Senate Bill S8282A

2009-2010 Legislative Session

Provides for state board of elections enforcement unit and counsel; relates to political communications, independent expenditure reporting and enforcement proceeding

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 25, 2010	print number 8282a
Jun 25, 2010	amend (t) and recommit to rules
Jun 20, 2010	referred to rules

Bill Amendments

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2009-S8282 - Details

Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Amd El L, generally

2009-S8282 - Summary

Provides for state board of elections enforcement unit and counsel; relates to political communications, independent expenditure reporting and enforcement proceeding.

2009-S8282 - Sponsor Memo

                                BILL NUMBER:S8282

TITLE OF BILL:
An act
to amend the election law, in relation to
providing for a state board of elections enforcement unit and
counsel; in relation to political communication,
independent expenditure reporting, enforcement proceeding and penalties
for violations;
in relation to the content of statements of
campaign receipts, contributions, transfers and expenditures to and by
political committees;
in relation to prohibiting candidates from authorizing more than one
political committee for any one election;
in relation to political contributions, and
disposition of campaign funds; and
to amend the business corporation law, the cooperative corporations law,
the not-for-profit corporation law, the railroad law,
the transportation corporations law,
the banking law and the limited liability company law, in relation
to political contributions by corporations

PURPOSE OR GENERAL IDEA OF BILL:
This legislation would promote compliance with and enforcement of
campaign finance laws and increase transparency and accountability by
requiring additional disclosure of candidate and independent campaign

activities by corporations.

SUMMARY OF SPECIFIC PROVISIONS:
The bill would codify in statute an enforcement unit within the State
Board of Elections (SBOE). Moreover, at least 35 percent of the
SBOE's annual budget would be dedicated to the unit to promote
increased enforcement of campaign finance laws;

Expands the jurisdiction of the enforcement unit and promotes
independence of the enforcement counsel by making the office a 4 year
term, and the office of special counsel, the other legal unit at the
SBOE, a 4 year term and codifies the requirement that the deputy in
each unit be a member of the opposite political party than that of
the counsel;

Changes the way that campaign finance enforcement matters are
processed at the SBOE by requiring three of the four SBOE
commissioners to vote to stop an investigation by the enforcement
counsel, rather than requiring, as current law does, 3 votes to begin
an investigation;

Mandates that all votes to stop an investigation, or to act on the
recommendation of the enforcement counsel after an investigation,
occur in public, as currently all discussion and all determinations
made regarding campaign finance enforcement matters occur in
executive session and not in public.

The bill also promotes compliance with campaign finance laws by:

Increasing the penalty for failure to file from $500 to $1,000;


Creating a substantial new penalty of up to $10,000 for the failure to
file required statements three or more times in an election cycle;
and creating a new penalty for accepting an excess contribution. In
addition to returning the excess, a candidate or committee could be
fined an amount equal to 2 times the excess plus face a civil penalty
up to $10,000.

The bill would also require greater disclosure and transparency of
campaign finance information. specifically, it would:

Define the term "independent expenditures" and require that such
political communications that use such expenditures identify the
source of such funds.
violators would be penalized by a civil fine of up to $1,000 or the
cost of the independent expenditure, whichever is greater;

Mandate that independent expenditures on communications opposing or
supporting a candidate or ballot initiative in excess of $1,000 be
subject to the same filing requirements currently in place for
candidates and political committees;

Prohibit a person, campaign committee or political party from falsely
identifying the source of a political communication;

Require itemization of candidate and political committee credit card
payments and other like payments;

Require that for contributions over $500, the occupation and employer
of the contributor be disclosed;

Prohibit candidates from authorizing more than one political campaign
committee in anyone election cycle. Under current law candidates can
have as many campaign committees as they so choose, making it hard to
track donations and contributors. This section of the bill would not
apply to exploratory committees;

Add Limited Liability Companies ("LLCS") to section 14-116 of the
election law to provide that LLCs have the same $5,000 limit for
making contributions to candidates, parties and political committees
per year, as corporations currently do. Under current law LLCs are
treated as natural persons for purposes of campaign contribution
limits and as such, subject to a campaign contribution limit of
$150,000;

Establish a comprehensive framework for the winding down of campaign
committees. Current law does not require campaign committees to
dispose of funds within a set timeframe. Hypothetically, a committee
could continue transferring and making contributions for another
twenty years after an elected official has died or left office. Under
this section of the bill an authorized committee would have four
years to fully dispose of campaign monies upon the later of: (a) the
end of the individual's most recent term in office; (b) the date of
the election in which the individual last was a filed candidate; or
(c) upon conviction of a felony;

Responds to the U.S. Supreme Court decision in citizens United vs.
F.E.C. by requiring corporations via a meeting of shareholders on an


annual basis or
more to vote to authorize such corporation to make contributions or
independent expenditures on behalf of itself.

JUSTIFICATION:
The bill would promote compliance with campaign finance laws by
increasing current penalties and creating new penalties for
violations of campaign finance laws.

It would also promote transparency and accountability by requiring the
disclosure of additional information regarding political committee
activities and, for the first time, requiring the identification of
the source of, and the filing of statements about, independent
expenditures made in an election. The bill would require the SBOE to
vote on campaign finance matters in public for the first time to
allow the public to evaluate the effectiveness of campaign finance
laws and increase the public's confidence in our electoral system.

Passage of the bill is needed to help strengthen our current ethics
and campaign finance laws, and by so doing help to improve compliance
with the standards of conduct, legal and ethical, to which all of New
York's public servants should be held.

PRIOR LEGISLATIVE HISTORY:
This is a new bill. Similar legislation (S6457}which contained parts
of this bill passed the Senate earlier this year and was subsequently
vetoed by the Governor.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect January 1, 2011; provided, however that
sections sixteen through twenty-seven of this act shall take effect
August 1, 2010.

2009-S8282 - Bill Text download pdf

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

                                  8282

                            I N  S E N A T E

                              June 20, 2010
                               ___________

Introduced by Sens. SAMPSON, SQUADRON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules

AN  ACT  to amend the election law, in relation to providing for a state
  board of elections enforcement unit and counsel; in relation to  poli-
  tical  communication,  independent  expenditure reporting, enforcement
  proceeding and penalties for violations; in relation to the content of
  statements of campaign receipts, contributions, transfers and expendi-
  tures to and by  political  committees;  in  relation  to  prohibiting
  candidates  from authorizing more than one political committee for any
  one election; in relation to political contributions, and  disposition
  of  campaign  funds;  and  to  amend the business corporation law, the
  cooperative corporations law, the not-for-profit corporation law,  the
  railroad law, the transportation corporations law, the banking law and
  the  limited  liability company law, in relation to political contrib-
  utions by corporations

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

  Section  1.  Subdivision  3  of  section 3-100 of the election law, as
amended by chapter 220 of the laws  of  2005,  is  amended  to  read  as
follows:
  3.  The  commissioners  of  the state board of elections shall have no
other public employment. The commissioners shall receive an annual sala-
ry of twenty-five thousand dollars, within the  amounts  made  available
therefor by appropriation. The board shall, for the purposes of sections
seventy-three  and  seventy-four of the public officers law, be a "state
agency", and such commissioners shall be "officers" of the  state  board
of  elections for the purposes of such sections. Within the amounts made
available by appropriation therefor, the state board of elections  shall
appoint  two co-executive directors, [counsel] AN ENFORCEMENT COUNSEL, A
DEPUTY ENFORCEMENT COUNSEL, WHO SHALL BE A MEMBER OF A  DIFFERENT  MAJOR
POLITICAL PARTY THAN THE ENFORCEMENT COUNSEL, A SPECIAL COUNSEL, A DEPU-
TY SPECIAL COUNSEL, WHO SHALL BE A MEMBER OF A DIFFERENT MAJOR POLITICAL
PARTY  THAN  THE  SPECIAL  COUNSEL, A DIRECTOR OF ELECTION OPERATIONS, A
DEPUTY DIRECTOR OF ELECTION OPERATIONS, WHO  SHALL  BE  A  MEMBER  OF  A

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

                                                           LBD17748-03-0

S. 8282                             2

DIFFERENT  MAJOR  POLITICAL  PARTY  THAN  THE DIRECTOR OF ELECTION OPER-
ATIONS, A DIRECTOR OF PUBLIC INFORMATION, A DEPUTY  DIRECTOR  OF  PUBLIC
INFORMATION,  WHO SHALL BE A MEMBER OF A DIFFERENT MAJOR POLITICAL PARTY
THAN  THE DIRECTOR OF PUBLIC INFORMATION and such other staff members as
are necessary in the exercise  of  its  functions,  and  may  fix  their
compensation.  [Anytime  after  the effective date of the chapter of the
laws of two thousand five  which  amended  this  subdivision,  the]  THE
commissioners or, in the case of a vacancy on the board, the commission-
er of each of the major political parties shall appoint one co-executive
director.  Each  co-executive director shall serve a term of four years.
THE ENFORCEMENT COUNSEL AND THE SPECIAL COUNSEL SHALL EACH SERVE A  TERM
OF  FOUR  YEARS  AND  MAY ONLY BE REMOVED FOR CAUSE.  ANY TIME AFTER THE
EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND  TEN  AMENDING
THIS  SUBDIVISION, THE COMMISSIONERS, OR IN THE CASE OF A VACANCY ON THE
BOARD, THE COMMISSIONER, OF EACH OF THE SAME MAJOR  POLITICAL  PARTY  AS
THE  INCUMBENT  ENFORCEMENT COUNSEL, DEPUTY ENFORCEMENT COUNSEL, SPECIAL
COUNSEL, DEPUTY SPECIAL COUNSEL, DIRECTOR OF ELECTION OPERATIONS, DEPUTY
DIRECTOR OF ELECTION OPERATIONS,  DIRECTOR  OF  PUBLIC  INFORMATION  AND
DEPUTY  DIRECTOR  OF  PUBLIC  INFORMATION,  SHALL APPOINT SUCH COUNSELS,
DIRECTORS AND DEPUTIES. Any vacancy in the office of co-executive direc-
tor, ENFORCEMENT COUNSEL, DEPUTY ENFORCEMENT COUNSEL,  SPECIAL  COUNSEL,
DEPUTY SPECIAL COUNSEL, DIRECTOR OF ELECTION OPERATIONS, DEPUTY DIRECTOR
OF ELECTION OPERATIONS, DIRECTOR OF PUBLIC INFORMATION AND DEPUTY DIREC-
TOR  OF  PUBLIC INFORMATION, shall be filled by the commissioners or, in
the case of a vacancy on the board, the commissioner of the  same  major
political  party  as  the vacating incumbent for the remaining period of
the term of such vacating incumbent, FOR THE  REMAINING  PERIOD  OF  THE
TERM OF SUCH VACATING INCUMBENT.
  S  2.  Subdivision 3, paragraph (c) of subdivision 9-A and subdivision
17 of section 3-102 of the  election  law,  subdivisions  3  and  17  as
amended  by  chapter 9 of the laws of 1978, paragraph (c) of subdivision
9-A as added by chapter 430 of the laws of 1997 and  subdivision  17  as
renumbered  by  chapter  23  of the laws of 2005, are amended to read as
follows:
  3. conduct any investigation necessary to carry out the provisions  of
this  chapter,  PROVIDED,  HOWEVER,  THAT  THE  STATE BOARD OF ELECTIONS
ENFORCEMENT COUNSEL, ESTABLISHED PURSUANT TO SECTION 3-104 OF THIS ARTI-
CLE, SHALL CONDUCT ANY INVESTIGATION NECESSARY TO ENFORCE THE PROVISIONS
OF ARTICLE FOURTEEN OF THIS CHAPTER ON BEHALF OF THE BOARD OF ELECTIONS;
  (c) establish [a] AN EDUCATIONAL AND training program on ALL REPORTING
REQUIREMENTS INCLUDING BUT NOT LIMITED TO the electronic reporting proc-
ess and make it EASILY AND READILY available to any  such  candidate  or
committee AND NOTIFY ANY SUCH CANDIDATE OR COMMITTEE OF THE AVAILABILITY
OF THE MOST RECENT CAMPAIGN FINANCE HANDBOOK;
  17.    HEAR  AND  CONSIDER  THE  RECOMMENDATIONS OF THE STATE BOARD OF
ELECTIONS ENFORCEMENT COUNSEL REGARDING THE ENFORCEMENT OF VIOLATIONS OF
ARTICLE FOURTEEN OF THIS CHAPTER;
  18. perform such other acts as may  be  necessary  to  carry  out  the
purposes of this chapter.
  S  3. Section 3-104 of the election law, subdivisions 1, 3, 4 and 5 as
redesignated and subdivision 2 as amended by chapter 9 of  the  laws  of
1978, is amended to read as follows:
  S  3-104.  State  board  of elections AND THE STATE BOARD OF ELECTIONS
ENFORCEMENT COUNSEL; enforcement powers.  1. (A) THERE SHALL BE  A  UNIT
KNOWN AS THE STATE BOARD OF ELECTIONS ENFORCEMENT UNIT ESTABLISHED WITH-

S. 8282                             3

IN  THE  STATE  BOARD  OF  ELECTIONS. THE HEAD OF SUCH UNIT SHALL BE THE
ENFORCEMENT COUNSEL.
  (B)  The  state  board of elections shall have jurisdiction of, and be
responsible for, the execution and  enforcement  of  the  provisions  of
[article   fourteen  of  this  chapter  and  other]  statutes  governing
campaigns, elections and related procedures; PROVIDED HOWEVER  THAT  THE
ENFORCEMENT  COUNSEL SHALL HAVE SOLE AUTHORITY WITHIN THE STATE BOARD OF
ELECTIONS TO INVESTIGATE ON HIS OR HER OWN INITIATIVE OR UPON COMPLAINT,
ALLEGED  VIOLATIONS  OF  ARTICLE  FOURTEEN  OF  THIS  CHAPTER  AND   ALL
COMPLAINTS  ALLEGING  ARTICLE  FOURTEEN VIOLATIONS SHALL BE FORWARDED TO
THE ENFORCEMENT UNIT. NOTHING IN THIS  SECTION  SHALL  BE  CONSTRUED  TO
DIMINISH OR ALTER THE STATE BOARD OF ELECTIONS' JURISDICTION PURSUANT TO
THIS CHAPTER.
  2.  Whenever  [the state board of elections or other] A LOCAL board of
elections shall determine, on its own initiative or upon  complaint,  or
otherwise,  that  there  is substantial reason to believe a violation of
this chapter or  any  code  or  regulation  promulgated  thereunder  has
[occurred]  BEEN  COMMITTED  BY  A CANDIDATE OR POLITICAL COMMITTEE THAT
FILES STATEMENTS OR IS REQUIRED TO DO SO PURSUANT TO ARTICLE FOURTEEN OF
THIS CHAPTER SOLELY WITH SUCH LOCAL BOARD, it shall  expeditiously  make
an  investigation  which shall also include investigation of reports and
statements made or failed to be made by the complainant  and  any  poli-
tical  committee supporting his candidacy if the complainant is a candi-
date or, if the complaint was made by an officer or member  of  a  poli-
tical  committee, of reports and statements made or failed to be made by
such political committee and any candidates supported by it. [The  state
board  of elections, in lieu of making such an investigation, may direct
the appropriate board of elections to make an investigation.] The  state
board of elections may request, and shall receive, the assistance of the
state police in any investigation it shall conduct.
  3.  [If, after an investigation, the state or other board of elections
finds reasonable cause to believe that a violation  warranting  criminal
prosecution  has taken place, it shall forthwith refer the matter to the
district attorney of the appropriate county and shall make available  to
such  district  attorney  all  relevant papers, documents, testimony and
findings relevant to its investigation.
  4. The state or other  board  of  elections  may,  where  appropriate,
commence  a judicial proceeding with respect to the filing or failure to
file any statement of receipts, expenditures,  or  contributions,  under
the  provisions  of  this  chapter, and the state board of elections may
direct the  appropriate  other  board  of  elections  to  commence  such
proceeding.
  5.]   IF THE ENFORCEMENT COUNSEL DETERMINES THAT A VIOLATION OF SUBDI-
VISION ONE OF SECTION 14-126 OF THIS CHAPTER HAS  OCCURRED  WHICH  COULD
WARRANT  A CIVIL PENALTY, THE ENFORCEMENT COUNSEL SHALL, UPON HIS OR HER
DISCRETION, SEEK TO RESOLVE THE MATTER EXTRA-JUDICIALLY  OR  COMMENCE  A
SPECIAL  PROCEEDING  IN  THE SUPREME COURT PURSUANT TO SECTION 16-114 OF
THIS CHAPTER.
  4. UPON RECEIPT OF A COMPLAINT AND SUPPORTING INFORMATION OR AN INTER-
NAL REFERRAL FROM THE ENFORCEMENT UNIT ALLEGING ANY OTHER  VIOLATION  OF
ARTICLE  FOURTEEN OF THIS CHAPTER, THE ENFORCEMENT COUNSEL SHALL ANALYZE
THE FACTS AND THE LAW RELEVANT TO SUCH COMPLAINT OR REFERRAL  TO  DETER-
MINE  IF  AN INVESTIGATION SHOULD BE UNDERTAKEN. THE ENFORCEMENT COUNSEL
SHALL, IF NECESSARY, REQUEST ADDITIONAL INFORMATION FROM THE COMPLAINANT
TO ASSIST SUCH COUNSEL IN MAKING THIS DETERMINATION. SUCH ANALYSIS SHALL
INCLUDE THE FOLLOWING: FIRST, WHETHER THE ALLEGATIONS,  IF  TRUE,  WOULD

S. 8282                             4

CONSTITUTE  A VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER AND, SECOND,
WHETHER THE ALLEGATIONS ARE SUPPORTED BY CREDIBLE EVIDENCE.
  5.   IF  THE  ENFORCEMENT  COUNSEL  DETERMINES  THAT  THE  ALLEGATIONS
CONTAINED IN A COMPLAINT, IF TRUE, WOULD NOT CONSTITUTE A  VIOLATION  OF
ARTICLE  FOURTEEN  OF  THIS  CHAPTER  OR  THAT  THE  ALLEGATIONS ARE NOT
SUPPORTED BY CREDIBLE EVIDENCE, HE OR SHE SHALL: (A) NOTIFY  THE  DEPUTY
ENFORCEMENT  COUNSEL  OF  SUCH DETERMINATION AND (B) PUBLICLY NOTIFY THE
STATE BOARD OF ELECTIONS OF SUCH DETERMINATION. IF THE  STATE  BOARD  OF
ELECTIONS PUBLICLY DETERMINES, AS PROVIDED IN THIS TITLE, THAT THE ALLE-
GATIONS,  IF  TRUE,  WOULD CONSTITUTE A VIOLATION OF ARTICLE FOURTEEN OF
THIS CHAPTER AND THAT THE ALLEGATIONS APPEAR TO BE SUPPORTED BY CREDIBLE
EVIDENCE, IT SHALL DIRECT THAT THE ENFORCEMENT COUNSEL CONDUCT AN INVES-
TIGATION. LACKING SUCH A DETERMINATION, THE  ENFORCEMENT  COUNSEL  SHALL
ISSUE A LETTER TO THE COMPLAINANT DISMISSING THE COMPLAINT.
  6.  IF  THE  ENFORCEMENT  COUNSEL  DETERMINES THAT THE ALLEGATIONS, IF
TRUE, WOULD CONSTITUTE A VIOLATION OF ARTICLE FOURTEEN OF  THIS  CHAPTER
AND THAT THE ALLEGATIONS APPEAR TO BE SUPPORTED BY CREDIBLE EVIDENCE, HE
OR  SHE  SHALL:  (A) NOTIFY THE DEPUTY ENFORCEMENT COUNSEL OF (I) HIS OR
HER INTENT TO RESOLVE THE MATTER EXTRA-JUDICIALLY DUE TO THE DE  MINIMUS
NATURE OF THE VIOLATION; OR (II) HIS OR HER INTENT TO COMMENCE AN INVES-
TIGATION,  AND  (B) PUBLICLY NOTIFY THE STATE BOARD OF ELECTIONS OF SUCH
INTENT NO LATER THAN  THE  BOARD'S  NEXT  REGULARLY  SCHEDULED  MEETING.
NOTIFICATION  SHALL  SUMMARIZE THE RELEVANT FACTS AND THE APPLICABLE LAW
AND SHALL, TO THE EXTENT POSSIBLE, PROTECT FROM  PUBLIC  DISCLOSURE  THE
IDENTITY OF THE COMPLAINANT AND THE INDIVIDUAL SUBJECT TO THE COMPLAINT.
THE  DEPUTY ENFORCEMENT COUNSEL SHALL HAVE THE OPPORTUNITY TO REVIEW THE
ENTIRE FILE OF ANY PRELIMINARY INVESTIGATION CONDUCTED BY  THE  ENFORCE-
MENT  COUNSEL  A  MINIMUM  OF TEN DAYS PRIOR TO SAID REGULARLY SCHEDULED
MEETING OF THE BOARD AND TO SUBMIT A PUBLIC, WRITTEN CONCURRENCE WITH OR
DISSENT FROM THE ENFORCEMENT COUNSEL'S PROPOSAL.
  7. IF, UPON CONSIDERING THE ENFORCEMENT COUNSEL'S NOTICE OF INTENT  TO
COMMENCE AN INVESTIGATION AND THE DEPUTY ENFORCEMENT COUNSEL'S RECOMMEN-
DATION,  THE  STATE BOARD OF ELECTIONS BELIEVES THAT THE ALLEGATIONS, IF
TRUE, WOULD NOT CONSTITUTE A VIOLATION OF ARTICLE FOURTEEN OF THIS CHAP-
TER, OR THE ALLEGATIONS ARE NOT SUPPORTED BY CREDIBLE EVIDENCE OR,  THAT
ON  BALANCE,  THE EQUITIES FAVOR A DISMISSAL OF THE COMPLAINT, THE BOARD
SHALL PUBLICLY DIRECT THAT AN INVESTIGATION NOT BE UNDERTAKEN  NO  LATER
THAN  SIXTY  DAYS AFTER THE RECEIPT OF NOTIFICATION FROM THE ENFORCEMENT
COUNSEL OF HIS OR HER INTENT TO COMMENCE AN INVESTIGATION. IN  DETERMIN-
ING  WHETHER  THE EQUITIES FAVOR A DISMISSAL OF THE COMPLAINT, THE STATE
BOARD OF ELECTIONS SHALL CONSIDER THE FOLLOWING FACTORS: (A) WHETHER THE
COMPLAINT ALLEGES A DE MINIMUS VIOLATION OF  ARTICLE  FOURTEEN  OF  THIS
CHAPTER;  (B) WHETHER THE SUBJECT OF THE COMPLAINT HAS MADE A GOOD FAITH
EFFORT TO CORRECT THE VIOLATION; AND (C)  WHETHER  THE  SUBJECT  OF  THE
COMPLAINT  HAS  A  HISTORY OF SIMILAR VIOLATIONS.  DETERMINATIONS OF THE
STATE BOARD OF ELECTIONS TO DISMISS A COMPLAINT AND NOT PROCEED  WITH  A
FORMAL INVESTIGATION SHALL BE VOTED UPON AS PROVIDED IN SUBDIVISION FOUR
OF  SECTION  3-100  OF THIS TITLE AT AN OPEN MEETING PURSUANT TO ARTICLE
SEVEN OF THE PUBLIC OFFICERS LAW, AND SHALL BE MADE ON A FAIR AND  EQUI-
TABLE  BASIS  AND  WITHOUT  REGARD  TO  THE STATUS OF THE SUBJECT OF THE
COMPLAINT.
  8. ABSENT A TIMELY DETERMINATION BY THE STATE BOARD OF ELECTIONS  THAT
AN  INVESTIGATION SHALL NOT BE UNDERTAKEN, THE ENFORCEMENT COUNSEL SHALL
COMMENCE AN INVESTIGATION ON A TIMELY BASIS. IF THE ENFORCEMENT  COUNSEL
DETERMINES  THAT  ADDITIONAL  INVESTIGATIVE  POWERS,  AS PROVIDED FOR IN
SUBDIVISIONS FOUR, FIVE AND SIX OF SECTION  3-102  OF  THIS  TITLE,  ARE

