making. LEGISLATIVE HISTORY: New bill in the Assembly; same as S744A of 2009 (Krueger). FISCAL IMPACT ON THE STATE: None. EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become a law provided that section 14-132 of the election law as added by section seven of this act shall take effect two years after such effective date.
A8814 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8814
2009-2010 Regular Sessions
I N A S S E M B L Y
June 10, 2009
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the legislative law and the election law, in relation to
disclosures required for lobbyists
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1-c of the legislative law is amended by adding a
new subdivision (w) to read as follows:
(W) THE TERM "FAMILY MEMBER" SHALL MEAN ANY OF THE FOLLOWING, INCLUD-
ING PARENTS, STEPPARENTS, SPOUSE, DOMESTIC PARTNERS, GRANDPARENTS,
BROTHERS, SISTERS, UNCLES, AND AUNTS, WHETHER OF THE WHOLE BLOOD OR HALF
BLOOD OR BY OR THROUGH LEGAL SANCTION.
S 2. Paragraph 5 of subdivision (b) of section 1-h of the legislative
law is amended by adding two new subparagraphs (vi) and (vii) to read as
follows:
(VI) THE CAMPAIGN CONTRIBUTIONS MADE, IN ANY FORM, TO ANY CAMPAIGN OR
POLITICAL COMMITTEE IN NEW YORK STATE BY THE CLIENT BY WHOM OR ON WHOSE
BEHALF THE LOBBYIST IS RETAINED, EMPLOYED OR DESIGNATED, BY THE LOBBY-
IST, AND BY ANY EMPLOYEES OF THE LOBBYIST.
(VII) THE AMOUNT OF COMPENSATION PAID AND THE NAMES OF ANY FAMILY
MEMBERS OF A PUBLIC OFFICIAL TO WHOM A LOBBYIST AND THE CLIENT BY WHOM
OR ON WHOSE BEHALF THE LOBBYIST IS RETAINED, EMPLOYED OR DESIGNATED HAS
PAID COMPENSATION OF MORE THAN FIVE HUNDRED DOLLARS IN THE PRECEDING
CALENDAR YEAR FOR PERSONAL EMPLOYMENT OR PROFESSIONAL SERVICES.
S 3. Subdivision (b) of section 1-h of the legislative law is amended
by adding a new paragraph 6 to read as follows:
(6) THE NAME, ADDRESS AND TELEPHONE NUMBER OF ANY PUBLIC OFFICIAL WITH
WHOM THE LOBBYIST HAS ANY BUSINESS RELATIONSHIP.
S 4. 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01176-05-9
A. 8814 2 (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. S 5. Subdivision (b) of section 1-j of the legislative law is amended by adding a new paragraph 6 to read as follows: (6) THE NAME, ADDRESS AND TELEPHONE NUMBER OF ANY PUBLIC OFFICIAL WITH WHOM THE LOBBYIST HAS ANY BUSINESS RELATIONSHIP. S 6. The election law is amended by adding a new section 14-105 to read as follows: S 14-105. CONTRIBUTION DELIVERY ACTIVITIES BY AN INTERMEDIARY. 1. FOR PURPOSES OF THIS SECTION "INTERMEDIARY" MEANS AN INDIVIDUAL, CORPO- RATION, PARTNERSHIP, POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER ENTITY WHICH: (A) OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY OR MESSENGER SERVICE, DELIVERS ANY CONTRIBUTION FROM ANOTHER PERSON OR ENTITY TO A CANDIDATE OR AUTHORIZED COMMITTEE; OR (B) SOLICITS CONTRIBUTIONS TO A CANDIDATE OR OTHER AUTHORIZED COMMIT- TEE WHERE SUCH SOLICITATION IS KNOWN TO SUCH CANDIDATE OR HIS OR HER AUTHORIZED COMMITTEE. FOR PURPOSES OF THIS PARAGRAPH, ONLY PERSONS CLEARLY IDENTIFIED AS THE SOLICITOR OF A CONTRIBUTION TO THE CANDIDATE OR HIS OR HER AUTHORIZED COMMITTEE SHALL BE PRESUMED TO BE KNOWN TO SUCH CANDIDATE OR HIS OR HER AUTHORIZED COMMITTEE. "INTERMEDIARY" SHALL NOT INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS, CHILDREN OR SIBLINGS OF THE PERSON MAKING SUCH CONTRIBUTION, OR ANY PAID OR VOLUNTEER FULL-TIME CAMPAIGN WORKERS OR COMMERCIAL FUNDRAISING FIRMS RETAINED BY THE CANDI- DATE AND THE AGENTS THEREOF. 