Senate Bill S825

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    825
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. KRUEGER, LIU -- read twice and ordered printed, and
   when printed to be committed to the Committee on Elections
 
 AN ACT to amend the election law, the public officers law, the  legisla-
   tive  law and the executive law, in relation to statements of campaign
   receipts, contributions, transfers and expenditures
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of section 14-102 of the election law, as
 amended by chapter 8 and 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 article
 setting forth all the receipts, contributions to and the expenditures by
 and  liabilities  of  the  committee,  and  of its officers, members and
 agents in its behalf. Such statements shall include the dollar amount of
 any receipt, contribution or transfer, or the fair market value  of  any
 receipt,  contribution  or  transfer,  which is other than of money, the
 name and address of the transferor,  contributor  or  person  from  whom
 received,  IF THE CONTRIBUTOR IS A LOBBYIST REGISTERED PURSUANT TO ARTI-
 CLE ONE-A OF THE LEGISLATIVE LAW and if the transferor,  contributor  or
 person  is  a  political  committee;  the name of and the political unit
 represented by the committee, the date of its receipt, the dollar amount
 of every expenditure, the name and address of the person to whom it  was
 made  or the name of and the political unit represented by the committee
 to which it was made and the date thereof, and shall state  clearly  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04361-01-1

 S. 825                              2
 
 purpose  of  such expenditure. 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 sepa-
 rate  items in said statements, and receipts and contributions aggregat-
 ing 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 arti-
 cle.
   § 2. Subdivision 3 of section 74 of the public officers law is amended
 by adding a new paragraph j to read as follows:
   J. NO LEGISLATIVE EMPLOYEE SHOULD SOLICIT, ACCEPT, RECEIVE, DISTRIBUTE
 OR BE THE CUSTODIAN OF ANY MONEY IN CONNECTION WITH ANY CAMPAIGN FOR THE
 NOMINATION FOR ELECTION, OR THE ELECTION, OF ANY OTHER INDIVIDUAL TO THE
 LEGISLATURE OR STATEWIDE OFFICE.  THE  PROVISIONS  OF  THIS  SUBDIVISION
 SHALL  NOT  APPLY  TO  THE  LEGISLATIVE EMPLOYEE EXPRESSLY DESIGNATED IN
 WRITING BY THE APPOINTING AUTHORITY OF SUCH LEGISLATIVE EMPLOYEE AND  ON
 FILE  WITH  THE  STATE  BOARD  OF  ELECTIONS  AND THE LEGISLATIVE ETHICS
 COMMISSION TO SOLICIT, ACCEPT, RECEIVE, DISTRIBUTE OR BE  THE  CUSTODIAN
 OF  SUCH  CAMPAIGN FUNDS.   NOTWITHSTANDING THE PROVISIONS OF THIS PARA-
 GRAPH, A LEGISLATIVE EMPLOYEE MAY ASSIST IN THE  PLANNING  OF  POLITICAL
 FUNDRAISING  EVENTS  RELATED TO AN ELECTION TO THE LEGISLATURE OR STATE-
 WIDE OFFICE, SO LONG AS SUCH PLANNING ASSISTANCE DOES NOT INCLUDE  HOST-
 ING ANY SUCH FUNDRAISING EVENT OR OTHER INVOLVEMENT IN THE ACTUAL SOLIC-
 ITATION OR ACCEPTANCE OF CAMPAIGN FUNDS.
   § 3. Subdivision 3 of section 74 of the public officers law is amended
 by adding a new paragraph k to read as follows:
   K.  NO  MEMBER OF THE LEGISLATURE SHALL DIRECTLY OR INDIRECTLY USE HIS
 OR HER AUTHORITY OR OFFICIAL INFLUENCE TO COMPEL OR INDUCE ANY  LEGISLA-
 TIVE  EMPLOYEE  NOT  ALREADY  DESIGNATED  IN  WRITING  BY SUCH MEMBER IN
 ACCORDANCE WITH PROVISIONS  OF  THIS  SUBDIVISION  TO  SOLICIT,  ACCEPT,
 RECEIVE,  DISTRIBUTE OR BE THE CUSTODIAN OF ANY MONEY IN CONNECTION WITH
 ANY CAMPAIGN FOR THE NOMINATION FOR ELECTION, OR THE  ELECTION,  OF  ANY
 INDIVIDUAL TO THE LEGISLATURE OR STATEWIDE OFFICE.
   §  4.  The  closing  paragraph  of subdivision 10 of section 80 of the
 legislative law, as added by section 9 of part A of chapter 399  of  the
 laws of 2011, is amended to read as follows:
   The   commission's  disposition  shall  be  reported  in  writing  and
 published on its website no later than ten days after  such  disposition
 unless requested by a law enforcement agency to suspend the commission's
 action because of an ongoing criminal investigation.  THE DISPOSITION OF
 ANY  VIOLATION  OF  PARAGRAPH J OF SUBDIVISION THREE OF SECTION SEVENTY-
 FOUR OF THE PUBLIC OFFICERS LAW SHALL ALSO BE REPORTED, WITHIN TEN  DAYS
 OF  SUCH  DISPOSITION,  TO  THE  APPOINTING AUTHORITY FOR THE INDIVIDUAL
 SUBJECT TO THE JURISDICTION OF THE COMMISSION.
   § 5. Subdivision 14-b of section 94 of the executive law, as added  by
 section  6  of  part A of chapter 399 of the laws of 2011, is amended to
 read as follows:
   14-b. With respect to the investigation of any individual who is not a
 member of the legislature or a legislative  employee  or  candidate  for
 member  of the legislature, if after its investigation the joint commis-
 sion has found a substantial basis to conclude that the  individual  has
 violated  the  public  officers  law  or  the legislative law, the joint
 commission shall send a substantial basis investigation report  contain-
 ing  its  findings  of fact and conclusions of law to the individual AND
 THE APPOINTING AUTHORITY, IF ANY, FOR SUCH INDIVIDUAL.  With respect  to