S. 8282                             5

NEEDED  TO COMPLETE THE COUNSEL'S INVESTIGATION, HE OR SHE SHALL REQUEST
SUCH ADDITIONAL POWERS FROM THE STATE BOARD OF  ELECTIONS.  SUCH  POWERS
SHALL  BE  GRANTED BY THE BOARD IN PUBLIC ONLY WHEN THE BOARD FINDS THAT
FURTHER INVESTIGATION IS WARRANTED AND JUSTIFIED.
  9.  AT  THE  CONCLUSION  OF ITS INVESTIGATION, THE ENFORCEMENT COUNSEL
SHALL PROVIDE THE DEPUTY ENFORCEMENT COUNSEL  AND  THE  STATE  BOARD  OF
ELECTIONS  WITH  A WRITTEN RECOMMENDATION AS TO: (A) WHETHER SUBSTANTIAL
REASON EXISTS TO BELIEVE A VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER
HAS OCCURRED AND, IF SO, THE NATURE OF THE VIOLATION AND ANY  APPLICABLE
PENALTY,  AS  DEFINED  IN  SECTION  14-126 OF THIS CHAPTER, BASED ON THE
NATURE OF THE VIOLATION; (B)  WHETHER  THE  MATTER  SHOULD  BE  RESOLVED
EXTRA-JUDICIALLY;  (C)  WHETHER A SPECIAL PROCEEDING SHOULD BE COMMENCED
IN THE SUPREME COURT TO RECOVER A  CIVIL  PENALTY;  AND  (D)  WHETHER  A
REFERRAL  SHOULD  BE MADE TO A DISTRICT ATTORNEY PURSUANT TO SUBDIVISION
ELEVEN OF THIS SECTION BECAUSE REASONABLE  CAUSE  EXISTS  TO  BELIEVE  A
VIOLATION  WARRANTING  CRIMINAL  PROSECUTION HAS TAKEN PLACE. THE DEPUTY
ENFORCEMENT COUNSEL SHALL HAVE THE OPPORTUNITY TO REVIEW THE ENTIRE FILE
OF ANY INVESTIGATION CONDUCTED BY THE ENFORCEMENT COUNSEL A  MINIMUM  OF
TEN  DAYS  PRIOR TO SAID REGULARLY SCHEDULED MEETING OF THE BOARD AND TO
SUBMIT A PUBLIC, WRITTEN CONCURRENCE WITH OR DISSENT FROM  THE  ENFORCE-
MENT COUNSEL'S RECOMMENDATION.
  10.  THE  STATE  BOARD OF ELECTIONS SHALL ACCEPT, MODIFY OR REJECT THE
ENFORCEMENT COUNSEL'S RECOMMENDATION NO  LATER  THAN  SIXTY  DAYS  AFTER
RECEIPT  OF  SUCH RECOMMENDATION. IN MAKING ITS DETERMINATION, THE BOARD
SHALL AGAIN CONSIDER: (A) WHETHER THE COMPLAINT  ALLEGES  A  DE  MINIMUS
VIOLATION  OF  ARTICLE FOURTEEN OF THIS CHAPTER; (B) WHETHER THE SUBJECT
OF THE COMPLAINT HAS MADE A GOOD FAITH EFFORT TO CORRECT THE  VIOLATION;
AND  (C)  WHETHER  THE SUBJECT OF THE COMPLAINT HAS A HISTORY OF SIMILAR
VIOLATIONS. ALL SUCH DETERMINATIONS SHALL BE VOTED UPON AS  PROVIDED  IN
SUBDIVISION  FOUR  OF  SECTION  3-100  OF  THIS TITLE AT AN OPEN MEETING
PURSUANT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW, AND SHALL BE  MADE
ON  A  FAIR  AND  EQUITABLE  BASIS,  WITHOUT REGARD TO THE STATUS OF THE
SUBJECT OF THE COMPLAINT.
  11. (A) IF THE STATE BOARD OF ELECTIONS  DETERMINES,  AS  PROVIDED  IN
SUBDIVISION  TEN  OF  THIS  SECTION,  THAT  SUBSTANTIAL REASON EXISTS TO
BELIEVE THAT A PERSON, ACTING AS OR ON BEHALF OF A  CANDIDATE  OR  POLI-
TICAL  COMMITTEE  UNDER CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE SUCH
LAW, HAS UNLAWFULLY ACCEPTED A CONTRIBUTION IN EXCESS OF A  CONTRIBUTION
LIMITATION  ESTABLISHED IN ARTICLE FOURTEEN OF THIS CHAPTER, WHICH COULD
WARRANT A CIVIL PENALTY AS PROVIDED FOR IN SUBDIVISION FOUR  OF  SECTION
14-126  OF  THIS  CHAPTER,  THE BOARD SHALL DIRECT THE COMMENCEMENT OF A
SPECIAL PROCEEDING IN THE SUPREME COURT.
  (B) IF THE STATE BOARD OF ELECTIONS DETERMINES, AS PROVIDED IN  SUBDI-
VISION  TEN  OF  THIS  SECTION THAT REASONABLE CAUSE EXISTS TO BELIEVE A
VIOLATION WARRANTING CRIMINAL PROSECUTION HAS  TAKEN  PLACE,  THE  BOARD
SHALL  REFER  THE MATTER TO A DISTRICT ATTORNEY AND SHALL MAKE AVAILABLE
TO SUCH DISTRICT ATTORNEY ALL PAPERS, DOCUMENTS, TESTIMONY AND  FINDINGS
RELEVANT TO ITS INVESTIGATION.
  12.  UPON NOTIFICATION THAT A SPECIAL PROCEEDING HAS BEEN COMMENCED BY
A PARTY OTHER THAN THE STATE BOARD OF  ELECTIONS,  PURSUANT  TO  SECTION
16-114  OF  THIS  CHAPTER, THE STATE BOARD OF ELECTIONS SHALL DIRECT THE
ENFORCEMENT COUNSEL TO INVESTIGATE THE ALLEGED VIOLATIONS UNLESS  OTHER-
WISE DIRECTED BY THE COURT.
  13.  THE ENFORCEMENT COUNSEL SHALL PREPARE A REPORT, TO BE INCLUDED IN
THE ANNUAL REPORT TO  THE  GOVERNOR  AND  LEGISLATURE,  SUMMARIZING  THE
ACTIVITIES  OF  THE  UNIT  DURING  THE  PREVIOUS YEAR. SUCH REPORT SHALL

S. 8282                             6

INCLUDE: (A) THE NUMBER  OF  COMPLAINTS  RECEIVED;  (B)  THE  NUMBER  OF
COMPLAINTS  THAT WERE FOUND TO NEED INVESTIGATION AND THE NATURE OF EACH
COMPLAINT; AND (C) THE NUMBER OF MATTERS THAT HAVE BEEN RESOLVED.    THE
REPORT  SHALL  NOT  CONTAIN  ANY INFORMATION FOR WHICH DISCLOSURE IS NOT
PERMITTED.
  14. The state board of elections may promulgate rules and  regulations
consistent with law to effectuate the provisions of this section.
  S  4.  The state of New York shall appropriate during each fiscal year
to the New York state board of elections enforcement unit, not less than
thirty-five percent of the appropriation available from the general fund
for the state board of  elections  to  pay  for  the  expenses  of  such
enforcement unit.
  S 5. Section 14-100 of the election law is amended by adding three new
subdivisions 12, 13 and 14 to read as follows:
  12. "CLEARLY IDENTIFIED CANDIDATE" MEANS THAT:
  (A) THE NAME OF THE CANDIDATE INVOLVED APPEARS;
  (B) A PHOTOGRAPH OR DRAWING OF THE CANDIDATE APPEARS; OR
  (C)  THE  IDENTITY  OF THE CANDIDATE IS APPARENT BY UNAMBIGUOUS REFER-
ENCE.
  13. "GENERAL PUBLIC AUDIENCE" MEANS AN AUDIENCE COMPOSED OF MEMBERS OF
THE PUBLIC, INCLUDING A TARGETED SUBGROUP  OF  MEMBERS  OF  THE  PUBLIC;
PROVIDED,  HOWEVER,  IT  DOES  NOT  MEAN AN AUDIENCE SOLELY COMPRISED OF
MEMBERS, RETIREES AND STAFF OF A LABOR ORGANIZATION OR  THEIR  IMMEDIATE
FAMILY  MEMBERS OR AN AUDIENCE SOLELY COMPRISED OF EMPLOYEES OF A CORPO-
RATION, UNINCORPORATED BUSINESS ENTITY OR MEMBERS OF A  BUSINESS,  TRADE
OR PROFESSIONAL ASSOCIATION OR ORGANIZATION.
  14.  "LABOR  ORGANIZATION"  MEANS  ANY  ORGANIZATION OF ANY KIND WHICH
EXISTS FOR THE PURPOSE, IN WHOLE OR IN PART, OF  REPRESENTING  EMPLOYEES
EMPLOYED  WITHIN  THE  STATE  OF  NEW  YORK IN DEALING WITH EMPLOYERS OR
EMPLOYER ORGANIZATIONS OR WITH A STATE GOVERNMENT, OR ANY  POLITICAL  OR
CIVIL  SUBDIVISION  OR OTHER AGENCY THEREOF, CONCERNING TERMS AND CONDI-
TIONS OF EMPLOYMENT, GRIEVANCES, LABOR DISPUTES, OR OTHER MATTERS  INCI-
DENTAL  TO  THE EMPLOYMENT RELATIONSHIP.  FOR THE PURPOSES OF THIS ARTI-
CLE, EACH LOCAL, PARENT NATIONAL OR PARENT INTERNATIONAL ORGANIZATION OF
A STATEWIDE LABOR ORGANIZATION, AND EACH STATEWIDE FEDERATION  RECEIVING
DUES FROM SUBSIDIARY LABOR ORGANIZATIONS, SHALL BE CONSIDERED A SEPARATE
LABOR ORGANIZATION.
  S  6.  Section  14-106 of the election law, as amended by chapter 8 of
the laws of 1978, is amended to read as follows:
  S 14-106. Political [advertisements and literature] COMMUNICATION.  1.
The statements required to be filed under the provisions of this article
next succeeding a primary, general or special election shall be accompa-
nied by a [facsimile or] copy of all BROADCAST, CABLE OR SATELLITE SCHE-
DULES  AND  SCRIPTS,  advertisements,  pamphlets,   circulars,   flyers,
brochures,  letterheads  and  other printed matter purchased or produced
[and a schedule of all radio or television time, and scripts used there-
in], AND REPRODUCTIONS OF STATEMENTS OR  INFORMATION  CONVEYED  TO  FIVE
HUNDRED  OR  MORE  MEMBERS  OF  A GENERAL PUBLIC AUDIENCE BY COMPUTER OR
OTHER ELECTRONIC DEVICE, purchased in connection with such  election  by
or under the authority of the person filing the statement or the commit-
tee  or the person on whose behalf it is filed, as the case may be. Such
[facsimiles,] copies, schedules and scripts shall be  preserved  by  the
officer with whom or the board with which it is required to be filed for
a period of one year from the date of filing thereof.
  2. NO PERSON, POLITICAL PARTY OR COMMITTEE SHALL, DURING THE COURSE OF
ANY  CAMPAIGN FOR NOMINATION OR ELECTION TO PUBLIC OFFICE OR PARTY POSI-

S. 8282                             7

TION, PREPARE OR DISTRIBUTE ANY  POLITICAL  COMMUNICATION  THAT  FALSELY
IDENTIFIES THE SOURCE OF SUCH COMMUNICATION.
  S  7.  The  election  law is amended by adding a new section 14-107 to
read as follows:
  S 14-107. INDEPENDENT EXPENDITURE REPORTING. 1. FOR PURPOSES  OF  THIS
ARTICLE:
  (A)  "INDEPENDENT  EXPENDITURE"  MEANS AN EXPENDITURE MADE BY A PERSON
FOR AN AUDIO OR VIDEO COMMUNICATION TO A  GENERAL  PUBLIC  AUDIENCE  VIA
BROADCAST,  CABLE  OR  SATELLITE OR A WRITTEN COMMUNICATION TO A GENERAL
PUBLIC  AUDIENCE  VIA  ADVERTISEMENTS,  PAMPHLETS,  CIRCULARS,   FLYERS,
BROCHURES,  LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
MATION CONVEYED TO FIVE HUNDRED OR MORE  MEMBERS  OF  A  GENERAL  PUBLIC
AUDIENCE  BY  COMPUTER  OR OTHER ELECTRONIC DEVICES WHICH: (I) EXPRESSLY
ADVOCATES THE ELECTION OR DEFEAT OF A CLEARLY  IDENTIFIED  CANDIDATE  OR
THE  SUCCESS  OR  DEFEAT  OF A BALLOT PROPOSAL AND (II) A CANDIDATE, THE
CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL  COMMITTEE
FORMED  TO  PROMOTE  THE  SUCCESS  OR DEFEAT OF A BALLOT PROPOSAL OR ITS
AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN  ANY
SUCH COMMUNICATION.
  (B) INDEPENDENT EXPENDITURES DO NOT INCLUDE:
  (I)  A  WRITTEN  NEWS STORY, COMMENTARY, OR EDITORIAL OR A NEWS STORY,
COMMENTARY, OR EDITORIAL  DISTRIBUTED  THROUGH  THE  FACILITIES  OF  ANY
BROADCASTING  STATION,  CABLE  OR  SATELLITE  UNLESS SUCH PUBLICATION OR
FACILITIES ARE OWNED OR CONTROLLED BY  ANY  POLITICAL  PARTY,  POLITICAL
COMMITTEE OR CANDIDATE; OR
  (II) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR
  (III)  A  COMMUNICATION  WHICH  CONSTITUTES  AN EXPENDITURE MADE BY AN
ENTITY REQUIRED TO REPORT SUCH EXPENDITURE WITH  A  BOARD  OF  ELECTIONS
PURSUANT TO SECTIONS 14-102 AND 14-104 OF THIS ARTICLE.
  (C) FOR PURPOSES OF THIS SECTION, THE TERM "PERSON" SHALL MEAN PERSON,
GROUP  OF  PERSONS,  CORPORATION,  UNINCORPORATED BUSINESS ENTITY, LABOR
ORGANIZATION OR BUSINESS, TRADE OR PROFESSIONAL ASSOCIATION OR ORGANIZA-
TION.
  2. WHENEVER ANY PERSON MAKES AN  INDEPENDENT  EXPENDITURE  THAT  COSTS
MORE  THAN  ONE  THOUSAND  DOLLARS  IN THE AGGREGATE, SUCH COMMUNICATION
SHALL CLEARLY STATE THE NAME OF THE PERSON WHO PAID  FOR,  OR  OTHERWISE
PUBLISHED  OR  DISTRIBUTED, THE COMMUNICATION AND STATE, WITH RESPECT TO
COMMUNICATIONS REGARDING  CANDIDATES,  THAT  THE  COMMUNICATION  IS  NOT
AUTHORIZED  BY ANY CANDIDATE, ANY CANDIDATE'S POLITICAL COMMITTEE OR ANY
OF ITS AGENTS.
  3. (A) ANY PERSON WHICH MAKES INDEPENDENT EXPENDITURES THAT COST  MORE
THAN ONE THOUSAND DOLLARS IN THE AGGREGATE SHALL REPORT SUCH INDEPENDENT
EXPENDITURES  TO  THE STATE BOARD OF ELECTIONS ON STATEMENTS AS PROVIDED
FOR IN SECTION 14-108 OF THIS ARTICLE.
  (B) ANY INDEPENDENT EXPENDITURE THAT  COSTS  MORE  THAN  ONE  THOUSAND
DOLLARS  AND  IS MADE AFTER THE CLOSE OF THE PERIOD TO BE COVERED IN THE
LAST STATEMENT FILED BEFORE ANY PRIMARY, GENERAL  OR  SPECIAL  ELECTION,
BUT  BEFORE SUCH ELECTION, SHALL BE REPORTED WITHIN TWENTY-FOUR HOURS IN
THE SAME MANNER AS PROVIDED FOR IN SUBDIVISION TWO OF SECTION 14-108  OF
THIS ARTICLE.
  4. EACH SUCH STATEMENT SHALL INCLUDE:
  (A) THE NAME AND ADDRESS OF THE PERSON MAKING THE STATEMENT;
  (B) THE NAME AND ADDRESS OF THE PERSON MAKING THE INDEPENDENT EXPENDI-
TURE;
  (C)  THE  NAME  AND  ADDRESS OF ANY PERSON OR ENTITY PROVIDING A GIFT,
LOAN, ADVANCE OR DEPOSIT OF ONE HUNDRED DOLLARS OR MORE  FOR  THE  INDE-

S. 8282                             8

PENDENT  EXPENDITURE, OR THE PROVISION OF SERVICES FOR THE SAME, AND THE
DATE IT WAS GIVEN; PROVIDED, HOWEVER, THE NAME AND ADDRESS OF  A  MEMBER
OF  A  LABOR  ORGANIZATION  IS NOT REQUIRED FOR A GIFT, LOAN, ADVANCE OR
DEPOSIT  OF  ONE  HUNDRED  DOLLARS  OR MORE TO A LABOR ORGANIZATION; AND
PROVIDED FURTHER THAT THE NAME AND ADDRESS OF AN EMPLOYEE  OF  A  CORPO-
RATION,  UNINCORPORATED BUSINESS ENTITY OR A MEMBER OF A BUSINESS, TRADE
OR PROFESSIONAL ASSOCIATION OR ORGANIZATION IS NOT REQUIRED FOR A  GIFT,
LOAN,  ADVANCE  OR DEPOSIT OF ONE HUNDRED DOLLARS OR MORE TO SUCH CORPO-
RATION, UNINCORPORATED BUSINESS ENTITY OR  BUSINESS,  TRADE  OR  PROFES-
SIONAL ASSOCIATION OR ORGANIZATION RESPECTIVELY;
  (D)  THE DOLLAR AMOUNT PAID FOR EACH INDEPENDENT EXPENDITURE, THE NAME
AND ADDRESS OF THE PERSON OR ENTITY RECEIVING THE PAYMENT, THE DATE  THE
PAYMENT WAS MADE AND A DESCRIPTION OF THE INDEPENDENT EXPENDITURE; AND
  (E) THE ELECTION TO WHICH THE INDEPENDENT EXPENDITURE PERTAINS AND THE
NAME  OF  THE CLEARLY IDENTIFIED CANDIDATE OR THE BALLOT PROPOSAL REFER-
ENCED.
  5. A COPY OF ALL MATERIALS THAT PERTAIN TO  THE  INDEPENDENT  EXPENDI-
TURE,  INCLUDING BUT NOT LIMITED TO BROADCAST, CABLE OR SATELLITE SCHED-
ULE  AND  SCRIPTS,   ADVERTISEMENTS,   PAMPHLETS,   CIRCULARS,   FLYERS,
BROCHURES, LETTERHEADS AND OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
MATION  CONVEYED  TO  FIVE  HUNDRED  OR MORE MEMBERS OF A GENERAL PUBLIC
AUDIENCE BY COMPUTER OR OTHER ELECTRONIC DEVICES SHALL BE FILED WITH THE
STATE BOARD OF ELECTIONS WITH THE STATEMENTS REQUIRED BY SECTION  14-108
OF THIS ARTICLE.
  6. WRITTEN EVIDENCE OF THE INDEBTEDNESS RELATED TO A LOAN THAT IS MADE
FOR  AN  INDEPENDENT EXPENDITURE SHALL BE PROVIDED TO THE STATE BOARD OF
ELECTIONS.
  7. EVERY STATEMENT REQUIRED TO BE FILED PURSUANT TO THIS SECTION SHALL
BE FILED ELECTRONICALLY TO THE STATE BOARD OF ELECTIONS.
  8. THE STATE BOARD OF  ELECTIONS  SHALL  PROMULGATE  REGULATIONS  WITH
RESPECT TO THE STATEMENTS REQUIRED TO BE FILED BY THIS SECTION AND SHALL
PROVIDE FORMS SUITABLE FOR SUCH STATEMENTS.
  S  8.  Section  14-126 of the election law, as amended by chapter 8 of
the laws of 1978, subdivision 1 as amended by chapter 128 of the laws of
1994 and subdivisions 2, 3 and 4 as redesignated by  chapter  9  of  the
laws of 1978, is amended to read as follows:
  S  14-126.  Violations;  penalties.  1. Any person who fails to file a
statement required to be filed by this article shall  be  subject  to  a
civil  penalty, not in excess of [five hundred] ONE THOUSAND dollars, to
be recoverable in a special proceeding or civil action to be brought  by
the  state  board of elections [or other board of elections] ENFORCEMENT
COUNSEL PURSUANT TO SECTION 16-114 OF  THIS  CHAPTER.  ANY  PERSON  WHO,
THREE  OR  MORE  TIMES  WITHIN  A  GIVEN ELECTION CYCLE FOR SUCH TERM OF
OFFICE, FAILS TO FILE A STATEMENT OR STATEMENTS REQUIRED TO BE FILED  BY
THIS  ARTICLE, SHALL BE SUBJECT TO A CIVIL PENALTY, NOT IN EXCESS OF TEN
THOUSAND DOLLARS, TO BE RECOVERABLE AS PROVIDED FOR IN THIS SUBDIVISION.
  2. ANY PERSON, POLITICAL PARTY OR COMMITTEE WHO FALSELY IDENTIFIES ANY
POLITICAL COMMUNICATION AS PROHIBITED  BY  SUBDIVISION  TWO  OF  SECTION
14-106  OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY EQUAL TO ONE
THOUSAND DOLLARS OR THE COST OF THE COMMUNICATION, WHICHEVER IS GREATER,
IN A SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE  STATE  BOARD  OF
ELECTIONS PURSUANT TO SECTION 16-120 OF THIS CHAPTER.
  3.  ANY  PERSON  WHO FALSELY IDENTIFIES OR FAILS TO IDENTIFY ANY INDE-
PENDENT EXPENDITURE AS REQUIRED BY SUBDIVISION TWO OF SECTION 14-107  OF
THIS  ARTICLE  SHALL BE SUBJECT TO A CIVIL PENALTY EQUAL TO ONE THOUSAND
DOLLARS OR THE COST OF THE COMMUNICATION, WHICHEVER  IS  GREATER,  IN  A