2. WHEN CONTRIBUTIONS TOTALING ONE THOUSAND DOLLARS OR MORE ARE DELIV- ERED BY THE INTERMEDIARY TO THE RECIPIENT CANDIDATE, AUTHORIZED CANDI- DATE COMMITTEE OR PARTY COMMITTEE, THE INTERMEDIARY SHALL INDICATE IN WRITING TO THE RECIPIENT CANDIDATE, AUTHORIZED CANDIDATE COMMITTEE OR PARTY COMMITTEE THE FOLLOWING INFORMATION: (A) THE NAME, MAILING ADDRESS AND OCCUPATION OF EACH CONTRIBUTOR WHO MAKES A CONTRIBUTION OVER NINETY-NINE DOLLARS, AND THE AMOUNT OF EACH CONTRIBUTION, AND FOR EACH CONTRIBUTION OF TWO HUNDRED DOLLARS OR MORE, THE NAME AND ADDRESS OF SUCH CONTRIBUTOR'S EMPLOYER; (B) THE TOTAL AGGREGATE AMOUNT OF CONTRIBUTIONS OF NINETY-NINE DOLLARS OR LESS; AND (C) THE DATE THE CONTRIBUTION WAS RECEIVED BY THE INTERMEDIARY AND THE DATE THE CONTRIBUTIONS WERE DELIVERED TO THE RECIPIENT CANDIDATE, AUTHORIZED CANDIDATE COMMITTEE OR PARTY COMMITTEE. 3. THE RECIPIENT CANDIDATE, AUTHORIZED CANDIDATE COMMITTEE OR PARTY COMMITTEE SHALL REPORT TO THE STATE BOARD OF ELECTIONS THE INTERMEDIARY WHO DELIVERS CONTRIBUTIONS TOTALING ONE THOUSAND DOLLARS OR MORE ON THE STATEMENTS REQUIRED BY THIS ARTICLE. 4. THE STATE BOARD OF ELECTIONS SHALL PROVIDE A SECTION FOR INTERME- DIARY REPORTING AS REQUIRED BY THIS SECTION, WHICH SHALL INCLUDE: (A) THE NAME, MAILING ADDRESS, OCCUPATION AND EMPLOYER OF THE INTERME- DIARY; AND A. 8814 3 (B) THE TOTAL AMOUNT OF CONTRIBUTIONS DELIVERED BY THE INTERMEDIARY TO THE CANDIDATE, THE CANDIDATE'S AUTHORIZED COMMITTEE OR A PARTY COMMIT- TEE. S 7. The election law is amended by adding three new sections 14-131, 14-132 and 14-133 to read as follows: S 14-131. LOBBYIST 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; F. "BEHESTED PAYMENTS" MEANS CONTRIBUTIONS OR PAYMENTS SOLICITED BY STATE ELECTED OFFICIALS TO BE USED FOR LEGISLATIVE, GOVERNMENTAL OR CHARITABLE PURPOSES, BUT NOT CAMPAIGN PURPOSES; AND G. "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 STATE BOARD OF ELECTIONS WITHIN SEVEN CALENDAR DAYS AFTER THE DATE OF A CONTRIBUTION: A. A LOBBYIST REGISTERED UNDER SECTION ONE-E OF THE LEGISLATIVE LAW, INCLUDING ANY PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY THAT IS SO REGISTERED; B. ANY PERSON WHO OWNS MORE THAN TEN PERCENT OF A BUSINESS ENTITY 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 COMMISSION ON GOVERNMENTAL ETHICS; 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 OR D OF THIS SUBDIVISION. A. 8814 4 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 ELECTRONIC FILING OF THE FOLLOWING INFORMATION: A. THE NAME, ADDRESS, EMPLOYER AND 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 AND DATE OF THE CONTRIBUTION; 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. ELECTED OFFICIALS MUST REPORT ANY BEHESTED PAYMENTS THEY HAVE SOLICITED IF THEY TOTAL FIVE THOUSAND DOLLARS OR MORE PER CALENDAR YEAR FROM A SINGLE SOURCE WITHIN THIRTY DAYS OF THE DATE THE BEHESTED PAYMENT IS MADE ON FORMS PROSCRIBED BY THE COMMISSION ON GOVERNMENTAL ETHICS. 5. 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). 