S T A T E O F N E W Y O R K
________________________________________________________________________
S. 6355 A. 8555
S E N A T E - A S S E M B L Y
January 21, 2014
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the vehicle and traffic law, in relation to the revoca-
tion of driver's licenses for multiple convictions of driving while
intoxicated, civil penalties, and aggravated unlicensed operation of a
motor vehicle; and to repeal certain provisions of such law relating
thereto (Part A); to amend the vehicle and traffic law, in relation to
the suspension and revocation of certain driver's licenses for
violations relating to the use of mobile telephones and portable elec-
tronic devices while driving and increased fines for such violations
(Part B); to amend chapter 503 of the laws of 2009, relating to the
disposition of monies recovered by county district attorneys before
the filing of an accusatory instrument, in relation to the effective-
ness thereof (Part C); to amend the tax law, in relation to suspending
the transfer of monies into the emergency services revolving loan fund
from the public safety communications account (Part D); to amend the
civil service law, in relation to the reimbursement of medicare premi-
um charges (Part E); to amend the civil service law, the state tech-
nology law, the general municipal law and the public officers law, in
relation to supporting the consolidation of state information technol-
ogy resources (Part F); to amend chapter 410 of the laws of 2009,
amending the state finance law relating to authorizing the aggregate
purchases of energy for state agencies, institutions, local govern-
ments, public authorities and public benefit corporations and chapter
97 of the laws of 2011, amending the state finance law and other laws
relating to providing certain centralized service to political subdi-
visions and extending the authority of the commissioner of general
services to aggregate purchases of energy for state agencies and poli-
tical subdivisions, in relation to extending the expiration dates for
the provision of certain centralized services and purchasing authori-
zations (Part G); to amend the criminal procedure law, in relation to
the prosecution of misconduct by public servants, and in relation to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12670-01-4
S. 6355 2 A. 8555
including corrupting the government within the definition of a desig-
nated offense; to amend the penal law, in relation to establishing the
crime of corrupting the government, requires the intent to influence
within the crime of bribery, and expands the crime of bribe receiving;
to amend the legislative law, in relation to lobbying; to amend the
state finance law, in relation to cancellation and disqualification of
certain contracts; to amend the civil practice law and rules, in
relation to including the crime of public corruption within the term
of preconviction forfeiture crime; to amend the public officers law,
in relation to persons deemed incapable of holding a civil office; to
amend the real property tax law, in relation to certain exemption
limitations; to amend the general municipal law, in relation to limi-
tations on empire zone designation; to amend the tax law, in relation
to certain tax credit limitations; to amend the public officers law,
in relation to financial disclosure and to repeal section 195.20 of
the penal law relating to defrauding the government (Subpart A); to
amend the election law, in relation to the state board of elections
chief enforcement counsel; and to amend the criminal procedure law, in
relation to the chief enforcement counsel of the state board of
elections (Subpart B); to amend the election law, in relation to
campaign finance reform and in relation to campaign contribution
limits and penalties for violations (Subpart C); and to amend the
election law, in relation to campaign receipts and expenditures; to
amend the election law, in relation to contribution and receipt limi-
tations; to amend the election law, in relation to public financing;
to amend the state finance law, in relation to the New York state
campaign finance fund; and to amend the tax law, in relation to the
New York state campaign finance fund check-off (Subpart D) (Part H);
and to provide for the administration of certain funds and accounts
related to the 2014-15 budget, authorizing certain payments and trans-
fers; to amend the state finance law, in relation to school tax relief
fund; to amend the state finance law, in relation to payments, trans-
fers and deposits; to amend the state finance law, in relation to the
period for which appropriations can be made; to transfer certain
employees of the division of military and naval affairs to the office
of general services; to amend the state finance law, in relation to
the issuance of bonds and notes; to amend the state finance law, in
relation to the general fund; to amend the New York state urban devel-
opment corporation act, in relation to funding project costs for
certain capital projects; to amend chapter 389 of the laws of 1997,
relating to the financing of the correctional facilities improvement
fund and the youth facility improvement fund, in relation to the issu-
ance of bonds; to amend the private housing finance law, in relation
to housing program bonds and notes; to amend chapter 329 of the laws
of 1991, amending the state finance law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, in
relation to the issuance of bonds; to amend the public authorities
law, in relation to the dormitory authority; to amend chapter 61 of
the laws of 2005, providing for the administration of certain funds
and accounts related to the 2005-2006 budget, in relation to issuance
of bonds by the urban development corporation; to amend the New York
state urban development corporation act, in relation to the Clarkson-
trudeau partnership, the New York genome center, the Cornell Universi-
ty college of veterinary medicine, the Olympic regional development
authority, a project at nano Utica, Onondaga county revitalization
projects; to amend the public authorities law, in relation to the
S. 6355 3 A. 8555
state environmental infrastructure projects; to amend the state
finance law, in relation to the New York state storm recovery capital
fund; to amend the New York state urban development corporation act,
in relation to authorizing the urban development corporation to issue
bonds to fund project costs for the implementation of a NY-CUNY chal-
lenge grant program; to amend chapter 81 of the laws of 2002, provid-
ing for the administration of certain funds and accounts related to
the 2002-2003 budget, in relation to increasing the aggregate amount
of bonds to be issued by the New York state urban development corpo-
ration; to amend the public authorities law, in relation to financing
of peace bridge and transportation capital projects; to amend the
public authorities law, in relation to dormitories at certain educa-
tional institutions other than state operated institutions and statu-
tory or contract colleges under the jurisdiction of the state univer-
sity of New York; to amend the public authorities law, in relation to
authorization for the issuance of bonds for the capital restructuring
bond finance program; to amend chapter 389 of the laws of 1997,
providing for the financing of the correctional facilities improvement
fund and the youth facility improvement fund, in relation to the issu-
ance of bonds; to amend the public authorities law, in relation to
environmental remediation; to amend the New York state medical care
facilities finance agency act, in relation to bonds and mental health
facilities improvement notes and providing for the repeal of certain
provisions upon expiration thereof (Part I)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2014-2015
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through I. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes a reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
10 Part in which it is found. Section three of this act sets forth the
11 general effective date of this act.
12 PART A
13 Section 1. Subparagraph 1-a of paragraph (b) of subdivision 2 of
14 section 1193 of the vehicle and traffic law is REPEALED.
15 S 2. Paragraph (b) of subdivision 2 of section 1193 of the vehicle and
16 traffic law is amended by adding a new subparagraph 3-a to read as
17 follows:
18 (3-A) DRIVING WHILE ABILITY IMPAIRED OR WHILE INTOXICATED OR WHILE
19 ABILITY IMPAIRED BY THE COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND
20 ANY DRUG OR DRUGS OR AGGRAVATED DRIVING WHILE INTOXICATED; PRIOR
21 OFFENSES WITHIN THREE YEARS. FIVE YEARS, WHERE THE HOLDER IS CONVICTED
22 OF A VIOLATION OF SUBDIVISION ONE, TWO, TWO-A, THREE, FOUR OR FOUR-A OF
23 SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE COMMITTED WITHIN THREE
24 YEARS OF A CONVICTION FOR A VIOLATION OF ANY SUBDIVISION OF SECTION
25 ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE.
S. 6355 4 A. 8555
1 S 3. Clause (a) of subparagraph 12 of paragraph (b) of subdivision 2
2 of section 1193 of the vehicle and traffic law, as added by chapter 732
3 of the laws of 2006, is amended to read as follows:
4 (a) Notwithstanding any other provision of this chapter to the contra-
5 ry, whenever a revocation is imposed upon a person for the refusal to
6 submit to a chemical test pursuant to the provisions of section eleven
7 hundred ninety-four of this article or conviction for any violation of
8 section eleven hundred ninety-two of this article for which a sentence
9 of imprisonment may be imposed OR AN OUT-OF-STATE CONVICTION FOR OPERAT-
10 ING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS OR A
11 CONVICTION OF A VIOLATION OF THE PENAL LAW FOR WHICH A VIOLATION OF SUCH
12 SECTION ELEVEN HUNDRED NINETY-TWO IS AN ESSENTIAL ELEMENT, and such
13 person has[: (i) within the previous four years] PREVIOUSLY been twice
14 convicted of any provisions of section eleven hundred ninety-two of this
15 article OR AN OUT-OF-STATE CONVICTION FOR OPERATING A MOTOR VEHICLE
16 WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS or a violation of the
17 penal law for which a violation of such section eleven hundred ninety-
18 two is an essential element [and at least one such conviction was for a
19 crime], or has PREVIOUSLY twice been found to have refused to submit to
20 a chemical test pursuant to section eleven hundred ninety-four of this
21 article, or has any combination of two such convictions and findings of
22 refusal not arising out of the same incident[; or (ii) within the previ-
23 ous eight years been convicted three times of any provision of section
24 eleven hundred ninety-two of this article for which a sentence of impri-
25 sonment may be imposed or a violation of the penal law for which a
26 violation of such section eleven hundred ninety-two is an essential
27 element and at least two such convictions were for crimes, or has been
28 found, on three separate occasions, to have refused to submit to a chem-
29 ical test pursuant to section eleven hundred ninety-four of this arti-
30 cle, or has any combination of such convictions and findings of refusal
31 not arising out of the same incident], such revocation shall be perma-
32 nent.
33 S 4. Subparagraph 2 of paragraph (d) of subdivision 2 of section 1194
34 of the vehicle and traffic law, as amended by chapter 732 of the laws of
35 2006, is amended to read as follows:
36 (2) Civil penalties. Except as otherwise provided, any person whose
37 license, permit to drive, or any non-resident operating privilege is
38 revoked pursuant to the provisions of this section shall also be liable
39 for a civil penalty in the amount of five hundred dollars except that if
40 such revocation is a second or subsequent revocation pursuant to this
41 section issued within a five year period, or such person has been
42 convicted of a violation of any subdivision of section eleven hundred
43 ninety-two of this article within the past five years not arising out of
44 the same incident, the civil penalty shall be in the amount of [seven
45 hundred fifty] ONE THOUSAND dollars. Any person whose license is revoked
46 pursuant to the provisions of this section based upon a finding of
47 refusal to submit to a chemical test while operating a commercial motor
48 vehicle shall also be liable for a civil penalty of five hundred fifty
49 dollars except that if such person has previously been found to have
50 refused a chemical test pursuant to this section while operating a
51 commercial motor vehicle or has a prior conviction of any of the follow-
52 ing offenses while operating a commercial motor vehicle: any violation
53 of section eleven hundred ninety-two of this article; any violation of
54 subdivision two of section six hundred of this chapter; or has a prior
55 conviction of any felony involving the use of a commercial motor vehicle
56 pursuant to paragraph (a) of subdivision one of section five hundred
S. 6355 5 A. 8555
1 ten-a of this chapter, then the civil penalty shall be [seven hundred
2 fifty] ONE THOUSAND dollars. No new driver's license or permit shall be
3 issued, or non-resident operating privilege restored to such person
4 unless such penalty has been paid. All penalties collected by the
5 department pursuant to the provisions of this section shall be the prop-
6 erty of the state and shall be paid into the general fund of the state
7 treasury.
8 S 5. Paragraph (b) of subdivision 3 of section 511 of the vehicle and
9 traffic law, as separately amended by chapters 786 and 892 of the laws
10 of 1990, is amended to read as follows:
11 (b) Aggravated unlicensed operation of a motor vehicle in the first
12 degree is a class E felony. When a person is convicted of this crime,
13 the sentence of the court must be: (i) a fine in an amount not less than
14 [five hundred] ONE THOUSAND dollars nor more than five thousand dollars;
15 and (ii) a term of imprisonment as provided in the penal law, or (iii)
16 where appropriate and a term of imprisonment is not required by the
17 penal law, a sentence of probation as provided in subdivision six of
18 this section, or (iv) a term of imprisonment as a condition of a
19 sentence of probation as provided in the penal law.
20 S 6. Clauses (b), (c), (d) and (e) of subparagraph 12 of paragraph (b)
21 of subdivision 2 of section 1193 of the vehicle and traffic law are
22 REPEALED and clause (f) is relettered clause (b).
23 S 7. This act shall take effect on the first of November next succeed-
24 ing the date on which it shall have become a law.
25 PART B
26 Section 1. Subparagraphs (x) and (xi) of paragraph a of subdivision 2
27 of section 510 of the vehicle and traffic law, as added by chapter 571
28 of the laws of 2006, are amended and a new subparagraph (xii) is added
29 to read as follows:
30 (x) of a traffic infraction for a subsequent violation of article
31 twenty-six of this chapter and the commission of such violation caused
32 serious physical injury to another person and such subsequent violation
33 occurred within eighteen months of a prior violation of any provision of
34 article twenty-six of this chapter where the commission of such prior
35 violation caused the serious physical injury or death of another person;
36 [or]
37 (xi) of a traffic infraction for a subsequent violation of article
38 twenty-six of this chapter and the commission of such violation caused
39 the death of another person and such subsequent violation occurred with-
40 in eighteen months of a prior violation of any provision of article
41 twenty-six of this chapter where the commission of such prior violation
42 caused the serious physical injury or death of another person[.]; OR
43 (XII) OF A SECOND OR SUBSEQUENT VIOLATION OF SECTION TWELVE HUNDRED
44 TWENTY-FIVE-C OR SECTION TWELVE HUNDRED TWENTY-FIVE-D OF THIS CHAPTER,
45 WHERE SUCH PERSON WAS UNDER THE AGE OF TWENTY-ONE AT THE TIME OF THE
46 COMMISSION OF SUCH VIOLATIONS.
47 S 2. Paragraph b of subdivision 2 of section 510 of the vehicle and
48 traffic law, is amended by adding a new subparagraph (xvi) to read as
49 follows:
50 (XVI) FOR A PERIOD OF ONE YEAR WHERE THE HOLDER IS CONVICTED OF A
51 VIOLATION OF SECTION TWELVE HUNDRED TWENTY-FIVE-C OR SECTION TWELVE
52 HUNDRED TWENTY-FIVE-D OF THIS CHAPTER, WHERE SUCH PERSON WAS UNDER THE
53 AGE OF TWENTY-ONE AT THE TIME OF THE COMMISSION OF SUCH VIOLATION.
S. 6355 6 A. 8555
1 S 3. Subdivision 6 of section 510 of the vehicle and traffic law is
2 amended by adding a new paragraph n to read as follows:
3 N. WHERE REVOCATION IS MANDATORY PURSUANT TO SUBPARAGRAPH (XII) OF
4 PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, NO NEW LICENSE SHALL BE
5 ISSUED FOR AT LEAST ONE YEAR, NOR THEREAFTER EXCEPT IN THE DISCRETION OF
6 THE COMMISSIONER.
7 S 4. Section 510-c of the vehicle and traffic law is amended by adding
8 a new subdivision 3 to read as follows:
9 3. ANY SUSPENSION OR REVOCATION REQUIRED UNDER THIS SECTION FOR A
10 VIOLATION OF SECTION TWELVE HUNDRED TWENTY-FIVE-C OR SECTION TWELVE
11 HUNDRED TWENTY-FIVE-D OF THIS CHAPTER SHALL BE SUBJECT TO THE PROVISIONS
12 OF SUBDIVISION TWO OF SECTION FIVE HUNDRED TEN OF THIS ARTICLE.
13 S 5. Subdivision 4 of section 1225-c of the vehicle and traffic law,
14 as amended by section 1 of part C of chapter 55 of the laws of 2013, is
15 amended to read as follows:
16 4. A violation of subdivision two of this section shall be a traffic
17 infraction and shall be punishable by a fine of not less than fifty
18 dollars nor more than [one hundred fifty] TWO HUNDRED dollars upon
19 conviction of a first violation; upon conviction of a second violation,
20 both of which were committed within a period of eighteen months, such
21 violation shall be punished by a fine of not less than fifty dollars nor
22 more than [two] THREE hundred dollars; upon conviction of a third or
23 subsequent violation, all of which were committed within a period of
24 eighteen months, such violation shall be punished by a fine of not less
25 than fifty dollars nor more than [four] FIVE hundred dollars.