S. 8282                             9

SPECIAL  PROCEEDING  OR  CIVIL  ACTION  BROUGHT  BY  THE  STATE BOARD OF
ELECTIONS PURSUANT TO SECTION 16-120 OF THIS CHAPTER.   FOR PURPOSES  OF
THIS  SUBDIVISION,  THE  TERM  "PERSON"  SHALL  MEAN  A PERSON, GROUP OF
PERSONS, CORPORATION, UNINCORPORATED BUSINESS ENTITY, LABOR ORGANIZATION
OR BUSINESS, TRADE OR PROFESSIONAL ASSOCIATION OR ORGANIZATION.
  4.  ANY PERSON WHO, ACTING AS OR ON BEHALF OF A CANDIDATE OR POLITICAL
COMMITTEE, UNDER CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE  SUCH  LAW,
UNLAWFULLY ACCEPTS A CONTRIBUTION IN EXCESS OF A CONTRIBUTION LIMITATION
ESTABLISHED  IN  THIS  ARTICLE,  SHALL BE REQUIRED TO REFUND SUCH EXCESS
AMOUNT AND SHALL BE SUBJECT TO A CIVIL PENALTY EQUAL TO  TWO  TIMES  THE
EXCESS AMOUNT PLUS A FINE OF UP TO TEN THOUSAND DOLLARS, TO BE RECOVERA-
BLE  IN  A SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT BY THE STATE
BOARD OF ELECTIONS ENFORCEMENT COUNSEL PURSUANT  TO  SECTION  16-122  OF
THIS CHAPTER.
  5.  Any  person  who knowingly and willfully fails to file a statement
required to be filed by this article within  ten  days  after  the  date
provided for filing such statement or any person who knowingly and will-
fully  violates any other provision of this article shall be guilty of a
misdemeanor.
  [3.] 6. Any person who knowingly and willfully contributes, accepts or
aids or participates in the acceptance of a contribution  in  an  amount
exceeding an applicable maximum specified in this article shall be guil-
ty of a misdemeanor.
  [4.] 7. Any person who shall, acting on behalf of a candidate or poli-
tical committee, knowingly and willfully solicit, organize or coordinate
the formation of activities of one or more unauthorized committees, make
expenditures  in connection with the nomination for election or election
of any candidate, or solicit any person to make any  such  expenditures,
for the purpose of evading the contribution limitations of this article,
shall be guilty of a class E felony.
  S  9.  The  election  law is amended by adding a new section 16-120 to
read as follows:
  S 16-120. PROCEEDINGS AS TO POLITICAL COMMUNICATIONS  AND  INDEPENDENT
EXPENDITURES.  THE  SUPREME  COURT OR A JUSTICE THEREOF, IN A PROCEEDING
INSTITUTED BY THE STATE BOARD OF ELECTIONS, MAY IMPOSE A CIVIL  PENALTY,
AS  PROVIDED  IN  SUBDIVISIONS  TWO  AND THREE OF SECTION 14-126 OF THIS
CHAPTER, UPON PROOF THAT A VIOLATION OF ONE OR MORE OF SUCH SUBDIVISIONS
HAS OCCURRED.
  S 10.  Subdivisions 1 and 3 of section 14-102 of the election law,  as
amended  by chapter 8 of the laws of 1978, subdivision 1 as redesignated
by chapter 9 of the laws of 1978 and  subdivision  3  as  renumbered  by
chapter 70 of the laws of 1983, are amended to read as follows:
  1.  The  treasurer of every political committee which, or any officer,
member or agent of any  such  committee  who,  in  connection  with  any
election,  receives  or expends any money or other [valuable thing] ITEM
OF VALUE or incurs any liability to pay money or  its  equivalent  shall
file  statements  sworn,  or  subscribed  and bearing a form notice that
false statements made therein are punishable as a  class  A  misdemeanor
pursuant  to section 210.45 of the penal law, at the times prescribed by
this article setting forth all the receipts, contributions  to  and  the
expenditures  by  and liabilities of the committee, and of its officers,
members and agents in its behalf.  Such  statements  shall  include  the
dollar  amount  of  any  receipt,  contribution or transfer, or the fair
market value of any receipt, contribution or transfer,  which  is  other
than of money, the name [and], address AND OCCUPATION of the transferor,
contributor  or  person  from  whom  received, OTHER THAN IN THE REGULAR

S. 8282                            10

COURSE OF A LENDER'S BUSINESS, AND FOR  A  NATURAL  PERSON  CONTRIBUTING
FIVE  HUNDRED  DOLLARS  OR  MORE,  THE NAME AND ADDRESS OF SUCH PERSON'S
EMPLOYER, AND THE BUSINESS ADDRESS OF EACH POLITICAL COMMITTEE OR  OTHER
ENTITY  MAKING SUCH CONTRIBUTION, OR ANY LOAN, GUARANTEE, OR OTHER SECU-
RITY FOR SUCH A LOAN and if the transferor, contributor or person  is  a
political  committee;  the name of and the political unit represented by
the committee, the date of its  receipt,  the  dollar  amount  of  every
expenditure,  the  name and address of the person to whom it was made or
the name of and the political unit represented by the committee to which
it was made and the date thereof, and shall state clearly the purpose of
such expenditure.  IF ANY ONE EXPENDITURE IS  MADE  FOR  MORE  THAN  ONE
PURPOSE,  OR  AS PAYMENT FOR GOODS OR SERVICES SUPPLIED BY MORE THAN ONE
SUPPLIER, SUCH STATEMENT SHALL SET FORTH SEPARATELY EACH SUCH PURPOSE OR
SUPPLIER AND THE AMOUNT EXPENDED FOR EACH SUCH PURPOSE OR TO  EACH  SUCH
SUPPLIER.  Any  statement  reporting  a loan shall have attached to it a
copy of the evidence of indebtedness.  Expenditures in sums under  fifty
dollars need not be specifically accounted for by separate items in said
statements,  and  receipts  and  contributions aggregating not more than
ninety-nine dollars, from any one contributor need not  be  specifically
accounted  for  by  separate items in said statements, provided however,
that such expenditures, receipts and contributions shall be  subject  to
the other provisions of section 14-118 of this article.
  3.  The  state  board  of  elections shall promulgate regulations with
respect to the accounting methods to be applied IN COMPLYING  WITH,  AND
in  preparing the statements required by, the provisions of this article
and shall provide forms suitable for such statements.  SUCH  REGULATIONS
SHALL BE DRAWN TO ASSURE SUCH COMPLIANCE AND OBTAIN THE MAXIMUM POSSIBLE
DISCLOSURE.
  S  11.   Section 14-112 of the election law, as amended by chapter 930
of the laws of 1981, is amended to read as follows:
  S  14-112.  [Political]  AUTHORIZED  COMMITTEE;  POLITICAL   committee
authorization  statement.  1.  Any  political committee aiding or taking
part in the election or nomination of  any  candidate[,  other  than  by
making contributions,] shall file, in the office in which the statements
of  such  committee  are  to be filed pursuant to this article, either a
sworn verified statement by the treasurer of such committee  that  [the]
SUCH  candidate  has  authorized  the political committee to aid or take
part in his OR HER election or that the candidate has not authorized the
committee to aid or take part in his OR HER election.
  2. NO CANDIDATE MAY AUTHORIZE MORE THAN ONE  POLITICAL  COMMITTEE  FOR
ANY  ONE  ELECTION CYCLE.   ANY CANDIDATE WHO, ON DECEMBER THIRTY-FIRST,
TWO THOUSAND ELEVEN, HAS AUTHORIZED MORE THAN  ONE  POLITICAL  COMMITTEE
FOR  ANY ONE ELECTION CYCLE SHALL, NOT LATER THAN THIRTY DAYS AFTER SAID
DATE, DISAVOW ALL BUT ONE OF SUCH COMMITTEES, IN WRITING, TO  THE  STATE
BOARD  OF  ELECTIONS.  THIS  SUBDIVISION SHALL NOT APPLY TO THE AUTHORI-
ZATION OF AN EXPLORATORY COMMITTEE BY  AN  ELECTED  PUBLIC  OFFICIAL.  A
MULTI-CANDIDATE COMMITTEE MAY NOT BE AN AUTHORIZED COMMITTEE.
  3.  CAMPAIGN  FUNDS  REMAINING  IN  ANY  DISAVOWED  COMMITTEE SHALL BE
DISPOSED OF PURSUANT TO SECTION 14-132 OF THIS ARTICLE.
  S 12. Section 14-116 of the election law, subdivision  1  as  redesig-
nated  by  chapter 9 of the laws of 1978 and subdivision 2 as amended by
chapter 260 of the laws of 1981, is amended to read as follows:
  S 14-116. Political contributions by certain  organizations.  1.    No
corporation,  LIMITED LIABILITY COMPANY or joint-stock association doing
business in this state, except [a corporation or association] AN  ENTITY
organized  or  maintained for political purposes only, shall directly or

S. 8282                            11

indirectly pay or use or offer, consent or agree to pay or use any money
or property for or in aid of any political party, committee or organiza-
tion, or for, or in aid of, any corporation, LIMITED LIABILITY  COMPANY,
joint-stock  or  other association organized or maintained for political
purposes, or for, or in aid of, any candidate for  political  office  or
for  nomination  for such office, or for any political purpose whatever,
or for the reimbursement or indemnification of any person for moneys  or
property so used. Any officer, director, stock-holder, attorney or agent
of any corporation, LIMITED LIABILITY COMPANY or joint-stock association
which  violates  any of the provisions of this section, who participates
in, aids, abets or advises or consents to any such violations,  and  any
person  who  solicits  or  knowingly  receives  any money or property in
violation of this section, shall be guilty of a misdemeanor.
  2. Notwithstanding the provisions of subdivision one of this  section,
any  corporation or an organization financially supported in whole or in
part, by such corporation, AND ANY LIMITED LIABILITY  COMPANY  may  make
expenditures,  including contributions, not otherwise prohibited by law,
for political purposes, in an amount not to exceed five thousand dollars
in the aggregate in any calendar year; provided that no  public  utility
shall  use revenues received from the rendition of public service within
the state for contributions for political purposes unless such  cost  is
charged to the shareholders of such a public service corporation.
  S  13.  The  election law is amended by adding a new section 14-132 to
read as follows:
  S 14-132. DISPOSITION OF CAMPAIGN FUNDS. 1. AN  AUTHORIZED  CONTINUING
CANDIDATE  COMMITTEE  MUST  DISPOSE  OF  ALL FUNDS AND CLOSE WITHIN FOUR
YEARS AFTER THE LATER OF (A) THE END OF  THE  INDIVIDUAL'S  MOST  RECENT
TERM  OF  OFFICE;  (B)  THE DATE OF THE ELECTION IN WHICH THE INDIVIDUAL
LAST WAS A FILED CANDIDATE OR (C) UPON CONVICTION OF A FELONY.
  2. ANY CANDIDATE OR POLITICAL COMMITTEE REQUIRED TO DISPOSE  OF  FUNDS
PURSUANT  TO  THIS SECTION SHALL, AT THE OPTION OF THE CANDIDATE, OR THE
TREASURER OF A POLITICAL COMMITTEE FORMED SOLELY TO PROMOTE THE  PASSAGE
OR  DEFEAT  OF  A  BALLOT  PROPOSAL, DISPOSE OF SUCH FUNDS BY ANY OF THE
FOLLOWING MEANS, OR ANY COMBINATION THEREOF:
  A. RETURNING, PRO RATA, TO EACH CONTRIBUTOR THE FUNDS  THAT  HAVE  NOT
BEEN SPENT OR OBLIGATED;
  B.  DONATING  THE  FUNDS TO A CHARITABLE ORGANIZATION OR ORGANIZATIONS
THAT MEET THE QUALIFICATIONS OF SECTION 501(C)(3) OF THE INTERNAL REVEN-
UE CODE;
  C. DONATING THE FUNDS TO THE STATE UNIVERSITY;
  D. DONATING THE FUNDS TO THE STATE'S GENERAL FUND;
  E. TRANSFERRING THE FUNDS TO A POLITICAL  PARTY  COMMITTEE  REGISTERED
WITH THE STATE BOARD OF ELECTIONS; OR
  F.  CONTRIBUTING  THE FUNDS TO A CANDIDATE OR POLITICAL COMMITTEE SUCH
THAT THIS DOES NOT EXCEED THE LIMITS SET FORTH IN SECTION 14-114 OF THIS
ARTICLE.
  3. NO CANDIDATE OR POLITICAL COMMITTEE SHALL DISPOSE OF CAMPAIGN FUNDS
BY MAKING EXPENDITURES FOR PERSONAL USE AS DEFINED IN SECTION 14-130  OF
THIS ARTICLE.
  4.  UPON THE DEATH OF A CANDIDATE, FORMER CANDIDATE OR HOLDER OF ELEC-
TIVE OFFICE, WHO  RECEIVED  CAMPAIGN  CONTRIBUTIONS,  ALL  CONTRIBUTIONS
SHALL  BE  DISPOSED OF ACCORDING TO THIS SECTION WITHIN TWELVE MONTHS OF
THE DEATH OF THE CANDIDATE.
  S 14. Section 16-100 of  the  election  law  is  amended  to  read  as
follows:

S. 8282                            12

  S  16-100.  Jurisdiction;  supreme court, county court. 1. The supreme
court is vested with jurisdiction to summarily determine any question of
law or fact arising as to any subject set forth in this  article,  which
shall be construed liberally.
  2. The county court is vested with jurisdiction to summarily determine
any  question  of  law  or fact except proceedings as to a nomination or
election at a primary election or a nomination at a judicial convention,
proceedings as to the casting and canvass of ballots [and],  proceedings
for  examination  or  preservation of ballots AND PROCEEDINGS TO ENFORCE
THE PROVISIONS OF ARTICLE FOURTEEN OF THIS CHAPTER.
  S 15. The election law is amended by adding a new  section  16-122  to
read as follows:
  S  16-122.  ENFORCEMENT PROCEEDINGS. 1. THE SUPREME COURT OR A JUSTICE
THEREOF, IN A PROCEEDING INSTITUTED BY  THE  STATE  BOARD  OF  ELECTIONS
ENFORCEMENT  COUNSEL,  MAY  IMPOSE  A  CIVIL PENALTY, AS PROVIDED FOR IN
SUBDIVISION TWO OR THREE OF SECTION 14-126 OF THIS CHAPTER.
  2. UPON PROOF THAT A VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER, AS
PROVIDED IN SUBDIVISION ONE OF THIS SECTION, HAS OCCURRED, THE COURT MAY
IMPOSE A CIVIL PENALTY, PURSUANT TO SUBDIVISION TWO OR THREE OF  SECTION
14-126  OF  THIS  CHAPTER,  AFTER  CONSIDERING, AMONG OTHER FACTORS, THE
SEVERITY OF THE VIOLATION OR VIOLATIONS,  WHETHER  THE  SUBJECT  OF  THE
VIOLATION  MADE A GOOD FAITH EFFORT TO CORRECT THE VIOLATION AND WHETHER
THE SUBJECT OF THE VIOLATION HAS A HISTORY OF  SIMILAR  VIOLATIONS.  ALL
SUCH  DETERMINATIONS SHALL BE MADE ON A FAIR AND EQUITABLE BASIS WITHOUT
REGARD TO THE STATUS OF THE CANDIDATE OR POLITICAL COMMITTEE.
  S 16. Sections sixteen through twenty-six of this act shall  be  known
and  may be cited as the "corporate political activity accountability to
shareholders act".
  S 17. The business corporation law is amended by adding a new  section
631 to read as follows:
S 631. POLITICAL CONTRIBUTIONS.
  (A) DEFINITIONS. WHEN USED IN THIS SECTION:
  (1)  THE TERM "CONTRIBUTION" MEANS ANY GIFT, SUBSCRIPTION, OUTSTANDING
LOAN, ADVANCE, DEPOSIT OF MONEY OR ANY THING  OF  VALUE  PROVIDED  TO  A
POLITICAL  COMMITTEE,  PARTY  COMMITTEE,  CONSTITUTED  COMMITTEE OR DULY
CONSTITUTED SUBCOMMITTEE OF A  COUNTY  COMMITTEE,  AS  THOSE  TERMS  ARE
DEFINED  IN  ARTICLE  FOURTEEN  OF THE ELECTION LAW, IN SUPPORT OR OPPO-
SITION TO A CANDIDATE FOR PUBLIC OR PARTY OFFICE, REFERENDUM,  POLITICAL
PARTY,  ELECTIONEERING  COMMUNICATION  OR  ANY COMMUNICATION MADE TO THE
GENERAL PUBLIC INTENDED TO ENCOURAGE THE PUBLIC TO CONTACT A  GOVERNMENT
OFFICIAL,  CANDIDATE  FOR  PUBLIC  OR  PARTY  OFFICE  OR POLITICAL PARTY
REGARDING PENDING LEGISLATION, PUBLIC POLICY OR  A  GOVERNMENT  RULE  OR
REGULATION;
  (2)  THE TERM "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE BY A
PERSON FOR AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC  AUDIENCE
VIA BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION TO A GENER-
AL  PUBLIC  AUDIENCE  VIA  ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS,
BROCHURES, LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR  INFOR-
MATION  CONVEYED  TO  FIVE  HUNDRED  OR MORE MEMBERS OF A GENERAL PUBLIC
AUDIENCE BY COMPUTER OR OTHER ELECTRONIC DEVICES  WHICH:  (I)  EXPRESSLY
ADVOCATES  THE  ELECTION  OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE OR
THE SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE,  THE
CANDIDATE'S  POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL COMMITTEE
FORMED TO PROMOTE THE SUCCESS OR DEFEAT OF  A  BALLOT  PROPOSAL  OR  ITS
AGENTS,  DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN ANY
SUCH COMMUNICATION.   INDEPENDENT EXPENDITURES DO  NOT  INCLUDE:  (I)  A

S. 8282                            13

COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY, OR EDITORI-
AL  OR  DISTRIBUTED  THROUGH THE FACILITIES OF ANY BROADCASTING STATION,
CABLE OR SATELLITE UNLESS SUCH PUBLICATION OR FACILITIES  ARE  OWNED  OR
CONTROLLED  BY ANY POLITICAL PARTY, POLITICAL COMMITTEE OR CANDIDATE; OR
(II) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE  OR  FORUM;  OR
(III) A COMMUNICATION WHICH CONSTITUTES AN EXPENDITURE MADE BY AN ENTITY
REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.
  (B) NOTWITHSTANDING ANY OTHER LIMITS ON CORPORATE CONTRIBUTIONS TO, OR
EXPENDITURES  ON BEHALF OF, CANDIDATES FOR PUBLIC OR PARTY OFFICE, POLI-
TICAL COMMITTEES, PARTY COMMITTEES OR BALLOT REFERENDUM, BEFORE A CORPO-
RATION OR ANY OF ITS SUBSIDIARIES MAY MAKE A CONTRIBUTION OR INDEPENDENT
EXPENDITURE, THE CORPORATION SHALL, AT LEAST ANNUALLY, OBTAIN THE  PRIOR
AUTHORIZATION  BY  VOTE  OF A MAJORITY OF THE SHARES CAST ON SUCH RESOL-
UTION TO MAKE CONTRIBUTIONS OR INDEPENDENT EXPENDITURES UP TO  A  STATED
AGGREGATE ANNUAL AMOUNT.
  (C)  ANY  CORPORATION,  EITHER BY ITSELF OR ITS SUBSIDIARIES, MAKING A
CONTRIBUTION OR INDEPENDENT EXPENDITURE SHALL AT LEAST ANNUALLY DISCLOSE
TO ITS SHAREHOLDERS AND FILE WITH THE SECRETARY OF STATE  AN  ACCOUNTING
OF   THE  CONTRIBUTIONS  AND  INDEPENDENT  EXPENDITURES  USED  FOR  SUCH
PURPOSES, INCLUDING:
  (1) THE DATE OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (2) THE AMOUNT OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (3) THE IDENTITY OF THE RECIPIENT OF THE CONTRIBUTION, OR IF AN  INDE-
PENDENT  EXPENDITURE,  THE  IDENTITY OF THE CANDIDATE, REFERENDUM, POLI-
TICAL PARTY, PENDING LEGISLATION, PUBLIC POLICY OR A GOVERNMENT RULE  OR
REGULATION SUPPORTED OR OPPOSED; AND
  (4)  THE  BUSINESS RATIONALE FOR EACH SUCH CONTRIBUTION OR INDEPENDENT
EXPENDITURE.
  (D) THE SECRETARY  OF  STATE  SHALL  POST  EACH  CORPORATION'S  ANNUAL
DISCLOSURE ON THE WEBSITE MAINTAINED BY THE SECRETARY OF STATE.
  (E)  THE ATTORNEY GENERAL MAY COMMENCE AN ACTION OR SPECIAL PROCEEDING
TO ENFORCE THE PROVISIONS OF THIS SECTION.
  S 18. The cooperative corporations law is  amended  by  adding  a  new
section 78 to read as follows:
  S  78.  POLITICAL  CONTRIBUTIONS.  1.  DEFINITIONS.  WHEN USED IN THIS
SECTION:
  (A) THE TERM "CONTRIBUTION" MEANS ANY GIFT, SUBSCRIPTION,  OUTSTANDING
LOAN,  ADVANCE,  DEPOSIT  OF  MONEY  OR ANY THING OF VALUE PROVIDED TO A
POLITICAL COMMITTEE, PARTY  COMMITTEE,  CONSTITUTED  COMMITTEE  OR  DULY
CONSTITUTED  SUBCOMMITTEE  OF  A  COUNTY  COMMITTEE,  AS THOSE TERMS ARE
DEFINED IN ARTICLE FOURTEEN OF THE ELECTION LAW,  IN  SUPPORT  OR  OPPO-
SITION  TO A CANDIDATE FOR PUBLIC OR PARTY OFFICE, REFERENDUM, POLITICAL
PARTY, ELECTIONEERING COMMUNICATION OR ANY  COMMUNICATION  MADE  TO  THE
GENERAL  PUBLIC INTENDED TO ENCOURAGE THE PUBLIC TO CONTACT A GOVERNMENT
OFFICIAL, CANDIDATE FOR  PUBLIC  OR  PARTY  OFFICE  OR  POLITICAL  PARTY
REGARDING  PENDING  LEGISLATION,  PUBLIC  POLICY OR A GOVERNMENT RULE OR
REGULATION;
  (B) THE TERM "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE BY  A
PERSON  FOR AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC AUDIENCE
VIA BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION TO A GENER-
AL PUBLIC AUDIENCE VIA  ADVERTISEMENTS,  PAMPHLETS,  CIRCULARS,  FLYERS,
BROCHURES,  LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
MATION CONVEYED TO FIVE HUNDRED OR MORE  MEMBERS  OF  A  GENERAL  PUBLIC
AUDIENCE  BY  COMPUTER  OR OTHER ELECTRONIC DEVICES WHICH: (I) EXPRESSLY
ADVOCATES THE ELECTION OR DEFEAT OF A CLEARLY  IDENTIFIED  CANDIDATE  OR
THE  SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE, THE

