Senate Bill S6260

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6260--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            November 4, 2009
                               ___________

Introduced  by Sens. BRESLIN, FOLEY, HUNTLEY, C. JOHNSON, KRUEGER, MORA-
  HAN, ONORATO, OPPENHEIMER, SAVINO, SCHNEIDERMAN, VALESKY -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Rules -- committee discharged, bill amended, ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the  public officers law and the legislative law, in
  relation to the receipt of monies by members of  the  legislature  for
  purposes of legal defense

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public officers law is amended by adding a new  section
77-b to read as follows:
  S 77-B. DISCLOSURE OF SPECIAL DEFENSE FUNDS RECEIVED BY MEMBERS OF THE
LEGISLATURE.  1.  CONTRIBUTIONS MADE BY ANY PERSON, FIRM, ASSOCIATION OR
CORPORATION TO A MEMBER OF THE STATE LEGISLATURE WHICH ARE  INTENDED  TO
BE  USED BY SUCH MEMBER, OR ON BEHALF OF SUCH MEMBER, FOR THE PAYMENT OF
LEGAL SERVICES AND OTHER CHARGES IN CONNECTION WITH THE LEGAL DEFENSE OF
SUCH MEMBER IN ANY PAST OR PENDING CIVIL OR  CRIMINAL  ACTION  SHALL  BE
SUBJECT  TO  THE  MONETARY  LIMITATIONS  SET FORTH IN SUBDIVISION ONE OF
SECTION  14-114  OF  THE  ELECTION  LAW.  SUCH  CONTRIBUTIONS  SHALL  BE
DISCLOSED  ANNUALLY TO THE LEGISLATIVE ETHICS COMMISSION ON SWORN STATE-
MENTS SETTING FORTH THE DOLLAR AMOUNT OF ANY RECEIPT OR CONTRIBUTION  OR
THE FAIR MARKET VALUE OF ANY RECEIPT OR CONTRIBUTION WHICH IS OTHER THAN
OF  MONEY,  THE  NAME AND ADDRESS OF THE CONTRIBUTOR OR PERSON FROM WHOM
RECEIVED. ANY STATEMENT REPORTING A LOAN SHALL HAVE  ATTACHED  TO  IT  A
COPY  OF THE EVIDENCE OF INDEBTEDNESS. THE LEGISLATIVE ETHICS COMMISSION
SHALL PROVIDE FORMS SUITABLE FOR SUCH STATEMENTS.
  2. FOR THE PURPOSES OF THIS SECTION, "CONTRIBUTION"  MEANS  ANY  GIFT,
SUBSCRIPTION,  ADVANCE,  OR DEPOSIT OF MONEY OR ANY THING OF VALUE, MADE
IN CONNECTION WITH THE LEGAL DEFENSE OF A MEMBER OF THE  LEGISLATURE  IN
CONNECTION  WITH A CIVIL OR CRIMINAL ACTION AGAINST SUCH MEMBER, INCLUD-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14981-04-9
              

S. 6260--A                          2

ING BUT NOT LIMITED TO COMPENSATION FOR THE  PERSONAL  SERVICES  OF  ANY
INDIVIDUAL  WHICH  ARE  RENDERED  IN  CONNECTION WITH SUCH LEGAL DEFENSE
WITHOUT CHARGE. A LOAN MADE TO  A  MEMBER  OF  THE  LEGISLATURE  BY  ANY
PERSON,  FIRM,  ASSOCIATION  OR  CORPORATION  OTHER  THAN IN THE REGULAR
COURSE OF THE LENDER'S BUSINESS SHALL BE DEEMED A CONTRIBUTION  FOR  THE
PURPOSES OF THIS SECTION.  THE PROVISIONS OF THIS SECTION SHALL APPLY TO
CONTRIBUTIONS MADE ON AND AFTER JANUARY FIRST, TWO THOUSAND NINE.
  3. ANY ANONYMOUS CONTRIBUTIONS RECEIVED BY A MEMBER OF THE LEGISLATURE
FOR  THE LEGAL DEFENSE OF SUCH MEMBER SHALL NOT BE USED OR EXPENDED, BUT
THE SAME SHALL BE PAID OVER TO THE COMPTROLLER OF THE STATE OF NEW  YORK
FOR DEPOSIT IN THE GENERAL TREASURY OF THE STATE UNLESS, BEFORE THE DATE
FOR  FILING  STATEMENTS  AND REPORTS AS HEREIN PROVIDED, THE IDENTITY OF
SUCH ANONYMOUS CONTRIBUTOR SHALL BECOME KNOWN, AND, IN  SUCH  EVENT  THE
ANONYMOUS CONTRIBUTION SHALL BE RETURNED TO SUCH CONTRIBUTOR OR RETAINED
AND PROPERLY REPORTED AS A CONTRIBUTION FROM SUCH CONTRIBUTOR.
  S 2. Paragraph (vii) of subdivision (j) of section 1-c of the legisla-
tive law, as added by chapter 14 of the laws of 2007, is amended to read
as follows:
  (vii)  gifts  from  a  family member, member of the same household, or
person with a personal relationship with the public official,  including
invitations to attend personal or family social events, when the circum-
stances  establish  that  it  is  the  family,  household,  or  personal
relationship that is the primary motivating factor; in determining moti-
vation, the following factors shall be among those considered:  (A)  the
history and nature of the relationship between the donor and the recipi-
ent,  including whether or not items have previously been exchanged; (B)
whether the item was purchased by the donor; and (C) whether or not  the
donor at the same time gave similar items to other public officials; the
transfer shall not be considered to be motivated by a family, household,
or  personal  relationship  if  the  donor seeks to charge or deduct the
value of such item as a business expense or seeks reimbursement  from  a
client.  CONTRIBUTIONS  MADE  BY ANY INDIVIDUAL OR ENTITY REQUIRED TO BE
LISTED ON A STATEMENT OF REGISTRATION PURSUANT  TO  THIS  ARTICLE  TO  A
MEMBER  OF  THE  STATE LEGISLATURE WHICH ARE INTENDED TO BE USED BY SUCH
MEMBER OR ON BEHALF OF SUCH MEMBER FOR THE PAYMENT OF LEGAL SERVICES AND
OTHER CHARGES IN CONNECTION WITH THE LEGAL DEFENSE OF SUCH MEMBER IN ANY
PAST OR PENDING CIVIL OR CRIMINAL ACTION SHALL BE CONSIDERED GIFTS UNDER
THIS ARTICLE;
  S 3.  Subdivision 15 of section 80 of the legislative law, as  amended
by chapter 14 of the laws of 2007, is amended to read as follows:
  15.  Within  one  hundred  twenty  days  of the effective date of this
subdivision, the commission  shall  create  and  thereafter  maintain  a
publicly  accessible  website  which  shall  set forth the procedure for
filing a complaint with the commission,  and  which  shall  contain  the
documents identified in subdivision fourteen of this section, other than
financial  disclosure  statements,  DISCLOSURE  FORMS  FILED PURSUANT TO
SECTION SEVENTY-SEVEN-B OF  THE  PUBLIC  OFFICERS  LAW,  and  any  other
records  or  information which the commission determines to be appropri-
ate.
  S 4. This act shall take effect immediately.