26 S 6. Subdivision 6 of section 1225-d of the vehicle and traffic law,
27 as amended by section 2 of part C of chapter 55 of the laws of 2013, is
28 amended to read as follows:
29 6. A violation of this section shall be a traffic infraction and shall
30 be punishable by a fine of not less than fifty dollars nor more than
31 [one hundred fifty] TWO HUNDRED dollars upon conviction of a first
32 violation; upon conviction of a second violation, both of which were
33 committed within a period of eighteen months, such violation shall be
34 punished by a fine of not less than fifty dollars nor more than [two]
35 THREE hundred dollars; upon conviction of a third or subsequent
36 violation, all of which were committed within a period of eighteen
37 months, such violation shall be punished by a fine of not less than
38 fifty dollars nor more than [four] FIVE hundred dollars.
39 S 7. This act shall take effect on the first of November next succeed-
40 ing the date on which it shall have become a law.
41 PART C
42 Section 1. Section 2 of part H of chapter 503 of the laws of 2009
43 relating to the disposition of monies recovered by county district
44 attorneys before the filing of an accusatory instrument, as amended by
45 section 1 of part F of chapter 55 of the laws of 2013, is amended to
46 read as follows:
47 S 2. This act shall take effect immediately and shall remain in full
48 force and effect until March 31, [2014] 2015, when it shall expire and
49 be deemed repealed.
50 S 2. This act shall take effect immediately and shall be deemed to
51 have been in full force and effect on and after March 31, 2014.
52 PART D
S. 6355 7 A. 8555
1 Section 1. Paragraph (b) of subdivision 6 of section 186-f of the tax
2 law, as amended by section 1 of part D of chapter 57 of the laws of
3 2011, is amended to read as follows:
4 (b) The sum of one million five hundred thousand dollars must be
5 deposited into the New York state emergency services revolving loan fund
6 annually; provided, however, that such sums shall not be deposited for
7 state fiscal years two thousand eleven--two thousand twelve [and], two
8 thousand twelve--two thousand thirteen, TWO THOUSAND FOURTEEN--TWO THOU-
9 SAND FIFTEEN, TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN, TWO THOUSAND
10 SIXTEEN--TWO THOUSAND SEVENTEEN AND TWO THOUSAND SEVENTEEN--TWO THOUSAND
11 EIGHTEEN;
12 S 2. This act shall take effect immediately.
13 PART E
14 Section 1. Section 167-a of the civil service law, as amended by
15 section 1 of part I of chapter 55 of the laws of 2012, is amended to
16 read as follows:
17 S 167-a. Reimbursement for medicare premium charges. Upon exclusion
18 from the coverage of the health benefit plan of supplementary medical
19 insurance benefits for which an active or retired employee or a depend-
20 ent covered by the health benefit plan is or would be eligible under the
21 federal old-age, survivors and disability insurance program, an amount
22 equal to the STANDARD MEDICARE premium charge WITHOUT ANY INCOME-RELATED
23 ADJUSTMENT for such supplementary medical insurance benefits for such
24 active or retired employee and his or her dependents, if any, shall be
25 paid monthly or at other intervals to such active or retired employee
26 from the health insurance fund. Where appropriate, such amount may be
27 deducted from contributions payable by the employee or retired employee;
28 or where appropriate in the case of a retired employee receiving a
29 retirement allowance, such amount may be included with payments of his
30 or her retirement allowance. All state employer, employee, retired
31 employee and dependent contributions to the health insurance fund,
32 including contributions from public authorities, public benefit corpo-
33 rations or other quasi-public organizations of the state eligible for
34 participation in the health benefit plan as authorized by subdivision
35 two of section one hundred sixty-three of this article, shall be
36 adjusted as necessary to cover the cost of reimbursing federal old-age,
37 survivors and disability insurance program premium charges under this
38 section. This cost shall be included in the calculation of premium or
39 subscription charges for health coverage provided to employees and
40 retired employees of the state, public authorities, public benefit
41 corporations or other quasi-public organizations of the state; provided,
42 however, the state, public authorities, public benefit corporations or
43 other quasi-public organizations of the state shall remain obligated to
44 pay no less than its share of such increased cost consistent with its
45 share of premium or subscription charges provided for by this article.
46 All other employer contributions to the health insurance fund shall be
47 adjusted as necessary to provide for such payments.
48 S 2. This act shall take effect immediately and shall be deemed to
49 have been in full force and effect on and after January 1, 2014.
50 PART F
51 Section 1. The civil service law is amended by adding a new section
52 66-a to read as follows:
S. 6355 8 A. 8555
1 S 66-A. TERM APPOINTMENTS IN INFORMATION TECHNOLOGY POSITIONS. 1.
2 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE DEPARTMENT MAY AUTHORIZE
3 TERM APPOINTMENTS WITHOUT EXAMINATION TO TEMPORARY POSITIONS REQUIRING
4 SPECIAL EXPERTISE OR QUALIFICATIONS IN INFORMATION TECHNOLOGY. SUCH
5 APPOINTMENTS MAY BE AUTHORIZED ONLY IN SUCH CASES WHERE THE OFFICE OF
6 INFORMATION TECHNOLOGY SERVICES CERTIFIES TO THE DEPARTMENT THAT BECAUSE
7 OF THE TYPE OF SERVICES TO BE RENDERED OR THE TEMPORARY OR OCCASIONAL
8 CHARACTER OF SUCH SERVICES, IT WOULD NOT BE PRACTICABLE TO HOLD AN EXAM-
9 INATION OF ANY KIND. SUCH CERTIFICATION SHALL BE A PUBLIC DOCUMENT
10 PURSUANT TO THE PUBLIC OFFICERS LAW AND SHALL IDENTIFY THE SPECIAL
11 EXPERTISE OR QUALIFICATIONS THAT ARE REQUIRED AND WHY THEY CANNOT BE
12 OBTAINED THROUGH AN APPOINTMENT FROM AN ELIGIBLE LIST. THE MAXIMUM PERI-
13 OD FOR A TERM APPOINTMENT ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL
14 NOT EXCEED SIXTY MONTHS AND SHALL NOT BE EXTENDED, AND THE MAXIMUM
15 NUMBER OF SUCH APPOINTMENTS SHALL NOT EXCEED THREE HUNDRED. AT LEAST
16 FIFTEEN DAYS PRIOR TO MAKING A TERM APPOINTMENT PURSUANT TO THIS SECTION
17 THE APPOINTING AUTHORITY SHALL PUBLICLY AND CONSPICUOUSLY POST IN ITS
18 OFFICES INFORMATION ABOUT THE TEMPORARY POSITION AND THE REQUIRED QUALI-
19 FICATIONS AND SHALL ALLOW ANY QUALIFIED EMPLOYEE TO APPLY FOR SAID POSI-
20 TION. AN EMPLOYEE APPOINTED PURSUANT TO THIS PROVISION WHO HAS COMPLETED
21 TWO YEARS OF CONTINUOUS SERVICE UNDER THIS PROVISION SHALL BE ABLE TO
22 COMPETE IN ONE PROMOTIONAL EXAMINATION THAT IS ALSO OPEN TO EMPLOYEES
23 WHO HAVE PERMANENT CIVIL SERVICE APPOINTMENTS AND APPROPRIATE QUALIFICA-
24 TIONS.
25 2. A TEMPORARY POSITION ESTABLISHED PURSUANT TO SUBDIVISION ONE OF
26 THIS SECTION MAY BE ABOLISHED FOR REASONS OF ECONOMY, CONSOLIDATION OR
27 ABOLITION OF FUNCTIONS, CURTAILMENT OF ACTIVITIES OR OTHERWISE. UPON
28 SUCH ABOLITION OR AT THE END OF THE TERM OF THE APPOINTMENT, THE
29 PROVISIONS OF SECTIONS SEVENTY-EIGHT, SEVENTY-NINE, EIGHTY AND
30 EIGHTY-ONE OF THIS CHAPTER SHALL NOT APPLY. IN THE EVENT OF A REDUCTION
31 OF WORKFORCE PURSUANT TO SECTION EIGHTY OF THIS CHAPTER AFFECTING INFOR-
32 MATION TECHNOLOGY POSITIONS, THE TERM APPOINTMENTS PURSUANT TO THIS
33 SECTION AT THE OFFICE OF INFORMATION TECHNOLOGY SERVICES SHALL BE ABOL-
34 ISHED PRIOR TO THE ABOLITION OF PERMANENT COMPETITIVE CLASS INFORMATION
35 TECHNOLOGY POSITIONS AT THE OFFICE OF INFORMATION TECHNOLOGY SERVICES
36 INVOLVING COMPARABLE SKILLS AND RESPONSIBILITIES.
37 3. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE
38 DEPARTMENT MAY LIMIT CERTIFICATION FROM THE FOLLOWING ELIGIBLE LISTS TO
39 THOSE ELIGIBLES IDENTIFIED AS HAVING KNOWLEDGE, SKILLS OR CERTIF-
40 ICATIONS, OR ANY COMBINATION THEREOF, IDENTIFIED BY THE APPOINTING
41 AUTHORITY AS NECESSARY TO PERFORM THE DUTIES OF CERTAIN POSITIONS:
42 35-382 INFORMATION TECHNOLOGY SPECIALIST 4 G-25
43 35-383 INFORMATION TECHNOLOGY SPECIALIST 4 (DATA COMMUNICATIONS) G-25
44 35-384 INFORMATION TECHNOLOGY SPECIALIST 4 (DATABASE) G-25
45 35-386 INFORMATION TECHNOLOGY SPECIALIST 4 (SYSTEMS PROGRAMMING) G-25
46 35-387 MANAGER INFORMATION TECHNOLOGY SERVICES 1 G-27
47 35-388 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATA COMMUNICATIONS)
48 G-27
49 35-389 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATABASE) G-27
50 35-391 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (SYSTEMS PROGRAMMING)
51 G-27
52 35-392 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (TECHNICAL) G-27.
53 (B) NO SUCH LIMITATION ON CERTIFICATION SHALL OCCUR UNTIL A SKILL-SET
54 INVENTORY IS CONDUCTED FOR ALL PERSONS ON ANY LIST SO LIMITED.
S. 6355 9 A. 8555
1 S 2. Subdivision 21 of section 103 of the state technology law, as
2 added by section 4 of part N of chapter 55 of the laws of 2013, is
3 amended and a new subdivision 7-a is added to read as follows:
4 7-A. TO PROVIDE TECHNOLOGY SERVICES VIA AGREEMENTS WITH:
5 (A) MUNICIPAL CORPORATIONS, PUBLIC BENEFIT CORPORATIONS AND DISTRICT
6 CORPORATIONS AS DEFINED IN SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION
7 LAW;
8 (B) POLITICAL SUBDIVISIONS AS DEFINED IN SECTION ONE HUNDRED OF THE
9 GENERAL MUNICIPAL LAW;
10 (C) PUBLIC AUTHORITIES;
11 (D) SOIL AND WATER CONSERVATION DISTRICTS;
12 (E) ANY UNIT OF THE STATE UNIVERSITY AND CITY UNIVERSITY OF NEW YORK
13 PURSUANT TO AND CONSISTENT WITH SECTIONS THREE HUNDRED FIFTY-FIVE AND
14 SIXTY-TWO HUNDRED EIGHTEEN OF THE EDUCATION LAW;
15 21. Notwithstanding the provisions of section one hundred sixty-three
16 of the state finance law, section one hundred three of the general
17 municipal law, article four-C of the economic development law, or any
18 other provision of law relating to the award of public contracts, any
19 officer, body, or agency of New York state, public corporation, or other
20 public entity subject to such provisions of law shall be authorized to
21 enter individually or collectively into contracts with the not-for-pro-
22 fit corporation that operates the multi-state information sharing and
23 analysis center for the provision of services through September thirti-
24 eth, two thousand [fourteen] FIFTEEN related to cyber security includ-
25 ing, but not limited to, monitoring, detecting, and responding to cyber
26 incidents, and such contracts may be awarded without compliance with the
27 procedures relating to the procurement of services set forth in such
28 provisions of law. Such contracts shall, however, be subject to the
29 comptroller's existing authority to approve contracts where such
30 approval is required by section one hundred twelve of the state finance
31 law or otherwise. Such officers, bodies, or agencies may pay the fees or
32 other amounts specified in such contracts in consideration of the cyber
33 security services to be rendered pursuant to such contracts.
34 S 3. Section 99-r of the general municipal law, as amended by section
35 1 of subpart B of part C of chapter 97 of the laws of 2011, is amended
36 to read as follows:
37 S 99-r. Contracts for services. Notwithstanding any other provisions
38 of law to the contrary, the governing board of any municipal corporation
39 may enter into agreements and/or contracts with any state agency includ-
40 ing any department, board, bureau, commission, division, office, coun-
41 cil, committee, or officer of the state, whether permanent or temporary,
42 or a public benefit corporation or public authority, or a soil and water
43 conservation district, and any unit of the state university of New York,
44 pursuant to and consistent with sections three hundred fifty-five and
45 sixty-three hundred one of the education law within or without such
46 municipal corporation to provide or receive fuel, equipment, maintenance
47 and repair, supplies, water supply, street sweeping or maintenance,
48 sidewalk maintenance, right-of-way maintenance, storm water and other
49 drainage, sewage disposal, landscaping, mowing, TECHNOLOGY SERVICES, or
50 any other services of government. Such state agency, soil and water
51 conservation district, or unit of the state university of New York,
52 within the limits of any specific statutory appropriation authorized and
53 made available therefor by the legislature or by the governing body
54 responsible for the operation of such state agency, soil and water
55 conservation district, or unit of the state university of New York may
56 contract with any municipal corporation for such services as herein
S. 6355 10 A. 8555
1 provided and may provide, in agreements and/or contracts entered into
2 pursuant to this section, for the reciprocal provision of services or
3 other consideration of approximately equivalent value, including, but
4 not limited to, routine and/or emergency services, monies, equipment,
5 buildings and facilities, materials or a commitment to provide future
6 routine and/or emergency services, monies, equipment, buildings and
7 facilities or materials. Any such contract may be entered into by direct
8 negotiations and shall not be subject to the provisions of section one
9 hundred three of this chapter.
10 S 4. (a) Notwithstanding any provision of law to the contrary, any
11 person employed in the exempt class positions of employee program asso-
12 ciate, employee program assistant, confidential stenographer, or confi-
13 dential assistant by the governor's office of employee relations, and
14 any person employed in the exempt class positions of employee program
15 associate or employee program assistant by the labor management commit-
16 tee, and any person employed in the exempt class positions of manager of
17 information services or information technology specialist by the joint
18 commission on public ethics immediately prior to being transferred to
19 the office of information technology services pursuant to subdivision 2
20 of section 70 of the civil service law, and who, immediately prior ther-
21 eto was performing information technology functions, shall be entitled
22 to permanent appointment in similar or corresponding titles in the
23 competitive class as determined by the department of civil service and
24 shall continue to hold such position in the office of information tech-
25 nology services without further examination. No such employee trans-
26 ferred to the office of information technology services shall be subject
27 to a new probationary term, provided, however, that any employee in
28 probationary status at the time of the transfer shall be required to
29 complete that probationary term at the office of information technology
30 services under the same terms and conditions as were applicable to him
31 or her while employed at the governor's office of employee relations,
32 the labor management committee or the joint commission on public ethics.
33 (b) No employee whose position is re-classified pursuant to this
34 section or section five or six of this act shall suffer a reduction in
35 basic salary as a result of such re-classification and shall continue to
36 receive, at a minimum, the salary that such employee received while
37 employed by the governor's office of employee relations, the labor
38 management committee or the joint commission on public ethics.