S. 8282                            14

CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL  COMMITTEE
FORMED  TO  PROMOTE  THE  SUCCESS  OR DEFEAT OF A BALLOT PROPOSAL OR ITS
AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN  ANY
SUCH  COMMUNICATION.    INDEPENDENT  EXPENDITURES  DO NOT INCLUDE: (I) A
COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY, OR EDITORI-
AL OR DISTRIBUTED THROUGH THE FACILITIES OF  ANY  BROADCASTING  STATION,
CABLE  OR  SATELLITE  UNLESS SUCH PUBLICATION OR FACILITIES ARE OWNED OR
CONTROLLED BY ANY POLITICAL PARTY, POLITICAL COMMITTEE OR CANDIDATE;  OR
(II)  A  COMMUNICATION  THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR
(III) A COMMUNICATION WHICH CONSTITUTES AN EXPENDITURE MADE BY AN ENTITY
REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.
  2.  NOTWITHSTANDING  ANY  OTHER  LIMITS  ON  COOPERATIVE   CORPORATION
CONTRIBUTIONS  TO  OR  EXPENDITURES  ON  BEHALF OF POLITICAL CANDIDATES,
POLITICAL COMMITTEES, PARTY COMMITTEES, OR BALLOT REFERENDUMS, BEFORE  A
COOPERATIVE  CORPORATION MAY MAKE A CONTRIBUTION OR INDEPENDENT EXPENDI-
TURE, THE COOPERATIVE CORPORATION SHALL AT  LEAST  ANNUALLY  OBTAIN  THE
PRIOR  AUTHORIZATION BY VOTE OF A MAJORITY OF THE SHARES OR MEMBERS CAST
ON SUCH RESOLUTION TO MAKE CONTRIBUTIONS OR INDEPENDENT EXPENDITURES, UP
TO A STATED AGGREGATE ANNUAL AMOUNT.
  3. ANY COOPERATIVE CORPORATION, EITHER BY ITSELF OR ITS  SUBSIDIARIES,
MAKING A CONTRIBUTION OR INDEPENDENT EXPENDITURE SHALL, AT LEAST ANNUAL-
LY, DISCLOSE TO ITS SHAREHOLDERS AND FILE WITH THE SECRETARY OF STATE AN
ACCOUNTING  OF  THE  CONTRIBUTIONS AND INDEPENDENT EXPENDITURES USED FOR
SUCH PURPOSES, INCLUDING:
  (A) THE DATE OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (B) THE AMOUNT OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (C) THE IDENTITY OF THE RECIPIENT OF THE CONTRIBUTION, OR IF AN  INDE-
PENDENT  EXPENDITURE,  THE  IDENTITY OF THE CANDIDATE, REFERENDUM, POLI-
TICAL PARTY, PENDING LEGISLATION, PUBLIC POLICY OR A GOVERNMENT RULE  OR
REGULATION SUPPORTED OR OPPOSED; AND
  (D)  THE  BUSINESS RATIONALE FOR EACH SUCH CONTRIBUTION OR INDEPENDENT
EXPENDITURE.
  4. THE SECRETARY OF STATE SHALL POST  EACH  COOPERATIVE  CORPORATION'S
ANNUAL DISCLOSURE ON THE WEBSITE MAINTAINED BY THE SECRETARY OF STATE.
  5.   THE ATTORNEY GENERAL MAY COMMENCE AN ACTION OR SPECIAL PROCEEDING
TO ENFORCE THE PROVISIONS OF THIS SECTION.
  S 19. The not-for-profit corporation law is amended by  adding  a  new
section 523 to read as follows:
S 523. POLITICAL CONTRIBUTIONS.
  (A) DEFINITIONS. WHEN USED IN THIS SECTION:
  (1)  THE TERM "CONTRIBUTION" MEANS ANY GIFT, SUBSCRIPTION, OUTSTANDING
LOAN, ADVANCE, DEPOSIT OF MONEY OR ANY THING  OF  VALUE  PROVIDED  TO  A
POLITICAL  COMMITTEE,  PARTY  COMMITTEE,  CONSTITUTED  COMMITTEE OR DULY
CONSTITUTED SUBCOMMITTEE OF A  COUNTY  COMMITTEE,  AS  THOSE  TERMS  ARE
DEFINED  IN  ARTICLE  FOURTEEN  OF THE ELECTION LAW, IN SUPPORT OR OPPO-
SITION TO A CANDIDATE FOR PUBLIC OR PARTY OFFICE, REFERENDUM,  POLITICAL
PARTY,  ELECTIONEERING  COMMUNICATION  OR  ANY COMMUNICATION MADE TO THE
GENERAL PUBLIC INTENDED TO ENCOURAGE THE PUBLIC TO CONTACT A  GOVERNMENT
OFFICIAL,  CANDIDATE  FOR  PUBLIC  OR  PARTY  OFFICE  OR POLITICAL PARTY
REGARDING PENDING LEGISLATION, PUBLIC POLICY OR  A  GOVERNMENT  RULE  OR
REGULATION;
  (2)  THE TERM "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE BY A
PERSON FOR AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC  AUDIENCE
VIA BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION TO A GENER-
AL  PUBLIC  AUDIENCE  VIA  ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS,
BROCHURES, LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR  INFOR-

S. 8282                            15

MATION  CONVEYED  TO  FIVE  HUNDRED  OR MORE MEMBERS OF A GENERAL PUBLIC
AUDIENCE BY COMPUTER OR OTHER ELECTRONIC DEVICES  WHICH:  (I)  EXPRESSLY
ADVOCATES  THE  ELECTION  OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE OR
THE  SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE, THE
CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL  COMMITTEE
FORMED  TO  PROMOTE  THE  SUCCESS  OR DEFEAT OF A BALLOT PROPOSAL OR ITS
AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN  ANY
SUCH  COMMUNICATION.    INDEPENDENT  EXPENDITURES  DO NOT INCLUDE: (I) A
COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY, OR EDITORI-
AL OR DISTRIBUTED THROUGH THE FACILITIES OF  ANY  BROADCASTING  STATION,
CABLE  OR  SATELLITE  UNLESS SUCH PUBLICATION OR FACILITIES ARE OWNED OR
CONTROLLED BY ANY POLITICAL PARTY, POLITICAL COMMITTEE OR CANDIDATE;  OR
(II)  A  COMMUNICATION  THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR
(III) A COMMUNICATION WHICH CONSTITUTES AN EXPENDITURE MADE BY AN ENTITY
REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.
  (B) NOTWITHSTANDING ANY OTHER  LIMITS  ON  NOT-FOR-PROFIT  CORPORATION
CONTRIBUTIONS TO, OR EXPENDITURES ON BEHALF OF, CANDIDATES FOR PUBLIC OR
PARTY  OFFICE, POLITICAL COMMITTEES, PARTY COMMITTEES OR BALLOT REFEREN-
DUM, BEFORE A NOT-FOR-PROFIT CORPORATION OR ANY OF ITS SUBSIDIARIES  MAY
MAKE  A  CONTRIBUTION  OR  INDEPENDENT  EXPENDITURE,  THE NOT-FOR-PROFIT
CORPORATION SHALL, AT LEAST ANNUALLY, OBTAIN THE PRIOR AUTHORIZATION  BY
VOTE  OF  A  MAJORITY  OF  THE MEMBERS VOTING ON SUCH RESOLUTION TO MAKE
CONTRIBUTIONS OR INDEPENDENT EXPENDITURES UP TO A STATED AGGREGATE ANNU-
AL AMOUNT.
  (C) ANY NOT-FOR-PROFIT CORPORATION, EITHER BY ITSELF  OR  ITS  SUBSID-
IARIES,  MAKING A CONTRIBUTION OR INDEPENDENT EXPENDITURE SHALL AT LEAST
ANNUALLY DISCLOSE TO ITS MEMBERS AND FILE WITH THE SECRETARY OF STATE AN
ACCOUNTING OF THE CONTRIBUTIONS AND INDEPENDENT  EXPENDITURES  USED  FOR
SUCH PURPOSES, INCLUDING:
  (1) THE DATE OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (2) THE AMOUNT OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (3)  THE IDENTITY OF THE RECIPIENT OF THE CONTRIBUTION, OR IF AN INDE-
PENDENT EXPENDITURE, THE IDENTITY OF THE  CANDIDATE,  REFERENDUM,  POLI-
TICAL  PARTY, PENDING LEGISLATION, PUBLIC POLICY OR A GOVERNMENT RULE OR
REGULATION SUPPORTED OR OPPOSED; AND
  (4) THE BUSINESS RATIONALE FOR EACH SUCH CONTRIBUTION  OR  INDEPENDENT
EXPENDITURE.
  (D)  THE  SECRETARY  OF  STATE  SHALL  POST EACH NOT-FOR-PROFIT CORPO-
RATION'S ANNUAL DISCLOSURE ON THE WEBSITE MAINTAINED BY THE SECRETARY OF
STATE.
  (E) THE ATTORNEY GENERAL MAY COMMENCE AN ACTION OR SPECIAL  PROCEEDING
TO ENFORCE THE PROVISIONS OF THIS SECTION.
  S  20.  The railroad law is amended by adding a new section 35 to read
as follows:
  S 35. POLITICAL CONTRIBUTIONS.  1.  DEFINITIONS.  WHEN  USED  IN  THIS
SECTION:
  (A)  THE TERM "CONTRIBUTION" MEANS ANY GIFT, SUBSCRIPTION, OUTSTANDING
LOAN, ADVANCE, DEPOSIT OF MONEY OR ANYTHING OF VALUE PROVIDED TO A POLI-
TICAL COMMITTEE, PARTY COMMITTEE, CONSTITUTED COMMITTEE OR DULY  CONSTI-
TUTED  SUBCOMMITTEE OF A COUNTY COMMITTEE, AS THOSE TERMS ARE DEFINED IN
ARTICLE FOURTEEN OF THE ELECTION LAW, IN  SUPPORT  OR  OPPOSITION  TO  A
CANDIDATE FOR PUBLIC OR PARTY OFFICE, REFERENDUM, POLITICAL PARTY, ELEC-
TIONEERING COMMUNICATION OR ANY COMMUNICATION MADE TO THE GENERAL PUBLIC
INTENDED  TO  ENCOURAGE  THE  PUBLIC  TO  CONTACT A GOVERNMENT OFFICIAL,
CANDIDATE FOR PUBLIC OR PARTY OFFICE OR POLITICAL PARTY REGARDING  PEND-
ING LEGISLATION, PUBLIC POLICY OR A GOVERNMENT RULE OR REGULATION;

S. 8282                            16

  (B)  THE TERM "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE BY A
PERSON FOR AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC  AUDIENCE
VIA BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION TO A GENER-
AL  PUBLIC  AUDIENCE  VIA  ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS,
BROCHURES,  LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
MATION CONVEYED TO FIVE HUNDRED OR MORE  MEMBERS  OF  A  GENERAL  PUBLIC
AUDIENCE  BY  COMPUTER  OR OTHER ELECTRONIC DEVICES WHICH: (I) EXPRESSLY
ADVOCATES THE ELECTION OR DEFEAT OF A CLEARLY  IDENTIFIED  CANDIDATE  OR
THE  SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE, THE
CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL  COMMITTEE
FORMED  TO  PROMOTE  THE  SUCCESS  OR DEFEAT OF A BALLOT PROPOSAL OR ITS
AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN  ANY
SUCH  COMMUNICATION.    INDEPENDENT  EXPENDITURES  DO NOT INCLUDE: (I) A
COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY, OR EDITORI-
AL OR DISTRIBUTED THROUGH THE FACILITIES OF  ANY  BROADCASTING  STATION,
CABLE  OR  SATELLITE  UNLESS SUCH PUBLICATION OR FACILITIES ARE OWNED OR
CONTROLLED BY ANY POLITICAL PARTY, POLITICAL COMMITTEE OR CANDIDATE;  OR
(II)  A  COMMUNICATION  THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR
(III) A COMMUNICATION WHICH CONSTITUTES AN EXPENDITURE MADE BY AN ENTITY
REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.
  2. NOTWITHSTANDING ANY OTHER LIMITS ON RAILROAD  CORPORATION  CONTRIB-
UTIONS  TO  OR EXPENDITURES ON BEHALF OF POLITICAL CANDIDATES, POLITICAL
COMMITTEES, PARTY COMMITTEES, OR BALLOT REFERENDUMS, BEFORE  A  RAILROAD
CORPORATION  MAY  MAKE  A  CONTRIBUTION  OR INDEPENDENT EXPENDITURE, THE
RAILROAD CORPORATION SHALL AT LEAST ANNUALLY OBTAIN THE  PRIOR  AUTHORI-
ZATION  BY  VOTE  OF  A  MAJORITY  OF THE SHARES OR MEMBERS CAST ON SUCH
RESOLUTION TO MAKE CONTRIBUTIONS OR INDEPENDENT EXPENDITURES,  UP  TO  A
STATED AGGREGATE ANNUAL AMOUNT.
  3.  ANY  RAILROAD  CORPORATION,  EITHER BY ITSELF OR ITS SUBSIDIARIES,
MAKING CONTRIBUTIONS OR INDEPENDENT EXPENDITURES SHALL, AT LEAST ANNUAL-
LY, DISCLOSE TO ITS SHAREHOLDERS AND FILE WITH THE SECRETARY OF STATE AN
ACCOUNTING OF THE CONTRIBUTIONS AND INDEPENDENT  EXPENDITURES  USED  FOR
SUCH PURPOSES, INCLUDING:
  (A) THE DATE OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (B) THE AMOUNT OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (C)  THE IDENTITY OF THE RECIPIENT OF THE CONTRIBUTION, OR IF AN INDE-
PENDENT EXPENDITURE, THE IDENTITY OF THE  CANDIDATE,  REFERENDUM,  POLI-
TICAL  PARTY, PENDING LEGISLATION, PUBLIC POLICY OR A GOVERNMENT RULE OR
REGULATION SUPPORTED OR OPPOSED; AND
  (D) THE BUSINESS RATIONALE FOR EACH SUCH CONTRIBUTION  OR  INDEPENDENT
EXPENDITURE.
  4. THE SECRETARY OF STATE SHALL POST EACH RAILROAD CORPORATION'S ANNU-
AL DISCLOSURE ON THE WEBSITE MAINTAINED BY THE SECRETARY OF STATE.
  5.   THE ATTORNEY GENERAL MAY COMMENCE AN ACTION OR SPECIAL PROCEEDING
TO ENFORCE THE PROVISIONS OF THIS SECTION.
  S 21. The transportation corporations law is amended by adding  a  new
section 7 to read as follows:
  S  7.  POLITICAL  CONTRIBUTIONS.  (A)  DEFINITIONS.  WHEN USED IN THIS
SECTION:
  (1) THE TERM "CONTRIBUTION" MEANS ANY GIFT, SUBSCRIPTION,  OUTSTANDING
LOAN,  ADVANCE,  DEPOSIT  OF  MONEY  OR ANY THING OF VALUE PROVIDED TO A
POLITICAL COMMITTEE, PARTY  COMMITTEE,  CONSTITUTED  COMMITTEE  OR  DULY
CONSTITUTED  SUBCOMMITTEE  OF  A  COUNTY  COMMITTEE,  AS THOSE TERMS ARE
DEFINED IN ARTICLE FOURTEEN OF THE ELECTION LAW,  IN  SUPPORT  OR  OPPO-
SITION  TO A CANDIDATE FOR PUBLIC OR PARTY OFFICE, REFERENDUM, POLITICAL
PARTY, ELECTIONEERING COMMUNICATION OR ANY  COMMUNICATION  MADE  TO  THE

S. 8282                            17

GENERAL  PUBLIC INTENDED TO ENCOURAGE THE PUBLIC TO CONTACT A GOVERNMENT
OFFICIAL, CANDIDATE FOR  PUBLIC  OR  PARTY  OFFICE  OR  POLITICAL  PARTY
REGARDING  PENDING  LEGISLATION,  PUBLIC  POLICY OR A GOVERNMENT RULE OR
REGULATION;
  (2)  THE TERM "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE BY A
PERSON FOR AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC  AUDIENCE
VIA BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION TO A GENER-
AL  PUBLIC  AUDIENCE  VIA  ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS,
BROCHURES, LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR  INFOR-
MATION  CONVEYED  TO  FIVE  HUNDRED  OR MORE MEMBERS OF A GENERAL PUBLIC
AUDIENCE BY COMPUTER OR OTHER ELECTRONIC DEVICES  WHICH:  (I)  EXPRESSLY
ADVOCATES  THE  ELECTION  OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE OR
THE SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE,  THE
CANDIDATE'S  POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL COMMITTEE
FORMED TO PROMOTE THE SUCCESS OR DEFEAT OF  A  BALLOT  PROPOSAL  OR  ITS
AGENTS,  DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN ANY
SUCH COMMUNICATION.   INDEPENDENT EXPENDITURES DO  NOT  INCLUDE:  (I)  A
COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY, OR EDITORI-
AL  OR  DISTRIBUTED  THROUGH THE FACILITIES OF ANY BROADCASTING STATION,
CABLE OR SATELLITE UNLESS SUCH PUBLICATION OR FACILITIES  ARE  OWNED  OR
CONTROLLED  BY ANY POLITICAL PARTY, POLITICAL COMMITTEE OR CANDIDATE; OR
(II) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE  OR  FORUM;  OR
(III) A COMMUNICATION WHICH CONSTITUTES AN EXPENDITURE MADE BY AN ENTITY
REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.
  (B)  NOTWITHSTANDING  ANY  OTHER  LIMITS ON TRANSPORTATION CORPORATION
CONTRIBUTIONS TO, OR EXPENDITURES ON BEHALF OF, CANDIDATES FOR PUBLIC OR
PARTY OFFICE, POLITICAL COMMITTEES, PARTY COMMITTEES OR BALLOT  REFEREN-
DUM,  BEFORE A TRANSPORTATION CORPORATION OR ANY OF ITS SUBSIDIARIES MAY
MAKE A  CONTRIBUTION  OR  INDEPENDENT  EXPENDITURE,  THE  TRANSPORTATION
CORPORATION  SHALL, AT LEAST ANNUALLY, OBTAIN THE PRIOR AUTHORIZATION BY
VOTE OF A MAJORITY OF  THE  SHARES  CAST  ON  SUCH  RESOLUTION  TO  MAKE
CONTRIBUTIONS OR INDEPENDENT EXPENDITURES UP TO A STATED AGGREGATE ANNU-
AL AMOUNT.
  (C)  ANY  TRANSPORTATION  CORPORATION, EITHER BY ITSELF OR ITS SUBSID-
IARIES, MAKING CONTRIBUTIONS OR INDEPENDENT EXPENDITURES SHALL AT  LEAST
ANNUALLY  DISCLOSE  TO  ITS  SHAREHOLDERS AND FILE WITH THE SECRETARY OF
STATE AN ACCOUNTING OF THE CONTRIBUTIONS  AND  INDEPENDENT  EXPENDITURES
USED FOR SUCH PURPOSES, INCLUDING:
  (1) THE DATE OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (2) THE AMOUNT OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (3)  THE IDENTITY OF THE RECIPIENT OF THE CONTRIBUTION, OR IF AN INDE-
PENDENT EXPENDITURE, THE IDENTITY OF THE  CANDIDATE,  REFERENDUM,  POLI-
TICAL  PARTY, PENDING LEGISLATION, PUBLIC POLICY OR A GOVERNMENT RULE OR
REGULATION SUPPORTED OR OPPOSED; AND
  (4) THE BUSINESS RATIONALE FOR EACH SUCH CONTRIBUTION  OR  INDEPENDENT
EXPENDITURE.
  (D)  THE  SECRETARY  OF  STATE  SHALL  POST EACH TRANSPORTATION CORPO-
RATION'S ANNUAL DISCLOSURE ON THE WEBSITE MAINTAINED BY THE SECRETARY OF
STATE.
  (E) THE ATTORNEY GENERAL MAY COMMENCE AN ACTION OR SPECIAL  PROCEEDING
TO ENFORCE THE PROVISIONS OF THIS SECTION.
  S  22. The banking law is amended by adding a new section 5017 to read
as follows:
  S 5017. POLITICAL CONTRIBUTIONS. 1. DEFINITIONS.  WHEN  USED  IN  THIS
SECTION:

S. 8282                            18

  (A)  THE TERM "CONTRIBUTION" MEANS ANY GIFT, SUBSCRIPTION, OUTSTANDING
LOAN, ADVANCE, DEPOSIT OF MONEY OR ANY THING  OF  VALUE  PROVIDED  TO  A
POLITICAL  COMMITTEE,  PARTY  COMMITTEE,  CONSTITUTED  COMMITTEE OR DULY
CONSTITUTED SUBCOMMITTEE OF A  COUNTY  COMMITTEE,  AS  THOSE  TERMS  ARE
DEFINED  IN  ARTICLE  FOURTEEN  OF THE ELECTION LAW, IN SUPPORT OR OPPO-
SITION TO A CANDIDATE FOR PUBLIC OR PARTY OFFICE, REFERENDUM,  POLITICAL
PARTY,  ELECTIONEERING  COMMUNICATION  OR  ANY COMMUNICATION MADE TO THE
GENERAL PUBLIC INTENDED TO ENCOURAGE THE PUBLIC TO CONTACT A  GOVERNMENT
OFFICIAL,  CANDIDATE  FOR  PUBLIC  OR  PARTY  OFFICE  OR POLITICAL PARTY
REGARDING PENDING LEGISLATION, PUBLIC POLICY OR  A  GOVERNMENT  RULE  OR
REGULATION;
  (B)  THE TERM "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE BY A
PERSON FOR AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC  AUDIENCE
VIA BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION TO A GENER-
AL  PUBLIC  AUDIENCE  VIA  ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS,
BROCHURES, LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR  INFOR-
MATION  CONVEYED  TO  FIVE  HUNDRED  OR MORE MEMBERS OF A GENERAL PUBLIC
AUDIENCE BY COMPUTER OR OTHER ELECTRONIC DEVICES  WHICH:  (I)  EXPRESSLY
ADVOCATES  THE  ELECTION  OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE OR
THE SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE,  THE
CANDIDATE'S  POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL COMMITTEE
FORMED TO PROMOTE THE SUCCESS OR DEFEAT OF  A  BALLOT  PROPOSAL  OR  ITS
AGENTS,  DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN ANY
SUCH COMMUNICATION.   INDEPENDENT EXPENDITURES DO  NOT  INCLUDE:  (I)  A
COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY, OR EDITORI-
AL  OR  DISTRIBUTED  THROUGH THE FACILITIES OF ANY BROADCASTING STATION,
CABLE OR SATELLITE UNLESS SUCH PUBLICATION OR FACILITIES  ARE  OWNED  OR
CONTROLLED  BY ANY POLITICAL PARTY, POLITICAL COMMITTEE OR CANDIDATE; OR
(II) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE  OR  FORUM;  OR
(III) A COMMUNICATION WHICH CONSTITUTES AN EXPENDITURE MADE BY AN ENTITY
REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.
  2. NOTWITHSTANDING ANY OTHER LIMITS ON CORPORATION CONTRIBUTIONS TO OR
EXPENDITURES  ON  BEHALF  OF POLITICAL CANDIDATES, POLITICAL COMMITTEES,
PARTY COMMITTEES, OR BALLOT REFERENDUMS, BEFORE A CORPORATION MAY MAKE A
CONTRIBUTION OR INDEPENDENT EXPENDITURE, THE CORPORATION SHALL AT  LEAST
ANNUALLY  OBTAIN  THE  PRIOR  AUTHORIZATION BY VOTE OF A MAJORITY OF THE
SHARES OR MEMBERS CAST ON SUCH RESOLUTION TO MAKE CONTRIBUTIONS OR INDE-
PENDENT EXPENDITURES, UP TO A STATED AGGREGATE ANNUAL AMOUNT.
  3. ANY CORPORATION, EITHER BY ITSELF OR  ITS  SUBSIDIARIES,  MAKING  A
CONTRIBUTION  OR  INDEPENDENT  EXPENDITURE  SHALL,  AT  LEAST  ANNUALLY,
DISCLOSE TO ITS SHAREHOLDERS AND FILE WITH THE  SECRETARY  OF  STATE  AN
ACCOUNTING  OF  THE  CONTRIBUTIONS AND INDEPENDENT EXPENDITURES USED FOR
SUCH PURPOSES, INCLUDING:
  (A) THE DATE OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (B) THE AMOUNT OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (C) THE IDENTITY OF THE RECIPIENT OF THE CONTRIBUTION, OR IF AN  INDE-
PENDENT  EXPENDITURE,  THE  IDENTITY OF THE CANDIDATE, REFERENDUM, POLI-
TICAL PARTY, PENDING LEGISLATION, PUBLIC POLICY OR A GOVERNMENT RULE  OR
REGULATION SUPPORTED OR OPPOSED; AND
  (D)  THE  BUSINESS RATIONALE FOR EACH SUCH CONTRIBUTION OR INDEPENDENT
EXPENDITURE.
  4. THE SECRETARY OF STATE SHALL POST EACH CORPORATION'S ANNUAL DISCLO-
SURE ON THE WEBSITE MAINTAINED BY THE SECRETARY OF STATE.
  5. THE ATTORNEY GENERAL MAY COMMENCE AN ACTION OR  SPECIAL  PROCEEDING
TO ENFORCE THE PROVISIONS OF THIS SECTION.

