The New York State Senate

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

    S. 6355                                                  A. 8555

                      S E N A T E - A S S E M B L Y

                            January 21, 2014
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when printed to be committed to the Committee on Finance

IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
  article seven of the Constitution -- read once  and  referred  to  the
  Committee on Ways and Means

AN  ACT to amend the vehicle and traffic law, in relation to the revoca-
  tion of driver's licenses for multiple convictions  of  driving  while
  intoxicated, civil penalties, and aggravated unlicensed operation of a
  motor  vehicle;  and to repeal certain provisions of such law relating
  thereto (Part A); to amend the vehicle and traffic law, in relation to
  the  suspension  and  revocation  of  certain  driver's  licenses  for
  violations relating to the use of mobile telephones and portable elec-
  tronic  devices  while driving and increased fines for such violations
  (Part B); to amend chapter 503 of the laws of 2009,  relating  to  the
  disposition  of  monies  recovered by county district attorneys before
  the filing of an accusatory instrument, in relation to the  effective-
  ness thereof (Part C); to amend the tax law, in relation to suspending
  the transfer of monies into the emergency services revolving loan fund
  from  the  public safety communications account (Part D); to amend the
  civil service law, in relation to the reimbursement of medicare premi-
  um charges (Part E); to amend the civil service law, the  state  tech-
  nology  law, the general municipal law and the public officers law, in
  relation to supporting the consolidation of state information technol-
  ogy resources (Part F); to amend chapter 410  of  the  laws  of  2009,
  amending  the  state finance law relating to authorizing the aggregate
  purchases of energy for state agencies,  institutions,  local  govern-
  ments,  public authorities and public benefit corporations and chapter
  97 of the laws of 2011, amending the state finance law and other  laws
  relating  to providing certain centralized service to political subdi-
  visions and extending the authority of  the  commissioner  of  general
  services to aggregate purchases of energy for state agencies and poli-
  tical  subdivisions, in relation to extending the expiration dates for
  the provision of certain centralized services and purchasing  authori-
  zations  (Part G); to amend the criminal procedure law, in relation to
  the prosecution of misconduct by public servants, and in  relation  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD12670-01-4

S. 6355                             2                            A. 8555

  including corrupting the government within the definition of a  desig-
  nated offense; to amend the penal law, in relation to establishing the
  crime  of  corrupting the government, requires the intent to influence
  within the crime of bribery, and expands the crime of bribe receiving;
  to  amend  the  legislative law, in relation to lobbying; to amend the
  state finance law, in relation to cancellation and disqualification of
  certain contracts; to amend the  civil  practice  law  and  rules,  in
  relation  to  including the crime of public corruption within the term
  of preconviction forfeiture crime; to amend the public  officers  law,
  in  relation to persons deemed incapable of holding a civil office; to
  amend the real property tax law,  in  relation  to  certain  exemption
  limitations;  to amend the general municipal law, in relation to limi-
  tations on empire zone designation; to amend the tax law, in  relation
  to  certain  tax credit limitations; to amend the public officers law,
  in relation to financial disclosure and to repeal  section  195.20  of
  the  penal  law  relating to defrauding the government (Subpart A); to
  amend the election law, in relation to the state  board  of  elections
  chief enforcement counsel; and to amend the criminal procedure law, in
  relation  to  the  chief  enforcement  counsel  of  the state board of
  elections (Subpart B); to amend  the  election  law,  in  relation  to
  campaign  finance  reform  and  in  relation  to campaign contribution
  limits and penalties for violations (Subpart  C);  and  to  amend  the
  election  law,  in  relation to campaign receipts and expenditures; to
  amend the election law, in relation to contribution and receipt  limi-
  tations;  to  amend the election law, in relation to public financing;
  to amend the state finance law, in relation  to  the  New  York  state
  campaign  finance  fund;  and to amend the tax law, in relation to the
  New York state campaign finance fund check-off (Subpart D)  (Part  H);
  and  to  provide  for the administration of certain funds and accounts
  related to the 2014-15 budget, authorizing certain payments and trans-
  fers; to amend the state finance law, in relation to school tax relief
  fund; to amend the state finance law, in relation to payments,  trans-
  fers  and deposits; to amend the state finance law, in relation to the
  period for which appropriations  can  be  made;  to  transfer  certain
  employees  of the division of military and naval affairs to the office
  of general services; to amend the state finance law,  in  relation  to
  the  issuance  of  bonds and notes; to amend the state finance law, in
  relation to the general fund; to amend the New York state urban devel-
  opment corporation act, in  relation  to  funding  project  costs  for
  certain  capital  projects;  to amend chapter 389 of the laws of 1997,
  relating to the financing of the correctional  facilities  improvement
  fund and the youth facility improvement fund, in relation to the issu-
  ance  of  bonds; to amend the private housing finance law, in relation
  to housing program bonds and notes; to amend chapter 329 of  the  laws
  of 1991, amending the state finance law and other laws relating to the
  establishment  of  the  dedicated  highway  and  bridge trust fund, in
  relation to the issuance of bonds; to  amend  the  public  authorities
  law,  in  relation  to the dormitory authority; to amend chapter 61 of
  the laws of 2005, providing for the administration  of  certain  funds
  and  accounts related to the 2005-2006 budget, in relation to issuance
  of bonds by the urban development corporation; to amend the  New  York
  state  urban development corporation act, in relation to the Clarkson-
  trudeau partnership, the New York genome center, the Cornell Universi-
  ty college of veterinary medicine, the  Olympic  regional  development
  authority,  a  project  at  nano Utica, Onondaga county revitalization
  projects; to amend the public authorities  law,  in  relation  to  the

S. 6355                             3                            A. 8555

  state  environmental  infrastructure  projects;  to  amend  the  state
  finance law, in relation to the New York state storm recovery  capital
  fund;  to  amend the New York state urban development corporation act,
  in  relation to authorizing the urban development corporation to issue
  bonds to fund project costs for the implementation of a NY-CUNY  chal-
  lenge  grant program; to amend chapter 81 of the laws of 2002, provid-
  ing for the administration of certain funds and  accounts  related  to
  the  2002-2003  budget, in relation to increasing the aggregate amount
  of bonds to be issued by the New York state urban  development  corpo-
  ration;  to amend the public authorities law, in relation to financing
  of peace bridge and transportation  capital  projects;  to  amend  the
  public  authorities  law, in relation to dormitories at certain educa-
  tional institutions other than state operated institutions and  statu-
  tory  or contract colleges under the jurisdiction of the state univer-
  sity of New York; to amend the public authorities law, in relation  to
  authorization  for the issuance of bonds for the capital restructuring
  bond finance program; to amend  chapter  389  of  the  laws  of  1997,
  providing for the financing of the correctional facilities improvement
  fund and the youth facility improvement fund, in relation to the issu-
  ance  of  bonds;  to  amend the public authorities law, in relation to
  environmental remediation; to amend the New York  state  medical  care
  facilities  finance agency act, in relation to bonds and mental health
  facilities improvement notes and providing for the repeal  of  certain
  provisions upon expiration thereof (Part I)

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

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to implement the state fiscal plan for the 2014-2015
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through I. The effective date for each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. Subparagraph 1-a of  paragraph  (b)  of  subdivision  2  of
section 1193 of the vehicle and traffic law is REPEALED.
  S 2. Paragraph (b) of subdivision 2 of section 1193 of the vehicle and
traffic  law  is  amended  by  adding  a new subparagraph 3-a to read as
follows:
  (3-A) DRIVING WHILE ABILITY IMPAIRED OR  WHILE  INTOXICATED  OR  WHILE
ABILITY  IMPAIRED  BY  THE COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND
ANY DRUG  OR  DRUGS  OR  AGGRAVATED  DRIVING  WHILE  INTOXICATED;  PRIOR
OFFENSES  WITHIN  THREE YEARS. FIVE YEARS, WHERE THE HOLDER IS CONVICTED
OF A VIOLATION OF SUBDIVISION ONE, TWO, TWO-A, THREE, FOUR OR FOUR-A  OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE COMMITTED WITHIN THREE
YEARS  OF  A  CONVICTION  FOR  A VIOLATION OF ANY SUBDIVISION OF SECTION
ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE.

S. 6355                             4                            A. 8555

  S 3. Clause (a) of subparagraph 12 of paragraph (b) of  subdivision  2
of  section 1193 of the vehicle and traffic law, as added by chapter 732
of the laws of 2006, is amended to read as follows:
  (a) Notwithstanding any other provision of this chapter to the contra-
ry,  whenever  a  revocation is imposed upon a person for the refusal to
submit to a chemical test pursuant to the provisions of  section  eleven
hundred  ninety-four  of this article or conviction for any violation of
section eleven hundred ninety-two of this article for which  a  sentence
of imprisonment may be imposed OR AN OUT-OF-STATE CONVICTION FOR OPERAT-
ING  A  MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS OR A
CONVICTION OF A VIOLATION OF THE PENAL LAW FOR WHICH A VIOLATION OF SUCH
SECTION ELEVEN HUNDRED NINETY-TWO IS  AN  ESSENTIAL  ELEMENT,  and  such
person  has[:  (i) within the previous four years] PREVIOUSLY been twice
convicted of any provisions of section eleven hundred ninety-two of this
article OR AN OUT-OF-STATE CONVICTION  FOR  OPERATING  A  MOTOR  VEHICLE
WHILE  UNDER  THE  INFLUENCE  OF  ALCOHOL OR DRUGS or a violation of the
penal law for which a violation of such section eleven  hundred  ninety-
two  is an essential element [and at least one such conviction was for a
crime], or has PREVIOUSLY twice been found to have refused to submit  to
a  chemical  test pursuant to section eleven hundred ninety-four of this
article, or has any combination of two such convictions and findings  of
refusal not arising out of the same incident[; or (ii) within the previ-
ous  eight  years been convicted three times of any provision of section
eleven hundred ninety-two of this article for which a sentence of impri-
sonment may be imposed or a violation of  the  penal  law  for  which  a
violation  of  such  section  eleven  hundred ninety-two is an essential
element and at least two such convictions were for crimes, or  has  been
found, on three separate occasions, to have refused to submit to a chem-
ical  test  pursuant to section eleven hundred ninety-four of this arti-
cle, or has any combination of such convictions and findings of  refusal
not  arising  out of the same incident], such revocation shall be perma-
nent.
  S 4. Subparagraph 2 of paragraph (d) of subdivision 2 of section  1194
of the vehicle and traffic law, as amended by chapter 732 of the laws of
2006, is amended to read as follows:
  (2)  Civil  penalties.  Except as otherwise provided, any person whose
license, permit to drive, or any  non-resident  operating  privilege  is
revoked  pursuant to the provisions of this section shall also be liable
for a civil penalty in the amount of five hundred dollars except that if
such revocation is a second or subsequent revocation  pursuant  to  this
section  issued  within  a  five  year  period,  or such person has been
convicted of a violation of any subdivision of  section  eleven  hundred
ninety-two of this article within the past five years not arising out of
the  same  incident,  the civil penalty shall be in the amount of [seven
hundred fifty] ONE THOUSAND dollars. Any person whose license is revoked
pursuant to the provisions of this  section  based  upon  a  finding  of
refusal  to submit to a chemical test while operating a commercial motor
vehicle shall also be liable for a civil penalty of five  hundred  fifty
dollars  except  that  if  such person has previously been found to have
refused a chemical test pursuant  to  this  section  while  operating  a
commercial motor vehicle or has a prior conviction of any of the follow-
ing  offenses  while operating a commercial motor vehicle: any violation
of section eleven hundred ninety-two of this article; any  violation  of
subdivision  two  of section six hundred of this chapter; or has a prior
conviction of any felony involving the use of a commercial motor vehicle
pursuant to paragraph (a) of subdivision one  of  section  five  hundred

S. 6355                             5                            A. 8555

ten-a  of  this  chapter, then the civil penalty shall be [seven hundred
fifty] ONE THOUSAND dollars. No new driver's license or permit shall  be
issued,  or  non-resident  operating  privilege  restored to such person
unless  such  penalty  has  been  paid.  All  penalties collected by the
department pursuant to the provisions of this section shall be the prop-
erty of the state and shall be paid into the general fund of  the  state
treasury.
  S  5. Paragraph (b) of subdivision 3 of section 511 of the vehicle and
traffic law, as separately amended by chapters 786 and 892 of  the  laws
of 1990, is amended to read as follows:
  (b)  Aggravated  unlicensed  operation of a motor vehicle in the first
degree is a class E felony. When a person is convicted  of  this  crime,
the sentence of the court must be: (i) a fine in an amount not less than
[five hundred] ONE THOUSAND dollars nor more than five thousand dollars;
and  (ii)  a term of imprisonment as provided in the penal law, or (iii)
where appropriate and a term of imprisonment  is  not  required  by  the
penal  law,  a  sentence  of probation as provided in subdivision six of
this section, or (iv) a  term  of  imprisonment  as  a  condition  of  a
sentence of probation as provided in the penal law.
  S 6. Clauses (b), (c), (d) and (e) of subparagraph 12 of paragraph (b)
of  subdivision  2  of  section  1193 of the vehicle and traffic law are
REPEALED and clause (f) is relettered clause (b).
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

                                 PART B

  Section 1. Subparagraphs (x) and (xi) of paragraph a of subdivision  2
of  section  510 of the vehicle and traffic law, as added by chapter 571
of the laws of 2006, are amended and a new subparagraph (xii)  is  added
to read as follows:
  (x)  of  a  traffic  infraction  for a subsequent violation of article
twenty-six of this chapter and the commission of such  violation  caused
serious  physical injury to another person and such subsequent violation
occurred within eighteen months of a prior violation of any provision of
article twenty-six of this chapter where the commission  of  such  prior
violation caused the serious physical injury or death of another person;
[or]
  (xi)  of  a  traffic  infraction for a subsequent violation of article
twenty-six of this chapter and the commission of such  violation  caused
the death of another person and such subsequent violation occurred with-
in  eighteen  months  of  a  prior violation of any provision of article
twenty-six of this chapter where the commission of such prior  violation
caused the serious physical injury or death of another person[.]; OR
  (XII)  OF  A  SECOND OR SUBSEQUENT VIOLATION OF SECTION TWELVE HUNDRED
TWENTY-FIVE-C OR SECTION TWELVE HUNDRED TWENTY-FIVE-D OF  THIS  CHAPTER,
WHERE  SUCH  PERSON  WAS  UNDER THE AGE OF TWENTY-ONE AT THE TIME OF THE
COMMISSION OF SUCH VIOLATIONS.
  S 2. Paragraph b of subdivision 2 of section 510 of  the  vehicle  and
traffic  law,  is  amended by adding a new subparagraph (xvi) to read as
follows:
  (XVI) FOR A PERIOD OF ONE YEAR WHERE THE  HOLDER  IS  CONVICTED  OF  A
VIOLATION  OF  SECTION  TWELVE  HUNDRED  TWENTY-FIVE-C OR SECTION TWELVE
HUNDRED TWENTY-FIVE-D OF THIS CHAPTER, WHERE SUCH PERSON WAS  UNDER  THE
AGE OF TWENTY-ONE AT THE TIME OF THE COMMISSION OF SUCH VIOLATION.

S. 6355                             6                            A. 8555

  S  3.  Subdivision  6 of section 510 of the vehicle and traffic law is
amended by adding a new paragraph n to read as follows:
  N.  WHERE  REVOCATION  IS  MANDATORY PURSUANT TO SUBPARAGRAPH (XII) OF
PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, NO NEW LICENSE SHALL  BE
ISSUED FOR AT LEAST ONE YEAR, NOR THEREAFTER EXCEPT IN THE DISCRETION OF
THE COMMISSIONER.
  S 4. Section 510-c of the vehicle and traffic law is amended by adding
a new subdivision 3 to read as follows:
  3.  ANY  SUSPENSION  OR  REVOCATION  REQUIRED UNDER THIS SECTION FOR A
VIOLATION OF SECTION TWELVE  HUNDRED  TWENTY-FIVE-C  OR  SECTION  TWELVE
HUNDRED TWENTY-FIVE-D OF THIS CHAPTER SHALL BE SUBJECT TO THE PROVISIONS
OF SUBDIVISION TWO OF SECTION FIVE HUNDRED TEN OF THIS ARTICLE.
  S  5.  Subdivision 4 of section 1225-c of the vehicle and traffic law,
as amended by section 1 of part C of chapter 55 of the laws of 2013,  is
amended to read as follows:
  4.  A  violation of subdivision two of this section shall be a traffic
infraction and shall be punishable by a fine  of  not  less  than  fifty
dollars  nor  more  than  [one  hundred  fifty] TWO HUNDRED dollars upon
conviction of a first violation; upon conviction of a second  violation,
both  of  which  were committed within a period of eighteen months, such
violation shall be punished by a fine of not less than fifty dollars nor
more than [two] THREE hundred dollars; upon conviction  of  a  third  or
subsequent  violation,  all  of  which were committed within a period of
eighteen months, such violation shall be punished by a fine of not  less
than fifty dollars nor more than [four] FIVE hundred dollars.
  S  6.  Subdivision 6 of section 1225-d of the vehicle and traffic law,
as amended by section 2 of part C of chapter 55 of the laws of 2013,  is
amended to read as follows:
  6. A violation of this section shall be a traffic infraction and shall
be  punishable  by  a  fine of not less than fifty dollars nor more than
[one hundred fifty] TWO HUNDRED  dollars  upon  conviction  of  a  first
violation;  upon  conviction  of  a second violation, both of which were
committed within a period of eighteen months, such  violation  shall  be
punished  by  a  fine of not less than fifty dollars nor more than [two]
THREE  hundred  dollars;  upon  conviction  of  a  third  or  subsequent
violation,  all  of  which  were  committed  within a period of eighteen
months, such violation shall be punished by a  fine  of  not  less  than
fifty dollars nor more than [four] FIVE hundred dollars.
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

                                 PART C

  Section  1.  Section  2  of  part H of chapter 503 of the laws of 2009
relating to the disposition  of  monies  recovered  by  county  district
attorneys  before  the filing of an accusatory instrument, as amended by
section 1 of part F of chapter 55 of the laws of  2013,  is  amended  to
read as follows:
  S  2.  This act shall take effect immediately and shall remain in full
force and effect until March 31, [2014] 2015, when it shall  expire  and
be deemed repealed.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 31, 2014.

                                 PART D

S. 6355                             7                            A. 8555

  Section 1. Paragraph (b) of subdivision 6 of section 186-f of the  tax
law,  as  amended  by  section  1 of part D of chapter 57 of the laws of
2011, is amended to read as follows:
  (b)  The  sum  of  one  million  five hundred thousand dollars must be
deposited into the New York state emergency services revolving loan fund
annually; provided, however, that such sums shall not be  deposited  for
state  fiscal  years two thousand eleven--two thousand twelve [and], two
thousand twelve--two thousand thirteen, TWO THOUSAND FOURTEEN--TWO THOU-
SAND FIFTEEN, TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN,  TWO  THOUSAND
SIXTEEN--TWO THOUSAND SEVENTEEN AND TWO THOUSAND SEVENTEEN--TWO THOUSAND
EIGHTEEN;
  S 2. This act shall take effect immediately.

                                 PART E

  Section  1.  Section  167-a  of  the  civil service law, as amended by
section 1 of part I of chapter 55 of the laws of  2012,  is  amended  to
read as follows:
  S 167-a. Reimbursement  for  medicare  premium charges. Upon exclusion
from the coverage of the health benefit plan  of  supplementary  medical
insurance  benefits for which an active or retired employee or a depend-
ent covered by the health benefit plan is or would be eligible under the
federal old-age, survivors and disability insurance program,  an  amount
equal to the STANDARD MEDICARE premium charge WITHOUT ANY INCOME-RELATED
ADJUSTMENT  for  such  supplementary medical insurance benefits for such
active or retired employee and his or her dependents, if any,  shall  be
paid  monthly  or  at other intervals to such active or retired employee
from the health insurance fund. Where appropriate, such  amount  may  be
deducted from contributions payable by the employee or retired employee;
or  where  appropriate  in  the  case  of a retired employee receiving a
retirement allowance, such amount may be included with payments  of  his
or  her  retirement  allowance.  All  state  employer, employee, retired
employee and dependent  contributions  to  the  health  insurance  fund,
including  contributions  from public authorities, public benefit corpo-
rations or other quasi-public organizations of the  state  eligible  for
participation  in  the  health benefit plan as authorized by subdivision
two of section  one  hundred  sixty-three  of  this  article,  shall  be
adjusted  as necessary to cover the cost of reimbursing federal old-age,
survivors and disability insurance program premium  charges  under  this
section.  This  cost  shall be included in the calculation of premium or
subscription charges for  health  coverage  provided  to  employees  and
retired  employees  of  the  state,  public  authorities, public benefit
corporations or other quasi-public organizations of the state; provided,
however, the state, public authorities, public benefit  corporations  or
other  quasi-public organizations of the state shall remain obligated to
pay no less than its share of such increased cost  consistent  with  its
share  of  premium or subscription charges provided for by this article.
All other employer contributions to the health insurance fund  shall  be
adjusted as necessary to provide for such payments.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2014.

                                 PART F

  Section 1. The civil service law is amended by adding  a  new  section
66-a to read as follows:

S. 6355                             8                            A. 8555

  S  66-A.  TERM  APPOINTMENTS  IN  INFORMATION TECHNOLOGY POSITIONS. 1.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE DEPARTMENT MAY AUTHORIZE
TERM APPOINTMENTS WITHOUT EXAMINATION TO TEMPORARY  POSITIONS  REQUIRING
SPECIAL  EXPERTISE  OR  QUALIFICATIONS  IN  INFORMATION TECHNOLOGY. SUCH
APPOINTMENTS  MAY  BE  AUTHORIZED ONLY IN SUCH CASES WHERE THE OFFICE OF
INFORMATION TECHNOLOGY SERVICES CERTIFIES TO THE DEPARTMENT THAT BECAUSE
OF THE TYPE OF SERVICES TO BE RENDERED OR THE  TEMPORARY  OR  OCCASIONAL
CHARACTER OF SUCH SERVICES, IT WOULD NOT BE PRACTICABLE TO HOLD AN EXAM-
INATION  OF  ANY  KIND.  SUCH  CERTIFICATION  SHALL BE A PUBLIC DOCUMENT
PURSUANT TO THE PUBLIC OFFICERS  LAW  AND  SHALL  IDENTIFY  THE  SPECIAL
EXPERTISE  OR  QUALIFICATIONS  THAT  ARE REQUIRED AND WHY THEY CANNOT BE
OBTAINED THROUGH AN APPOINTMENT FROM AN ELIGIBLE LIST. THE MAXIMUM PERI-
OD FOR A TERM APPOINTMENT ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL
NOT EXCEED SIXTY MONTHS AND SHALL  NOT  BE  EXTENDED,  AND  THE  MAXIMUM
NUMBER  OF  SUCH  APPOINTMENTS  SHALL NOT EXCEED THREE HUNDRED. AT LEAST
FIFTEEN DAYS PRIOR TO MAKING A TERM APPOINTMENT PURSUANT TO THIS SECTION
THE APPOINTING AUTHORITY SHALL PUBLICLY AND CONSPICUOUSLY  POST  IN  ITS
OFFICES INFORMATION ABOUT THE TEMPORARY POSITION AND THE REQUIRED QUALI-
FICATIONS AND SHALL ALLOW ANY QUALIFIED EMPLOYEE TO APPLY FOR SAID POSI-
TION. AN EMPLOYEE APPOINTED PURSUANT TO THIS PROVISION WHO HAS COMPLETED
TWO  YEARS  OF  CONTINUOUS SERVICE UNDER THIS PROVISION SHALL BE ABLE TO
COMPETE IN ONE PROMOTIONAL EXAMINATION THAT IS ALSO  OPEN  TO  EMPLOYEES
WHO HAVE PERMANENT CIVIL SERVICE APPOINTMENTS AND APPROPRIATE QUALIFICA-
TIONS.
  2.  A  TEMPORARY  POSITION  ESTABLISHED PURSUANT TO SUBDIVISION ONE OF
THIS SECTION MAY BE ABOLISHED FOR REASONS OF ECONOMY,  CONSOLIDATION  OR
ABOLITION  OF  FUNCTIONS,  CURTAILMENT  OF ACTIVITIES OR OTHERWISE. UPON
SUCH ABOLITION OR AT THE  END  OF  THE  TERM  OF  THE  APPOINTMENT,  THE
PROVISIONS   OF   SECTIONS   SEVENTY-EIGHT,   SEVENTY-NINE,  EIGHTY  AND
EIGHTY-ONE OF THIS CHAPTER SHALL NOT APPLY. IN THE EVENT OF A  REDUCTION
OF WORKFORCE PURSUANT TO SECTION EIGHTY OF THIS CHAPTER AFFECTING INFOR-
MATION  TECHNOLOGY  POSITIONS,  THE  TERM  APPOINTMENTS PURSUANT TO THIS
SECTION AT THE OFFICE OF INFORMATION TECHNOLOGY SERVICES SHALL BE  ABOL-
ISHED  PRIOR TO THE ABOLITION OF PERMANENT COMPETITIVE CLASS INFORMATION
TECHNOLOGY POSITIONS AT THE OFFICE OF  INFORMATION  TECHNOLOGY  SERVICES
INVOLVING COMPARABLE SKILLS AND RESPONSIBILITIES.
  3.  (A)  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, THE
DEPARTMENT MAY LIMIT CERTIFICATION FROM THE FOLLOWING ELIGIBLE LISTS  TO
THOSE  ELIGIBLES  IDENTIFIED  AS  HAVING  KNOWLEDGE,  SKILLS  OR CERTIF-
ICATIONS, OR ANY  COMBINATION  THEREOF,  IDENTIFIED  BY  THE  APPOINTING
AUTHORITY AS NECESSARY TO PERFORM THE DUTIES OF CERTAIN POSITIONS:
  35-382 INFORMATION TECHNOLOGY SPECIALIST 4 G-25
  35-383 INFORMATION TECHNOLOGY SPECIALIST 4 (DATA COMMUNICATIONS) G-25
  35-384 INFORMATION TECHNOLOGY SPECIALIST 4 (DATABASE) G-25
  35-386 INFORMATION TECHNOLOGY SPECIALIST 4 (SYSTEMS PROGRAMMING) G-25
  35-387 MANAGER INFORMATION TECHNOLOGY SERVICES 1 G-27
  35-388 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATA COMMUNICATIONS)
G-27
  35-389 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATABASE) G-27
  35-391 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (SYSTEMS PROGRAMMING)
G-27
  35-392 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (TECHNICAL) G-27.
  (B)  NO SUCH LIMITATION ON CERTIFICATION SHALL OCCUR UNTIL A SKILL-SET
INVENTORY IS CONDUCTED FOR ALL PERSONS ON ANY LIST SO LIMITED.

S. 6355                             9                            A. 8555

  S 2. Subdivision 21 of section 103 of the  state  technology  law,  as
added  by  section  4  of  part  N of chapter 55 of the laws of 2013, is
amended and a new subdivision 7-a is added to read as follows:
  7-A. TO PROVIDE TECHNOLOGY SERVICES VIA AGREEMENTS WITH:
  (A)  MUNICIPAL  CORPORATIONS, PUBLIC BENEFIT CORPORATIONS AND DISTRICT
CORPORATIONS AS DEFINED IN SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION
LAW;
  (B) POLITICAL SUBDIVISIONS AS DEFINED IN SECTION ONE  HUNDRED  OF  THE
GENERAL MUNICIPAL LAW;
  (C) PUBLIC AUTHORITIES;
  (D) SOIL AND WATER CONSERVATION DISTRICTS;
  (E)  ANY  UNIT OF THE STATE UNIVERSITY AND CITY UNIVERSITY OF NEW YORK
PURSUANT TO AND CONSISTENT WITH SECTIONS THREE  HUNDRED  FIFTY-FIVE  AND
SIXTY-TWO HUNDRED EIGHTEEN OF THE EDUCATION LAW;
  21.  Notwithstanding the provisions of section one hundred sixty-three
of the state finance law, section  one  hundred  three  of  the  general
municipal  law,  article  four-C of the economic development law, or any
other provision of law relating to the award of  public  contracts,  any
officer, body, or agency of New York state, public corporation, or other
public  entity  subject to such provisions of law shall be authorized to
enter individually or collectively into contracts with the  not-for-pro-
fit  corporation  that  operates the multi-state information sharing and
analysis center for the provision of services through September  thirti-
eth,  two  thousand [fourteen] FIFTEEN related to cyber security includ-
ing, but not limited to, monitoring, detecting, and responding to  cyber
incidents, and such contracts may be awarded without compliance with the
procedures  relating  to  the  procurement of services set forth in such
provisions of law. Such contracts shall,  however,  be  subject  to  the
comptroller's   existing  authority  to  approve  contracts  where  such
approval is required by section one hundred twelve of the state  finance
law or otherwise. Such officers, bodies, or agencies may pay the fees or
other  amounts specified in such contracts in consideration of the cyber
security services to be rendered pursuant to such contracts.
  S 3. Section 99-r of the general municipal law, as amended by  section
1  of  subpart B of part C of chapter 97 of the laws of 2011, is amended
to read as follows:
  S 99-r. Contracts for services. Notwithstanding any  other  provisions
of law to the contrary, the governing board of any municipal corporation
may enter into agreements and/or contracts with any state agency includ-
ing  any  department, board, bureau, commission, division, office, coun-
cil, committee, or officer of the state, whether permanent or temporary,
or a public benefit corporation or public authority, or a soil and water
conservation district, and any unit of the state university of New York,
pursuant to and consistent with sections three  hundred  fifty-five  and
sixty-three  hundred  one  of  the  education law within or without such
municipal corporation to provide or receive fuel, equipment, maintenance
and repair, supplies, water  supply,  street  sweeping  or  maintenance,
sidewalk  maintenance,  right-of-way  maintenance, storm water and other
drainage, sewage disposal, landscaping, mowing, TECHNOLOGY SERVICES,  or
any  other  services  of  government.  Such state agency, soil and water
conservation district, or unit of the  state  university  of  New  York,
within the limits of any specific statutory appropriation authorized and
made  available  therefor  by  the  legislature or by the governing body
responsible for the operation of  such  state  agency,  soil  and  water
conservation  district,  or unit of the state university of New York may
contract with any municipal corporation  for  such  services  as  herein

S. 6355                            10                            A. 8555

provided  and  may  provide, in agreements and/or contracts entered into
pursuant to this section, for the reciprocal provision  of  services  or
other  consideration  of  approximately equivalent value, including, but
not  limited  to,  routine and/or emergency services, monies, equipment,
buildings and facilities, materials or a commitment  to  provide  future
routine  and/or  emergency  services,  monies,  equipment, buildings and
facilities or materials. Any such contract may be entered into by direct
negotiations and shall not be subject to the provisions of  section  one
hundred three of this chapter.
  S  4.  (a)  Notwithstanding  any provision of law to the contrary, any
person employed in the exempt class positions of employee program  asso-
ciate,  employee program assistant, confidential stenographer, or confi-
dential assistant by the governor's office of  employee  relations,  and
any  person  employed  in the exempt class positions of employee program
associate or employee program assistant by the labor management  commit-
tee, and any person employed in the exempt class positions of manager of
information  services  or information technology specialist by the joint
commission on public ethics immediately prior to  being  transferred  to
the  office of information technology services pursuant to subdivision 2
of section 70 of the civil service law, and who, immediately prior ther-
eto was performing information technology functions, shall  be  entitled
to  permanent  appointment  in  similar  or  corresponding titles in the
competitive class as determined by the department of civil  service  and
shall  continue to hold such position in the office of information tech-
nology services without further examination.  No  such  employee  trans-
ferred to the office of information technology services shall be subject
to  a  new  probationary  term,  provided, however, that any employee in
probationary status at the time of the transfer  shall  be  required  to
complete  that probationary term at the office of information technology
services under the same terms and conditions as were applicable  to  him
or  her  while  employed at the governor's office of employee relations,
the labor management committee or the joint commission on public ethics.
  (b) No employee whose  position  is  re-classified  pursuant  to  this
section  or  section five or six of this act shall suffer a reduction in
basic salary as a result of such re-classification and shall continue to
receive, at a minimum, the salary  that  such  employee  received  while
employed  by  the  governor's  office  of  employee relations, the labor
management committee or the joint commission on public ethics.
  S 5. Notwithstanding any provision of law to the contrary,  the  civil
service  department  may re-classify any person employed in a permanent,
classified, competitive position immediately prior to being  transferred
to the office of information technology services pursuant to subdivision
2  of  section  70 of the civil service law to align with the duties and
responsibilities of their positions upon transfer.  Permanent  employees
whose  positions  are subsequently reclassified to align with the duties
and responsibilities of their positions upon being  transferred  to  the
office  of  information technology services pursuant to subdivision 2 of
section 70 of the civil service law shall hold  such  positions  without
further   examination   or   qualification.  Notwithstanding  any  other
provision of this act, the names of those competitive permanent  employ-
ees  on  promotion  eligible  lists in their former agency or department
shall be added and interfiled on a promotion eligible list  in  the  new
department, as the state civil service department deems appropriate.
  S  6.  Notwithstanding any provision of law to the contrary, the civil
service department may re-classify any person  employed  in  the  exempt
class  positions of employee program associate, employee program assist-

S. 6355                            11                            A. 8555

ant, confidential stenographer, or confidential assistant by the  gover-
nor's  office  of  employee  relations,  and  any person employed in the
exempt class positions of employee program associate or employee program
assistant  by the labor management committee, and any person employed in
the exempt class positions of manager of information services or  infor-
mation  technology  specialist by the joint commission on public ethics,
immediately prior to being transferred  to  the  office  of  information
technology services pursuant to subdivision 2 of section 70 of the civil
service law to align with the duties and responsibilities of their posi-
tions  upon  transfer.    Permanent employees whose positions are subse-
quently re-classified to align with the duties and  responsibilities  of
their  positions  upon  being  transferred  to the office of information
technology services pursuant to subdivision 2 of section 70 of the civil
service law shall hold such positions  without  further  examination  or
qualification.
  S 7. Subdivision 8 of section 73 of the public officers law is amended
by adding a new paragraph (j) to read as follows:
  (J) THE PROVISIONS OF SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDI-
VISION SHALL NOT APPLY TO ANY FORMER TEMPORARY STATE OFFICER OR EMPLOYEE
WHO  WAS  HIRED SUBJECT TO CHAPTER FIVE HUNDRED OF THE LAWS OF TWO THOU-
SAND NINE AND WHO EITHER DID NOT RECEIVE A HIGH ENOUGH SCORE ON A  CIVIL
SERVICE  EXAMINATION OR DID NOT TAKE A CIVIL SERVICE EXAMINATION BECAUSE
NO PROMOTIONAL EXAMINATION WAS OFFERED PRIOR TO HIS OR HER  TERMINATION.
ON OR BEFORE THE DATE OF SUCH TERMINATION OF EMPLOYMENT, THE STATE AGEN-
CY SHALL PROVIDE TO THE TERMINATED EMPLOYEE A WRITTEN CERTIFICATION THAT
THE  EMPLOYEE  HAS  BEEN  TERMINATED BECAUSE THE EMPLOYEE EITHER DID NOT
RECEIVE A HIGH ENOUGH SCORE ON A CIVIL SERVICE EXAMINATION  OR  DID  NOT
TAKE  A CIVIL SERVICE EXAMINATION BECAUSE NO PROMOTIONAL EXAMINATION WAS
OFFERED PRIOR TO HIS OR HER  TERMINATION.    THE  WRITTEN  CERTIFICATION
SHALL  ALSO  CONTAIN A NOTICE DESCRIBING THE RIGHTS AND RESPONSIBILITIES
OF THE EMPLOYEE PURSUANT TO THE PROVISIONS OF THIS SECTION. THE  CERTIF-
ICATION  AND  NOTICE  SHALL  CONTAIN THE INFORMATION AND SHALL BE IN THE
FORM SET FORTH BELOW:
CERTIFICATION AND NOTICE
TO: EMPLOYEE'S NAME: ____________________________
    STATE AGENCY: ____________________________
    DATE OF TERMINATION: ____________________________
I, (NAME AND TITLE) OF (STATE AGENCY), HEREBY CERTIFY THAT YOU HAVE BEEN
TERMINATED FROM STATE SERVICE BECAUSE YOU EITHER DID NOT RECEIVE A  HIGH
ENOUGH  SCORE  ON  A  CIVIL  SERVICE EXAMINATION OR DID NOT TAKE A CIVIL
SERVICE EXAMINATION BECAUSE NO PROMOTIONAL EXAMINATION WAS OFFERED PRIOR
TO YOUR TERMINATION. THEREFORE, YOU ARE COVERED  BY  THE  PROVISIONS  OF
PARAGRAPH  (J)  OF  SUBDIVISION  EIGHT  OF  SECTION SEVENTY-THREE OF THE
PUBLIC OFFICERS LAW.
YOU   WERE   DESIGNATED   AS   A   POLICYMAKER:   YES   ____   NO   ____
____________________________________
_________________(TITLE)
TO THE EMPLOYEE:
THIS  CERTIFICATION  AFFECTS  YOUR RIGHT TO ENGAGE IN CERTAIN ACTIVITIES
AFTER YOU LEAVE STATE SERVICE.
ORDINARILY, EMPLOYEES WHO LEAVE STATE SERVICE  MAY  NOT  FOR  TWO  YEARS
APPEAR  OR  PRACTICE  BEFORE THEIR FORMER AGENCY OR RECEIVE COMPENSATION
FOR RENDERING SERVICES ON A MATTER BEFORE THEIR FORMER AGENCY.  HOWEVER,
BECAUSE  OF THIS CERTIFICATION, YOU MAY BE EXEMPT FROM THIS RESTRICTION.
IF YOU WERE NOT DESIGNATED AS A POLICYMAKER  BY  YOUR  AGENCY,  YOU  ARE
AUTOMATICALLY  EXEMPT.  YOU MAY, UPON LEAVING STATE SERVICE, IMMEDIATELY

S. 6355                            12                            A. 8555

APPEAR, PRACTICE OR RECEIVE COMPENSATION FOR  SERVICES  RENDERED  BEFORE
YOUR FORMER AGENCY.
IF YOU WERE DESIGNATED AS A POLICYMAKER BY YOUR AGENCY, YOU ARE ELIGIBLE
TO  APPLY  FOR  AN EXEMPTION TO THE JOINT COMMISSION ON PUBLIC ETHICS AT
540 BROADWAY, ALBANY, NEW YORK 12207. EVEN IF YOU ARE OR  BECOME  EXEMPT
FROM  THE  TWO  YEAR BAR, THE LIFETIME BAR OF THE REVOLVING DOOR STATUTE
WILL CONTINUE TO APPLY TO YOU. YOU MAY NOT APPEAR, PRACTICE, COMMUNICATE
OR OTHERWISE RENDER SERVICES BEFORE ANY STATE AGENCY IN RELATION TO  ANY
CASE,  PROCEEDING,  APPLICATION OR TRANSACTION WITH RESPECT TO WHICH YOU
WERE DIRECTLY CONCERNED AND IN WHICH YOU PERSONALLY PARTICIPATED  DURING
YOUR STATE SERVICE, OR WHICH WAS UNDER YOUR ACTIVE CONSIDERATION. IF YOU
HAVE   ANY  QUESTIONS  ABOUT  THE  APPLICATION  OF  THE  POST-EMPLOYMENT
RESTRICTIONS TO YOUR CIRCUMSTANCES, YOU MAY CONTACT THE JOINT COMMISSION
ON PUBLIC ETHICS.
  S 8. This act shall take effect immediately.

                                 PART G

  Section 1. Section 3 of chapter 410 of the laws of 2009, amending  the
state  finance  law  relating  to authorizing the aggregate purchases of
energy for  state  agencies,  institutions,  local  governments,  public
authorities and public benefit corporations, as amended by chapter 68 of
the laws of 2011, is amended to read as follows:
  S  3.  This  act shall take effect immediately and shall expire and be
deemed repealed July 31, [2015] 2020.
  S 2. Section 9 of subpart A of part C of chapter 97  of  the  laws  of
2011,  amending the state finance law and other laws relating to provid-
ing certain centralized service to political subdivisions and  extending
the  authority  of  the  commissioner  of  general services to aggregate
purchases of energy for state agencies and  political  subdivisions,  is
amended to read as follows:
  S 9. This act shall take effect immediately, provided, however that:
  1.  sections  one,  four, five, six and seven of this act shall expire
and be deemed repealed [3 years after they shall have become a law] JULY
31, 2020;
  2. the amendments to subdivision  4  of  section  97-g  of  the  state
finance  law  made by section two of this act shall [not affect] SURVIVE
the expiration and reversion of such subdivision as provided in  section
3  of  chapter  410 of the laws of 2009[, and shall expire and be deemed
repealed therewith], AS AMENDED;
  3. sections four, five, six and seven of this act shall apply  to  any
contract let or awarded on or after such effective date.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2014.

                                 PART H

  Section 1. This act enacts into law major  components  of  legislation
which  are  necessary to implement the state fiscal plan for the 2014-15
state fiscal year and to strengthen enforcement  of  the  election  law,
reform  campaign  financing  and  enhance  the  public's  trust in state
government.  Each component is wholly contained within a Subpart identi-
fied as Subparts A through D. The effective  date  for  each  particular
provision contained within such Subpart is set forth in the last section
of  such  Subpart.  Any  provision  in  any  section  contained within a
Subpart, including the effective date of  the  Subpart,  which  makes  a

S. 6355                            13                            A. 8555

reference  to a section "of this act", when used in connection with that
particular component, shall be deemed to mean and refer  to  the  corre-
sponding  section  of the Subpart in which it is found. Section three of
this act sets forth the general effective date of this act.

                                SUBPART A

  Section 1. This act shall be known as the "Public Trust Act".
  S  2.  Paragraph (b) of subdivision 3 of section 30.10 of the criminal
procedure law is amended to read as follows:
  (b) A prosecution for  any  offense  involving  misconduct  in  public
office  by  a  public  servant INCLUDING, WITHOUT LIMITATION, AN OFFENSE
DEFINED IN ARTICLE FOUR HUNDRED NINETY-SIX OF  THE  PENAL  LAW,  may  be
commenced  AGAINST  A  PUBLIC  SERVANT,  OR  ANY  OTHER PERSON ACTING IN
CONCERT WITH SUCH PUBLIC SERVANT at any time  during  [the  defendant's]
SUCH  PUBLIC SERVANT'S service in such office or within five years after
the termination of such service; provided  however,  that  in  no  event
shall  the  period  of  limitation  be  extended by more than five years
beyond the period otherwise applicable under  subdivision  two  OF  THIS
SECTION.
  S 3. Section 50.10 of the criminal procedure law is amended to read as
follows:
S  50.10  Compulsion  of  evidence  by offer of immunity; definitions of
            terms.
  The following definitions are applicable to this article:
  1.  "Immunity."  BASED UPON THE SUBJECT MATTER OF THE LEGAL PROCEEDING
IN WHICH A PERSON GIVES EVIDENCE, SUCH PERSON MAY RECEIVE EITHER  "TRAN-
SACTIONAL" OR "USE" IMMUNITY.
  (A)  "TRANSACTIONAL  IMMUNITY."  A  person who has been a witness in a
legal proceeding, and who cannot, except as otherwise provided  in  this
subdivision,  be convicted of any offense or subjected to any penalty or
forfeiture for or  on  account  of  any  transaction,  matter  or  thing
concerning which he gave evidence therein, possesses ["immunity"] "TRAN-
SACTIONAL IMMUNITY" from any such conviction, penalty or forfeiture.
  (B)  "USE  IMMUNITY."    A  PERSON  WHO  HAS BEEN A WITNESS IN A LEGAL
PROCEEDING, AND NEITHER THE EVIDENCE  GIVEN  BY  THAT  WITNESS  NOR  ANY
EVIDENCE  DERIVED  DIRECTLY  OR INDIRECTLY THEREFROM MAY BE USED AGAINST
THE WITNESS IN THE SAME OR ANY OTHER CRIMINAL PROCEEDING OR IN THE IMPO-
SITION OF ANY PENALTY OR FORFEITURE POSSESSES "USE IMMUNITY".
  (C) A person who possesses [such] TRANSACTIONAL IMMUNITY OR USE  immu-
nity  may  nevertheless  be  convicted  of perjury as a result of having
given false testimony in such legal proceeding, and may be convicted  of
or  adjudged in contempt as a result of having contumaciously refused to
give evidence therein, AND THE EVIDENCE  GIVEN  BY  THE  PERSON  AT  THE
PROCEEDING  AT  WHICH THE PERSON POSSESSED EITHER TRANSACTIONAL IMMUNITY
OR USE IMMUNITY MAY BE USED AGAINST SUCH PERSON IN ANY SUCH  PROSECUTION
FOR PERJURY OR PROSECUTION OR JUDGMENT FOR CONTEMPT.
  2.  "Legal  proceeding"  means  a proceeding in or before any court or
grand jury, or before any body, agency or person authorized  by  law  to
conduct  the same and to administer the oath or to cause it to be admin-
istered.
  3. "Give evidence" means to testify or produce physical evidence.
  S 4. Subdivision 3 of section 50.20 of the criminal procedure  law  is
amended to read as follows:
  3.   A witness who is ordered to give evidence pursuant to subdivision
two OF THIS SECTION and who complies with  such  order  receives  EITHER

S. 6355                            14                            A. 8555

TRANSACTIONAL  IMMUNITY  OR  USE  immunity. [Such] IN A LEGAL PROCEEDING
INVOLVING, IN WHOLE OR IN PART, ANY MISCONDUCT, NONFEASANCE  OR  NEGLECT
IN  PUBLIC OFFICE BY A PUBLIC SERVANT, WHETHER CRIMINAL OR OTHERWISE, OR
ANY  FRAUD  UPON  THE  STATE,  A POLITICAL SUBDIVISION OF THE STATE OR A
GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE SUCH WITNESS RECEIVES  USE
IMMUNITY.  A  WITNESS  IN A LEGAL PROCEEDING INVOLVING ANY OTHER SUBJECT
MATTER RECEIVES TRANSACTIONAL IMMUNITY. IN EITHER CASE, SUCH witness  is
not  deprived  of such immunity because such competent authority did not
comply with statutory provisions requiring notice to a specified  public
servant of intention to confer immunity.
  S  5. Paragraph (b) of subdivision 1 of section 170.30 of the criminal
procedure law is amended, and a new subdivision 4 is added  to  read  as
follows:
  (b)    The defendant has received immunity from prosecution AS DEFINED
IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 50.10 OF THIS CHAPTER for
the offense charged, pursuant to sections 50.20 or  190.40,  OR  ALLEGA-
TIONS  IN THE INFORMATION, SIMPLIFIED INFORMATION, PROSECUTOR'S INFORMA-
TION OR MISDEMEANOR COMPLAINT ARE BASED ON  EVIDENCE  PROTECTED  BY  USE
IMMUNITY AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 50.10
OF THIS CHAPTER; or
  4. WHERE THE DEFENDANT ESTABLISHES IN HIS OR HER MOTION THAT USE IMMU-
NITY HAS BEEN CONFERRED UPON HIM OR HER, THE PEOPLE MUST THEN ESTABLISH,
BY  A PREPONDERANCE OF THE EVIDENCE, THAT SUCH EVIDENCE WAS NOT DERIVED,
DIRECTLY OR INDIRECTLY, FROM THE EVIDENCE AS TO WHICH SUCH IMMUNITY  WAS
CONFERRED.
  S  6.  Subdivision  2 of section 190.40 of the criminal procedure law,
paragraph (c) as added by chapter 454 of the laws of 1975, is amended to
read as follows:
  2.  A witness who gives evidence in a grand jury proceeding INVOLVING,
IN WHOLE OR IN PART, ANY MISCONDUCT, NONFEASANCE OR  NEGLECT  IN  PUBLIC
OFFICE  BY A PUBLIC SERVANT, WHETHER CRIMINAL OR OTHERWISE, OR ANY FRAUD
UPON THE STATE, A POLITICAL SUBDIVISION OF THE STATE OR  A  GOVERNMENTAL
INSTRUMENTALITY  WITHIN THE STATE receives USE immunity.  A WITNESS IN A
GRAND JURY PROCEEDING INVOLVING ANY OTHER SUBJECT MATTER RECEIVES  TRAN-
SACTIONAL  IMMUNITY. IN EITHER CASE, SUCH WITNESS RECEIVES SUCH IMMUNITY
unless:
  (a)   He OR SHE has  effectively  waived  such  immunity  pursuant  to
section 190.45; or
  (b)  Such evidence is not responsive to any inquiry and is gratuitous-
ly  given  or  volunteered  by the witness with knowledge that it is not
responsive[.] ; OR
  (c)  The evidence given by the witness consists only of books, papers,
records or other physical evidence  of  an  enterprise,  as  defined  in
subdivision  one  of  section 175.00 of the penal law, the production of
which is required by a subpoena duces tecum, and the  witness  does  not
possess  a  privilege  against  self-incrimination  with  respect to the
production of such evidence.  Any further evidence given by the  witness
entitles  the  witness  to immunity except as provided in [subparagraph]
PARAGRAPHS (a) and (b) of this subdivision.
  S 7. Paragraph (d) of subdivision 1 of section 210.20 of the  criminal
procedure law is amended to read as follows:
  (d)  The defendant has TRANSACTIONAL immunity, AS DEFINED IN PARAGRAPH
(A) OF SUBDIVISION ONE OF SECTION 50.10 OF THIS CHAPTER, with respect to
the offense charged, pursuant to section 50.20 or 190.40; or
  S  7-a.  Section  210.35  of  the criminal procedure law is amended by
adding a new subdivision 4-a to read as follows:

S. 6355                            15                            A. 8555

  4-A. EVIDENCE PROTECTED BY USE IMMUNITY WAS USED TO OBTAIN THE INDICT-
MENT; OR
  S  8. The opening paragraph and subdivisions 6 and 7 of section 710.20
of the criminal procedure law, the opening paragraph and  subdivision  6
as  amended  by chapter 8 of the laws of 1976, subdivision 7 as added by
chapter 744 of the laws of 1988, and  subdivision  6  as  renumbered  by
chapter  481 of the laws of 1983, are amended and a new subdivision 8 is
added to read as follows:
  Upon motion of a defendant who (a) is aggrieved by unlawful or improp-
er acquisition of evidence and has reasonable cause to believe that such
may be offered against him in a criminal  action,  or  (b)  claims  that
improper identification testimony may be offered against him in a crimi-
nal action, OR (C) CLAIMS THAT EVIDENCE AS TO THE USE OF WHICH HE OR SHE
POSSESSES  IMMUNITY,  AS  DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF
SECTION 50.10 OF THIS CHAPTER, MAY BE OFFERED AGAINST HIM IN A  CRIMINAL
ACTION,  a  court  may,  under circumstances prescribed in this article,
order that such evidence be suppressed or excluded upon the ground  that
it:
  6.    Consists  of potential testimony regarding an observation of the
defendant either at the time or place of the commission of  the  offense
or upon some other occasion relevant to the case, which potential testi-
mony  would  not be admissible upon the prospective trial of such charge
owing to an improperly made previous identification of the defendant  by
the prospective witness[.]; OR
  7. Consists of information obtained by means of a pen register or trap
and  trace  device  installed  or used in violation of the provisions of
article seven hundred five of this chapter[.]; OR
  8. CONSISTS OF POTENTIAL EVIDENCE AS TO THE USE OF WHICH THE DEFENDANT
POSSESSES IMMUNITY. WHERE THE DEFENDANT ESTABLISHES  THAT  USE  IMMUNITY
HAS BEEN CONFERRED UPON HIM OR HER, THE PEOPLE MUST THEN ESTABLISH, BY A
PREPONDERANCE  OF  THE  EVIDENCE,  THAT  SUCH  EVIDENCE WAS NOT DERIVED,
DIRECTLY OR INDIRECTLY, FROM THE EVIDENCE AS TO WHICH SUCH IMMUNITY  WAS
CONFERRED.
  S  9. Subdivision 8 of section 700.05 of the criminal procedure law is
amended by adding a new paragraph (u) to read as follows:
  (U) ANY OFFENSE DEFINED IN ARTICLE  FOUR  HUNDRED  NINETY-SIX  OF  THE
PENAL LAW, OFFICIAL MISCONDUCT IN THE THIRD DEGREE AS DEFINED IN SECTION
195.00  OF  THE  PENAL  LAW, OFFICIAL MISCONDUCT IN THE SECOND DEGREE AS
DEFINED IN SECTION 195.01 OF THE PENAL LAW, AND OFFICIAL  MISCONDUCT  IN
THE FIRST DEGREE AS DEFINED IN SECTION 195.02 OF THE PENAL LAW.
  S 10. Paragraph (f) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 154 of the laws of 1990, is amended
to read as follows:
  (f) Bribery in the third degree, bribery in the second degree, bribery
in  the first degree, bribe receiving in the third degree, bribe receiv-
ing in the second degree, bribe receiving in  the  first  degree,  bribe
giving for public office, FAILURE TO REPORT BRIBERY, and bribe receiving
for public office, as defined in article two hundred of the penal law;
  S 10-a. Subdivision 4 of section 710.60 of the criminal procedure law,
as  amended  by  chapter  39  of the laws of 1975, is amended to read as
follows:
  4. If the court does not determine the motion  pursuant  to  [subdivi-
sions]  SUBDIVISION  two  or  three,  it must conduct a hearing and make
findings of fact essential to the  determination  thereof.  All  persons
giving  factual  information  at  such  hearing must testify under oath,
except that unsworn evidence pursuant  to  subdivision  two  of  section

S. 6355                            16                            A. 8555

60.20  of  this chapter may also be received. Upon such hearing, hearsay
evidence is admissible to establish any material fact.  A HEARING GRANT-
ED UNDER THIS SUBDIVISION PURSUANT TO  A  MOTION  TO  SUPPRESS  EVIDENCE
DESCRIBED IN SUBDIVISION EIGHT OF SECTION 710.20 OF THIS ARTICLE MAY, IN
THE DISCRETION OF THE COURT, BE CONDUCTED AFTER THE TRIAL OF THE MATTER.
  S 11. Section 195.20 of the penal law is REPEALED.
  S  12.  Section  195.00 of the penal law, as amended by chapter 906 of
the laws of 1990, is amended to read as follows:
S 195.00 Official misconduct IN THE THIRD DEGREE.
  A public servant is guilty of official misconduct IN THE THIRD  DEGREE
when,  with  intent  to  obtain a benefit or deprive another person of a
benefit:
  1. He OR SHE commits an act relating to his OR HER office but  consti-
tuting  an unauthorized exercise of his OR HER official functions, know-
ing that such act is unauthorized; or
  2. He OR SHE knowingly  refrains  from  performing  a  duty  which  is
imposed  upon  him OR HER by law or is clearly inherent in the nature of
his OR HER office.
  Official misconduct IN THE THIRD DEGREE is a class [A  misdemeanor]  E
FELONY.
  S  13.  The penal law is amended by adding two new sections 195.01 and
195.02 to read as follows:
S 195.01 OFFICIAL MISCONDUCT IN THE SECOND DEGREE.
  A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE SECOND DEGREE
WHEN HE OR SHE COMMITS THE CRIME OF OFFICIAL  MISCONDUCT  IN  THE  THIRD
DEGREE AND HE OR SHE OBTAINS ANY BENEFIT OR DEPRIVES ANOTHER PERSON OF A
BENEFIT VALUED IN EXCESS OF ONE THOUSAND DOLLARS.
  OFFICIAL MISCONDUCT IN THE SECOND DEGREE IS A CLASS D FELONY.
S 195.02 OFFICIAL MISCONDUCT IN THE FIRST DEGREE.
  A  PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE FIRST DEGREE
WHEN HE OR SHE COMMITS THE CRIME OF OFFICIAL  MISCONDUCT  IN  THE  THIRD
DEGREE AND HE OR SHE OBTAINS ANY BENEFIT OR DEPRIVES ANOTHER PERSON OF A
BENEFIT VALUED IN EXCESS OF THREE THOUSAND DOLLARS.
  OFFICIAL MISCONDUCT IN THE FIRST DEGREE IS A CLASS C FELONY.
  S  14. Part 4 of the penal law is amended by adding a new title Y-2 to
read as follows:
                                TITLE Y-2
                        CORRUPTING THE GOVERNMENT

                               ARTICLE 496
                        CORRUPTING THE GOVERNMENT

SECTION 496.01 DEFINITIONS.
        496.02 CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE.
        496.03 CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE.
        496.04 CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE.
        496.05 CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE.
        496.06 PUBLIC CORRUPTION.
        496.07 SENTENCING.
S 496.01 DEFINITIONS.
  FOR THE PURPOSES OF THIS ARTICLE, "SCHEME" MEANS  ANY  PLAN,  PATTERN,
DEVICE, CONTRIVANCE, OR COURSE OF ACTION.
S 496.02 CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE.
  A  PERSON  IS GUILTY OF CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE
WHEN HE OR SHE ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE  OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE POLI-

S. 6355                            17                            A. 8555

TICAL SUBDIVISIONS OF THE STATE OR ONE OR MORE  GOVERNMENTAL  INSTRUMEN-
TALITIES  WITHIN  THE  STATE,  OR  TO OBTAIN PROPERTY, SERVICES OR OTHER
RESOURCES FROM ANY SUCH STATE,  POLITICAL  SUBDIVISION  OR  GOVERNMENTAL
INSTRUMENTALITY  BY  FALSE  OR  FRAUDULENT PRETENSES, REPRESENTATIONS OR
PROMISES.
  CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE IS A CLASS E FELONY.
S 496.03 CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF CORRUPTING THE GOVERNMENT IN  THE  THIRD  DEGREE
WHEN  HE  OR  SHE  ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE  POLI-
TICAL  SUBDIVISIONS  OF THE STATE OR ONE OR MORE GOVERNMENTAL INSTRUMEN-
TALITIES WITHIN THE STATE, OR TO  OBTAIN  PROPERTY,  SERVICES  OR  OTHER
RESOURCES  FROM  ANY  SUCH  STATE, POLITICAL SUBDIVISION OR GOVERNMENTAL
INSTRUMENTALITY BY FALSE OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR
PROMISES,  AND  SO  OBTAINS PROPERTY, SERVICES OR OTHER RESOURCES WITH A
VALUE IN EXCESS OF ONE THOUSAND DOLLARS.
  CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE IS A CLASS D FELONY.
S 496.04 CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF CORRUPTING THE GOVERNMENT IN THE  SECOND  DEGREE
WHEN  HE  OR  SHE  ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE  POLI-
TICAL  SUBDIVISIONS  OF THE STATE OR ONE OR MORE GOVERNMENTAL INSTRUMEN-
TALITIES WITHIN THE STATE, OR TO  OBTAIN  PROPERTY,  SERVICES  OR  OTHER
RESOURCES  FROM  ANY  SUCH  STATE, POLITICAL SUBDIVISION OR GOVERNMENTAL
INSTRUMENTALITY BY FALSE OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR
PROMISES,  AND  SO  OBTAINS PROPERTY, SERVICES OR OTHER RESOURCES WITH A
VALUE IN EXCESS OF FIVE THOUSAND DOLLARS.
  CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE IS A CLASS C FELONY.
S 496.05 CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF CORRUPTING THE GOVERNMENT IN  THE  FIRST  DEGREE
WHEN  HE  OR  SHE  ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE  POLI-
TICAL  SUBDIVISIONS  OF THE STATE OR ONE OR MORE GOVERNMENTAL INSTRUMEN-
TALITIES WITHIN THE STATE, OR TO  OBTAIN  PROPERTY,  SERVICES  OR  OTHER
RESOURCES  FROM  ANY  SUCH  STATE, POLITICAL SUBDIVISION OR GOVERNMENTAL
INSTRUMENTALITY BY FALSE OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR
PROMISES,  AND  SO  OBTAINS PROPERTY, SERVICES OR OTHER RESOURCES WITH A
VALUE IN EXCESS OF TEN THOUSAND DOLLARS.
  CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE IS A CLASS B FELONY.
S 496.06 PUBLIC CORRUPTION.
  1. A PERSON COMMITS THE CRIME OF PUBLIC  CORRUPTION  WHEN  HE  OR  SHE
COMMITS  A  SPECIFIED OFFENSE AND THE STATE OR ANY POLITICAL SUBDIVISION
THEREOF OR ANY GOVERNMENTAL INSTRUMENTALITY  WITHIN  THE  STATE  IS  THE
OWNER  OF  THE  PROPERTY  OR  HAS  CONTROL OVER THE SERVICES AT ISSUE OR
OTHERWISE HAS THE RIGHT TO POSSESSION OF THE PROPERTY OR BENEFIT  TAKEN,
OBTAINED  OR WITHHELD SUPERIOR TO THAT PERSON OR IS OTHERWISE THE VICTIM
OF SUCH OFFENSE.
  2. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
PROVISIONS OF THIS CHAPTER:   SECTION 155.25  (PETIT  LARCENY);  SECTION
155.30  (GRAND  LARCENY  IN  THE  FOURTH  DEGREE); SECTION 155.35 (GRAND
LARCENY IN THE THIRD DEGREE);  SECTION  155.40  (GRAND  LARCENY  IN  THE
SECOND  DEGREE);  SECTION  155.42  (GRAND  LARCENY IN THE FIRST DEGREE);
SECTION 156.05 (UNAUTHORIZED USE OF A COMPUTER); SECTION  165.05  (UNAU-
THORIZED USE OF A VEHICLE IN THE THIRD DEGREE); 165.06 (UNAUTHORIZED USE
OF  A VEHICLE IN THE SECOND DEGREE); 165.08 (UNAUTHORIZED USE OF A VEHI-
CLE IN THE  FIRST  DEGREE);  470.05  (MONEY  LAUNDERING  IN  THE  FOURTH

S. 6355                            18                            A. 8555

DEGREE);  470.10  (MONEY  LAUNDERING IN THE THIRD DEGREE); 470.15 (MONEY
LAUNDERING IN THE SECOND DEGREE); 470.20 (MONEY LAUNDERING IN THE  FIRST
DEGREE).
S 496.07 SENTENCING.
  1. WHEN A PERSON IS CONVICTED OF THE CRIME OF PUBLIC CORRUPTION PURSU-
ANT  TO  SECTION  496.06  OF THIS ARTICLE AND THE SPECIFIED OFFENSE IS A
MISDEMEANOR OR A CLASS C, D OR E FELONY, THE CRIME SHALL BE DEEMED TO BE
ONE CATEGORY HIGHER THAN THE SPECIFIED OFFENSE THE DEFENDANT  COMMITTED,
OR  ONE CATEGORY HIGHER THAN THE OFFENSE LEVEL APPLICABLE TO THE DEFEND-
ANT'S CONVICTION FOR AN ATTEMPT OR  CONSPIRACY  TO  COMMIT  A  SPECIFIED
OFFENSE, WHICHEVER IS APPLICABLE.
  2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  WHEN A PERSON IS
CONVICTED OF THE CRIME OF PUBLIC CORRUPTION PURSUANT TO THIS ARTICLE AND
THE SPECIFIED OFFENSE IS A CLASS B FELONY:
  (A) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST  BE  AT  LEAST
SIX  YEARS  IF  THE  DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.00 OF
THIS CHAPTER; AND
  (B) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST  BE  AT  LEAST
TEN  YEARS  IF  THE  DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.06 OF
THIS CHAPTER.
  S 15. Subdivision 4 of section 200.50 of the criminal  procedure  law,
as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
follows:
  4. A statement in each count that the grand jury, or, where the  accu-
satory  instrument  is a superior court information, the district attor-
ney, accuses the  defendant  or  defendants  of  a  designated  offense,
provided  that in any prosecution under article four hundred eighty-five
of the penal law, the designated offense shall be the specified offense,
as defined in subdivision three of section  485.05  of  the  penal  law,
followed  by  the phrase "as a hate crime", and provided further that in
any prosecution under section 490.25 of the penal  law,  the  designated
offense  shall be the specified offense, as defined in subdivision three
of section 490.05 of the penal law, followed by the phrase "as  a  crime
of  terrorism";  and  provided  further  that  in  any prosecution under
section 130.91 of the penal law, the designated  offense  shall  be  the
specified  offense,  as  defined in subdivision two of section 130.91 of
the penal law, followed by the phrase "as a sexually motivated  felony";
AND PROVIDED FURTHER THAT IN ANY PROSECUTION UNDER SECTION 496.06 OF THE
PENAL  LAW,  THE  DESIGNATED  OFFENSE SHALL BE THE SPECIFIED OFFENSE, AS
DEFINED IN SUBDIVISION TWO OF SUCH SECTION, FOLLOWED BY THE PHRASE "AS A
PUBLIC CORRUPTION CRIME"; and
  S 16. Paragraph (a) of subdivision 1 of section 460.10  of  the  penal
law,  as  amended by chapter 405 of the laws of 2010, is amended to read
as follows:
  (a) Any of the felonies set forth in this  chapter:  sections  120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25 relating to kidnapping; section 135.35 relating  to  labor  traf-
ficking;  section  135.65  relating to coercion; sections 140.20, 140.25
and 140.30 relating to burglary;  sections  145.05,  145.10  and  145.12
relating  to  criminal  mischief;  article one hundred fifty relating to
arson; sections 155.30, 155.35, 155.40  and  155.42  relating  to  grand
larceny;  sections  177.10, 177.15, 177.20 and 177.25 relating to health
care fraud; article one hundred  sixty  relating  to  robbery;  sections
165.45,  165.50,  165.52  and  165.54 relating to criminal possession of

S. 6355                            19                            A. 8555

stolen property; sections 165.72 and 165.73 relating to trademark  coun-
terfeiting;  sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40  and
210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
176.30  relating to insurance fraud; sections 178.20 and 178.25 relating
to criminal diversion of  prescription  medications  and  prescriptions;
sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 195.00, 195.01,
195.02,  200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery;  sections
187.10,  187.15,  187.20  and  187.25  relating  to residential mortgage
fraud, sections 190.40 and 190.42 relating to  criminal  usury;  section
190.65  relating  to  schemes to defraud; ANY OFFENSE DEFINED IN ARTICLE
FOUR HUNDRED NINETY-SIX; sections 205.60 and 205.65 relating to  hinder-
ing prosecution; sections 210.10, 210.15, and 215.51 relating to perjury
and  contempt;  section  215.40  relating  to  tampering  with  physical
evidence; sections  220.06,  220.09,  220.16,  220.18,  220.21,  220.31,
220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 220.60 and 220.77 relat-
ing  to  controlled  substances;  sections 225.10 and 225.20 relating to
gambling; sections 230.25, 230.30,  and  230.32  relating  to  promoting
prostitution;  section  230.34  relating  to  sex  trafficking; sections
235.06, 235.07, 235.21 and 235.22 relating to obscenity; sections 263.10
and 263.15 relating to  promoting  a  sexual  performance  by  a  child;
sections   265.02,  265.03,  265.04,  265.11,  265.12,  265.13  and  the
provisions of section 265.10  which  constitute  a  felony  relating  to
firearms  and  other dangerous weapons; [and] sections 265.14 and 265.16
relating to criminal sale of a firearm; [and]  section  275.10,  275.20,
275.30,  or  275.40  relating  to  unauthorized recordings; and sections
470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
  S 17. Section 200.00 of the penal law, as amended by  chapter  833  of
the laws of 1986, is amended to read as follows:
S 200.00 Bribery in the third degree.
  A  person  is  guilty  of  bribery  in the third degree when he OR SHE
confers, or offers or agrees to confer, any benefit upon a public  serv-
ant  [upon an agreement or understanding that] WITH THE INTENT TO INFLU-
ENCE, IN WHOLE OR IN PART, such public servant's  vote,  opinion,  judg-
ment,  action,  decision  or  exercise of discretion as a public servant
[will thereby be influenced].
  Bribery in the third degree is a class D felony.
  S 18. Section 200.03 of the penal law, as amended by  chapter  833  of
the laws of 1986, is amended to read as follows:
S 200.03 Bribery in the second degree.
  A  person  is  guilty  of  bribery in the second degree when he OR SHE
confers, or offers or agrees to confer, any benefit valued in excess  of
[ten]  FIVE thousand dollars upon a public servant [upon an agreement or
understanding that] WITH THE INTENT TO INFLUENCE, IN WHOLE OR  IN  PART,
such public servant's vote, opinion, judgment, action, decision or exer-
cise of discretion as a public servant [will thereby be influenced].
  Bribery in the second degree is a class C felony.
  S  19. Section 200.04 of the penal law, as added by chapter 276 of the
laws of 1973, is amended to read as follows:
S 200.04 Bribery in the first degree.
  A person is guilty of bribery in the  first  degree  when  he  OR  SHE
confers, or offers or agrees to confer[,]: (A) any benefit upon a public
servant  [upon  an  agreement  or understanding that] WITH THE INTENT TO
INFLUENCE such public servant's vote, opinion, judgment,  action,  deci-
sion  or  exercise  of  discretion  as a public servant [will thereby be

S. 6355                            20                            A. 8555

influenced] in the  investigation,  arrest,  detention,  prosecution  or
incarceration  of any person for the commission or alleged commission of
a class A felony defined in article two hundred  twenty  of  [the  penal
law]  THIS  PART or an attempt to commit any such class A felony; OR (B)
ANY BENEFIT VALUED IN EXCESS OF TEN THOUSAND DOLLARS UPON A PUBLIC SERV-
ANT WITH THE INTENT TO INFLUENCE, IN WHOLE OR IN PART, SUCH PUBLIC SERV-
ANT'S  VOTE,  OPINION,  JUDGMENT,  ACTION,  DECISION  OR   EXERCISE   OF
DISCRETION AS A PUBLIC SERVANT.
  Bribery in the first degree is a class B felony.
  S 20. Section 200.05 of the penal law is amended to read as follows:
S 200.05 Bribery; defense; LIMITATIONS.
  1.  In any prosecution for bribery, it is a defense that the defendant
conferred or agreed to confer the benefit involved upon the public serv-
ant involved as a result of conduct of the latter  constituting  larceny
committed  by  means  of extortion, or an attempt to commit the same, or
coercion, or an attempt to commit coercion;
  2. IN ANY PROSECUTION PURSUANT  TO  SECTION  200.00,  200.03,  200.04,
200.10,  200.11,  200.12,  200.45  OR  200.50 OF THIS ARTICLE, NO PERSON
SHALL BE HELD TO HAVE VIOLATED SUCH SECTIONS  WHERE  THE  BENEFIT  IS  A
CAMPAIGN  CONTRIBUTION THAT IS PERMISSIBLE UNDER ARTICLE FOURTEEN OF THE
ELECTION LAW OR A COMPARABLE APPLICABLE PROVISION OF FEDERAL LAW,  IS  A
LOBBYING  EXPENSE  THAT  IS LEGAL UNDER ARTICLE ONE-A OF THE LEGISLATIVE
LAW OR, PURSUANT TO SUBDIVISION (J) OF SECTION ONE-C OF THE  LEGISLATIVE
LAW  IS  EXCLUDABLE  FROM  THE  DEFINITION OF A GIFT, UNLESS SUCH PERSON
CONFERS, OR OFFERS OR AGREES TO CONFER, SUCH BENEFIT UPON A PUBLIC SERV-
ANT UPON AN AGREEMENT OR UNDERSTANDING THAT SUCH PUBLIC SERVANT'S  VOTE,
OPINION,  JUDGMENT,  ACTION,  DECISION  OR  EXERCISE  OF DISCRETION AS A
PUBLIC SERVANT WILL THEREBY BE INFLUENCED.
  S 21. Section 200.10 of the penal law, as amended by  chapter  833  of
the laws of 1986, is amended to read as follows:
S 200.10 Bribe receiving in the third degree.
  A public servant is guilty of bribe receiving in the third degree when
he OR SHE:
  1.  solicits,  accepts  or  agrees  to accept any benefit from another
person upon an agreement or understanding that his OR HER vote, opinion,
judgment, action, decision or exercise of discretion as a public servant
will thereby be influenced[.]; OR
  2. SOLICITS, ACCEPTS OR AGREES TO ACCEPT A GIFT OF MORE  THAN  NOMINAL
VALUE  FROM  ANOTHER PERSON FOR, BECAUSE OF, OR AS CONSIDERATION FOR HIS
OR  HER  VOTE,  OPINION,  JUDGMENT,  ACTION,  DECISION  OR  EXERCISE  OF
DISCRETION AS A PUBLIC SERVANT.
  Bribe receiving in the third degree is a class D felony.
  S  22. Section 200.11 of the penal law, as added by chapter 833 of the
laws of 1986, is amended to read as follows:
S 200.11 Bribe receiving in the second degree.
  A public servant is guilty of bribe receiving  in  the  second  degree
when  he OR SHE solicits, accepts or agrees to accept any benefit valued
in excess of [ten] FIVE thousand dollars from another  person  [upon  an
agreement  or  understanding that], FOR, BECAUSE OF, OR AS CONSIDERATION
FOR his OR HER vote, opinion, judgment, action, decision or exercise  of
discretion as a public servant [will thereby be influenced].
  Bribe receiving in the second degree is a class C felony.
  S  23. Section 200.12 of the penal law, as added by chapter 276 of the
laws of 1973, is amended to read as follows:
S 200.12 Bribe receiving in the first degree.

S. 6355                            21                            A. 8555

  A public servant is guilty of bribe receiving in the first degree when
he OR SHE solicits, accepts or agrees to accept: (A)  any  benefit  from
another  person  [upon an agreement or understanding that], FOR, BECAUSE
OF, OR AS CONSIDERATION FOR his OR HER vote, opinion, judgment,  action,
decision  or exercise of discretion as a public servant [will thereby be
influenced] in the  investigation,  arrest,  detention,  prosecution  or
incarceration  of any person for the commission or alleged commission of
a class A felony defined in article two hundred  twenty  of  [the  penal
law]  THIS  PART or an attempt to commit any such class A felony; OR (B)
ANY BENEFIT VALUED IN  EXCESS  OF  TEN  THOUSAND  DOLLARS  FROM  ANOTHER
PERSON,  FOR, BECAUSE OF, OR AS CONSIDERATION FOR HIS OR HER VOTE, OPIN-
ION, JUDGMENT, ACTION, DECISION OR EXERCISE OF DISCRETION  AS  A  PUBLIC
SERVANT.
  Bribe receiving in the first degree is a class B felony.
  S 24. Section 200.45 of the penal law is amended to read as follows:
S 200.45 Bribe giving for public office.
  A  person  is  guilty of bribe giving for public office when he OR SHE
confers, or offers or agrees to confer, any money or other property upon
a public servant or a party officer [upon an agreement or  understanding
that]  ,  FOR,  BECAUSE OF, OR AS CONSIDERATION THAT some person will or
may be appointed to a public office or  designated  or  nominated  as  a
candidate for public office.
  Bribe giving for public office is a class D felony.
  S 25. Section 200.50 of the penal law is amended to read as follows:
S 200.50 Bribe receiving for public office.
  A  public  servant or a party officer is guilty of bribe receiving for
public office when he OR SHE solicits, accepts or agrees to  accept  any
money or other property from another person [upon an agreement or under-
standing  that],  FOR,  BECAUSE OF, OR AS CONSIDERATION THAT some person
will or may be appointed to a public office or designated  or  nominated
as a candidate for public office.
  Bribe receiving for public office is a class D felony.
  S  26. The penal law is amended by adding a new section 200.56 to read
as follows:
S 200.56 FAILURE TO REPORT BRIBERY.
  1. A PUBLIC SERVANT IS GUILTY OF FAILURE TO REPORT BRIBERY WHEN:
  (A) THE PUBLIC SERVANT KNOWS THAT  ANOTHER  PERSON  HAS  ATTEMPTED  TO
BRIBE  SUCH  PUBLIC SERVANT, AS SUCH CONDUCT IS DEFINED IN THIS ARTICLE,
OR SUCH PUBLIC SERVANT HAS WITNESSED OR HAS KNOWLEDGE OF  EITHER  (I)  A
PERSON  COMMITTING  ANY  DEGREE OF THE CRIME OF BRIBERY OR ATTEMPTING TO
COMMIT BRIBERY OF ANOTHER PUBLIC SERVANT, AS SUCH CONDUCT IS DEFINED  IN
THIS ARTICLE OR (II) ANOTHER PUBLIC SERVANT COMMITTING ANY DEGREE OF THE
CRIME OF BRIBE RECEIVING, AS DEFINED IN THIS ARTICLE; AND
  (B)  SUCH  PUBLIC SERVANT DOES NOT, AS SOON AS REASONABLY PRACTICABLE,
REPORT SUCH CRIME TO A DISTRICT ATTORNEY.
  2. ANY PUBLIC SERVANT WHO MAKES A REPORT AS REQUIRED BY  THIS  SECTION
SHALL NOT BE SUBJECT TO DISMISSAL, DISCIPLINE OR OTHER ADVERSE PERSONNEL
ACTION AS A RESULT OF MAKING SUCH REPORT.
  FAILURE TO REPORT BRIBERY IS A CLASS A MISDEMEANOR.
  S  27.  Subdivision 1 of section 80.00 of the penal law, as amended by
chapter 338 of the laws of 1989, is amended to read as follows:
  1. A sentence to pay a fine for a felony shall be a sentence to pay an
amount, fixed by the court, not exceeding the higher of
  a. five thousand dollars; or
  b. double the amount of the defendant's gain from  the  commission  of
the  crime OR, IF THE DEFENDANT IS CONVICTED OF A CRIME DEFINED IN ARTI-

S. 6355                            22                            A. 8555

CLE FOUR HUNDRED NINETY-SIX OF  THIS  CHAPTER,  ANY  HIGHER  AMOUNT  NOT
EXCEEDING  THREE  TIMES  THE  AMOUNT  OF  THE  DEFENDANT'S GAIN FROM THE
COMMISSION OF SUCH OFFENSE; or
  c.  if the conviction is for any felony defined in article two hundred
twenty or two hundred twenty-one  of  this  chapter,  according  to  the
following schedule:
  (i) for A-I felonies, one hundred thousand dollars;
  (ii) for A-II felonies, fifty thousand dollars;
  (iii) for B felonies, thirty thousand dollars;
  (iv) for C felonies, fifteen thousand dollars.
When  imposing  a fine pursuant to the provisions of this paragraph, the
court shall consider the profit gained by defendant's  conduct,  whether
the  amount  of  the  fine  is  disproportionate to the conduct in which
defendant engaged, its impact on any victims, and  defendant's  economic
circumstances,  including  the defendant's ability to pay, the effect of
the fine upon his or her immediate family or any other persons  to  whom
the defendant owes an obligation of support.
  S  28.  Subdivision  1 of section 80.10 of the penal law is amended to
read as follows:
  1. In general. A sentence to pay a fine, when imposed on a corporation
for an offense defined in this chapter or for an offense defined outside
this chapter for which no special corporate fine is specified, shall  be
a sentence to pay an amount, fixed by the court, not exceeding:
  (a) Ten thousand dollars, when the conviction is of a felony;
  (b)  Five thousand dollars, when the conviction is of a class A misde-
meanor or of an unclassified misdemeanor for which a term  of  imprison-
ment in excess of three months is authorized;
  (c)  Two  thousand dollars, when the conviction is of a class B misde-
meanor or of an unclassified misdemeanor for which the  authorized  term
of imprisonment is not in excess of three months;
  (d) Five hundred dollars, when the conviction is of a violation;
  (e)  Any  higher  amount not exceeding double the amount of the corpo-
ration's gain from the commission of the offense OR, IF THE  CORPORATION
IS  CONVICTED  OF  A CRIME DEFINED IN ARTICLE FOUR HUNDRED NINETY-SIX OF
THIS CHAPTER, ANY HIGHER AMOUNT NOT EXCEEDING THREE TIMES THE AMOUNT  OF
THE CORPORATION'S GAIN FROM THE COMMISSION OF SUCH OFFENSE.
  S  29. Subdivision (a) of section 1-c of the legislative law, as added
by chapter 2 of the laws of 1999, is amended to read as follows:
  (a) The term  "lobbyist"  shall  mean  every  person  or  organization
retained,  employed  or  designated by any client to engage in lobbying.
The term "lobbyist" shall not include any  officer,  director,  trustee,
employee, counsel or agent of the state, or any municipality or subdivi-
sion  thereof of New York when discharging their official duties; except
those officers, directors, trustees, employees, counsels, or  agents  of
colleges, as defined by section two of the education law.  PROVIDED THAT
ANY  INDIVIDUAL  WHO  STANDS CONVICTED OF A CRIME DEFINED IN ARTICLE TWO
HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION 195.00, 195.01  OR  195.02
OF  THE  PENAL  LAW  MAY  NOT BE RETAINED, EMPLOYED OR DESIGNATED BY ANY
CLIENT TO ENGAGE IN LOBBYING.
  S 30. Section 139-a of the state finance law, as  amended  by  chapter
268 of the laws of 1971, is amended to read as follows:
  S  139-a. Ground for cancellation of contract by state. A clause shall
be inserted in all specifications or contracts hereafter made or awarded
by the state or any public department, agency or official  thereof,  for
work  or  services  performed or to be performed, or goods sold or to be
sold, to provide that: (A) upon the refusal by  a  person,  when  called

S. 6355                            23                            A. 8555

before a grand jury, head of a state department, temporary state commis-
sion  or  other  state  agency, or the organized crime task force in the
department of law, which  is  empowered  to  compel  the  attendance  of
witnesses  and  examine them under oath, to testify in an investigation,
concerning any transaction or contract had with the state, any political
subdivision thereof, a public authority or with any  public  department,
agency  or official of the state or of any political subdivision thereof
or of a public authority, to sign a waiver of  immunity  against  subse-
quent criminal prosecution or to answer any relevant question concerning
such  transaction  or contract; OR (B) UPON THE CONVICTION OF ANY PERSON
OF AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED OR FOUR HUNDRED  NINETY-SIX
OR SECTION 195.00, 195.01 OR 195.02 OF THE PENAL LAW,
  [(a)]  (I)  such  person,  and any firm, partnership or corporation of
which he is a member, partner, director or officer shall be disqualified
from thereafter selling to or submitting bids  to  or  receiving  awards
from or entering into any contracts with the state or any public depart-
ment,  agency  or  official  thereof, for goods, work or services, for a
period of five years after such  refusal,  OR  UPON  CONVICTION  OF  ANY
OFFENSE  DEFINED  IN  ARTICLE  TWO HUNDRED OR FOUR HUNDRED NINETY-SIX OR
SECTION 195.00, 195.01 OR 195.02 OF THE PENAL  LAW,  FOR  LIFE,  and  to
provide also that
  [(b)]  (II)  any  and  all contracts made with the state or any public
department, agency or official thereof, since the effective date of this
law, by such person, and by any  firm,  partnership  or  corporation  of
which  he  is a member, partner, director or officer may be cancelled or
terminated by the state without incurring  any  penalty  or  damages  on
account of such cancellation or termination, but any monies owing by the
state  for  goods  delivered  or  work done prior to the cancellation or
termination shall be paid.
  S 31. Section 139-b of the state finance law, as  amended  by  chapter
268 of the laws of 1971, is amended to read as follows:
  S  139-b.  Disqualification to contract with state. 1. Any person who,
when called before a grand jury, head of a state  department,  temporary
state  commission  or  other  state  agency, or the organized crime task
force in the department of law, which is empowered to compel the attend-
ance of witnesses and examine them under oath, to testify in an investi-
gation, concerning any transaction or contract had with the  state,  any
political  subdivision  thereof,  a  public  authority  or with a public
department, agency or official of the state or of any political subdivi-
sion thereof or of a public authority, refuses to sign a waiver of immu-
nity against subsequent criminal prosecution or to answer  any  relevant
question concerning such transaction or contract, and any firm, partner-
ship  or corporation of which [he] ANY SUCH PERSON is a member, partner,
director or officer shall be disqualified from thereafter selling to  or
submitting  bids  to  or  receiving  awards  from  or  entering into any
contracts with the state or any public department,  agency  or  official
thereof,  for  goods, work or services, for a period of five years after
such refusal or until a disqualification shall be  removed  pursuant  to
the provisions of section one hundred thirty-nine-c of this article.
  It  shall  be  the  duty  of  the officer conducting the investigation
before the grand jury, the head of a state  department,  the  [chairman]
CHAIR  of  the  temporary state commission or other state agency, or the
organized crime task force in the department of  law  before  which  the
refusal  occurs  to send notice of such refusal, together with the names
of any firm, partnership or corporation of which the person so  refusing
is  known  to  be  a  member, partner, officer or director, to the state

S. 6355                            24                            A. 8555

commissioner of transportation, except in the  event  the  investigation
concerns  a public building transaction or contract said notice shall be
sent to the state commissioner of general services, and the  appropriate
departments, agencies and officials of the state, political subdivisions
thereof  or  public authorities with whom the person so refusing and any
firm, partnership or corporation of  which  he  is  a  member,  partner,
director  or  officer,  is  known to have a contract. However, when such
refusal occurs before a body other than a grand jury, notice of  refusal
shall  not  be  sent for a period of ten days after such refusal occurs.
Prior to the expiration of this ten day period, any person, firm,  part-
nership  or  corporation  which has become liable to the cancellation or
termination of a contract or disqualification to contract on account  of
such  refusal may commence a special proceeding at a special term of the
supreme court, held within the judicial district in  which  the  refusal
occurred,  for an order determining whether the questions in response to
which the refusal occurred were relevant and material  to  the  inquiry.
Upon  the commencement of such proceeding, the sending of such notice of
refusal to answer shall be subject to order of the court  in  which  the
proceeding  was  brought  in a manner and on such terms as the court may
deem just. If a proceeding is not brought within  ten  days,  notice  of
refusal shall thereupon be sent as provided herein.
  2.  ANY  PERSON  WHO STANDS CONVICTED OF AN OFFENSE DEFINED IN ARTICLE
TWO HUNDRED OR FOUR HUNDRED NINETY-SIX  OR  SECTION  195.00,  195.01  OR
195.02  OF  THE  PENAL  LAW, AND ANY FIRM, PARTNERSHIP OR CORPORATION OF
WHICH ANY SUCH PERSON IS A MEMBER, PARTNER, DIRECTOR OR OFFICER SHALL BE
DISQUALIFIED, FOR LIFE, FROM THEREAFTER SELLING TO OR SUBMITTING BIDS TO
OR RECEIVING AWARDS FROM OR ENTERING INTO ANY CONTRACTS WITH  THE  STATE
OR ANY PUBLIC DEPARTMENT, AGENCY OR OFFICIAL THEREOF, FOR GOODS, WORK OR
SERVICES.  IN  THE EVENT A PERSON OR FIRM, PARTNERSHIP OR CORPORATION IS
SO CONVICTED, THE OFFICE RESPONSIBLE FOR PROSECUTING SUCH OFFENSE  SHALL
SEND  NOTICE  OF  SUCH  CONVICTION  TOGETHER WITH THE NAMES OF ANY FIRM,
PARTNERSHIP OR CORPORATION OF WHICH THE PERSON IS KNOWN TO BE A  MEMBER,
PARTNER,  OFFICER  OR  DIRECTOR,  TO  THE  STATE COMMISSIONER OF GENERAL
SERVICES, AND SUCH APPROPRIATE DEPARTMENTS, AGENCIES  AND  OFFICIALS  OF
THE  STATE,  POLITICAL  SUBDIVISIONS  THEREOF OR PUBLIC AUTHORITIES WITH
WHOM THE PERSON AND ANY FIRM, PARTNERSHIP OR CORPORATION OF WHICH HE  IS
A MEMBER, PARTNER, DIRECTOR OR OFFICER, IS KNOWN TO HAVE A CONTRACT.
  S  32.  Subdivision  6  of  section 1310 of the civil practice law and
rules, as added by chapter 669 of the laws of 1984, is amended  to  read
as follows:
  6.  "Pre-conviction  forfeiture  crime" means only a felony defined in
article two hundred twenty OR FOUR HUNDRED NINETY-SIX or section 195.00,
195.01, 195.02, 221.30 or 221.55 of the penal law.
  S 33. Section 3 of the public officers law is amended by adding a  new
subdivision 1-a to read as follows:
  1-A.  NO  PERSON  SHALL BE CAPABLE OF HOLDING A CIVIL OFFICE WHO SHALL
STAND CONVICTED OF A CRIME  DEFINED  IN  ARTICLE  TWO  HUNDRED  OR  FOUR
HUNDRED NINETY-SIX OR SECTION 195.00, 195.01 OR 195.02 OF THE PENAL LAW.
  S 34. The real property tax law is amended by adding a new section 493
to read as follows:
  S  493.  LIMITATIONS.  1.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, ANY REAL PROPERTY WHICH WOULD OTHERWISE  BE  ELIGIBLE  FOR  AN
EXEMPTION,  CREDIT,  ABATEMENT,  REBATE  OR OTHER REDUCTION OR OFFSET OF
REAL PROPERTY TAX LIABILITY AUTHORIZED BY LAW SHALL NOT BE  SO  ELIGIBLE
IF  ANY  PERSON WHO STANDS TO BENEFIT FROM THE EXEMPTION, CREDIT, ABATE-
MENT, REBATE OR OTHER REDUCTION OR OFFSET STANDS CONVICTED OF AN OFFENSE

S. 6355                            25                            A. 8555

DEFINED IN ARTICLE TWO HUNDRED OR FOUR  HUNDRED  NINETY-SIX  OR  SECTION
195.00, 195.01 OR 195.02 OF THE PENAL LAW.
  2.  FOR PURPOSES OF THIS SECTION, A PERSON SHALL BE DEEMED TO STAND TO
BENEFIT FROM AN EXEMPTION, CREDIT, ABATEMENT, REBATE OR OTHER  REDUCTION
OR OFFSET OF REAL PROPERTY TAX LIABILITY IF THE PERSON IS:
  (A) AN OWNER OR BENEFICIAL OWNER THEREOF, OR
  (B)  IN  THE  CASE OF RESIDENTIAL REAL PROPERTY OWNED BY A COOPERATIVE
APARTMENT CORPORATION, A TENANT-STOCKHOLDER RESIDING THEREIN, OR
  (C) IN THE CASE OF A PARTNERSHIP THAT HAS LEGAL TITLE TO PROPERTY,  OR
IS OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES THEREON, A PARTNER THERE-
OF, OR
  (D) IN THE CASE OF A LIMITED LIABILITY COMPANY THAT HAS LEGAL TITLE TO
PROPERTY,  OR  IS OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES THEREON, A
MANAGER OR MEMBER THEREOF, OR
  (E) IN THE CASE OF A CORPORATION THAT HAS LEGAL TITLE TO  PROPERTY  OR
IS  OBLIGATED  TO  MAKE PAYMENTS IN LIEU OF TAXES THEREON, A DIRECTOR OR
OFFICER THEREOF.
  3. IN THE EVENT A  PERSON  OR  FIRM,  PARTNERSHIP  OR  CORPORATION  IS
CONVICTED  OF  AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED OR FOUR HUNDRED
NINETY-SIX OR SECTION 195.00, 195.01 OR 195.02 OF  THE  PENAL  LAW,  THE
OFFICE  RESPONSIBLE  FOR  PROSECUTING  SUCH OFFENSE SHALL SEND NOTICE OF
SUCH CONVICTION, TOGETHER WITH THE NAMES OF  ANY  FIRM,  PARTNERSHIP  OR
CORPORATION  OF WHICH THE PERSON IS KNOWN TO BE A MEMBER, PARTNER, OFFI-
CER OR DIRECTOR, TO THE ASSESSOR OF ANY ASSESSING  UNIT  IN  WHICH  SUCH
PERSON  OR SUCH FIRM, PARTNERSHIP OR CORPORATION IS KNOWN TO OWN PROPER-
TY.
  S 35. Section 960 of the general municipal law is amended by adding  a
new subdivision (f) to read as follows:
  (F)  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS ARTICLE, A BUSINESS
ENTERPRISE SHALL NOT BE ELIGIBLE FOR ANY BENEFITS PURSUANT TO THIS ARTI-
CLE IF SUCH ENTERPRISE STANDS CONVICTED OF AN OFFENSE DEFINED IN ARTICLE
TWO HUNDRED OR FOUR HUNDRED NINETY-SIX  OR  SECTION  195.00,  195.01  OR
195.02  OF THE PENAL LAW, OR IF ANY MEMBER, PARTNER, DIRECTOR OR OFFICER
OF SUCH ENTERPRISE STANDS CONVICTED OF ANY SUCH OFFENSE.
  S 36. The tax law is amended by adding a new section  41  to  read  as
follows:
  S  41.  LIMITATIONS ON TAX CREDIT ELIGIBILITY. ANY TAXPAYER WHO STANDS
CONVICTED, OR WHO IS A SHAREHOLDER OF AN S CORPORATION OR PARTNER  IN  A
PARTNERSHIP  WHICH  IS  CONVICTED,  OF AN OFFENSE DEFINED IN ARTICLE TWO
HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION 195.00, 195.01  OR  195.02
OF  THE PENAL LAW SHALL NOT BE ELIGIBLE FOR ANY TAX CREDIT ALLOWED UNDER
ARTICLE NINE, NINE-A, THIRTY-TWO OR THIRTY-THREE OF THIS CHAPTER OR  ANY
BUSINESS  TAX  CREDIT  ALLOWED UNDER ARTICLE TWENTY-TWO OF THIS CHAPTER.
FOR PURPOSES OF THIS SECTION, A BUSINESS TAX CREDIT ALLOWED UNDER  ARTI-
CLE  TWENTY-TWO  OF  THIS  CHAPTER  IS A TAX CREDIT ALLOWED TO TAXPAYERS
UNDER ARTICLE TWENTY-TWO WHICH IS SUBSTANTIALLY SIMILAR TO A TAX  CREDIT
ALLOWED  TO TAXPAYERS UNDER ARTICLE NINE-A OF THIS CHAPTER. IN THE EVENT
A PERSON OR FIRM, PARTNERSHIP OR CORPORATION IS CONVICTED OF AN  OFFENSE
DEFINED  IN  ARTICLE  TWO  HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION
195.00, 195.01 OR 195.02 OF THE PENAL LAW, THE  OFFICE  RESPONSIBLE  FOR
PROSECUTING  SUCH OFFENSE SHALL SEND NOTICE OF SUCH CONVICTION, TOGETHER
WITH THE NAMES OF ANY FIRM, PARTNERSHIP  OR  CORPORATION  OF  WHICH  THE
PERSON  IS  KNOWN  TO  BE A MEMBER, PARTNER, OFFICER OR DIRECTOR, TO THE
COMMISSIONER.

S. 6355                            26                            A. 8555

  S 37. Paragraph 8 of subdivision 3 of section 73-a of the public offi-
cers law, as amended by section 5 of part A of chapter 399 of  the  laws
of 2011, is amended to read as follows:
8.  (a)  If  the  reporting individual practices law, is licensed by the
    department of state as a real estate broker or agent or practices  a
    profession  licensed  by  the department of education, or works as a
    member or employee of  a  firm  required  to  register  pursuant  to
    section  one-e of the legislative law as a lobbyist, [give] DESCRIBE
    THE SERVICES RENDERED FOR WHICH COMPENSATION WAS PAID,  INCLUDING  a
    general description of the principal subject areas of matters under-
    taken  by  such  individual  OR  PRINCIPAL  DUTIES  PERFORMED. Addi-
    tionally, if such an individual practices with a firm or corporation
    and is a partner or shareholder of the firm or corporation,  give  a
    general description of principal subject areas of matters undertaken
    by such firm or corporation.

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________

  (b)  APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE, OR FOR NEW MATTERS
FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO  THOSE  SERVICES  THAT
ARE PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE:
  If the reporting individual personally provides services to any person
or  entity,  or works as a member or employee of a partnership or corpo-
ration that  provides  such  services  (referred  to  hereinafter  as  a
"firm"),  then  identify  each  client or customer to whom the reporting
individual  personally  AND  KNOWINGLY  provided  DIRECT   OR   INDIRECT
services,  or  who was referred to the firm by the reporting individual,
and from whom the reporting individual or his or her firm earned fees in
excess of $10,000 during the reporting period for such services rendered
in direct connection with:
  (i) A proposed bill or resolution in the senate or assembly during the
reporting period;
  (ii) A contract in an amount totaling $50,000  or more from the  state
or any state agency for services, materials, or property;
  (iii)  A  grant of $25,000  or more from the state or any state agency
during the reporting period;
  (iv) A grant obtained through  a  legislative  initiative  during  the
reporting period; or
  (v)  A  case,  proceeding,  application  or other matter that is not a
ministerial matter before a state agency during the reporting period.
  For purposes of this question, "referred  to  the  firm"  shall  mean:
having  intentionally  and  knowingly  taken a specific act or series of
acts to intentionally procure for the  reporting  individual's  firm  or
knowingly  solicit or direct to the reporting individual's firm in whole
or substantial part, a person or entity that becomes a  client  of  that
firm  for  the  purposes  of  representation  for a matter as defined in
subparagraphs (i) through (v) of this paragraph, as the result  of  such
procurement,  solicitation  or  direction of the reporting individual. A
reporting  individual  need  not  disclose  activities  performed  while
lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi-
sion seven of section seventy-three of this article.

S. 6355                            27                            A. 8555

  The  disclosure requirement in this question shall not require disclo-
sure of clients or  customers  receiving  medical  or  dental  services,
mental  health  services, residential real estate brokering services, or
insurance brokering services from the reporting individual or his or her
firm.  The  reporting individual need not identify any client to whom he
or she or his or her firm provided legal representation with respect  to
investigation or prosecution by law enforcement authorities, bankruptcy,
or  domestic  relations  matters. With respect to clients represented in
other matters, where disclosure of a  client's  identity  is  likely  to
cause harm, the reporting individual shall request an exemption from the
joint  commission  pursuant  to  paragraph  (i)  of  subdivision nine of
section ninety-four of the executive law. Only  a  reporting  individual
who  first  enters  public office after July first, two thousand twelve,
need not report clients or customers with respect to matters  for  which
the reporting individual or his or her firm was retained prior to enter-
ing public office.
Client                                    Nature of Services Provided
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

  (c)  APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
PROVIDED ON OR AFTER JANUARY FIRST, TWO THOUSAND  FIFTEEN,  OR  FOR  NEW
MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES
THAT ARE PROVIDED ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN:
  (I)  IF THE REPORTING INDIVIDUAL RECEIVES INCOME OF $50,000 OR GREATER
FROM ANY EMPLOYMENT OR ACTIVITY REPORTABLE UNDER QUESTION 8(A),  INCLUD-
ING  THE  PRACTICE  OF LAW, IDENTIFY EACH CLIENT OR CUSTOMER TO WHOM THE
REPORTING INDIVIDUAL OR HIS OR HER FIRM EARNED FEES IN EXCESS OF $10,000
DURING THE REPORTING PERIOD FOR SUCH SERVICES RENDERED IF SUCH CLIENT OR
CUSTOMER HAS A PENDING MATTER WITH THE  STATE,  EVEN  IF  THE  REPORTING
INDIVIDUAL  PROVIDES  NO  SERVICES  RELATED  TO  SUCH  MATTER, IN DIRECT
CONNECTION WITH:
(A) A PROPOSED BILL OR RESOLUTION IN THE SENATE OR ASSEMBLY  DURING  THE
    REPORTING PERIOD;
(B)  A  CONTRACT IN AN AMOUNT TOTALING $50,000 OR MORE FROM THE STATE OR
    ANY STATE AGENCY FOR SERVICES, MATERIALS, OR PROPERTY;
(C) A GRANT OF $25,000 OR MORE FROM THE STATE OR ANY STATE AGENCY DURING
    THE REPORTING PERIOD;
(D) A GRANT OBTAINED THROUGH A LEGISLATIVE INITIATIVE DURING THE REPORT-
    ING PERIOD; OR
(E) A CASE, PROCEEDING, APPLICATION OR OTHER MATTER THAT IS NOT A MINIS-
    TERIAL MATTER BEFORE A STATE AGENCY DURING THE REPORTING PERIOD.
  (II) THE REPORTING INDIVIDUAL SHALL  IDENTIFY  EVERY  CLIENT  DIRECTLY
REFERRED  TO  SUCH  INDIVIDUAL  BY  A REGISTERED LOBBYIST OR CLIENT OF A
LOBBYIST WHERE SUCH REFERRAL SHALL HAVE BEEN  MADE  BY  DIRECT  COMMUNI-
CATION  FROM THE LOBBYIST OR CLIENT OF A LOBBYIST TO THE REPORTING INDI-
VIDUAL. WITH RESPECT TO EACH SUCH CLIENT, THE REPORTING INDIVIDUAL SHALL
IDENTIFY THE NAME OF THE CLIENT SO REFERRED, THE AMOUNT OF  COMPENSATION
RECEIVED,  AND  THE  NAME  OF  THE  LOBBYIST OR CLIENT OF A LOBBYIST WHO
REFERRED SUCH CLIENT.  THE DISCLOSURE REQUIREMENTS IN  CLAUSES  (I)  AND
(II)  OF  THIS  SUBPARAGRAPH  SHALL NOT REQUIRE DISCLOSURE OF CLIENTS OR
CUSTOMERS RECEIVING MEDICAL OR DENTAL SERVICES, MENTAL HEALTH  SERVICES,
RESIDENTIAL  REAL  ESTATE  BROKERING  SERVICES,  OR  INSURANCE BROKERING

S. 6355                            28                            A. 8555

SERVICES FROM THE REPORTING INDIVIDUAL OR HIS OR HER FIRM. THE REPORTING
INDIVIDUAL NEED NOT IDENTIFY ANY CLIENT TO WHOM HE OR SHE OR HIS OR  HER
FIRM  PROVIDED  LEGAL  REPRESENTATION  WITH  RESPECT TO INVESTIGATION OR
PROSECUTION  BY  LAW  ENFORCEMENT  AUTHORITIES,  BANKRUPTCY, OR DOMESTIC
RELATIONS MATTERS. WITH RESPECT TO CLIENTS REPRESENTED IN OTHER MATTERS,
THE REPORTING INDIVIDUAL SHALL  REQUEST  AN  EXEMPTION  FROM  THE  JOINT
COMMISSION,  WHICH  SHALL  BE  GRANTED  FOR  GOOD  CAUSE  SHOWN. FOR THE
PURPOSES OF THIS QUESTION, GOOD CAUSE  MAY  BE  SHOWN  BY  CIRCUMSTANCES
INCLUDING,  BUT  NOT LIMITED TO, WHERE DISCLOSURE OF A CLIENT'S IDENTITY
WOULD REVEAL TRADE SECRETS OR HAVE A NEGATIVE  IMPACT  ON  THE  CLIENT'S
BUSINESS  INTERESTS,  WOULD  CAUSE  EMBARRASSMENT  FOR THE CLIENT, COULD
REASONABLY RESULT IN RETALIATION AGAINST THE CLIENT, OR  WOULD  TEND  TO
REVEAL  NON-PUBLIC  MATTERS  REGARDING A CRIMINAL INVESTIGATION.  ONLY A
REPORTING INDIVIDUAL WHO FIRST ENTERS PUBLIC OFFICE AFTER JANUARY FIRST,
TWO THOUSAND FIFTEEN, NEED NOT REPORT CLIENTS OR CUSTOMERS WITH  RESPECT
TO  MATTERS  FOR  WHICH  THE REPORTING INDIVIDUAL OR HIS OR HER FIRM WAS
RETAINED PRIOR TO ENTERING PUBLIC OFFICE.
CLIENT                                    NATURE OF SERVICES PROVIDED
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

  (D) List the name, principal address and general  description  or  the
nature  of  the  business  activity of any entity in which the reporting
individual or such individual's spouse had an investment  in  excess  of
$1,000 excluding investments in securities and interests in real proper-
ty.

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________

  S  38.  Severability.  If  any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion  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  39.  This act shall take effect on the thirtieth day after it shall
have become a law and shall only apply to acts  committed  on  or  after
such date.