 S. 825                              3
 
 an  individual who is a statewide elected official or a direct appointee
 of such an official, no violation  may  be  found  unless  the  majority
 voting  in  support  of  such  a  finding  includes at least two members
 appointed  by  the  governor and lieutenant governor and enrolled in the
 individual's major political party, if he or she is enrolled in a  major
 political  party.  Where  the  subject  of such investigation is a state
 officer or employee who is not a direct appointee of a statewide elected
 official, at least two of the eight or more members who vote to issue  a
 substantial  basis  investigation report must have been appointed by the
 governor and lieutenant governor.  The  commission  shall  release  such
 report publicly within forty-five days of its issuance.
   §  6.  The  opening  paragraph  of  subdivision 4 of section 74 of the
 public officers law is designated paragraph a and a new paragraph  b  is
 added to read as follows:
   B.  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION,
 NO LEGISLATIVE  EMPLOYEE  SHALL  BE  FINED  OR  SUSPENDED  FOR  A  FIRST
 VIOLATION  OF THE PROVISIONS OF PARAGRAPH J OF SUBDIVISION THREE OF THIS
 SECTION.
   § 7. Subdivision 3 of section 74 of the public officers law is amended
 by adding a new paragraph l to read as follows:
   L. NO MEMBER OF THE LEGISLATURE OR LEGISLATIVE EMPLOYEE SHOULD  ACCEPT
 ANY  CONTRIBUTION REPORTABLE UNDER ARTICLE FOURTEEN OF THE ELECTION LAW,
 INCLUDING CONTRIBUTIONS  MADE  IN  VIOLATION  OF  THAT  ARTICLE  OF  THE
 ELECTION  LAW,  IF IT IS REASONABLE TO BELIEVE THAT SUCH CONTRIBUTION IS
 BEING MADE OR GIVEN IN LIEU OF COMPENSATION, REWARD,  EMPLOYMENT,  GIFT,
 HONORARIUM,  TRAVEL REIMBURSEMENT, SUBSISTENCE EXPENSE OR OTHER THING OF
 VALUE FROM ANY SOURCE, FOR ANY SERVICE, ADVICE, ASSISTANCE,  APPEARANCE,
 SPEECH  OR  OTHER  MATTER RELATED TO THE EXERCISE OF HIS OR HER OFFICIAL
 DUTIES.
   § 8. This act shall take effect on the sixtieth  day  after  it  shall
 have  become a law; provided, however, that the state board of elections
 shall notify  all  registered  campaign  committees  of  the  applicable
 provisions  of  this  act  within  thirty days after this act shall have
 become a law.