Enacts into law major components of legislation necessary to implement good government and ethics reform budget for 2018-2019
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| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 18, 2018 |
referred to ways and means |
Enacts into law major components of legislation necessary to implement good government and ethics reform budget for 2018-2019; relates to the disclosure of the identities of political committees, persons, organizations, or agents making certain expenditures for political communications and maintaining a record of such that is available online for public inspection (Part A); relates to motor vehicle registration and to establish early voting (Part B); requires any member of the legislature who obtains outside employment of the legislature in excess of five thousand dollars per year to request a formal advisory opinion from the legislative ethics commission
S T A T E O F N E W Y O R K
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S. 7510 A. 9510
S E N A T E - A S S E M B L Y
January 18, 2018
___________
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 election law, in relation to the disclosure of the
identities of political committees, persons, organizations, or agents
making certain expenditures for political communications (Part A); to
amend the election law, in relation to motor vehicle registration and
to establish early voting; and to repeal section 5-212 of the election
law relating thereto (Part B); to amend the public officers law and
the legislative law, in relation to outside employment and income
(Part C); to amend the election law, in relation to political contrib-
utions by limited liability companies or other corporate entities
(Part D); to amend the executive law and the general municipal law, in
relation to requiring the financial disclosures of certain local offi-
cials (Part E); to amend the election law, in relation to establishing
contribution limits and a public campaign financing system; to amend
the state finance law, in relation to establishing the New York state
campaign finance fund; and to amend the tax law, in relation to estab-
lishing a New York state campaign finance fund check-off (Part F); to
amend the public officers law, the civil practice law and rules and
the executive law, in relation to the freedom of information law; and
to repeal section 88 of the public officers law, section 70-0113 of
the environmental conservation law and subdivision 4 of section 308 of
the county law relating thereto (Part G); to amend the executive law,
in relation to including certain not-for-profit organizations and
foundations within the jurisdiction of the inspector general (Part H);
to amend the executive law, in relation to giving the inspector gener-
al jurisdiction over state procurement (Part I); to amend the educa-
tion law, in relation to the implementation and enforcement of SUNY
and CUNY financial control policies, including the policies of affil-
iated nonprofit organizations and foundations (Part J); to amend the
executive law, the state finance law and the public authorities law,
in relation to the appointment of a chief procurement officer (Part
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12675-01-8
S. 7510 2 A. 9510
K); to amend the election law, in relation to government vendor
contributions (Part L); and to direct the preparation of a report on
the feasibility of single identifying codes or numbers (Part M)
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
relating to Good Government and Ethics Reform. Each component is wholly
contained within a Part identified as Parts A through M. 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, including 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. Section 14-106 of the election law, as amended by section 3
of subpart C of part H of chapter 55 of the laws of 2014, is amended to
read as follows:
§ 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] PAID INTERNET OR
DIGITAL, print and other types of advertisements, pamphlets, circulars,
flyers, brochures, letterheads and other printed matter purchased or
produced, and reproductions of statements or information published to
five hundred 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.
§ 2. Paragraph (a) of subdivision 1 of section 14-107 of the election
law, as amended by section 1 of part A of chapter 286 of the laws of
2016, is amended to read as follows:
(a) "Independent expenditure" means an expenditure made by an inde-
pendent expenditure committee [conveyed to five hundred or more members
of a general public audience] in the form of (i) an audio or video
communication via broadcast, cable or satellite, (ii) a written communi-
cation via advertisements, pamphlets, circulars, flyers, brochures,
letterheads or (iii) other published statements WHERE SUCH EXPENDITURE
IS CONVEYED TO FIVE HUNDRED OR MORE MEMBERS OF A GENERAL PUBLIC AUDIENCE
OR IN THE FORM OF ANY PAID INTERNET OR DIGITAL ADVERTISEMENT which: (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, (ii)
refers to and advocates for or against a clearly identified candidate or
ballot proposal on or after January first of the year of the election in
which such candidate is seeking office or such proposal shall appear on
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the ballot, or (iii) within sixty days before 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.
An independent expenditure shall not include communications where such
candidate, the candidate's political committee or its agents, a party
committee or its agents, or a constituted committee or its agents or a
political committee formed to promote the success or defeat of a ballot
proposal or its agents, did authorize, request, suggest, foster or coop-
erate in such communication.
§ 3. Subdivision 2 of section 14-107 of the election law, as amended
by section 2 of part A of chapter 286 of the laws of 2016, is amended to
read as follows:
2. Whenever any person makes an independent expenditure IN THE FORM OF
AN AUDIO OR VIDEO COMMUNICATION VIA BROADCAST, CABLE OR SATELLITE, A
WRITTEN COMMUNICATION VIA ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS,
BROCHURES, LETTERHEADS OR OTHER PUBLISHED STATEMENT WHERE SUCH EXPENDI-
TURE IS CONVEYED TO FIVE HUNDRED OR MORE MEMBERS OF A GENERAL PUBLIC
AUDIENCE that costs one thousand dollars or more in the aggregate OR AN
INDEPENDENT EXPENDITURE IN THE FORM OF ANY PAID INTERNET OR DIGITAL
ADVERTISEMENT IRRESPECTIVE OF THE COST OF SUCH EXPENDITURE, such commu-
nication shall [clearly] state IN A CLEAR AND CONSPICUOUS MANNER 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 candidate's political committee or
any of its agents.
§ 4. The opening paragraph of subdivision 3 of section 14-107 of the
election law, as amended by section 3 of part A of chapter 286 of the
laws of 2016, is amended to read as follows:
Any person prior to making any independent expenditure shall first
register with the state board of elections as a political committee and
as an independent expenditure committee in conformance with this article
PROVIDED, HOWEVER, THAT NO FOREIGN NATIONAL, GOVERNMENT, INSTRUMENTALITY
OR AGENT MAY REGISTER AS AN INDEPENDENT EXPENDITURE COMMITTEE FOR THE
PURPOSE OF MAKING INDEPENDENT EXPENDITURES IN ANY STATE OR LOCAL
ELECTION. Such person shall comply with all disclosure obligations
required for political committees by law and shall provide the following
additional information upon registration:
§ 5. The election law is amended by adding a new section 14-107-b to
read as follows:
§ 14-107-B. INDEPENDENT EXPENDITURE VERIFICATION. 1. EACH TELEVISION
OR RADIO BROADCAST STATION, PROVIDER OF CABLE OR SATELLITE TELEVISION,
OR ONLINE PLATFORM SHALL MAKE REASONABLE EFFORTS TO ENSURE THAT ALL
INDEPENDENT EXPENDITURES, AS DEFINED IN SECTION 14-107 OF THIS ARTICLE,
COMPLY WITH THE REQUIREMENTS OF SUBDIVISIONS TWO AND THREE OF SECTION
14-107 OF THIS ARTICLE.
2. EACH ONLINE PLATFORM SHALL MAINTAIN AND MAKE AVAILABLE ONLINE FOR
PUBLIC INSPECTION IN A MACHINE READABLE FORMAT, A COMPLETE RECORD OF ANY
REQUEST TO PURCHASE ON SUCH ONLINE PLATFORM ANY INDEPENDENT EXPENDITURE
WHICH IS MADE BY AN INDEPENDENT EXPENDITURE COMMITTEE WHOSE AGGREGATE
REQUESTS TO PURCHASE SUCH COMMUNICATIONS EXCEEDS FIVE HUNDRED DOLLARS.
3. A RECORD MAINTAINED UNDER SUBDIVISION TWO OF THIS SECTION SHALL
CONTAIN:
(A) A DIGITAL COPY OF SUCH INDEPENDENT EXPENDITURE;
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(B) A DESCRIPTION OF THE AUDIENCE TARGETED BY THE ADVERTISEMENT, THE
NUMBER OF VIEWS GENERATED FROM THE ADVERTISEMENT, AND THE DATE AND TIME
THAT THE ADVERTISEMENT IS FIRST DISPLAYED AND LAST DISPLAYED; AND
(C) INFORMATION REGARDING:
(I) THE AVERAGE RATE CHARGED FOR SUCH ADVERTISEMENT;
(II) THE NAME OF THE CANDIDATE TO WHICH SUCH ADVERTISEMENT REFERS AND
THE OFFICE TO WHICH THE CANDIDATE IS SEEKING ELECTION, THE ELECTION TO
WHICH SUCH ADVERTISEMENT REFERS, OR THE BALLOT PROPOSAL TO WHICH SUCH
ADVERTISEMENT REFERS; AND
(III) THE NAME OF THE PERSON PURCHASING SUCH ADVERTISEMENT, THE NAME,
ADDRESS, AND PHONE NUMBER OF A CONTACT PERSON FOR SUCH PERSON, AND A
LIST OF THE CHIEF EXECUTIVE OFFICERS OR MEMBERS OF THE EXECUTIVE COMMIT-
TEE OR OF THE BOARD OF DIRECTORS OF SUCH PERSON IN A MANNER CONSISTENT
WITH THE REQUIREMENTS OF SUBDIVISION THREE OF SECTION 14-107 OF THIS
ARTICLE.
4. ANY TELEVISION OR RADIO BROADCAST STATION, PROVIDER OF CABLE OR
SATELLITE TELEVISION, OR ONLINE PLATFORM THAT FAILS TO COMPLY WITH THE
REQUIREMENTS OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY UP TO
ONE THOUSAND DOLLARS FOR EACH VIOLATION.
§ 6. This act shall take effect immediately and shall apply to all
communications made on or after the sixtieth day next succeeding the
date on which it shall have become a law.
PART B
Section 1. Section 5-212 of the election law is REPEALED and a new
section 5-212 is added to read as follows:
§ 5-212. MOTOR VEHICLE REGISTRATION. 1. IN ADDITION TO ANY OTHER METH-
OD OF VOTER REGISTRATION PROVIDED FOR IN THIS ARTICLE, ANY QUALIFIED
PERSON SHALL BE AUTOMATICALLY APPLIED FOR REGISTRATION AND ENROLLMENT
SIMULTANEOUSLY WITH AND UPON APPLICATION FOR A MOTOR VEHICLE DRIVER'S
LICENSE, A DRIVER'S LICENSE RENEWAL OR AN IDENTIFICATION CARD IF SUCH A
CARD IS ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES IN ITS NORMAL COURSE
OF BUSINESS UNLESS SUCH QUALIFIED PERSON DECLINES SUCH APPLICATION FOR
REGISTRATION AND ENROLLMENT AT THE TIME OF MAKING AN APPLICATION FOR A
MOTOR VEHICLE DRIVER'S LICENSE, DRIVER'S LICENSE RENEWAL OR AN IDENTIFI-
CATION CARD IF SUCH CARD IS ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES
IN ITS NORMAL COURSE OF BUSINESS.
2. THE DEPARTMENT OF MOTOR VEHICLES, WITH THE APPROVAL OF THE STATE
BOARD OF ELECTIONS, SHALL DESIGN A FORM OR FORMS WHICH SHALL, IN ADDI-
TION TO ELICITING SUCH INFORMATION AS MAY BE REQUIRED BY THE DEPARTMENT
OF MOTOR VEHICLES FOR A DRIVER'S LICENSE, A DRIVER'S LICENSE RENEWAL, A
CHANGE OF ADDRESS NOTIFICATION OR AN IDENTIFICATION CARD, SERVE AS AN
APPLICATION FOR REGISTRATION AND ENROLLMENT, OR A REGISTRATION NECESSI-
TATED BY A CHANGE OF RESIDENCE. ONLY ONE SIGNATURE SHALL BE REQUIRED TO
MEET THE CERTIFICATION AND ATTESTATION NEEDS OF THE PORTION OF THE FORM
PERTAINING TO THE APPLICATION FOR A DRIVER'S LICENSE, A DRIVER'S LICENSE
RENEWAL, A CHANGE OF ADDRESS NOTIFICATION OR AN IDENTIFICATION CARD, AND
THE PORTION OF THE FORM PERTAINING TO VOTER REGISTRATION AND ENROLLMENT.
THE COST OF SUCH FORMS SHALL BE BORNE BY THE DEPARTMENT OF MOTOR VEHI-
CLES.
3. THE VOTER REGISTRATION PORTION OF SUCH FORM SHALL:
(A) NOT REQUIRE ANY INFORMATION THAT DUPLICATES THE INFORMATION
REQUIRED ON THE APPLICATION FOR THE DRIVER LICENSE PORTION AND SHALL
REQUIRE ONLY SUCH ADDITIONAL INFORMATION AS WILL ENABLE ELECTION OFFI-
CIALS TO ASSESS THE APPLICANT'S ELIGIBILITY TO REGISTER TO VOTE, PREVENT
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DUPLICATE REGISTRATION AND TO ADMINISTER VOTER REGISTRATION AND OTHER
PARTS OF THE ELECTION PROCESS;
(B) INCLUDE A STATEMENT OF THE ELIGIBILITY REQUIREMENTS FOR VOTER
REGISTRATION AND SHALL REQUIRE THE APPLICANT TO ATTEST BY HIS OR HER
SIGNATURE THAT HE OR SHE MEETS THOSE REQUIREMENTS UNDER PENALTY OF
PERJURY UNLESS SUCH APPLICANT DECLINES SUCH REGISTRATION;
(C) INFORM THE APPLICANT, IN PRINT IDENTICAL TO THAT USED IN THE
ATTESTATION SECTION OF THE FOLLOWING:
(I) VOTER ELIGIBILITY REQUIREMENTS;
(II) PENALTIES FOR SUBMISSION OF FALSE REGISTRATION APPLICATION;
(III) THAT THE OFFICE WHERE APPLICANT REGISTERS SHALL REMAIN CONFIDEN-
TIAL AND THE INFORMATION BE USED ONLY FOR VOTER REGISTRATION PURPOSES;
(IV) IF THE APPLICANT DECLINES TO REGISTER, SUCH APPLICANT'S DECLINA-
TION SHALL REMAIN CONFIDENTIAL AND BE USED ONLY FOR VOTER REGISTRATION
PURPOSES;
(D) INCLUDE A BOX FOR THE APPLICANT TO CHECK TO INDICATE WHETHER THE
APPLICANT WOULD LIKE TO DECLINE TO REGISTER TO VOTE ALONG WITH THE
STATEMENT IN PROMINENT TYPE, "IF YOU DO NOT CHECK THIS BOX, YOU PROVIDE
YOUR SIGNATURE ON THE SPACE PROVIDED BELOW, AND YOU ARE AT LEAST 18
YEARS OF AGE OR OLDER, YOU WILL HAVE PERSONALLY APPLIED TO REGISTER TO
VOTE AT THIS TIME.";
(E) INCLUDE A SPACE FOR THE APPLICANT TO INDICATE HIS OR HER CHOICE OF
PARTY ENROLLMENT, WITH A CLEAR ALTERNATIVE PROVIDED FOR THE APPLICANT TO
DECLINE TO AFFILIATE WITH ANY PARTY;
(F) INCLUDE THE STATEMENT, "IF YOU WOULD LIKE HELP IN FILLING OUT THE
VOTER REGISTRATION APPLICATION FORM, WE WILL HELP YOU. THE DECISION
WHETHER TO SEEK OR ACCEPT HELP IS YOURS. YOU MAY FILL OUT THE APPLICA-
TION FORM IN PRIVATE.";
(G) INCLUDE THE STATEMENT, "IF YOU BELIEVE THAT SOMEONE HAS INTERFERED
WITH YOUR RIGHT TO REGISTER OR DECLINE TO REGISTER TO VOTE, YOUR RIGHT
TO PRIVACY IN DECIDING WHETHER TO REGISTER OR IN APPLYING TO REGISTER TO
VOTE, OR YOUR RIGHT TO CHOOSE YOUR OWN POLITICAL PARTY OR OTHER POLI-
TICAL PREFERENCE, YOU MAY FILE A COMPLAINT WITH THE STATE BOARD OF
ELECTIONS (ADDRESS AND TOLL FREE TELEPHONE NUMBER).";
(H) INCLUDE A TOLL FREE NUMBER AT THE STATE BOARD OF ELECTIONS THAT
CAN BE CALLED FOR ANSWERS TO REGISTRATION QUESTIONS; AND
(I) INCLUDE ANY OTHER INFORMATION THAT IS NECESSARY TO COMPLY WITH THE
REQUIREMENTS OF THE NATIONAL VOTER REGISTRATION ACT.
4. THE DEPARTMENT OF MOTOR VEHICLES SHALL TRANSMIT THAT PORTION OF THE
FORM WHICH CONSTITUTES THE COMPLETED APPLICATION FOR REGISTRATION OR
CHANGE OF ADDRESS FORM TO THE APPROPRIATE BOARD OF ELECTIONS NOT LATER
THAN TEN DAYS AFTER RECEIPT EXCEPT THAT ALL SUCH COMPLETED APPLICATIONS
AND FORMS RECEIVED BY SUCH DEPARTMENT BETWEEN THE THIRTIETH AND TWENTY-
FIFTH DAY BEFORE AN ELECTION SHALL BE TRANSMITTED IN SUCH MANNER AND AT
SUCH TIME AS TO ASSURE THEIR RECEIPT BY SUCH BOARD OF ELECTIONS NOT
LATER THAN THE TWENTIETH DAY BEFORE SUCH ELECTION. ALL TRANSMITTALS
SHALL INCLUDE ORIGINAL SIGNATURES.