                                SUBPART B

  Section  1.  Subdivision  1  of section 14-126 of the election law, as
amended by section 3 of part E of chapter 399 of the laws  of  2011,  is
amended to read as follows:
  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  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

S. 6355                            29                            A. 8555

elections]  CHIEF 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 penal-
ty, not in excess of ten thousand dollars, to be recoverable as provided
for in this subdivision.
  S 2. 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, and such other staff members as are
necessary in the exercise of its functions, and may  fix  their  compen-
sation.  [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 commissioner 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 GOVER-
NOR SHALL APPOINT A CHIEF ENFORCEMENT COUNSEL TO HEAD  THE  DIVISION  OF
ELECTION  LAW  ENFORCEMENT WHO SHALL HAVE A FIXED TERM OF FOUR YEARS AND
SHALL BE REMOVED ONLY FOR GOOD CAUSE AND SOLELY BY THE  GOVERNOR.    THE
CHIEF ENFORCEMENT COUNSEL SHALL HAVE SOLE AUTHORITY OVER PERSONNEL DECI-
SIONS  WITHIN  THE  ENFORCEMENT  UNIT.  ALL HIRING DECISIONS MADE BY THE
CHIEF ENFORCEMENT COUNSEL SHALL BE  MADE  WITHOUT  REGARD  TO  POLITICAL
PARTY  AFFILIATION.   ANY VACANCY IN THE OFFICE OF CO-EXECUTIVE DIRECTOR
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  vacat-
ing  incumbent  for  the  remaining  period of the term of such vacating
incumbent.
  S 3. Subdivision 3 and paragraph (c) of  subdivision  9-A  of  section
3-102  of the election law, subdivision 3 as amended by chapter 9 of the
laws of 1978 and paragraph (c) of subdivision 9-A as  added  by  chapter
430 of the laws of 1997, 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 CHIEF
ENFORCEMENT COUNSEL, ESTABLISHED PURSUANT TO SECTION 3-100 OF THIS ARTI-
CLE, SHALL CONDUCT ANY INVESTIGATION NECESSARY TO ENFORCE THE PROVISIONS
OF THIS CHAPTER;
  (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;
  S  4. 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; enforcement powers.
  1.  (A)  THERE  SHALL  BE A UNIT KNOWN AS THE DIVISION OF ELECTION LAW
ENFORCEMENT ESTABLISHED WITHIN THE STATE BOARD OF ELECTIONS. THE HEAD OF
SUCH UNIT SHALL BE THE CHIEF ENFORCEMENT COUNSEL.
  (B) The state board of elections shall have jurisdiction  of,  and  be
responsible  for,  the  execution  and  enforcement of the provisions of

S. 6355                            30                            A. 8555

article fourteen of this chapter and other statutes governing campaigns,
elections and  related  procedures;  PROVIDED  HOWEVER  THAT  THE  CHIEF
ENFORCEMENT  COUNSEL  SHALL  HAVE  AUTHORITY  WITHIN  THE STATE BOARD OF
ELECTIONS  TO INVESTIGATE ON HIS OR HER OWN INITIATIVE OR UPON COMPLAINT
ALLEGED  VIOLATIONS  OF  SUCH  STATUTES  AND  ALL  COMPLAINTS   ALLEGING
VIOLATIONS  SHALL  BE  FORWARDED TO THE ENFORCEMENT DIVISION OF ELECTION
LAW ENFORCEMENT.
  2. (A) 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 OR OTHER
PERSON  OR  ENTITY THAT FILES STATEMENTS REQUIRED BY 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  LOCAL
BOARD  SHALL  REPORT THE RESULTS OF ITS INVESTIGATION TO THE DIVISION OF
ELECTION LAW ENFORCEMENT CHIEF ENFORCEMENT COUNSEL WITHIN NINETY DAYS OF
THE START OF SUCH INVESTIGATION.   THE  CHIEF  ENFORCEMENT  COUNSEL  MAY
DIRECT  THE LOCAL BOARD OF ELECTIONS AT ANY TIME TO SUSPEND ITS INVESTI-
GATION SO THAT THE DIVISION OF ELECTION LAW ENFORCEMENT CAN  INVESTIGATE
THE MATTER.
  (B)  The  [state  board  of  elections]  CHIEF ENFORCEMENT COUNSEL 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.] 3. UPON RECEIPT OF A COMPLAINT AND SUPPORTING INFORMATION ALLEGING
ANY OTHER VIOLATION OF THIS CHAPTER, THE CHIEF ENFORCEMENT COUNSEL SHALL
ANALYZE  THE COMPLAINT TO DETERMINE IF AN INVESTIGATION SHOULD BE UNDER-
TAKEN. THE CHIEF ENFORCEMENT COUNSEL SHALL, IF NECESSARY,  OBTAIN  ADDI-
TIONAL  INFORMATION FROM THE COMPLAINANT OR FROM OTHER SOURCES 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  THIS  CHAPTER AND, SECOND, WHETHER THE ALLEGATIONS ARE
SUPPORTED BY CREDIBLE EVIDENCE.
  4. IF THE CHIEF ENFORCEMENT COUNSEL DETERMINES THAT  THE  ALLEGATIONS,
IF  TRUE,  WOULD  NOT CONSTITUTE A VIOLATION OF THIS CHAPTER OR THAT THE
ALLEGATIONS ARE NOT SUPPORTED BY CREDIBLE  EVIDENCE,  HE  OR  SHE  SHALL
ISSUE A LETTER TO THE COMPLAINANT DISMISSING THE COMPLAINT.

S. 6355                            31                            A. 8555

  5.  THE CHIEF ENFORCEMENT COUNSEL SHALL HAVE THE POWER TO FULLY INVES-
TIGATE VIOLATIONS OF THIS CHAPTER, INCLUDING THE POWER TO ISSUE  SUBPOE-
NAS  AND  TO  APPLY  FOR SEARCH WARRANTS PURSUANT TO ARTICLE SIX HUNDRED
NINETY OF THE CRIMINAL PROCEDURE LAW, AND,  EXCEPT  IN  EXIGENT  CIRCUM-
STANCES,  SHALL  GIVE  PRIOR  NOTICE  OF THE APPLICATION TO THE DISTRICT
ATTORNEY OF THE COUNTY IN WHICH SUCH A WARRANT IS TO BE EXECUTED, AND IN
SUCH EXIGENT CIRCUMSTANCES SHALL GIVE SUCH NOTICE AS SOON THEREAFTER  AS
IS  PRACTICABLE;  PROVIDED, HOWEVER THAT THE FAILURE TO GIVE NOTICE OF A
SEARCH WARRANT APPLICATION TO A DISTRICT ATTORNEY SHALL NOT BE A  GROUND
TO  SUPPRESS  THE  EVIDENCE  SEIZED  IN EXECUTING THE WARRANT. THE CHIEF
ENFORCEMENT COUNSEL SHALL BE FURTHER AUTHORIZED TO USE THE FULL INVESTI-
GATIVE POWERS OF THE STATE BOARD OF ELECTIONS, AS PROVIDED FOR IN SUBDI-
VISIONS THREE, FOUR, FIVE AND SIX OF SECTION 3-102 OF THIS TITLE.
  6. THE CHIEF ENFORCEMENT COUNSEL  MAY,  AFTER  CONSULTATION  WITH  THE
DISTRICT ATTORNEY AS TO THE TIME AND PLACE OF SUCH ATTENDANCE OR APPEAR-
ANCE,  ATTEND  IN  PERSON  ANY TERM OF THE COUNTY COURT OR SUPREME COURT
HAVING APPROPRIATE JURISDICTION, INCLUDING AN EXTRAORDINARY  SPECIAL  OR
TRIAL  TERM  OF  THE  SUPREME  COURT  WHEN  ONE IS APPOINTED PURSUANT TO
SECTION ONE HUNDRED FORTY-NINE OF THE JUDICIARY LAW,  OR  APPEAR  BEFORE
THE  GRAND  JURY  THEREOF, FOR THE PURPOSE OF MANAGING AND CONDUCTING IN
SUCH COURT OR BEFORE SUCH JURY A CRIMINAL ACTION OR PROCEEDING CONCERNED
WITH A CRIMINAL VIOLATION OF THIS CHAPTER.  THE CHIEF ENFORCEMENT  COUN-
SEL MAY REPRESENT, AND SHALL RECEIVE, THE ASSISTANCE OF THE STATE POLICE
IN  ANY INVESTIGATION HE OR SHE SHALL CONDUCT.  IN SUCH CASE, SUCH CHIEF
ENFORCEMENT COUNSEL OR HIS OR HER ASSISTANT SO  ATTENDING  MAY  EXERCISE
ALL  THE POWERS AND PERFORM ALL THE DUTIES IN RESPECT OF SUCH ACTIONS OR
PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE BE AUTHORIZED OR
REQUIRED TO EXERCISE OR PERFORM.
  7. (A) IF THE CHIEF ENFORCEMENT COUNSEL  DETERMINES  THAT  SUBSTANTIAL
REASON  EXISTS  TO  BELIEVE  THAT  A PERSON, ACTING AS OR ON BEHALF OF A
CANDIDATE OR POLITICAL 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 CHAP-
TER OR HAS UNLAWFULLY VIOLATED ANY PROVISION OF THIS CHAPTER, THE  CHIEF
ENFORCEMENT  COUNSEL  SHALL  SELECT  A  HEARING  OFFICER, FROM A LIST OF
PROSPECTIVE HEARING OFFICERS EACH APPROVED BY A TWO-THIRDS MAJORITY VOTE
OF THE BOARD, TO WHOM HE OR SHALL SHALL PROVIDE A WRITTEN REPORT AS  TO:
(1)  WHETHER  SUBSTANTIAL  REASON  EXISTS TO BELIEVE A VIOLATION OF THIS
CHAPTER HAS OCCURRED AND, IF SO, THE NATURE OF  THE  VIOLATION  AND  ANY
APPLICABLE  PENALTY,  BASED  ON THE NATURE OF THE VIOLATION; (2) WHETHER
THE MATTER SHOULD  BE  RESOLVED  EXTRA-JUDICIALLY;  AND  (3)  WHETHER  A
SPECIAL PROCEEDING SHOULD BE COMMENCED IN THE SUPREME COURT TO RECOVER A
CIVIL  PENALTY.    THE  HEARING  OFFICER SHALL MAKE FINDINGS OF FACT AND
CONCLUSIONS OF LAW BASED ON A PREPONDERANCE OF THE EVIDENCE AS TO WHETH-
ER A VIOLATION HAS BEEN ESTABLISHED AND WHO IS GUILTY OF SUCH  VIOLATION
ON  NOTICE  TO  AND  WITH  AN  OPPORTUNITY  FOR THE INDIVIDUAL OR ENTITY
ACCUSED OF ANY VIOLATIONS TO BE HEARD.  THE  CHIEF  ENFORCEMENT  COUNSEL
SHALL ADOPT SUCH REPORT AND COMMENCE A SPECIAL PROCEEDING IN THE SUPREME
COURT  PURSUANT  TO  SECTIONS  16-100, 16-114 AND 16-116 OF THIS CHAPTER
SHOULD THE FINDINGS OF FACT AND CONCLUSIONS OF LAW SUPPORT THE COMMENCE-
MENT OF SUCH PROCEEDING.  IF THE BOARD OF ELECTIONS FAILS TO  PRODUCE  A
LIST  OF  ELIGIBLE  HEARING  OFFICERS, THE CHIEF ENFORCEMENT COUNSEL MAY
COMMENCE A SPECIAL PROCEEDING AS  PROVIDED  HEREIN  IN  ACCORDANCE  WITH
RECOMMENDATIONS MADE IN HIS OR HER REPORT.
  (B) IF THE CHIEF ENFORCEMENT COUNSEL DETERMINES, THAT REASONABLE CAUSE
EXISTS  TO BELIEVE A VIOLATION WARRANTING CRIMINAL PROSECUTION HAS TAKEN

S. 6355                            32                            A. 8555

PLACE, THE CHIEF ENFORCEMENT COUNSEL SHALL COMMENCE A CRIMINAL ACTION OR
REFER SUCH MATTER TO THE ATTORNEY  GENERAL  OR  DISTRICT  ATTORNEY  WITH
JURISDICTION OVER SUCH MATTER TO COMMENCE A CRIMINAL ACTION AS SUCH TERM
IS DEFINED IN THE CRIMINAL PROCEDURE LAW.
  8. 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 CHIEF ENFORCEMENT COUNSEL SHALL  INVESTIGATE
THE ALLEGED VIOLATIONS UNLESS OTHERWISE DIRECTED BY THE COURT.
  9.  THE  CHIEF  ENFORCEMENT  COUNSEL  SHALL  PREPARE  A  REPORT, TO BE
INCLUDED IN THE ANNUAL REPORT  TO  THE  GOVERNOR,  THE  STATE  BOARD  OF
ELECTIONS AND LEGISLATURE, SUMMARIZING THE ACTIVITIES OF THE UNIT DURING
THE PREVIOUS YEAR.
  10.  The state board of elections may promulgate rules and regulations
consistent with law to effectuate the provisions of this section.
  S 5. Subdivision 32 of section 1.20 of the criminal procedure law,  as
amended  by  section  4 of part A of chapter 501 of the laws of 2012, is
amended to read as follows:
  32. "District  attorney"  means  a  district  attorney,  an  assistant
district  attorney  or a special district attorney, and, where appropri-
ate, the attorney general,  an  assistant  attorney  general,  a  deputy
attorney  general,  a  special deputy attorney general, [or] the special
prosecutor and inspector general  for  the  protection  of  people  with
special  needs  or  his  or her assistants when acting pursuant to their
duties in matters arising under article twenty of the executive law,  OR
THE  CHIEF  ENFORCEMENT  COUNSEL  OF  THE  STATE BOARD OF ELECTIONS WHEN
ACTING PURSUANT TO HIS OR  HER  DUTIES  IN  MATTERS  ARISING  UNDER  THE
ELECTION LAW.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law.

                                SUBPART C

  Section 1. Section 14-100 of the election law  is  amended  by  adding
four 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 ARTICLE,
EACH  LOCAL,  PARENT  NATIONAL OR PARENT INTERNATIONAL ORGANIZATION OF A
STATEWIDE LABOR ORGANIZATION, AND EACH  STATEWIDE  FEDERATION  RECEIVING

S. 6355                            33                            A. 8555

DUES FROM SUBSIDIARY LABOR ORGANIZATIONS, SHALL BE CONSIDERED A SEPARATE
LABOR ORGANIZATION.
  15.  "INTERMEDIARY"  MEANS  AN  INDIVIDUAL,  CORPORATION, PARTNERSHIP,
POLITICAL COMMITTEE, LABOR ORGANIZATION, OR OTHER  ENTITY  WHICH,  OTHER
THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY, OR MESSEN-
GER  SERVICE, DELIVERS ANY CONTRIBUTION FROM ANOTHER PERSON OR ENTITY TO
A CANDIDATE OR AN AUTHORIZED COMMITTEE.
  "INTERMEDIARY"  SHALL  NOT  INCLUDE  SPOUSES,  PARENTS,  CHILDREN,  OR
SIBLINGS OF THE PERSON MAKING SUCH CONTRIBUTION.
  S  2.  Subdivision 1 of section 14-102 of the election law, as amended
by chapter 8 and as redesignated by chapter 9 of the laws  of  1978,  is
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 or
incurs any liability to pay money or its equivalent  shall  file  state-
ments  sworn,  or subscribed and bearing a form notice that false state-
ments made therein are punishable as a class A misdemeanor  pursuant  to
section  210.45 of the penal law, at the times prescribed by this [arti-
cle] TITLE 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 of the transferor, contributor,
INTERMEDIARY, or person from  whom  received,  and  if  the  transferor,
contributor,  INTERMEDIARY, 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. AN INTERMEDIARY
NEED  NOT  BE  REPORTED  FOR  A  CONTRIBUTION  THAT WAS COLLECTED FROM A
CONTRIBUTOR IN CONNECTION WITH A PARTY OR OTHER CANDIDATE-RELATED  EVENT
HELD  AT THE RESIDENCE OF THE PERSON DELIVERING THE CONTRIBUTION, UNLESS
THE EXPENSES OF SUCH EVENT AT SUCH RESIDENCE FOR SUCH  CANDIDATE  EXCEED
FIVE  HUNDRED  DOLLARS OR THE AGGREGATE CONTRIBUTIONS RECEIVED FROM THAT
CONTRIBUTOR AT SUCH EVENT EXCEED FIVE  HUNDRED  DOLLARS.  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] TITLE.
  S  3.  Section  14-106 of the election law, as amended by section 2 of
part E of chapter 399 of the  laws  of  2011,  is  amended  to  read  as
follows:
  S 14-106. Political communication. The statements required to be filed
under  the provisions of this article next succeeding a primary, general
or special election shall be accompanied by a  copy  of  all  broadcast,
cable  or  satellite  schedules  and  scripts, internet, print and other
types  of  advertisements,  pamphlets,  circulars,  flyers,   brochures,
letterheads  and other printed matter purchased or produced, AND REPROD-
UCTIONS OF STATEMENTS OR INFORMATION PUBLISHED TO ONE THOUSAND  OR  MORE

S. 6355                            34                            A. 8555

MEMBERS  OF  A  GENERAL  PUBLIC AUDIENCE BY COMPUTER OR OTHER ELECTRONIC
DEVICE INCLUDING BUT NOT LIMITED TO ELECTRONIC  MAIL  OR  TEXT  MESSAGE,
purchased  in connection with such election by or under the authority of
the  person filing the statement or the committee or the person on whose
behalf it is filed, as the case  may  be.  Such  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.
  S  4.  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 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 INFORMATION CONVEYED TO ONE THOUSAND OR MORE
MEMBERS OF A GENERAL PUBLIC AUDIENCE WHICH: (I) UNAMBIGUOUSLY REFERS  TO
AND ADVOCATES FOR OR AGAINST A CLEARLY IDENTIFIED CANDIDATE OR EXPRESSLY
ADVOCATES  THE  SUCCESS  OR  DEFEAT  OF A BALLOT PROPOSAL, AND (II) SUCH
CANDIDATE, THE CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLI-
TICAL 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.   FOR THE PURPOSES  OF  THIS  DEFI-
NITION, A COMMUNICATION ADVOCATES FOR OR AGAINST A CANDIDATE WHEN IT (I)
IRRESPECTIVE  OF WHEN SUCH COMMUNICATION IS MADE, CONTAINS WORDS SUCH AS
"VOTE," "OPPOSE," "SUPPORT," "ELECT," "DEFEAT," OR "REJECT," WHICH  CALL
FOR  THE ELECTION OR DEFEAT OF THE CLEARLY IDENTIFIED CANDIDATE, OR (II)
WITHIN ONE YEAR OF THE ELECTION BUT MORE THAN SIXTY DAYS BEFORE A GENER-
AL OR SPECIAL ELECTION FOR THE OFFICE SOUGHT BY THE CANDIDATE OR  THIRTY
DAYS  BEFORE  A PRIMARY ELECTION, COULD ONLY BE INTERPRETED BY A REASON-
ABLE PERSON AS ADVOCATING FOR THE ELECTION  OR  DEFEAT  OF  THE  CLEARLY
IDENTIFIED  CANDIDATE  IN SUCH ELECTION BASED UPON UNEQUIVOCAL, UNAMBIG-
UOUS TERMS OF SUPPORT OR OPPOSITION, OR (III) WITHIN SIXTY DAYS PRIOR TO
A GENERAL OR SPECIAL ELECTION FOR THE OFFICE SOUGHT BY THE CANDIDATE  OR
THIRTY  DAYS BEFORE A PRIMARY ELECTION, INCLUDES OR REFERENCES A CLEARLY
IDENTIFIED CANDIDATE.
  (B) INDEPENDENT EXPENDITURES DO NOT INCLUDE EXPENDITURES IN CONNECTION
WITH:
  (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) INTERNAL COMMUNICATION BY MEMBERS TO OTHER MEMBERS OF A  MEMBER-
SHIP ORGANIZATION, FOR THE PURPOSE OF SUPPORTING OR OPPOSING A CANDIDATE
OR  CANDIDATES  FOR  ELECTIVE OFFICE, PROVIDED SUCH EXPENDITURES ARE NOT
USED FOR THE COSTS  OF  CAMPAIGN  MATERIAL  OR  COMMUNICATIONS  USED  IN
CONNECTION  WITH  BROADCASTING,  TELECASTING,  NEWSPAPERS, MAGAZINES, OR
OTHER PERIODICAL PUBLICATION, BILLBOARDS, OR SIMILAR  TYPES  OF  GENERAL
PUBLIC COMMUNICATIONS; OR
  (IV)  A  COMMUNICATION  PUBLISHED ON THE INTERNET, UNLESS THE COMMUNI-
CATION IS A PAID ADVERTISEMENT.
  (C) FOR PURPOSES OF THIS SECTION, THE TERM "PERSON" SHALL MEAN PERSON,
GROUP OF PERSONS, CORPORATION,  UNINCORPORATED  BUSINESS  ENTITY,  LABOR

S. 6355                            35                            A. 8555

ORGANIZATION OR BUSINESS, TRADE OR PROFESSIONAL ASSOCIATION OR ORGANIZA-
TION, OR POLITICAL COMMITTEE.
  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 WAS NOT
EXPRESSLY AUTHORIZED OR REQUESTED BY ANY CANDIDATE,  OR  BY  ANY  CANDI-
DATE'S POLITICAL COMMITTEE OR ANY OF ITS AGENTS.
  3. (A) ANY PERSON WHO MAKES ANY INDEPENDENT EXPENDITURE IN AN UPCOMING
CALENDAR  YEAR SHALL FIRST REGISTER WITH THE STATE BOARD OF ELECTIONS AS
A POLITICAL COMMITTEE IN CONFORMANCE WITH THIS ARTICLE.
  (B) ANY PERSON WHO IS REGISTERED PURSUANT TO  PARAGRAPH  (A)  OF  THIS
SUBDIVISION  SHALL  REPORT  INDEPENDENT  EXPENDITURES  OVER ONE THOUSAND
DOLLARS TO THE STATE BOARD OF ELECTIONS ON A STATEMENT IN THE  FORM  SET
FORTH IN SUBDIVISION FOUR OF THIS SECTION AND AT TIMES SET FORTH IN THIS
SUBDIVISION.
  (C)  ANY CONTRIBUTION OVER ONE THOUSAND DOLLARS MADE TO ANY PERSON WHO
HAS REGISTERED WITH THE STATE BOARD OF ELECTIONS PURSUANT  TO  PARAGRAPH
(A)  OF THIS SUBDIVISION PRIOR TO THIRTY DAYS BEFORE ANY PRIMARY, GENER-
AL, OR SPECIAL ELECTION SHALL BE DISCLOSED BY SUCH PERSON TO  THE  STATE
BOARD OF ELECTIONS ELECTRONICALLY WITHIN FORTY-EIGHT HOURS OF RECEIPT.
  (D)  ANY CONTRIBUTION OVER ONE THOUSAND DOLLARS MADE TO ANY PERSON WHO
HAS REGISTERED WITH THE STATE BOARD OF ELECTIONS PURSUANT  TO  PARAGRAPH
(A)  OF THIS SUBDIVISION WITHIN THIRTY DAYS BEFORE ANY PRIMARY, GENERAL,
OR SPECIAL ELECTION SHALL BE DISCLOSED BY SUCH PERSON TO THE STATE BOARD
OF ELECTIONS ELECTRONICALLY WITHIN TWENTY-FOUR HOURS OF RECEIPT.
  (E) A KNOWING AND WILLFUL VIOLATION OF THE PROVISIONS OF THIS SUBDIVI-
SION SHALL SUBJECT THE PERSON TO A CIVIL PENALTY EQUAL TO FIVE  THOUSAND
DOLLARS  OR  THE  COST  OF THE COMMUNICATION, WHICHEVER IS GREATER, IN A
SPECIAL PROCEEDING OR CIVIL ACTION  BROUGHT  BY  THE  BOARD  OR  IMPOSED
DIRECTLY BY THE BOARD OF ELECTIONS.
  4.  EACH  SUCH  STATEMENT  IN  SUBDIVISION THREE OF THIS SECTION SHALL
INCLUDE, IN ADDITION TO ANY OTHER INFORMATION REQUIRED BY LAW:
  (A) THE NAME, ADDRESS, OCCUPATION AND EMPLOYER OF  THE  PERSON  MAKING
THE STATEMENT;
  (B)  THE  NAME,  ADDRESS, OCCUPATION AND EMPLOYER OF THE PERSON MAKING
THE INDEPENDENT EXPENDITURE;
  (C) THE NAME, ADDRESS, OCCUPATION AND EMPLOYER OF ANY PERSON PROVIDING
A CONTRIBUTION, GIFT, LOAN, ADVANCE OR DEPOSIT OF ONE  THOUSAND  DOLLARS
OR  MORE  FOR  THE INDEPENDENT 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
CONTRIBUTION,  GIFT,  LOAN,  ADVANCE OR DEPOSIT TO A LABOR ORGANIZATION;
AND PROVIDED FURTHER THAT THE NAME AND  ADDRESS  OF  AN  EMPLOYEE  OF  A
CORPORATION,  UNINCORPORATED  BUSINESS ENTITY OR A MEMBER OF A BUSINESS,
TRADE OR PROFESSIONAL ASSOCIATION OR ORGANIZATION IS NOT REQUIRED FOR  A
CONTRIBUTION,  GIFT, LOAN, ADVANCE OR DEPOSIT TO SUCH CORPORATION, UNIN-
CORPORATED BUSINESS ENTITY OR BUSINESS, TRADE  OR  PROFESSIONAL  ASSOCI-
ATION 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.

S. 6355                            36                            A. 8555

  5. A COPY OF ALL POLITICAL COMMUNICATIONS PAID FOR BY THE  INDEPENDENT
EXPENDITURE,  INCLUDING BUT NOT LIMITED TO BROADCAST, CABLE OR SATELLITE
SCHEDULES AND SCRIPTS,  ADVERTISEMENTS,  PAMPHLETS,  CIRCULARS,  FLYERS,
BROCHURES, LETTERHEADS AND OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
MATION  CONVEYED  TO  ONE  THOUSAND  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 THIS SECTION.
  6. EVERY STATEMENT REQUIRED TO BE FILED PURSUANT TO THIS SECTION SHALL
BE FILED ELECTRONICALLY WITH THE STATE BOARD OF ELECTIONS.
  7. 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  5.  Subdivision 3 of section 14-124 of the election law, as amended
by chapter 71 of the laws of 1988, is amended to read as follows:
  3. The contribution and receipt limits of this article shall not apply
to monies received and expenditures made by a party committee or consti-
tuted committee to maintain a permanent headquarters and staff and carry
on ordinary activities which are not for the express purpose of  promot-
ing the candidacy of specific candidates, EXCEPT THAT CONTRIBUTIONS MADE
FOR  SUCH ACTIVITIES TO A PARTY COMMITTEE OR CONSTITUTED COMMITTEE SHALL
BE LIMITED TO TWENTY-FIVE THOUSAND DOLLARS IN THE  AGGREGATE  FROM  EACH
CONTRIBUTOR IN EACH YEAR.
  S  6.  Section  14-126 of the election law, as amended by section 3 of
part E of chapter 399 of the  laws  of  2011,  is  amended  to  read  as
follows:
  S 14-126. Violations; penalties. 1. (A) 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 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] CHIEF ENFORCEMENT  COUN-
SEL  PURSUANT  TO THIS CHAPTER OR IMPOSED DIRECTLY BY THE STATE BOARD OF
ELECTIONS.  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 penal-
ty, not in excess of ten thousand dollars, to be recoverable as provided
for in this subdivision.
  (B) FINES AUTHORIZED TO BE IMPOSED DIRECTLY  BY  THE  STATE  BOARD  OF
ELECTIONS  SHALL  BE  AFTER  A  HEARING  AT  WHICH THE SUBJECT PERSON OR
AUTHORIZED COMMITTEE SHALL BE GIVEN THE OPPORTUNITY TO  BE  HEARD.  SUCH
HEARING  SHALL  BE  HELD  IN  SUCH MANNER AND UPON SUCH NOTICE AS MAY BE
PRESCRIBED BY THE RULES OF THE STATE BOARD OF ELECTIONS. FOR PURPOSES OF
CONDUCTING SUCH HEARINGS, THE STATE BOARD OF ELECTIONS SHALL  BE  DEEMED
TO  BE AN AGENCY WITHIN THE MEANING OF ARTICLE THREE OF THE STATE ADMIN-
ISTRATIVE PROCEDURE ACT AND SHALL ADOPT RULES GOVERNING THE  CONDUCT  OF
ADJUDICATORY  PROCEEDINGS  AND  APPEALS  TAKEN  PURSUANT TO A PROCEEDING
COMMENCED UNDER ARTICLE SEVENTY-EIGHT OF  THE  CIVIL  PRACTICE  LAW  AND
RULES  RELATING  TO  THE ASSESSMENT OF THE CIVIL PENALTIES AUTHORIZED IN
THIS SECTION.
  (C) ALL PAYMENTS RECEIVED BY THE STATE BOARD OF ELECTIONS PURSUANT  TO
THIS SECTION SHALL BE RETAINED IN THE APPROPRIATE ACCOUNTS AS DESIGNATED
BY THE DIVISION OF THE BUDGET FOR ENFORCEMENT ACTIVITIES BY THE BOARD OF
ELECTIONS.
  2.  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

S. 6355                            37                            A. 8555

amount and shall be subject to a  civil  penalty  equal  to  the  excess
amount plus a fine of up to ten thousand dollars, to be recoverable in a
special  proceeding  or civil action to be brought by the state board of
elections  CHIEF  ENFORCEMENT  COUNSEL  OR IMPOSED DIRECTLY BY THE STATE
BOARD OF ELECTIONS.
  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  CHIEF  ENFORCEMENT  COUNSEL  OR IMPOSED DIRECTLY BY THE STATE
BOARD OF ELECTIONS.  FOR PURPOSES OF THIS SUBDIVISION, THE TERM "PERSON"
SHALL MEAN A PERSON, GROUP OF PERSONS, CORPORATION, UNINCORPORATED BUSI-
NESS ENTITY, LABOR ORGANIZATION OR BUSINESS, TRADE OR PROFESSIONAL ASSO-
CIATION OR ORGANIZATION OR POLITICAL COMMITTEE.
  4. 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.
  [4.] 5. 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 CLASS A misdemeanor.
  [5.] 6. 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 7. This act shall take effect June 1, 2014.

                                SUBPART D

  Section 1. The article heading of article 14 of the  election  law  is
amended to read as follows:
  [Campaign  Receipts  and  Expenditures] CAMPAIGN RECEIPTS AND EXPENDI-
TURES; PUBLIC FINANCING
  S 2. Sections 14-100 through 14-130 of article 14 of the election  law
are  designated  title  I  and  a  new title heading is added to read as
follows:
                   CAMPAIGN RECEIPTS AND EXPENDITURES
  S 3. Section 14-100 of the election law is amended  by  adding  a  new
subdivision 16 to read as follows:
  16. "AUTHORIZED COMMITTEE" MEANS THE SINGLE POLITICAL COMMITTEE DESIG-
NATED  BY  A  CANDIDATE  TO RECEIVE ALL CONTRIBUTIONS AUTHORIZED BY THIS
TITLE.
  S 3-a. Section 3-104 of the election law is amended by  adding  a  new
subdivision 6 to read as follows:
  6.  THERE SHALL BE A UNIT KNOWN AS THE STATE BOARD OF ELECTIONS PUBLIC
FINANCING UNIT ESTABLISHED WITHIN THE STATE BOARD  OF  ELECTIONS,  WHICH
SHALL  BE  RESPONSIBLE  FOR  ADMINISTERING  AND,  WITH  THE  DIVISION OF
ELECTION LAW ENFORCEMENT,  ENFORCING  THE  REQUIREMENTS  OF  THE  PUBLIC
FINANCING  SYSTEM  SET  FORTH  IN  TITLE TWO OF ARTICLE FOURTEEN OF THIS
CHAPTER.

S. 6355                            38                            A. 8555

  S 3-b. Subdivision 2 of section 14-108 of the election law, as amended
by chapter 109 of the laws of 1997, is amended to read as follows:
  2.  Each  statement  shall  cover  the  period up to and including the
fourth day next preceding the day specified  for  the  filing  thereof[;
provided,  however,  that].  THE  RECEIPT OF ANY CONTRIBUTION OR LOAN IN
EXCESS OF ONE THOUSAND DOLLARS SHALL  BE  DISCLOSED  WITHIN  FORTY-EIGHT
HOURS  OF RECEIPT, AND SHALL BE REPORTED IN THE SAME MANNER AS ANY OTHER
CONTRIBUTION OR LOAN ON THE  NEXT  APPLICABLE  STATEMENT.  HOWEVER,  any
contribution  or  loan  in  excess  of one thousand dollars, if received
after the close of the period to be covered in the last statement  filed
before  any  primary,  general  or  special  election  but  before  such
election, shall be reported, in the same manner as other  contributions,
within twenty-four hours after receipt.
  S  4.  Subdivisions  1  and  10 of section 14-114 of the election law,
subdivision 1 as amended and subdivision 10 as added by  chapter  79  of
the  laws  of 1992 and paragraphs a and b of subdivision 1 as amended by
chapter 659 of the laws of 1994, are amended to read as follows:
  1. The following limitations apply to all contributions to  candidates
for election to any public office or for nomination for any such office,
or  for  election  to  any  party positions, and to all contributions to
political committees working directly or indirectly with  any  candidate
to  aid or participate in such candidate's nomination or election, other
than any contributions to any party committee or constituted committee:
  a. In any election for a public office to be voted on by the voters of
the entire state, or for nomination to any such office,  no  contributor
may  make a contribution to any candidate or political committee PARTIC-
IPATING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM  AS  DEFINED  IN
TITLE  TWO OF THIS ARTICLE, and no SUCH candidate or political committee
may accept any contribution from any contributor, which is in the aggre-
gate amount greater than:  (i) in the case of any nomination  to  public
office, the product of the total number of enrolled voters in the candi-
date's  party  in the state, excluding voters in inactive status, multi-
plied by $.005, but such amount shall be not [less  than  four  thousand
dollars  nor]  more  than [twelve] SIX thousand dollars [as increased or
decreased by the cost of living adjustment described in paragraph  c  of
this  subdivision,]  and  (ii)  in  the case of any election to [a] SUCH
public office, [twenty-five]  SIX  thousand  dollars  [as  increased  or
decreased  by  the cost of living adjustment described in paragraph c of
this subdivision]; provided however, that the maximum amount  which  may
be  so  contributed  or accepted, in the aggregate, from any candidate's
child, parent, grandparent, brother and sister, and the  spouse  of  any
such  persons,  shall not exceed in the case of any nomination to public
office an amount equivalent to the product of  the  number  of  enrolled
voters  in the candidate's party in the state, excluding voters in inac-
tive status, multiplied by $.025, and in the case of any election for  a
public  office,  an  amount  equivalent  to the product of the number of
registered voters in the state  excluding  voters  in  inactive  status,
multiplied by $.025.
  b.  In  any  other  election  for  party position or for election to a
public office or for nomination for any such office, no contributor  may
make  a contribution to any candidate or political committee PARTICIPAT-
ING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM DEFINED IN TITLE TWO
OF THIS ARTICLE (FOR THOSE OFFICES OR POSITIONS COVERED BY THAT  SYSTEM)
and no SUCH candidate or political committee may accept any contribution
from any contributor, which is in the aggregate amount greater than: (i)
in  the  case  of  any election for party position, or for nomination to

S. 6355                            39                            A. 8555

public office, the product of the total number of enrolled voters in the
candidate's party in the district in which he is a candidate,  excluding
voters  in  inactive status, multiplied by $.05, and (ii) in the case of
any  election  for  a  public office, the product of the total number of
registered voters in the district, excluding voters in inactive  status,
multiplied  by $.05, however in the case of a nomination within the city
of New York for the office of mayor,  public  advocate  or  comptroller,
such  amount  shall be not less than four thousand dollars nor more than
twelve thousand dollars as increased or decreased by the cost of  living
adjustment described in paragraph [c] E of this subdivision; in the case
of  an  election  within  the  city of New York for the office of mayor,
public  advocate  or  comptroller,  twenty-five  thousand   dollars   as
increased  or  decreased  by  the cost of living adjustment described in
paragraph [c] E of this subdivision; in the  case  of  a  nomination  OR
ELECTION  for  state  senator,  four  thousand  dollars [as increased or
decreased by the cost of living adjustment described in paragraph  c  of
this  subdivision;  in  the  case  of an election for state senator, six
thousand two hundred fifty dollars as increased or decreased by the cost
of living adjustment described in paragraph c of this  subdivision];  in
the  case  of  an  election  or nomination for a member of the assembly,
[twenty-five hundred] TWO THOUSAND dollars [as increased or decreased by
the cost of living adjustment described in paragraph c of this  subdivi-
sion;  but  in  no  event  shall  any such maximum exceed fifty thousand
dollars or be less than one thousand dollars];  provided  however,  that
the  maximum  amount  which  may  be  so contributed or accepted, in the
aggregate, from any candidate's child, parent, grandparent, brother  and
sister, and the spouse of any such persons, shall not exceed in the case
of  any  election  for party position or nomination for public office an
amount equivalent to the number of enrolled voters  in  the  candidate's
party  in  the  district in which he is a candidate, excluding voters in
inactive status, multiplied by $.25 and in the case of any  election  to
public  office,  an amount equivalent to the number of registered voters
in the district, excluding voters  in  inactive  status,  multiplied  by
$.25;  or  twelve hundred fifty dollars, whichever is greater, or in the
case of a nomination or election of a  state  senator,  twenty  thousand
dollars,  whichever  is  greater,  or  in  the  case  of a nomination or
election of a member  of  the  assembly  twelve  thousand  five  hundred
dollars,  whichever  is  greater, but in no event shall any such maximum
exceed one hundred thousand dollars.
  C.  IN ANY ELECTION FOR A PUBLIC OFFICE TO BE VOTED ON BY  THE  VOTERS
OF  THE ENTIRE STATE, OR FOR NOMINATION TO ANY SUCH OFFICE, NO CONTRIBU-
TOR MAY MAKE A CONTRIBUTION TO ANY CANDIDATE OR POLITICAL  COMMITTEE  IN
CONNECTION  WITH  A  CANDIDATE  WHO  IS NOT A PARTICIPATING CANDIDATE AS
DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE, AND
NO SUCH CANDIDATE OR POLITICAL COMMITTEE  MAY  ACCEPT  ANY  CONTRIBUTION
FROM  ANY  CONTRIBUTOR,  WHICH  IS IN THE AGGREGATE AMOUNT GREATER THAN:
(I) IN THE CASE OF ANY NOMINATION TO PUBLIC OFFICE, THE PRODUCT  OF  THE
TOTAL  NUMBER  OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN THE STATE,
EXCLUDING VOTERS IN INACTIVE  STATUS,  MULTIPLIED  BY  $.005,  BUT  SUCH
AMOUNT  SHALL  BE  NOT LESS THAN FOUR THOUSAND DOLLARS NOR MORE THAN TEN
THOUSAND DOLLARS, AND (II) IN THE CASE  OF  ANY  ELECTION  TO  A  PUBLIC
OFFICE,  FIFTEEN  THOUSAND  DOLLARS;  PROVIDED HOWEVER, THAT THE MAXIMUM
AMOUNT WHICH MAY BE SO CONTRIBUTED OR ACCEPTED, IN THE  AGGREGATE,  FROM
ANY  CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER AND SISTER, AND THE
SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED IN THE CASE  OF  ANY  NOMI-
NATION  TO  PUBLIC  OFFICE  AN  AMOUNT  EQUIVALENT TO THE PRODUCT OF THE

S. 6355                            40                            A. 8555

NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN THE STATE, EXCLUD-
ING VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.025, AND IN THE  CASE  OF
ANY ELECTION FOR A PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE PRODUCT OF
THE  NUMBER  OF REGISTERED VOTERS IN THE STATE EXCLUDING VOTERS IN INAC-
TIVE STATUS, MULTIPLIED BY $.025.
  D. IN ANY OTHER ELECTION FOR PARTY  POSITION  OR  FOR  ELECTION  TO  A
PUBLIC  OFFICE OR FOR NOMINATION FOR ANY SUCH OFFICE, NO CONTRIBUTOR MAY
MAKE  A  CONTRIBUTION  TO  ANY  CANDIDATE  OR  POLITICAL  COMMITTEE   IN
CONNECTION  WITH  A  CANDIDATE  WHO  IS NOT A PARTICIPATING CANDIDATE AS
DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE  AND
NO  SUCH  CANDIDATE  OR  POLITICAL COMMITTEE MAY ACCEPT ANY CONTRIBUTION
FROM ANY CONTRIBUTOR, WHICH IS IN THE AGGREGATE AMOUNT GREATER THAN: (I)
IN THE CASE OF ANY ELECTION FOR PARTY POSITION,  OR  FOR  NOMINATION  TO
PUBLIC OFFICE, THE PRODUCT OF THE TOTAL NUMBER OF ENROLLED VOTERS IN THE
CANDIDATE'S  PARTY IN THE DISTRICT IN WHICH HE IS A CANDIDATE, EXCLUDING
VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.05, AND (II) IN THE  CASE  OF
ANY  ELECTION  FOR  A  PUBLIC OFFICE, THE PRODUCT OF THE TOTAL NUMBER OF
REGISTERED VOTERS IN THE DISTRICT, EXCLUDING VOTERS IN INACTIVE  STATUS,
MULTIPLIED  BY $.05, HOWEVER IN THE CASE OF A NOMINATION WITHIN THE CITY
OF NEW YORK FOR THE OFFICE OF MAYOR,  PUBLIC  ADVOCATE  OR  COMPTROLLER,
SUCH  AMOUNT  SHALL BE NOT LESS THAN FOUR THOUSAND DOLLARS NOR MORE THAN
TWELVE THOUSAND DOLLARS AS INCREASED OR DECREASED BY THE COST OF  LIVING
ADJUSTMENT  DESCRIBED IN PARAGRAPH E OF THIS SUBDIVISION; IN THE CASE OF
AN ELECTION WITHIN THE CITY OF NEW YORK FOR THE OFFICE OF MAYOR,  PUBLIC
ADVOCATE  OR  COMPTROLLER,  TWENTY-FIVE THOUSAND DOLLARS AS INCREASED OR
DECREASED BY THE COST OF LIVING ADJUSTMENT DESCRIBED IN PARAGRAPH  E  OF
THIS  SUBDIVISION;  IN  THE  CASE  OF A NOMINATION OR ELECTION FOR STATE
SENATOR, FIVE THOUSAND DOLLARS; IN THE CASE OF AN ELECTION OR NOMINATION
FOR A MEMBER OF THE ASSEMBLY, THREE THOUSAND DOLLARS; PROVIDED  HOWEVER,
THAT  THE MAXIMUM AMOUNT WHICH MAY BE SO CONTRIBUTED OR ACCEPTED, IN THE
AGGREGATE, FROM ANY CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER  AND
SISTER, AND THE SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED IN THE CASE
OF  ANY  ELECTION  FOR PARTY POSITION OR NOMINATION FOR PUBLIC OFFICE AN
AMOUNT EQUIVALENT TO THE NUMBER OF ENROLLED VOTERS  IN  THE  CANDIDATE'S
PARTY  IN  THE  DISTRICT IN WHICH HE IS A CANDIDATE, EXCLUDING VOTERS IN
INACTIVE STATUS, MULTIPLIED BY $.25 AND IN THE CASE OF ANY  ELECTION  TO
PUBLIC  OFFICE,  AN AMOUNT EQUIVALENT TO THE NUMBER OF REGISTERED VOTERS
IN THE DISTRICT, EXCLUDING VOTERS  IN  INACTIVE  STATUS,  MULTIPLIED  BY
$.25;  OR  TWELVE HUNDRED FIFTY DOLLARS, WHICHEVER IS GREATER, OR IN THE
CASE OF A NOMINATION OR ELECTION OF A  STATE  SENATOR,  TWENTY  THOUSAND
DOLLARS,  WHICHEVER  IS  GREATER,  OR  IN  THE  CASE  OF A NOMINATION OR
ELECTION OF A MEMBER  OF  THE  ASSEMBLY  TWELVE  THOUSAND  FIVE  HUNDRED
DOLLARS,  WHICHEVER  IS  GREATER, BUT IN NO EVENT SHALL ANY SUCH MAXIMUM
EXCEED ONE HUNDRED THOUSAND DOLLARS.
  E. At the beginning of each fourth calendar year, commencing in [nine-
teen hundred ninety-five] TWO THOUSAND TWENTY-ONE, the state board shall
determine the percentage of  the  difference  between  the  most  recent
available monthly consumer price index for all urban consumers published
by  the United States bureau of labor statistics and such consumer price
index published for the same month four years previously. The amount  of
each contribution limit fixed AND EXPRESSLY IDENTIFIED FOR ADJUSTMENT in
this  subdivision  shall  be  adjusted  by the amount of such percentage
difference to the closest one hundred dollars by the state board  which,
not  later than the first day of February in each such year, shall issue
a regulation publishing the amount of each such contribution limit. Each

S. 6355                            41                            A. 8555

contribution limit as so adjusted shall be  the  contribution  limit  in
effect for any election held before the next such adjustment.
  F.  EACH  PARTY  OR CONSTITUTED COMMITTEE MAY TRANSFER TO, OR SPEND TO
ELECT OR OPPOSE A CANDIDATE, OR TRANSFER TO ANOTHER PARTY OR CONSTITUTED
COMMITTEE, NO MORE THAN FIVE THOUSAND DOLLARS PER ELECTION, EXCEPT  THAT
SUCH COMMITTEE MAY IN ADDITION TO SUCH TRANSFERS OR EXPENDITURES:
  (I) IN A GENERAL OR SPECIAL ELECTION TRANSFER TO, OR SPEND TO ELECT OR
OPPOSE A CANDIDATE, NO MORE THAN FIVE HUNDRED DOLLARS RECEIVED FROM EACH
CONTRIBUTOR; AND
  (II)  IN  ANY  ELECTION  SPEND  WITHOUT  LIMITATION  FOR NON-CANDIDATE
EXPENDITURES NOT DESIGNED OR INTENDED TO ELECT A PARTICULAR CANDIDATE OR
CANDIDATES.
  G. NOTWITHSTANDING ANY  OTHER  CONTRIBUTION  LIMIT  IN  THIS  SECTION,
PARTICIPATING  CANDIDATES  AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION
14-200-A OF THIS ARTICLE MAY CONTRIBUTE, OUT OF THEIR OWN  MONEY,  THREE
TIMES  THE APPLICABLE CONTRIBUTION LIMIT TO THEIR OWN AUTHORIZED COMMIT-
TEE.
  10. [a.] No contributor may make a contribution to a party or  consti-
tuted committee and no such committee may accept a contribution from any
contributor which, in the aggregate, is greater than [sixty-two thousand
five hundred] TWENTY-FIVE THOUSAND dollars per annum.
  [b. At the beginning of each fourth calendar year, commencing in nine-
teen hundred ninety-five, the state board shall determine the percentage
of  the  difference  between  the most recent available monthly consumer
price index for all urban  consumers  published  by  the  United  States
bureau  of  labor statistics and such consumer price index published for
the same month four years previously. The amount  of  such  contribution
limit  fixed in paragraph a of this subdivision shall be adjusted by the
amount of such percentage difference to the closest one hundred  dollars
by  the  state  board which, not later than the first day of February in
each such year, shall issue a regulation publishing the amount  of  such
contribution  limit. Such contribution limit as so adjusted shall be the
contribution limit in effect for any election held before the next  such
adjustment.]
  S 5. Section 14-116 of the election law, subdivision 1 as redesignated
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 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 organization, 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

S. 6355                            42                            A. 8555

part, by such corporation  may  make  expenditures,  including  contrib-
utions,  not  otherwise prohibited by law, for political purposes, in an
amount not to exceed [five] ONE 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 6. Section 14-130 of the election law, as added by  chapter  152  of
the laws of 1985, is amended to read as follows:
  S  14-130. Campaign funds for personal use.  1. Contributions received
by a candidate or a political committee may be expended for  any  lawful
purpose THAT IS DIRECTLY RELATED TO PROMOTING THE NOMINATION OR ELECTION
OF A CANDIDATE OR THE EXECUTION OF DUTIES ASSOCIATED WITH THE HOLDING OF
A PUBLIC OFFICE OR PARTY POSITION.  Such funds shall not be converted by
any person to a personal use [which is unrelated to a political campaign
or the holding of a public office or party position].
  2.  NO CONTRIBUTION SHALL BE USED TO PAY INTEREST OR ANY OTHER FINANCE
CHARGES UPON MONIES LOANED TO THE CAMPAIGN  BY  SUCH  CANDIDATE  OR  THE
SPOUSE OF SUCH CANDIDATE.
  3.  (A)  AS  USED IN THIS SECTION, EXPENDITURES FOR "PERSONAL USE" ARE
DEFINED AS EXPENDITURES THAT ARE EXCLUSIVELY FOR THE PERSONAL BENEFIT OF
THE CANDIDATE OR ANY OTHER INDIVIDUAL,  AND  ARE  USED  TO  FULFILL  ANY
COMMITMENT,  OBLIGATION,  OR  EXPENSE OF A PERSON THAT WOULD EXIST IRRE-
SPECTIVE OF THE CANDIDATE'S ELECTION CAMPAIGN OR THE  EXECUTION  OF  THE
DUTIES  OF PUBLIC OFFICE OR THE EXECUTION OF THE DUTIES OF A PARTY OFFI-
CIAL.
  (B) EXPENDITURES FOR PERSONAL USE SHALL INCLUDE, BUT ARE  NOT  LIMITED
TO, EXPENSES FOR THE FOLLOWING:
  (I)  ANY  RESIDENTIAL  OR  HOUSEHOLD  ITEMS, SUPPLIES OR EXPENDITURES,
INCLUDING MORTGAGE, RENT  OR  UTILITY  PAYMENTS  FOR  ANY  PART  OF  ANY
PERSONAL  RESIDENCE  OF  A  CANDIDATE OR OFFICEHOLDER OR A MEMBER OF THE
CANDIDATE'S OR OFFICEHOLDER'S FAMILY THAT ARE NOT INCURRED AS  A  RESULT
OF, OR TO FACILITATE, THE INDIVIDUAL'S CAMPAIGN, OR THE EXECUTION OF HIS
OR HER PUBLIC DUTIES. IN THE EVENT THAT ANY PROPERTY OR BUILDING IS USED
FOR  BOTH  PERSONAL  AND  CAMPAIGN  USE,  PERSONAL  USE SHALL CONSTITUTE
EXPENSES THAT EXCEED THE PRO-RATED AMOUNT FOR  SUCH  EXPENSES  BASED  ON
FAIR-MARKET VALUE.
  (II)  MORTGAGE,  RENT,  OR  UTILITY  PAYMENTS FOR ANY PART OF ANY NON-
RESIDENTIAL PROPERTY THAT IS OWNED BY A CANDIDATE OR OFFICEHOLDER  OR  A
MEMBER  OF  A CANDIDATE'S OR OFFICEHOLDER'S FAMILY AND USED FOR CAMPAIGN
PURPOSES, TO THE EXTENT THE PAYMENTS EXCEED THE FAIR MARKET VALUE OF THE
PROPERTY'S USAGE FOR CAMPAIGN ACTIVITIES;
  (III) CLOTHING, OTHER THAN ITEMS THAT ARE USED IN THE CAMPAIGN;
  (IV) TUITION PAYMENTS;
  (V) CHILDCARE COSTS;
  (VI) DUES, FEES, OR GRATUITIES AT A COUNTRY CLUB, HEALTH CLUB,  RECRE-
ATIONAL  FACILITY  OR  OTHER  NONPOLITICAL ORGANIZATION, UNLESS THEY ARE
PART OF A SPECIFIC FUNDRAISING EVENT THAT TAKES PLACE ON  THE  ORGANIZA-
TION'S PREMISES;
  (VII)  SALARY  PAYMENTS  OR  OTHER COMPENSATION PROVIDED TO ANY PERSON
WHOSE SERVICES ARE NOT SOLELY  FOR  CAMPAIGN  PURPOSES  OR  PROVIDED  IN
CONNECTION WITH THE EXECUTION OF THE DUTIES OF PUBLIC OFFICE;
  (VIII) SALARY PAYMENTS OR OTHER COMPENSATION PROVIDED TO A MEMBER OF A
CANDIDATE'S  FAMILY,  UNLESS  THE  FAMILY  MEMBER IS PROVIDING BONA FIDE
SERVICES TO THE CAMPAIGN. IF A FAMILY MEMBER PROVIDES BONA FIDE SERVICES
TO A CAMPAIGN, ANY SALARY PAYMENTS OR OTHER COMPENSATION  IN  EXCESS  OF

S. 6355                            43                            A. 8555

THE  FAIR  MARKET  VALUE  OF  THE  SERVICES PROVIDED SHALL BE CONSIDERED
PAYMENTS FOR PERSONAL USE;
  (IX) ADMISSION TO A SPORTING EVENT, CONCERT, THEATER, OR OTHER FORM OF
ENTERTAINMENT,  UNLESS  SUCH EVENT IS PART OF A CAMPAIGN OR OFFICEHOLDER
ACTIVITY;
  (X) PAYMENT OF ANY FINES OR PENALTIES ASSESSED PURSUANT TO THIS  CHAP-
TER  OR IN CONNECTION WITH A CRIMINAL CONVICTION OR BY THE JOINT COMMIS-
SION FOR PUBLIC ETHICS OR THE LEGISLATIVE ETHICS COMMISSION;
  (XI) TRAVEL EXPENSES INCLUDING AUTOMOBILE PURCHASES OR LEASES,  UNLESS
USED SOLELY FOR CAMPAIGN PURPOSES OR IN CONNECTION WITH THE EXECUTION OF
THE  DUTIES  OF PUBLIC OFFICE. IF A CANDIDATE USES CAMPAIGN FUNDS TO PAY
EXPENSES ASSOCIATED WITH TRAVEL THAT INVOLVES BOTH  PERSONAL  ACTIVITIES
AND  CAMPAIGN  ACTIVITIES  OR  OFFICIAL DUTIES, THE INCREMENTAL EXPENSES
THAT RESULT  FROM  THE  PERSONAL  ACTIVITIES  SHALL  BE  CONSIDERED  FOR
PERSONAL  USE UNLESS THE PERSON OR PERSONS BENEFITING FROM THE USE REIM-
BURSE OR REIMBURSES THE CAMPAIGN ACCOUNT WITHIN NINETY DAYS FOR THE FULL
AMOUNT OF THE INCREMENTAL EXPENSES; AND
  (XII) ANY OTHER EXPENDITURE DESIGNATED BY THE STATE BOARD OF ELECTIONS
AS CONSTITUTING PERSONAL USE.
  4. NOTHING IN THIS SECTION SHALL PROHIBIT A CANDIDATE FROM  PURCHASING
EQUIPMENT  OR  PROPERTY  FROM  HIS  OR HER PERSONAL FUNDS AND LEASING OR
RENTING SUCH EQUIPMENT OR PROPERTY TO A COMMITTEE  WORKING  DIRECTLY  OR
INDIRECTLY  WITH  HIM  TO AID OR PARTICIPATE IN HIS OR HER NOMINATION OR
ELECTION, INCLUDING AN EXPLORATORY COMMITTEE, PROVIDED THAT  THE  CANDI-
DATE  AND  HIS  OR HER CAMPAIGN TREASURER SIGN A WRITTEN LEASE OR RENTAL
AGREEMENT. SUCH AGREEMENT SHALL INCLUDE THE LEASE OR RENTAL PRICE, WHICH
SHALL NOT EXCEED THE FAIR LEASE OR RENTAL VALUE OF  THE  EQUIPMENT.  THE
CANDIDATE  SHALL  NOT  RECEIVE  LEASE  OR  RENTAL PAYMENTS WHICH, IN THE
AGGREGATE, EXCEED THE COST OF PURCHASING THE EQUIPMENT OR PROPERTY.
  5. NOTHING IN THIS SECTION SHALL PROHIBIT AN  ELECTED  PUBLIC  OFFICE-
HOLDER  FROM  USING  CAMPAIGN  CONTRIBUTIONS  TO FACILITATE, SUPPORT, OR
OTHERWISE ASSIST IN THE EXECUTION OR PERFORMANCE OF THE DUTIES OF HIS OR
HER PUBLIC OFFICE.
  6. THE STATE BOARD OF ELECTIONS SHALL  ISSUE  ADVISORY  OPINIONS  FROM
TIME TO TIME UPON REQUEST TO ADDRESS THE APPLICATION OF THIS SECTION.
  S  7.  Article 14 of the election law is amended by adding a new title
II to read as follows:
                                TITLE II
                            PUBLIC FINANCING
SECTION 14-200.   LEGISLATIVE FINDINGS AND INTENT.
        14-200-A. DEFINITIONS.
        14-201.   REPORTING REQUIREMENTS.
        14-202.   CONTRIBUTIONS.
        14-203.   PROOF OF COMPLIANCE.
        14-204.   ELIGIBILITY.
        14-205.   LIMITS ON PUBLIC FINANCING.
        14-206.   PAYMENT OF PUBLIC MATCHING FUNDS.
        14-207.   USE  OF  PUBLIC  MATCHING  FUNDS;  QUALIFIED  CAMPAIGN
                    EXPENDITURES.
        14-208.   POWERS AND DUTIES OF BOARD.
        14-209.   AUDITS AND REPAYMENTS.
        14-210.   ENFORCEMENT  AND  PENALTIES  FOR  VIOLATIONS AND OTHER
                    PROCEEDINGS.
        14-211.   REPORTS.
        14-212.   DEBATES FOR CANDIDATES FOR STATEWIDE OFFICE.
        14-213.   SEVERABILITY.

S. 6355                            44                            A. 8555

  S 14-200. LEGISLATIVE FINDINGS AND INTENT.  THE LEGISLATURE FINDS THAT
REFORM OF NEW YORK STATE'S CAMPAIGN FINANCE SYSTEM IS CRUCIAL TO IMPROV-
ING PUBLIC CONFIDENCE IN THE STATE'S DEMOCRATIC PROCESSES AND CONTINUING
TO ENSURE A GOVERNMENT THAT IS ACCOUNTABLE TO ALL OF THE VOTERS  OF  THE
STATE  REGARDLESS  OF WEALTH OR POSITION. THE LEGISLATURE FINDS THAT NEW
YORK'S CURRENT SYSTEM OF CAMPAIGN FINANCE, WITH ITS LARGE  CONTRIBUTIONS
TO CANDIDATES FOR OFFICE AND PARTY COMMITTEES, HAS CREATED THE POTENTIAL
FOR  AND  THE  APPEARANCE OF CORRUPTION.   THE LEGISLATURE FURTHER FINDS
THAT, WHETHER OR NOT THIS SYSTEM CREATES ACTUAL CORRUPTION, THE  APPEAR-
ANCE  OF  SUCH  CORRUPTION CAN GIVE RISE TO A DISTRUST IN GOVERNMENT AND
CITIZEN APATHY THAT UNDERMINE THE DEMOCRATIC OPERATION OF THE  POLITICAL
PROCESS.
  THE LEGISLATURE ALSO FINDS THAT THE HIGH COST OF RUNNING FOR OFFICE IN
NEW  YORK  DISCOURAGES  QUALIFIED CANDIDATES FROM RUNNING FOR OFFICE AND
CREATES AN ELECTORAL SYSTEM THAT ENCOURAGES CANDIDATES TO SPEND TOO MUCH
TIME RAISING MONEY RATHER THAN ATTENDING TO THE DUTIES OF THEIR  OFFICE,
REPRESENTING  THE  NEEDS  OF  THEIR CONSTITUENTS, AND COMMUNICATING WITH
VOTERS.
  THE LEGISLATURE AMENDS THIS CHAPTER CREATING A NEW TITLE TWO TO  ARTI-
CLE  FOURTEEN  OF  THIS CHAPTER TO REDUCE THE POSSIBILITY AND APPEARANCE
THAT SPECIAL INTERESTS EXERCISE UNDUE INFLUENCE OVER STATE OFFICIALS; TO
INCREASE THE ACTUAL AND APPARENT RESPONSIVENESS OF ELECTED OFFICIALS  TO
ALL  VOTERS; TO ENCOURAGE QUALIFIED CANDIDATES TO RUN FOR OFFICE; AND TO
REDUCE THE PRESSURE ON CANDIDATES TO SPEND LARGE AMOUNTS OF TIME RAISING
LARGE CONTRIBUTIONS FOR THEIR CAMPAIGNS.
  THE LEGISLATURE FINDS THAT THIS ARTICLE'S LIMITATIONS ON CONTRIBUTIONS
FURTHER  THE  GOVERNMENT'S  INTEREST  IN  REDUCING  REAL  AND   APPARENT
CORRUPTION  AND  IN  BUILDING TRUST IN GOVERNMENT. THE LEGISLATURE FINDS
THAT THE CONTRIBUTION LEVELS ARE SUFFICIENTLY HIGH TO  ALLOW  CANDIDATES
AND  POLITICAL PARTIES TO RAISE ENOUGH MONEY TO RUN EFFECTIVE CAMPAIGNS.
IN ADDITION, THE LEGISLATURE FINDS THAT GRADUATED  CONTRIBUTION  LIMITA-
TIONS REFLECT THE CAMPAIGN NEEDS OF CANDIDATES FOR DIFFERENT OFFICES.
  THE LEGISLATURE ALSO FINDS THAT THE SYSTEM OF VOLUNTARY PUBLIC FINANC-
ING  FURTHERS  THE GOVERNMENT'S INTEREST IN ENCOURAGING QUALIFIED CANDI-
DATES TO RUN FOR OFFICE. THE LEGISLATURE FINDS THAT THE VOLUNTARY PUBLIC
FUNDING PROGRAM WILL ENLARGE THE  PUBLIC  DEBATE  AND  INCREASE  PARTIC-
IPATION  IN  THE  DEMOCRATIC PROCESS. IN ADDITION, THE LEGISLATURE FINDS
THAT THE VOLUNTARY EXPENDITURE LIMITATIONS  AND  MATCHING  FUND  PROGRAM
REDUCE  THE BURDEN ON CANDIDATES AND OFFICEHOLDERS TO SPEND TIME RAISING
MONEY FOR THEIR CAMPAIGNS.
  THEREFORE, THE LEGISLATURE DECLARES THAT THESE AMENDMENTS FURTHER  THE
IMPORTANT  AND  VALID  GOVERNMENT  INTERESTS  OF  REDUCING VOTER APATHY,
BUILDING CONFIDENCE IN GOVERNMENT, REDUCING THE REALITY  AND  APPEARANCE
OF  CORRUPTION,  AND ENCOURAGING QUALIFIED CANDIDATES TO RUN FOR OFFICE,
WHILE REDUCING CANDIDATES' AND OFFICEHOLDERS' FUNDRAISING BURDENS.
  S 14-200-A. DEFINITIONS.  FOR THE PURPOSES OF THIS TITLE, THE  FOLLOW-
ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  THE  TERM  "AUTHORIZED  COMMITTEE" SHALL MEAN THE SINGLE COMMITTEE
DESIGNATED BY A CANDIDATE PURSUANT TO SECTION 14-201 OF  THIS  TITLE  TO
RECEIVE  CONTRIBUTIONS  AND  MAKE  EXPENDITURES IN SUPPORT OF THE CANDI-
DATE'S CAMPAIGN.
  2. THE TERM "BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
  3. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS  APPEARS  IN
SUBDIVISION NINE OF SECTION 14-100 OF THIS ARTICLE.
  4. THE TERM "CONTRIBUTOR" SHALL MEAN ANY PERSON OR ENTITY THAT MAKES A
CONTRIBUTION.

S. 6355                            45                            A. 8555

  5.  THE  TERM  "COVERED  ELECTION" SHALL MEAN ANY PRIMARY, GENERAL, OR
SPECIAL ELECTION FOR NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE
OF GOVERNOR, LIEUTENANT GOVERNOR, ATTORNEY GENERAL,  STATE  COMPTROLLER,
STATE SENATOR, OR MEMBER OF THE ASSEMBLY.
  6.  THE  TERM "ELECTION CYCLE" SHALL MEAN THE TWO YEAR PERIOD STARTING
THE DAY AFTER THE LAST GENERAL ELECTION FOR  CANDIDATES  FOR  THE  STATE
LEGISLATURE  AND  SHALL MEAN THE FOUR YEAR PERIOD STARTING AFTER THE DAY
AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR STATEWIDE OFFICE.
  7. THE TERM "EXPENDITURE" SHALL MEAN ANY GIFT, SUBSCRIPTION,  ADVANCE,
PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF VALUE, OR A CONTRACT TO MAKE
ANY  GIFT,  SUBSCRIPTION,  PAYMENT,  OR  DEPOSIT OF MONEY OR ANYTHING OF
VALUE, MADE IN CONNECTION WITH THE NOMINATION FOR ELECTION, OR ELECTION,
OF ANY CANDIDATE.  EXPENDITURES MADE BY CONTRACT ARE  DEEMED  MADE  WHEN
SUCH FUNDS ARE OBLIGATED.
  8.  THE  TERM  "FUND"  SHALL  MEAN THE NEW YORK STATE CAMPAIGN FINANCE
FUND.
  9. THE TERM "IMMEDIATE FAMILY" SHALL MEAN A SPOUSE, CHILD, SIBLING  OR
PARENT.
  10.  THE  TERM  "INTERMEDIARY"  SHALL MEAN AN INDIVIDUAL, CORPORATION,
PARTNERSHIP, POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER  ENTITY
WHICH BUNDLES, CAUSES TO BE DELIVERED OR OTHERWISE DELIVERS ANY CONTRIB-
UTION FROM ANOTHER PERSON OR ENTITY TO A CANDIDATE OR AUTHORIZED COMMIT-
TEE,  OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY
OR MESSENGER SERVICE.  PROVIDED, HOWEVER, THAT AN  "INTERMEDIARY"  SHALL
NOT INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS, CHILDREN OR SIBLINGS OF
THE  PERSON  MAKING  SUCH CONTRIBUTION OR A STAFF MEMBER OR VOLUNTEER OF
THE CAMPAIGN IDENTIFIED IN WRITING TO THE STATE BOARD OF ELECTIONS. HERE
"CAUSES TO BE DELIVERED" SHALL INCLUDE PROVIDING POSTAGE,  ENVELOPES  OR
OTHER  SHIPPING  MATERIALS FOR THE USE OF DELIVERING THE CONTRIBUTION TO
THE ULTIMATE RECIPIENT.
  11. THE TERM "ITEM WITH  SIGNIFICANT  INTRINSIC  AND  ENDURING  VALUE"
SHALL  MEAN  ANY ITEM, INCLUDING TICKETS TO AN EVENT, THAT ARE VALUED AT
TWENTY-FIVE DOLLARS OR MORE.
  12. (A) THE TERM "MATCHABLE CONTRIBUTION" SHALL MEAN  A  CONTRIBUTION,
CONTRIBUTIONS  OR  A  PORTION OF A CONTRIBUTION OR CONTRIBUTIONS FOR ANY
COVERED ELECTIONS HELD IN THE SAME ELECTION CYCLE,  MADE  BY  A  NATURAL
PERSON  WHO  IS A UNITED STATES CITIZEN AND RESIDENT IN THE STATE OF NEW
YORK TO A PARTICIPATING CANDIDATE, THAT HAS BEEN REPORTED IN FULL TO THE
BOARD IN ACCORDANCE WITH SECTIONS 14-102 AND 14-104 OF THIS  ARTICLE  BY
THE  CANDIDATE'S  AUTHORIZED  COMMITTEE  AND  HAS BEEN CONTRIBUTED ON OR
BEFORE THE DAY OF THE APPLICABLE PRIMARY,  GENERAL,  RUNOFF  OR  SPECIAL
ELECTION.  ANY  CONTRIBUTION,  CONTRIBUTIONS, OR A PORTION OF A CONTRIB-
UTION DETERMINED TO BE INVALID FOR MATCHING FUNDS BY THE BOARD  MAY  NOT
BE TREATED AS A MATCHABLE CONTRIBUTION FOR ANY PURPOSE.
  (B) THE FOLLOWING CONTRIBUTIONS ARE NOT MATCHABLE:
  (I) LOANS;
  (II) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;
  (III) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM
WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
  (IV) TRANSFERS FROM A PARTY OR CONSTITUTED COMMITTEE;
  (V) ANONYMOUS CONTRIBUTIONS OR CONTRIBUTIONS WHOSE SOURCE IS NOT ITEM-
IZED AS REQUIRED BY SECTION 14-201 OF THIS TITLE;
  (VI) CONTRIBUTIONS GATHERED DURING A PREVIOUS ELECTION CYCLE;
  (VII) ILLEGAL CONTRIBUTIONS;
  (VIII) CONTRIBUTIONS FROM MINORS;
  (IX) CONTRIBUTIONS FROM VENDORS FOR CAMPAIGNS; AND

S. 6355                            46                            A. 8555

  (X)  CONTRIBUTIONS  FROM  LOBBYISTS REGISTERED PURSUANT TO SUBDIVISION
(A) OF SECTION ONE-C OF THE LEGISLATIVE LAW.
  13. THE TERM "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR A
COVERED  ELECTION  WHO FAILS TO FILE A WRITTEN CERTIFICATION IN THE FORM
OF AN AFFIDAVIT UNDER SECTION 14-204 OF THIS  TITLE  BY  THE  APPLICABLE
DEADLINE.
  14.  THE  TERM  "PARTICIPATING CANDIDATE" SHALL MEAN ANY CANDIDATE FOR
NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE OF  GOVERNOR,  LIEU-
TENANT  GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER, STATE SENATOR, OR
MEMBER OF THE ASSEMBLY WHO FILES A WRITTEN CERTIFICATION IN THE FORM  OF
AN AFFIDAVIT PURSUANT TO SECTION 14-204 OF THIS TITLE.
  15.  THE TERM "POST-ELECTION PERIOD" SHALL MEAN THE FIVE YEARS FOLLOW-
ING AN ELECTION WHEN A CANDIDATE IS SUBJECT TO AN AUDIT.
  16. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN  AN  EXPENDI-
TURE FOR WHICH PUBLIC MATCHING FUNDS MAY BE USED.
  17.  THE  TERM  "THRESHOLD  FOR  ELIGIBILITY" SHALL MEAN THE AMOUNT OF
MATCHABLE CONTRIBUTIONS THAT A  CANDIDATE'S  AUTHORIZED  COMMITTEE  MUST
RECEIVE  IN  TOTAL  IN ORDER FOR SUCH CANDIDATE TO QUALIFY FOR VOLUNTARY
PUBLIC FINANCING UNDER THIS TITLE.
  18. THE TERM "TRANSFER" SHALL MEAN ANY EXCHANGE  OF  FUNDS  BETWEEN  A
PARTY  OR  CONSTITUTED  COMMITTEE  AND  A CANDIDATE OR ANY OF HIS OR HER
AUTHORIZED COMMITTEES.
  S 14-201. REPORTING REQUIREMENTS.   1. POLITICAL  COMMITTEE  REGISTRA-
TION.  POLITICAL  COMMITTEES  AS  DEFINED PURSUANT TO SUBDIVISION ONE OF
SECTION 14-100 OF THIS ARTICLE SHALL  REGISTER  WITH  THE  BOARD  BEFORE
MAKING ANY CONTRIBUTION OR EXPENDITURE.  THE BOARD SHALL PUBLISH A CUMU-
LATIVE  LIST  OF POLITICAL COMMITTEES THAT HAVE REGISTERED, INCLUDING ON
ITS WEBPAGE, AND REGULARLY UPDATE IT.
  2. ONLY ONE AUTHORIZED COMMITTEE PER  CANDIDATE  PER  ELECTIVE  OFFICE
SOUGHT.  BEFORE RECEIVING ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR
A  COVERED  ELECTION,  EACH  CANDIDATE  SHALL NOTIFY THE BOARD AS TO THE
EXISTENCE OF HIS OR HER AUTHORIZED COMMITTEE THAT HAS BEEN  APPROVED  BY
SUCH  CANDIDATE.  EACH  CANDIDATE SHALL HAVE ONE AND ONLY ONE AUTHORIZED
COMMITTEE PER ELECTIVE OFFICE SOUGHT. EACH  AUTHORIZED  COMMITTEE  SHALL
HAVE  A  TREASURER  AND  IS SUBJECT TO THE RESTRICTIONS FOUND IN SECTION
14-112 OF THIS ARTICLE.
  3. DISCLOSURE REPORTS.  (A) DETAILED REPORTING. IN  ADDITION  TO  EACH
AUTHORIZED AND POLITICAL COMMITTEE REPORTING TO THE BOARD EVERY CONTRIB-
UTION  AND  LOAN  RECEIVED  AND  EVERY  EXPENDITURE MADE IN THE TIME AND
MANNER PRESCRIBED BY SECTIONS 14-102, 14-104 AND 14-108 OF THIS ARTICLE,
EACH AUTHORIZED AND POLITICAL COMMITTEE  SHALL  ALSO  SUBMIT  DISCLOSURE
REPORTS  ON  MARCH  FIFTEENTH  AND  MAY  FIFTEENTH OF EACH ELECTION YEAR
REPORTING TO THE BOARD EVERY CONTRIBUTION AND LOAN  RECEIVED  AND  EVERY
EXPENDITURE  MADE.    FOR  CONTRIBUTORS  WHO  MAKE CONTRIBUTIONS OF FIVE
HUNDRED DOLLARS OR MORE, EACH AUTHORIZED AND POLITICAL  COMMITTEE  SHALL
REPORT  TO  THE  BOARD  THE  OCCUPATION,  AND  BUSINESS  ADDRESS OF EACH
CONTRIBUTOR, LENDER, AND INTERMEDIARY. THE BOARD SHALL  REVISE,  PREPARE
AND  POST  FORMS  ON  ITS  WEBPAGE  THAT  FACILITATE COMPLIANCE WITH THE
REQUIREMENTS OF THIS SECTION.
  (B) BOARD REVIEW. THE BOARD'S PUBLIC FINANCING UNIT SHALL REVIEW  EACH
DISCLOSURE  REPORT  FILED  AND  SHALL  INFORM  AUTHORIZED  AND POLITICAL
COMMITTEES OF RELEVANT QUESTIONS THE UNIT HAS CONCERNING: (I) COMPLIANCE
WITH REQUIREMENTS OF THIS TITLE AND OF THE RULES ISSUED  BY  THE  BOARD;
AND  (II)  QUALIFICATION FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO
THIS TITLE. IN THE COURSE OF THIS REVIEW, THE UNIT SHALL GIVE AUTHORIZED
AND POLITICAL COMMITTEES AN OPPORTUNITY TO RESPOND TO AND CORRECT POTEN-

S. 6355                            47                            A. 8555

TIAL VIOLATIONS AND GIVE CANDIDATES AN OPPORTUNITY TO ADDRESS  QUESTIONS
THE  UNIT  HAS  CONCERNING  THEIR MATCHABLE CONTRIBUTION CLAIMS OR OTHER
ISSUES CONCERNING ELIGIBILITY FOR RECEIVING PUBLIC MATCHING FUNDS PURSU-
ANT  TO THIS TITLE. NOTHING IN THIS PARAGRAPH SHALL PRECLUDE THE UNIT OR
THE BOARD FROM SUBSEQUENTLY REVIEWING SUCH DISCLOSURE REPORTS AND TAKING
ANY ACTION OTHERWISE AUTHORIZED UNDER THIS TITLE.
  (C) ITEMIZATION. CONTRIBUTIONS THAT ARE NOT ITEMIZED IN REPORTS  FILED
WITH THE BOARD SHALL NOT BE MATCHABLE.
  (D)  OPTION TO FILE MORE FREQUENTLY. PARTICIPATING CANDIDATES MAY FILE
REPORTS OF CONTRIBUTIONS AS FREQUENTLY AS ONCE A WEEK ON FRIDAYS SO THAT
THEIR MATCHING FUNDS MAY BE PAID AT THE EARLIEST ALLOWABLE DATE.
  S 14-202. CONTRIBUTIONS.  RECIPIENTS OF FUNDS PURSUANT TO  THIS  TITLE
SHALL  BE  SUBJECT  TO  THE  APPLICABLE CONTRIBUTION LIMITS SET FORTH IN
SECTION 14-114 OF THIS ARTICLE.
  S 14-203. PROOF OF COMPLIANCE.   AUTHORIZED AND  POLITICAL  COMMITTEES
SHALL  MAINTAIN  SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR A COVERED
ELECTION AS REQUIRED BY THE BOARD.  AUTHORIZED AND POLITICAL  COMMITTEES
SHALL OBTAIN AND FURNISH TO THE PUBLIC FINANCING UNIT ANY INFORMATION IT
MAY  REQUEST  RELATING  TO  FINANCIAL  TRANSACTIONS OR CONTRIBUTIONS AND
FURNISH SUCH DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS TITLE
AS MAY BE REQUESTED. IN COMPLIANCE WITH SECTION 14-108 OF THIS  ARTICLE,
AUTHORIZED  AND  POLITICAL  COMMITTEES  SHALL  MAINTAIN  COPIES  OF SUCH
RECORDS FOR A PERIOD OF FIVE YEARS.
  S 14-204. ELIGIBILITY.  1. TERMS AND CONDITIONS. TO  BE  ELIGIBLE  FOR
VOLUNTARY PUBLIC FINANCING UNDER THIS TITLE, A CANDIDATE MUST:
  (A) BE A CANDIDATE IN A COVERED ELECTION;
  (B)  MEET  ALL  THE REQUIREMENTS OF LAW TO HAVE HIS OR HER NAME ON THE
BALLOT;
  (C) IN THE CASE OF A COVERED GENERAL OR SPECIAL ELECTION,  BE  OPPOSED
BY ANOTHER CANDIDATE ON THE BALLOT WHO IS NOT A WRITE-IN CANDIDATE;
  (D)  SUBMIT  A CERTIFICATION IN THE FORM OF AN AFFIDAVIT, IN SUCH FORM
AS MAY BE PRESCRIBED BY THE BOARD, THAT SETS FORTH HIS OR HER ACCEPTANCE
OF AND AGREEMENT TO  COMPLY  WITH  THE  TERMS  AND  CONDITIONS  FOR  THE
PROVISION  OF SUCH FUNDS IN EACH COVERED ELECTION AND SUCH CERTIFICATION
SHALL BE SUBMITTED AT LEAST FOUR MONTHS BEFORE THE ELECTION PURSUANT  TO
A SCHEDULE PROMULGATED BY THE PUBLIC FINANCING UNIT OF THE BOARD;
  (E) BE CERTIFIED AS A PARTICIPATING CANDIDATE BY THE BOARD;
  (F)  NOT  MAKE, AND NOT HAVE MADE, EXPENDITURES FROM OR USE HIS OR HER
PERSONAL FUNDS OR PROPERTY OR THE PERSONAL  FUNDS  OR  PROPERTY  JOINTLY
HELD  WITH  HIS  OR  HER SPOUSE, OR UNEMANCIPATED CHILDREN IN CONNECTION
WITH HIS OR HER NOMINATION ELECTION OR  ELECTION  TO  A  COVERED  OFFICE
EXCEPT AS A CONTRIBUTION TO HIS OR HER AUTHORIZED COMMITTEE IN AN AMOUNT
THAT EXCEEDS THREE TIMES THE APPLICABLE CONTRIBUTION LIMIT FROM AN INDI-
VIDUAL  CONTRIBUTOR TO CANDIDATES FOR THE OFFICE THAT HE OR SHE IS SEEK-
ING;
  (G) MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION TWO OF
THIS SECTION; AND
  (H) CONTINUE TO ABIDE BY ALL  REQUIREMENTS  DURING  THE  POST-ELECTION
PERIOD.
  2.  THRESHOLD  FOR  ELIGIBILITY. (A) THE THRESHOLD FOR ELIGIBILITY FOR
PUBLIC FUNDING FOR PARTICIPATING CANDIDATES SHALL BE IN THE CASE OF:
  (I) GOVERNOR, NOT LESS THAN SIX  HUNDRED  FIFTY  THOUSAND  DOLLARS  IN
MATCHABLE  CONTRIBUTIONS  INCLUDING  AT  LEAST SIX THOUSAND FIVE HUNDRED
MATCHABLE CONTRIBUTIONS COMPRISED OF SUMS BETWEEN TEN  AND  ONE  HUNDRED
SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF NEW YORK STATE;

S. 6355                            48                            A. 8555

  (II)  LIEUTENANT GOVERNOR, ATTORNEY GENERAL, AND COMPTROLLER, NOT LESS
THAN TWO HUNDRED THOUSAND DOLLARS IN MATCHABLE  CONTRIBUTIONS  INCLUDING
AT  LEAST TWO THOUSAND MATCHABLE CONTRIBUTIONS COMPRISED OF SUMS BETWEEN
TEN AND ONE HUNDRED SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS
OF NEW YORK STATE;
  (III)  STATE SENATOR, NOT LESS THAN TWENTY THOUSAND DOLLARS IN MATCHA-
BLE CONTRIBUTIONS INCLUDING AT LEAST TWO HUNDRED MATCHABLE CONTRIBUTIONS
COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE  DOLLARS  PER
CONTRIBUTOR,  FROM  RESIDENTS OF THE DISTRICT IN WHICH THE SEAT IS TO BE
FILLED; AND
  (IV) MEMBER OF THE ASSEMBLY, NOT LESS THAN  TEN  THOUSAND  DOLLARS  IN
MATCHABLE   CONTRIBUTIONS  INCLUDING  AT  LEAST  ONE  HUNDRED  MATCHABLE
CONTRIBUTIONS COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE
DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF THE  DISTRICT  IN  WHICH  THE
SEAT IS TO BE FILLED.
  (B)  ANY PARTICIPATING CANDIDATE MEETING THE THRESHOLD FOR ELIGIBILITY
IN A PRIMARY ELECTION FOR ONE OF THE FOREGOING OFFICES SHALL  BE  DEEMED
TO  HAVE  MET THE THRESHOLD FOR ELIGIBILITY FOR SUCH OFFICE IN ANY OTHER
SUBSEQUENT ELECTION HELD IN THE SAME CALENDAR YEAR.
  S 14-205. LIMITS ON PUBLIC FINANCING. THE FOLLOWING LIMITATIONS  APPLY
TO  THE  TOTAL AMOUNTS OF PUBLIC FUNDS THAT MAY BE PROVIDED TO A PARTIC-
IPATING CANDIDATE'S AUTHORIZED COMMITTEE FOR AN ELECTION CYCLE:
  1. IN ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS  BY  PARTICIPATING
CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
  (I) FOR GOVERNOR, THE SUM OF EIGHT MILLION DOLLARS;
  (II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
OF FOUR MILLION DOLLARS;
  (III)  FOR  SENATOR,  THE  SUM  OF THREE HUNDRED SEVENTY-FIVE THOUSAND
DOLLARS;
  (IV) FOR MEMBER OF THE ASSEMBLY, THE SUM OF ONE  HUNDRED  SEVENTY-FIVE
THOUSAND DOLLARS.
  2.  IN  ANY  GENERAL OR SPECIAL ELECTION, RECEIPT OF PUBLIC FUNDS BY A
PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEES  SHALL  NOT  EXCEED  THE
FOLLOWING AMOUNTS:
  CANDIDATES FOR ELECTION TO THE OFFICE OF:
  GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED)                $10,000,000
  ATTORNEY GENERAL                                           $4,000,000
  COMPTROLLER                                                $4,000,000
  MEMBER OF SENATE                                           $375,000
  MEMBER OF ASSEMBLY                                         $175,000
  3.  NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS NOT
OPPOSED BY A CANDIDATE ON THE BALLOT IN  A  PRIMARY  ELECTION  SHALL  BE
ENTITLED  TO  PAYMENT OF PUBLIC MATCHING FUNDS, EXCEPT THAT, WHERE THERE
IS A CONTEST IN SUCH PRIMARY ELECTION FOR THE NOMINATION OF AT LEAST ONE
OF THE TWO POLITICAL PARTIES WITH THE HIGHEST AND SECOND HIGHEST  NUMBER
OF  ENROLLED  MEMBERS  FOR SUCH OFFICE, A PARTICIPATING CANDIDATE WHO IS
UNOPPOSED IN THE PRIMARY ELECTION MAY RECEIVE PUBLIC  FUNDS  BEFORE  THE
PRIMARY  ELECTION,  FOR  EXPENSES INCURRED ON OR BEFORE THE DATE OF SUCH
PRIMARY ELECTION, IN AN AMOUNT EQUAL TO UP TO HALF THE SUM SET FORTH  IN
PARAGRAPH ONE OF THIS SECTION.
  S 14-206. PAYMENT OF PUBLIC MATCHING FUNDS. 1. DETERMINATION OF ELIGI-
BILITY.  NO PUBLIC MATCHING FUNDS SHALL BE PAID TO AN AUTHORIZED COMMIT-
TEE UNLESS THE PUBLIC FINANCING UNIT DETERMINES THAT  THE  PARTICIPATING
CANDIDATE  HAS  MET  THE ELIGIBILITY REQUIREMENTS OF THIS TITLE. PAYMENT
SHALL NOT EXCEED THE  AMOUNTS  SPECIFIED  IN  SUBDIVISION  TWO  OF  THIS
SECTION,  AND  SHALL  BE  MADE ONLY IN ACCORDANCE WITH THE PROVISIONS OF

S. 6355                            49                            A. 8555

THIS TITLE. SUCH PAYMENT MAY BE MADE ONLY TO  THE  PARTICIPATING  CANDI-
DATE'S  AUTHORIZED  COMMITTEE.  NO  PUBLIC  MATCHING FUNDS SHALL BE USED
EXCEPT AS REIMBURSEMENT OR PAYMENT FOR QUALIFIED  CAMPAIGN  EXPENDITURES
ACTUALLY  AND  LAWFULLY INCURRED OR TO REPAY LOANS USED TO PAY QUALIFIED
CAMPAIGN EXPENDITURES.
  2. CALCULATION OF PAYMENT. IF THE THRESHOLD FOR  ELIGIBILITY  IS  MET,
THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE SHALL RECEIVE PAYMENT
FOR  QUALIFIED  CAMPAIGN  EXPENDITURES OF SIX DOLLARS OF PUBLIC MATCHING
FUNDS FOR EACH ONE DOLLAR OF MATCHABLE CONTRIBUTIONS, FOR THE FIRST  ONE
HUNDRED  SEVENTY-FIVE DOLLARS OF ELIGIBLE PRIVATE FUNDS PER CONTRIBUTOR,
OBTAINED AND REPORTED TO THE BOARD IN ACCORDANCE WITH THE PROVISIONS  OF
THIS TITLE. THE MAXIMUM PAYMENT OF PUBLIC MATCHING FUNDS SHALL BE LIMIT-
ED  TO  THE  AMOUNTS  SET  FORTH IN SECTION 14-205 OF THIS TITLE FOR THE
COVERED ELECTION.
  3. TIMING OF PAYMENT. THE PUBLIC FINANCING UNIT SHALL MAKE ANY PAYMENT
OF PUBLIC MATCHING FUNDS TO PARTICIPATING CANDIDATES AS SOON AS IS PRAC-
TICABLE. BUT IN ALL CASES, THAT UNIT SHALL VERIFY ELIGIBILITY FOR PUBLIC
MATCHING FUNDS WITHIN FOUR DAYS OF  RECEIVING  A  CAMPAIGN  CONTRIBUTION
REPORT  FILED  IN COMPLIANCE WITH SECTION 14-104 OF THIS ARTICLE. WITHIN
TWO DAYS OF DETERMINING THAT A CANDIDATE FOR A COVERED OFFICE IS  ELIGI-
BLE  FOR PUBLIC MATCHING FUNDS, THE UNIT SHALL PAY THE APPLICABLE MATCH-
ING FUNDS OWED TO THE CANDIDATE. HOWEVER, THE UNIT SHALL  NOT  MAKE  ANY
PAYMENTS OF PUBLIC MONEY EARLIER THAN THE EARLIEST DATES FOR MAKING SUCH
PAYMENTS  AS  PROVIDED  BY  THIS  TITLE.   IF ANY OF SUCH PAYMENTS WOULD
REQUIRE PAYMENT ON A WEEKEND OR FEDERAL HOLIDAY, PAYMENT SHALL  BE  MADE
ON THE NEXT BUSINESS DAY.
  4.  ELECTRONIC  FUNDS  TRANSFER.  THE  BOARD SHALL PROMULGATE RULES TO
FACILITATE ELECTRONIC FUNDS TRANSFERS DIRECTLY FROM  THE  FUND  INTO  AN
AUTHORIZED COMMITTEE'S BANK ACCOUNT.
  5.   IRREGULARLY   SCHEDULED   ELECTIONS.  NOTWITHSTANDING  ANY  OTHER
PROVISION OF THIS TITLE, THE BOARD SHALL PROMULGATE RULES TO PROVIDE FOR
THE PROMPT ISSUANCE OF PUBLIC MATCHING FUNDS TO  ELIGIBLE  PARTICIPATING
CANDIDATES  FOR QUALIFIED CAMPAIGN EXPENDITURES IN THE CASE OF ANY OTHER
COVERED ELECTION HELD ON A DAY DIFFERENT FROM THAT THAN ORIGINALLY SCHE-
DULED INCLUDING SPECIAL ELECTIONS. BUT IN ALL CASES, THE PUBLIC  FINANC-
ING  UNIT  SHALL  (A) WITHIN FOUR DAYS OF RECEIVING A REPORT OF CONTRIB-
UTIONS FROM A CANDIDATE FOR A COVERED OFFICE  CLAIMING  ELIGIBILITY  FOR
PUBLIC  MATCHING  FUNDS  VERIFY  THAT CANDIDATE'S ELIGIBILITY FOR PUBLIC
MATCHING FUNDS; AND (B) WITHIN TWO DAYS OF DETERMINING THAT  THE  CANDI-
DATE  FOR  A  COVERED  OFFICE IS ELIGIBLE FOR PUBLIC MATCHING FUNDS, THE
UNIT SHALL PAY THE APPLICABLE MATCHING FUNDS OWED TO THE CANDIDATE.
  S 14-207. USE OF PUBLIC MATCHING FUNDS;  QUALIFIED  CAMPAIGN  EXPENDI-
TURES.    1. PUBLIC MATCHING FUNDS PROVIDED UNDER THE PROVISIONS OF THIS
TITLE MAY BE USED ONLY BY AN AUTHORIZED COMMITTEE  FOR  EXPENDITURES  TO
FURTHER   THE  PARTICIPATING  CANDIDATE'S  NOMINATION  FOR  ELECTION  OR
ELECTION, INCLUDING PAYING FOR DEBTS INCURRED WITHIN ONE YEAR  PRIOR  TO
AN  ELECTION  TO  FURTHER  THE  PARTICIPATING CANDIDATE'S NOMINATION FOR
ELECTION OR ELECTION.
  2. SUCH PUBLIC MATCHING FUNDS MAY NOT BE USED FOR:
  (A) AN EXPENDITURE IN VIOLATION OF ANY LAW;
  (B) AN EXPENDITURE IN EXCESS OF THE FAIR  MARKET  VALUE  OF  SERVICES,
MATERIALS, FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
  (C) AN EXPENDITURE MADE AFTER THE CANDIDATE HAS BEEN FINALLY DISQUALI-
FIED FROM THE BALLOT;

S. 6355                            50                            A. 8555

  (D)  AN  EXPENDITURE  MADE  AFTER  THE  ONLY REMAINING OPPONENT OF THE
CANDIDATE HAS BEEN FINALLY DISQUALIFIED  FROM  THE  GENERAL  OR  SPECIAL
ELECTION BALLOT;
  (E) AN EXPENDITURE MADE BY CASH PAYMENT;
  (F)  A  CONTRIBUTION  OR  LOAN  OR  TRANSFER MADE TO OR EXPENDITURE TO
SUPPORT ANOTHER CANDIDATE OR POLITICAL COMMITTEE OR PARTY, COMMITTEE  OR
CONSTITUTED COMMITTEE;
  (G)  AN  EXPENDITURE  TO  SUPPORT  OR OPPOSE A CANDIDATE FOR AN OFFICE
OTHER THAN THAT WHICH THE PARTICIPATING CANDIDATE SEEKS;
  (H) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED CAMPAIGN
MATERIAL;
  (I) LEGAL FEES TO DEFEND AGAINST A CRIMINAL CHARGE;
  (J) PAYMENTS TO IMMEDIATE FAMILY MEMBERS OF THE  PARTICIPATING  CANDI-
DATE; OR
  (K)  ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION,  ACCEPTANCE,
AUTHORIZATION, DECLINATION OR SUBSTITUTION.
  S 14-208. POWERS AND DUTIES OF BOARD.  1. ADVISORY OPINIONS. THE BOARD
SHALL  RENDER  ADVISORY OPINIONS WITH RESPECT TO QUESTIONS ARISING UNDER
THIS TITLE UPON THE WRITTEN REQUEST OF A  CANDIDATE,  AN  OFFICER  OF  A
POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITIATIVE.
THE  BOARD  SHALL PROMULGATE RULES REGARDING REASONABLE TIMES TO RESPOND
TO SUCH REQUESTS. THE BOARD SHALL MAKE PUBLIC THE QUESTIONS OF INTERPRE-
TATION FOR WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE  BOARD  AND
ITS  ADVISORY  OPINIONS,  INCLUDING  BY  PUBLICATION ON ITS WEBPAGE WITH
IDENTIFYING INFORMATION REDACTED AS THE BOARD DETERMINES TO BE APPROPRI-
ATE.
  2. PUBLIC INFORMATION AND CANDIDATE EDUCATION. THE BOARD SHALL DEVELOP
A PROGRAM FOR INFORMING CANDIDATES AND THE PUBLIC AS TO THE PURPOSE  AND
EFFECT OF THE PROVISIONS OF THIS TITLE, INCLUDING BY MEANS OF A WEBPAGE.
THE BOARD SHALL PREPARE IN PLAIN LANGUAGE AND MAKE AVAILABLE EDUCATIONAL
MATERIALS,  INCLUDING  COMPLIANCE MANUALS AND SUMMARIES AND EXPLANATIONS
OF THE PURPOSES AND PROVISIONS OF THIS TITLE. THE BOARD SHALL PREPARE OR
HAVE PREPARED AND MAKE AVAILABLE MATERIALS,  INCLUDING,  TO  THE  EXTENT
FEASIBLE,  COMPUTER  SOFTWARE, TO FACILITATE THE TASK OF COMPLIANCE WITH
THE DISCLOSURE AND RECORD-KEEPING REQUIREMENTS OF THIS TITLE.
  3. RULES AND REGULATIONS.  THE  BOARD  SHALL  HAVE  THE  AUTHORITY  TO
PROMULGATE SUCH RULES AND REGULATIONS AND PROVIDE SUCH FORMS AS IT DEEMS
NECESSARY FOR THE ADMINISTRATION OF THIS TITLE.
  4.  DATABASE.  THE  BOARD  SHALL  DEVELOP  AN  INTERACTIVE, SEARCHABLE
COMPUTER DATABASE THAT SHALL CONTAIN ALL INFORMATION NECESSARY  FOR  THE
PROPER  ADMINISTRATION  OF  THIS TITLE INCLUDING INFORMATION ON CONTRIB-
UTIONS TO AND EXPENDITURES BY CANDIDATES AND THEIR AUTHORIZED COMMITTEE,
INDEPENDENT EXPENDITURES IN SUPPORT  OR  OPPOSITION  OF  CANDIDATES  FOR
COVERED  OFFICES,  AND DISTRIBUTIONS OF MONEYS FROM THE FUND. SUCH DATA-
BASE SHALL BE ACCESSIBLE TO THE PUBLIC ON THE BOARD'S WEBPAGE.
  5. THE BOARD'S PUBLIC FINANCING UNIT SHALL WORK WITH  THE  ENFORCEMENT
UNIT TO ENFORCE THIS SECTION.
  S 14-209. AUDITS AND REPAYMENTS.  1. AUDITS. THE BOARD SHALL AUDIT AND
EXAMINE  ALL MATTERS RELATING TO THE PROPER ADMINISTRATION OF THIS TITLE
AND SHALL COMPLETE SUCH AUDIT NO LATER THAN TWO YEARS AFTER THE ELECTION
IN QUESTION.  EVERY CANDIDATE WHO RECEIVES PUBLIC FUNDS UNDER THIS TITLE
SHALL BE AUDITED BY THE BOARD. THE COST OF COMPLYING WITH  A  POST-ELEC-
TION  AUDIT SHALL BE BORNE BY THE CANDIDATE'S AUTHORIZED COMMITTEE USING
PUBLIC FUNDS, PRIVATE FUNDS OR ANY COMBINATION OF SUCH  FUNDS.    CANDI-
DATES  WHO  RUN  IN  BOTH A PRIMARY AND GENERAL ELECTION MUST MAINTAIN A

S. 6355                            51                            A. 8555

RESERVE OF THREE PERCENT OF THE PUBLIC FUNDS RECEIVED TO COMPLY WITH THE
POST-ELECTION AUDIT.  THE BOARD SHALL ISSUE TO EACH CAMPAIGN  AUDITED  A
FINAL AUDIT REPORT THAT DETAILS ITS FINDINGS.
  2.  REPAYMENTS.  (A)  IF  THE BOARD DETERMINES THAT ANY PORTION OF THE
PAYMENT MADE TO A CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS  IN
EXCESS  OF  THE  AGGREGATE  AMOUNT  OF  PAYMENTS THAT SUCH CANDIDATE WAS
ELIGIBLE TO RECEIVE PURSUANT TO THIS TITLE, IT SHALL NOTIFY SUCH COMMIT-
TEE AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN  AMOUNT  EQUAL  TO  THE
AMOUNT  OF  EXCESS  PAYMENTS.  PROVIDED,  HOWEVER, THAT IF THE ERRONEOUS
PAYMENT WAS THE RESULT OF AN ERROR BY  THE  BOARD,  THEN  THE  ERRONEOUS
PAYMENT  WILL  BE  DEDUCTED  FROM  ANY FUTURE PAYMENT, IF ANY, AND IF NO
PAYMENT IS TO BE MADE THEN NEITHER THE CANDIDATE NOR THE COMMITTEE SHALL
BE LIABLE TO REPAY THE EXCESS AMOUNT TO THE BOARD.  THE  CANDIDATE,  THE
TREASURER  AND  THE  CANDIDATE'S  AUTHORIZED  COMMITTEE  ARE JOINTLY AND
SEVERABLY LIABLE FOR ANY REPAYMENTS TO THE BOARD.
  (B) IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO  A
CANDIDATE'S  AUTHORIZED  COMMITTEE  FROM  THE FUND WAS USED FOR PURPOSES
OTHER THAN QUALIFIED CAMPAIGN EXPENDITURES AND  SUCH  EXPENDITURES  WERE
NOT  APPROVED BY THE BOARD, IT SHALL NOTIFY SUCH COMMITTEE OF THE AMOUNT
SO DISQUALIFIED AND SUCH COMMITTEE SHALL PAY  TO  THE  BOARD  AN  AMOUNT
EQUAL  TO SUCH DISQUALIFIED AMOUNT. THE CANDIDATE, THE TREASURER AND THE
CANDIDATE'S AUTHORIZED COMMITTEE ARE JOINTLY AND  SEVERABLY  LIABLE  FOR
ANY REPAYMENTS TO THE BOARD.
  (C) IF THE TOTAL OF PAYMENTS FROM THE FUND RECEIVED BY A PARTICIPATING
CANDIDATE  AND HIS OR HER AUTHORIZED COMMITTEE EXCEED THE TOTAL CAMPAIGN
EXPENDITURES OF SUCH CANDIDATE AND AUTHORIZED COMMITTEE FOR ALL  COVERED
ELECTIONS  HELD  IN  THE SAME CALENDAR YEAR OR FOR A SPECIAL ELECTION TO
FILL A VACANCY, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS FUNDS
TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH AUTHORIZED COMMITTEE
FROM THE FUND DURING SUCH CALENDAR YEAR OR FOR  SUCH  SPECIAL  ELECTION.
PARTICIPATING  CANDIDATES SHALL PAY TO THE BOARD UNSPENT PUBLIC CAMPAIGN
FUNDS FROM AN ELECTION  NOT  LATER  THAN  TWENTY-SEVEN  DAYS  AFTER  ALL
LIABILITIES  FOR THE ELECTION HAVE BEEN PAID AND IN ANY EVENT, NOT LATER
THAN THE DAY ON WHICH THE BOARD ISSUES ITS FINAL AUDIT  REPORT  FOR  THE
PARTICIPATING  CANDIDATE'S AUTHORIZED COMMITTEE; PROVIDED, HOWEVER, THAT
ALL UNSPENT PUBLIC CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE SHALL BE
IMMEDIATELY DUE AND PAYABLE TO THE BOARD UPON  A  DETERMINATION  BY  THE
BOARD  THAT  THE  PARTICIPANT  HAS  DELAYED  THE  POST-ELECTION AUDIT. A
PARTICIPATING CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES WITH  PUBLIC
FUNDS ONLY FOR ROUTINE ACTIVITIES INVOLVING NOMINAL COST ASSOCIATED WITH
WINDING  UP A CAMPAIGN AND RESPONDING TO THE POST-ELECTION AUDIT.  NOTH-
ING IN THIS TITLE SHALL BE CONSTRUED TO PREVENT A CANDIDATE  OR  HIS  OR
HER AUTHORIZED COMMITTEE FROM USING CAMPAIGN CONTRIBUTIONS RECEIVED FROM
PRIVATE CONTRIBUTORS FOR OTHERWISE LAWFUL EXPENDITURES.
  3. THE BOARD SHALL PROMULGATE REGULATIONS FOR THE CERTIFICATION OF THE
AMOUNT  OF  FUNDS  PAYABLE BY THE COMPTROLLER, FROM THE FUND ESTABLISHED
PURSUANT TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW, TO A  PARTIC-
IPATING  CANDIDATE  THAT  HAS  QUALIFIED  TO RECEIVE SUCH PAYMENT. THESE
REGULATIONS SHALL INCLUDE THE PROMULGATION AND DISTRIBUTION OF FORMS  ON
WHICH  CONTRIBUTIONS  AND  EXPENDITURES  ARE TO BE REPORTED, THE PERIODS
DURING WHICH SUCH REPORTS MUST BE FILED AND THE  VERIFICATION  REQUIRED.
THE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL MAKE POSSIBLE PAYMENT BY
THE  FUND  WITHIN FOUR BUSINESS DAYS AFTER RECEIPT OF THE REQUIRED FORMS
AND VERIFICATIONS.
  S  14-210.  ENFORCEMENT  AND  PENALTIES  FOR  VIOLATIONS   AND   OTHER
PROCEEDINGS.    1.  CIVIL PENALTIES. VIOLATIONS OF ANY PROVISION OF THIS

S. 6355                            52                            A. 8555

TITLE OR RULE PROMULGATED PURSUANT TO THIS TITLE SHALL BE SUBJECT  TO  A
CIVIL PENALTY IN AN AMOUNT NOT IN EXCESS OF FIFTEEN THOUSAND DOLLARS.
  2. NOTICE OF VIOLATION AND OPPORTUNITY TO CONTEST. THE BOARD SHALL:
  (A)  DETERMINE  WHETHER  A VIOLATION OF ANY PROVISION OF THIS TITLE OR
RULE PROMULGATED HEREUNDER HAS BEEN COMMITTED;
  (B) GIVE WRITTEN NOTICE AND THE OPPORTUNITY TO CONTEST BEFORE AN INDE-
PENDENT HEARING OFFICER TO EACH  PERSON  OR  ENTITY  IT  HAS  REASON  TO
BELIEVE HAS COMMITTED A VIOLATION; AND
  (C)  IF  APPROPRIATE,  ASSESS PENALTIES FOR VIOLATIONS, FOLLOWING SUCH
NOTICE AND OPPORTUNITY TO CONTEST.
  3. CRIMINAL CONDUCT. ANY PERSON WHO KNOWINGLY AND WILLFULLY  FURNISHES
OR  SUBMITS  FALSE  STATEMENTS OR INFORMATION TO THE BOARD IN CONNECTION
WITH ITS ADMINISTRATION OF THIS TITLE, SHALL BE GUILTY OF A  MISDEMEANOR
IN ADDITION TO ANY OTHER PENALTY AS MAY BE IMPOSED UNDER THIS CHAPTER OR
PURSUANT  TO  ANY  OTHER LAW. THE BOARD SHALL SEEK TO RECOVER ANY PUBLIC
MATCHING FUNDS OBTAINED AS A RESULT OF SUCH CRIMINAL CONDUCT.
  4. PROCEEDINGS AS TO PUBLIC FINANCING. (A) THE DETERMINATION OF ELIGI-
BILITY PURSUANT TO THIS TITLE AND ANY  QUESTION  OR  ISSUE  RELATING  TO
PAYMENTS  FOR  CAMPAIGN  EXPENDITURES  PURSUANT  TO  THIS  TITLE  MAY BE
CONTESTED IN A PROCEEDING INSTITUTED IN THE SUPREME COURT, ALBANY  COUN-
TY, BY ANY AGGRIEVED CANDIDATE.
  (B)  A  PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY
OR PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO THIS  CHAPTER
SHALL  BE  INSTITUTED  WITHIN FOURTEEN DAYS AFTER SUCH DETERMINATION WAS
MADE. THE BOARD SHALL BE MADE A PARTY TO ANY SUCH PROCEEDING.
  (C) UPON THE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE FROM A  PARTIC-
IPATING  CANDIDATE  OR  SUCH  CANDIDATE'S AUTHORIZED COMMITTEE AFTER THE
ISSUANCE OF WRITTEN NOTICE OF SUCH  AMOUNT  DUE,  AS  REQUIRED  BY  THIS
TITLE,  THE  BOARD  IS  AUTHORIZED  TO INSTITUTE A SPECIAL PROCEEDING OR
CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A  JUDGMENT  FOR
ANY  AMOUNTS  DETERMINED  TO  BE  PAYABLE TO THE BOARD AS A RESULT OF AN
EXAMINATION AND AUDIT MADE PURSUANT TO THIS  TITLE  OR  TO  OBTAIN  SUCH
AMOUNTS  DIRECTLY  FROM  THE  CANDIDATE  OR AUTHORIZED COMMITTEE AFTER A
HEARING AT THE STATE BOARD OF ELECTIONS.
  (D) THE BOARD IS AUTHORIZED TO INSTITUTE A SPECIAL PROCEEDING OR CIVIL
ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A JUDGMENT  FOR  CIVIL
PENALTIES  DETERMINED  TO BE PAYABLE TO THE BOARD PURSUANT TO THIS TITLE
OR TO IMPOSE SUCH PENALTY DIRECTLY AFTER A HEARING AT THE STATE BOARD OF
ELECTIONS.
  S 14-211. REPORTS. THE BOARD SHALL REVIEW AND EVALUATE THE  EFFECT  OF
THIS  TITLE  UPON  THE  CONDUCT OF ELECTION CAMPAIGNS AND SHALL SUBMIT A
REPORT TO THE LEGISLATURE ON OR BEFORE JANUARY FIRST, TWO THOUSAND NINE-
TEEN, AND EVERY THIRD YEAR THEREAFTER, AND AT ANY OTHER  TIME  UPON  THE
REQUEST  OF  THE  GOVERNOR  AND  AT  SUCH OTHER TIMES AS THE BOARD DEEMS
APPROPRIATE. THESE REPORTS SHALL INCLUDE:
  1. A LIST OF THE  PARTICIPATING  AND  NONPARTICIPATING  CANDIDATES  IN
COVERED  ELECTIONS  AND  THE  VOTES  RECEIVED BY EACH CANDIDATE IN THOSE
ELECTIONS;
  2. THE AMOUNT OF CONTRIBUTIONS AND LOANS  RECEIVED,  AND  EXPENDITURES
MADE, ON BEHALF OF THESE CANDIDATES;
  3.  THE  AMOUNT  OF PUBLIC MATCHING FUNDS EACH PARTICIPATING CANDIDATE
RECEIVED, SPENT, AND REPAID PURSUANT TO THIS TITLE;
  4. ANALYSIS OF THE  EFFECT  OF  THIS  TITLE  ON  POLITICAL  CAMPAIGNS,
INCLUDING  ITS  EFFECT  ON THE SOURCES AND AMOUNTS OF PRIVATE FINANCING,
THE LEVEL OF CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE  NUMBER  OF
CANDIDATES,  THE  CANDIDATES' ABILITY TO CAMPAIGN EFFECTIVELY FOR PUBLIC

S. 6355                            53                            A. 8555

OFFICE, AND THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED  TO  OFFICE;
AND
  5.  RECOMMENDATIONS FOR AMENDMENTS TO THIS TITLE, INCLUDING CHANGES IN
CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY, AND ANY OTHER  FEATURES
OF THE SYSTEM.
  S  14-212.  DEBATES  FOR  CANDIDATES FOR STATEWIDE OFFICE.   THE BOARD
SHALL PROMULGATE REGULATIONS TO FACILITATE DEBATES  AMONG  PARTICIPATING
CANDIDATES  WHO SEEK ELECTION TO STATEWIDE OFFICE.  PARTICIPATING CANDI-
DATES ARE REQUIRED TO PARTICIPATE IN ONE DEBATE BEFORE EACH ELECTION FOR
WHICH THE CANDIDATE RECEIVES  PUBLIC  FUNDS,  UNLESS  THE  PARTICIPATING
CANDIDATE  IS RUNNING UNOPPOSED. NONPARTICIPATING CANDIDATES MAY PARTIC-
IPATE IN SUCH DEBATES.
  S 14-213. SEVERABILITY.  IF ANY CLAUSE, SENTENCE,  SUBDIVISION,  PARA-
GRAPH,  SECTION OR PART OF THIS TITLE BE ADJUDGED BY ANY COURT OF COMPE-
TENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT,  IMPAIR
OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
TION  TO  THE  CLAUSE, SENTENCE, SUBDIVISION, PARAGRAPH, SECTION OR PART
THEREOF DIRECTLY INVOLVED IN THE  CONTROVERSY  IN  WHICH  SUCH  JUDGMENT
SHALL HAVE BEEN RENDERED.
  S  8. The state finance law is amended by adding a new section 92-t to
read as follows:
  S 92-T. NEW YORK STATE CAMPAIGN  FINANCE  FUND.  1.  THERE  IS  HEREBY
ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW  YORK
STATE CAMPAIGN FINANCE FUND.
  2.  SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE NEW YORK
STATE CAMPAIGN FINANCE FUND CHECK-OFF  PURSUANT  TO  SUBSECTION  (F)  OF
SECTION SIX HUNDRED FIFTY-EIGHT OF THE TAX LAW, FROM THE ABANDONED PROP-
ERTY  FUND  PURSUANT  TO  SECTION  NINETY-FIVE OF THIS ARTICLE, FROM THE
GENERAL FUND, AND FROM ALL OTHER MONEYS CREDITED OR TRANSFERRED  THERETO
FROM  ANY  OTHER  FUND  OR SOURCE PURSUANT TO LAW.  SUCH FUND SHALL ALSO
RECEIVE CONTRIBUTIONS FROM PRIVATE INDIVIDUALS, ORGANIZATIONS, OR  OTHER
PERSONS TO FULFILL THE PURPOSES OF THE PUBLIC FINANCING SYSTEM.
  3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE  EXPENDED  FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT
TO TITLE II OF ARTICLE FOURTEEN OF THE ELECTION LAW AND FOR  ADMINISTRA-
TIVE  EXPENSES  RELATED TO THE IMPLEMENTATION OF ARTICLE FOURTEEN OF THE
ELECTION LAW. MONEYS SHALL BE PAID OUT OF THE FUND BY  THE  STATE  COMP-
TROLLER  ON  VOUCHERS  CERTIFIED  OR  APPROVED  BY  THE  STATE  BOARD OF
ELECTIONS,  OR  ITS  DULY  DESIGNATED  REPRESENTATIVE,  IN  THE   MANNER
PRESCRIBED BY LAW, NOT MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS
RECEIVED BY THE STATE COMPTROLLER.
  4.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, IF, IN ANY
STATE FISCAL YEAR, THE STATE CAMPAIGN FINANCE FUND LACKS THE  AMOUNT  OF
MONEY  TO  PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES AND CERTIFIED
OR APPROVED BY THE STATE BOARD OF ELECTIONS, ANY SUCH  DEFICIENCY  SHALL
BE  PAID  BY  THE STATE COMPTROLLER, FROM FUNDS DEPOSITED IN THE GENERAL
FUND OF THE STATE NOT MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER  IS
RECEIVED BY THE STATE COMPTROLLER.
  5.  COMMENCING  IN TWO THOUSAND SIXTEEN, IF THE SURPLUS IN THE FUND ON
APRIL FIRST OF THE YEAR AFTER A YEAR IN  WHICH  A  GOVERNOR  IS  ELECTED
EXCEEDS  TWENTY-FIVE PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER THE
PREVIOUS FOUR YEARS, THE EXCESS SHALL REVERT TO THE GENERAL FUND OF  THE
STATE.
  6.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
PRIMARY  ELECTION  ANY  EARLIER  THAN  THIRTY  DAYS  AFTER   DESIGNATING

S. 6355                            54                            A. 8555

PETITIONS,  INDEPENDENT  NOMINATING  PETITIONS, OR CERTIFICATES OF NOMI-
NATION HAVE BEEN FILED AND NOT LESS THAN  FORTY-FIVE  DAYS  BEFORE  SUCH
ELECTION.
  7.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF  THE  PRIMARY
ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
  8.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
SPECIAL ELECTION ANY EARLIER THAN THE DAY AFTER THE  LAST  DAY  TO  FILE
CERTIFICATES OF PARTY NOMINATION FOR SUCH SPECIAL ELECTION.
  9.  NO  PUBLIC  FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN  DECLARED
INVALID  BY  THE  APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER COURT
IN A FINAL JUDGMENT.  NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH
A CANDIDATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON THE  DATE  OF
SUCH DISQUALIFICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY
PURPOSE  EXCEPT  THE  PAYMENT  OF LIABILITIES INCURRED BEFORE SUCH DATE.
ALL SUCH MONEYS SHALL BE REPAID TO THE FUND.
  S 9. Section 95 of the state finance law is amended by  adding  a  new
subdivision 5 to read as follows:
  5.  NOTWITHSTANDING  ANY  PROVISION  OF  THIS  SECTION AUTHORIZING THE
TRANSFER OF ANY MONEYS IN THE ABANDONED PROPERTY  FUND  TO  THE  GENERAL
FUND, IN JANUARY OF EACH YEAR IN WHICH A STATE GENERAL ELECTION IS TO BE
HELD  PURSUANT  TO LAW, OR AT LEAST SIX WEEKS PRIOR TO ANY STATE SPECIAL
ELECTION, THE COMPTROLLER, UPON WARRANT OR VOUCHER BY  THE  CHAIRMAN  OF
THE  CAMPAIGN FINANCE BOARD OR HIS OR HER DULY APPOINTED REPRESENTATIVE,
SHALL TRANSFER MONEYS OF THE ABANDONED PROPERTY FUND INTO  THE  CAMPAIGN
FINANCE FUND PURSUANT TO SECTION NINETY-NINE-V OF THIS ARTICLE. ON MARCH
THIRTY-FIRST  OF  THE  YEAR  FOLLOWING  SUCH GENERAL ELECTION YEAR, SUCH
CHAIRMAN SHALL TRANSFER TO THE GENERAL FUND ANY SURPLUS  MONEYS  OF  THE
CAMPAIGN FINANCE FUND AS OF SUCH DATE.
  S 10. Section 658 of the tax law is amended by adding a new subsection
(f) to read as follows:
  (F) NEW YORK STATE CAMPAIGN FINANCE FUND CHECK-OFF. (1) FOR EACH TAXA-
BLE  YEAR  BEGINNING  ON AND AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN,
EVERY RESIDENT TAXPAYER WHOSE NEW YORK STATE INCOME  TAX  LIABILITY  FOR
THE  TAXABLE YEAR FOR WHICH THE RETURN IS FILED IS FORTY DOLLARS OR MORE
MAY DESIGNATE ON SUCH RETURN THAT FORTY DOLLARS BE  PAID  INTO  THE  NEW
YORK  STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T OF
THE STATE FINANCE LAW. WHERE A HUSBAND AND WIFE FILE A JOINT RETURN  AND
HAVE  A  NEW  YORK  STATE  INCOME TAX LIABILITY FOR THE TAXABLE YEAR FOR
WHICH THE RETURN IS FILED IS EIGHTY DOLLARS OR MORE,  OR  FILE  SEPARATE
RETURNS  ON  A  SINGLE FORM, EACH SUCH TAXPAYER MAY MAKE SEPARATE DESIG-
NATIONS ON SUCH RETURN OF FORTY DOLLARS TO BE PAID  INTO  THE  NEW  YORK
STATE CAMPAIGN FINANCE FUND.
  (2)  THE  COMMISSIONER  SHALL  TRANSFER TO THE NEW YORK STATE CAMPAIGN
FINANCE FUND, ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE  STATE
FINANCE  LAW,  AN AMOUNT EQUAL TO FORTY DOLLARS MULTIPLIED BY THE NUMBER
OF DESIGNATIONS.
  (3) FOR PURPOSES OF THIS SUBSECTION, THE INCOME TAX  LIABILITY  OF  AN
INDIVIDUAL  FOR ANY TAXABLE YEAR IS THE AMOUNT OF TAX IMPOSED UNDER THIS
ARTICLE REDUCED BY THE SUM OF THE  CREDITS  (AS  SHOWN  IN  HIS  OR  HER
RETURN) ALLOWABLE UNDER THIS ARTICLE.
  (4)  THE DEPARTMENT SHALL INCLUDE A PLACE ON EVERY PERSONAL INCOME TAX
RETURN FORM TO BE FILED BY AN INDIVIDUAL FOR A TAX YEAR BEGINNING ON  OR
AFTER  JANUARY  FIRST,  TWO THOUSAND FOURTEEN, FOR SUCH TAXPAYER TO MAKE

S. 6355                            55                            A. 8555

THE DESIGNATIONS DESCRIBED IN PARAGRAPH ONE  OF  THIS  SUBSECTION.  SUCH
RETURN  FORM  SHALL CONTAIN A CONCISE EXPLANATION OF THE PURPOSE OF SUCH
OPTIONAL DESIGNATIONS.
  S  11.  Severability. If any clause, sentence, subdivision, paragraph,
section or part of title II of article 14 of the election law, as  added
by  section  seven  of  this  act  be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not  affect,  impair  or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, subdivision, paragraph, section or part thereof
directly  involved  in the controversy in which such judgment shall have
been rendered.
  S 12.  This act shall take effect immediately; provided, however,  all
state  legislative  candidates will be eligible to participate in volun-
tary public financing beginning with the 2016 primary election  and  all
other   state  candidates,  including  those  in  irregularly  scheduled
elections, will be eligible to particulate in voluntary public financing
beginning with the 2018 primary election.
  S 2. Severability. If any clause,  sentence,  subdivision,  paragraph,
section,  subpart or part of this act be adjudged by any court of compe-
tent jurisdiction to be invalid, such judgment shall not affect,  impair
or invalidate the remainder thereof, but shall be confined in its opera-
tion  to  the clause, sentence, subdivision, paragraph, section, subpart
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This act shall take effect immediately, provided, however, that
the applicable effective dates of Subparts A through D of this act shall
be as specifically set forth in the last section of such Subparts.