S. 8282                            19

  S  23. The business corporation law is amended by adding a new section
1321 to read as follows:
S 1321. POLITICAL CONTRIBUTIONS.
  (A) DEFINITIONS. WHEN USED IN THIS SECTION:
  (1)  THE TERM "CONTRIBUTION" MEANS ANY GIFT, SUBSCRIPTION, OUTSTANDING
LOAN, ADVANCE, DEPOSIT OF MONEY OR ANY THING  OF  VALUE  PROVIDED  TO  A
POLITICAL  COMMITTEE,  PARTY  COMMITTEE,  CONSTITUTED  COMMITTEE OR DULY
CONSTITUTED SUBCOMMITTEE OF A  COUNTY  COMMITTEE,  AS  THOSE  TERMS  ARE
DEFINED  IN  ARTICLE  FOURTEEN  OF THE ELECTION LAW, IN SUPPORT OR OPPO-
SITION TO A CANDIDATE FOR PUBLIC OR PARTY OFFICE, REFERENDUM,  POLITICAL
PARTY,  ELECTIONEERING  COMMUNICATION  OR  ANY COMMUNICATION MADE TO THE
GENERAL PUBLIC INTENDED TO ENCOURAGE THE PUBLIC TO CONTACT A  GOVERNMENT
OFFICIAL,  CANDIDATE  FOR  PUBLIC  OR  PARTY  OFFICE  OR POLITICAL PARTY
REGARDING PENDING LEGISLATION, PUBLIC POLICY OR  A  GOVERNMENT  RULE  OR
REGULATION;
  (2)  THE TERM "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE BY A
PERSON FOR AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC  AUDIENCE
VIA BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION TO A GENER-
AL  PUBLIC  AUDIENCE  VIA  ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS,
BROCHURES, LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR  INFOR-
MATION  CONVEYED  TO  FIVE  HUNDRED  OR MORE MEMBERS OF A GENERAL PUBLIC
AUDIENCE BY COMPUTER OR OTHER ELECTRONIC DEVICES  WHICH:  (I)  EXPRESSLY
ADVOCATES  THE  ELECTION  OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE OR
THE SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE,  THE
CANDIDATE'S  POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL COMMITTEE
FORMED TO PROMOTE THE SUCCESS OR DEFEAT OF  A  BALLOT  PROPOSAL  OR  ITS
AGENTS,  DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN ANY
SUCH COMMUNICATION.   INDEPENDENT EXPENDITURES DO  NOT  INCLUDE:  (I)  A
COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY, OR EDITORI-
AL  OR  DISTRIBUTED  THROUGH THE FACILITIES OF ANY BROADCASTING STATION,
CABLE OR SATELLITE UNLESS SUCH PUBLICATION OR FACILITIES  ARE  OWNED  OR
CONTROLLED  BY ANY POLITICAL PARTY, POLITICAL COMMITTEE OR CANDIDATE; OR
(II) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE  OR  FORUM;  OR
(III) A COMMUNICATION WHICH CONSTITUTES AN EXPENDITURE MADE BY AN ENTITY
REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.
  (B) NOTWITHSTANDING ANY OTHER LIMITS ON CORPORATE CONTRIBUTIONS TO, OR
EXPENDITURES  ON BEHALF OF, CANDIDATES FOR PUBLIC OR PARTY OFFICE, POLI-
TICAL COMMITTEES,  PARTY  COMMITTEES  OR  BALLOT  REFERENDUM,  BEFORE  A
FOREIGN  CORPORATION  DOING  BUSINESS  IN  THE  STATE IN ACCORDANCE WITH
SECTION THIRTEEN HUNDRED ONE OF THIS ARTICLE MAY MAKE A CONTRIBUTION  OR
INDEPENDENT  EXPENDITURE  IN NEW YORK, THE FOREIGN CORPORATION SHALL, AT
LEAST ANNUALLY, OBTAIN THE PRIOR AUTHORIZATION BY VOTE OF A MAJORITY  OF
THE  SHARES CAST ON SUCH RESOLUTION TO MAKE CONTRIBUTIONS OR INDEPENDENT
EXPENDITURES UP TO A STATED AGGREGATE ANNUAL AMOUNT.
  (C) ANY FOREIGN CORPORATION, EITHER BY  ITSELF  OR  ITS  SUBSIDIARIES,
MAKING  A  CONTRIBUTION  OR INDEPENDENT EXPENDITURE IN NEW YORK SHALL AT
LEAST ANNUALLY DISCLOSE TO ITS SHAREHOLDERS AND FILE WITH THE  SECRETARY
OF STATE AN ACCOUNTING OF THE CONTRIBUTIONS AND INDEPENDENT EXPENDITURES
USED FOR SUCH PURPOSES, INCLUDING:
  (1) THE DATE OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (2) THE AMOUNT OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (3)  THE IDENTITY OF THE RECIPIENT OF THE CONTRIBUTION, OR IF AN INDE-
PENDENT EXPENDITURE, THE IDENTITY OF THE  CANDIDATE,  REFERENDUM,  POLI-
TICAL  PARTY, PENDING LEGISLATION, PUBLIC POLICY OR A GOVERNMENT RULE OR
REGULATION SUPPORTED OR OPPOSED; AND

S. 8282                            20

  (4) THE BUSINESS RATIONALE FOR EACH SUCH CONTRIBUTION  OR  INDEPENDENT
EXPENDITURE.
  (D) THE SECRETARY OF STATE SHALL POST EACH FOREIGN CORPORATION'S ANNU-
AL DISCLOSURE ON THE WEBSITE MAINTAINED BY THE SECRETARY OF STATE.
  (E)  THE ATTORNEY GENERAL MAY COMMENCE AN ACTION OR SPECIAL PROCEEDING
TO ENFORCE THE PROVISIONS OF THIS SECTION.
  S 24. The limited liability company law is amended  by  adding  a  new
section 510 to read as follows:
  S  510.  POLITICAL  CONTRIBUTIONS.  (A) DEFINITIONS. WHEN USED IN THIS
SECTION:
  (1) THE TERM "CONTRIBUTION" MEANS ANY GIFT, SUBSCRIPTION,  OUTSTANDING
LOAN,  ADVANCE,  DEPOSIT  OF  MONEY  OR ANY THING OF VALUE PROVIDED TO A
POLITICAL COMMITTEE, PARTY  COMMITTEE,  CONSTITUTED  COMMITTEE  OR  DULY
CONSTITUTED  SUBCOMMITTEE  OF  A  COUNTY  COMMITTEE,  AS THOSE TERMS ARE
DEFINED IN ARTICLE FOURTEEN OF THE ELECTION LAW,  IN  SUPPORT  OR  OPPO-
SITION  TO A CANDIDATE FOR PUBLIC OR PARTY OFFICE, REFERENDUM, POLITICAL
PARTY, ELECTIONEERING COMMUNICATION OR ANY  COMMUNICATION  MADE  TO  THE
GENERAL  PUBLIC INTENDED TO ENCOURAGE THE PUBLIC TO CONTACT A GOVERNMENT
OFFICIAL, CANDIDATE FOR  PUBLIC  OR  PARTY  OFFICE  OR  POLITICAL  PARTY
REGARDING  PENDING  LEGISLATION,  PUBLIC  POLICY OR A GOVERNMENT RULE OR
REGULATION;
  (2) THE TERM "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE BY  A
PERSON  FOR AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC AUDIENCE
VIA BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION TO A GENER-
AL PUBLIC AUDIENCE VIA  ADVERTISEMENTS,  PAMPHLETS,  CIRCULARS,  FLYERS,
BROCHURES,  LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
MATION CONVEYED TO FIVE HUNDRED OR MORE  MEMBERS  OF  A  GENERAL  PUBLIC
AUDIENCE  BY  COMPUTER  OR OTHER ELECTRONIC DEVICES WHICH: (I) EXPRESSLY
ADVOCATES THE ELECTION OR DEFEAT OF A CLEARLY  IDENTIFIED  CANDIDATE  OR
THE  SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE, THE
CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL  COMMITTEE
FORMED  TO  PROMOTE  THE  SUCCESS  OR DEFEAT OF A BALLOT PROPOSAL OR ITS
AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN  ANY
SUCH  COMMUNICATION.    INDEPENDENT  EXPENDITURES  DO NOT INCLUDE: (I) A
COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY, OR EDITORI-
AL OR DISTRIBUTED THROUGH THE FACILITIES OF  ANY  BROADCASTING  STATION,
CABLE  OR  SATELLITE  UNLESS SUCH PUBLICATION OR FACILITIES ARE OWNED OR
CONTROLLED BY ANY POLITICAL PARTY, POLITICAL COMMITTEE OR CANDIDATE;  OR
(II)  A  COMMUNICATION  THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR
(III) A COMMUNICATION WHICH CONSTITUTES AN EXPENDITURE MADE BY AN ENTITY
REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.
  (B) NOTWITHSTANDING ANY OTHER LIMITS ON CONTRIBUTIONS TO, OR  EXPENDI-
TURES  ON  BEHALF  OF,  CANDIDATES FOR PUBLIC OR PARTY OFFICE, POLITICAL
COMMITTEES, PARTY COMMITTEES OR  BALLOT  REFERENDUM,  BEFORE  A  LIMITED
LIABILITY  COMPANY  MAY  MAKE A CONTRIBUTION OR INDEPENDENT EXPENDITURE,
THE LIMITED LIABILITY COMPANY SHALL, AT LEAST ANNUALLY, OBTAIN THE PRIOR
AUTHORIZATION BY VOTE OF A MAJORITY OF THE MEMBERS OR MANAGERS  CAST  ON
SUCH  RESOLUTION TO MAKE CONTRIBUTIONS OR INDEPENDENT EXPENDITURES UP TO
A STATED AGGREGATE ANNUAL AMOUNT.
  (C) ANY LIMITED LIABILITY COMPANY, EITHER BY  ITSELF  OR  ITS  SUBSID-
IARIES,  MAKING A CONTRIBUTION OR INDEPENDENT EXPENDITURE SHALL AT LEAST
ANNUALLY DISCLOSE TO ITS MEMBERS OR MANAGERS AND FILE WITH THE SECRETARY
OF STATE AN ACCOUNTING OF THE CONTRIBUTIONS AND INDEPENDENT EXPENDITURES
USED FOR SUCH PURPOSES, INCLUDING:
  (1) THE DATE OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (2) THE AMOUNT OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;

S. 8282                            21

  (3) THE IDENTITY OF THE RECIPIENT OF THE CONTRIBUTION, OR IF AN  INDE-
PENDENT  EXPENDITURE,  THE  IDENTITY OF THE CANDIDATE, REFERENDUM, POLI-
TICAL PARTY, PENDING LEGISLATION, PUBLIC POLICY OR A GOVERNMENT RULE  OR
REGULATION SUPPORTED OR OPPOSED; AND
  (4)  THE  BUSINESS RATIONALE FOR EACH SUCH CONTRIBUTION OR INDEPENDENT
EXPENDITURE.
  (D) THE SECRETARY OF STATE SHALL POST EACH LIMITED LIABILITY COMPANY'S
ANNUAL DISCLOSURE ON THE WEBSITE MAINTAINED BY THE SECRETARY OF STATE.
  (E) THE ATTORNEY GENERAL MAY COMMENCE AN ACTION OR SPECIAL  PROCEEDING
TO ENFORCE THE PROVISIONS OF THIS SECTION.
  S  25. The business corporation law is amended by adding a new section
1517 to read as follows:
S 1517. POLITICAL CONTRIBUTIONS.
  (A) DEFINITIONS. WHEN USED IN THIS SECTION:
  (1) THE TERM "CONTRIBUTION" MEANS ANY GIFT, SUBSCRIPTION,  OUTSTANDING
LOAN,  ADVANCE,  DEPOSIT  OF  MONEY  OR ANY THING OF VALUE PROVIDED TO A
POLITICAL COMMITTEE, PARTY  COMMITTEE,  CONSTITUTED  COMMITTEE  OR  DULY
CONSTITUTED  SUBCOMMITTEE  OF  A  COUNTY  COMMITTEE,  AS THOSE TERMS ARE
DEFINED IN ARTICLE FOURTEEN OF THE ELECTION LAW,  IN  SUPPORT  OR  OPPO-
SITION  TO A CANDIDATE FOR PUBLIC OR PARTY OFFICE, REFERENDUM, POLITICAL
PARTY, ELECTIONEERING COMMUNICATION OR ANY  COMMUNICATION  MADE  TO  THE
GENERAL  PUBLIC INTENDED TO ENCOURAGE THE PUBLIC TO CONTACT A GOVERNMENT
OFFICIAL, CANDIDATE FOR  PUBLIC  OR  PARTY  OFFICE  OR  POLITICAL  PARTY
REGARDING  PENDING  LEGISLATION,  PUBLIC  POLICY OR A GOVERNMENT RULE OR
REGULATION;
  (2) THE TERM "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE BY  A
PERSON  FOR AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC AUDIENCE
VIA BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION TO A GENER-
AL PUBLIC AUDIENCE VIA  ADVERTISEMENTS,  PAMPHLETS,  CIRCULARS,  FLYERS,
BROCHURES,  LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
MATION CONVEYED TO FIVE HUNDRED OR MORE  MEMBERS  OF  A  GENERAL  PUBLIC
AUDIENCE  BY  COMPUTER  OR OTHER ELECTRONIC DEVICES WHICH: (I) EXPRESSLY
ADVOCATES THE ELECTION OR DEFEAT OF A CLEARLY  IDENTIFIED  CANDIDATE  OR
THE  SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE, THE
CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL  COMMITTEE
FORMED  TO  PROMOTE  THE  SUCCESS  OR DEFEAT OF A BALLOT PROPOSAL OR ITS
AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN  ANY
SUCH  COMMUNICATION.    INDEPENDENT  EXPENDITURES  DO NOT INCLUDE: (I) A
COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY, OR EDITORI-
AL OR DISTRIBUTED THROUGH THE FACILITIES OF  ANY  BROADCASTING  STATION,
CABLE  OR  SATELLITE  UNLESS SUCH PUBLICATION OR FACILITIES ARE OWNED OR
CONTROLLED BY ANY POLITICAL PARTY, POLITICAL COMMITTEE OR CANDIDATE;  OR
(II)  A  COMMUNICATION  THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR
(III) A COMMUNICATION WHICH CONSTITUTES AN EXPENDITURE MADE BY AN ENTITY
REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.
  (B) NOTWITHSTANDING ANY OTHER LIMITS ON  PROFESSIONAL  SERVICE  CORPO-
RATION  CONTRIBUTIONS  TO,  OR EXPENDITURES ON BEHALF OF, CANDIDATES FOR
PUBLIC OR PARTY OFFICE, POLITICAL COMMITTEES, PARTY COMMITTEES OR BALLOT
REFERENDUM,  BEFORE  A  PROFESSIONAL  SERVICE  CORPORATION  MAY  MAKE  A
CONTRIBUTION OR INDEPENDENT EXPENDITURE, THE PROFESSIONAL SERVICE CORPO-
RATION  SHALL, AT LEAST ANNUALLY, OBTAIN THE PRIOR AUTHORIZATION BY VOTE
OF A MAJORITY OF THE SHARES CAST ON SUCH  RESOLUTION  TO  MAKE  CONTRIB-
UTIONS  OR  INDEPENDENT  EXPENDITURES  UP  TO  A STATED AGGREGATE ANNUAL
AMOUNT.
  (C) ANY PROFESSIONAL SERVICE CORPORATION,  EITHER  BY  ITSELF  OR  ITS
SUBSIDIARIES,  MAKING A CONTRIBUTION OR INDEPENDENT EXPENDITURE SHALL AT

S. 8282                            22

LEAST ANNUALLY DISCLOSE TO ITS SHAREHOLDERS AND FILE WITH THE  SECRETARY
OF STATE AN ACCOUNTING OF THE CONTRIBUTIONS AND INDEPENDENT EXPENDITURES
USED FOR SUCH PURPOSES, INCLUDING:
  (1) THE DATE OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (2) THE AMOUNT OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (3)  THE IDENTITY OF THE RECIPIENT OF THE CONTRIBUTION, OR IF AN INDE-
PENDENT EXPENDITURE, THE IDENTITY OF THE  CANDIDATE,  REFERENDUM,  POLI-
TICAL  PARTY, PENDING LEGISLATION, PUBLIC POLICY OR A GOVERNMENT RULE OR
REGULATION SUPPORTED OR OPPOSED; AND
  (4) THE BUSINESS RATIONALE FOR EACH SUCH CONTRIBUTION  OR  INDEPENDENT
EXPENDITURE.
  (D) THE SECRETARY OF STATE SHALL POST EACH PROFESSIONAL SERVICE CORPO-
RATION'S ANNUAL DISCLOSURE ON THE WEBSITE MAINTAINED BY THE SECRETARY OF
STATE.
  (E)  THE ATTORNEY GENERAL MAY COMMENCE AN ACTION OR SPECIAL PROCEEDING
TO ENFORCE THE PROVISIONS OF THIS SECTION.
  S 26. The business corporation law is amended by adding a new  section
1534 to read as follows:
S 1534. POLITICAL CONTRIBUTIONS.
  (A) DEFINITIONS. WHEN USED IN THIS SECTION:
  (1)  THE TERM "CONTRIBUTION" MEANS ANY GIFT, SUBSCRIPTION, OUTSTANDING
LOAN, ADVANCE, DEPOSIT OF MONEY OR ANY THING  OF  VALUE  PROVIDED  TO  A
POLITICAL  COMMITTEE,  PARTY  COMMITTEE,  CONSTITUTED  COMMITTEE OR DULY
CONSTITUTED SUBCOMMITTEE OF A  COUNTY  COMMITTEE,  AS  THOSE  TERMS  ARE
DEFINED  IN  ARTICLE  FOURTEEN  OF THE ELECTION LAW, IN SUPPORT OR OPPO-
SITION TO A CANDIDATE FOR PUBLIC OR PARTY OFFICE, REFERENDUM,  POLITICAL
PARTY,  ELECTIONEERING  COMMUNICATION  OR  ANY COMMUNICATION MADE TO THE
GENERAL PUBLIC INTENDED TO ENCOURAGE THE PUBLIC TO CONTACT A  GOVERNMENT
OFFICIAL,  CANDIDATE  FOR  PUBLIC  OR  PARTY  OFFICE  OR POLITICAL PARTY
REGARDING PENDING LEGISLATION, PUBLIC POLICY OR  A  GOVERNMENT  RULE  OR
REGULATION;
  (2)  THE TERM "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE BY A
PERSON FOR AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC  AUDIENCE
VIA BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION TO A GENER-
AL  PUBLIC  AUDIENCE  VIA  ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS,
BROCHURES, LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR  INFOR-
MATION  CONVEYED  TO  FIVE  HUNDRED  OR MORE MEMBERS OF A GENERAL PUBLIC
AUDIENCE BY COMPUTER OR OTHER ELECTRONIC DEVICES  WHICH:  (I)  EXPRESSLY
ADVOCATES  THE  ELECTION  OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE OR
THE SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE,  THE
CANDIDATE'S  POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL COMMITTEE
FORMED TO PROMOTE THE SUCCESS OR DEFEAT OF  A  BALLOT  PROPOSAL  OR  ITS
AGENTS,  DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN ANY
SUCH COMMUNICATION.   INDEPENDENT EXPENDITURES DO  NOT  INCLUDE:  (I)  A
COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY, OR EDITORI-
AL  OR  DISTRIBUTED  THROUGH THE FACILITIES OF ANY BROADCASTING STATION,
CABLE OR SATELLITE UNLESS SUCH PUBLICATION OR FACILITIES  ARE  OWNED  OR
CONTROLLED  BY ANY POLITICAL PARTY, POLITICAL COMMITTEE OR CANDIDATE; OR
(II) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE  OR  FORUM;  OR
(III) A COMMUNICATION WHICH CONSTITUTES AN EXPENDITURE MADE BY AN ENTITY
REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.
  (B)  NOTWITHSTANDING  ANY OTHER LIMITS ON FOREIGN PROFESSIONAL SERVICE
CORPORATION CONTRIBUTIONS TO, OR EXPENDITURES ON BEHALF  OF,  CANDIDATES
FOR  PUBLIC  OR  PARTY OFFICE, POLITICAL COMMITTEES, PARTY COMMITTEES OR
BALLOT REFERENDUM, BEFORE A FOREIGN PROFESSIONAL SERVICE CORPORATION, AS
DEFINED BY SUBDIVISION (D) OF SECTION  FIFTEEN  HUNDRED  TWENTY-FIVE  OF

S. 8282                            23

THIS  ARTICLE, MAY MAKE A CONTRIBUTION OR INDEPENDENT EXPENDITURE IN NEW
YORK, THE FOREIGN PROFESSIONAL SERVICE CORPORATION SHALL, AT LEAST ANNU-
ALLY, OBTAIN THE PRIOR AUTHORIZATION BY VOTE OF A MAJORITY OF THE SHARES
CAST  ON  SUCH  RESOLUTION TO MAKE CONTRIBUTIONS OR INDEPENDENT EXPENDI-
TURES UP TO A STATED AGGREGATE ANNUAL AMOUNT.
  (C) ANY FOREIGN PROFESSIONAL SERVICE CORPORATION, EITHER BY ITSELF  OR
ITS  SUBSIDIARIES,  MAKING  A CONTRIBUTION OR INDEPENDENT EXPENDITURE IN
NEW YORK SHALL AT LEAST ANNUALLY DISCLOSE TO ITS SHAREHOLDERS  AND  FILE
WITH THE SECRETARY OF STATE AN ACCOUNTING OF THE CONTRIBUTIONS AND INDE-
PENDENT EXPENDITURES USED FOR SUCH PURPOSES, INCLUDING:
  (1) THE DATE OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (2) THE AMOUNT OF THE CONTRIBUTION OR INDEPENDENT EXPENDITURE;
  (3)  THE IDENTITY OF THE RECIPIENT OF THE CONTRIBUTION, OR IF AN INDE-
PENDENT EXPENDITURE, THE IDENTITY OF THE  CANDIDATE,  REFERENDUM,  POLI-
TICAL  PARTY, PENDING LEGISLATION, PUBLIC POLICY OR A GOVERNMENT RULE OR
REGULATION SUPPORTED OR OPPOSED; AND
  (4) THE BUSINESS RATIONALE FOR EACH SUCH CONTRIBUTION  OR  INDEPENDENT
EXPENDITURE.
  (D)  THE  SECRETARY  OF  STATE  SHALL  POST  EACH FOREIGN PROFESSIONAL
SERVICE CORPORATION'S ANNUAL DISCLOSURE ON THE WEB  SITE  MAINTAINED  BY
THE SECRETARY OF STATE.
  (E)  THE ATTORNEY GENERAL MAY COMMENCE AN ACTION OR SPECIAL PROCEEDING
TO ENFORCE THE PROVISIONS OF THIS SECTION.
  S 27. Separability clause. If any clause, sentence, paragraph, section
or part of this act shall be adjudged by any court of  competent  juris-
diction to be invalid, such judgment shall not affect, impair or invali-
date  the  remainder  thereof, but shall be confined in its operation to
the clause,  sentence,  paragraph,  section  or  part  thereof  directly
involved  in  the  controversy  in  which  such judgment shall have been
rendered.
  S 28. This act shall take effect January 1,  2011;  provided,  however
that sections sixteen through twenty-seven of this act shall take effect
August 1, 2010.