39 S 5. Notwithstanding any provision of law to the contrary, the civil
40 service department may re-classify any person employed in a permanent,
41 classified, competitive position immediately prior to being transferred
42 to the office of information technology services pursuant to subdivision
43 2 of section 70 of the civil service law to align with the duties and
44 responsibilities of their positions upon transfer. Permanent employees
45 whose positions are subsequently reclassified to align with the duties
46 and responsibilities of their positions upon being transferred to the
47 office of information technology services pursuant to subdivision 2 of
48 section 70 of the civil service law shall hold such positions without
49 further examination or qualification. Notwithstanding any other
50 provision of this act, the names of those competitive permanent employ-
51 ees on promotion eligible lists in their former agency or department
52 shall be added and interfiled on a promotion eligible list in the new
53 department, as the state civil service department deems appropriate.
54 S 6. Notwithstanding any provision of law to the contrary, the civil
55 service department may re-classify any person employed in the exempt
56 class positions of employee program associate, employee program assist-
S. 6355 11 A. 8555
1 ant, confidential stenographer, or confidential assistant by the gover-
2 nor's office of employee relations, and any person employed in the
3 exempt class positions of employee program associate or employee program
4 assistant by the labor management committee, and any person employed in
5 the exempt class positions of manager of information services or infor-
6 mation technology specialist by the joint commission on public ethics,
7 immediately prior to being transferred to the office of information
8 technology services pursuant to subdivision 2 of section 70 of the civil
9 service law to align with the duties and responsibilities of their posi-
10 tions upon transfer. Permanent employees whose positions are subse-
11 quently re-classified to align with the duties and responsibilities of
12 their positions upon being transferred to the office of information
13 technology services pursuant to subdivision 2 of section 70 of the civil
14 service law shall hold such positions without further examination or
15 qualification.
16 S 7. Subdivision 8 of section 73 of the public officers law is amended
17 by adding a new paragraph (j) to read as follows:
18 (J) THE PROVISIONS OF SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDI-
19 VISION SHALL NOT APPLY TO ANY FORMER TEMPORARY STATE OFFICER OR EMPLOYEE
20 WHO WAS HIRED SUBJECT TO CHAPTER FIVE HUNDRED OF THE LAWS OF TWO THOU-
21 SAND NINE AND WHO EITHER DID NOT RECEIVE A HIGH ENOUGH SCORE ON A CIVIL
22 SERVICE EXAMINATION OR DID NOT TAKE A CIVIL SERVICE EXAMINATION BECAUSE
23 NO PROMOTIONAL EXAMINATION WAS OFFERED PRIOR TO HIS OR HER TERMINATION.
24 ON OR BEFORE THE DATE OF SUCH TERMINATION OF EMPLOYMENT, THE STATE AGEN-
25 CY SHALL PROVIDE TO THE TERMINATED EMPLOYEE A WRITTEN CERTIFICATION THAT
26 THE EMPLOYEE HAS BEEN TERMINATED BECAUSE THE EMPLOYEE EITHER DID NOT
27 RECEIVE A HIGH ENOUGH SCORE ON A CIVIL SERVICE EXAMINATION OR DID NOT
28 TAKE A CIVIL SERVICE EXAMINATION BECAUSE NO PROMOTIONAL EXAMINATION WAS
29 OFFERED PRIOR TO HIS OR HER TERMINATION. THE WRITTEN CERTIFICATION
30 SHALL ALSO CONTAIN A NOTICE DESCRIBING THE RIGHTS AND RESPONSIBILITIES
31 OF THE EMPLOYEE PURSUANT TO THE PROVISIONS OF THIS SECTION. THE CERTIF-
32 ICATION AND NOTICE SHALL CONTAIN THE INFORMATION AND SHALL BE IN THE
33 FORM SET FORTH BELOW:
34 CERTIFICATION AND NOTICE
35 TO: EMPLOYEE'S NAME: ____________________________
36 STATE AGENCY: ____________________________
37 DATE OF TERMINATION: ____________________________
38 I, (NAME AND TITLE) OF (STATE AGENCY), HEREBY CERTIFY THAT YOU HAVE BEEN
39 TERMINATED FROM STATE SERVICE BECAUSE YOU EITHER DID NOT RECEIVE A HIGH
40 ENOUGH SCORE ON A CIVIL SERVICE EXAMINATION OR DID NOT TAKE A CIVIL
41 SERVICE EXAMINATION BECAUSE NO PROMOTIONAL EXAMINATION WAS OFFERED PRIOR
42 TO YOUR TERMINATION. THEREFORE, YOU ARE COVERED BY THE PROVISIONS OF
43 PARAGRAPH (J) OF SUBDIVISION EIGHT OF SECTION SEVENTY-THREE OF THE
44 PUBLIC OFFICERS LAW.
45 YOU WERE DESIGNATED AS A POLICYMAKER: YES ____ NO ____
46 ____________________________________
47 _________________(TITLE)
48 TO THE EMPLOYEE:
49 THIS CERTIFICATION AFFECTS YOUR RIGHT TO ENGAGE IN CERTAIN ACTIVITIES
50 AFTER YOU LEAVE STATE SERVICE.
51 ORDINARILY, EMPLOYEES WHO LEAVE STATE SERVICE MAY NOT FOR TWO YEARS
52 APPEAR OR PRACTICE BEFORE THEIR FORMER AGENCY OR RECEIVE COMPENSATION
53 FOR RENDERING SERVICES ON A MATTER BEFORE THEIR FORMER AGENCY. HOWEVER,
54 BECAUSE OF THIS CERTIFICATION, YOU MAY BE EXEMPT FROM THIS RESTRICTION.
55 IF YOU WERE NOT DESIGNATED AS A POLICYMAKER BY YOUR AGENCY, YOU ARE
56 AUTOMATICALLY EXEMPT. YOU MAY, UPON LEAVING STATE SERVICE, IMMEDIATELY
S. 6355 12 A. 8555
1 APPEAR, PRACTICE OR RECEIVE COMPENSATION FOR SERVICES RENDERED BEFORE
2 YOUR FORMER AGENCY.
3 IF YOU WERE DESIGNATED AS A POLICYMAKER BY YOUR AGENCY, YOU ARE ELIGIBLE
4 TO APPLY FOR AN EXEMPTION TO THE JOINT COMMISSION ON PUBLIC ETHICS AT
5 540 BROADWAY, ALBANY, NEW YORK 12207. EVEN IF YOU ARE OR BECOME EXEMPT
6 FROM THE TWO YEAR BAR, THE LIFETIME BAR OF THE REVOLVING DOOR STATUTE
7 WILL CONTINUE TO APPLY TO YOU. YOU MAY NOT APPEAR, PRACTICE, COMMUNICATE
8 OR OTHERWISE RENDER SERVICES BEFORE ANY STATE AGENCY IN RELATION TO ANY
9 CASE, PROCEEDING, APPLICATION OR TRANSACTION WITH RESPECT TO WHICH YOU
10 WERE DIRECTLY CONCERNED AND IN WHICH YOU PERSONALLY PARTICIPATED DURING
11 YOUR STATE SERVICE, OR WHICH WAS UNDER YOUR ACTIVE CONSIDERATION. IF YOU
12 HAVE ANY QUESTIONS ABOUT THE APPLICATION OF THE POST-EMPLOYMENT
13 RESTRICTIONS TO YOUR CIRCUMSTANCES, YOU MAY CONTACT THE JOINT COMMISSION
14 ON PUBLIC ETHICS.
15 S 8. This act shall take effect immediately.
16 PART G
17 Section 1. Section 3 of chapter 410 of the laws of 2009, amending the
18 state finance law relating to authorizing the aggregate purchases of
19 energy for state agencies, institutions, local governments, public
20 authorities and public benefit corporations, as amended by chapter 68 of
21 the laws of 2011, is amended to read as follows:
22 S 3. This act shall take effect immediately and shall expire and be
23 deemed repealed July 31, [2015] 2020.
24 S 2. Section 9 of subpart A of part C of chapter 97 of the laws of
25 2011, amending the state finance law and other laws relating to provid-
26 ing certain centralized service to political subdivisions and extending
27 the authority of the commissioner of general services to aggregate
28 purchases of energy for state agencies and political subdivisions, is
29 amended to read as follows:
30 S 9. This act shall take effect immediately, provided, however that:
31 1. sections one, four, five, six and seven of this act shall expire
32 and be deemed repealed [3 years after they shall have become a law] JULY
33 31, 2020;
34 2. the amendments to subdivision 4 of section 97-g of the state
35 finance law made by section two of this act shall [not affect] SURVIVE
36 the expiration and reversion of such subdivision as provided in section
37 3 of chapter 410 of the laws of 2009[, and shall expire and be deemed
38 repealed therewith], AS AMENDED;
39 3. sections four, five, six and seven of this act shall apply to any
40 contract let or awarded on or after such effective date.
41 S 3. This act shall take effect immediately and shall be deemed to
42 have been in full force and effect on and after April 1, 2014.
43 PART H
44 Section 1. This act enacts into law major components of legislation
45 which are necessary to implement the state fiscal plan for the 2014-15
46 state fiscal year and to strengthen enforcement of the election law,
47 reform campaign financing and enhance the public's trust in state
48 government. Each component is wholly contained within a Subpart identi-
49 fied as Subparts A through D. The effective date for each particular
50 provision contained within such Subpart is set forth in the last section
51 of such Subpart. Any provision in any section contained within a
52 Subpart, including the effective date of the Subpart, which makes a
S. 6355 13 A. 8555
1 reference to a section "of this act", when used in connection with that
2 particular component, shall be deemed to mean and refer to the corre-
3 sponding section of the Subpart in which it is found. Section three of
4 this act sets forth the general effective date of this act.
5 SUBPART A
6 Section 1. This act shall be known as the "Public Trust Act".
7 S 2. Paragraph (b) of subdivision 3 of section 30.10 of the criminal
8 procedure law is amended to read as follows:
9 (b) A prosecution for any offense involving misconduct in public
10 office by a public servant INCLUDING, WITHOUT LIMITATION, AN OFFENSE
11 DEFINED IN ARTICLE FOUR HUNDRED NINETY-SIX OF THE PENAL LAW, may be
12 commenced AGAINST A PUBLIC SERVANT, OR ANY OTHER PERSON ACTING IN
13 CONCERT WITH SUCH PUBLIC SERVANT at any time during [the defendant's]
14 SUCH PUBLIC SERVANT'S service in such office or within five years after
15 the termination of such service; provided however, that in no event
16 shall the period of limitation be extended by more than five years
17 beyond the period otherwise applicable under subdivision two OF THIS
18 SECTION.
19 S 3. Section 50.10 of the criminal procedure law is amended to read as
20 follows:
21 S 50.10 Compulsion of evidence by offer of immunity; definitions of
22 terms.
23 The following definitions are applicable to this article:
24 1. "Immunity." BASED UPON THE SUBJECT MATTER OF THE LEGAL PROCEEDING
25 IN WHICH A PERSON GIVES EVIDENCE, SUCH PERSON MAY RECEIVE EITHER "TRAN-
26 SACTIONAL" OR "USE" IMMUNITY.
27 (A) "TRANSACTIONAL IMMUNITY." A person who has been a witness in a
28 legal proceeding, and who cannot, except as otherwise provided in this
29 subdivision, be convicted of any offense or subjected to any penalty or
30 forfeiture for or on account of any transaction, matter or thing
31 concerning which he gave evidence therein, possesses ["immunity"] "TRAN-
32 SACTIONAL IMMUNITY" from any such conviction, penalty or forfeiture.
33 (B) "USE IMMUNITY." A PERSON WHO HAS BEEN A WITNESS IN A LEGAL
34 PROCEEDING, AND NEITHER THE EVIDENCE GIVEN BY THAT WITNESS NOR ANY
35 EVIDENCE DERIVED DIRECTLY OR INDIRECTLY THEREFROM MAY BE USED AGAINST
36 THE WITNESS IN THE SAME OR ANY OTHER CRIMINAL PROCEEDING OR IN THE IMPO-
37 SITION OF ANY PENALTY OR FORFEITURE POSSESSES "USE IMMUNITY".
38 (C) A person who possesses [such] TRANSACTIONAL IMMUNITY OR USE immu-
39 nity may nevertheless be convicted of perjury as a result of having
40 given false testimony in such legal proceeding, and may be convicted of
41 or adjudged in contempt as a result of having contumaciously refused to
42 give evidence therein, AND THE EVIDENCE GIVEN BY THE PERSON AT THE
43 PROCEEDING AT WHICH THE PERSON POSSESSED EITHER TRANSACTIONAL IMMUNITY
44 OR USE IMMUNITY MAY BE USED AGAINST SUCH PERSON IN ANY SUCH PROSECUTION
45 FOR PERJURY OR PROSECUTION OR JUDGMENT FOR CONTEMPT.
46 2. "Legal proceeding" means a proceeding in or before any court or
47 grand jury, or before any body, agency or person authorized by law to
48 conduct the same and to administer the oath or to cause it to be admin-
49 istered.
50 3. "Give evidence" means to testify or produce physical evidence.
51 S 4. Subdivision 3 of section 50.20 of the criminal procedure law is
52 amended to read as follows:
53 3. A witness who is ordered to give evidence pursuant to subdivision
54 two OF THIS SECTION and who complies with such order receives EITHER
S. 6355 14 A. 8555
1 TRANSACTIONAL IMMUNITY OR USE immunity. [Such] IN A LEGAL PROCEEDING
2 INVOLVING, IN WHOLE OR IN PART, ANY MISCONDUCT, NONFEASANCE OR NEGLECT
3 IN PUBLIC OFFICE BY A PUBLIC SERVANT, WHETHER CRIMINAL OR OTHERWISE, OR
4 ANY FRAUD UPON THE STATE, A POLITICAL SUBDIVISION OF THE STATE OR A
5 GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE SUCH WITNESS RECEIVES USE
6 IMMUNITY. A WITNESS IN A LEGAL PROCEEDING INVOLVING ANY OTHER SUBJECT
7 MATTER RECEIVES TRANSACTIONAL IMMUNITY. IN EITHER CASE, SUCH witness is
8 not deprived of such immunity because such competent authority did not
9 comply with statutory provisions requiring notice to a specified public
10 servant of intention to confer immunity.