5. COMPLETED APPLICATION FORMS RECEIVED BY THE DEPARTMENT OF MOTOR
VEHICLES NOT LATER THAN THE TWENTY-FIFTH DAY BEFORE THE NEXT ENSUING
PRIMARY, GENERAL OR SPECIAL ELECTION AND TRANSMITTED BY SUCH DEPARTMENT
TO THE APPROPRIATE BOARD OF ELECTIONS SO THAT THEY ARE RECEIVED NOT
LATER THAN THE TWENTIETH DAY BEFORE SUCH ELECTION SHALL ENTITLE THE
APPLICANT TO VOTE IN SUCH ELECTION PROVIDED THE BOARD DETERMINES THAT
THE APPLICANT IS OTHERWISE QUALIFIED.
6. DISCLOSURE OF VOTER REGISTRATION INFORMATION, INCLUDING A DECLINA-
TION TO REGISTER, BY THE DEPARTMENT OF MOTOR VEHICLES, ITS AGENTS OR
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EMPLOYEES, FOR OTHER THAN VOTER REGISTRATION PURPOSES, SHALL BE DEEMED
AN UNWARRANTED INVASION OF PERSONAL PRIVACY PURSUANT TO THE PROVISIONS
OF SUBDIVISION TWO OF SECTION EIGHTY-NINE OF THE PUBLIC OFFICERS LAW AND
SHALL CONSTITUTE A VIOLATION OF THIS CHAPTER.
7. APPLICATION FORMS SHALL BE PROCESSED BY THE BOARD OF ELECTIONS IN
THE MANNER PRESCRIBED BY SECTION 5-210 OF THIS TITLE OR, IF THE APPLI-
CANT IS ALREADY REGISTERED TO VOTE FROM ANOTHER ADDRESS IN SUCH COUNTY
OR CITY, IN THE MANNER PRESCRIBED BY SECTION 5-208 OF THIS TITLE. THE
BOARD SHALL SEND THE APPROPRIATE NOTICE OF APPROVAL OR REJECTION AS
REQUIRED BY EITHER SUBDIVISION NINE OF SUCH SECTION 5-210 OR SUBDIVISION
FIVE OF SUCH SECTION 5-208.
8. STRICT NEUTRALITY WITH RESPECT TO A PERSON'S PARTY ENROLLMENT SHALL
BE MAINTAINED AND ALL PERSONS SEEKING VOTER REGISTRATION FORMS AND
INFORMATION SHALL BE ADVISED THAT GOVERNMENT SERVICES ARE NOT CONDI-
TIONED ON BEING REGISTERED TO VOTE.
9. NO STATEMENT SHALL BE MADE NOR ANY ACTION TAKEN TO DISCOURAGE THE
APPLICANT FROM REGISTERING TO VOTE.
10. THE DEPARTMENT OF MOTOR VEHICLES SHALL PROVIDE TO EACH PERSON WHO
CHOOSES TO REGISTER TO VOTE THE SAME LEVEL OF ASSISTANCE PROVIDED TO
PERSONS IN CONNECTION WITH THE COMPLETION OF THE AGENCY'S REQUISITE
INFORMATION, UNLESS SUCH PERSON REFUSES SUCH ASSISTANCE.
11. THE STATE BOARD SHALL ADOPT SUCH RULES AND REGULATIONS AS MAY BE
NECESSARY TO CARRY OUT THE REQUIREMENTS OF THIS SECTION. THE BOARD SHALL
ALSO ADOPT SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO REQUIRE
COUNTY BOARDS AND THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE THE STATE
BOARD WITH SUCH INFORMATION AND DATA AS THE BOARD DEEMS NECESSARY TO
ASSESS COMPLIANCE WITH THIS SECTION AND TO COMPILE SUCH STATISTICS AS
MAY BE REQUIRED BY THE FEDERAL ELECTIONS COMMISSION.
12. THE STATE BOARD SHALL DEVELOP AND DISTRIBUTE PUBLIC INFORMATION
AND PROMOTIONAL MATERIALS RELATING TO THE PURPOSES AND IMPLEMENTATION OF
THIS PROGRAM.
13. THE STATE BOARD SHALL PREPARE AND DISTRIBUTE TO THE DEPARTMENT OF
MOTOR VEHICLES WRITTEN INSTRUCTIONS AS TO THE IMPLEMENTATION OF THE
PROGRAM AND SHALL BE RESPONSIBLE FOR ESTABLISHING TRAINING PROGRAMS FOR
EMPLOYEES OF THE DEPARTMENT OF MOTOR VEHICLES INVOLVED IN SUCH PROGRAM.
14. THE COMMISSIONER OF MOTOR VEHICLES SHALL TAKE ALL ACTIONS WHICH
ARE NECESSARY AND PROPER FOR THE IMPLEMENTATION OF THIS SECTION. THE
COMMISSIONER OF MOTOR VEHICLES SHALL DESIGNATE ONE PERSON WITHIN THE
AGENCY AS THE AGENCY VOTER REGISTRATION COORDINATOR WHO WILL, UNDER THE
DIRECTION OF THE STATE BOARD OF ELECTIONS, BE RESPONSIBLE FOR THE VOTER
REGISTRATION PROGRAM IN SUCH AGENCY.
15. NOTWITHSTANDING SUBDIVISION SIX OF SECTION 5-210 OF THIS TITLE AND
ANY OTHER LAW TO THE CONTRARY, AN APPLICANT WHO IS LESS THAN EIGHTEEN
YEARS OF AGE WHO IMPROPERLY FAILS TO DECLINE TO VOTE IN ACCORDANCE WITH
THE PROVISIONS OF THIS SECTION SHALL NOT BE GUILTY OF ANY CRIME AS THE
RESULT OF THE APPLICANT'S FAILURE TO MAKE SUCH DECLINATION.
§ 2. Paragraph (a) of subdivision 2 of section 5-712 of the election
law, as amended by chapter 200 of the laws of 1996, is amended to read
as follows:
(a) The board of elections shall also send a confirmation notice to
every registered voter for whom it receives a notice of change of
address to an address not in such city or county which is not signed by
the voter. Such change of address notices shall include, but not be
limited to, notices of change of address received pursuant to subdivi-
sion eleven of section 5-211 and subdivision [six] FOUR of section 5-212
of this article, notice of change of address from the United States
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Postal Service through the National Change of Address System or from any
other agency of the federal government or any agency of any state or
local government and notice of a forwarding address on mail sent to a
voter by the board of elections and returned by the postal service. Such
confirmation notices shall be sent to such new address.
§ 3. Subdivision 5 of section 5-210 of the election law is amended by
adding a new paragraph (n) to read as follows:
(N) THE FORM OF APPLICATION REQUIRED BY SECTION 5-212 OF THIS TITLE
SHALL BE DEEMED TO MEET THE REQUIREMENTS OF THIS SECTION.
§ 4. Subdivision 27 of section 1-104 of the election law is amended to
read as follows:
27. The term "personal application" means a signed writing which may
be delivered by mailing [or], in person, OR ELECTRONICALLY.
§ 5. Section 3-400 of the election law is amended by adding a new
subdivision 9 to read as follows:
9. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THIS ARTICLE,
ELECTION INSPECTORS OR POLL CLERKS, IF ANY, AT POLLING PLACES FOR EARLY
VOTING, SHALL CONSIST OF EITHER BOARD OF ELECTIONS EMPLOYEES WHO SHALL
BE APPOINTED BY THE COMMISSIONERS OF SUCH BOARD OR DULY QUALIFIED INDI-
VIDUALS, APPOINTED IN THE MANNER SET FORTH IN THIS SECTION. APPOINTMENTS
TO THE OFFICES OF ELECTION INSPECTOR OR POLL CLERK IN EACH POLLING PLACE
FOR EARLY VOTING SHALL BE EQUALLY DIVIDED BETWEEN THE MAJOR POLITICAL
PARTIES. THE BOARD OF ELECTIONS SHALL ASSIGN STAFF AND PROVIDE THE
RESOURCES THEY REQUIRE TO ENSURE WAIT TIMES AT EARLY VOTING SITES DO NOT
EXCEED THIRTY MINUTES.
§ 6. Section 4-117 of the election law is amended by adding a new
subdivision 1-a to read as follows:
1-A. THE NOTICE REQUIRED BY SUBDIVISION ONE OF THIS SECTION SHALL
INCLUDE THE DATES, HOURS AND LOCATIONS OF EARLY VOTING FOR THE GENERAL
AND PRIMARY ELECTION. THE BOARD OF ELECTIONS MAY SATISFY THE NOTICE
REQUIREMENT OF THIS SUBDIVISION BY PROVIDING IN THE NOTICE INSTRUCTIONS
TO OBTAIN THE REQUIRED EARLY VOTING INFORMATION FROM A WEBSITE OF THE
BOARD OF ELECTIONS AND PROVIDING A PHONE NUMBER TO CALL FOR SUCH INFOR-
MATION.
§ 7. Subdivision 2 of section 8-100 of the election law, as amended by
chapter 367 of the laws of 2017, is amended to read as follows:
2. Polls shall be open for voting during the following hours: a prima-
ry election from twelve o'clock noon until nine o'clock in the evening,
except in the city of New York and the counties of Nassau, Suffolk,
Westchester, Rockland, Orange, Putnam, Dutchess and Erie, and in such
city or county from six o'clock in the morning until nine o'clock in the
evening; the general election from six o'clock in the morning until nine
o'clock in the evening; a special election called by the governor pursu-
ant to the public officers law, and, except as otherwise provided by
law, every other election, from six o'clock in the morning until nine
o'clock in the evening; EARLY VOTING HOURS SHALL BE AS PROVIDED IN
SECTION 8-600 OF THIS ARTICLE.
§ 8. Subdivision 1 of section 8-102 of the election law is amended by
adding a new paragraph (k) to read as follows:
(K) VOTING AT EACH POLLING PLACE FOR EARLY VOTING SHALL BE CONDUCTED
IN A MANNER CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE, WITH THE
EXCEPTION OF THE TABULATION AND PROCLAMATION OF ELECTION RESULTS WHICH
SHALL BE COMPLETED ACCORDING TO SUBDIVISIONS EIGHT AND NINE OF SECTION
8-600 OF THIS ARTICLE.
§ 9. Section 8-104 of the election law is amended by adding a new
subdivision 7 to read as follows:
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7. THIS SECTION SHALL APPLY ON ALL EARLY VOTING DAYS AS PROVIDED FOR
IN SECTION 8-600 OF THIS ARTICLE.
§ 10. Paragraph (b) of subdivision 2 of section 8-508 of the election
law, as amended by chapter 200 of the laws of 1996, is amended to read
as follows:
(b) The second section of such report shall be reserved for the board
of inspectors to enter the name, address and registration serial number
of each person who is challenged on the day of election OR ON ANY DAY IN
WHICH THERE IS EARLY VOTING PURSUANT TO SECTION 8-600 OF THIS ARTICLE,
together with the reason for the challenge. If no voters are chal-
lenged, the board of inspectors shall enter the words "No Challenges"
across the space reserved for such names. In lieu of preparing section
two of the challenge report, the board of elections may provide, next to
the name of each voter on the computer generated registration list, a
place for the inspectors of election to record the information required
to be entered in such section two, or provide at the end of such comput-
er generated registration list, a place for the inspectors of election
to enter such information.
§ 11. Article 8 of the election law is amended by adding a new title 6
to read as follows:
TITLE VI
EARLY VOTING
SECTION 8-600. EARLY VOTING.
8-602. STATE BOARD OF ELECTIONS; POWERS AND DUTIES FOR EARLY
VOTING.
§ 8-600. EARLY VOTING. 1. BEGINNING THE THIRTEENTH DAY PRIOR TO ANY
GENERAL, PRIMARY OR SPECIAL ELECTION FOR ANY PUBLIC OR PARTY OFFICE, AND
ENDING ON AND INCLUDING THE SECOND DAY PRIOR TO SUCH GENERAL, PRIMARY OR
SPECIAL ELECTION FOR SUCH PUBLIC OR PARTY OFFICE, PERSONS DULY REGIS-
TERED AND ELIGIBLE TO VOTE AT SUCH ELECTION SHALL BE PERMITTED TO VOTE
AS PROVIDED IN THIS TITLE. THE BOARD OF ELECTIONS OF EACH COUNTY AND
THE CITY OF NEW YORK SHALL ESTABLISH PROCEDURES, SUBJECT TO APPROVAL OF
THE STATE BOARD OF ELECTIONS, TO ENSURE THAT PERSONS WHO VOTE DURING THE
EARLY VOTING PERIOD SHALL NOT BE PERMITTED TO VOTE SUBSEQUENTLY IN THE
SAME ELECTION.
2. (A) THE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF NEW YORK
SHALL DESIGNATE POLLING PLACES FOR EARLY VOTING IN EACH COUNTY, WHICH
MAY INCLUDE THE OFFICES OF THE BOARD OF ELECTIONS, FOR PERSONS TO VOTE
EARLY PURSUANT TO THIS SECTION. THERE SHALL BE SO DESIGNATED AT LEAST
ONE EARLY VOTING POLLING PLACE FOR EVERY FULL INCREMENT OF FIFTY THOU-
SAND REGISTERED VOTERS IN EACH COUNTY; PROVIDED, HOWEVER, THE NUMBER OF
EARLY VOTING POLLING PLACES IN A COUNTY SHALL NOT BE REQUIRED TO BE
GREATER THAN SEVEN, AND A COUNTY WITH FEWER THAN FIFTY THOUSAND VOTERS
SHALL HAVE AT LEAST ONE EARLY VOTING POLLING PLACE.
(B) THE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF NEW YORK MAY
ESTABLISH ADDITIONAL POLLING PLACES FOR EARLY VOTING IN EXCESS OF THE
MINIMUM NUMBER REQUIRED BY THIS SUBDIVISION FOR THE CONVENIENCE OF
ELIGIBLE VOTERS WISHING TO VOTE DURING THE EARLY VOTING PERIOD.
(C) NOTWITHSTANDING THE MINIMUM NUMBER OF EARLY VOTING POLL SITES
OTHERWISE REQUIRED BY THIS SUBDIVISION, FOR ANY PRIMARY OR SPECIAL
ELECTION, UPON MAJORITY VOTE OF THE BOARD OF ELECTIONS, THE NUMBER OF
EARLY VOTING SITES MAY BE REDUCED IF THE BOARD OF ELECTIONS REASONABLY
DETERMINES A LESSER NUMBER OF SITES IS SUFFICIENT TO MEET THE NEEDS OF
EARLY VOTERS.
(D) POLLING PLACES FOR EARLY VOTING SHALL BE LOCATED TO ENSURE, TO THE
EXTENT PRACTICABLE, THAT ELIGIBLE VOTERS HAVE ADEQUATE EQUITABLE ACCESS,
S. 7510 9 A. 9510
TAKING INTO CONSIDERATION POPULATION DENSITY, TRAVEL TIME TO THE POLLING
PLACE, PROXIMITY TO OTHER LOCATIONS OR COMMONLY USED TRANSPORTATION
ROUTES AND SUCH OTHER FACTORS THE BOARD OF ELECTIONS OF THE COUNTY OR
THE CITY OF NEW YORK DEEMS APPROPRIATE. THE PROVISIONS OF SECTION 4-104
OF THIS CHAPTER, EXCEPT SUBDIVISIONS FOUR AND FIVE OF SUCH SECTION,
SHALL APPLY TO THE DESIGNATION OF POLLING PLACES FOR EARLY VOTING EXCEPT
TO THE EXTENT SUCH PROVISIONS ARE INCONSISTENT WITH THIS SECTION.
3. ANY PERSON PERMITTED TO VOTE EARLY MAY DO SO AT ANY POLLING PLACE
FOR EARLY VOTING ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
IN THE COUNTY WHERE SUCH VOTER IS REGISTERED TO VOTE. PROVIDED, HOWEVER,
(I) IF IT IS IMPRACTICAL TO PROVIDE EACH POLLING PLACE FOR EARLY VOTING
ALL APPROPRIATE BALLOTS FOR EACH ELECTION TO BE VOTED ON IN THE COUNTY,
OR (II) IF PERMITTING SUCH PERSONS TO VOTE EARLY AT ANY POLLING PLACE
ESTABLISHED FOR EARLY VOTING WOULD MAKE IT IMPRACTICAL TO ENSURE THAT
SUCH VOTER HAS NOT PREVIOUSLY VOTED EARLY DURING SUCH ELECTION, THE
BOARD OF ELECTIONS MAY DESIGNATE EACH POLLING PLACE FOR EARLY VOTING
ONLY FOR THOSE VOTERS REGISTERED TO VOTE IN A PORTION OF THE COUNTY TO
BE SERVED BY SUCH POLLING PLACE FOR EARLY VOTING, PROVIDED THAT ALL
VOTERS IN EACH COUNTY SHALL HAVE ONE OR MORE POLLING PLACES AT WHICH
THEY ARE ELIGIBLE TO VOTE THROUGHOUT THE EARLY VOTING PERIOD ON A
SUBSTANTIALLY EQUAL BASIS.
4. (A) POLLS SHALL BE OPEN FOR EARLY VOTING FOR AT LEAST EIGHT HOURS
BETWEEN SEVEN O'CLOCK IN THE MORNING AND EIGHT O'CLOCK IN THE EVENING
EACH WEEK DAY DURING THE EARLY VOTING PERIOD.