6. IT SHALL BE UNLAWFUL FOR ANY PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY DESCRIBED IN PARAGRAPHS A, B, C, D AND E OF SUBDIVI- SION TWO OF THIS SECTION TO: A. MAKE CONTRIBUTIONS TO A CANDIDATE FOR STATE OFFICE, A POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID OR PARTICIPATE IN SUCH CANDIDATE'S NOMINATION OR ELECTION, OR A 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) ATTORNEY GENERAL: FIVE HUNDRED DOLLARS; (IV) COMPTROLLER: FIVE HUNDRED DOLLARS; (V) SENATOR: THREE HUNDRED FIFTY DOLLARS; AND (VI) MEMBER OF ASSEMBLY: TWO HUNDRED FIFTY DOLLARS; 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. TRANSMIT A CONTRIBUTION ON BEHALF OF ANOTHER TO, OR SOLICIT A CONTRIBUTION ON BEHALF OF: (I) A CANDIDATE FOR ANY OF THE OFFICES FOR WHICH CONTRIBUTIONS ARE LIMITED UNDER PARAGRAPH A OF THIS SUBDIVISION; A. 8814 5 (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 OTHER STEPS TO CIRCUMVENT THE RESTRICTIONS IN THIS SUBSECTION. 7. NO CANDIDATE FOR STATE OFFICE, COMMITTEE WORKING DIRECTLY OR INDI- RECTLY TO AID OR PARTICIPATE IN SUCH CANDIDATE'S NOMINATION OR ELECTION, OR ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY SUCH CANDIDATE SHALL ACCEPT CONTRIBUTIONS FROM ANY PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY DESCRIBED IN PARAGRAPH A, B, C, D OR E OF SUBDIVISION TWO OF THIS SECTION THAT EXCEED THE FOLLOWING AMOUNTS PER ELECTION FOR THE FOLLOWING OFFICES: A. GOVERNOR: FIVE HUNDRED DOLLARS; B. LIEUTENANT GOVERNOR: FIVE HUNDRED DOLLARS; C. COMPTROLLER: FIVE HUNDRED DOLLARS; D. ATTORNEY GENERAL: FIVE HUNDRED DOLLARS; E. SENATOR: THREE HUNDRED FIFTY DOLLARS; AND F. MEMBER OF ASSEMBLY: TWO HUNDRED FIFTY DOLLARS. 8. NO STATE OR LOCAL POLITICAL PARTY COMMITTEES, INCLUDING ANY HOUSE- KEEPING ACCOUNT, SHALL ACCEPT CONTRIBUTIONS IN AN AMOUNT GREATER THAN ONE THOUSAND DOLLARS PER ELECTION FROM ANY PERSON, ORGANIZATION, GROUP A. 8814 6 OF PERSONS OR BUSINESS ENTITY DESCRIBED IN PARAGRAPH A, B, C, D OR E OF SUBDIVISION TWO OF THIS SECTION. 9. NO PUBLIC OFFICIAL HOLDING ANY OF THE OFFICES LISTED IN PARAGRAPH A OF SUBDIVISION SIX OF THIS SECTION SHALL CONDUCT PERSONAL BUSINESS TRAN- SACTIONS IN AN AMOUNT OVER TWO THOUSAND DOLLARS IN ANY CALENDAR YEAR WITH ANY PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY DESCRIBED IN PARAGRAPH A, B, C, D OR E OF SUBDIVISION TWO OF THIS SECTION. 10. 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. 11. THE PROVISIONS OF SUBDIVISIONS TWO AND SIX 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 SIX OF THIS SECTION. S 14-132. 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-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 A. 8814 7 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 PARAGRAPH 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; 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- A. 8814 8 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. 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 A. 8814 9 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: A. TO PROCURE SERVICES OR ANY MATERIAL, SUPPLIES OR EQUIPMENT, OR TO ACQUIRE, SELL, OR LEASE ANY LAND OR BUILDING FROM ANY PERSON, ORGANIZA- TION, GROUP OF PERSONS OR BUSINESS ENTITY DESCRIBED IN PARAGRAPHS A, B, C AND D OF SUBDIVISION TWO OF THIS SECTION WHO HAS MADE A CONTRIBUTION PROHIBITED IN SUBDIVISION FIVE 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, ORGANIZA- TION, 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. 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 CANDIDATES 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 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. S 14-133. 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; A. 8814 10 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. S 8. 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 14-132 of the election law as added by section seven of this act shall take effect two years after such effective date.