11 S 5. Paragraph (b) of subdivision 1 of section 170.30 of the criminal
12 procedure law is amended, and a new subdivision 4 is added to read as
13 follows:
14 (b) The defendant has received immunity from prosecution AS DEFINED
15 IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 50.10 OF THIS CHAPTER for
16 the offense charged, pursuant to sections 50.20 or 190.40, OR ALLEGA-
17 TIONS IN THE INFORMATION, SIMPLIFIED INFORMATION, PROSECUTOR'S INFORMA-
18 TION OR MISDEMEANOR COMPLAINT ARE BASED ON EVIDENCE PROTECTED BY USE
19 IMMUNITY AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 50.10
20 OF THIS CHAPTER; or
21 4. WHERE THE DEFENDANT ESTABLISHES IN HIS OR HER MOTION THAT USE IMMU-
22 NITY HAS BEEN CONFERRED UPON HIM OR HER, THE PEOPLE MUST THEN ESTABLISH,
23 BY A PREPONDERANCE OF THE EVIDENCE, THAT SUCH EVIDENCE WAS NOT DERIVED,
24 DIRECTLY OR INDIRECTLY, FROM THE EVIDENCE AS TO WHICH SUCH IMMUNITY WAS
25 CONFERRED.
26 S 6. Subdivision 2 of section 190.40 of the criminal procedure law,
27 paragraph (c) as added by chapter 454 of the laws of 1975, is amended to
28 read as follows:
29 2. A witness who gives evidence in a grand jury proceeding INVOLVING,
30 IN WHOLE OR IN PART, ANY MISCONDUCT, NONFEASANCE OR NEGLECT IN PUBLIC
31 OFFICE BY A PUBLIC SERVANT, WHETHER CRIMINAL OR OTHERWISE, OR ANY FRAUD
32 UPON THE STATE, A POLITICAL SUBDIVISION OF THE STATE OR A GOVERNMENTAL
33 INSTRUMENTALITY WITHIN THE STATE receives USE immunity. A WITNESS IN A
34 GRAND JURY PROCEEDING INVOLVING ANY OTHER SUBJECT MATTER RECEIVES TRAN-
35 SACTIONAL IMMUNITY. IN EITHER CASE, SUCH WITNESS RECEIVES SUCH IMMUNITY
36 unless:
37 (a) He OR SHE has effectively waived such immunity pursuant to
38 section 190.45; or
39 (b) Such evidence is not responsive to any inquiry and is gratuitous-
40 ly given or volunteered by the witness with knowledge that it is not
41 responsive[.] ; OR
42 (c) The evidence given by the witness consists only of books, papers,
43 records or other physical evidence of an enterprise, as defined in
44 subdivision one of section 175.00 of the penal law, the production of
45 which is required by a subpoena duces tecum, and the witness does not
46 possess a privilege against self-incrimination with respect to the
47 production of such evidence. Any further evidence given by the witness
48 entitles the witness to immunity except as provided in [subparagraph]
49 PARAGRAPHS (a) and (b) of this subdivision.
50 S 7. Paragraph (d) of subdivision 1 of section 210.20 of the criminal
51 procedure law is amended to read as follows:
52 (d) The defendant has TRANSACTIONAL immunity, AS DEFINED IN PARAGRAPH
53 (A) OF SUBDIVISION ONE OF SECTION 50.10 OF THIS CHAPTER, with respect to
54 the offense charged, pursuant to section 50.20 or 190.40; or
55 S 7-a. Section 210.35 of the criminal procedure law is amended by
56 adding a new subdivision 4-a to read as follows:
S. 6355 15 A. 8555
1 4-A. EVIDENCE PROTECTED BY USE IMMUNITY WAS USED TO OBTAIN THE INDICT-
2 MENT; OR
3 S 8. The opening paragraph and subdivisions 6 and 7 of section 710.20
4 of the criminal procedure law, the opening paragraph and subdivision 6
5 as amended by chapter 8 of the laws of 1976, subdivision 7 as added by
6 chapter 744 of the laws of 1988, and subdivision 6 as renumbered by
7 chapter 481 of the laws of 1983, are amended and a new subdivision 8 is
8 added to read as follows:
9 Upon motion of a defendant who (a) is aggrieved by unlawful or improp-
10 er acquisition of evidence and has reasonable cause to believe that such
11 may be offered against him in a criminal action, or (b) claims that
12 improper identification testimony may be offered against him in a crimi-
13 nal action, OR (C) CLAIMS THAT EVIDENCE AS TO THE USE OF WHICH HE OR SHE
14 POSSESSES IMMUNITY, AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF
15 SECTION 50.10 OF THIS CHAPTER, MAY BE OFFERED AGAINST HIM IN A CRIMINAL
16 ACTION, a court may, under circumstances prescribed in this article,
17 order that such evidence be suppressed or excluded upon the ground that
18 it:
19 6. Consists of potential testimony regarding an observation of the
20 defendant either at the time or place of the commission of the offense
21 or upon some other occasion relevant to the case, which potential testi-
22 mony would not be admissible upon the prospective trial of such charge
23 owing to an improperly made previous identification of the defendant by
24 the prospective witness[.]; OR
25 7. Consists of information obtained by means of a pen register or trap
26 and trace device installed or used in violation of the provisions of
27 article seven hundred five of this chapter[.]; OR
28 8. CONSISTS OF POTENTIAL EVIDENCE AS TO THE USE OF WHICH THE DEFENDANT
29 POSSESSES IMMUNITY. WHERE THE DEFENDANT ESTABLISHES THAT USE IMMUNITY
30 HAS BEEN CONFERRED UPON HIM OR HER, THE PEOPLE MUST THEN ESTABLISH, BY A
31 PREPONDERANCE OF THE EVIDENCE, THAT SUCH EVIDENCE WAS NOT DERIVED,
32 DIRECTLY OR INDIRECTLY, FROM THE EVIDENCE AS TO WHICH SUCH IMMUNITY WAS
33 CONFERRED.
34 S 9. Subdivision 8 of section 700.05 of the criminal procedure law is
35 amended by adding a new paragraph (u) to read as follows:
36 (U) ANY OFFENSE DEFINED IN ARTICLE FOUR HUNDRED NINETY-SIX OF THE
37 PENAL LAW, OFFICIAL MISCONDUCT IN THE THIRD DEGREE AS DEFINED IN SECTION
38 195.00 OF THE PENAL LAW, OFFICIAL MISCONDUCT IN THE SECOND DEGREE AS
39 DEFINED IN SECTION 195.01 OF THE PENAL LAW, AND OFFICIAL MISCONDUCT IN
40 THE FIRST DEGREE AS DEFINED IN SECTION 195.02 OF THE PENAL LAW.
41 S 10. Paragraph (f) of subdivision 8 of section 700.05 of the criminal
42 procedure law, as amended by chapter 154 of the laws of 1990, is amended
43 to read as follows:
44 (f) Bribery in the third degree, bribery in the second degree, bribery
45 in the first degree, bribe receiving in the third degree, bribe receiv-
46 ing in the second degree, bribe receiving in the first degree, bribe
47 giving for public office, FAILURE TO REPORT BRIBERY, and bribe receiving
48 for public office, as defined in article two hundred of the penal law;
49 S 10-a. Subdivision 4 of section 710.60 of the criminal procedure law,
50 as amended by chapter 39 of the laws of 1975, is amended to read as
51 follows:
52 4. If the court does not determine the motion pursuant to [subdivi-
53 sions] SUBDIVISION two or three, it must conduct a hearing and make
54 findings of fact essential to the determination thereof. All persons
55 giving factual information at such hearing must testify under oath,
56 except that unsworn evidence pursuant to subdivision two of section
S. 6355 16 A. 8555
1 60.20 of this chapter may also be received. Upon such hearing, hearsay
2 evidence is admissible to establish any material fact. A HEARING GRANT-
3 ED UNDER THIS SUBDIVISION PURSUANT TO A MOTION TO SUPPRESS EVIDENCE
4 DESCRIBED IN SUBDIVISION EIGHT OF SECTION 710.20 OF THIS ARTICLE MAY, IN
5 THE DISCRETION OF THE COURT, BE CONDUCTED AFTER THE TRIAL OF THE MATTER.
6 S 11. Section 195.20 of the penal law is REPEALED.
7 S 12. Section 195.00 of the penal law, as amended by chapter 906 of
8 the laws of 1990, is amended to read as follows:
9 S 195.00 Official misconduct IN THE THIRD DEGREE.
10 A public servant is guilty of official misconduct IN THE THIRD DEGREE
11 when, with intent to obtain a benefit or deprive another person of a
12 benefit:
13 1. He OR SHE commits an act relating to his OR HER office but consti-
14 tuting an unauthorized exercise of his OR HER official functions, know-
15 ing that such act is unauthorized; or
16 2. He OR SHE knowingly refrains from performing a duty which is
17 imposed upon him OR HER by law or is clearly inherent in the nature of
18 his OR HER office.
19 Official misconduct IN THE THIRD DEGREE is a class [A misdemeanor] E
20 FELONY.
21 S 13. The penal law is amended by adding two new sections 195.01 and
22 195.02 to read as follows:
23 S 195.01 OFFICIAL MISCONDUCT IN THE SECOND DEGREE.
24 A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE SECOND DEGREE
25 WHEN HE OR SHE COMMITS THE CRIME OF OFFICIAL MISCONDUCT IN THE THIRD
26 DEGREE AND HE OR SHE OBTAINS ANY BENEFIT OR DEPRIVES ANOTHER PERSON OF A
27 BENEFIT VALUED IN EXCESS OF ONE THOUSAND DOLLARS.
28 OFFICIAL MISCONDUCT IN THE SECOND DEGREE IS A CLASS D FELONY.
29 S 195.02 OFFICIAL MISCONDUCT IN THE FIRST DEGREE.
30 A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE FIRST DEGREE
31 WHEN HE OR SHE COMMITS THE CRIME OF OFFICIAL MISCONDUCT IN THE THIRD
32 DEGREE AND HE OR SHE OBTAINS ANY BENEFIT OR DEPRIVES ANOTHER PERSON OF A
33 BENEFIT VALUED IN EXCESS OF THREE THOUSAND DOLLARS.
34 OFFICIAL MISCONDUCT IN THE FIRST DEGREE IS A CLASS C FELONY.
35 S 14. Part 4 of the penal law is amended by adding a new title Y-2 to
36 read as follows:
37 TITLE Y-2
38 CORRUPTING THE GOVERNMENT
39 ARTICLE 496
40 CORRUPTING THE GOVERNMENT
41 SECTION 496.01 DEFINITIONS.
42 496.02 CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE.
43 496.03 CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE.
44 496.04 CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE.
45 496.05 CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE.
46 496.06 PUBLIC CORRUPTION.
47 496.07 SENTENCING.