(B) AT LEAST ONE POLLING PLACE FOR EARLY VOTING SHALL REMAIN OPEN
UNTIL EIGHT O'CLOCK IN THE EVENING ON AT LEAST TWO WEEK DAYS IN EACH
CALENDAR WEEK DURING THE EARLY VOTING PERIOD. IF POLLING PLACES FOR
EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS PURSUANT TO SUBDI-
VISION THREE OF THIS SECTION, POLLING PLACES THAT REMAIN OPEN UNTIL
EIGHT O'CLOCK SHALL BE DESIGNATED SUCH THAT ANY PERSON ENTITLED TO VOTE
EARLY MAY VOTE UNTIL EIGHT O'CLOCK IN THE EVENING ON AT LEAST TWO WEEK
DAYS DURING THE EARLY VOTING PERIOD.
(C) POLLS SHALL BE OPEN FOR EARLY VOTING FOR AT LEAST FIVE HOURS
BETWEEN NINE O'CLOCK IN THE MORNING AND SIX O'CLOCK IN THE EVENING ON
EACH SATURDAY, SUNDAY AND LEGAL HOLIDAY DURING THE EARLY VOTING PERIOD.
(D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT ANY BOARD
OF ELECTIONS FROM ESTABLISHING A GREATER NUMBER OF HOURS FOR VOTING
DURING THE EARLY VOTING PERIOD BEYOND THE NUMBER OF HOURS REQUIRED IN
THIS SUBDIVISION.
(E) EARLY VOTING POLLING PLACES AND THEIR HOURS OF OPERATION FOR EARLY
VOTING AT A GENERAL ELECTION SHALL BE DESIGNATED BY MAY FIRST OF EACH
YEAR PURSUANT TO SUBDIVISION ONE OF SECTION 4-104 OF THIS CHAPTER.
NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF SECTION 4-104 OF
THIS CHAPTER REQUIRING POLL SITE DESIGNATION BY MAY FIRST, EARLY VOTING
POLLING PLACES AND THEIR HOURS OF OPERATION FOR EARLY VOTING FOR A
PRIMARY OR SPECIAL ELECTION SHALL BE MADE NOT LATER THAN FORTY-FIVE DAYS
BEFORE SUCH PRIMARY OR SPECIAL ELECTION.
5. EACH BOARD OF ELECTIONS SHALL CREATE A COMMUNICATION PLAN TO INFORM
ELIGIBLE VOTERS OF THE OPPORTUNITY TO VOTE EARLY. SUCH PLAN MAY UTILIZE
ANY AND ALL MEDIA OUTLETS, INCLUDING SOCIAL MEDIA, AND SHALL PUBLICIZE:
THE LOCATION AND DATES AND HOURS OF OPERATION OF ALL POLLING PLACES FOR
EARLY VOTING; AN INDICATION OF WHETHER EACH POLLING PLACE IS ACCESSIBLE
TO VOTERS WITH PHYSICAL DISABILITIES; A CLEAR AND UNAMBIGUOUS NOTICE TO
VOTERS THAT IF THEY CAST A BALLOT DURING THE EARLY VOTING PERIOD THEY
WILL NOT BE ALLOWED TO VOTE ELECTION DAY; AND IF POLLING PLACES FOR
EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS PURSUANT TO SUBDI-
S. 7510 10 A. 9510
VISION THREE OF THIS SECTION, THE LOCATION OF THE POLLING PLACES FOR
EARLY VOTING SERVING THE VOTERS OF EACH PARTICULAR CITY, TOWN OR OTHER
POLITICAL SUBDIVISION.
6. THE FORM OF PAPER BALLOTS USED IN EARLY VOTING SHALL COMPLY WITH
THE PROVISIONS OF ARTICLE SEVEN OF THIS CHAPTER THAT ARE APPLICABLE TO
VOTING BY PAPER BALLOT ON ELECTION DAY AND SUCH BALLOT SHALL BE CAST IN
THE SAME MANNER AS PROVIDED FOR IN SECTION 8-312 OF THIS ARTICLE,
PROVIDED, HOWEVER, THAT BALLOTS CAST DURING THE EARLY VOTING PERIOD
SHALL BE SECURED IN THE MANNER OF VOTED BALLOTS CAST ON ELECTION DAY AND
SUCH BALLOTS SHALL NOT BE CANVASSED OR EXAMINED UNTIL AFTER THE CLOSE OF
THE POLLS ON ELECTION DAY, AND NO UNOFFICIAL TABULATIONS OF ELECTION
RESULTS SHALL BE PRINTED OR VIEWED IN ANY MANNER UNTIL AFTER THE CLOSE
OF POLLS ON ELECTION DAY.
7. VOTERS CASTING BALLOTS PURSUANT TO THIS TITLE SHALL BE SUBJECT TO
CHALLENGE AS PROVIDED IN SECTIONS 8-500, 8-502 AND 8-504 OF THIS ARTI-
CLE.
8. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, AT THE END OF
EACH DAY OF EARLY VOTING, ANY EARLY VOTING BALLOTS THAT HAVE NOT BEEN
SCANNED BECAUSE A BALLOT SCANNER WAS NOT AVAILABLE OR BECAUSE THE BALLOT
HAS BEEN ABANDONED BY THE VOTER AT THE BALLOT SCANNER SHALL BE CAST IN A
MANNER CONSISTENT WITH SECTION 9-110 OF THIS CHAPTER, EXCEPT THAT ANY
BALLOTS THAT WOULD OTHERWISE BE SCANNED AT THE CLOSE OF THE POLLS PURSU-
ANT TO SUCH SECTION SHALL BE SCANNED AT THE CLOSE OF EACH DAY'S EARLY
VOTING.
9. THE BOARD OF ELECTIONS SHALL SECURE ALL BALLOTS AND SCANNERS USED
FOR EARLY VOTING FROM THE BEGINNING OF THE EARLY VOTING PERIOD THROUGH
THE CLOSE OF THE POLLS OF THE ELECTION ON ELECTION DAY. AS SOON AS THE
POLLS OF THE ELECTION ARE CLOSED ON ELECTION DAY, AND NOT BEFORE,
INSPECTORS OR BOARD OF ELECTIONS EMPLOYEES SHALL FOLLOW ALL RELEVANT
PROVISIONS OF ARTICLE NINE OF THIS CHAPTER THAT ARE NOT INCONSISTENT
WITH THIS SECTION, FOR CANVASSING, PROCESSING, RECORDING, AND ANNOUNCING
RESULTS OF VOTING AT POLLING PLACES FOR EARLY VOTING, AND SECURING
BALLOTS, SCANNERS, AND OTHER ELECTION MATERIALS.
§ 8-602. STATE BOARD OF ELECTIONS; POWERS AND DUTIES FOR EARLY VOTING.
ANY RULE OR REGULATION NECESSARY FOR THE IMPLEMENTATION OF THE
PROVISIONS OF THIS TITLE SHALL BE PROMULGATED BY THE STATE BOARD OF
ELECTIONS PROVIDED THAT SUCH RULES AND REGULATIONS SHALL INCLUDE
PROVISIONS TO ENSURE THAT BALLOTS CAST EARLY, BY ANY METHOD ALLOWED
UNDER LAW, ARE COUNTED AND CANVASSED AS IF CAST ON ELECTION DAY. THE
STATE BOARD OF ELECTIONS SHALL PROMULGATE ANY OTHER RULES AND REGU-
LATIONS NECESSARY TO ENSURE AN EFFICIENT AND FAIR EARLY VOTING PROCESS
THAT RESPECTS THE PRIVACY OF THE VOTER. PROVIDED, FURTHER, THAT SUCH
RULES AND REGULATIONS SHALL REQUIRE THAT THE VOTING HISTORY RECORD FOR
EACH VOTER BE CONTINUALLY UPDATED TO REFLECT EACH INSTANCE OF EARLY
VOTING BY SUCH VOTER.
§ 12. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to any
election held 120 days or more after it shall have taken effect;
provided, however that sections one, two, three and four of this act
shall take effect April 1, 2019.
PART C
Section 1. The public officers law is amended by adding a new section
74-b to read as follows:
S. 7510 11 A. 9510
§ 74-B. DUTY OF MEMBERS OF THE LEGISLATURE REGARDING OUTSIDE EMPLOY-
MENT. A MEMBER OF THE LEGISLATURE, WHO OBTAINS OUTSIDE EMPLOYMENT AS
DEFINED IN THIS SECTION, SHALL REQUEST A FORMAL ADVISORY OPINION FROM
THE LEGISLATIVE ETHICS COMMISSION PURSUANT TO THE PROVISIONS OF SECTION
EIGHTY OF THE LEGISLATIVE LAW ON WHETHER THE OUTSIDE EMPLOYMENT VIOLATES
THE PROVISIONS OF SECTION SEVENTY-FOUR OF THIS ARTICLE AND THE COMMIS-
SION SHALL PROVIDE AN OPINION. FOR PURPOSES OF THIS SECTION, "OUTSIDE
EMPLOYMENT" MEANS COMPENSATION IN EXCESS OF FIVE THOUSAND DOLLARS PER
YEAR, OTHER THAN COMPENSATION PROVIDED PURSUANT TO SECTIONS FIVE AND
FIVE-A OF THE LEGISLATIVE LAW, FROM EMPLOYMENT FOR SERVICES RENDERED OR
GOODS SOLD DURING THE MEMBER'S TERM.
§ 2. Subdivision 1 of section 80 of the legislative law, as amended by
section 9 of part A of chapter 399 of the laws of 2011, is amended to
read as follows:
1. There is established a legislative ethics commission which shall
consist of [nine] TEN members. Four members shall be members of the
legislature and shall be appointed as follows: one by the temporary
president of the senate, one by the speaker of the assembly, one by the
minority leader of the senate and one by the minority leader of the
assembly. ONE OF THE SIX REMAINING MEMBERS MUST BE APPOINTED BY THE
OFFICE OF COURT ADMINISTRATION, AND SHALL BE THE CHIEF ADMINISTRATIVE
LAW JUDGE OR HIS OR HER DESIGNEE AND SHALL BE APPOINTED ONLY FOR THE
PURPOSE OF REVIEWING AND RESPONDING TO REQUESTS FOR FORMAL ADVISORY
OPINIONS ON OUTSIDE INCOME. The remaining five members shall not be
present or former members of the legislature, candidates for member of
the legislature, employees of the legislature, political party chairmen
as defined in paragraph (k) of subdivision one of section seventy-three
of the public officers law, or lobbyists, as defined in section one-c of
this chapter, or persons who have been employees of the legislature,
political party chairmen as defined in paragraph (k) of subdivision one
of section seventy-three of the public officers law, or lobbyists, as
defined in section one-c of this chapter in the previous five years, and
shall be appointed as follows: one by the temporary president of the
senate, one by the speaker of the assembly, one by the minority leader
of the senate, one by the minority leader of the assembly, and one
jointly by the speaker of the assembly and majority leader of the
senate. The commission shall serve as described in this section and have
and exercise the powers and duties set forth in this section only with
respect to members of the legislature, legislative employees as defined
in section seventy-three of the public officers law, candidates for
member of the legislature and individuals who have formerly held such
positions or who have formerly been such candidates.
§ 3. This act shall take effect immediately.
PART D
Section 1. Section 14-116 of the election law, subdivision 1 as redes-
ignated 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:
§ 14-116. Political contributions by certain organizations. 1. No
corporation [or], LIMITED LIABILITY COMPANY, joint-stock association OR
OTHER CORPORATE ENTITY doing business in this state, except a corpo-
ration 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,
S. 7510 12 A. 9510
LIMITED LIABILITY COMPANY, joint-stock [or other] association, OR OTHER
CORPORATE ENTITY 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, MEMBER, OWNER, attorney or
agent of any corporation [or], LIMITED LIABILITY COMPANY, joint-stock
association OR OTHER CORPORATE ENTITY 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 know-
ingly 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, ANY LIMITED LIABILITY COMPANY OR OTHER CORPO-
RATE ENTITY may make expenditures, including contributions, not other-
wise prohibited by law, for political purposes, in an amount not to
exceed five thousand dollars in the aggregate in any calendar year;
provided that no public utility shall use revenues received from the
rendition of public service within the state for contributions for poli-
tical purposes unless such cost is charged to the shareholders of such a
public service corporation.
3. EACH LIMITED LIABILITY COMPANY THAT MAKES AN EXPENDITURE FOR POLI-
TICAL PURPOSES SHALL FILE WITH THE STATE BOARD OF ELECTIONS, BY DECEMBER
THIRTY-FIRST OF THE YEAR IN WHICH THE EXPENDITURE IS MADE, ON THE FORM
PRESCRIBED BY THE STATE BOARD OF ELECTIONS, THE IDENTITY OF ALL DIRECT
AND INDIRECT OWNERS OF THE MEMBERSHIP INTERESTS IN THE LIMITED LIABILITY
COMPANY AND THE PROPORTION OF EACH DIRECT OR INDIRECT MEMBER'S OWNERSHIP
INTEREST IN THE LIMITED LIABILITY COMPANY.
§ 2. Section 14-120 of the election law is amended by adding a new
subdivision 3 to read as follows:
3. (A) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ALL CONTRIBUTIONS MADE
TO A CAMPAIGN OR POLITICAL COMMITTEE BY A LIMITED LIABILITY COMPANY
SHALL BE ATTRIBUTED TO EACH MEMBER OF THE LIMITED LIABILITY COMPANY IN
PROPORTION TO THE MEMBER'S OWNERSHIP INTEREST IN THE LIMITED LIABILITY
COMPANY.
(B) IF, BY APPLICATION OF PARAGRAPH (A) OF THIS SUBDIVISION, A
CAMPAIGN CONTRIBUTION IS ATTRIBUTED TO A LIMITED LIABILITY COMPANY, THE
CONTRIBUTIONS SHALL BE FURTHER ATTRIBUTED TO EACH MEMBER OF THE LIMITED
LIABILITY COMPANY IN PROPORTION TO THE MEMBER'S OWNERSHIP INTEREST IN
THE LIMITED LIABILITY COMPANY.
(C) THE STATE BOARD OF ELECTIONS SHALL ENACT REGULATIONS THAT PREVENT
THE AVOIDANCE OF THE RULES SET FORTH IN PARAGRAPH (A) AND (B) OF THIS
SUBDIVISION.
§ 3. This act shall take effect immediately.
PART E
Section 1. Subdivision 1 of section 94 of the executive law, as
amended by section 6 of part A of chapter 399 of the laws of 2011, is
amended to read as follows:
1. There is established within the department of state a joint commis-
sion on public ethics which shall consist of fourteen members and shall
have and exercise the powers and duties set forth in this section with
respect to statewide elected officials, members of the legislature and
employees of the legislature, and state officers and employees, as
S. 7510 13 A. 9510
defined in sections seventy-three and seventy-three-a of the public
officers law, candidates for statewide elected office and for the senate
or assembly, and the political party chairman as that term is defined in
section seventy-three-a of the public officers law, lobbyists and the
clients of lobbyists as such terms are defined in article one-A of the
legislative law, and individuals who have formerly held such positions,
were lobbyists or clients of lobbyists, as such terms are defined in
article one-A of the legislative law, or who have formerly been such
candidates. THE COMMISSION SHALL ALSO HAVE AND EXERCISE THE POWERS SET
FORTH IN THIS SECTION WITH RESPECT TO COVERED MUNICIPAL OFFICERS AS SUCH
TERM IS DEFINED IN SECTION EIGHT HUNDRED TEN OF THE GENERAL MUNICIPAL
LAW, PROVIDED, HOWEVER, THAT THE JURISDICTION OF THE JOINT COMMISSION ON
PUBLIC ETHICS WITH RESPECT TO SUCH COVERED MUNICIPAL OFFICERS SHALL BE
LIMITED TO THE PROVISIONS OF THIS SECTION RELATING TO THE FILING OF
ACCURATE ANNUAL STATEMENTS OF FINANCIAL DISCLOSURE, AND PROVIDED,
FURTHER, IF THE COMMISSION HAS A REASONABLE BASIS TO BELIEVE THAT THERE
ARE ETHICAL OR LEGAL ISSUES OUTSIDE ITS JURISDICTION, BUT RELATED TO THE
ANNUAL STATEMENT OF FINANCIAL DISCLOSURE, SUCH ISSUES SHALL BE REFERRED
TO THE APPROPRIATE BODY AS DEFINED IN SECTION EIGHT HUNDRED TEN OF THE
GENERAL MUNICIPAL LAW OR THE DISTRICT ATTORNEY FROM THE COUNTY WHERE THE
MUNICIPAL CORPORATION IS LOCATED. This section shall not be deemed to
have revoked or rescinded any regulations or advisory opinions issued by
the legislative ethics commission, the commission on public integrity,
the state ethics commission and the temporary lobbying commission in
effect upon the effective date of chapter fourteen of the laws of two
thousand seven which amended this section to the extent that such regu-
lations or opinions are not inconsistent with any law of the state of
New York, but such regulations and opinions shall apply only to matters
over which such commissions had jurisdiction at the time such regu-
lations and opinions were promulgated or issued. The commission shall
undertake a comprehensive review of all such regulations and opinions,
which will address the consistency of such regulations and opinions
among each other and with the new statutory language, and of the effec-
tiveness of the existing laws, regulations, guidance and ethics enforce-
ment structure to address the ethics of covered public officials and
related parties. Such review shall be conducted with the legislative
ethics commission and, to the extent possible, the report's findings
shall reflect the full input and deliberations of both commissions after
joint consultation. The commission shall, before February first, two
thousand fifteen, report to the governor and legislature regarding such
review and shall propose any regulatory or statutory changes and issue
any advisory opinions necessitated by such review.