                                 PART I

  Section 1. The state comptroller is hereby authorized and directed  to
loan  money in accordance with the provisions set forth in subdivision 5
of section 4 of the state finance law  to  the  following  funds  and/or
accounts:
  1. Tuition reimbursement account (20451).
  2. Proprietary vocational school supervision account (20452).
  3. Local government records management account (20501).
  4. Child health plus program account (20810).
  5. Hospital based grants program account (20812).
  6. EPIC premium account (20818).
  7. Education - New (20901).
  8. VLT - Sound basic education fund (20904).
  9.   Sewage  treatment  program  management  and  administration  fund
(21000).
  10. Hazardous bulk storage account (21061).
  11. Federal grants indirect cost recovery account (21065).
  12. Low level radioactive waste account (21066).
  13. Recreation account (21067).
  14. Public safety recovery account (21077).
  15. Conservationist magazine account (21080).
  16. Environmental regulatory account (21081).
  17. Natural resource account (21082).
  18. Mined land reclamation program account (21084).
  19. Great lakes restoration initiative account (21087).

S. 6355                            56                            A. 8555

  20. Environmental protection and oil spill compensation fund (21200).
  21. Public transportation systems account (21401).
  22. Metropolitan mass transportation (21402).
  23. Operating permit program account (21451).
  24. Mobile source account (21452).
  25.   Statewide  planning  and  research  cooperative  system  account
(21902).
  26. OPWDD provider of service account (21903).
  27. Mental hygiene program fund account (21907).
  28. Mental hygiene patient income account (21909).
  29. Financial control board account (21911).
  30. Regulation of racing account (21912).
  31. New York Metropolitan Transportation Council account (21913).
  32. Cyber upgrade account (21919).
  33. State university dormitory income reimbursable account (21937).
  34. Energy research account (21943).
  35. Criminal justice improvement account (21945).
  36. Fingerprint identification and technology account (21950).
  37. Environmental laboratory reference fee account (21959).
  38. Clinical laboratory reference system assessment account (21962).
  39. Public employment relations board account (21964).
  40. Indirect cost recovery account (21978).
  41. High school equivalency program account (21979).
  42. Multi-agency training account (21989).
  43. Bell jar collection account (22003).
  44. Industry and utility service account (22004).
  45. Real property disposition account (22006).
  46. Parking account (22007).
  47. Asbestos safety training program account (22009).
  48. Batavia school for the blind account (22032).
  49. Investment services account (22034).
  50. Surplus property account (22036).
  51. Financial oversight account (22039).
  52. Regulation of indian gaming account (22046).
  53. Rome school for the deaf account (22053).
  54. Seized assets account (22054).
  55. Administrative adjudication account (22055).
  56. Federal salary sharing account (22056).
  57. New York City assessment account (22062).
  58. Cultural education account (22063).
  59. Local services account (22078).
  60. DHCR mortgage servicing account (22085).
  61. Department of motor vehicles compulsory insurance account (22087).
  62. Housing indirect cost recovery account (22090).
  63. Accident prevention course program account (22094).
  64. DHCR-HCA application fee account (22100).
  65. Low income housing monitoring account (22130).
  66. Corporation administration account (22135).
  67. Montrose veteran's home account (22144).
  68. Deferred compensation administration account (22151).
  69. Rent revenue other New York City account (22156).
  70. Rent revenue account (22158).
  71. Tax revenue arrearage account (22168).
  72. State university general income offset account (22654).
  73. State police motor vehicle law enforcement account (22802).
  74. Highway safety program account (23001).

S. 6355                            57                            A. 8555

  75. EFC drinking water program account (23101).
  76. DOH drinking water program account (23102).
  77. NYCCC operating offset account (23151).
  78. Commercial gaming revenue account (23701).
  79. Commercial gaming regulation account (23702).
  80. Highway and bridge capital account (30051).
  81. State university residence hall rehabilitation fund (30100).
  82. State parks infrastructure account (30351).
  83. Clean water/clean air implementation fund (30500).
  84. Hazardous waste remedial cleanup account (31506).
  85. Youth facilities improvement account (31701).
  86. Housing assistance fund (31800).
  87. Housing program fund (31850).
  88. Highway facility purpose account (31951).
  89.  Miscellaneous capital projects fund, information technology capi-
tal financing account.
  90. New York racing account (32213).
  91. Mental hygiene facilities capital improvement fund (32300).
  92. Correctional facilities capital improvement fund (32350).
  93. New York State Storm Recovery Capital Fund (33000).
  94. OGS convention center account (50318).
  95. Centralized services fund (55000).
  96. Archives records management account (55052).
  97. Federal single audit account (55053).
  98. Civil service law section II administrative account (55055).
  99. Civil service EHS occupational health program account (55056).
  100. Banking services account (55057).
  101. Cultural resources survey account (55058).
  102. Neighborhood work project (55059).
  103. Automation & printing chargeback account (55060).
  104. OFT NYT account (55061).
  105. Data center account (55062).
  106. Human service telecom account (55063).
  107. Intrusion detection account (55066).
  108. Domestic violence grant account (55067).
  109. Centralized technology services account (55069).
  110. Labor contact center account (55071).
  111. Human services contact center account (55072).
  112. Tax contact center account (55073).
  113. Joint labor/management administration fund (55201).
  114. Executive direction internal audit account (55251).
  115. CIO Information technology centralized services account (55252).
  116. Health insurance internal service account (55300).
  117. Civil service employee benefits division  administrative  account
(55301).
  118. Correctional industries revolving fund (55350).
  119. Employees health insurance account (60201).
  120. Medicaid management information system escrow fund (60900).
  S 1-a. The state comptroller is hereby authorized and directed to loan
money  in  accordance  with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within  the  following
federal  funds,  provided  the comptroller has made a determination that
sufficient federal grant award authority is available to reimburse  such
loans:
  1. Federal USDA-food and nutrition services fund. (25000).
  2. Federal health and human services fund (25100).

S. 6355                            58                            A. 8555

  3. Federal education fund (25200).
  4. Federal block grant fund (25250).
  5. Federal miscellaneous operating grants fund. (25300)
  6. Federal unemployment insurance administration fund (25900).
  7. Federal unemployment insurance occupational training fund (25950).
  8. Federal emergency employment act fund (26000).
  9. Federal capital projects fund (31350).
  S  2.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2015, up to the unencumbered balance or the  follow-
ing amounts:
  Economic Development and Public Authorities:
  1.  $175,000  from the miscellaneous special revenue fund, underground
facilities safety training account (22172), to the general fund.
  2. An amount up to the unencumbered  balance  from  the  miscellaneous
special  revenue  fund, business and licensing services account (21977),
to the general fund.
  3. $14,810,000 from  the  miscellaneous  special  revenue  fund,  code
enforcement account (21904), to the general fund.
  4.  $3,000,000  from  the  general  fund  to the miscellaneous special
revenue fund, tax revenue arrearage account (22168).
  5. $350,000  from  the  state  exposition  special  fund,  state  fair
receipts account (50051), to the general fund.
  Education:
  1.  $2,265,000,000  from  the  general fund to the state lottery fund,
education account (20901), as reimbursement for disbursements made  from
such  fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of  the  amounts  deposited  in
such fund for such purposes pursuant to section 1612 of the tax law.
  2.  $950,604,000  from the general fund to the state lottery fund, VLT
education account (20904), as reimbursement for disbursements made  from
such  fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of  the  amounts  deposited  in
such fund for such purposes pursuant to section 1612 of the tax law.
  3.  Moneys  from  the  state lottery fund up to an amount deposited in
such fund pursuant to section 1612 of the  tax  law  in  excess  of  the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
  4.  $300,000  from the local government records management improvement
fund (20500) to the archives partnership trust fund (20350).
  5. $900,000 from the general fund to the miscellaneous special revenue
fund, Batavia school for the blind account (22032).
  6. $900,000 from the general fund to the miscellaneous special revenue
fund, Rome school for the deaf account (22053).
  7. $343,400,000  from  the  state  university  dormitory  income  fund
(40350)  to  the  miscellaneous  special  revenue fund, state university
dormitory income reimbursable account (21937).
  8. $24,000,000 from any of  the  state  education  department  special
revenue  and internal service funds to the miscellaneous special revenue
fund, indirect cost recovery account (21978).
  9. $8,318,000 from the general fund to  the  state  university  income
fund,  state  university  income offset account (22654), for the state's
share of repayment of the STIP loan.
  10. $64,000,000 from the state university income fund, state universi-
ty hospitals income reimbursable account (22656) to the general fund for

S. 6355                            59                            A. 8555

hospital debt service for the period April 1,  2014  through  March  31,
2015.
  Environmental Affairs:
  1.  $16,000,000  from any of the department of environmental conserva-
tion's special revenue federal funds to the  environmental  conservation
special revenue fund, federal indirect recovery account (21065).
  2.  $2,000,000  from  any of the department of environmental conserva-
tion's special revenue federal funds to the conservation fund as  neces-
sary to avoid diversion of conservation funds.
  3. $3,000,000 from any of the office of parks, recreation and historic
preservation  capital projects federal funds and special revenue federal
funds to the miscellaneous special revenue fund, federal grant  indirect
cost recovery account (22188).
  4. $1,000,000 from any of the office of parks, recreation and historic
preservation  special revenue federal funds to the miscellaneous special
revenue fund, I love NY water account (21930).
  Family Assistance:
  1. $10,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department  of  health
special  revenue  federal funds and the general fund, in accordance with
agreements with social services districts, to the miscellaneous  special
revenue  fund, office of human resources development state match account
(21967).
  2. $3,000,000 from any of the office of children and  family  services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund, family preservation and
support services and family violence services account (22082).
  3. $18,670,000 from any of the office of children and family services,
office  of  temporary and disability assistance, or department of health
special revenue federal  funds  and  any  other  miscellaneous  revenues
generated  from  the operation of office of children and family services
programs to the general fund.
  4. $140,000,000 from any of the office  of  temporary  and  disability
assistance  or department of health special revenue funds to the general
fund.
  5. $2,500,000 from any of  the  office  of  temporary  and  disability
assistance  or  office  of  children and family services special revenue
federal funds to the  miscellaneous  special  revenue  fund,  office  of
temporary and disability assistance program account (21980).
  6. $35,000,000 from any of the office of children and family services,
office  of temporary and disability assistance, department of labor, and
department of health special revenue federal  funds  to  the  office  of
children  and family services miscellaneous special revenue fund, multi-
agency training contract account (21989).
  7. $122,000,000 from the miscellaneous  special  revenue  fund,  youth
facility per Diem account (22186), to the general fund.
  8.  $621,850  from the general fund to the combined gifts, grants, and
bequests fund, WB Hoyt Memorial account (20128).
  9. $2,500,000 from  the  miscellaneous  special  revenue  fund,  state
central registry (22028) to the general fund.
  General Government:
  1. $1,566,000 from the miscellaneous special revenue fund, examination
and miscellaneous revenue account (22065) to the general fund.
  2. $12,500,000 from the general fund to the health insurance revolving
fund (55300).

S. 6355                            60                            A. 8555

  3.  $192,400,000  from  the  health  insurance  reserve  receipts fund
(60550) to the general fund.
  4. $150,000 from the general fund to the not-for-profit revolving loan
fund (20650).
  5. $150,000 from the not-for-profit revolving loan fund (20650) to the
general fund.
  6. $30,000,000 from the miscellaneous special revenue fund, real prop-
erty disposition account (22006), to the general fund.
  7.  $3,000,000  from  the  miscellaneous special revenue fund, surplus
property account (22036), to the general fund.
  8. $19,900,000 from the general  fund  to  the  miscellaneous  special
revenue fund, alcoholic beverage control account (22033).
  9.  $23,000,000  from  the miscellaneous special revenue fund, revenue
arrearage account (22024), to the general fund.
  10. $1,826,000 from the miscellaneous special  revenue  fund,  revenue
arrearage  account  (22024),  to the miscellaneous special revenue fund,
authority budget office account (22138).
  11. $1,000,000 from the miscellaneous special  revenue  fund,  parking
services  account (22007), to the general fund, for the purpose of reim-
bursing the costs of debt service related to state parking facilities.
  12. $21,800,000 from the general fund to the  internal  service  fund,
COPS account (55013).
  13. $14,000,000 from the general fund to the agencies internal service
fund,  central  technology  services account (55069), for the purpose of
enterprise technology projects.
  Health:
  1. $64,600,000 from the miscellaneous special revenue fund, quality of
care account (21915) to the general fund.
  2. $1,000,000 from the general fund to the combined gifts, grants  and
bequests  fund, breast cancer research and education account (20155), an
amount equal to the monies collected and deposited into that account  in
the previous fiscal year.
  3. $1,464,000 from any of the department of health accounts within the
federal  health  and  human  services  fund  to the department of health
miscellaneous special revenue  fund,  statewide  planning  and  research
cooperation system (SPARCS) program account (21902).
  4.  $250,000  from  the general fund to the combined gifts, grants and
bequests  fund,  prostate  cancer  research,  detection,  and  education
account  (20183),  an amount equal to the moneys collected and deposited
into that account in the previous fiscal year.
  5. $500,000 from the general fund to the combined  gifts,  grants  and
bequests  fund,  Alzheimer's  disease  research  and  assistance account
(20143), an amount equal to the moneys collected and deposited into that
account in the previous fiscal year.
  6. $26,527,000 from the HCRA resources fund (20800), to the  miscella-
neous  special  revenue  fund, empire state stem cell trust fund account
(22161).
  7. $11,373,000 from the general  fund  to  the  miscellaneous  special
revenue fund, empire state stem cell trust fund (22161).
  8.  $64,600,000  from  any of the department of health accounts within
the federal health and human services fund to the miscellaneous  special
revenue fund, quality of care account (21915).
  9. $4,000,000 from the miscellaneous special revenue fund, certificate
of  need  account  (21920),  to the miscellaneous capital projects fund,
healthcare IT capital subfund.

S. 6355                            61                            A. 8555

  10. $3,000,000 from the miscellaneous special revenue  fund,  adminis-
tration  program  account (21982), to the miscellaneous capital projects
fund, healthcare IT capital subfund.
  11.  $3,000,000  from  the  miscellaneous  special revenue fund, vital
records account (22103), to the  miscellaneous  capital  projects  fund,
healthcare IT capital subfund.
  12.  $65,000,000  from  the HCRA resources fund (20800) to the capital
projects fund (30000), for the purpose of funding the  statewide  health
information network for New York and the all payers claims database.
  Labor:
  1.  $400,000  from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the child performer's protection fund, child
performer protection account (20401).
  2. $8,400,000 from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the general fund.
  3. $3,300,000 from the unemployment  insurance  interest  and  penalty
fund,  unemployment  insurance  special  interest  and  penalty  account
(23601), to the general fund.
  Mental Hygiene:
  1. $10,000,000 from the miscellaneous  special  revenue  fund,  mental
hygiene  patient  income  account  (21909), to the miscellaneous special
revenue fund, federal salary sharing account (22056).
  2. $100,000,000 from the miscellaneous special  revenue  fund,  mental
hygiene  patient  income  account  (21909), to the miscellaneous special
revenue fund, provider of service accounts (21903).
  3. $100,000,000 from the miscellaneous special  revenue  fund,  mental
hygiene  program  fund  account  (21907),  to  the miscellaneous special
revenue fund, provider of service account (21903).
  4. $1,250,000,000 from the general fund to the  miscellaneous  special
revenue fund, mental hygiene patient income account (21909).
  5.  $1,600,000,000  from the general fund to the miscellaneous special
revenue fund, mental hygiene program fund account (21907).
  6. $100,000,000 from the miscellaneous special  revenue  fund,  mental
hygiene program fund account (21907), to the general fund.
  7.  $100,000,000  from  the miscellaneous special revenue fund, mental
hygiene patient income account (21909), to the general fund.
  Public Protection:
  1. $1,350,000 from the miscellaneous special revenue  fund,  emergency
management account (21944), to the general fund.
  2.  $3,300,000  from  the  general  fund  to the miscellaneous special
revenue fund, recruitment incentive account (22171).
  3. $13,000,000 from the general fund to  the  correctional  industries
revolving   fund,   correctional  industries  internal  service  account
(55350).
  4. $12,000,000 from the federal miscellaneous operating  grants  fund,
DMNA damage account (25324), to the general fund.
  5.  $14,300,000  from  the  general  fund to the miscellaneous special
revenue fund, crimes against revenue program account (22015).
  6. $9,100,000 from the miscellaneous special  revenue  fund,  criminal
justice improvement account (21945), to the general fund.
  7.  $50,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the general fund.
  8. $106,000,000 from the state police motor  vehicle  law  enforcement
and  motor  vehicle  theft  and  insurance  fraud prevention fund, state
police motor vehicle enforcement account (22802), to  the  general  fund
for state operation expenses of the division of state police.

S. 6355                            62                            A. 8555

  9.  $21,500,000  from  the general fund to the correctional facilities
capital improvement fund (32350).
  10.  $5,000,000  from  the  general  fund to the dedicated highway and
bridge trust fund (30050) for the purpose of work zone safety activities
provided by the division of state police for the department of transpor-
tation.
  11. $5,000,000 from the miscellaneous special revenue fund,  statewide
public  safety  communications  account (22123), to the capital projects
fund (30000).
  12. $2,000,000 from the  miscellaneous  special  revenue  fund,  legal
services assistance account (22096), to the general fund.
  Transportation:
  1. $17,672,000 from the federal miscellaneous operating grants fund to
the  miscellaneous special revenue fund, New York Metropolitan Transpor-
tation Council account (21913).
  2. $20,147,000 from the federal capital projects fund to the miscella-
neous special revenue fund, New York Metropolitan Transportation Council
account (21913).
  3. $15,700,000 from the miscellaneous special revenue fund, compulsory
insurance account (22087), to the general fund.
  4. $12,000,000 from the general fund to the mass transportation  oper-
ating  assistance  fund, public transportation systems operating assist-
ance account (21401).
  5. $662,483,000 from the general fund to  the  dedicated  highway  and
bridge trust fund (30050).
  6.  $606,000  from  the  miscellaneous  special revenue fund, accident
prevention course program account (22094), to the general fund.
  7. $6,000 from the  miscellaneous  special  revenue  fund,  motorcycle
safety account (21976), to the general fund.
  8.  $309,250,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
  9. $40,000,000 from the mass transportation operating assistance fund,
metropolitan mass transportation operating assistance  account  (21402),
to  the  general  debt  service  fund  (40150), for reimbursement of the
state's expenses in connection with payments of debt service and related
expenses for the metropolitan transportation authority's  state  service
contract bonds.
  10. $2,500,000 from the miscellaneous special revenue fund, rail safe-
ty  inspection account (21983) to the dedicated highway and bridge trust
fund (30050).
  11. $5,000,000 from the miscellaneous special revenue fund,  transpor-
tation  regulation  account  (22067) to the dedicated highway and bridge
trust fund (30050), for disbursements made  from  such  fund  for  motor
carrier  safety that are in excess of the amounts deposited in the dedi-
cated highway and bridge trust fund (30050) for such purpose pursuant to
section 94 of the transportation law.
  Miscellaneous:
  1. $150,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
  2. $500,000,000 from the general fund to the  debt  reduction  reserve
fund (40000).
  3.  $450,000,000  from  the New York state storm recovery capital fund
(33000) to the revenue bond tax fund (40152).
  4. $15,500,000 from the general fund, community  projects  account  GG
(10256), to the general fund, state purposes account (10050).

S. 6355                            63                            A. 8555

  S  3.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2015:
  1.  Upon request of the commissioner of environmental conservation, up
to $11,283,800 from revenues credited to any of the department of  envi-
ronmental  conservation special revenue funds, including $3,275,400 from
the environmental protection and oil spill  compensation  fund  (21200),
and  $1,773,600 from the conservation fund (21150), to the environmental
conservation special revenue fund, indirect charges account (21060).
  2. Upon request of the commissioner of agriculture and markets, up  to
$3,000,000  from  any special revenue fund or enterprise fund within the
department of agriculture and markets to the general fund, to pay appro-
priate administrative expenses.
  3. Upon request of the commissioner of agriculture and markets, up  to
$2,000,000  from  the state exposition special fund, state fair receipts
account (50051) to the miscellaneous capital projects fund,  state  fair
capital improvement account (32208).
  4.  Upon  request  of  the commissioner of the division of housing and
community renewal, up to $6,221,000 from revenues credited to any  divi-
sion  of  housing and community renewal federal or miscellaneous special
revenue fund to the miscellaneous special revenue fund, housing indirect
cost recovery account (22090).
  5. Upon request of the commissioner of the  division  of  housing  and
community  renewal, up to $5,500,000 may be transferred from any miscel-
laneous special revenue  fund  account,  to  any  miscellaneous  special
revenue fund.
  6.  Upon  request  of the commissioner of health up to $5,000,000 from
revenues credited to any of the department of health's  special  revenue
funds, to the miscellaneous special revenue fund, administration account
(21982).
  S 3-a.  Employees of the division of military and naval affairs in the
unclassified  service of the state, who are substantially engaged in the
performance of duties to support business and financial services, admin-
istrative services, payroll administration, time and attendance, benefit
administration and other transactional human resources functions, may be
transferred to the office of general services  in  accordance  with  the
provisions  of  section  45 of the civil service law as if the state had
taken over a private entity. No employee who is transferred pursuant  to
this  act shall suffer a reduction in basic annual salary as a result of
the transfer.
  S 4. Notwithstanding section 2815 of the  public  health  law  or  any
other  contrary  provision of law, upon the direction of the director of
the budget and the commissioner of health, the  dormitory  authority  of
the  state  of New York is directed to transfer $7,000,000 annually from
funds available and uncommitted  in  the  New  York  state  health  care
restructuring pool to the health care reform act (HCRA) resources fund -
HCRA resources account.
  S 5. On or before March 31, 2015, the comptroller is hereby authorized
and  directed  to  deposit  earnings  that would otherwise accrue to the
general fund that are attributable to the operation of section  98-a  of
the  state  finance  law, to the agencies internal service fund, banking
services account (55057), for the purpose  of  meeting  direct  payments
from such account.
  S  6.  Notwithstanding  any law to the contrary, upon the direction of
the director of the budget and upon requisition by the state  university
of  New  York,  the  dormitory  authority  of  the  state of New York is

S. 6355                            64                            A. 8555

directed to transfer, up to $22,000,000 in revenues generated  from  the
sale  of  notes  or  bonds,  to  the  state  university  of New York for
reimbursement of bondable equipment for further transfer to the  state's
general fund.
  S  7.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor  or  his  or  her
designee,  on or before March 31, 2015, up to $16,000,000 from the state
university income fund general revenue  account  (22653)  to  the  state
general  fund for debt service costs related to campus supported capital
project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
University at Buffalo.
  S  8.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor  or  his  or  her
designee,  on  or before March 31, 2015, up to $6,500,000 from the state
university income fund general revenue  account  (22653)  to  the  state
general  fund for debt service costs related to campus supported capital
project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
University at Albany.
  S  9.  Notwithstanding  any  law to the contrary, the state university
chancellor or his or her designee is authorized and directed to transfer
estimated tuition revenue balances from the state university  collection
fund  (61000)  to  the  state  university  income fund, state university
general revenue offset account (22655) on or before March 31, 2015.
  S 10. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to  $69,264,000  from  the  general  fund to the state university income
fund, state university hospitals  income  reimbursable  account  (22656)
during  the period July 1, 2014 through June 30, 2015 to reflect ongoing
state subsidy of SUNY hospitals and to pay  costs  attributable  to  the
SUNY hospitals' state agency status.
  S  11. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $969,050,300 from the general fund to  the  state  university  income
fund, state university general revenue offset account (22655) during the
period  of  July  1, 2014 through June 30, 2015 to support operations at
the state university.
  S 12. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed to transfer, upon request of the state university chancel-
lor or his or her designee, up to $50,000,000 from the state  university
income  fund,  state  university  hospitals  income reimbursable account
(22656), for services and expenses of hospital  operations  and  capital
expenditures at the state university hospitals; and the state university
income  fund,  Long  Island  veterans' home account (22652) to the state
university capital projects fund (32400) on or before June 30, 2015.
  S 13. Notwithstanding any law to the contrary, and in accordance  with
section  4 of the state finance law, the comptroller, after consultation
with the state university chancellor or his or her designee,  is  hereby
authorized  and directed to transfer moneys, in the first instance, from
the state university collection fund, Stony  Brook  hospital  collection

S. 6355                            65                            A. 8555

account (61006), Brooklyn hospital collection account (61007), and Syra-
cuse  hospital collection account (61008) to the state university income
fund, state university hospitals income reimbursable account (22656)  in
the  event  insufficient  funds  are  available  in the state university
income fund, state  university  hospitals  income  reimbursable  account
(22656)  to  permit the full transfer of moneys authorized for transfer,
to the general fund for payment of debt  service  related  to  the  SUNY
hospitals.  Notwithstanding  any law to the contrary, the comptroller is
also hereby authorized and directed, after consultation with  the  state
university  chancellor  or  his or her designee, to transfer moneys from
the state university income fund to the state  university  income  fund,
state  university  hospitals  income reimbursable account (22656) in the
event insufficient funds are available in the  state  university  income
fund,  state university hospitals income reimbursable account (22656) to
pay hospital operating costs or to permit the full  transfer  of  moneys
authorized for transfer, to the general fund for payment of debt service
related to the SUNY hospitals on or before March 31, 2015.
  S  14.  Notwithstanding any law to the contrary, upon the direction of
the director of the budget and the chancellor of the state university of
New York or his or her designee, and in accordance with section 4 of the
state finance law, the comptroller is hereby authorized and directed  to
transfer  monies from the state university dormitory income fund (40350)
to the state university residence hall rehabilitation fund (30100),  and
from  the state university residence hall rehabilitation fund (30100) to
the state university dormitory income fund (40350), in an amount not  to
exceed in the aggregate $80 million.
  S  15. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer monies, upon request of  the  director  of  the
budget,  on  or  before March 31, 2015, from and to any of the following
accounts: the miscellaneous special revenue fund, patient income account
(21909), the miscellaneous special revenue fund, mental hygiene  program
fund  account  (21907),  the miscellaneous special revenue fund, federal
salary sharing account (22056) or the general fund in  any  combination,
the aggregate of which shall not exceed $350 million.
  S  16. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the  budget,
up  to $500 million from the unencumbered balance of any special revenue
fund or account, or combination of funds and accounts,  to  the  general
fund. The amounts transferred pursuant to this authorization shall be in
addition  to  any  other  transfers  expressly authorized in the 2014-15
budget. Transfers  from  federal  funds,  debt  service  funds,  capital
projects  funds, the community projects fund, or funds that would result
in the loss of eligibility for federal benefits or federal funds  pursu-
ant to federal law, rule, or regulation as assented to in chapter 683 of
the  laws  of 1938 and chapter 700 of the laws of 1951 are not permitted
pursuant to this authorization. Prior to initiating  transfers  pursuant
to  this  authorization,  the  director  of the budget shall notify both
houses of the legislature in writing of any subfund  account  for  which
use of this transfer authorization would exceed $2.5 million.
  S  17. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the  budget,
up  to $100 million from any non-general fund or account, or combination
of funds and accounts, to the miscellaneous special revenue fund,  tech-

S. 6355                            66                            A. 8555

nology  financing  account (22207) or the miscellaneous capital projects
fund, information technology capital financing account, for the  purpose
of  consolidating  technology  procurement  and  services.   The amounts
transferred  to  the  miscellaneous  special  revenue  fund,  technology
financing account (22207) pursuant to this authorization shall be  equal
to  or  less than the amount of such monies intended to support informa-
tion technology costs which are attributable, according to  a  plan,  to
such  account made in pursuance to an appropriation by law. Transfers to
the  technology  financing  account  shall  be  completed  from  amounts
collected  by  non-general  funds or accounts pursuant to a fund deposit
schedule or permanent statute, and shall be transferred to the technolo-
gy financing account pursuant to a schedule agreed upon by the  affected
agency  commissioner. Transfers from funds that would result in the loss
of eligibility for federal benefits or federal funds pursuant to federal
law, rule, or regulation as assented to in chapter 683 of  the  laws  of
1938  and  chapter 700 of the laws of 1951 are not permitted pursuant to
this authorization.
  S 18. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed to transfer, at the request of the director of the budget,
up to $300 million from any non-general fund or account, or  combination
of  funds  and  accounts, to the general fund for the purpose of consol-
idating technology procurement and  services.  The  amounts  transferred
pursuant to this authorization shall be equal to or less than the amount
of  such  monies  intended to support information technology costs which
are attributable, according to a plan, to such account made in pursuance
to an appropriation by law. Transfers  to  the  general  fund  shall  be
completed from amounts collected by non-general funds or accounts pursu-
ant  to  a fund deposit schedule. Transfers from funds that would result
in the loss of eligibility for federal benefits or federal funds  pursu-
ant to federal law, rule, or regulation as assented to in chapter 683 of
the  laws  of 1938 and chapter 700 of the laws of 1951 are not permitted
pursuant to this authorization.
  S 19. Notwithstanding any provision of law to the contrary, as  deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized and directed to (i) make a contribution to the
state  treasury  to  the  credit  of  the  general fund, or as otherwise
directed in writing by the director of the budget, in an amount of up to
$90,000,000 for the state fiscal year  commencing  April  1,  2014,  the
proceeds of which will be utilized to support energy-related initiatives
of  the state or for economic development purposes, and (ii) transfer up
to $25,000,000 of any such contribution by June 30, 2014 and the remain-
der of any such contribution by March 31, 2015.
  S 20. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
amended  by  section 20 of part HH of chapter 57 of the laws of 2013, is
amended to read as follows:
  5. Notwithstanding the provisions of section one hundred seventy-one-a
of the tax law, as separately amended by chapters four  hundred  eighty-
one  and four hundred eighty-four of the laws of nineteen hundred eight-
y-one, and notwithstanding the provisions of chapter ninety-four of  the
laws  of  two  thousand  eleven,  or  any other provisions of law to the
contrary, during the fiscal year beginning  April  first,  two  thousand
[thirteen]  FOURTEEN,  the  state  comptroller  is hereby authorized and
directed to deposit to the fund created pursuant to  this  section  from
amounts  collected  pursuant  to  article  twenty-two of the tax law and
pursuant to a schedule submitted by the director of the  budget,  up  to

S. 6355                            67                            A. 8555

[$3,419,375,000] $3,429,375,000, as may be certified in such schedule as
necessary  to  meet the purposes of such fund for the fiscal year begin-
ning April first, two thousand [thirteen] FOURTEEN.
  S  21.  The  comptroller  is authorized and directed to deposit to the
general fund-state purposes account reimbursements from moneys appropri-
ated or reappropriated to the correctional facilities  capital  improve-
ment  fund  by  a  chapter  of the laws of 2014. Reimbursements shall be
available for spending from appropriations made  to  the  department  of
corrections and community supervision in the general fund-state purposes
accounts  by a chapter of the laws of 2014 for costs associated with the
administration and security of capital  projects  and  for  other  costs
which are attributable, according to a plan, to such capital projects.
  S  22. Subdivision 6 of section 4 of the state finance law, as amended
by section 18 of part U of chapter 59 of the laws of 2012, is amended to
read as follows:
  6. Notwithstanding any law to the contrary, at the  beginning  of  the
state  fiscal  year,  the  state  comptroller  is  hereby authorized and
directed to receive for deposit to  the  credit  of  a  fund  and/or  an
account  such  monies as are identified by the director of the budget as
having been intended for such deposit to support disbursements from such
fund and/or account made in pursuance of an  appropriation  by  law.  As
soon  as  practicable  upon enactment of the budget, the director of the
budget shall,  but  not  less  than  three  days  following  preliminary
submission  to the chairs of the senate finance committee and the assem-
bly ways and means committee, file with the state comptroller  an  iden-
tification  of specific monies to be so deposited. Any subsequent change
regarding the monies to be so deposited shall be filed by  the  director
of  the  budget,  as  soon  as practicable, but not less than three days
following preliminary submission to the chairs  of  the  senate  finance
committee and the assembly ways and means committee.
  All monies identified by the director of the budget to be deposited to
the  credit of a fund and/or account shall be consistent with the intent
of the budget for the then current state fiscal year as enacted  by  the
legislature.
  [The  provisions  of  this  subdivision  shall expire on March thirty-
first, two thousand fourteen.]
  S 23. Subdivision 4 of section 40 of the state finance law, as amended
by section 19 of part U of chapter 59 of the laws of 2012, is amended to
read as follows:
  4. Every appropriation made from a fund or account to a department  or
agency shall be available for the payment of prior years' liabilities in
such fund or account for fringe benefits, indirect costs, and telecommu-
nications  expenses  and  expenses  for  other centralized services fund
programs without limit. Every appropriation shall also be available  for
the  payment  of  prior  years'  liabilities  other than those indicated
above, but only to the extent of one-half of one percent  of  the  total
amount appropriated to a department or agency in such fund or account.
  [The  provisions  of this subdivision shall expire March thirty-first,
two thousand fourteen.]
  S 24. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary, the state comptroller is hereby authorized and directed to use
any  balance  remaining  in the mental health services fund debt service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to
the New York state medical  care  facilities  finance  agency,  and  the

S. 6355                            68                            A. 8555

facilities development corporation pursuant to chapter 83 of the laws of
1995  and  the  department  of  mental hygiene for the purpose of making
payments to the dormitory authority of the state of  New  York  for  the
amount  of  the  earnings  for the investment of monies deposited in the
mental health services fund that such agency determines will or may have
to be rebated to the federal government pursuant to  the  provisions  of
the  internal  revenue code of 1986, as amended, in order to enable such
agency to maintain the exemption from federal  income  taxation  on  the
interest paid to the holders of such agency's mental services facilities
improvement  revenue bonds.   Annually on or before each June 30th, such
agency shall certify to the state comptroller its determination  of  the
amounts  received  in the mental health services fund as a result of the
investment of monies deposited therein that  will  or  may  have  to  be
rebated  to  the  federal  government  pursuant to the provisions of the
internal revenue code of 1986, as amended.
  S 25. Section 68-b of the state finance law is amended by adding a new
subdivision 12 to read as follows:
  12. THE COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM  THE  AUTHOR-
IZED  ISSUERS  ANY PORTION OF BOND PROCEEDS PAID TO PROVIDE FUNDS FOR OR
REIMBURSE THE STATE  FOR  ITS  COSTS  ASSOCIATED  WITH  SUCH  AUTHORIZED
PURPOSES  AND TO CREDIT SUCH AMOUNTS TO THE CAPITAL PROJECTS FUND OR ANY
OTHER APPROPRIATE FUND.
  S 26. Section 69-n of the state finance law is amended by adding a new
subdivision 12 to read as follows:
  12. THE COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM  THE  AUTHOR-
IZED  ISSUERS  ANY PORTION OF BOND PROCEEDS PAID TO PROVIDE FUNDS FOR OR
REIMBURSE THE STATE  FOR  ITS  COSTS  ASSOCIATED  WITH  SUCH  AUTHORIZED
PURPOSES  AND TO CREDIT SUCH AMOUNTS TO THE CAPITAL PROJECTS FUND OR ANY
OTHER APPROPRIATE FUND.
  S 27. Paragraph (b) of subdivision  4  of  section  72  of  the  state
finance  law,  as  amended  by section 37 of part U of chapter 59 of the
laws of 2012, is amended to read as follows:
  (b) On or before the beginning of each quarter, the  director  of  the
budget  may  certify  to  the  state comptroller the estimated amount of
monies that shall be reserved in the general debt service fund  for  the
payment of debt service and related expenses payable by such fund during
each  month  of  the  state fiscal year, excluding payments due from the
revenue bond tax fund. Such certificate may be periodically updated,  as
necessary.  Notwithstanding  any  provision  of law to the contrary, the
state comptroller shall reserve in the general  debt  service  fund  the
amount  of  monies  identified  on such certificate as necessary for the
payment of debt service and related expenses during the current or  next
succeeding  quarter of the state fiscal year. Such monies reserved shall
not be available for  any  other  purpose.  Such  certificate  shall  be
reported  to  the  chairpersons  of the Senate Finance Committee and the
Assembly Ways and Means Committee. [The  provisions  of  this  paragraph
shall expire June thirtieth, two thousand fourteen.]
  S  28.  Section  47  of  section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development  corporation  act,  as
added  by  section  47  of part HH of chapter 57 of the laws of 2013, is
amended to read as follows:
  S 47.   1. Notwithstanding the provisions of  any  other  law  to  the
contrary, the dormitory authority and the corporation are hereby author-
ized  to  issue  bonds or notes in one or more series for the purpose of
funding project costs for the office of information technology services,
DEPARTMENT OF LAW, and other state costs associated  with  such  capital

S. 6355                            69                            A. 8555

projects.    The  aggregate  principal  amount of bonds authorized to be
issued pursuant to this section  shall  not  exceed  [eighty-seven]  ONE
HUNDRED  EIGHTY-TWO million [seven] FOUR hundred forty thousand dollars,
excluding  bonds  issued to fund one or more debt service reserve funds,
to pay costs of issuance of such bonds, and bonds  or  notes  issued  to
refund  or  otherwise  repay such bonds or notes previously issued. Such
bonds and notes of the dormitory authority and the corporation shall not
be a debt of the state, and the state shall not be liable  thereon,  nor
shall  they be payable out of any funds other than those appropriated by
the state to the dormitory authority and the corporation for  principal,
interest,  and  related expenses pursuant to a service contract and such
bonds and notes shall contain on the face thereof a  statement  to  such
effect. Except for purposes of complying with the internal revenue code,
any  interest  income  earned on bond proceeds shall only be used to pay
debt service on such bonds.
  2. Notwithstanding any other provision of  law  to  the  contrary,  in
order to assist the dormitory authority and the corporation in undertak-
ing  the financing for project costs for the office of information tech-
nology services, DEPARTMENT OF LAW, and  other  state  costs  associated
with such capital projects, the director of the budget is hereby author-
ized  to  enter  into  one  or more service contracts with the dormitory
authority and the corporation, none of which shall exceed  thirty  years
in duration, upon such terms and conditions as the director of the budg-
et and the dormitory authority and the corporation agree, so as to annu-
ally  provide  to  the  dormitory  authority and the corporation, in the
aggregate, a sum not to exceed  the  principal,  interest,  and  related
expenses required for such bonds and notes. Any service contract entered
into  pursuant  to this section shall provide that the obligation of the
state to pay the amount therein provided shall not constitute a debt  of
the  state  within  the  meaning  of  any  constitutional  or  statutory
provision and shall be deemed executory only to  the  extent  of  monies
available  and  that  no liability shall be incurred by the state beyond
the monies available for such purpose, subject to  annual  appropriation
by the legislature. Any such contract or any payments made or to be made
thereunder  may  be  assigned and pledged by the dormitory authority and
the corporation as security for its bonds and notes,  as  authorized  by
this section.
  S 29. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of  1997,  relating  to  the  financing  of  the correctional facilities
improvement fund and the youth facility improvement fund, as amended  by
section  49  of part HH of chapter 57 of the laws of 2013, is amended to
read as follows:
  1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby  authorized  to  issue  bonds,  notes and other obligations in an
aggregate principal amount not  to  exceed  seven  billion  one  hundred
[thirty-three]   FORTY-EIGHT   million   sixty-nine   thousand   dollars
[$7,133,069,000] $7,148,069,000, and shall include all bonds, notes  and
other  obligations issued pursuant to chapter 56 of the laws of 1983, as
amended or supplemented. The proceeds of  such  bonds,  notes  or  other
obligations  shall be paid to the state, for deposit in the correctional
facilities capital improvement fund to pay for all or any portion of the
amount or amounts paid by the state from appropriations  or  reappropri-
ations  made  to the department of corrections and community supervision
from the correctional facilities capital improvement  fund  for  capital

S. 6355                            70                            A. 8555

projects.  The  aggregate  amount  of  bonds, notes or other obligations
authorized to be issued pursuant to this section  shall  exclude  bonds,
notes  or  other  obligations issued to refund or otherwise repay bonds,
notes  or  other  obligations  theretofore issued, the proceeds of which
were paid to the state for all or a portion of the amounts  expended  by
the state from appropriations or reappropriations made to the department
of  corrections  and community supervision; provided, however, that upon
any such refunding or repayment the total aggregate principal amount  of
outstanding  bonds, notes or other obligations may be greater than seven
billion one hundred [thirty-three] FORTY-EIGHT million sixty-nine  thou-
sand  dollars [$7,133,069,000] $7,148,069,000, only if the present value
of the aggregate debt service of the refunding or repayment bonds, notes
or other obligations to be issued shall not exceed the present value  of
the  aggregate  debt service of the bonds, notes or other obligations so
to be refunded or repaid. For the purposes hereof, the present value  of
the aggregate debt service of the refunding or repayment bonds, notes or
other  obligations and of the aggregate debt service of the bonds, notes
or other obligations so refunded  or  repaid,  shall  be  calculated  by
utilizing  the  effective  interest  rate  of the refunding or repayment
bonds, notes or other obligations, which shall be that rate  arrived  at
by  doubling  the  semi-annual  interest rate (compounded semi-annually)
necessary to discount the debt service  payments  on  the  refunding  or
repayment bonds, notes or other obligations from the payment dates ther-
eof  to  the date of issue of the refunding or repayment bonds, notes or
other obligations and to  the  price  bid  including  estimated  accrued
interest  or  proceeds  received  by the corporation including estimated
accrued interest from the sale thereof.
  S 30. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
housing  finance  law, as amended by section 50 of part HH of chapter 57
of the laws of 2013, is amended to read as follows:
  (a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, in order to enhance and encourage  the  promotion  of  housing
programs  and thereby achieve the stated purposes and objectives of such
housing programs, the agency shall have the power and is hereby  author-
ized  from  time  to  time to issue negotiable housing program bonds and
notes in such principal amount as shall be necessary to  provide  suffi-
cient  funds  for the repayment of amounts disbursed (and not previously
reimbursed) pursuant to law or any prior year making  capital  appropri-
ations  or  reappropriations  for  the  purposes of the housing program;
provided, however, that the agency may issue such bonds and notes in  an
aggregate  principal  amount  not  exceeding  two billion [eight hundred
forty-four] NINE HUNDRED NINETY-NINE million [eight hundred] ninety-nine
thousand dollars, plus a principal amount of bonds issued  to  fund  the
debt  service  reserve  fund in accordance with the debt service reserve
fund requirement established  by  the  agency  and  to  fund  any  other
reserves  that the agency reasonably deems necessary for the security or
marketability of such bonds and to provide for the payment of  fees  and
other  charges  and  expenses, including underwriters' discount, trustee
and rating agency fees, bond insurance, credit enhancement and liquidity
enhancement related to the issuance of such bonds and notes. No  reserve
fund securing the housing program bonds shall be entitled or eligible to
receive  state  funds apportioned or appropriated to maintain or restore
such reserve fund at or to a particular level, except to the  extent  of
any  deficiency  resulting  directly or indirectly from a failure of the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.

S. 6355                            71                            A. 8555

  S 31. Subdivision (b) of section 11 of chapter  329  of  the  laws  of
1991,  amending  the  state  finance  law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 51 of part HH of chapter 57 of the laws of 2013,  is  amended
to read as follows:
  (b) Any service contract or contracts for projects authorized pursuant
to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
14-k of the transportation law, and entered into pursuant to subdivision
(a) of this section, shall provide  for  state  commitments  to  provide
annually  to  the  thruway  authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to  fund  OR  TO  REIMBURSE  THE
STATE  FOR  FUNDING  such  projects  having  a  cost  not  in  excess of
[$7,591,875,000] $8,080,728,000 cumulatively by the end of  fiscal  year
[2013-14] 2014-15.
  S  32.  Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 52 of part HH of chapter 57 of the laws  of  2013,
is amended to read as follows:
  1.  The  dormitory  authority  is  authorized  to  issue bonds, at the
request of the commissioner of education, to  finance  eligible  library
construction projects pursuant to section two hundred seventy-three-a of
the  education  law,  in  amounts  certified by such commissioner not to
exceed a total principal amount of  [one  hundred  twelve]  ONE  HUNDRED
TWENTY-SIX million dollars.
  S  33.  Subdivision  (a)  of section 27 of part Y of chapter 61 of the
laws of 2005, providing for the  administration  of  certain  funds  and
accounts  related  to  the 2005-2006 budget, as amended by section 53 of
part HH of chapter 57 of the  laws  of  2013,  is  amended  to  read  as
follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, the urban  devel-
opment  corporation  is hereby authorized to issue bonds or notes in one
or  more  series  in  an  aggregate  principal  amount  not  to   exceed
[$133,600,000]  $149,600,000,  excluding  bonds issued to finance one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and bonds or notes issued to refund or otherwise  repay  such  bonds  or
notes  previously  issued, for the purpose of financing capital projects
INCLUDING IT INITIATIVES for the division of state police, debt  service
and  leases;  and  to reimburse the state general fund for disbursements
made therefor. Such bonds and notes of such authorized issuer shall  not
be  a  debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated  by
the  state  to  such  authorized  issuer  for  debt  service and related
expenses pursuant to any service contract executed pursuant to  subdivi-
sion  (b)  of this section and such bonds and notes shall contain on the
face thereof a statement to such effect. Except for purposes of  comply-
ing  with  the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
  S 34. Section 44 of section 1 of chapter 174  of  the  laws  of  1968,
constituting  the  New  York state urban development corporation act, as
amended by section 54 of part HH of chapter 57 of the laws of  2013,  is
amended to read as follows:
  S  44.  Issuance  of  certain  bonds  or notes. 1. Notwithstanding the
provisions of any other law to the contrary, the dormitory authority and
the corporation are hereby authorized to issue bonds or notes in one  or

S. 6355                            72                            A. 8555

more  series  for  the purpose of funding project costs for the regional
economic development council  initiative,  the  economic  transformation
program,  state university of New York college for nanoscale and science
engineering,  projects  within  the city of Buffalo or surrounding envi-
rons, the New York works economic development  fund,  projects  for  the
retention of professional football in western New York, the empire state
economic  [devlopment]  DEVELOPMENT  fund, THE CLARKSON-TRUDEAU PARTNER-
SHIP, THE NEW YORK GENOME CENTER,  THE  CORNELL  UNIVERSITY  COLLEGE  OF
VETERINARY  MEDICINE,  THE  OLYMPIC  REGIONAL  DEVELOPMENT  AUTHORITY, A
PROJECT AT NANO UTICA,  ONONDAGA  COUNTY  REVITALIZATION  PROJECTS,  and
other state costs associated with such projects. The aggregate principal
amount  of  bonds authorized to be issued pursuant to this section shall
not exceed [one] TWO billion [three]  ONE  HUNDRED  NINETY-FIVE  million
[six]  TWO hundred [seven] FIFTY-SEVEN thousand dollars, excluding bonds
issued to fund one or more debt service reserve funds, to pay  costs  of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued. Such bonds and notes of the
dormitory  authority  and  the  corporation  shall  not be a debt of the
state, and the state shall not be liable  thereon,  nor  shall  they  be
payable  out  of any funds other than those appropriated by the state to
the dormitory authority and the corporation for principal, interest, and
related expenses pursuant to a service contract and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes of complying with  the  internal  revenue  code,  any  interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  2.  Notwithstanding  any  other  provision  of law to the contrary, in
order to assist the dormitory authority and the corporation in undertak-
ing the financing for project costs for the regional  economic  develop-
ment  council  initiative,  the  economic  transformation program, state
university of New York college for nanoscale  and  science  engineering,
projects  within  the  city  of Buffalo or surrounding environs, the New
York works economic development fund,  projects  for  the  retention  of
professional  football  in  western  New York, the empire state economic
development fund, THE CLARKSON-TRUDEAU PARTNERSHIP, THE NEW YORK  GENOME
CENTER, THE CORNELL UNIVERSITY COLLEGE OF VETERINARY MEDICINE, THE OLYM-
PIC  REGIONAL  DEVELOPMENT  AUTHORITY, A PROJECT AT NANO UTICA, ONONDAGA
COUNTY REVITALIZATION PROJECTS, and other state  costs  associated  with
such  projects, the director of the budget is hereby authorized to enter
into one or more service contracts with the dormitory authority and  the
corporation,  none  of which shall exceed thirty years in duration, upon
such terms and conditions as the director of the budget and the dormito-
ry authority and the corporation agree, so as to annually provide to the
dormitory authority and the corporation, in the aggregate, a sum not  to
exceed  the  principal, interest, and related expenses required for such
bonds and notes. Any service contract  entered  into  pursuant  to  this
section shall provide that the obligation of the state to pay the amount
therein  provided  shall  not  constitute a debt of the state within the
meaning of any constitutional or statutory provision and shall be deemed
executory only to the extent of monies available and that  no  liability
shall  be  incurred  by  the  state beyond the monies available for such
purpose, subject to annual appropriation by the  legislature.  Any  such
contract  or  any payments made or to be made thereunder may be assigned
and pledged by the dormitory authority and the corporation  as  security
for its bonds and notes, as authorized by this section.

S. 6355                            73                            A. 8555

  S  35.  Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 55 of part HH of chapter 57 of the laws  of  2013,
is amended to read as follows:
  3.  The  maximum amount of bonds that may be issued for the purpose of
financing  environmental  infrastructure  projects  authorized  by  this
section   shall   be   one  billion  [two]  THREE  hundred  [sixty-five]
NINETY-EIGHT million [seven] TWO hundred sixty thousand dollars,  exclu-
sive  of  bonds issued to fund any debt service reserve funds, pay costs
of issuance of such bonds, and bonds or notes issued to refund or other-
wise repay bonds or notes previously issued. Such bonds and notes of the
corporation shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any  funds  other  than
those  appropriated by the state to the corporation for debt service and
related expenses pursuant to any service contracts executed pursuant  to
subdivision  one of this section, and such bonds and notes shall contain
on the face thereof a statement to such effect.
  S 36. Section 93-a of the state finance law, as added by section 64 of
part HH of chapter 57 of the  laws  of  2013,  is  amended  to  read  as
follows:
  S  93-a.  New  York state storm recovery capital fund. 1. (a) There is
hereby established in the joint  custody  of  the  comptroller  and  the
commissioner  of  taxation and finance a special fund to be known as the
"New York state storm recovery capital fund".
  (b) The sources of funds shall consist of all moneys collected  there-
for,  or  moneys  credited, appropriated or transferred thereto from any
other fund or source pursuant to law, or any other moneys made available
for the purposes of the fund. [Any interest received by the  comptroller
on moneys on deposit shall be retained in and become a part of the fund,
unless otherwise directed by law.]
  2.  Following  appropriation  by  the legislature, moneys in the storm
recovery capital fund shall be available [to finance]  FOR  the  repair,
rehabilitation,  or  replacement of capital works or purposes damaged by
Hurricane Sandy or any future natural disaster expected to  be  eligible
for reimbursement by the Federal Emergency Management Agency (FEMA), the
Federal Transit Administration (FTA), the Federal Highway Administration
(FHWA)  [and] AND/OR any other Federal reimbursement source. No money in
this account may be expended for any project [until] UNLESS the director
of the budget OR HIS OR HER DESIGNEE has  determined  that  there  is  a
substantial  likelihood  that  the costs of such project shall be [reim-
bursed] ELIGIBLE FOR REIMBURSEMENT by  Federal  sources.  [The  director
shall  issue  formal rules that set forth the process by which he or she
will determine whether there is a substantial likelihood  of  reimburse-
ment by Federal sources.]
  S  37.  Subdivision 1 of section 45 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban  development  corpo-
ration  act,  as  amended  by section 65 of part HH of chapter 57 of the
laws of 2013, is amended to read as follows:
  1. Notwithstanding the provisions of any other law  to  the  contrary,
the  urban  development  corporation  of the state of New York is hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs for the implementation of a NY-SUNY and NY-CUNY
2020 challenge grant program subject to the approval of  a  NY-SUNY  and
NY-CUNY  2020 plan or plans by the governor and either the chancellor of
the state university of New York or the chancellor of the city universi-
ty of New York, as applicable. The aggregate principal amount  of  bonds
authorized  to  be  issued  pursuant  to  this  section shall not exceed

S. 6355                            74                            A. 8555

[$220,000,000] $330,000,000, excluding bonds issued to fund one or  more
debt  service reserve funds, to pay costs of issuance of such bonds, and
bonds or notes issued to refund or otherwise repay such bonds  or  notes
previously  issued. Such bonds and notes of the corporation shall not be
a debt of the state, and the state shall  not  be  liable  thereon,  nor
shall  they be payable out of any funds other than those appropriated by
the state to  the  corporation  for  principal,  interest,  and  related
expenses  pursuant  to a service contract and such bonds and notes shall
contain on the face thereof a  statement  to  such  effect.  Except  for
purposes  of  complying  with  the  internal  revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  S 38. Subdivision (a) of section 48 of part K of  chapter  81  of  the
laws  of  2002,  providing  for  the administration of certain funds and
accounts related to the 2002-2003 budget, as amended by  section  68  of
part  HH  of  chapter  57  of  the  laws  of 2013, is amended to read as
follows:
  (a) Subject to the provisions of chapter 59 of the laws  of  2000  but
notwithstanding  the  provisions  of section 18 of the urban development
corporation act, the corporation is hereby authorized to issue bonds  or
notes  in  one  or  more  series in an aggregate principal amount not to
exceed [$67,000,000] $204,000,000 excluding bonds issued to fund one  or
more debt service reserve funds, to pay costs of issuance of such bonds,
and  bonds  or  notes  issued to refund or otherwise repay such bonds or
notes previously issued, for the  purpose  of  financing  capital  costs
related to homeland security and training facilities for the division of
state  police, the division of military and naval affairs, and any other
state agency, including the reimbursement of any disbursements made from
the state capital projects fund, and is hereby authorized to issue bonds
or notes in one or more series in an aggregate principal amount  not  to
exceed  [$220,800,000]  $317,800,000, excluding bonds issued to fund one
or more debt service reserve funds, to pay costs  of  issuance  of  such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued, for the purpose of financing improvements to
State office buildings and other facilities located statewide, including
the  reimbursement  of  any  disbursements  made  from the state capital
projects fund. Such bonds and notes of the corporation shall  not  be  a
debt  of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those  appropriated  by  the
state  to the corporation for debt service and related expenses pursuant
to any service contracts executed pursuant to subdivision  (b)  of  this
section,  and  such  bonds and notes shall contain on the face thereof a
statement to such effect.
  S 39. Subdivision 1 of section 386-b of the public authorities law, as
amended by section 69 of part HH of chapter 57 of the laws of  2013,  is
amended to read as follows:
  1.  Notwithstanding  any  other  provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series  for
the  purpose  of  financing  peace  bridge projects and capital costs of
state and local highways, parkways, bridges, the New York state thruway,
Indian reservation roads, and facilities, and transportation infrastruc-
ture  projects  including  aviation  projects,  non-MTA   mass   transit
projects,  and rail service preservation projects, including work appur-
tenant and ancillary thereto. The aggregate principal  amount  of  bonds
authorized  to be issued pursuant to this section shall not exceed [two]

S. 6355                            75                            A. 8555

FOUR  hundred  [forty]  SIXTY-FIVE  million   dollars   [($240,000,000)]
($465,000,000),  excluding bonds issued to fund one or more debt service
reserve funds, to pay costs of issuance of such bonds, and to refund  or
otherwise  repay  such  bonds or notes previously issued. Such bonds and
notes of the authority, the dormitory authority and the  urban  develop-
ment  corporation  shall not be a debt of the state, and the state shall
not be liable thereon, nor shall they be payable out of any funds  other
than  those  appropriated  by  the state to the authority, the dormitory
authority and the urban development corporation for principal, interest,
and related expenses pursuant to a service contract and such  bonds  and
notes  shall  contain  on  the  face thereof a statement to such effect.
Except for purposes of complying with the  internal  revenue  code,  any
interest  income  earned on bond proceeds shall only be used to pay debt
service on such bonds.
  S 40. Paragraph (c) of subdivision 19 of section 1680  of  the  public
authorities  law, as amended by section 69-a of part HH of chapter 57 of
the laws of 2013, is amended to read as follows:
  (c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the dormitory authority shall not issue any  bonds  for  state
university  educational  facilities  purposes if the principal amount of
bonds to be issued when added to the aggregate principal amount of bonds
issued by the dormitory authority on  and  after  July  first,  nineteen
hundred  eighty-eight  for  state university educational facilities will
exceed ten billion [four] NINE hundred [twenty-two]  THIRTY-TWO  million
dollars;  provided,  however, that bonds issued or to be issued shall be
excluded from such limitation if: (1) such bonds are  issued  to  refund
state  university  construction  bonds and state university construction
notes previously issued by the housing finance agency; or (2) such bonds
are issued to refund bonds of the authority or other obligations  issued
for  state  university  educational  facilities purposes and the present
value of the aggregate debt service on  the  refunding  bonds  does  not
exceed  the  present  value  of  the aggregate debt service on the bonds
refunded thereby; provided,  further  that  upon  certification  by  the
director  of  the  budget  that the issuance of refunding bonds or other
obligations issued between April first, nineteen hundred ninety-two  and
March  thirty-first,  nineteen  hundred  ninety-three will generate long
term economic benefits to the state, as  assessed  on  a  present  value
basis,  such  issuance will be deemed to have met the present value test
noted above. For purposes of this subdivision, the present value of  the
aggregate  debt  service  of  the refunding bonds and the aggregate debt
service of the bonds refunded, shall be calculated by utilizing the true
interest cost of the refunding bonds, which shall be that  rate  arrived
at  by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the  refunding  bonds
from  the  payment  dates  thereof to the date of issue of the refunding
bonds to the purchase price of the refunding bonds,  including  interest
accrued  thereon  prior  to  the  issuance thereof. The maturity of such
bonds, other than bonds issued to refund outstanding  bonds,  shall  not
exceed  the  weighted  average  economic life, as certified by the state
university construction fund, of the facilities in connection with which
the bonds are issued, and in any case not  later  than  the  earlier  of
thirty  years  or  the  expiration of the term of any lease, sublease or
other agreement relating  thereto;  provided  that  no  note,  including
renewals  thereof,  shall mature later than five years after the date of
issuance of such note. The legislature reserves the right  to  amend  or
repeal  such  limit, and the state of New York, the dormitory authority,

S. 6355                            76                            A. 8555

the state university of New York, and the state university  construction
fund are prohibited from covenanting or making any other agreements with
or  for  the  benefit  of bondholders which might in any way affect such
right.
  S  41.  Paragraph  (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 67 of part HH of  chapter  57  of
the laws of 2013, is amended to read as follows:
  (c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand,  (i)  the  dormitory  authority  shall not deliver a series of
bonds for city university community college facilities, except to refund
or to be substituted for or in lieu of other bonds in relation  to  city
university  community college facilities pursuant to a resolution of the
dormitory authority adopted before July first, nineteen hundred  eighty-
five  or any resolution supplemental thereto, if the principal amount of
bonds so to be issued when added  to  all  principal  amounts  of  bonds
previously  issued by the dormitory authority for city university commu-
nity college facilities, except to refund or to be substituted  in  lieu
of  other bonds in relation to city university community college facili-
ties will exceed the sum of four hundred twenty-five million dollars and
(ii) the dormitory authority shall not deliver a series of bonds  issued
for  city university facilities, including community college facilities,
pursuant to a resolution of the dormitory authority adopted on or  after
July  first,  nineteen  hundred  eighty-five,  except to refund or to be
substituted for or in lieu of other bonds in relation to city university
facilities and except for bonds issued pursuant to a resolution  supple-
mental  to a resolution of the dormitory authority adopted prior to July
first, nineteen hundred eighty-five, if the principal amount of bonds so
to be issued when added to the  principal  amount  of  bonds  previously
issued pursuant to any such resolution, except bonds issued to refund or
to  be  substituted  for  or  in lieu of other bonds in relation to city
university facilities, will  exceed  [six]  SEVEN  billion  [eight]  ONE
hundred   [fifty-three]   TWENTY-SIX   million   [two]   EIGHT   hundred
TWENTY-EIGHT thousand dollars.  The legislature reserves  the  right  to
amend  or  repeal  such  limit, and the state of New York, the dormitory
authority, the city university, and the fund are prohibited from  coven-
anting  or  making any other agreements with or for the benefit of bond-
holders which might in any way affect such right.
  S 42. Subdivision 10-a of section 1680 of the public authorities  law,
as  amended  by section 66 of part HH of chapter 57 of the laws of 2013,
is amended to read as follows:
  10-a. Subject to the provisions of chapter fifty-nine of the  laws  of
two  thousand, but notwithstanding any other provision of the law to the
contrary, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two, on behalf of the state, in  relation  to
any  locally  sponsored  community college, shall be six hundred [sixty-
three] NINETY-FIVE million ONE  HUNDRED  TWENTY-NINE  THOUSAND  dollars.
Such  amount  shall  be  exclusive of bonds and notes issued to fund any
reserve fund or funds, costs of issuance and to refund  any  outstanding
bonds  and  notes,  issued on behalf of the state, relating to a locally
sponsored community college.
  S 43. The public authorities law is amended by adding  a  new  section
1680-r to read as follows:
  S  1680-R.    AUTHORIZATION  FOR THE ISSUANCE OF BONDS FOR THE CAPITAL
RESTRUCTURING FINANCING PROGRAM. 1. NOTWITHSTANDING  THE  PROVISIONS  OF
ANY  OTHER  LAW  TO  THE CONTRARY, THE DORMITORY AUTHORITY AND THE URBAN
DEVELOPMENT CORPORATION ARE HEREBY AUTHORIZED TO ISSUE BONDS OR NOTES IN

S. 6355                            77                            A. 8555

ONE OR MORE SERIES FOR THE PURPOSE OF  FUNDING  PROJECT  COSTS  FOR  THE
CAPITAL  RESTRUCTURING  FINANCING  PROGRAM  FOR  HEALTH CARE AND RELATED
FACILITIES LICENSED PURSUANT TO THE PUBLIC  HEALTH  LAW  OR  THE  MENTAL
HYGIENE LAW AND OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS.
THE AGGREGATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO BE ISSUED PURSUANT
TO  THIS  SECTION  SHALL  NOT  EXCEED  ONE  BILLION  TWO HUNDRED MILLION
DOLLARS, EXCLUDING BONDS ISSUED TO FUND ONE OR MORE DEBT SERVICE RESERVE
FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH BONDS, AND BONDS OR NOTES ISSUED
TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED. SUCH
BONDS AND NOTES OF THE DORMITORY AUTHORITY  AND  THE  URBAN  DEVELOPMENT
CORPORATION SHALL NOT BE A DEBT OF THE STATE, AND THE STATE SHALL NOT BE
LIABLE  THEREON,  NOR  SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN
THOSE APPROPRIATED BY THE STATE TO THE DORMITORY AUTHORITY AND THE URBAN
DEVELOPMENT CORPORATION FOR PRINCIPAL, INTEREST,  AND  RELATED  EXPENSES
PURSUANT TO A SERVICE CONTRACT AND SUCH BONDS AND NOTES SHALL CONTAIN ON
THE  FACE  THEREOF  A  STATEMENT  TO SUCH EFFECT. EXCEPT FOR PURPOSES OF
COMPLYING WITH THE INTERNAL REVENUE CODE, ANY INTEREST INCOME EARNED  ON
BOND PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS.
  2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, IN
ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
RATION IN UNDERTAKING THE FINANCING FOR PROJECT COSTS  FOR  THE  CAPITAL
RESTRUCTURING  FINANCING  PROGRAM FOR HEALTH CARE AND RELATED FACILITIES
LICENSED PURSUANT TO THE PUBLIC HEALTH LAW OR THE MENTAL HYGIENE LAW AND
OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS, THE DIRECTOR OF
THE BUDGET IS HEREBY AUTHORIZED  TO  ENTER  INTO  ONE  OR  MORE  SERVICE
CONTRACTS  WITH THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
RATION, NONE OF WHICH SHALL EXCEED THIRTY YEARS IN DURATION,  UPON  SUCH
TERMS  AND  CONDITIONS  AS  THE DIRECTOR OF THE BUDGET AND THE DORMITORY
AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION AGREE, SO AS TO ANNUALLY
PROVIDE TO THE DORMITORY AUTHORITY  AND  THE  URBAN  DEVELOPMENT  CORPO-
RATION,  IN  THE AGGREGATE, A SUM NOT TO EXCEED THE PRINCIPAL, INTEREST,
AND RELATED EXPENSES REQUIRED FOR SUCH  BONDS  AND  NOTES.  ANY  SERVICE
CONTRACT  ENTERED  INTO  PURSUANT TO THIS SECTION SHALL PROVIDE THAT THE
OBLIGATION OF THE STATE TO PAY THE AMOUNT  THEREIN  PROVIDED  SHALL  NOT
CONSTITUTE  A DEBT OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL
OR STATUTORY PROVISION AND SHALL BE DEEMED EXECUTORY ONLY TO THE  EXTENT
OF MONIES AVAILABLE AND THAT NO LIABILITY SHALL BE INCURRED BY THE STATE
BEYOND  THE  MONIES AVAILABLE FOR SUCH PURPOSE, SUBJECT TO ANNUAL APPRO-
PRIATION BY THE LEGISLATURE. ANY SUCH CONTRACT OR ANY PAYMENTS  MADE  OR
TO  BE  MADE  THEREUNDER  MAY  BE  ASSIGNED AND PLEDGED BY THE DORMITORY
AUTHORITY AND THE URBAN DEVELOPMENT  CORPORATION  AS  SECURITY  FOR  ITS
BONDS AND NOTES, AS AUTHORIZED BY THIS SECTION.
  S 44. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of  1997,  providing  for  the  financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended  by
section  43  of part BB of chapter 58 of the laws of 2011, is amended to
read as follows:
  1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby  authorized  to  issue  bonds,  notes and other obligations in an
aggregate principal amount not  to  exceed  four  hundred  [twenty-nine]
SIXTY-FIVE  million  [five]  THREE hundred [fifteen] SIXTY-FIVE thousand
dollars [($429,515,000)] ($465,365,000), which  authorization  increases
the  aggregate  principal  amount  of bonds, notes and other obligations
authorized by section 40 of chapter 309 of the laws of 1996,  and  shall

S. 6355                            78                            A. 8555

include  all bonds, notes and other obligations issued pursuant to chap-
ter 211 of the laws of 1990, as amended or supplemented. The proceeds of
such bonds, notes or other obligations shall be paid to the  state,  for
deposit  in the youth facilities improvement fund, to pay for all or any
portion of the amount or amounts paid by the state  from  appropriations
or  reappropriations  made to the office of children and family services
from the youth facilities improvement fund  for  capital  projects.  The
aggregate  amount of bonds, notes and other obligations authorized to be
issued pursuant to this section shall  exclude  bonds,  notes  or  other
obligations  issued  to  refund or otherwise repay bonds, notes or other
obligations theretofore issued, the proceeds of which were paid  to  the
state  for  all  or  a portion of the amounts expended by the state from
appropriations or reappropriations made to the office  of  children  and
family  services;  provided,  however,  that  upon any such refunding or
repayment the total aggregate principal  amount  of  outstanding  bonds,
notes  or  other  obligations  may be greater than four hundred [twenty-
nine] SIXTY-FIVE million [five] THREE hundred [fifteen] SIXTY-FIVE thou-
sand dollars [$429,515,000] ($465,365,000), only if the present value of
the aggregate debt service of the refunding or repayment bonds, notes or
other obligations to be issued shall not exceed the present value of the
aggregate debt service of the bonds, notes or other obligations so to be
refunded or repaid. For the purposes hereof, the present  value  of  the
aggregate  debt  service  of  the refunding or repayment bonds, notes or
other obligations and of the aggregate debt service of the bonds,  notes
or  other  obligations  so  refunded  or  repaid, shall be calculated by
utilizing the effective interest rate  of  the  refunding  or  repayment
bonds,  notes  or other obligations, which shall be that rate arrived at
by doubling the semi-annual  interest  rate  (compounded  semi-annually)
necessary  to  discount  the  debt  service payments on the refunding or
repayment bonds, notes or other obligations from the payment dates ther-
eof to the date of issue of the refunding or repayment bonds,  notes  or
other  obligations  and  to  the  price  bid including estimated accrued
interest or proceeds received by  the  corporation  including  estimated
accrued interest from the sale thereof.
  S  45.  Subdivision 3 of section 1285-q of the public authorities law,
as added by section 6 of part I of chapter 1 of the  laws  of  2003,  is
amended to read follows:
  3.  The  maximum amount of bonds that may be issued for the purpose of
financing hazardous waste site remediation  projects  AND  ENVIRONMENTAL
RESTORATION  PROJECTS  authorized  by  this section shall not exceed one
billion [two] THREE hundred million dollars and  shall  not  exceed  one
hundred  twenty million dollars for appropriations enacted for any state
fiscal year, provided that the bonds not issued for such  appropriations
may  be  issued  pursuant to reappropriation in subsequent fiscal years.
[No bonds shall be issued for the repayment  of  any  new  appropriation
enacted  after  March  thirty-first, two thousand thirteen for hazardous
waste site remediation projects authorized  by  this  section.]  Amounts
authorized  to  be  issued  by  this section shall be exclusive of bonds
issued to fund any debt service reserve funds, pay costs of issuance  of
such bonds, and bonds or notes issued to refund or otherwise repay bonds
or  notes  previously  issued.  Such  bonds and notes of the corporation
shall not be a debt of the state, and the  state  shall  not  be  liable
thereon,  nor  shall  they  be payable out of any funds other than those
appropriated by this state to  the  corporation  for  debt  service  and
related  expenses pursuant to any service contracts executed pursuant to

S. 6355                            79                            A. 8555

subdivision one of this section, and such bonds and notes shall  contain
on the face thereof a statement to such effect.
  S  46.  Paragraph  b  of  subdivision 2 of section 9-a of section 1 of
chapter 392 of the laws of 1973, constituting the New York state medical
care facilities finance agency act, as amended by section 49-c  of  part
PP of chapter 56 of the laws of 2009, is amended to read as follows:
  b.  The  agency shall have power and is hereby authorized from time to
time to issue negotiable bonds and notes in conformity  with  applicable
provisions  of  the uniform commercial code in such principal amount as,
in the opinion of the agency, shall  be  necessary,  after  taking  into
account  other moneys which may be available for the purpose, to provide
sufficient funds to  the  facilities  development  corporation,  or  any
successor agency, for the financing or refinancing of or for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of  mental  health  services  facilities pursuant to paragraph a of this
subdivision, the payment of interest on mental health services  improve-
ment  bonds and mental health services improvement notes issued for such
purposes, the establishment of reserves to secure such bonds and  notes,
the  cost  or  premium  of  bond insurance or the costs of any financial
mechanisms which may be used to reduce the debt service  that  would  be
payable  by the agency on its mental health services facilities improve-
ment bonds and notes and all other expenditures of the  agency  incident
to  and  necessary or convenient to providing the facilities development
corporation, or any successor agency, with funds for  the  financing  or
refinancing of or for any such design, construction, acquisition, recon-
struction, rehabilitation or improvement and for the refunding of mental
hygiene improvement bonds issued pursuant to section 47-b of the private
housing  finance law; provided, however, that the agency shall not issue
mental health services facilities improvement bonds  and  mental  health
services  facilities  improvement notes in an aggregate principal amount
exceeding seven billion [three]  FOUR  hundred  [sixty-six]  THIRTY-FIVE
million  [six]  EIGHT hundred FIFTEEN thousand dollars, excluding mental
health services facilities improvement bonds and mental health  services
facilities  improvement notes issued to refund outstanding mental health
services facilities improvement bonds and mental health services facili-
ties improvement notes; provided, however, that upon any such  refunding
or  repayment  of  mental  health  services facilities improvement bonds
and/or mental health services facilities  improvement  notes  the  total
aggregate principal amount of outstanding mental health services facili-
ties  improvement  bonds  and mental health facilities improvement notes
may be greater than seven billion [three] FOUR hundred [sixty-six] THIR-
TY-FIVE million [six] EIGHT hundred FIFTEEN thousand  dollars  only  if,
except  as  hereinafter  provided with respect to mental health services
facilities bonds and mental health services facilities notes  issued  to
refund mental hygiene improvement bonds authorized to be issued pursuant
to  the  provisions  of section 47-b of the private housing finance law,
the present value of the aggregate debt  service  of  the  refunding  or
repayment  bonds  to be issued shall not exceed the present value of the
aggregate debt service of the  bonds  to  be  refunded  or  repaid.  For
purposes hereof, the present values of the aggregate debt service of the
refunding  or  repayment  bonds,  notes  or other obligations and of the
aggregate debt service of the  bonds,  notes  or  other  obligations  so
refunded  or  repaid,  shall  be  calculated  by utilizing the effective
interest rate of the refunding or repayment bonds, notes or other  obli-
gations, which shall be that rate arrived at by doubling the semi-annual
interest  rate (compounded semi-annually) necessary to discount the debt

S. 6355                            80                            A. 8555

service payments on the refunding or repayment  bonds,  notes  or  other
obligations  from  the payment dates thereof to the date of issue of the
refunding or repayment bonds, notes or  other  obligations  and  to  the
price  bid  including estimated accrued interest or proceeds received by
the authority including estimated accrued interest from the sale  there-
of.  Such  bonds,  other  than bonds issued to refund outstanding bonds,
shall be scheduled to mature over a  term  not  to  exceed  the  average
useful  life, as certified by the facilities development corporation, of
the projects for which the bonds are issued, and in any case  shall  not
exceed  thirty  years  and the maximum maturity of notes or any renewals
thereof shall not exceed five years from the date of the original  issue
of such notes. Notwithstanding the provisions of this section, the agen-
cy  shall have the power and is hereby authorized to issue mental health
services facilities improvement  bonds  and/or  mental  health  services
facilities  improvement  notes  to  refund  outstanding  mental  hygiene
improvement bonds authorized to be issued pursuant to the provisions  of
section  47-b of the private housing finance law and the amount of bonds
issued or outstanding for  such  purposes  shall  not  be  included  for
purposes  of  determining  the  amount  of bonds issued pursuant to this
section. The director of the budget shall allocate the aggregate princi-
pal authorized to be issued by the agency among  the  office  of  mental
health, office [of mental retardation and] FOR PEOPLE WITH developmental
disabilities, and the office of alcoholism and substance abuse services,
in  consultation with their respective commissioners to finance bondable
appropriations previously approved by the legislature.
  S 47. This act shall take effect immediately and shall  be  deemed  to
have  been in full force and effect on and after April 1, 2014; provided
that sections one through nine, and sections thirteen  through  nineteen
of  this  act  shall  expire  March  31,  2015, when upon such date, the
provisions of such sections shall be deemed repealed.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through I of this act shall  be
as specifically set forth in the last section of such Parts.

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

    S. 6355--A                                            A. 8555--A

                      S E N A T E - A S S E M B L Y

                            January 21, 2014
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when  printed to be committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
  article  seven  of  the  Constitution -- read once and referred to the
  Committee on Ways and Means --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT to amend the vehicle and traffic law, in relation to the revoca-
  tion of driver's licenses for multiple convictions  of  driving  while
  intoxicated, civil penalties, and aggravated unlicensed operation of a
  motor  vehicle;  and to repeal certain provisions of such law relating
  thereto (Part A); to amend the vehicle and traffic law, in relation to
  the  suspension  and  revocation  of  certain  driver's  licenses  for
  violations relating to the use of mobile telephones and portable elec-
  tronic  devices  while driving and increased fines for such violations
  (Part B); to amend chapter 503 of the laws of 2009,  relating  to  the
  disposition  of  monies  recovered by county district attorneys before
  the filing of an accusatory instrument, in relation to the  effective-
  ness thereof (Part C); to amend the tax law, in relation to suspending
  the transfer of monies into the emergency services revolving loan fund
  from  the  public safety communications account (Part D); to amend the
  civil service law, in relation to the reimbursement of medicare premi-
  um charges (Part E); to amend the civil service law, the  state  tech-
  nology  law, the general municipal law and the public officers law, in
  relation to supporting the consolidation of state information technol-
  ogy resources (Part F); to amend chapter 410  of  the  laws  of  2009,
  amending  the  state finance law relating to authorizing the aggregate
  purchases of energy for state agencies,  institutions,  local  govern-
  ments,  public authorities and public benefit corporations and chapter
  97 of the laws of 2011, amending the state finance law and other  laws
  relating  to providing certain centralized service to political subdi-
  visions and extending the authority of  the  commissioner  of  general
  services to aggregate purchases of energy for state agencies and poli-
  tical  subdivisions, in relation to extending the expiration dates for

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD12670-02-4

S. 6355--A                          2                         A. 8555--A

  the provision of certain centralized services and purchasing  authori-
  zations  (Part G); to amend the criminal procedure law, in relation to
  the prosecution of misconduct by public servants, and in  relation  to
  including corrupting the government within the definition of a  desig-
  nated offense; to amend the penal law, in relation to establishing the
  crime  of  corrupting the government, requires the intent to influence
  within the crime of bribery, and expands the crime of bribe receiving;
  to amend the legislative law, in relation to lobbying;  to  amend  the
  state finance law, in relation to cancellation and disqualification of
  certain  contracts;  to  amend  the  civil  practice law and rules, in
  relation to including the crime of public corruption within  the  term
  of  preconviction  forfeiture crime; to amend the public officers law,
  in relation to persons deemed incapable of holding a civil office;  to
  amend  the  real  property  tax  law, in relation to certain exemption
  limitations; to amend the general municipal law, in relation to  limi-
  tations  on empire zone designation; to amend the tax law, in relation
  to certain tax credit limitations; to amend the public  officers  law,
  in  relation  to  financial disclosure and to repeal section 195.20 of
  the penal law relating to defrauding the government  (Subpart  A);  to
  amend  the  election  law, in relation to the state board of elections
  chief enforcement counsel; and to amend the criminal procedure law, in
  relation to the chief  enforcement  counsel  of  the  state  board  of
  elections  (Subpart  B);  to  amend  the  election law, in relation to
  campaign finance reform  and  in  relation  to  campaign  contribution
  limits  and  penalties  for  violations  (Subpart C); and to amend the
  election law, in relation to campaign receipts  and  expenditures;  to
  amend  the election law, in relation to contribution and receipt limi-
  tations; to amend the election law, in relation to  public  financing;
  to  amend  the  state  finance  law, in relation to the New York state
  campaign finance fund; and to amend the tax law, in  relation  to  the
  New  York  state campaign finance fund check-off (Subpart D) (Part H);
  and to provide for the administration of certain  funds  and  accounts
  related to the 2014-15 budget, authorizing certain payments and trans-
  fers; to amend the state finance law, in relation to school tax relief
  fund;  to amend the state finance law, in relation to payments, trans-
  fers and deposits; to amend the state finance law, in relation to  the
  period  for  which  appropriations  can  be  made; to transfer certain
  employees of the division of military and naval affairs to the  office
  of  general  services;  to amend the state finance law, in relation to
  the issuance of bonds and notes; to amend the state  finance  law,  in
  relation to the general fund; to amend the New York state urban devel-
  opment  corporation  act,  in  relation  to  funding project costs for
  certain capital projects; to amend chapter 389 of the  laws  of  1997,
  relating  to  the financing of the correctional facilities improvement
  fund and the youth facility improvement fund, in relation to the issu-
  ance of bonds; to amend the private housing finance law,  in  relation
  to  housing  program bonds and notes; to amend chapter 329 of the laws
  of 1991, amending the state finance law and other laws relating to the
  establishment of the dedicated  highway  and  bridge  trust  fund,  in
  relation  to  the  issuance  of bonds; to amend the public authorities
  law, in relation to the dormitory authority; to amend  chapter  61  of
  the  laws  of  2005, providing for the administration of certain funds
  and accounts related to the 2005-2006 budget, in relation to  issuance
  of  bonds  by the urban development corporation; to amend the New York
  state urban development corporation act, in relation to the  Clarkson-
  trudeau partnership, the New York genome center, the Cornell Universi-

S. 6355--A                          3                         A. 8555--A

  ty  college  of  veterinary medicine, the Olympic regional development
  authority, a project at nano  Utica,  Onondaga  county  revitalization
  projects;  to  amend  the  public  authorities law, in relation to the
  state  environmental  infrastructure  projects;  to  amend  the  state
  finance law, in relation to the New York state storm recovery  capital
  fund;  to  amend the New York state urban development corporation act,
  in relation to authorizing the urban development corporation to  issue
  bonds  to fund project costs for the implementation of a NY-CUNY chal-
  lenge grant program; to amend chapter 81 of the laws of 2002,  provid-
  ing  for  the  administration of certain funds and accounts related to
  the 2002-2003 budget, in relation to increasing the  aggregate  amount
  of  bonds  to be issued by the New York state urban development corpo-
  ration; to amend the public authorities law, in relation to  financing
  of  peace  bridge  and  transportation  capital projects; to amend the
  public authorities law, in relation to dormitories at  certain  educa-
  tional  institutions other than state operated institutions and statu-
  tory or contract colleges under the jurisdiction of the state  univer-
  sity  of New York; to amend the public authorities law, in relation to
  authorization for the issuance of bonds for the capital  restructuring
  bond  finance  program;  to  amend  chapter  389  of the laws of 1997,
  providing for the financing of the correctional facilities improvement
  fund and the youth facility improvement fund, in relation to the issu-
  ance of bonds; to amend the public authorities  law,  in  relation  to
  environmental  remediation;  to  amend the New York state medical care
  facilities finance agency act, in relation to bonds and mental  health
  facilities  improvement  notes and providing for the repeal of certain
  provisions upon expiration thereof (Part I)

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

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2014-2015
state fiscal year. Each component is  wholly  contained  within  a  Part
identified  as Parts A through I. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that  particular  component,
shall  be  deemed  to mean and refer to the corresponding section of the
Part in which it is found. Section three of  this  act  sets  forth  the
general effective date of this act.

                                 PART A

  Section  1.  Subparagraph  1-a  of  paragraph  (b) of subdivision 2 of
section 1193 of the vehicle and traffic law is REPEALED.
  S 2. Paragraph (b) of subdivision 2 of section 1193 of the vehicle and
traffic law is amended by adding a  new  subparagraph  3-a  to  read  as
follows:
  (3-A)  DRIVING  WHILE  ABILITY  IMPAIRED OR WHILE INTOXICATED OR WHILE
ABILITY IMPAIRED BY THE COMBINED INFLUENCE OF DRUGS OR  OF  ALCOHOL  AND
ANY  DRUG  OR  DRUGS  OR  AGGRAVATED  DRIVING  WHILE  INTOXICATED; PRIOR
OFFENSES WITHIN THREE YEARS. FIVE YEARS, WHERE THE HOLDER  IS  CONVICTED
OF  A VIOLATION OF SUBDIVISION ONE, TWO, TWO-A, THREE, FOUR OR FOUR-A OF

S. 6355--A                          4                         A. 8555--A

SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE COMMITTED WITHIN THREE
YEARS OF A CONVICTION FOR A VIOLATION  OF  ANY  SUBDIVISION  OF  SECTION
ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE.
  S  3.  Clause (a) of subparagraph 12 of paragraph (b) of subdivision 2
of section 1193 of the vehicle and traffic law, as added by chapter  732
of the laws of 2006, is amended to read as follows:
  (a) Notwithstanding any other provision of this chapter to the contra-
ry,  whenever  a  revocation is imposed upon a person for the refusal to
submit to a chemical test pursuant to the provisions of  section  eleven
hundred  ninety-four  of this article or conviction for any violation of
section eleven hundred ninety-two of this article for which  a  sentence
of imprisonment may be imposed OR AN OUT-OF-STATE CONVICTION FOR OPERAT-
ING  A  MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS OR A
CONVICTION OF A VIOLATION OF THE PENAL LAW FOR WHICH A VIOLATION OF SUCH
SECTION ELEVEN HUNDRED NINETY-TWO IS  AN  ESSENTIAL  ELEMENT,  and  such
person  has[:  (i) within the previous four years] PREVIOUSLY been twice
convicted of any provisions of section eleven hundred ninety-two of this
article OR AN OUT-OF-STATE CONVICTION  FOR  OPERATING  A  MOTOR  VEHICLE
WHILE  UNDER  THE  INFLUENCE  OF  ALCOHOL OR DRUGS or a violation of the
penal law for which a violation of such section eleven  hundred  ninety-
two  is an essential element [and at least one such conviction was for a
crime], or has PREVIOUSLY twice been found to have refused to submit  to
a  chemical  test pursuant to section eleven hundred ninety-four of this
article, or has any combination of two such convictions and findings  of
refusal not arising out of the same incident[; or (ii) within the previ-
ous  eight  years been convicted three times of any provision of section
eleven hundred ninety-two of this article for which a sentence of impri-
sonment may be imposed or a violation of  the  penal  law  for  which  a
violation  of  such  section  eleven  hundred ninety-two is an essential
element and at least two such convictions were for crimes, or  has  been
found, on three separate occasions, to have refused to submit to a chem-
ical  test  pursuant to section eleven hundred ninety-four of this arti-
cle, or has any combination of such convictions and findings of  refusal
not  arising  out of the same incident], such revocation shall be perma-
nent.
  S 4. Subparagraph 2 of paragraph (d) of subdivision 2 of section  1194
of the vehicle and traffic law, as amended by chapter 732 of the laws of
2006, is amended to read as follows:
  (2)  Civil  penalties.  Except as otherwise provided, any person whose
license, permit to drive, or any  non-resident  operating  privilege  is
revoked  pursuant to the provisions of this section shall also be liable
for a civil penalty in the amount of five hundred dollars except that if
such revocation is a second or subsequent revocation  pursuant  to  this
section  issued  within  a  five  year  period,  or such person has been
convicted of a violation of any subdivision of  section  eleven  hundred
ninety-two of this article within the past five years not arising out of
the  same  incident,  the civil penalty shall be in the amount of [seven
hundred fifty] ONE THOUSAND dollars. Any person whose license is revoked
pursuant to the provisions of this  section  based  upon  a  finding  of
refusal  to submit to a chemical test while operating a commercial motor
vehicle shall also be liable for a civil penalty of five  hundred  fifty
dollars  except  that  if  such person has previously been found to have
refused a chemical test pursuant  to  this  section  while  operating  a
commercial motor vehicle or has a prior conviction of any of the follow-
ing  offenses  while operating a commercial motor vehicle: any violation
of section eleven hundred ninety-two of this article; any  violation  of

S. 6355--A                          5                         A. 8555--A

subdivision  two  of section six hundred of this chapter; or has a prior
conviction of any felony involving the use of a commercial motor vehicle
pursuant to paragraph (a) of subdivision one  of  section  five  hundred
ten-a  of  this  chapter, then the civil penalty shall be [seven hundred
fifty] ONE THOUSAND dollars. No new driver's license or permit shall  be
issued,  or  non-resident  operating  privilege  restored to such person
unless such penalty has  been  paid.  All  penalties  collected  by  the
department pursuant to the provisions of this section shall be the prop-
erty  of  the state and shall be paid into the general fund of the state
treasury.
  S 5. Paragraph (b) of subdivision 3 of section 511 of the vehicle  and
traffic  law,  as separately amended by chapters 786 and 892 of the laws
of 1990, is amended to read as follows:
  (b) Aggravated unlicensed operation of a motor vehicle  in  the  first
degree  is  a  class E felony. When a person is convicted of this crime,
the sentence of the court must be: (i) a fine in an amount not less than
[five hundred] ONE THOUSAND dollars nor more than five thousand dollars;
and (ii) a term of imprisonment as provided in the penal law,  or  (iii)
where  appropriate  and  a  term  of imprisonment is not required by the
penal law, a sentence of probation as provided  in  subdivision  six  of
this  section,  or  (iv)  a  term  of  imprisonment  as a condition of a
sentence of probation as provided in the penal law.
  S 6. Clauses (b), (c), (d) and (e) of subparagraph 12 of paragraph (b)
of subdivision 2 of section 1193 of the  vehicle  and  traffic  law  are
REPEALED and clause (f) is relettered clause (b).
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

                                 PART B

  Section  1. Subparagraphs (x) and (xi) of paragraph a of subdivision 2
of section 510 of the vehicle and traffic law, as added by  chapter  571
of  the  laws of 2006, are amended and a new subparagraph (xii) is added
to read as follows:
  (x) of a traffic infraction for  a  subsequent  violation  of  article
twenty-six  of  this chapter and the commission of such violation caused
serious physical injury to another person and such subsequent  violation
occurred within eighteen months of a prior violation of any provision of
article  twenty-six  of  this chapter where the commission of such prior
violation caused the serious physical injury or death of another person;
[or]
  (xi) of a traffic infraction for a  subsequent  violation  of  article
twenty-six  of  this chapter and the commission of such violation caused
the death of another person and such subsequent violation occurred with-
in eighteen months of a prior violation  of  any  provision  of  article
twenty-six  of this chapter where the commission of such prior violation
caused the serious physical injury or death of another person[.]; OR
  (XII) OF A SECOND OR SUBSEQUENT VIOLATION OF  SECTION  TWELVE  HUNDRED
TWENTY-FIVE-C  OR  SECTION TWELVE HUNDRED TWENTY-FIVE-D OF THIS CHAPTER,
WHERE SUCH PERSON WAS UNDER THE AGE OF TWENTY-ONE AT  THE  TIME  OF  THE
COMMISSION OF SUCH VIOLATIONS.
  S  2.  Paragraph  b of subdivision 2 of section 510 of the vehicle and
traffic law, is amended by adding a new subparagraph (xvi)  to  read  as
follows:
  (XVI)  FOR  A  PERIOD  OF  ONE YEAR WHERE THE HOLDER IS CONVICTED OF A
VIOLATION OF SECTION TWELVE  HUNDRED  TWENTY-FIVE-C  OR  SECTION  TWELVE

S. 6355--A                          6                         A. 8555--A

HUNDRED  TWENTY-FIVE-D  OF THIS CHAPTER, WHERE SUCH PERSON WAS UNDER THE
AGE OF TWENTY-ONE AT THE TIME OF THE COMMISSION OF SUCH VIOLATION.
  S  3.  Subdivision  6 of section 510 of the vehicle and traffic law is
amended by adding a new paragraph n to read as follows:
  N. WHERE REVOCATION IS MANDATORY PURSUANT  TO  SUBPARAGRAPH  (XII)  OF
PARAGRAPH  A OF SUBDIVISION TWO OF THIS SECTION, NO NEW LICENSE SHALL BE
ISSUED FOR AT LEAST ONE YEAR, NOR THEREAFTER EXCEPT IN THE DISCRETION OF
THE COMMISSIONER.
  S 4. Section 510-c of the vehicle and traffic law is amended by adding
a new subdivision 3 to read as follows:
  3. ANY SUSPENSION OR REVOCATION REQUIRED  UNDER  THIS  SECTION  FOR  A
VIOLATION  OF  SECTION  TWELVE  HUNDRED  TWENTY-FIVE-C OR SECTION TWELVE
HUNDRED TWENTY-FIVE-D OF THIS CHAPTER SHALL BE SUBJECT TO THE PROVISIONS
OF SUBDIVISION TWO OF SECTION FIVE HUNDRED TEN OF THIS ARTICLE.
  S 5. Subdivision 4 of section 1225-c of the vehicle and  traffic  law,
as  amended by section 1 of part C of chapter 55 of the laws of 2013, is
amended to read as follows:
  4. A violation of subdivision two of this section shall be  a  traffic
infraction  and  shall  be  punishable  by a fine of not less than fifty
dollars nor more than [one  hundred  fifty]  TWO  HUNDRED  dollars  upon
conviction  of a first violation; upon conviction of a second violation,
both of which were committed within a period of  eighteen  months,  such
violation shall be punished by a fine of not less than fifty dollars nor
more  than  [two]  THREE  hundred dollars; upon conviction of a third or
subsequent violation, all of which were committed  within  a  period  of
eighteen  months, such violation shall be punished by a fine of not less
than fifty dollars nor more than [four] FIVE hundred dollars.
  S 6. Subdivision 6 of section 1225-d of the vehicle and  traffic  law,
as  amended by section 2 of part C of chapter 55 of the laws of 2013, is
amended to read as follows:
  6. A violation of this section shall be a traffic infraction and shall
be punishable by a fine of not less than fifty  dollars  nor  more  than
[one  hundred  fifty]  TWO  HUNDRED  dollars  upon conviction of a first
violation; upon conviction of a second violation,  both  of  which  were
committed  within  a  period of eighteen months, such violation shall be
punished by a fine of not less than fifty dollars nor  more  than  [two]
THREE  hundred  dollars;  upon  conviction  of  a  third  or  subsequent
violation, all of which were  committed  within  a  period  of  eighteen
months,  such  violation  shall  be  punished by a fine of not less than
fifty dollars nor more than [four] FIVE hundred dollars.
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

                                 PART C

  Section 1. Section 2 of part H of chapter 503  of  the  laws  of  2009
relating  to  the  disposition  of  monies  recovered by county district
attorneys before the filing of an accusatory instrument, as  amended  by
section  1  of  part  F of chapter 55 of the laws of 2013, is amended to
read as follows:
  S 2. This act shall take effect immediately and shall remain  in  full
force  and  effect until March 31, [2014] 2015, when it shall expire and
be deemed repealed.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after March 31, 2014.

S. 6355--A                          7                         A. 8555--A

                                 PART D

  Section  1. Paragraph (b) of subdivision 6 of section 186-f of the tax
law, as amended by section 1 of part D of chapter  57  of  the  laws  of
2011, is amended to read as follows:
  (b)  The  sum  of  one  million  five hundred thousand dollars must be
deposited into the New York state emergency services revolving loan fund
annually; provided, however, that such sums shall not be  deposited  for
state  fiscal  years two thousand eleven--two thousand twelve [and], two
thousand twelve--two thousand thirteen, TWO THOUSAND FOURTEEN--TWO THOU-
SAND FIFTEEN, TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN,  TWO  THOUSAND
SIXTEEN--TWO THOUSAND SEVENTEEN AND TWO THOUSAND SEVENTEEN--TWO THOUSAND
EIGHTEEN;
  S 2. This act shall take effect immediately.

                                 PART E

  Section  1.  Section  167-a  of  the  civil service law, as amended by
section 1 of part I of chapter 55 of the laws of  2012,  is  amended  to
read as follows:
  S 167-a. Reimbursement  for  medicare  premium charges. Upon exclusion
from the coverage of the health benefit plan  of  supplementary  medical
insurance  benefits for which an active or retired employee or a depend-
ent covered by the health benefit plan is or would be eligible under the
federal old-age, survivors and disability insurance program,  an  amount
equal to the STANDARD MEDICARE premium charge WITHOUT ANY INCOME-RELATED
ADJUSTMENT  for  such  supplementary medical insurance benefits for such
active or retired employee and his or her dependents, if any,  shall  be
paid  monthly  or  at other intervals to such active or retired employee
from the health insurance fund. Where appropriate, such  amount  may  be
deducted from contributions payable by the employee or retired employee;
or  where  appropriate  in  the  case  of a retired employee receiving a
retirement allowance, such amount may be included with payments  of  his
or  her  retirement  allowance.  All  state  employer, employee, retired
employee and dependent  contributions  to  the  health  insurance  fund,
including  contributions  from public authorities, public benefit corpo-
rations or other quasi-public organizations of the  state  eligible  for
participation  in  the  health benefit plan as authorized by subdivision
two of section  one  hundred  sixty-three  of  this  article,  shall  be
adjusted  as necessary to cover the cost of reimbursing federal old-age,
survivors and disability insurance program premium  charges  under  this
section.  This  cost  shall be included in the calculation of premium or
subscription charges for  health  coverage  provided  to  employees  and
retired  employees  of  the  state,  public  authorities, public benefit
corporations or other quasi-public organizations of the state; provided,
however, the state, public authorities, public benefit  corporations  or
other  quasi-public organizations of the state shall remain obligated to
pay no less than its share of such increased cost  consistent  with  its
share  of  premium or subscription charges provided for by this article.
All other employer contributions to the health insurance fund  shall  be
adjusted as necessary to provide for such payments.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2014.