Co-Sponsors
Sandy Galef
A8814A (ACTIVE) - Details
- See Senate Version of this Bill:
- S744
- Law Section:
- Legislative Law
- Laws Affected:
- Amd §§1-c, 1-h & 1-j, Leg L; add §§14-131 - 14-133, El L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012: A5868, S3053
2013-2014: A2020, S3271
2015-2016: A5752, S2505
2017-2018: A8546, S5473
2019-2020: S2957
2021-2022: S940
2023-2024: S2130
A8814A (ACTIVE) - Summary
Requires additional disclosures from lobbyists including: campaign contributions to elected officials; existing business relationships or associations with public officials; and the names of family members of a public official to whom the lobbyist, or his or her employer, paid compensation of over $500 in the preceding calendar year and the amount of compensation paid.
A8814A (ACTIVE) - Sponsor Memo
BILL NUMBER:A8814A TITLE OF BILL: An act to amend the legislative law and the election law, in relation to disclosures required for lobbyists PURPOSE: This bill would require lobbyists and entities receiving government contracts to report campaign contributions, relationships with public officials, and employment relationships with relatives of public officials. SUMMARY OF PROVISIONS: Section 1 of the bill amends section 1-c of the legislative law by adding a new subdivision (w) which defines the term "family member" for the purpose of establishing new campaign financial disclosure rules for lobbyists. Section 2 of the bill amends paragraph 5 of subdivision b of section 1-h of the legislative law by adding two new subparagraphs, (vi) and (vii). The new paragraph (vi) states that bi-monthly lobbyist reports must contain all campaign contributions made to any campaign or political committee in New York State by lobbyists, their clients, or anyone employed or designated by a lobbyist. The new paragraph (vii) states that any amount of paid compensation made from lobbyists, their clients, or employees to a family member of a public official also needs to be included in bi-monthly lobbyist reports. Section 3 of the bill amends subdivision b of section 1-h of the legis-
lative law by adding a new paragraph 6 that stipulates that the name, address, and telephone number of any public official with whom a lobby- ist has had any business relationship must also be included in the bi-monthly lobbyist reports. Section 4 of the bill amends paragraph 5 of subdivision b of section 1-j of the legislative law by adding two new subparagraphs, (vi) and (vii), which state that the same information added to the bi-monthly lobbyist reports, under section 2 of this bill, also be added to the semi-annual lobbyist reports. Section 5 of the bill amends subdivision b of section 1-j of the legis- lative law by adding a new paragraph 6 which stipulates that the same information added to the bi-monthly lobbyist reports, under section 3 of this bill, also be added to the semi-annual lobbyist reports. Section 6 of the bill amends the election law by adding three new sections, 14-131, 14-132 and 14-133, as follows. Subdivision 1 of the new section 14-131 defines the terms "agent," "business entity," "immediate family," "housekeeping account," "candi- date for state office," "behested payments," and "personal business transaction" for the purposes of the new section 14-131. Subdivision 2 of the new section 14-131 states that any lobbyist, person who owns more than 10% of, or who holds a senior management position in, a business entity, or any immediate family member or political committee established or controlled by any of the above who contributes money to a candidate or their designated committee or party must file reports with the state board of elections (BOE) within 7 days as required by subdivi- sion 3 of this section. Subdivision 3 of the new section 14-131 states that the BOE shall prescribe all forms and procedures for the reporting required in subdi- vision 2 of this section and establishes a list of minimum requirements for such forms and filings. Subdivision 4 of the new section 14-131 requires elected officials to report, within 30 days, any behested payments from a single source totaling five thousand dollars or more per calendar year. Subdivision 5 of the new section 14-131 requires that all forms and reports described in subdivision 2 of this section be available for public inspection, both at the BOB office and through the BOE electronic filing system for campaign finance disclosure (EFS). Subdivision 6 of the new section 14-131 makes it unlawful for any person, organization, group or business entity described in this section to make contributions to a candidate for state office, a political committee working to aid or participate in a such a candidate's election or nomination, or a political committee established or controlled by a candidate that exceed the following amounts: $500 for governor, lieuten- ant governor, attorney general or comptroller; $350 for the senate; and $250 for the assembly. Subdivision 6 also limits aggregate contribution amounts from