§ 2. Subparagraph 1 of paragraph (a) of subdivision 19 of section 94
of the executive law, as amended by section 6 of part A of chapter 399
of the laws of 2011, is amended to read as follows:
(1) the information set forth in an annual statement of financial
disclosure filed pursuant to section seventy-three-a of the public offi-
cers law AND PURSUANT TO SUBDIVISION THREE OF SECTION EIGHT HUNDRED
ELEVEN AND SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE OF THE GENER-
AL MUNICIPAL LAW, except information deleted pursuant to paragraph (h)
of subdivision nine of this section;
§ 3. Section 810 of the general municipal law is amended by adding a
new subdivision 13 to read as follows:
13. "COVERED MUNICIPAL OFFICER" MEANS (A) ANY INDIVIDUAL ELECTED TO
SERVE THE GOVERNMENT OF ANY MUNICIPAL CORPORATION WHO RECEIVES COMPEN-
SATION OF FIFTY THOUSAND DOLLARS OR MORE ANNUALLY FROM SUCH MUNICIPAL
S. 7510 14 A. 9510
CORPORATION AS WELL AS (B) ANY INDIVIDUAL WHO IS EITHER ELECTED OR
APPOINTED TO SERVE AS COUNTY EXECUTIVE, COUNTY MANAGER, OR CHAIR OF THE
COUNTY BOARD OF SUPERVISORS.
§ 4. Section 811 of the general municipal law is amended by adding a
new subdivision 3 to read as follows:
3. (A) NOTWITHSTANDING ANY LOCAL LAW, ORDINANCE, OR RESOLUTION PROVID-
ING FOR THE ANNUAL FILING OF AN ANNUAL STATEMENT OF FINANCIAL DISCLO-
SURE, A COVERED MUNICIPAL OFFICER SHALL BE REQUIRED TO FILE THE ANNUAL
STATEMENT OF FINANCIAL DISCLOSURE SET FORTH IN SECTION SEVENTY-THREE-A
OF THE PUBLIC OFFICERS LAW WITH THE JOINT COMMISSION ON PUBLIC ETHICS,
PROVIDED, HOWEVER A COVERED MUNICIPAL OFFICER MAY SATISFY THE FILING
REQUIREMENTS OF THIS SUBDIVISION BY FILING A COPY OF THE STATEMENT OF
FINANCIAL DISCLOSURE FILED PURSUANT TO PARAGRAPH (A) OF (A-1) OF SUBDI-
VISION ONE OF THIS SECTION WITH THE JOINT COMMISSION ON PUBLIC ETHICS ON
OR BEFORE THE FILING DEADLINE PROVIDED IN SECTION SEVENTY-THREE-A OF THE
PUBLIC OFFICERS LAW, IF SUCH STATEMENT OF FINANCIAL DISCLOSURE FILED
PURSUANT TO PARAGRAPH (A) OR (A-1) OF SUBDIVISION ONE OF THIS SECTION
HAS BEEN AUTHORIZED BY THE THE JOINT COMMISSION ON PUBLIC ETHICS PURSU-
ANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
(B) THE GOVERNING BODY OF EACH MUNICIPAL CORPORATION MAY ADOPT A
RESOLUTION TO REQUEST AUTHORIZATION FROM THE JOINT COMMISSION ON PUBLIC
ETHICS FOR ITS COVERED MUNICIPAL OFFICERS TO FILE WITH THE JOINT COMMIS-
SION ON PUBLIC ETHICS A COPY OF THE ANNUAL STATEMENT OF FINANCIAL
DISCLOSURE FILED PURSUANT TO PARAGRAPH (A) OR (A-1) OF SUBDIVISION ONE
OF THIS SECTION TO SATISFY THE FILING REQUIREMENTS OF A COVERED MUNICI-
PAL OFFICER OF PARAGRAPH (A) OF THIS SUBDIVISION. THE JOINT COMMISSION
ON PUBLIC ETHICS SHALL PROMPTLY MAKE A DETERMINATION IN RESPONSE TO EACH
REQUEST, WHICH SHALL INCLUDE AN EXPLANATION FOR ITS DETERMINATION. IF
AUTHORIZATION IS DENIED, THE MUNICIPAL CORPORATION MAY AMEND ITS REQUEST
AND RESUBMIT.
(C) THE GOVERNING BODY OF EACH MUNICIPAL CORPORATION MAY ADOPT A LOCAL
LAW, ORDINANCE, OR RESOLUTION AUTHORIZING ITS COVERED MUNICIPAL OFFICERS
TO SATISFY THE FILING REQUIREMENTS OF PARAGRAPH (A) OR (A-1) OF SUBDIVI-
SION ONE OF THIS SECTION BY FILING A COPY OF THE ANNUAL STATEMENT OF
FINANCIAL DISCLOSURE AS SET FORTH IN SECTION SEVENTY-THREE-A OF THE
PUBLIC OFFICERS LAW FILED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION
WITH THE APPROPRIATE BODY.
§ 5. Subdivision 1 of section 812 of the general municipal law is
amended by adding a new paragraph (j) to read as follows:
(J) A COVERED MUNICIPAL OFFICER SHALL BE REQUIRED TO FILE THE ANNUAL
STATEMENT OF FINANCIAL DISCLOSURE SET FORTH IN SECTION SEVENTY-THREE-A
OF THE PUBLIC OFFICERS LAW WITH THE JOINT COMMISSION ON PUBLIC ETHICS. A
COVERED MUNICIPAL OFFICER MAY SATISFY THE FILING REQUIREMENTS OF PARA-
GRAPH (A) OF THIS SUBDIVISION BY FILING A COPY OF THE ANNUAL STATEMENT
OF FINANCIAL DISCLOSURE FILED PURSUANT TO THIS PARAGRAPH WITH THE APPRO-
PRIATE BODY.
§ 6. This act shall take effect January 1, 2019.
PART F
Section 1. Section 14-100 of the election law is amended by adding two
new subdivisions 17 and 18 to read as follows:
17. "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-
S. 7510 15 A. 9510
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.
18. "AUTHORIZED COMMITTEE" MEANS THE SINGLE POLITICAL COMMITTEE DESIG-
NATED BY A CANDIDATE TO RECEIVE ALL CONTRIBUTIONS AUTHORIZED BY THIS
TITLE.
§ 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.
§ 3. Subdivision 3 of section 14-124 of the election law, as amended
by section 1 of part B of chapter 286 of the laws of 2016, 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; PROVIDED THAT SUCH MONIES DESCRIBED IN THIS
SUBDIVISION SHALL BE DEPOSITED IN A SEGREGATED ACCOUNT.
S. 7510 16 A. 9510
§ 4. 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 SIXTY DAYS OF
RECEIPT. SUCH SUBMISSIONS 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.
§ 5. The article heading of article 14 of the election law is amended
to read as follows:
CAMPAIGN RECEIPTS AND EXPENDITURES; PUBLIC FINANCING
§ 6. 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 PURSUANT TO
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 PURSUANT TO TITLE
TWO OF THIS ARTICLE (FOR THOSE OFFICES OR POSITIONS COVERED BY THAT
S. 7510 17 A. 9510
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 candi-
date, 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 subdivi-
sion; 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 nomi-
nation 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] DELEGATE-AT-LARGE TO A CONVENTION
TO REVISE AND AMEND THE STATE CONSTITUTION, OR DISTRICT DELEGATE TO A
CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION, TWO THOUSAND
dollars [as increased or decreased by the cost of living adjustment
described in paragraph c of this subdivision; 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, DELEGATE-
AT-LARGE TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION, OR
DISTRICT DELEGATE TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTI-
TUTION, 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
S. 7510 18 A. 9510
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, DELEGATE-AT-LARGE TO A CONVENTION TO
REVISE AND AMEND THE STATE CONSTITUTION, OR DISTRICT DELEGATE TO A
CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION, 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, DELEGATE-
AT-LARGE TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION, OR
DISTRICT DELEGATE TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTI-
TUTION, TWELVE THOUSAND FIVE HUNDRED DOLLARS, WHICHEVER IS GREATER, BUT
IN NO EVENT SHALL ANY SUCH MAXIMUM EXCEED ONE HUNDRED THOUSAND DOLLARS.
S. 7510 19 A. 9510
E. At the beginning of each fourth calendar year, commencing in [nine-
teen hundred ninety-five] TWO THOUSAND TWENTY-TWO, 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.]
§ 7. Sections 14-100 through 14-132 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
§ 8. 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.
S. 7510 20 A. 9510
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 THE 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.
§ 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.
S. 7510 21 A. 9510
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.
§ 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, MEMBER OF THE ASSEMBLY, DELEGATE-AT-LARGE TO A CONVENTION
TO REVISE AND AMEND THE STATE CONSTITUTION, OR DISTRICT DELEGATE TO A
CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION.
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
S. 7510 22 A. 9510
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
(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,
MEMBER OF THE ASSEMBLY, DELEGATE-AT-LARGE TO A CONVENTION TO REVISE AND
AMEND THE STATE CONSTITUTION, OR DISTRICT DELEGATE TO A CONVENTION TO
REVISE AND AMEND THE STATE CONSTITUTION, WHO FILES A WRITTEN CERTIF-
ICATION 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.
§ 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
S. 7510 23 A. 9510
HAVE A TREASURER AND IS SUBJECT TO THE RESTRICTIONS FOUND IN SECTION
14-112 OF THIS ARTICLE.
3. (A) DETAILED REPORTING. IN ADDITION TO EACH AUTHORIZED AND POLI-
TICAL COMMITTEE REPORTING TO THE BOARD EVERY CONTRIBUTION 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 INTER-
MEDIARY. 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 SHALL REVIEW EACH DISCLOSURE REPORT FILED
AND SHALL INFORM AUTHORIZED AND POLITICAL COMMITTEES OF RELEVANT QUES-
TIONS IT HAS CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS OF THIS TITLE
AND OF THE RULES ISSUED BY THE BOARD; AND (II) QUALIFICATION FOR RECEIV-
ING PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. IN THE COURSE OF THIS
REVIEW, IT SHALL GIVE AUTHORIZED AND POLITICAL COMMITTEES AN OPPORTUNITY
TO RESPOND TO AND CORRECT POTENTIAL VIOLATIONS AND GIVE CANDIDATES AN
OPPORTUNITY TO ADDRESS QUESTIONS IT HAS CONCERNING THEIR MATCHABLE
CONTRIBUTION CLAIMS OR OTHER ISSUES CONCERNING ELIGIBILITY FOR RECEIVING
PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. NOTHING IN THIS PARAGRAPH
SHALL PRECLUDE THE CHIEF ENFORCEMENT COUNSEL 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 MONDAY SO THAT
THEIR MATCHING FUNDS MAY BE PAID AT THE EARLIEST ALLOWABLE DATE.
§ 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.
§ 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 BOARD 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.
§ 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
S. 7510 24 A. 9510
SHALL BE SUBMITTED AT LEAST FOUR MONTHS BEFORE THE ELECTION PURSUANT TO
A SCHEDULE PROMULGATED BY 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, BUT
MAY MAKE A CONTRIBUTION TO HIS OR HER AUTHORIZED COMMITTEE IN AN AMOUNT
THAT DOES NOT EXCEED THREE TIMES THE APPLICABLE CONTRIBUTION LIMIT FROM
AN INDIVIDUAL CONTRIBUTOR TO CANDIDATES FOR THE OFFICE THAT HE OR SHE IS
SEEKING;
(G) MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION TWO OF
THIS SECTION;
(H) CONTINUE TO ABIDE BY ALL REQUIREMENTS DURING THE POST-ELECTION
PERIOD;
(I) AGREE NOT TO EXPEND FOR CAMPAIGN PURPOSES ANY PORTION OF ANY PRE-
EXISTING FUNDS RAISED FOR ANY PUBLIC OFFICE OR PARTY POSITION PRIOR TO
THE FIRST DAY OF THE ELECTION CYCLE FOR WHICH THE CANDIDATE SEEKS
CERTIFICATION. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO LIMIT, IN
ANY WAY, ANY CANDIDATE OR PUBLIC OFFICIAL FROM EXPENDING ANY PORTION OF
PRE-EXISTING CAMPAIGN FUNDS FOR ANY LAWFUL PURPOSE OTHER THAN THOSE
RELATED TO HIS OR HER CAMPAIGN; AND
(J) NOT HAVE ACCEPTED CONTRIBUTIONS IN AMOUNTS EXCEEDING THE CONTRIB-
UTION LIMITS SET FORTH FOR PARTICIPATING CANDIDATES IN PARAGRAPHS A AND
B OF SUBDIVISION ONE OF SECTION 14-114 OF THIS ARTICLE DURING THE
ELECTION CYCLE FOR WHICH THE CANDIDATE SEEKS CERTIFICATION;
(I) PROVIDED HOWEVER, THAT, IF A CANDIDATE ACCEPTED CONTRIBUTIONS
EXCEEDING SUCH LIMITS BEFORE CERTIFICATION, SUCH ACCEPTANCE SHALL NOT
PREVENT THE CANDIDATE FROM BEING CERTIFIED BY THE BOARD IF THE CANDIDATE
IMMEDIATELY PAYS TO THE FUND OR RETURNS TO THE CONTRIBUTOR THE PORTION
OF ANY CONTRIBUTION THAT EXCEEDED THE APPLICABLE CONTRIBUTION LIMIT.
(II) IF THE CANDIDATE IS UNABLE TO RETURN SUCH FUNDS IMMEDIATELY
BECAUSE THEY HAVE ALREADY BEEN SPENT, ACCEPTANCE OF CONTRIBUTIONS
EXCEEDING THE LIMITS SHALL NOT PREVENT THE CANDIDATE FROM BEING CERTI-
FIED BY THE BOARD IF THE CANDIDATE SUBMITS AN AFFIDAVIT AGREEING TO PAY
TO THE FUND ALL PORTIONS OF ANY CONTRIBUTIONS THAT EXCEEDED THE LIMIT NO
LATER THAN THIRTY DAYS BEFORE THE GENERAL ELECTION. IF A CANDIDATE
PROVIDES THE BOARD WITH SUCH AN AFFIDAVIT, ANY DISBURSEMENT OF PUBLIC
FUNDS TO THE CANDIDATE MADE UNDER SECTION 14-206 OF THIS TITLE SHALL BE
REDUCED BY NO MORE THAN TWENTY-FIVE PERCENT UNTIL THE TOTAL AMOUNT OWED
BY THE CANDIDATE IS REPAID.
(III) NOTHING IN THIS SECTION SHALL BE INTERPRETED TO REQUIRE A CANDI-
DATE WHO RETAINS FUNDS RAISED DURING A PREVIOUS ELECTION CYCLE TO
FORFEIT SUCH FUNDS. FUNDS RAISED DURING A PREVIOUS ELECTION CYCLE MAY BE
RETAINED, BUT ONLY IF THE CANDIDATE PLACES THE FUNDS IN ESCROW.
(IV) CONTRIBUTIONS RECEIVED AND EXPENDITURES MADE BY THE CANDIDATE OR
AN AUTHORIZED COMMITTEE OF THE CANDIDATE PRIOR TO THE EFFECTIVE DATE OF
THIS TITLE SHALL NOT CONSTITUTE A VIOLATION OF THIS TITLE. UNEXPENDED
CONTRIBUTIONS SHALL BE TREATED THE SAME AS CAMPAIGN SURPLUSES UNDER
SUBPARAGRAPH (III) OF THIS PARAGRAPH.
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. 7510 25 A. 9510
(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, DELEGATE-AT-LARGE TO A CONVENTION TO
REVISE AND AMEND THE STATE CONSTITUTION, OR DISTRICT DELEGATE TO A
CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION, 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.
§ 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, DELEGATE-AT-LARGE TO A CONVENTION TO
REVISE AND AMEND THE STATE CONSTITUTION, OR DISTRICT DELEGATE TO A
CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION, 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, DELEGATE-AT-LARGE TO A $175,000
CONVENTION TO REVISE AND AMEND THE STATE
CONSTITUTION, OR DISTRICT DELEGATE TO A
CONVENTION TO REVISE AND AMEND THE STATE
CONSTITUTION
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
S. 7510 26 A. 9510
PRIMARY ELECTION, IN AN AMOUNT EQUAL TO UP TO HALF THE SUM SET FORTH IN
PARAGRAPH ONE OF THIS SECTION.
§ 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 BOARD 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 CANDIDATE'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 BOARD SHALL MAKE ANY PAYMENT OF PUBLIC
MATCHING FUNDS TO PARTICIPATING CANDIDATES AS SOON AS IS PRACTICABLE.
BUT IN ALL CASES, IT SHALL VERIFY ELIGIBILITY FOR PUBLIC MATCHING FUNDS
WITHIN FOUR DAYS, EXCLUDING WEEKENDS AND HOLIDAYS, 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 ELIGIBLE FOR PUBLIC MATCHING FUNDS, IT SHALL AUTHORIZE
PAYMENT OF THE APPLICABLE MATCHING FUNDS OWED TO THE CANDIDATE. HOWEVER,
IT 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, IN CONSULTATION WITH
THE OFFICE OF THE COMPTROLLER, PROMULGATE RULES TO FACILITATE ELECTRONIC
FUNDS TRANSFERS DIRECTLY FROM THE CAMPAIGN FINANCE FUND INTO AN AUTHOR-
IZED 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 BOARD SHALL (A)
WITHIN FOUR DAYS, EXCLUDING WEEKENDS AND HOLIDAYS, OF RECEIVING A REPORT
OF CONTRIBUTIONS FROM A CANDIDATE FOR A COVERED OFFICE CLAIMING ELIGI-
BILITY FOR PUBLIC MATCHING FUNDS VERIFY THAT CANDIDATE'S ELIGIBILITY FOR
PUBLIC MATCHING FUNDS; AND (B) WITHIN TWO DAYS OF DETERMINING THAT THE
CANDIDATE FOR A COVERED OFFICE IS ELIGIBLE FOR PUBLIC MATCHING FUNDS, IT
SHALL AUTHORIZE PAYMENT OF THE APPLICABLE MATCHING FUNDS OWED TO THE
CANDIDATE.