                                 PART F

S. 6355--A                          8                         A. 8555--A

  Section 1. The civil service law is amended by adding  a  new  section
66-a to read as follows:
  S  66-A.  TERM  APPOINTMENTS  IN  INFORMATION TECHNOLOGY POSITIONS. 1.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE DEPARTMENT MAY AUTHORIZE
TERM APPOINTMENTS WITHOUT EXAMINATION TO TEMPORARY  POSITIONS  REQUIRING
SPECIAL  EXPERTISE  OR  QUALIFICATIONS  IN  INFORMATION TECHNOLOGY. SUCH
APPOINTMENTS MAY BE AUTHORIZED ONLY IN SUCH CASES WHERE  THE  OFFICE  OF
INFORMATION TECHNOLOGY SERVICES CERTIFIES TO THE DEPARTMENT THAT BECAUSE
OF  THE  TYPE  OF SERVICES TO BE RENDERED OR THE TEMPORARY OR OCCASIONAL
CHARACTER OF SUCH SERVICES, IT WOULD NOT BE PRACTICABLE TO HOLD AN EXAM-
INATION OF ANY KIND. SUCH  CERTIFICATION  SHALL  BE  A  PUBLIC  DOCUMENT
PURSUANT  TO  THE  PUBLIC  OFFICERS  LAW  AND SHALL IDENTIFY THE SPECIAL
EXPERTISE OR QUALIFICATIONS THAT ARE REQUIRED AND  WHY  THEY  CANNOT  BE
OBTAINED THROUGH AN APPOINTMENT FROM AN ELIGIBLE LIST. THE MAXIMUM PERI-
OD FOR A TERM APPOINTMENT ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL
NOT  EXCEED  SIXTY  MONTHS  AND  SHALL  NOT BE EXTENDED, AND THE MAXIMUM
NUMBER OF SUCH APPOINTMENTS SHALL NOT EXCEED  THREE  HUNDRED.  AT  LEAST
FIFTEEN DAYS PRIOR TO MAKING A TERM APPOINTMENT PURSUANT TO THIS SECTION
THE  APPOINTING  AUTHORITY  SHALL PUBLICLY AND CONSPICUOUSLY POST IN ITS
OFFICES INFORMATION ABOUT THE TEMPORARY POSITION AND THE REQUIRED QUALI-
FICATIONS AND SHALL ALLOW ANY QUALIFIED EMPLOYEE TO APPLY FOR SAID POSI-
TION. AN EMPLOYEE APPOINTED PURSUANT TO THIS PROVISION WHO HAS COMPLETED
TWO YEARS OF CONTINUOUS SERVICE UNDER THIS PROVISION SHALL  BE  ABLE  TO
COMPETE  IN  ONE  PROMOTIONAL EXAMINATION THAT IS ALSO OPEN TO EMPLOYEES
WHO HAVE PERMANENT CIVIL SERVICE APPOINTMENTS AND APPROPRIATE QUALIFICA-
TIONS.
  2. A TEMPORARY POSITION ESTABLISHED PURSUANT  TO  SUBDIVISION  ONE  OF
THIS  SECTION  MAY BE ABOLISHED FOR REASONS OF ECONOMY, CONSOLIDATION OR
ABOLITION OF FUNCTIONS, CURTAILMENT OF  ACTIVITIES  OR  OTHERWISE.  UPON
SUCH  ABOLITION  OR  AT  THE  END  OF  THE  TERM OF THE APPOINTMENT, THE
PROVISIONS  OF  SECTIONS   SEVENTY-EIGHT,   SEVENTY-NINE,   EIGHTY   AND
EIGHTY-ONE  OF THIS CHAPTER SHALL NOT APPLY. IN THE EVENT OF A REDUCTION
OF WORKFORCE PURSUANT TO SECTION EIGHTY OF THIS CHAPTER AFFECTING INFOR-
MATION TECHNOLOGY POSITIONS, THE  TERM  APPOINTMENTS  PURSUANT  TO  THIS
SECTION  AT THE OFFICE OF INFORMATION TECHNOLOGY SERVICES SHALL BE ABOL-
ISHED PRIOR TO THE ABOLITION OF PERMANENT COMPETITIVE CLASS  INFORMATION
TECHNOLOGY  POSITIONS  AT  THE OFFICE OF INFORMATION TECHNOLOGY SERVICES
INVOLVING COMPARABLE SKILLS AND RESPONSIBILITIES.
  3. (A) NOTWITHSTANDING ANY PROVISION  OF  LAW  TO  THE  CONTRARY,  THE
DEPARTMENT  MAY LIMIT CERTIFICATION FROM THE FOLLOWING ELIGIBLE LISTS TO
THOSE ELIGIBLES  IDENTIFIED  AS  HAVING  KNOWLEDGE,  SKILLS  OR  CERTIF-
ICATIONS,  OR  ANY  COMBINATION  THEREOF,  IDENTIFIED  BY THE APPOINTING
AUTHORITY AS NECESSARY TO PERFORM THE DUTIES OF CERTAIN POSITIONS:
  35-382 INFORMATION TECHNOLOGY SPECIALIST 4 G-25
  35-383 INFORMATION TECHNOLOGY SPECIALIST 4 (DATA COMMUNICATIONS) G-25
  35-384 INFORMATION TECHNOLOGY SPECIALIST 4 (DATABASE) G-25
  35-386 INFORMATION TECHNOLOGY SPECIALIST 4 (SYSTEMS PROGRAMMING) G-25
  35-387 MANAGER INFORMATION TECHNOLOGY SERVICES 1 G-27
  35-388 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATA COMMUNICATIONS)
G-27
  35-389 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATABASE) G-27
  35-391 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (SYSTEMS PROGRAMMING)
G-27
  35-392 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (TECHNICAL) G-27.
  (B) NO SUCH LIMITATION ON CERTIFICATION SHALL OCCUR UNTIL A  SKILL-SET
INVENTORY IS CONDUCTED FOR ALL PERSONS ON ANY LIST SO LIMITED.

S. 6355--A                          9                         A. 8555--A

  S  2.  Subdivision  21  of section 103 of the state technology law, as
added by section 4 of part N of chapter 55  of  the  laws  of  2013,  is
amended and a new subdivision 7-a is added to read as follows:
  7-A. TO PROVIDE TECHNOLOGY SERVICES VIA AGREEMENTS WITH:
  (A)  MUNICIPAL  CORPORATIONS, PUBLIC BENEFIT CORPORATIONS AND DISTRICT
CORPORATIONS AS DEFINED IN SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION
LAW;
  (B) POLITICAL SUBDIVISIONS AS DEFINED IN SECTION ONE  HUNDRED  OF  THE
GENERAL MUNICIPAL LAW;
  (C) PUBLIC AUTHORITIES;
  (D) SOIL AND WATER CONSERVATION DISTRICTS;
  (E)  ANY  UNIT OF THE STATE UNIVERSITY AND CITY UNIVERSITY OF NEW YORK
PURSUANT TO AND CONSISTENT WITH SECTIONS THREE  HUNDRED  FIFTY-FIVE  AND
SIXTY-TWO HUNDRED EIGHTEEN OF THE EDUCATION LAW;
  21.  Notwithstanding the provisions of section one hundred sixty-three
of the state finance law, section  one  hundred  three  of  the  general
municipal  law,  article  four-C of the economic development law, or any
other provision of law relating to the award of  public  contracts,  any
officer, body, or agency of New York state, public corporation, or other
public  entity  subject to such provisions of law shall be authorized to
enter individually or collectively into contracts with the  not-for-pro-
fit  corporation  that  operates the multi-state information sharing and
analysis center for the provision of services through September  thirti-
eth,  two  thousand [fourteen] FIFTEEN related to cyber security includ-
ing, but not limited to, monitoring, detecting, and responding to  cyber
incidents, and such contracts may be awarded without compliance with the
procedures  relating  to  the  procurement of services set forth in such
provisions of law. Such contracts shall,  however,  be  subject  to  the
comptroller's   existing  authority  to  approve  contracts  where  such
approval is required by section one hundred twelve of the state  finance
law or otherwise. Such officers, bodies, or agencies may pay the fees or
other  amounts specified in such contracts in consideration of the cyber
security services to be rendered pursuant to such contracts.
  S 3. Section 99-r of the general municipal law, as amended by  section
1  of  subpart B of part C of chapter 97 of the laws of 2011, is amended
to read as follows:
  S 99-r. Contracts for services. Notwithstanding any  other  provisions
of law to the contrary, the governing board of any municipal corporation
may enter into agreements and/or contracts with any state agency includ-
ing  any  department, board, bureau, commission, division, office, coun-
cil, committee, or officer of the state, whether permanent or temporary,
or a public benefit corporation or public authority, or a soil and water
conservation district, and any unit of the state university of New York,
pursuant to and consistent with sections three  hundred  fifty-five  and
sixty-three  hundred  one  of  the  education law within or without such
municipal corporation to provide or receive fuel, equipment, maintenance
and repair, supplies, water  supply,  street  sweeping  or  maintenance,
sidewalk  maintenance,  right-of-way  maintenance, storm water and other
drainage, sewage disposal, landscaping, mowing, TECHNOLOGY SERVICES,  or
any  other  services  of  government.  Such state agency, soil and water
conservation district, or unit of the  state  university  of  New  York,
within the limits of any specific statutory appropriation authorized and
made  available  therefor  by  the  legislature or by the governing body
responsible for the operation of  such  state  agency,  soil  and  water
conservation  district,  or unit of the state university of New York may
contract with any municipal corporation  for  such  services  as  herein

S. 6355--A                         10                         A. 8555--A

provided  and  may  provide, in agreements and/or contracts entered into
pursuant to this section, for the reciprocal provision  of  services  or
other  consideration  of  approximately equivalent value, including, but
not  limited  to,  routine and/or emergency services, monies, equipment,
buildings and facilities, materials or a commitment  to  provide  future
routine  and/or  emergency  services,  monies,  equipment, buildings and
facilities or materials. Any such contract may be entered into by direct
negotiations and shall not be subject to the provisions of  section  one
hundred three of this chapter.
  S  4.  (a)  Notwithstanding  any provision of law to the contrary, any
person employed in the exempt class positions of employee program  asso-
ciate,  employee program assistant, confidential stenographer, or confi-
dential assistant by the governor's office of  employee  relations,  and
any  person  employed  in the exempt class positions of employee program
associate or employee program assistant by the labor management  commit-
tee, and any person employed in the exempt class positions of manager of
information  services  or information technology specialist by the joint
commission on public ethics immediately prior to  being  transferred  to
the  office of information technology services pursuant to subdivision 2
of section 70 of the civil service law, and who, immediately prior ther-
eto was performing information technology functions, shall  be  entitled
to  permanent  appointment  in  similar  or  corresponding titles in the
competitive class as determined by the department of civil  service  and
shall  continue to hold such position in the office of information tech-
nology services without further examination.  No  such  employee  trans-
ferred to the office of information technology services shall be subject
to  a  new  probationary  term,  provided, however, that any employee in
probationary status at the time of the transfer  shall  be  required  to
complete  that probationary term at the office of information technology
services under the same terms and conditions as were applicable  to  him
or  her  while  employed at the governor's office of employee relations,
the labor management committee or the joint commission on public ethics.
  (b) No employee whose  position  is  re-classified  pursuant  to  this
section  or  section five or six of this act shall suffer a reduction in
basic salary as a result of such re-classification and shall continue to
receive, at a minimum, the salary  that  such  employee  received  while
employed  by  the  governor's  office  of  employee relations, the labor
management committee or the joint commission on public ethics.
  S 5. Notwithstanding any provision of law to the contrary,  the  civil
service  department  may re-classify any person employed in a permanent,
classified, competitive position immediately prior to being  transferred
to the office of information technology services pursuant to subdivision
2  of  section  70 of the civil service law to align with the duties and
responsibilities of their positions upon transfer.  Permanent  employees
whose  positions  are subsequently reclassified to align with the duties
and responsibilities of their positions upon being  transferred  to  the
office  of  information technology services pursuant to subdivision 2 of
section 70 of the civil service law shall hold  such  positions  without
further   examination   or   qualification.  Notwithstanding  any  other
provision of this act, the names of those competitive permanent  employ-
ees  on  promotion  eligible  lists in their former agency or department
shall be added and interfiled on a promotion eligible list  in  the  new
department, as the state civil service department deems appropriate.
  S  6.  Notwithstanding any provision of law to the contrary, the civil
service department may re-classify any person  employed  in  the  exempt
class  positions of employee program associate, employee program assist-

S. 6355--A                         11                         A. 8555--A

ant, confidential stenographer, or confidential assistant by the  gover-
nor's  office  of  employee  relations,  and  any person employed in the
exempt class positions of employee program associate or employee program
assistant  by the labor management committee, and any person employed in
the exempt class positions of manager of information services or  infor-
mation  technology  specialist by the joint commission on public ethics,
immediately prior to being transferred  to  the  office  of  information
technology services pursuant to subdivision 2 of section 70 of the civil
service law to align with the duties and responsibilities of their posi-
tions  upon  transfer.    Permanent employees whose positions are subse-
quently re-classified to align with the duties and  responsibilities  of
their  positions  upon  being  transferred  to the office of information
technology services pursuant to subdivision 2 of section 70 of the civil
service law shall hold such positions  without  further  examination  or
qualification.
  S 7. Subdivision 8 of section 73 of the public officers law is amended
by adding a new paragraph (j) to read as follows:
  (J) THE PROVISIONS OF SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDI-
VISION SHALL NOT APPLY TO ANY FORMER TEMPORARY STATE OFFICER OR EMPLOYEE
WHO  WAS  HIRED SUBJECT TO CHAPTER FIVE HUNDRED OF THE LAWS OF TWO THOU-
SAND NINE AND WHO EITHER DID NOT RECEIVE A HIGH ENOUGH SCORE ON A  CIVIL
SERVICE  EXAMINATION OR DID NOT TAKE A CIVIL SERVICE EXAMINATION BECAUSE
NO PROMOTIONAL EXAMINATION WAS OFFERED PRIOR TO HIS OR HER  TERMINATION.
ON OR BEFORE THE DATE OF SUCH TERMINATION OF EMPLOYMENT, THE STATE AGEN-
CY SHALL PROVIDE TO THE TERMINATED EMPLOYEE A WRITTEN CERTIFICATION THAT
THE  EMPLOYEE  HAS  BEEN  TERMINATED BECAUSE THE EMPLOYEE EITHER DID NOT
RECEIVE A HIGH ENOUGH SCORE ON A CIVIL SERVICE EXAMINATION  OR  DID  NOT
TAKE  A CIVIL SERVICE EXAMINATION BECAUSE NO PROMOTIONAL EXAMINATION WAS
OFFERED PRIOR TO HIS OR HER  TERMINATION.    THE  WRITTEN  CERTIFICATION
SHALL  ALSO  CONTAIN A NOTICE DESCRIBING THE RIGHTS AND RESPONSIBILITIES
OF THE EMPLOYEE PURSUANT TO THE PROVISIONS OF THIS SECTION. THE  CERTIF-
ICATION  AND  NOTICE  SHALL  CONTAIN THE INFORMATION AND SHALL BE IN THE
FORM SET FORTH BELOW:
CERTIFICATION AND NOTICE
TO: EMPLOYEE'S NAME: ____________________________
    STATE AGENCY: ____________________________
    DATE OF TERMINATION: ____________________________
I, (NAME AND TITLE) OF (STATE AGENCY), HEREBY CERTIFY THAT YOU HAVE BEEN
TERMINATED FROM STATE SERVICE BECAUSE YOU EITHER DID NOT RECEIVE A  HIGH
ENOUGH  SCORE  ON  A  CIVIL  SERVICE EXAMINATION OR DID NOT TAKE A CIVIL
SERVICE EXAMINATION BECAUSE NO PROMOTIONAL EXAMINATION WAS OFFERED PRIOR
TO YOUR TERMINATION. THEREFORE, YOU ARE COVERED  BY  THE  PROVISIONS  OF
PARAGRAPH  (J)  OF  SUBDIVISION  EIGHT  OF  SECTION SEVENTY-THREE OF THE
PUBLIC OFFICERS LAW.
YOU   WERE   DESIGNATED   AS   A   POLICYMAKER:   YES   ____   NO   ____
____________________________________
_________________(TITLE)
TO THE EMPLOYEE:
THIS  CERTIFICATION  AFFECTS  YOUR RIGHT TO ENGAGE IN CERTAIN ACTIVITIES
AFTER YOU LEAVE STATE SERVICE.
ORDINARILY, EMPLOYEES WHO LEAVE STATE SERVICE  MAY  NOT  FOR  TWO  YEARS
APPEAR  OR  PRACTICE  BEFORE THEIR FORMER AGENCY OR RECEIVE COMPENSATION
FOR RENDERING SERVICES ON A MATTER BEFORE THEIR FORMER AGENCY.  HOWEVER,
BECAUSE  OF THIS CERTIFICATION, YOU MAY BE EXEMPT FROM THIS RESTRICTION.
IF YOU WERE NOT DESIGNATED AS A POLICYMAKER  BY  YOUR  AGENCY,  YOU  ARE
AUTOMATICALLY  EXEMPT.  YOU MAY, UPON LEAVING STATE SERVICE, IMMEDIATELY

S. 6355--A                         12                         A. 8555--A

APPEAR, PRACTICE OR RECEIVE COMPENSATION FOR  SERVICES  RENDERED  BEFORE
YOUR FORMER AGENCY.
IF YOU WERE DESIGNATED AS A POLICYMAKER BY YOUR AGENCY, YOU ARE ELIGIBLE
TO  APPLY  FOR  AN EXEMPTION TO THE JOINT COMMISSION ON PUBLIC ETHICS AT
540 BROADWAY, ALBANY, NEW YORK 12207. EVEN IF YOU ARE OR  BECOME  EXEMPT
FROM  THE  TWO  YEAR BAR, THE LIFETIME BAR OF THE REVOLVING DOOR STATUTE
WILL CONTINUE TO APPLY TO YOU. YOU MAY NOT APPEAR, PRACTICE, COMMUNICATE
OR OTHERWISE RENDER SERVICES BEFORE ANY STATE AGENCY IN RELATION TO  ANY
CASE,  PROCEEDING,  APPLICATION OR TRANSACTION WITH RESPECT TO WHICH YOU
WERE DIRECTLY CONCERNED AND IN WHICH YOU PERSONALLY PARTICIPATED  DURING
YOUR STATE SERVICE, OR WHICH WAS UNDER YOUR ACTIVE CONSIDERATION. IF YOU
HAVE   ANY  QUESTIONS  ABOUT  THE  APPLICATION  OF  THE  POST-EMPLOYMENT
RESTRICTIONS TO YOUR CIRCUMSTANCES, YOU MAY CONTACT THE JOINT COMMISSION
ON PUBLIC ETHICS.
  S 8. This act shall take effect immediately.

                                 PART G

  Section 1. Section 3 of chapter 410 of the laws of 2009, amending  the
state  finance  law  relating  to authorizing the aggregate purchases of
energy for  state  agencies,  institutions,  local  governments,  public
authorities and public benefit corporations, as amended by chapter 68 of
the laws of 2011, is amended to read as follows:
  S  3.  This  act shall take effect immediately and shall expire and be
deemed repealed July 31, [2015] 2020.
  S 2. Section 9 of subpart A of part C of chapter 97  of  the  laws  of
2011,  amending the state finance law and other laws relating to provid-
ing certain centralized service to political subdivisions and  extending
the  authority  of  the  commissioner  of  general services to aggregate
purchases of energy for state agencies and  political  subdivisions,  is
amended to read as follows:
  S 9. This act shall take effect immediately, provided, however that:
  1.  sections  one,  four, five, six and seven of this act shall expire
and be deemed repealed [3 years after they shall have become a law] JULY
31, 2020;
  2. the amendments to subdivision  4  of  section  97-g  of  the  state
finance  law  made by section two of this act shall [not affect] SURVIVE
the expiration and reversion of such subdivision as provided in  section
3  of  chapter  410 of the laws of 2009[, and shall expire and be deemed
repealed therewith], AS AMENDED;
  3. sections four, five, six and seven of this act shall apply  to  any
contract let or awarded on or after such effective date.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2014.

                                 PART H

  Section 1. This act enacts into law major  components  of  legislation
which  are  necessary to implement the state fiscal plan for the 2014-15
state fiscal year and to strengthen enforcement  of  the  election  law,
reform  campaign  financing  and  enhance  the  public's  trust in state
government.  Each component is wholly contained within a Subpart identi-
fied as Subparts A through D. The effective  date  for  each  particular
provision contained within such Subpart is set forth in the last section
of  such  Subpart.  Any  provision  in  any  section  contained within a
Subpart, including the effective date of  the  Subpart,  which  makes  a

S. 6355--A                         13                         A. 8555--A

reference  to a section "of this act", when used in connection with that
particular component, shall be deemed to mean and refer  to  the  corre-
sponding  section  of the Subpart in which it is found. Section three of
this act sets forth the general effective date of this act.

                                SUBPART A

  Section 1. This act shall be known as the "Public Trust Act".
  S  2.  Paragraph (b) of subdivision 3 of section 30.10 of the criminal
procedure law is amended to read as follows:
  (b) A prosecution for  any  offense  involving  misconduct  in  public
office  by  a  public  servant INCLUDING, WITHOUT LIMITATION, AN OFFENSE
DEFINED IN ARTICLE FOUR HUNDRED NINETY-SIX OF  THE  PENAL  LAW,  may  be
commenced  AGAINST  A  PUBLIC  SERVANT,  OR  ANY  OTHER PERSON ACTING IN
CONCERT WITH SUCH PUBLIC SERVANT at any time  during  [the  defendant's]
SUCH  PUBLIC SERVANT'S service in such office or within five years after
the termination of such service; provided  however,  that  in  no  event
shall  the  period  of  limitation  be  extended by more than five years
beyond the period otherwise applicable under  subdivision  two  OF  THIS
SECTION.
  S 3. Section 50.10 of the criminal procedure law is amended to read as
follows:
S  50.10  Compulsion  of  evidence  by offer of immunity; definitions of
            terms.
  The following definitions are applicable to this article:
  1.  "Immunity."  BASED UPON THE SUBJECT MATTER OF THE LEGAL PROCEEDING
IN WHICH A PERSON GIVES EVIDENCE, SUCH PERSON MAY RECEIVE EITHER  "TRAN-
SACTIONAL" OR "USE" IMMUNITY.
  (A)  "TRANSACTIONAL  IMMUNITY."  A  person who has been a witness in a
legal proceeding, and who cannot, except as otherwise provided  in  this
subdivision,  be convicted of any offense or subjected to any penalty or
forfeiture for or  on  account  of  any  transaction,  matter  or  thing
concerning which he gave evidence therein, possesses ["immunity"] "TRAN-
SACTIONAL IMMUNITY" from any such conviction, penalty or forfeiture.
  (B)  "USE  IMMUNITY."    A  PERSON  WHO  HAS BEEN A WITNESS IN A LEGAL
PROCEEDING, AND NEITHER THE EVIDENCE  GIVEN  BY  THAT  WITNESS  NOR  ANY
EVIDENCE  DERIVED  DIRECTLY  OR INDIRECTLY THEREFROM MAY BE USED AGAINST
THE WITNESS IN THE SAME OR ANY OTHER CRIMINAL PROCEEDING OR IN THE IMPO-
SITION OF ANY PENALTY OR FORFEITURE POSSESSES "USE IMMUNITY".
  (C) A person who possesses [such] TRANSACTIONAL IMMUNITY OR USE  immu-
nity  may  nevertheless  be  convicted  of perjury as a result of having
given false testimony in such legal proceeding, and may be convicted  of
or  adjudged in contempt as a result of having contumaciously refused to
give evidence therein, AND THE EVIDENCE  GIVEN  BY  THE  PERSON  AT  THE
PROCEEDING  AT  WHICH THE PERSON POSSESSED EITHER TRANSACTIONAL IMMUNITY
OR USE IMMUNITY MAY BE USED AGAINST SUCH PERSON IN ANY SUCH  PROSECUTION
FOR PERJURY OR PROSECUTION OR JUDGMENT FOR CONTEMPT.
  2.  "Legal  proceeding"  means  a proceeding in or before any court or
grand jury, or before any body, agency or person authorized  by  law  to
conduct  the same and to administer the oath or to cause it to be admin-
istered.
  3. "Give evidence" means to testify or produce physical evidence.
  S 4. Subdivision 3 of section 50.20 of the criminal procedure  law  is
amended to read as follows:
  3.   A witness who is ordered to give evidence pursuant to subdivision
two OF THIS SECTION and who complies with  such  order  receives  EITHER

S. 6355--A                         14                         A. 8555--A

TRANSACTIONAL  IMMUNITY  OR  USE  immunity. [Such] IN A LEGAL PROCEEDING
INVOLVING, IN WHOLE OR IN PART, ANY MISCONDUCT, NONFEASANCE  OR  NEGLECT
IN  PUBLIC OFFICE BY A PUBLIC SERVANT, WHETHER CRIMINAL OR OTHERWISE, OR
ANY  FRAUD  UPON  THE  STATE,  A POLITICAL SUBDIVISION OF THE STATE OR A
GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE SUCH WITNESS RECEIVES  USE
IMMUNITY.  A  WITNESS  IN A LEGAL PROCEEDING INVOLVING ANY OTHER SUBJECT
MATTER RECEIVES TRANSACTIONAL IMMUNITY. IN EITHER CASE, SUCH witness  is
not  deprived  of such immunity because such competent authority did not
comply with statutory provisions requiring notice to a specified  public
servant of intention to confer immunity.
  S  5. Paragraph (b) of subdivision 1 of section 170.30 of the criminal
procedure law is amended, and a new subdivision 4 is added  to  read  as
follows:
  (b)    The defendant has received immunity from prosecution AS DEFINED
IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 50.10 OF THIS CHAPTER for
the offense charged, pursuant to sections 50.20 or  190.40,  OR  ALLEGA-
TIONS  IN THE INFORMATION, SIMPLIFIED INFORMATION, PROSECUTOR'S INFORMA-
TION OR MISDEMEANOR COMPLAINT ARE BASED ON  EVIDENCE  PROTECTED  BY  USE
IMMUNITY AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 50.10
OF THIS CHAPTER; or
  4. WHERE THE DEFENDANT ESTABLISHES IN HIS OR HER MOTION THAT USE IMMU-
NITY HAS BEEN CONFERRED UPON HIM OR HER, THE PEOPLE MUST THEN ESTABLISH,
BY  A PREPONDERANCE OF THE EVIDENCE, THAT SUCH EVIDENCE WAS NOT DERIVED,
DIRECTLY OR INDIRECTLY, FROM THE EVIDENCE AS TO WHICH SUCH IMMUNITY  WAS
CONFERRED.
  S  6.  Subdivision  2 of section 190.40 of the criminal procedure law,
paragraph (c) as added by chapter 454 of the laws of 1975, is amended to
read as follows:
  2.  A witness who gives evidence in a grand jury proceeding INVOLVING,
IN WHOLE OR IN PART, ANY MISCONDUCT, NONFEASANCE OR  NEGLECT  IN  PUBLIC
OFFICE  BY A PUBLIC SERVANT, WHETHER CRIMINAL OR OTHERWISE, OR ANY FRAUD
UPON THE STATE, A POLITICAL SUBDIVISION OF THE STATE OR  A  GOVERNMENTAL
INSTRUMENTALITY  WITHIN THE STATE receives USE immunity.  A WITNESS IN A
GRAND JURY PROCEEDING INVOLVING ANY OTHER SUBJECT MATTER RECEIVES  TRAN-
SACTIONAL  IMMUNITY. IN EITHER CASE, SUCH WITNESS RECEIVES SUCH IMMUNITY
unless:
  (a)   He OR SHE has  effectively  waived  such  immunity  pursuant  to
section 190.45; or
  (b)  Such evidence is not responsive to any inquiry and is gratuitous-
ly  given  or  volunteered  by the witness with knowledge that it is not
responsive[.] ; OR
  (c)  The evidence given by the witness consists only of books, papers,
records or other physical evidence  of  an  enterprise,  as  defined  in
subdivision  one  of  section 175.00 of the penal law, the production of
which is required by a subpoena duces tecum, and the  witness  does  not
possess  a  privilege  against  self-incrimination  with  respect to the
production of such evidence.  Any further evidence given by the  witness
entitles  the  witness  to immunity except as provided in [subparagraph]
PARAGRAPHS (a) and (b) of this subdivision.
  S 7. Paragraph (d) of subdivision 1 of section 210.20 of the  criminal
procedure law is amended to read as follows:
  (d)  The defendant has TRANSACTIONAL immunity, AS DEFINED IN PARAGRAPH
(A) OF SUBDIVISION ONE OF SECTION 50.10 OF THIS CHAPTER, with respect to
the offense charged, pursuant to section 50.20 or 190.40; or
  S  7-a.  Section  210.35  of  the criminal procedure law is amended by
adding a new subdivision 4-a to read as follows:

S. 6355--A                         15                         A. 8555--A

  4-A. EVIDENCE PROTECTED BY USE IMMUNITY WAS USED TO OBTAIN THE INDICT-
MENT; OR
  S  8. The opening paragraph and subdivisions 6 and 7 of section 710.20
of the criminal procedure law, the opening paragraph and  subdivision  6
as  amended  by chapter 8 of the laws of 1976, subdivision 7 as added by
chapter 744 of the laws of 1988, and  subdivision  6  as  renumbered  by
chapter  481 of the laws of 1983, are amended and a new subdivision 8 is
added to read as follows:
  Upon motion of a defendant who (a) is aggrieved by unlawful or improp-
er acquisition of evidence and has reasonable cause to believe that such
may be offered against him in a criminal  action,  or  (b)  claims  that
improper identification testimony may be offered against him in a crimi-
nal action, OR (C) CLAIMS THAT EVIDENCE AS TO THE USE OF WHICH HE OR SHE
POSSESSES  IMMUNITY,  AS  DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF
SECTION 50.10 OF THIS CHAPTER, MAY BE OFFERED AGAINST HIM IN A  CRIMINAL
ACTION,  a  court  may,  under circumstances prescribed in this article,
order that such evidence be suppressed or excluded upon the ground  that
it:
  6.    Consists  of potential testimony regarding an observation of the
defendant either at the time or place of the commission of  the  offense
or upon some other occasion relevant to the case, which potential testi-
mony  would  not be admissible upon the prospective trial of such charge
owing to an improperly made previous identification of the defendant  by
the prospective witness[.]; OR
  7. Consists of information obtained by means of a pen register or trap
and  trace  device  installed  or used in violation of the provisions of
article seven hundred five of this chapter[.]; OR
  8. CONSISTS OF POTENTIAL EVIDENCE AS TO THE USE OF WHICH THE DEFENDANT
POSSESSES IMMUNITY. WHERE THE DEFENDANT ESTABLISHES  THAT  USE  IMMUNITY
HAS BEEN CONFERRED UPON HIM OR HER, THE PEOPLE MUST THEN ESTABLISH, BY A
PREPONDERANCE  OF  THE  EVIDENCE,  THAT  SUCH  EVIDENCE WAS NOT DERIVED,
DIRECTLY OR INDIRECTLY, FROM THE EVIDENCE AS TO WHICH SUCH IMMUNITY  WAS
CONFERRED.
  S  9. Subdivision 8 of section 700.05 of the criminal procedure law is
amended by adding a new paragraph (u) to read as follows:
  (U) ANY OFFENSE DEFINED IN ARTICLE  FOUR  HUNDRED  NINETY-SIX  OF  THE
PENAL LAW, OFFICIAL MISCONDUCT IN THE THIRD DEGREE AS DEFINED IN SECTION
195.00  OF  THE  PENAL  LAW, OFFICIAL MISCONDUCT IN THE SECOND DEGREE AS
DEFINED IN SECTION 195.01 OF THE PENAL LAW, AND OFFICIAL  MISCONDUCT  IN
THE FIRST DEGREE AS DEFINED IN SECTION 195.02 OF THE PENAL LAW.
  S 10. Paragraph (f) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 154 of the laws of 1990, is amended
to read as follows:
  (f) Bribery in the third degree, bribery in the second degree, bribery
in  the first degree, bribe receiving in the third degree, bribe receiv-
ing in the second degree, bribe receiving in  the  first  degree,  bribe
giving for public office, FAILURE TO REPORT BRIBERY, and bribe receiving
for public office, as defined in article two hundred of the penal law;
  S 10-a. Subdivision 4 of section 710.60 of the criminal procedure law,
as  amended  by  chapter  39  of the laws of 1975, is amended to read as
follows:
  4. If the court does not determine the motion  pursuant  to  [subdivi-
sions]  SUBDIVISION  two  or  three,  it must conduct a hearing and make
findings of fact essential to the  determination  thereof.  All  persons
giving  factual  information  at  such  hearing must testify under oath,
except that unsworn evidence pursuant  to  subdivision  two  of  section

S. 6355--A                         16                         A. 8555--A

60.20  of  this chapter may also be received. Upon such hearing, hearsay
evidence is admissible to establish any material fact.  A HEARING GRANT-
ED UNDER THIS SUBDIVISION PURSUANT TO  A  MOTION  TO  SUPPRESS  EVIDENCE
DESCRIBED IN SUBDIVISION EIGHT OF SECTION 710.20 OF THIS ARTICLE MAY, IN
THE DISCRETION OF THE COURT, BE CONDUCTED AFTER THE TRIAL OF THE MATTER.
  S 11. Section 195.20 of the penal law is REPEALED.
  S  12.  Section  195.00 of the penal law, as amended by chapter 906 of
the laws of 1990, is amended to read as follows:
S 195.00 Official misconduct IN THE THIRD DEGREE.
  A public servant is guilty of official misconduct IN THE THIRD  DEGREE
when,  with  intent  to  obtain a benefit or deprive another person of a
benefit:
  1. He OR SHE commits an act relating to his OR HER office but  consti-
tuting  an unauthorized exercise of his OR HER official functions, know-
ing that such act is unauthorized; or
  2. He OR SHE knowingly  refrains  from  performing  a  duty  which  is
imposed  upon  him OR HER by law or is clearly inherent in the nature of
his OR HER office.
  Official misconduct IN THE THIRD DEGREE is a class [A  misdemeanor]  E
FELONY.
  S  13.  The penal law is amended by adding two new sections 195.01 and
195.02 to read as follows:
S 195.01 OFFICIAL MISCONDUCT IN THE SECOND DEGREE.
  A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE SECOND DEGREE
WHEN HE OR SHE COMMITS THE CRIME OF OFFICIAL  MISCONDUCT  IN  THE  THIRD
DEGREE AND HE OR SHE OBTAINS ANY BENEFIT OR DEPRIVES ANOTHER PERSON OF A
BENEFIT VALUED IN EXCESS OF ONE THOUSAND DOLLARS.
  OFFICIAL MISCONDUCT IN THE SECOND DEGREE IS A CLASS D FELONY.
S 195.02 OFFICIAL MISCONDUCT IN THE FIRST DEGREE.
  A  PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE FIRST DEGREE
WHEN HE OR SHE COMMITS THE CRIME OF OFFICIAL  MISCONDUCT  IN  THE  THIRD
DEGREE AND HE OR SHE OBTAINS ANY BENEFIT OR DEPRIVES ANOTHER PERSON OF A
BENEFIT VALUED IN EXCESS OF THREE THOUSAND DOLLARS.
  OFFICIAL MISCONDUCT IN THE FIRST DEGREE IS A CLASS C FELONY.
  S  14. Part 4 of the penal law is amended by adding a new title Y-2 to
read as follows:
                                TITLE Y-2
                        CORRUPTING THE GOVERNMENT

                               ARTICLE 496
                        CORRUPTING THE GOVERNMENT

SECTION 496.01 DEFINITIONS.
        496.02 CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE.
        496.03 CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE.
        496.04 CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE.
        496.05 CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE.
        496.06 PUBLIC CORRUPTION.
        496.07 SENTENCING.
S 496.01 DEFINITIONS.
  FOR THE PURPOSES OF THIS ARTICLE, "SCHEME" MEANS  ANY  PLAN,  PATTERN,
DEVICE, CONTRIVANCE, OR COURSE OF ACTION.
S 496.02 CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE.
  A  PERSON  IS GUILTY OF CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE
WHEN HE OR SHE ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE  OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE POLI-

S. 6355--A                         17                         A. 8555--A

TICAL SUBDIVISIONS OF THE STATE OR ONE OR MORE  GOVERNMENTAL  INSTRUMEN-
TALITIES  WITHIN  THE  STATE,  OR  TO OBTAIN PROPERTY, SERVICES OR OTHER
RESOURCES FROM ANY SUCH STATE,  POLITICAL  SUBDIVISION  OR  GOVERNMENTAL
INSTRUMENTALITY  BY  FALSE  OR  FRAUDULENT PRETENSES, REPRESENTATIONS OR
PROMISES.
  CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE IS A CLASS E FELONY.
S 496.03 CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF CORRUPTING THE GOVERNMENT IN  THE  THIRD  DEGREE
WHEN  HE  OR  SHE  ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE  POLI-
TICAL  SUBDIVISIONS  OF THE STATE OR ONE OR MORE GOVERNMENTAL INSTRUMEN-
TALITIES WITHIN THE STATE, OR TO  OBTAIN  PROPERTY,  SERVICES  OR  OTHER
RESOURCES  FROM  ANY  SUCH  STATE, POLITICAL SUBDIVISION OR GOVERNMENTAL
INSTRUMENTALITY BY FALSE OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR
PROMISES,  AND  SO  OBTAINS PROPERTY, SERVICES OR OTHER RESOURCES WITH A
VALUE IN EXCESS OF ONE THOUSAND DOLLARS.
  CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE IS A CLASS D FELONY.
S 496.04 CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF CORRUPTING THE GOVERNMENT IN THE  SECOND  DEGREE
WHEN  HE  OR  SHE  ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE  POLI-
TICAL  SUBDIVISIONS  OF THE STATE OR ONE OR MORE GOVERNMENTAL INSTRUMEN-
TALITIES WITHIN THE STATE, OR TO  OBTAIN  PROPERTY,  SERVICES  OR  OTHER
RESOURCES  FROM  ANY  SUCH  STATE, POLITICAL SUBDIVISION OR GOVERNMENTAL
INSTRUMENTALITY BY FALSE OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR
PROMISES,  AND  SO  OBTAINS PROPERTY, SERVICES OR OTHER RESOURCES WITH A
VALUE IN EXCESS OF FIVE THOUSAND DOLLARS.
  CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE IS A CLASS C FELONY.
S 496.05 CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF CORRUPTING THE GOVERNMENT IN  THE  FIRST  DEGREE
WHEN  HE  OR  SHE  ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE  POLI-
TICAL  SUBDIVISIONS  OF THE STATE OR ONE OR MORE GOVERNMENTAL INSTRUMEN-
TALITIES WITHIN THE STATE, OR TO  OBTAIN  PROPERTY,  SERVICES  OR  OTHER
RESOURCES  FROM  ANY  SUCH  STATE, POLITICAL SUBDIVISION OR GOVERNMENTAL
INSTRUMENTALITY BY FALSE OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR
PROMISES,  AND  SO  OBTAINS PROPERTY, SERVICES OR OTHER RESOURCES WITH A
VALUE IN EXCESS OF TEN THOUSAND DOLLARS.
  CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE IS A CLASS B FELONY.
S 496.06 PUBLIC CORRUPTION.
  1. A PERSON COMMITS THE CRIME OF PUBLIC  CORRUPTION  WHEN  HE  OR  SHE
COMMITS  A  SPECIFIED OFFENSE AND THE STATE OR ANY POLITICAL SUBDIVISION
THEREOF OR ANY GOVERNMENTAL INSTRUMENTALITY  WITHIN  THE  STATE  IS  THE
OWNER  OF  THE  PROPERTY  OR  HAS  CONTROL OVER THE SERVICES AT ISSUE OR
OTHERWISE HAS THE RIGHT TO POSSESSION OF THE PROPERTY OR BENEFIT  TAKEN,
OBTAINED  OR WITHHELD SUPERIOR TO THAT PERSON OR IS OTHERWISE THE VICTIM
OF SUCH OFFENSE.
  2. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
PROVISIONS OF THIS CHAPTER:   SECTION 155.25  (PETIT  LARCENY);  SECTION
155.30  (GRAND  LARCENY  IN  THE  FOURTH  DEGREE); SECTION 155.35 (GRAND
LARCENY IN THE THIRD DEGREE);  SECTION  155.40  (GRAND  LARCENY  IN  THE
SECOND  DEGREE);  SECTION  155.42  (GRAND  LARCENY IN THE FIRST DEGREE);
SECTION 156.05 (UNAUTHORIZED USE OF A COMPUTER); SECTION  165.05  (UNAU-
THORIZED USE OF A VEHICLE IN THE THIRD DEGREE); 165.06 (UNAUTHORIZED USE
OF  A VEHICLE IN THE SECOND DEGREE); 165.08 (UNAUTHORIZED USE OF A VEHI-
CLE IN THE  FIRST  DEGREE);  470.05  (MONEY  LAUNDERING  IN  THE  FOURTH

S. 6355--A                         18                         A. 8555--A

DEGREE);  470.10  (MONEY  LAUNDERING IN THE THIRD DEGREE); 470.15 (MONEY
LAUNDERING IN THE SECOND DEGREE); 470.20 (MONEY LAUNDERING IN THE  FIRST
DEGREE).
S 496.07 SENTENCING.
  1. WHEN A PERSON IS CONVICTED OF THE CRIME OF PUBLIC CORRUPTION PURSU-
ANT  TO  SECTION  496.06  OF THIS ARTICLE AND THE SPECIFIED OFFENSE IS A
MISDEMEANOR OR A CLASS C, D OR E FELONY, THE CRIME SHALL BE DEEMED TO BE
ONE CATEGORY HIGHER THAN THE SPECIFIED OFFENSE THE DEFENDANT  COMMITTED,
OR  ONE CATEGORY HIGHER THAN THE OFFENSE LEVEL APPLICABLE TO THE DEFEND-
ANT'S CONVICTION FOR AN ATTEMPT OR  CONSPIRACY  TO  COMMIT  A  SPECIFIED
OFFENSE, WHICHEVER IS APPLICABLE.
  2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  WHEN A PERSON IS
CONVICTED OF THE CRIME OF PUBLIC CORRUPTION PURSUANT TO THIS ARTICLE AND
THE SPECIFIED OFFENSE IS A CLASS B FELONY:
  (A) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST  BE  AT  LEAST
SIX  YEARS  IF  THE  DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.00 OF
THIS CHAPTER; AND
  (B) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST  BE  AT  LEAST
TEN  YEARS  IF  THE  DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.06 OF
THIS CHAPTER.
  S 15. Subdivision 4 of section 200.50 of the criminal  procedure  law,
as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
follows:
  4. A statement in each count that the grand jury, or, where the  accu-
satory  instrument  is a superior court information, the district attor-
ney, accuses the  defendant  or  defendants  of  a  designated  offense,
provided  that in any prosecution under article four hundred eighty-five
of the penal law, the designated offense shall be the specified offense,
as defined in subdivision three of section  485.05  of  the  penal  law,
followed  by  the phrase "as a hate crime", and provided further that in
any prosecution under section 490.25 of the penal  law,  the  designated
offense  shall be the specified offense, as defined in subdivision three
of section 490.05 of the penal law, followed by the phrase "as  a  crime
of  terrorism";  and  provided  further  that  in  any prosecution under
section 130.91 of the penal law, the designated  offense  shall  be  the
specified  offense,  as  defined in subdivision two of section 130.91 of
the penal law, followed by the phrase "as a sexually motivated  felony";
AND PROVIDED FURTHER THAT IN ANY PROSECUTION UNDER SECTION 496.06 OF THE
PENAL  LAW,  THE  DESIGNATED  OFFENSE SHALL BE THE SPECIFIED OFFENSE, AS
DEFINED IN SUBDIVISION TWO OF SUCH SECTION, FOLLOWED BY THE PHRASE "AS A
PUBLIC CORRUPTION CRIME"; and
  S 16. Paragraph (a) of subdivision 1 of section 460.10  of  the  penal
law,  as  amended by chapter 405 of the laws of 2010, is amended to read
as follows:
  (a) Any of the felonies set forth in this  chapter:  sections  120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25 relating to kidnapping; section 135.35 relating  to  labor  traf-
ficking;  section  135.65  relating to coercion; sections 140.20, 140.25
and 140.30 relating to burglary;  sections  145.05,  145.10  and  145.12
relating  to  criminal  mischief;  article one hundred fifty relating to
arson; sections 155.30, 155.35, 155.40  and  155.42  relating  to  grand
larceny;  sections  177.10, 177.15, 177.20 and 177.25 relating to health
care fraud; article one hundred  sixty  relating  to  robbery;  sections
165.45,  165.50,  165.52  and  165.54 relating to criminal possession of

S. 6355--A                         19                         A. 8555--A

stolen property; sections 165.72 and 165.73 relating to trademark  coun-
terfeiting;  sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40  and
210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
176.30  relating to insurance fraud; sections 178.20 and 178.25 relating
to criminal diversion of  prescription  medications  and  prescriptions;
sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 195.00, 195.01,
195.02,  200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery;  sections
187.10,  187.15,  187.20  and  187.25  relating  to residential mortgage
fraud, sections 190.40 and 190.42 relating to  criminal  usury;  section
190.65  relating  to  schemes to defraud; ANY OFFENSE DEFINED IN ARTICLE
FOUR HUNDRED NINETY-SIX; sections 205.60 and 205.65 relating to  hinder-
ing prosecution; sections 210.10, 210.15, and 215.51 relating to perjury
and  contempt;  section  215.40  relating  to  tampering  with  physical
evidence; sections  220.06,  220.09,  220.16,  220.18,  220.21,  220.31,
220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 220.60 and 220.77 relat-
ing  to  controlled  substances;  sections 225.10 and 225.20 relating to
gambling; sections 230.25, 230.30,  and  230.32  relating  to  promoting
prostitution;  section  230.34  relating  to  sex  trafficking; sections
235.06, 235.07, 235.21 and 235.22 relating to obscenity; sections 263.10
and 263.15 relating to  promoting  a  sexual  performance  by  a  child;
sections   265.02,  265.03,  265.04,  265.11,  265.12,  265.13  and  the
provisions of section 265.10  which  constitute  a  felony  relating  to
firearms  and  other dangerous weapons; [and] sections 265.14 and 265.16
relating to criminal sale of a firearm; [and]  section  275.10,  275.20,
275.30,  or  275.40  relating  to  unauthorized recordings; and sections
470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
  S 17. Section 200.00 of the penal law, as amended by  chapter  833  of
the laws of 1986, is amended to read as follows:
S 200.00 Bribery in the third degree.
  A  person  is  guilty  of  bribery  in the third degree when he OR SHE
confers, or offers or agrees to confer, any benefit upon a public  serv-
ant  [upon an agreement or understanding that] WITH THE INTENT TO INFLU-
ENCE, IN WHOLE OR IN PART, such public servant's  vote,  opinion,  judg-
ment,  action,  decision  or  exercise of discretion as a public servant
[will thereby be influenced].
  Bribery in the third degree is a class D felony.
  S 18. Section 200.03 of the penal law, as amended by  chapter  833  of
the laws of 1986, is amended to read as follows:
S 200.03 Bribery in the second degree.
  A  person  is  guilty  of  bribery in the second degree when he OR SHE
confers, or offers or agrees to confer, any benefit valued in excess  of
[ten]  FIVE thousand dollars upon a public servant [upon an agreement or
understanding that] WITH THE INTENT TO INFLUENCE, IN WHOLE OR  IN  PART,
such public servant's vote, opinion, judgment, action, decision or exer-
cise of discretion as a public servant [will thereby be influenced].
  Bribery in the second degree is a class C felony.
  S  19. Section 200.04 of the penal law, as added by chapter 276 of the
laws of 1973, is amended to read as follows:
S 200.04 Bribery in the first degree.
  A person is guilty of bribery in the  first  degree  when  he  OR  SHE
confers, or offers or agrees to confer[,]: (A) any benefit upon a public
servant  [upon  an  agreement  or understanding that] WITH THE INTENT TO
INFLUENCE such public servant's vote, opinion, judgment,  action,  deci-
sion  or  exercise  of  discretion  as a public servant [will thereby be

S. 6355--A                         20                         A. 8555--A

influenced] in the  investigation,  arrest,  detention,  prosecution  or
incarceration  of any person for the commission or alleged commission of
a class A felony defined in article two hundred  twenty  of  [the  penal
law]  THIS  PART or an attempt to commit any such class A felony; OR (B)
ANY BENEFIT VALUED IN EXCESS OF TEN THOUSAND DOLLARS UPON A PUBLIC SERV-
ANT WITH THE INTENT TO INFLUENCE, IN WHOLE OR IN PART, SUCH PUBLIC SERV-
ANT'S  VOTE,  OPINION,  JUDGMENT,  ACTION,  DECISION  OR   EXERCISE   OF
DISCRETION AS A PUBLIC SERVANT.
  Bribery in the first degree is a class B felony.
  S 20. Section 200.05 of the penal law is amended to read as follows:
S 200.05 Bribery; defense; LIMITATIONS.
  1.  In any prosecution for bribery, it is a defense that the defendant
conferred or agreed to confer the benefit involved upon the public serv-
ant involved as a result of conduct of the latter  constituting  larceny
committed  by  means  of extortion, or an attempt to commit the same, or
coercion, or an attempt to commit coercion;
  2. IN ANY PROSECUTION PURSUANT  TO  SECTION  200.00,  200.03,  200.04,
200.10,  200.11,  200.12,  200.45  OR  200.50 OF THIS ARTICLE, NO PERSON
SHALL BE HELD TO HAVE VIOLATED SUCH SECTIONS  WHERE  THE  BENEFIT  IS  A
CAMPAIGN  CONTRIBUTION THAT IS PERMISSIBLE UNDER ARTICLE FOURTEEN OF THE
ELECTION LAW OR A COMPARABLE APPLICABLE PROVISION OF FEDERAL LAW,  IS  A
LOBBYING  EXPENSE  THAT  IS LEGAL UNDER ARTICLE ONE-A OF THE LEGISLATIVE
LAW OR, PURSUANT TO SUBDIVISION (J) OF SECTION ONE-C OF THE  LEGISLATIVE
LAW  IS  EXCLUDABLE  FROM  THE  DEFINITION OF A GIFT, UNLESS SUCH PERSON
CONFERS, OR OFFERS OR AGREES TO CONFER, SUCH BENEFIT UPON A PUBLIC SERV-
ANT UPON AN AGREEMENT OR UNDERSTANDING THAT SUCH PUBLIC SERVANT'S  VOTE,
OPINION,  JUDGMENT,  ACTION,  DECISION  OR  EXERCISE  OF DISCRETION AS A
PUBLIC SERVANT WILL THEREBY BE INFLUENCED.
  S 21. Section 200.10 of the penal law, as amended by  chapter  833  of
the laws of 1986, is amended to read as follows:
S 200.10 Bribe receiving in the third degree.
  A public servant is guilty of bribe receiving in the third degree when
he OR SHE:
  1.  solicits,  accepts  or  agrees  to accept any benefit from another
person upon an agreement or understanding that his OR HER vote, opinion,
judgment, action, decision or exercise of discretion as a public servant
will thereby be influenced[.]; OR
  2. SOLICITS, ACCEPTS OR AGREES TO ACCEPT A GIFT OF MORE  THAN  NOMINAL
VALUE  FROM  ANOTHER PERSON FOR, BECAUSE OF, OR AS CONSIDERATION FOR HIS
OR  HER  VOTE,  OPINION,  JUDGMENT,  ACTION,  DECISION  OR  EXERCISE  OF
DISCRETION AS A PUBLIC SERVANT.
  Bribe receiving in the third degree is a class D felony.
  S  22. Section 200.11 of the penal law, as added by chapter 833 of the
laws of 1986, is amended to read as follows:
S 200.11 Bribe receiving in the second degree.
  A public servant is guilty of bribe receiving  in  the  second  degree
when  he OR SHE solicits, accepts or agrees to accept any benefit valued
in excess of [ten] FIVE thousand dollars from another  person  [upon  an
agreement  or  understanding that], FOR, BECAUSE OF, OR AS CONSIDERATION
FOR his OR HER vote, opinion, judgment, action, decision or exercise  of
discretion as a public servant [will thereby be influenced].
  Bribe receiving in the second degree is a class C felony.
  S  23. Section 200.12 of the penal law, as added by chapter 276 of the
laws of 1973, is amended to read as follows:
S 200.12 Bribe receiving in the first degree.

S. 6355--A                         21                         A. 8555--A

  A public servant is guilty of bribe receiving in the first degree when
he OR SHE solicits, accepts or agrees to accept: (A)  any  benefit  from
another  person  [upon an agreement or understanding that], FOR, BECAUSE
OF, OR AS CONSIDERATION FOR his OR HER vote, opinion, judgment,  action,
decision  or exercise of discretion as a public servant [will thereby be
influenced] in the  investigation,  arrest,  detention,  prosecution  or
incarceration  of any person for the commission or alleged commission of
a class A felony defined in article two hundred  twenty  of  [the  penal
law]  THIS  PART or an attempt to commit any such class A felony; OR (B)
ANY BENEFIT VALUED IN  EXCESS  OF  TEN  THOUSAND  DOLLARS  FROM  ANOTHER
PERSON,  FOR, BECAUSE OF, OR AS CONSIDERATION FOR HIS OR HER VOTE, OPIN-
ION, JUDGMENT, ACTION, DECISION OR EXERCISE OF DISCRETION  AS  A  PUBLIC
SERVANT.
  Bribe receiving in the first degree is a class B felony.
  S 24. Section 200.45 of the penal law is amended to read as follows:
S 200.45 Bribe giving for public office.
  A  person  is  guilty of bribe giving for public office when he OR SHE
confers, or offers or agrees to confer, any money or other property upon
a public servant or a party officer [upon an agreement or  understanding
that]  ,  FOR,  BECAUSE OF, OR AS CONSIDERATION THAT some person will or
may be appointed to a public office or  designated  or  nominated  as  a
candidate for public office.
  Bribe giving for public office is a class D felony.
  S 25. Section 200.50 of the penal law is amended to read as follows:
S 200.50 Bribe receiving for public office.
  A  public  servant or a party officer is guilty of bribe receiving for
public office when he OR SHE solicits, accepts or agrees to  accept  any
money or other property from another person [upon an agreement or under-
standing  that],  FOR,  BECAUSE OF, OR AS CONSIDERATION THAT some person
will or may be appointed to a public office or designated  or  nominated
as a candidate for public office.
  Bribe receiving for public office is a class D felony.
  S  26. The penal law is amended by adding a new section 200.56 to read
as follows:
S 200.56 FAILURE TO REPORT BRIBERY.
  1. A PUBLIC SERVANT IS GUILTY OF FAILURE TO REPORT BRIBERY WHEN:
  (A) THE PUBLIC SERVANT KNOWS THAT  ANOTHER  PERSON  HAS  ATTEMPTED  TO
BRIBE  SUCH  PUBLIC SERVANT, AS SUCH CONDUCT IS DEFINED IN THIS ARTICLE,
OR SUCH PUBLIC SERVANT HAS WITNESSED OR HAS KNOWLEDGE OF  EITHER  (I)  A
PERSON  COMMITTING  ANY  DEGREE OF THE CRIME OF BRIBERY OR ATTEMPTING TO
COMMIT BRIBERY OF ANOTHER PUBLIC SERVANT, AS SUCH CONDUCT IS DEFINED  IN
THIS ARTICLE OR (II) ANOTHER PUBLIC SERVANT COMMITTING ANY DEGREE OF THE
CRIME OF BRIBE RECEIVING, AS DEFINED IN THIS ARTICLE; AND
  (B)  SUCH  PUBLIC SERVANT DOES NOT, AS SOON AS REASONABLY PRACTICABLE,
REPORT SUCH CRIME TO A DISTRICT ATTORNEY.
  2. ANY PUBLIC SERVANT WHO MAKES A REPORT AS REQUIRED BY  THIS  SECTION
SHALL NOT BE SUBJECT TO DISMISSAL, DISCIPLINE OR OTHER ADVERSE PERSONNEL
ACTION AS A RESULT OF MAKING SUCH REPORT.
  FAILURE TO REPORT BRIBERY IS A CLASS A MISDEMEANOR.
  S  27.  Subdivision 1 of section 80.00 of the penal law, as amended by
chapter 338 of the laws of 1989, is amended to read as follows:
  1. A sentence to pay a fine for a felony shall be a sentence to pay an
amount, fixed by the court, not exceeding the higher of
  a. five thousand dollars; or
  b. double the amount of the defendant's gain from  the  commission  of
the  crime OR, IF THE DEFENDANT IS CONVICTED OF A CRIME DEFINED IN ARTI-

S. 6355--A                         22                         A. 8555--A

CLE FOUR HUNDRED NINETY-SIX OF  THIS  CHAPTER,  ANY  HIGHER  AMOUNT  NOT
EXCEEDING  THREE  TIMES  THE  AMOUNT  OF  THE  DEFENDANT'S GAIN FROM THE
COMMISSION OF SUCH OFFENSE; or
  c.  if the conviction is for any felony defined in article two hundred
twenty or two hundred twenty-one  of  this  chapter,  according  to  the
following schedule:
  (i) for A-I felonies, one hundred thousand dollars;
  (ii) for A-II felonies, fifty thousand dollars;
  (iii) for B felonies, thirty thousand dollars;
  (iv) for C felonies, fifteen thousand dollars.
When  imposing  a fine pursuant to the provisions of this paragraph, the
court shall consider the profit gained by defendant's  conduct,  whether
the  amount  of  the  fine  is  disproportionate to the conduct in which
defendant engaged, its impact on any victims, and  defendant's  economic
circumstances,  including  the defendant's ability to pay, the effect of
the fine upon his or her immediate family or any other persons  to  whom
the defendant owes an obligation of support.
  S  28.  Subdivision  1 of section 80.10 of the penal law is amended to
read as follows:
  1. In general. A sentence to pay a fine, when imposed on a corporation
for an offense defined in this chapter or for an offense defined outside
this chapter for which no special corporate fine is specified, shall  be
a sentence to pay an amount, fixed by the court, not exceeding:
  (a) Ten thousand dollars, when the conviction is of a felony;
  (b)  Five thousand dollars, when the conviction is of a class A misde-
meanor or of an unclassified misdemeanor for which a term  of  imprison-
ment in excess of three months is authorized;
  (c)  Two  thousand dollars, when the conviction is of a class B misde-
meanor or of an unclassified misdemeanor for which the  authorized  term
of imprisonment is not in excess of three months;
  (d) Five hundred dollars, when the conviction is of a violation;
  (e)  Any  higher  amount not exceeding double the amount of the corpo-
ration's gain from the commission of the offense OR, IF THE  CORPORATION
IS  CONVICTED  OF  A CRIME DEFINED IN ARTICLE FOUR HUNDRED NINETY-SIX OF
THIS CHAPTER, ANY HIGHER AMOUNT NOT EXCEEDING THREE TIMES THE AMOUNT  OF
THE CORPORATION'S GAIN FROM THE COMMISSION OF SUCH OFFENSE.
  S  29. Subdivision (a) of section 1-c of the legislative law, as added
by chapter 2 of the laws of 1999, is amended to read as follows:
  (a) The term  "lobbyist"  shall  mean  every  person  or  organization
retained,  employed  or  designated by any client to engage in lobbying.
The term "lobbyist" shall not include any  officer,  director,  trustee,
employee, counsel or agent of the state, or any municipality or subdivi-
sion  thereof of New York when discharging their official duties; except
those officers, directors, trustees, employees, counsels, or  agents  of
colleges, as defined by section two of the education law.  PROVIDED THAT
ANY  INDIVIDUAL  WHO  STANDS CONVICTED OF A CRIME DEFINED IN ARTICLE TWO
HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION 195.00, 195.01  OR  195.02
OF  THE  PENAL  LAW  MAY  NOT BE RETAINED, EMPLOYED OR DESIGNATED BY ANY
CLIENT TO ENGAGE IN LOBBYING.
  S 30. Section 139-a of the state finance law, as  amended  by  chapter
268 of the laws of 1971, is amended to read as follows:
  S  139-a. Ground for cancellation of contract by state. A clause shall
be inserted in all specifications or contracts hereafter made or awarded
by the state or any public department, agency or official  thereof,  for
work  or  services  performed or to be performed, or goods sold or to be
sold, to provide that: (A) upon the refusal by  a  person,  when  called

S. 6355--A                         23                         A. 8555--A

before a grand jury, head of a state department, temporary state commis-
sion  or  other  state  agency, or the organized crime task force in the
department of law, which  is  empowered  to  compel  the  attendance  of
witnesses  and  examine them under oath, to testify in an investigation,
concerning any transaction or contract had with the state, any political
subdivision thereof, a public authority or with any  public  department,
agency  or official of the state or of any political subdivision thereof
or of a public authority, to sign a waiver of  immunity  against  subse-
quent criminal prosecution or to answer any relevant question concerning
such  transaction  or contract; OR (B) UPON THE CONVICTION OF ANY PERSON
OF AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED OR FOUR HUNDRED  NINETY-SIX
OR SECTION 195.00, 195.01 OR 195.02 OF THE PENAL LAW,
  [(a)]  (I)  such  person,  and any firm, partnership or corporation of
which he is a member, partner, director or officer shall be disqualified
from thereafter selling to or submitting bids  to  or  receiving  awards
from or entering into any contracts with the state or any public depart-
ment,  agency  or  official  thereof, for goods, work or services, for a
period of five years after such  refusal,  OR  UPON  CONVICTION  OF  ANY
OFFENSE  DEFINED  IN  ARTICLE  TWO HUNDRED OR FOUR HUNDRED NINETY-SIX OR
SECTION 195.00, 195.01 OR 195.02 OF THE PENAL  LAW,  FOR  LIFE,  and  to
provide also that
  [(b)]  (II)  any  and  all contracts made with the state or any public
department, agency or official thereof, since the effective date of this
law, by such person, and by any  firm,  partnership  or  corporation  of
which  he  is a member, partner, director or officer may be cancelled or
terminated by the state without incurring  any  penalty  or  damages  on
account of such cancellation or termination, but any monies owing by the
state  for  goods  delivered  or  work done prior to the cancellation or
termination shall be paid.
  S 31. Section 139-b of the state finance law, as  amended  by  chapter
268 of the laws of 1971, is amended to read as follows:
  S  139-b.  Disqualification to contract with state. 1. Any person who,
when called before a grand jury, head of a state  department,  temporary
state  commission  or  other  state  agency, or the organized crime task
force in the department of law, which is empowered to compel the attend-
ance of witnesses and examine them under oath, to testify in an investi-
gation, concerning any transaction or contract had with the  state,  any
political  subdivision  thereof,  a  public  authority  or with a public
department, agency or official of the state or of any political subdivi-
sion thereof or of a public authority, refuses to sign a waiver of immu-
nity against subsequent criminal prosecution or to answer  any  relevant
question concerning such transaction or contract, and any firm, partner-
ship  or corporation of which [he] ANY SUCH PERSON is a member, partner,
director or officer shall be disqualified from thereafter selling to  or
submitting  bids  to  or  receiving  awards  from  or  entering into any
contracts with the state or any public department,  agency  or  official
thereof,  for  goods, work or services, for a period of five years after
such refusal or until a disqualification shall be  removed  pursuant  to
the provisions of section one hundred thirty-nine-c of this article.
  It  shall  be  the  duty  of  the officer conducting the investigation
before the grand jury, the head of a state  department,  the  [chairman]
CHAIR  of  the  temporary state commission or other state agency, or the
organized crime task force in the department of  law  before  which  the
refusal  occurs  to send notice of such refusal, together with the names
of any firm, partnership or corporation of which the person so  refusing
is  known  to  be  a  member, partner, officer or director, to the state

S. 6355--A                         24                         A. 8555--A

commissioner of transportation, except in the  event  the  investigation
concerns  a public building transaction or contract said notice shall be
sent to the state commissioner of general services, and the  appropriate
departments, agencies and officials of the state, political subdivisions
thereof  or  public authorities with whom the person so refusing and any
firm, partnership or corporation of  which  he  is  a  member,  partner,
director  or  officer,  is  known to have a contract. However, when such
refusal occurs before a body other than a grand jury, notice of  refusal
shall  not  be  sent for a period of ten days after such refusal occurs.
Prior to the expiration of this ten day period, any person, firm,  part-
nership  or  corporation  which has become liable to the cancellation or
termination of a contract or disqualification to contract on account  of
such  refusal may commence a special proceeding at a special term of the
supreme court, held within the judicial district in  which  the  refusal
occurred,  for an order determining whether the questions in response to
which the refusal occurred were relevant and material  to  the  inquiry.
Upon  the commencement of such proceeding, the sending of such notice of
refusal to answer shall be subject to order of the court  in  which  the
proceeding  was  brought  in a manner and on such terms as the court may
deem just. If a proceeding is not brought within  ten  days,  notice  of
refusal shall thereupon be sent as provided herein.
  2.  ANY  PERSON  WHO STANDS CONVICTED OF AN OFFENSE DEFINED IN ARTICLE
TWO HUNDRED OR FOUR HUNDRED NINETY-SIX  OR  SECTION  195.00,  195.01  OR
195.02  OF  THE  PENAL  LAW, AND ANY FIRM, PARTNERSHIP OR CORPORATION OF
WHICH ANY SUCH PERSON IS A MEMBER, PARTNER, DIRECTOR OR OFFICER SHALL BE
DISQUALIFIED, FOR LIFE, FROM THEREAFTER SELLING TO OR SUBMITTING BIDS TO
OR RECEIVING AWARDS FROM OR ENTERING INTO ANY CONTRACTS WITH  THE  STATE
OR ANY PUBLIC DEPARTMENT, AGENCY OR OFFICIAL THEREOF, FOR GOODS, WORK OR
SERVICES.  IN  THE EVENT A PERSON OR FIRM, PARTNERSHIP OR CORPORATION IS
SO CONVICTED, THE OFFICE RESPONSIBLE FOR PROSECUTING SUCH OFFENSE  SHALL
SEND  NOTICE  OF  SUCH  CONVICTION  TOGETHER WITH THE NAMES OF ANY FIRM,
PARTNERSHIP OR CORPORATION OF WHICH THE PERSON IS KNOWN TO BE A  MEMBER,
PARTNER,  OFFICER  OR  DIRECTOR,  TO  THE  STATE COMMISSIONER OF GENERAL
SERVICES, AND SUCH APPROPRIATE DEPARTMENTS, AGENCIES  AND  OFFICIALS  OF
THE  STATE,  POLITICAL  SUBDIVISIONS  THEREOF OR PUBLIC AUTHORITIES WITH
WHOM THE PERSON AND ANY FIRM, PARTNERSHIP OR CORPORATION OF WHICH HE  IS
A MEMBER, PARTNER, DIRECTOR OR OFFICER, IS KNOWN TO HAVE A CONTRACT.
  S  32.  Subdivision  6  of  section 1310 of the civil practice law and
rules, as added by chapter 669 of the laws of 1984, is amended  to  read
as follows:
  6.  "Pre-conviction  forfeiture  crime" means only a felony defined in
article two hundred twenty OR FOUR HUNDRED NINETY-SIX or section 195.00,
195.01, 195.02, 221.30 or 221.55 of the penal law.
  S 33. Section 3 of the public officers law is amended by adding a  new
subdivision 1-a to read as follows:
  1-A.  NO  PERSON  SHALL BE CAPABLE OF HOLDING A CIVIL OFFICE WHO SHALL
STAND CONVICTED OF A CRIME  DEFINED  IN  ARTICLE  TWO  HUNDRED  OR  FOUR
HUNDRED NINETY-SIX OR SECTION 195.00, 195.01 OR 195.02 OF THE PENAL LAW.
  S 34. The real property tax law is amended by adding a new section 493
to read as follows:
  S  493.  LIMITATIONS.  1.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, ANY REAL PROPERTY WHICH WOULD OTHERWISE  BE  ELIGIBLE  FOR  AN
EXEMPTION,  CREDIT,  ABATEMENT,  REBATE  OR OTHER REDUCTION OR OFFSET OF
REAL PROPERTY TAX LIABILITY AUTHORIZED BY LAW SHALL NOT BE  SO  ELIGIBLE
IF  ANY  PERSON WHO STANDS TO BENEFIT FROM THE EXEMPTION, CREDIT, ABATE-
MENT, REBATE OR OTHER REDUCTION OR OFFSET STANDS CONVICTED OF AN OFFENSE

S. 6355--A                         25                         A. 8555--A

DEFINED IN ARTICLE TWO HUNDRED OR FOUR  HUNDRED  NINETY-SIX  OR  SECTION
195.00, 195.01 OR 195.02 OF THE PENAL LAW.
  2.  FOR PURPOSES OF THIS SECTION, A PERSON SHALL BE DEEMED TO STAND TO
BENEFIT FROM AN EXEMPTION, CREDIT, ABATEMENT, REBATE OR OTHER  REDUCTION
OR OFFSET OF REAL PROPERTY TAX LIABILITY IF THE PERSON IS:
  (A) AN OWNER OR BENEFICIAL OWNER THEREOF, OR
  (B)  IN  THE  CASE OF RESIDENTIAL REAL PROPERTY OWNED BY A COOPERATIVE
APARTMENT CORPORATION, A TENANT-STOCKHOLDER RESIDING THEREIN, OR
  (C) IN THE CASE OF A PARTNERSHIP THAT HAS LEGAL TITLE TO PROPERTY,  OR
IS OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES THEREON, A PARTNER THERE-
OF, OR
  (D) IN THE CASE OF A LIMITED LIABILITY COMPANY THAT HAS LEGAL TITLE TO
PROPERTY,  OR  IS OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES THEREON, A
MANAGER OR MEMBER THEREOF, OR
  (E) IN THE CASE OF A CORPORATION THAT HAS LEGAL TITLE TO  PROPERTY  OR
IS  OBLIGATED  TO  MAKE PAYMENTS IN LIEU OF TAXES THEREON, A DIRECTOR OR
OFFICER THEREOF.
  3. IN THE EVENT A  PERSON  OR  FIRM,  PARTNERSHIP  OR  CORPORATION  IS
CONVICTED  OF  AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED OR FOUR HUNDRED
NINETY-SIX OR SECTION 195.00, 195.01 OR 195.02 OF  THE  PENAL  LAW,  THE
OFFICE  RESPONSIBLE  FOR  PROSECUTING  SUCH OFFENSE SHALL SEND NOTICE OF
SUCH CONVICTION, TOGETHER WITH THE NAMES OF  ANY  FIRM,  PARTNERSHIP  OR
CORPORATION  OF WHICH THE PERSON IS KNOWN TO BE A MEMBER, PARTNER, OFFI-
CER OR DIRECTOR, TO THE ASSESSOR OF ANY ASSESSING  UNIT  IN  WHICH  SUCH
PERSON  OR SUCH FIRM, PARTNERSHIP OR CORPORATION IS KNOWN TO OWN PROPER-
TY.
  S 35. Section 960 of the general municipal law is amended by adding  a
new subdivision (f) to read as follows:
  (F)  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS ARTICLE, A BUSINESS
ENTERPRISE SHALL NOT BE ELIGIBLE FOR ANY BENEFITS PURSUANT TO THIS ARTI-
CLE IF SUCH ENTERPRISE STANDS CONVICTED OF AN OFFENSE DEFINED IN ARTICLE
TWO HUNDRED OR FOUR HUNDRED NINETY-SIX  OR  SECTION  195.00,  195.01  OR
195.02  OF THE PENAL LAW, OR IF ANY MEMBER, PARTNER, DIRECTOR OR OFFICER
OF SUCH ENTERPRISE STANDS CONVICTED OF ANY SUCH OFFENSE.
  S 36. The tax law is amended by adding a new section  41  to  read  as
follows:
  S  41.  LIMITATIONS ON TAX CREDIT ELIGIBILITY. ANY TAXPAYER WHO STANDS
CONVICTED, OR WHO IS A SHAREHOLDER OF AN S CORPORATION OR PARTNER  IN  A
PARTNERSHIP  WHICH  IS  CONVICTED,  OF AN OFFENSE DEFINED IN ARTICLE TWO
HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION 195.00, 195.01  OR  195.02
OF  THE PENAL LAW SHALL NOT BE ELIGIBLE FOR ANY TAX CREDIT ALLOWED UNDER
ARTICLE NINE, NINE-A, THIRTY-TWO OR THIRTY-THREE OF THIS CHAPTER OR  ANY
BUSINESS  TAX  CREDIT  ALLOWED UNDER ARTICLE TWENTY-TWO OF THIS CHAPTER.
FOR PURPOSES OF THIS SECTION, A BUSINESS TAX CREDIT ALLOWED UNDER  ARTI-
CLE  TWENTY-TWO  OF  THIS  CHAPTER  IS A TAX CREDIT ALLOWED TO TAXPAYERS
UNDER ARTICLE TWENTY-TWO WHICH IS SUBSTANTIALLY SIMILAR TO A TAX  CREDIT
ALLOWED  TO TAXPAYERS UNDER ARTICLE NINE-A OF THIS CHAPTER. IN THE EVENT
A PERSON OR FIRM, PARTNERSHIP OR CORPORATION IS CONVICTED OF AN  OFFENSE
DEFINED  IN  ARTICLE  TWO  HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION
195.00, 195.01 OR 195.02 OF THE PENAL LAW, THE  OFFICE  RESPONSIBLE  FOR
PROSECUTING  SUCH OFFENSE SHALL SEND NOTICE OF SUCH CONVICTION, TOGETHER
WITH THE NAMES OF ANY FIRM, PARTNERSHIP  OR  CORPORATION  OF  WHICH  THE
PERSON  IS  KNOWN  TO  BE A MEMBER, PARTNER, OFFICER OR DIRECTOR, TO THE
COMMISSIONER.

S. 6355--A                         26                         A. 8555--A

  S 37. Paragraph 8 of subdivision 3 of section 73-a of the public offi-
cers law, as amended by section 5 of part A of chapter 399 of  the  laws
of 2011, is amended to read as follows:
8.  (a)  If  the  reporting individual practices law, is licensed by the
    department of state as a real estate broker or agent or practices  a
    profession  licensed  by  the department of education, or works as a
    member or employee of  a  firm  required  to  register  pursuant  to
    section  one-e of the legislative law as a lobbyist, [give] DESCRIBE
    THE SERVICES RENDERED FOR WHICH COMPENSATION WAS PAID,  INCLUDING  a
    general description of the principal subject areas of matters under-
    taken  by  such  individual  OR  PRINCIPAL  DUTIES  PERFORMED. Addi-
    tionally, if such an individual practices with a firm or corporation
    and is a partner or shareholder of the firm or corporation,  give  a
    general description of principal subject areas of matters undertaken
    by such firm or corporation.

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________

  (b)  APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE, OR FOR NEW MATTERS
FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO  THOSE  SERVICES  THAT
ARE PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE:
  If the reporting individual personally provides services to any person
or  entity,  or works as a member or employee of a partnership or corpo-
ration that  provides  such  services  (referred  to  hereinafter  as  a
"firm"),  then  identify  each  client or customer to whom the reporting
individual  personally  AND  KNOWINGLY  provided  DIRECT   OR   INDIRECT
services,  or  who was referred to the firm by the reporting individual,
and from whom the reporting individual or his or her firm earned fees in
excess of $10,000 during the reporting period for such services rendered
in direct connection with:
  (i) A proposed bill or resolution in the senate or assembly during the
reporting period;
  (ii) A contract in an amount totaling $50,000  or more from the  state
or any state agency for services, materials, or property;
  (iii)  A  grant of $25,000  or more from the state or any state agency
during the reporting period;
  (iv) A grant obtained through  a  legislative  initiative  during  the
reporting period; or
  (v)  A  case,  proceeding,  application  or other matter that is not a
ministerial matter before a state agency during the reporting period.
  For purposes of this question, "referred  to  the  firm"  shall  mean:
having  intentionally  and  knowingly  taken a specific act or series of
acts to intentionally procure for the  reporting  individual's  firm  or
knowingly  solicit or direct to the reporting individual's firm in whole
or substantial part, a person or entity that becomes a  client  of  that
firm  for  the  purposes  of  representation  for a matter as defined in
subparagraphs (i) through (v) of this paragraph, as the result  of  such
procurement,  solicitation  or  direction of the reporting individual. A
reporting  individual  need  not  disclose  activities  performed  while
lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi-
sion seven of section seventy-three of this article.

S. 6355--A                         27                         A. 8555--A

  The  disclosure requirement in this question shall not require disclo-
sure of clients or  customers  receiving  medical  or  dental  services,
mental  health  services, residential real estate brokering services, or
insurance brokering services from the reporting individual or his or her
firm.  The  reporting individual need not identify any client to whom he
or she or his or her firm provided legal representation with respect  to
investigation or prosecution by law enforcement authorities, bankruptcy,
or  domestic  relations  matters. With respect to clients represented in
other matters, where disclosure of a  client's  identity  is  likely  to
cause harm, the reporting individual shall request an exemption from the
joint  commission  pursuant  to  paragraph  (i)  of  subdivision nine of
section ninety-four of the executive law. Only  a  reporting  individual
who  first  enters  public office after July first, two thousand twelve,
need not report clients or customers with respect to matters  for  which
the reporting individual or his or her firm was retained prior to enter-
ing public office.
Client                                    Nature of Services Provided
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

  (c)  APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
PROVIDED ON OR AFTER JANUARY FIRST, TWO THOUSAND  FIFTEEN,  OR  FOR  NEW
MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES
THAT ARE PROVIDED ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN:
  (I)  IF THE REPORTING INDIVIDUAL RECEIVES INCOME OF $50,000 OR GREATER
FROM ANY EMPLOYMENT OR ACTIVITY REPORTABLE UNDER QUESTION 8(A),  INCLUD-
ING  THE  PRACTICE  OF LAW, IDENTIFY EACH CLIENT OR CUSTOMER TO WHOM THE
REPORTING INDIVIDUAL OR HIS OR HER FIRM EARNED FEES IN EXCESS OF $10,000
DURING THE REPORTING PERIOD FOR SUCH SERVICES RENDERED IF SUCH CLIENT OR
CUSTOMER HAS A PENDING MATTER WITH THE  STATE,  EVEN  IF  THE  REPORTING
INDIVIDUAL  PROVIDES  NO  SERVICES  RELATED  TO  SUCH  MATTER, IN DIRECT
CONNECTION WITH:
(A) A PROPOSED BILL OR RESOLUTION IN THE SENATE OR ASSEMBLY  DURING  THE
    REPORTING PERIOD;
(B)  A  CONTRACT IN AN AMOUNT TOTALING $50,000 OR MORE FROM THE STATE OR
    ANY STATE AGENCY FOR SERVICES, MATERIALS, OR PROPERTY;
(C) A GRANT OF $25,000 OR MORE FROM THE STATE OR ANY STATE AGENCY DURING
    THE REPORTING PERIOD;
(D) A GRANT OBTAINED THROUGH A LEGISLATIVE INITIATIVE DURING THE REPORT-
    ING PERIOD; OR
(E) A CASE, PROCEEDING, APPLICATION OR OTHER MATTER THAT IS NOT A MINIS-
    TERIAL MATTER BEFORE A STATE AGENCY DURING THE REPORTING PERIOD.
  (II) THE REPORTING INDIVIDUAL SHALL  IDENTIFY  EVERY  CLIENT  DIRECTLY
REFERRED  TO  SUCH  INDIVIDUAL  BY  A REGISTERED LOBBYIST OR CLIENT OF A
LOBBYIST WHERE SUCH REFERRAL SHALL HAVE BEEN  MADE  BY  DIRECT  COMMUNI-
CATION  FROM THE LOBBYIST OR CLIENT OF A LOBBYIST TO THE REPORTING INDI-
VIDUAL. WITH RESPECT TO EACH SUCH CLIENT, THE REPORTING INDIVIDUAL SHALL
IDENTIFY THE NAME OF THE CLIENT SO REFERRED, THE AMOUNT OF  COMPENSATION
RECEIVED,  AND  THE  NAME  OF  THE  LOBBYIST OR CLIENT OF A LOBBYIST WHO
REFERRED SUCH CLIENT.  THE DISCLOSURE REQUIREMENTS IN  CLAUSES  (I)  AND
(II)  OF  THIS  SUBPARAGRAPH  SHALL NOT REQUIRE DISCLOSURE OF CLIENTS OR
CUSTOMERS RECEIVING MEDICAL OR DENTAL SERVICES, MENTAL HEALTH  SERVICES,
RESIDENTIAL  REAL  ESTATE  BROKERING  SERVICES,  OR  INSURANCE BROKERING

S. 6355--A                         28                         A. 8555--A

SERVICES FROM THE REPORTING INDIVIDUAL OR HIS OR HER FIRM. THE REPORTING
INDIVIDUAL NEED NOT IDENTIFY ANY CLIENT TO WHOM HE OR SHE OR HIS OR  HER
FIRM  PROVIDED  LEGAL  REPRESENTATION  WITH  RESPECT TO INVESTIGATION OR
PROSECUTION  BY  LAW  ENFORCEMENT  AUTHORITIES,  BANKRUPTCY, OR DOMESTIC
RELATIONS MATTERS. WITH RESPECT TO CLIENTS REPRESENTED IN OTHER MATTERS,
THE REPORTING INDIVIDUAL SHALL  REQUEST  AN  EXEMPTION  FROM  THE  JOINT
COMMISSION,  WHICH  SHALL  BE  GRANTED  FOR  GOOD  CAUSE  SHOWN. FOR THE
PURPOSES OF THIS QUESTION, GOOD CAUSE  MAY  BE  SHOWN  BY  CIRCUMSTANCES
INCLUDING,  BUT  NOT LIMITED TO, WHERE DISCLOSURE OF A CLIENT'S IDENTITY
WOULD REVEAL TRADE SECRETS OR HAVE A NEGATIVE  IMPACT  ON  THE  CLIENT'S
BUSINESS  INTERESTS,  WOULD  CAUSE  EMBARRASSMENT  FOR THE CLIENT, COULD
REASONABLY RESULT IN RETALIATION AGAINST THE CLIENT, OR  WOULD  TEND  TO
REVEAL  NON-PUBLIC  MATTERS  REGARDING A CRIMINAL INVESTIGATION.  ONLY A
REPORTING INDIVIDUAL WHO FIRST ENTERS PUBLIC OFFICE AFTER JANUARY FIRST,
TWO THOUSAND FIFTEEN, NEED NOT REPORT CLIENTS OR CUSTOMERS WITH  RESPECT
TO  MATTERS  FOR  WHICH  THE REPORTING INDIVIDUAL OR HIS OR HER FIRM WAS
RETAINED PRIOR TO ENTERING PUBLIC OFFICE.
CLIENT                                    NATURE OF SERVICES PROVIDED
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

  (D) List the name, principal address and general  description  or  the
nature  of  the  business  activity of any entity in which the reporting
individual or such individual's spouse had an investment  in  excess  of
$1,000 excluding investments in securities and interests in real proper-
ty.

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________

  S  38.  Severability.  If  any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion  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  39.  This act shall take effect on the thirtieth day after it shall
have become a law and shall only apply to acts  committed  on  or  after
such date.

                                SUBPART B

  Section  1.  Subdivision  1  of section 14-126 of the election law, as
amended by section 3 of part E of chapter 399 of the laws  of  2011,  is
amended to read as follows:
  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  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

S. 6355--A                         29                         A. 8555--A

elections]  CHIEF 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 penal-
ty, not in excess of ten thousand dollars, to be recoverable as provided
for in this subdivision.
  S 2. 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, and such other staff members as are
necessary in the exercise of its functions, and may  fix  their  compen-
sation.  [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 commissioner 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 GOVER-
NOR SHALL APPOINT A CHIEF ENFORCEMENT COUNSEL TO HEAD  THE  DIVISION  OF
ELECTION LAW ENFORCEMENT WHO SHALL HAVE A FIXED TERM OF FOUR YEARS, WITH
THE  ADVICE AND CONSENT OF THE SENATE, WITH SUCH CONSENT DETERMINED BY A
VOTE OF THE SENATE WITHIN THIRTY DAYS OF THE NOMINATION BY THE GOVERNOR,
AND SHALL BE REMOVED ONLY FOR GOOD CAUSE AND  SOLELY  BY  THE  GOVERNOR.
THE  CHIEF  ENFORCEMENT COUNSEL SHALL HAVE SOLE AUTHORITY OVER PERSONNEL
DECISIONS WITHIN THE ENFORCEMENT UNIT. ALL HIRING DECISIONS MADE BY  THE
CHIEF  ENFORCEMENT  COUNSEL  SHALL  BE  MADE WITHOUT REGARD TO POLITICAL
PARTY AFFILIATION.  ANY VACANCY IN THE OFFICE OF  CO-EXECUTIVE  DIRECTOR
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 vacat-
ing incumbent for the remaining period of  the  term  of  such  vacating
incumbent.
  S  3.  Subdivision  3  and paragraph (c) of subdivision 9-A of section
3-102 of the election law, subdivision 3 as amended by chapter 9 of  the
laws  of  1978  and paragraph (c) of subdivision 9-A as added by chapter
430 of the laws of 1997, 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 CHIEF
ENFORCEMENT COUNSEL, ESTABLISHED PURSUANT TO SECTION 3-100 OF THIS ARTI-
CLE, SHALL CONDUCT ANY INVESTIGATION NECESSARY TO ENFORCE THE PROVISIONS
OF THIS CHAPTER;
  (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;
  S 4. 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; enforcement powers.
  1. (A) THERE SHALL BE A UNIT KNOWN AS THE  DIVISION  OF  ELECTION  LAW
ENFORCEMENT ESTABLISHED WITHIN THE STATE BOARD OF ELECTIONS. THE HEAD OF
SUCH UNIT SHALL BE THE CHIEF ENFORCEMENT COUNSEL.

S. 6355--A                         30                         A. 8555--A

  (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 CHIEF
ENFORCEMENT  COUNSEL  SHALL  HAVE  AUTHORITY  WITHIN  THE STATE BOARD OF
ELECTIONS TO INVESTIGATE ON HIS OR HER OWN INITIATIVE OR UPON  COMPLAINT
ALLEGED   VIOLATIONS  OF  SUCH  STATUTES  AND  ALL  COMPLAINTS  ALLEGING
VIOLATIONS SHALL BE FORWARDED TO THE ENFORCEMENT  DIVISION  OF  ELECTION
LAW ENFORCEMENT.
  2.  (A) 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 OR OTHER
PERSON OR ENTITY THAT FILES STATEMENTS REQUIRED BY 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 LOCAL
BOARD SHALL REPORT THE RESULTS OF ITS INVESTIGATION TO THE  DIVISION  OF
ELECTION LAW ENFORCEMENT CHIEF ENFORCEMENT COUNSEL WITHIN NINETY DAYS OF
THE  START  OF  SUCH  INVESTIGATION.   THE CHIEF ENFORCEMENT COUNSEL MAY
DIRECT THE LOCAL BOARD OF ELECTIONS AT ANY TIME TO SUSPEND ITS  INVESTI-
GATION  SO THAT THE DIVISION OF ELECTION LAW ENFORCEMENT CAN INVESTIGATE
THE MATTER.
  (B) The [state board  of  elections]  CHIEF  ENFORCEMENT  COUNSEL  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.] 3. UPON RECEIPT OF A COMPLAINT AND SUPPORTING INFORMATION ALLEGING
ANY OTHER VIOLATION OF THIS CHAPTER, THE CHIEF ENFORCEMENT COUNSEL SHALL
ANALYZE THE COMPLAINT TO DETERMINE IF AN INVESTIGATION SHOULD BE  UNDER-
TAKEN.  THE  CHIEF ENFORCEMENT COUNSEL SHALL, IF NECESSARY, OBTAIN ADDI-
TIONAL INFORMATION FROM THE COMPLAINANT OR FROM OTHER SOURCES 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 THIS CHAPTER AND, SECOND,  WHETHER  THE  ALLEGATIONS  ARE
SUPPORTED BY CREDIBLE EVIDENCE.
  4.  IF  THE CHIEF ENFORCEMENT COUNSEL DETERMINES THAT THE ALLEGATIONS,
IF TRUE, WOULD NOT CONSTITUTE A VIOLATION OF THIS CHAPTER  OR  THAT  THE

S. 6355--A                         31                         A. 8555--A

ALLEGATIONS  ARE  NOT  SUPPORTED  BY  CREDIBLE EVIDENCE, HE OR SHE SHALL
ISSUE A LETTER TO THE COMPLAINANT DISMISSING THE COMPLAINT.
  5.  THE CHIEF ENFORCEMENT COUNSEL SHALL HAVE THE POWER TO FULLY INVES-
TIGATE VIOLATIONS OF THIS CHAPTER, INCLUDING THE POWER TO ISSUE  SUBPOE-
NAS  AND  TO  APPLY  FOR SEARCH WARRANTS PURSUANT TO ARTICLE SIX HUNDRED
NINETY OF THE CRIMINAL PROCEDURE LAW, AND,  EXCEPT  IN  EXIGENT  CIRCUM-
STANCES,  SHALL  GIVE  PRIOR  NOTICE  OF THE APPLICATION TO THE DISTRICT
ATTORNEY OF THE COUNTY IN WHICH SUCH A WARRANT IS TO BE EXECUTED, AND IN
SUCH EXIGENT CIRCUMSTANCES SHALL GIVE SUCH NOTICE AS SOON THEREAFTER  AS
IS  PRACTICABLE;  PROVIDED, HOWEVER THAT THE FAILURE TO GIVE NOTICE OF A
SEARCH WARRANT APPLICATION TO A DISTRICT ATTORNEY SHALL NOT BE A  GROUND
TO  SUPPRESS  THE  EVIDENCE  SEIZED  IN EXECUTING THE WARRANT. THE CHIEF
ENFORCEMENT COUNSEL SHALL BE FURTHER AUTHORIZED TO USE THE FULL INVESTI-
GATIVE POWERS OF THE STATE BOARD OF ELECTIONS, AS PROVIDED FOR IN SUBDI-
VISIONS THREE, FOUR, FIVE AND SIX OF SECTION 3-102 OF THIS TITLE.
  6. THE CHIEF ENFORCEMENT COUNSEL  MAY,  AFTER  CONSULTATION  WITH  THE
DISTRICT ATTORNEY AS TO THE TIME AND PLACE OF SUCH ATTENDANCE OR APPEAR-
ANCE,  ATTEND  IN  PERSON  ANY TERM OF THE COUNTY COURT OR SUPREME COURT
HAVING APPROPRIATE JURISDICTION, INCLUDING AN EXTRAORDINARY  SPECIAL  OR
TRIAL  TERM  OF  THE  SUPREME  COURT  WHEN  ONE IS APPOINTED PURSUANT TO
SECTION ONE HUNDRED FORTY-NINE OF THE JUDICIARY LAW,  OR  APPEAR  BEFORE
THE  GRAND  JURY  THEREOF, FOR THE PURPOSE OF MANAGING AND CONDUCTING IN
SUCH COURT OR BEFORE SUCH JURY A CRIMINAL ACTION OR PROCEEDING CONCERNED
WITH A CRIMINAL VIOLATION OF THIS CHAPTER.  THE CHIEF ENFORCEMENT  COUN-
SEL MAY REPRESENT, AND SHALL RECEIVE, THE ASSISTANCE OF THE STATE POLICE
IN  ANY INVESTIGATION HE OR SHE SHALL CONDUCT.  IN SUCH CASE, SUCH CHIEF
ENFORCEMENT COUNSEL OR HIS OR HER ASSISTANT SO  ATTENDING  MAY  EXERCISE
ALL  THE POWERS AND PERFORM ALL THE DUTIES IN RESPECT OF SUCH ACTIONS OR
PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE BE AUTHORIZED OR
REQUIRED TO EXERCISE OR PERFORM.
  7. (A) IF THE CHIEF ENFORCEMENT COUNSEL  DETERMINES  THAT  SUBSTANTIAL
REASON  EXISTS  TO  BELIEVE  THAT  A PERSON, ACTING AS OR ON BEHALF OF A
CANDIDATE OR POLITICAL COMMITTEE UNDER CIRCUMSTANCES EVINCING AN  INTENT
TO  VIOLATE  SUCH  LAW  THAT  DOES NOT OTHERWISE WARRANT CRIMINAL PROSE-
CUTION, HAS UNLAWFULLY ACCEPTED A CONTRIBUTION IN EXCESS OF  A  CONTRIB-
UTION  LIMITATION ESTABLISHED IN ARTICLE FOURTEEN OF THIS CHAPTER OR HAS
UNLAWFULLY VIOLATED ANY PROVISION OF THIS CHAPTER, THE CHIEF ENFORCEMENT
COUNSEL SHALL SELECT A HEARING OFFICER, FROM A LIST OF PROSPECTIVE HEAR-
ING OFFICERS EACH APPROVED BY A TWO-THIRDS MAJORITY VOTE OF  THE  BOARD,
TO  WHOM  HE  OR SHALL SHALL PROVIDE A WRITTEN REPORT AS TO: (1) WHETHER
SUBSTANTIAL REASON EXISTS TO BELIEVE A VIOLATION  OF  THIS  CHAPTER  HAS
OCCURRED  AND,  IF  SO,  THE  NATURE OF THE VIOLATION AND ANY APPLICABLE
PENALTY, BASED ON THE NATURE OF THE VIOLATION; (2)  WHETHER  THE  MATTER
SHOULD  BE RESOLVED EXTRA-JUDICIALLY; AND (3) WHETHER A SPECIAL PROCEED-
ING SHOULD BE COMMENCED IN THE SUPREME COURT TO RECOVER A CIVIL PENALTY.
THE HEARING OFFICER SHALL MAKE FINDINGS OF FACT AND CONCLUSIONS  OF  LAW
BASED  ON  A PREPONDERANCE OF THE EVIDENCE AS TO WHETHER A VIOLATION HAS
BEEN ESTABLISHED AND WHO IS GUILTY OF SUCH VIOLATION ON  NOTICE  TO  AND
WITH  AN  OPPORTUNITY  FOR  THE  INDIVIDUAL  OR  ENTITY  ACCUSED  OF ANY
VIOLATIONS TO BE HEARD. THE CHIEF ENFORCEMENT COUNSEL SHALL  ADOPT  SUCH
REPORT  AND  COMMENCE A SPECIAL PROCEEDING IN THE SUPREME COURT PURSUANT
TO SECTIONS 16-100, 16-114 AND 16-116 OF THIS CHAPTER SHOULD  THE  FIND-
INGS  OF  FACT  AND  CONCLUSIONS OF LAW SUPPORT THE COMMENCEMENT OF SUCH
PROCEEDING.  IF THE BOARD OF ELECTIONS FAILS TO PRODUCE A LIST OF ELIGI-
BLE HEARING OFFICERS, THE  CHIEF  ENFORCEMENT  COUNSEL  MAY  COMMENCE  A

S. 6355--A                         32                         A. 8555--A

SPECIAL PROCEEDING AS PROVIDED HEREIN IN ACCORDANCE WITH RECOMMENDATIONS
MADE IN HIS OR HER REPORT.
  (B) IF THE CHIEF ENFORCEMENT COUNSEL DETERMINES, THAT REASONABLE CAUSE
EXISTS  TO BELIEVE A VIOLATION WARRANTING CRIMINAL PROSECUTION HAS TAKEN
PLACE, THE CHIEF ENFORCEMENT COUNSEL SHALL COMMENCE A CRIMINAL ACTION OR
REFER SUCH MATTER TO THE ATTORNEY  GENERAL  OR  DISTRICT  ATTORNEY  WITH
JURISDICTION OVER SUCH MATTER TO COMMENCE A CRIMINAL ACTION AS SUCH TERM
IS DEFINED IN THE CRIMINAL PROCEDURE LAW.
  8. 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 CHIEF ENFORCEMENT COUNSEL SHALL  INVESTIGATE
THE ALLEGED VIOLATIONS UNLESS OTHERWISE DIRECTED BY THE COURT.
  9.  THE  CHIEF  ENFORCEMENT  COUNSEL  SHALL  PREPARE  A  REPORT, TO BE
INCLUDED IN THE ANNUAL REPORT  TO  THE  GOVERNOR,  THE  STATE  BOARD  OF
ELECTIONS AND LEGISLATURE, SUMMARIZING THE ACTIVITIES OF THE UNIT DURING
THE PREVIOUS YEAR.
  10.  The state board of elections may promulgate rules and regulations
consistent with law to effectuate the provisions of this section.
  S 5. Subdivision 32 of section 1.20 of the criminal procedure law,  as
amended  by  section  4 of part A of chapter 501 of the laws of 2012, is
amended to read as follows:
  32. "District  attorney"  means  a  district  attorney,  an  assistant
district  attorney  or a special district attorney, and, where appropri-
ate, the attorney general,  an  assistant  attorney  general,  a  deputy
attorney  general,  a  special deputy attorney general, [or] the special
prosecutor and inspector general  for  the  protection  of  people  with
special  needs  or  his  or her assistants when acting pursuant to their
duties in matters arising under article twenty of the executive law,  OR
THE  CHIEF  ENFORCEMENT  COUNSEL  OF  THE  STATE BOARD OF ELECTIONS WHEN
ACTING PURSUANT TO HIS OR  HER  DUTIES  IN  MATTERS  ARISING  UNDER  THE
ELECTION LAW.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law.

                                SUBPART C

  Section 1. Section 14-100 of the election law  is  amended  by  adding
four 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-

S. 6355--A                         33                         A. 8555--A

DENTAL TO THE EMPLOYMENT RELATIONSHIP. FOR THE PURPOSES OF THIS ARTICLE,
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.  "INTERMEDIARY"  MEANS  AN  INDIVIDUAL,  CORPORATION, PARTNERSHIP,
POLITICAL COMMITTEE, LABOR ORGANIZATION, OR OTHER  ENTITY  WHICH,  OTHER
THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY, OR MESSEN-
GER  SERVICE, DELIVERS ANY CONTRIBUTION FROM ANOTHER PERSON OR ENTITY TO
A CANDIDATE OR AN AUTHORIZED COMMITTEE.
  "INTERMEDIARY"  SHALL  NOT  INCLUDE  SPOUSES,  PARENTS,  CHILDREN,  OR
SIBLINGS OF THE PERSON MAKING SUCH CONTRIBUTION.
  S  2.  Subdivision 1 of section 14-102 of the election law, as amended
by chapter 8 and as redesignated by chapter 9 of the laws  of  1978,  is
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 or
incurs any liability to pay money or its equivalent  shall  file  state-
ments  sworn,  or subscribed and bearing a form notice that false state-
ments made therein are punishable as a class A misdemeanor  pursuant  to
section  210.45 of the penal law, at the times prescribed by this [arti-
cle] TITLE 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 of the transferor, contributor,
INTERMEDIARY, or person from  whom  received,  and  if  the  transferor,
contributor,  INTERMEDIARY, 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. AN INTERMEDIARY
NEED  NOT  BE  REPORTED  FOR  A  CONTRIBUTION  THAT WAS COLLECTED FROM A
CONTRIBUTOR IN CONNECTION WITH A PARTY OR OTHER CANDIDATE-RELATED  EVENT
HELD  AT THE RESIDENCE OF THE PERSON DELIVERING THE CONTRIBUTION, UNLESS
THE EXPENSES OF SUCH EVENT AT SUCH RESIDENCE FOR SUCH  CANDIDATE  EXCEED
FIVE  HUNDRED  DOLLARS OR THE AGGREGATE CONTRIBUTIONS RECEIVED FROM THAT
CONTRIBUTOR AT SUCH EVENT EXCEED FIVE  HUNDRED  DOLLARS.  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] TITLE.
  S  3.  Section  14-106 of the election law, as amended by section 2 of
part E of chapter 399 of the  laws  of  2011,  is  amended  to  read  as
follows:
  S 14-106. Political communication. The statements required to be filed
under  the provisions of this article next succeeding a primary, general
or special election shall be accompanied by a  copy  of  all  broadcast,
cable  or  satellite  schedules  and  scripts, internet, print and other

S. 6355--A                         34                         A. 8555--A

types  of  advertisements,  pamphlets,  circulars,  flyers,   brochures,
letterheads  and other printed matter purchased or produced, AND REPROD-
UCTIONS OF STATEMENTS OR INFORMATION PUBLISHED TO ONE THOUSAND  OR  MORE
MEMBERS  OF  A  GENERAL  PUBLIC AUDIENCE BY COMPUTER OR OTHER ELECTRONIC
DEVICE INCLUDING BUT NOT LIMITED TO ELECTRONIC  MAIL  OR  TEXT  MESSAGE,
purchased  in connection with such election by or under the authority of
the person filing the statement or the committee or the person on  whose
behalf  it  is  filed,  as  the  case may be. Such 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.
  S 4. 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 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 INFORMATION CONVEYED TO ONE  THOUSAND  OR  MORE
MEMBERS  OF A GENERAL PUBLIC AUDIENCE WHICH: (I) UNAMBIGUOUSLY REFERS TO
AND ADVOCATES FOR OR AGAINST A CLEARLY IDENTIFIED CANDIDATE OR EXPRESSLY
ADVOCATES THE SUCCESS OR DEFEAT OF A  BALLOT  PROPOSAL,  AND  (II)  SUCH
CANDIDATE, THE CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLI-
TICAL  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.   FOR THE PURPOSES OF THIS DEFI-
NITION, A COMMUNICATION ADVOCATES FOR OR AGAINST A CANDIDATE WHEN IT (I)
IRRESPECTIVE OF WHEN SUCH COMMUNICATION IS MADE, CONTAINS WORDS SUCH  AS
"VOTE,"  "OPPOSE," "SUPPORT," "ELECT," "DEFEAT," OR "REJECT," WHICH CALL
FOR THE ELECTION OR DEFEAT OF THE CLEARLY IDENTIFIED CANDIDATE, OR  (II)
WITHIN ONE YEAR OF THE ELECTION BUT MORE THAN SIXTY DAYS BEFORE A GENER-
AL  OR SPECIAL ELECTION FOR THE OFFICE SOUGHT BY THE CANDIDATE OR THIRTY
DAYS BEFORE A PRIMARY ELECTION, COULD ONLY BE INTERPRETED BY  A  REASON-
ABLE  PERSON  AS  ADVOCATING  FOR  THE ELECTION OR DEFEAT OF THE CLEARLY
IDENTIFIED CANDIDATE IN SUCH ELECTION BASED UPON  UNEQUIVOCAL,  UNAMBIG-
UOUS TERMS OF SUPPORT OR OPPOSITION, OR (III) WITHIN SIXTY DAYS PRIOR TO
A  GENERAL OR SPECIAL ELECTION FOR THE OFFICE SOUGHT BY THE CANDIDATE OR
THIRTY DAYS BEFORE A PRIMARY ELECTION, INCLUDES OR REFERENCES A  CLEARLY
IDENTIFIED CANDIDATE.
  (B) INDEPENDENT EXPENDITURES DO NOT INCLUDE EXPENDITURES IN CONNECTION
WITH:
  (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)  INTERNAL COMMUNICATION BY MEMBERS TO OTHER MEMBERS OF A MEMBER-
SHIP ORGANIZATION, FOR THE PURPOSE OF SUPPORTING OR OPPOSING A CANDIDATE
OR CANDIDATES FOR ELECTIVE OFFICE, PROVIDED SUCH  EXPENDITURES  ARE  NOT
USED  FOR  THE  COSTS  OF  CAMPAIGN  MATERIAL  OR COMMUNICATIONS USED IN
CONNECTION WITH BROADCASTING,  TELECASTING,  NEWSPAPERS,  MAGAZINES,  OR
OTHER  PERIODICAL  PUBLICATION,  BILLBOARDS, OR SIMILAR TYPES OF GENERAL
PUBLIC COMMUNICATIONS; OR

S. 6355--A                         35                         A. 8555--A

  (IV) A COMMUNICATION PUBLISHED ON THE INTERNET,  UNLESS  THE  COMMUNI-
CATION IS A PAID ADVERTISEMENT.
  (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, OR POLITICAL COMMITTEE.
  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  WAS  NOT
EXPRESSLY  AUTHORIZED  OR  REQUESTED  BY ANY CANDIDATE, OR BY ANY CANDI-
DATE'S POLITICAL COMMITTEE OR ANY OF ITS AGENTS.
  3. (A) ANY PERSON WHO MAKES ANY INDEPENDENT EXPENDITURE IN AN UPCOMING
CALENDAR YEAR SHALL FIRST REGISTER WITH THE STATE BOARD OF ELECTIONS  AS
A POLITICAL COMMITTEE IN CONFORMANCE WITH THIS ARTICLE.
  (B)  ANY  PERSON  WHO  IS REGISTERED PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION SHALL REPORT  INDEPENDENT  EXPENDITURES  OVER  ONE  THOUSAND
DOLLARS  TO  THE STATE BOARD OF ELECTIONS ON A STATEMENT IN THE FORM SET
FORTH IN SUBDIVISION FOUR OF THIS SECTION AND AT TIMES SET FORTH IN THIS
SUBDIVISION.
  (C) ANY CONTRIBUTION OVER ONE THOUSAND DOLLARS MADE TO ANY PERSON  WHO
HAS  REGISTERED  WITH THE STATE BOARD OF ELECTIONS PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION PRIOR TO THIRTY DAYS BEFORE ANY PRIMARY,  GENER-
AL,  OR  SPECIAL ELECTION SHALL BE DISCLOSED BY SUCH PERSON TO THE STATE
BOARD OF ELECTIONS ELECTRONICALLY WITHIN FORTY-EIGHT HOURS OF RECEIPT.
  (D) ANY CONTRIBUTION OVER ONE THOUSAND DOLLARS MADE TO ANY PERSON  WHO
HAS  REGISTERED  WITH THE STATE BOARD OF ELECTIONS PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION WITHIN THIRTY DAYS BEFORE ANY PRIMARY,  GENERAL,
OR SPECIAL ELECTION SHALL BE DISCLOSED BY SUCH PERSON TO THE STATE BOARD
OF ELECTIONS ELECTRONICALLY WITHIN TWENTY-FOUR HOURS OF RECEIPT.
  (E) A KNOWING AND WILLFUL VIOLATION OF THE PROVISIONS OF THIS SUBDIVI-
SION  SHALL SUBJECT THE PERSON TO A CIVIL PENALTY EQUAL TO FIVE THOUSAND
DOLLARS OR THE COST OF THE COMMUNICATION, WHICHEVER  IS  GREATER,  IN  A
SPECIAL  PROCEEDING  OR  CIVIL  ACTION  BROUGHT  BY THE BOARD OR IMPOSED
DIRECTLY BY THE BOARD OF ELECTIONS.
  4. EACH SUCH STATEMENT IN SUBDIVISION  THREE  OF  THIS  SECTION  SHALL
INCLUDE, IN ADDITION TO ANY OTHER INFORMATION REQUIRED BY LAW:
  (A)  THE  NAME,  ADDRESS, OCCUPATION AND EMPLOYER OF THE PERSON MAKING
THE STATEMENT;
  (B) THE NAME, ADDRESS, OCCUPATION AND EMPLOYER OF  THE  PERSON  MAKING
THE INDEPENDENT EXPENDITURE;
  (C) THE NAME, ADDRESS, OCCUPATION AND EMPLOYER OF ANY PERSON PROVIDING
A  CONTRIBUTION,  GIFT, LOAN, ADVANCE OR DEPOSIT OF ONE THOUSAND DOLLARS
OR MORE FOR THE INDEPENDENT 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
CONTRIBUTION, GIFT, LOAN, ADVANCE OR DEPOSIT TO  A  LABOR  ORGANIZATION;
AND  PROVIDED  FURTHER  THAT  THE  NAME  AND ADDRESS OF AN EMPLOYEE OF A
CORPORATION, UNINCORPORATED BUSINESS ENTITY OR A MEMBER OF  A  BUSINESS,
TRADE  OR PROFESSIONAL ASSOCIATION OR ORGANIZATION IS NOT REQUIRED FOR A
CONTRIBUTION, GIFT, LOAN, ADVANCE OR DEPOSIT TO SUCH CORPORATION,  UNIN-
CORPORATED  BUSINESS  ENTITY  OR BUSINESS, TRADE OR PROFESSIONAL ASSOCI-
ATION OR ORGANIZATION RESPECTIVELY;

S. 6355--A                         36                         A. 8555--A

  (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 POLITICAL COMMUNICATIONS PAID FOR BY THE  INDEPENDENT
EXPENDITURE,  INCLUDING BUT NOT LIMITED TO BROADCAST, CABLE OR SATELLITE
SCHEDULES AND SCRIPTS,  ADVERTISEMENTS,  PAMPHLETS,  CIRCULARS,  FLYERS,
BROCHURES, LETTERHEADS AND OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
MATION  CONVEYED  TO  ONE  THOUSAND  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 THIS SECTION.
  6. EVERY STATEMENT REQUIRED TO BE FILED PURSUANT TO THIS SECTION SHALL
BE FILED ELECTRONICALLY WITH THE STATE BOARD OF ELECTIONS.
  7. 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  5.  Subdivision 3 of section 14-124 of the election law, as amended
by chapter 71 of the laws of 1988, is amended to read as follows:
  3. The contribution and receipt limits of this article shall not apply
to monies received and expenditures made by a party committee or consti-
tuted committee to maintain a permanent headquarters and staff and carry
on ordinary activities which are not for the express purpose of  promot-
ing the candidacy of specific candidates, EXCEPT THAT CONTRIBUTIONS MADE
FOR  SUCH ACTIVITIES TO A PARTY COMMITTEE OR CONSTITUTED COMMITTEE SHALL
BE LIMITED TO TWENTY-FIVE THOUSAND DOLLARS IN THE  AGGREGATE  FROM  EACH
CONTRIBUTOR IN EACH YEAR.
  S  6.  Section  14-126 of the election law, as amended by section 3 of
part E of chapter 399 of the  laws  of  2011,  is  amended  to  read  as
follows:
  S 14-126. Violations; penalties. 1. (A) 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 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] CHIEF ENFORCEMENT  COUN-
SEL  PURSUANT  TO THIS CHAPTER OR IMPOSED DIRECTLY BY THE STATE BOARD OF
ELECTIONS.  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 penal-
ty, not in excess of ten thousand dollars, to be recoverable as provided
for in this subdivision.
  (B) FINES AUTHORIZED TO BE IMPOSED DIRECTLY  BY  THE  STATE  BOARD  OF
ELECTIONS  SHALL  BE  AFTER  A  HEARING  AT  WHICH THE SUBJECT PERSON OR
AUTHORIZED COMMITTEE SHALL BE GIVEN THE OPPORTUNITY TO  BE  HEARD.  SUCH
HEARING  SHALL  BE  HELD  IN  SUCH MANNER AND UPON SUCH NOTICE AS MAY BE
PRESCRIBED BY THE RULES OF THE STATE BOARD OF ELECTIONS. FOR PURPOSES OF
CONDUCTING SUCH HEARINGS, THE STATE BOARD OF ELECTIONS SHALL  BE  DEEMED
TO  BE AN AGENCY WITHIN THE MEANING OF ARTICLE THREE OF THE STATE ADMIN-
ISTRATIVE PROCEDURE ACT AND SHALL ADOPT RULES GOVERNING THE  CONDUCT  OF
ADJUDICATORY  PROCEEDINGS  AND  APPEALS  TAKEN  PURSUANT TO A PROCEEDING
COMMENCED UNDER ARTICLE SEVENTY-EIGHT OF  THE  CIVIL  PRACTICE  LAW  AND
RULES  RELATING  TO  THE ASSESSMENT OF THE CIVIL PENALTIES AUTHORIZED IN
THIS SECTION.
  (C) ALL PAYMENTS RECEIVED BY THE STATE BOARD OF ELECTIONS PURSUANT  TO
THIS SECTION SHALL BE RETAINED IN THE APPROPRIATE ACCOUNTS AS DESIGNATED

S. 6355--A                         37                         A. 8555--A

BY THE DIVISION OF THE BUDGET FOR ENFORCEMENT ACTIVITIES BY THE BOARD OF
ELECTIONS.
  2.  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  the  excess
amount plus a fine of up to ten thousand dollars, to be recoverable in a
special  proceeding  or civil action to be brought by the state board of
elections CHIEF ENFORCEMENT COUNSEL OR IMPOSED  DIRECTLY  BY  THE  STATE
BOARD OF ELECTIONS.
  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 CHIEF ENFORCEMENT COUNSEL OR IMPOSED  DIRECTLY  BY  THE  STATE
BOARD OF ELECTIONS.  FOR PURPOSES OF THIS SUBDIVISION, THE TERM "PERSON"
SHALL MEAN A PERSON, GROUP OF PERSONS, CORPORATION, UNINCORPORATED BUSI-
NESS ENTITY, LABOR ORGANIZATION OR BUSINESS, TRADE OR PROFESSIONAL ASSO-
CIATION OR ORGANIZATION OR POLITICAL COMMITTEE.
  4.  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.
  [4.] 5. 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 CLASS A misdemeanor.
  [5.] 6. 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 7. This act shall take effect June 1, 2014.