48 S 496.01 DEFINITIONS.
49 FOR THE PURPOSES OF THIS ARTICLE, "SCHEME" MEANS ANY PLAN, PATTERN,
50 DEVICE, CONTRIVANCE, OR COURSE OF ACTION.
51 S 496.02 CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE.
52 A PERSON IS GUILTY OF CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE
53 WHEN HE OR SHE ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
54 COURSE OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE POLI-
S. 6355 17 A. 8555
1 TICAL SUBDIVISIONS OF THE STATE OR ONE OR MORE GOVERNMENTAL INSTRUMEN-
2 TALITIES WITHIN THE STATE, OR TO OBTAIN PROPERTY, SERVICES OR OTHER
3 RESOURCES FROM ANY SUCH STATE, POLITICAL SUBDIVISION OR GOVERNMENTAL
4 INSTRUMENTALITY BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR
5 PROMISES.
6 CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE IS A CLASS E FELONY.
7 S 496.03 CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE.
8 A PERSON IS GUILTY OF CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE
9 WHEN HE OR SHE ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
10 COURSE OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE POLI-
11 TICAL SUBDIVISIONS OF THE STATE OR ONE OR MORE GOVERNMENTAL INSTRUMEN-
12 TALITIES WITHIN THE STATE, OR TO OBTAIN PROPERTY, SERVICES OR OTHER
13 RESOURCES FROM ANY SUCH STATE, POLITICAL SUBDIVISION OR GOVERNMENTAL
14 INSTRUMENTALITY BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR
15 PROMISES, AND SO OBTAINS PROPERTY, SERVICES OR OTHER RESOURCES WITH A
16 VALUE IN EXCESS OF ONE THOUSAND DOLLARS.
17 CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE IS A CLASS D FELONY.
18 S 496.04 CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE.
19 A PERSON IS GUILTY OF CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE
20 WHEN HE OR SHE ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
21 COURSE OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE POLI-
22 TICAL SUBDIVISIONS OF THE STATE OR ONE OR MORE GOVERNMENTAL INSTRUMEN-
23 TALITIES WITHIN THE STATE, OR TO OBTAIN PROPERTY, SERVICES OR OTHER
24 RESOURCES FROM ANY SUCH STATE, POLITICAL SUBDIVISION OR GOVERNMENTAL
25 INSTRUMENTALITY BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR
26 PROMISES, AND SO OBTAINS PROPERTY, SERVICES OR OTHER RESOURCES WITH A
27 VALUE IN EXCESS OF FIVE THOUSAND DOLLARS.
28 CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE IS A CLASS C FELONY.
29 S 496.05 CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE.
30 A PERSON IS GUILTY OF CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE
31 WHEN HE OR SHE ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
32 COURSE OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE POLI-
33 TICAL SUBDIVISIONS OF THE STATE OR ONE OR MORE GOVERNMENTAL INSTRUMEN-
34 TALITIES WITHIN THE STATE, OR TO OBTAIN PROPERTY, SERVICES OR OTHER
35 RESOURCES FROM ANY SUCH STATE, POLITICAL SUBDIVISION OR GOVERNMENTAL
36 INSTRUMENTALITY BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR
37 PROMISES, AND SO OBTAINS PROPERTY, SERVICES OR OTHER RESOURCES WITH A
38 VALUE IN EXCESS OF TEN THOUSAND DOLLARS.
39 CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE IS A CLASS B FELONY.
40 S 496.06 PUBLIC CORRUPTION.
41 1. A PERSON COMMITS THE CRIME OF PUBLIC CORRUPTION WHEN HE OR SHE
42 COMMITS A SPECIFIED OFFENSE AND THE STATE OR ANY POLITICAL SUBDIVISION
43 THEREOF OR ANY GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE IS THE
44 OWNER OF THE PROPERTY OR HAS CONTROL OVER THE SERVICES AT ISSUE OR
45 OTHERWISE HAS THE RIGHT TO POSSESSION OF THE PROPERTY OR BENEFIT TAKEN,
46 OBTAINED OR WITHHELD SUPERIOR TO THAT PERSON OR IS OTHERWISE THE VICTIM
47 OF SUCH OFFENSE.
48 2. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
49 PROVISIONS OF THIS CHAPTER: SECTION 155.25 (PETIT LARCENY); SECTION
50 155.30 (GRAND LARCENY IN THE FOURTH DEGREE); SECTION 155.35 (GRAND
51 LARCENY IN THE THIRD DEGREE); SECTION 155.40 (GRAND LARCENY IN THE
52 SECOND DEGREE); SECTION 155.42 (GRAND LARCENY IN THE FIRST DEGREE);
53 SECTION 156.05 (UNAUTHORIZED USE OF A COMPUTER); SECTION 165.05 (UNAU-
54 THORIZED USE OF A VEHICLE IN THE THIRD DEGREE); 165.06 (UNAUTHORIZED USE
55 OF A VEHICLE IN THE SECOND DEGREE); 165.08 (UNAUTHORIZED USE OF A VEHI-
56 CLE IN THE FIRST DEGREE); 470.05 (MONEY LAUNDERING IN THE FOURTH
S. 6355 18 A. 8555
1 DEGREE); 470.10 (MONEY LAUNDERING IN THE THIRD DEGREE); 470.15 (MONEY
2 LAUNDERING IN THE SECOND DEGREE); 470.20 (MONEY LAUNDERING IN THE FIRST
3 DEGREE).
4 S 496.07 SENTENCING.
5 1. WHEN A PERSON IS CONVICTED OF THE CRIME OF PUBLIC CORRUPTION PURSU-
6 ANT TO SECTION 496.06 OF THIS ARTICLE AND THE SPECIFIED OFFENSE IS A
7 MISDEMEANOR OR A CLASS C, D OR E FELONY, THE CRIME SHALL BE DEEMED TO BE
8 ONE CATEGORY HIGHER THAN THE SPECIFIED OFFENSE THE DEFENDANT COMMITTED,
9 OR ONE CATEGORY HIGHER THAN THE OFFENSE LEVEL APPLICABLE TO THE DEFEND-
10 ANT'S CONVICTION FOR AN ATTEMPT OR CONSPIRACY TO COMMIT A SPECIFIED
11 OFFENSE, WHICHEVER IS APPLICABLE.
12 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS
13 CONVICTED OF THE CRIME OF PUBLIC CORRUPTION PURSUANT TO THIS ARTICLE AND
14 THE SPECIFIED OFFENSE IS A CLASS B FELONY:
15 (A) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
16 SIX YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.00 OF
17 THIS CHAPTER; AND
18 (B) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
19 TEN YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.06 OF
20 THIS CHAPTER.
21 S 15. Subdivision 4 of section 200.50 of the criminal procedure law,
22 as amended by chapter 7 of the laws of 2007, is amended to read as
23 follows:
24 4. A statement in each count that the grand jury, or, where the accu-
25 satory instrument is a superior court information, the district attor-
26 ney, accuses the defendant or defendants of a designated offense,
27 provided that in any prosecution under article four hundred eighty-five
28 of the penal law, the designated offense shall be the specified offense,
29 as defined in subdivision three of section 485.05 of the penal law,
30 followed by the phrase "as a hate crime", and provided further that in
31 any prosecution under section 490.25 of the penal law, the designated
32 offense shall be the specified offense, as defined in subdivision three
33 of section 490.05 of the penal law, followed by the phrase "as a crime
34 of terrorism"; and provided further that in any prosecution under
35 section 130.91 of the penal law, the designated offense shall be the
36 specified offense, as defined in subdivision two of section 130.91 of
37 the penal law, followed by the phrase "as a sexually motivated felony";
38 AND PROVIDED FURTHER THAT IN ANY PROSECUTION UNDER SECTION 496.06 OF THE
39 PENAL LAW, THE DESIGNATED OFFENSE SHALL BE THE SPECIFIED OFFENSE, AS
40 DEFINED IN SUBDIVISION TWO OF SUCH SECTION, FOLLOWED BY THE PHRASE "AS A
41 PUBLIC CORRUPTION CRIME"; and
42 S 16. Paragraph (a) of subdivision 1 of section 460.10 of the penal
43 law, as amended by chapter 405 of the laws of 2010, is amended to read
44 as follows:
45 (a) Any of the felonies set forth in this chapter: sections 120.05,
46 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
47 ing to strangulation; sections 125.10 to 125.27 relating to homicide;
48 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
49 135.25 relating to kidnapping; section 135.35 relating to labor traf-
50 ficking; section 135.65 relating to coercion; sections 140.20, 140.25
51 and 140.30 relating to burglary; sections 145.05, 145.10 and 145.12
52 relating to criminal mischief; article one hundred fifty relating to
53 arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand
54 larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health
55 care fraud; article one hundred sixty relating to robbery; sections
56 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of
S. 6355 19 A. 8555
1 stolen property; sections 165.72 and 165.73 relating to trademark coun-
2 terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
3 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
4 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
5 176.30 relating to insurance fraud; sections 178.20 and 178.25 relating
6 to criminal diversion of prescription medications and prescriptions;
7 sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 195.00, 195.01,
8 195.02, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
9 200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery; sections
10 187.10, 187.15, 187.20 and 187.25 relating to residential mortgage
11 fraud, sections 190.40 and 190.42 relating to criminal usury; section
12 190.65 relating to schemes to defraud; ANY OFFENSE DEFINED IN ARTICLE
13 FOUR HUNDRED NINETY-SIX; sections 205.60 and 205.65 relating to hinder-
14 ing prosecution; sections 210.10, 210.15, and 215.51 relating to perjury
15 and contempt; section 215.40 relating to tampering with physical
16 evidence; sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31,
17 220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 220.60 and 220.77 relat-
18 ing to controlled substances; sections 225.10 and 225.20 relating to
19 gambling; sections 230.25, 230.30, and 230.32 relating to promoting
20 prostitution; section 230.34 relating to sex trafficking; sections
21 235.06, 235.07, 235.21 and 235.22 relating to obscenity; sections 263.10
22 and 263.15 relating to promoting a sexual performance by a child;
23 sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
24 provisions of section 265.10 which constitute a felony relating to
25 firearms and other dangerous weapons; [and] sections 265.14 and 265.16
26 relating to criminal sale of a firearm; [and] section 275.10, 275.20,
27 275.30, or 275.40 relating to unauthorized recordings; and sections
28 470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
29 S 17. Section 200.00 of the penal law, as amended by chapter 833 of
30 the laws of 1986, is amended to read as follows:
31 S 200.00 Bribery in the third degree.
32 A person is guilty of bribery in the third degree when he OR SHE
33 confers, or offers or agrees to confer, any benefit upon a public serv-
34 ant [upon an agreement or understanding that] WITH THE INTENT TO INFLU-
35 ENCE, IN WHOLE OR IN PART, such public servant's vote, opinion, judg-
36 ment, action, decision or exercise of discretion as a public servant
37 [will thereby be influenced].
38 Bribery in the third degree is a class D felony.
39 S 18. Section 200.03 of the penal law, as amended by chapter 833 of
40 the laws of 1986, is amended to read as follows:
41 S 200.03 Bribery in the second degree.
42 A person is guilty of bribery in the second degree when he OR SHE
43 confers, or offers or agrees to confer, any benefit valued in excess of
44 [ten] FIVE thousand dollars upon a public servant [upon an agreement or
45 understanding that] WITH THE INTENT TO INFLUENCE, IN WHOLE OR IN PART,
46 such public servant's vote, opinion, judgment, action, decision or exer-
47 cise of discretion as a public servant [will thereby be influenced].
48 Bribery in the second degree is a class C felony.
49 S 19. Section 200.04 of the penal law, as added by chapter 276 of the
50 laws of 1973, is amended to read as follows:
51 S 200.04 Bribery in the first degree.
52 A person is guilty of bribery in the first degree when he OR SHE
53 confers, or offers or agrees to confer[,]: (A) any benefit upon a public
54 servant [upon an agreement or understanding that] WITH THE INTENT TO
55 INFLUENCE such public servant's vote, opinion, judgment, action, deci-
56 sion or exercise of discretion as a public servant [will thereby be
S. 6355 20 A. 8555
1 influenced] in the investigation, arrest, detention, prosecution or
2 incarceration of any person for the commission or alleged commission of
3 a class A felony defined in article two hundred twenty of [the penal
4 law] THIS PART or an attempt to commit any such class A felony; OR (B)
5 ANY BENEFIT VALUED IN EXCESS OF TEN THOUSAND DOLLARS UPON A PUBLIC SERV-
6 ANT WITH THE INTENT TO INFLUENCE, IN WHOLE OR IN PART, SUCH PUBLIC SERV-
7 ANT'S VOTE, OPINION, JUDGMENT, ACTION, DECISION OR EXERCISE OF
8 DISCRETION AS A PUBLIC SERVANT.
9 Bribery in the first degree is a class B felony.
10 S 20. Section 200.05 of the penal law is amended to read as follows:
11 S 200.05 Bribery; defense; LIMITATIONS.
12 1. In any prosecution for bribery, it is a defense that the defendant
13 conferred or agreed to confer the benefit involved upon the public serv-
14 ant involved as a result of conduct of the latter constituting larceny
15 committed by means of extortion, or an attempt to commit the same, or
16 coercion, or an attempt to commit coercion;
17 2. IN ANY PROSECUTION PURSUANT TO SECTION 200.00, 200.03, 200.04,
18 200.10, 200.11, 200.12, 200.45 OR 200.50 OF THIS ARTICLE, NO PERSON
19 SHALL BE HELD TO HAVE VIOLATED SUCH SECTIONS WHERE THE BENEFIT IS A
20 CAMPAIGN CONTRIBUTION THAT IS PERMISSIBLE UNDER ARTICLE FOURTEEN OF THE
21 ELECTION LAW OR A COMPARABLE APPLICABLE PROVISION OF FEDERAL LAW, IS A
22 LOBBYING EXPENSE THAT IS LEGAL UNDER ARTICLE ONE-A OF THE LEGISLATIVE
23 LAW OR, PURSUANT TO SUBDIVISION (J) OF SECTION ONE-C OF THE LEGISLATIVE
24 LAW IS EXCLUDABLE FROM THE DEFINITION OF A GIFT, UNLESS SUCH PERSON
25 CONFERS, OR OFFERS OR AGREES TO CONFER, SUCH BENEFIT UPON A PUBLIC SERV-
26 ANT UPON AN AGREEMENT OR UNDERSTANDING THAT SUCH PUBLIC SERVANT'S VOTE,
27 OPINION, JUDGMENT, ACTION, DECISION OR EXERCISE OF DISCRETION AS A
28 PUBLIC SERVANT WILL THEREBY BE INFLUENCED.
29 S 21. Section 200.10 of the penal law, as amended by chapter 833 of
30 the laws of 1986, is amended to read as follows:
31 S 200.10 Bribe receiving in the third degree.
32 A public servant is guilty of bribe receiving in the third degree when
33 he OR SHE:
34 1. solicits, accepts or agrees to accept any benefit from another
35 person upon an agreement or understanding that his OR HER vote, opinion,
36 judgment, action, decision or exercise of discretion as a public servant
37 will thereby be influenced[.]; OR
38 2. SOLICITS, ACCEPTS OR AGREES TO ACCEPT A GIFT OF MORE THAN NOMINAL
39 VALUE FROM ANOTHER PERSON FOR, BECAUSE OF, OR AS CONSIDERATION FOR HIS
40 OR HER VOTE, OPINION, JUDGMENT, ACTION, DECISION OR EXERCISE OF
41 DISCRETION AS A PUBLIC SERVANT.
42 Bribe receiving in the third degree is a class D felony.
43 S 22. Section 200.11 of the penal law, as added by chapter 833 of the
44 laws of 1986, is amended to read as follows:
45 S 200.11 Bribe receiving in the second degree.
46 A public servant is guilty of bribe receiving in the second degree
47 when he OR SHE solicits, accepts or agrees to accept any benefit valued
48 in excess of [ten] FIVE thousand dollars from another person [upon an
49 agreement or understanding that], FOR, BECAUSE OF, OR AS CONSIDERATION
50 FOR his OR HER vote, opinion, judgment, action, decision or exercise of
51 discretion as a public servant [will thereby be influenced].
52 Bribe receiving in the second degree is a class C felony.
53 S 23. Section 200.12 of the penal law, as added by chapter 276 of the
54 laws of 1973, is amended to read as follows:
55 S 200.12 Bribe receiving in the first degree.
S. 6355 21 A. 8555
1 A public servant is guilty of bribe receiving in the first degree when
2 he OR SHE solicits, accepts or agrees to accept: (A) any benefit from
3 another person [upon an agreement or understanding that], FOR, BECAUSE
4 OF, OR AS CONSIDERATION FOR his OR HER vote, opinion, judgment, action,
5 decision or exercise of discretion as a public servant [will thereby be
6 influenced] in the investigation, arrest, detention, prosecution or
7 incarceration of any person for the commission or alleged commission of
8 a class A felony defined in article two hundred twenty of [the penal
9 law] THIS PART or an attempt to commit any such class A felony; OR (B)
10 ANY BENEFIT VALUED IN EXCESS OF TEN THOUSAND DOLLARS FROM ANOTHER
11 PERSON, FOR, BECAUSE OF, OR AS CONSIDERATION FOR HIS OR HER VOTE, OPIN-
12 ION, JUDGMENT, ACTION, DECISION OR EXERCISE OF DISCRETION AS A PUBLIC
13 SERVANT.
14 Bribe receiving in the first degree is a class B felony.
15 S 24. Section 200.45 of the penal law is amended to read as follows:
16 S 200.45 Bribe giving for public office.
17 A person is guilty of bribe giving for public office when he OR SHE
18 confers, or offers or agrees to confer, any money or other property upon
19 a public servant or a party officer [upon an agreement or understanding
20 that] , FOR, BECAUSE OF, OR AS CONSIDERATION THAT some person will or
21 may be appointed to a public office or designated or nominated as a
22 candidate for public office.
23 Bribe giving for public office is a class D felony.
24 S 25. Section 200.50 of the penal law is amended to read as follows:
25 S 200.50 Bribe receiving for public office.
26 A public servant or a party officer is guilty of bribe receiving for
27 public office when he OR SHE solicits, accepts or agrees to accept any
28 money or other property from another person [upon an agreement or under-
29 standing that], FOR, BECAUSE OF, OR AS CONSIDERATION THAT some person
30 will or may be appointed to a public office or designated or nominated
31 as a candidate for public office.
32 Bribe receiving for public office is a class D felony.
33 S 26. The penal law is amended by adding a new section 200.56 to read
34 as follows:
35 S 200.56 FAILURE TO REPORT BRIBERY.
36 1. A PUBLIC SERVANT IS GUILTY OF FAILURE TO REPORT BRIBERY WHEN:
37 (A) THE PUBLIC SERVANT KNOWS THAT ANOTHER PERSON HAS ATTEMPTED TO
38 BRIBE SUCH PUBLIC SERVANT, AS SUCH CONDUCT IS DEFINED IN THIS ARTICLE,
39 OR SUCH PUBLIC SERVANT HAS WITNESSED OR HAS KNOWLEDGE OF EITHER (I) A
40 PERSON COMMITTING ANY DEGREE OF THE CRIME OF BRIBERY OR ATTEMPTING TO
41 COMMIT BRIBERY OF ANOTHER PUBLIC SERVANT, AS SUCH CONDUCT IS DEFINED IN
42 THIS ARTICLE OR (II) ANOTHER PUBLIC SERVANT COMMITTING ANY DEGREE OF THE
43 CRIME OF BRIBE RECEIVING, AS DEFINED IN THIS ARTICLE; AND
44 (B) SUCH PUBLIC SERVANT DOES NOT, AS SOON AS REASONABLY PRACTICABLE,
45 REPORT SUCH CRIME TO A DISTRICT ATTORNEY.
46 2. ANY PUBLIC SERVANT WHO MAKES A REPORT AS REQUIRED BY THIS SECTION
47 SHALL NOT BE SUBJECT TO DISMISSAL, DISCIPLINE OR OTHER ADVERSE PERSONNEL
48 ACTION AS A RESULT OF MAKING SUCH REPORT.
49 FAILURE TO REPORT BRIBERY IS A CLASS A MISDEMEANOR.
50 S 27. Subdivision 1 of section 80.00 of the penal law, as amended by
51 chapter 338 of the laws of 1989, is amended to read as follows:
52 1. A sentence to pay a fine for a felony shall be a sentence to pay an
53 amount, fixed by the court, not exceeding the higher of
54 a. five thousand dollars; or
55 b. double the amount of the defendant's gain from the commission of
56 the crime OR, IF THE DEFENDANT IS CONVICTED OF A CRIME DEFINED IN ARTI-
S. 6355 22 A. 8555
1 CLE FOUR HUNDRED NINETY-SIX OF THIS CHAPTER, ANY HIGHER AMOUNT NOT
2 EXCEEDING THREE TIMES THE AMOUNT OF THE DEFENDANT'S GAIN FROM THE
3 COMMISSION OF SUCH OFFENSE; or
4 c. if the conviction is for any felony defined in article two hundred
5 twenty or two hundred twenty-one of this chapter, according to the
6 following schedule:
7 (i) for A-I felonies, one hundred thousand dollars;
8 (ii) for A-II felonies, fifty thousand dollars;
9 (iii) for B felonies, thirty thousand dollars;
10 (iv) for C felonies, fifteen thousand dollars.
11 When imposing a fine pursuant to the provisions of this paragraph, the
12 court shall consider the profit gained by defendant's conduct, whether
13 the amount of the fine is disproportionate to the conduct in which
14 defendant engaged, its impact on any victims, and defendant's economic
15 circumstances, including the defendant's ability to pay, the effect of
16 the fine upon his or her immediate family or any other persons to whom
17 the defendant owes an obligation of support.