entities mentioned in subdivision 2 of this section, to candidates or their committees, to $4,000 per election for the aforemen- tioned offices and prohibits contributions from state or local commit- tees of a political party, or any housekeeping account, in an amount greater than $1,000 per election and in an aggregate amount that exceeds $2,000 per election. This subdivision also makes it illegal for the entities mentioned in subdivision 2 of this section to transmit contrib- utions to or solicit contributions on behalf of a candidate, their designated committees, or a state or local committee of a political party, act as an intermediary or conduit of such contributions, partic- ipate in any fundraising activities for a particular candidate or committee, or serve as a chairperson, treasurer or other officer of any of the groups mentioned in this section. In addition, conducting any personal business transactions with a public official in an amount over $2,000 per calendar year or taking other steps to circumvent the restrictions in this section is also illegal. Subdivision 7 of the new section 14-131 states that no candidate for state office, or their designated committees, shall accept contributions from entities mentioned in subdivision 2 of this section in excess of $500 for the offices of governor, lieutenant governor, attorney general or comptroller, $350 for the senate and $250 for the assembly. Subdivision 8 of the new section 14-131 prohibits state or local poli- tical party committees, including any housekeeping accounts, from accepting contributions in excess of $1,000 per election from any entity mentioned in subdivision 2 of this section. Subdivision 9 of the new section 14-131 prohibits any public official holding any of the offices listed in paragraph a of subdivision 6 of this section from conducting personal business transactions in excess of $2,000 per calendar year with any of the entities listed in subdivision 2 of this section. Subdivision 10 of the new section 14-131 provides that this section shall not prohibit any person from informing another of a position taken by a public official or a candidate for public office. Subdivision 11 of the new section 14-131 states that the provisions of subdivisions 2 and 6 of this section shall not apply to the campaign of any person described in subdivision 2 who is a candidate for any office listed in paragraph a of subdivision 6 of this section. Subdivision 1 of the new section 14-132 defines the terms "agent," "business entity," "immediate family," "housekeeping account," "candi- date for state office" and "personal business transaction" for the purposes of this new section. Subdivision 2 of the new section 14-132 states that any person, organ- ization, group or business entity that has received $50,000 or more in state contracts in a calendar year, a person who owns more than 10% of, or who holds a senior management position in, such a business entity, or any immediate family member or political committee established or controlled by any of the above who contributes money to a candidate or their designated committee or party within 36 days of an election must file reports, as required by subdivision 3 of this section, with the state board of elections (BOE) within 7 days of the date of contrib- ution. Any contributions made at any other time must be reported to the (BOE) within 36 days of the date or contribution or the date of any applicable contract, whichever occurs later. Subdivision 3 of the new section 14-132 states that the BOE shall prescribe all forms and procedures for the reporting required in subdi- vision 2 of this section and establishes a list of minimum requirements for such forms and filings. Subdivision 4 of the new section 14-132 requires that all forms and reports described in subdivision 2 of this section be available for public inspection, both at the BOE office and through the BOE electronic filing system for campaign finance disclosure (EFS). Subdivision 5 of the new section 14-132 makes it unlawful for any person, organization, group or business entity described in subdivision 2 of this section to make contributions to a candidate for state office, their designated committee or party, for a 12 month period, that exceed the following amounts: $500 for governor, lieutenant governor, attorney general or comptroller; $350 for the senate; and $250 for the assembly. Subdivision 5 also limits aggregate contribution amounts from entities mentioned in subdivision 2 of this section, to candidates or their committees, to $4,000 per election for the aforementioned offices and prohibits contributions from state or local committees of a political party, or any housekeeping account, in an amount greater than $1,000 per election and in an aggregate amount that exceeds $2,000 per election. This subdivision also makes it illegal for the entities mentioned in subdivision 2 of this section to transmit contributions to or solicit contributions on behalf of a candidate, their