                                SUBPART D

  Section  1.  The  article heading of article 14 of the election law is
amended to read as follows:
  [Campaign Receipts and Expenditures] CAMPAIGN  RECEIPTS  AND  EXPENDI-
TURES; PUBLIC FINANCING
  S  2. Sections 14-100 through 14-130 of article 14 of the election law
are designated title I and a new title  heading  is  added  to  read  as
follows:
                   CAMPAIGN RECEIPTS AND EXPENDITURES
  S  3.  Section  14-100  of the election law is amended by adding a new
subdivision 16 to read as follows:
  16. "AUTHORIZED COMMITTEE" MEANS THE SINGLE POLITICAL COMMITTEE DESIG-
NATED BY A CANDIDATE TO RECEIVE ALL  CONTRIBUTIONS  AUTHORIZED  BY  THIS
TITLE.
  S  3-a.  Section  3-104 of the election law is amended by adding a new
subdivision 6 to read as follows:

S. 6355--A                         38                         A. 8555--A

  6. THERE SHALL BE A UNIT KNOWN AS THE STATE BOARD OF ELECTIONS  PUBLIC
FINANCING  UNIT  ESTABLISHED  WITHIN THE STATE BOARD OF ELECTIONS, WHICH
SHALL BE  RESPONSIBLE  FOR  ADMINISTERING  AND,  WITH  THE  DIVISION  OF
ELECTION  LAW  ENFORCEMENT,  ENFORCING  THE  REQUIREMENTS  OF THE PUBLIC
FINANCING  SYSTEM  SET  FORTH  IN  TITLE TWO OF ARTICLE FOURTEEN OF THIS
CHAPTER.
  S 3-b. Subdivision 2 of section 14-108 of the election law, as amended
by chapter 109 of the laws of 1997, is amended to read as follows:
  2. Each statement shall cover the  period  up  to  and  including  the
fourth  day  next  preceding  the day specified for the filing thereof[;
provided, however, that]. THE RECEIPT OF ANY  CONTRIBUTION  OR  LOAN  IN
EXCESS  OF  ONE  THOUSAND  DOLLARS SHALL BE DISCLOSED WITHIN FORTY-EIGHT
HOURS OF RECEIPT, AND SHALL BE REPORTED IN THE SAME MANNER AS ANY  OTHER
CONTRIBUTION  OR  LOAN  ON  THE  NEXT APPLICABLE STATEMENT. HOWEVER, any
contribution or loan in excess of  one  thousand  dollars,  if  received
after  the close of the period to be covered in the last statement filed
before  any  primary,  general  or  special  election  but  before  such
election,  shall be reported, in the same manner as other contributions,
within twenty-four hours after receipt.
  S 4. Subdivisions 1 and 10 of section  14-114  of  the  election  law,
subdivision  1  as  amended and subdivision 10 as added by chapter 79 of
the laws of 1992 and paragraphs a and b of subdivision 1 as  amended  by
chapter 659 of the laws of 1994, are amended to read as follows:
  1.  The following limitations apply to all contributions to candidates
for election to any public office or for nomination for any such office,
or for election to any party positions,  and  to  all  contributions  to
political  committees  working directly or indirectly with any candidate
to aid or participate in such candidate's nomination or election,  other
than any contributions to any party committee or constituted committee:
  a. In any election for a public office to be voted on by the voters of
the  entire  state, or for nomination to any such office, no contributor
may make a contribution to any candidate or political committee  PARTIC-
IPATING  IN  THE  STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM AS DEFINED IN
TITLE TWO OF THIS ARTICLE, and no SUCH candidate or political  committee
may accept any contribution from any contributor, which is in the aggre-
gate  amount  greater than:  (i) in the case of any nomination to public
office, the product of the total number of enrolled voters in the candi-
date's party in the state, excluding voters in inactive  status,  multi-
plied  by  $.005,  but such amount shall be not [less than four thousand
dollars nor] more than [twelve] SIX thousand dollars  [as  increased  or
decreased  by  the cost of living adjustment described in paragraph c of
this subdivision,] and (ii) in the case of  any  election  to  [a]  SUCH
public  office,  [twenty-five]  SIX  thousand  dollars  [as increased or
decreased by the cost of living adjustment described in paragraph  c  of
this  subdivision];  provided however, that the maximum amount which may
be so contributed or accepted, in the aggregate,  from  any  candidate's
child,  parent,  grandparent,  brother and sister, and the spouse of any
such persons, shall not exceed in the case of any nomination  to  public
office  an  amount  equivalent  to the product of the number of enrolled
voters in the candidate's party in the state, excluding voters in  inac-
tive  status, multiplied by $.025, and in the case of any election for a
public office, an amount equivalent to the  product  of  the  number  of
registered  voters  in  the  state  excluding voters in inactive status,
multiplied by $.025.
  b. In any other election for party  position  or  for  election  to  a
public  office or for nomination for any such office, no contributor may

S. 6355--A                         39                         A. 8555--A

make a contribution to any candidate or political committee  PARTICIPAT-
ING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM DEFINED IN TITLE TWO
OF  THIS ARTICLE (FOR THOSE OFFICES OR POSITIONS COVERED BY THAT SYSTEM)
and no SUCH candidate or political committee may accept any contribution
from any contributor, which is in the aggregate amount greater than: (i)
in  the  case  of  any election for party position, or for nomination to
public office, the product of the total number of enrolled voters in the
candidate's party in the district in which he is a candidate,  excluding
voters  in  inactive status, multiplied by $.05, and (ii) in the case of
any election for a public office, the product of  the  total  number  of
registered  voters in the district, excluding voters in inactive status,
multiplied by $.05, however in the case of a nomination within the  city
of  New  York  for  the office of mayor, public advocate or comptroller,
such amount shall be not less than four thousand dollars nor  more  than
twelve  thousand dollars as increased or decreased by the cost of living
adjustment described in paragraph [c] E of this subdivision; in the case
of an election within the city of New York  for  the  office  of  mayor,
public   advocate   or  comptroller,  twenty-five  thousand  dollars  as
increased or decreased by the cost of  living  adjustment  described  in
paragraph  [c]  E  of  this  subdivision; in the case of a nomination OR
ELECTION for state senator,  four  thousand  dollars  [as  increased  or
decreased  by  the cost of living adjustment described in paragraph c of
this subdivision; in the case of an  election  for  state  senator,  six
thousand two hundred fifty dollars as increased or decreased by the cost
of  living  adjustment described in paragraph c of this subdivision]; in
the case of an election or nomination for  a  member  of  the  assembly,
[twenty-five hundred] TWO THOUSAND dollars [as increased or decreased by
the  cost of living adjustment described in paragraph c of this subdivi-
sion; but in no event shall  any  such  maximum  exceed  fifty  thousand
dollars  or  be  less than one thousand dollars]; provided however, that
the maximum amount which may be  so  contributed  or  accepted,  in  the
aggregate,  from any candidate's child, parent, grandparent, brother and
sister, and the spouse of any such persons, shall not exceed in the case
of any election for party position or nomination for  public  office  an
amount  equivalent  to  the number of enrolled voters in the candidate's
party in the district in which he is a candidate,  excluding  voters  in
inactive  status,  multiplied by $.25 and in the case of any election to
public office, an amount equivalent to the number of  registered  voters
in  the  district,  excluding  voters  in inactive status, multiplied by
$.25; or twelve hundred fifty dollars, whichever is greater, or  in  the
case  of  a  nomination  or election of a state senator, twenty thousand
dollars, whichever is greater,  or  in  the  case  of  a  nomination  or
election  of  a  member  of  the  assembly  twelve thousand five hundred
dollars, whichever is greater, but in no event shall  any  such  maximum
exceed one hundred thousand dollars.
  C.    IN ANY ELECTION FOR A PUBLIC OFFICE TO BE VOTED ON BY THE VOTERS
OF THE ENTIRE STATE, OR FOR NOMINATION TO ANY SUCH OFFICE, NO  CONTRIBU-
TOR  MAY  MAKE A CONTRIBUTION TO ANY CANDIDATE OR POLITICAL COMMITTEE IN
CONNECTION WITH A CANDIDATE WHO IS  NOT  A  PARTICIPATING  CANDIDATE  AS
DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE, AND
NO  SUCH  CANDIDATE  OR  POLITICAL COMMITTEE MAY ACCEPT ANY CONTRIBUTION
FROM ANY CONTRIBUTOR, WHICH IS IN THE  AGGREGATE  AMOUNT  GREATER  THAN:
(I)  IN  THE CASE OF ANY NOMINATION TO PUBLIC OFFICE, THE PRODUCT OF THE
TOTAL NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN  THE  STATE,
EXCLUDING  VOTERS  IN  INACTIVE  STATUS,  MULTIPLIED  BY $.005, BUT SUCH
AMOUNT SHALL BE NOT LESS THAN FOUR THOUSAND DOLLARS NOR  MORE  THAN  TEN

S. 6355--A                         40                         A. 8555--A

THOUSAND  DOLLARS,  AND  (II)  IN  THE  CASE OF ANY ELECTION TO A PUBLIC
OFFICE, FIFTEEN THOUSAND DOLLARS; PROVIDED  HOWEVER,  THAT  THE  MAXIMUM
AMOUNT  WHICH  MAY BE SO CONTRIBUTED OR ACCEPTED, IN THE AGGREGATE, FROM
ANY  CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER AND SISTER, AND THE
SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED IN THE CASE  OF  ANY  NOMI-
NATION  TO  PUBLIC  OFFICE  AN  AMOUNT  EQUIVALENT TO THE PRODUCT OF THE
NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN THE STATE, EXCLUD-
ING VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.025, AND IN THE  CASE  OF
ANY ELECTION FOR A PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE PRODUCT OF
THE  NUMBER  OF REGISTERED VOTERS IN THE STATE EXCLUDING VOTERS IN INAC-
TIVE STATUS, MULTIPLIED BY $.025.
  D. IN ANY OTHER ELECTION FOR PARTY  POSITION  OR  FOR  ELECTION  TO  A
PUBLIC  OFFICE OR FOR NOMINATION FOR ANY SUCH OFFICE, NO CONTRIBUTOR MAY
MAKE  A  CONTRIBUTION  TO  ANY  CANDIDATE  OR  POLITICAL  COMMITTEE   IN
CONNECTION  WITH  A  CANDIDATE  WHO  IS NOT A PARTICIPATING CANDIDATE AS
DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE  AND
NO  SUCH  CANDIDATE  OR  POLITICAL COMMITTEE MAY ACCEPT ANY CONTRIBUTION
FROM ANY CONTRIBUTOR, WHICH IS IN THE AGGREGATE AMOUNT GREATER THAN: (I)
IN THE CASE OF ANY ELECTION FOR PARTY POSITION,  OR  FOR  NOMINATION  TO
PUBLIC OFFICE, THE PRODUCT OF THE TOTAL NUMBER OF ENROLLED VOTERS IN THE
CANDIDATE'S  PARTY IN THE DISTRICT IN WHICH HE IS A CANDIDATE, EXCLUDING
VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.05, AND (II) IN THE  CASE  OF
ANY  ELECTION  FOR  A  PUBLIC OFFICE, THE PRODUCT OF THE TOTAL NUMBER OF
REGISTERED VOTERS IN THE DISTRICT, EXCLUDING VOTERS IN INACTIVE  STATUS,
MULTIPLIED  BY $.05, HOWEVER IN THE CASE OF A NOMINATION WITHIN THE CITY
OF NEW YORK FOR THE OFFICE OF MAYOR,  PUBLIC  ADVOCATE  OR  COMPTROLLER,
SUCH  AMOUNT  SHALL BE NOT LESS THAN FOUR THOUSAND DOLLARS NOR MORE THAN
TWELVE THOUSAND DOLLARS AS INCREASED OR DECREASED BY THE COST OF  LIVING
ADJUSTMENT  DESCRIBED IN PARAGRAPH E OF THIS SUBDIVISION; IN THE CASE OF
AN ELECTION WITHIN THE CITY OF NEW YORK FOR THE OFFICE OF MAYOR,  PUBLIC
ADVOCATE  OR  COMPTROLLER,  TWENTY-FIVE THOUSAND DOLLARS AS INCREASED OR
DECREASED BY THE COST OF LIVING ADJUSTMENT DESCRIBED IN PARAGRAPH  E  OF
THIS  SUBDIVISION;  IN  THE  CASE  OF A NOMINATION OR ELECTION FOR STATE
SENATOR, FIVE THOUSAND DOLLARS; IN THE CASE OF AN ELECTION OR NOMINATION
FOR A MEMBER OF THE ASSEMBLY, THREE THOUSAND DOLLARS; PROVIDED  HOWEVER,
THAT  THE MAXIMUM AMOUNT WHICH MAY BE SO CONTRIBUTED OR ACCEPTED, IN THE
AGGREGATE, FROM ANY CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER  AND
SISTER, AND THE SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED IN THE CASE
OF  ANY  ELECTION  FOR PARTY POSITION OR NOMINATION FOR PUBLIC OFFICE AN
AMOUNT EQUIVALENT TO THE NUMBER OF ENROLLED VOTERS  IN  THE  CANDIDATE'S
PARTY  IN  THE  DISTRICT IN WHICH HE IS A CANDIDATE, EXCLUDING VOTERS IN
INACTIVE STATUS, MULTIPLIED BY $.25 AND IN THE CASE OF ANY  ELECTION  TO
PUBLIC  OFFICE,  AN AMOUNT EQUIVALENT TO THE NUMBER OF REGISTERED VOTERS
IN THE DISTRICT, EXCLUDING VOTERS  IN  INACTIVE  STATUS,  MULTIPLIED  BY
$.25;  OR  TWELVE HUNDRED FIFTY DOLLARS, WHICHEVER IS GREATER, OR IN THE
CASE OF A NOMINATION OR ELECTION OF A  STATE  SENATOR,  TWENTY  THOUSAND
DOLLARS,  WHICHEVER  IS  GREATER,  OR  IN  THE  CASE  OF A NOMINATION OR
ELECTION OF A MEMBER  OF  THE  ASSEMBLY  TWELVE  THOUSAND  FIVE  HUNDRED
DOLLARS,  WHICHEVER  IS  GREATER, BUT IN NO EVENT SHALL ANY SUCH MAXIMUM
EXCEED ONE HUNDRED THOUSAND DOLLARS.
  E. At the beginning of each fourth calendar year, commencing in [nine-
teen hundred ninety-five] TWO THOUSAND TWENTY-ONE, the state board shall
determine the percentage of  the  difference  between  the  most  recent
available monthly consumer price index for all urban consumers published
by  the United States bureau of labor statistics and such consumer price
index published for the same month four years previously. The amount  of

S. 6355--A                         41                         A. 8555--A

each contribution limit fixed AND EXPRESSLY IDENTIFIED FOR ADJUSTMENT in
this  subdivision  shall  be  adjusted  by the amount of such percentage
difference to the closest one hundred dollars by the state board  which,
not  later than the first day of February in each such year, shall issue
a regulation publishing the amount of each such contribution limit. Each
contribution limit as so adjusted shall be  the  contribution  limit  in
effect for any election held before the next such adjustment.
  F.  EACH  PARTY  OR CONSTITUTED COMMITTEE MAY TRANSFER TO, OR SPEND TO
ELECT OR OPPOSE A CANDIDATE, OR TRANSFER TO ANOTHER PARTY OR CONSTITUTED
COMMITTEE, NO MORE THAN FIVE THOUSAND DOLLARS PER ELECTION, EXCEPT  THAT
SUCH COMMITTEE MAY IN ADDITION TO SUCH TRANSFERS OR EXPENDITURES:
  (I) IN A GENERAL OR SPECIAL ELECTION TRANSFER TO, OR SPEND TO ELECT OR
OPPOSE A CANDIDATE, NO MORE THAN FIVE HUNDRED DOLLARS RECEIVED FROM EACH
CONTRIBUTOR; AND
  (II)  IN  ANY  ELECTION  SPEND  WITHOUT  LIMITATION  FOR NON-CANDIDATE
EXPENDITURES NOT DESIGNED OR INTENDED TO ELECT A PARTICULAR CANDIDATE OR
CANDIDATES.
  G. NOTWITHSTANDING ANY  OTHER  CONTRIBUTION  LIMIT  IN  THIS  SECTION,
PARTICIPATING  CANDIDATES  AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION
14-200-A OF THIS ARTICLE MAY CONTRIBUTE, OUT OF THEIR OWN  MONEY,  THREE
TIMES  THE APPLICABLE CONTRIBUTION LIMIT TO THEIR OWN AUTHORIZED COMMIT-
TEE.
  10. [a.] No contributor may make a contribution to a party or  consti-
tuted committee and no such committee may accept a contribution from any
contributor which, in the aggregate, is greater than [sixty-two thousand
five hundred] TWENTY-FIVE THOUSAND dollars per annum.
  [b. At the beginning of each fourth calendar year, commencing in nine-
teen hundred ninety-five, the state board shall determine the percentage
of  the  difference  between  the most recent available monthly consumer
price index for all urban  consumers  published  by  the  United  States
bureau  of  labor statistics and such consumer price index published for
the same month four years previously. The amount  of  such  contribution
limit  fixed in paragraph a of this subdivision shall be adjusted by the
amount of such percentage difference to the closest one hundred  dollars
by  the  state  board which, not later than the first day of February in
each such year, shall issue a regulation publishing the amount  of  such
contribution  limit. Such contribution limit as so adjusted shall be the
contribution limit in effect for any election held before the next  such
adjustment.]
  S 5. Section 14-116 of the election law, subdivision 1 as redesignated
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 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 organization, 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,

S. 6355--A                         42                         A. 8555--A

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  may  make expenditures, including contrib-
utions, not otherwise prohibited by law, for political purposes,  in  an
amount not to exceed [five] ONE 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 6. Section 14-130 of the election law, as added by  chapter  152  of
the laws of 1985, is amended to read as follows:
  S  14-130. Campaign funds for personal use.  1. Contributions received
by a candidate or a political committee may be expended for  any  lawful
purpose THAT IS DIRECTLY RELATED TO PROMOTING THE NOMINATION OR ELECTION
OF A CANDIDATE OR THE EXECUTION OF DUTIES ASSOCIATED WITH THE HOLDING OF
A PUBLIC OFFICE OR PARTY POSITION.  Such funds shall not be converted by
any person to a personal use [which is unrelated to a political campaign
or the holding of a public office or party position].
  2.  NO CONTRIBUTION SHALL BE USED TO PAY INTEREST OR ANY OTHER FINANCE
CHARGES UPON MONIES LOANED TO THE CAMPAIGN  BY  SUCH  CANDIDATE  OR  THE
SPOUSE OF SUCH CANDIDATE.
  3.  (A)  AS  USED IN THIS SECTION, EXPENDITURES FOR "PERSONAL USE" ARE
DEFINED AS EXPENDITURES THAT ARE EXCLUSIVELY FOR THE PERSONAL BENEFIT OF
THE CANDIDATE OR ANY OTHER INDIVIDUAL,  AND  ARE  USED  TO  FULFILL  ANY
COMMITMENT,  OBLIGATION,  OR  EXPENSE OF A PERSON THAT WOULD EXIST IRRE-
SPECTIVE OF THE CANDIDATE'S ELECTION CAMPAIGN OR THE  EXECUTION  OF  THE
DUTIES  OF PUBLIC OFFICE OR THE EXECUTION OF THE DUTIES OF A PARTY OFFI-
CIAL.
  (B) EXPENDITURES FOR PERSONAL USE SHALL INCLUDE, BUT ARE  NOT  LIMITED
TO, EXPENSES FOR THE FOLLOWING:
  (I)  ANY  RESIDENTIAL  OR  HOUSEHOLD  ITEMS, SUPPLIES OR EXPENDITURES,
INCLUDING MORTGAGE, RENT  OR  UTILITY  PAYMENTS  FOR  ANY  PART  OF  ANY
PERSONAL  RESIDENCE  OF  A  CANDIDATE OR OFFICEHOLDER OR A MEMBER OF THE
CANDIDATE'S OR OFFICEHOLDER'S FAMILY THAT ARE NOT INCURRED AS  A  RESULT
OF, OR TO FACILITATE, THE INDIVIDUAL'S CAMPAIGN, OR THE EXECUTION OF HIS
OR HER PUBLIC DUTIES. IN THE EVENT THAT ANY PROPERTY OR BUILDING IS USED
FOR  BOTH  PERSONAL  AND  CAMPAIGN  USE,  PERSONAL  USE SHALL CONSTITUTE
EXPENSES THAT EXCEED THE PRO-RATED AMOUNT FOR  SUCH  EXPENSES  BASED  ON
FAIR-MARKET VALUE.
  (II)  MORTGAGE,  RENT,  OR  UTILITY  PAYMENTS FOR ANY PART OF ANY NON-
RESIDENTIAL PROPERTY THAT IS OWNED BY A CANDIDATE OR OFFICEHOLDER  OR  A
MEMBER  OF  A CANDIDATE'S OR OFFICEHOLDER'S FAMILY AND USED FOR CAMPAIGN
PURPOSES, TO THE EXTENT THE PAYMENTS EXCEED THE FAIR MARKET VALUE OF THE
PROPERTY'S USAGE FOR CAMPAIGN ACTIVITIES;
  (III) CLOTHING, OTHER THAN ITEMS THAT ARE USED IN THE CAMPAIGN;
  (IV) TUITION PAYMENTS;
  (V) CHILDCARE COSTS;
  (VI) DUES, FEES, OR GRATUITIES AT A COUNTRY CLUB, HEALTH CLUB,  RECRE-
ATIONAL  FACILITY  OR  OTHER  NONPOLITICAL ORGANIZATION, UNLESS THEY ARE
PART OF A SPECIFIC FUNDRAISING EVENT THAT TAKES PLACE ON  THE  ORGANIZA-
TION'S PREMISES;

S. 6355--A                         43                         A. 8555--A

  (VII)  SALARY  PAYMENTS  OR  OTHER COMPENSATION PROVIDED TO ANY PERSON
WHOSE SERVICES ARE NOT SOLELY  FOR  CAMPAIGN  PURPOSES  OR  PROVIDED  IN
CONNECTION WITH THE EXECUTION OF THE DUTIES OF PUBLIC OFFICE;
  (VIII) SALARY PAYMENTS OR OTHER COMPENSATION PROVIDED TO A MEMBER OF A
CANDIDATE'S  FAMILY,  UNLESS  THE  FAMILY  MEMBER IS PROVIDING BONA FIDE
SERVICES TO THE CAMPAIGN. IF A FAMILY MEMBER PROVIDES BONA FIDE SERVICES
TO A CAMPAIGN, ANY SALARY PAYMENTS OR OTHER COMPENSATION  IN  EXCESS  OF
THE  FAIR  MARKET  VALUE  OF  THE  SERVICES PROVIDED SHALL BE CONSIDERED
PAYMENTS FOR PERSONAL USE;
  (IX) ADMISSION TO A SPORTING EVENT, CONCERT, THEATER, OR OTHER FORM OF
ENTERTAINMENT, UNLESS SUCH EVENT IS PART OF A CAMPAIGN  OR  OFFICEHOLDER
ACTIVITY;
  (X)  PAYMENT OF ANY FINES OR PENALTIES ASSESSED PURSUANT TO THIS CHAP-
TER OR IN CONNECTION WITH A CRIMINAL CONVICTION OR BY THE JOINT  COMMIS-
SION FOR PUBLIC ETHICS OR THE LEGISLATIVE ETHICS COMMISSION;
  (XI)  TRAVEL EXPENSES INCLUDING AUTOMOBILE PURCHASES OR LEASES, UNLESS
USED SOLELY FOR CAMPAIGN PURPOSES OR IN CONNECTION WITH THE EXECUTION OF
THE DUTIES OF PUBLIC OFFICE. IF A CANDIDATE USES CAMPAIGN FUNDS  TO  PAY
EXPENSES  ASSOCIATED  WITH TRAVEL THAT INVOLVES BOTH PERSONAL ACTIVITIES
AND CAMPAIGN ACTIVITIES OR OFFICIAL  DUTIES,  THE  INCREMENTAL  EXPENSES
THAT  RESULT  FROM  THE  PERSONAL  ACTIVITIES  SHALL  BE  CONSIDERED FOR
PERSONAL USE UNLESS THE PERSON OR PERSONS BENEFITING FROM THE USE  REIM-
BURSE OR REIMBURSES THE CAMPAIGN ACCOUNT WITHIN NINETY DAYS FOR THE FULL
AMOUNT OF THE INCREMENTAL EXPENSES; AND
  (XII) ANY OTHER EXPENDITURE DESIGNATED BY THE STATE BOARD OF ELECTIONS
AS CONSTITUTING PERSONAL USE.
  4.  NOTHING IN THIS SECTION SHALL PROHIBIT A CANDIDATE FROM PURCHASING
EQUIPMENT OR PROPERTY FROM HIS OR HER  PERSONAL  FUNDS  AND  LEASING  OR
RENTING  SUCH  EQUIPMENT  OR PROPERTY TO A COMMITTEE WORKING DIRECTLY OR
INDIRECTLY WITH HIM TO AID OR PARTICIPATE IN HIS OR  HER  NOMINATION  OR
ELECTION,  INCLUDING  AN EXPLORATORY COMMITTEE, PROVIDED THAT THE CANDI-
DATE AND HIS OR HER CAMPAIGN TREASURER SIGN A WRITTEN  LEASE  OR  RENTAL
AGREEMENT. SUCH AGREEMENT SHALL INCLUDE THE LEASE OR RENTAL PRICE, WHICH
SHALL  NOT  EXCEED  THE FAIR LEASE OR RENTAL VALUE OF THE EQUIPMENT. THE
CANDIDATE SHALL NOT RECEIVE LEASE  OR  RENTAL  PAYMENTS  WHICH,  IN  THE
AGGREGATE, EXCEED THE COST OF PURCHASING THE EQUIPMENT OR PROPERTY.
  5.  NOTHING  IN  THIS SECTION SHALL PROHIBIT AN ELECTED PUBLIC OFFICE-
HOLDER FROM USING CAMPAIGN  CONTRIBUTIONS  TO  FACILITATE,  SUPPORT,  OR
OTHERWISE ASSIST IN THE EXECUTION OR PERFORMANCE OF THE DUTIES OF HIS OR
HER PUBLIC OFFICE.
  6.  THE  STATE  BOARD  OF ELECTIONS SHALL ISSUE ADVISORY OPINIONS FROM
TIME TO TIME UPON REQUEST TO ADDRESS THE APPLICATION OF THIS SECTION.
  S 7. Article 14 of the election law is amended by adding a  new  title
II to read as follows:
                                TITLE II
                            PUBLIC FINANCING
SECTION 14-200.   LEGISLATIVE FINDINGS AND INTENT.
        14-200-A. DEFINITIONS.
        14-201.   REPORTING REQUIREMENTS.
        14-202.   CONTRIBUTIONS.
        14-203.   PROOF OF COMPLIANCE.
        14-204.   ELIGIBILITY.
        14-205.   LIMITS ON PUBLIC FINANCING.
        14-206.   PAYMENT OF PUBLIC MATCHING FUNDS.
        14-207.   USE  OF  PUBLIC  MATCHING  FUNDS;  QUALIFIED  CAMPAIGN
                    EXPENDITURES.

S. 6355--A                         44                         A. 8555--A

        14-208.   POWERS AND DUTIES OF BOARD.
        14-209.   AUDITS AND REPAYMENTS.
        14-210.   ENFORCEMENT  AND  PENALTIES  FOR  VIOLATIONS AND OTHER
                    PROCEEDINGS.
        14-211.   REPORTS.
        14-212.   DEBATES FOR CANDIDATES FOR STATEWIDE OFFICE.
        14-213.   SEVERABILITY.
  S 14-200. LEGISLATIVE FINDINGS AND INTENT.  THE LEGISLATURE FINDS THAT
REFORM OF NEW YORK STATE'S CAMPAIGN FINANCE SYSTEM IS CRUCIAL TO IMPROV-
ING PUBLIC CONFIDENCE IN THE STATE'S DEMOCRATIC PROCESSES AND CONTINUING
TO ENSURE A GOVERNMENT THAT IS ACCOUNTABLE TO ALL OF THE VOTERS  OF  THE
STATE  REGARDLESS  OF WEALTH OR POSITION. THE LEGISLATURE FINDS THAT NEW
YORK'S CURRENT SYSTEM OF CAMPAIGN FINANCE, WITH ITS LARGE  CONTRIBUTIONS
TO CANDIDATES FOR OFFICE AND PARTY COMMITTEES, HAS CREATED THE POTENTIAL
FOR  AND  THE  APPEARANCE OF CORRUPTION.   THE LEGISLATURE FURTHER FINDS
THAT, WHETHER OR NOT THIS SYSTEM CREATES ACTUAL CORRUPTION, THE  APPEAR-
ANCE  OF  SUCH  CORRUPTION CAN GIVE RISE TO A DISTRUST IN GOVERNMENT AND
CITIZEN APATHY THAT UNDERMINE THE DEMOCRATIC OPERATION OF THE  POLITICAL
PROCESS.
  THE LEGISLATURE ALSO FINDS THAT THE HIGH COST OF RUNNING FOR OFFICE IN
NEW  YORK  DISCOURAGES  QUALIFIED CANDIDATES FROM RUNNING FOR OFFICE AND
CREATES AN ELECTORAL SYSTEM THAT ENCOURAGES CANDIDATES TO SPEND TOO MUCH
TIME RAISING MONEY RATHER THAN ATTENDING TO THE DUTIES OF THEIR  OFFICE,
REPRESENTING  THE  NEEDS  OF  THEIR CONSTITUENTS, AND COMMUNICATING WITH
VOTERS.
  THE LEGISLATURE AMENDS THIS CHAPTER CREATING A NEW TITLE TWO TO  ARTI-
CLE  FOURTEEN  OF  THIS CHAPTER TO REDUCE THE POSSIBILITY AND APPEARANCE
THAT SPECIAL INTERESTS EXERCISE UNDUE INFLUENCE OVER STATE OFFICIALS; TO
INCREASE THE ACTUAL AND APPARENT RESPONSIVENESS OF ELECTED OFFICIALS  TO
ALL  VOTERS; TO ENCOURAGE QUALIFIED CANDIDATES TO RUN FOR OFFICE; AND TO
REDUCE THE PRESSURE ON CANDIDATES TO SPEND LARGE AMOUNTS OF TIME RAISING
LARGE CONTRIBUTIONS FOR THEIR CAMPAIGNS.
  THE LEGISLATURE FINDS THAT THIS ARTICLE'S LIMITATIONS ON CONTRIBUTIONS
FURTHER  THE  GOVERNMENT'S  INTEREST  IN  REDUCING  REAL  AND   APPARENT
CORRUPTION  AND  IN  BUILDING TRUST IN GOVERNMENT. THE LEGISLATURE FINDS
THAT THE CONTRIBUTION LEVELS ARE SUFFICIENTLY HIGH TO  ALLOW  CANDIDATES
AND  POLITICAL PARTIES TO RAISE ENOUGH MONEY TO RUN EFFECTIVE CAMPAIGNS.
IN ADDITION, THE LEGISLATURE FINDS THAT GRADUATED  CONTRIBUTION  LIMITA-
TIONS REFLECT THE CAMPAIGN NEEDS OF CANDIDATES FOR DIFFERENT OFFICES.
  THE LEGISLATURE ALSO FINDS THAT THE SYSTEM OF VOLUNTARY PUBLIC FINANC-
ING  FURTHERS  THE GOVERNMENT'S INTEREST IN ENCOURAGING QUALIFIED CANDI-
DATES TO RUN FOR OFFICE. THE LEGISLATURE FINDS THAT THE VOLUNTARY PUBLIC
FUNDING PROGRAM WILL ENLARGE THE  PUBLIC  DEBATE  AND  INCREASE  PARTIC-
IPATION  IN  THE  DEMOCRATIC PROCESS. IN ADDITION, THE LEGISLATURE FINDS
THAT THE VOLUNTARY EXPENDITURE LIMITATIONS  AND  MATCHING  FUND  PROGRAM
REDUCE  THE BURDEN ON CANDIDATES AND OFFICEHOLDERS TO SPEND TIME RAISING
MONEY FOR THEIR CAMPAIGNS.
  THEREFORE, THE LEGISLATURE DECLARES THAT THESE AMENDMENTS FURTHER  THE
IMPORTANT  AND  VALID  GOVERNMENT  INTERESTS  OF  REDUCING VOTER APATHY,
BUILDING CONFIDENCE IN GOVERNMENT, REDUCING THE REALITY  AND  APPEARANCE
OF  CORRUPTION,  AND ENCOURAGING QUALIFIED CANDIDATES TO RUN FOR OFFICE,
WHILE REDUCING CANDIDATES' AND OFFICEHOLDERS' FUNDRAISING BURDENS.
  S 14-200-A. DEFINITIONS.  FOR THE PURPOSES OF THIS TITLE, THE  FOLLOW-
ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  THE  TERM  "AUTHORIZED  COMMITTEE" SHALL MEAN THE SINGLE COMMITTEE
DESIGNATED BY A CANDIDATE PURSUANT TO SECTION 14-201 OF  THIS  TITLE  TO

S. 6355--A                         45                         A. 8555--A

RECEIVE  CONTRIBUTIONS  AND  MAKE  EXPENDITURES IN SUPPORT OF THE CANDI-
DATE'S CAMPAIGN.
  2. THE TERM "BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
  3.  THE  TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS APPEARS IN
SUBDIVISION NINE OF SECTION 14-100 OF THIS ARTICLE.
  4. THE TERM "CONTRIBUTOR" SHALL MEAN ANY PERSON OR ENTITY THAT MAKES A
CONTRIBUTION.
  5. THE TERM "COVERED ELECTION" SHALL MEAN  ANY  PRIMARY,  GENERAL,  OR
SPECIAL ELECTION FOR NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE
OF  GOVERNOR,  LIEUTENANT GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER,
STATE SENATOR, OR MEMBER OF THE ASSEMBLY.
  6. THE TERM "ELECTION CYCLE" SHALL MEAN THE TWO YEAR  PERIOD  STARTING
THE  DAY  AFTER  THE  LAST GENERAL ELECTION FOR CANDIDATES FOR THE STATE
LEGISLATURE AND SHALL MEAN THE FOUR YEAR PERIOD STARTING AFTER  THE  DAY
AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR STATEWIDE OFFICE.
  7.  THE TERM "EXPENDITURE" SHALL MEAN ANY GIFT, SUBSCRIPTION, ADVANCE,
PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF VALUE, OR A CONTRACT TO MAKE
ANY GIFT, SUBSCRIPTION, PAYMENT, OR DEPOSIT  OF  MONEY  OR  ANYTHING  OF
VALUE, MADE IN CONNECTION WITH THE NOMINATION FOR ELECTION, OR ELECTION,
OF  ANY  CANDIDATE.   EXPENDITURES MADE BY CONTRACT ARE DEEMED MADE WHEN
SUCH FUNDS ARE OBLIGATED.
  8. THE TERM "FUND" SHALL MEAN THE  NEW  YORK  STATE  CAMPAIGN  FINANCE
FUND.
  9.  THE TERM "IMMEDIATE FAMILY" SHALL MEAN A SPOUSE, CHILD, SIBLING OR
PARENT.
  10. THE TERM "INTERMEDIARY" SHALL  MEAN  AN  INDIVIDUAL,  CORPORATION,
PARTNERSHIP,  POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER ENTITY
WHICH BUNDLES, CAUSES TO BE DELIVERED OR OTHERWISE DELIVERS ANY CONTRIB-
UTION FROM ANOTHER PERSON OR ENTITY TO A CANDIDATE OR AUTHORIZED COMMIT-
TEE, OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL,  DELIVERY
OR  MESSENGER SERVICE.   PROVIDED, HOWEVER, THAT AN "INTERMEDIARY" SHALL
NOT INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS, CHILDREN OR SIBLINGS OF
THE PERSON MAKING SUCH CONTRIBUTION OR A STAFF MEMBER  OR  VOLUNTEER  OF
THE CAMPAIGN IDENTIFIED IN WRITING TO THE STATE BOARD OF ELECTIONS. HERE
"CAUSES  TO  BE DELIVERED" SHALL INCLUDE PROVIDING POSTAGE, ENVELOPES OR
OTHER SHIPPING MATERIALS FOR THE USE OF DELIVERING THE  CONTRIBUTION  TO
THE ULTIMATE RECIPIENT.
  11.  THE  TERM  "ITEM  WITH  SIGNIFICANT INTRINSIC AND ENDURING VALUE"
SHALL MEAN ANY ITEM, INCLUDING TICKETS TO AN EVENT, THAT ARE  VALUED  AT
TWENTY-FIVE DOLLARS OR MORE.
  12.  (A)  THE TERM "MATCHABLE CONTRIBUTION" SHALL MEAN A CONTRIBUTION,
CONTRIBUTIONS OR A PORTION OF A CONTRIBUTION OR  CONTRIBUTIONS  FOR  ANY
COVERED  ELECTIONS  HELD  IN  THE SAME ELECTION CYCLE, MADE BY A NATURAL
PERSON WHO IS A UNITED STATES CITIZEN AND RESIDENT IN THE STATE  OF  NEW
YORK TO A PARTICIPATING CANDIDATE, THAT HAS BEEN REPORTED IN FULL TO THE
BOARD  IN  ACCORDANCE WITH SECTIONS 14-102 AND 14-104 OF THIS ARTICLE BY
THE CANDIDATE'S AUTHORIZED COMMITTEE AND  HAS  BEEN  CONTRIBUTED  ON  OR
BEFORE  THE  DAY  OF  THE APPLICABLE PRIMARY, GENERAL, RUNOFF OR SPECIAL
ELECTION. ANY CONTRIBUTION, CONTRIBUTIONS, OR A PORTION  OF  A  CONTRIB-
UTION  DETERMINED  TO BE INVALID FOR MATCHING FUNDS BY THE BOARD MAY NOT
BE TREATED AS A MATCHABLE CONTRIBUTION FOR ANY PURPOSE.
  (B) THE FOLLOWING CONTRIBUTIONS ARE NOT MATCHABLE:
  (I) LOANS;
  (II) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;
  (III) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM
WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;

S. 6355--A                         46                         A. 8555--A

  (IV) TRANSFERS FROM A PARTY OR CONSTITUTED COMMITTEE;
  (V) ANONYMOUS CONTRIBUTIONS OR CONTRIBUTIONS WHOSE SOURCE IS NOT ITEM-
IZED AS REQUIRED BY SECTION 14-201 OF THIS TITLE;
  (VI) CONTRIBUTIONS GATHERED DURING A PREVIOUS ELECTION CYCLE;
  (VII) ILLEGAL CONTRIBUTIONS;
  (VIII) CONTRIBUTIONS FROM MINORS;
  (IX) CONTRIBUTIONS FROM VENDORS FOR CAMPAIGNS; AND
  (X)  CONTRIBUTIONS  FROM  LOBBYISTS REGISTERED PURSUANT TO SUBDIVISION
(A) OF SECTION ONE-C OF THE LEGISLATIVE LAW.
  13. THE TERM "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR A
COVERED ELECTION WHO FAILS TO FILE A WRITTEN CERTIFICATION IN  THE  FORM
OF  AN  AFFIDAVIT  UNDER  SECTION 14-204 OF THIS TITLE BY THE APPLICABLE
DEADLINE.
  14. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN  ANY  CANDIDATE  FOR
NOMINATION  FOR  ELECTION, OR ELECTION, TO THE OFFICE OF GOVERNOR, LIEU-
TENANT GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER, STATE SENATOR,  OR
MEMBER  OF THE ASSEMBLY WHO FILES A WRITTEN CERTIFICATION IN THE FORM OF
AN AFFIDAVIT PURSUANT TO SECTION 14-204 OF THIS TITLE.
  15. THE TERM "POST-ELECTION PERIOD" SHALL MEAN THE FIVE YEARS  FOLLOW-
ING AN ELECTION WHEN A CANDIDATE IS SUBJECT TO AN AUDIT.
  16.  THE  TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDI-
TURE FOR WHICH PUBLIC MATCHING FUNDS MAY BE USED.
  17. THE TERM "THRESHOLD FOR ELIGIBILITY"  SHALL  MEAN  THE  AMOUNT  OF
MATCHABLE  CONTRIBUTIONS  THAT  A  CANDIDATE'S AUTHORIZED COMMITTEE MUST
RECEIVE IN TOTAL IN ORDER FOR SUCH CANDIDATE TO  QUALIFY  FOR  VOLUNTARY
PUBLIC FINANCING UNDER THIS TITLE.
  18.  THE  TERM  "TRANSFER"  SHALL MEAN ANY EXCHANGE OF FUNDS BETWEEN A
PARTY OR CONSTITUTED COMMITTEE AND A CANDIDATE OR  ANY  OF  HIS  OR  HER
AUTHORIZED COMMITTEES.
  S  14-201.  REPORTING REQUIREMENTS.   1. POLITICAL COMMITTEE REGISTRA-
TION. POLITICAL COMMITTEES AS DEFINED PURSUANT  TO  SUBDIVISION  ONE  OF
SECTION  14-100  OF  THIS  ARTICLE  SHALL REGISTER WITH THE BOARD BEFORE
MAKING ANY CONTRIBUTION OR EXPENDITURE.  THE BOARD SHALL PUBLISH A CUMU-
LATIVE LIST OF POLITICAL COMMITTEES THAT HAVE REGISTERED,  INCLUDING  ON
ITS WEBPAGE, AND REGULARLY UPDATE IT.
  2.  ONLY  ONE  AUTHORIZED  COMMITTEE PER CANDIDATE PER ELECTIVE OFFICE
SOUGHT.  BEFORE RECEIVING ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR
A COVERED ELECTION, EACH CANDIDATE SHALL NOTIFY  THE  BOARD  AS  TO  THE
EXISTENCE  OF  HIS OR HER AUTHORIZED COMMITTEE THAT HAS BEEN APPROVED BY
SUCH CANDIDATE. EACH CANDIDATE SHALL HAVE ONE AND  ONLY  ONE  AUTHORIZED
COMMITTEE  PER  ELECTIVE  OFFICE SOUGHT. EACH AUTHORIZED COMMITTEE SHALL
HAVE A TREASURER AND IS SUBJECT TO THE  RESTRICTIONS  FOUND  IN  SECTION
14-112 OF THIS ARTICLE.
  3.  DISCLOSURE  REPORTS.   (A) DETAILED REPORTING. IN ADDITION TO EACH
AUTHORIZED AND POLITICAL COMMITTEE REPORTING TO THE BOARD EVERY CONTRIB-
UTION AND LOAN RECEIVED AND EVERY  EXPENDITURE  MADE  IN  THE  TIME  AND
MANNER PRESCRIBED BY SECTIONS 14-102, 14-104 AND 14-108 OF THIS ARTICLE,
EACH  AUTHORIZED  AND  POLITICAL  COMMITTEE SHALL ALSO SUBMIT DISCLOSURE
REPORTS ON MARCH FIFTEENTH AND  MAY  FIFTEENTH  OF  EACH  ELECTION  YEAR
REPORTING  TO  THE  BOARD EVERY CONTRIBUTION AND LOAN RECEIVED AND EVERY
EXPENDITURE MADE.   FOR CONTRIBUTORS  WHO  MAKE  CONTRIBUTIONS  OF  FIVE
HUNDRED  DOLLARS  OR MORE, EACH AUTHORIZED AND POLITICAL COMMITTEE SHALL
REPORT TO THE  BOARD  THE  OCCUPATION,  AND  BUSINESS  ADDRESS  OF  EACH
CONTRIBUTOR,  LENDER,  AND INTERMEDIARY. THE BOARD SHALL REVISE, PREPARE
AND POST FORMS ON  ITS  WEBPAGE  THAT  FACILITATE  COMPLIANCE  WITH  THE
REQUIREMENTS OF THIS SECTION.

S. 6355--A                         47                         A. 8555--A

  (B)  BOARD REVIEW. THE BOARD'S PUBLIC FINANCING UNIT SHALL REVIEW EACH
DISCLOSURE REPORT  FILED  AND  SHALL  INFORM  AUTHORIZED  AND  POLITICAL
COMMITTEES OF RELEVANT QUESTIONS THE UNIT HAS CONCERNING: (I) COMPLIANCE
WITH  REQUIREMENTS  OF  THIS TITLE AND OF THE RULES ISSUED BY THE BOARD;
AND  (II)  QUALIFICATION FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO
THIS TITLE. IN THE COURSE OF THIS REVIEW, THE UNIT SHALL GIVE AUTHORIZED
AND POLITICAL COMMITTEES AN OPPORTUNITY TO RESPOND TO AND CORRECT POTEN-
TIAL VIOLATIONS AND GIVE CANDIDATES AN OPPORTUNITY TO ADDRESS  QUESTIONS
THE  UNIT  HAS  CONCERNING  THEIR MATCHABLE CONTRIBUTION CLAIMS OR OTHER
ISSUES CONCERNING ELIGIBILITY FOR RECEIVING PUBLIC MATCHING FUNDS PURSU-
ANT TO THIS TITLE. NOTHING IN THIS PARAGRAPH SHALL PRECLUDE THE UNIT  OR
THE BOARD FROM SUBSEQUENTLY REVIEWING SUCH DISCLOSURE REPORTS AND TAKING
ANY ACTION OTHERWISE AUTHORIZED UNDER THIS TITLE.
  (C)  ITEMIZATION. CONTRIBUTIONS THAT ARE NOT ITEMIZED IN REPORTS FILED
WITH THE BOARD SHALL NOT BE MATCHABLE.
  (D) OPTION TO FILE MORE FREQUENTLY. PARTICIPATING CANDIDATES MAY  FILE
REPORTS OF CONTRIBUTIONS AS FREQUENTLY AS ONCE A WEEK ON FRIDAYS SO THAT
THEIR MATCHING FUNDS MAY BE PAID AT THE EARLIEST ALLOWABLE DATE.
  S  14-202. CONTRIBUTIONS.   RECIPIENTS OF FUNDS PURSUANT TO THIS TITLE
SHALL BE SUBJECT TO THE APPLICABLE  CONTRIBUTION  LIMITS  SET  FORTH  IN
SECTION 14-114 OF THIS ARTICLE.
  S  14-203.  PROOF OF COMPLIANCE.   AUTHORIZED AND POLITICAL COMMITTEES
SHALL MAINTAIN SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR  A  COVERED
ELECTION  AS REQUIRED BY THE BOARD.  AUTHORIZED AND POLITICAL COMMITTEES
SHALL OBTAIN AND FURNISH TO THE PUBLIC FINANCING UNIT ANY INFORMATION IT
MAY REQUEST RELATING TO  FINANCIAL  TRANSACTIONS  OR  CONTRIBUTIONS  AND
FURNISH SUCH DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS TITLE
AS  MAY BE REQUESTED. IN COMPLIANCE WITH SECTION 14-108 OF THIS ARTICLE,
AUTHORIZED AND  POLITICAL  COMMITTEES  SHALL  MAINTAIN  COPIES  OF  SUCH
RECORDS FOR A PERIOD OF FIVE YEARS.
  S  14-204.  ELIGIBILITY.   1. TERMS AND CONDITIONS. TO BE ELIGIBLE FOR
VOLUNTARY PUBLIC FINANCING UNDER THIS TITLE, A CANDIDATE MUST:
  (A) BE A CANDIDATE IN A COVERED ELECTION;
  (B) MEET ALL THE REQUIREMENTS OF LAW TO HAVE HIS OR HER  NAME  ON  THE
BALLOT;
  (C)  IN  THE CASE OF A COVERED GENERAL OR SPECIAL ELECTION, BE OPPOSED
BY ANOTHER CANDIDATE ON THE BALLOT WHO IS NOT A WRITE-IN CANDIDATE;
  (D) SUBMIT A CERTIFICATION IN THE FORM OF AN AFFIDAVIT, IN  SUCH  FORM
AS MAY BE PRESCRIBED BY THE BOARD, THAT SETS FORTH HIS OR HER ACCEPTANCE
OF  AND  AGREEMENT  TO  COMPLY  WITH  THE  TERMS  AND CONDITIONS FOR THE
PROVISION OF SUCH FUNDS IN EACH COVERED ELECTION AND SUCH  CERTIFICATION
SHALL  BE SUBMITTED AT LEAST FOUR MONTHS BEFORE THE ELECTION PURSUANT TO
A SCHEDULE PROMULGATED BY THE PUBLIC FINANCING UNIT OF THE BOARD;
  (E) BE CERTIFIED AS A PARTICIPATING CANDIDATE BY THE BOARD;
  (F) NOT MAKE, AND NOT HAVE MADE, EXPENDITURES FROM OR USE HIS  OR  HER
PERSONAL  FUNDS  OR  PROPERTY  OR THE PERSONAL FUNDS OR PROPERTY JOINTLY
HELD WITH HIS OR HER SPOUSE, OR  UNEMANCIPATED  CHILDREN  IN  CONNECTION
WITH  HIS  OR  HER  NOMINATION  ELECTION OR ELECTION TO A COVERED OFFICE
EXCEPT AS A CONTRIBUTION TO HIS OR HER AUTHORIZED COMMITTEE IN AN AMOUNT
THAT EXCEEDS THREE TIMES THE APPLICABLE CONTRIBUTION LIMIT FROM AN INDI-
VIDUAL CONTRIBUTOR TO CANDIDATES FOR THE OFFICE THAT HE OR SHE IS  SEEK-
ING;
  (G) MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION TWO OF
THIS SECTION; AND
  (H)  CONTINUE  TO  ABIDE  BY ALL REQUIREMENTS DURING THE POST-ELECTION
PERIOD.

S. 6355--A                         48                         A. 8555--A

  2. THRESHOLD FOR ELIGIBILITY. (A) THE THRESHOLD  FOR  ELIGIBILITY  FOR
PUBLIC FUNDING FOR PARTICIPATING CANDIDATES SHALL BE IN THE CASE OF:
  (I)  GOVERNOR,  NOT  LESS  THAN  SIX HUNDRED FIFTY THOUSAND DOLLARS IN
MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST  SIX  THOUSAND  FIVE  HUNDRED
MATCHABLE  CONTRIBUTIONS  COMPRISED  OF SUMS BETWEEN TEN AND ONE HUNDRED
SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF NEW YORK STATE;
  (II) LIEUTENANT GOVERNOR, ATTORNEY GENERAL, AND COMPTROLLER, NOT  LESS
THAN  TWO  HUNDRED THOUSAND DOLLARS IN MATCHABLE CONTRIBUTIONS INCLUDING
AT LEAST TWO THOUSAND MATCHABLE CONTRIBUTIONS COMPRISED OF SUMS  BETWEEN
TEN AND ONE HUNDRED SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS
OF NEW YORK STATE;
  (III)  STATE SENATOR, NOT LESS THAN TWENTY THOUSAND DOLLARS IN MATCHA-
BLE CONTRIBUTIONS INCLUDING AT LEAST TWO HUNDRED MATCHABLE CONTRIBUTIONS
COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE  DOLLARS  PER
CONTRIBUTOR,  FROM  RESIDENTS OF THE DISTRICT IN WHICH THE SEAT IS TO BE
FILLED; AND
  (IV) MEMBER OF THE ASSEMBLY, NOT LESS THAN  TEN  THOUSAND  DOLLARS  IN
MATCHABLE   CONTRIBUTIONS  INCLUDING  AT  LEAST  ONE  HUNDRED  MATCHABLE
CONTRIBUTIONS COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE
DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF THE  DISTRICT  IN  WHICH  THE
SEAT IS TO BE FILLED.
  (B)  ANY PARTICIPATING CANDIDATE MEETING THE THRESHOLD FOR ELIGIBILITY
IN A PRIMARY ELECTION FOR ONE OF THE FOREGOING OFFICES SHALL  BE  DEEMED
TO  HAVE  MET THE THRESHOLD FOR ELIGIBILITY FOR SUCH OFFICE IN ANY OTHER
SUBSEQUENT ELECTION HELD IN THE SAME CALENDAR YEAR.
  S 14-205. LIMITS ON PUBLIC FINANCING. THE FOLLOWING LIMITATIONS  APPLY
TO  THE  TOTAL AMOUNTS OF PUBLIC FUNDS THAT MAY BE PROVIDED TO A PARTIC-
IPATING CANDIDATE'S AUTHORIZED COMMITTEE FOR AN ELECTION CYCLE:
  1. IN ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS  BY  PARTICIPATING
CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
  (I) FOR GOVERNOR, THE SUM OF EIGHT MILLION DOLLARS;
  (II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
OF FOUR MILLION DOLLARS;
  (III)  FOR  SENATOR,  THE  SUM  OF THREE HUNDRED SEVENTY-FIVE THOUSAND
DOLLARS;
  (IV) FOR MEMBER OF THE ASSEMBLY, THE SUM OF ONE  HUNDRED  SEVENTY-FIVE
THOUSAND DOLLARS.
  2.  IN  ANY  GENERAL OR SPECIAL ELECTION, RECEIPT OF PUBLIC FUNDS BY A
PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEES  SHALL  NOT  EXCEED  THE
FOLLOWING AMOUNTS:
  CANDIDATES FOR ELECTION TO THE OFFICE OF:
  GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED)                $10,000,000
  ATTORNEY GENERAL                                           $4,000,000
  COMPTROLLER                                                $4,000,000
  MEMBER OF SENATE                                           $375,000
  MEMBER OF ASSEMBLY                                         $175,000
  3.  NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS NOT
OPPOSED BY A CANDIDATE ON THE BALLOT IN  A  PRIMARY  ELECTION  SHALL  BE
ENTITLED  TO  PAYMENT OF PUBLIC MATCHING FUNDS, EXCEPT THAT, WHERE THERE
IS A CONTEST IN SUCH PRIMARY ELECTION FOR THE NOMINATION OF AT LEAST ONE
OF THE TWO POLITICAL PARTIES WITH THE HIGHEST AND SECOND HIGHEST  NUMBER
OF  ENROLLED  MEMBERS  FOR SUCH OFFICE, A PARTICIPATING CANDIDATE WHO IS
UNOPPOSED IN THE PRIMARY ELECTION MAY RECEIVE PUBLIC  FUNDS  BEFORE  THE
PRIMARY  ELECTION,  FOR  EXPENSES INCURRED ON OR BEFORE THE DATE OF SUCH
PRIMARY ELECTION, IN AN AMOUNT EQUAL TO UP TO HALF THE SUM SET FORTH  IN
PARAGRAPH ONE OF THIS SECTION.

S. 6355--A                         49                         A. 8555--A

  S 14-206. PAYMENT OF PUBLIC MATCHING FUNDS. 1. DETERMINATION OF ELIGI-
BILITY.  NO PUBLIC MATCHING FUNDS SHALL BE PAID TO AN AUTHORIZED COMMIT-
TEE UNLESS THE PUBLIC FINANCING UNIT DETERMINES THAT  THE  PARTICIPATING
CANDIDATE  HAS  MET  THE ELIGIBILITY REQUIREMENTS OF THIS TITLE. PAYMENT
SHALL  NOT  EXCEED  THE  AMOUNTS  SPECIFIED  IN  SUBDIVISION TWO OF THIS
SECTION, AND SHALL BE MADE ONLY IN ACCORDANCE  WITH  THE  PROVISIONS  OF
THIS  TITLE.  SUCH  PAYMENT MAY BE MADE ONLY TO THE PARTICIPATING CANDI-
DATE'S AUTHORIZED COMMITTEE. NO PUBLIC  MATCHING  FUNDS  SHALL  BE  USED
EXCEPT  AS  REIMBURSEMENT OR PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES
ACTUALLY AND LAWFULLY INCURRED OR TO REPAY LOANS USED TO  PAY  QUALIFIED
CAMPAIGN EXPENDITURES.
  2.  CALCULATION  OF  PAYMENT. IF THE THRESHOLD FOR ELIGIBILITY IS MET,
THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE SHALL RECEIVE PAYMENT
FOR QUALIFIED CAMPAIGN EXPENDITURES OF SIX DOLLARS  OF  PUBLIC  MATCHING
FUNDS  FOR EACH ONE DOLLAR OF MATCHABLE CONTRIBUTIONS, FOR THE FIRST ONE
HUNDRED SEVENTY-FIVE DOLLARS OF ELIGIBLE PRIVATE FUNDS PER  CONTRIBUTOR,
OBTAINED  AND REPORTED TO THE BOARD IN ACCORDANCE WITH THE PROVISIONS OF
THIS TITLE. THE MAXIMUM PAYMENT OF PUBLIC MATCHING FUNDS SHALL BE LIMIT-
ED TO THE AMOUNTS SET FORTH IN SECTION 14-205  OF  THIS  TITLE  FOR  THE
COVERED ELECTION.
  3. TIMING OF PAYMENT. THE PUBLIC FINANCING UNIT SHALL MAKE ANY PAYMENT
OF PUBLIC MATCHING FUNDS TO PARTICIPATING CANDIDATES AS SOON AS IS PRAC-
TICABLE. BUT IN ALL CASES, THAT UNIT SHALL VERIFY ELIGIBILITY FOR PUBLIC
MATCHING  FUNDS  WITHIN  FOUR  DAYS OF RECEIVING A CAMPAIGN CONTRIBUTION
REPORT FILED IN COMPLIANCE WITH SECTION 14-104 OF THIS  ARTICLE.  WITHIN
TWO  DAYS OF DETERMINING THAT A CANDIDATE FOR A COVERED OFFICE IS ELIGI-
BLE FOR PUBLIC MATCHING FUNDS, THE UNIT SHALL PAY THE APPLICABLE  MATCH-
ING  FUNDS  OWED  TO THE CANDIDATE. HOWEVER, THE UNIT SHALL NOT MAKE ANY
PAYMENTS OF PUBLIC MONEY EARLIER THAN THE EARLIEST DATES FOR MAKING SUCH
PAYMENTS AS PROVIDED BY THIS TITLE.   IF  ANY  OF  SUCH  PAYMENTS  WOULD
REQUIRE  PAYMENT  ON A WEEKEND OR FEDERAL HOLIDAY, PAYMENT SHALL BE MADE
ON THE NEXT BUSINESS DAY.
  4. ELECTRONIC FUNDS TRANSFER. THE  BOARD  SHALL  PROMULGATE  RULES  TO
FACILITATE  ELECTRONIC  FUNDS  TRANSFERS  DIRECTLY FROM THE FUND INTO AN
AUTHORIZED COMMITTEE'S BANK ACCOUNT.
  5.  IRREGULARLY  SCHEDULED  ELECTIONS.   NOTWITHSTANDING   ANY   OTHER
PROVISION OF THIS TITLE, THE BOARD SHALL PROMULGATE RULES TO PROVIDE FOR
THE  PROMPT  ISSUANCE OF PUBLIC MATCHING FUNDS TO ELIGIBLE PARTICIPATING
CANDIDATES FOR QUALIFIED CAMPAIGN EXPENDITURES IN THE CASE OF ANY  OTHER
COVERED ELECTION HELD ON A DAY DIFFERENT FROM THAT THAN ORIGINALLY SCHE-
DULED  INCLUDING SPECIAL ELECTIONS. BUT IN ALL CASES, THE PUBLIC FINANC-
ING UNIT SHALL (A) WITHIN FOUR DAYS OF RECEIVING A  REPORT  OF  CONTRIB-
UTIONS  FROM  A  CANDIDATE FOR A COVERED OFFICE CLAIMING ELIGIBILITY FOR
PUBLIC MATCHING FUNDS VERIFY THAT  CANDIDATE'S  ELIGIBILITY  FOR  PUBLIC
MATCHING  FUNDS;  AND (B) WITHIN TWO DAYS OF DETERMINING THAT THE CANDI-
DATE FOR A COVERED OFFICE IS ELIGIBLE FOR  PUBLIC  MATCHING  FUNDS,  THE
UNIT SHALL PAY THE APPLICABLE MATCHING FUNDS OWED TO THE CANDIDATE.
  S  14-207.  USE  OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN EXPENDI-
TURES.  1. PUBLIC MATCHING FUNDS PROVIDED UNDER THE PROVISIONS  OF  THIS
TITLE  MAY  BE  USED ONLY BY AN AUTHORIZED COMMITTEE FOR EXPENDITURES TO
FURTHER  THE  PARTICIPATING  CANDIDATE'S  NOMINATION  FOR  ELECTION   OR
ELECTION,  INCLUDING  PAYING FOR DEBTS INCURRED WITHIN ONE YEAR PRIOR TO
AN ELECTION TO FURTHER  THE  PARTICIPATING  CANDIDATE'S  NOMINATION  FOR
ELECTION OR ELECTION.
  2. SUCH PUBLIC MATCHING FUNDS MAY NOT BE USED FOR:
  (A) AN EXPENDITURE IN VIOLATION OF ANY LAW;

S. 6355--A                         50                         A. 8555--A

  (B)  AN  EXPENDITURE  IN  EXCESS OF THE FAIR MARKET VALUE OF SERVICES,
MATERIALS, FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
  (C) AN EXPENDITURE MADE AFTER THE CANDIDATE HAS BEEN FINALLY DISQUALI-
FIED FROM THE BALLOT;
  (D)  AN  EXPENDITURE  MADE  AFTER  THE  ONLY REMAINING OPPONENT OF THE
CANDIDATE HAS BEEN FINALLY DISQUALIFIED  FROM  THE  GENERAL  OR  SPECIAL
ELECTION BALLOT;
  (E) AN EXPENDITURE MADE BY CASH PAYMENT;
  (F)  A  CONTRIBUTION  OR  LOAN  OR  TRANSFER MADE TO OR EXPENDITURE TO
SUPPORT ANOTHER CANDIDATE OR POLITICAL COMMITTEE OR PARTY, COMMITTEE  OR
CONSTITUTED COMMITTEE;
  (G)  AN  EXPENDITURE  TO  SUPPORT  OR OPPOSE A CANDIDATE FOR AN OFFICE
OTHER THAN THAT WHICH THE PARTICIPATING CANDIDATE SEEKS;
  (H) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED CAMPAIGN
MATERIAL;
  (I) LEGAL FEES TO DEFEND AGAINST A CRIMINAL CHARGE;
  (J) PAYMENTS TO IMMEDIATE FAMILY MEMBERS OF THE  PARTICIPATING  CANDI-
DATE; OR
  (K)  ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION,  ACCEPTANCE,
AUTHORIZATION, DECLINATION OR SUBSTITUTION.
  S 14-208. POWERS AND DUTIES OF BOARD.  1. ADVISORY OPINIONS. THE BOARD
SHALL  RENDER  ADVISORY OPINIONS WITH RESPECT TO QUESTIONS ARISING UNDER
THIS TITLE UPON THE WRITTEN REQUEST OF A  CANDIDATE,  AN  OFFICER  OF  A
POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITIATIVE.
THE  BOARD  SHALL PROMULGATE RULES REGARDING REASONABLE TIMES TO RESPOND
TO SUCH REQUESTS. THE BOARD SHALL MAKE PUBLIC THE QUESTIONS OF INTERPRE-
TATION FOR WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE  BOARD  AND
ITS  ADVISORY  OPINIONS,  INCLUDING  BY  PUBLICATION ON ITS WEBPAGE WITH
IDENTIFYING INFORMATION REDACTED AS THE BOARD DETERMINES TO BE APPROPRI-
ATE.
  2. PUBLIC INFORMATION AND CANDIDATE EDUCATION. THE BOARD SHALL DEVELOP
A PROGRAM FOR INFORMING CANDIDATES AND THE PUBLIC AS TO THE PURPOSE  AND
EFFECT OF THE PROVISIONS OF THIS TITLE, INCLUDING BY MEANS OF A WEBPAGE.
THE BOARD SHALL PREPARE IN PLAIN LANGUAGE AND MAKE AVAILABLE EDUCATIONAL
MATERIALS,  INCLUDING  COMPLIANCE MANUALS AND SUMMARIES AND EXPLANATIONS
OF THE PURPOSES AND PROVISIONS OF THIS TITLE. THE BOARD SHALL PREPARE OR
HAVE PREPARED AND MAKE AVAILABLE MATERIALS,  INCLUDING,  TO  THE  EXTENT
FEASIBLE,  COMPUTER  SOFTWARE, TO FACILITATE THE TASK OF COMPLIANCE WITH
THE DISCLOSURE AND RECORD-KEEPING REQUIREMENTS OF THIS TITLE.
  3. RULES AND REGULATIONS.  THE  BOARD  SHALL  HAVE  THE  AUTHORITY  TO
PROMULGATE SUCH RULES AND REGULATIONS AND PROVIDE SUCH FORMS AS IT DEEMS
NECESSARY FOR THE ADMINISTRATION OF THIS TITLE.
  4.  DATABASE.  THE  BOARD  SHALL  DEVELOP  AN  INTERACTIVE, SEARCHABLE
COMPUTER DATABASE THAT SHALL CONTAIN ALL INFORMATION NECESSARY  FOR  THE
PROPER  ADMINISTRATION  OF  THIS TITLE INCLUDING INFORMATION ON CONTRIB-
UTIONS TO AND EXPENDITURES BY CANDIDATES AND THEIR AUTHORIZED COMMITTEE,
INDEPENDENT EXPENDITURES IN SUPPORT  OR  OPPOSITION  OF  CANDIDATES  FOR
COVERED  OFFICES,  AND DISTRIBUTIONS OF MONEYS FROM THE FUND. SUCH DATA-
BASE SHALL BE ACCESSIBLE TO THE PUBLIC ON THE BOARD'S WEBPAGE.
  5. THE BOARD'S PUBLIC FINANCING UNIT SHALL WORK WITH  THE  ENFORCEMENT
UNIT TO ENFORCE THIS SECTION.
  S 14-209. AUDITS AND REPAYMENTS.  1. AUDITS. THE BOARD SHALL AUDIT AND
EXAMINE  ALL MATTERS RELATING TO THE PROPER ADMINISTRATION OF THIS TITLE
AND SHALL COMPLETE SUCH AUDIT NO LATER THAN TWO YEARS AFTER THE ELECTION
IN QUESTION.  EVERY CANDIDATE WHO RECEIVES PUBLIC FUNDS UNDER THIS TITLE

S. 6355--A                         51                         A. 8555--A

SHALL BE AUDITED BY THE BOARD. THE COST OF COMPLYING WITH  A  POST-ELEC-
TION  AUDIT SHALL BE BORNE BY THE CANDIDATE'S AUTHORIZED COMMITTEE USING
PUBLIC FUNDS, PRIVATE FUNDS OR ANY COMBINATION OF SUCH  FUNDS.    CANDI-
DATES  WHO  RUN  IN  BOTH A PRIMARY AND GENERAL ELECTION MUST MAINTAIN A
RESERVE OF THREE PERCENT OF THE PUBLIC FUNDS RECEIVED TO COMPLY WITH THE
POST-ELECTION AUDIT.  THE BOARD SHALL ISSUE TO EACH CAMPAIGN  AUDITED  A
FINAL AUDIT REPORT THAT DETAILS ITS FINDINGS.
  2.  REPAYMENTS.  (A)  IF  THE BOARD DETERMINES THAT ANY PORTION OF THE
PAYMENT MADE TO A CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS  IN
EXCESS  OF  THE  AGGREGATE  AMOUNT  OF  PAYMENTS THAT SUCH CANDIDATE WAS
ELIGIBLE TO RECEIVE PURSUANT TO THIS TITLE, IT SHALL NOTIFY SUCH COMMIT-
TEE AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN  AMOUNT  EQUAL  TO  THE
AMOUNT  OF  EXCESS  PAYMENTS.  PROVIDED,  HOWEVER, THAT IF THE ERRONEOUS
PAYMENT WAS THE RESULT OF AN ERROR BY  THE  BOARD,  THEN  THE  ERRONEOUS
PAYMENT  WILL  BE  DEDUCTED  FROM  ANY FUTURE PAYMENT, IF ANY, AND IF NO
PAYMENT IS TO BE MADE THEN NEITHER THE CANDIDATE NOR THE COMMITTEE SHALL
BE LIABLE TO REPAY THE EXCESS AMOUNT TO THE BOARD.  THE  CANDIDATE,  THE
TREASURER  AND  THE  CANDIDATE'S  AUTHORIZED  COMMITTEE  ARE JOINTLY AND
SEVERABLY LIABLE FOR ANY REPAYMENTS TO THE BOARD.
  (B) IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO  A
CANDIDATE'S  AUTHORIZED  COMMITTEE  FROM  THE FUND WAS USED FOR PURPOSES
OTHER THAN QUALIFIED CAMPAIGN EXPENDITURES AND  SUCH  EXPENDITURES  WERE
NOT  APPROVED BY THE BOARD, IT SHALL NOTIFY SUCH COMMITTEE OF THE AMOUNT
SO DISQUALIFIED AND SUCH COMMITTEE SHALL PAY  TO  THE  BOARD  AN  AMOUNT
EQUAL  TO SUCH DISQUALIFIED AMOUNT. THE CANDIDATE, THE TREASURER AND THE
CANDIDATE'S AUTHORIZED COMMITTEE ARE JOINTLY AND  SEVERABLY  LIABLE  FOR
ANY REPAYMENTS TO THE BOARD.
  (C) IF THE TOTAL OF PAYMENTS FROM THE FUND RECEIVED BY A PARTICIPATING
CANDIDATE  AND HIS OR HER AUTHORIZED COMMITTEE EXCEED THE TOTAL CAMPAIGN
EXPENDITURES OF SUCH CANDIDATE AND AUTHORIZED COMMITTEE FOR ALL  COVERED
ELECTIONS  HELD  IN  THE SAME CALENDAR YEAR OR FOR A SPECIAL ELECTION TO
FILL A VACANCY, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS FUNDS
TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH AUTHORIZED COMMITTEE
FROM THE FUND DURING SUCH CALENDAR YEAR OR FOR  SUCH  SPECIAL  ELECTION.
PARTICIPATING  CANDIDATES SHALL PAY TO THE BOARD UNSPENT PUBLIC CAMPAIGN
FUNDS FROM AN ELECTION  NOT  LATER  THAN  TWENTY-SEVEN  DAYS  AFTER  ALL
LIABILITIES  FOR THE ELECTION HAVE BEEN PAID AND IN ANY EVENT, NOT LATER
THAN THE DAY ON WHICH THE BOARD ISSUES ITS FINAL AUDIT  REPORT  FOR  THE
PARTICIPATING  CANDIDATE'S AUTHORIZED COMMITTEE; PROVIDED, HOWEVER, THAT
ALL UNSPENT PUBLIC CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE SHALL BE
IMMEDIATELY DUE AND PAYABLE TO THE BOARD UPON  A  DETERMINATION  BY  THE
BOARD  THAT  THE  PARTICIPANT  HAS  DELAYED  THE  POST-ELECTION AUDIT. A
PARTICIPATING CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES WITH  PUBLIC
FUNDS ONLY FOR ROUTINE ACTIVITIES INVOLVING NOMINAL COST ASSOCIATED WITH
WINDING  UP A CAMPAIGN AND RESPONDING TO THE POST-ELECTION AUDIT.  NOTH-
ING IN THIS TITLE SHALL BE CONSTRUED TO PREVENT A CANDIDATE  OR  HIS  OR
HER AUTHORIZED COMMITTEE FROM USING CAMPAIGN CONTRIBUTIONS RECEIVED FROM
PRIVATE CONTRIBUTORS FOR OTHERWISE LAWFUL EXPENDITURES.
  3. THE BOARD SHALL PROMULGATE REGULATIONS FOR THE CERTIFICATION OF THE
AMOUNT  OF  FUNDS  PAYABLE BY THE COMPTROLLER, FROM THE FUND ESTABLISHED
PURSUANT TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW, TO A  PARTIC-
IPATING  CANDIDATE  THAT  HAS  QUALIFIED  TO RECEIVE SUCH PAYMENT. THESE
REGULATIONS SHALL INCLUDE THE PROMULGATION AND DISTRIBUTION OF FORMS  ON
WHICH  CONTRIBUTIONS  AND  EXPENDITURES  ARE TO BE REPORTED, THE PERIODS
DURING WHICH SUCH REPORTS MUST BE FILED AND THE  VERIFICATION  REQUIRED.
THE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL MAKE POSSIBLE PAYMENT BY

S. 6355--A                         52                         A. 8555--A

THE  FUND  WITHIN FOUR BUSINESS DAYS AFTER RECEIPT OF THE REQUIRED FORMS
AND VERIFICATIONS.
  S   14-210.   ENFORCEMENT  AND  PENALTIES  FOR  VIOLATIONS  AND  OTHER
PROCEEDINGS.  1. CIVIL PENALTIES. VIOLATIONS OF ANY  PROVISION  OF  THIS
TITLE  OR  RULE PROMULGATED PURSUANT TO THIS TITLE SHALL BE SUBJECT TO A
CIVIL PENALTY IN AN AMOUNT NOT IN EXCESS OF FIFTEEN THOUSAND DOLLARS.
  2. NOTICE OF VIOLATION AND OPPORTUNITY TO CONTEST. THE BOARD SHALL:
  (A) DETERMINE WHETHER A VIOLATION OF ANY PROVISION OF  THIS  TITLE  OR
RULE PROMULGATED HEREUNDER HAS BEEN COMMITTED;
  (B) GIVE WRITTEN NOTICE AND THE OPPORTUNITY TO CONTEST BEFORE AN INDE-
PENDENT  HEARING  OFFICER  TO  EACH  PERSON  OR  ENTITY IT HAS REASON TO
BELIEVE HAS COMMITTED A VIOLATION; AND
  (C) IF APPROPRIATE, ASSESS PENALTIES FOR  VIOLATIONS,  FOLLOWING  SUCH
NOTICE AND OPPORTUNITY TO CONTEST.
  3.  CRIMINAL CONDUCT. ANY PERSON WHO KNOWINGLY AND WILLFULLY FURNISHES
OR SUBMITS FALSE STATEMENTS OR INFORMATION TO THE  BOARD  IN  CONNECTION
WITH  ITS ADMINISTRATION OF THIS TITLE, SHALL BE GUILTY OF A MISDEMEANOR
IN ADDITION TO ANY OTHER PENALTY AS MAY BE IMPOSED UNDER THIS CHAPTER OR
PURSUANT TO ANY OTHER LAW. THE BOARD SHALL SEEK TO  RECOVER  ANY  PUBLIC
MATCHING FUNDS OBTAINED AS A RESULT OF SUCH CRIMINAL CONDUCT.
  4. PROCEEDINGS AS TO PUBLIC FINANCING. (A) THE DETERMINATION OF ELIGI-
BILITY  PURSUANT  TO  THIS  TITLE  AND ANY QUESTION OR ISSUE RELATING TO
PAYMENTS FOR  CAMPAIGN  EXPENDITURES  PURSUANT  TO  THIS  TITLE  MAY  BE
CONTESTED  IN A PROCEEDING INSTITUTED IN THE SUPREME COURT, ALBANY COUN-
TY, BY ANY AGGRIEVED CANDIDATE.
  (B) A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION  OF  ELIGIBILITY
OR  PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO THIS CHAPTER
SHALL BE INSTITUTED WITHIN FOURTEEN DAYS AFTER  SUCH  DETERMINATION  WAS
MADE. THE BOARD SHALL BE MADE A PARTY TO ANY SUCH PROCEEDING.
  (C)  UPON THE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE FROM A PARTIC-
IPATING CANDIDATE OR SUCH CANDIDATE'S  AUTHORIZED  COMMITTEE  AFTER  THE
ISSUANCE  OF  WRITTEN  NOTICE  OF  SUCH  AMOUNT DUE, AS REQUIRED BY THIS
TITLE, THE BOARD IS AUTHORIZED TO  INSTITUTE  A  SPECIAL  PROCEEDING  OR
CIVIL  ACTION  IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A JUDGMENT FOR
ANY AMOUNTS DETERMINED TO BE PAYABLE TO THE BOARD  AS  A  RESULT  OF  AN
EXAMINATION  AND  AUDIT  MADE  PURSUANT  TO THIS TITLE OR TO OBTAIN SUCH
AMOUNTS DIRECTLY FROM THE CANDIDATE  OR  AUTHORIZED  COMMITTEE  AFTER  A
HEARING AT THE STATE BOARD OF ELECTIONS.
  (D) THE BOARD IS AUTHORIZED TO INSTITUTE A SPECIAL PROCEEDING OR CIVIL
ACTION  IN  SUPREME COURT, ALBANY COUNTY, TO OBTAIN A JUDGMENT FOR CIVIL
PENALTIES DETERMINED TO BE PAYABLE TO THE BOARD PURSUANT TO  THIS  TITLE
OR TO IMPOSE SUCH PENALTY DIRECTLY AFTER A HEARING AT THE STATE BOARD OF
ELECTIONS.
  S  14-211.  REPORTS. THE BOARD SHALL REVIEW AND EVALUATE THE EFFECT OF
THIS TITLE UPON THE CONDUCT OF ELECTION CAMPAIGNS  AND  SHALL  SUBMIT  A
REPORT TO THE LEGISLATURE ON OR BEFORE JANUARY FIRST, TWO THOUSAND NINE-
TEEN,  AND  EVERY  THIRD YEAR THEREAFTER, AND AT ANY OTHER TIME UPON THE
REQUEST OF THE GOVERNOR AND AT SUCH  OTHER  TIMES  AS  THE  BOARD  DEEMS
APPROPRIATE. THESE REPORTS SHALL INCLUDE:
  1.  A  LIST  OF  THE  PARTICIPATING AND NONPARTICIPATING CANDIDATES IN
COVERED ELECTIONS AND THE VOTES RECEIVED  BY  EACH  CANDIDATE  IN  THOSE
ELECTIONS;
  2.  THE  AMOUNT  OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES
MADE, ON BEHALF OF THESE CANDIDATES;
  3. THE AMOUNT OF PUBLIC MATCHING FUNDS  EACH  PARTICIPATING  CANDIDATE
RECEIVED, SPENT, AND REPAID PURSUANT TO THIS TITLE;

S. 6355--A                         53                         A. 8555--A

  4.  ANALYSIS  OF  THE  EFFECT  OF  THIS  TITLE ON POLITICAL CAMPAIGNS,
INCLUDING ITS EFFECT ON THE SOURCES AND AMOUNTS  OF  PRIVATE  FINANCING,
THE  LEVEL  OF CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE NUMBER OF
CANDIDATES, THE CANDIDATES' ABILITY TO CAMPAIGN EFFECTIVELY  FOR  PUBLIC
OFFICE,  AND  THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
AND
  5. RECOMMENDATIONS FOR AMENDMENTS TO THIS TITLE, INCLUDING CHANGES  IN
CONTRIBUTION  LIMITS, THRESHOLDS FOR ELIGIBILITY, AND ANY OTHER FEATURES
OF THE SYSTEM.
  S 14-212. DEBATES FOR CANDIDATES FOR  STATEWIDE  OFFICE.    THE  BOARD
SHALL  PROMULGATE  REGULATIONS TO FACILITATE DEBATES AMONG PARTICIPATING
CANDIDATES WHO SEEK ELECTION TO STATEWIDE OFFICE.  PARTICIPATING  CANDI-
DATES ARE REQUIRED TO PARTICIPATE IN ONE DEBATE BEFORE EACH ELECTION FOR
WHICH  THE  CANDIDATE  RECEIVES  PUBLIC  FUNDS, UNLESS THE PARTICIPATING
CANDIDATE IS RUNNING UNOPPOSED. NONPARTICIPATING CANDIDATES MAY  PARTIC-
IPATE IN SUCH DEBATES.
  S  14-213. SEVERABILITY.   IF ANY CLAUSE, SENTENCE, SUBDIVISION, PARA-
GRAPH, SECTION OR PART OF THIS TITLE BE ADJUDGED BY ANY COURT OF  COMPE-
TENT  JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR
OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
TION TO THE CLAUSE, SENTENCE, SUBDIVISION, PARAGRAPH,  SECTION  OR  PART
THEREOF  DIRECTLY  INVOLVED  IN  THE  CONTROVERSY IN WHICH SUCH JUDGMENT
SHALL HAVE BEEN RENDERED.
  S 8. The state finance law is amended by adding a new section 92-t  to
read as follows:
  S  92-T.  NEW  YORK  STATE  CAMPAIGN  FINANCE FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
COMMISSIONER  OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW YORK
STATE CAMPAIGN FINANCE FUND.
  2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE NEW  YORK
STATE  CAMPAIGN  FINANCE  FUND  CHECK-OFF  PURSUANT TO SUBSECTION (F) OF
SECTION SIX HUNDRED FIFTY-EIGHT OF THE TAX LAW, FROM THE ABANDONED PROP-
ERTY FUND PURSUANT TO SECTION NINETY-FIVE  OF  THIS  ARTICLE,  FROM  THE
GENERAL  FUND, AND FROM ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO
FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.   SUCH  FUND  SHALL  ALSO
RECEIVE  CONTRIBUTIONS FROM PRIVATE INDIVIDUALS, ORGANIZATIONS, OR OTHER
PERSONS TO FULFILL THE PURPOSES OF THE PUBLIC FINANCING SYSTEM.
  3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO  CANDIDATES  PURSUANT
TO  TITLE II OF ARTICLE FOURTEEN OF THE ELECTION LAW AND FOR ADMINISTRA-
TIVE EXPENSES RELATED TO THE IMPLEMENTATION OF ARTICLE FOURTEEN  OF  THE
ELECTION  LAW.  MONEYS  SHALL BE PAID OUT OF THE FUND BY THE STATE COMP-
TROLLER ON  VOUCHERS  CERTIFIED  OR  APPROVED  BY  THE  STATE  BOARD  OF
ELECTIONS,   OR  ITS  DULY  DESIGNATED  REPRESENTATIVE,  IN  THE  MANNER
PRESCRIBED BY LAW, NOT MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS
RECEIVED BY THE STATE COMPTROLLER.
  4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  IF,  IN  ANY
STATE  FISCAL  YEAR, THE STATE CAMPAIGN FINANCE FUND LACKS THE AMOUNT OF
MONEY TO PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES  AND  CERTIFIED
OR  APPROVED  BY THE STATE BOARD OF ELECTIONS, ANY SUCH DEFICIENCY SHALL
BE PAID BY THE STATE COMPTROLLER, FROM FUNDS DEPOSITED  IN  THE  GENERAL
FUND  OF THE STATE NOT MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS
RECEIVED BY THE STATE COMPTROLLER.
  5. COMMENCING IN TWO THOUSAND SIXTEEN, IF THE SURPLUS IN THE  FUND  ON
APRIL  FIRST  OF  THE  YEAR  AFTER A YEAR IN WHICH A GOVERNOR IS ELECTED
EXCEEDS TWENTY-FIVE PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER  THE

S. 6355--A                         54                         A. 8555--A

PREVIOUS  FOUR YEARS, THE EXCESS SHALL REVERT TO THE GENERAL FUND OF THE
STATE.
  6.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
PRIMARY  ELECTION  ANY  EARLIER  THAN  THIRTY  DAYS  AFTER   DESIGNATING
PETITIONS,  INDEPENDENT  NOMINATING  PETITIONS, OR CERTIFICATES OF NOMI-
NATION HAVE BEEN FILED AND NOT LESS THAN  FORTY-FIVE  DAYS  BEFORE  SUCH
ELECTION.
  7.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF  THE  PRIMARY
ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
  8.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
SPECIAL ELECTION ANY EARLIER THAN THE DAY AFTER THE  LAST  DAY  TO  FILE
CERTIFICATES OF PARTY NOMINATION FOR SUCH SPECIAL ELECTION.
  9.  NO  PUBLIC  FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN  DECLARED
INVALID  BY  THE  APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER COURT
IN A FINAL JUDGMENT.  NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH
A CANDIDATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON THE  DATE  OF
SUCH DISQUALIFICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY
PURPOSE  EXCEPT  THE  PAYMENT  OF LIABILITIES INCURRED BEFORE SUCH DATE.
ALL SUCH MONEYS SHALL BE REPAID TO THE FUND.
  S 9. Section 95 of the state finance law is amended by  adding  a  new
subdivision 5 to read as follows:
  5.  NOTWITHSTANDING  ANY  PROVISION  OF  THIS  SECTION AUTHORIZING THE
TRANSFER OF ANY MONEYS IN THE ABANDONED PROPERTY  FUND  TO  THE  GENERAL
FUND, IN JANUARY OF EACH YEAR IN WHICH A STATE GENERAL ELECTION IS TO BE
HELD  PURSUANT  TO LAW, OR AT LEAST SIX WEEKS PRIOR TO ANY STATE SPECIAL
ELECTION, THE COMPTROLLER, UPON WARRANT OR VOUCHER BY  THE  CHAIRMAN  OF
THE  CAMPAIGN FINANCE BOARD OR HIS OR HER DULY APPOINTED REPRESENTATIVE,
SHALL TRANSFER MONEYS OF THE ABANDONED PROPERTY FUND INTO  THE  CAMPAIGN
FINANCE  FUND PURSUANT TO SECTION NINETY-TWO-T OF THIS ARTICLE. ON MARCH
THIRTY-FIRST OF THE YEAR FOLLOWING  SUCH  GENERAL  ELECTION  YEAR,  SUCH
CHAIRMAN  SHALL  TRANSFER  TO THE GENERAL FUND ANY SURPLUS MONEYS OF THE
CAMPAIGN FINANCE FUND AS OF SUCH DATE.
  S 10. Section 658 of the tax law is amended by adding a new subsection
(f) to read as follows:
  (F) NEW YORK STATE CAMPAIGN FINANCE FUND CHECK-OFF. (1) FOR EACH TAXA-
BLE YEAR BEGINNING ON AND AFTER JANUARY FIRST,  TWO  THOUSAND  FOURTEEN,
EVERY  RESIDENT  TAXPAYER  WHOSE NEW YORK STATE INCOME TAX LIABILITY FOR
THE TAXABLE YEAR FOR WHICH THE RETURN IS FILED IS FORTY DOLLARS OR  MORE
MAY  DESIGNATE  ON  SUCH  RETURN THAT FORTY DOLLARS BE PAID INTO THE NEW
YORK STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T  OF
THE  STATE FINANCE LAW. WHERE A HUSBAND AND WIFE FILE A JOINT RETURN AND
HAVE A NEW YORK STATE INCOME TAX LIABILITY  FOR  THE  TAXABLE  YEAR  FOR
WHICH  THE  RETURN  IS FILED IS EIGHTY DOLLARS OR MORE, OR FILE SEPARATE
RETURNS ON A SINGLE FORM, EACH SUCH TAXPAYER MAY  MAKE  SEPARATE  DESIG-
NATIONS  ON  SUCH  RETURN  OF FORTY DOLLARS TO BE PAID INTO THE NEW YORK
STATE CAMPAIGN FINANCE FUND.
  (2) THE COMMISSIONER SHALL TRANSFER TO THE  NEW  YORK  STATE  CAMPAIGN
FINANCE  FUND, ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE STATE
FINANCE LAW, AN AMOUNT EQUAL TO FORTY DOLLARS MULTIPLIED BY  THE  NUMBER
OF DESIGNATIONS.
  (3)  FOR  PURPOSES  OF THIS SUBSECTION, THE INCOME TAX LIABILITY OF AN
INDIVIDUAL FOR ANY TAXABLE YEAR IS THE AMOUNT OF TAX IMPOSED UNDER  THIS

S. 6355--A                         55                         A. 8555--A

ARTICLE  REDUCED  BY  THE  SUM  OF  THE  CREDITS (AS SHOWN IN HIS OR HER
RETURN) ALLOWABLE UNDER THIS ARTICLE.
  (4)  THE DEPARTMENT SHALL INCLUDE A PLACE ON EVERY PERSONAL INCOME TAX
RETURN FORM TO BE FILED BY AN INDIVIDUAL FOR A TAX YEAR BEGINNING ON  OR
AFTER  JANUARY  FIRST,  TWO THOUSAND FOURTEEN, FOR SUCH TAXPAYER TO MAKE
THE DESIGNATIONS DESCRIBED IN PARAGRAPH ONE  OF  THIS  SUBSECTION.  SUCH
RETURN  FORM  SHALL CONTAIN A CONCISE EXPLANATION OF THE PURPOSE OF SUCH
OPTIONAL DESIGNATIONS.
  S 11. Severability. If any clause, sentence,  subdivision,  paragraph,
section  or part of title II of article 14 of the election law, as added
by section seven of this act be  adjudged  by  any  court  of  competent
jurisdiction  to  be  invalid, such judgment shall not affect, impair or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, subdivision, paragraph, section or part thereof
directly involved in the controversy in which such judgment  shall  have
been rendered.
  S  12.  This act shall take effect immediately; provided, however, all
state legislative candidates will be eligible to participate  in  volun-
tary  public  financing beginning with the 2016 primary election and all
other  state  candidates,  including  those  in  irregularly   scheduled
elections, will be eligible to particulate in voluntary public financing
beginning with the 2018 primary election.
  S  2.  Severability.  If any clause, sentence, subdivision, paragraph,
section, subpart or part of this act be adjudged by any court of  compe-
tent  jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its opera-
tion to the clause, sentence, subdivision, paragraph,  section,  subpart
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately, provided,  however,  that
the applicable effective dates of Subparts A through D of this act shall
be as specifically set forth in the last section of such Subparts.

                                 PART I

  Section  1. The state comptroller is hereby authorized and directed to
loan money in accordance with the provisions set forth in subdivision  5
of  section  4  of  the  state finance law to the following funds and/or
accounts:
  1. Tuition reimbursement account (20451).
  2. Proprietary vocational school supervision account (20452).
  3. Local government records management account (20501).
  4. Child health plus program account (20810).
  5. Hospital based grants program account (20812).
  6. EPIC premium account (20818).
  7. Education - New (20901).
  8. VLT - Sound basic education fund (20904).
  9.  Sewage  treatment  program  management  and  administration   fund
(21000).
  10. Hazardous bulk storage account (21061).
  11. Federal grants indirect cost recovery account (21065).
  12. Low level radioactive waste account (21066).
  13. Recreation account (21067).
  14. Public safety recovery account (21077).

S. 6355--A                         56                         A. 8555--A

  15. Conservationist magazine account (21080).
  16. Environmental regulatory account (21081).
  17. Natural resource account (21082).
  18. Mined land reclamation program account (21084).
  19. Great lakes restoration initiative account (21087).
  20. Environmental protection and oil spill compensation fund (21200).
  21. Public transportation systems account (21401).
  22. Metropolitan mass transportation (21402).
  23. Operating permit program account (21451).
  24. Mobile source account (21452).
  25.   Statewide  planning  and  research  cooperative  system  account
(21902).
  26. OPWDD provider of service account (21903).
  27. Mental hygiene program fund account (21907).
  28. Mental hygiene patient income account (21909).
  29. Financial control board account (21911).
  30. Regulation of racing account (21912).
  31. New York Metropolitan Transportation Council account (21913).
  32. Cyber upgrade account (21919).
  33. State university dormitory income reimbursable account (21937).
  34. Energy research account (21943).
  35. Criminal justice improvement account (21945).
  36. Fingerprint identification and technology account (21950).
  37. Environmental laboratory reference fee account (21959).
  38. Clinical laboratory reference system assessment account (21962).
  39. Public employment relations board account (21964).
  40. Indirect cost recovery account (21978).
  41. High school equivalency program account (21979).
  42. Multi-agency training account (21989).
  43. Bell jar collection account (22003).
  44. Industry and utility service account (22004).
  45. Real property disposition account (22006).
  46. Parking account (22007).
  47. Asbestos safety training program account (22009).
  48. Batavia school for the blind account (22032).
  49. Investment services account (22034).
  50. Surplus property account (22036).
  51. Financial oversight account (22039).
  52. Regulation of indian gaming account (22046).
  53. Rome school for the deaf account (22053).
  54. Seized assets account (22054).
  55. Administrative adjudication account (22055).
  56. Federal salary sharing account (22056).
  57. New York City assessment account (22062).
  58. Cultural education account (22063).
  59. Local services account (22078).
  60. DHCR mortgage servicing account (22085).
  61. Department of motor vehicles compulsory insurance account (22087).
  62. Housing indirect cost recovery account (22090).
  63. Accident prevention course program account (22094).
  64. DHCR-HCA application fee account (22100).
  65. Low income housing monitoring account (22130).
  66. Corporation administration account (22135).
  67. Montrose veteran's home account (22144).
  68. Deferred compensation administration account (22151).
  69. Rent revenue other New York City account (22156).

S. 6355--A                         57                         A. 8555--A

  70. Rent revenue account (22158).
  71. Tax revenue arrearage account (22168).
  72. State university general income offset account (22654).
  73. State police motor vehicle law enforcement account (22802).
  74. Highway safety program account (23001).
  75. EFC drinking water program account (23101).
  76. DOH drinking water program account (23102).
  77. NYCCC operating offset account (23151).
  78. Commercial gaming revenue account (23701).
  79. Commercial gaming regulation account (23702).
  80. Highway and bridge capital account (30051).
  81. State university residence hall rehabilitation fund (30100).
  82. State parks infrastructure account (30351).
  83. Clean water/clean air implementation fund (30500).
  84. Hazardous waste remedial cleanup account (31506).
  85. Youth facilities improvement account (31701).
  86. Housing assistance fund (31800).
  87. Housing program fund (31850).
  88. Highway facility purpose account (31951).
  89.  Miscellaneous capital projects fund, information technology capi-
tal financing account.
  90. New York racing account (32213).
  91. Mental hygiene facilities capital improvement fund (32300).
  92. Correctional facilities capital improvement fund (32350).
  93. New York State Storm Recovery Capital Fund (33000).
  94. OGS convention center account (50318).
  95. Centralized services fund (55000).
  96. Archives records management account (55052).
  97. Federal single audit account (55053).
  98. Civil service law section II administrative account (55055).
  99. Civil service EHS occupational health program account (55056).
  100. Banking services account (55057).
  101. Cultural resources survey account (55058).
  102. Neighborhood work project (55059).
  103. Automation & printing chargeback account (55060).
  104. OFT NYT account (55061).
  105. Data center account (55062).
  106. Human service telecom account (55063).
  107. Intrusion detection account (55066).
  108. Domestic violence grant account (55067).
  109. Centralized technology services account (55069).
  110. Labor contact center account (55071).
  111. Human services contact center account (55072).
  112. Tax contact center account (55073).
  113. Joint labor/management administration fund (55201).
  114. Executive direction internal audit account (55251).
  115. CIO Information technology centralized services account (55252).
  116. Health insurance internal service account (55300).
  117. Civil service employee benefits division  administrative  account
(55301).
  118. Correctional industries revolving fund (55350).
  119. Employees health insurance account (60201).
  120. Medicaid management information system escrow fund (60900).
  S 1-a. The state comptroller is hereby authorized and directed to loan
money  in  accordance  with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within  the  following

S. 6355--A                         58                         A. 8555--A

federal  funds,  provided  the comptroller has made a determination that
sufficient federal grant award authority is available to reimburse  such
loans:
  1. Federal USDA-food and nutrition services fund. (25000).
  2. Federal health and human services fund (25100).
  3. Federal education fund (25200).
  4. Federal block grant fund (25250).
  5. Federal miscellaneous operating grants fund. (25300)
  6. Federal unemployment insurance administration fund (25900).
  7. Federal unemployment insurance occupational training fund (25950).
  8. Federal emergency employment act fund (26000).
  9. Federal capital projects fund (31350).
  S  2.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2015, up to the unencumbered balance or the  follow-
ing amounts:
  Economic Development and Public Authorities:
  1.  $175,000  from the miscellaneous special revenue fund, underground
facilities safety training account (22172), to the general fund.
  2. An amount up to the unencumbered  balance  from  the  miscellaneous
special  revenue  fund, business and licensing services account (21977),
to the general fund.
  3. $14,810,000 from  the  miscellaneous  special  revenue  fund,  code
enforcement account (21904), to the general fund.
  4.  $3,000,000  from  the  general  fund  to the miscellaneous special
revenue fund, tax revenue arrearage account (22168).
  5. $350,000  from  the  state  exposition  special  fund,  state  fair
receipts account (50051), to the general fund.
  Education:
  1.  $2,265,000,000  from  the  general fund to the state lottery fund,
education account (20901), as reimbursement for disbursements made  from
such  fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of  the  amounts  deposited  in
such fund for such purposes pursuant to section 1612 of the tax law.
  2.  $950,604,000  from the general fund to the state lottery fund, VLT
education account (20904), as reimbursement for disbursements made  from
such  fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of  the  amounts  deposited  in
such fund for such purposes pursuant to section 1612 of the tax law.
  3.  Moneys  from  the  state lottery fund up to an amount deposited in
such fund pursuant to section 1612 of the  tax  law  in  excess  of  the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
  4.  $300,000  from the local government records management improvement
fund (20500) to the archives partnership trust fund (20350).
  5. $900,000 from the general fund to the miscellaneous special revenue
fund, Batavia school for the blind account (22032).
  6. $900,000 from the general fund to the miscellaneous special revenue
fund, Rome school for the deaf account (22053).
  7. $343,400,000  from  the  state  university  dormitory  income  fund
(40350)  to  the  miscellaneous  special  revenue fund, state university
dormitory income reimbursable account (21937).
  8. $24,000,000 from any of  the  state  education  department  special
revenue  and internal service funds to the miscellaneous special revenue
fund, indirect cost recovery account (21978).