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2009-S8282A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Amd El L, generally

2009-S8282A (ACTIVE) - Summary

Provides for state board of elections enforcement unit and counsel; relates to political communications, independent expenditure reporting and enforcement proceeding.

2009-S8282A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8282A

TITLE OF BILL:
An act
to amend the election law, in relation to
providing for a state board of elections enforcement unit and
counsel; in relation to political communication,
independent expenditure reporting, enforcement proceeding and penalties
for violations;
in relation to the content of statements of
campaign receipts, contributions, transfers and expenditures to and by
political committees;
in relation to prohibiting candidates from authorizing more than one
political committee for any one election; and
in relation to political contributions, and
disposition of campaign funds

PURPOSE OR GENERAL IDEA OF BILL:
This legislation would promote compliance with and enforcement of
campaign finance laws and increase transparency and accountability by
requiring additional disclosure of candidate and independent campaign
activities by corporations.

SUMMARY OF SPECIFIC PROVISIONS:
The bill would codify in statute an enforcement unit within the State
Board of Elections (SBOE). Moreover, at least 35 percent of the

SBOE's annual budget would be dedicated to the unit to promote
increased enforcement of campaign finance laws;

Expands the jurisdiction of the enforcement unit and promotes
independence of the enforcement counsel by making the office a 4 year
term, and the office of special counsel, the other legal unit at the
SBOE, a 4 year term and codifies the requirement that the deputy in
each unit be a member of the opposite political party than that of
the counsel;

Changes the way that campaign finance enforcement matters are
processed at the SBOE by requiring three of the four SBOE
commissioners to vote to stop an investigation by the enforcement
counsel, rather than requiring, as current law does, 3 votes to begin
an investigation;

Mandates that all votes to stop an investigation, or to act on the
recommendation of the enforcement counsel after an investigation,
occur in public, as currently all discussion and all determinations
made regarding campaign finance enforcement matters occur in
executive session and not in public.

The bill also promotes compliance with campaign finance laws by:

Increasing the penalty for failure to file from $500 to $1,000;

Creating a substantial new penalty of up to $10,000 for the failure to
file required statements three or more times in an election cycle;
and creating a new penalty for accepting an excess contribution. In
addition to returning the excess, a candidate or committee could be
fined an amount equal to 2 times the excess plus face a civil penalty
up to $10,000.

The bill would also require greater disclosure and transparency of
campaign finance information. specifically, it would:

Define the term "independent expenditures" and require that such
political communications that use such expenditures identify the
source of such funds. violators would be penalized by a civil fine of
up to $1,000 or the cost of the independent expenditure, whichever is
greater;

Mandate that independent expenditures on communications opposing or
supporting a candidate or ballot initiative in excess of $1,000 be
subject to the same filing requirements currently in place for
candidates and political committees;

Prohibit a person, campaign committee or political party from falsely
identifying the source of a political communication;

Require itemization of candidate and political committee credit card
payments and other like payments;

Require that for contributions over $500, the occupation and employer
of the contributor be disclosed;

Prohibit candidates from authorizing more than one political campaign
committee in anyone election cycle. Under current law candidates can
have as many campaign committees as they so choose, making it hard to
track donations and contributors. This section of the bill would not
apply to exploratory committees;

Add Limited Liability Companies ("LLCS") to section 14-116 of the
election law to provide that LLCs have the same $5,000 limit for
making contributions to candidates, parties and political committees
per year, as corporations currently do. Under current law LLCs are
treated as natural persons for purposes of campaign contribution
limits and as such, subject to a campaign contribution limit of
$150,000;

Establish a comprehensive framework for the winding down of campaign
committees. Current law does not require campaign committees to
dispose of funds within a set timeframe. Hypothetically, a committee
could continue transferring and making contributions for another
twenty years after an elected official has died or left office. Under
this section of the bill an authorized committee would have four
years to fully dispose of campaign monies upon the later of: (a) the
end of the individual's most recent term in office; (b) the date of

the election in which the individual last was a filed candidate; or
(c) upon conviction of a felony;

Responds to the U.S. Supreme Court decision in citizens United vs.
F.E.C. by requiring corporations via a meeting of shareholders on an
annual basis or more to vote to authorize such corporation to make
contributions or independent expenditures on behalf of itself.

JUSTIFICATION:
The bill would promote compliance with campaign finance laws by
increasing current penalties and creating new penalties for
violations of campaign finance laws.

It would also promote transparency and accountability by requiring the
disclosure of additional information regarding political committee
activities and, for the first time, requiring the identification of
the source of, and the filing of statements about, independent
expenditures made in an election. The bill would require the SBOE to
vote on campaign finance matters in public for the first time to
allow the public to evaluate the effectiveness of campaign finance
laws and increase the public's confidence in our electoral system.

Passage of the bill is needed to help strengthen our current ethics
and campaign finance laws, and by so doing help to improve compliance
with the standards of conduct, legal and ethical, to which all of New
York's public servants should be held.

PRIOR LEGISLATIVE HISTORY:
This is a new bill. Similar legislation (S.6457) which contained parts
of this bill passed the Senate earlier this year and was subsequently
vetoed by the Governor.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect January 1, 2011; provided however that
sections sixteen through twenty-seven of this act shall take
effect August 1, 2010.

2009-S8282A (ACTIVE) - Bill Text download pdf

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

                                 8282--A

                            I N  S E N A T E

                              June 20, 2010
                               ___________

Introduced  by  Sens.  SAMPSON, ADDABBO, BRESLIN, KRUEGER, SCHNEIDERMAN,
  SQUADRON -- 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  commit-
  tee

AN  ACT  to amend the election law, in relation to providing for a state
  board of elections enforcement unit and counsel; in relation to  poli-
  tical  communication,  independent  expenditure reporting, enforcement
  proceeding and penalties for violations; in relation to the content of
  statements of campaign receipts, contributions, transfers and expendi-
  tures to and by  political  committees;  in  relation  to  prohibiting
  candidates  from authorizing more than one political committee for any
  one election; and in relation to political contributions, and disposi-
  tion of campaign funds

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

  Section  1.  Subdivision  3  of  section 3-100 of the election law, as
amended by chapter 220 of the laws  of  2005,  is  amended  to  read  as
follows:
  3.  The  commissioners  of  the state board of elections shall have no
other public employment. The commissioners shall receive an annual sala-
ry of twenty-five thousand dollars, within the  amounts  made  available
therefor by appropriation. The board shall, for the purposes of sections
seventy-three  and  seventy-four of the public officers law, be a "state
agency", and such commissioners shall be "officers" of the  state  board
of  elections for the purposes of such sections. Within the amounts made
available by appropriation therefor, the state board of elections  shall
appoint  two co-executive directors, [counsel] AN ENFORCEMENT COUNSEL, A
DEPUTY ENFORCEMENT COUNSEL, WHO SHALL BE A MEMBER OF A  DIFFERENT  MAJOR
POLITICAL PARTY THAN THE ENFORCEMENT COUNSEL, A SPECIAL COUNSEL, A DEPU-
TY SPECIAL COUNSEL, WHO SHALL BE A MEMBER OF A DIFFERENT MAJOR POLITICAL
PARTY  THAN  THE  SPECIAL  COUNSEL, A DIRECTOR OF ELECTION OPERATIONS, A
DEPUTY DIRECTOR OF ELECTION OPERATIONS, WHO  SHALL  BE  A  MEMBER  OF  A
DIFFERENT  MAJOR  POLITICAL  PARTY  THAN  THE DIRECTOR OF ELECTION OPER-

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

                                                           LBD17748-04-0

S. 8282--A                          2

ATIONS, A DIRECTOR OF PUBLIC INFORMATION, A DEPUTY  DIRECTOR  OF  PUBLIC
INFORMATION,  WHO SHALL BE A MEMBER OF A DIFFERENT MAJOR POLITICAL PARTY
THAN THE DIRECTOR OF PUBLIC INFORMATION and such other staff members  as
are  necessary  in  the  exercise  of  its  functions, and may fix their
compensation. [Anytime after the effective date of the  chapter  of  the
laws  of  two  thousand  five  which  amended this subdivision, the] THE
commissioners or, in the case of a vacancy on the board, the commission-
er of each of the major political parties shall appoint one co-executive
director. Each co-executive director shall serve a term of  four  years.
THE  ENFORCEMENT COUNSEL AND THE SPECIAL COUNSEL SHALL EACH SERVE A TERM
OF FOUR YEARS AND MAY ONLY BE REMOVED FOR CAUSE.   ANY  TIME  AFTER  THE
EFFECTIVE  DATE  OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TEN AMENDING
THIS SUBDIVISION, THE COMMISSIONERS, OR IN THE CASE OF A VACANCY ON  THE
BOARD,  THE  COMMISSIONER,  OF EACH OF THE SAME MAJOR POLITICAL PARTY AS
THE INCUMBENT ENFORCEMENT COUNSEL, DEPUTY ENFORCEMENT  COUNSEL,  SPECIAL
COUNSEL, DEPUTY SPECIAL COUNSEL, DIRECTOR OF ELECTION OPERATIONS, DEPUTY
DIRECTOR  OF  ELECTION  OPERATIONS,  DIRECTOR  OF PUBLIC INFORMATION AND
DEPUTY DIRECTOR OF PUBLIC  INFORMATION,  SHALL  APPOINT  SUCH  COUNSELS,
DIRECTORS AND DEPUTIES. Any vacancy in the office of co-executive direc-
tor,  ENFORCEMENT  COUNSEL, DEPUTY ENFORCEMENT COUNSEL, SPECIAL COUNSEL,
DEPUTY SPECIAL COUNSEL, DIRECTOR OF ELECTION OPERATIONS, DEPUTY DIRECTOR
OF ELECTION OPERATIONS, DIRECTOR OF PUBLIC INFORMATION AND DEPUTY DIREC-
TOR OF PUBLIC INFORMATION, shall be filled by the commissioners  or,  in
the  case  of a vacancy on the board, the commissioner of the same major
political party as the vacating incumbent for the  remaining  period  of
the  term  of  such  vacating incumbent, FOR THE REMAINING PERIOD OF THE
TERM OF SUCH VACATING INCUMBENT.
  S 2. Subdivision 3, paragraph (c) of subdivision 9-A  and  subdivision
17  of  section  3-102  of  the  election  law, subdivisions 3 and 17 as
amended by chapter 9 of the laws of 1978, paragraph (c)  of  subdivision
9-A  as  added  by chapter 430 of the laws of 1997 and subdivision 17 as
renumbered by chapter 23 of the laws of 2005, are  amended  to  read  as
follows:
  3.  conduct any investigation necessary to carry out the provisions of
this chapter, PROVIDED, HOWEVER,  THAT  THE  STATE  BOARD  OF  ELECTIONS
ENFORCEMENT COUNSEL, ESTABLISHED PURSUANT TO SECTION 3-104 OF THIS ARTI-
CLE, SHALL CONDUCT ANY INVESTIGATION NECESSARY TO ENFORCE THE PROVISIONS
OF ARTICLE FOURTEEN OF THIS CHAPTER ON BEHALF OF THE BOARD OF ELECTIONS;
  (c) establish [a] AN EDUCATIONAL AND training program on ALL REPORTING
REQUIREMENTS INCLUDING BUT NOT LIMITED TO the electronic reporting proc-
ess  and  make  it EASILY AND READILY available to any such candidate or
committee AND NOTIFY ANY SUCH CANDIDATE OR COMMITTEE OF THE AVAILABILITY
OF THE MOST RECENT CAMPAIGN FINANCE HANDBOOK;
  17.   HEAR AND CONSIDER THE RECOMMENDATIONS  OF  THE  STATE  BOARD  OF
ELECTIONS ENFORCEMENT COUNSEL REGARDING THE ENFORCEMENT OF VIOLATIONS OF
ARTICLE FOURTEEN OF THIS CHAPTER;
  18.  perform  such  other  acts  as  may be necessary to carry out the
purposes of this chapter.
  S 3. Section 3-104 of the election law, subdivisions 1, 3, 4 and 5  as
redesignated  and  subdivision  2 as amended by chapter 9 of the laws of
1978, is amended to read as follows:
  S 3-104. State board of elections AND THE  STATE  BOARD  OF  ELECTIONS
ENFORCEMENT  COUNSEL;  enforcement powers.  1. (A) THERE SHALL BE A UNIT
KNOWN AS THE STATE BOARD OF ELECTIONS ENFORCEMENT UNIT ESTABLISHED WITH-
IN THE STATE BOARD OF ELECTIONS. THE HEAD OF  SUCH  UNIT  SHALL  BE  THE
ENFORCEMENT COUNSEL.

S. 8282--A                          3

  (B)  The  state  board of elections shall have jurisdiction of, and be
responsible for, the execution and  enforcement  of  the  provisions  of
[article   fourteen  of  this  chapter  and  other]  statutes  governing
campaigns, elections and related procedures; PROVIDED HOWEVER  THAT  THE
ENFORCEMENT  COUNSEL SHALL HAVE SOLE AUTHORITY WITHIN THE STATE BOARD OF
ELECTIONS TO INVESTIGATE ON HIS OR HER OWN INITIATIVE OR UPON COMPLAINT,
ALLEGED  VIOLATIONS  OF  ARTICLE  FOURTEEN  OF  THIS  CHAPTER  AND   ALL
COMPLAINTS  ALLEGING  ARTICLE  FOURTEEN VIOLATIONS SHALL BE FORWARDED TO
THE ENFORCEMENT UNIT. NOTHING IN THIS  SECTION  SHALL  BE  CONSTRUED  TO
DIMINISH OR ALTER THE STATE BOARD OF ELECTIONS' JURISDICTION PURSUANT TO
THIS CHAPTER.
  2.  Whenever  [the state board of elections or other] A LOCAL board of
elections shall determine, on its own initiative or upon  complaint,  or
otherwise,  that  there  is substantial reason to believe a violation of
this chapter or  any  code  or  regulation  promulgated  thereunder  has
[occurred]  BEEN  COMMITTED  BY  A CANDIDATE OR POLITICAL COMMITTEE THAT
FILES STATEMENTS OR IS REQUIRED TO DO SO PURSUANT TO ARTICLE FOURTEEN OF
THIS CHAPTER SOLELY WITH SUCH LOCAL BOARD, it shall  expeditiously  make
an  investigation  which shall also include investigation of reports and
statements made or failed to be made by the complainant  and  any  poli-
tical  committee supporting his candidacy if the complainant is a candi-
date or, if the complaint was made by an officer or member  of  a  poli-
tical  committee, of reports and statements made or failed to be made by
such political committee and any candidates supported by it. [The  state
board  of elections, in lieu of making such an investigation, may direct
the appropriate board of elections to make an investigation.] The  state
board of elections may request, and shall receive, the assistance of the
state police in any investigation it shall conduct.
  3.  [If, after an investigation, the state or other board of elections
finds reasonable cause to believe that a violation  warranting  criminal
prosecution  has taken place, it shall forthwith refer the matter to the
district attorney of the appropriate county and shall make available  to
such  district  attorney  all  relevant papers, documents, testimony and
findings relevant to its investigation.
  4. The state or other  board  of  elections  may,  where  appropriate,
commence  a judicial proceeding with respect to the filing or failure to
file any statement of receipts, expenditures,  or  contributions,  under
the  provisions  of  this  chapter, and the state board of elections may
direct the  appropriate  other  board  of  elections  to  commence  such
proceeding.
  5.]   IF THE ENFORCEMENT COUNSEL DETERMINES THAT A VIOLATION OF SUBDI-
VISION ONE OF SECTION 14-126 OF THIS CHAPTER HAS  OCCURRED  WHICH  COULD
WARRANT  A CIVIL PENALTY, THE ENFORCEMENT COUNSEL SHALL, UPON HIS OR HER
DISCRETION, SEEK TO RESOLVE THE MATTER EXTRA-JUDICIALLY  OR  COMMENCE  A
SPECIAL  PROCEEDING  IN  THE SUPREME COURT PURSUANT TO SECTION 16-114 OF
THIS CHAPTER.
  4. UPON RECEIPT OF A COMPLAINT AND SUPPORTING INFORMATION OR AN INTER-
NAL REFERRAL FROM THE ENFORCEMENT UNIT ALLEGING ANY OTHER  VIOLATION  OF
ARTICLE  FOURTEEN OF THIS CHAPTER, THE ENFORCEMENT COUNSEL SHALL ANALYZE
THE FACTS AND THE LAW RELEVANT TO SUCH COMPLAINT OR REFERRAL  TO  DETER-
MINE  IF  AN INVESTIGATION SHOULD BE UNDERTAKEN. THE ENFORCEMENT COUNSEL
SHALL, IF NECESSARY, REQUEST ADDITIONAL INFORMATION FROM THE COMPLAINANT
TO ASSIST SUCH COUNSEL IN MAKING THIS DETERMINATION. SUCH ANALYSIS SHALL
INCLUDE THE FOLLOWING: FIRST, WHETHER THE ALLEGATIONS,  IF  TRUE,  WOULD
CONSTITUTE  A VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER AND, SECOND,
WHETHER THE ALLEGATIONS ARE SUPPORTED BY CREDIBLE EVIDENCE.