designated committees, or a state or local committee of a political party, act as an intermediary or conduit of such contributions, participate in any fundraising activ- ities for a particular candidate or committee, or serve as a chair- person, treasurer or other officer of any of the groups mentioned in this section. In addition, conducting any personal business transactions with a public official in an amount over $2,000 per calendar year or taking other steps to circumvent the restrictions in this section is also illegal. This subdivision, however, does not affect any contrib- utions made at a time when the entity contributing did not meet the descriptions of paragraphs a through e of subdivision 2 of this section. Subdivision 6 of the new section 14-132 prohibits the state or any state department, public entity or authority with contract-making power from entering into an agreement or contract to procure services, material, supplies or equipment, or to acquire, sell, or lease any land or build- ing from entities described in subdivision 2 of this section that have made financial contributions prohibited in subdivision 5 of this section. This subdivision also does not apply to contributions made at a time when the entity contributing did not meet the descriptions of para- graphs a through e of subdivision 2 of this section. Subdivision 7 of this section mandates that every contract and bid application and specifications promulgated by the state or any state department, public entity or authority with contract-making power shall include a provision describing the requirements of section 14-116 of this article. Subdivision 8 of the new section 14-132 mandates that the state shall receive a sworn statement, made under the penalty of perjury, from any contractor bidding on a state contract of any kind stating that the entity has not made a contribution in violation of this section. These statements must be received before entering into an agreement or contract to procure services, material, supplies, equipment or real estate from an entity described in subdivision 2 of this section. Subdivision 9 of the new section 14-132 prohibits candidates for state- wide office from accepting contributions from entities described in subdivision 2 of this section in an amount exceeding those permitted in paragraph a of subdivision 5 of this section for a 12 month period after the completion of the applicable contract or the remainder of the candi- date's term in office, whichever is longer. This provision does not apply to contributions made at a time when the entity did not meet the descriptions of paragraphs a through e of subdivision 2 of this section. Subdivision 10 of the new section 14-132 prohibits any public official holding any of the offices listed in paragraph a of subdivision 5 of this section from conducting personal business transactions in excess of $2,000 per calendar year with any of the entities listed in subdivision 2 of this section. Subdivision 11 of the new section 14-132 provides that this section shall not prohibit any person from informing another of a position taken by a public official or a candidate for public office. Subdivision 12 of the new section 14-132 states that the provisions of subdivisions 2 and 5 of this section shall not apply to the campaign of any person described in subdivision 2 who is a candidate for any office listed in paragraph a of subdivision 5 of this section. The new section 14-133 prohibits lobbyists, any person or business enti- ty that has received $50,000 or more in the last 2 years in state contracts, any state-appointed entity with contracting power or any person who owns more than 10% of or who holds a senior management posi- tion in such an entity from being appointed to a state public board or commission with the authority to award state contracts, Immediate family members of such individuals are also excluded. Section 7 of the bill sets forth the effective date. JUSTIFICATION: This legislation would increase the amount of information shared with the public regarding relationships between lobbyists and legislators and bring much needed sunlight into our governmental proc- ess. Several provisions address difficulties in determining the extent of lobbyists' contributions to political campaigns. Other provisions address issues of business employment relationships between lobbyists and public officials or their families. These relationships should be disclosed to the public. Similarly, the public has a right to know if close relatives of legislators are employed as lobbyists, so citizens are in a position to evaluate whether such relationships result in inap- propriate influence over government decision making. LEGISLATIVE HISTORY: 2009: A08814A-Governmental Operations FISCAL IMPACT ON THE STATE: None. EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become a law provided that section 14-132 of the election law as added by section six of this act shall take effect two years after such effective date.