S. 6355--A                         59                         A. 8555--A

  9. $8,318,000 from the general fund to  the  state  university  income
fund,  state  university  income offset account (22654), for the state's
share of repayment of the STIP loan.
  10. $64,000,000 from the state university income fund, state universi-
ty hospitals income reimbursable account (22656) to the general fund for
hospital  debt  service  for  the period April 1, 2014 through March 31,
2015.
  Environmental Affairs:
  1. $16,000,000 from any of the department of  environmental  conserva-
tion's  special  revenue federal funds to the environmental conservation
special revenue fund, federal indirect recovery account (21065).
  2. $2,000,000 from any of the department  of  environmental  conserva-
tion's  special revenue federal funds to the conservation fund as neces-
sary to avoid diversion of conservation funds.
  3. $3,000,000 from any of the office of parks, recreation and historic
preservation capital projects federal funds and special revenue  federal
funds  to the miscellaneous special revenue fund, federal grant indirect
cost recovery account (22188).
  4. $1,000,000 from any of the office of parks, recreation and historic
preservation special revenue federal funds to the miscellaneous  special
revenue fund, I love NY water account (21930).
  Family Assistance:
  1. $10,000,000 from any of the office of children and family services,
office  of  temporary and disability assistance, or department of health
special revenue federal funds and the general fund, in  accordance  with
agreements  with social services districts, to the miscellaneous special
revenue fund, office of human resources development state match  account
(21967).
  2.  $3,000,000  from any of the office of children and family services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund, family preservation and
support services and family violence services account (22082).
  3. $18,670,000 from any of the office of children and family services,
office of temporary and disability assistance, or department  of  health
special  revenue  federal  funds  and  any  other miscellaneous revenues
generated from the operation of office of children and  family  services
programs to the general fund.
  4.  $140,000,000  from  any  of the office of temporary and disability
assistance or department of health special revenue funds to the  general
fund.
  5.  $2,500,000  from  any  of  the  office of temporary and disability
assistance or office of children and  family  services  special  revenue
federal  funds  to  the  miscellaneous  special  revenue fund, office of
temporary and disability assistance program account (21980).
  6. $35,000,000 from any of the office of children and family services,
office of temporary and disability assistance, department of labor,  and
department  of  health  special  revenue  federal funds to the office of
children and family services miscellaneous special revenue fund,  multi-
agency training contract account (21989).
  7.  $122,000,000  from  the  miscellaneous special revenue fund, youth
facility per Diem account (22186), to the general fund.
  8. $621,850 from the general fund to the combined gifts,  grants,  and
bequests fund, WB Hoyt Memorial account (20128).
  9.  $2,500,000  from  the  miscellaneous  special  revenue fund, state
central registry (22028) to the general fund.
  General Government:

S. 6355--A                         60                         A. 8555--A

  1. $1,566,000 from the miscellaneous special revenue fund, examination
and miscellaneous revenue account (22065) to the general fund.
  2. $12,500,000 from the general fund to the health insurance revolving
fund (55300).
  3.  $192,400,000  from  the  health  insurance  reserve  receipts fund
(60550) to the general fund.
  4. $150,000 from the general fund to the not-for-profit revolving loan
fund (20650).
  5. $150,000 from the not-for-profit revolving loan fund (20650) to the
general fund.
  6. $30,000,000 from the miscellaneous special revenue fund, real prop-
erty disposition account (22006), to the general fund.
  7. $3,000,000 from the miscellaneous  special  revenue  fund,  surplus
property account (22036), to the general fund.
  8.  $19,900,000  from  the  general  fund to the miscellaneous special
revenue fund, alcoholic beverage control account (22033).
  9. $23,000,000 from the miscellaneous special  revenue  fund,  revenue
arrearage account (22024), to the general fund.
  10.  $1,826,000  from  the miscellaneous special revenue fund, revenue
arrearage account (22024), to the miscellaneous  special  revenue  fund,
authority budget office account (22138).
  11.  $1,000,000  from  the miscellaneous special revenue fund, parking
services account (22007), to the general fund, for the purpose of  reim-
bursing the costs of debt service related to state parking facilities.
  12.  $21,800,000  from  the general fund to the internal service fund,
COPS account (55013).
  13. $14,000,000 from the general fund to the agencies internal service
fund, central technology services account (55069), for  the  purpose  of
enterprise technology projects.
  Health:
  1. $64,600,000 from the miscellaneous special revenue fund, quality of
care account (21915) to the general fund.
  2.  $1,000,000 from the general fund to the combined gifts, grants and
bequests fund, breast cancer research and education account (20155),  an
amount  equal to the monies collected and deposited into that account in
the previous fiscal year.
  3. $1,464,000 from any of the department of health accounts within the
federal health and human services  fund  to  the  department  of  health
miscellaneous  special  revenue  fund,  statewide  planning and research
cooperation system (SPARCS) program account (21902).
  4. $250,000 from the general fund to the combined  gifts,  grants  and
bequests  fund,  prostate  cancer  research,  detection,  and  education
account (20183), an amount equal to the moneys collected  and  deposited
into that account in the previous fiscal year.
  5.  $500,000  from  the general fund to the combined gifts, grants and
bequests fund,  Alzheimer's  disease  research  and  assistance  account
(20143), an amount equal to the moneys collected and deposited into that
account in the previous fiscal year.
  6.  $26,527,000 from the HCRA resources fund (20800), to the miscella-
neous special revenue fund, empire state stem cell  trust  fund  account
(22161).
  7.  $11,373,000  from  the  general  fund to the miscellaneous special
revenue fund, empire state stem cell trust fund (22161).
  8. $64,600,000 from any of the department of  health  accounts  within
the  federal health and human services fund to the miscellaneous special
revenue fund, quality of care account (21915).

S. 6355--A                         61                         A. 8555--A

  9. $4,000,000 from the miscellaneous special revenue fund, certificate
of need account (21920), to the  miscellaneous  capital  projects  fund,
healthcare IT capital subfund.
  10.  $3,000,000  from the miscellaneous special revenue fund, adminis-
tration program account (21982), to the miscellaneous  capital  projects
fund, healthcare IT capital subfund.
  11.  $3,000,000  from  the  miscellaneous  special revenue fund, vital
records account (22103), to the  miscellaneous  capital  projects  fund,
healthcare IT capital subfund.
  12.  $65,000,000  from  the HCRA resources fund (20800) to the capital
projects fund (30000), for the purpose of funding the  statewide  health
information network for New York and the all payers claims database.
  13.  $3,700,000  from  the  miscellaneous  New York state agency fund,
Medicaid recoveries account (60615), to the general fund.
  Labor:
  1. $400,000 from the miscellaneous special revenue fund, DOL  fee  and
penalty account (21923), to the child performer's protection fund, child
performer protection account (20401).
  2. $8,400,000 from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the general fund.
  3.  $3,300,000  from  the  unemployment insurance interest and penalty
fund,  unemployment  insurance  special  interest  and  penalty  account
(23601), to the general fund.
  Mental Hygiene:
  1.  $10,000,000  from  the  miscellaneous special revenue fund, mental
hygiene patient income account (21909),  to  the  miscellaneous  special
revenue fund, federal salary sharing account (22056).
  2.  $100,000,000  from  the miscellaneous special revenue fund, mental
hygiene patient income account (21909),  to  the  miscellaneous  special
revenue fund, provider of service accounts (21903).
  3.  $100,000,000  from  the miscellaneous special revenue fund, mental
hygiene program fund  account  (21907),  to  the  miscellaneous  special
revenue fund, provider of service account (21903).
  4.  $1,250,000,000  from the general fund to the miscellaneous special
revenue fund, mental hygiene patient income account (21909).
  5. $1,600,000,000 from the general fund to the  miscellaneous  special
revenue fund, mental hygiene program fund account (21907).
  6.  $100,000,000  from  the miscellaneous special revenue fund, mental
hygiene program fund account (21907), to the general fund.
  7. $100,000,000 from the miscellaneous special  revenue  fund,  mental
hygiene patient income account (21909), to the general fund.
  Public Protection:
  1.  $1,350,000  from the miscellaneous special revenue fund, emergency
management account (21944), to the general fund.
  2. $3,300,000 from the  general  fund  to  the  miscellaneous  special
revenue fund, recruitment incentive account (22171).
  3.  $13,000,000  from  the general fund to the correctional industries
revolving  fund,  correctional  industries  internal   service   account
(55350).
  4.  $12,000,000  from the federal miscellaneous operating grants fund,
DMNA damage account (25324), to the general fund.
  5. $14,300,000 from the general  fund  to  the  miscellaneous  special
revenue fund, crimes against revenue program account (22015).
  6.  $9,100,000  from  the miscellaneous special revenue fund, criminal
justice improvement account (21945), to the general fund.

S. 6355--A                         62                         A. 8555--A

  7. $50,000,000 from the miscellaneous special revenue fund,  statewide
public safety communications account (22123), to the general fund.
  8.  $106,000,000  from  the state police motor vehicle law enforcement
and motor vehicle theft  and  insurance  fraud  prevention  fund,  state
police  motor  vehicle  enforcement account (22802), to the general fund
for state operation expenses of the division of state police.
  9. $21,500,000 from the general fund to  the  correctional  facilities
capital improvement fund (32350).
  10.  $5,000,000  from  the  general  fund to the dedicated highway and
bridge trust fund (30050) for the purpose of work zone safety activities
provided by the division of state police for the department of transpor-
tation.
  11. $5,000,000 from the miscellaneous special revenue fund,  statewide
public  safety  communications  account (22123), to the capital projects
fund (30000).
  12. $2,000,000 from the  miscellaneous  special  revenue  fund,  legal
services assistance account (22096), to the general fund.
  Transportation:
  1. $17,672,000 from the federal miscellaneous operating grants fund to
the  miscellaneous special revenue fund, New York Metropolitan Transpor-
tation Council account (21913).
  2. $20,147,000 from the federal capital projects fund to the miscella-
neous special revenue fund, New York Metropolitan Transportation Council
account (21913).
  3. $15,700,000 from the miscellaneous special revenue fund, compulsory
insurance account (22087), to the general fund.
  4. $12,000,000 from the general fund to the mass transportation  oper-
ating  assistance  fund, public transportation systems operating assist-
ance account (21401).
  5. $662,483,000 from the general fund to  the  dedicated  highway  and
bridge trust fund (30050).
  6.  $606,000  from  the  miscellaneous  special revenue fund, accident
prevention course program account (22094), to the general fund.
  7. $6,000 from the  miscellaneous  special  revenue  fund,  motorcycle
safety account (21976), to the general fund.
  8.  $309,250,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
  9. $40,000,000 from the mass transportation operating assistance fund,
metropolitan mass transportation operating assistance  account  (21402),
to  the  general  debt  service  fund  (40150), for reimbursement of the
state's expenses in connection with payments of debt service and related
expenses for the metropolitan transportation authority's  state  service
contract bonds.
  10. $2,500,000 from the miscellaneous special revenue fund, rail safe-
ty  inspection account (21983) to the dedicated highway and bridge trust
fund (30050).
  11. $5,000,000 from the miscellaneous special revenue fund,  transpor-
tation  regulation  account  (22067) to the dedicated highway and bridge
trust fund (30050), for disbursements made  from  such  fund  for  motor
carrier  safety that are in excess of the amounts deposited in the dedi-
cated highway and bridge trust fund (30050) for such purpose pursuant to
section 94 of the transportation law.
  Miscellaneous:
  1. $150,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.

S. 6355--A                         63                         A. 8555--A

  2. $500,000,000 from the general fund to the  debt  reduction  reserve
fund (40000).
  3.  $450,000,000  from  the New York state storm recovery capital fund
(33000) to the revenue bond tax fund (40152).
  4. $15,500,000 from the general fund, community  projects  account  GG
(10256), to the general fund, state purposes account (10050).
  S  3.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2015:
  1. Upon request of the commissioner of environmental conservation,  up
to  $11,283,800 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $3,275,400  from
the  environmental  protection  and oil spill compensation fund (21200),
and $1,773,600 from the conservation fund (21150), to the  environmental
conservation special revenue fund, indirect charges account (21060).
  2.  Upon request of the commissioner of agriculture and markets, up to
$3,000,000 from any special revenue fund or enterprise fund  within  the
department of agriculture and markets to the general fund, to pay appro-
priate administrative expenses.
  3.  Upon request of the commissioner of agriculture and markets, up to
$2,000,000 from the state exposition special fund, state  fair  receipts
account  (50051)  to the miscellaneous capital projects fund, state fair
capital improvement account (32208).
  4. Upon request of the commissioner of the  division  of  housing  and
community  renewal, up to $6,221,000 from revenues credited to any divi-
sion of housing and community renewal federal or  miscellaneous  special
revenue fund to the miscellaneous special revenue fund, housing indirect
cost recovery account (22090).
  5.  Upon  request  of  the commissioner of the division of housing and
community renewal, up to $5,500,000 may be transferred from any  miscel-
laneous  special  revenue  fund  account,  to  any miscellaneous special
revenue fund.
  6. Upon request of the commissioner of health up  to  $5,000,000  from
revenues  credited  to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund, administration account
(21982).
  S 3-a.  Employees of the division of military and naval affairs in the
unclassified service of the state, who are substantially engaged in  the
performance of duties to support business and financial services, admin-
istrative services, payroll administration, time and attendance, benefit
administration and other transactional human resources functions, may be
transferred  to  the  office  of general services in accordance with the
provisions of section 45 of the civil service law as if  the  state  had
taken  over a private entity. No employee who is transferred pursuant to
this act shall suffer a reduction in basic annual salary as a result  of
the transfer.
  S  4.  Notwithstanding  section  2815  of the public health law or any
other contrary provision of law, upon the direction of the  director  of
the  budget  and  the commissioner of health, the dormitory authority of
the state of New York is directed to transfer $7,000,000  annually  from
funds  available  and  uncommitted  in  the  New  York state health care
restructuring pool to the health care reform act (HCRA) resources fund -
HCRA resources account.
  S 5. On or before March 31, 2015, the comptroller is hereby authorized
and directed to deposit earnings that  would  otherwise  accrue  to  the
general  fund  that are attributable to the operation of section 98-a of

S. 6355--A                         64                         A. 8555--A

the state finance law, to the agencies internal  service  fund,  banking
services  account  (55057),  for  the purpose of meeting direct payments
from such account.
  S  6.  Notwithstanding  any law to the contrary, upon the direction of
the director of the budget and upon requisition by the state  university
of  New  York,  the  dormitory  authority  of  the  state of New York is
directed to transfer, up to $22,000,000 in revenues generated  from  the
sale  of  notes  or  bonds,  to  the  state  university  of New York for
reimbursement of bondable equipment for further transfer to the  state's
general fund.
  S  7.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor  or  his  or  her
designee,  on or before March 31, 2015, up to $16,000,000 from the state
university income fund general revenue  account  (22653)  to  the  state
general  fund for debt service costs related to campus supported capital
project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
University at Buffalo.
  S  8.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor  or  his  or  her
designee,  on  or before March 31, 2015, up to $6,500,000 from the state
university income fund general revenue  account  (22653)  to  the  state
general  fund for debt service costs related to campus supported capital
project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
University at Albany.
  S  9.  Notwithstanding  any  law to the contrary, the state university
chancellor or his or her designee is authorized and directed to transfer
estimated tuition revenue balances from the state university  collection
fund  (61000)  to  the  state  university  income fund, state university
general revenue offset account (22655) on or before March 31, 2015.
  S 10. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to  $69,264,000  from  the  general  fund to the state university income
fund, state university hospitals  income  reimbursable  account  (22656)
during  the period July 1, 2014 through June 30, 2015 to reflect ongoing
state subsidy of SUNY hospitals and to pay  costs  attributable  to  the
SUNY hospitals' state agency status.
  S  11. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $969,050,300 from the general fund to  the  state  university  income
fund, state university general revenue offset account (22655) during the
period  of  July  1, 2014 through June 30, 2015 to support operations at
the state university.
  S 12. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed to transfer, upon request of the state university chancel-
lor or his or her designee, up to $50,000,000 from the state  university
income  fund,  state  university  hospitals  income reimbursable account
(22656), for services and expenses of hospital  operations  and  capital
expenditures at the state university hospitals; and the state university

S. 6355--A                         65                         A. 8555--A

income  fund,  Long  Island  veterans' home account (22652) to the state
university capital projects fund (32400) on or before June 30, 2015.
  S  13. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after  consultation
with  the  state university chancellor or his or her designee, is hereby
authorized and directed to transfer moneys, in the first instance,  from
the  state  university  collection fund, Stony Brook hospital collection
account (61006), Brooklyn hospital collection account (61007), and Syra-
cuse hospital collection account (61008) to the state university  income
fund,  state university hospitals income reimbursable account (22656) in
the event insufficient funds  are  available  in  the  state  university
income  fund,  state  university  hospitals  income reimbursable account
(22656) to permit the full transfer of moneys authorized  for  transfer,
to  the  general  fund  for  payment of debt service related to the SUNY
hospitals. Notwithstanding any law to the contrary, the  comptroller  is
also  hereby  authorized and directed, after consultation with the state
university chancellor or his or her designee, to  transfer  moneys  from
the  state  university  income fund to the state university income fund,
state university hospitals income reimbursable account  (22656)  in  the
event  insufficient  funds  are available in the state university income
fund, state university hospitals income reimbursable account (22656)  to
pay  hospital  operating  costs or to permit the full transfer of moneys
authorized for transfer, to the general fund for payment of debt service
related to the SUNY hospitals on or before March 31, 2015.
  S 14. Notwithstanding any law to the contrary, upon the  direction  of
the director of the budget and the chancellor of the state university of
New York or his or her designee, and in accordance with section 4 of the
state  finance law, the comptroller is hereby authorized and directed to
transfer monies from the state university dormitory income fund  (40350)
to  the state university residence hall rehabilitation fund (30100), and
from the state university residence hall rehabilitation fund (30100)  to
the  state university dormitory income fund (40350), in an amount not to
exceed in the aggregate $80 million.
  S 15. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed  to  transfer  monies, upon request of the director of the
budget, on or before March 31, 2015, from and to any  of  the  following
accounts: the miscellaneous special revenue fund, patient income account
(21909),  the miscellaneous special revenue fund, mental hygiene program
fund account (21907), the miscellaneous special  revenue  fund,  federal
salary  sharing  account (22056) or the general fund in any combination,
the aggregate of which shall not exceed $350 million.
  S 16. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed to transfer, at the request of the director of the budget,
up to $500 million from the unencumbered balance of any special  revenue
fund  or  account,  or combination of funds and accounts, to the general
fund. The amounts transferred pursuant to this authorization shall be in
addition to any other transfers  expressly  authorized  in  the  2014-15
budget.  Transfers  from  federal  funds,  debt  service  funds, capital
projects funds, the community projects fund, or funds that would  result
in  the loss of eligibility for federal benefits or federal funds pursu-
ant to federal law, rule, or regulation as assented to in chapter 683 of
the laws of 1938 and chapter 700 of the laws of 1951 are  not  permitted
pursuant  to  this authorization. Prior to initiating transfers pursuant
to this authorization, the director of  the  budget  shall  notify  both

S. 6355--A                         66                         A. 8555--A

houses  of  the  legislature in writing of any subfund account for which
use of this transfer authorization would exceed $2.5 million.
  S  17. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the  budget,
up  to $100 million from any non-general fund or account, or combination
of funds and accounts, to the miscellaneous special revenue fund,  tech-
nology  financing  account (22207) or the miscellaneous capital projects
fund, information technology capital financing account, for the  purpose
of  consolidating  technology  procurement  and  services.   The amounts
transferred  to  the  miscellaneous  special  revenue  fund,  technology
financing  account (22207) pursuant to this authorization shall be equal
to or less than the amount of such monies intended to  support  informa-
tion  technology  costs  which are attributable, according to a plan, to
such account made in pursuance to an appropriation by law. Transfers  to
the  technology  financing  account  shall  be  completed  from  amounts
collected by non-general funds or accounts pursuant to  a  fund  deposit
schedule or permanent statute, and shall be transferred to the technolo-
gy  financing account pursuant to a schedule agreed upon by the affected
agency commissioner. Transfers from funds that would result in the  loss
of eligibility for federal benefits or federal funds pursuant to federal
law,  rule,  or  regulation as assented to in chapter 683 of the laws of
1938 and chapter 700 of the laws of 1951 are not permitted  pursuant  to
this authorization.
  S  18. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the  budget,
up  to $300 million from any non-general fund or account, or combination
of funds and accounts, to the general fund for the  purpose  of  consol-
idating  technology  procurement  and  services. The amounts transferred
pursuant to this authorization shall be equal to or less than the amount
of such monies intended to support information  technology  costs  which
are attributable, according to a plan, to such account made in pursuance
to  an  appropriation  by  law.  Transfers  to the general fund shall be
completed from amounts collected by non-general funds or accounts pursu-
ant to a fund deposit schedule. Transfers from funds that  would  result
in  the loss of eligibility for federal benefits or federal funds pursu-
ant to federal law, rule, or regulation as assented to in chapter 683 of
the laws of 1938 and chapter 700 of the laws of 1951 are  not  permitted
pursuant to this authorization.
  S  19. Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized and directed to (i) make a contribution to the
state treasury to the credit  of  the  general  fund,  or  as  otherwise
directed in writing by the director of the budget, in an amount of up to
$90,000,000  for  the  state  fiscal  year commencing April 1, 2014, the
proceeds of which will be utilized to support energy-related initiatives
of the state or for economic development purposes, and (ii) transfer  up
to $25,000,000 of any such contribution by June 30, 2014 and the remain-
der of any such contribution by March 31, 2015.
  S  20.  Subdivision  5  of section 97-rrr of the state finance law, as
amended by section 20 of part HH of chapter 57 of the laws of  2013,  is
amended to read as follows:
  5. Notwithstanding the provisions of section one hundred seventy-one-a
of  the  tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred  eight-

S. 6355--A                         67                         A. 8555--A

y-one,  and notwithstanding the provisions of chapter ninety-four of the
laws of two thousand eleven, or any  other  provisions  of  law  to  the
contrary,  during  the  fiscal  year beginning April first, two thousand
[thirteen]  FOURTEEN,  the  state  comptroller  is hereby authorized and
directed to deposit to the fund created pursuant to  this  section  from
amounts  collected  pursuant  to  article  twenty-two of the tax law and
pursuant to a schedule submitted by the director of the  budget,  up  to
[$3,419,375,000] $3,429,375,000, as may be certified in such schedule as
necessary  to  meet the purposes of such fund for the fiscal year begin-
ning April first, two thousand [thirteen] FOURTEEN.
  S 21. The comptroller is authorized and directed  to  deposit  to  the
general fund-state purposes account reimbursements from moneys appropri-
ated  or  reappropriated to the correctional facilities capital improve-
ment fund by a chapter of the laws  of  2014.  Reimbursements  shall  be
available  for  spending  from  appropriations made to the department of
corrections and community supervision in the general fund-state purposes
accounts by a chapter of the laws of 2014 for costs associated with  the
administration  and  security  of  capital  projects and for other costs
which are attributable, according to a plan, to such capital projects.
  S 22. Subdivision 6 of section 4 of the state finance law, as  amended
by section 18 of part U of chapter 59 of the laws of 2012, is amended to
read as follows:
  6.  Notwithstanding  any  law to the contrary, at the beginning of the
state fiscal year,  the  state  comptroller  is  hereby  authorized  and
directed  to  receive  for  deposit  to  the  credit of a fund and/or an
account such monies as are identified by the director of the  budget  as
having been intended for such deposit to support disbursements from such
fund  and/or  account  made  in pursuance of an appropriation by law. As
soon as practicable upon enactment of the budget, the  director  of  the
budget  shall,  but  not  less  than  three  days  following preliminary
submission to the chairs of the senate finance committee and the  assem-
bly  ways  and means committee, file with the state comptroller an iden-
tification of specific monies to be so deposited. Any subsequent  change
regarding  the  monies to be so deposited shall be filed by the director
of the budget, as soon as practicable, but  not  less  than  three  days
following  preliminary  submission  to  the chairs of the senate finance
committee and the assembly ways and means committee.
  All monies identified by the director of the budget to be deposited to
the credit of a fund and/or account shall be consistent with the  intent
of  the  budget for the then current state fiscal year as enacted by the
legislature.
  [The provisions of this subdivision  shall  expire  on  March  thirty-
first, two thousand fourteen.]
  S 23. Subdivision 4 of section 40 of the state finance law, as amended
by section 19 of part U of chapter 59 of the laws of 2012, is amended to
read as follows:
  4.  Every appropriation made from a fund or account to a department or
agency shall be available for the payment of prior years' liabilities in
such fund or account for fringe benefits, indirect costs, and telecommu-
nications expenses and expenses  for  other  centralized  services  fund
programs  without limit. Every appropriation shall also be available for
the payment of prior  years'  liabilities  other  than  those  indicated
above,  but  only  to the extent of one-half of one percent of the total
amount appropriated to a department or agency in such fund or account.
  [The provisions of this subdivision shall expire  March  thirty-first,
two thousand fourteen.]

S. 6355--A                         68                         A. 8555--A

  S  24.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the state comptroller is hereby authorized and directed to use
any balance remaining in the mental health services  fund  debt  service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to
the  New  York  state  medical  care  facilities finance agency, and the
facilities development corporation pursuant to chapter 83 of the laws of
1995 and the department of mental hygiene  for  the  purpose  of  making
payments  to  the  dormitory  authority of the state of New York for the
amount of the earnings for the investment of  monies  deposited  in  the
mental health services fund that such agency determines will or may have
to  be  rebated  to the federal government pursuant to the provisions of
the internal revenue code of 1986, as amended, in order to  enable  such
agency  to  maintain  the  exemption from federal income taxation on the
interest paid to the holders of such agency's mental services facilities
improvement revenue bonds.  Annually on or before each June  30th,  such
agency  shall  certify to the state comptroller its determination of the
amounts received in the mental health services fund as a result  of  the
investment  of  monies  deposited  therein  that  will or may have to be
rebated to the federal government pursuant  to  the  provisions  of  the
internal revenue code of 1986, as amended.
  S 25. Section 68-b of the state finance law is amended by adding a new
subdivision 12 to read as follows:
  12.  THE  COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM THE AUTHOR-
IZED ISSUERS ANY PORTION OF BOND PROCEEDS PAID TO PROVIDE FUNDS  FOR  OR
REIMBURSE  THE  STATE  FOR  ITS  COSTS  ASSOCIATED  WITH SUCH AUTHORIZED
PURPOSES AND TO CREDIT SUCH AMOUNTS TO THE CAPITAL PROJECTS FUND OR  ANY
OTHER APPROPRIATE FUND.
  S 26. Section 69-n of the state finance law is amended by adding a new
subdivision 12 to read as follows:
  12.  THE  COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM THE AUTHOR-
IZED ISSUERS ANY PORTION OF BOND PROCEEDS PAID TO PROVIDE FUNDS  FOR  OR
REIMBURSE  THE  STATE  FOR  ITS  COSTS  ASSOCIATED  WITH SUCH AUTHORIZED
PURPOSES AND TO CREDIT SUCH AMOUNTS TO THE CAPITAL PROJECTS FUND OR  ANY
OTHER APPROPRIATE FUND.
  S  27.  Paragraph  (b)  of  subdivision  4  of section 72 of the state
finance law, as amended by section 37 of part U of  chapter  59  of  the
laws of 2012, is amended to read as follows:
  (b)  On  or  before the beginning of each quarter, the director of the
budget may certify to the state  comptroller  the  estimated  amount  of
monies  that  shall be reserved in the general debt service fund for the
payment of debt service and related expenses payable by such fund during
each month of the state fiscal year, excluding  payments  due  from  the
revenue  bond tax fund. Such certificate may be periodically updated, as
necessary. Notwithstanding any provision of law  to  the  contrary,  the
state  comptroller  shall  reserve  in the general debt service fund the
amount of monies identified on such certificate  as  necessary  for  the
payment  of debt service and related expenses during the current or next
succeeding quarter of the state fiscal year. Such monies reserved  shall
not  be  available  for  any  other  purpose.  Such certificate shall be
reported to the chairpersons of the Senate  Finance  Committee  and  the
Assembly  Ways  and  Means  Committee. [The provisions of this paragraph
shall expire June thirtieth, two thousand fourteen.]
  S 28. Section 47 of section 1 of chapter 174  of  the  laws  of  1968,
constituting  the  New  York state urban development corporation act, as

S. 6355--A                         69                         A. 8555--A

added by section 47 of part HH of chapter 57 of the  laws  of  2013,  is
amended to read as follows:
  S  47.    1.  Notwithstanding  the  provisions of any other law to the
contrary, the dormitory authority and the corporation are hereby author-
ized to issue bonds or notes in one or more series for  the  purpose  of
funding project costs for the office of information technology services,
DEPARTMENT  OF  LAW,  and other state costs associated with such capital
projects.   The aggregate principal amount of  bonds  authorized  to  be
issued  pursuant  to  this  section  shall not exceed [eighty-seven] ONE
HUNDRED EIGHTY-TWO million [seven] FOUR hundred forty thousand  dollars,
excluding  bonds  issued to fund one or more debt service reserve funds,
to pay costs of issuance of such bonds, and bonds  or  notes  issued  to
refund  or  otherwise  repay such bonds or notes previously issued. Such
bonds and notes of the dormitory authority and the corporation shall not
be a debt of the state, and the state shall not be liable  thereon,  nor
shall  they be payable out of any funds other than those appropriated by
the state to the dormitory authority and the corporation for  principal,
interest,  and  related expenses pursuant to a service contract and such
bonds and notes shall contain on the face thereof a  statement  to  such
effect. Except for purposes of complying with the internal revenue code,
any  interest  income  earned on bond proceeds shall only be used to pay
debt service on such bonds.
  2. Notwithstanding any other provision of  law  to  the  contrary,  in
order to assist the dormitory authority and the corporation in undertak-
ing  the financing for project costs for the office of information tech-
nology services, DEPARTMENT OF LAW, and  other  state  costs  associated
with such capital projects, the director of the budget is hereby author-
ized  to  enter  into  one  or more service contracts with the dormitory
authority and the corporation, none of which shall exceed  thirty  years
in duration, upon such terms and conditions as the director of the budg-
et and the dormitory authority and the corporation agree, so as to annu-
ally  provide  to  the  dormitory  authority and the corporation, in the
aggregate, a sum not to exceed  the  principal,  interest,  and  related
expenses required for such bonds and notes. Any service contract entered
into  pursuant  to this section shall provide that the obligation of the
state to pay the amount therein provided shall not constitute a debt  of
the  state  within  the  meaning  of  any  constitutional  or  statutory
provision and shall be deemed executory only to  the  extent  of  monies
available  and  that  no liability shall be incurred by the state beyond
the monies available for such purpose, subject to  annual  appropriation
by the legislature. Any such contract or any payments made or to be made
thereunder  may  be  assigned and pledged by the dormitory authority and
the corporation as security for its bonds and notes,  as  authorized  by
this section.
  S 29. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of  1997,  relating  to  the  financing  of  the correctional facilities
improvement fund and the youth facility improvement fund, as amended  by
section  49  of part HH of chapter 57 of the laws of 2013, is amended to
read as follows:
  1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby  authorized  to  issue  bonds,  notes and other obligations in an
aggregate principal amount not  to  exceed  seven  billion  one  hundred
[thirty-three]   FORTY-EIGHT   million   sixty-nine   thousand   dollars
[$7,133,069,000] $7,148,069,000, and shall include all bonds, notes  and

S. 6355--A                         70                         A. 8555--A

other  obligations issued pursuant to chapter 56 of the laws of 1983, as
amended or supplemented. The proceeds of  such  bonds,  notes  or  other
obligations  shall be paid to the state, for deposit in the correctional
facilities capital improvement fund to pay for all or any portion of the
amount  or  amounts paid by the state from appropriations or reappropri-
ations made to the department of corrections and  community  supervision
from  the  correctional  facilities capital improvement fund for capital
projects. The aggregate amount of  bonds,  notes  or  other  obligations
authorized  to  be  issued pursuant to this section shall exclude bonds,
notes or other obligations issued to refund or  otherwise  repay  bonds,
notes  or  other  obligations  theretofore issued, the proceeds of which
were paid to the state for all or a portion of the amounts  expended  by
the state from appropriations or reappropriations made to the department
of  corrections  and community supervision; provided, however, that upon
any such refunding or repayment the total aggregate principal amount  of
outstanding  bonds, notes or other obligations may be greater than seven
billion one hundred [thirty-three] FORTY-EIGHT million sixty-nine  thou-
sand  dollars [$7,133,069,000] $7,148,069,000, only if the present value
of the aggregate debt service of the refunding or repayment bonds, notes
or other obligations to be issued shall not exceed the present value  of
the  aggregate  debt service of the bonds, notes or other obligations so
to be refunded or repaid. For the purposes hereof, the present value  of
the aggregate debt service of the refunding or repayment bonds, notes or
other  obligations and of the aggregate debt service of the bonds, notes
or other obligations so refunded  or  repaid,  shall  be  calculated  by
utilizing  the  effective  interest  rate  of the refunding or repayment
bonds, notes or other obligations, which shall be that rate  arrived  at
by  doubling  the  semi-annual  interest rate (compounded semi-annually)
necessary to discount the debt service  payments  on  the  refunding  or
repayment bonds, notes or other obligations from the payment dates ther-
eof  to  the date of issue of the refunding or repayment bonds, notes or
other obligations and to  the  price  bid  including  estimated  accrued
interest  or  proceeds  received  by the corporation including estimated
accrued interest from the sale thereof.
  S 30. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
housing  finance  law, as amended by section 50 of part HH of chapter 57
of the laws of 2013, is amended to read as follows:
  (a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, in order to enhance and encourage  the  promotion  of  housing
programs  and thereby achieve the stated purposes and objectives of such
housing programs, the agency shall have the power and is hereby  author-
ized  from  time  to  time to issue negotiable housing program bonds and
notes in such principal amount as shall be necessary to  provide  suffi-
cient  funds  for the repayment of amounts disbursed (and not previously
reimbursed) pursuant to law or any prior year making  capital  appropri-
ations  or  reappropriations  for  the  purposes of the housing program;
provided, however, that the agency may issue such bonds and notes in  an
aggregate  principal  amount  not  exceeding  two billion [eight hundred
forty-four] NINE HUNDRED NINETY-NINE million [eight hundred] ninety-nine
thousand dollars, plus a principal amount of bonds issued  to  fund  the
debt  service  reserve  fund in accordance with the debt service reserve
fund requirement established  by  the  agency  and  to  fund  any  other
reserves  that the agency reasonably deems necessary for the security or
marketability of such bonds and to provide for the payment of  fees  and
other  charges  and  expenses, including underwriters' discount, trustee
and rating agency fees, bond insurance, credit enhancement and liquidity

S. 6355--A                         71                         A. 8555--A

enhancement related to the issuance of such bonds and notes. No  reserve
fund securing the housing program bonds shall be entitled or eligible to
receive  state  funds apportioned or appropriated to maintain or restore
such  reserve  fund at or to a particular level, except to the extent of
any deficiency resulting directly or indirectly from a  failure  of  the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
  S  31.  Subdivision  (b)  of  section 11 of chapter 329 of the laws of
1991, amending the state finance law and  other  laws  relating  to  the
establishment of the dedicated highway and bridge trust fund, as amended
by  section  51 of part HH of chapter 57 of the laws of 2013, is amended
to read as follows:
  (b) Any service contract or contracts for projects authorized pursuant
to sections 10-c, 10-f, 10-g and 80-b of the  highway  law  and  section
14-k of the transportation law, and entered into pursuant to subdivision
(a)  of  this  section,  shall  provide for state commitments to provide
annually to the thruway authority a sum or sums,  upon  such  terms  and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations  of  the  thruway  authority  issued to fund OR TO REIMBURSE THE
STATE FOR  FUNDING  such  projects  having  a  cost  not  in  excess  of
[$7,591,875,000]  $8,080,728,000  cumulatively by the end of fiscal year
[2013-14] 2014-15.
  S 32. Subdivision 1 of section 1689-i of the public  authorities  law,
as  amended  by section 52 of part HH of chapter 57 of the laws of 2013,
is amended to read as follows:
  1. The dormitory authority  is  authorized  to  issue  bonds,  at  the
request  of  the  commissioner of education, to finance eligible library
construction projects pursuant to section two hundred seventy-three-a of
the education law, in amounts certified  by  such  commissioner  not  to
exceed  a  total  principal  amount  of [one hundred twelve] ONE HUNDRED
TWENTY-SIX million dollars.
  S 33. Subdivision (a) of section 27 of part Y of  chapter  61  of  the
laws  of  2005,  providing  for  the administration of certain funds and
accounts related to the 2005-2006 budget, as amended by  section  53  of
part  HH  of  chapter  57  of  the  laws  of 2013, is amended to read as
follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding  any provisions of law to the contrary, the urban devel-
opment corporation is hereby authorized to issue bonds or notes  in  one
or   more  series  in  an  aggregate  principal  amount  not  to  exceed
[$133,600,000] $149,600,000, excluding bonds issued to  finance  one  or
more debt service reserve funds, to pay costs of issuance of such bonds,
and  bonds  or  notes  issued to refund or otherwise repay such bonds or
notes previously issued, for the purpose of financing  capital  projects
INCLUDING  IT INITIATIVES for the division of state police, debt service
and leases; and to reimburse the state general  fund  for  disbursements
made  therefor. Such bonds and notes of such authorized issuer shall not
be a debt of the state, and the state shall not be liable  thereon,  nor
shall  they be payable out of any funds other than those appropriated by
the state to  such  authorized  issuer  for  debt  service  and  related
expenses  pursuant to any service contract executed pursuant to subdivi-
sion (b) of this section and such bonds and notes shall contain  on  the
face  thereof a statement to such effect. Except for purposes of comply-
ing with the internal revenue code, any interest income earned  on  bond
proceeds shall only be used to pay debt service on such bonds.

S. 6355--A                         72                         A. 8555--A

  S  34.  Section  44  of  section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development  corporation  act,  as
amended  by  section 54 of part HH of chapter 57 of the laws of 2013, is
amended to read as follows:
  S  44.  Issuance  of  certain  bonds  or notes. 1. Notwithstanding the
provisions of any other law to the contrary, the dormitory authority and
the corporation are hereby authorized to issue bonds or notes in one  or
more  series  for  the purpose of funding project costs for the regional
economic development council  initiative,  the  economic  transformation
program,  state university of New York college for nanoscale and science
engineering, projects within the city of Buffalo  or  surrounding  envi-
rons,  the  New  York  works economic development fund, projects for the
retention of professional football in western New York, the empire state
economic [devlopment] DEVELOPMENT fund,  THE  CLARKSON-TRUDEAU  PARTNER-
SHIP,  THE  NEW  YORK  GENOME  CENTER, THE CORNELL UNIVERSITY COLLEGE OF
VETERINARY MEDICINE,  THE  OLYMPIC  REGIONAL  DEVELOPMENT  AUTHORITY,  A
PROJECT  AT  NANO  UTICA,  ONONDAGA  COUNTY REVITALIZATION PROJECTS, and
other state costs associated with such projects. The aggregate principal
amount of bonds authorized to be issued pursuant to this  section  shall
not  exceed  [one]  TWO  billion [three] ONE HUNDRED NINETY-FIVE million
[six] TWO hundred [seven] FIFTY-SEVEN thousand dollars, excluding  bonds
issued  to  fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued. Such bonds and notes of the
dormitory authority and the corporation shall  not  be  a  debt  of  the
state,  and  the  state  shall  not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the  state  to
the dormitory authority and the corporation for principal, interest, and
related expenses pursuant to a service contract and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes  of  complying  with  the  internal  revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  2. Notwithstanding any other provision of  law  to  the  contrary,  in
order to assist the dormitory authority and the corporation in undertak-
ing  the  financing for project costs for the regional economic develop-
ment council initiative,  the  economic  transformation  program,  state
university  of  New  York college for nanoscale and science engineering,
projects within the city of Buffalo or  surrounding  environs,  the  New
York  works  economic  development  fund,  projects for the retention of
professional football in western New York,  the  empire  state  economic
development  fund, THE CLARKSON-TRUDEAU PARTNERSHIP, THE NEW YORK GENOME
CENTER, THE CORNELL UNIVERSITY COLLEGE OF VETERINARY MEDICINE, THE OLYM-
PIC REGIONAL DEVELOPMENT AUTHORITY, A PROJECT AT  NANO  UTICA,  ONONDAGA
COUNTY  REVITALIZATION  PROJECTS,  and other state costs associated with
such projects, the director of the budget is hereby authorized to  enter
into  one or more service contracts with the dormitory authority and the
corporation, none of which shall exceed thirty years in  duration,  upon
such terms and conditions as the director of the budget and the dormito-
ry authority and the corporation agree, so as to annually provide to the
dormitory  authority and the corporation, in the aggregate, a sum not to
exceed the principal, interest, and related expenses required  for  such
bonds  and  notes.  Any  service  contract entered into pursuant to this
section shall provide that the obligation of the state to pay the amount
therein provided shall not constitute a debt of  the  state  within  the
meaning of any constitutional or statutory provision and shall be deemed

S. 6355--A                         73                         A. 8555--A

executory  only  to the extent of monies available and that no liability
shall be incurred by the state beyond  the  monies  available  for  such
purpose,  subject  to  annual appropriation by the legislature. Any such
contract  or  any payments made or to be made thereunder may be assigned
and pledged by the dormitory authority and the corporation  as  security
for its bonds and notes, as authorized by this section.
  S  35.  Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 55 of part HH of chapter 57 of the laws  of  2013,
is amended to read as follows:
  3.  The  maximum amount of bonds that may be issued for the purpose of
financing  environmental  infrastructure  projects  authorized  by  this
section   shall   be   one  billion  [two]  THREE  hundred  [sixty-five]
NINETY-EIGHT million [seven] TWO hundred sixty thousand dollars,  exclu-
sive  of  bonds issued to fund any debt service reserve funds, pay costs
of issuance of such bonds, and bonds or notes issued to refund or other-
wise repay bonds or notes previously issued. Such bonds and notes of the
corporation shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any  funds  other  than
those  appropriated by the state to the corporation for debt service and
related expenses pursuant to any service contracts executed pursuant  to
subdivision  one of this section, and such bonds and notes shall contain
on the face thereof a statement to such effect.
  S 36. Section 93-a of the state finance law, as added by section 64 of
part HH of chapter 57 of the  laws  of  2013,  is  amended  to  read  as
follows:
  S  93-a.  New  York state storm recovery capital fund. 1. (a) There is
hereby established in the joint  custody  of  the  comptroller  and  the
commissioner  of  taxation and finance a special fund to be known as the
"New York state storm recovery capital fund".
  (b) The sources of funds shall consist of all moneys collected  there-
for,  or  moneys  credited, appropriated or transferred thereto from any
other fund or source pursuant to law, or any other moneys made available
for the purposes of the fund. [Any interest received by the  comptroller
on moneys on deposit shall be retained in and become a part of the fund,
unless otherwise directed by law.]
  2.  Following  appropriation  by  the legislature, moneys in the storm
recovery capital fund shall be available [to finance]  FOR  the  repair,
rehabilitation,  or  replacement of capital works or purposes damaged by
Hurricane Sandy or any future natural disaster expected to  be  eligible
for reimbursement by the Federal Emergency Management Agency (FEMA), the
Federal Transit Administration (FTA), the Federal Highway Administration
(FHWA)  [and] AND/OR any other Federal reimbursement source. No money in
this account may be expended for any project [until] UNLESS the director
of the budget OR HIS OR HER DESIGNEE has  determined  that  there  is  a
substantial  likelihood  that  the costs of such project shall be [reim-
bursed] ELIGIBLE FOR REIMBURSEMENT by  Federal  sources.  [The  director
shall  issue  formal rules that set forth the process by which he or she
will determine whether there is a substantial likelihood  of  reimburse-
ment by Federal sources.]
  S  37.  Subdivision 1 of section 45 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban  development  corpo-
ration  act,  as  amended  by section 65 of part HH of chapter 57 of the
laws of 2013, is amended to read as follows:
  1. Notwithstanding the provisions of any other law  to  the  contrary,
the  urban  development  corporation  of the state of New York is hereby
authorized to issue bonds or notes in one or more series for the purpose

S. 6355--A                         74                         A. 8555--A

of funding project costs for the implementation of a NY-SUNY and NY-CUNY
2020 challenge grant program subject to the approval of  a  NY-SUNY  and
NY-CUNY  2020 plan or plans by the governor and either the chancellor of
the state university of New York or the chancellor of the city universi-
ty  of  New York, as applicable. The aggregate principal amount of bonds
authorized to be issued  pursuant  to  this  section  shall  not  exceed
[$220,000,000]  $330,000,000, excluding bonds issued to fund one or more
debt service reserve funds, to pay costs of issuance of such bonds,  and
bonds  or  notes issued to refund or otherwise repay such bonds or notes
previously issued. Such bonds and notes of the corporation shall not  be
a  debt  of  the  state,  and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated  by
the  state  to  the  corporation  for  principal,  interest, and related
expenses pursuant to a service contract and such bonds and  notes  shall
contain  on  the  face  thereof  a  statement to such effect. Except for
purposes of complying with  the  internal  revenue  code,  any  interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  S  38.  Subdivision  (a)  of section 48 of part K of chapter 81 of the
laws of 2002, providing for the  administration  of  certain  funds  and
accounts  related  to  the 2002-2003 budget, as amended by section 68 of
part HH of chapter 57 of the  laws  of  2013,  is  amended  to  read  as
follows:
  (a)  Subject  to  the provisions of chapter 59 of the laws of 2000 but
notwithstanding the provisions of section 18 of  the  urban  development
corporation  act, the corporation is hereby authorized to issue bonds or
notes in one or more series in an  aggregate  principal  amount  not  to
exceed  [$67,000,000] $204,000,000 excluding bonds issued to fund one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and bonds or notes issued to refund or otherwise  repay  such  bonds  or
notes  previously  issued,  for  the  purpose of financing capital costs
related to homeland security and training facilities for the division of
state police, the division of military and naval affairs, and any  other
state agency, including the reimbursement of any disbursements made from
the state capital projects fund, and is hereby authorized to issue bonds
or  notes  in one or more series in an aggregate principal amount not to
exceed [$220,800,000] $317,800,000, excluding bonds issued to  fund  one
or  more  debt  service  reserve funds, to pay costs of issuance of such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued, for the purpose of financing improvements to
State office buildings and other facilities located statewide, including
the reimbursement of any  disbursements  made  from  the  state  capital
projects  fund.  Such  bonds and notes of the corporation shall not be a
debt of the state, and the state shall not be liable thereon, nor  shall
they  be  payable  out of any funds other than those appropriated by the
state to the corporation for debt service and related expenses  pursuant
to  any  service  contracts executed pursuant to subdivision (b) of this
section, and such bonds and notes shall contain on the  face  thereof  a
statement to such effect.
  S 39. Subdivision 1 of section 386-b of the public authorities law, as
amended  by  section 69 of part HH of chapter 57 of the laws of 2013, is
amended to read as follows:
  1. Notwithstanding any other provision of law  to  the  contrary,  the
authority, the dormitory authority and the urban development corporation
are  hereby authorized to issue bonds or notes in one or more series for
the purpose of financing peace bridge  projects  and  capital  costs  of

S. 6355--A                         75                         A. 8555--A

state and local highways, parkways, bridges, the New York state thruway,
Indian reservation roads, and facilities, and transportation infrastruc-
ture   projects   including  aviation  projects,  non-MTA  mass  transit
projects,  and rail service preservation projects, including work appur-
tenant and ancillary thereto. The aggregate principal  amount  of  bonds
authorized  to be issued pursuant to this section shall not exceed [two]
FOUR  hundred  [forty]  SIXTY-FIVE  million   dollars   [($240,000,000)]
($465,000,000),  excluding bonds issued to fund one or more debt service
reserve funds, to pay costs of issuance of such bonds, and to refund  or
otherwise  repay  such  bonds or notes previously issued. Such bonds and
notes of the authority, the dormitory authority and the  urban  develop-
ment  corporation  shall not be a debt of the state, and the state shall
not be liable thereon, nor shall they be payable out of any funds  other
than  those  appropriated  by  the state to the authority, the dormitory
authority and the urban development corporation for principal, interest,
and related expenses pursuant to a service contract and such  bonds  and
notes  shall  contain  on  the  face thereof a statement to such effect.
Except for purposes of complying with the  internal  revenue  code,  any
interest  income  earned on bond proceeds shall only be used to pay debt
service on such bonds.
  S 40. Paragraph (c) of subdivision 19 of section 1680  of  the  public
authorities  law, as amended by section 69-a of part HH of chapter 57 of
the laws of 2013, is amended to read as follows:
  (c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the dormitory authority shall not issue any  bonds  for  state
university  educational  facilities  purposes if the principal amount of
bonds to be issued when added to the aggregate principal amount of bonds
issued by the dormitory authority on  and  after  July  first,  nineteen
hundred  eighty-eight  for  state university educational facilities will
exceed ten billion [four] NINE hundred [twenty-two]  THIRTY-TWO  million
dollars;  provided,  however, that bonds issued or to be issued shall be
excluded from such limitation if: (1) such bonds are  issued  to  refund
state  university  construction  bonds and state university construction
notes previously issued by the housing finance agency; or (2) such bonds
are issued to refund bonds of the authority or other obligations  issued
for  state  university  educational  facilities purposes and the present
value of the aggregate debt service on  the  refunding  bonds  does  not
exceed  the  present  value  of  the aggregate debt service on the bonds
refunded thereby; provided,  further  that  upon  certification  by  the
director  of  the  budget  that the issuance of refunding bonds or other
obligations issued between April first, nineteen hundred ninety-two  and
March  thirty-first,  nineteen  hundred  ninety-three will generate long
term economic benefits to the state, as  assessed  on  a  present  value
basis,  such  issuance will be deemed to have met the present value test
noted above. For purposes of this subdivision, the present value of  the
aggregate  debt  service  of  the refunding bonds and the aggregate debt
service of the bonds refunded, shall be calculated by utilizing the true
interest cost of the refunding bonds, which shall be that  rate  arrived
at  by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the  refunding  bonds
from  the  payment  dates  thereof to the date of issue of the refunding
bonds to the purchase price of the refunding bonds,  including  interest
accrued  thereon  prior  to  the  issuance thereof. The maturity of such
bonds, other than bonds issued to refund outstanding  bonds,  shall  not
exceed  the  weighted  average  economic life, as certified by the state
university construction fund, of the facilities in connection with which

S. 6355--A                         76                         A. 8555--A

the bonds are issued, and in any case not  later  than  the  earlier  of
thirty  years  or  the  expiration of the term of any lease, sublease or
other agreement relating  thereto;  provided  that  no  note,  including
renewals  thereof,  shall mature later than five years after the date of
issuance of such note. The legislature reserves the right  to  amend  or
repeal  such  limit, and the state of New York, the dormitory authority,
the state university of New York, and the state university  construction
fund are prohibited from covenanting or making any other agreements with
or  for  the  benefit  of bondholders which might in any way affect such
right.
  S 41. Paragraph (c) of subdivision 14 of section 1680  of  the  public
authorities  law,  as  amended by section 67 of part HH of chapter 57 of
the laws of 2013, is amended to read as follows:
  (c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, (i) the dormitory authority shall  not  deliver  a  series  of
bonds for city university community college facilities, except to refund
or  to  be substituted for or in lieu of other bonds in relation to city
university community college facilities pursuant to a resolution of  the
dormitory  authority adopted before July first, nineteen hundred eighty-
five or any resolution supplemental thereto, if the principal amount  of
bonds  so  to  be  issued  when  added to all principal amounts of bonds
previously issued by the dormitory authority for city university  commu-
nity  college  facilities, except to refund or to be substituted in lieu
of other bonds in relation to city university community college  facili-
ties will exceed the sum of four hundred twenty-five million dollars and
(ii)  the dormitory authority shall not deliver a series of bonds issued
for city university facilities, including community college  facilities,
pursuant  to a resolution of the dormitory authority adopted on or after
July first, nineteen hundred eighty-five, except  to  refund  or  to  be
substituted for or in lieu of other bonds in relation to city university
facilities  and except for bonds issued pursuant to a resolution supple-
mental to a resolution of the dormitory authority adopted prior to  July
first, nineteen hundred eighty-five, if the principal amount of bonds so
to  be  issued  when  added  to the principal amount of bonds previously
issued pursuant to any such resolution, except bonds issued to refund or
to be substituted for or in lieu of other  bonds  in  relation  to  city
university  facilities,  will  exceed  [six]  SEVEN  billion [eight] ONE
hundred   [fifty-three]   TWENTY-SIX   million   [two]   EIGHT   hundred
TWENTY-EIGHT  thousand  dollars.   The legislature reserves the right to
amend or repeal such limit, and the state of  New  York,  the  dormitory
authority,  the city university, and the fund are prohibited from coven-
anting or making any other agreements with or for the benefit  of  bond-
holders which might in any way affect such right.
  S  42. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 66 of part HH of chapter 57 of the laws  of  2013,
is amended to read as follows:
  10-a.  Subject  to the provisions of chapter fifty-nine of the laws of
two thousand, but notwithstanding any other provision of the law to  the
contrary, the maximum amount of bonds and notes to be issued after March
thirty-first,  two  thousand two, on behalf of the state, in relation to
any locally sponsored community college, shall be  six  hundred  [sixty-
three]  NINETY-FIVE  million  ONE  HUNDRED TWENTY-NINE THOUSAND dollars.
Such amount shall be exclusive of bonds and notes  issued  to  fund  any
reserve  fund  or funds, costs of issuance and to refund any outstanding
bonds and notes, issued on behalf of the state, relating  to  a  locally
sponsored community college.

S. 6355--A                         77                         A. 8555--A

  S  43.  The  public authorities law is amended by adding a new section
1680-r to read as follows:
  S  1680-R.    AUTHORIZATION  FOR THE ISSUANCE OF BONDS FOR THE CAPITAL
RESTRUCTURING FINANCING PROGRAM. 1. NOTWITHSTANDING  THE  PROVISIONS  OF
ANY  OTHER  LAW  TO  THE CONTRARY, THE DORMITORY AUTHORITY AND THE URBAN
DEVELOPMENT CORPORATION ARE HEREBY AUTHORIZED TO ISSUE BONDS OR NOTES IN
ONE OR MORE SERIES FOR THE PURPOSE OF  FUNDING  PROJECT  COSTS  FOR  THE
CAPITAL  RESTRUCTURING  FINANCING  PROGRAM  FOR  HEALTH CARE AND RELATED
FACILITIES LICENSED PURSUANT TO THE PUBLIC  HEALTH  LAW  OR  THE  MENTAL
HYGIENE LAW AND OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS.
THE AGGREGATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO BE ISSUED PURSUANT
TO  THIS  SECTION  SHALL  NOT  EXCEED  ONE  BILLION  TWO HUNDRED MILLION
DOLLARS, EXCLUDING BONDS ISSUED TO FUND ONE OR MORE DEBT SERVICE RESERVE
FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH BONDS, AND BONDS OR NOTES ISSUED
TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED. SUCH
BONDS AND NOTES OF THE DORMITORY AUTHORITY  AND  THE  URBAN  DEVELOPMENT
CORPORATION SHALL NOT BE A DEBT OF THE STATE, AND THE STATE SHALL NOT BE
LIABLE  THEREON,  NOR  SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN
THOSE APPROPRIATED BY THE STATE TO THE DORMITORY AUTHORITY AND THE URBAN
DEVELOPMENT CORPORATION FOR PRINCIPAL, INTEREST,  AND  RELATED  EXPENSES
PURSUANT TO A SERVICE CONTRACT AND SUCH BONDS AND NOTES SHALL CONTAIN ON
THE  FACE  THEREOF  A  STATEMENT  TO SUCH EFFECT. EXCEPT FOR PURPOSES OF
COMPLYING WITH THE INTERNAL REVENUE CODE, ANY INTEREST INCOME EARNED  ON
BOND PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS.
  2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, IN
ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
RATION IN UNDERTAKING THE FINANCING FOR PROJECT COSTS  FOR  THE  CAPITAL
RESTRUCTURING  FINANCING  PROGRAM FOR HEALTH CARE AND RELATED FACILITIES
LICENSED PURSUANT TO THE PUBLIC HEALTH LAW OR THE MENTAL HYGIENE LAW AND
OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS, THE DIRECTOR OF
THE BUDGET IS HEREBY AUTHORIZED  TO  ENTER  INTO  ONE  OR  MORE  SERVICE
CONTRACTS  WITH THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
RATION, NONE OF WHICH SHALL EXCEED THIRTY YEARS IN DURATION,  UPON  SUCH
TERMS  AND  CONDITIONS  AS  THE DIRECTOR OF THE BUDGET AND THE DORMITORY
AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION AGREE, SO AS TO ANNUALLY
PROVIDE TO THE DORMITORY AUTHORITY  AND  THE  URBAN  DEVELOPMENT  CORPO-
RATION,  IN  THE AGGREGATE, A SUM NOT TO EXCEED THE PRINCIPAL, INTEREST,
AND RELATED EXPENSES REQUIRED FOR SUCH  BONDS  AND  NOTES.  ANY  SERVICE
CONTRACT  ENTERED  INTO  PURSUANT TO THIS SECTION SHALL PROVIDE THAT THE
OBLIGATION OF THE STATE TO PAY THE AMOUNT  THEREIN  PROVIDED  SHALL  NOT
CONSTITUTE  A DEBT OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL
OR STATUTORY PROVISION AND SHALL BE DEEMED EXECUTORY ONLY TO THE  EXTENT
OF MONIES AVAILABLE AND THAT NO LIABILITY SHALL BE INCURRED BY THE STATE
BEYOND  THE  MONIES AVAILABLE FOR SUCH PURPOSE, SUBJECT TO ANNUAL APPRO-
PRIATION BY THE LEGISLATURE. ANY SUCH CONTRACT OR ANY PAYMENTS  MADE  OR
TO  BE  MADE  THEREUNDER  MAY  BE  ASSIGNED AND PLEDGED BY THE DORMITORY
AUTHORITY AND THE URBAN DEVELOPMENT  CORPORATION  AS  SECURITY  FOR  ITS
BONDS AND NOTES, AS AUTHORIZED BY THIS SECTION.
  S 44. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of  1997,  providing  for  the  financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended  by
section  43  of part BB of chapter 58 of the laws of 2011, is amended to
read as follows:
  1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is

S. 6355--A                         78                         A. 8555--A

hereby  authorized  to  issue  bonds,  notes and other obligations in an
aggregate principal amount not  to  exceed  four  hundred  [twenty-nine]
SIXTY-FIVE  million  [five]  THREE hundred [fifteen] SIXTY-FIVE thousand
dollars  [($429,515,000)]  ($465,365,000), which authorization increases
the aggregate principal amount of bonds,  notes  and  other  obligations
authorized  by  section 40 of chapter 309 of the laws of 1996, and shall
include all bonds, notes and other obligations issued pursuant to  chap-
ter 211 of the laws of 1990, as amended or supplemented. The proceeds of
such  bonds,  notes or other obligations shall be paid to the state, for
deposit in the youth facilities improvement fund, to pay for all or  any
portion  of  the amount or amounts paid by the state from appropriations
or reappropriations made to the office of children and  family  services
from  the  youth  facilities  improvement fund for capital projects. The
aggregate amount of bonds, notes and other obligations authorized to  be
issued  pursuant  to  this  section  shall exclude bonds, notes or other
obligations issued to refund or otherwise repay bonds,  notes  or  other
obligations  theretofore  issued, the proceeds of which were paid to the
state for all or a portion of the amounts expended  by  the  state  from
appropriations  or  reappropriations  made to the office of children and
family services; provided, however, that  upon  any  such  refunding  or
repayment  the  total  aggregate  principal amount of outstanding bonds,
notes or other obligations may be greater  than  four  hundred  [twenty-
nine] SIXTY-FIVE million [five] THREE hundred [fifteen] SIXTY-FIVE thou-
sand dollars [$429,515,000] ($465,365,000), only if the present value of
the aggregate debt service of the refunding or repayment bonds, notes or
other obligations to be issued shall not exceed the present value of the
aggregate debt service of the bonds, notes or other obligations so to be
refunded  or  repaid.  For the purposes hereof, the present value of the
aggregate debt service of the refunding or  repayment  bonds,  notes  or
other  obligations and of the aggregate debt service of the bonds, notes
or other obligations so refunded  or  repaid,  shall  be  calculated  by
utilizing  the  effective  interest  rate  of the refunding or repayment
bonds, notes or other obligations, which shall be that rate  arrived  at
by  doubling  the  semi-annual  interest rate (compounded semi-annually)
necessary to discount the debt service  payments  on  the  refunding  or
repayment bonds, notes or other obligations from the payment dates ther-
eof  to  the date of issue of the refunding or repayment bonds, notes or
other obligations and to  the  price  bid  including  estimated  accrued
interest  or  proceeds  received  by the corporation including estimated
accrued interest from the sale thereof.
  S 45. Subdivision 3 of section 1285-q of the public  authorities  law,
as  added  by  section  6 of part I of chapter 1 of the laws of 2003, is
amended to read follows:
  3. The maximum amount of bonds that may be issued for the  purpose  of
financing  hazardous  waste  site remediation projects AND ENVIRONMENTAL
RESTORATION PROJECTS authorized by this section  shall  not  exceed  one
billion  [two]  THREE  hundred  million dollars and shall not exceed one
hundred twenty million dollars for appropriations enacted for any  state
fiscal  year, provided that the bonds not issued for such appropriations
may be issued pursuant to reappropriation in  subsequent  fiscal  years.
[No  bonds  shall  be  issued for the repayment of any new appropriation
enacted after March thirty-first, two thousand  thirteen  for  hazardous
waste  site  remediation  projects  authorized by this section.] Amounts
authorized to be issued by this section  shall  be  exclusive  of  bonds
issued  to fund any debt service reserve funds, pay costs of issuance of
such bonds, and bonds or notes issued to refund or otherwise repay bonds

S. 6355--A                         79                         A. 8555--A

or notes previously issued. Such bonds  and  notes  of  the  corporation
shall  not  be  a  debt  of the state, and the state shall not be liable
thereon, nor shall they be payable out of any  funds  other  than  those
appropriated  by  this  state  to  the  corporation for debt service and
related expenses pursuant to any service contracts executed pursuant  to
subdivision  one of this section, and such bonds and notes shall contain
on the face thereof a statement to such effect.
  S 46. Paragraph b of subdivision 2 of section  9-a  of  section  1  of
chapter 392 of the laws of 1973, constituting the New York state medical
care  facilities  finance agency act, as amended by section 49-c of part
PP of chapter 56 of the laws of 2009, is amended to read as follows:
  b. The agency shall have power and is hereby authorized from  time  to
time  to  issue negotiable bonds and notes in conformity with applicable
provisions of the uniform commercial code in such principal  amount  as,
in  the  opinion  of  the  agency, shall be necessary, after taking into
account other moneys which may be available for the purpose, to  provide
sufficient  funds  to  the  facilities  development  corporation, or any
successor agency, for the financing or refinancing of or for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of mental health services facilities pursuant to  paragraph  a  of  this
subdivision,  the payment of interest on mental health services improve-
ment bonds and mental health services improvement notes issued for  such
purposes,  the establishment of reserves to secure such bonds and notes,
the cost or premium of bond insurance or  the  costs  of  any  financial
mechanisms  which  may  be used to reduce the debt service that would be
payable by the agency on its mental health services facilities  improve-
ment  bonds  and notes and all other expenditures of the agency incident
to and necessary or convenient to providing the  facilities  development
corporation,  or  any  successor agency, with funds for the financing or
refinancing of or for any such design, construction, acquisition, recon-
struction, rehabilitation or improvement and for the refunding of mental
hygiene improvement bonds issued pursuant to section 47-b of the private
housing finance law; provided, however, that the agency shall not  issue
mental  health  services  facilities improvement bonds and mental health
services facilities improvement notes in an aggregate  principal  amount
exceeding  seven  billion  [three]  FOUR hundred [sixty-six] THIRTY-FIVE
million [six] EIGHT hundred FIFTEEN thousand dollars,  excluding  mental
health  services facilities improvement bonds and mental health services
facilities improvement notes issued to refund outstanding mental  health
services facilities improvement bonds and mental health services facili-
ties  improvement notes; provided, however, that upon any such refunding
or repayment of mental  health  services  facilities  improvement  bonds
and/or  mental  health  services  facilities improvement notes the total
aggregate principal amount of outstanding mental health services facili-
ties improvement bonds and mental health  facilities  improvement  notes
may be greater than seven billion [three] FOUR hundred [sixty-six] THIR-
TY-FIVE  million  [six]  EIGHT hundred FIFTEEN thousand dollars only if,
except as hereinafter provided with respect to  mental  health  services
facilities  bonds  and mental health services facilities notes issued to
refund mental hygiene improvement bonds authorized to be issued pursuant
to the provisions of section 47-b of the private  housing  finance  law,
the  present  value  of  the  aggregate debt service of the refunding or
repayment bonds to be issued shall not exceed the present value  of  the
aggregate  debt  service  of  the  bonds  to  be refunded or repaid. For
purposes hereof, the present values of the aggregate debt service of the
refunding or repayment bonds, notes or  other  obligations  and  of  the

S. 6355--A                         80                         A. 8555--A

aggregate  debt  service  of  the  bonds,  notes or other obligations so
refunded or repaid, shall  be  calculated  by  utilizing  the  effective
interest  rate of the refunding or repayment bonds, notes or other obli-
gations, which shall be that rate arrived at by doubling the semi-annual
interest  rate (compounded semi-annually) necessary to discount the debt
service payments on the refunding or repayment  bonds,  notes  or  other
obligations  from  the payment dates thereof to the date of issue of the
refunding or repayment bonds, notes or  other  obligations  and  to  the
price  bid  including estimated accrued interest or proceeds received by
the authority including estimated accrued interest from the sale  there-
of.  Such  bonds,  other  than bonds issued to refund outstanding bonds,
shall be scheduled to mature over a  term  not  to  exceed  the  average
useful  life, as certified by the facilities development corporation, of
the projects for which the bonds are issued, and in any case  shall  not
exceed  thirty  years  and the maximum maturity of notes or any renewals
thereof shall not exceed five years from the date of the original  issue
of such notes. Notwithstanding the provisions of this section, the agen-
cy  shall have the power and is hereby authorized to issue mental health
services facilities improvement  bonds  and/or  mental  health  services
facilities  improvement  notes  to  refund  outstanding  mental  hygiene
improvement bonds authorized to be issued pursuant to the provisions  of
section  47-b of the private housing finance law and the amount of bonds
issued or outstanding for  such  purposes  shall  not  be  included  for
purposes  of  determining  the  amount  of bonds issued pursuant to this
section. The director of the budget shall allocate the aggregate princi-
pal authorized to be issued by the agency among  the  office  of  mental
health, office [of mental retardation and] FOR PEOPLE WITH developmental
disabilities, and the office of alcoholism and substance abuse services,
in  consultation with their respective commissioners to finance bondable
appropriations previously approved by the legislature.
  S 47. This act shall take effect immediately and shall  be  deemed  to
have  been in full force and effect on and after April 1, 2014; provided
that sections one through nine, and sections thirteen  through  nineteen
of  this  act  shall  expire  March  31,  2015, when upon such date, the
provisions of such sections shall be deemed repealed.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through I of this act shall  be
as specifically set forth in the last section of such Parts.

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

    S. 6355--B                                            A. 8555--B

                      S E N A T E - A S S E M B L Y

                            January 21, 2014
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when  printed to be committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
  article seven of the Constitution -- read once  and  referred  to  the
  Committee  on  Ways  and  Means -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law, in relation to the  revoca-
  tion  of  driver's  licenses for multiple convictions of driving while
  intoxicated, civil penalties, and aggravated unlicensed operation of a
  motor vehicle; and to repeal certain provisions of such  law  relating
  thereto (Part A); to amend the vehicle and traffic law, in relation to
  the  suspension  and  revocation  of  certain  driver's  licenses  for
  violations relating to the use of mobile telephones and portable elec-
  tronic devices while driving and increased fines for  such  violations
  (Part  B);  to  amend chapter 503 of the laws of 2009, relating to the
  disposition of monies recovered by county  district  attorneys  before
  the  filing of an accusatory instrument, in relation to the effective-
  ness thereof (Part C); to amend the tax law, in relation to suspending
  the transfer of monies into the emergency services revolving loan fund
  from the public safety communications account (Part D); to  amend  the
  civil service law, in relation to the reimbursement of medicare premi-
  um  charges  (Part E); to amend the civil service law, the state tech-
  nology law, the general municipal law and the public officers law,  in
  relation to supporting the consolidation of state information technol-
  ogy  resources  (Part  F);  to  amend chapter 410 of the laws of 2009,
  amending the state finance law relating to authorizing  the  aggregate
  purchases  of  energy  for state agencies, institutions, local govern-
  ments, public authorities and public benefit corporations and  chapter
  97  of the laws of 2011, amending the state finance law and other laws
  relating to providing certain centralized service to political  subdi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD12670-03-4

S. 6355--B                          2                         A. 8555--B

  visions  and  extending  the  authority of the commissioner of general
  services to aggregate purchases of energy for state agencies and poli-
  tical subdivisions, in relation to extending the expiration dates  for
  the  provision of certain centralized services and purchasing authori-
  zations (Part G); to amend the criminal procedure law, in relation  to
  the  prosecution  of misconduct by public servants, and in relation to
  including corrupting the government within the definition of a  desig-
  nated offense; to amend the penal law, in relation to establishing the
  crime of corrupting the government, requires the intent  to  influence
  within the crime of bribery, and expands the crime of bribe receiving;
  to  amend  the  legislative law, in relation to lobbying; to amend the
  state finance law, in relation to cancellation and disqualification of
  certain contracts; to amend the  civil  practice  law  and  rules,  in
  relation  to  including the crime of public corruption within the term
  of preconviction forfeiture crime; to amend the public  officers  law,
  in  relation to persons deemed incapable of holding a civil office; to
  amend the real property tax law,  in  relation  to  certain  exemption
  limitations;  to amend the general municipal law, in relation to limi-
  tations on empire zone designation; to amend the tax law, in  relation
  to  certain  tax credit limitations; to amend the public officers law,
  in relation to financial disclosure and to repeal  section  195.20  of
  the  penal  law  relating to defrauding the government (Subpart A); to
  amend the election law, in relation to the state  board  of  elections
  chief enforcement counsel; and to amend the criminal procedure law, in
  relation  to  the  chief  enforcement  counsel  of  the state board of
  elections (Subpart B); to amend  the  election  law,  in  relation  to
  campaign  finance  reform  and  in  relation  to campaign contribution
  limits and penalties for violations (Subpart  C);  and  to  amend  the
  election  law,  in  relation to campaign receipts and expenditures; to
  amend the election law, in relation to contribution and receipt  limi-
  tations;  to  amend the election law, in relation to public financing;
  to amend the state finance law, in relation  to  the  New  York  state
  campaign  finance  fund;  and to amend the tax law, in relation to the
  New York state campaign finance fund check-off (Subpart D)  (Part  H);
  to  provide  for  the  administration  of  certain  funds and accounts
  related to the 2014-15 budget, authorizing certain payments and trans-
  fers; to amend the state finance law, in relation to school tax relief
  fund; to amend the state finance law, in relation to payments,  trans-
  fers  and deposits; to amend the state finance law, in relation to the
  period for which appropriations  can  be  made;  to  transfer  certain
  employees  of the division of military and naval affairs to the office
  of general services; to amend the state finance law,  in  relation  to
  the  issuance  of  bonds and notes; to amend the state finance law, in
  relation to the general fund; to amend the New York state urban devel-
  opment corporation act, in  relation  to  funding  project  costs  for
  certain  capital  projects;  to amend chapter 389 of the laws of 1997,
  relating to the financing of the correctional  facilities  improvement
  fund and the youth facility improvement fund, in relation to the issu-
  ance  of  bonds; to amend the private housing finance law, in relation
  to housing program bonds and notes; to amend chapter 329 of  the  laws
  of 1991, amending the state finance law and other laws relating to the
  establishment  of  the  dedicated  highway  and  bridge trust fund, in
  relation to the issuance of bonds; to  amend  the  public  authorities
  law,  in  relation  to the dormitory authority; to amend chapter 61 of
  the laws of 2005, providing for the administration  of  certain  funds
  and  accounts related to the 2005-2006 budget, in relation to issuance

S. 6355--B                          3                         A. 8555--B

  of bonds by the urban development corporation; to amend the  New  York
  state  urban development corporation act, in relation to the Clarkson-
  trudeau partnership, the New York genome center, the Cornell Universi-
  ty  college  of  veterinary medicine, the Olympic regional development
  authority, a project at nano  Utica,  Onondaga  county  revitalization
  projects;  to  amend  the  public  authorities law, in relation to the
  state  environmental  infrastructure  projects;  to  amend  the  state
  finance  law, in relation to the New York state storm recovery capital
  fund; to amend the New York state urban development  corporation  act,
  in  relation to authorizing the urban development corporation to issue
  bonds to fund project costs for the implementation of a NY-CUNY  chal-
  lenge  grant program; to amend chapter 81 of the laws of 2002, provid-
  ing for the administration of certain funds and  accounts  related  to
  the  2002-2003  budget, in relation to increasing the aggregate amount
  of bonds to be issued by the New York state urban  development  corpo-
  ration;  to amend the public authorities law, in relation to financing
  of peace bridge and transportation  capital  projects;  to  amend  the
  public  authorities  law, in relation to dormitories at certain educa-
  tional institutions other than state operated institutions and  statu-
  tory  or contract colleges under the jurisdiction of the state univer-
  sity of New York; to amend the public authorities law, in relation  to
  authorization  for the issuance of bonds for the capital restructuring
  bond finance program; to amend  chapter  389  of  the  laws  of  1997,
  providing for the financing of the correctional facilities improvement
  fund and the youth facility improvement fund, in relation to the issu-
  ance  of  bonds;  to  amend the public authorities law, in relation to
  environmental remediation; to amend the New York  state  medical  care
  facilities  finance agency act, in relation to bonds and mental health
  facilities improvement notes and providing for the repeal  of  certain
  provisions  upon expiration thereof (Part I); and to amend the vehicle
  and traffic law and the public officers law, in relation to establish-
  ing in the counties of Nassau  and  Suffolk  a  demonstration  program
  implementing  speed violation monitoring systems in school speed zones
  by means of photo devices;  and  providing  for  the  repeal  of  such
  provisions upon expiration thereof (Part J)

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

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to implement the state fiscal plan for the 2014-2015
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through J. The effective date for each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. Subparagraph 1-a of  paragraph  (b)  of  subdivision  2  of
section 1193 of the vehicle and traffic law is REPEALED.

S. 6355--B                          4                         A. 8555--B

  S 2. Paragraph (b) of subdivision 2 of section 1193 of the vehicle and
traffic  law  is  amended  by  adding  a new subparagraph 3-a to read as
follows:
  (3-A)  DRIVING  WHILE  ABILITY  IMPAIRED OR WHILE INTOXICATED OR WHILE
ABILITY IMPAIRED BY THE COMBINED INFLUENCE OF DRUGS OR  OF  ALCOHOL  AND
ANY  DRUG  OR  DRUGS  OR  AGGRAVATED  DRIVING  WHILE  INTOXICATED; PRIOR
OFFENSES WITHIN THREE YEARS. FIVE YEARS, WHERE THE HOLDER  IS  CONVICTED
OF  A VIOLATION OF SUBDIVISION ONE, TWO, TWO-A, THREE, FOUR OR FOUR-A OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE COMMITTED WITHIN THREE
YEARS OF A CONVICTION FOR A VIOLATION  OF  ANY  SUBDIVISION  OF  SECTION
ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE.
  S  3.  Clause (a) of subparagraph 12 of paragraph (b) of subdivision 2
of section 1193 of the vehicle and traffic law, as added by chapter  732
of the laws of 2006, is amended to read as follows:
  (a) Notwithstanding any other provision of this chapter to the contra-
ry,  whenever  a  revocation is imposed upon a person for the refusal to
submit to a chemical test pursuant to the provisions of  section  eleven
hundred  ninety-four  of this article or conviction for any violation of
section eleven hundred ninety-two of this article for which  a  sentence
of imprisonment may be imposed OR AN OUT-OF-STATE CONVICTION FOR OPERAT-
ING  A  MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS OR A
CONVICTION OF A VIOLATION OF THE PENAL LAW FOR WHICH A VIOLATION OF SUCH
SECTION ELEVEN HUNDRED NINETY-TWO IS  AN  ESSENTIAL  ELEMENT,  and  such
person  has[:  (i) within the previous four years] PREVIOUSLY been twice
convicted of any provisions of section eleven hundred ninety-two of this
article OR AN OUT-OF-STATE CONVICTION  FOR  OPERATING  A  MOTOR  VEHICLE
WHILE  UNDER  THE  INFLUENCE  OF  ALCOHOL OR DRUGS or a violation of the
penal law for which a violation of such section eleven  hundred  ninety-
two  is an essential element [and at least one such conviction was for a
crime], or has PREVIOUSLY twice been found to have refused to submit  to
a  chemical  test pursuant to section eleven hundred ninety-four of this
article, or has any combination of two such convictions and findings  of
refusal not arising out of the same incident[; or (ii) within the previ-
ous  eight  years been convicted three times of any provision of section
eleven hundred ninety-two of this article for which a sentence of impri-
sonment may be imposed or a violation of  the  penal  law  for  which  a
violation  of  such  section  eleven  hundred ninety-two is an essential
element and at least two such convictions were for crimes, or  has  been
found, on three separate occasions, to have refused to submit to a chem-
ical  test  pursuant to section eleven hundred ninety-four of this arti-
cle, or has any combination of such convictions and findings of  refusal
not  arising  out of the same incident], such revocation shall be perma-
nent.
  S 4. Subparagraph 2 of paragraph (d) of subdivision 2 of section  1194
of the vehicle and traffic law, as amended by chapter 732 of the laws of
2006, is amended to read as follows:
  (2)  Civil  penalties.  Except as otherwise provided, any person whose
license, permit to drive, or any  non-resident  operating  privilege  is
revoked  pursuant to the provisions of this section shall also be liable
for a civil penalty in the amount of five hundred dollars except that if
such revocation is a second or subsequent revocation  pursuant  to  this
section  issued  within  a  five  year  period,  or such person has been
convicted of a violation of any subdivision of  section  eleven  hundred
ninety-two of this article within the past five years not arising out of
the  same  incident,  the civil penalty shall be in the amount of [seven
hundred fifty] ONE THOUSAND dollars. Any person whose license is revoked

S. 6355--B                          5                         A. 8555--B

pursuant to the provisions of this  section  based  upon  a  finding  of
refusal  to submit to a chemical test while operating a commercial motor
vehicle shall also be liable for a civil penalty of five  hundred  fifty
dollars  except  that  if  such person has previously been found to have
refused a chemical test pursuant  to  this  section  while  operating  a
commercial motor vehicle or has a prior conviction of any of the follow-
ing  offenses  while operating a commercial motor vehicle: any violation
of section eleven hundred ninety-two of this article; any  violation  of
subdivision  two  of section six hundred of this chapter; or has a prior
conviction of any felony involving the use of a commercial motor vehicle
pursuant to paragraph (a) of subdivision one  of  section  five  hundred
ten-a  of  this  chapter, then the civil penalty shall be [seven hundred
fifty] ONE THOUSAND dollars. No new driver's license or permit shall  be
issued,  or  non-resident  operating  privilege  restored to such person
unless such penalty has  been  paid.  All  penalties  collected  by  the
department pursuant to the provisions of this section shall be the prop-
erty  of  the state and shall be paid into the general fund of the state
treasury.
  S 5. Paragraph (b) of subdivision 3 of section 511 of the vehicle  and
traffic  law,  as separately amended by chapters 786 and 892 of the laws
of 1990, is amended to read as follows:
  (b) Aggravated unlicensed operation of a motor vehicle  in  the  first
degree  is  a  class E felony. When a person is convicted of this crime,
the sentence of the court must be: (i) a fine in an amount not less than
[five hundred] ONE THOUSAND dollars nor more than five thousand dollars;
and (ii) a term of imprisonment as provided in the penal law,  or  (iii)
where  appropriate  and  a  term  of imprisonment is not required by the
penal law, a sentence of probation as provided  in  subdivision  six  of
this  section,  or  (iv)  a  term  of  imprisonment  as a condition of a
sentence of probation as provided in the penal law.
  S 6. Clauses (b), (c), (d) and (e) of subparagraph 12 of paragraph (b)
of subdivision 2 of section 1193 of the  vehicle  and  traffic  law  are
REPEALED and clause (f) is relettered clause (b).
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

                                 PART B

  Section  1. Subparagraphs (x) and (xi) of paragraph a of subdivision 2
of section 510 of the vehicle and traffic law, as added by  chapter  571
of  the  laws of 2006, are amended and a new subparagraph (xii) is added
to read as follows:
  (x) of a traffic infraction for  a  subsequent  violation  of  article
twenty-six  of  this chapter and the commission of such violation caused
serious physical injury to another person and such subsequent  violation
occurred within eighteen months of a prior violation of any provision of
article  twenty-six  of  this chapter where the commission of such prior
violation caused the serious physical injury or death of another person;
[or]
  (xi) of a traffic infraction for a  subsequent  violation  of  article
twenty-six  of  this chapter and the commission of such violation caused
the death of another person and such subsequent violation occurred with-
in eighteen months of a prior violation  of  any  provision  of  article
twenty-six  of this chapter where the commission of such prior violation
caused the serious physical injury or death of another person[.]; OR

S. 6355--B                          6                         A. 8555--B

  (XII) OF A SECOND OR SUBSEQUENT VIOLATION OF  SECTION  TWELVE  HUNDRED
TWENTY-FIVE-C  OR  SECTION TWELVE HUNDRED TWENTY-FIVE-D OF THIS CHAPTER,
WHERE SUCH PERSON WAS UNDER THE AGE OF TWENTY-ONE AT  THE  TIME  OF  THE
COMMISSION OF SUCH VIOLATIONS.
  S  2.  Paragraph  b of subdivision 2 of section 510 of the vehicle and
traffic law, is amended by adding a new subparagraph (xvi)  to  read  as
follows:
  (XVI)  FOR  A  PERIOD  OF  ONE YEAR WHERE THE HOLDER IS CONVICTED OF A
VIOLATION OF SECTION TWELVE  HUNDRED  TWENTY-FIVE-C  OR  SECTION  TWELVE
HUNDRED  TWENTY-FIVE-D  OF THIS CHAPTER, WHERE SUCH PERSON WAS UNDER THE
AGE OF TWENTY-ONE AT THE TIME OF THE COMMISSION OF SUCH VIOLATION.
  S 3. Subdivision 6 of section 510 of the vehicle and  traffic  law  is
amended by adding a new paragraph n to read as follows:
  N.  WHERE  REVOCATION  IS  MANDATORY PURSUANT TO SUBPARAGRAPH (XII) OF
PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, NO NEW LICENSE SHALL  BE
ISSUED FOR AT LEAST ONE YEAR, NOR THEREAFTER EXCEPT IN THE DISCRETION OF
THE COMMISSIONER.
  S 4. Section 510-c of the vehicle and traffic law is amended by adding
a new subdivision 3 to read as follows:
  3.  ANY  SUSPENSION  OR  REVOCATION  REQUIRED UNDER THIS SECTION FOR A
VIOLATION OF SECTION TWELVE  HUNDRED  TWENTY-FIVE-C  OR  SECTION  TWELVE
HUNDRED TWENTY-FIVE-D OF THIS CHAPTER SHALL BE SUBJECT TO THE PROVISIONS
OF SUBDIVISION TWO OF SECTION FIVE HUNDRED TEN OF THIS ARTICLE.
  S  5.  Subdivision 4 of section 1225-c of the vehicle and traffic law,
as amended by section 1 of part C of chapter 55 of the laws of 2013,  is
amended to read as follows:
  4.  A  violation of subdivision two of this section shall be a traffic
infraction and shall be punishable by a fine  of  not  less  than  fifty
dollars  nor  more  than  [one  hundred  fifty] TWO HUNDRED dollars upon
conviction of a first violation; upon conviction of a second  violation,
both  of  which  were committed within a period of eighteen months, such
violation shall be punished by a fine of not less than fifty dollars nor
more than [two] THREE hundred dollars; upon conviction  of  a  third  or
subsequent  violation,  all  of  which were committed within a period of
eighteen months, such violation shall be punished by a fine of not  less
than fifty dollars nor more than [four] FIVE hundred dollars.
  S  6.  Subdivision 6 of section 1225-d of the vehicle and traffic law,
as amended by section 2 of part C of chapter 55 of the laws of 2013,  is
amended to read as follows:
  6. A violation of this section shall be a traffic infraction and shall
be  punishable  by  a  fine of not less than fifty dollars nor more than
[one hundred fifty] TWO HUNDRED  dollars  upon  conviction  of  a  first
violation;  upon  conviction  of  a second violation, both of which were
committed within a period of eighteen months, such  violation  shall  be
punished  by  a  fine of not less than fifty dollars nor more than [two]
THREE  hundred  dollars;  upon  conviction  of  a  third  or  subsequent
violation,  all  of  which  were  committed  within a period of eighteen
months, such violation shall be punished by a  fine  of  not  less  than
fifty dollars nor more than [four] FIVE hundred dollars.
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

                                 PART C

  Section  1.  Section  2  of  part H of chapter 503 of the laws of 2009
relating to the disposition  of  monies  recovered  by  county  district

S. 6355--B                          7                         A. 8555--B

attorneys  before  the filing of an accusatory instrument, as amended by
section 1 of part F of chapter 55 of the laws of  2013,  is  amended  to
read as follows:
  S  2.  This act shall take effect immediately and shall remain in full
force and effect until March 31, [2014] 2015, when it shall  expire  and
be deemed repealed.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 31, 2014.

                                 PART D

  Section 1. Paragraph (b) of subdivision 6 of section 186-f of the  tax
law,  as  amended  by  section  1 of part D of chapter 57 of the laws of
2011, is amended to read as follows:
  (b) The sum of one million  five  hundred  thousand  dollars  must  be
deposited into the New York state emergency services revolving loan fund
annually;  provided,  however, that such sums shall not be deposited for
state fiscal years two thousand eleven--two thousand twelve  [and],  two
thousand twelve--two thousand thirteen, TWO THOUSAND FOURTEEN--TWO THOU-
SAND  FIFTEEN,  TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN, TWO THOUSAND
SIXTEEN--TWO THOUSAND SEVENTEEN AND TWO THOUSAND SEVENTEEN--TWO THOUSAND
EIGHTEEN;
  S 2. This act shall take effect immediately.

                                 PART E

  Section 1. Section 167-a of the  civil  service  law,  as  amended  by
section  1  of  part  I of chapter 55 of the laws of 2012, is amended to
read as follows:
  S 167-a. Reimbursement for medicare premium  charges.  Upon  exclusion
from  the  coverage  of the health benefit plan of supplementary medical
insurance benefits for which an active or retired employee or a  depend-
ent covered by the health benefit plan is or would be eligible under the
federal  old-age,  survivors and disability insurance program, an amount
equal to the STANDARD MEDICARE premium charge WITHOUT ANY INCOME-RELATED
ADJUSTMENT for such supplementary medical insurance  benefits  for  such
active  or  retired employee and his or her dependents, if any, shall be
paid monthly or at other intervals to such active  or  retired  employee
from  the  health  insurance fund. Where appropriate, such amount may be
deducted from contributions payable by the employee or retired employee;
or where appropriate in the case  of  a  retired  employee  receiving  a
retirement  allowance,  such amount may be included with payments of his
or her retirement  allowance.  All  state  employer,  employee,  retired
employee  and  dependent  contributions  to  the  health insurance fund,
including contributions from public authorities, public  benefit  corpo-
rations  or  other  quasi-public organizations of the state eligible for
participation in the health benefit plan as  authorized  by  subdivision
two  of  section  one  hundred  sixty-three  of  this  article, shall be
adjusted as necessary to cover the cost of reimbursing federal  old-age,
survivors  and  disability  insurance program premium charges under this
section. This cost shall be included in the calculation  of  premium  or
subscription  charges  for  health  coverage  provided  to employees and
retired employees of  the  state,  public  authorities,  public  benefit
corporations or other quasi-public organizations of the state; provided,
however,  the  state, public authorities, public benefit corporations or
other quasi-public organizations of the state shall remain obligated  to

S. 6355--B                          8                         A. 8555--B

pay  no  less  than its share of such increased cost consistent with its
share of premium or subscription charges provided for by  this  article.
All  other  employer contributions to the health insurance fund shall be
adjusted as necessary to provide for such payments.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2014.

                                 PART F

  Section 1. The civil service law is amended by adding  a  new  section
66-a to read as follows:
  S  66-A.  TERM  APPOINTMENTS  IN  INFORMATION TECHNOLOGY POSITIONS. 1.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE DEPARTMENT MAY AUTHORIZE
TERM APPOINTMENTS WITHOUT EXAMINATION TO TEMPORARY  POSITIONS  REQUIRING
SPECIAL  EXPERTISE  OR  QUALIFICATIONS  IN  INFORMATION TECHNOLOGY. SUCH
APPOINTMENTS MAY BE AUTHORIZED ONLY IN SUCH CASES WHERE  THE  OFFICE  OF
INFORMATION TECHNOLOGY SERVICES CERTIFIES TO THE DEPARTMENT THAT BECAUSE
OF  THE  TYPE  OF SERVICES TO BE RENDERED OR THE TEMPORARY OR OCCASIONAL
CHARACTER OF SUCH SERVICES, IT WOULD NOT BE PRACTICABLE TO HOLD AN EXAM-
INATION OF ANY KIND. SUCH  CERTIFICATION  SHALL  BE  A  PUBLIC  DOCUMENT
PURSUANT  TO  THE  PUBLIC  OFFICERS  LAW  AND SHALL IDENTIFY THE SPECIAL
EXPERTISE OR QUALIFICATIONS THAT ARE REQUIRED AND  WHY  THEY  CANNOT  BE
OBTAINED THROUGH AN APPOINTMENT FROM AN ELIGIBLE LIST. THE MAXIMUM PERI-
OD FOR A TERM APPOINTMENT ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL
NOT  EXCEED  SIXTY  MONTHS  AND  SHALL  NOT BE EXTENDED, AND THE MAXIMUM
NUMBER OF SUCH APPOINTMENTS SHALL NOT EXCEED  THREE  HUNDRED.  AT  LEAST
FIFTEEN DAYS PRIOR TO MAKING A TERM APPOINTMENT PURSUANT TO THIS SECTION
THE  APPOINTING  AUTHORITY  SHALL PUBLICLY AND CONSPICUOUSLY POST IN ITS
OFFICES INFORMATION ABOUT THE TEMPORARY POSITION AND THE REQUIRED QUALI-
FICATIONS AND SHALL ALLOW ANY QUALIFIED EMPLOYEE TO APPLY FOR SAID POSI-
TION. AN EMPLOYEE APPOINTED PURSUANT TO THIS PROVISION WHO HAS COMPLETED
TWO YEARS OF CONTINUOUS SERVICE UNDER THIS PROVISION SHALL  BE  ABLE  TO
COMPETE  IN  ONE  PROMOTIONAL EXAMINATION THAT IS ALSO OPEN TO EMPLOYEES
WHO HAVE PERMANENT CIVIL SERVICE APPOINTMENTS AND APPROPRIATE QUALIFICA-
TIONS.
  2. A TEMPORARY POSITION ESTABLISHED PURSUANT  TO  SUBDIVISION  ONE  OF
THIS  SECTION  MAY BE ABOLISHED FOR REASONS OF ECONOMY, CONSOLIDATION OR
ABOLITION OF FUNCTIONS, CURTAILMENT OF  ACTIVITIES  OR  OTHERWISE.  UPON
SUCH  ABOLITION  OR  AT  THE  END  OF  THE  TERM OF THE APPOINTMENT, THE
PROVISIONS  OF  SECTIONS   SEVENTY-EIGHT,   SEVENTY-NINE,   EIGHTY   AND
EIGHTY-ONE  OF THIS CHAPTER SHALL NOT APPLY. IN THE EVENT OF A REDUCTION
OF WORKFORCE PURSUANT TO SECTION EIGHTY OF THIS CHAPTER AFFECTING INFOR-
MATION TECHNOLOGY POSITIONS, THE  TERM  APPOINTMENTS  PURSUANT  TO  THIS
SECTION  AT THE OFFICE OF INFORMATION TECHNOLOGY SERVICES SHALL BE ABOL-
ISHED PRIOR TO THE ABOLITION OF PERMANENT COMPETITIVE CLASS  INFORMATION
TECHNOLOGY  POSITIONS  AT  THE OFFICE OF INFORMATION TECHNOLOGY SERVICES
INVOLVING COMPARABLE SKILLS AND RESPONSIBILITIES.
  3. (A) NOTWITHSTANDING ANY PROVISION  OF  LAW  TO  THE  CONTRARY,  THE
DEPARTMENT  MAY LIMIT CERTIFICATION FROM THE FOLLOWING ELIGIBLE LISTS TO
THOSE ELIGIBLES  IDENTIFIED  AS  HAVING  KNOWLEDGE,  SKILLS  OR  CERTIF-
ICATIONS,  OR  ANY  COMBINATION  THEREOF,  IDENTIFIED  BY THE APPOINTING
AUTHORITY AS NECESSARY TO PERFORM THE DUTIES OF CERTAIN POSITIONS:
  35-382 INFORMATION TECHNOLOGY SPECIALIST 4 G-25
  35-383 INFORMATION TECHNOLOGY SPECIALIST 4 (DATA COMMUNICATIONS) G-25
  35-384 INFORMATION TECHNOLOGY SPECIALIST 4 (DATABASE) G-25
  35-386 INFORMATION TECHNOLOGY SPECIALIST 4 (SYSTEMS PROGRAMMING) G-25

S. 6355--B                          9                         A. 8555--B

  35-387 MANAGER INFORMATION TECHNOLOGY SERVICES 1 G-27
  35-388 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATA COMMUNICATIONS)
G-27
  35-389 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATABASE) G-27
  35-391 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (SYSTEMS PROGRAMMING)
G-27
  35-392 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (TECHNICAL) G-27.
  (B)  NO SUCH LIMITATION ON CERTIFICATION SHALL OCCUR UNTIL A SKILL-SET
INVENTORY IS CONDUCTED FOR ALL PERSONS ON ANY LIST SO LIMITED.
  S 2. Subdivision 21 of section 103 of the  state  technology  law,  as
added  by  section  4  of  part  N of chapter 55 of the laws of 2013, is
amended and a new subdivision 7-a is added to read as follows:
  7-A. TO PROVIDE TECHNOLOGY SERVICES VIA AGREEMENTS WITH:
  (A) MUNICIPAL CORPORATIONS, PUBLIC BENEFIT CORPORATIONS  AND  DISTRICT
CORPORATIONS AS DEFINED IN SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION
LAW;
  (B)  POLITICAL  SUBDIVISIONS  AS DEFINED IN SECTION ONE HUNDRED OF THE
GENERAL MUNICIPAL LAW;
  (C) PUBLIC AUTHORITIES;
  (D) SOIL AND WATER CONSERVATION DISTRICTS;
  (E) ANY UNIT OF THE STATE UNIVERSITY AND CITY UNIVERSITY OF  NEW  YORK
PURSUANT  TO  AND  CONSISTENT WITH SECTIONS THREE HUNDRED FIFTY-FIVE AND
SIXTY-TWO HUNDRED EIGHTEEN OF THE EDUCATION LAW;
  21. Notwithstanding the provisions of section one hundred  sixty-three
of  the  state  finance  law,  section  one hundred three of the general
municipal law, article four-C of the economic development  law,  or  any
other  provision  of  law relating to the award of public contracts, any
officer, body, or agency of New York state, public corporation, or other
public entity subject to such provisions of law shall be  authorized  to
enter  individually or collectively into contracts with the not-for-pro-
fit corporation that operates the multi-state  information  sharing  and
analysis  center for the provision of services through September thirti-
eth, two thousand [fourteen] FIFTEEN related to cyber  security  includ-
ing,  but not limited to, monitoring, detecting, and responding to cyber
incidents, and such contracts may be awarded without compliance with the
procedures relating to the procurement of services  set  forth  in  such
provisions  of  law.  Such  contracts  shall, however, be subject to the
comptroller's  existing  authority  to  approve  contracts  where   such
approval  is required by section one hundred twelve of the state finance
law or otherwise. Such officers, bodies, or agencies may pay the fees or
other amounts specified in such contracts in consideration of the  cyber
security services to be rendered pursuant to such contracts.
  S  3. Section 99-r of the general municipal law, as amended by section
1 of subpart B of part C of chapter 97 of the laws of 2011,  is  amended
to read as follows:
  S  99-r.  Contracts for services. Notwithstanding any other provisions
of law to the contrary, the governing board of any municipal corporation
may enter into agreements and/or contracts with any state agency includ-
ing any department, board, bureau, commission, division,  office,  coun-
cil, committee, or officer of the state, whether permanent or temporary,
or a public benefit corporation or public authority, or a soil and water
conservation district, and any unit of the state university of New York,
pursuant  to  and  consistent with sections three hundred fifty-five and
sixty-three hundred one of the education  law  within  or  without  such
municipal corporation to provide or receive fuel, equipment, maintenance
and  repair,  supplies,  water  supply,  street sweeping or maintenance,

S. 6355--B                         10                         A. 8555--B

sidewalk maintenance, right-of-way maintenance, storm  water  and  other
drainage,  sewage disposal, landscaping, mowing, TECHNOLOGY SERVICES, or
any other services of government. Such  state  agency,  soil  and  water
conservation  district,  or  unit  of  the state university of New York,
within the limits of any specific statutory appropriation authorized and
made available therefor by the legislature  or  by  the  governing  body
responsible  for  the  operation  of  such  state agency, soil and water
conservation district, or unit of the state university of New  York  may
contract  with  any  municipal  corporation  for such services as herein
provided and may provide, in agreements and/or  contracts  entered  into
pursuant  to  this  section, for the reciprocal provision of services or
other consideration of approximately equivalent  value,  including,  but
not  limited  to,  routine and/or emergency services, monies, equipment,
buildings and facilities, materials or a commitment  to  provide  future
routine  and/or  emergency  services,  monies,  equipment, buildings and
facilities or materials. Any such contract may be entered into by direct
negotiations and shall not be subject to the provisions of  section  one
hundred three of this chapter.
  S  4.  (a)  Notwithstanding  any provision of law to the contrary, any
person employed in the exempt class positions of employee program  asso-
ciate,  employee program assistant, confidential stenographer, or confi-
dential assistant by the governor's office of  employee  relations,  and
any  person  employed  in the exempt class positions of employee program
associate or employee program assistant by the labor management  commit-
tee, and any person employed in the exempt class positions of manager of
information  services  or information technology specialist by the joint
commission on public ethics immediately prior to  being  transferred  to
the  office of information technology services pursuant to subdivision 2
of section 70 of the civil service law, and who, immediately prior ther-
eto was performing information technology functions, shall  be  entitled
to  permanent  appointment  in  similar  or  corresponding titles in the
competitive class as determined by the department of civil  service  and
shall  continue to hold such position in the office of information tech-
nology services without further examination.  No  such  employee  trans-
ferred to the office of information technology services shall be subject
to  a  new  probationary  term,  provided, however, that any employee in
probationary status at the time of the transfer  shall  be  required  to
complete  that probationary term at the office of information technology
services under the same terms and conditions as were applicable  to  him
or  her  while  employed at the governor's office of employee relations,
the labor management committee or the joint commission on public ethics.
  (b) No employee whose  position  is  re-classified  pursuant  to  this
section  or  section five or six of this act shall suffer a reduction in
basic salary as a result of such re-classification and shall continue to
receive, at a minimum, the salary  that  such  employee  received  while
employed  by  the  governor's  office  of  employee relations, the labor
management committee or the joint commission on public ethics.
  S 5. Notwithstanding any provision of law to the contrary,  the  civil
service  department  may re-classify any person employed in a permanent,
classified, competitive position immediately prior to being  transferred
to the office of information technology services pursuant to subdivision
2  of  section  70 of the civil service law to align with the duties and
responsibilities of their positions upon transfer.  Permanent  employees
whose  positions  are subsequently reclassified to align with the duties
and responsibilities of their positions upon being  transferred  to  the
office  of  information technology services pursuant to subdivision 2 of

S. 6355--B                         11                         A. 8555--B

section 70 of the civil service law shall hold  such  positions  without
further   examination   or   qualification.  Notwithstanding  any  other
provision of this act, the names of those competitive permanent  employ-
ees  on  promotion  eligible  lists in their former agency or department
shall be added and interfiled on a promotion eligible list  in  the  new
department, as the state civil service department deems appropriate.
  S  6.  Notwithstanding any provision of law to the contrary, the civil
service department may re-classify any person  employed  in  the  exempt
class  positions of employee program associate, employee program assist-
ant, confidential stenographer, or confidential assistant by the  gover-
nor's  office  of  employee  relations,  and  any person employed in the
exempt class positions of employee program associate or employee program
assistant by the labor management committee, and any person employed  in
the  exempt class positions of manager of information services or infor-
mation technology specialist by the joint commission on  public  ethics,
immediately  prior  to  being  transferred  to the office of information
technology services pursuant to subdivision 2 of section 70 of the civil
service law to align with the duties and responsibilities of their posi-
tions upon transfer.   Permanent employees whose  positions  are  subse-
quently  re-classified  to align with the duties and responsibilities of
their positions upon being transferred  to  the  office  of  information
technology services pursuant to subdivision 2 of section 70 of the civil
service  law  shall  hold  such positions without further examination or
qualification.
  S 7. Subdivision 8 of section 73 of the public officers law is amended
by adding a new paragraph (j) to read as follows:
  (J) THE PROVISIONS OF SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDI-
VISION SHALL NOT APPLY TO ANY FORMER TEMPORARY STATE OFFICER OR EMPLOYEE
WHO WAS HIRED SUBJECT TO CHAPTER FIVE HUNDRED OF THE LAWS OF  TWO  THOU-
SAND  NINE AND WHO EITHER DID NOT RECEIVE A HIGH ENOUGH SCORE ON A CIVIL
SERVICE EXAMINATION OR DID NOT TAKE A CIVIL SERVICE EXAMINATION  BECAUSE
NO  PROMOTIONAL EXAMINATION WAS OFFERED PRIOR TO HIS OR HER TERMINATION.
ON OR BEFORE THE DATE OF SUCH TERMINATION OF EMPLOYMENT, THE STATE AGEN-
CY SHALL PROVIDE TO THE TERMINATED EMPLOYEE A WRITTEN CERTIFICATION THAT
THE EMPLOYEE HAS BEEN TERMINATED BECAUSE THE  EMPLOYEE  EITHER  DID  NOT
RECEIVE  A  HIGH  ENOUGH SCORE ON A CIVIL SERVICE EXAMINATION OR DID NOT
TAKE A CIVIL SERVICE EXAMINATION BECAUSE NO PROMOTIONAL EXAMINATION  WAS
OFFERED  PRIOR  TO  HIS  OR HER TERMINATION.   THE WRITTEN CERTIFICATION
SHALL ALSO CONTAIN A NOTICE DESCRIBING THE RIGHTS  AND  RESPONSIBILITIES
OF  THE EMPLOYEE PURSUANT TO THE PROVISIONS OF THIS SECTION. THE CERTIF-
ICATION AND NOTICE SHALL CONTAIN THE INFORMATION AND  SHALL  BE  IN  THE
FORM SET FORTH BELOW:
CERTIFICATION AND NOTICE
TO: EMPLOYEE'S NAME: ____________________________
    STATE AGENCY: ____________________________
    DATE OF TERMINATION: ____________________________
I, (NAME AND TITLE) OF (STATE AGENCY), HEREBY CERTIFY THAT YOU HAVE BEEN
TERMINATED  FROM STATE SERVICE BECAUSE YOU EITHER DID NOT RECEIVE A HIGH
ENOUGH SCORE ON A CIVIL SERVICE EXAMINATION OR  DID  NOT  TAKE  A  CIVIL
SERVICE EXAMINATION BECAUSE NO PROMOTIONAL EXAMINATION WAS OFFERED PRIOR
TO  YOUR  TERMINATION.  THEREFORE,  YOU ARE COVERED BY THE PROVISIONS OF
PARAGRAPH (J) OF SUBDIVISION  EIGHT  OF  SECTION  SEVENTY-THREE  OF  THE
PUBLIC OFFICERS LAW.
YOU   WERE   DESIGNATED   AS   A   POLICYMAKER:   YES   ____   NO   ____
____________________________________
_________________(TITLE)

S. 6355--B                         12                         A. 8555--B

TO THE EMPLOYEE:
THIS  CERTIFICATION  AFFECTS  YOUR RIGHT TO ENGAGE IN CERTAIN ACTIVITIES
AFTER YOU LEAVE STATE SERVICE.
ORDINARILY, EMPLOYEES WHO LEAVE STATE SERVICE  MAY  NOT  FOR  TWO  YEARS
APPEAR  OR  PRACTICE  BEFORE THEIR FORMER AGENCY OR RECEIVE COMPENSATION
FOR RENDERING SERVICES ON A MATTER BEFORE THEIR FORMER AGENCY.  HOWEVER,
BECAUSE  OF THIS CERTIFICATION, YOU MAY BE EXEMPT FROM THIS RESTRICTION.
IF YOU WERE NOT DESIGNATED AS A POLICYMAKER  BY  YOUR  AGENCY,  YOU  ARE
AUTOMATICALLY  EXEMPT.  YOU MAY, UPON LEAVING STATE SERVICE, IMMEDIATELY
APPEAR, PRACTICE OR RECEIVE COMPENSATION FOR  SERVICES  RENDERED  BEFORE
YOUR FORMER AGENCY.
IF YOU WERE DESIGNATED AS A POLICYMAKER BY YOUR AGENCY, YOU ARE ELIGIBLE
TO  APPLY  FOR  AN EXEMPTION TO THE JOINT COMMISSION ON PUBLIC ETHICS AT
540 BROADWAY, ALBANY, NEW YORK 12207. EVEN IF YOU ARE OR  BECOME  EXEMPT
FROM  THE  TWO  YEAR BAR, THE LIFETIME BAR OF THE REVOLVING DOOR STATUTE
WILL CONTINUE TO APPLY TO YOU. YOU MAY NOT APPEAR, PRACTICE, COMMUNICATE
OR OTHERWISE RENDER SERVICES BEFORE ANY STATE AGENCY IN RELATION TO  ANY
CASE,  PROCEEDING,  APPLICATION OR TRANSACTION WITH RESPECT TO WHICH YOU
WERE DIRECTLY CONCERNED AND IN WHICH YOU PERSONALLY PARTICIPATED  DURING
YOUR STATE SERVICE, OR WHICH WAS UNDER YOUR ACTIVE CONSIDERATION. IF YOU
HAVE   ANY  QUESTIONS  ABOUT  THE  APPLICATION  OF  THE  POST-EMPLOYMENT
RESTRICTIONS TO YOUR CIRCUMSTANCES, YOU MAY CONTACT THE JOINT COMMISSION
ON PUBLIC ETHICS.
  S 8. This act shall take effect immediately.

                                 PART G

  Section 1. Section 3 of chapter 410 of the laws of 2009, amending  the
state  finance  law  relating  to authorizing the aggregate purchases of
energy for  state  agencies,  institutions,  local  governments,  public
authorities and public benefit corporations, as amended by chapter 68 of
the laws of 2011, is amended to read as follows:
  S  3.  This  act shall take effect immediately and shall expire and be
deemed repealed July 31, [2015] 2020.
  S 2. Section 9 of subpart A of part C of chapter 97  of  the  laws  of
2011,  amending the state finance law and other laws relating to provid-
ing certain centralized service to political subdivisions and  extending
the  authority  of  the  commissioner  of  general services to aggregate
purchases of energy for state agencies and  political  subdivisions,  is
amended to read as follows:
  S 9. This act shall take effect immediately, provided, however that:
  1.  sections  one,  four, five, six and seven of this act shall expire
and be deemed repealed [3 years after they shall have become a law] JULY
31, 2020;
  2. the amendments to subdivision  4  of  section  97-g  of  the  state
finance  law  made by section two of this act shall [not affect] SURVIVE
the expiration and reversion of such subdivision as provided in  section
3  of  chapter  410 of the laws of 2009[, and shall expire and be deemed
repealed therewith], AS AMENDED;
  3. sections four, five, six and seven of this act shall apply  to  any
contract let or awarded on or after such effective date.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2014.