18 S 28. Subdivision 1 of section 80.10 of the penal law is amended to
19 read as follows:
20 1. In general. A sentence to pay a fine, when imposed on a corporation
21 for an offense defined in this chapter or for an offense defined outside
22 this chapter for which no special corporate fine is specified, shall be
23 a sentence to pay an amount, fixed by the court, not exceeding:
24 (a) Ten thousand dollars, when the conviction is of a felony;
25 (b) Five thousand dollars, when the conviction is of a class A misde-
26 meanor or of an unclassified misdemeanor for which a term of imprison-
27 ment in excess of three months is authorized;
28 (c) Two thousand dollars, when the conviction is of a class B misde-
29 meanor or of an unclassified misdemeanor for which the authorized term
30 of imprisonment is not in excess of three months;
31 (d) Five hundred dollars, when the conviction is of a violation;
32 (e) Any higher amount not exceeding double the amount of the corpo-
33 ration's gain from the commission of the offense OR, IF THE CORPORATION
34 IS CONVICTED OF A CRIME DEFINED IN ARTICLE FOUR HUNDRED NINETY-SIX OF
35 THIS CHAPTER, ANY HIGHER AMOUNT NOT EXCEEDING THREE TIMES THE AMOUNT OF
36 THE CORPORATION'S GAIN FROM THE COMMISSION OF SUCH OFFENSE.
37 S 29. Subdivision (a) of section 1-c of the legislative law, as added
38 by chapter 2 of the laws of 1999, is amended to read as follows:
39 (a) The term "lobbyist" shall mean every person or organization
40 retained, employed or designated by any client to engage in lobbying.
41 The term "lobbyist" shall not include any officer, director, trustee,
42 employee, counsel or agent of the state, or any municipality or subdivi-
43 sion thereof of New York when discharging their official duties; except
44 those officers, directors, trustees, employees, counsels, or agents of
45 colleges, as defined by section two of the education law. PROVIDED THAT
46 ANY INDIVIDUAL WHO STANDS CONVICTED OF A CRIME DEFINED IN ARTICLE TWO
47 HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION 195.00, 195.01 OR 195.02
48 OF THE PENAL LAW MAY NOT BE RETAINED, EMPLOYED OR DESIGNATED BY ANY
49 CLIENT TO ENGAGE IN LOBBYING.
50 S 30. Section 139-a of the state finance law, as amended by chapter
51 268 of the laws of 1971, is amended to read as follows:
52 S 139-a. Ground for cancellation of contract by state. A clause shall
53 be inserted in all specifications or contracts hereafter made or awarded
54 by the state or any public department, agency or official thereof, for
55 work or services performed or to be performed, or goods sold or to be
56 sold, to provide that: (A) upon the refusal by a person, when called
S. 6355 23 A. 8555
1 before a grand jury, head of a state department, temporary state commis-
2 sion or other state agency, or the organized crime task force in the
3 department of law, which is empowered to compel the attendance of
4 witnesses and examine them under oath, to testify in an investigation,
5 concerning any transaction or contract had with the state, any political
6 subdivision thereof, a public authority or with any public department,
7 agency or official of the state or of any political subdivision thereof
8 or of a public authority, to sign a waiver of immunity against subse-
9 quent criminal prosecution or to answer any relevant question concerning
10 such transaction or contract; OR (B) UPON THE CONVICTION OF ANY PERSON
11 OF AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED OR FOUR HUNDRED NINETY-SIX
12 OR SECTION 195.00, 195.01 OR 195.02 OF THE PENAL LAW,
13 [(a)] (I) such person, and any firm, partnership or corporation of
14 which he is a member, partner, director or officer shall be disqualified
15 from thereafter selling to or submitting bids to or receiving awards
16 from or entering into any contracts with the state or any public depart-
17 ment, agency or official thereof, for goods, work or services, for a
18 period of five years after such refusal, OR UPON CONVICTION OF ANY
19 OFFENSE DEFINED IN ARTICLE TWO HUNDRED OR FOUR HUNDRED NINETY-SIX OR
20 SECTION 195.00, 195.01 OR 195.02 OF THE PENAL LAW, FOR LIFE, and to
21 provide also that
22 [(b)] (II) any and all contracts made with the state or any public
23 department, agency or official thereof, since the effective date of this
24 law, by such person, and by any firm, partnership or corporation of
25 which he is a member, partner, director or officer may be cancelled or
26 terminated by the state without incurring any penalty or damages on
27 account of such cancellation or termination, but any monies owing by the
28 state for goods delivered or work done prior to the cancellation or
29 termination shall be paid.
30 S 31. Section 139-b of the state finance law, as amended by chapter
31 268 of the laws of 1971, is amended to read as follows:
32 S 139-b. Disqualification to contract with state. 1. Any person who,
33 when called before a grand jury, head of a state department, temporary
34 state commission or other state agency, or the organized crime task
35 force in the department of law, which is empowered to compel the attend-
36 ance of witnesses and examine them under oath, to testify in an investi-
37 gation, concerning any transaction or contract had with the state, any
38 political subdivision thereof, a public authority or with a public
39 department, agency or official of the state or of any political subdivi-
40 sion thereof or of a public authority, refuses to sign a waiver of immu-
41 nity against subsequent criminal prosecution or to answer any relevant
42 question concerning such transaction or contract, and any firm, partner-
43 ship or corporation of which [he] ANY SUCH PERSON is a member, partner,
44 director or officer shall be disqualified from thereafter selling to or
45 submitting bids to or receiving awards from or entering into any
46 contracts with the state or any public department, agency or official
47 thereof, for goods, work or services, for a period of five years after
48 such refusal or until a disqualification shall be removed pursuant to
49 the provisions of section one hundred thirty-nine-c of this article.
50 It shall be the duty of the officer conducting the investigation
51 before the grand jury, the head of a state department, the [chairman]
52 CHAIR of the temporary state commission or other state agency, or the
53 organized crime task force in the department of law before which the
54 refusal occurs to send notice of such refusal, together with the names
55 of any firm, partnership or corporation of which the person so refusing
56 is known to be a member, partner, officer or director, to the state
S. 6355 24 A. 8555
1 commissioner of transportation, except in the event the investigation
2 concerns a public building transaction or contract said notice shall be
3 sent to the state commissioner of general services, and the appropriate
4 departments, agencies and officials of the state, political subdivisions
5 thereof or public authorities with whom the person so refusing and any
6 firm, partnership or corporation of which he is a member, partner,
7 director or officer, is known to have a contract. However, when such
8 refusal occurs before a body other than a grand jury, notice of refusal
9 shall not be sent for a period of ten days after such refusal occurs.
10 Prior to the expiration of this ten day period, any person, firm, part-
11 nership or corporation which has become liable to the cancellation or
12 termination of a contract or disqualification to contract on account of
13 such refusal may commence a special proceeding at a special term of the
14 supreme court, held within the judicial district in which the refusal
15 occurred, for an order determining whether the questions in response to
16 which the refusal occurred were relevant and material to the inquiry.
17 Upon the commencement of such proceeding, the sending of such notice of
18 refusal to answer shall be subject to order of the court in which the
19 proceeding was brought in a manner and on such terms as the court may
20 deem just. If a proceeding is not brought within ten days, notice of
21 refusal shall thereupon be sent as provided herein.
22 2. ANY PERSON WHO STANDS CONVICTED OF AN OFFENSE DEFINED IN ARTICLE
23 TWO HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION 195.00, 195.01 OR
24 195.02 OF THE PENAL LAW, AND ANY FIRM, PARTNERSHIP OR CORPORATION OF
25 WHICH ANY SUCH PERSON IS A MEMBER, PARTNER, DIRECTOR OR OFFICER SHALL BE
26 DISQUALIFIED, FOR LIFE, FROM THEREAFTER SELLING TO OR SUBMITTING BIDS TO
27 OR RECEIVING AWARDS FROM OR ENTERING INTO ANY CONTRACTS WITH THE STATE
28 OR ANY PUBLIC DEPARTMENT, AGENCY OR OFFICIAL THEREOF, FOR GOODS, WORK OR
29 SERVICES. IN THE EVENT A PERSON OR FIRM, PARTNERSHIP OR CORPORATION IS
30 SO CONVICTED, THE OFFICE RESPONSIBLE FOR PROSECUTING SUCH OFFENSE SHALL
31 SEND NOTICE OF SUCH CONVICTION TOGETHER WITH THE NAMES OF ANY FIRM,
32 PARTNERSHIP OR CORPORATION OF WHICH THE PERSON IS KNOWN TO BE A MEMBER,
33 PARTNER, OFFICER OR DIRECTOR, TO THE STATE COMMISSIONER OF GENERAL
34 SERVICES, AND SUCH APPROPRIATE DEPARTMENTS, AGENCIES AND OFFICIALS OF
35 THE STATE, POLITICAL SUBDIVISIONS THEREOF OR PUBLIC AUTHORITIES WITH
36 WHOM THE PERSON AND ANY FIRM, PARTNERSHIP OR CORPORATION OF WHICH HE IS
37 A MEMBER, PARTNER, DIRECTOR OR OFFICER, IS KNOWN TO HAVE A CONTRACT.
38 S 32. Subdivision 6 of section 1310 of the civil practice law and
39 rules, as added by chapter 669 of the laws of 1984, is amended to read
40 as follows:
41 6. "Pre-conviction forfeiture crime" means only a felony defined in
42 article two hundred twenty OR FOUR HUNDRED NINETY-SIX or section 195.00,
43 195.01, 195.02, 221.30 or 221.55 of the penal law.
44 S 33. Section 3 of the public officers law is amended by adding a new
45 subdivision 1-a to read as follows:
46 1-A. NO PERSON SHALL BE CAPABLE OF HOLDING A CIVIL OFFICE WHO SHALL
47 STAND CONVICTED OF A CRIME DEFINED IN ARTICLE TWO HUNDRED OR FOUR
48 HUNDRED NINETY-SIX OR SECTION 195.00, 195.01 OR 195.02 OF THE PENAL LAW.
49 S 34. The real property tax law is amended by adding a new section 493
50 to read as follows:
51 S 493. LIMITATIONS. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
52 CONTRARY, ANY REAL PROPERTY WHICH WOULD OTHERWISE BE ELIGIBLE FOR AN
53 EXEMPTION, CREDIT, ABATEMENT, REBATE OR OTHER REDUCTION OR OFFSET OF
54 REAL PROPERTY TAX LIABILITY AUTHORIZED BY LAW SHALL NOT BE SO ELIGIBLE
55 IF ANY PERSON WHO STANDS TO BENEFIT FROM THE EXEMPTION, CREDIT, ABATE-
56 MENT, REBATE OR OTHER REDUCTION OR OFFSET STANDS CONVICTED OF AN OFFENSE
S. 6355 25 A. 8555
1 DEFINED IN ARTICLE TWO HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION
2 195.00, 195.01 OR 195.02 OF THE PENAL LAW.
3 2. FOR PURPOSES OF THIS SECTION, A PERSON SHALL BE DEEMED TO STAND TO
4 BENEFIT FROM AN EXEMPTION, CREDIT, ABATEMENT, REBATE OR OTHER REDUCTION
5 OR OFFSET OF REAL PROPERTY TAX LIABILITY IF THE PERSON IS:
6 (A) AN OWNER OR BENEFICIAL OWNER THEREOF, OR
7 (B) IN THE CASE OF RESIDENTIAL REAL PROPERTY OWNED BY A COOPERATIVE
8 APARTMENT CORPORATION, A TENANT-STOCKHOLDER RESIDING THEREIN, OR
9 (C) IN THE CASE OF A PARTNERSHIP THAT HAS LEGAL TITLE TO PROPERTY, OR
10 IS OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES THEREON, A PARTNER THERE-
11 OF, OR
12 (D) IN THE CASE OF A LIMITED LIABILITY COMPANY THAT HAS LEGAL TITLE TO
13 PROPERTY, OR IS OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES THEREON, A
14 MANAGER OR MEMBER THEREOF, OR
15 (E) IN THE CASE OF A CORPORATION THAT HAS LEGAL TITLE TO PROPERTY OR
16 IS OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES THEREON, A DIRECTOR OR
17 OFFICER THEREOF.
18 3. IN THE EVENT A PERSON OR FIRM, PARTNERSHIP OR CORPORATION IS
19 CONVICTED OF AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED OR FOUR HUNDRED
20 NINETY-SIX OR SECTION 195.00, 195.01 OR 195.02 OF THE PENAL LAW, THE
21 OFFICE RESPONSIBLE FOR PROSECUTING SUCH OFFENSE SHALL SEND NOTICE OF
22 SUCH CONVICTION, TOGETHER WITH THE NAMES OF ANY FIRM, PARTNERSHIP OR
23 CORPORATION OF WHICH THE PERSON IS KNOWN TO BE A MEMBER, PARTNER, OFFI-
24 CER OR DIRECTOR, TO THE ASSESSOR OF ANY ASSESSING UNIT IN WHICH SUCH
25 PERSON OR SUCH FIRM, PARTNERSHIP OR CORPORATION IS KNOWN TO OWN PROPER-
26 TY.
27 S 35. Section 960 of the general municipal law is amended by adding a
28 new subdivision (f) to read as follows:
29 (F) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, A BUSINESS
30 ENTERPRISE SHALL NOT BE ELIGIBLE FOR ANY BENEFITS PURSUANT TO THIS ARTI-
31 CLE IF SUCH ENTERPRISE STANDS CONVICTED OF AN OFFENSE DEFINED IN ARTICLE
32 TWO HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION 195.00, 195.01 OR
33 195.02 OF THE PENAL LAW, OR IF ANY MEMBER, PARTNER, DIRECTOR OR OFFICER
34 OF SUCH ENTERPRISE STANDS CONVICTED OF ANY SUCH OFFENSE.
35 S 36. The tax law is amended by adding a new section 41 to read as
36 follows:
37 S 41. LIMITATIONS ON TAX CREDIT ELIGIBILITY. ANY TAXPAYER WHO STANDS
38 CONVICTED, OR WHO IS A SHAREHOLDER OF AN S CORPORATION OR PARTNER IN A
39 PARTNERSHIP WHICH IS CONVICTED, OF AN OFFENSE DEFINED IN ARTICLE TWO
40 HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION 195.00, 195.01 OR 195.02
41 OF THE PENAL LAW SHALL NOT BE ELIGIBLE FOR ANY TAX CREDIT ALLOWED UNDER
42 ARTICLE NINE, NINE-A, THIRTY-TWO OR THIRTY-THREE OF THIS CHAPTER OR ANY
43 BUSINESS TAX CREDIT ALLOWED UNDER ARTICLE TWENTY-TWO OF THIS CHAPTER.
44 FOR PURPOSES OF THIS SECTION, A BUSINESS TAX CREDIT ALLOWED UNDER ARTI-
45 CLE TWENTY-TWO OF THIS CHAPTER IS A TAX CREDIT ALLOWED TO TAXPAYERS
46 UNDER ARTICLE TWENTY-TWO WHICH IS SUBSTANTIALLY SIMILAR TO A TAX CREDIT
47 ALLOWED TO TAXPAYERS UNDER ARTICLE NINE-A OF THIS CHAPTER. IN THE EVENT
48 A PERSON OR FIRM, PARTNERSHIP OR CORPORATION IS CONVICTED OF AN OFFENSE
49 DEFINED IN ARTICLE TWO HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION
50 195.00, 195.01 OR 195.02 OF THE PENAL LAW, THE OFFICE RESPONSIBLE FOR
51 PROSECUTING SUCH OFFENSE SHALL SEND NOTICE OF SUCH CONVICTION, TOGETHER
52 WITH THE NAMES OF ANY FIRM, PARTNERSHIP OR CORPORATION OF WHICH THE
53 PERSON IS KNOWN TO BE A MEMBER, PARTNER, OFFICER OR DIRECTOR, TO THE
54 COMMISSIONER.
S. 6355 26 A. 8555
1 S 37. Paragraph 8 of subdivision 3 of section 73-a of the public offi-
2 cers law, as amended by section 5 of part A of chapter 399 of the laws
3 of 2011, is amended to read as follows:
4 8. (a) If the reporting individual practices law, is licensed by the
5 department of state as a real estate broker or agent or practices a
6 profession licensed by the department of education, or works as a
7 member or employee of a firm required to register pursuant to
8 section one-e of the legislative law as a lobbyist, [give] DESCRIBE
9 THE SERVICES RENDERED FOR WHICH COMPENSATION WAS PAID, INCLUDING a
10 general description of the principal subject areas of matters under-
11 taken by such individual OR PRINCIPAL DUTIES PERFORMED. Addi-
12 tionally, if such an individual practices with a firm or corporation
13 and is a partner or shareholder of the firm or corporation, give a
14 general description of principal subject areas of matters undertaken
15 by such firm or corporation.