§ 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
S. 7510 27 A. 9510
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.
§ 14-208. POWERS AND DUTIES OF THE 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 INITI-
ATIVE. THE BOARD SHALL PROMULGATE RULES REGARDING REASONABLE TIMES TO
RESPOND TO SUCH REQUESTS. THE BOARD SHALL MAKE PUBLIC THE QUESTIONS OF
INTERPRETATION 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
APPROPRIATE.
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 SHALL WORK WITH THE CHIEF ENFORCEMENT COUNSEL TO ENFORCE
THIS SECTION.
S. 7510 28 A. 9510
§ 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 ANY PRIMARY OR GENERAL ELECTION MUST MAINTAIN A RESERVE
OF THREE PERCENT OF THE PUBLIC FUNDS RECEIVED TO COMPLY WITH THE POST-E-
LECTION 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
SEVERALLY 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 SEVERALLY 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. RULES AND REGULATIONS. 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 PARTICIPATING CANDIDATE THAT HAS QUALIFIED TO RECEIVE
S. 7510 29 A. 9510
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.
§ 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 CHIEF ENFORCEMENT COUNSEL 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 CHIEF ENFORCEMENT COUNSEL 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 COMMIT-
TEE AFTER A HEARING AT THE BOARD.
(D) THE CHIEF ENFORCEMENT COUNSEL 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 HEAR-
ING AT THE BOARD.
§ 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 TWEN-
TY-ONE, 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:
S. 7510 30 A. 9510
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.
§ 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.
§ 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.
§ 9. The state finance law is amended by adding a new section 92-t to
read as follows:
§ 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 (H) 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 FIVE 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
S. 7510 31 A. 9510
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 TWENTY, 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 OR CERTIFICATES OF NOMINATION HAVE BEEN FILED AND NOT LATER
THAN THIRTY DAYS AFTER SUCH PRIMARY 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.
§ 10. Section 95 of the state finance law is amended by adding a new
subdivision 5 to read as follows:
5. (A) AS OFTEN AS NECESSARY, THE CO-CHAIRS OF THE STATE BOARD OF
ELECTIONS SHALL CERTIFY THE AMOUNT SUCH CO-CHAIRS HAVE DETERMINED NECES-
SARY TO FUND ESTIMATED PAYMENTS FROM THE FUND ESTABLISHED BY SECTION
NINETY-TWO-T OF THIS ARTICLE FOR THE PRIMARY, GENERAL OR SPECIAL
ELECTION.
(B) NOTWITHSTANDING ANY PROVISION OF THIS SECTION AUTHORIZING THE
TRANSFER OF ANY MONEYS IN THE ABANDONED PROPERTY FUND TO THE GENERAL
FUND, THE COMPTROLLER, AFTER RECEIVING AMOUNTS SUFFICIENT TO PAY CLAIMS
AGAINST THE ABANDONED PROPERTY FUND, SHALL, BASED UPON A CERTIFICATION
OF THE STATE BOARD OF ELECTIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
VISION, AND AT THE DIRECTION OF THE DIRECTOR OF THE BUDGET, TRANSFER THE
REQUESTED AMOUNT FROM REMAINING AVAILABLE MONIES IN THE ABANDONED PROP-
ERTY FUND TO THE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-
TWO-T OF THIS ARTICLE.
§ 11. Section 658 of the tax law is amended by adding a new subsection
(h) to read as follows:
(H) NEW YORK STATE CAMPAIGN FINANCE FUND CHECK-OFF. (1) FOR EACH TAXA-
BLE YEAR BEGINNING ON AND AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN,
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-
S. 7510 32 A. 9510
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 EIGHTEEN, 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.
§ 12. Severability. If any clause, sentence, subdivision, paragraph,
section or part of title II of article 14 of the election law, as added
by section three 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.
§ 13. This act shall take effect immediately; provided, however, all
affected candidates will be eligible to participate in voluntary public
financing beginning with the 2020 primary election.
PART G
Section 1. Subdivisions 2 and 3 of section 86 of the public officers
law, as added by chapter 933 of the laws of 1977, are amended and a new
subdivision 6 is added to read as follows:
2. "State legislature" means the [legislature of the state of New
York, including] NEW YORK STATE SENATE, NEW YORK STATE ASSEMBLY, any
committee, subcommittee, joint committee, select committee, or commis-
sion thereof, AND ANY MEMBERS, OFFICERS, REPRESENTATIVES AND EMPLOYEES
THEREOF.
3. "Agency" means any state or municipal department, board, bureau,
division, commission, committee, public authority, public corporation,
council, office, or other governmental entity performing a governmental
or proprietary function for the state or any one or more municipalities
thereof, except the judiciary [or the state legislature].
6. "RESPECTIVE HOUSE OF THE STATE LEGISLATURE" MEANS THE NEW YORK
STATE SENATE, NEW YORK STATE ASSEMBLY, AND ANY CORRESPONDING COMMITTEE,
SUBCOMMITTEE, JOINT COMMITTEE, SELECT COMMITTEE, OR COMMISSION THEREOF,
AND ANY MEMBERS, OFFICERS, REPRESENTATIVES AND EMPLOYEES THEREOF.
§ 2. Section 87 of the public officers law, as added by chapter 933 of
the laws of 1977, paragraph (a) and the opening paragraph of paragraph
(b) of subdivision 1 as amended by chapter 80 of the laws of 1983,
subparagraph iii of paragraph (b) of subdivision 1 as amended and para-
graph (c) of subdivision 1 and subdivision 5 as added by chapter 223 of
the laws of 2008, paragraph (d) of subdivision 2 as amended by chapter
289 of the laws of 1990, paragraph (f) of subdivision 2 as amended by
chapter 403 of the laws of 2003, paragraph (g) of subdivision 2 as
amended by chapter 510 of the laws of 1999, paragraph (i) of subdivision
S. 7510 33 A. 9510
2 as amended by chapter 154 of the laws of 2010, paragraph (j) of subdi-
vision 2 as added by chapter 746 of the laws of 1988, paragraph (k) of
subdivision 2 as separately added by chapters 19, 20, 21, 22, 23 and 383
of the laws of 2009, paragraph (l) of subdivision 2 as added by section
12 of part II of chapter 59 of the laws of 2010, paragraph (m) of subdi-
vision 2 as added by chapter 189 of the laws of 2013, paragraph (n) of
subdivision 2 as added by chapter 43 of the laws of 2014, paragraph (n)
of subdivision 2 as separately added by chapters 99, 101, and 123 of the
laws of 2014, paragraph (o) of subdivision 2 as added by chapter 222 of
the laws of 2015, paragraph (c) of subdivision 3 as amended by chapter
499 of the laws of 2008, subdivision 4 as added by chapter 890 of the
laws of 1981, and paragraph (c) of subdivision 4 as added by chapter 102
of the laws of 2007, is amended to read as follows:
§ 87. Access to agency OR STATE LEGISLATURE records. 1. (a) Within
sixty days after the effective date of this article, the governing body
of each public corporation shall promulgate uniform rules and regu-
lations for all agencies in such public corporation pursuant to such
general rules and regulations as may be promulgated by the committee on
open government in conformity with the provisions of this article,
pertaining to the administration of this article.
(b) Each agency AND EACH HOUSE OF THE STATE LEGISLATURE shall promul-
gate rules and regulations, in conformity with this article and applica-
ble rules and regulations promulgated pursuant to the provisions of
paragraph (a) of this subdivision, and pursuant to such general rules
and regulations as may be promulgated by the committee on open govern-
ment in conformity with the provisions of this article, pertaining to
the availability of records and procedures to be followed, including,
but not limited to:
i. the times and places such records are available;
ii. the persons from whom such records may be obtained[,]; and
iii. the fees for copies of records which shall not exceed twenty-five
cents per photocopy not in excess of nine inches by fourteen inches, or
the actual cost of reproducing any other record in accordance with the
provisions of paragraph (c) of this subdivision, except when a different
fee is otherwise prescribed by statute.
(c) In determining the actual cost of reproducing a record, an agency
AND THE STATE LEGISLATURE may include only:
i. an amount equal to the hourly salary attributed to the lowest paid
EMPLOYEE OF AN agency or [employee] RESPECTIVE HOUSE OF THE STATE LEGIS-
LATURE who has the necessary skill required to prepare a copy of the
requested record;
ii. the actual cost of the storage devices or media provided to the
person making the request in complying with such request;
iii. the actual cost to the agency OR TO THE RESPECTIVE HOUSE OF THE
STATE LEGISLATURE of engaging an outside professional service to prepare
a copy of a record, but only when an agency's OR RESPECTIVE HOUSE OF THE
STATE LEGISLATURE'S information technology equipment is inadequate to
prepare a copy, if such service is used to prepare the copy; and
iv. preparing a copy shall not include search time or administrative
costs, and no fee shall be charged unless at least two hours of agency
OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE employee time is needed to
prepare a copy of the record requested. A person requesting a record
shall be informed of the estimated cost of preparing a copy of the
record if more than two hours of an agency OR RESPECTIVE HOUSE OF THE
STATE LEGISLATURE employee's time is needed, or if an outside profes-
sional service would be retained to prepare a copy of the record.
S. 7510 34 A. 9510
2. Each agency AND THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE
shall, in accordance with its published rules, make available for public
inspection and copying all records, except that such agency AND THE
RESPECTIVE HOUSE OF THE STATE LEGISLATURE may deny access to records or
portions thereof that:
(a) are specifically exempted from disclosure by state or federal
statute;
(b) if disclosed would constitute an unwarranted invasion of personal
privacy under the provisions of subdivision two of section eighty-nine
of this article;
(c) if disclosed would impair present or imminent contract awards or
collective bargaining negotiations PROVIDED, HOWEVER, THAT THE PROPOSED
TERMS OF AN AGREEMENT BETWEEN A PUBLIC EMPLOYER AND AN EMPLOYEE ORGAN-
IZATION, AS THOSE TERMS ARE DEFINED IN ARTICLE FOURTEEN OF THE CIVIL
SERVICE LAW, THAT REQUIRE RATIFICATION BY MEMBERS OF THE EMPLOYEE ORGAN-
IZATION OR BY THE PUBLIC EMPLOYER, WHERE APPLICABLE, OR APPROVAL OF SUCH
PROVISIONS BY THE APPROPRIATE LEGISLATIVE BODY AS REQUIRED BY SECTION
TWO HUNDRED FOUR-A OF THE CIVIL SERVICE LAW, SHALL BE MADE AVAILABLE TO
THE PUBLIC NO LATER THAN WHEN SUCH PROPOSED TERMS ARE SENT TO MEMBERS OF
THE EMPLOYEE ORGANIZATION FOR RATIFICATION, WHEN SUCH TERMS ARE
PRESENTED TO THE EMPLOYER FOR RATIFICATION, WHERE APPLICABLE, OR WHEN
THE PROVISIONS OF SUCH AGREEMENT REQUIRING APPROVAL BY THE APPROPRIATE
LEGISLATIVE BODY PURSUANT TO SECTION TWO HUNDRED FOUR-A OF THE CIVIL
SERVICE LAW ARE SUBMITTED TO SUCH BODY, WHICHEVER DATE IS EARLIEST.
ADDITIONALLY, A COPY OF THE PROPOSED TERMS OF SUCH AGREEMENT SHALL BE
PLACED ON THE WEBSITE OF THE APPLICABLE PUBLIC EMPLOYER, IF SUCH
WEBSITES EXIST, AND WITHIN THE LOCAL PUBLIC LIBRARIES AND OFFICES OF
SUCH PUBLIC EMPLOYER, OR IN THE CASE OF COLLECTIVE BARGAINING AGREEMENTS
NEGOTIATED BY THE STATE, ON THE WEBSITE OF THE OFFICE OF EMPLOYEE
RELATIONS ON SUCH DATE;
(d) are trade secrets or are submitted to an agency OR TO THE RESPEC-
TIVE HOUSE OF THE STATE LEGISLATURE by a commercial enterprise or
derived from information obtained from a commercial enterprise and which
if disclosed would cause substantial injury to the competitive position
of the subject enterprise;
(e) are compiled for law enforcement purposes and which, if disclosed,
would:
i. interfere with law enforcement investigations or judicial
proceedings;
ii. deprive a person of a right to a fair trial or impartial adjudi-
cation;
iii. identify a confidential source or disclose confidential informa-
tion relating to a criminal investigation; or
iv. reveal criminal investigative techniques or procedures, except
routine techniques and procedures;
(f) if disclosed could endanger CRITICAL INFRASTRUCTURE OR the life or
safety of any person;
(g) are inter-agency or intra-agency materials which are not:
i. statistical or factual tabulations or data;
ii. instructions to staff that affect the public;
iii. final agency policy or determinations;
iv. external audits, including but not limited to audits performed by
the comptroller and the federal government; [or]
(G-1) ARE MATERIALS EXCHANGED WITHIN THE STATE LEGISLATURE WHICH ARE
NOT:
I. STATISTICAL OR FACTUAL TABULATIONS OR DATA;
S. 7510 35 A. 9510
II. INSTRUCTIONS TO STAFF THAT AFFECT THE PUBLIC;
III. FINAL POLICY OR DETERMINATIONS OF THE RESPECTIVE HOUSE OF THE
STATE LEGISLATURE;
IV. EXTERNAL AUDITS, INCLUDING BUT NOT LIMITED TO AUDITS PERFORMED BY
THE COMPTROLLER AND THE FEDERAL GOVERNMENT; OR
(h) are examination questions or answers which are requested prior to
the final administration of such questions.
(i) if disclosed, would jeopardize the capacity of an agency, THE
STATE LEGISLATURE, or an entity that has shared information with an
agency OR THE STATE LEGISLATURE to guarantee the security of its infor-
mation technology assets, such assets encompassing both electronic
information systems and infrastructures; or
(j) are photographs, microphotographs, videotape or other recorded
images prepared under authority of section eleven hundred eleven-a of
the vehicle and traffic law.
(k) are photographs, microphotographs, videotape or other recorded
images prepared under authority of section eleven hundred eleven-b of
the vehicle and traffic law.
(l) are photographs, microphotographs, videotape or other recorded
images produced by a bus lane photo device prepared under authority of
section eleven hundred eleven-c of the vehicle and traffic law.
(m) are photographs, microphotographs, videotape or other recorded
images prepared under the authority of section eleven hundred eighty-b
of the vehicle and traffic law.
(n) are photographs, microphotographs, videotape or other recorded
images prepared under the authority of section eleven hundred eighty-c
of the vehicle and traffic law.
(n) are photographs, microphotographs, videotape or other recorded
images prepared under authority of section eleven hundred eleven-d of
the vehicle and traffic law.
(o) are photographs, microphotographs, videotape or other recorded
images prepared under authority of section eleven hundred eleven-e of
the vehicle and traffic law.
3. Each agency AND RESPECTIVE HOUSE OF THE STATE LEGISLATURE shall
maintain:
(a) a record of the final vote of each member in every agency OR STATE
LEGISLATURE proceeding in which the member votes;
(B) A RECORD OF VOTES OF EACH MEMBER IN EVERY SESSION AND EVERY
COMMITTEE AND SUBCOMMITTEE MEETING IN WHICH THE MEMBER OF THE SENATE OR
ASSEMBLY VOTES;
[(b)] (C) a record setting forth the name, public office address,
title and salary of every officer or employee of the agency OR THE STATE
LEGISLATURE; and
[(c)] (D) a reasonably detailed current list by subject matter of all
records in the possession of the agency OR STATE LEGISLATURE, whether or
not available under this article. Each agency AND EACH RESPECTIVE HOUSE
OF THE STATE LEGISLATURE shall update its subject matter list annually,
and the date of the most recent update shall be conspicuously indicated
on the list. [Each] THE STATE LEGISLATURE AND EACH state agency as
defined in subdivision four of this section that maintains a website
shall post its current list on its website and such posting shall be
linked to the website of the committee on open government. Any such
agency OR PART OF THE STATE LEGISLATURE that does not maintain a website
shall arrange to have its list posted on the website of the committee on
open government.
S. 7510 36 A. 9510
4. (a) Each state agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE
which maintains records containing trade secrets, to which access may be
denied pursuant to paragraph (d) of subdivision two of this section,
shall promulgate regulations in conformity with the provisions of subdi-
vision five of section eighty-nine of this article pertaining to such
records, including, but not limited to the following:
(1) the manner of identifying the records or parts;
(2) the manner of identifying persons within the agency OR RESPECTIVE
HOUSE OF THE STATE LEGISLATURE to whose custody the records or parts
will be charged and for whose inspection and study the records will be
made available;
(3) the manner of safeguarding against any unauthorized access to the
records.
(b) As used in this subdivision the term "agency" or "state agency"
means only a state department, board, bureau, division, council [or],
office and any public corporation the majority of whose members are
appointed by the governor.