                                 PART H

S. 6355--B                         13                         A. 8555--B

  Section 1. This act enacts into law major  components  of  legislation
which  are  necessary to implement the state fiscal plan for the 2014-15
state fiscal year and to strengthen enforcement  of  the  election  law,
reform  campaign  financing  and  enhance  the  public's  trust in state
government.  Each component is wholly contained within a Subpart identi-
fied  as  Subparts  A  through D. The effective date for each particular
provision contained within such Subpart is set forth in the last section
of such Subpart.  Any  provision  in  any  section  contained  within  a
Subpart,  including  the  effective  date  of the Subpart, which makes a
reference to a section "of this act", when used in connection with  that
particular  component,  shall  be deemed to mean and refer to the corre-
sponding section of the Subpart in which it is found. Section  three  of
this act sets forth the general effective date of this act.

                                SUBPART A

  Section 1. This act shall be known as the "Public Trust Act".
  S  2.  Paragraph (b) of subdivision 3 of section 30.10 of the criminal
procedure law is amended to read as follows:
  (b) A prosecution for  any  offense  involving  misconduct  in  public
office  by  a  public  servant INCLUDING, WITHOUT LIMITATION, AN OFFENSE
DEFINED IN ARTICLE FOUR HUNDRED NINETY-SIX OF  THE  PENAL  LAW,  may  be
commenced  AGAINST  A  PUBLIC  SERVANT,  OR  ANY  OTHER PERSON ACTING IN
CONCERT WITH SUCH PUBLIC SERVANT at any time  during  [the  defendant's]
SUCH  PUBLIC SERVANT'S service in such office or within five years after
the termination of such service; provided  however,  that  in  no  event
shall  the  period  of  limitation  be  extended by more than five years
beyond the period otherwise applicable under  subdivision  two  OF  THIS
SECTION.
  S 3. Section 50.10 of the criminal procedure law is amended to read as
follows:
S  50.10  Compulsion  of  evidence  by offer of immunity; definitions of
            terms.
  The following definitions are applicable to this article:
  1.  "Immunity."  BASED UPON THE SUBJECT MATTER OF THE LEGAL PROCEEDING
IN WHICH A PERSON GIVES EVIDENCE, SUCH PERSON MAY RECEIVE EITHER  "TRAN-
SACTIONAL" OR "USE" IMMUNITY.
  (A)  "TRANSACTIONAL  IMMUNITY."  A  person who has been a witness in a
legal proceeding, and who cannot, except as otherwise provided  in  this
subdivision,  be convicted of any offense or subjected to any penalty or
forfeiture for or  on  account  of  any  transaction,  matter  or  thing
concerning which he gave evidence therein, possesses ["immunity"] "TRAN-
SACTIONAL IMMUNITY" from any such conviction, penalty or forfeiture.
  (B)  "USE  IMMUNITY."    A  PERSON  WHO  HAS BEEN A WITNESS IN A LEGAL
PROCEEDING, AND NEITHER THE EVIDENCE  GIVEN  BY  THAT  WITNESS  NOR  ANY
EVIDENCE  DERIVED  DIRECTLY  OR INDIRECTLY THEREFROM MAY BE USED AGAINST
THE WITNESS IN THE SAME OR ANY OTHER CRIMINAL PROCEEDING OR IN THE IMPO-
SITION OF ANY PENALTY OR FORFEITURE POSSESSES "USE IMMUNITY".
  (C) A person who possesses [such] TRANSACTIONAL IMMUNITY OR USE  immu-
nity  may  nevertheless  be  convicted  of perjury as a result of having
given false testimony in such legal proceeding, and may be convicted  of
or  adjudged in contempt as a result of having contumaciously refused to
give evidence therein, AND THE EVIDENCE  GIVEN  BY  THE  PERSON  AT  THE
PROCEEDING  AT  WHICH THE PERSON POSSESSED EITHER TRANSACTIONAL IMMUNITY
OR USE IMMUNITY MAY BE USED AGAINST SUCH PERSON IN ANY SUCH  PROSECUTION
FOR PERJURY OR PROSECUTION OR JUDGMENT FOR CONTEMPT.

S. 6355--B                         14                         A. 8555--B

  2.  "Legal  proceeding"  means  a proceeding in or before any court or
grand jury, or before any body, agency or person authorized  by  law  to
conduct  the same and to administer the oath or to cause it to be admin-
istered.
  3. "Give evidence" means to testify or produce physical evidence.
  S  4.  Subdivision 3 of section 50.20 of the criminal procedure law is
amended to read as follows:
  3.  A witness who is ordered to give evidence pursuant to  subdivision
two  OF  THIS  SECTION  and who complies with such order receives EITHER
TRANSACTIONAL IMMUNITY OR USE immunity. [Such]  IN  A  LEGAL  PROCEEDING
INVOLVING,  IN  WHOLE OR IN PART, ANY MISCONDUCT, NONFEASANCE OR NEGLECT
IN PUBLIC OFFICE BY A PUBLIC SERVANT, WHETHER CRIMINAL OR OTHERWISE,  OR
ANY  FRAUD  UPON  THE  STATE,  A POLITICAL SUBDIVISION OF THE STATE OR A
GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE SUCH WITNESS RECEIVES  USE
IMMUNITY.  A  WITNESS  IN A LEGAL PROCEEDING INVOLVING ANY OTHER SUBJECT
MATTER RECEIVES TRANSACTIONAL IMMUNITY. IN EITHER CASE, SUCH witness  is
not  deprived  of such immunity because such competent authority did not
comply with statutory provisions requiring notice to a specified  public
servant of intention to confer immunity.
  S  5. Paragraph (b) of subdivision 1 of section 170.30 of the criminal
procedure law is amended, and a new subdivision 4 is added  to  read  as
follows:
  (b)    The defendant has received immunity from prosecution AS DEFINED
IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 50.10 OF THIS CHAPTER for
the offense charged, pursuant to sections 50.20 or  190.40,  OR  ALLEGA-
TIONS  IN THE INFORMATION, SIMPLIFIED INFORMATION, PROSECUTOR'S INFORMA-
TION OR MISDEMEANOR COMPLAINT ARE BASED ON  EVIDENCE  PROTECTED  BY  USE
IMMUNITY AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 50.10
OF THIS CHAPTER; or
  4. WHERE THE DEFENDANT ESTABLISHES IN HIS OR HER MOTION THAT USE IMMU-
NITY HAS BEEN CONFERRED UPON HIM OR HER, THE PEOPLE MUST THEN ESTABLISH,
BY  A PREPONDERANCE OF THE EVIDENCE, THAT SUCH EVIDENCE WAS NOT DERIVED,
DIRECTLY OR INDIRECTLY, FROM THE EVIDENCE AS TO WHICH SUCH IMMUNITY  WAS
CONFERRED.
  S  6.  Subdivision  2 of section 190.40 of the criminal procedure law,
paragraph (c) as added by chapter 454 of the laws of 1975, is amended to
read as follows:
  2.  A witness who gives evidence in a grand jury proceeding INVOLVING,
IN WHOLE OR IN PART, ANY MISCONDUCT, NONFEASANCE OR  NEGLECT  IN  PUBLIC
OFFICE  BY A PUBLIC SERVANT, WHETHER CRIMINAL OR OTHERWISE, OR ANY FRAUD
UPON THE STATE, A POLITICAL SUBDIVISION OF THE STATE OR  A  GOVERNMENTAL
INSTRUMENTALITY  WITHIN THE STATE receives USE immunity.  A WITNESS IN A
GRAND JURY PROCEEDING INVOLVING ANY OTHER SUBJECT MATTER RECEIVES  TRAN-
SACTIONAL  IMMUNITY. IN EITHER CASE, SUCH WITNESS RECEIVES SUCH IMMUNITY
unless:
  (a)   He OR SHE has  effectively  waived  such  immunity  pursuant  to
section 190.45; or
  (b)  Such evidence is not responsive to any inquiry and is gratuitous-
ly  given  or  volunteered  by the witness with knowledge that it is not
responsive[.] ; OR
  (c)  The evidence given by the witness consists only of books, papers,
records or other physical evidence  of  an  enterprise,  as  defined  in
subdivision  one  of  section 175.00 of the penal law, the production of
which is required by a subpoena duces tecum, and the  witness  does  not
possess  a  privilege  against  self-incrimination  with  respect to the
production of such evidence.  Any further evidence given by the  witness

S. 6355--B                         15                         A. 8555--B

entitles  the  witness  to immunity except as provided in [subparagraph]
PARAGRAPHS (a) and (b) of this subdivision.
  S  7. Paragraph (d) of subdivision 1 of section 210.20 of the criminal
procedure law is amended to read as follows:
  (d)  The defendant has TRANSACTIONAL immunity, AS DEFINED IN PARAGRAPH
(A) OF SUBDIVISION ONE OF SECTION 50.10 OF THIS CHAPTER, with respect to
the offense charged, pursuant to section 50.20 or 190.40; or
  S 7-a. Section 210.35 of the criminal  procedure  law  is  amended  by
adding a new subdivision 4-a to read as follows:
  4-A. EVIDENCE PROTECTED BY USE IMMUNITY WAS USED TO OBTAIN THE INDICT-
MENT; OR
  S  8. The opening paragraph and subdivisions 6 and 7 of section 710.20
of the criminal procedure law, the opening paragraph and  subdivision  6
as  amended  by chapter 8 of the laws of 1976, subdivision 7 as added by
chapter 744 of the laws of 1988, and  subdivision  6  as  renumbered  by
chapter  481 of the laws of 1983, are amended and a new subdivision 8 is
added to read as follows:
  Upon motion of a defendant who (a) is aggrieved by unlawful or improp-
er acquisition of evidence and has reasonable cause to believe that such
may be offered against him in a criminal  action,  or  (b)  claims  that
improper identification testimony may be offered against him in a crimi-
nal action, OR (C) CLAIMS THAT EVIDENCE AS TO THE USE OF WHICH HE OR SHE
POSSESSES  IMMUNITY,  AS  DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF
SECTION 50.10 OF THIS CHAPTER, MAY BE OFFERED AGAINST HIM IN A  CRIMINAL
ACTION,  a  court  may,  under circumstances prescribed in this article,
order that such evidence be suppressed or excluded upon the ground  that
it:
  6.    Consists  of potential testimony regarding an observation of the
defendant either at the time or place of the commission of  the  offense
or upon some other occasion relevant to the case, which potential testi-
mony  would  not be admissible upon the prospective trial of such charge
owing to an improperly made previous identification of the defendant  by
the prospective witness[.]; OR
  7. Consists of information obtained by means of a pen register or trap
and  trace  device  installed  or used in violation of the provisions of
article seven hundred five of this chapter[.]; OR
  8. CONSISTS OF POTENTIAL EVIDENCE AS TO THE USE OF WHICH THE DEFENDANT
POSSESSES IMMUNITY. WHERE THE DEFENDANT ESTABLISHES  THAT  USE  IMMUNITY
HAS BEEN CONFERRED UPON HIM OR HER, THE PEOPLE MUST THEN ESTABLISH, BY A
PREPONDERANCE  OF  THE  EVIDENCE,  THAT  SUCH  EVIDENCE WAS NOT DERIVED,
DIRECTLY OR INDIRECTLY, FROM THE EVIDENCE AS TO WHICH SUCH IMMUNITY  WAS
CONFERRED.
  S  9. Subdivision 8 of section 700.05 of the criminal procedure law is
amended by adding a new paragraph (u) to read as follows:
  (U) ANY OFFENSE DEFINED IN ARTICLE  FOUR  HUNDRED  NINETY-SIX  OF  THE
PENAL LAW, OFFICIAL MISCONDUCT IN THE THIRD DEGREE AS DEFINED IN SECTION
195.00  OF  THE  PENAL  LAW, OFFICIAL MISCONDUCT IN THE SECOND DEGREE AS
DEFINED IN SECTION 195.01 OF THE PENAL LAW, AND OFFICIAL  MISCONDUCT  IN
THE FIRST DEGREE AS DEFINED IN SECTION 195.02 OF THE PENAL LAW.
  S 10. Paragraph (f) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 154 of the laws of 1990, is amended
to read as follows:
  (f) Bribery in the third degree, bribery in the second degree, bribery
in  the first degree, bribe receiving in the third degree, bribe receiv-
ing in the second degree, bribe receiving in  the  first  degree,  bribe

S. 6355--B                         16                         A. 8555--B

giving for public office, FAILURE TO REPORT BRIBERY, and bribe receiving
for public office, as defined in article two hundred of the penal law;
  S 10-a. Subdivision 4 of section 710.60 of the criminal procedure law,
as  amended  by  chapter  39  of the laws of 1975, is amended to read as
follows:
  4. If the court does not determine the motion  pursuant  to  [subdivi-
sions]  SUBDIVISION  two  or  three,  it must conduct a hearing and make
findings of fact essential to the  determination  thereof.  All  persons
giving  factual  information  at  such  hearing must testify under oath,
except that unsworn evidence pursuant  to  subdivision  two  of  section
60.20  of  this chapter may also be received. Upon such hearing, hearsay
evidence is admissible to establish any material fact.  A HEARING GRANT-
ED UNDER THIS SUBDIVISION PURSUANT TO  A  MOTION  TO  SUPPRESS  EVIDENCE
DESCRIBED IN SUBDIVISION EIGHT OF SECTION 710.20 OF THIS ARTICLE MAY, IN
THE DISCRETION OF THE COURT, BE CONDUCTED AFTER THE TRIAL OF THE MATTER.
  S 11. Section 195.20 of the penal law is REPEALED.
  S  12.  Section  195.00 of the penal law, as amended by chapter 906 of
the laws of 1990, is amended to read as follows:
S 195.00 Official misconduct IN THE THIRD DEGREE.
  A public servant is guilty of official misconduct IN THE THIRD  DEGREE
when,  with  intent  to  obtain a benefit or deprive another person of a
benefit:
  1. He OR SHE commits an act relating to his OR HER office but  consti-
tuting  an unauthorized exercise of his OR HER official functions, know-
ing that such act is unauthorized; or
  2. He OR SHE knowingly  refrains  from  performing  a  duty  which  is
imposed  upon  him OR HER by law or is clearly inherent in the nature of
his OR HER office.
  Official misconduct IN THE THIRD DEGREE is a class [A  misdemeanor]  E
FELONY.
  S  13.  The penal law is amended by adding two new sections 195.01 and
195.02 to read as follows:
S 195.01 OFFICIAL MISCONDUCT IN THE SECOND DEGREE.
  A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE SECOND DEGREE
WHEN HE OR SHE COMMITS THE CRIME OF OFFICIAL  MISCONDUCT  IN  THE  THIRD
DEGREE AND HE OR SHE OBTAINS ANY BENEFIT OR DEPRIVES ANOTHER PERSON OF A
BENEFIT VALUED IN EXCESS OF ONE THOUSAND DOLLARS.
  OFFICIAL MISCONDUCT IN THE SECOND DEGREE IS A CLASS D FELONY.
S 195.02 OFFICIAL MISCONDUCT IN THE FIRST DEGREE.
  A  PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE FIRST DEGREE
WHEN HE OR SHE COMMITS THE CRIME OF OFFICIAL  MISCONDUCT  IN  THE  THIRD
DEGREE AND HE OR SHE OBTAINS ANY BENEFIT OR DEPRIVES ANOTHER PERSON OF A
BENEFIT VALUED IN EXCESS OF THREE THOUSAND DOLLARS.
  OFFICIAL MISCONDUCT IN THE FIRST DEGREE IS A CLASS C FELONY.
  S  14. Part 4 of the penal law is amended by adding a new title Y-2 to
read as follows:
                                TITLE Y-2
                        CORRUPTING THE GOVERNMENT

                               ARTICLE 496
                        CORRUPTING THE GOVERNMENT

SECTION 496.01 DEFINITIONS.
        496.02 CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE.
        496.03 CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE.
        496.04 CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE.

S. 6355--B                         17                         A. 8555--B

        496.05 CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE.
        496.06 PUBLIC CORRUPTION.
        496.07 SENTENCING.
S 496.01 DEFINITIONS.
  FOR  THE  PURPOSES  OF THIS ARTICLE, "SCHEME" MEANS ANY PLAN, PATTERN,
DEVICE, CONTRIVANCE, OR COURSE OF ACTION.
S 496.02 CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE.
  A PERSON IS GUILTY OF CORRUPTING THE GOVERNMENT IN THE  FOURTH  DEGREE
WHEN  HE  OR  SHE  ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE  POLI-
TICAL  SUBDIVISIONS  OF THE STATE OR ONE OR MORE GOVERNMENTAL INSTRUMEN-
TALITIES WITHIN THE STATE, OR TO  OBTAIN  PROPERTY,  SERVICES  OR  OTHER
RESOURCES  FROM  ANY  SUCH  STATE, POLITICAL SUBDIVISION OR GOVERNMENTAL
INSTRUMENTALITY BY FALSE OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR
PROMISES.
  CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE IS A CLASS E FELONY.
S 496.03 CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE.
  A  PERSON  IS  GUILTY OF CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE
WHEN HE OR SHE ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE  OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE POLI-
TICAL SUBDIVISIONS OF THE STATE OR ONE OR MORE  GOVERNMENTAL  INSTRUMEN-
TALITIES  WITHIN  THE  STATE,  OR  TO OBTAIN PROPERTY, SERVICES OR OTHER
RESOURCES FROM ANY SUCH STATE,  POLITICAL  SUBDIVISION  OR  GOVERNMENTAL
INSTRUMENTALITY  BY  FALSE  OR  FRAUDULENT PRETENSES, REPRESENTATIONS OR
PROMISES, AND SO OBTAINS PROPERTY, SERVICES OR OTHER  RESOURCES  WITH  A
VALUE IN EXCESS OF ONE THOUSAND DOLLARS.
  CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE IS A CLASS D FELONY.
S 496.04 CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE.
  A  PERSON  IS GUILTY OF CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE
WHEN HE OR SHE ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE  OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE POLI-
TICAL SUBDIVISIONS OF THE STATE OR ONE OR MORE  GOVERNMENTAL  INSTRUMEN-
TALITIES  WITHIN  THE  STATE,  OR  TO OBTAIN PROPERTY, SERVICES OR OTHER
RESOURCES FROM ANY SUCH STATE,  POLITICAL  SUBDIVISION  OR  GOVERNMENTAL
INSTRUMENTALITY  BY  FALSE  OR  FRAUDULENT PRETENSES, REPRESENTATIONS OR
PROMISES, AND SO OBTAINS PROPERTY, SERVICES OR OTHER  RESOURCES  WITH  A
VALUE IN EXCESS OF FIVE THOUSAND DOLLARS.
  CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE IS A CLASS C FELONY.
S 496.05 CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY OF CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE
WHEN HE OR SHE ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
COURSE  OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE POLI-
TICAL SUBDIVISIONS OF THE STATE OR ONE OR MORE  GOVERNMENTAL  INSTRUMEN-
TALITIES  WITHIN  THE  STATE,  OR  TO OBTAIN PROPERTY, SERVICES OR OTHER
RESOURCES FROM ANY SUCH STATE,  POLITICAL  SUBDIVISION  OR  GOVERNMENTAL
INSTRUMENTALITY  BY  FALSE  OR  FRAUDULENT PRETENSES, REPRESENTATIONS OR
PROMISES, AND SO OBTAINS PROPERTY, SERVICES OR OTHER  RESOURCES  WITH  A
VALUE IN EXCESS OF TEN THOUSAND DOLLARS.
  CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE IS A CLASS B FELONY.
S 496.06 PUBLIC CORRUPTION.
  1.  A  PERSON  COMMITS  THE  CRIME OF PUBLIC CORRUPTION WHEN HE OR SHE
COMMITS A SPECIFIED OFFENSE AND THE STATE OR ANY  POLITICAL  SUBDIVISION
THEREOF  OR  ANY  GOVERNMENTAL  INSTRUMENTALITY  WITHIN THE STATE IS THE
OWNER OF THE PROPERTY OR HAS CONTROL  OVER  THE  SERVICES  AT  ISSUE  OR
OTHERWISE  HAS THE RIGHT TO POSSESSION OF THE PROPERTY OR BENEFIT TAKEN,

S. 6355--B                         18                         A. 8555--B

OBTAINED OR WITHHELD SUPERIOR TO THAT PERSON OR IS OTHERWISE THE  VICTIM
OF SUCH OFFENSE.
  2. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
PROVISIONS  OF  THIS  CHAPTER:   SECTION 155.25 (PETIT LARCENY); SECTION
155.30 (GRAND LARCENY IN  THE  FOURTH  DEGREE);  SECTION  155.35  (GRAND
LARCENY  IN  THE  THIRD  DEGREE);  SECTION  155.40 (GRAND LARCENY IN THE
SECOND DEGREE); SECTION 155.42 (GRAND  LARCENY  IN  THE  FIRST  DEGREE);
SECTION  156.05  (UNAUTHORIZED USE OF A COMPUTER); SECTION 165.05 (UNAU-
THORIZED USE OF A VEHICLE IN THE THIRD DEGREE); 165.06 (UNAUTHORIZED USE
OF A VEHICLE IN THE SECOND DEGREE); 165.08 (UNAUTHORIZED USE OF A  VEHI-
CLE  IN  THE  FIRST  DEGREE);  470.05  (MONEY  LAUNDERING  IN THE FOURTH
DEGREE); 470.10 (MONEY LAUNDERING IN THE THIRD  DEGREE);  470.15  (MONEY
LAUNDERING  IN THE SECOND DEGREE); 470.20 (MONEY LAUNDERING IN THE FIRST
DEGREE).
S 496.07 SENTENCING.
  1. WHEN A PERSON IS CONVICTED OF THE CRIME OF PUBLIC CORRUPTION PURSU-
ANT TO SECTION 496.06 OF THIS ARTICLE AND THE  SPECIFIED  OFFENSE  IS  A
MISDEMEANOR OR A CLASS C, D OR E FELONY, THE CRIME SHALL BE DEEMED TO BE
ONE  CATEGORY HIGHER THAN THE SPECIFIED OFFENSE THE DEFENDANT COMMITTED,
OR ONE CATEGORY HIGHER THAN THE OFFENSE LEVEL APPLICABLE TO THE  DEFEND-
ANT'S  CONVICTION  FOR  AN  ATTEMPT  OR CONSPIRACY TO COMMIT A SPECIFIED
OFFENSE, WHICHEVER IS APPLICABLE.
  2. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  WHEN  A  PERSON  IS
CONVICTED OF THE CRIME OF PUBLIC CORRUPTION PURSUANT TO THIS ARTICLE AND
THE SPECIFIED OFFENSE IS A CLASS B FELONY:
  (A)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
SIX YEARS IF THE DEFENDANT IS SENTENCED PURSUANT  TO  SECTION  70.00  OF
THIS CHAPTER; AND
  (B)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
TEN YEARS IF THE DEFENDANT IS SENTENCED PURSUANT  TO  SECTION  70.06  OF
THIS CHAPTER.
  S  15.  Subdivision 4 of section 200.50 of the criminal procedure law,
as amended by chapter 7 of the laws of  2007,  is  amended  to  read  as
follows:
  4.  A statement in each count that the grand jury, or, where the accu-
satory instrument is a superior court information, the  district  attor-
ney,  accuses  the  defendant  or  defendants  of  a designated offense,
provided that in any prosecution under article four hundred  eighty-five
of the penal law, the designated offense shall be the specified offense,
as  defined  in  subdivision  three  of section 485.05 of the penal law,
followed by the phrase "as a hate crime", and provided further  that  in
any  prosecution  under  section 490.25 of the penal law, the designated
offense shall be the specified offense, as defined in subdivision  three
of  section  490.05 of the penal law, followed by the phrase "as a crime
of terrorism"; and  provided  further  that  in  any  prosecution  under
section  130.91  of  the  penal law, the designated offense shall be the
specified offense, as defined in subdivision two of  section  130.91  of
the  penal law, followed by the phrase "as a sexually motivated felony";
AND PROVIDED FURTHER THAT IN ANY PROSECUTION UNDER SECTION 496.06 OF THE
PENAL LAW, THE DESIGNATED OFFENSE SHALL BE  THE  SPECIFIED  OFFENSE,  AS
DEFINED IN SUBDIVISION TWO OF SUCH SECTION, FOLLOWED BY THE PHRASE "AS A
PUBLIC CORRUPTION CRIME"; and
  S  16.  Paragraph  (a) of subdivision 1 of section 460.10 of the penal
law, as amended by chapter 405 of the laws of 2010, is amended  to  read
as follows:

S. 6355--B                         19                         A. 8555--B

  (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25  relating  to  kidnapping; section 135.35 relating to labor traf-
ficking; section 135.65 relating to coercion;  sections  140.20,  140.25
and  140.30  relating  to  burglary;  sections 145.05, 145.10 and 145.12
relating to criminal mischief; article one  hundred  fifty  relating  to
arson;  sections  155.30,  155.35,  155.40  and 155.42 relating to grand
larceny; sections 177.10, 177.15, 177.20 and 177.25 relating  to  health
care  fraud;  article  one  hundred  sixty relating to robbery; sections
165.45, 165.50, 165.52 and 165.54 relating  to  criminal  possession  of
stolen  property; sections 165.72 and 165.73 relating to trademark coun-
terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65  and
170.70  relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
176.30 relating to insurance fraud; sections 178.20 and 178.25  relating
to  criminal  diversion  of  prescription medications and prescriptions;
sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 195.00, 195.01,
195.02, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20,  200.22,
200.25,  200.27, 215.00, 215.05 and 215.19 relating to bribery; sections
187.10, 187.15, 187.20  and  187.25  relating  to  residential  mortgage
fraud,  sections  190.40  and 190.42 relating to criminal usury; section
190.65 relating to schemes to defraud; ANY OFFENSE  DEFINED  IN  ARTICLE
FOUR  HUNDRED NINETY-SIX; sections 205.60 and 205.65 relating to hinder-
ing prosecution; sections 210.10, 210.15, and 215.51 relating to perjury
and  contempt;  section  215.40  relating  to  tampering  with  physical
evidence;  sections  220.06,  220.09,  220.16,  220.18,  220.21, 220.31,
220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 220.60 and 220.77 relat-
ing to controlled substances; sections 225.10  and  225.20  relating  to
gambling;  sections  230.25,  230.30,  and  230.32 relating to promoting
prostitution; section  230.34  relating  to  sex  trafficking;  sections
235.06, 235.07, 235.21 and 235.22 relating to obscenity; sections 263.10
and  263.15  relating  to  promoting  a  sexual  performance by a child;
sections  265.02,  265.03,  265.04,  265.11,  265.12,  265.13  and   the
provisions  of  section  265.10  which  constitute  a felony relating to
firearms and other dangerous weapons; [and] sections 265.14  and  265.16
relating  to  criminal  sale of a firearm; [and] section 275.10, 275.20,
275.30, or 275.40 relating  to  unauthorized  recordings;  and  sections
470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
  S  17.  Section  200.00 of the penal law, as amended by chapter 833 of
the laws of 1986, is amended to read as follows:
S 200.00 Bribery in the third degree.
  A person is guilty of bribery in the  third  degree  when  he  OR  SHE
confers,  or offers or agrees to confer, any benefit upon a public serv-
ant [upon an agreement or understanding that] WITH THE INTENT TO  INFLU-
ENCE,  IN  WHOLE  OR IN PART, such public servant's vote, opinion, judg-
ment, action, decision or exercise of discretion  as  a  public  servant
[will thereby be influenced].
  Bribery in the third degree is a class D felony.
  S  18.  Section  200.03 of the penal law, as amended by chapter 833 of
the laws of 1986, is amended to read as follows:
S 200.03 Bribery in the second degree.
  A person is guilty of bribery in the second  degree  when  he  OR  SHE
confers,  or offers or agrees to confer, any benefit valued in excess of
[ten] FIVE thousand dollars upon a public servant [upon an agreement  or

S. 6355--B                         20                         A. 8555--B

understanding  that]  WITH THE INTENT TO INFLUENCE, IN WHOLE OR IN PART,
such public servant's vote, opinion, judgment, action, decision or exer-
cise of discretion as a public servant [will thereby be influenced].
  Bribery in the second degree is a class C felony.
  S  19. Section 200.04 of the penal law, as added by chapter 276 of the
laws of 1973, is amended to read as follows:
S 200.04 Bribery in the first degree.
  A person is guilty of bribery in the  first  degree  when  he  OR  SHE
confers, or offers or agrees to confer[,]: (A) any benefit upon a public
servant  [upon  an  agreement  or understanding that] WITH THE INTENT TO
INFLUENCE such public servant's vote, opinion, judgment,  action,  deci-
sion  or  exercise  of  discretion  as a public servant [will thereby be
influenced] in the  investigation,  arrest,  detention,  prosecution  or
incarceration  of any person for the commission or alleged commission of
a class A felony defined in article two hundred  twenty  of  [the  penal
law]  THIS  PART or an attempt to commit any such class A felony; OR (B)
ANY BENEFIT VALUED IN EXCESS OF TEN THOUSAND DOLLARS UPON A PUBLIC SERV-
ANT WITH THE INTENT TO INFLUENCE, IN WHOLE OR IN PART, SUCH PUBLIC SERV-
ANT'S  VOTE,  OPINION,  JUDGMENT,  ACTION,  DECISION  OR   EXERCISE   OF
DISCRETION AS A PUBLIC SERVANT.
  Bribery in the first degree is a class B felony.
  S 20. Section 200.05 of the penal law is amended to read as follows:
S 200.05 Bribery; defense; LIMITATIONS.
  1.  In any prosecution for bribery, it is a defense that the defendant
conferred or agreed to confer the benefit involved upon the public serv-
ant involved as a result of conduct of the latter  constituting  larceny
committed  by  means  of extortion, or an attempt to commit the same, or
coercion, or an attempt to commit coercion;
  2. IN ANY PROSECUTION PURSUANT  TO  SECTION  200.00,  200.03,  200.04,
200.10,  200.11,  200.12,  200.45  OR  200.50 OF THIS ARTICLE, NO PERSON
SHALL BE HELD TO HAVE VIOLATED SUCH SECTIONS  WHERE  THE  BENEFIT  IS  A
CAMPAIGN  CONTRIBUTION THAT IS PERMISSIBLE UNDER ARTICLE FOURTEEN OF THE
ELECTION LAW OR A COMPARABLE APPLICABLE PROVISION OF FEDERAL LAW,  IS  A
LOBBYING  EXPENSE  THAT  IS LEGAL UNDER ARTICLE ONE-A OF THE LEGISLATIVE
LAW OR, PURSUANT TO SUBDIVISION (J) OF SECTION ONE-C OF THE  LEGISLATIVE
LAW  IS  EXCLUDABLE  FROM  THE  DEFINITION OF A GIFT, UNLESS SUCH PERSON
CONFERS, OR OFFERS OR AGREES TO CONFER, SUCH BENEFIT UPON A PUBLIC SERV-
ANT UPON AN AGREEMENT OR UNDERSTANDING THAT SUCH PUBLIC SERVANT'S  VOTE,
OPINION,  JUDGMENT,  ACTION,  DECISION  OR  EXERCISE  OF DISCRETION AS A
PUBLIC SERVANT WILL THEREBY BE INFLUENCED.
  S 21. Section 200.10 of the penal law, as amended by  chapter  833  of
the laws of 1986, is amended to read as follows:
S 200.10 Bribe receiving in the third degree.
  A public servant is guilty of bribe receiving in the third degree when
he OR SHE:
  1.  solicits,  accepts  or  agrees  to accept any benefit from another
person upon an agreement or understanding that his OR HER vote, opinion,
judgment, action, decision or exercise of discretion as a public servant
will thereby be influenced[.]; OR
  2. SOLICITS, ACCEPTS OR AGREES TO ACCEPT A GIFT OF MORE  THAN  NOMINAL
VALUE  FROM  ANOTHER PERSON FOR, BECAUSE OF, OR AS CONSIDERATION FOR HIS
OR  HER  VOTE,  OPINION,  JUDGMENT,  ACTION,  DECISION  OR  EXERCISE  OF
DISCRETION AS A PUBLIC SERVANT.
  Bribe receiving in the third degree is a class D felony.
  S  22. Section 200.11 of the penal law, as added by chapter 833 of the
laws of 1986, is amended to read as follows:

S. 6355--B                         21                         A. 8555--B

S 200.11 Bribe receiving in the second degree.
  A  public  servant  is  guilty of bribe receiving in the second degree
when he OR SHE solicits, accepts or agrees to accept any benefit  valued
in  excess  of  [ten] FIVE thousand dollars from another person [upon an
agreement or understanding that], FOR, BECAUSE OF, OR  AS  CONSIDERATION
FOR  his OR HER vote, opinion, judgment, action, decision or exercise of
discretion as a public servant [will thereby be influenced].
  Bribe receiving in the second degree is a class C felony.
  S 23. Section 200.12 of the penal law, as added by chapter 276 of  the
laws of 1973, is amended to read as follows:
S 200.12 Bribe receiving in the first degree.
  A public servant is guilty of bribe receiving in the first degree when
he  OR  SHE  solicits, accepts or agrees to accept: (A) any benefit from
another person [upon an agreement or understanding that],  FOR,  BECAUSE
OF,  OR AS CONSIDERATION FOR his OR HER vote, opinion, judgment, action,
decision or exercise of discretion as a public servant [will thereby  be
influenced]  in  the  investigation,  arrest,  detention, prosecution or
incarceration of any person for the commission or alleged commission  of
a  class  A  felony  defined in article two hundred twenty of [the penal
law] THIS PART or an attempt to commit any such class A felony;  OR  (B)
ANY  BENEFIT  VALUED  IN  EXCESS  OF  TEN  THOUSAND DOLLARS FROM ANOTHER
PERSON, FOR, BECAUSE OF, OR AS CONSIDERATION FOR HIS OR HER VOTE,  OPIN-
ION,  JUDGMENT,  ACTION,  DECISION OR EXERCISE OF DISCRETION AS A PUBLIC
SERVANT.
  Bribe receiving in the first degree is a class B felony.
  S 24. Section 200.45 of the penal law is amended to read as follows:
S 200.45 Bribe giving for public office.
  A person is guilty of bribe giving for public office when  he  OR  SHE
confers, or offers or agrees to confer, any money or other property upon
a  public servant or a party officer [upon an agreement or understanding
that] , FOR, BECAUSE OF, OR AS CONSIDERATION THAT some  person  will  or
may  be  appointed  to  a  public office or designated or nominated as a
candidate for public office.
  Bribe giving for public office is a class D felony.
  S 25. Section 200.50 of the penal law is amended to read as follows:
S 200.50 Bribe receiving for public office.
  A public servant or a party officer is guilty of bribe  receiving  for
public  office  when he OR SHE solicits, accepts or agrees to accept any
money or other property from another person [upon an agreement or under-
standing that], FOR, BECAUSE OF, OR AS CONSIDERATION  THAT  some  person
will  or  may be appointed to a public office or designated or nominated
as a candidate for public office.
  Bribe receiving for public office is a class D felony.
  S 26. The penal law is amended by adding a new section 200.56 to  read
as follows:
S 200.56 FAILURE TO REPORT BRIBERY.
  1. A PUBLIC SERVANT IS GUILTY OF FAILURE TO REPORT BRIBERY WHEN:
  (A)  THE  PUBLIC  SERVANT  KNOWS  THAT ANOTHER PERSON HAS ATTEMPTED TO
BRIBE SUCH PUBLIC SERVANT, AS SUCH CONDUCT IS DEFINED IN  THIS  ARTICLE,
OR  SUCH  PUBLIC  SERVANT HAS WITNESSED OR HAS KNOWLEDGE OF EITHER (I) A
PERSON COMMITTING ANY DEGREE OF THE CRIME OF BRIBERY  OR  ATTEMPTING  TO
COMMIT  BRIBERY OF ANOTHER PUBLIC SERVANT, AS SUCH CONDUCT IS DEFINED IN
THIS ARTICLE OR (II) ANOTHER PUBLIC SERVANT COMMITTING ANY DEGREE OF THE
CRIME OF BRIBE RECEIVING, AS DEFINED IN THIS ARTICLE; AND
  (B) SUCH PUBLIC SERVANT DOES NOT, AS SOON AS  REASONABLY  PRACTICABLE,
REPORT SUCH CRIME TO A DISTRICT ATTORNEY.

S. 6355--B                         22                         A. 8555--B

  2.  ANY  PUBLIC SERVANT WHO MAKES A REPORT AS REQUIRED BY THIS SECTION
SHALL NOT BE SUBJECT TO DISMISSAL, DISCIPLINE OR OTHER ADVERSE PERSONNEL
ACTION AS A RESULT OF MAKING SUCH REPORT.
  FAILURE TO REPORT BRIBERY IS A CLASS A MISDEMEANOR.
  S  27.  Subdivision 1 of section 80.00 of the penal law, as amended by
chapter 338 of the laws of 1989, is amended to read as follows:
  1. A sentence to pay a fine for a felony shall be a sentence to pay an
amount, fixed by the court, not exceeding the higher of
  a. five thousand dollars; or
  b. double the amount of the defendant's gain from  the  commission  of
the  crime OR, IF THE DEFENDANT IS CONVICTED OF A CRIME DEFINED IN ARTI-
CLE FOUR HUNDRED NINETY-SIX OF  THIS  CHAPTER,  ANY  HIGHER  AMOUNT  NOT
EXCEEDING  THREE  TIMES  THE  AMOUNT  OF  THE  DEFENDANT'S GAIN FROM THE
COMMISSION OF SUCH OFFENSE; or
  c. if the conviction is for any felony defined in article two  hundred
twenty  or  two  hundred  twenty-one  of  this chapter, according to the
following schedule:
  (i) for A-I felonies, one hundred thousand dollars;
  (ii) for A-II felonies, fifty thousand dollars;
  (iii) for B felonies, thirty thousand dollars;
  (iv) for C felonies, fifteen thousand dollars.
When imposing a fine pursuant to the provisions of this  paragraph,  the
court  shall  consider the profit gained by defendant's conduct, whether
the amount of the fine is  disproportionate  to  the  conduct  in  which
defendant  engaged,  its impact on any victims, and defendant's economic
circumstances, including the defendant's ability to pay, the  effect  of
the  fine  upon his or her immediate family or any other persons to whom
the defendant owes an obligation of support.
  S 28. Subdivision 1 of section 80.10 of the penal law  is  amended  to
read as follows:
  1. In general. A sentence to pay a fine, when imposed on a corporation
for an offense defined in this chapter or for an offense defined outside
this  chapter for which no special corporate fine is specified, shall be
a sentence to pay an amount, fixed by the court, not exceeding:
  (a) Ten thousand dollars, when the conviction is of a felony;
  (b) Five thousand dollars, when the conviction is of a class A  misde-
meanor  or  of an unclassified misdemeanor for which a term of imprison-
ment in excess of three months is authorized;
  (c) Two thousand dollars, when the conviction is of a class  B  misde-
meanor  or  of an unclassified misdemeanor for which the authorized term
of imprisonment is not in excess of three months;
  (d) Five hundred dollars, when the conviction is of a violation;
  (e) Any higher amount not exceeding double the amount  of  the  corpo-
ration's  gain from the commission of the offense OR, IF THE CORPORATION
IS CONVICTED OF A CRIME DEFINED IN ARTICLE FOUR  HUNDRED  NINETY-SIX  OF
THIS  CHAPTER, ANY HIGHER AMOUNT NOT EXCEEDING THREE TIMES THE AMOUNT OF
THE CORPORATION'S GAIN FROM THE COMMISSION OF SUCH OFFENSE.
  S 29. Subdivision (a) of section 1-c of the legislative law, as  added
by chapter 2 of the laws of 1999, is amended to read as follows:
  (a)  The  term  "lobbyist"  shall  mean  every  person or organization
retained, employed or designated by any client to  engage  in  lobbying.
The  term  "lobbyist"  shall not include any officer, director, trustee,
employee, counsel or agent of the state, or any municipality or subdivi-
sion thereof of New York when discharging their official duties;  except
those  officers,  directors, trustees, employees, counsels, or agents of
colleges, as defined by section two of the education law.  PROVIDED THAT

S. 6355--B                         23                         A. 8555--B

ANY INDIVIDUAL WHO STANDS CONVICTED OF A CRIME DEFINED  IN  ARTICLE  TWO
HUNDRED  OR  FOUR HUNDRED NINETY-SIX OR SECTION 195.00, 195.01 OR 195.02
OF THE PENAL LAW MAY NOT BE RETAINED,  EMPLOYED  OR  DESIGNATED  BY  ANY
CLIENT TO ENGAGE IN LOBBYING.
  S  30.  Section  139-a of the state finance law, as amended by chapter
268 of the laws of 1971, is amended to read as follows:
  S 139-a. Ground for cancellation of contract by state. A clause  shall
be inserted in all specifications or contracts hereafter made or awarded
by  the  state or any public department, agency or official thereof, for
work or services performed or to be performed, or goods sold  or  to  be
sold,  to  provide  that:  (A) upon the refusal by a person, when called
before a grand jury, head of a state department, temporary state commis-
sion or other state agency, or the organized crime  task  force  in  the
department  of  law,  which  is  empowered  to  compel the attendance of
witnesses and examine them under oath, to testify in  an  investigation,
concerning any transaction or contract had with the state, any political
subdivision  thereof,  a public authority or with any public department,
agency or official of the state or of any political subdivision  thereof
or  of  a  public authority, to sign a waiver of immunity against subse-
quent criminal prosecution or to answer any relevant question concerning
such transaction or contract; OR (B) UPON THE CONVICTION OF  ANY  PERSON
OF  AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED OR FOUR HUNDRED NINETY-SIX
OR SECTION 195.00, 195.01 OR 195.02 OF THE PENAL LAW,
  [(a)] (I) such person, and any firm,  partnership  or  corporation  of
which he is a member, partner, director or officer shall be disqualified
from  thereafter  selling  to  or submitting bids to or receiving awards
from or entering into any contracts with the state or any public depart-
ment, agency or official thereof, for goods, work  or  services,  for  a
period  of  five  years  after  such  refusal, OR UPON CONVICTION OF ANY
OFFENSE DEFINED IN ARTICLE TWO HUNDRED OR  FOUR  HUNDRED  NINETY-SIX  OR
SECTION  195.00,  195.01  OR  195.02  OF THE PENAL LAW, FOR LIFE, and to
provide also that
  [(b)] (II) any and all contracts made with the  state  or  any  public
department, agency or official thereof, since the effective date of this
law,  by  such  person,  and  by any firm, partnership or corporation of
which he is a member, partner, director or officer may be  cancelled  or
terminated  by  the  state  without  incurring any penalty or damages on
account of such cancellation or termination, but any monies owing by the
state for goods delivered or work done  prior  to  the  cancellation  or
termination shall be paid.
  S  31.  Section  139-b of the state finance law, as amended by chapter
268 of the laws of 1971, is amended to read as follows:
  S 139-b. Disqualification to contract with state. 1. Any  person  who,
when  called  before a grand jury, head of a state department, temporary
state commission or other state agency,  or  the  organized  crime  task
force in the department of law, which is empowered to compel the attend-
ance of witnesses and examine them under oath, to testify in an investi-
gation,  concerning  any transaction or contract had with the state, any
political subdivision thereof, a  public  authority  or  with  a  public
department, agency or official of the state or of any political subdivi-
sion thereof or of a public authority, refuses to sign a waiver of immu-
nity  against  subsequent criminal prosecution or to answer any relevant
question concerning such transaction or contract, and any firm, partner-
ship or corporation of which [he] ANY SUCH PERSON is a member,  partner,
director  or officer shall be disqualified from thereafter selling to or
submitting bids to  or  receiving  awards  from  or  entering  into  any

S. 6355--B                         24                         A. 8555--B

contracts  with  the  state or any public department, agency or official
thereof, for goods, work or services, for a period of five  years  after
such  refusal  or  until a disqualification shall be removed pursuant to
the provisions of section one hundred thirty-nine-c of this article.
  It  shall  be  the  duty  of  the officer conducting the investigation
before the grand jury, the head of a state  department,  the  [chairman]
CHAIR  of  the  temporary state commission or other state agency, or the
organized crime task force in the department of  law  before  which  the
refusal  occurs  to send notice of such refusal, together with the names
of any firm, partnership or corporation of which the person so  refusing
is  known  to  be  a  member, partner, officer or director, to the state
commissioner of transportation, except in the  event  the  investigation
concerns  a public building transaction or contract said notice shall be
sent to the state commissioner of general services, and the  appropriate
departments, agencies and officials of the state, political subdivisions
thereof  or  public authorities with whom the person so refusing and any
firm, partnership or corporation of  which  he  is  a  member,  partner,
director  or  officer,  is  known to have a contract. However, when such
refusal occurs before a body other than a grand jury, notice of  refusal
shall  not  be  sent for a period of ten days after such refusal occurs.
Prior to the expiration of this ten day period, any person, firm,  part-
nership  or  corporation  which has become liable to the cancellation or
termination of a contract or disqualification to contract on account  of
such  refusal may commence a special proceeding at a special term of the
supreme court, held within the judicial district in  which  the  refusal
occurred,  for an order determining whether the questions in response to
which the refusal occurred were relevant and material  to  the  inquiry.
Upon  the commencement of such proceeding, the sending of such notice of
refusal to answer shall be subject to order of the court  in  which  the
proceeding  was  brought  in a manner and on such terms as the court may
deem just. If a proceeding is not brought within  ten  days,  notice  of
refusal shall thereupon be sent as provided herein.
  2.  ANY  PERSON  WHO STANDS CONVICTED OF AN OFFENSE DEFINED IN ARTICLE
TWO HUNDRED OR FOUR HUNDRED NINETY-SIX  OR  SECTION  195.00,  195.01  OR
195.02  OF  THE  PENAL  LAW, AND ANY FIRM, PARTNERSHIP OR CORPORATION OF
WHICH ANY SUCH PERSON IS A MEMBER, PARTNER, DIRECTOR OR OFFICER SHALL BE
DISQUALIFIED, FOR LIFE, FROM THEREAFTER SELLING TO OR SUBMITTING BIDS TO
OR RECEIVING AWARDS FROM OR ENTERING INTO ANY CONTRACTS WITH  THE  STATE
OR ANY PUBLIC DEPARTMENT, AGENCY OR OFFICIAL THEREOF, FOR GOODS, WORK OR
SERVICES.  IN  THE EVENT A PERSON OR FIRM, PARTNERSHIP OR CORPORATION IS
SO CONVICTED, THE OFFICE RESPONSIBLE FOR PROSECUTING SUCH OFFENSE  SHALL
SEND  NOTICE  OF  SUCH  CONVICTION  TOGETHER WITH THE NAMES OF ANY FIRM,
PARTNERSHIP OR CORPORATION OF WHICH THE PERSON IS KNOWN TO BE A  MEMBER,
PARTNER,  OFFICER  OR  DIRECTOR,  TO  THE  STATE COMMISSIONER OF GENERAL
SERVICES, AND SUCH APPROPRIATE DEPARTMENTS, AGENCIES  AND  OFFICIALS  OF
THE  STATE,  POLITICAL  SUBDIVISIONS  THEREOF OR PUBLIC AUTHORITIES WITH
WHOM THE PERSON AND ANY FIRM, PARTNERSHIP OR CORPORATION OF WHICH HE  IS
A MEMBER, PARTNER, DIRECTOR OR OFFICER, IS KNOWN TO HAVE A CONTRACT.
  S  32.  Subdivision  6  of  section 1310 of the civil practice law and
rules, as added by chapter 669 of the laws of 1984, is amended  to  read
as follows:
  6.  "Pre-conviction  forfeiture  crime" means only a felony defined in
article two hundred twenty OR FOUR HUNDRED NINETY-SIX or section 195.00,
195.01, 195.02, 221.30 or 221.55 of the penal law.
  S 33. Section 3 of the public officers law is amended by adding a  new
subdivision 1-a to read as follows:

S. 6355--B                         25                         A. 8555--B

  1-A.  NO  PERSON  SHALL BE CAPABLE OF HOLDING A CIVIL OFFICE WHO SHALL
STAND CONVICTED OF A CRIME  DEFINED  IN  ARTICLE  TWO  HUNDRED  OR  FOUR
HUNDRED NINETY-SIX OR SECTION 195.00, 195.01 OR 195.02 OF THE PENAL LAW.
  S 34. The real property tax law is amended by adding a new section 493
to read as follows:
  S  493.  LIMITATIONS.  1.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, ANY REAL PROPERTY WHICH WOULD OTHERWISE  BE  ELIGIBLE  FOR  AN
EXEMPTION,  CREDIT,  ABATEMENT,  REBATE  OR OTHER REDUCTION OR OFFSET OF
REAL PROPERTY TAX LIABILITY AUTHORIZED BY LAW SHALL NOT BE  SO  ELIGIBLE
IF  ANY  PERSON WHO STANDS TO BENEFIT FROM THE EXEMPTION, CREDIT, ABATE-
MENT, REBATE OR OTHER REDUCTION OR OFFSET STANDS CONVICTED OF AN OFFENSE
DEFINED IN ARTICLE TWO HUNDRED OR FOUR  HUNDRED  NINETY-SIX  OR  SECTION
195.00, 195.01 OR 195.02 OF THE PENAL LAW.
  2.  FOR PURPOSES OF THIS SECTION, A PERSON SHALL BE DEEMED TO STAND TO
BENEFIT FROM AN EXEMPTION, CREDIT, ABATEMENT, REBATE OR OTHER  REDUCTION
OR OFFSET OF REAL PROPERTY TAX LIABILITY IF THE PERSON IS:
  (A) AN OWNER OR BENEFICIAL OWNER THEREOF, OR
  (B)  IN  THE  CASE OF RESIDENTIAL REAL PROPERTY OWNED BY A COOPERATIVE
APARTMENT CORPORATION, A TENANT-STOCKHOLDER RESIDING THEREIN, OR
  (C) IN THE CASE OF A PARTNERSHIP THAT HAS LEGAL TITLE TO PROPERTY,  OR
IS OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES THEREON, A PARTNER THERE-
OF, OR
  (D) IN THE CASE OF A LIMITED LIABILITY COMPANY THAT HAS LEGAL TITLE TO
PROPERTY,  OR  IS OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES THEREON, A
MANAGER OR MEMBER THEREOF, OR
  (E) IN THE CASE OF A CORPORATION THAT HAS LEGAL TITLE TO  PROPERTY  OR
IS  OBLIGATED  TO  MAKE PAYMENTS IN LIEU OF TAXES THEREON, A DIRECTOR OR
OFFICER THEREOF.
  3. IN THE EVENT A  PERSON  OR  FIRM,  PARTNERSHIP  OR  CORPORATION  IS
CONVICTED  OF  AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED OR FOUR HUNDRED
NINETY-SIX OR SECTION 195.00, 195.01 OR 195.02 OF  THE  PENAL  LAW,  THE
OFFICE  RESPONSIBLE  FOR  PROSECUTING  SUCH OFFENSE SHALL SEND NOTICE OF
SUCH CONVICTION, TOGETHER WITH THE NAMES OF  ANY  FIRM,  PARTNERSHIP  OR
CORPORATION  OF WHICH THE PERSON IS KNOWN TO BE A MEMBER, PARTNER, OFFI-
CER OR DIRECTOR, TO THE ASSESSOR OF ANY ASSESSING  UNIT  IN  WHICH  SUCH
PERSON  OR SUCH FIRM, PARTNERSHIP OR CORPORATION IS KNOWN TO OWN PROPER-
TY.
  S 35. Section 960 of the general municipal law is amended by adding  a
new subdivision (f) to read as follows:
  (F)  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS ARTICLE, A BUSINESS
ENTERPRISE SHALL NOT BE ELIGIBLE FOR ANY BENEFITS PURSUANT TO THIS ARTI-
CLE IF SUCH ENTERPRISE STANDS CONVICTED OF AN OFFENSE DEFINED IN ARTICLE
TWO HUNDRED OR FOUR HUNDRED NINETY-SIX  OR  SECTION  195.00,  195.01  OR
195.02  OF THE PENAL LAW, OR IF ANY MEMBER, PARTNER, DIRECTOR OR OFFICER
OF SUCH ENTERPRISE STANDS CONVICTED OF ANY SUCH OFFENSE.
  S 36. The tax law is amended by adding a new section  41  to  read  as
follows:
  S  41.  LIMITATIONS ON TAX CREDIT ELIGIBILITY. ANY TAXPAYER WHO STANDS
CONVICTED, OR WHO IS A SHAREHOLDER OF AN S CORPORATION OR PARTNER  IN  A
PARTNERSHIP  WHICH  IS  CONVICTED,  OF AN OFFENSE DEFINED IN ARTICLE TWO
HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION 195.00, 195.01  OR  195.02
OF  THE PENAL LAW SHALL NOT BE ELIGIBLE FOR ANY TAX CREDIT ALLOWED UNDER
ARTICLE NINE, NINE-A, THIRTY-TWO OR THIRTY-THREE OF THIS CHAPTER OR  ANY
BUSINESS  TAX  CREDIT  ALLOWED UNDER ARTICLE TWENTY-TWO OF THIS CHAPTER.
FOR PURPOSES OF THIS SECTION, A BUSINESS TAX CREDIT ALLOWED UNDER  ARTI-
CLE  TWENTY-TWO  OF  THIS  CHAPTER  IS A TAX CREDIT ALLOWED TO TAXPAYERS

S. 6355--B                         26                         A. 8555--B

UNDER ARTICLE TWENTY-TWO WHICH IS SUBSTANTIALLY SIMILAR TO A TAX  CREDIT
ALLOWED  TO TAXPAYERS UNDER ARTICLE NINE-A OF THIS CHAPTER. IN THE EVENT
A PERSON OR FIRM, PARTNERSHIP OR CORPORATION IS CONVICTED OF AN  OFFENSE
DEFINED  IN  ARTICLE  TWO  HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION
195.00, 195.01 OR 195.02 OF THE PENAL LAW, THE  OFFICE  RESPONSIBLE  FOR
PROSECUTING  SUCH OFFENSE SHALL SEND NOTICE OF SUCH CONVICTION, TOGETHER
WITH THE NAMES OF ANY FIRM, PARTNERSHIP  OR  CORPORATION  OF  WHICH  THE
PERSON  IS  KNOWN  TO  BE A MEMBER, PARTNER, OFFICER OR DIRECTOR, TO THE
COMMISSIONER.
  S 37. Paragraph 8 of subdivision 3 of section 73-a of the public offi-
cers law, as amended by section 5 of part A of chapter 399 of  the  laws
of 2011, is amended to read as follows:
8.  (a)  If  the  reporting individual practices law, is licensed by the
    department of state as a real estate broker or agent or practices  a
    profession  licensed  by  the department of education, or works as a
    member or employee of  a  firm  required  to  register  pursuant  to
    section  one-e of the legislative law as a lobbyist, [give] DESCRIBE
    THE SERVICES RENDERED FOR WHICH COMPENSATION WAS PAID,  INCLUDING  a
    general description of the principal subject areas of matters under-
    taken  by  such  individual  OR  PRINCIPAL  DUTIES  PERFORMED. Addi-
    tionally, if such an individual practices with a firm or corporation
    and is a partner or shareholder of the firm or corporation,  give  a
    general description of principal subject areas of matters undertaken
    by such firm or corporation.

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________

  (b)  APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE, OR FOR NEW MATTERS
FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO  THOSE  SERVICES  THAT
ARE PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE:
  If the reporting individual personally provides services to any person
or  entity,  or works as a member or employee of a partnership or corpo-
ration that  provides  such  services  (referred  to  hereinafter  as  a
"firm"),  then  identify  each  client or customer to whom the reporting
individual  personally  AND  KNOWINGLY  provided  DIRECT   OR   INDIRECT
services,  or  who was referred to the firm by the reporting individual,
and from whom the reporting individual or his or her firm earned fees in
excess of $10,000 during the reporting period for such services rendered
in direct connection with:
  (i) A proposed bill or resolution in the senate or assembly during the
reporting period;
  (ii) A contract in an amount totaling $50,000  or more from the  state
or any state agency for services, materials, or property;
  (iii)  A  grant of $25,000  or more from the state or any state agency
during the reporting period;
  (iv) A grant obtained through  a  legislative  initiative  during  the
reporting period; or
  (v)  A  case,  proceeding,  application  or other matter that is not a
ministerial matter before a state agency during the reporting period.
  For purposes of this question, "referred  to  the  firm"  shall  mean:
having  intentionally  and  knowingly  taken a specific act or series of

S. 6355--B                         27                         A. 8555--B

acts to intentionally procure for the  reporting  individual's  firm  or
knowingly  solicit or direct to the reporting individual's firm in whole
or substantial part, a person or entity that becomes a  client  of  that
firm  for  the  purposes  of  representation  for a matter as defined in
subparagraphs (i) through (v) of this paragraph, as the result  of  such
procurement,  solicitation  or  direction of the reporting individual. A
reporting  individual  need  not  disclose  activities  performed  while
lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi-
sion seven of section seventy-three of this article.
  The  disclosure requirement in this question shall not require disclo-
sure of clients or  customers  receiving  medical  or  dental  services,
mental  health  services, residential real estate brokering services, or
insurance brokering services from the reporting individual or his or her
firm. The reporting individual need not identify any client to  whom  he
or  she or his or her firm provided legal representation with respect to
investigation or prosecution by law enforcement authorities, bankruptcy,
or domestic relations matters. With respect to  clients  represented  in
other  matters,  where  disclosure  of  a client's identity is likely to
cause harm, the reporting individual shall request an exemption from the
joint commission pursuant  to  paragraph  (i)  of  subdivision  nine  of
section  ninety-four  of  the executive law. Only a reporting individual
who first enters public office after July first,  two  thousand  twelve,
need  not  report clients or customers with respect to matters for which
the reporting individual or his or her firm was retained prior to enter-
ing public office.
Client                                    Nature of Services Provided
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

  (c) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES  ARE
PROVIDED  ON  OR  AFTER  JANUARY FIRST, TWO THOUSAND FIFTEEN, OR FOR NEW
MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES
THAT ARE PROVIDED ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN:
  (I) IF THE REPORTING INDIVIDUAL RECEIVES INCOME OF $50,000 OR  GREATER
FROM  ANY EMPLOYMENT OR ACTIVITY REPORTABLE UNDER QUESTION 8(A), INCLUD-
ING THE PRACTICE OF LAW, IDENTIFY EACH CLIENT OR CUSTOMER  TO  WHOM  THE
REPORTING INDIVIDUAL OR HIS OR HER FIRM EARNED FEES IN EXCESS OF $10,000
DURING THE REPORTING PERIOD FOR SUCH SERVICES RENDERED IF SUCH CLIENT OR
CUSTOMER  HAS  A  PENDING  MATTER  WITH THE STATE, EVEN IF THE REPORTING
INDIVIDUAL PROVIDES NO  SERVICES  RELATED  TO  SUCH  MATTER,  IN  DIRECT
CONNECTION WITH:
(A)  A  PROPOSED BILL OR RESOLUTION IN THE SENATE OR ASSEMBLY DURING THE
    REPORTING PERIOD;
(B) A CONTRACT IN AN AMOUNT TOTALING $50,000 OR MORE FROM THE  STATE  OR
    ANY STATE AGENCY FOR SERVICES, MATERIALS, OR PROPERTY;
(C) A GRANT OF $25,000 OR MORE FROM THE STATE OR ANY STATE AGENCY DURING
    THE REPORTING PERIOD;
(D) A GRANT OBTAINED THROUGH A LEGISLATIVE INITIATIVE DURING THE REPORT-
    ING PERIOD; OR
(E) A CASE, PROCEEDING, APPLICATION OR OTHER MATTER THAT IS NOT A MINIS-
    TERIAL MATTER BEFORE A STATE AGENCY DURING THE REPORTING PERIOD.
  (II)  THE  REPORTING  INDIVIDUAL  SHALL IDENTIFY EVERY CLIENT DIRECTLY
REFERRED TO SUCH INDIVIDUAL BY A REGISTERED  LOBBYIST  OR  CLIENT  OF  A

S. 6355--B                         28                         A. 8555--B

LOBBYIST  WHERE  SUCH  REFERRAL  SHALL HAVE BEEN MADE BY DIRECT COMMUNI-
CATION FROM THE LOBBYIST OR CLIENT OF A LOBBYIST TO THE REPORTING  INDI-
VIDUAL. WITH RESPECT TO EACH SUCH CLIENT, THE REPORTING INDIVIDUAL SHALL
IDENTIFY  THE NAME OF THE CLIENT SO REFERRED, THE AMOUNT OF COMPENSATION
RECEIVED, AND THE NAME OF THE LOBBYIST  OR  CLIENT  OF  A  LOBBYIST  WHO
REFERRED  SUCH  CLIENT.   THE DISCLOSURE REQUIREMENTS IN CLAUSES (I) AND
(II) OF THIS SUBPARAGRAPH SHALL NOT REQUIRE  DISCLOSURE  OF  CLIENTS  OR
CUSTOMERS  RECEIVING MEDICAL OR DENTAL SERVICES, MENTAL HEALTH SERVICES,
RESIDENTIAL REAL  ESTATE  BROKERING  SERVICES,  OR  INSURANCE  BROKERING
SERVICES FROM THE REPORTING INDIVIDUAL OR HIS OR HER FIRM. THE REPORTING
INDIVIDUAL  NEED NOT IDENTIFY ANY CLIENT TO WHOM HE OR SHE OR HIS OR HER
FIRM PROVIDED LEGAL REPRESENTATION  WITH  RESPECT  TO  INVESTIGATION  OR
PROSECUTION  BY  LAW  ENFORCEMENT  AUTHORITIES,  BANKRUPTCY, OR DOMESTIC
RELATIONS MATTERS. WITH RESPECT TO CLIENTS REPRESENTED IN OTHER MATTERS,
THE REPORTING INDIVIDUAL SHALL  REQUEST  AN  EXEMPTION  FROM  THE  JOINT
COMMISSION,  WHICH  SHALL  BE  GRANTED  FOR  GOOD  CAUSE  SHOWN. FOR THE
PURPOSES OF THIS QUESTION, GOOD CAUSE  MAY  BE  SHOWN  BY  CIRCUMSTANCES
INCLUDING,  BUT  NOT LIMITED TO, WHERE DISCLOSURE OF A CLIENT'S IDENTITY
WOULD REVEAL TRADE SECRETS OR HAVE A NEGATIVE  IMPACT  ON  THE  CLIENT'S
BUSINESS  INTERESTS,  WOULD  CAUSE  EMBARRASSMENT  FOR THE CLIENT, COULD
REASONABLY RESULT IN RETALIATION AGAINST THE CLIENT, OR  WOULD  TEND  TO
REVEAL  NON-PUBLIC  MATTERS  REGARDING A CRIMINAL INVESTIGATION.  ONLY A
REPORTING INDIVIDUAL WHO FIRST ENTERS PUBLIC OFFICE AFTER JANUARY FIRST,
TWO THOUSAND FIFTEEN, NEED NOT REPORT CLIENTS OR CUSTOMERS WITH  RESPECT
TO  MATTERS  FOR  WHICH  THE REPORTING INDIVIDUAL OR HIS OR HER FIRM WAS
RETAINED PRIOR TO ENTERING PUBLIC OFFICE.
CLIENT                                    NATURE OF SERVICES PROVIDED
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

  (D) List the name, principal address and general  description  or  the
nature  of  the  business  activity of any entity in which the reporting
individual or such individual's spouse had an investment  in  excess  of
$1,000 excluding investments in securities and interests in real proper-
ty.

    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________
    ____________________________________________________________________

  S  38.  Severability.  If  any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion  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  39.  This act shall take effect on the thirtieth day after it shall
have become a law and shall only apply to acts  committed  on  or  after
such date.

S. 6355--B                         29                         A. 8555--B

                                SUBPART B

  Section  1.  Subdivision  1  of section 14-126 of the election law, as
amended by section 3 of part E of chapter 399 of the laws  of  2011,  is
amended to read as follows:
  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  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]  CHIEF 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 penal-
ty, not in excess of ten thousand dollars, to be recoverable as provided
for in this subdivision.
  S 2. 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, and such other staff members as  are
necessary  in  the  exercise of its functions, and may fix their compen-
sation. [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 commissioner 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 GOVER-
NOR  SHALL  APPOINT  A CHIEF ENFORCEMENT COUNSEL TO HEAD THE DIVISION OF
ELECTION LAW ENFORCEMENT WHO SHALL HAVE A FIXED TERM OF FOUR YEARS, WITH
THE ADVICE AND CONSENT OF THE SENATE, WITH SUCH CONSENT DETERMINED BY  A
VOTE OF THE SENATE WITHIN THIRTY DAYS OF THE NOMINATION BY THE GOVERNOR,
AND  SHALL  BE  REMOVED  ONLY FOR GOOD CAUSE AND SOLELY BY THE GOVERNOR.
THE CHIEF ENFORCEMENT COUNSEL SHALL HAVE SOLE AUTHORITY  OVER  PERSONNEL
DECISIONS  WITHIN THE ENFORCEMENT UNIT. ALL HIRING DECISIONS MADE BY THE
CHIEF ENFORCEMENT COUNSEL SHALL BE  MADE  WITHOUT  REGARD  TO  POLITICAL
PARTY  AFFILIATION.   ANY VACANCY IN THE OFFICE OF CO-EXECUTIVE DIRECTOR
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  vacat-
ing  incumbent  for  the  remaining  period of the term of such vacating
incumbent.
  S 3. Subdivision 3 and paragraph (c) of  subdivision  9-A  of  section
3-102  of the election law, subdivision 3 as amended by chapter 9 of the
laws of 1978 and paragraph (c) of subdivision 9-A as  added  by  chapter
430 of the laws of 1997, 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 CHIEF
ENFORCEMENT COUNSEL, ESTABLISHED PURSUANT TO SECTION 3-100 OF THIS ARTI-
CLE, SHALL CONDUCT ANY INVESTIGATION NECESSARY TO ENFORCE THE PROVISIONS
OF THIS CHAPTER;
  (c) establish [a] AN EDUCATIONAL AND training program on ALL REPORTING
REQUIREMENTS INCLUDING BUT NOT LIMITED TO the electronic reporting proc-

S. 6355--B                         30                         A. 8555--B

ess and make it EASILY AND READILY available to any  such  candidate  or
committee;
  S  4. 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; enforcement powers.
  1.  (A)  THERE  SHALL  BE A UNIT KNOWN AS THE DIVISION OF ELECTION LAW
ENFORCEMENT ESTABLISHED WITHIN THE STATE BOARD OF ELECTIONS. THE HEAD OF
SUCH UNIT SHALL BE THE CHIEF 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  CHIEF
ENFORCEMENT  COUNSEL  SHALL  HAVE  AUTHORITY  WITHIN  THE STATE BOARD OF
ELECTIONS TO INVESTIGATE ON HIS OR HER OWN INITIATIVE OR UPON  COMPLAINT
ALLEGED   VIOLATIONS  OF  SUCH  STATUTES  AND  ALL  COMPLAINTS  ALLEGING
VIOLATIONS SHALL BE FORWARDED TO THE ENFORCEMENT  DIVISION  OF  ELECTION
LAW ENFORCEMENT.
  2.  (A) 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 OR OTHER
PERSON OR ENTITY THAT FILES STATEMENTS REQUIRED BY 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 LOCAL
BOARD SHALL REPORT THE RESULTS OF ITS INVESTIGATION TO THE  DIVISION  OF
ELECTION LAW ENFORCEMENT CHIEF ENFORCEMENT COUNSEL WITHIN NINETY DAYS OF
THE  START  OF  SUCH  INVESTIGATION.   THE CHIEF ENFORCEMENT COUNSEL MAY
DIRECT THE LOCAL BOARD OF ELECTIONS AT ANY TIME TO SUSPEND ITS  INVESTI-
GATION  SO THAT THE DIVISION OF ELECTION LAW ENFORCEMENT CAN INVESTIGATE
THE MATTER.
  (B) The [state board  of  elections]  CHIEF  ENFORCEMENT  COUNSEL  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.] 3. UPON RECEIPT OF A COMPLAINT AND SUPPORTING INFORMATION ALLEGING
ANY OTHER VIOLATION OF THIS CHAPTER, THE CHIEF ENFORCEMENT COUNSEL SHALL

S. 6355--B                         31                         A. 8555--B

ANALYZE THE COMPLAINT TO DETERMINE IF AN INVESTIGATION SHOULD BE  UNDER-
TAKEN.  THE  CHIEF ENFORCEMENT COUNSEL SHALL, IF NECESSARY, OBTAIN ADDI-
TIONAL INFORMATION FROM THE COMPLAINANT OR FROM OTHER SOURCES 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 THIS CHAPTER AND, SECOND,  WHETHER  THE  ALLEGATIONS  ARE
SUPPORTED BY CREDIBLE EVIDENCE.
  4.  IF  THE CHIEF ENFORCEMENT COUNSEL DETERMINES THAT THE ALLEGATIONS,
IF TRUE, WOULD NOT CONSTITUTE A VIOLATION OF THIS CHAPTER  OR  THAT  THE
ALLEGATIONS  ARE  NOT  SUPPORTED  BY  CREDIBLE EVIDENCE, HE OR SHE SHALL
ISSUE A LETTER TO THE COMPLAINANT DISMISSING THE COMPLAINT.
  5. THE CHIEF ENFORCEMENT COUNSEL SHALL HAVE THE POWER TO FULLY  INVES-
TIGATE  VIOLATIONS OF THIS CHAPTER, INCLUDING THE POWER TO ISSUE SUBPOE-
NAS AND TO APPLY FOR SEARCH WARRANTS PURSUANT  TO  ARTICLE  SIX  HUNDRED
NINETY  OF  THE  CRIMINAL  PROCEDURE LAW, AND, EXCEPT IN EXIGENT CIRCUM-
STANCES, SHALL GIVE PRIOR NOTICE OF  THE  APPLICATION  TO  THE  DISTRICT
ATTORNEY OF THE COUNTY IN WHICH SUCH A WARRANT IS TO BE EXECUTED, AND IN
SUCH  EXIGENT CIRCUMSTANCES SHALL GIVE SUCH NOTICE AS SOON THEREAFTER AS
IS PRACTICABLE; PROVIDED, HOWEVER THAT THE FAILURE TO GIVE NOTICE  OF  A
SEARCH  WARRANT APPLICATION TO A DISTRICT ATTORNEY SHALL NOT BE A GROUND
TO SUPPRESS THE EVIDENCE SEIZED IN  EXECUTING  THE  WARRANT.  THE  CHIEF
ENFORCEMENT COUNSEL SHALL BE FURTHER AUTHORIZED TO USE THE FULL INVESTI-
GATIVE POWERS OF THE STATE BOARD OF ELECTIONS, AS PROVIDED FOR IN SUBDI-
VISIONS THREE, FOUR, FIVE AND SIX OF SECTION 3-102 OF THIS TITLE.
  6.  THE  CHIEF  ENFORCEMENT  COUNSEL  MAY, AFTER CONSULTATION WITH THE
DISTRICT ATTORNEY AS TO THE TIME AND PLACE OF SUCH ATTENDANCE OR APPEAR-
ANCE, ATTEND IN PERSON ANY TERM OF THE COUNTY  COURT  OR  SUPREME  COURT
HAVING  APPROPRIATE  JURISDICTION, INCLUDING AN EXTRAORDINARY SPECIAL OR
TRIAL TERM OF THE SUPREME  COURT  WHEN  ONE  IS  APPOINTED  PURSUANT  TO
SECTION  ONE  HUNDRED  FORTY-NINE OF THE JUDICIARY LAW, OR APPEAR BEFORE
THE GRAND JURY THEREOF, FOR THE PURPOSE OF MANAGING  AND  CONDUCTING  IN
SUCH COURT OR BEFORE SUCH JURY A CRIMINAL ACTION OR PROCEEDING CONCERNED
WITH  A CRIMINAL VIOLATION OF THIS CHAPTER.  THE CHIEF ENFORCEMENT COUN-
SEL MAY REPRESENT, AND SHALL RECEIVE, THE ASSISTANCE OF THE STATE POLICE
IN ANY INVESTIGATION HE OR SHE SHALL CONDUCT.  IN SUCH CASE, SUCH  CHIEF
ENFORCEMENT  COUNSEL  OR  HIS OR HER ASSISTANT SO ATTENDING MAY EXERCISE
ALL THE POWERS AND PERFORM ALL THE DUTIES IN RESPECT OF SUCH ACTIONS  OR
PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE BE AUTHORIZED OR
REQUIRED TO EXERCISE OR PERFORM.
  7.  (A)  IF  THE CHIEF ENFORCEMENT COUNSEL DETERMINES THAT SUBSTANTIAL
REASON EXISTS TO BELIEVE THAT A PERSON, ACTING AS  OR  ON  BEHALF  OF  A
CANDIDATE  OR POLITICAL COMMITTEE UNDER CIRCUMSTANCES EVINCING AN INTENT
TO VIOLATE SUCH LAW THAT DOES  NOT  OTHERWISE  WARRANT  CRIMINAL  PROSE-
CUTION,  HAS  UNLAWFULLY ACCEPTED A CONTRIBUTION IN EXCESS OF A CONTRIB-
UTION LIMITATION ESTABLISHED IN ARTICLE FOURTEEN OF THIS CHAPTER OR  HAS
UNLAWFULLY VIOLATED ANY PROVISION OF THIS CHAPTER, THE CHIEF ENFORCEMENT
COUNSEL SHALL SELECT A HEARING OFFICER, FROM A LIST OF PROSPECTIVE HEAR-
ING  OFFICERS  EACH APPROVED BY A TWO-THIRDS MAJORITY VOTE OF THE BOARD,
TO WHOM HE OR SHALL SHALL PROVIDE A WRITTEN REPORT AS  TO:  (1)  WHETHER
SUBSTANTIAL  REASON  EXISTS  TO  BELIEVE A VIOLATION OF THIS CHAPTER HAS
OCCURRED AND, IF SO, THE NATURE OF  THE  VIOLATION  AND  ANY  APPLICABLE
PENALTY,  BASED  ON  THE NATURE OF THE VIOLATION; (2) WHETHER THE MATTER
SHOULD BE RESOLVED EXTRA-JUDICIALLY; AND (3) WHETHER A SPECIAL  PROCEED-
ING SHOULD BE COMMENCED IN THE SUPREME COURT TO RECOVER A CIVIL PENALTY.
THE  HEARING  OFFICER SHALL MAKE FINDINGS OF FACT AND CONCLUSIONS OF LAW
BASED ON A PREPONDERANCE OF THE EVIDENCE AS TO WHETHER A  VIOLATION  HAS

S. 6355--B                         32                         A. 8555--B

BEEN  ESTABLISHED  AND  WHO IS GUILTY OF SUCH VIOLATION ON NOTICE TO AND
WITH AN  OPPORTUNITY  FOR  THE  INDIVIDUAL  OR  ENTITY  ACCUSED  OF  ANY
VIOLATIONS  TO  BE HEARD. THE CHIEF ENFORCEMENT COUNSEL SHALL ADOPT SUCH
REPORT  AND  COMMENCE A SPECIAL PROCEEDING IN THE SUPREME COURT PURSUANT
TO SECTIONS 16-100, 16-114 AND 16-116 OF THIS CHAPTER SHOULD  THE  FIND-
INGS  OF  FACT  AND  CONCLUSIONS OF LAW SUPPORT THE COMMENCEMENT OF SUCH
PROCEEDING.  IF THE BOARD OF ELECTIONS FAILS TO PRODUCE A LIST OF ELIGI-
BLE HEARING OFFICERS, THE  CHIEF  ENFORCEMENT  COUNSEL  MAY  COMMENCE  A
SPECIAL PROCEEDING AS PROVIDED HEREIN IN ACCORDANCE WITH RECOMMENDATIONS
MADE IN HIS OR HER REPORT.
  (B) IF THE CHIEF ENFORCEMENT COUNSEL DETERMINES, THAT REASONABLE CAUSE
EXISTS  TO BELIEVE A VIOLATION WARRANTING CRIMINAL PROSECUTION HAS TAKEN
PLACE, THE CHIEF ENFORCEMENT COUNSEL SHALL COMMENCE A CRIMINAL ACTION OR
REFER SUCH MATTER TO THE ATTORNEY  GENERAL  OR  DISTRICT  ATTORNEY  WITH
JURISDICTION OVER SUCH MATTER TO COMMENCE A CRIMINAL ACTION AS SUCH TERM
IS DEFINED IN THE CRIMINAL PROCEDURE LAW.
  8. 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 CHIEF ENFORCEMENT COUNSEL SHALL  INVESTIGATE
THE ALLEGED VIOLATIONS UNLESS OTHERWISE DIRECTED BY THE COURT.
  9.  THE  CHIEF  ENFORCEMENT  COUNSEL  SHALL  PREPARE  A  REPORT, TO BE
INCLUDED IN THE ANNUAL REPORT  TO  THE  GOVERNOR,  THE  STATE  BOARD  OF
ELECTIONS AND LEGISLATURE, SUMMARIZING THE ACTIVITIES OF THE UNIT DURING
THE PREVIOUS YEAR.
  10.  The state board of elections may promulgate rules and regulations
consistent with law to effectuate the provisions of this section.
  S 5. Subdivision 32 of section 1.20 of the criminal procedure law,  as
amended  by  section  4 of part A of chapter 501 of the laws of 2012, is
amended to read as follows:
  32. "District  attorney"  means  a  district  attorney,  an  assistant
district  attorney  or a special district attorney, and, where appropri-
ate, the attorney general,  an  assistant  attorney  general,  a  deputy
attorney  general,  a  special deputy attorney general, [or] the special
prosecutor and inspector general  for  the  protection  of  people  with
special  needs  or  his  or her assistants when acting pursuant to their
duties in matters arising under article twenty of the executive law,  OR
THE  CHIEF  ENFORCEMENT  COUNSEL  OF  THE  STATE BOARD OF ELECTIONS WHEN
ACTING PURSUANT TO HIS OR  HER  DUTIES  IN  MATTERS  ARISING  UNDER  THE
ELECTION LAW.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law.

                                SUBPART C

  Section 1. Section 14-100 of the election law  is  amended  by  adding
four 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-

S. 6355--B                         33                         A. 8555--B

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 ARTICLE,
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.  "INTERMEDIARY"  MEANS  AN  INDIVIDUAL,  CORPORATION, PARTNERSHIP,
POLITICAL COMMITTEE, LABOR ORGANIZATION, OR OTHER  ENTITY  WHICH,  OTHER
THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY, OR MESSEN-
GER  SERVICE, DELIVERS ANY CONTRIBUTION FROM ANOTHER PERSON OR ENTITY TO
A CANDIDATE OR AN AUTHORIZED COMMITTEE.
  "INTERMEDIARY"  SHALL  NOT  INCLUDE  SPOUSES,  PARENTS,  CHILDREN,  OR
SIBLINGS OF THE PERSON MAKING SUCH CONTRIBUTION.
  S  2.  Subdivision 1 of section 14-102 of the election law, as amended
by chapter 8 and as redesignated by chapter 9 of the laws  of  1978,  is
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 or
incurs any liability to pay money or its equivalent  shall  file  state-
ments  sworn,  or subscribed and bearing a form notice that false state-
ments made therein are punishable as a class A misdemeanor  pursuant  to
section  210.45 of the penal law, at the times prescribed by this [arti-
cle] TITLE 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 of the transferor, contributor,
INTERMEDIARY, or person from  whom  received,  and  if  the  transferor,
contributor,  INTERMEDIARY, 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. AN INTERMEDIARY
NEED  NOT  BE  REPORTED  FOR  A  CONTRIBUTION  THAT WAS COLLECTED FROM A
CONTRIBUTOR IN CONNECTION WITH A PARTY OR OTHER CANDIDATE-RELATED  EVENT
HELD  AT THE RESIDENCE OF THE PERSON DELIVERING THE CONTRIBUTION, UNLESS
THE EXPENSES OF SUCH EVENT AT SUCH RESIDENCE FOR SUCH  CANDIDATE  EXCEED
FIVE  HUNDRED  DOLLARS OR THE AGGREGATE CONTRIBUTIONS RECEIVED FROM THAT
CONTRIBUTOR AT SUCH EVENT EXCEED FIVE  HUNDRED  DOLLARS.  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

S. 6355--B                         34                         A. 8555--B

expenditures, receipts and contributions shall be subject to  the  other
provisions of section 14-118 of this [article] TITLE.
  S  3.  Section  14-106 of the election law, as amended by section 2 of
part E of chapter 399 of the  laws  of  2011,  is  amended  to  read  as
follows:
  S 14-106. Political communication. The statements required to be filed
under  the provisions of this article next succeeding a primary, general
or special election shall be accompanied by a  copy  of  all  broadcast,
cable  or  satellite  schedules  and  scripts, internet, print and other
types  of  advertisements,  pamphlets,  circulars,  flyers,   brochures,
letterheads  and other printed matter purchased or produced, AND REPROD-
UCTIONS OF STATEMENTS OR INFORMATION PUBLISHED TO ONE THOUSAND  OR  MORE
MEMBERS  OF  A  GENERAL  PUBLIC AUDIENCE BY COMPUTER OR OTHER ELECTRONIC
DEVICE INCLUDING BUT NOT LIMITED TO ELECTRONIC  MAIL  OR  TEXT  MESSAGE,
purchased  in connection with such election by or under the authority of
the person filing the statement or the committee or the person on  whose
behalf  it  is  filed,  as  the  case may be. Such 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.
  S 4. 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 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 INFORMATION CONVEYED TO ONE  THOUSAND  OR  MORE
MEMBERS  OF A GENERAL PUBLIC AUDIENCE WHICH: (I) UNAMBIGUOUSLY REFERS TO
AND ADVOCATES FOR OR AGAINST A CLEARLY IDENTIFIED CANDIDATE OR EXPRESSLY
ADVOCATES THE SUCCESS OR DEFEAT OF A  BALLOT  PROPOSAL,  AND  (II)  SUCH
CANDIDATE, THE CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLI-
TICAL  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.   FOR THE PURPOSES OF THIS DEFI-
NITION, A COMMUNICATION ADVOCATES FOR OR AGAINST A CANDIDATE WHEN IT (I)
IRRESPECTIVE OF WHEN SUCH COMMUNICATION IS MADE, CONTAINS WORDS SUCH  AS
"VOTE,"  "OPPOSE," "SUPPORT," "ELECT," "DEFEAT," OR "REJECT," WHICH CALL
FOR THE ELECTION OR DEFEAT OF THE CLEARLY IDENTIFIED CANDIDATE, OR  (II)
WITHIN ONE YEAR OF THE ELECTION BUT MORE THAN SIXTY DAYS BEFORE A GENER-
AL  OR SPECIAL ELECTION FOR THE OFFICE SOUGHT BY THE CANDIDATE OR THIRTY
DAYS BEFORE A PRIMARY ELECTION, COULD ONLY BE INTERPRETED BY  A  REASON-
ABLE  PERSON  AS  ADVOCATING  FOR  THE ELECTION OR DEFEAT OF THE CLEARLY
IDENTIFIED CANDIDATE IN SUCH ELECTION BASED UPON  UNEQUIVOCAL,  UNAMBIG-
UOUS TERMS OF SUPPORT OR OPPOSITION, OR (III) WITHIN SIXTY DAYS PRIOR TO
A  GENERAL OR SPECIAL ELECTION FOR THE OFFICE SOUGHT BY THE CANDIDATE OR
THIRTY DAYS BEFORE A PRIMARY ELECTION, INCLUDES OR REFERENCES A  CLEARLY
IDENTIFIED CANDIDATE.
  (B) INDEPENDENT EXPENDITURES DO NOT INCLUDE EXPENDITURES IN CONNECTION
WITH:
  (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

S. 6355--B                         35                         A. 8555--B

  (II) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR
  (III)  INTERNAL COMMUNICATION BY MEMBERS TO OTHER MEMBERS OF A MEMBER-
SHIP ORGANIZATION, FOR THE PURPOSE OF SUPPORTING OR OPPOSING A CANDIDATE
OR CANDIDATES FOR ELECTIVE OFFICE, PROVIDED SUCH  EXPENDITURES  ARE  NOT
USED  FOR  THE  COSTS  OF  CAMPAIGN  MATERIAL  OR COMMUNICATIONS USED IN
CONNECTION WITH BROADCASTING,  TELECASTING,  NEWSPAPERS,  MAGAZINES,  OR
OTHER  PERIODICAL  PUBLICATION,  BILLBOARDS, OR SIMILAR TYPES OF GENERAL
PUBLIC COMMUNICATIONS; OR
  (IV) A COMMUNICATION PUBLISHED ON THE INTERNET,  UNLESS  THE  COMMUNI-
CATION IS A PAID ADVERTISEMENT.
  (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, OR POLITICAL COMMITTEE.
  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  WAS  NOT
EXPRESSLY  AUTHORIZED  OR  REQUESTED  BY ANY CANDIDATE, OR BY ANY CANDI-
DATE'S POLITICAL COMMITTEE OR ANY OF ITS AGENTS.
  3. (A) ANY PERSON WHO MAKES ANY INDEPENDENT EXPENDITURE IN AN UPCOMING
CALENDAR YEAR SHALL FIRST REGISTER WITH THE STATE BOARD OF ELECTIONS  AS
A POLITICAL COMMITTEE IN CONFORMANCE WITH THIS ARTICLE.
  (B)  ANY  PERSON  WHO  IS REGISTERED PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION SHALL REPORT  INDEPENDENT  EXPENDITURES  OVER  ONE  THOUSAND
DOLLARS  TO  THE STATE BOARD OF ELECTIONS ON A STATEMENT IN THE FORM SET
FORTH IN SUBDIVISION FOUR OF THIS SECTION AND AT TIMES SET FORTH IN THIS
SUBDIVISION.
  (C) ANY CONTRIBUTION OVER ONE THOUSAND DOLLARS MADE TO ANY PERSON  WHO
HAS  REGISTERED  WITH THE STATE BOARD OF ELECTIONS PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION PRIOR TO THIRTY DAYS BEFORE ANY PRIMARY,  GENER-
AL,  OR  SPECIAL ELECTION SHALL BE DISCLOSED BY SUCH PERSON TO THE STATE
BOARD OF ELECTIONS ELECTRONICALLY WITHIN FORTY-EIGHT HOURS OF RECEIPT.
  (D) ANY CONTRIBUTION OVER ONE THOUSAND DOLLARS MADE TO ANY PERSON  WHO
HAS  REGISTERED  WITH THE STATE BOARD OF ELECTIONS PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION WITHIN THIRTY DAYS BEFORE ANY PRIMARY,  GENERAL,
OR SPECIAL ELECTION SHALL BE DISCLOSED BY SUCH PERSON TO THE STATE BOARD
OF ELECTIONS ELECTRONICALLY WITHIN TWENTY-FOUR HOURS OF RECEIPT.
  (E) A KNOWING AND WILLFUL VIOLATION OF THE PROVISIONS OF THIS SUBDIVI-
SION  SHALL SUBJECT THE PERSON TO A CIVIL PENALTY EQUAL TO FIVE THOUSAND
DOLLARS OR THE COST OF THE COMMUNICATION, WHICHEVER  IS  GREATER,  IN  A
SPECIAL  PROCEEDING  OR  CIVIL  ACTION  BROUGHT  BY THE BOARD OR IMPOSED
DIRECTLY BY THE BOARD OF ELECTIONS.
  4. EACH SUCH STATEMENT IN SUBDIVISION  THREE  OF  THIS  SECTION  SHALL
INCLUDE, IN ADDITION TO ANY OTHER INFORMATION REQUIRED BY LAW:
  (A)  THE  NAME,  ADDRESS, OCCUPATION AND EMPLOYER OF THE PERSON MAKING
THE STATEMENT;
  (B) THE NAME, ADDRESS, OCCUPATION AND EMPLOYER OF  THE  PERSON  MAKING
THE INDEPENDENT EXPENDITURE;
  (C) THE NAME, ADDRESS, OCCUPATION AND EMPLOYER OF ANY PERSON PROVIDING
A  CONTRIBUTION,  GIFT, LOAN, ADVANCE OR DEPOSIT OF ONE THOUSAND DOLLARS
OR MORE FOR THE INDEPENDENT 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
CONTRIBUTION, GIFT, LOAN, ADVANCE OR DEPOSIT TO  A  LABOR  ORGANIZATION;

S. 6355--B                         36                         A. 8555--B

AND  PROVIDED  FURTHER  THAT  THE  NAME  AND ADDRESS OF AN EMPLOYEE OF A
CORPORATION, UNINCORPORATED BUSINESS ENTITY OR A MEMBER OF  A  BUSINESS,
TRADE  OR PROFESSIONAL ASSOCIATION OR ORGANIZATION IS NOT REQUIRED FOR A
CONTRIBUTION,  GIFT, LOAN, ADVANCE OR DEPOSIT TO SUCH CORPORATION, UNIN-
CORPORATED BUSINESS ENTITY OR BUSINESS, TRADE  OR  PROFESSIONAL  ASSOCI-
ATION 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 POLITICAL COMMUNICATIONS PAID FOR BY THE  INDEPENDENT
EXPENDITURE,  INCLUDING BUT NOT LIMITED TO BROADCAST, CABLE OR SATELLITE
SCHEDULES AND SCRIPTS,  ADVERTISEMENTS,  PAMPHLETS,  CIRCULARS,  FLYERS,
BROCHURES, LETTERHEADS AND OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
MATION  CONVEYED  TO  ONE  THOUSAND  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 THIS SECTION.
  6. EVERY STATEMENT REQUIRED TO BE FILED PURSUANT TO THIS SECTION SHALL
BE FILED ELECTRONICALLY WITH THE STATE BOARD OF ELECTIONS.
  7. 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  5.  Subdivision 3 of section 14-124 of the election law, as amended
by chapter 71 of the laws of 1988, is amended to read as follows:
  3. The contribution and receipt limits of this article shall not apply
to monies received and expenditures made by a party committee or consti-
tuted committee to maintain a permanent headquarters and staff and carry
on ordinary activities which are not for the express purpose of  promot-
ing the candidacy of specific candidates, EXCEPT THAT CONTRIBUTIONS MADE
FOR  SUCH ACTIVITIES TO A PARTY COMMITTEE OR CONSTITUTED COMMITTEE SHALL
BE LIMITED TO TWENTY-FIVE THOUSAND DOLLARS IN THE  AGGREGATE  FROM  EACH
CONTRIBUTOR IN EACH YEAR.
  S  6.  Section  14-126 of the election law, as amended by section 3 of
part E of chapter 399 of the  laws  of  2011,  is  amended  to  read  as
follows:
  S 14-126. Violations; penalties. 1. (A) 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 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] CHIEF ENFORCEMENT  COUN-
SEL  PURSUANT  TO THIS CHAPTER OR IMPOSED DIRECTLY BY THE STATE BOARD OF
ELECTIONS.  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 penal-
ty, not in excess of ten thousand dollars, to be recoverable as provided
for in this subdivision.
  (B) FINES AUTHORIZED TO BE IMPOSED DIRECTLY  BY  THE  STATE  BOARD  OF
ELECTIONS  SHALL  BE  AFTER  A  HEARING  AT  WHICH THE SUBJECT PERSON OR
AUTHORIZED COMMITTEE SHALL BE GIVEN THE OPPORTUNITY TO  BE  HEARD.  SUCH
HEARING  SHALL  BE  HELD  IN  SUCH MANNER AND UPON SUCH NOTICE AS MAY BE
PRESCRIBED BY THE RULES OF THE STATE BOARD OF ELECTIONS. FOR PURPOSES OF
CONDUCTING SUCH HEARINGS, THE STATE BOARD OF ELECTIONS SHALL  BE  DEEMED
TO  BE AN AGENCY WITHIN THE MEANING OF ARTICLE THREE OF THE STATE ADMIN-
ISTRATIVE PROCEDURE ACT AND SHALL ADOPT RULES GOVERNING THE  CONDUCT  OF

S. 6355--B                         37                         A. 8555--B

ADJUDICATORY  PROCEEDINGS  AND  APPEALS  TAKEN  PURSUANT TO A PROCEEDING
COMMENCED UNDER ARTICLE SEVENTY-EIGHT OF  THE  CIVIL  PRACTICE  LAW  AND
RULES  RELATING  TO  THE ASSESSMENT OF THE CIVIL PENALTIES AUTHORIZED IN
THIS SECTION.
  (C)  ALL PAYMENTS RECEIVED BY THE STATE BOARD OF ELECTIONS PURSUANT TO
THIS SECTION SHALL BE RETAINED IN THE APPROPRIATE ACCOUNTS AS DESIGNATED
BY THE DIVISION OF THE BUDGET FOR ENFORCEMENT ACTIVITIES BY THE BOARD OF
ELECTIONS.
  2. 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 the excess
amount plus a fine of up to ten thousand dollars, to be recoverable in a
special proceeding or civil action to be brought by the state  board  of
elections  CHIEF  ENFORCEMENT  COUNSEL  OR IMPOSED DIRECTLY BY THE STATE
BOARD OF ELECTIONS.
  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  CHIEF  ENFORCEMENT  COUNSEL  OR IMPOSED DIRECTLY BY THE STATE
BOARD OF ELECTIONS.  FOR PURPOSES OF THIS SUBDIVISION, THE TERM "PERSON"
SHALL MEAN A PERSON, GROUP OF PERSONS, CORPORATION, UNINCORPORATED BUSI-
NESS ENTITY, LABOR ORGANIZATION OR BUSINESS, TRADE OR PROFESSIONAL ASSO-
CIATION OR ORGANIZATION OR POLITICAL COMMITTEE.
  4. 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.
  [4.] 5. 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 CLASS A misdemeanor.
  [5.] 6. 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 7. This act shall take effect June 1, 2014.