16 ____________________________________________________________________
17 ____________________________________________________________________
18 ____________________________________________________________________
19 ____________________________________________________________________
20 ____________________________________________________________________
21 (b) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
22 PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE, OR FOR NEW MATTERS
23 FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT
24 ARE PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE:
25 If the reporting individual personally provides services to any person
26 or entity, or works as a member or employee of a partnership or corpo-
27 ration that provides such services (referred to hereinafter as a
28 "firm"), then identify each client or customer to whom the reporting
29 individual personally AND KNOWINGLY provided DIRECT OR INDIRECT
30 services, or who was referred to the firm by the reporting individual,
31 and from whom the reporting individual or his or her firm earned fees in
32 excess of $10,000 during the reporting period for such services rendered
33 in direct connection with:
34 (i) A proposed bill or resolution in the senate or assembly during the
35 reporting period;
36 (ii) A contract in an amount totaling $50,000 or more from the state
37 or any state agency for services, materials, or property;
38 (iii) A grant of $25,000 or more from the state or any state agency
39 during the reporting period;
40 (iv) A grant obtained through a legislative initiative during the
41 reporting period; or
42 (v) A case, proceeding, application or other matter that is not a
43 ministerial matter before a state agency during the reporting period.
44 For purposes of this question, "referred to the firm" shall mean:
45 having intentionally and knowingly taken a specific act or series of
46 acts to intentionally procure for the reporting individual's firm or
47 knowingly solicit or direct to the reporting individual's firm in whole
48 or substantial part, a person or entity that becomes a client of that
49 firm for the purposes of representation for a matter as defined in
50 subparagraphs (i) through (v) of this paragraph, as the result of such
51 procurement, solicitation or direction of the reporting individual. A
52 reporting individual need not disclose activities performed while
53 lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi-
54 sion seven of section seventy-three of this article.
S. 6355 27 A. 8555
1 The disclosure requirement in this question shall not require disclo-
2 sure of clients or customers receiving medical or dental services,
3 mental health services, residential real estate brokering services, or
4 insurance brokering services from the reporting individual or his or her
5 firm. The reporting individual need not identify any client to whom he
6 or she or his or her firm provided legal representation with respect to
7 investigation or prosecution by law enforcement authorities, bankruptcy,
8 or domestic relations matters. With respect to clients represented in
9 other matters, where disclosure of a client's identity is likely to
10 cause harm, the reporting individual shall request an exemption from the
11 joint commission pursuant to paragraph (i) of subdivision nine of
12 section ninety-four of the executive law. Only a reporting individual
13 who first enters public office after July first, two thousand twelve,
14 need not report clients or customers with respect to matters for which
15 the reporting individual or his or her firm was retained prior to enter-
16 ing public office.
17 Client Nature of Services Provided
18 ________________________________________________________________________
19 ________________________________________________________________________
20 ________________________________________________________________________
21 ________________________________________________________________________
22 ________________________________________________________________________
23 (c) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
24 PROVIDED ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, OR FOR NEW
25 MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES
26 THAT ARE PROVIDED ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN:
27 (I) IF THE REPORTING INDIVIDUAL RECEIVES INCOME OF $50,000 OR GREATER
28 FROM ANY EMPLOYMENT OR ACTIVITY REPORTABLE UNDER QUESTION 8(A), INCLUD-
29 ING THE PRACTICE OF LAW, IDENTIFY EACH CLIENT OR CUSTOMER TO WHOM THE
30 REPORTING INDIVIDUAL OR HIS OR HER FIRM EARNED FEES IN EXCESS OF $10,000
31 DURING THE REPORTING PERIOD FOR SUCH SERVICES RENDERED IF SUCH CLIENT OR
32 CUSTOMER HAS A PENDING MATTER WITH THE STATE, EVEN IF THE REPORTING
33 INDIVIDUAL PROVIDES NO SERVICES RELATED TO SUCH MATTER, IN DIRECT
34 CONNECTION WITH:
35 (A) A PROPOSED BILL OR RESOLUTION IN THE SENATE OR ASSEMBLY DURING THE
36 REPORTING PERIOD;
37 (B) A CONTRACT IN AN AMOUNT TOTALING $50,000 OR MORE FROM THE STATE OR
38 ANY STATE AGENCY FOR SERVICES, MATERIALS, OR PROPERTY;
39 (C) A GRANT OF $25,000 OR MORE FROM THE STATE OR ANY STATE AGENCY DURING
40 THE REPORTING PERIOD;
41 (D) A GRANT OBTAINED THROUGH A LEGISLATIVE INITIATIVE DURING THE REPORT-
42 ING PERIOD; OR
43 (E) A CASE, PROCEEDING, APPLICATION OR OTHER MATTER THAT IS NOT A MINIS-
44 TERIAL MATTER BEFORE A STATE AGENCY DURING THE REPORTING PERIOD.
45 (II) THE REPORTING INDIVIDUAL SHALL IDENTIFY EVERY CLIENT DIRECTLY
46 REFERRED TO SUCH INDIVIDUAL BY A REGISTERED LOBBYIST OR CLIENT OF A
47 LOBBYIST WHERE SUCH REFERRAL SHALL HAVE BEEN MADE BY DIRECT COMMUNI-
48 CATION FROM THE LOBBYIST OR CLIENT OF A LOBBYIST TO THE REPORTING INDI-
49 VIDUAL. WITH RESPECT TO EACH SUCH CLIENT, THE REPORTING INDIVIDUAL SHALL
50 IDENTIFY THE NAME OF THE CLIENT SO REFERRED, THE AMOUNT OF COMPENSATION
51 RECEIVED, AND THE NAME OF THE LOBBYIST OR CLIENT OF A LOBBYIST WHO
52 REFERRED SUCH CLIENT. THE DISCLOSURE REQUIREMENTS IN CLAUSES (I) AND
53 (II) OF THIS SUBPARAGRAPH SHALL NOT REQUIRE DISCLOSURE OF CLIENTS OR
54 CUSTOMERS RECEIVING MEDICAL OR DENTAL SERVICES, MENTAL HEALTH SERVICES,
55 RESIDENTIAL REAL ESTATE BROKERING SERVICES, OR INSURANCE BROKERING
S. 6355 28 A. 8555
1 SERVICES FROM THE REPORTING INDIVIDUAL OR HIS OR HER FIRM. THE REPORTING
2 INDIVIDUAL NEED NOT IDENTIFY ANY CLIENT TO WHOM HE OR SHE OR HIS OR HER
3 FIRM PROVIDED LEGAL REPRESENTATION WITH RESPECT TO INVESTIGATION OR
4 PROSECUTION BY LAW ENFORCEMENT AUTHORITIES, BANKRUPTCY, OR DOMESTIC
5 RELATIONS MATTERS. WITH RESPECT TO CLIENTS REPRESENTED IN OTHER MATTERS,
6 THE REPORTING INDIVIDUAL SHALL REQUEST AN EXEMPTION FROM THE JOINT
7 COMMISSION, WHICH SHALL BE GRANTED FOR GOOD CAUSE SHOWN. FOR THE
8 PURPOSES OF THIS QUESTION, GOOD CAUSE MAY BE SHOWN BY CIRCUMSTANCES
9 INCLUDING, BUT NOT LIMITED TO, WHERE DISCLOSURE OF A CLIENT'S IDENTITY
10 WOULD REVEAL TRADE SECRETS OR HAVE A NEGATIVE IMPACT ON THE CLIENT'S
11 BUSINESS INTERESTS, WOULD CAUSE EMBARRASSMENT FOR THE CLIENT, COULD
12 REASONABLY RESULT IN RETALIATION AGAINST THE CLIENT, OR WOULD TEND TO
13 REVEAL NON-PUBLIC MATTERS REGARDING A CRIMINAL INVESTIGATION. ONLY A
14 REPORTING INDIVIDUAL WHO FIRST ENTERS PUBLIC OFFICE AFTER JANUARY FIRST,
15 TWO THOUSAND FIFTEEN, NEED NOT REPORT CLIENTS OR CUSTOMERS WITH RESPECT
16 TO MATTERS FOR WHICH THE REPORTING INDIVIDUAL OR HIS OR HER FIRM WAS
17 RETAINED PRIOR TO ENTERING PUBLIC OFFICE.
18 CLIENT NATURE OF SERVICES PROVIDED
19 ________________________________________________________________________
20 ________________________________________________________________________
21 ________________________________________________________________________
22 ________________________________________________________________________
23 ________________________________________________________________________
24 (D) List the name, principal address and general description or the
25 nature of the business activity of any entity in which the reporting
26 individual or such individual's spouse had an investment in excess of
27 $1,000 excluding investments in securities and interests in real proper-
28 ty.
29 ____________________________________________________________________
30 ____________________________________________________________________
31 ____________________________________________________________________
32 ____________________________________________________________________
33 ____________________________________________________________________
34 S 38. Severability. If any clause, sentence, paragraph, section or
35 part of this act shall be adjudged by any court of competent jurisdic-
36 tion to be invalid, such judgment shall not affect, impair, or invali-
37 date the remainder thereof, but shall be confined in its operation to
38 the clause, sentence, paragraph, section or part thereof directly
39 involved in the controversy in which such judgment shall have been
40 rendered.
41 S 39. This act shall take effect on the thirtieth day after it shall
42 have become a law and shall only apply to acts committed on or after
43 such date.
44 SUBPART B
45 Section 1. Subdivision 1 of section 14-126 of the election law, as
46 amended by section 3 of part E of chapter 399 of the laws of 2011, is
47 amended to read as follows:
48 1. Any person who fails to file a statement required to be filed by
49 this article shall be subject to a civil penalty, not in excess of one
50 thousand dollars, to be recoverable in a special proceeding or civil
51 action to be brought by the state board of elections [or other board of
S. 6355 29 A. 8555
1 elections] CHIEF ENFORCEMENT COUNSEL PURSUANT TO SECTION 16-114 OF THIS
2 CHAPTER. Any person who, three or more times within a given election
3 cycle for such term of office, fails to file a statement or statements
4 required to be filed by this article, shall be subject to a civil penal-
5 ty, not in excess of ten thousand dollars, to be recoverable as provided
6 for in this subdivision.
7 S 2. Subdivision 3 of section 3-100 of the election law, as amended by
8 chapter 220 of the laws of 2005, is amended to read as follows:
9 3. The commissioners of the state board of elections shall have no
10 other public employment. The commissioners shall receive an annual sala-
11 ry of twenty-five thousand dollars, within the amounts made available
12 therefor by appropriation. The board shall, for the purposes of sections
13 seventy-three and seventy-four of the public officers law, be a "state
14 agency", and such commissioners shall be "officers" of the state board
15 of elections for the purposes of such sections. Within the amounts made
16 available by appropriation therefor, the state board of elections shall
17 appoint two co-executive directors, and such other staff members as are
18 necessary in the exercise of its functions, and may fix their compen-
19 sation. [Anytime after the effective date of the chapter of the laws of
20 two thousand five which amended this subdivision, the] THE commissioners
21 or, in the case of a vacancy on the board, the commissioner of each of
22 the major political parties shall appoint one co-executive director.
23 Each co-executive director shall serve a term of four years. THE GOVER-
24 NOR SHALL APPOINT A CHIEF ENFORCEMENT COUNSEL TO HEAD THE DIVISION OF
25 ELECTION LAW ENFORCEMENT WHO SHALL HAVE A FIXED TERM OF FOUR YEARS AND
26 SHALL BE REMOVED ONLY FOR GOOD CAUSE AND SOLELY BY THE GOVERNOR. THE
27 CHIEF ENFORCEMENT COUNSEL SHALL HAVE SOLE AUTHORITY OVER PERSONNEL DECI-
28 SIONS WITHIN THE ENFORCEMENT UNIT. ALL HIRING DECISIONS MADE BY THE
29 CHIEF ENFORCEMENT COUNSEL SHALL BE MADE WITHOUT REGARD TO POLITICAL
30 PARTY AFFILIATION. ANY VACANCY IN THE OFFICE OF CO-EXECUTIVE DIRECTOR
31 shall be filled by the commissioners or, in the case of a vacancy on the
32 board, the commissioner of the same major political party as the vacat-
33 ing incumbent for the remaining period of the term of such vacating
34 incumbent.
35 S 3. Subdivision 3 and paragraph (c) of subdivision 9-A of section
36 3-102 of the election law, subdivision 3 as amended by chapter 9 of the
37 laws of 1978 and paragraph (c) of subdivision 9-A as added by chapter
38 430 of the laws of 1997, are amended to read as follows:
39 3. conduct any investigation necessary to carry out the provisions of
40 this chapter, PROVIDED, HOWEVER, THAT THE STATE BOARD OF ELECTIONS CHIEF
41 ENFORCEMENT COUNSEL, ESTABLISHED PURSUANT TO SECTION 3-100 OF THIS ARTI-
42 CLE, SHALL CONDUCT ANY INVESTIGATION NECESSARY TO ENFORCE THE PROVISIONS
43 OF THIS CHAPTER;
44 (c) establish [a] AN EDUCATIONAL AND training program on ALL REPORTING
45 REQUIREMENTS INCLUDING BUT NOT LIMITED TO the electronic reporting proc-
46 ess and make it EASILY AND READILY available to any such candidate or
47 committee;
48 S 4. Section 3-104 of the election law, subdivisions 1, 3, 4 and 5 as
49 redesignated and subdivision 2 as amended by chapter 9 of the laws of
50 1978, is amended to read as follows:
51 S 3-104. State board of elections; enforcement powers.
52 1. (A) THERE SHALL BE A UNIT KNOWN AS THE DIVISION OF ELECTION LAW
53 ENFORCEMENT ESTABLISHED WITHIN THE STATE BOARD OF ELECTIONS. THE HEAD OF
54 SUCH UNIT SHALL BE THE CHIEF ENFORCEMENT COUNSEL.
55 (B) The state board of elections shall have jurisdiction of, and be
56 responsible for, the execution and enforcement of the provisions of
S. 6355 30 A. 8555
1 article fourteen of this chapter and other statutes governing campaigns,
2 elections and related procedures; PROVIDED HOWEVER THAT THE CHIEF
3 ENFORCEMENT COUNSEL SHALL HAVE AUTHORITY WITHIN THE STATE BOARD OF
4 ELECTIONS TO INVESTIGATE ON HIS OR HER OWN INITIATIVE OR UPON COMPLAINT
5 ALLEGED VIOLATIONS OF SUCH STATUTES AND ALL COMPLAINTS ALLEGING
6 VIOLATIONS SHALL BE FORWARDED TO THE ENFORCEMENT DIVISION OF ELECTION
7 LAW ENFORCEMENT.
8 2. (A) Whenever [the state board of elections or other] A LOCAL board
9 of elections shall determine, on its own initiative or upon complaint,
10 or otherwise, that there is substantial reason to believe a violation of
11 this chapter or any code or regulation promulgated thereunder has
12 [occurred] BEEN COMMITTED BY A CANDIDATE OR POLITICAL COMMITTEE OR OTHER
13 PERSON OR ENTITY THAT FILES STATEMENTS REQUIRED BY ARTICLE FOURTEEN OF
14 THIS CHAPTER SOLELY WITH SUCH LOCAL BOARD, it shall expeditiously make
15 an investigation which shall also include investigation of reports and
16 statements made or failed to be made by the complainant and any poli-
17 tical committee supporting his candidacy if the complainant is a candi-
18 date or, if the complaint was made by an officer or member of a poli-
19 tical committee, of reports and statements made or failed to be made by
20 such political committee and any candidates supported by it. [The state
21 board of elections, in lieu of making such an investigation, may direct
22 the appropriate board of elections to make an investigation.] THE LOCAL
23 BOARD SHALL REPORT THE RESULTS OF ITS INVESTIGATION TO THE DIVISION OF
24 ELECTION LAW ENFORCEMENT CHIEF ENFORCEMENT COUNSEL WITHIN NINETY DAYS OF
25 THE START OF SUCH INVESTIGATION. THE CHIEF ENFORCEMENT COUNSEL MAY
26 DIRECT THE LOCAL BOARD OF ELECTIONS AT ANY TIME TO SUSPEND ITS INVESTI-
27 GATION SO THAT THE DIVISION OF ELECTION LAW ENFORCEMENT CAN INVESTIGATE
28 THE MATTER.
29 (B) The [state board of elections] CHIEF ENFORCEMENT COUNSEL may
30 request, and shall receive, the assistance of the state police in any
31 investigation it shall conduct.