S. 8282--A                          4

  5.  IF  THE  ENFORCEMENT  COUNSEL  DETERMINES  THAT  THE   ALLEGATIONS
CONTAINED  IN  A COMPLAINT, IF TRUE, WOULD NOT CONSTITUTE A VIOLATION OF
ARTICLE FOURTEEN OF  THIS  CHAPTER  OR  THAT  THE  ALLEGATIONS  ARE  NOT
SUPPORTED  BY  CREDIBLE EVIDENCE, HE OR SHE SHALL: (A) NOTIFY THE DEPUTY
ENFORCEMENT  COUNSEL  OF  SUCH DETERMINATION AND (B) PUBLICLY NOTIFY THE
STATE BOARD OF ELECTIONS OF SUCH DETERMINATION. IF THE  STATE  BOARD  OF
ELECTIONS PUBLICLY DETERMINES, AS PROVIDED IN THIS TITLE, THAT THE ALLE-
GATIONS,  IF  TRUE,  WOULD CONSTITUTE A VIOLATION OF ARTICLE FOURTEEN OF
THIS CHAPTER AND THAT THE ALLEGATIONS APPEAR TO BE SUPPORTED BY CREDIBLE
EVIDENCE, IT SHALL DIRECT THAT THE ENFORCEMENT COUNSEL CONDUCT AN INVES-
TIGATION. LACKING SUCH A DETERMINATION, THE  ENFORCEMENT  COUNSEL  SHALL
ISSUE A LETTER TO THE COMPLAINANT DISMISSING THE COMPLAINT.
  6.  IF  THE  ENFORCEMENT  COUNSEL  DETERMINES THAT THE ALLEGATIONS, IF
TRUE, WOULD CONSTITUTE A VIOLATION OF ARTICLE FOURTEEN OF  THIS  CHAPTER
AND THAT THE ALLEGATIONS APPEAR TO BE SUPPORTED BY CREDIBLE EVIDENCE, HE
OR  SHE  SHALL:  (A) NOTIFY THE DEPUTY ENFORCEMENT COUNSEL OF (I) HIS OR
HER INTENT TO RESOLVE THE MATTER EXTRA-JUDICIALLY DUE TO THE DE  MINIMUS
NATURE OF THE VIOLATION; OR (II) HIS OR HER INTENT TO COMMENCE AN INVES-
TIGATION,  AND  (B) PUBLICLY NOTIFY THE STATE BOARD OF ELECTIONS OF SUCH
INTENT NO LATER THAN  THE  BOARD'S  NEXT  REGULARLY  SCHEDULED  MEETING.
NOTIFICATION  SHALL  SUMMARIZE THE RELEVANT FACTS AND THE APPLICABLE LAW
AND SHALL, TO THE EXTENT POSSIBLE, PROTECT FROM  PUBLIC  DISCLOSURE  THE
IDENTITY OF THE COMPLAINANT AND THE INDIVIDUAL SUBJECT TO THE COMPLAINT.
THE  DEPUTY ENFORCEMENT COUNSEL SHALL HAVE THE OPPORTUNITY TO REVIEW THE
ENTIRE FILE OF ANY PRELIMINARY INVESTIGATION CONDUCTED BY  THE  ENFORCE-
MENT  COUNSEL  A  MINIMUM  OF TEN DAYS PRIOR TO SAID REGULARLY SCHEDULED
MEETING OF THE BOARD AND TO SUBMIT A PUBLIC, WRITTEN CONCURRENCE WITH OR
DISSENT FROM THE ENFORCEMENT COUNSEL'S PROPOSAL.
  7. IF, UPON CONSIDERING THE ENFORCEMENT COUNSEL'S NOTICE OF INTENT  TO
COMMENCE AN INVESTIGATION AND THE DEPUTY ENFORCEMENT COUNSEL'S RECOMMEN-
DATION,  THE  STATE BOARD OF ELECTIONS BELIEVES THAT THE ALLEGATIONS, IF
TRUE, WOULD NOT CONSTITUTE A VIOLATION OF ARTICLE FOURTEEN OF THIS CHAP-
TER, OR THE ALLEGATIONS ARE NOT SUPPORTED BY CREDIBLE EVIDENCE OR,  THAT
ON  BALANCE,  THE EQUITIES FAVOR A DISMISSAL OF THE COMPLAINT, THE BOARD
SHALL PUBLICLY DIRECT THAT AN INVESTIGATION NOT BE UNDERTAKEN  NO  LATER
THAN  SIXTY  DAYS AFTER THE RECEIPT OF NOTIFICATION FROM THE ENFORCEMENT
COUNSEL OF HIS OR HER INTENT TO COMMENCE AN INVESTIGATION. IN  DETERMIN-
ING  WHETHER  THE EQUITIES FAVOR A DISMISSAL OF THE COMPLAINT, THE STATE
BOARD OF ELECTIONS SHALL CONSIDER THE FOLLOWING FACTORS: (A) WHETHER THE
COMPLAINT ALLEGES A DE MINIMUS VIOLATION OF  ARTICLE  FOURTEEN  OF  THIS
CHAPTER;  (B) WHETHER THE SUBJECT OF THE COMPLAINT HAS MADE A GOOD FAITH
EFFORT TO CORRECT THE VIOLATION; AND (C)  WHETHER  THE  SUBJECT  OF  THE
COMPLAINT  HAS  A  HISTORY OF SIMILAR VIOLATIONS.  DETERMINATIONS OF THE
STATE BOARD OF ELECTIONS TO DISMISS A COMPLAINT AND NOT PROCEED  WITH  A
FORMAL INVESTIGATION SHALL BE VOTED UPON AS PROVIDED IN SUBDIVISION FOUR
OF  SECTION  3-100  OF THIS TITLE AT AN OPEN MEETING PURSUANT TO ARTICLE
SEVEN OF THE PUBLIC OFFICERS LAW, AND SHALL BE MADE ON A FAIR AND  EQUI-
TABLE  BASIS  AND  WITHOUT  REGARD  TO  THE STATUS OF THE SUBJECT OF THE
COMPLAINT.
  8. ABSENT A TIMELY DETERMINATION BY THE STATE BOARD OF ELECTIONS  THAT
AN  INVESTIGATION SHALL NOT BE UNDERTAKEN, THE ENFORCEMENT COUNSEL SHALL
COMMENCE AN INVESTIGATION ON A TIMELY BASIS. IF THE ENFORCEMENT  COUNSEL
DETERMINES  THAT  ADDITIONAL  INVESTIGATIVE  POWERS,  AS PROVIDED FOR IN
SUBDIVISIONS FOUR, FIVE AND SIX OF SECTION  3-102  OF  THIS  TITLE,  ARE
NEEDED  TO COMPLETE THE COUNSEL'S INVESTIGATION, HE OR SHE SHALL REQUEST
SUCH ADDITIONAL POWERS FROM THE STATE BOARD OF  ELECTIONS.  SUCH  POWERS

S. 8282--A                          5

SHALL  BE  GRANTED BY THE BOARD IN PUBLIC ONLY WHEN THE BOARD FINDS THAT
FURTHER INVESTIGATION IS WARRANTED AND JUSTIFIED.
  9.  AT  THE  CONCLUSION  OF ITS INVESTIGATION, THE ENFORCEMENT COUNSEL
SHALL PROVIDE THE DEPUTY ENFORCEMENT COUNSEL  AND  THE  STATE  BOARD  OF
ELECTIONS  WITH  A WRITTEN RECOMMENDATION AS TO: (A) WHETHER SUBSTANTIAL
REASON EXISTS TO BELIEVE A VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER
HAS OCCURRED AND, IF SO, THE NATURE OF THE VIOLATION AND ANY  APPLICABLE
PENALTY,  AS  DEFINED  IN  SECTION  14-126 OF THIS CHAPTER, BASED ON THE
NATURE OF THE VIOLATION; (B)  WHETHER  THE  MATTER  SHOULD  BE  RESOLVED
EXTRA-JUDICIALLY;  (C)  WHETHER A SPECIAL PROCEEDING SHOULD BE COMMENCED
IN THE SUPREME COURT TO RECOVER A  CIVIL  PENALTY;  AND  (D)  WHETHER  A
REFERRAL  SHOULD  BE MADE TO A DISTRICT ATTORNEY PURSUANT TO SUBDIVISION
ELEVEN OF THIS SECTION BECAUSE REASONABLE  CAUSE  EXISTS  TO  BELIEVE  A
VIOLATION  WARRANTING  CRIMINAL  PROSECUTION HAS TAKEN PLACE. THE DEPUTY
ENFORCEMENT COUNSEL SHALL HAVE THE OPPORTUNITY TO REVIEW THE ENTIRE FILE
OF ANY INVESTIGATION CONDUCTED BY THE ENFORCEMENT COUNSEL A  MINIMUM  OF
TEN  DAYS  PRIOR TO SAID REGULARLY SCHEDULED MEETING OF THE BOARD AND TO
SUBMIT A PUBLIC, WRITTEN CONCURRENCE WITH OR DISSENT FROM  THE  ENFORCE-
MENT COUNSEL'S RECOMMENDATION.
  10.  THE  STATE  BOARD OF ELECTIONS SHALL ACCEPT, MODIFY OR REJECT THE
ENFORCEMENT COUNSEL'S RECOMMENDATION NO  LATER  THAN  SIXTY  DAYS  AFTER
RECEIPT  OF  SUCH RECOMMENDATION. IN MAKING ITS DETERMINATION, THE BOARD
SHALL AGAIN CONSIDER: (A) WHETHER THE COMPLAINT  ALLEGES  A  DE  MINIMUS
VIOLATION  OF  ARTICLE FOURTEEN OF THIS CHAPTER; (B) WHETHER THE SUBJECT
OF THE COMPLAINT HAS MADE A GOOD FAITH EFFORT TO CORRECT THE  VIOLATION;
AND  (C)  WHETHER  THE SUBJECT OF THE COMPLAINT HAS A HISTORY OF SIMILAR
VIOLATIONS. ALL SUCH DETERMINATIONS SHALL BE VOTED UPON AS  PROVIDED  IN
SUBDIVISION  FOUR  OF  SECTION  3-100  OF  THIS TITLE AT AN OPEN MEETING
PURSUANT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW, AND SHALL BE  MADE
ON  A  FAIR  AND  EQUITABLE  BASIS,  WITHOUT REGARD TO THE STATUS OF THE
SUBJECT OF THE COMPLAINT.
  11. (A) IF THE STATE BOARD OF ELECTIONS  DETERMINES,  AS  PROVIDED  IN
SUBDIVISION  TEN  OF  THIS  SECTION,  THAT  SUBSTANTIAL REASON EXISTS TO
BELIEVE THAT A PERSON, ACTING AS OR ON BEHALF OF A  CANDIDATE  OR  POLI-
TICAL  COMMITTEE  UNDER CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE SUCH
LAW, HAS UNLAWFULLY ACCEPTED A CONTRIBUTION IN EXCESS OF A  CONTRIBUTION
LIMITATION  ESTABLISHED IN ARTICLE FOURTEEN OF THIS CHAPTER, WHICH COULD
WARRANT A CIVIL PENALTY AS PROVIDED FOR IN SUBDIVISION FOUR  OF  SECTION
14-126  OF  THIS  CHAPTER,  THE BOARD SHALL DIRECT THE COMMENCEMENT OF A
SPECIAL PROCEEDING IN THE SUPREME COURT.
  (B) IF THE STATE BOARD OF ELECTIONS DETERMINES, AS PROVIDED IN  SUBDI-
VISION  TEN  OF  THIS  SECTION THAT REASONABLE CAUSE EXISTS TO BELIEVE A
VIOLATION WARRANTING CRIMINAL PROSECUTION HAS  TAKEN  PLACE,  THE  BOARD
SHALL  REFER  THE MATTER TO A DISTRICT ATTORNEY AND SHALL MAKE AVAILABLE
TO SUCH DISTRICT ATTORNEY ALL PAPERS, DOCUMENTS, TESTIMONY AND  FINDINGS
RELEVANT TO ITS INVESTIGATION.
  12.  UPON NOTIFICATION THAT A SPECIAL PROCEEDING HAS BEEN COMMENCED BY
A PARTY OTHER THAN THE STATE BOARD OF  ELECTIONS,  PURSUANT  TO  SECTION
16-114  OF  THIS  CHAPTER, THE STATE BOARD OF ELECTIONS SHALL DIRECT THE
ENFORCEMENT COUNSEL TO INVESTIGATE THE ALLEGED VIOLATIONS UNLESS  OTHER-
WISE DIRECTED BY THE COURT.
  13.  THE ENFORCEMENT COUNSEL SHALL PREPARE A REPORT, TO BE INCLUDED IN
THE ANNUAL REPORT TO  THE  GOVERNOR  AND  LEGISLATURE,  SUMMARIZING  THE
ACTIVITIES  OF  THE  UNIT  DURING  THE  PREVIOUS YEAR. SUCH REPORT SHALL
INCLUDE: (A) THE NUMBER  OF  COMPLAINTS  RECEIVED;  (B)  THE  NUMBER  OF
COMPLAINTS  THAT WERE FOUND TO NEED INVESTIGATION AND THE NATURE OF EACH

S. 8282--A                          6

COMPLAINT; AND (C) THE NUMBER OF MATTERS THAT HAVE BEEN RESOLVED.    THE
REPORT  SHALL  NOT  CONTAIN  ANY INFORMATION FOR WHICH DISCLOSURE IS NOT
PERMITTED.
  14.  The state board of elections may promulgate rules and regulations
consistent with law to effectuate the provisions of this section.
  S 4. The state of New York shall appropriate during each  fiscal  year
to the New York state board of elections enforcement unit, not less than
thirty-five percent of the appropriation available from the general fund
for  the  state  board  of  elections  to  pay  for the expenses of such
enforcement unit.
  S 5. Section 14-100 of the election law is amended by adding three new
subdivisions 12, 13, 14 and 15 to read as follows:
  12. "CLEARLY IDENTIFIED CANDIDATE" MEANS THAT:
  (A) THE NAME OF THE CANDIDATE INVOLVED APPEARS;
  (B) A PHOTOGRAPH OR DRAWING OF THE CANDIDATE APPEARS; OR
  (C) THE IDENTITY OF THE CANDIDATE IS APPARENT  BY  UNAMBIGUOUS  REFER-
ENCE.
  13. "GENERAL PUBLIC AUDIENCE" MEANS AN AUDIENCE COMPOSED OF MEMBERS OF
THE  PUBLIC,  INCLUDING  A  TARGETED  SUBGROUP OF MEMBERS OF THE PUBLIC;
PROVIDED, HOWEVER, IT DOES NOT MEAN  AN  AUDIENCE  SOLELY  COMPRISED  OF
MEMBERS,  RETIREES  AND STAFF OF A LABOR ORGANIZATION OR THEIR IMMEDIATE
FAMILY MEMBERS OR AN AUDIENCE SOLELY COMPRISED OF EMPLOYEES OF A  CORPO-
RATION,  UNINCORPORATED  BUSINESS ENTITY OR MEMBERS OF A BUSINESS, TRADE
OR PROFESSIONAL ASSOCIATION OR ORGANIZATION.
  14. "LABOR ORGANIZATION" MEANS ANY  ORGANIZATION  OF  ANY  KIND  WHICH
EXISTS  FOR  THE PURPOSE, IN WHOLE OR IN PART, OF REPRESENTING EMPLOYEES
EMPLOYED WITHIN THE STATE OF NEW  YORK  IN  DEALING  WITH  EMPLOYERS  OR
EMPLOYER  ORGANIZATIONS  OR WITH A STATE GOVERNMENT, OR ANY POLITICAL OR
CIVIL SUBDIVISION OR OTHER AGENCY THEREOF, CONCERNING TERMS  AND  CONDI-
TIONS  OF EMPLOYMENT, GRIEVANCES, LABOR DISPUTES, OR OTHER MATTERS INCI-
DENTAL TO THE EMPLOYMENT RELATIONSHIP.  FOR THE PURPOSES OF  THIS  ARTI-
CLE, EACH LOCAL, PARENT NATIONAL OR PARENT INTERNATIONAL ORGANIZATION OF
A  STATEWIDE LABOR ORGANIZATION, AND EACH STATEWIDE FEDERATION RECEIVING
DUES FROM SUBSIDIARY LABOR ORGANIZATIONS, SHALL BE CONSIDERED A SEPARATE
LABOR ORGANIZATION.
  15. "POLITICAL ISSUE COMMUNICATION" MEANS ANY COMMUNICATION MADE TO  A
GENERAL  PUBLIC AUDIENCE AND INTENDED TO ENCOURAGE THE PUBLIC TO CONTACT
A GOVERNMENT OFFICIAL, CANDIDATE FOR PUBLIC OFFICE OR PARTY POSITION  OR
A  POLITICAL  PARTY  REGARDING  PENDING  LEGISLATION, PUBLIC POLICY OR A
GOVERNMENT RULE OR REGULATION.
  S 6. Section 14-106 of the election law, as amended by  chapter  8  of
the laws of 1978, is amended to read as follows:
  S 14-106. Political [advertisements and literature] COMMUNICATION.  1.
The statements required to be filed under the provisions of this article
next succeeding a primary, general or special election shall be accompa-
nied by a [facsimile or] copy of all BROADCAST, CABLE OR SATELLITE SCHE-
DULES   AND   SCRIPTS,  advertisements,  pamphlets,  circulars,  flyers,
brochures, letterheads and other printed matter  purchased  or  produced
[and a schedule of all radio or television time, and scripts used there-
in],  AND  REPRODUCTIONS  OF  STATEMENTS OR INFORMATION CONVEYED TO FIVE
HUNDRED OR MORE MEMBERS OF A GENERAL  PUBLIC  AUDIENCE  BY  COMPUTER  OR
OTHER  ELECTRONIC  DEVICE, purchased in connection with such election by
or under the authority of the person filing the statement or the commit-
tee or the person on whose behalf it is filed, as the case may be.  Such
[facsimiles,]  copies,  schedules  and scripts shall be preserved by the

S. 8282--A                          7

officer with whom or the board with which it is required to be filed for
a period of one year from the date of filing thereof.
  2. NO PERSON, POLITICAL PARTY OR COMMITTEE SHALL, DURING THE COURSE OF
ANY  CAMPAIGN FOR NOMINATION OR ELECTION TO PUBLIC OFFICE OR PARTY POSI-
TION, PREPARE OR DISTRIBUTE ANY  POLITICAL  COMMUNICATION  THAT  FALSELY
IDENTIFIES THE SOURCE OF SUCH COMMUNICATION.
  S  7.  The  election  law is amended by adding a new section 14-107 to
read as follows:
  S 14-107. INDEPENDENT EXPENDITURE REPORTING. 1. FOR PURPOSES  OF  THIS
ARTICLE:
  (A)  "INDEPENDENT  EXPENDITURE"  MEANS AN EXPENDITURE MADE BY A PERSON
FOR AN AUDIO OR VIDEO COMMUNICATION TO A  GENERAL  PUBLIC  AUDIENCE  VIA
BROADCAST,  CABLE  OR  SATELLITE OR A WRITTEN COMMUNICATION TO A GENERAL
PUBLIC  AUDIENCE  VIA  ADVERTISEMENTS,  PAMPHLETS,  CIRCULARS,   FLYERS,
BROCHURES,  LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
MATION CONVEYED TO FIVE HUNDRED OR MORE  MEMBERS  OF  A  GENERAL  PUBLIC
AUDIENCE  BY  COMPUTER  OR OTHER ELECTRONIC DEVICES WHICH: (I) EXPRESSLY
ADVOCATES THE ELECTION OR DEFEAT OF A CLEARLY  IDENTIFIED  CANDIDATE  OR
THE  SUCCESS  OR  DEFEAT  OF A BALLOT PROPOSAL AND (II) A CANDIDATE, THE
CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL  COMMITTEE
FORMED  TO  PROMOTE  THE  SUCCESS  OR DEFEAT OF A BALLOT PROPOSAL OR ITS
AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN  ANY
SUCH COMMUNICATION.
  (B) INDEPENDENT EXPENDITURES DO NOT INCLUDE:
  (I)  A  WRITTEN  NEWS STORY, COMMENTARY, OR EDITORIAL OR A NEWS STORY,
COMMENTARY, OR EDITORIAL  DISTRIBUTED  THROUGH  THE  FACILITIES  OF  ANY
BROADCASTING  STATION,  CABLE  OR  SATELLITE  UNLESS SUCH PUBLICATION OR
FACILITIES ARE OWNED OR CONTROLLED BY  ANY  POLITICAL  PARTY,  POLITICAL
COMMITTEE OR CANDIDATE; OR
  (II) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR
  (III)  A  COMMUNICATION  WHICH  CONSTITUTES  AN EXPENDITURE MADE BY AN
ENTITY REQUIRED TO REPORT SUCH EXPENDITURE WITH  A  BOARD  OF  ELECTIONS
PURSUANT TO SECTIONS 14-102 AND 14-104 OF THIS ARTICLE.
  (C) FOR PURPOSES OF THIS SECTION, THE TERM "PERSON" SHALL MEAN PERSON,
GROUP  OF  PERSONS,  CORPORATION,  UNINCORPORATED BUSINESS ENTITY, LABOR
ORGANIZATION OR BUSINESS, TRADE OR PROFESSIONAL ASSOCIATION OR ORGANIZA-
TION.
  2. WHENEVER ANY PERSON MAKES AN INDEPENDENT EXPENDITURE  OR  POLITICAL
ISSUE  COMMUNICATION  THAT  COSTS  MORE THAN ONE THOUSAND DOLLARS IN THE
AGGREGATE, SUCH COMMUNICATION SHALL CLEARLY STATE THE NAME OF THE PERSON
WHO PAID FOR, OR OTHERWISE PUBLISHED OR DISTRIBUTED,  THE  COMMUNICATION
AND  STATE,  WHETHER  SUCH  PERSON HAS RECEIVED PRIOR AUTHORIZATION BY A
MAJORITY OF THE SHARES CAST OR MEMBERS VOTING TO MAKE  SUCH  INDEPENDENT
EXPENDITURE  WITH  RESPECT  TO COMMUNICATIONS REGARDING CANDIDATES, THAT
THE COMMUNICATION IS NOT AUTHORIZED BY ANY  CANDIDATE,  ANY  CANDIDATE'S
POLITICAL COMMITTEE OR ANY OF ITS AGENTS.
  3.  (A) ANY PERSON WHICH MAKES INDEPENDENT EXPENDITURES THAT COST MORE
THAN ONE THOUSAND DOLLARS IN THE AGGREGATE SHALL REPORT SUCH INDEPENDENT
EXPENDITURES TO THE STATE BOARD OF ELECTIONS ON STATEMENTS  AS  PROVIDED
FOR IN SECTION 14-108 OF THIS ARTICLE.
  (B)  ANY  INDEPENDENT  EXPENDITURE  THAT  COSTS MORE THAN ONE THOUSAND
DOLLARS AND IS MADE AFTER THE CLOSE OF THE PERIOD TO BE COVERED  IN  THE
LAST  STATEMENT  FILED  BEFORE ANY PRIMARY, GENERAL OR SPECIAL ELECTION,
BUT BEFORE SUCH ELECTION, SHALL BE REPORTED WITHIN TWENTY-FOUR HOURS  IN
THE  SAME MANNER AS PROVIDED FOR IN SUBDIVISION TWO OF SECTION 14-108 OF
THIS ARTICLE.