A8814A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8814--A
2009-2010 Regular Sessions
I N A S S E M B L Y
June 10, 2009
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Governmental Operations -- recommitted to the Committee on
Governmental Operations in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the legislative law and the election law, in relation to
disclosures required for lobbyists
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1-c of the legislative law is amended by adding a
new subdivision (w) to read as follows:
(W) THE TERM "FAMILY MEMBER" SHALL MEAN ANY OF THE FOLLOWING, INCLUD-
ING PARENTS, STEPPARENTS, SPOUSE, DOMESTIC PARTNERS, GRANDPARENTS,
BROTHERS, SISTERS, UNCLES, AND AUNTS, WHETHER OF THE WHOLE BLOOD OR HALF
BLOOD OR BY OR THROUGH LEGAL SANCTION.
S 2. Paragraph 5 of subdivision (b) of section 1-h of the legislative
law is amended by adding two new subparagraphs (vi) and (vii) to read as
follows:
(VI) THE CAMPAIGN CONTRIBUTIONS MADE, IN ANY FORM, TO ANY CAMPAIGN OR
POLITICAL COMMITTEE IN NEW YORK STATE BY THE CLIENT BY WHOM OR ON WHOSE
BEHALF THE LOBBYIST IS RETAINED, EMPLOYED OR DESIGNATED, BY THE LOBBY-
IST, AND BY ANY EMPLOYEES OF THE LOBBYIST.
(VII) THE AMOUNT OF COMPENSATION PAID AND THE NAMES OF ANY FAMILY
MEMBERS OF A PUBLIC OFFICIAL TO WHOM A LOBBYIST AND THE CLIENT BY WHOM
OR ON WHOSE BEHALF THE LOBBYIST IS RETAINED, EMPLOYED OR DESIGNATED HAS
PAID COMPENSATION OF MORE THAN FIVE HUNDRED DOLLARS IN THE PRECEDING
CALENDAR YEAR FOR PERSONAL EMPLOYMENT OR PROFESSIONAL SERVICES.
S 3. Subdivision (b) of section 1-h of the legislative law is amended
by adding a new paragraph 6 to read as follows:
(6) THE NAME, ADDRESS AND TELEPHONE NUMBER OF ANY PUBLIC OFFICIAL WITH
WHOM THE LOBBYIST HAS ANY BUSINESS RELATIONSHIP.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01176-06-0
A. 8814--A 2 S 4. 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. S 5. Subdivision (b) of section 1-j of the legislative law is amended by adding a new paragraph 6 to read as follows: (6) THE NAME, ADDRESS AND TELEPHONE NUMBER OF ANY PUBLIC OFFICIAL WITH WHOM THE LOBBYIST HAS ANY BUSINESS RELATIONSHIP. S 6. The election law is amended by adding three new sections 14-131, 14-132 and 14-133 to read as follows: S 14-131. LOBBYIST 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; F. "BEHESTED PAYMENTS" MEANS CONTRIBUTIONS OR PAYMENTS SOLICITED BY STATE ELECTED OFFICIALS TO BE USED FOR LEGISLATIVE, GOVERNMENTAL OR CHARITABLE PURPOSES, BUT NOT CAMPAIGN PURPOSES; AND G. "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 STATE BOARD OF ELECTIONS WITHIN SEVEN CALENDAR DAYS AFTER THE DATE OF A CONTRIBUTION: A. 8814--A 3 A. A LOBBYIST REGISTERED UNDER SECTION ONE-E OF THE LEGISLATIVE LAW, INCLUDING ANY PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY THAT IS SO REGISTERED; B. ANY PERSON WHO OWNS MORE THAN TEN PERCENT OF A BUSINESS ENTITY 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 COMMISSION ON GOVERNMENTAL ETHICS; 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 OR 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 ELECTRONIC FILING OF THE FOLLOWING INFORMATION: A. THE NAME, ADDRESS, EMPLOYER AND 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 AND DATE OF THE CONTRIBUTION; 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. ELECTED OFFICIALS MUST REPORT ANY BEHESTED PAYMENTS THEY HAVE SOLICITED IF THEY TOTAL FIVE THOUSAND DOLLARS OR MORE PER CALENDAR YEAR FROM A SINGLE SOURCE WITHIN THIRTY DAYS OF THE DATE THE BEHESTED PAYMENT IS MADE ON FORMS PROSCRIBED BY THE COMMISSION ON GOVERNMENTAL ETHICS. 