Assembly Bill A10009

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10009
 
                           I N  A S S E M B L Y
 
                               March 4, 2020
                                ___________
 
 Introduced  by M. of A. WALCZYK -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the public officers law  and  the  legislative  law,  in
   relation  to  the  receipt of monies by members of the legislature for
   purposes of legal defense
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. The public officers law is amended by adding a new section
 77-b to read as follows:
   § 77-B. DISCLOSURE OF SPECIAL DEFENSE FUNDS RECEIVED BY MEMBERS OF THE
 LEGISLATURE. 1. CONTRIBUTIONS MADE BY ANY PERSON, FIRM,  ASSOCIATION  OR
 CORPORATION  TO  A MEMBER OF THE STATE LEGISLATURE WHICH ARE INTENDED TO
 BE USED BY SUCH MEMBER, OR ON BEHALF OF SUCH MEMBER, FOR THE PAYMENT  OF
 LEGAL SERVICES AND OTHER CHARGES IN CONNECTION WITH THE LEGAL DEFENSE OF
 SUCH  MEMBER  IN  ANY  PAST OR PENDING CIVIL OR CRIMINAL ACTION SHALL BE
 SUBJECT TO THE MONETARY LIMITATIONS SET  FORTH  IN  SUBDIVISION  ONE  OF
 SECTION  14-114  OF  THE  ELECTION  LAW.  SUCH  CONTRIBUTIONS  SHALL  BE
 DISCLOSED ANNUALLY TO THE LEGISLATIVE ETHICS COMMISSION ON SWORN  STATE-
 MENTS  SETTING FORTH THE DOLLAR AMOUNT OF ANY RECEIPT OR CONTRIBUTION OR
 THE FAIR MARKET VALUE OF ANY RECEIPT OR CONTRIBUTION WHICH IS OTHER THAN
 OF MONEY, THE NAME AND ADDRESS OF THE CONTRIBUTOR OR  PERSON  FROM  WHOM
 RECEIVED.  ANY  STATEMENT  REPORTING  A LOAN SHALL HAVE ATTACHED TO IT A
 COPY OF THE EVIDENCE OF INDEBTEDNESS. THE LEGISLATIVE ETHICS  COMMISSION
 SHALL PROVIDE FORMS SUITABLE FOR SUCH STATEMENTS.
   2.  FOR  THE  PURPOSES OF THIS SECTION, "CONTRIBUTION" MEANS ANY GIFT,
 SUBSCRIPTION, ADVANCE, OR DEPOSIT OF MONEY OR ANY THING OF  VALUE,  MADE
 IN  CONNECTION  WITH THE LEGAL DEFENSE OF A MEMBER OF THE LEGISLATURE IN
 CONNECTION WITH A CIVIL OR CRIMINAL ACTION AGAINST SUCH MEMBER,  INCLUD-
 ING  BUT  NOT  LIMITED  TO COMPENSATION FOR THE PERSONAL SERVICES OF ANY
 INDIVIDUAL WHICH ARE RENDERED IN  CONNECTION  WITH  SUCH  LEGAL  DEFENSE
 WITHOUT  CHARGE.  A  LOAN  MADE  TO  A  MEMBER OF THE LEGISLATURE BY ANY
 PERSON, FIRM, ASSOCIATION OR  CORPORATION  OTHER  THAN  IN  THE  REGULAR
 COURSE  OF  THE LENDER'S BUSINESS SHALL BE DEEMED A CONTRIBUTION FOR THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05925-01-9

 A. 10009                            2
 
 PURPOSES OF THIS SECTION.  THE PROVISIONS OF THIS SECTION SHALL APPLY TO
 CONTRIBUTIONS MADE ON AND AFTER JANUARY FIRST, TWO THOUSAND NINETEEN.
   3. ANY ANONYMOUS CONTRIBUTIONS RECEIVED BY A MEMBER OF THE LEGISLATURE
 FOR  THE LEGAL DEFENSE OF SUCH MEMBER SHALL NOT BE USED OR EXPENDED, BUT
 THE SAME SHALL BE PAID OVER TO THE COMPTROLLER OF THE STATE OF NEW  YORK
 FOR DEPOSIT IN THE GENERAL TREASURY OF THE STATE UNLESS, BEFORE THE DATE
 FOR  FILING  STATEMENTS  AND REPORTS AS HEREIN PROVIDED, THE IDENTITY OF
 SUCH ANONYMOUS CONTRIBUTOR SHALL BECOME KNOWN, AND, IN  SUCH  EVENT  THE
 ANONYMOUS CONTRIBUTION SHALL BE RETURNED TO SUCH CONTRIBUTOR OR RETAINED
 AND PROPERLY REPORTED AS A CONTRIBUTION FROM SUCH CONTRIBUTOR.
   § 2. Paragraph (vii) of subdivision (j) of section 1-c of the legisla-
 tive  law,  as amended by section 1 of part D of chapter 399 of the laws
 of 2011, is amended to read as follows:
   (vii) gifts from a family member, member of  the  same  household,  or
 person  with a personal relationship with the public official, including
 invitations to attend personal or family social events, when the circum-
 stances  establish  that  it  is  the  family,  household,  or  personal
 relationship that is the primary motivating factor; in determining moti-
 vation,  the  following factors shall be among those considered: (A) the
 history and nature of the relationship between the donor and the recipi-
 ent, including whether or not items have previously been exchanged;  (B)
 whether  the item was purchased by the donor; and (C) whether or not the
 donor at the same time gave similar items to other public officials; the
 transfer shall not be considered to be motivated by a family, household,
 or personal relationship if the donor seeks  to  charge  or  deduct  the
 value  of  such item as a business expense or seeks reimbursement from a
 client. CONTRIBUTIONS MADE BY ANY INDIVIDUAL OR ENTITY  REQUIRED  TO  BE
 LISTED  ON  A  STATEMENT  OF  REGISTRATION PURSUANT TO THIS ARTICLE TO A
 MEMBER OF THE STATE LEGISLATURE WHICH ARE INTENDED TO BE  USED  BY  SUCH
 MEMBER OR ON BEHALF OF SUCH MEMBER FOR THE PAYMENT OF LEGAL SERVICES AND
 OTHER CHARGES IN CONNECTION WITH THE LEGAL DEFENSE OF SUCH MEMBER IN ANY
 PAST OR PENDING CIVIL OR CRIMINAL ACTION SHALL BE CONSIDERED GIFTS UNDER
 THIS ARTICLE;
   §  3.  Subdivision 13 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:
   13. Within one hundred twenty days  of  the  effective  date  of  this
 subdivision,  the  commission  shall  create  and  thereafter maintain a
 publicly accessible website which shall  set  forth  the  procedure  for
 filing a complaint with the joint commission on public ethics, and which
 shall contain DISCLOSURE FORMS FILED PURSUANT TO SECTION SEVENTY-SEVEN-B
 OF  THE  PUBLIC  OFFICERS LAW AND any other records or information which
 the commission determines to be appropriate.
   § 4. This act shall take effect immediately provided that section  one
 of this act shall be deemed to have been in full force and effect on and
 after January 1, 2019.