(c) AS USED IN THIS SUBDIVISION THE TERM "STATE LEGISLATURE" MEANS THE
LEGISLATURE AS DEFINED IN SUBDIVISION TWO OF SECTION EIGHTY-SIX OF THIS
ARTICLE.
(D) Each state agency AND RESPECTIVE HOUSE OF THE STATE LEGISLATURE
that maintains a website shall post information related to this article
and article six-A of this chapter on its website. Such information shall
include, at a minimum, contact information for the persons from whom
records of the agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE may
be obtained, the times and places such records are available for
inspection and copying, and information on how to request records in
person, by mail, and, if the agency OR RESPECTIVE HOUSE OF THE STATE
LEGISLATURE accepts requests for records electronically, by e-mail. This
posting shall be linked to the website of the committee on open govern-
ment.
5. (a) An agency AND THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE
shall provide records on the medium requested by a person, if the agency
OR THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE can reasonably make
such copy or have such copy made by engaging an outside professional
service. Records provided in a computer format shall not be encrypted.
(b) No agency NOR THE STATE LEGISLATURE shall enter into or renew a
contract for the creation or maintenance of records if such contract
impairs the right of the public to inspect or copy the agency's OR THE
STATE LEGISLATURE'S records.
6. (A) EACH AGENCY AND HOUSE OF THE STATE LEGISLATURE SHALL PUBLISH,
ON ITS INTERNET WEBSITE, TO THE EXTENT PRACTICABLE, RECORDS OR PORTIONS
OF RECORDS THAT ARE AVAILABLE TO THE PUBLIC PURSUANT TO THE PROVISIONS
OF THIS ARTICLE, OR WHICH, IN CONSIDERATION OF THEIR NATURE, CONTENT OR
SUBJECT MATTER, ARE DETERMINED BY THE AGENCY OR HOUSE OF THE STATE
LEGISLATURE TO BE OF SUBSTANTIAL INTEREST TO THE PUBLIC. ANY SUCH
RECORDS MAY BE REMOVED FROM THE INTERNET WEBSITE WHEN THE AGENCY OR
HOUSE OF THE STATE LEGISLATURE DETERMINES THAT THEY ARE NO LONGER OF
SUBSTANTIAL INTEREST TO THE PUBLIC. ANY SUCH RECORDS MAY BE REMOVED FROM
THE INTERNET WEBSITE WHEN THEY HAVE REACHED THE END OF THEIR LEGAL
RETENTION PERIOD. GUIDANCE ON CREATING RECORDS IN ACCESSIBLE FORMATS AND
ENSURING THEIR CONTINUING ACCESSIBILITY SHALL BE AVAILABLE FROM THE
OFFICE OF INFORMATION TECHNOLOGY SERVICES AND THE STATE ARCHIVES.
(B) THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT
APPLY TO RECORDS OR PORTIONS OF RECORDS THE DISCLOSURE OF WHICH WOULD
S. 7510 37 A. 9510
CONSTITUTE AN UNWARRANTED INVASION OF PERSONAL PRIVACY IN ACCORDANCE
WITH SUBDIVISION TWO OF SECTION EIGHTY-NINE OF THIS ARTICLE.
(C) THE COMMITTEE ON OPEN GOVERNMENT SHALL PROMULGATE GUIDELINES TO
EFFECTUATE THIS SUBDIVISION.
(D) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS TO LIMIT OR
ABRIDGE THE POWER OF AN AGENCY OR HOUSE OF THE STATE LEGISLATURE TO
PUBLISH RECORDS ON ITS INTERNET WEBSITE THAT ARE SUBJECT TO THE
PROVISIONS OF THIS ARTICLE PRIOR TO A WRITTEN REQUEST OR PRIOR TO A
FREQUENT REQUEST.
§ 3. Section 88 of the public officers law is REPEALED.
§ 4. Section 89 of the public officers law, as added by chapter 933 of
the laws of 1977, paragraph (a) of subdivision 1 as amended by chapter
33 of the laws of 1984, paragraph (b) of subdivision 1 as amended by
chapter 182 of the laws of 2006, subdivision 2 as amended by section 11
of part U of chapter 61 of the laws of 2011, subdivision 2-a as added by
chapter 652 of the laws of 1983, subdivision 3 as amended by chapter 223
of the laws of 2008, subdivision 4 as amended by chapter 22 of the laws
of 2005, paragraph (c) of subdivision 4 as amended by chapter 453 of the
laws of 2017, paragraph (d) of subdivision 4 as added by chapter 487 of
the laws of 2016, subdivision 5 as added and subdivision 6 as renumbered
by chapter 890 of the laws of 1981, paragraph (a) of subdivision 5 as
amended by chapter 403 of the laws of 2003, paragraph (d) of subdivision
5 as amended by chapter 339 of the laws of 2004, subdivision 7 as added
by chapter 783 of the laws of 1983, subdivision 8 as added by chapter
705 of the laws of 1989, and subdivision 9 as added by chapter 351 of
the laws of 2008, is amended to read as follows:
§ 89. General provisions relating to access to records; certain cases.
The provisions of this section apply to access to all records, except as
hereinafter specified:
1. (a) The committee on open government is continued and shall consist
of the lieutenant governor or the delegate of such officer, the secre-
tary of state or the delegate of such officer, whose office shall act as
secretariat for the committee, the commissioner of the office of general
services or the delegate of such officer, the director of the budget or
the delegate of such officer, and seven other persons, none of whom
shall hold any other state or local public office except the represen-
tative of local governments as set forth herein, to be appointed as
follows: five by the governor, at least two of whom are or have been
representatives of the news media, one of whom shall be a representative
of local government who, at the time of appointment, is serving as a
duly elected officer of a local government, one by the temporary presi-
dent of the senate, and one by the speaker of the assembly. The persons
appointed by the temporary president of the senate and the speaker of
the assembly shall be appointed to serve, respectively, until the expi-
ration of the terms of office of the temporary president and the speaker
to which the temporary president and speaker were elected. The four
persons presently serving by appointment of the governor for fixed terms
shall continue to serve until the expiration of their respective terms.
Thereafter, their respective successors shall be appointed for terms of
four years. The member representing local government shall be appointed
for a term of four years, so long as such member shall remain a duly
elected officer of a local government. The committee shall hold no less
than two meetings annually, but may meet at any time. The members of the
committee shall be entitled to reimbursement for actual expenses
incurred in the discharge of their duties.
(b) The committee shall:
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i. furnish to any agency AND TO EACH HOUSE OF THE STATE LEGISLATURE
advisory guidelines, opinions or other appropriate information regarding
this article;
ii. furnish to any person advisory opinions or other appropriate
information regarding this article;
iii. promulgate rules and regulations with respect to the implementa-
tion of subdivision one and paragraph (c) of subdivision three of
section eighty-seven of this article;
iv. request from any agency AND FROM EITHER HOUSE OF THE STATE LEGIS-
LATURE such assistance, services and information as will enable the
committee to effectively carry out its powers and duties;
v. develop a form, which shall be made available on the internet, that
may be used by the public to request a record; and
vi. report on its activities and findings regarding this article and
article seven of this chapter, including recommendations for changes in
the law, to the governor and the legislature annually, on or before
December fifteenth.
2. (a) The committee on [public access to records] OPEN GOVERNMENT may
promulgate guidelines regarding deletion of identifying details or with-
holding of records otherwise available under this article to prevent
unwarranted invasions of personal privacy. In the absence of such guide-
lines, an agency AND THE RESPECTIVE HOUSE OF STATE LEGISLATURE may
delete identifying details when it makes records available.
(b) An unwarranted invasion of personal privacy includes, but shall
not be limited to:
i. disclosure of employment, medical or credit histories or personal
references of applicants for employment;
ii. disclosure of items involving the medical or personal records of a
client or patient in a medical facility;
iii. sale or release of lists of names and addresses if such lists
would be used for solicitation or fund-raising purposes;
iv. disclosure of information of a personal nature when disclosure
would result in economic or personal hardship to the subject party and
such information is not relevant to the work of the agency OR RESPECTIVE
HOUSE OF THE STATE LEGISLATURE requesting or maintaining it;
v. disclosure of information of a personal nature reported in confi-
dence to an agency OR TO THE STATE LEGISLATURE and not relevant to the
ordinary work of such agency OR THE STATE LEGISLATURE;
vi. information of a personal nature contained in a workers' compen-
sation record, except as provided by section one hundred ten-a of the
workers' compensation law; [or]
vii. disclosure of electronic contact information, such as an e-mail
address or a social network username, that has been collected from a
taxpayer under section one hundred four of the real property tax law; OR
VIII. DISCLOSURE OF COMMUNICATIONS OF A PERSONAL NATURE BETWEEN LEGIS-
LATORS AND THEIR CONSTITUENTS.
(c) Unless otherwise provided by this article, disclosure shall not be
construed to constitute an unwarranted invasion of personal privacy
pursuant to paragraphs (a) and (b) of this subdivision:
i. when identifying details are deleted;
ii. when the person to whom a record pertains consents in writing to
disclosure;
iii. when upon presenting reasonable proof of identity, a person seeks
access to records pertaining to him or her; or
iv. when a record or group of records relates to the right, title or
interest in real property, or relates to the inventory, status or char-
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acteristics of real property, in which case disclosure and providing
copies of such record or group of records shall not be deemed an unwar-
ranted invasion of personal privacy, provided that nothing herein shall
be construed to authorize the disclosure of electronic contact informa-
tion, such as an e-mail address or a social network username, that has
been collected from a taxpayer under section one hundred four of the
real property tax law.
2-a. Nothing in this article shall permit disclosure which constitutes
an unwarranted invasion of personal privacy as defined in subdivision
two of this section if such disclosure is prohibited under section nine-
ty-six of this chapter.
3. (a) Each entity subject to the provisions of this article, within
five business days of the receipt of a written request for a record
reasonably described, shall make such record available to the person
requesting it, deny such request in writing or furnish a written
acknowledgement of the receipt of such request and a statement of the
approximate date, which shall be reasonable under the circumstances of
the request, when such request will be granted or denied, including,
where appropriate, a statement that access to the record will be deter-
mined in accordance with subdivision five of this section. [An] NEITHER
AN agency NOR THE STATE LEGISLATURE shall [not] deny a request on the
basis that the request is voluminous or that locating or reviewing the
requested records or providing the requested copies is burdensome
because the agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE lacks
sufficient staffing or on any other basis if the agency OR RESPECTIVE
HOUSE OF THE STATE LEGISLATURE may engage an outside professional
service to provide copying, programming or other services required to
provide the copy, the costs of which the agency may recover pursuant to
paragraph (c) of subdivision one of section eighty-seven of this arti-
cle. An agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE may require
a person requesting lists of names and addresses to provide a written
certification that such person will not use such lists of names and
addresses for solicitation or fund-raising purposes and will not sell,
give or otherwise make available such lists of names and addresses to
any other person for the purpose of allowing that person to use such
lists of names and addresses for solicitation or fund-raising purposes.
If an agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE determines to
grant a request in whole or in part, and if circumstances prevent
disclosure to the person requesting the record or records within twenty
business days from the date of the acknowledgement of the receipt of the
request, the agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE shall
state, in writing, both the reason for the inability to grant the
request within twenty business days and a date certain within a reason-
able period, depending on the circumstances, when the request will be
granted in whole or in part. Upon payment of, or offer to pay, the fee
prescribed therefor, the entity shall provide a copy of such record and
certify to the correctness of such copy if so requested, or as the case
may be, shall certify that it does not have possession of such record or
that such record cannot be found after diligent search. Nothing in this
article shall be construed to require any entity to prepare any record
not possessed or maintained by such entity except the records specified
in subdivision three of section eighty-seven [and subdivision three of
section eighty-eight] of this article. When an agency OR THE RESPECTIVE
HOUSE OF THE STATE LEGISLATURE has the ability to retrieve or extract a
record or data maintained in a computer storage system with reasonable
effort, it shall be required to do so. When doing so requires less
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employee time than engaging in manual retrieval or redactions from non-
electronic records, the agency AND RESPECTIVE HOUSE OF THE STATE LEGIS-
LATURE shall be required to retrieve or extract such record or data
electronically. Any programming necessary to retrieve a record main-
tained in a computer storage system and to transfer that record to the
medium requested by a person or to allow the transferred record to be
read or printed shall not be deemed to be the preparation or creation of
a new record.
(b) All entities shall, provided such entity has reasonable means
available, accept requests for records submitted in the form of elec-
tronic mail and shall respond to such requests by electronic mail, using
forms, to the extent practicable, consistent with the form or forms
developed by the committee on open government pursuant to subdivision
one of this section and provided that the written requests do not seek a
response in some other form.
4. (a) Except as provided in subdivision five of this section, any
person denied access to a record may within thirty days appeal in writ-
ing such denial to the head, chief executive or governing body of the
entity, or the person therefor designated by such head, chief executive,
or governing body, who shall within ten business days of the receipt of
such appeal fully explain in writing to the person requesting the record
the reasons for further denial, or provide access to the record sought.
In addition, each agency OR THE RESPECTIVE HOUSE OF THE STATE LEGISLA-
TURE shall immediately forward to the committee on open government a
copy of such appeal when received by the agency OR SUCH HOUSE and the
ensuing determination thereon. Failure by an agency OR RESPECTIVE HOUSE
OF THE STATE LEGISLATURE to conform to the provisions of subdivision
three of this section shall constitute a denial.
(b) Except as provided in subdivision five of this section, a person
denied access to a record in an appeal determination under the
provisions of paragraph (a) of this subdivision may bring a proceeding
for review of such denial pursuant to article seventy-eight of the civil
practice law and rules. In the event that access to any record is denied
pursuant to the provisions of subdivision two of section eighty-seven of
this article, the agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE
involved shall have the burden of proving that such record falls within
the provisions of such subdivision two. Failure by an agency OR RESPEC-
TIVE HOUSE OF THE STATE LEGISLATURE to conform to the provisions of
paragraph (a) of this subdivision shall constitute a denial.
(c) The court in such a proceeding: (i) may assess, against such agen-
cy involved, reasonable attorney's fees and other litigation costs
reasonably incurred by such person in any case under the provisions of
this section in which such person has substantially prevailed, and when
the agency failed to respond to a request or appeal within the statutory
time; and (ii) shall assess, against such agency involved, reasonable
attorney's fees and other litigation costs reasonably incurred by such
person in any case under the provisions of this section in which such
person has substantially prevailed and the court finds that the agency
had no reasonable basis for denying access.
(d) (i) Appeal to the appellate division of the supreme court must be
made in accordance with subdivision (a) of section fifty-five hundred
thirteen of the civil practice law and rules.
(ii) An appeal from an agency OR RESPECTIVE HOUSE OF THE STATE LEGIS-
LATURE taken from an order of the court requiring disclosure of any of
all records sought:
(A) shall be given preference;
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(B) shall be brought on for argument on such terms and conditions as
the presiding justice may direct, upon application of any party to the
proceedings; and
(C) shall be deemed abandoned if the agency OR RESPECTIVE HOUSE OF THE
STATE LEGISLATURE fails to serve and file a record and brief within
sixty days after the date of service upon the petitioner of the notice
of appeal, unless consent to further extension is given by all parties,
or unless further extension is granted by the court upon such terms as
may be just and upon good cause shown.
5. (a) (1) A person acting pursuant to law or regulation who, subse-
quent to the effective date of this subdivision, submits any information
to any state agency OR TO THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE
may, at the time of submission, request that the agency OR SUCH HOUSE
PROVISIONALLY except such information from disclosure under paragraph
(d) of subdivision two of section eighty-seven of this article. Where
the request itself contains information which if disclosed would defeat
the purpose for which the exception is sought, such information shall
also be PROVISIONALLY excepted from disclosure.
(1-a) A person or entity who submits or otherwise makes available any
records to any agency OR A HOUSE OF THE STATE LEGISLATURE, may, at any
time, identify those records or portions thereof that may contain crit-
ical infrastructure information, and request that the agency OR HOUSE OF
THE STATE LEGISLATURE that maintains such records except such informa-
tion from disclosure under subdivision two of section eighty-seven of
this article. Where the request itself contains information which if
disclosed would defeat the purpose for which the exception is sought,
such information shall also be PROVISIONALLY excepted from disclosure.
(2) The request for an exception shall be in writing, SHALL SPECIF-
ICALLY IDENTIFY WHICH PORTIONS OF THE RECORD ARE THE SUBJECT OF THE
REQUEST FOR EXCEPTION and SHALL state the reasons why the information
should be PROVISIONALLY excepted from disclosure. ANY SUCH REQUEST FOR
AN EXCEPTION SHALL BE EFFECTIVE FOR A FIVE-YEAR PERIOD FROM THE AGENCY'S
OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE'S RECEIPT THEREOF.
PROVIDED, HOWEVER, THAT NOT LESS THAN SIXTY DAYS PRIOR TO THE EXPIRATION
OF THE THEN CURRENT TERM OF THE EXCEPTION REQUEST, THE SUBMITTER MAY
APPLY TO THE AGENCY OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE FOR A
TWO-YEAR EXTENSION OF ITS EXCEPTION REQUEST. UPON TIMELY RECEIPT OF A
REQUEST FOR AN EXTENSION OF AN EXCEPTION REQUEST, AN AGENCY OR RESPEC-
TIVE HOUSE OF THE STATE LEGISLATURE MAY EITHER (A) PERFORM A CURSORY
REVIEW OF THE APPLICATION AND GRANT THE EXTENSION SHOULD IT FIND ANY
JUSTIFICATION FOR SUCH DETERMINATION, OR (B) COMMENCE THE PROCEDURE SET
FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION TO MAKE A FINAL DETERMINATION
GRANTING OR TERMINATING SUCH EXCEPTION.