S. 8282--A                          8

  4. EACH SUCH STATEMENT SHALL INCLUDE:
  (A) THE NAME AND ADDRESS OF THE PERSON MAKING THE STATEMENT;
  (B) THE NAME AND ADDRESS OF THE PERSON MAKING THE INDEPENDENT EXPENDI-
TURE;
  (C)  THE  NAME  AND  ADDRESS OF ANY PERSON OR ENTITY PROVIDING A GIFT,
LOAN, ADVANCE OR DEPOSIT OF ONE HUNDRED DOLLARS OR MORE  FOR  THE  INDE-
PENDENT  EXPENDITURE, OR THE PROVISION OF SERVICES FOR THE SAME, AND THE
DATE IT WAS GIVEN; PROVIDED, HOWEVER, THE NAME AND ADDRESS OF  A  MEMBER
OF  A  LABOR  ORGANIZATION  IS NOT REQUIRED FOR A GIFT, LOAN, ADVANCE OR
DEPOSIT OF ONE HUNDRED DOLLARS OR MORE  TO  A  LABOR  ORGANIZATION;  AND
PROVIDED  FURTHER  THAT  THE NAME AND ADDRESS OF AN EMPLOYEE OF A CORPO-
RATION, UNINCORPORATED BUSINESS ENTITY OR A MEMBER OF A BUSINESS,  TRADE
OR  PROFESSIONAL ASSOCIATION OR ORGANIZATION IS NOT REQUIRED FOR A GIFT,
LOAN, ADVANCE OR DEPOSIT OF ONE HUNDRED DOLLARS OR MORE TO  SUCH  CORPO-
RATION,  UNINCORPORATED  BUSINESS  ENTITY  OR BUSINESS, TRADE OR PROFES-
SIONAL ASSOCIATION OR ORGANIZATION RESPECTIVELY;
  (D) THE DOLLAR AMOUNT PAID FOR EACH INDEPENDENT EXPENDITURE, THE  NAME
AND  ADDRESS OF THE PERSON OR ENTITY RECEIVING THE PAYMENT, THE DATE THE
PAYMENT WAS MADE AND A DESCRIPTION OF THE INDEPENDENT EXPENDITURE; AND
  (E) THE ELECTION TO WHICH THE INDEPENDENT EXPENDITURE PERTAINS AND THE
NAME OF THE CLEARLY IDENTIFIED CANDIDATE OR THE BALLOT  PROPOSAL  REFER-
ENCED.
  5.  A  COPY  OF ALL MATERIALS THAT PERTAIN TO THE INDEPENDENT EXPENDI-
TURE, INCLUDING BUT NOT LIMITED TO BROADCAST, CABLE OR SATELLITE  SCHED-
ULE   AND   SCRIPTS,   ADVERTISEMENTS,   PAMPHLETS,  CIRCULARS,  FLYERS,
BROCHURES, LETTERHEADS AND OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
MATION CONVEYED TO FIVE HUNDRED OR MORE  MEMBERS  OF  A  GENERAL  PUBLIC
AUDIENCE BY COMPUTER OR OTHER ELECTRONIC DEVICES SHALL BE FILED WITH THE
STATE  BOARD OF ELECTIONS WITH THE STATEMENTS REQUIRED BY SECTION 14-108
OF THIS ARTICLE.
  6. WRITTEN EVIDENCE OF THE INDEBTEDNESS RELATED TO A LOAN THAT IS MADE
FOR AN INDEPENDENT EXPENDITURE SHALL BE PROVIDED TO THE STATE  BOARD  OF
ELECTIONS.
  7. EVERY STATEMENT REQUIRED TO BE FILED PURSUANT TO THIS SECTION SHALL
BE FILED ELECTRONICALLY TO THE STATE BOARD OF ELECTIONS.
  8.  THE  STATE  BOARD  OF  ELECTIONS SHALL PROMULGATE REGULATIONS WITH
RESPECT TO THE STATEMENTS REQUIRED TO BE FILED BY THIS SECTION AND SHALL
PROVIDE FORMS SUITABLE FOR SUCH STATEMENTS.
  S 8. Section 14-126 of the election law, as amended by  chapter  8  of
the laws of 1978, subdivision 1 as amended by chapter 128 of the laws of
1994  and  subdivisions  2,  3 and 4 as redesignated by chapter 9 of the
laws of 1978, is amended to read as follows:
  S 14-126. Violations; penalties. 1. Any person who  fails  to  file  a
statement  required  to  be  filed by this article shall be subject to a
civil penalty, not in excess of [five hundred] ONE THOUSAND dollars,  to
be  recoverable in a special proceeding or civil action to be brought by
the state board of elections [or other board of  elections]  ENFORCEMENT
COUNSEL  PURSUANT  TO  SECTION  16-114  OF THIS CHAPTER. ANY PERSON WHO,
THREE OR MORE TIMES WITHIN A GIVEN  ELECTION  CYCLE  FOR  SUCH  TERM  OF
OFFICE,  FAILS TO FILE A STATEMENT OR STATEMENTS REQUIRED TO BE FILED BY
THIS ARTICLE, SHALL BE SUBJECT TO A CIVIL PENALTY, NOT IN EXCESS OF  TEN
THOUSAND DOLLARS, TO BE RECOVERABLE AS PROVIDED FOR IN THIS SUBDIVISION.
  2. ANY PERSON, POLITICAL PARTY OR COMMITTEE WHO FALSELY IDENTIFIES ANY
POLITICAL  COMMUNICATION  AS  PROHIBITED  BY  SUBDIVISION TWO OF SECTION
14-106 OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY EQUAL TO  ONE
THOUSAND DOLLARS OR THE COST OF THE COMMUNICATION, WHICHEVER IS GREATER,

S. 8282--A                          9

IN  A  SPECIAL  PROCEEDING OR CIVIL ACTION BROUGHT BY THE STATE BOARD OF
ELECTIONS PURSUANT TO SECTION 16-120 OF THIS CHAPTER.
  3.  ANY  PERSON  WHO FALSELY IDENTIFIES OR FAILS TO IDENTIFY ANY INDE-
PENDENT EXPENDITURE AS REQUIRED BY SUBDIVISION TWO OF SECTION 14-107  OF
THIS  ARTICLE  SHALL BE SUBJECT TO A CIVIL PENALTY EQUAL TO ONE THOUSAND
DOLLARS OR THE COST OF THE COMMUNICATION, WHICHEVER  IS  GREATER,  IN  A
SPECIAL  PROCEEDING  OR  CIVIL  ACTION  BROUGHT  BY  THE  STATE BOARD OF
ELECTIONS PURSUANT TO SECTION 16-120 OF THIS CHAPTER.   FOR PURPOSES  OF
THIS  SUBDIVISION,  THE  TERM  "PERSON"  SHALL  MEAN  A PERSON, GROUP OF
PERSONS, CORPORATION, UNINCORPORATED BUSINESS ENTITY, LABOR ORGANIZATION
OR BUSINESS, TRADE OR PROFESSIONAL ASSOCIATION OR ORGANIZATION.
  4. ANY PERSON WHO, ACTING AS OR ON BEHALF OF A CANDIDATE OR  POLITICAL
COMMITTEE,  UNDER  CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE SUCH LAW,
UNLAWFULLY ACCEPTS A CONTRIBUTION IN EXCESS OF A CONTRIBUTION LIMITATION
ESTABLISHED IN THIS ARTICLE, SHALL BE REQUIRED  TO  REFUND  SUCH  EXCESS
AMOUNT  AND  SHALL  BE SUBJECT TO A CIVIL PENALTY EQUAL TO TWO TIMES THE
EXCESS AMOUNT PLUS A FINE OF UP TO TEN THOUSAND DOLLARS, TO BE RECOVERA-
BLE IN A SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT BY  THE  STATE
BOARD  OF  ELECTIONS  ENFORCEMENT  COUNSEL PURSUANT TO SECTION 16-122 OF
THIS CHAPTER.
  5. Any person who knowingly and willfully fails to  file  a  statement
required  to  be  filed  by  this article within ten days after the date
provided for filing such statement or any person who knowingly and will-
fully violates any other provision of this article shall be guilty of  a
misdemeanor.
  [3.] 6. Any person who knowingly and willfully contributes, accepts or
aids  or  participates  in the acceptance of a contribution in an amount
exceeding an applicable maximum specified in this article shall be guil-
ty of a misdemeanor.
  [4.] 7. Any person who shall, acting on behalf of a candidate or poli-
tical committee, knowingly and willfully solicit, organize or coordinate
the formation of activities of one or more unauthorized committees, make
expenditures in connection with the nomination for election or  election
of  any  candidate, or solicit any person to make any such expenditures,
for the purpose of evading the contribution limitations of this article,
shall be guilty of a class E felony.
  S 9. The election law is amended by adding a  new  section  16-120  to
read as follows:
  S  16-120.  PROCEEDINGS AS TO POLITICAL COMMUNICATIONS AND INDEPENDENT
EXPENDITURES. THE SUPREME COURT OR A JUSTICE THEREOF,  IN  A  PROCEEDING
INSTITUTED  BY THE STATE BOARD OF ELECTIONS, MAY IMPOSE A CIVIL PENALTY,
AS PROVIDED IN SUBDIVISIONS TWO AND THREE  OF  SECTION  14-126  OF  THIS
CHAPTER, UPON PROOF THAT A VIOLATION OF ONE OR MORE OF SUCH SUBDIVISIONS
HAS OCCURRED.
  S  10.  Subdivisions 1 and 3 of section 14-102 of the election law, as
amended by chapter 8 of the laws of 1978, subdivision 1 as  redesignated
by  chapter  9  of  the  laws of 1978 and subdivision 3 as renumbered by
chapter 70 of the laws of 1983, are amended to read as follows:
  1. The treasurer of every political committee which, or  any  officer,
member  or  agent  of  any  such  committee  who, in connection with any
election, receives or expends any money or other [valuable  thing]  ITEM
OF  VALUE  or  incurs any liability to pay money or its equivalent shall
file statements sworn, or subscribed and  bearing  a  form  notice  that
false  statements  made  therein are punishable as a class A misdemeanor
pursuant to section 210.45 of the penal law, at the times prescribed  by
this  article  setting  forth all the receipts, contributions to and the

S. 8282--A                         10

expenditures by and liabilities of the committee, and of  its  officers,
members  and  agents  in  its  behalf. Such statements shall include the
dollar amount of any receipt, contribution  or  transfer,  or  the  fair
market  value  of  any receipt, contribution or transfer, which is other
than of money, the name [and], address AND OCCUPATION of the transferor,
contributor or person from whom received,  OTHER  THAN  IN  THE  REGULAR
COURSE  OF  A LENDER'S BUSINESS, AND FOR AN INDIVIDUAL CONTRIBUTING FIVE
HUNDRED DOLLARS OR MORE, THE NAME AND ADDRESS OF SUCH PERSON'S EMPLOYER,
AND THE BUSINESS ADDRESS OF EACH POLITICAL  COMMITTEE  OR  OTHER  ENTITY
MAKING  SUCH CONTRIBUTION, OR ANY LOAN, GUARANTEE, OR OTHER SECURITY FOR
SUCH A LOAN and if the transferor, contributor or person is a  political
committee; the name of and the political unit represented by the commit-
tee,  the  date  of its receipt, the dollar amount of every expenditure,
the name and address of the person to whom it was made or  the  name  of
and the political unit represented by the committee to which it was made
and  the  date  thereof,  and  shall  state  clearly the purpose of such
expenditure.  IF ANY ONE EXPENDITURE IS MADE FOR MORE THAN ONE  PURPOSE,
OR  AS PAYMENT FOR GOODS OR SERVICES SUPPLIED BY MORE THAN ONE SUPPLIER,
SUCH STATEMENT SHALL SET FORTH SEPARATELY EACH SUCH PURPOSE OR  SUPPLIER
AND  THE AMOUNT EXPENDED FOR EACH SUCH PURPOSE OR TO EACH SUCH SUPPLIER.
Any statement reporting a loan shall have attached to it a copy  of  the
evidence of indebtedness.  Expenditures in sums under fifty dollars need
not  be specifically accounted for by separate items in said statements,
and receipts and contributions aggregating  not  more  than  ninety-nine
dollars, from any one contributor need not be specifically accounted for
by  separate  items  in  said  statements,  provided  however, that such
expenditures, receipts and contributions shall be subject to  the  other
provisions of section 14-118 of this article.
  3.  The  state  board  of  elections shall promulgate regulations with
respect to the accounting methods to be applied IN COMPLYING  WITH,  AND
in  preparing the statements required by, the provisions of this article
and shall provide forms suitable for such statements.  SUCH  REGULATIONS
SHALL BE DRAWN TO ASSURE SUCH COMPLIANCE AND OBTAIN THE MAXIMUM POSSIBLE
DISCLOSURE.
  S  11.   Section 14-112 of the election law, as amended by chapter 930
of the laws of 1981, is amended to read as follows:
  S  14-112.  [Political]  AUTHORIZED  COMMITTEE;  POLITICAL   committee
authorization  statement.  1.  Any  political committee aiding or taking
part in the election or nomination of  any  candidate[,  other  than  by
making contributions,] shall file, in the office in which the statements
of  such  committee  are  to be filed pursuant to this article, either a
sworn verified statement by the treasurer of such committee  that  [the]
SUCH  candidate  has  authorized  the political committee to aid or take
part in his OR HER election or that the candidate has not authorized the
committee to aid or take part in his OR HER election.
  2. NO CANDIDATE MAY AUTHORIZE MORE THAN ONE  POLITICAL  COMMITTEE  FOR
ANY  ONE  ELECTION CYCLE.   ANY CANDIDATE WHO, ON DECEMBER THIRTY-FIRST,
TWO THOUSAND ELEVEN, HAS AUTHORIZED MORE THAN  ONE  POLITICAL  COMMITTEE
FOR  ANY ONE ELECTION CYCLE SHALL, NOT LATER THAN THIRTY DAYS AFTER SAID
DATE, DISAVOW ALL BUT ONE OF SUCH COMMITTEES, IN WRITING, TO  THE  STATE
BOARD  OF  ELECTIONS.  THIS  SUBDIVISION SHALL NOT APPLY TO THE AUTHORI-
ZATION OF AN EXPLORATORY COMMITTEE BY  AN  ELECTED  PUBLIC  OFFICIAL.  A
MULTI-CANDIDATE COMMITTEE MAY NOT BE AN AUTHORIZED COMMITTEE.
  3.  CAMPAIGN  FUNDS  REMAINING  IN  ANY  DISAVOWED  COMMITTEE SHALL BE
DISPOSED OF PURSUANT TO SECTION 14-132 OF THIS ARTICLE.

S. 8282--A                         11

  S 12. Section 14-116 of the election law, subdivision  1  as  redesig-
nated  by  chapter 9 of the laws of 1978 and subdivision 2 as amended by
chapter 260 of the laws of 1981, is amended to read as follows:
  S  14-116.  Political  contributions  by certain organizations. 1.  No
corporation, LIMITED LIABILITY COMPANY or joint-stock association  doing
business  in this state, except [a corporation or association] AN ENTITY
organized or maintained for political purposes only, shall  directly  or
indirectly pay or use or offer, consent or agree to pay or use any money
or property for or in aid of any political party, committee or organiza-
tion,  or for, or in aid of, any corporation, LIMITED LIABILITY COMPANY,
joint-stock or other association organized or maintained  for  political
purposes,  or  for,  or in aid of, any candidate for political office or
for nomination for such office, or for any political  purpose  whatever,
or  for the reimbursement or indemnification of any person for moneys or
property so used. Any officer, director, stock-holder, attorney or agent
of any corporation, LIMITED LIABILITY COMPANY or joint-stock association
which violates any of the provisions of this section,  who  participates
in,  aids,  abets or advises or consents to any such violations, and any
person who solicits or knowingly  receives  any  money  or  property  in
violation of this section, shall be guilty of a misdemeanor.
  2.  Notwithstanding the provisions of subdivision one of this section,
any corporation or an organization financially supported in whole or  in
part,  by  such  corporation, AND ANY LIMITED LIABILITY COMPANY may make
expenditures, including contributions, not otherwise prohibited by  law,
for political purposes, in an amount not to exceed five thousand dollars
in  the  aggregate in any calendar year; provided that no public utility
shall use revenues received from the rendition of public service  within
the  state  for contributions for political purposes unless such cost is
charged to the shareholders of such a public service corporation.
  S 13. The election law is amended by adding a new  section  14-132  to
read as follows:
  S  14-132.  DISPOSITION OF CAMPAIGN FUNDS. 1. AN AUTHORIZED CONTINUING
CANDIDATE COMMITTEE MUST DISPOSE OF ALL  FUNDS  AND  CLOSE  WITHIN  FOUR
YEARS  AFTER  THE  LATER  OF (A) THE END OF THE INDIVIDUAL'S MOST RECENT
TERM OF OFFICE; (B) THE DATE OF THE ELECTION  IN  WHICH  THE  INDIVIDUAL
LAST WAS A FILED CANDIDATE OR (C) UPON CONVICTION OF A FELONY.
  2.  ANY  CANDIDATE OR POLITICAL COMMITTEE REQUIRED TO DISPOSE OF FUNDS
PURSUANT TO THIS SECTION SHALL, AT THE OPTION OF THE CANDIDATE,  OR  THE
TREASURER  OF A POLITICAL COMMITTEE FORMED SOLELY TO PROMOTE THE PASSAGE
OR DEFEAT OF A BALLOT PROPOSAL, DISPOSE OF SUCH  FUNDS  BY  ANY  OF  THE
FOLLOWING MEANS, OR ANY COMBINATION THEREOF:
  A.  RETURNING,  PRO  RATA, TO EACH CONTRIBUTOR THE FUNDS THAT HAVE NOT
BEEN SPENT OR OBLIGATED;
  B. DONATING THE FUNDS TO A CHARITABLE  ORGANIZATION  OR  ORGANIZATIONS
THAT MEET THE QUALIFICATIONS OF SECTION 501(C)(3) OF THE INTERNAL REVEN-
UE CODE;
  C. DONATING THE FUNDS TO THE STATE UNIVERSITY;
  D. DONATING THE FUNDS TO THE STATE'S GENERAL FUND;
  E.  TRANSFERRING  THE  FUNDS TO A POLITICAL PARTY COMMITTEE REGISTERED
WITH THE STATE BOARD OF ELECTIONS; OR
  F. CONTRIBUTING THE FUNDS TO A CANDIDATE OR POLITICAL  COMMITTEE  SUCH
THAT THIS DOES NOT EXCEED THE LIMITS SET FORTH IN SECTION 14-114 OF THIS
ARTICLE.
  3. NO CANDIDATE OR POLITICAL COMMITTEE SHALL DISPOSE OF CAMPAIGN FUNDS
BY  MAKING EXPENDITURES FOR PERSONAL USE AS DEFINED IN SECTION 14-130 OF
THIS ARTICLE.

S. 8282--A                         12

  4. UPON THE DEATH OF A CANDIDATE, FORMER CANDIDATE OR HOLDER OF  ELEC-
TIVE  OFFICE,  WHO  RECEIVED  CAMPAIGN  CONTRIBUTIONS, ALL CONTRIBUTIONS
SHALL BE DISPOSED OF ACCORDING TO THIS SECTION WITHIN TWELVE  MONTHS  OF
THE DEATH OF THE CANDIDATE.
  S  14.  Section  16-100  of  the  election  law  is amended to read as
follows:
  S 16-100. Jurisdiction; supreme court, county court.  1.  The  supreme
court is vested with jurisdiction to summarily determine any question of
law  or  fact arising as to any subject set forth in this article, which
shall be construed liberally.
  2. The county court is vested with jurisdiction to summarily determine
any question of law or fact except proceedings as  to  a  nomination  or
election at a primary election or a nomination at a judicial convention,
proceedings  as to the casting and canvass of ballots [and], proceedings
for examination or preservation of ballots AND  PROCEEDINGS  TO  ENFORCE
THE PROVISIONS OF ARTICLE FOURTEEN OF THIS CHAPTER.
  S  15.  The  election law is amended by adding a new section 16-122 to
read as follows:
  S 16-122. ENFORCEMENT PROCEEDINGS. 1. THE SUPREME COURT OR  A  JUSTICE
THEREOF,  IN  A  PROCEEDING  INSTITUTED  BY THE STATE BOARD OF ELECTIONS
ENFORCEMENT COUNSEL, MAY IMPOSE A CIVIL  PENALTY,  AS  PROVIDED  FOR  IN
SUBDIVISION TWO OR THREE OF SECTION 14-126 OF THIS CHAPTER.
  2. UPON PROOF THAT A VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER, AS
PROVIDED IN SUBDIVISION ONE OF THIS SECTION, HAS OCCURRED, THE COURT MAY
IMPOSE  A CIVIL PENALTY, PURSUANT TO SUBDIVISION TWO OR THREE OF SECTION
14-126 OF THIS CHAPTER, AFTER  CONSIDERING,  AMONG  OTHER  FACTORS,  THE
SEVERITY  OF  THE  VIOLATION  OR  VIOLATIONS, WHETHER THE SUBJECT OF THE
VIOLATION MADE A GOOD FAITH EFFORT TO CORRECT THE VIOLATION AND  WHETHER
THE  SUBJECT  OF  THE VIOLATION HAS A HISTORY OF SIMILAR VIOLATIONS. ALL
SUCH DETERMINATIONS SHALL BE MADE ON A FAIR AND EQUITABLE BASIS  WITHOUT
REGARD TO THE STATUS OF THE CANDIDATE OR POLITICAL COMMITTEE.
  S  16.  Section  14-116 of the election law is amended by adding a new
subdivision 3 to read as follows:
  3. NOTWITHSTANDING ANY OTHER LIMITS ON CORPORATE CONTRIBUTIONS  BEFORE
A  CORPORATION OR ANY OF ITS SUBSIDIARIES MAY MAKE A CONTRIBUTION, INDE-
PENDENT EXPENDITURE OR EXPENDITURE FOR A POLITICAL ISSUE  COMMUNICATION,
THE  CORPORATION  SHALL,  AT  LEAST  ANNUALLY, OBTAIN THE PRIOR AUTHORI-
ZATION, BY VOTE OF A MAJORITY OF THE SHARES CAST OR  MEMBERS  VOTING  ON
SUCH  RESOLUTION,  TO  MAKE  CONTRIBUTIONS, INDEPENDENT EXPENDITURES AND
EXPENDITURES FOR POLITICAL ISSUE COMMUNICATIONS UP TO A STATED AGGREGATE
ANNUAL AMOUNT.
  (A) ANY CORPORATION, EITHER BY ITSELF  OR  THROUGH  ITS  SUBSIDIARIES,
MAKING  A  CONTRIBUTION,  INDEPENDENT  EXPENDITURE  OR EXPENDITURE FOR A
POLITICAL ISSUE COMMUNICATION SHALL AT LEAST ANNUALLY  DISCLOSE  TO  ITS
SHAREHOLDERS AND FILE WITH THE SECRETARY OF STATE AND THE STATE BOARD OF
ELECTIONS  AN  ACCOUNTING  OF THE CONTRIBUTIONS AND INDEPENDENT EXPENDI-
TURES MADE BY SUCH CORPORATION INCLUDING:
  (I) THE DATE OF THE CONTRIBUTION, INDEPENDENT EXPENDITURE OR  EXPENDI-
TURE FOR A POLITICAL ISSUE COMMUNICATION;
  (II)  THE  AMOUNT  OF  THE  CONTRIBUTION,  INDEPENDENT  EXPENDITURE OR
EXPENDITURE FOR A POLITICAL ISSUE COMMUNICATION;
  (III) THE IDENTITY OF THE RECIPIENT OF  THE  CONTRIBUTION,  OR  IF  AN
INDEPENDENT  EXPENDITURE  OR  EXPENDITURE FOR A POLITICAL ISSUE COMMUNI-
CATION, THE IDENTITY OF THE CANDIDATE, BALLOT PROPOSAL, POLITICAL PARTY,
PENDING LEGISLATION, PUBLIC POLICY OR A GOVERNMENT  RULE  OR  REGULATION
SUPPORTED OR OPPOSED; AND

S. 8282--A                         13

  (IV)  THE  BUSINESS  CORPORATE  RATIONALE  FOR EACH SUCH CONTRIBUTION,
INDEPENDENT EXPENDITURE OR EXPENDITURE FOR A  POLITICAL  ISSUE  COMMUNI-
CATION.
  (B)  THE  SECRETARY  OF  STATE  SHALL  POST  EACH CORPORATION'S ANNUAL
DISCLOSURE ON THE WEBSITE MAINTAINED BY THE SECRETARY OF STATE.
  (C) THE ATTORNEY GENERAL MAY COMMENCE AN ACTION OR SPECIAL  PROCEEDING
TO ENFORCE THE PROVISIONS OF THIS SECTION.
  (D) FOR PURPOSES OF THIS SUBDIVISION THE TERM "CORPORATION" SHALL MEAN
ANY  ENTITY  THAT  IS CREATED BY THE FILING OF A CERTIFICATE OF INCORPO-
RATION, A CORPORATION ORGANIZED UNDER OR SUBJECT TO THE BANKING  LAW  OR
AN  ENTITY  ORGANIZED  UNDER OR SUBJECT TO THE LIMITED LIABILITY COMPANY
LAW.
  S 17. This act shall take effect January 1, 2011.

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