                                SUBPART D

  Section 1. The article heading of article 14 of the  election  law  is
amended to read as follows:
  [Campaign  Receipts  and  Expenditures] CAMPAIGN RECEIPTS AND EXPENDI-
TURES; PUBLIC FINANCING
  S 2. Sections 14-100 through 14-130 of article 14 of the election  law
are  designated  title  I  and  a  new title heading is added to read as
follows:
                   CAMPAIGN RECEIPTS AND EXPENDITURES

S. 6355--B                         38                         A. 8555--B

  S 3. Section 14-100 of the election law is amended  by  adding  a  new
subdivision 16 to read as follows:
  16. "AUTHORIZED COMMITTEE" MEANS THE SINGLE POLITICAL COMMITTEE DESIG-
NATED  BY  A  CANDIDATE  TO RECEIVE ALL CONTRIBUTIONS AUTHORIZED BY THIS
TITLE.
  S 3-a. Section 3-104 of the election law is amended by  adding  a  new
subdivision 6 to read as follows:
  6.  THERE SHALL BE A UNIT KNOWN AS THE STATE BOARD OF ELECTIONS PUBLIC
FINANCING UNIT ESTABLISHED WITHIN THE STATE BOARD  OF  ELECTIONS,  WHICH
SHALL  BE  RESPONSIBLE  FOR  ADMINISTERING  AND,  WITH  THE  DIVISION OF
ELECTION LAW ENFORCEMENT,  ENFORCING  THE  REQUIREMENTS  OF  THE  PUBLIC
FINANCING  SYSTEM  SET  FORTH  IN  TITLE TWO OF ARTICLE FOURTEEN OF THIS
CHAPTER.
  S 3-b. Subdivision 2 of section 14-108 of the election law, as amended
by chapter 109 of the laws of 1997, is amended to read as follows:
  2. Each statement shall cover the  period  up  to  and  including  the
fourth  day  next  preceding  the day specified for the filing thereof[;
provided, however, that]. THE RECEIPT OF ANY  CONTRIBUTION  OR  LOAN  IN
EXCESS  OF  ONE  THOUSAND  DOLLARS SHALL BE DISCLOSED WITHIN FORTY-EIGHT
HOURS OF RECEIPT, AND SHALL BE REPORTED IN THE SAME MANNER AS ANY  OTHER
CONTRIBUTION  OR  LOAN  ON  THE  NEXT APPLICABLE STATEMENT. HOWEVER, any
contribution or loan in excess of  one  thousand  dollars,  if  received
after  the close of the period to be covered in the last statement filed
before  any  primary,  general  or  special  election  but  before  such
election,  shall be reported, in the same manner as other contributions,
within twenty-four hours after receipt.
  S 4. Subdivisions 1 and 10 of section  14-114  of  the  election  law,
subdivision  1  as  amended and subdivision 10 as added by chapter 79 of
the laws of 1992 and paragraphs a and b of subdivision 1 as  amended  by
chapter 659 of the laws of 1994, are amended to read as follows:
  1.  The following limitations apply to all contributions to candidates
for election to any public office or for nomination for any such office,
or for election to any party positions,  and  to  all  contributions  to
political  committees  working directly or indirectly with any candidate
to aid or participate in such candidate's nomination or election,  other
than any contributions to any party committee or constituted committee:
  a. In any election for a public office to be voted on by the voters of
the  entire  state, or for nomination to any such office, no contributor
may make a contribution to any candidate or political committee  PARTIC-
IPATING  IN  THE  STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM AS DEFINED IN
TITLE TWO OF THIS ARTICLE, and no SUCH candidate or political  committee
may accept any contribution from any contributor, which is in the aggre-
gate  amount  greater than:  (i) in the case of any nomination to public
office, the product of the total number of enrolled voters in the candi-
date's party in the state, excluding voters in inactive  status,  multi-
plied  by  $.005,  but such amount shall be not [less than four thousand
dollars nor] more than [twelve] SIX thousand dollars  [as  increased  or
decreased  by  the cost of living adjustment described in paragraph c of
this subdivision,] and (ii) in the case of  any  election  to  [a]  SUCH
public  office,  [twenty-five]  SIX  thousand  dollars  [as increased or
decreased by the cost of living adjustment described in paragraph  c  of
this  subdivision];  provided however, that the maximum amount which may
be so contributed or accepted, in the aggregate,  from  any  candidate's
child,  parent,  grandparent,  brother and sister, and the spouse of any
such persons, shall not exceed in the case of any nomination  to  public
office  an  amount  equivalent  to the product of the number of enrolled

S. 6355--B                         39                         A. 8555--B

voters in the candidate's party in the state, excluding voters in  inac-
tive  status, multiplied by $.025, and in the case of any election for a
public office, an amount equivalent to the  product  of  the  number  of
registered  voters  in  the  state  excluding voters in inactive status,
multiplied by $.025.
  b. In any other election for party  position  or  for  election  to  a
public  office or for nomination for any such office, no contributor may
make a contribution to any candidate or political committee  PARTICIPAT-
ING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM DEFINED IN TITLE TWO
OF  THIS ARTICLE (FOR THOSE OFFICES OR POSITIONS COVERED BY THAT SYSTEM)
and no SUCH candidate or political committee may accept any contribution
from any contributor, which is in the aggregate amount greater than: (i)
in the case of any election for party position,  or  for  nomination  to
public office, the product of the total number of enrolled voters in the
candidate's  party in the district in which he is a candidate, excluding
voters in inactive status, multiplied by $.05, and (ii) in the  case  of
any  election  for  a  public office, the product of the total number of
registered voters in the district, excluding voters in inactive  status,
multiplied  by $.05, however in the case of a nomination within the city
of New York for the office of mayor,  public  advocate  or  comptroller,
such  amount  shall be not less than four thousand dollars nor more than
twelve thousand dollars as increased or decreased by the cost of  living
adjustment described in paragraph [c] E of this subdivision; in the case
of  an  election  within  the  city of New York for the office of mayor,
public  advocate  or  comptroller,  twenty-five  thousand   dollars   as
increased  or  decreased  by  the cost of living adjustment described in
paragraph [c] E of this subdivision; in the  case  of  a  nomination  OR
ELECTION  for  state  senator,  four  thousand  dollars [as increased or
decreased by the cost of living adjustment described in paragraph  c  of
this  subdivision;  in  the  case  of an election for state senator, six
thousand two hundred fifty dollars as increased or decreased by the cost
of living adjustment described in paragraph c of this  subdivision];  in
the  case  of  an  election  or nomination for a member of the assembly,
[twenty-five hundred] TWO THOUSAND dollars [as increased or decreased by
the cost of living adjustment described in paragraph c of this  subdivi-
sion;  but  in  no  event  shall  any such maximum exceed fifty thousand
dollars or be less than one thousand dollars];  provided  however,  that
the  maximum  amount  which  may  be  so contributed or accepted, in the
aggregate, from any candidate's child, parent, grandparent, brother  and
sister, and the spouse of any such persons, shall not exceed in the case
of  any  election  for party position or nomination for public office an
amount equivalent to the number of enrolled voters  in  the  candidate's
party  in  the  district in which he is a candidate, excluding voters in
inactive status, multiplied by $.25 and in the case of any  election  to
public  office,  an amount equivalent to the number of registered voters
in the district, excluding voters  in  inactive  status,  multiplied  by
$.25;  or  twelve hundred fifty dollars, whichever is greater, or in the
case of a nomination or election of a  state  senator,  twenty  thousand
dollars,  whichever  is  greater,  or  in  the  case  of a nomination or
election of a member  of  the  assembly  twelve  thousand  five  hundred
dollars,  whichever  is  greater, but in no event shall any such maximum
exceed one hundred thousand dollars.
  C.  IN ANY ELECTION FOR A PUBLIC OFFICE TO BE VOTED ON BY  THE  VOTERS
OF  THE ENTIRE STATE, OR FOR NOMINATION TO ANY SUCH OFFICE, NO CONTRIBU-
TOR MAY MAKE A CONTRIBUTION TO ANY CANDIDATE OR POLITICAL  COMMITTEE  IN
CONNECTION  WITH  A  CANDIDATE  WHO  IS NOT A PARTICIPATING CANDIDATE AS

S. 6355--B                         40                         A. 8555--B

DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE, AND
NO SUCH CANDIDATE OR POLITICAL COMMITTEE  MAY  ACCEPT  ANY  CONTRIBUTION
FROM  ANY  CONTRIBUTOR,  WHICH  IS IN THE AGGREGATE AMOUNT GREATER THAN:
(I)  IN  THE CASE OF ANY NOMINATION TO PUBLIC OFFICE, THE PRODUCT OF THE
TOTAL NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN  THE  STATE,
EXCLUDING  VOTERS  IN  INACTIVE  STATUS,  MULTIPLIED  BY $.005, BUT SUCH
AMOUNT SHALL BE NOT LESS THAN FOUR THOUSAND DOLLARS NOR  MORE  THAN  TEN
THOUSAND  DOLLARS,  AND  (II)  IN  THE  CASE OF ANY ELECTION TO A PUBLIC
OFFICE, FIFTEEN THOUSAND DOLLARS; PROVIDED  HOWEVER,  THAT  THE  MAXIMUM
AMOUNT  WHICH  MAY BE SO CONTRIBUTED OR ACCEPTED, IN THE AGGREGATE, FROM
ANY CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER AND SISTER, AND  THE
SPOUSE  OF  ANY  SUCH PERSONS, SHALL NOT EXCEED IN THE CASE OF ANY NOMI-
NATION TO PUBLIC OFFICE AN AMOUNT  EQUIVALENT  TO  THE  PRODUCT  OF  THE
NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN THE STATE, EXCLUD-
ING  VOTERS  IN INACTIVE STATUS, MULTIPLIED BY $.025, AND IN THE CASE OF
ANY ELECTION FOR A PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE PRODUCT OF
THE NUMBER OF REGISTERED VOTERS IN THE STATE EXCLUDING VOTERS  IN  INAC-
TIVE STATUS, MULTIPLIED BY $.025.
  D.  IN  ANY  OTHER  ELECTION  FOR  PARTY POSITION OR FOR ELECTION TO A
PUBLIC OFFICE OR FOR NOMINATION FOR ANY SUCH OFFICE, NO CONTRIBUTOR  MAY
MAKE   A  CONTRIBUTION  TO  ANY  CANDIDATE  OR  POLITICAL  COMMITTEE  IN
CONNECTION WITH A CANDIDATE WHO IS  NOT  A  PARTICIPATING  CANDIDATE  AS
DEFINED  IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE AND
NO SUCH CANDIDATE OR POLITICAL COMMITTEE  MAY  ACCEPT  ANY  CONTRIBUTION
FROM ANY CONTRIBUTOR, WHICH IS IN THE AGGREGATE AMOUNT GREATER THAN: (I)
IN  THE  CASE  OF  ANY ELECTION FOR PARTY POSITION, OR FOR NOMINATION TO
PUBLIC OFFICE, THE PRODUCT OF THE TOTAL NUMBER OF ENROLLED VOTERS IN THE
CANDIDATE'S PARTY IN THE DISTRICT IN WHICH HE IS A CANDIDATE,  EXCLUDING
VOTERS  IN  INACTIVE STATUS, MULTIPLIED BY $.05, AND (II) IN THE CASE OF
ANY ELECTION FOR A PUBLIC OFFICE, THE PRODUCT OF  THE  TOTAL  NUMBER  OF
REGISTERED  VOTERS IN THE DISTRICT, EXCLUDING VOTERS IN INACTIVE STATUS,
MULTIPLIED BY $.05, HOWEVER IN THE CASE OF A NOMINATION WITHIN THE  CITY
OF  NEW  YORK  FOR  THE OFFICE OF MAYOR, PUBLIC ADVOCATE OR COMPTROLLER,
SUCH AMOUNT SHALL BE NOT LESS THAN FOUR THOUSAND DOLLARS NOR  MORE  THAN
TWELVE  THOUSAND DOLLARS AS INCREASED OR DECREASED BY THE COST OF LIVING
ADJUSTMENT DESCRIBED IN PARAGRAPH E OF THIS SUBDIVISION; IN THE CASE  OF
AN  ELECTION WITHIN THE CITY OF NEW YORK FOR THE OFFICE OF MAYOR, PUBLIC
ADVOCATE OR COMPTROLLER, TWENTY-FIVE THOUSAND DOLLARS  AS  INCREASED  OR
DECREASED  BY  THE COST OF LIVING ADJUSTMENT DESCRIBED IN PARAGRAPH E OF
THIS SUBDIVISION; IN THE CASE OF A  NOMINATION  OR  ELECTION  FOR  STATE
SENATOR, FIVE THOUSAND DOLLARS; IN THE CASE OF AN ELECTION OR NOMINATION
FOR  A MEMBER OF THE ASSEMBLY, THREE THOUSAND DOLLARS; PROVIDED HOWEVER,
THAT THE MAXIMUM AMOUNT WHICH MAY BE SO CONTRIBUTED OR ACCEPTED, IN  THE
AGGREGATE,  FROM ANY CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER AND
SISTER, AND THE SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED IN THE CASE
OF ANY ELECTION FOR PARTY POSITION OR NOMINATION FOR  PUBLIC  OFFICE  AN
AMOUNT  EQUIVALENT  TO  THE NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S
PARTY IN THE DISTRICT IN WHICH HE IS A CANDIDATE,  EXCLUDING  VOTERS  IN
INACTIVE  STATUS,  MULTIPLIED BY $.25 AND IN THE CASE OF ANY ELECTION TO
PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE NUMBER OF  REGISTERED  VOTERS
IN  THE  DISTRICT,  EXCLUDING  VOTERS  IN INACTIVE STATUS, MULTIPLIED BY
$.25; OR TWELVE HUNDRED FIFTY DOLLARS, WHICHEVER IS GREATER, OR  IN  THE
CASE  OF  A  NOMINATION  OR ELECTION OF A STATE SENATOR, TWENTY THOUSAND
DOLLARS, WHICHEVER IS GREATER,  OR  IN  THE  CASE  OF  A  NOMINATION  OR
ELECTION  OF  A  MEMBER  OF  THE  ASSEMBLY  TWELVE THOUSAND FIVE HUNDRED

S. 6355--B                         41                         A. 8555--B

DOLLARS, WHICHEVER IS GREATER, BUT IN NO EVENT SHALL  ANY  SUCH  MAXIMUM
EXCEED ONE HUNDRED THOUSAND DOLLARS.
  E. At the beginning of each fourth calendar year, commencing in [nine-
teen hundred ninety-five] TWO THOUSAND TWENTY-ONE, the state board shall
determine  the  percentage  of  the  difference  between the most recent
available monthly consumer price index for all urban consumers published
by the United States bureau of labor statistics and such consumer  price
index  published for the same month four years previously. The amount of
each contribution limit fixed AND EXPRESSLY IDENTIFIED FOR ADJUSTMENT in
this subdivision shall be adjusted by  the  amount  of  such  percentage
difference  to the closest one hundred dollars by the state board which,
not later than the first day of February in each such year, shall  issue
a regulation publishing the amount of each such contribution limit. Each
contribution  limit  as  so  adjusted shall be the contribution limit in
effect for any election held before the next such adjustment.
  F. EACH PARTY OR CONSTITUTED COMMITTEE MAY TRANSFER TO,  OR  SPEND  TO
ELECT OR OPPOSE A CANDIDATE, OR TRANSFER TO ANOTHER PARTY OR CONSTITUTED
COMMITTEE,  NO MORE THAN FIVE THOUSAND DOLLARS PER ELECTION, EXCEPT THAT
SUCH COMMITTEE MAY IN ADDITION TO SUCH TRANSFERS OR EXPENDITURES:
  (I) IN A GENERAL OR SPECIAL ELECTION TRANSFER TO, OR SPEND TO ELECT OR
OPPOSE A CANDIDATE, NO MORE THAN FIVE HUNDRED DOLLARS RECEIVED FROM EACH
CONTRIBUTOR; AND
  (II) IN  ANY  ELECTION  SPEND  WITHOUT  LIMITATION  FOR  NON-CANDIDATE
EXPENDITURES NOT DESIGNED OR INTENDED TO ELECT A PARTICULAR CANDIDATE OR
CANDIDATES.
  G.  NOTWITHSTANDING  ANY  OTHER  CONTRIBUTION  LIMIT  IN THIS SECTION,
PARTICIPATING CANDIDATES AS DEFINED IN SUBDIVISION FOURTEEN  OF  SECTION
14-200-A  OF  THIS ARTICLE MAY CONTRIBUTE, OUT OF THEIR OWN MONEY, THREE
TIMES THE APPLICABLE CONTRIBUTION LIMIT TO THEIR OWN AUTHORIZED  COMMIT-
TEE.
  10.  [a.] No contributor may make a contribution to a party or consti-
tuted committee and no such committee may accept a contribution from any
contributor which, in the aggregate, is greater than [sixty-two thousand
five hundred] TWENTY-FIVE THOUSAND dollars per annum.
  [b. At the beginning of each fourth calendar year, commencing in nine-
teen hundred ninety-five, the state board shall determine the percentage
of the difference between the most  recent  available  monthly  consumer
price  index  for  all  urban  consumers  published by the United States
bureau of labor statistics and such consumer price index  published  for
the  same  month  four years previously. The amount of such contribution
limit fixed in paragraph a of this subdivision shall be adjusted by  the
amount  of such percentage difference to the closest one hundred dollars
by the state board which, not later than the first day  of  February  in
each  such  year, shall issue a regulation publishing the amount of such
contribution limit. Such contribution limit as so adjusted shall be  the
contribution  limit in effect for any election held before the next such
adjustment.]
  S 5. Section 14-116 of the election law, subdivision 1 as redesignated
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 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 organization, or for,

S. 6355--B                         42                         A. 8555--B

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  may  make  expenditures,  including  contrib-
utions,  not  otherwise prohibited by law, for political purposes, in an
amount not to exceed [five] ONE 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  6.  Section  14-130 of the election law, as added by chapter 152 of
the laws of 1985, is amended to read as follows:
  S 14-130. Campaign funds for personal use.  1. Contributions  received
by  a  candidate or a political committee may be expended for any lawful
purpose THAT IS DIRECTLY RELATED TO PROMOTING THE NOMINATION OR ELECTION
OF A CANDIDATE OR THE EXECUTION OF DUTIES ASSOCIATED WITH THE HOLDING OF
A PUBLIC OFFICE OR PARTY POSITION.  Such funds shall not be converted by
any person to a personal use [which is unrelated to a political campaign
or the holding of a public office or party position].
  2. NO CONTRIBUTION SHALL BE USED TO PAY INTEREST OR ANY OTHER  FINANCE
CHARGES  UPON  MONIES  LOANED  TO  THE CAMPAIGN BY SUCH CANDIDATE OR THE
SPOUSE OF SUCH CANDIDATE.
  3. (A) AS USED IN THIS SECTION, EXPENDITURES FOR  "PERSONAL  USE"  ARE
DEFINED AS EXPENDITURES THAT ARE EXCLUSIVELY FOR THE PERSONAL BENEFIT OF
THE  CANDIDATE  OR  ANY  OTHER  INDIVIDUAL,  AND ARE USED TO FULFILL ANY
COMMITMENT, OBLIGATION, OR EXPENSE OF A PERSON THAT  WOULD  EXIST  IRRE-
SPECTIVE  OF  THE  CANDIDATE'S ELECTION CAMPAIGN OR THE EXECUTION OF THE
DUTIES OF PUBLIC OFFICE OR THE EXECUTION OF THE DUTIES OF A PARTY  OFFI-
CIAL.
  (B)  EXPENDITURES  FOR PERSONAL USE SHALL INCLUDE, BUT ARE NOT LIMITED
TO, EXPENSES FOR THE FOLLOWING:
  (I) ANY RESIDENTIAL OR  HOUSEHOLD  ITEMS,  SUPPLIES  OR  EXPENDITURES,
INCLUDING  MORTGAGE,  RENT  OR  UTILITY  PAYMENTS  FOR  ANY  PART OF ANY
PERSONAL RESIDENCE OF A CANDIDATE OR OFFICEHOLDER OR  A  MEMBER  OF  THE
CANDIDATE'S  OR  OFFICEHOLDER'S FAMILY THAT ARE NOT INCURRED AS A RESULT
OF, OR TO FACILITATE, THE INDIVIDUAL'S CAMPAIGN, OR THE EXECUTION OF HIS
OR HER PUBLIC DUTIES. IN THE EVENT THAT ANY PROPERTY OR BUILDING IS USED
FOR BOTH PERSONAL  AND  CAMPAIGN  USE,  PERSONAL  USE  SHALL  CONSTITUTE
EXPENSES  THAT  EXCEED  THE  PRO-RATED AMOUNT FOR SUCH EXPENSES BASED ON
FAIR-MARKET VALUE.
  (II) MORTGAGE, RENT, OR UTILITY PAYMENTS FOR  ANY  PART  OF  ANY  NON-
RESIDENTIAL  PROPERTY  THAT IS OWNED BY A CANDIDATE OR OFFICEHOLDER OR A
MEMBER OF A CANDIDATE'S OR OFFICEHOLDER'S FAMILY AND USED  FOR  CAMPAIGN
PURPOSES, TO THE EXTENT THE PAYMENTS EXCEED THE FAIR MARKET VALUE OF THE
PROPERTY'S USAGE FOR CAMPAIGN ACTIVITIES;
  (III) CLOTHING, OTHER THAN ITEMS THAT ARE USED IN THE CAMPAIGN;

S. 6355--B                         43                         A. 8555--B

  (IV) TUITION PAYMENTS;
  (V) CHILDCARE COSTS;
  (VI)  DUES, FEES, OR GRATUITIES AT A COUNTRY CLUB, HEALTH CLUB, RECRE-
ATIONAL FACILITY OR OTHER NONPOLITICAL  ORGANIZATION,  UNLESS  THEY  ARE
PART  OF  A SPECIFIC FUNDRAISING EVENT THAT TAKES PLACE ON THE ORGANIZA-
TION'S PREMISES;
  (VII) SALARY PAYMENTS OR OTHER COMPENSATION  PROVIDED  TO  ANY  PERSON
WHOSE  SERVICES  ARE  NOT  SOLELY  FOR  CAMPAIGN PURPOSES OR PROVIDED IN
CONNECTION WITH THE EXECUTION OF THE DUTIES OF PUBLIC OFFICE;
  (VIII) SALARY PAYMENTS OR OTHER COMPENSATION PROVIDED TO A MEMBER OF A
CANDIDATE'S FAMILY, UNLESS THE FAMILY  MEMBER  IS  PROVIDING  BONA  FIDE
SERVICES TO THE CAMPAIGN. IF A FAMILY MEMBER PROVIDES BONA FIDE SERVICES
TO  A  CAMPAIGN,  ANY SALARY PAYMENTS OR OTHER COMPENSATION IN EXCESS OF
THE FAIR MARKET VALUE OF  THE  SERVICES  PROVIDED  SHALL  BE  CONSIDERED
PAYMENTS FOR PERSONAL USE;
  (IX) ADMISSION TO A SPORTING EVENT, CONCERT, THEATER, OR OTHER FORM OF
ENTERTAINMENT,  UNLESS  SUCH EVENT IS PART OF A CAMPAIGN OR OFFICEHOLDER
ACTIVITY;
  (X) PAYMENT OF ANY FINES OR PENALTIES ASSESSED PURSUANT TO THIS  CHAP-
TER  OR IN CONNECTION WITH A CRIMINAL CONVICTION OR BY THE JOINT COMMIS-
SION FOR PUBLIC ETHICS OR THE LEGISLATIVE ETHICS COMMISSION;
  (XI) TRAVEL EXPENSES INCLUDING AUTOMOBILE PURCHASES OR LEASES,  UNLESS
USED SOLELY FOR CAMPAIGN PURPOSES OR IN CONNECTION WITH THE EXECUTION OF
THE  DUTIES  OF PUBLIC OFFICE. IF A CANDIDATE USES CAMPAIGN FUNDS TO PAY
EXPENSES ASSOCIATED WITH TRAVEL THAT INVOLVES BOTH  PERSONAL  ACTIVITIES
AND  CAMPAIGN  ACTIVITIES  OR  OFFICIAL DUTIES, THE INCREMENTAL EXPENSES
THAT RESULT  FROM  THE  PERSONAL  ACTIVITIES  SHALL  BE  CONSIDERED  FOR
PERSONAL  USE UNLESS THE PERSON OR PERSONS BENEFITING FROM THE USE REIM-
BURSE OR REIMBURSES THE CAMPAIGN ACCOUNT WITHIN NINETY DAYS FOR THE FULL
AMOUNT OF THE INCREMENTAL EXPENSES; AND
  (XII) ANY OTHER EXPENDITURE DESIGNATED BY THE STATE BOARD OF ELECTIONS
AS CONSTITUTING PERSONAL USE.
  4. NOTHING IN THIS SECTION SHALL PROHIBIT A CANDIDATE FROM  PURCHASING
EQUIPMENT  OR  PROPERTY  FROM  HIS  OR HER PERSONAL FUNDS AND LEASING OR
RENTING SUCH EQUIPMENT OR PROPERTY TO A COMMITTEE  WORKING  DIRECTLY  OR
INDIRECTLY  WITH  HIM  TO AID OR PARTICIPATE IN HIS OR HER NOMINATION OR
ELECTION, INCLUDING AN EXPLORATORY COMMITTEE, PROVIDED THAT  THE  CANDI-
DATE  AND  HIS  OR HER CAMPAIGN TREASURER SIGN A WRITTEN LEASE OR RENTAL
AGREEMENT. SUCH AGREEMENT SHALL INCLUDE THE LEASE OR RENTAL PRICE, WHICH
SHALL NOT EXCEED THE FAIR LEASE OR RENTAL VALUE OF  THE  EQUIPMENT.  THE
CANDIDATE  SHALL  NOT  RECEIVE  LEASE  OR  RENTAL PAYMENTS WHICH, IN THE
AGGREGATE, EXCEED THE COST OF PURCHASING THE EQUIPMENT OR PROPERTY.
  5. NOTHING IN THIS SECTION SHALL PROHIBIT AN  ELECTED  PUBLIC  OFFICE-
HOLDER  FROM  USING  CAMPAIGN  CONTRIBUTIONS  TO FACILITATE, SUPPORT, OR
OTHERWISE ASSIST IN THE EXECUTION OR PERFORMANCE OF THE DUTIES OF HIS OR
HER PUBLIC OFFICE.
  6. THE STATE BOARD OF ELECTIONS SHALL  ISSUE  ADVISORY  OPINIONS  FROM
TIME TO TIME UPON REQUEST TO ADDRESS THE APPLICATION OF THIS SECTION.
  S  7.  Article 14 of the election law is amended by adding a new title
II to read as follows:
                                TITLE II
                            PUBLIC FINANCING
SECTION 14-200.   LEGISLATIVE FINDINGS AND INTENT.
        14-200-A. DEFINITIONS.
        14-201.   REPORTING REQUIREMENTS.
        14-202.   CONTRIBUTIONS.

S. 6355--B                         44                         A. 8555--B

        14-203.   PROOF OF COMPLIANCE.
        14-204.   ELIGIBILITY.
        14-205.   LIMITS ON PUBLIC FINANCING.
        14-206.   PAYMENT OF PUBLIC MATCHING FUNDS.
        14-207.   USE  OF  PUBLIC  MATCHING  FUNDS;  QUALIFIED  CAMPAIGN
                    EXPENDITURES.
        14-208.   POWERS AND DUTIES OF BOARD.
        14-209.   AUDITS AND REPAYMENTS.
        14-210.   ENFORCEMENT AND PENALTIES  FOR  VIOLATIONS  AND  OTHER
                    PROCEEDINGS.
        14-211.   REPORTS.
        14-212.   DEBATES FOR CANDIDATES FOR STATEWIDE OFFICE.
        14-213.   SEVERABILITY.
  S 14-200. LEGISLATIVE FINDINGS AND INTENT.  THE LEGISLATURE FINDS THAT
REFORM OF NEW YORK STATE'S CAMPAIGN FINANCE SYSTEM IS CRUCIAL TO IMPROV-
ING PUBLIC CONFIDENCE IN THE STATE'S DEMOCRATIC PROCESSES AND CONTINUING
TO  ENSURE  A GOVERNMENT THAT IS ACCOUNTABLE TO ALL OF THE VOTERS OF THE
STATE REGARDLESS OF WEALTH OR POSITION. THE LEGISLATURE FINDS  THAT  NEW
YORK'S  CURRENT SYSTEM OF CAMPAIGN FINANCE, WITH ITS LARGE CONTRIBUTIONS
TO CANDIDATES FOR OFFICE AND PARTY COMMITTEES, HAS CREATED THE POTENTIAL
FOR AND THE APPEARANCE OF CORRUPTION.   THE  LEGISLATURE  FURTHER  FINDS
THAT,  WHETHER OR NOT THIS SYSTEM CREATES ACTUAL CORRUPTION, THE APPEAR-
ANCE OF SUCH CORRUPTION CAN GIVE RISE TO A DISTRUST  IN  GOVERNMENT  AND
CITIZEN  APATHY THAT UNDERMINE THE DEMOCRATIC OPERATION OF THE POLITICAL
PROCESS.
  THE LEGISLATURE ALSO FINDS THAT THE HIGH COST OF RUNNING FOR OFFICE IN
NEW YORK DISCOURAGES QUALIFIED CANDIDATES FROM RUNNING  FOR  OFFICE  AND
CREATES AN ELECTORAL SYSTEM THAT ENCOURAGES CANDIDATES TO SPEND TOO MUCH
TIME  RAISING MONEY RATHER THAN ATTENDING TO THE DUTIES OF THEIR OFFICE,
REPRESENTING THE NEEDS OF THEIR  CONSTITUENTS,  AND  COMMUNICATING  WITH
VOTERS.
  THE  LEGISLATURE AMENDS THIS CHAPTER CREATING A NEW TITLE TWO TO ARTI-
CLE FOURTEEN OF THIS CHAPTER TO REDUCE THE  POSSIBILITY  AND  APPEARANCE
THAT SPECIAL INTERESTS EXERCISE UNDUE INFLUENCE OVER STATE OFFICIALS; TO
INCREASE  THE ACTUAL AND APPARENT RESPONSIVENESS OF ELECTED OFFICIALS TO
ALL VOTERS; TO ENCOURAGE QUALIFIED CANDIDATES TO RUN FOR OFFICE; AND  TO
REDUCE THE PRESSURE ON CANDIDATES TO SPEND LARGE AMOUNTS OF TIME RAISING
LARGE CONTRIBUTIONS FOR THEIR CAMPAIGNS.
  THE LEGISLATURE FINDS THAT THIS ARTICLE'S LIMITATIONS ON CONTRIBUTIONS
FURTHER   THE  GOVERNMENT'S  INTEREST  IN  REDUCING  REAL  AND  APPARENT
CORRUPTION AND IN BUILDING TRUST IN GOVERNMENT.  THE  LEGISLATURE  FINDS
THAT  THE  CONTRIBUTION LEVELS ARE SUFFICIENTLY HIGH TO ALLOW CANDIDATES
AND POLITICAL PARTIES TO RAISE ENOUGH MONEY TO RUN EFFECTIVE  CAMPAIGNS.
IN  ADDITION,  THE LEGISLATURE FINDS THAT GRADUATED CONTRIBUTION LIMITA-
TIONS REFLECT THE CAMPAIGN NEEDS OF CANDIDATES FOR DIFFERENT OFFICES.
  THE LEGISLATURE ALSO FINDS THAT THE SYSTEM OF VOLUNTARY PUBLIC FINANC-
ING FURTHERS THE GOVERNMENT'S INTEREST IN ENCOURAGING  QUALIFIED  CANDI-
DATES TO RUN FOR OFFICE. THE LEGISLATURE FINDS THAT THE VOLUNTARY PUBLIC
FUNDING  PROGRAM  WILL  ENLARGE  THE  PUBLIC DEBATE AND INCREASE PARTIC-
IPATION IN THE DEMOCRATIC PROCESS. IN ADDITION,  THE  LEGISLATURE  FINDS
THAT  THE  VOLUNTARY  EXPENDITURE  LIMITATIONS AND MATCHING FUND PROGRAM
REDUCE THE BURDEN ON CANDIDATES AND OFFICEHOLDERS TO SPEND TIME  RAISING
MONEY FOR THEIR CAMPAIGNS.
  THEREFORE,  THE LEGISLATURE DECLARES THAT THESE AMENDMENTS FURTHER THE
IMPORTANT AND VALID  GOVERNMENT  INTERESTS  OF  REDUCING  VOTER  APATHY,
BUILDING  CONFIDENCE  IN GOVERNMENT, REDUCING THE REALITY AND APPEARANCE

S. 6355--B                         45                         A. 8555--B

OF CORRUPTION, AND ENCOURAGING QUALIFIED CANDIDATES TO RUN  FOR  OFFICE,
WHILE REDUCING CANDIDATES' AND OFFICEHOLDERS' FUNDRAISING BURDENS.
  S  14-200-A. DEFINITIONS.  FOR THE PURPOSES OF THIS TITLE, THE FOLLOW-
ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. THE TERM "AUTHORIZED COMMITTEE" SHALL  MEAN  THE  SINGLE  COMMITTEE
DESIGNATED  BY  A  CANDIDATE PURSUANT TO SECTION 14-201 OF THIS TITLE TO
RECEIVE CONTRIBUTIONS AND MAKE EXPENDITURES IN  SUPPORT  OF  THE  CANDI-
DATE'S CAMPAIGN.
  2. THE TERM "BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
  3.  THE  TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS APPEARS IN
SUBDIVISION NINE OF SECTION 14-100 OF THIS ARTICLE.
  4. THE TERM "CONTRIBUTOR" SHALL MEAN ANY PERSON OR ENTITY THAT MAKES A
CONTRIBUTION.
  5. THE TERM "COVERED ELECTION" SHALL MEAN  ANY  PRIMARY,  GENERAL,  OR
SPECIAL ELECTION FOR NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE
OF  GOVERNOR,  LIEUTENANT GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER,
STATE SENATOR, OR MEMBER OF THE ASSEMBLY.
  6. THE TERM "ELECTION CYCLE" SHALL MEAN THE TWO YEAR  PERIOD  STARTING
THE  DAY  AFTER  THE  LAST GENERAL ELECTION FOR CANDIDATES FOR THE STATE
LEGISLATURE AND SHALL MEAN THE FOUR YEAR PERIOD STARTING AFTER  THE  DAY
AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR STATEWIDE OFFICE.
  7.  THE TERM "EXPENDITURE" SHALL MEAN ANY GIFT, SUBSCRIPTION, ADVANCE,
PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF VALUE, OR A CONTRACT TO MAKE
ANY GIFT, SUBSCRIPTION, PAYMENT, OR DEPOSIT  OF  MONEY  OR  ANYTHING  OF
VALUE, MADE IN CONNECTION WITH THE NOMINATION FOR ELECTION, OR ELECTION,
OF  ANY  CANDIDATE.   EXPENDITURES MADE BY CONTRACT ARE DEEMED MADE WHEN
SUCH FUNDS ARE OBLIGATED.
  8. THE TERM "FUND" SHALL MEAN THE  NEW  YORK  STATE  CAMPAIGN  FINANCE
FUND.
  9.  THE TERM "IMMEDIATE FAMILY" SHALL MEAN A SPOUSE, CHILD, SIBLING OR
PARENT.
  10. THE TERM "INTERMEDIARY" SHALL  MEAN  AN  INDIVIDUAL,  CORPORATION,
PARTNERSHIP,  POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER ENTITY
WHICH BUNDLES, CAUSES TO BE DELIVERED OR OTHERWISE DELIVERS ANY CONTRIB-
UTION FROM ANOTHER PERSON OR ENTITY TO A CANDIDATE OR AUTHORIZED COMMIT-
TEE, OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL,  DELIVERY
OR  MESSENGER SERVICE.   PROVIDED, HOWEVER, THAT AN "INTERMEDIARY" SHALL
NOT INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS, CHILDREN OR SIBLINGS OF
THE PERSON MAKING SUCH CONTRIBUTION OR A STAFF MEMBER  OR  VOLUNTEER  OF
THE CAMPAIGN IDENTIFIED IN WRITING TO THE STATE BOARD OF ELECTIONS. HERE
"CAUSES  TO  BE DELIVERED" SHALL INCLUDE PROVIDING POSTAGE, ENVELOPES OR
OTHER SHIPPING MATERIALS FOR THE USE OF DELIVERING THE  CONTRIBUTION  TO
THE ULTIMATE RECIPIENT.
  11.  THE  TERM  "ITEM  WITH  SIGNIFICANT INTRINSIC AND ENDURING VALUE"
SHALL MEAN ANY ITEM, INCLUDING TICKETS TO AN EVENT, THAT ARE  VALUED  AT
TWENTY-FIVE DOLLARS OR MORE.
  12.  (A)  THE TERM "MATCHABLE CONTRIBUTION" SHALL MEAN A CONTRIBUTION,
CONTRIBUTIONS OR A PORTION OF A CONTRIBUTION OR  CONTRIBUTIONS  FOR  ANY
COVERED  ELECTIONS  HELD  IN  THE SAME ELECTION CYCLE, MADE BY A NATURAL
PERSON WHO IS A UNITED STATES CITIZEN AND RESIDENT IN THE STATE  OF  NEW
YORK TO A PARTICIPATING CANDIDATE, THAT HAS BEEN REPORTED IN FULL TO THE
BOARD  IN  ACCORDANCE WITH SECTIONS 14-102 AND 14-104 OF THIS ARTICLE BY
THE CANDIDATE'S AUTHORIZED COMMITTEE AND  HAS  BEEN  CONTRIBUTED  ON  OR
BEFORE  THE  DAY  OF  THE APPLICABLE PRIMARY, GENERAL, RUNOFF OR SPECIAL
ELECTION. ANY CONTRIBUTION, CONTRIBUTIONS, OR A PORTION  OF  A  CONTRIB-

S. 6355--B                         46                         A. 8555--B

UTION  DETERMINED  TO BE INVALID FOR MATCHING FUNDS BY THE BOARD MAY NOT
BE TREATED AS A MATCHABLE CONTRIBUTION FOR ANY PURPOSE.
  (B) THE FOLLOWING CONTRIBUTIONS ARE NOT MATCHABLE:
  (I) LOANS;
  (II) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;
  (III) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM
WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
  (IV) TRANSFERS FROM A PARTY OR CONSTITUTED COMMITTEE;
  (V) ANONYMOUS CONTRIBUTIONS OR CONTRIBUTIONS WHOSE SOURCE IS NOT ITEM-
IZED AS REQUIRED BY SECTION 14-201 OF THIS TITLE;
  (VI) CONTRIBUTIONS GATHERED DURING A PREVIOUS ELECTION CYCLE;
  (VII) ILLEGAL CONTRIBUTIONS;
  (VIII) CONTRIBUTIONS FROM MINORS;
  (IX) CONTRIBUTIONS FROM VENDORS FOR CAMPAIGNS; AND
  (X)  CONTRIBUTIONS  FROM  LOBBYISTS REGISTERED PURSUANT TO SUBDIVISION
(A) OF SECTION ONE-C OF THE LEGISLATIVE LAW.
  13. THE TERM "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR A
COVERED ELECTION WHO FAILS TO FILE A WRITTEN CERTIFICATION IN  THE  FORM
OF  AN  AFFIDAVIT  UNDER  SECTION 14-204 OF THIS TITLE BY THE APPLICABLE
DEADLINE.
  14. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN  ANY  CANDIDATE  FOR
NOMINATION  FOR  ELECTION, OR ELECTION, TO THE OFFICE OF GOVERNOR, LIEU-
TENANT GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER, STATE SENATOR,  OR
MEMBER  OF THE ASSEMBLY WHO FILES A WRITTEN CERTIFICATION IN THE FORM OF
AN AFFIDAVIT PURSUANT TO SECTION 14-204 OF THIS TITLE.
  15. THE TERM "POST-ELECTION PERIOD" SHALL MEAN THE FIVE YEARS  FOLLOW-
ING AN ELECTION WHEN A CANDIDATE IS SUBJECT TO AN AUDIT.
  16.  THE  TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDI-
TURE FOR WHICH PUBLIC MATCHING FUNDS MAY BE USED.
  17. THE TERM "THRESHOLD FOR ELIGIBILITY"  SHALL  MEAN  THE  AMOUNT  OF
MATCHABLE  CONTRIBUTIONS  THAT  A  CANDIDATE'S AUTHORIZED COMMITTEE MUST
RECEIVE IN TOTAL IN ORDER FOR SUCH CANDIDATE TO  QUALIFY  FOR  VOLUNTARY
PUBLIC FINANCING UNDER THIS TITLE.
  18.  THE  TERM  "TRANSFER"  SHALL MEAN ANY EXCHANGE OF FUNDS BETWEEN A
PARTY OR CONSTITUTED COMMITTEE AND A CANDIDATE OR  ANY  OF  HIS  OR  HER
AUTHORIZED COMMITTEES.
  S  14-201.  REPORTING REQUIREMENTS.   1. POLITICAL COMMITTEE REGISTRA-
TION. POLITICAL COMMITTEES AS DEFINED PURSUANT  TO  SUBDIVISION  ONE  OF
SECTION  14-100  OF  THIS  ARTICLE  SHALL REGISTER WITH THE BOARD BEFORE
MAKING ANY CONTRIBUTION OR EXPENDITURE.  THE BOARD SHALL PUBLISH A CUMU-
LATIVE LIST OF POLITICAL COMMITTEES THAT HAVE REGISTERED,  INCLUDING  ON
ITS WEBPAGE, AND REGULARLY UPDATE IT.
  2.  ONLY  ONE  AUTHORIZED  COMMITTEE PER CANDIDATE PER ELECTIVE OFFICE
SOUGHT.  BEFORE RECEIVING ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR
A COVERED ELECTION, EACH CANDIDATE SHALL NOTIFY  THE  BOARD  AS  TO  THE
EXISTENCE  OF  HIS OR HER AUTHORIZED COMMITTEE THAT HAS BEEN APPROVED BY
SUCH CANDIDATE. EACH CANDIDATE SHALL HAVE ONE AND  ONLY  ONE  AUTHORIZED
COMMITTEE  PER  ELECTIVE  OFFICE SOUGHT. EACH AUTHORIZED COMMITTEE SHALL
HAVE A TREASURER AND IS SUBJECT TO THE  RESTRICTIONS  FOUND  IN  SECTION
14-112 OF THIS ARTICLE.
  3.  DISCLOSURE  REPORTS.   (A) DETAILED REPORTING. IN ADDITION TO EACH
AUTHORIZED AND POLITICAL COMMITTEE REPORTING TO THE BOARD EVERY CONTRIB-
UTION AND LOAN RECEIVED AND EVERY  EXPENDITURE  MADE  IN  THE  TIME  AND
MANNER PRESCRIBED BY SECTIONS 14-102, 14-104 AND 14-108 OF THIS ARTICLE,
EACH  AUTHORIZED  AND  POLITICAL  COMMITTEE SHALL ALSO SUBMIT DISCLOSURE
REPORTS ON MARCH FIFTEENTH AND  MAY  FIFTEENTH  OF  EACH  ELECTION  YEAR

S. 6355--B                         47                         A. 8555--B

REPORTING  TO  THE  BOARD EVERY CONTRIBUTION AND LOAN RECEIVED AND EVERY
EXPENDITURE MADE.   FOR CONTRIBUTORS  WHO  MAKE  CONTRIBUTIONS  OF  FIVE
HUNDRED  DOLLARS  OR MORE, EACH AUTHORIZED AND POLITICAL COMMITTEE SHALL
REPORT  TO  THE  BOARD  THE  OCCUPATION,  AND  BUSINESS  ADDRESS OF EACH
CONTRIBUTOR, LENDER, AND INTERMEDIARY. THE BOARD SHALL  REVISE,  PREPARE
AND  POST  FORMS  ON  ITS  WEBPAGE  THAT  FACILITATE COMPLIANCE WITH THE
REQUIREMENTS OF THIS SECTION.
  (B) BOARD REVIEW. THE BOARD'S PUBLIC FINANCING UNIT SHALL REVIEW  EACH
DISCLOSURE  REPORT  FILED  AND  SHALL  INFORM  AUTHORIZED  AND POLITICAL
COMMITTEES OF RELEVANT QUESTIONS THE UNIT HAS CONCERNING: (I) COMPLIANCE
WITH REQUIREMENTS OF THIS TITLE AND OF THE RULES ISSUED  BY  THE  BOARD;
AND  (II)  QUALIFICATION FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO
THIS TITLE. IN THE COURSE OF THIS REVIEW, THE UNIT SHALL GIVE AUTHORIZED
AND POLITICAL COMMITTEES AN OPPORTUNITY TO RESPOND TO AND CORRECT POTEN-
TIAL VIOLATIONS AND GIVE CANDIDATES AN OPPORTUNITY TO ADDRESS  QUESTIONS
THE  UNIT  HAS  CONCERNING  THEIR MATCHABLE CONTRIBUTION CLAIMS OR OTHER
ISSUES CONCERNING ELIGIBILITY FOR RECEIVING PUBLIC MATCHING FUNDS PURSU-
ANT TO THIS TITLE. NOTHING IN THIS PARAGRAPH SHALL PRECLUDE THE UNIT  OR
THE BOARD FROM SUBSEQUENTLY REVIEWING SUCH DISCLOSURE REPORTS AND TAKING
ANY ACTION OTHERWISE AUTHORIZED UNDER THIS TITLE.
  (C)  ITEMIZATION. CONTRIBUTIONS THAT ARE NOT ITEMIZED IN REPORTS FILED
WITH THE BOARD SHALL NOT BE MATCHABLE.
  (D) OPTION TO FILE MORE FREQUENTLY. PARTICIPATING CANDIDATES MAY  FILE
REPORTS OF CONTRIBUTIONS AS FREQUENTLY AS ONCE A WEEK ON FRIDAYS SO THAT
THEIR MATCHING FUNDS MAY BE PAID AT THE EARLIEST ALLOWABLE DATE.
  S  14-202. CONTRIBUTIONS.   RECIPIENTS OF FUNDS PURSUANT TO THIS TITLE
SHALL BE SUBJECT TO THE APPLICABLE  CONTRIBUTION  LIMITS  SET  FORTH  IN
SECTION 14-114 OF THIS ARTICLE.
  S  14-203.  PROOF OF COMPLIANCE.   AUTHORIZED AND POLITICAL COMMITTEES
SHALL MAINTAIN SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR  A  COVERED
ELECTION  AS REQUIRED BY THE BOARD.  AUTHORIZED AND POLITICAL COMMITTEES
SHALL OBTAIN AND FURNISH TO THE PUBLIC FINANCING UNIT ANY INFORMATION IT
MAY REQUEST RELATING TO  FINANCIAL  TRANSACTIONS  OR  CONTRIBUTIONS  AND
FURNISH SUCH DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS TITLE
AS  MAY BE REQUESTED. IN COMPLIANCE WITH SECTION 14-108 OF THIS ARTICLE,
AUTHORIZED AND  POLITICAL  COMMITTEES  SHALL  MAINTAIN  COPIES  OF  SUCH
RECORDS FOR A PERIOD OF FIVE YEARS.
  S  14-204.  ELIGIBILITY.   1. TERMS AND CONDITIONS. TO BE ELIGIBLE FOR
VOLUNTARY PUBLIC FINANCING UNDER THIS TITLE, A CANDIDATE MUST:
  (A) BE A CANDIDATE IN A COVERED ELECTION;
  (B) MEET ALL THE REQUIREMENTS OF LAW TO HAVE HIS OR HER  NAME  ON  THE
BALLOT;
  (C)  IN  THE CASE OF A COVERED GENERAL OR SPECIAL ELECTION, BE OPPOSED
BY ANOTHER CANDIDATE ON THE BALLOT WHO IS NOT A WRITE-IN CANDIDATE;
  (D) SUBMIT A CERTIFICATION IN THE FORM OF AN AFFIDAVIT, IN  SUCH  FORM
AS MAY BE PRESCRIBED BY THE BOARD, THAT SETS FORTH HIS OR HER ACCEPTANCE
OF  AND  AGREEMENT  TO  COMPLY  WITH  THE  TERMS  AND CONDITIONS FOR THE
PROVISION OF SUCH FUNDS IN EACH COVERED ELECTION AND SUCH  CERTIFICATION
SHALL  BE SUBMITTED AT LEAST FOUR MONTHS BEFORE THE ELECTION PURSUANT TO
A SCHEDULE PROMULGATED BY THE PUBLIC FINANCING UNIT OF THE BOARD;
  (E) BE CERTIFIED AS A PARTICIPATING CANDIDATE BY THE BOARD;
  (F) NOT MAKE, AND NOT HAVE MADE, EXPENDITURES FROM OR USE HIS  OR  HER
PERSONAL  FUNDS  OR  PROPERTY  OR THE PERSONAL FUNDS OR PROPERTY JOINTLY
HELD WITH HIS OR HER SPOUSE, OR  UNEMANCIPATED  CHILDREN  IN  CONNECTION
WITH  HIS  OR  HER  NOMINATION  ELECTION OR ELECTION TO A COVERED OFFICE
EXCEPT AS A CONTRIBUTION TO HIS OR HER AUTHORIZED COMMITTEE IN AN AMOUNT

S. 6355--B                         48                         A. 8555--B

THAT EXCEEDS THREE TIMES THE APPLICABLE CONTRIBUTION LIMIT FROM AN INDI-
VIDUAL CONTRIBUTOR TO CANDIDATES FOR THE OFFICE THAT HE OR SHE IS  SEEK-
ING;
  (G) MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION TWO OF
THIS SECTION; AND
  (H)  CONTINUE  TO  ABIDE  BY ALL REQUIREMENTS DURING THE POST-ELECTION
PERIOD.
  2. THRESHOLD FOR ELIGIBILITY. (A) THE THRESHOLD  FOR  ELIGIBILITY  FOR
PUBLIC FUNDING FOR PARTICIPATING CANDIDATES SHALL BE IN THE CASE OF:
  (I)  GOVERNOR,  NOT  LESS  THAN  SIX HUNDRED FIFTY THOUSAND DOLLARS IN
MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST  SIX  THOUSAND  FIVE  HUNDRED
MATCHABLE  CONTRIBUTIONS  COMPRISED  OF SUMS BETWEEN TEN AND ONE HUNDRED
SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF NEW YORK STATE;
  (II) LIEUTENANT GOVERNOR, ATTORNEY GENERAL, AND COMPTROLLER, NOT  LESS
THAN  TWO  HUNDRED THOUSAND DOLLARS IN MATCHABLE CONTRIBUTIONS INCLUDING
AT LEAST TWO THOUSAND MATCHABLE CONTRIBUTIONS COMPRISED OF SUMS  BETWEEN
TEN AND ONE HUNDRED SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS
OF NEW YORK STATE;
  (III)  STATE SENATOR, NOT LESS THAN TWENTY THOUSAND DOLLARS IN MATCHA-
BLE CONTRIBUTIONS INCLUDING AT LEAST TWO HUNDRED MATCHABLE CONTRIBUTIONS
COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE  DOLLARS  PER
CONTRIBUTOR,  FROM  RESIDENTS OF THE DISTRICT IN WHICH THE SEAT IS TO BE
FILLED; AND
  (IV) MEMBER OF THE ASSEMBLY, NOT LESS THAN  TEN  THOUSAND  DOLLARS  IN
MATCHABLE   CONTRIBUTIONS  INCLUDING  AT  LEAST  ONE  HUNDRED  MATCHABLE
CONTRIBUTIONS COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE
DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF THE  DISTRICT  IN  WHICH  THE
SEAT IS TO BE FILLED.
  (B)  ANY PARTICIPATING CANDIDATE MEETING THE THRESHOLD FOR ELIGIBILITY
IN A PRIMARY ELECTION FOR ONE OF THE FOREGOING OFFICES SHALL  BE  DEEMED
TO  HAVE  MET THE THRESHOLD FOR ELIGIBILITY FOR SUCH OFFICE IN ANY OTHER
SUBSEQUENT ELECTION HELD IN THE SAME CALENDAR YEAR.
  S 14-205. LIMITS ON PUBLIC FINANCING. THE FOLLOWING LIMITATIONS  APPLY
TO  THE  TOTAL AMOUNTS OF PUBLIC FUNDS THAT MAY BE PROVIDED TO A PARTIC-
IPATING CANDIDATE'S AUTHORIZED COMMITTEE FOR AN ELECTION CYCLE:
  1. IN ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS  BY  PARTICIPATING
CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
  (I) FOR GOVERNOR, THE SUM OF EIGHT MILLION DOLLARS;
  (II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
OF FOUR MILLION DOLLARS;
  (III)  FOR  SENATOR,  THE  SUM  OF THREE HUNDRED SEVENTY-FIVE THOUSAND
DOLLARS;
  (IV) FOR MEMBER OF THE ASSEMBLY, THE SUM OF ONE  HUNDRED  SEVENTY-FIVE
THOUSAND DOLLARS.
  2.  IN  ANY  GENERAL OR SPECIAL ELECTION, RECEIPT OF PUBLIC FUNDS BY A
PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEES  SHALL  NOT  EXCEED  THE
FOLLOWING AMOUNTS:
  CANDIDATES FOR ELECTION TO THE OFFICE OF:
  GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED)                $10,000,000
  ATTORNEY GENERAL                                           $4,000,000
  COMPTROLLER                                                $4,000,000
  MEMBER OF SENATE                                           $375,000
  MEMBER OF ASSEMBLY                                         $175,000
  3.  NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS NOT
OPPOSED BY A CANDIDATE ON THE BALLOT IN  A  PRIMARY  ELECTION  SHALL  BE
ENTITLED  TO  PAYMENT OF PUBLIC MATCHING FUNDS, EXCEPT THAT, WHERE THERE

S. 6355--B                         49                         A. 8555--B

IS A CONTEST IN SUCH PRIMARY ELECTION FOR THE NOMINATION OF AT LEAST ONE
OF THE TWO POLITICAL PARTIES WITH THE HIGHEST AND SECOND HIGHEST  NUMBER
OF  ENROLLED  MEMBERS  FOR SUCH OFFICE, A PARTICIPATING CANDIDATE WHO IS
UNOPPOSED  IN  THE  PRIMARY ELECTION MAY RECEIVE PUBLIC FUNDS BEFORE THE
PRIMARY ELECTION, FOR EXPENSES INCURRED ON OR BEFORE THE  DATE  OF  SUCH
PRIMARY  ELECTION, IN AN AMOUNT EQUAL TO UP TO HALF THE SUM SET FORTH IN
PARAGRAPH ONE OF THIS SECTION.
  S 14-206. PAYMENT OF PUBLIC MATCHING FUNDS. 1. DETERMINATION OF ELIGI-
BILITY. NO PUBLIC MATCHING FUNDS SHALL BE PAID TO AN AUTHORIZED  COMMIT-
TEE  UNLESS  THE PUBLIC FINANCING UNIT DETERMINES THAT THE PARTICIPATING
CANDIDATE HAS MET THE ELIGIBILITY REQUIREMENTS OF  THIS  TITLE.  PAYMENT
SHALL  NOT  EXCEED  THE  AMOUNTS  SPECIFIED  IN  SUBDIVISION TWO OF THIS
SECTION, AND SHALL BE MADE ONLY IN ACCORDANCE  WITH  THE  PROVISIONS  OF
THIS  TITLE.  SUCH  PAYMENT MAY BE MADE ONLY TO THE PARTICIPATING CANDI-
DATE'S AUTHORIZED COMMITTEE. NO PUBLIC  MATCHING  FUNDS  SHALL  BE  USED
EXCEPT  AS  REIMBURSEMENT OR PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES
ACTUALLY AND LAWFULLY INCURRED OR TO REPAY LOANS USED TO  PAY  QUALIFIED
CAMPAIGN EXPENDITURES.
  2.  CALCULATION  OF  PAYMENT. IF THE THRESHOLD FOR ELIGIBILITY IS MET,
THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE SHALL RECEIVE PAYMENT
FOR QUALIFIED CAMPAIGN EXPENDITURES OF SIX DOLLARS  OF  PUBLIC  MATCHING
FUNDS  FOR EACH ONE DOLLAR OF MATCHABLE CONTRIBUTIONS, FOR THE FIRST ONE
HUNDRED SEVENTY-FIVE DOLLARS OF ELIGIBLE PRIVATE FUNDS PER  CONTRIBUTOR,
OBTAINED  AND REPORTED TO THE BOARD IN ACCORDANCE WITH THE PROVISIONS OF
THIS TITLE. THE MAXIMUM PAYMENT OF PUBLIC MATCHING FUNDS SHALL BE LIMIT-
ED TO THE AMOUNTS SET FORTH IN SECTION 14-205  OF  THIS  TITLE  FOR  THE
COVERED ELECTION.
  3. TIMING OF PAYMENT. THE PUBLIC FINANCING UNIT SHALL MAKE ANY PAYMENT
OF PUBLIC MATCHING FUNDS TO PARTICIPATING CANDIDATES AS SOON AS IS PRAC-
TICABLE. BUT IN ALL CASES, THAT UNIT SHALL VERIFY ELIGIBILITY FOR PUBLIC
MATCHING  FUNDS  WITHIN  FOUR  DAYS OF RECEIVING A CAMPAIGN CONTRIBUTION
REPORT FILED IN COMPLIANCE WITH SECTION 14-104 OF THIS  ARTICLE.  WITHIN
TWO  DAYS OF DETERMINING THAT A CANDIDATE FOR A COVERED OFFICE IS ELIGI-
BLE FOR PUBLIC MATCHING FUNDS, THE UNIT SHALL PAY THE APPLICABLE  MATCH-
ING  FUNDS  OWED  TO THE CANDIDATE. HOWEVER, THE UNIT SHALL NOT MAKE ANY
PAYMENTS OF PUBLIC MONEY EARLIER THAN THE EARLIEST DATES FOR MAKING SUCH
PAYMENTS AS PROVIDED BY THIS TITLE.   IF  ANY  OF  SUCH  PAYMENTS  WOULD
REQUIRE  PAYMENT  ON A WEEKEND OR FEDERAL HOLIDAY, PAYMENT SHALL BE MADE
ON THE NEXT BUSINESS DAY.
  4. ELECTRONIC FUNDS TRANSFER. THE  BOARD  SHALL  PROMULGATE  RULES  TO
FACILITATE  ELECTRONIC  FUNDS  TRANSFERS  DIRECTLY FROM THE FUND INTO AN
AUTHORIZED COMMITTEE'S BANK ACCOUNT.
  5.  IRREGULARLY  SCHEDULED  ELECTIONS.   NOTWITHSTANDING   ANY   OTHER
PROVISION OF THIS TITLE, THE BOARD SHALL PROMULGATE RULES TO PROVIDE FOR
THE  PROMPT  ISSUANCE OF PUBLIC MATCHING FUNDS TO ELIGIBLE PARTICIPATING
CANDIDATES FOR QUALIFIED CAMPAIGN EXPENDITURES IN THE CASE OF ANY  OTHER
COVERED ELECTION HELD ON A DAY DIFFERENT FROM THAT THAN ORIGINALLY SCHE-
DULED  INCLUDING SPECIAL ELECTIONS. BUT IN ALL CASES, THE PUBLIC FINANC-
ING UNIT SHALL (A) WITHIN FOUR DAYS OF RECEIVING A  REPORT  OF  CONTRIB-
UTIONS  FROM  A  CANDIDATE FOR A COVERED OFFICE CLAIMING ELIGIBILITY FOR
PUBLIC MATCHING FUNDS VERIFY THAT  CANDIDATE'S  ELIGIBILITY  FOR  PUBLIC
MATCHING  FUNDS;  AND (B) WITHIN TWO DAYS OF DETERMINING THAT THE CANDI-
DATE FOR A COVERED OFFICE IS ELIGIBLE FOR  PUBLIC  MATCHING  FUNDS,  THE
UNIT SHALL PAY THE APPLICABLE MATCHING FUNDS OWED TO THE CANDIDATE.
  S  14-207.  USE  OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN EXPENDI-
TURES.  1. PUBLIC MATCHING FUNDS PROVIDED UNDER THE PROVISIONS  OF  THIS

S. 6355--B                         50                         A. 8555--B

TITLE  MAY  BE  USED ONLY BY AN AUTHORIZED COMMITTEE FOR EXPENDITURES TO
FURTHER  THE  PARTICIPATING  CANDIDATE'S  NOMINATION  FOR  ELECTION   OR
ELECTION,  INCLUDING  PAYING FOR DEBTS INCURRED WITHIN ONE YEAR PRIOR TO
AN  ELECTION  TO  FURTHER  THE  PARTICIPATING CANDIDATE'S NOMINATION FOR
ELECTION OR ELECTION.
  2. SUCH PUBLIC MATCHING FUNDS MAY NOT BE USED FOR:
  (A) AN EXPENDITURE IN VIOLATION OF ANY LAW;
  (B) AN EXPENDITURE IN EXCESS OF THE FAIR  MARKET  VALUE  OF  SERVICES,
MATERIALS, FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
  (C) AN EXPENDITURE MADE AFTER THE CANDIDATE HAS BEEN FINALLY DISQUALI-
FIED FROM THE BALLOT;
  (D)  AN  EXPENDITURE  MADE  AFTER  THE  ONLY REMAINING OPPONENT OF THE
CANDIDATE HAS BEEN FINALLY DISQUALIFIED  FROM  THE  GENERAL  OR  SPECIAL
ELECTION BALLOT;
  (E) AN EXPENDITURE MADE BY CASH PAYMENT;
  (F)  A  CONTRIBUTION  OR  LOAN  OR  TRANSFER MADE TO OR EXPENDITURE TO
SUPPORT ANOTHER CANDIDATE OR POLITICAL COMMITTEE OR PARTY, COMMITTEE  OR
CONSTITUTED COMMITTEE;
  (G)  AN  EXPENDITURE  TO  SUPPORT  OR OPPOSE A CANDIDATE FOR AN OFFICE
OTHER THAN THAT WHICH THE PARTICIPATING CANDIDATE SEEKS;
  (H) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED CAMPAIGN
MATERIAL;
  (I) LEGAL FEES TO DEFEND AGAINST A CRIMINAL CHARGE;
  (J) PAYMENTS TO IMMEDIATE FAMILY MEMBERS OF THE  PARTICIPATING  CANDI-
DATE; OR
  (K)  ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION,  ACCEPTANCE,
AUTHORIZATION, DECLINATION OR SUBSTITUTION.
  S 14-208. POWERS AND DUTIES OF BOARD.  1. ADVISORY OPINIONS. THE BOARD
SHALL  RENDER  ADVISORY OPINIONS WITH RESPECT TO QUESTIONS ARISING UNDER
THIS TITLE UPON THE WRITTEN REQUEST OF A  CANDIDATE,  AN  OFFICER  OF  A
POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITIATIVE.
THE  BOARD  SHALL PROMULGATE RULES REGARDING REASONABLE TIMES TO RESPOND
TO SUCH REQUESTS. THE BOARD SHALL MAKE PUBLIC THE QUESTIONS OF INTERPRE-
TATION FOR WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE  BOARD  AND
ITS  ADVISORY  OPINIONS,  INCLUDING  BY  PUBLICATION ON ITS WEBPAGE WITH
IDENTIFYING INFORMATION REDACTED AS THE BOARD DETERMINES TO BE APPROPRI-
ATE.
  2. PUBLIC INFORMATION AND CANDIDATE EDUCATION. THE BOARD SHALL DEVELOP
A PROGRAM FOR INFORMING CANDIDATES AND THE PUBLIC AS TO THE PURPOSE  AND
EFFECT OF THE PROVISIONS OF THIS TITLE, INCLUDING BY MEANS OF A WEBPAGE.
THE BOARD SHALL PREPARE IN PLAIN LANGUAGE AND MAKE AVAILABLE EDUCATIONAL
MATERIALS,  INCLUDING  COMPLIANCE MANUALS AND SUMMARIES AND EXPLANATIONS
OF THE PURPOSES AND PROVISIONS OF THIS TITLE. THE BOARD SHALL PREPARE OR
HAVE PREPARED AND MAKE AVAILABLE MATERIALS,  INCLUDING,  TO  THE  EXTENT
FEASIBLE,  COMPUTER  SOFTWARE, TO FACILITATE THE TASK OF COMPLIANCE WITH
THE DISCLOSURE AND RECORD-KEEPING REQUIREMENTS OF THIS TITLE.
  3. RULES AND REGULATIONS.  THE  BOARD  SHALL  HAVE  THE  AUTHORITY  TO
PROMULGATE SUCH RULES AND REGULATIONS AND PROVIDE SUCH FORMS AS IT DEEMS
NECESSARY FOR THE ADMINISTRATION OF THIS TITLE.
  4.  DATABASE.  THE  BOARD  SHALL  DEVELOP  AN  INTERACTIVE, SEARCHABLE
COMPUTER DATABASE THAT SHALL CONTAIN ALL INFORMATION NECESSARY  FOR  THE
PROPER  ADMINISTRATION  OF  THIS TITLE INCLUDING INFORMATION ON CONTRIB-
UTIONS TO AND EXPENDITURES BY CANDIDATES AND THEIR AUTHORIZED COMMITTEE,
INDEPENDENT EXPENDITURES IN SUPPORT  OR  OPPOSITION  OF  CANDIDATES  FOR

S. 6355--B                         51                         A. 8555--B

COVERED  OFFICES,  AND DISTRIBUTIONS OF MONEYS FROM THE FUND. SUCH DATA-
BASE SHALL BE ACCESSIBLE TO THE PUBLIC ON THE BOARD'S WEBPAGE.
  5.  THE  BOARD'S PUBLIC FINANCING UNIT SHALL WORK WITH THE ENFORCEMENT
UNIT TO ENFORCE THIS SECTION.
  S 14-209. AUDITS AND REPAYMENTS.  1. AUDITS. THE BOARD SHALL AUDIT AND
EXAMINE ALL MATTERS RELATING TO THE PROPER ADMINISTRATION OF THIS  TITLE
AND SHALL COMPLETE SUCH AUDIT NO LATER THAN TWO YEARS AFTER THE ELECTION
IN QUESTION.  EVERY CANDIDATE WHO RECEIVES PUBLIC FUNDS UNDER THIS TITLE
SHALL  BE  AUDITED BY THE BOARD. THE COST OF COMPLYING WITH A POST-ELEC-
TION AUDIT SHALL BE BORNE BY THE CANDIDATE'S AUTHORIZED COMMITTEE  USING
PUBLIC  FUNDS,  PRIVATE  FUNDS OR ANY COMBINATION OF SUCH FUNDS.  CANDI-
DATES WHO RUN IN BOTH A PRIMARY AND GENERAL  ELECTION  MUST  MAINTAIN  A
RESERVE OF THREE PERCENT OF THE PUBLIC FUNDS RECEIVED TO COMPLY WITH THE
POST-ELECTION  AUDIT.   THE BOARD SHALL ISSUE TO EACH CAMPAIGN AUDITED A
FINAL AUDIT REPORT THAT DETAILS ITS FINDINGS.
  2. REPAYMENTS. (A) IF THE BOARD DETERMINES THAT  ANY  PORTION  OF  THE
PAYMENT  MADE TO A CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS IN
EXCESS OF THE AGGREGATE AMOUNT  OF  PAYMENTS  THAT  SUCH  CANDIDATE  WAS
ELIGIBLE TO RECEIVE PURSUANT TO THIS TITLE, IT SHALL NOTIFY SUCH COMMIT-
TEE  AND  SUCH  COMMITTEE  SHALL PAY TO THE BOARD AN AMOUNT EQUAL TO THE
AMOUNT OF EXCESS PAYMENTS. PROVIDED,  HOWEVER,  THAT  IF  THE  ERRONEOUS
PAYMENT  WAS  THE  RESULT  OF  AN ERROR BY THE BOARD, THEN THE ERRONEOUS
PAYMENT WILL BE DEDUCTED FROM ANY FUTURE PAYMENT,  IF  ANY,  AND  IF  NO
PAYMENT IS TO BE MADE THEN NEITHER THE CANDIDATE NOR THE COMMITTEE SHALL
BE  LIABLE  TO  REPAY THE EXCESS AMOUNT TO THE BOARD. THE CANDIDATE, THE
TREASURER AND THE  CANDIDATE'S  AUTHORIZED  COMMITTEE  ARE  JOINTLY  AND
SEVERABLY LIABLE FOR ANY REPAYMENTS TO THE BOARD.
  (B)  IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO A
CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND  WAS  USED  FOR  PURPOSES
OTHER  THAN  QUALIFIED  CAMPAIGN EXPENDITURES AND SUCH EXPENDITURES WERE
NOT APPROVED BY THE BOARD, IT SHALL NOTIFY SUCH COMMITTEE OF THE  AMOUNT
SO  DISQUALIFIED  AND  SUCH  COMMITTEE  SHALL PAY TO THE BOARD AN AMOUNT
EQUAL TO SUCH DISQUALIFIED AMOUNT. THE CANDIDATE, THE TREASURER AND  THE
CANDIDATE'S  AUTHORIZED  COMMITTEE  ARE JOINTLY AND SEVERABLY LIABLE FOR
ANY REPAYMENTS TO THE BOARD.
  (C) IF THE TOTAL OF PAYMENTS FROM THE FUND RECEIVED BY A PARTICIPATING
CANDIDATE AND HIS OR HER AUTHORIZED COMMITTEE EXCEED THE TOTAL  CAMPAIGN
EXPENDITURES  OF SUCH CANDIDATE AND AUTHORIZED COMMITTEE FOR ALL COVERED
ELECTIONS HELD IN THE SAME CALENDAR YEAR OR FOR A  SPECIAL  ELECTION  TO
FILL A VACANCY, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS FUNDS
TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH AUTHORIZED COMMITTEE
FROM  THE  FUND  DURING SUCH CALENDAR YEAR OR FOR SUCH SPECIAL ELECTION.
PARTICIPATING CANDIDATES SHALL PAY TO THE BOARD UNSPENT PUBLIC  CAMPAIGN
FUNDS  FROM  AN  ELECTION  NOT  LATER  THAN  TWENTY-SEVEN DAYS AFTER ALL
LIABILITIES FOR THE ELECTION HAVE BEEN PAID AND IN ANY EVENT, NOT  LATER
THAN  THE  DAY  ON WHICH THE BOARD ISSUES ITS FINAL AUDIT REPORT FOR THE
PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE; PROVIDED, HOWEVER,  THAT
ALL UNSPENT PUBLIC CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE SHALL BE
IMMEDIATELY  DUE  AND  PAYABLE  TO THE BOARD UPON A DETERMINATION BY THE
BOARD THAT THE  PARTICIPANT  HAS  DELAYED  THE  POST-ELECTION  AUDIT.  A
PARTICIPATING  CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES WITH PUBLIC
FUNDS ONLY FOR ROUTINE ACTIVITIES INVOLVING NOMINAL COST ASSOCIATED WITH
WINDING UP A CAMPAIGN AND RESPONDING TO THE POST-ELECTION AUDIT.   NOTH-
ING  IN  THIS  TITLE SHALL BE CONSTRUED TO PREVENT A CANDIDATE OR HIS OR
HER AUTHORIZED COMMITTEE FROM USING CAMPAIGN CONTRIBUTIONS RECEIVED FROM
PRIVATE CONTRIBUTORS FOR OTHERWISE LAWFUL EXPENDITURES.

S. 6355--B                         52                         A. 8555--B

  3. THE BOARD SHALL PROMULGATE REGULATIONS FOR THE CERTIFICATION OF THE
AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER, FROM  THE  FUND  ESTABLISHED
PURSUANT  TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW, TO A PARTIC-
IPATING CANDIDATE THAT HAS QUALIFIED  TO  RECEIVE  SUCH  PAYMENT.  THESE
REGULATIONS  SHALL INCLUDE THE PROMULGATION AND DISTRIBUTION OF FORMS ON
WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO  BE  REPORTED,  THE  PERIODS
DURING  WHICH  SUCH REPORTS MUST BE FILED AND THE VERIFICATION REQUIRED.
THE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL MAKE POSSIBLE PAYMENT BY
THE FUND WITHIN FOUR BUSINESS DAYS AFTER RECEIPT OF THE  REQUIRED  FORMS
AND VERIFICATIONS.
  S   14-210.   ENFORCEMENT  AND  PENALTIES  FOR  VIOLATIONS  AND  OTHER
PROCEEDINGS.  1. CIVIL PENALTIES. VIOLATIONS OF ANY  PROVISION  OF  THIS
TITLE  OR  RULE PROMULGATED PURSUANT TO THIS TITLE SHALL BE SUBJECT TO A
CIVIL PENALTY IN AN AMOUNT NOT IN EXCESS OF FIFTEEN THOUSAND DOLLARS.
  2. NOTICE OF VIOLATION AND OPPORTUNITY TO CONTEST. THE BOARD SHALL:
  (A) DETERMINE WHETHER A VIOLATION OF ANY PROVISION OF  THIS  TITLE  OR
RULE PROMULGATED HEREUNDER HAS BEEN COMMITTED;
  (B) GIVE WRITTEN NOTICE AND THE OPPORTUNITY TO CONTEST BEFORE AN INDE-
PENDENT  HEARING  OFFICER  TO  EACH  PERSON  OR  ENTITY IT HAS REASON TO
BELIEVE HAS COMMITTED A VIOLATION; AND
  (C) IF APPROPRIATE, ASSESS PENALTIES FOR  VIOLATIONS,  FOLLOWING  SUCH
NOTICE AND OPPORTUNITY TO CONTEST.
  3.  CRIMINAL CONDUCT. ANY PERSON WHO KNOWINGLY AND WILLFULLY FURNISHES
OR SUBMITS FALSE STATEMENTS OR INFORMATION TO THE  BOARD  IN  CONNECTION
WITH  ITS ADMINISTRATION OF THIS TITLE, SHALL BE GUILTY OF A MISDEMEANOR
IN ADDITION TO ANY OTHER PENALTY AS MAY BE IMPOSED UNDER THIS CHAPTER OR
PURSUANT TO ANY OTHER LAW. THE BOARD SHALL SEEK TO  RECOVER  ANY  PUBLIC
MATCHING FUNDS OBTAINED AS A RESULT OF SUCH CRIMINAL CONDUCT.
  4. PROCEEDINGS AS TO PUBLIC FINANCING. (A) THE DETERMINATION OF ELIGI-
BILITY  PURSUANT  TO  THIS  TITLE  AND ANY QUESTION OR ISSUE RELATING TO
PAYMENTS FOR  CAMPAIGN  EXPENDITURES  PURSUANT  TO  THIS  TITLE  MAY  BE
CONTESTED  IN A PROCEEDING INSTITUTED IN THE SUPREME COURT, ALBANY COUN-
TY, BY ANY AGGRIEVED CANDIDATE.
  (B) A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION  OF  ELIGIBILITY
OR  PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO THIS CHAPTER
SHALL BE INSTITUTED WITHIN FOURTEEN DAYS AFTER  SUCH  DETERMINATION  WAS
MADE. THE BOARD SHALL BE MADE A PARTY TO ANY SUCH PROCEEDING.
  (C)  UPON THE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE FROM A PARTIC-
IPATING CANDIDATE OR SUCH CANDIDATE'S  AUTHORIZED  COMMITTEE  AFTER  THE
ISSUANCE  OF  WRITTEN  NOTICE  OF  SUCH  AMOUNT DUE, AS REQUIRED BY THIS
TITLE, THE BOARD IS AUTHORIZED TO  INSTITUTE  A  SPECIAL  PROCEEDING  OR
CIVIL  ACTION  IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A JUDGMENT FOR
ANY AMOUNTS DETERMINED TO BE PAYABLE TO THE BOARD  AS  A  RESULT  OF  AN
EXAMINATION  AND  AUDIT  MADE  PURSUANT  TO THIS TITLE OR TO OBTAIN SUCH
AMOUNTS DIRECTLY FROM THE CANDIDATE  OR  AUTHORIZED  COMMITTEE  AFTER  A
HEARING AT THE STATE BOARD OF ELECTIONS.
  (D) THE BOARD IS AUTHORIZED TO INSTITUTE A SPECIAL PROCEEDING OR CIVIL
ACTION  IN  SUPREME COURT, ALBANY COUNTY, TO OBTAIN A JUDGMENT FOR CIVIL
PENALTIES DETERMINED TO BE PAYABLE TO THE BOARD PURSUANT TO  THIS  TITLE
OR TO IMPOSE SUCH PENALTY DIRECTLY AFTER A HEARING AT THE STATE BOARD OF
ELECTIONS.
  S  14-211.  REPORTS. THE BOARD SHALL REVIEW AND EVALUATE THE EFFECT OF
THIS TITLE UPON THE CONDUCT OF ELECTION CAMPAIGNS  AND  SHALL  SUBMIT  A
REPORT TO THE LEGISLATURE ON OR BEFORE JANUARY FIRST, TWO THOUSAND NINE-
TEEN,  AND  EVERY  THIRD YEAR THEREAFTER, AND AT ANY OTHER TIME UPON THE

S. 6355--B                         53                         A. 8555--B

REQUEST OF THE GOVERNOR AND AT SUCH  OTHER  TIMES  AS  THE  BOARD  DEEMS
APPROPRIATE. THESE REPORTS SHALL INCLUDE:
  1.  A  LIST  OF  THE  PARTICIPATING AND NONPARTICIPATING CANDIDATES IN
COVERED ELECTIONS AND THE VOTES RECEIVED  BY  EACH  CANDIDATE  IN  THOSE
ELECTIONS;
  2.  THE  AMOUNT  OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES
MADE, ON BEHALF OF THESE CANDIDATES;
  3. THE AMOUNT OF PUBLIC MATCHING FUNDS  EACH  PARTICIPATING  CANDIDATE
RECEIVED, SPENT, AND REPAID PURSUANT TO THIS TITLE;
  4.  ANALYSIS  OF  THE  EFFECT  OF  THIS  TITLE ON POLITICAL CAMPAIGNS,
INCLUDING ITS EFFECT ON THE SOURCES AND AMOUNTS  OF  PRIVATE  FINANCING,
THE  LEVEL  OF CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE NUMBER OF
CANDIDATES, THE CANDIDATES' ABILITY TO CAMPAIGN EFFECTIVELY  FOR  PUBLIC
OFFICE,  AND  THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
AND
  5. RECOMMENDATIONS FOR AMENDMENTS TO THIS TITLE, INCLUDING CHANGES  IN
CONTRIBUTION  LIMITS, THRESHOLDS FOR ELIGIBILITY, AND ANY OTHER FEATURES
OF THE SYSTEM.
  S 14-212. DEBATES FOR CANDIDATES FOR  STATEWIDE  OFFICE.    THE  BOARD
SHALL  PROMULGATE  REGULATIONS TO FACILITATE DEBATES AMONG PARTICIPATING
CANDIDATES WHO SEEK ELECTION TO STATEWIDE OFFICE.  PARTICIPATING  CANDI-
DATES ARE REQUIRED TO PARTICIPATE IN ONE DEBATE BEFORE EACH ELECTION FOR
WHICH  THE  CANDIDATE  RECEIVES  PUBLIC  FUNDS, UNLESS THE PARTICIPATING
CANDIDATE IS RUNNING UNOPPOSED. NONPARTICIPATING CANDIDATES MAY  PARTIC-
IPATE IN SUCH DEBATES.
  S  14-213. SEVERABILITY.   IF ANY CLAUSE, SENTENCE, SUBDIVISION, PARA-
GRAPH, SECTION OR PART OF THIS TITLE BE ADJUDGED BY ANY COURT OF  COMPE-
TENT  JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR
OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
TION TO THE CLAUSE, SENTENCE, SUBDIVISION, PARAGRAPH,  SECTION  OR  PART
THEREOF  DIRECTLY  INVOLVED  IN  THE  CONTROVERSY IN WHICH SUCH JUDGMENT
SHALL HAVE BEEN RENDERED.
  S 8. The state finance law is amended by adding a new section 92-t  to
read as follows:
  S  92-T.  NEW  YORK  STATE  CAMPAIGN  FINANCE FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
COMMISSIONER  OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW YORK
STATE CAMPAIGN FINANCE FUND.
  2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE NEW  YORK
STATE  CAMPAIGN  FINANCE  FUND  CHECK-OFF  PURSUANT TO SUBSECTION (F) OF
SECTION SIX HUNDRED FIFTY-EIGHT OF THE TAX LAW, FROM THE ABANDONED PROP-
ERTY FUND PURSUANT TO SECTION NINETY-FIVE  OF  THIS  ARTICLE,  FROM  THE
GENERAL  FUND, AND FROM ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO
FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.   SUCH  FUND  SHALL  ALSO
RECEIVE  CONTRIBUTIONS FROM PRIVATE INDIVIDUALS, ORGANIZATIONS, OR OTHER
PERSONS TO FULFILL THE PURPOSES OF THE PUBLIC FINANCING SYSTEM.
  3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO  CANDIDATES  PURSUANT
TO  TITLE II OF ARTICLE FOURTEEN OF THE ELECTION LAW AND FOR ADMINISTRA-
TIVE EXPENSES RELATED TO THE IMPLEMENTATION OF ARTICLE FOURTEEN  OF  THE
ELECTION  LAW.  MONEYS  SHALL BE PAID OUT OF THE FUND BY THE STATE COMP-
TROLLER ON  VOUCHERS  CERTIFIED  OR  APPROVED  BY  THE  STATE  BOARD  OF
ELECTIONS,   OR  ITS  DULY  DESIGNATED  REPRESENTATIVE,  IN  THE  MANNER
PRESCRIBED BY LAW, NOT MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS
RECEIVED BY THE STATE COMPTROLLER.

S. 6355--B                         54                         A. 8555--B

  4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  IF,  IN  ANY
STATE  FISCAL  YEAR, THE STATE CAMPAIGN FINANCE FUND LACKS THE AMOUNT OF
MONEY TO PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES  AND  CERTIFIED
OR  APPROVED  BY THE STATE BOARD OF ELECTIONS, ANY SUCH DEFICIENCY SHALL
BE  PAID  BY  THE STATE COMPTROLLER, FROM FUNDS DEPOSITED IN THE GENERAL
FUND OF THE STATE NOT MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER  IS
RECEIVED BY THE STATE COMPTROLLER.
  5.  COMMENCING  IN TWO THOUSAND SIXTEEN, IF THE SURPLUS IN THE FUND ON
APRIL FIRST OF THE YEAR AFTER A YEAR IN  WHICH  A  GOVERNOR  IS  ELECTED
EXCEEDS  TWENTY-FIVE PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER THE
PREVIOUS FOUR YEARS, THE EXCESS SHALL REVERT TO THE GENERAL FUND OF  THE
STATE.
  6.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
PRIMARY  ELECTION  ANY  EARLIER  THAN  THIRTY  DAYS  AFTER   DESIGNATING
PETITIONS,  INDEPENDENT  NOMINATING  PETITIONS, OR CERTIFICATES OF NOMI-
NATION HAVE BEEN FILED AND NOT LESS THAN  FORTY-FIVE  DAYS  BEFORE  SUCH
ELECTION.
  7.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF  THE  PRIMARY
ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
  8.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
SPECIAL ELECTION ANY EARLIER THAN THE DAY AFTER THE  LAST  DAY  TO  FILE
CERTIFICATES OF PARTY NOMINATION FOR SUCH SPECIAL ELECTION.
  9.  NO  PUBLIC  FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN  DECLARED
INVALID  BY  THE  APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER COURT
IN A FINAL JUDGMENT.  NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH
A CANDIDATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON THE  DATE  OF
SUCH DISQUALIFICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY
PURPOSE  EXCEPT  THE  PAYMENT  OF LIABILITIES INCURRED BEFORE SUCH DATE.
ALL SUCH MONEYS SHALL BE REPAID TO THE FUND.
  S 9. Section 95 of the state finance law is amended by  adding  a  new
subdivision 5 to read as follows:
  5.  NOTWITHSTANDING  ANY  PROVISION  OF  THIS  SECTION AUTHORIZING THE
TRANSFER OF ANY MONEYS IN THE ABANDONED PROPERTY  FUND  TO  THE  GENERAL
FUND, IN JANUARY OF EACH YEAR IN WHICH A STATE GENERAL ELECTION IS TO BE
HELD  PURSUANT  TO LAW, OR AT LEAST SIX WEEKS PRIOR TO ANY STATE SPECIAL
ELECTION, THE COMPTROLLER, UPON WARRANT OR VOUCHER BY  THE  CHAIRMAN  OF
THE  CAMPAIGN FINANCE BOARD OR HIS OR HER DULY APPOINTED REPRESENTATIVE,
SHALL TRANSFER MONEYS OF THE ABANDONED PROPERTY FUND INTO  THE  CAMPAIGN
FINANCE  FUND PURSUANT TO SECTION NINETY-TWO-T OF THIS ARTICLE. ON MARCH
THIRTY-FIRST OF THE YEAR FOLLOWING  SUCH  GENERAL  ELECTION  YEAR,  SUCH
CHAIRMAN  SHALL  TRANSFER  TO THE GENERAL FUND ANY SURPLUS MONEYS OF THE
CAMPAIGN FINANCE FUND AS OF SUCH DATE.
  S 10. Section 658 of the tax law is amended by adding a new subsection
(f) to read as follows:
  (F) NEW YORK STATE CAMPAIGN FINANCE FUND CHECK-OFF. (1) FOR EACH TAXA-
BLE YEAR BEGINNING ON AND AFTER JANUARY FIRST,  TWO  THOUSAND  FOURTEEN,
EVERY  RESIDENT  TAXPAYER  WHOSE NEW YORK STATE INCOME TAX LIABILITY FOR
THE TAXABLE YEAR FOR WHICH THE RETURN IS FILED IS FORTY DOLLARS OR  MORE
MAY  DESIGNATE  ON  SUCH  RETURN THAT FORTY DOLLARS BE PAID INTO THE NEW
YORK STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T  OF
THE  STATE FINANCE LAW. WHERE A HUSBAND AND WIFE FILE A JOINT RETURN AND
HAVE A NEW YORK STATE INCOME TAX LIABILITY  FOR  THE  TAXABLE  YEAR  FOR
WHICH  THE  RETURN  IS FILED IS EIGHTY DOLLARS OR MORE, OR FILE SEPARATE

S. 6355--B                         55                         A. 8555--B

RETURNS ON A SINGLE FORM, EACH SUCH TAXPAYER MAY  MAKE  SEPARATE  DESIG-
NATIONS  ON  SUCH  RETURN  OF FORTY DOLLARS TO BE PAID INTO THE NEW YORK
STATE CAMPAIGN FINANCE FUND.
  (2)  THE  COMMISSIONER  SHALL  TRANSFER TO THE NEW YORK STATE CAMPAIGN
FINANCE FUND, ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE  STATE
FINANCE  LAW,  AN AMOUNT EQUAL TO FORTY DOLLARS MULTIPLIED BY THE NUMBER
OF DESIGNATIONS.
  (3) FOR PURPOSES OF THIS SUBSECTION, THE INCOME TAX  LIABILITY  OF  AN
INDIVIDUAL  FOR ANY TAXABLE YEAR IS THE AMOUNT OF TAX IMPOSED UNDER THIS
ARTICLE REDUCED BY THE SUM OF THE  CREDITS  (AS  SHOWN  IN  HIS  OR  HER
RETURN) ALLOWABLE UNDER THIS ARTICLE.
  (4)  THE DEPARTMENT SHALL INCLUDE A PLACE ON EVERY PERSONAL INCOME TAX
RETURN FORM TO BE FILED BY AN INDIVIDUAL FOR A TAX YEAR BEGINNING ON  OR
AFTER  JANUARY  FIRST,  TWO THOUSAND FOURTEEN, FOR SUCH TAXPAYER TO MAKE
THE DESIGNATIONS DESCRIBED IN PARAGRAPH ONE  OF  THIS  SUBSECTION.  SUCH
RETURN  FORM  SHALL CONTAIN A CONCISE EXPLANATION OF THE PURPOSE OF SUCH
OPTIONAL DESIGNATIONS.
  S 11. Severability. If any clause, sentence,  subdivision,  paragraph,
section  or part of title II of article 14 of the election law, as added
by section seven of this act be  adjudged  by  any  court  of  competent
jurisdiction  to  be  invalid, such judgment shall not affect, impair or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, subdivision, paragraph, section or part thereof
directly involved in the controversy in which such judgment  shall  have
been rendered.
  S  12.  This act shall take effect immediately; provided, however, all
state legislative candidates will be eligible to participate  in  volun-
tary  public  financing beginning with the 2016 primary election and all
other  state  candidates,  including  those  in  irregularly   scheduled
elections, will be eligible to particulate in voluntary public financing
beginning with the 2018 primary election.
  S  2.  Severability.  If any clause, sentence, subdivision, paragraph,
section, subpart or part of this act be adjudged by any court of  compe-
tent  jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its opera-
tion to the clause, sentence, subdivision, paragraph,  section,  subpart
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately, provided,  however,  that
the applicable effective dates of Subparts A through D of this act shall
be as specifically set forth in the last section of such Subparts.

                                 PART I

  Section  1. The state comptroller is hereby authorized and directed to
loan money in accordance with the provisions set forth in subdivision  5
of  section  4  of  the  state finance law to the following funds and/or
accounts:
  1. Tuition reimbursement account (20451).
  2. Proprietary vocational school supervision account (20452).
  3. Local government records management account (20501).
  4. Child health plus program account (20810).
  5. Hospital based grants program account (20812).
  6. EPIC premium account (20818).

S. 6355--B                         56                         A. 8555--B

  7. Education - New (20901).
  8. VLT - Sound basic education fund (20904).
  9.   Sewage  treatment  program  management  and  administration  fund
(21000).
  10. Hazardous bulk storage account (21061).
  11. Federal grants indirect cost recovery account (21065).
  12. Low level radioactive waste account (21066).
  13. Recreation account (21067).
  14. Public safety recovery account (21077).
  15. Conservationist magazine account (21080).
  16. Environmental regulatory account (21081).
  17. Natural resource account (21082).
  18. Mined land reclamation program account (21084).
  19. Great lakes restoration initiative account (21087).
  20. Environmental protection and oil spill compensation fund (21200).
  21. Public transportation systems account (21401).
  22. Metropolitan mass transportation (21402).
  23. Operating permit program account (21451).
  24. Mobile source account (21452).
  25.  Statewide  planning  and  research  cooperative  system   account
(21902).
  26. OPWDD provider of service account (21903).
  27. Mental hygiene program fund account (21907).
  28. Mental hygiene patient income account (21909).
  29. Financial control board account (21911).
  30. Regulation of racing account (21912).
  31. New York Metropolitan Transportation Council account (21913).
  32. Cyber upgrade account (21919).
  33. State university dormitory income reimbursable account (21937).
  34. Energy research account (21943).
  35. Criminal justice improvement account (21945).
  36. Fingerprint identification and technology account (21950).
  37. Environmental laboratory reference fee account (21959).
  38. Clinical laboratory reference system assessment account (21962).
  39. Public employment relations board account (21964).
  40. Indirect cost recovery account (21978).
  41. High school equivalency program account (21979).
  42. Multi-agency training account (21989).
  43. Bell jar collection account (22003).
  44. Industry and utility service account (22004).
  45. Real property disposition account (22006).
  46. Parking account (22007).
  47. Asbestos safety training program account (22009).
  48. Batavia school for the blind account (22032).
  49. Investment services account (22034).
  50. Surplus property account (22036).
  51. Financial oversight account (22039).
  52. Regulation of indian gaming account (22046).
  53. Rome school for the deaf account (22053).
  54. Seized assets account (22054).
  55. Administrative adjudication account (22055).
  56. Federal salary sharing account (22056).
  57. New York City assessment account (22062).
  58. Cultural education account (22063).
  59. Local services account (22078).
  60. DHCR mortgage servicing account (22085).

S. 6355--B                         57                         A. 8555--B

  61. Department of motor vehicles compulsory insurance account (22087).
  62. Housing indirect cost recovery account (22090).
  63. Accident prevention course program account (22094).
  64. DHCR-HCA application fee account (22100).
  65. Low income housing monitoring account (22130).
  66. Corporation administration account (22135).
  67. Montrose veteran's home account (22144).
  68. Deferred compensation administration account (22151).
  69. Rent revenue other New York City account (22156).
  70. Rent revenue account (22158).
  71. Tax revenue arrearage account (22168).
  72. State university general income offset account (22654).
  73. State police motor vehicle law enforcement account (22802).
  74. Highway safety program account (23001).
  75. EFC drinking water program account (23101).
  76. DOH drinking water program account (23102).
  77. NYCCC operating offset account (23151).
  78. Commercial gaming revenue account (23701).
  79. Commercial gaming regulation account (23702).
  80. Highway and bridge capital account (30051).
  81. State university residence hall rehabilitation fund (30100).
  82. State parks infrastructure account (30351).
  83. Clean water/clean air implementation fund (30500).
  84. Hazardous waste remedial cleanup account (31506).
  85. Youth facilities improvement account (31701).
  86. Housing assistance fund (31800).
  87. Housing program fund (31850).
  88. Highway facility purpose account (31951).
  89.  Miscellaneous capital projects fund, information technology capi-
tal financing account.
  90. New York racing account (32213).
  91. Mental hygiene facilities capital improvement fund (32300).
  92. Correctional facilities capital improvement fund (32350).
  93. New York State Storm Recovery Capital Fund (33000).
  94. OGS convention center account (50318).
  95. Centralized services fund (55000).
  96. Archives records management account (55052).
  97. Federal single audit account (55053).
  98. Civil service law section II administrative account (55055).
  99. Civil service EHS occupational health program account (55056).
  100. Banking services account (55057).
  101. Cultural resources survey account (55058).
  102. Neighborhood work project (55059).
  103. Automation & printing chargeback account (55060).
  104. OFT NYT account (55061).
  105. Data center account (55062).
  106. Human service telecom account (55063).
  107. Intrusion detection account (55066).
  108. Domestic violence grant account (55067).
  109. Centralized technology services account (55069).
  110. Labor contact center account (55071).
  111. Human services contact center account (55072).
  112. Tax contact center account (55073).
  113. Joint labor/management administration fund (55201).
  114. Executive direction internal audit account (55251).
  115. CIO Information technology centralized services account (55252).

S. 6355--B                         58                         A. 8555--B

  116. Health insurance internal service account (55300).
  117.  Civil  service employee benefits division administrative account
(55301).
  118. Correctional industries revolving fund (55350).
  119. Employees health insurance account (60201).
  120. Medicaid management information system escrow fund (60900).
  S 1-a. The state comptroller is hereby authorized and directed to loan
money in accordance with the provisions set forth in  subdivision  5  of
section  4  of the state finance law to any account within the following
federal funds, provided the comptroller has made  a  determination  that
sufficient  federal grant award authority is available to reimburse such
loans:
  1. Federal USDA-food and nutrition services fund. (25000).
  2. Federal health and human services fund (25100).
  3. Federal education fund (25200).
  4. Federal block grant fund (25250).
  5. Federal miscellaneous operating grants fund. (25300)
  6. Federal unemployment insurance administration fund (25900).
  7. Federal unemployment insurance occupational training fund (25950).
  8. Federal emergency employment act fund (26000).
  9. Federal capital projects fund (31350).
  S 2. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or  before March 31, 2015, up to the unencumbered balance or the follow-
ing amounts:
  Economic Development and Public Authorities:
  1. $175,000 from the miscellaneous special revenue  fund,  underground
facilities safety training account (22172), to the general fund.
  2.  An  amount  up  to the unencumbered balance from the miscellaneous
special revenue fund, business and licensing services  account  (21977),
to the general fund.
  3.  $14,810,000  from  the  miscellaneous  special  revenue fund, code
enforcement account (21904), to the general fund.
  4. $3,000,000 from the  general  fund  to  the  miscellaneous  special
revenue fund, tax revenue arrearage account (22168).
  5.  $350,000  from  the  state  exposition  special  fund,  state fair
receipts account (50051), to the general fund.
  Education:
  1. $2,265,000,000 from the general fund to  the  state  lottery  fund,
education  account (20901), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c  of
the  state  finance  law  that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
  2. $950,604,000 from the general fund to the state lottery  fund,  VLT
education  account (20904), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c  of
the  state  finance  law  that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
  3. Moneys from the state lottery fund up to  an  amount  deposited  in
such  fund  pursuant  to  section  1612  of the tax law in excess of the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
  4. $300,000 from the local government records  management  improvement
fund (20500) to the archives partnership trust fund (20350).

S. 6355--B                         59                         A. 8555--B

  5. $900,000 from the general fund to the miscellaneous special revenue
fund, Batavia school for the blind account (22032).
  6. $900,000 from the general fund to the miscellaneous special revenue
fund, Rome school for the deaf account (22053).
  7.  $343,400,000  from  the  state  university  dormitory  income fund
(40350) to the miscellaneous  special  revenue  fund,  state  university
dormitory income reimbursable account (21937).
  8.  $24,000,000  from  any  of  the state education department special
revenue and internal service funds to the miscellaneous special  revenue
fund, indirect cost recovery account (21978).
  9.  $8,318,000  from  the  general fund to the state university income
fund, state university income offset account (22654),  for  the  state's
share of repayment of the STIP loan.
  10. $64,000,000 from the state university income fund, state universi-
ty hospitals income reimbursable account (22656) to the general fund for
hospital  debt  service  for  the period April 1, 2014 through March 31,
2015.
  Environmental Affairs:
  1. $16,000,000 from any of the department of  environmental  conserva-
tion's  special  revenue federal funds to the environmental conservation
special revenue fund, federal indirect recovery account (21065).
  2. $2,000,000 from any of the department  of  environmental  conserva-
tion's  special revenue federal funds to the conservation fund as neces-
sary to avoid diversion of conservation funds.
  3. $3,000,000 from any of the office of parks, recreation and historic
preservation capital projects federal funds and special revenue  federal
funds  to the miscellaneous special revenue fund, federal grant indirect
cost recovery account (22188).
  4. $1,000,000 from any of the office of parks, recreation and historic
preservation special revenue federal funds to the miscellaneous  special
revenue fund, I love NY water account (21930).
  Family Assistance:
  1. $10,000,000 from any of the office of children and family services,
office  of  temporary and disability assistance, or department of health
special revenue federal funds and the general fund, in  accordance  with
agreements  with social services districts, to the miscellaneous special
revenue fund, office of human resources development state match  account
(21967).
  2.  $3,000,000  from any of the office of children and family services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund, family preservation and
support services and family violence services account (22082).
  3. $18,670,000 from any of the office of children and family services,
office of temporary and disability assistance, or department  of  health
special  revenue  federal  funds  and  any  other miscellaneous revenues
generated from the operation of office of children and  family  services
programs to the general fund.
  4.  $140,000,000  from  any  of the office of temporary and disability
assistance or department of health special revenue funds to the  general
fund.
  5.  $2,500,000  from  any  of  the  office of temporary and disability
assistance or office of children and  family  services  special  revenue
federal  funds  to  the  miscellaneous  special  revenue fund, office of
temporary and disability assistance program account (21980).
  6. $35,000,000 from any of the office of children and family services,
office of temporary and disability assistance, department of labor,  and

S. 6355--B                         60                         A. 8555--B

department  of  health  special  revenue  federal funds to the office of
children and family services miscellaneous special revenue fund,  multi-
agency training contract account (21989).
  7.  $122,000,000  from  the  miscellaneous special revenue fund, youth
facility per Diem account (22186), to the general fund.
  8. $621,850 from the general fund to the combined gifts,  grants,  and
bequests fund, WB Hoyt Memorial account (20128).
  9.  $2,500,000  from  the  miscellaneous  special  revenue fund, state
central registry (22028) to the general fund.
  General Government:
  1. $1,566,000 from the miscellaneous special revenue fund, examination
and miscellaneous revenue account (22065) to the general fund.
  2. $12,500,000 from the general fund to the health insurance revolving
fund (55300).
  3. $192,400,000  from  the  health  insurance  reserve  receipts  fund
(60550) to the general fund.
  4. $150,000 from the general fund to the not-for-profit revolving loan
fund (20650).
  5. $150,000 from the not-for-profit revolving loan fund (20650) to the
general fund.
  6. $30,000,000 from the miscellaneous special revenue fund, real prop-
erty disposition account (22006), to the general fund.
  7.  $3,000,000  from  the  miscellaneous special revenue fund, surplus
property account (22036), to the general fund.
  8. $19,900,000 from the general  fund  to  the  miscellaneous  special
revenue fund, alcoholic beverage control account (22033).
  9.  $23,000,000  from  the miscellaneous special revenue fund, revenue
arrearage account (22024), to the general fund.
  10. $1,826,000 from the miscellaneous special  revenue  fund,  revenue
arrearage  account  (22024),  to the miscellaneous special revenue fund,
authority budget office account (22138).
  11. $1,000,000 from the miscellaneous special  revenue  fund,  parking
services  account (22007), to the general fund, for the purpose of reim-
bursing the costs of debt service related to state parking facilities.
  12. $21,800,000 from the general fund to the  internal  service  fund,
COPS account (55013).
  13. $14,000,000 from the general fund to the agencies internal service
fund,  central  technology  services account (55069), for the purpose of
enterprise technology projects.
  Health:
  1. $64,600,000 from the miscellaneous special revenue fund, quality of
care account (21915) to the general fund.
  2. $1,000,000 from the general fund to the combined gifts, grants  and
bequests  fund, breast cancer research and education account (20155), an
amount equal to the monies collected and deposited into that account  in
the previous fiscal year.
  3. $1,464,000 from any of the department of health accounts within the
federal  health  and  human  services  fund  to the department of health
miscellaneous special revenue  fund,  statewide  planning  and  research
cooperation system (SPARCS) program account (21902).
  4.  $250,000  from  the general fund to the combined gifts, grants and
bequests  fund,  prostate  cancer  research,  detection,  and  education
account  (20183),  an amount equal to the moneys collected and deposited
into that account in the previous fiscal year.
  5. $500,000 from the general fund to the combined  gifts,  grants  and
bequests  fund,  Alzheimer's  disease  research  and  assistance account

S. 6355--B                         61                         A. 8555--B

(20143), an amount equal to the moneys collected and deposited into that
account in the previous fiscal year.
  6.  $26,527,000 from the HCRA resources fund (20800), to the miscella-
neous special revenue fund, empire state stem cell  trust  fund  account
(22161).
  7.  $11,373,000  from  the  general  fund to the miscellaneous special
revenue fund, empire state stem cell trust fund (22161).
  8. $64,600,000 from any of the department of  health  accounts  within
the  federal health and human services fund to the miscellaneous special
revenue fund, quality of care account (21915).
  9. $4,000,000 from the miscellaneous special revenue fund, certificate
of need account (21920), to the  miscellaneous  capital  projects  fund,
healthcare IT capital subfund.
  10.  $3,000,000  from the miscellaneous special revenue fund, adminis-
tration program account (21982), to the miscellaneous  capital  projects
fund, healthcare IT capital subfund.
  11.  $3,000,000  from  the  miscellaneous  special revenue fund, vital
records account (22103), to the  miscellaneous  capital  projects  fund,
healthcare IT capital subfund.
  12.  $65,000,000  from  the HCRA resources fund (20800) to the capital
projects fund (30000), for the purpose of funding the  statewide  health
information network for New York and the all payers claims database.
  13.  $3,700,000  from  the  miscellaneous  New York state agency fund,
Medicaid recoveries account (60615), to the general fund.
  Labor:
  1. $400,000 from the miscellaneous special revenue fund, DOL  fee  and
penalty account (21923), to the child performer's protection fund, child
performer protection account (20401).
  2. $8,400,000 from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the general fund.
  3.  $3,300,000  from  the  unemployment insurance interest and penalty
fund,  unemployment  insurance  special  interest  and  penalty  account
(23601), to the general fund.
  Mental Hygiene:
  1.  $10,000,000  from  the  miscellaneous special revenue fund, mental
hygiene patient income account (21909),  to  the  miscellaneous  special
revenue fund, federal salary sharing account (22056).
  2.  $100,000,000  from  the miscellaneous special revenue fund, mental
hygiene patient income account (21909),  to  the  miscellaneous  special
revenue fund, provider of service accounts (21903).
  3.  $100,000,000  from  the miscellaneous special revenue fund, mental
hygiene program fund  account  (21907),  to  the  miscellaneous  special
revenue fund, provider of service account (21903).
  4.  $1,250,000,000  from the general fund to the miscellaneous special
revenue fund, mental hygiene patient income account (21909).
  5. $1,600,000,000 from the general fund to the  miscellaneous  special
revenue fund, mental hygiene program fund account (21907).
  6.  $100,000,000  from  the miscellaneous special revenue fund, mental
hygiene program fund account (21907), to the general fund.
  7. $100,000,000 from the miscellaneous special  revenue  fund,  mental
hygiene patient income account (21909), to the general fund.
  Public Protection:
  1.  $1,350,000  from the miscellaneous special revenue fund, emergency
management account (21944), to the general fund.
  2. $3,300,000 from the  general  fund  to  the  miscellaneous  special
revenue fund, recruitment incentive account (22171).

S. 6355--B                         62                         A. 8555--B

  3.  $13,000,000  from  the general fund to the correctional industries
revolving  fund,  correctional  industries  internal   service   account
(55350).
  4.  $12,000,000  from the federal miscellaneous operating grants fund,
DMNA damage account (25324), to the general fund.
  5. $14,300,000 from the general  fund  to  the  miscellaneous  special
revenue fund, crimes against revenue program account (22015).
  6.  $9,100,000  from  the miscellaneous special revenue fund, criminal
justice improvement account (21945), to the general fund.
  7. $50,000,000 from the miscellaneous special revenue fund,  statewide
public safety communications account (22123), to the general fund.
  8.  $106,000,000  from  the state police motor vehicle law enforcement
and motor vehicle theft  and  insurance  fraud  prevention  fund,  state
police  motor  vehicle  enforcement account (22802), to the general fund
for state operation expenses of the division of state police.
  9. $21,500,000 from the general fund to  the  correctional  facilities
capital improvement fund (32350).
  10.  $5,000,000  from  the  general  fund to the dedicated highway and
bridge trust fund (30050) for the purpose of work zone safety activities
provided by the division of state police for the department of transpor-
tation.
  11. $5,000,000 from the miscellaneous special revenue fund,  statewide
public  safety  communications  account (22123), to the capital projects
fund (30000).
  12. $2,000,000 from the  miscellaneous  special  revenue  fund,  legal
services assistance account (22096), to the general fund.
  Transportation:
  1. $17,672,000 from the federal miscellaneous operating grants fund to
the  miscellaneous special revenue fund, New York Metropolitan Transpor-
tation Council account (21913).
  2. $20,147,000 from the federal capital projects fund to the miscella-
neous special revenue fund, New York Metropolitan Transportation Council
account (21913).
  3. $15,700,000 from the miscellaneous special revenue fund, compulsory
insurance account (22087), to the general fund.
  4. $12,000,000 from the general fund to the mass transportation  oper-
ating  assistance  fund, public transportation systems operating assist-
ance account (21401).
  5. $662,483,000 from the general fund to  the  dedicated  highway  and
bridge trust fund (30050).
  6.  $606,000  from  the  miscellaneous  special revenue fund, accident
prevention course program account (22094), to the general fund.
  7. $6,000 from the  miscellaneous  special  revenue  fund,  motorcycle
safety account (21976), to the general fund.
  8.  $309,250,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
  9. $40,000,000 from the mass transportation operating assistance fund,
metropolitan mass transportation operating assistance  account  (21402),
to  the  general  debt  service  fund  (40150), for reimbursement of the
state's expenses in connection with payments of debt service and related
expenses for the metropolitan transportation authority's  state  service
contract bonds.
  10. $2,500,000 from the miscellaneous special revenue fund, rail safe-
ty  inspection account (21983) to the dedicated highway and bridge trust
fund (30050).

S. 6355--B                         63                         A. 8555--B

  11. $5,000,000 from the miscellaneous special revenue fund,  transpor-
tation  regulation  account  (22067) to the dedicated highway and bridge
trust fund (30050), for disbursements made  from  such  fund  for  motor
carrier  safety that are in excess of the amounts deposited in the dedi-
cated highway and bridge trust fund (30050) for such purpose pursuant to
section 94 of the transportation law.
  Miscellaneous:
  1. $150,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
  2.  $500,000,000  from  the general fund to the debt reduction reserve
fund (40000).
  3. $450,000,000 from the New York state storm  recovery  capital  fund
(33000) to the revenue bond tax fund (40152).
  4.  $15,500,000  from  the general fund, community projects account GG
(10256), to the general fund, state purposes account (10050).
  S 3. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2015:
  1.  Upon request of the commissioner of environmental conservation, up
to $11,283,800 from revenues credited to any of the department of  envi-
ronmental  conservation special revenue funds, including $3,275,400 from
the environmental protection and oil spill  compensation  fund  (21200),
and  $1,773,600 from the conservation fund (21150), to the environmental
conservation special revenue fund, indirect charges account (21060).
  2. Upon request of the commissioner of agriculture and markets, up  to
$3,000,000  from  any special revenue fund or enterprise fund within the
department of agriculture and markets to the general fund, to pay appro-
priate administrative expenses.
  3. Upon request of the commissioner of agriculture and markets, up  to
$2,000,000  from  the state exposition special fund, state fair receipts
account (50051) to the miscellaneous capital projects fund,  state  fair
capital improvement account (32208).
  4.  Upon  request  of  the commissioner of the division of housing and
community renewal, up to $6,221,000 from revenues credited to any  divi-
sion  of  housing and community renewal federal or miscellaneous special
revenue fund to the miscellaneous special revenue fund, housing indirect
cost recovery account (22090).
  5. Upon request of the commissioner of the  division  of  housing  and
community  renewal, up to $5,500,000 may be transferred from any miscel-
laneous special revenue  fund  account,  to  any  miscellaneous  special
revenue fund.
  6.  Upon  request  of the commissioner of health up to $5,000,000 from
revenues credited to any of the department of health's  special  revenue
funds, to the miscellaneous special revenue fund, administration account
(21982).
  S 3-a.  Employees of the division of military and naval affairs in the
unclassified  service of the state, who are substantially engaged in the
performance of duties to support business and financial services, admin-
istrative services, payroll administration, time and attendance, benefit
administration and other transactional human resources functions, may be
transferred to the office of general services  in  accordance  with  the
provisions  of  section  45 of the civil service law as if the state had
taken over a private entity. No employee who is transferred pursuant  to
this  act shall suffer a reduction in basic annual salary as a result of
the transfer.

S. 6355--B                         64                         A. 8555--B

  S 4. Notwithstanding section 2815 of the  public  health  law  or  any
other  contrary  provision of law, upon the direction of the director of
the budget and the commissioner of health, the  dormitory  authority  of
the  state  of New York is directed to transfer $7,000,000 annually from
funds  available  and  uncommitted  in  the  New  York state health care
restructuring pool to the health care reform act (HCRA) resources fund -
HCRA resources account.
  S 5. On or before March 31, 2015, the comptroller is hereby authorized
and directed to deposit earnings that  would  otherwise  accrue  to  the
general  fund  that are attributable to the operation of section 98-a of
the state finance law, to the agencies internal  service  fund,  banking
services  account  (55057),  for  the purpose of meeting direct payments
from such account.
  S 6. Notwithstanding any law to the contrary, upon  the  direction  of
the  director of the budget and upon requisition by the state university
of New York, the dormitory  authority  of  the  state  of  New  York  is
directed  to  transfer, up to $22,000,000 in revenues generated from the
sale of notes or  bonds,  to  the  state  university  of  New  York  for
reimbursement  of bondable equipment for further transfer to the state's
general fund.
  S 7. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon  consultation  with  the  state university chancellor or his or her
designee, on or before March 31, 2015, up to $16,000,000 from the  state
university  income  fund  general  revenue  account (22653) to the state
general fund for debt service costs related to campus supported  capital
project  costs  for  the  NY-SUNY  2020  challenge  grant program at the
University at Buffalo.
  S 8. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon  consultation  with  the  state university chancellor or his or her
designee, on or before March 31, 2015, up to $6,500,000 from  the  state
university  income  fund  general  revenue  account (22653) to the state
general fund for debt service costs related to campus supported  capital
project  costs  for  the  NY-SUNY  2020  challenge  grant program at the
University at Albany.
  S 9. Notwithstanding any law to the  contrary,  the  state  university
chancellor or his or her designee is authorized and directed to transfer
estimated  tuition revenue balances from the state university collection
fund (61000) to the  state  university  income  fund,  state  university
general revenue offset account (22655) on or before March 31, 2015.
  S  10. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $69,264,000 from the general fund  to  the  state  university  income
fund,  state  university  hospitals  income reimbursable account (22656)
during the period July 1, 2014 through June 30, 2015 to reflect  ongoing
state  subsidy  of  SUNY  hospitals and to pay costs attributable to the
SUNY hospitals' state agency status.
  S 11. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to  $969,050,300  from  the  general fund to the state university income
fund, state university general revenue offset account (22655) during the

S. 6355--B                         65                         A. 8555--B

period of July 1, 2014 through June 30, 2015 to  support  operations  at
the state university.
  S  12. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university  chancel-
lor  or his or her designee, up to $50,000,000 from the state university
income fund, state  university  hospitals  income  reimbursable  account
(22656),  for  services  and expenses of hospital operations and capital
expenditures at the state university hospitals; and the state university
income fund, Long Island veterans' home account  (22652)  to  the  state
university capital projects fund (32400) on or before June 30, 2015.
  S  13. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after  consultation
with  the  state university chancellor or his or her designee, is hereby
authorized and directed to transfer moneys, in the first instance,  from
the  state  university  collection fund, Stony Brook hospital collection
account (61006), Brooklyn hospital collection account (61007), and Syra-
cuse hospital collection account (61008) to the state university  income
fund,  state university hospitals income reimbursable account (22656) in
the event insufficient funds  are  available  in  the  state  university
income  fund,  state  university  hospitals  income reimbursable account
(22656) to permit the full transfer of moneys authorized  for  transfer,
to  the  general  fund  for  payment of debt service related to the SUNY
hospitals. Notwithstanding any law to the contrary, the  comptroller  is
also  hereby  authorized and directed, after consultation with the state
university chancellor or his or her designee, to  transfer  moneys  from
the  state  university  income fund to the state university income fund,
state university hospitals income reimbursable account  (22656)  in  the
event  insufficient  funds  are available in the state university income
fund, state university hospitals income reimbursable account (22656)  to
pay  hospital  operating  costs or to permit the full transfer of moneys
authorized for transfer, to the general fund for payment of debt service
related to the SUNY hospitals on or before March 31, 2015.
  S 14. Notwithstanding any law to the contrary, upon the  direction  of
the director of the budget and the chancellor of the state university of
New York or his or her designee, and in accordance with section 4 of the
state  finance law, the comptroller is hereby authorized and directed to
transfer monies from the state university dormitory income fund  (40350)
to  the state university residence hall rehabilitation fund (30100), and
from the state university residence hall rehabilitation fund (30100)  to
the  state university dormitory income fund (40350), in an amount not to
exceed in the aggregate $80 million.
  S 15. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed  to  transfer  monies, upon request of the director of the
budget, on or before March 31, 2015, from and to any  of  the  following
accounts: the miscellaneous special revenue fund, patient income account
(21909),  the miscellaneous special revenue fund, mental hygiene program
fund account (21907), the miscellaneous special  revenue  fund,  federal
salary  sharing  account (22056) or the general fund in any combination,
the aggregate of which shall not exceed $350 million.
  S 16. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed to transfer, at the request of the director of the budget,
up to $500 million from the unencumbered balance of any special  revenue
fund  or  account,  or combination of funds and accounts, to the general

S. 6355--B                         66                         A. 8555--B

fund. The amounts transferred pursuant to this authorization shall be in
addition to any other transfers  expressly  authorized  in  the  2014-15
budget.  Transfers  from  federal  funds,  debt  service  funds, capital
projects  funds, the community projects fund, or funds that would result
in the loss of eligibility for federal benefits or federal funds  pursu-
ant to federal law, rule, or regulation as assented to in chapter 683 of
the  laws  of 1938 and chapter 700 of the laws of 1951 are not permitted
pursuant to this authorization. Prior to initiating  transfers  pursuant
to  this  authorization,  the  director  of the budget shall notify both
houses of the legislature in writing of any subfund  account  for  which
use of this transfer authorization would exceed $2.5 million.
  S  17. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the  budget,
up  to $100 million from any non-general fund or account, or combination
of funds and accounts, to the miscellaneous special revenue fund,  tech-
nology  financing  account (22207) or the miscellaneous capital projects
fund, information technology capital financing account, for the  purpose
of  consolidating  technology  procurement  and  services.   The amounts
transferred  to  the  miscellaneous  special  revenue  fund,  technology
financing  account (22207) pursuant to this authorization shall be equal
to or less than the amount of such monies intended to  support  informa-
tion  technology  costs  which are attributable, according to a plan, to
such account made in pursuance to an appropriation by law. Transfers  to
the  technology  financing  account  shall  be  completed  from  amounts
collected by non-general funds or accounts pursuant to  a  fund  deposit
schedule or permanent statute, and shall be transferred to the technolo-
gy  financing account pursuant to a schedule agreed upon by the affected
agency commissioner. Transfers from funds that would result in the  loss
of eligibility for federal benefits or federal funds pursuant to federal
law,  rule,  or  regulation as assented to in chapter 683 of the laws of
1938 and chapter 700 of the laws of 1951 are not permitted  pursuant  to
this authorization.
  S  18. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the  budget,
up  to $300 million from any non-general fund or account, or combination
of funds and accounts, to the general fund for the  purpose  of  consol-
idating  technology  procurement  and  services. The amounts transferred
pursuant to this authorization shall be equal to or less than the amount
of such monies intended to support information  technology  costs  which
are attributable, according to a plan, to such account made in pursuance
to  an  appropriation  by  law.  Transfers  to the general fund shall be
completed from amounts collected by non-general funds or accounts pursu-
ant to a fund deposit schedule. Transfers from funds that  would  result
in  the loss of eligibility for federal benefits or federal funds pursu-
ant to federal law, rule, or regulation as assented to in chapter 683 of
the laws of 1938 and chapter 700 of the laws of 1951 are  not  permitted
pursuant to this authorization.
  S  19. Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized and directed to (i) make a contribution to the
state treasury to the credit  of  the  general  fund,  or  as  otherwise
directed in writing by the director of the budget, in an amount of up to
$90,000,000  for  the  state  fiscal  year commencing April 1, 2014, the
proceeds of which will be utilized to support energy-related initiatives

S. 6355--B                         67                         A. 8555--B

of the state or for economic development purposes, and (ii) transfer  up
to $25,000,000 of any such contribution by June 30, 2014 and the remain-
der of any such contribution by March 31, 2015.
  S  20.  Subdivision  5  of section 97-rrr of the state finance law, as
amended by section 20 of part HH of chapter 57 of the laws of  2013,  is
amended to read as follows:
  5. Notwithstanding the provisions of section