(3) Information submitted as provided in subparagraphs one and one-a
of this paragraph shall be PROVISIONALLY excepted from disclosure and be
maintained apart by the agency AND THE RESPECTIVE HOUSE OF THE STATE
LEGISLATURE from all other records until THE EXPIRATION OF THE SUBMIT-
TER'S EXCEPTION REQUEST OR fifteen days after the entitlement to such
exception has been finally determined or such further time as ordered by
a court of competent jurisdiction.
(b) [On the] DURING THE EFFECTIVE PERIOD OF AN EXCEPTION REQUEST UNDER
THIS SUBDIVISION, ON THE initiative of the agency OR EITHER HOUSE OF THE
STATE LEGISLATURE at any time, or upon the request of any person for a
record excepted from disclosure pursuant to this subdivision, the agency
OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE shall:
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(1) inform the person who requested the exception of the agency's OR
SUCH HOUSE'S intention to determine whether such exception should be
granted or continued;
(2) permit the person who requested the exception, within ten business
days of receipt of notification from the agency OR RESPECTIVE HOUSE OF
THE STATE LEGISLATURE, to submit a written statement of the necessity
for the granting or continuation of such exception;
(3) within seven business days of receipt of such written statement,
or within seven business days of the expiration of the period prescribed
for submission of such statement, issue a written determination grant-
ing, continuing or terminating such exception and stating the reasons
therefor; copies of such determination shall be served upon the person,
if any, requesting the record, the person who requested the exception,
and the committee on [public access to records] OPEN GOVERNMENT.
(c) A denial of an exception from disclosure under paragraph (b) of
this subdivision may be appealed by the person submitting the informa-
tion and a denial of access to the record may be appealed by the person
requesting the record in accordance with this subdivision:
(1) Within seven business days of receipt of written notice denying
the request, the person may file a written appeal from the determination
of the agency OR THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE with the
head of the agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE, the
chief executive officer or governing body or their designated represen-
tatives.
(2) The appeal shall be determined within ten business days of the
receipt of the appeal. Written notice of the determination shall be
served upon the person, if any, requesting the record, the person who
requested the exception and the committee on [public access to records]
OPEN GOVERNMENT. The notice shall contain a statement of the reasons for
the determination.
(d) A proceeding to review an adverse determination pursuant to para-
graph (c) of this subdivision may be commenced pursuant to article
seventy-eight of the civil practice law and rules. Such proceeding, when
brought by a person seeking an exception from disclosure pursuant to
this subdivision, must be commenced within fifteen days of the service
of the written notice containing the adverse determination provided for
in subparagraph two of paragraph (c) of this subdivision. THE PROCEEDING
SHALL BE GIVEN PREFERENCE AND SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH
TERMS AND CONDITIONS AS THE PRESIDING JUSTICE MAY DIRECT, NOT TO EXCEED
FORTY-FIVE DAYS. APPEAL TO THE APPELLATE DIVISION OF THE SUPREME COURT
MUST BE MADE IN ACCORDANCE WITH LAW, AND MUST BE FILED WITHIN FIFTEEN
DAYS AFTER SERVICE BY A PARTY UPON THE APPELLANT OF A COPY OF THE JUDG-
MENT OR ORDER APPEALED FROM AND WRITTEN NOTICE OF ITS ENTRY. AN APPEAL
TAKEN FROM AN ORDER OF THE COURT REQUIRING DISCLOSURE SHALL BE GIVEN
PREFERENCE AND SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH TERMS AND CONDI-
TIONS AS THE PRESIDING JUSTICE MAY DIRECT, NOT TO EXCEED SIXTY DAYS.
THIS ACTION SHALL BE DEEMED ABANDONED WHEN THE PARTY REQUESTING AN
EXCLUSION FROM DISCLOSURE FAILS TO SERVE AND FILE A RECORD AND BRIEF
WITHIN THIRTY DAYS AFTER THE DATE OF THE NOTICE OF APPEAL. FAILURE BY
THE PARTY REQUESTING AN EXCLUSION FROM DISCLOSURE TO SERVE AND FILE A
RECORD AND BRIEF WITHIN THE ALLOTTED TIME SHALL RESULT IN THE DISMISSAL
OF THE APPEAL.
(e) The person requesting an exception from disclosure pursuant to
this subdivision shall in all proceedings have the burden of proving
entitlement to the exception.
S. 7510 43 A. 9510
(f) Where the agency OR THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE
denies access to a record pursuant to paragraph [(d) of] (B) OF THIS
SUBDIVISION IN CONJUNCTION WITH subdivision two of section eighty-seven
of this article, the agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE
shall have the burden of proving that the record falls within the
provisions of such exception.
(g) Nothing in this subdivision shall be construed to deny any person
access, pursuant to the remaining provisions of this article, to any
record or part excepted from disclosure upon the express written consent
of the person who had requested the exception.
(h) As used in this subdivision the term "agency" or "state agency"
means only a state department, board, bureau, division, council or
office and any public corporation the majority of whose members are
appointed by the governor.
(I) AS USED IN THIS SUBDIVISION THE TERM "STATE LEGISLATURE" MEANS THE
LEGISLATURE AS DEFINED IN SUBDIVISION TWO OF SECTION EIGHTY-SIX OF THIS
ARTICLE.
6. Nothing in this article shall be construed to limit or abridge any
otherwise available right of access at law or in equity of any party to
records.
7. Nothing in this article shall require the disclosure of the home
address of an officer or employee, former officer or employee, or of a
retiree of a public employees' retirement system; nor shall anything in
this article require the disclosure of the name or home address of a
beneficiary of a public employees' retirement system or of an applicant
for appointment to public employment; provided however, that nothing in
this subdivision shall limit or abridge the right of an employee organ-
ization, certified or recognized for any collective negotiating unit of
an employer pursuant to article fourteen of the civil service law, to
obtain the name or home address of any officer, employee or retiree of
such employer, if such name or home address is otherwise available under
this article.
8. Any person who, with intent to prevent the public inspection of a
record pursuant to this article, willfully conceals or destroys any such
record shall be guilty of a violation.
9. When records maintained electronically include items of information
that would be available under this article, as well as items of informa-
tion that may be withheld, an agency OR RESPECTIVE HOUSE OF THE STATE
LEGISLATURE in designing its information retrieval methods, whenever
practicable and reasonable, shall do so in a manner that permits the
segregation and retrieval of available items in order to provide maximum
public access.
§ 5. Subdivisions (t) and (u) of section 105 of the civil practice law
and rules, subdivision (u) as relettered by chapter 100 of the laws of
1994, are relettered subdivisions (u) and (v) and a new subdivision (t)
is added to read as follows:
(T) "STATE LEGISLATURE" MEANS THE NEW YORK STATE SENATE, NEW YORK
STATE ASSEMBLY, ANY COMMITTEE, SUBCOMMITTEE, JOINT COMMITTEE, SELECT
COMMITTEE, OR COMMISSION THEREOF, AND ANY MEMBERS, OFFICERS, REPRESEN-
TATIVES AND EMPLOYEES THEREOF.
§ 6. Subdivision (a) of section 7802 of the civil practice law and
rules is amended to read as follows:
(a) Definition of "body or officer". The expression "body or officer"
includes every court, tribunal, board, corporation, officer, STATE
LEGISLATURE, or other person, or aggregation of persons, whose action
may be affected by a proceeding under this article.
S. 7510 44 A. 9510
§ 7. Subdivision 3 of section 713 of the executive law, as amended by
section 16 of part B of chapter 56 of the laws of 2010, is amended to
read as follows:
3. Any reports prepared pursuant to this article shall not be subject
to disclosure pursuant to [section eighty-eight] ARTICLE SIX of the
public officers law.
§ 8. Section 70-0113 of the environmental conservation law is
REPEALED.
§ 9. Subdivision 4 of section 308 of the county law is REPEALED.
§ 10. This act shall take effect immediately; provided however that
the amendments to paragraphs (j), (k), (l), (m), (n), (n) and (o) of
subdivision 2 of section 87 of the public officers law made by section
two of this act shall not affect the repeal of such paragraphs and shall
be deemed repealed therewith.
PART H
Section 1. Section 51 of the executive law, as added by chapter 766 of
the laws of 2005, is amended to read as follows:
§ 51. Jurisdiction. This article shall, subject to the limitations
contained herein, confer upon the office of the state inspector general,
jurisdiction over all covered agencies. For the purposes of this article
"covered agency" shall include:
1. all executive branch agencies, departments, divisions, officers,
boards and commissions, public authorities (other than multi-state or
multi-national authorities), and public benefit corporations, the heads
of which are appointed by the governor and which do not have their own
inspector general by statute. Wherever a covered agency is a board,
commission, a public authority or public benefit corporation, the head
of the agency is the chairperson thereof; OR
2. AN ORGANIZATION OR FOUNDATION FORMED UNDER THE NOT-FOR-PROFIT
CORPORATION LAW OR ANY OTHER ENTITY FORMED FOR THE BENEFIT OF OR
CONTROLLED BY THE STATE UNIVERSITY OF NEW YORK OR THE CITY UNIVERSITY OF
NEW YORK OR THEIR RESPECTIVE UNIVERSITIES, COLLEGES, COMMUNITY COLLEGES,
CAMPUSES OR SUBDIVISIONS, INCLUDING THE RESEARCH FOUNDATION OF THE STATE
UNIVERSITY OF NEW YORK AND THE RESEARCH FOUNDATION OF THE CITY UNIVERSI-
TY OF NEW YORK, TO ASSIST IN MEETING THE SPECIFIC NEEDS OF, OR PROVIDING
A DIRECT BENEFIT TO, THE RESPECTIVE UNIVERSITY, COLLEGE, COMMUNITY
COLLEGE, CAMPUS OR SUBDIVISION OR THE UNIVERSITY AS A WHOLE, THAT HAS
CONTROL OF, MANAGES OR RECEIVES FIFTY THOUSAND DOLLARS OR MORE ANNUALLY,
INCLUDING ALUMNI ASSOCIATIONS. FOR THE PURPOSES OF THIS ARTICLE, THIS
TERM DOES NOT INCLUDE A STUDENT-RUN ORGANIZATION COMPRISED SOLELY OF
ENROLLED STUDENTS AND FORMED FOR THE PURPOSE OF ADVANCING A STUDENT
OBJECTIVE.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.
PART I
Section 1. The executive law is amended by adding a new section 53-a
to read as follows:
§ 53-A. STATE PROCUREMENT OVERSIGHT DEFINED. 1. FOR PURPOSES OF THIS
ARTICLE, "STATE PROCUREMENT" SHALL MEAN ANY LOAN, CONTRACT OR GRANT
AWARDED OR ENTERED INTO BY A COVERED AGENCY.
2. CONSISTENT WITH THE GENERAL INVESTIGATORY AUTHORITY OF THE STATE
INSPECTOR GENERAL AS ESTABLISHED IN THIS ARTICLE, THE STATE INSPECTOR
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GENERAL IS EXPRESSLY EMPOWERED TO INVESTIGATE ALLEGED CORRUPTION, FRAUD,
CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE, BY OFFICERS, EMPLOY-
EES AND CONTRACTED PARTIES RELATED TO ANY STATE PROCUREMENT.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.
PART J
Section 1. The education law is amended by adding a new section 6235
to read as follows:
§ 6235. PUBLIC UNIVERSITY FOUNDATION OVERSIGHT. 1. IT IS HEREBY ESTAB-
LISHED THAT THE OFFICE OF THE STATE INSPECTOR GENERAL SHALL INDEPENDENT-
LY OVERSEE IMPLEMENTATION AND ENFORCEMENT OF FINANCIAL CONTROL POLICIES
AT THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK
AND AFFILIATED NONPROFIT ORGANIZATIONS AND FOUNDATIONS PURSUANT TO THIS
SECTION.
2. (A) AS USED WITHIN THIS SECTION "OFFICE OF THE STATE INSPECTOR
GENERAL" MEANS THE OFFICE OF THE STATE INSPECTOR GENERAL AS ESTABLISHED
IN ARTICLE FOUR-A OF THE EXECUTIVE LAW AND "STATE INSPECTOR GENERAL"
MEANS THE STATE INSPECTOR GENERAL WHO IS THE HEAD OF THE OFFICE OF THE
STATE INSPECTOR GENERAL AS ESTABLISHED IN ARTICLE FOUR-A OF THE EXECU-
TIVE LAW.
(B) AS USED WITHIN THIS SECTION, "AFFILIATED NONPROFIT ORGANIZATION OR
FOUNDATION" MEANS AN ORGANIZATION OR FOUNDATION FORMED UNDER THE NOT-
FOR-PROFIT CORPORATION LAW OR ANY OTHER ENTITY FORMED FOR THE BENEFIT OF
OR CONTROLLED BY THE STATE UNIVERSITY OF NEW YORK OR THE CITY UNIVERSITY
OF NEW YORK OR THEIR RESPECTIVE UNIVERSITIES, COLLEGES, COMMUNITY
COLLEGES, CAMPUSES OR SUBDIVISIONS, INCLUDING THE RESEARCH FOUNDATION OF
THE STATE UNIVERSITY OF NEW YORK AND THE RESEARCH FOUNDATION OF THE CITY
UNIVERSITY OF NEW YORK, TO ASSIST IN MEETING THE SPECIFIC NEEDS OF, OR
PROVIDING A DIRECT BENEFIT TO, THE RESPECTIVE UNIVERSITY, COLLEGE,
COMMUNITY COLLEGE, CAMPUS OR SUBDIVISION OR THE UNIVERSITY AS A WHOLE,
THAT HAS CONTROL OF, MANAGES OR RECEIVES FIFTY THOUSAND DOLLARS OR MORE
ANNUALLY, INCLUDING ALUMNI ASSOCIATIONS. FOR THE PURPOSES OF THIS
SECTION, THIS TERM DOES NOT INCLUDE A STUDENT-RUN ORGANIZATION COMPRISED
SOLELY OF ENROLLED STUDENTS AND FORMED FOR THE PURPOSE OF ADVANCING A
STUDENT OBJECTIVE.
3. (A) FOR THE PURPOSES OF THIS SECTION, THE STATE INSPECTOR GENERAL
SHALL HAVE THE SAME POWERS ENUMERATED IN ARTICLE FOUR-A OF THE EXECUTIVE
LAW.
(B) THE STATE INSPECTOR GENERAL SHALL REQUIRE THAT EACH AFFILIATED
NONPROFIT ORGANIZATION OR FOUNDATION ADOPT WRITTEN POLICIES INCLUDING
BY-LAWS CONSISTENT WITH THE REQUIREMENTS OF THIS PARAGRAPH. EACH AFFIL-
IATED NONPROFIT ORGANIZATION OR FOUNDATION SHALL, IN CONSULTATION WITH
THE STATE INSPECTOR GENERAL, ADOPT WRITTEN POLICIES DESIGNED TO PREVENT
CORRUPTION, FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE.
(C) THE STATE INSPECTOR GENERAL SHALL HAVE THE AUTHORITY TO APPOINT,
IN CONSULTATION WITH THE STATE UNIVERSITY OF NEW YORK AND THE CITY
UNIVERSITY OF NEW YORK AND ANY RESPECTIVE CAMPUS OF THE STATE UNIVERSITY
OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK, COMPLIANCE OFFICERS
FROM WITHIN THE STAFF OF THE STATE UNIVERSITY OF NEW YORK AND THE CITY
UNIVERSITY OF NEW YORK AND ANY CAMPUS OF THE STATE UNIVERSITY OF NEW
YORK AND THE CITY UNIVERSITY OF NEW YORK TO PROVIDE ASSISTANCE IN OVER-
SIGHT AND MONITORING OF POLICIES ESTABLISHED BY AFFILIATED NONPROFIT
ORGANIZATIONS AND FOUNDATIONS.