5. 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). 6. IT SHALL BE UNLAWFUL FOR ANY PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY DESCRIBED IN PARAGRAPHS A, B, C, D AND E OF SUBDIVI- SION TWO OF THIS SECTION TO: A. MAKE CONTRIBUTIONS TO A CANDIDATE FOR STATE OFFICE, A POLITICAL COMMITTEE WORKING DIRECTLY OR INDIRECTLY TO AID OR PARTICIPATE IN SUCH CANDIDATE'S NOMINATION OR ELECTION, OR A 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) ATTORNEY GENERAL: FIVE HUNDRED DOLLARS; (IV) COMPTROLLER: FIVE HUNDRED DOLLARS; (V) SENATOR: THREE HUNDRED FIFTY DOLLARS; AND (VI) MEMBER OF ASSEMBLY: TWO HUNDRED FIFTY DOLLARS; 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 A. 8814--A 4 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. TRANSMIT A CONTRIBUTION ON BEHALF OF ANOTHER TO, OR SOLICIT A CONTRIBUTION ON BEHALF OF: (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 OTHER STEPS TO CIRCUMVENT THE RESTRICTIONS IN THIS SUBSECTION. 7. NO CANDIDATE FOR STATE OFFICE, COMMITTEE WORKING DIRECTLY OR INDI- RECTLY TO AID OR PARTICIPATE IN SUCH CANDIDATE'S NOMINATION OR ELECTION, OR ANY OTHER POLITICAL COMMITTEE ESTABLISHED OR CONTROLLED BY SUCH CANDIDATE SHALL ACCEPT CONTRIBUTIONS FROM ANY PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY DESCRIBED IN PARAGRAPH A, B, C, D A. 8814--A 5 OR E OF SUBDIVISION TWO OF THIS SECTION THAT EXCEED THE FOLLOWING AMOUNTS PER ELECTION FOR THE FOLLOWING OFFICES: A. GOVERNOR: FIVE HUNDRED DOLLARS; B. LIEUTENANT GOVERNOR: FIVE HUNDRED DOLLARS; C. COMPTROLLER: FIVE HUNDRED DOLLARS; D. ATTORNEY GENERAL: FIVE HUNDRED DOLLARS; E. SENATOR: THREE HUNDRED FIFTY DOLLARS; AND F. MEMBER OF ASSEMBLY: TWO HUNDRED FIFTY DOLLARS. 8. NO STATE OR LOCAL POLITICAL PARTY COMMITTEES, INCLUDING ANY HOUSE- KEEPING ACCOUNT, SHALL ACCEPT CONTRIBUTIONS IN AN AMOUNT GREATER THAN ONE THOUSAND DOLLARS PER ELECTION FROM ANY PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY DESCRIBED IN PARAGRAPH A, B, C, D OR E OF SUBDIVISION TWO OF THIS SECTION. 9. NO PUBLIC OFFICIAL HOLDING ANY OF THE OFFICES LISTED IN PARAGRAPH A OF SUBDIVISION SIX OF THIS SECTION SHALL CONDUCT PERSONAL BUSINESS TRAN- SACTIONS IN AN AMOUNT OVER TWO THOUSAND DOLLARS IN ANY CALENDAR YEAR WITH ANY PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY DESCRIBED IN PARAGRAPH A, B, C, D OR E OF SUBDIVISION TWO OF THIS SECTION. 10. 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. 11. THE PROVISIONS OF SUBDIVISIONS TWO AND SIX 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 SIX OF THIS SECTION. S 14-132. 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 A. 8814--A 6 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-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 PARAGRAPH 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: A. 8814--A 7 (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; 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 A. 8814--A 8 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. 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 CANDIDATES 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 A. 8814--A 9 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 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. S 14-133. 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. S 7. 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 14-132 of the election law as added by section six of this act shall take effect two years after such effective date.