S. 7510 46 A. 9510
4. FAILURE BY AN AFFILIATED NONPROFIT ORGANIZATION OR FOUNDATION TO
COMPLY WITH ANY PROVISION OF THIS SECTION SHALL RENDER THE AFFILIATED
NONPROFIT ORGANIZATION OR FOUNDATION INELIGIBLE TO RECEIVE STATE AID OR
ASSISTANCE OR ANY AID OR ASSISTANCE FROM THE STATE UNIVERSITY OF NEW
YORK, THE CITY UNIVERSITY OF NEW YORK OR THE RESPECTIVE CAMPUSES UNTIL
THE STATE INSPECTOR GENERAL HAS CERTIFIED THAT SUCH ENTITY IS IN COMPLI-
ANCE WITH THE PROVISIONS OF THIS SECTION. UPON A DETERMINATION OF
NONCOMPLIANCE AND INELIGIBILITY, THE STATE INSPECTOR GENERAL SHALL
PROVIDE THE ORGANIZATION WITH WRITTEN NOTICE OF SUCH FINAL DETERMI-
NATION, INCLUDING THE BASIS THEREOF, WHICH SHALL BE SUBJECT TO REVIEW
PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART K
Section 1. The executive law is amended by adding a new section 4-b to
read as follows:
§ 4-B. CHIEF PROCUREMENT OFFICER. THERE SHALL BE A CHIEF PROCUREMENT
OFFICER, APPOINTED BY THE GOVERNOR, FOR THE STATE OF NEW YORK WHO SHALL
SERVE AS THE PRINCIPAL OFFICER TASKED WITH OVERSIGHT OF ALL STATE
PROCUREMENTS, WHOSE DUTIES SHALL INCLUDE, BUT NOT BE LIMITED TO, ENSUR-
ING THE WISE AND PRUDENT USE OF PUBLIC MONEY IN THE BEST INTEREST OF THE
TAXPAYERS OF THE STATE AND GUARDING AGAINST FAVORITISM, IMPROVIDENCE,
EXTRAVAGANCE, FRAUD AND CORRUPTION IN CONNECTION WITH ALL PROCUREMENTS
OF STATE AGENCIES AS SUCH TERM IS DEFINED IN SECTION ONE HUNDRED SIXTY
OF THE STATE FINANCE LAW AND PUBLIC AUTHORITIES AS SUCH TERM IS DEFINED
IN SECTION TWO OF THE PUBLIC AUTHORITIES LAW. THE CHIEF PROCUREMENT
OFFICER SHALL HAVE THE AUTHORIZATION TO REVIEW ANY PROCUREMENT AND
REPORT PROMPTLY ANY SUSPICION OR ALLEGATION OF CORRUPTION, FRAUD, CRIMI-
NAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN ANY AGENCY OR AUTHORI-
TY'S PROCUREMENT TO THE OFFICE OF THE STATE INSPECTOR GENERAL FOR APPRO-
PRIATE ACTION. PRIOR TO MAKING SUCH A REPORT, THE CHIEF PROCUREMENT
OFFICER SHALL INFORM THE HEADS OF THE RELEVANT AGENCIES AND AUTHORITIES
OF SUCH SUSPICION OR ALLEGATION AND THE PROGRESS OF INVESTIGATIONS
RELATED THERETO, UNLESS SPECIAL CIRCUMSTANCES REQUIRE CONFIDENTIALITY.
§ 2. Paragraph a of subdivision 1 of section 161 of the state finance
law, as amended by chapter 452 of the laws of 2012, is amended to read
as follows:
a. The state procurement council shall continuously strive to improve
the state's procurement process. Such council shall consist of [twen-
ty-one] TWENTY-TWO members, including THE CHIEF PROCUREMENT OFFICER AS
ESTABLISHED PURSUANT TO SECTION FOUR-B OF THE EXECUTIVE LAW, the commis-
sioner, the state comptroller, the director of the budget, the chief
diversity officer and the commissioner of economic development, or their
respective designees; seven members who shall be the heads of other
large and small state agencies chosen by the governor, or their respec-
tive designees; one member, appointed by the governor, representing a
not-for-profit New York-based organization engaged in the marketing
and/or promotion of New York grown farm and agricultural products or a
not-for-profit New York-based organization engaged solely in the advoca-
cy, marketing and/or promotion of organic New York grown farm and agri-
cultural products to be limited to a two year term; and eight at large
members appointed as follows: three appointed by the temporary president
of the senate, one of whom shall be a representative of local government
and one of whom shall be a representative of private business; three
S. 7510 47 A. 9510
appointed by the speaker of the assembly, one of whom shall be a repre-
sentative of local government and one of whom shall be a representative
of private business; one appointed by the minority leader of the senate;
and, one appointed by the minority leader of the assembly; and two non-
voting observers appointed as follows: one appointed by the temporary
president of the senate and one appointed by the speaker of the assem-
bly. The non-voting observers shall be provided, contemporaneously, all
documentation and materials distributed to members. The council shall be
chaired by THE CHIEF PROCUREMENT OFFICER, OR, BY the commissioner and
shall meet at least quarterly.
§ 3. Subdivision 1 of section 55 of the executive law, as added by
chapter 766 of the laws of 2005, is amended to read as follows:
1. Every state officer or employee in a covered agency, AND THE CHIEF
PROCUREMENT OFFICER APPOINTED BY THE GOVERNOR AS ESTABLISHED BY SECTION
FOUR-B OF THIS CHAPTER, shall report promptly to the state inspector
general any information concerning corruption, fraud, criminal activity,
conflicts of interest or abuse by another state officer or employee
relating to his or her office or employment, or by a person having busi-
ness dealings with a covered agency relating to those dealings. The
knowing failure of any officer or employee to so report shall be cause
for removal from office or employment or other appropriate penalty. Any
officer or employee who acts pursuant to this subdivision by reporting
to the state inspector general improper governmental action as defined
in section seventy-five-b of the civil service law shall not be subject
to dismissal, discipline or other adverse personnel action.
§ 4. Paragraphs (a), (c), and (d) of subdivision 5 and paragraph (a)
of subdivision 8 of section 2879 of the public authorities law, para-
graph (a) of subdivision 5 as amended by chapter 531 of the laws of
1993, paragraphs (c) and (d) of subdivision 5 as amended by chapter 383
of the laws of 2000, and paragraph (a) of subdivision 8 as amended by
chapter 844 of the laws of 1992, are amended to read as follows:
(a) Each corporation shall notify the commissioner of economic devel-
opment AND THE CHIEF PROCUREMENT OFFICER AS DEFINED IN SECTION FOUR-B OF
THE EXECUTIVE LAW, of the award of a procurement contract for the
purchase of goods or services from a foreign business enterprise in an
amount equal to or greater than one million dollars simultaneously with
notifying the successful bidder therefor. No corporation shall thereaft-
er enter into a procurement contract for said goods or services until at
least fifteen days has elapsed, except for procurement contracts awarded
on an emergency or critical basis, or where the commissioner of economic
development waives the provisions of this sentence. The notification to
the commissioner of economic development AND THE CHIEF PROCUREMENT OFFI-
CER shall include the name, address and telephone and facsimile number
of the foreign business enterprise, a brief description of the goods or
services to be obtained pursuant to the proposed procurement contract,
the amount of the proposed procurement contract, the term of the
proposed procurement contract, and the name of the individual at the
foreign business enterprise or acting on behalf of the same who is prin-
cipally responsible for the proposed procurement contract. Such notifi-
cation shall be used by the commissioner of economic development solely
to provide notification to New York state business enterprises of oppor-
tunities to participate as subcontractors and suppliers on such procure-
ment contracts, to promote and encourage the location and development of
new business in the state, to assist New York state business enterprises
in obtaining offset credits from foreign countries, and to otherwise
investigate, study and undertake means of promoting and encouraging the
S. 7510 48 A. 9510
prosperous development and protection of the legitimate interest and
welfare of New York state business enterprises, industry and commerce.
(c) In including any additional business enterprises on invitations to
bid for the procurement of goods or services, the chief executive offi-
cer of the corporation shall not include any foreign business enterprise
which has its principal place of business located in a discriminatory
jurisdiction contained on the list prepared by the commissioner of
economic development pursuant to subdivision six of section one hundred
sixty-five of the state finance law, except, however, business enter-
prises which are New York state business enterprises as defined by this
section. The corporation may waive the application of the provisions of
this section whenever the chief executive officer of the corporation
determines in writing that it is in the best interests of the state to
do so. The chief executive officer of the corporation shall deliver each
such waiver to the commissioner of economic development AND THE CHIEF
PROCUREMENT OFFICER.
(d) A corporation shall not enter into a contract with a foreign busi-
ness enterprise which has its principal place of business located in a
discriminatory jurisdiction contained on the list prepared by the
commissioner of economic development pursuant to subdivision six of
section one hundred sixty-five of the state finance law. The provisions
of this section may be waived by the chief executive officer of the
corporation if the chief executive officer of the corporation determines
in writing that it is in the best interests of the state to do so. The
chief executive officer of the corporation shall deliver each such waiv-
er to the commissioner of economic development AND THE CHIEF PROCUREMENT
OFFICER.
(a) Each corporation shall annually submit its report on procurement
contracts to the division of the budget and copies thereof to the
department of audit and control, the department of economic development,
the senate finance committee and the assembly ways and means committee
AND THE CHIEF PROCUREMENT OFFICER.
§ 5. This act shall take effect on the sixtieth day after it shall
have become a law.
PART L
Section 1. The election law is amended by adding a new section 14-131
to read as follows:
§ 14-131. GOVERNMENT VENDOR CONTRIBUTIONS. 1. (A) IT SHALL BE UNLAWFUL
DURING THE RESTRICTED VENDOR CONTRIBUTION PERIOD FOR ANY PERSON, ORGAN-
IZATION, GROUP OF PERSONS, OR BUSINESS ENTITY THAT SUBMITS A BID, QUOTA-
TION, OFFER OR RESPONSE TO A STATE GOVERNMENTAL ENTITY POSTING OR SOLIC-
ITATION FOR PROCUREMENT TO MAKE A CONTRIBUTION TO ANY OFFICEHOLDER OF
THE STATE GOVERNMENTAL ENTITY OR ENTITIES ISSUING SUCH POSTING OR SOLIC-
ITATION, EVALUATING SUCH RESPONSE OR APPROVING OR AWARDING THE FINAL
PROCUREMENT CONTRACT, OR TO ANY CANDIDATE FOR AN OFFICE OF SUCH GOVERN-
MENTAL ENTITY, INCLUDING TO SUCH OFFICEHOLDER'S OR CANDIDATE'S AUTHOR-
IZED POLITICAL COMMITTEES.
(B) FOR PURPOSES OF THIS SECTION THE ASSEMBLY AND SENATE SHALL BE
SEPARATE AND DISTINCT GOVERNMENTAL ENTITIES WHEN A PARTICULAR POSTING OR
SOLICITATION FOR PROCUREMENT IS ISSUED BY ONLY ONE RESPECTIVE HOUSE.
(C) THE STATE GOVERNMENTAL ENTITY DIRECTLY RESPONSIBLE FOR ISSUING
SUCH POSTING OR SOLICITATION FOR PROCUREMENT SHALL INCLUDE A NOTICE OF
THE PROHIBITION ESTABLISHED BY THIS SECTION AND THE STATE GOVERNMENTAL
ENTITY RESPONSIBLE FOR EVALUATING RESPONSES TO SUCH POSTING OR SOLICITA-
S. 7510 49 A. 9510
TION SHALL PROVIDE TO ANY PERSON, ORGANIZATION, GROUP OF PERSONS, OR
BUSINESS ENTITY THAT SUBMITS A PROPOSAL IN RESPONSE TO SUCH POSTING OR
SOLICITATION A NOTICE OF THE PROHIBITION ESTABLISHED BY THIS SECTION AND
THE RESTRICTED VENDOR CONTRIBUTION PERIOD COMMENCEMENT DATE.
2. AS USED IN THIS SECTION "BUSINESS ENTITY" MEANS A BUSINESS CORPO-
RATION, PROFESSIONAL SERVICES CORPORATION, LIMITED LIABILITY COMPANY,
PARTNERSHIP, LIMITED PARTNERSHIP, BUSINESS TRUST, ASSOCIATION OR ANY
OTHER LEGAL COMMERCIAL ENTITY ORGANIZED UNDER THE LAWS OF THIS STATE OR
ANY OTHER STATE OR FOREIGN JURISDICTION, INCLUDING ANY SUBSIDIARY
DIRECTLY OR INDIRECTLY CONTROLLED BY THE BUSINESS ENTITY, AND ANY POLI-
TICAL ORGANIZATION, INCLUDING BUT NOT LIMITED TO ANY POLITICAL ORGANIZA-
TION ORGANIZED UNDER SECTION 527 OF THE INTERNAL REVENUE CODE, THAT IS
DIRECTLY OR INDIRECTLY CONTROLLED BY THE BUSINESS ENTITY.
3. THE RESTRICTED VENDOR CONTRIBUTION PERIOD DESCRIBED IN THIS SECTION
SHALL COMMENCE, WITH RESPECT TO A SPECIFIC PERSON, ORGANIZATION, GROUP
OF PERSONS, OR BUSINESS ENTITY THAT SUBMITS A BID, QUOTATION, OFFER OR
RESPONSE TO THE STATE GOVERNMENTAL ENTITY POSTING OR SOLICITATION, AT
THE EARLIEST POSTING, ON A STATE GOVERNMENTAL ENTITY'S WEBSITE, IN A
NEWSPAPER OF GENERAL CIRCULATION OR IN THE PROCUREMENT OPPORTUNITIES
NEWSLETTER IN ACCORDANCE WITH ARTICLE FOUR-C OF THE ECONOMIC DEVELOPMENT
LAW OF WRITTEN NOTICE, ADVERTISEMENT OR SOLICITATION OF A REQUEST FOR
PROPOSAL, INVITATION FOR BIDS, OR SOLICITATIONS OF PROPOSALS, OR ANY
OTHER METHOD PROVIDED FOR BY LAW OR REGULATION FOR SOLICITING A RESPONSE
FROM OFFERERS INTENDING TO RESULT IN A PROCUREMENT CONTRACT WITH A STATE
GOVERNMENTAL ENTITY. THE RESTRICTED VENDOR CONTRIBUTION PERIOD DOES NOT
APPLY TO A PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY
THAT IS RESPONDING TO A STATE GOVERNMENTAL ENTITY'S REQUEST FOR INFORMA-
TION OR OTHER INFORMATIONAL EXCHANGES OCCURRING PRIOR TO SUCH GOVERN-
MENTAL ENTITY'S POSTING OR SOLICITATION FOR PROCUREMENT.
4. THE RESTRICTED VENDOR CONTRIBUTION PERIOD DESCRIBED IN THIS SECTION
SHALL END WITH RESPECT TO A SPECIFIC PERSON, ORGANIZATION, GROUP OF
PERSONS, OR BUSINESS ENTITY AS FOLLOWS:
(A) IF THE PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY
IS THE RECIPIENT OF THE FINAL CONTRACT AWARD, THE RESTRICTED VENDOR
CONTRIBUTION PERIOD SHALL END SIX MONTHS AFTER THE FINAL CONTRACT AWARD
AND APPROVAL BY THE STATE GOVERNMENTAL ENTITY AND, WHERE APPLICABLE, THE
STATE COMPTROLLER.
(B) IF THE PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY
IS NOT THE RECIPIENT OF THE FINAL CONTRACT AWARD, THE RESTRICTED VENDOR
CONTRIBUTION PERIOD SHALL END WITH THE FINAL CONTRACT AWARD AND APPROVAL
BY THE STATE GOVERNMENTAL ENTITY AND, WHERE APPLICABLE, THE STATE COMP-
TROLLER.
§ 2. Section 14-126 of the election law is amended by adding a new
subdivision 7 to read as follows:
7. (A) ANY PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY
AS THAT TERM IS USED IN SECTION 14-131 OF THIS ARTICLE, WHO, UNDER
CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE SUCH LAW, MAKES A CONTRIB-
UTION IN CONTRAVENTION OF SECTION 14-131 OF THIS ARTICLE SHALL BE
SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THE GREATER OF TEN THOUSAND
DOLLARS OR AN AMOUNT EQUAL TO TWO HUNDRED PERCENT OF THE CONTRIBUTION,
TO BE RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT
BY THE STATE BOARD OF ELECTIONS CHIEF ENFORCEMENT COUNSEL.
(B) ANY PERSON WHO, ACTING AS OR ON BEHALF OF AN OFFICEHOLDER, CANDI-
DATE, OR POLITICAL COMMITTEE, ACCEPTS A CONTRIBUTION IN CONTRAVENTION OF
SECTION 14-131 OF THIS ARTICLE SHALL BE REQUIRED TO REFUND SUCH CONTRIB-
UTION.
S. 7510 50 A. 9510
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART M
Section 1. 1. The New York state comptroller, or his or her designee,
the attorney general of the state of New York, or his or her designee,
the chief information officer of the office of information technology
services, or his or her designee, and the commissioner of general
services, or his or her designee, are hereby directed to collectively
prepare a report regarding the feasibility of developing a system which
would require the assignment of single identifying vendor codes or
numbers to all contractors, vendors and grantees directly receiving
payments of state funds to facilitate the tracking of such entities and
facilitate the tracking of final audit determinations of such entities
issued by the attorney general and the state comptroller. This system
must consider and serve to supplement existing coding systems and shall
be made publicly available. Such feasibility report shall include, but
not be limited to, the group's assessment, analysis and findings on the
information gathered after taking into consideration input from all
group members, alternatives considered, the fiscal impact, and the
effect the proposed system would have on the state and existing systems.
The report shall be provided to the governor, temporary president of the
senate and the speaker of the assembly on or before September 1, 2018.
2. If all members of the group determine that it is feasible to devel-
op such a system, the system shall be implemented no later than Septem-
ber 1, 2019. The director of the budget, or his or her designee, shall
make the final determination regarding the codes or numbers that shall
serve as the single identifier for such entities if, after the issuance
of the report, the group is unable to reach agreement regarding which
identifying codes or numbers should be used for the subject system. Such
determination shall be based on the most cost effective manner of imple-
menting such codes or numbers that would have the least fiscal impact to
the state of New York.
3. If the group determines that it is not feasible to develop such a
system pursuant to subdivision one of this section, the group shall
submit an additional feasibility report to the governor, temporary pres-
ident of the senate and the speaker of the assembly on or before Decem-
ber 1, 2018, which shall include, but not be limited to, the barriers to
implementing such a system, the findings of the initial feasibility
report and further recommendations.
§ 2. This act shall take effect immediately.
§ 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.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through M of this act shall be
as specifically set forth in the last section of such Parts.
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