32 [3. If, after an investigation, the state or other board of elections
33 finds reasonable cause to believe that a violation warranting criminal
34 prosecution has taken place, it shall forthwith refer the matter to the
35 district attorney of the appropriate county and shall make available to
36 such district attorney all relevant papers, documents, testimony and
37 findings relevant to its investigation.
38 4. The state or other board of elections may, where appropriate,
39 commence a judicial proceeding with respect to the filing or failure to
40 file any statement of receipts, expenditures, or contributions, under
41 the provisions of this chapter, and the state board of elections may
42 direct the appropriate other board of elections to commence such
43 proceeding.
44 5.] 3. UPON RECEIPT OF A COMPLAINT AND SUPPORTING INFORMATION ALLEGING
45 ANY OTHER VIOLATION OF THIS CHAPTER, THE CHIEF ENFORCEMENT COUNSEL SHALL
46 ANALYZE THE COMPLAINT TO DETERMINE IF AN INVESTIGATION SHOULD BE UNDER-
47 TAKEN. THE CHIEF ENFORCEMENT COUNSEL SHALL, IF NECESSARY, OBTAIN ADDI-
48 TIONAL INFORMATION FROM THE COMPLAINANT OR FROM OTHER SOURCES TO ASSIST
49 SUCH COUNSEL IN MAKING THIS DETERMINATION. SUCH ANALYSIS SHALL INCLUDE
50 THE FOLLOWING: FIRST, WHETHER THE ALLEGATIONS, IF TRUE, WOULD CONSTITUTE
51 A VIOLATION OF THIS CHAPTER AND, SECOND, WHETHER THE ALLEGATIONS ARE
52 SUPPORTED BY CREDIBLE EVIDENCE.
53 4. IF THE CHIEF ENFORCEMENT COUNSEL DETERMINES THAT THE ALLEGATIONS,
54 IF TRUE, WOULD NOT CONSTITUTE A VIOLATION OF THIS CHAPTER OR THAT THE
55 ALLEGATIONS ARE NOT SUPPORTED BY CREDIBLE EVIDENCE, HE OR SHE SHALL
56 ISSUE A LETTER TO THE COMPLAINANT DISMISSING THE COMPLAINT.
S. 6355 31 A. 8555
1 5. THE CHIEF ENFORCEMENT COUNSEL SHALL HAVE THE POWER TO FULLY INVES-
2 TIGATE VIOLATIONS OF THIS CHAPTER, INCLUDING THE POWER TO ISSUE SUBPOE-
3 NAS AND TO APPLY FOR SEARCH WARRANTS PURSUANT TO ARTICLE SIX HUNDRED
4 NINETY OF THE CRIMINAL PROCEDURE LAW, AND, EXCEPT IN EXIGENT CIRCUM-
5 STANCES, SHALL GIVE PRIOR NOTICE OF THE APPLICATION TO THE DISTRICT
6 ATTORNEY OF THE COUNTY IN WHICH SUCH A WARRANT IS TO BE EXECUTED, AND IN
7 SUCH EXIGENT CIRCUMSTANCES SHALL GIVE SUCH NOTICE AS SOON THEREAFTER AS
8 IS PRACTICABLE; PROVIDED, HOWEVER THAT THE FAILURE TO GIVE NOTICE OF A
9 SEARCH WARRANT APPLICATION TO A DISTRICT ATTORNEY SHALL NOT BE A GROUND
10 TO SUPPRESS THE EVIDENCE SEIZED IN EXECUTING THE WARRANT. THE CHIEF
11 ENFORCEMENT COUNSEL SHALL BE FURTHER AUTHORIZED TO USE THE FULL INVESTI-
12 GATIVE POWERS OF THE STATE BOARD OF ELECTIONS, AS PROVIDED FOR IN SUBDI-
13 VISIONS THREE, FOUR, FIVE AND SIX OF SECTION 3-102 OF THIS TITLE.
14 6. THE CHIEF ENFORCEMENT COUNSEL MAY, AFTER CONSULTATION WITH THE
15 DISTRICT ATTORNEY AS TO THE TIME AND PLACE OF SUCH ATTENDANCE OR APPEAR-
16 ANCE, ATTEND IN PERSON ANY TERM OF THE COUNTY COURT OR SUPREME COURT
17 HAVING APPROPRIATE JURISDICTION, INCLUDING AN EXTRAORDINARY SPECIAL OR
18 TRIAL TERM OF THE SUPREME COURT WHEN ONE IS APPOINTED PURSUANT TO
19 SECTION ONE HUNDRED FORTY-NINE OF THE JUDICIARY LAW, OR APPEAR BEFORE
20 THE GRAND JURY THEREOF, FOR THE PURPOSE OF MANAGING AND CONDUCTING IN
21 SUCH COURT OR BEFORE SUCH JURY A CRIMINAL ACTION OR PROCEEDING CONCERNED
22 WITH A CRIMINAL VIOLATION OF THIS CHAPTER. THE CHIEF ENFORCEMENT COUN-
23 SEL MAY REPRESENT, AND SHALL RECEIVE, THE ASSISTANCE OF THE STATE POLICE
24 IN ANY INVESTIGATION HE OR SHE SHALL CONDUCT. IN SUCH CASE, SUCH CHIEF
25 ENFORCEMENT COUNSEL OR HIS OR HER ASSISTANT SO ATTENDING MAY EXERCISE
26 ALL THE POWERS AND PERFORM ALL THE DUTIES IN RESPECT OF SUCH ACTIONS OR
27 PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE BE AUTHORIZED OR
28 REQUIRED TO EXERCISE OR PERFORM.
29 7. (A) IF THE CHIEF ENFORCEMENT COUNSEL DETERMINES THAT SUBSTANTIAL
30 REASON EXISTS TO BELIEVE THAT A PERSON, ACTING AS OR ON BEHALF OF A
31 CANDIDATE OR POLITICAL COMMITTEE UNDER CIRCUMSTANCES EVINCING AN INTENT
32 TO VIOLATE SUCH LAW, HAS UNLAWFULLY ACCEPTED A CONTRIBUTION IN EXCESS OF
33 A CONTRIBUTION LIMITATION ESTABLISHED IN ARTICLE FOURTEEN OF THIS CHAP-
34 TER OR HAS UNLAWFULLY VIOLATED ANY PROVISION OF THIS CHAPTER, THE CHIEF
35 ENFORCEMENT COUNSEL SHALL SELECT A HEARING OFFICER, FROM A LIST OF
36 PROSPECTIVE HEARING OFFICERS EACH APPROVED BY A TWO-THIRDS MAJORITY VOTE
37 OF THE BOARD, TO WHOM HE OR SHALL SHALL PROVIDE A WRITTEN REPORT AS TO:
38 (1) WHETHER SUBSTANTIAL REASON EXISTS TO BELIEVE A VIOLATION OF THIS
39 CHAPTER HAS OCCURRED AND, IF SO, THE NATURE OF THE VIOLATION AND ANY
40 APPLICABLE PENALTY, BASED ON THE NATURE OF THE VIOLATION; (2) WHETHER
41 THE MATTER SHOULD BE RESOLVED EXTRA-JUDICIALLY; AND (3) WHETHER A
42 SPECIAL PROCEEDING SHOULD BE COMMENCED IN THE SUPREME COURT TO RECOVER A
43 CIVIL PENALTY. THE HEARING OFFICER SHALL MAKE FINDINGS OF FACT AND
44 CONCLUSIONS OF LAW BASED ON A PREPONDERANCE OF THE EVIDENCE AS TO WHETH-
45 ER A VIOLATION HAS BEEN ESTABLISHED AND WHO IS GUILTY OF SUCH VIOLATION
46 ON NOTICE TO AND WITH AN OPPORTUNITY FOR THE INDIVIDUAL OR ENTITY
47 ACCUSED OF ANY VIOLATIONS TO BE HEARD. THE CHIEF ENFORCEMENT COUNSEL
48 SHALL ADOPT SUCH REPORT AND COMMENCE A SPECIAL PROCEEDING IN THE SUPREME
49 COURT PURSUANT TO SECTIONS 16-100, 16-114 AND 16-116 OF THIS CHAPTER
50 SHOULD THE FINDINGS OF FACT AND CONCLUSIONS OF LAW SUPPORT THE COMMENCE-
51 MENT OF SUCH PROCEEDING. IF THE BOARD OF ELECTIONS FAILS TO PRODUCE A
52 LIST OF ELIGIBLE HEARING OFFICERS, THE CHIEF ENFORCEMENT COUNSEL MAY
53 COMMENCE A SPECIAL PROCEEDING AS PROVIDED HEREIN IN ACCORDANCE WITH
54 RECOMMENDATIONS MADE IN HIS OR HER REPORT.
55 (B) IF THE CHIEF ENFORCEMENT COUNSEL DETERMINES, THAT REASONABLE CAUSE
56 EXISTS TO BELIEVE A VIOLATION WARRANTING CRIMINAL PROSECUTION HAS TAKEN
S. 6355 32 A. 8555
1 PLACE, THE CHIEF ENFORCEMENT COUNSEL SHALL COMMENCE A CRIMINAL ACTION OR
2 REFER SUCH MATTER TO THE ATTORNEY GENERAL OR DISTRICT ATTORNEY WITH
3 JURISDICTION OVER SUCH MATTER TO COMMENCE A CRIMINAL ACTION AS SUCH TERM
4 IS DEFINED IN THE CRIMINAL PROCEDURE LAW.
5 8. UPON NOTIFICATION THAT A SPECIAL PROCEEDING HAS BEEN COMMENCED BY A
6 PARTY OTHER THAN THE STATE BOARD OF ELECTIONS, PURSUANT TO SECTION
7 16-114 OF THIS CHAPTER, THE CHIEF ENFORCEMENT COUNSEL SHALL INVESTIGATE
8 THE ALLEGED VIOLATIONS UNLESS OTHERWISE DIRECTED BY THE COURT.
9 9. THE CHIEF ENFORCEMENT COUNSEL SHALL PREPARE A REPORT, TO BE
10 INCLUDED IN THE ANNUAL REPORT TO THE GOVERNOR, THE STATE BOARD OF
11 ELECTIONS AND LEGISLATURE, SUMMARIZING THE ACTIVITIES OF THE UNIT DURING
12 THE PREVIOUS YEAR.
13 10. The state board of elections may promulgate rules and regulations
14 consistent with law to effectuate the provisions of this section.
15 S 5. Subdivision 32 of section 1.20 of the criminal procedure law, as
16 amended by section 4 of part A of chapter 501 of the laws of 2012, is
17 amended to read as follows:
18 32. "District attorney" means a district attorney, an assistant
19 district attorney or a special district attorney, and, where appropri-
20 ate, the attorney general, an assistant attorney general, a deputy
21 attorney general, a special deputy attorney general, [or] the special
22 prosecutor and inspector general for the protection of people with
23 special needs or his or her assistants when acting pursuant to their
24 duties in matters arising under article twenty of the executive law, OR
25 THE CHIEF ENFORCEMENT COUNSEL OF THE STATE BOARD OF ELECTIONS WHEN
26 ACTING PURSUANT TO HIS OR HER DUTIES IN MATTERS ARISING UNDER THE
27 ELECTION LAW.
28 S 6. This act shall take effect on the ninetieth day after it shall
29 have become a law.
30 SUBPART C
31 Section 1. Section 14-100 of the election law is amended by adding
32 four new subdivisions 12, 13, 14 and 15 to read as follows:
33 12. "CLEARLY IDENTIFIED CANDIDATE" MEANS THAT:
34 (A) THE NAME OF THE CANDIDATE INVOLVED APPEARS;
35 (B) A PHOTOGRAPH OR DRAWING OF THE CANDIDATE APPEARS; OR
36 (C) THE IDENTITY OF THE CANDIDATE IS APPARENT BY UNAMBIGUOUS REFER-
37 ENCE.
38 13. "GENERAL PUBLIC AUDIENCE" MEANS AN AUDIENCE COMPOSED OF MEMBERS OF
39 THE PUBLIC, INCLUDING A TARGETED SUBGROUP OF MEMBERS OF THE PUBLIC;
40 PROVIDED, HOWEVER, IT DOES NOT MEAN AN AUDIENCE SOLELY COMPRISED OF
41 MEMBERS, RETIREES AND STAFF OF A LABOR ORGANIZATION OR THEIR IMMEDIATE
42 FAMILY MEMBERS OR AN AUDIENCE SOLELY COMPRISED OF EMPLOYEES OF A CORPO-
43 RATION, UNINCORPORATED BUSINESS ENTITY OR MEMBERS OF A BUSINESS, TRADE
44 OR PROFESSIONAL ASSOCIATION OR ORGANIZATION.
45 14. "LABOR ORGANIZATION" MEANS ANY ORGANIZATION OF ANY KIND WHICH
46 EXISTS FOR THE PURPOSE, IN WHOLE OR IN PART, OF REPRESENTING EMPLOYEES
47 EMPLOYED WITHIN THE STATE OF NEW YORK IN DEALING WITH EMPLOYERS OR
48 EMPLOYER ORGANIZATIONS OR WITH A STATE GOVERNMENT, OR ANY POLITICAL OR
49 CIVIL SUBDIVISION OR OTHER AGENCY THEREOF, CONCERNING TERMS AND CONDI-
50 TIONS OF EMPLOYMENT, GRIEVANCES, LABOR DISPUTES, OR OTHER MATTERS INCI-
51 DENTAL TO THE EMPLOYMENT RELATIONSHIP. FOR THE PURPOSES OF THIS ARTICLE,
52 EACH LOCAL, PARENT NATIONAL OR PARENT INTERNATIONAL ORGANIZATION OF A
53 STATEWIDE LABOR ORGANIZATION, AND EACH STATEWIDE FEDERATION RECEIVING
S. 6355 33 A. 8555
1 DUES FROM SUBSIDIARY LABOR ORGANIZATIONS, SHALL BE CONSIDERED A SEPARATE
2 LABOR ORGANIZATION.
3 15. "INTERMEDIARY" MEANS AN INDIVIDUAL, CORPORATION, PARTNERSHIP,
4 POLITICAL COMMITTEE, LABOR ORGANIZATION, OR OTHER ENTITY WHICH, OTHER
5 THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY, OR MESSEN-
6 GER SERVICE, DELIVERS ANY CONTRIBUTION FROM ANOTHER PERSON OR ENTITY TO
7 A CANDIDATE OR AN AUTHORIZED COMMITTEE.
8 "INTERMEDIARY" SHALL NOT INCLUDE SPOUSES, PARENTS, CHILDREN, OR
9 SIBLINGS OF THE PERSON MAKING SUCH CONTRIBUTION.
10 S 2. Subdivision 1 of section 14-102 of the election law, as amended
11 by chapter 8 and as redesignated by chapter 9 of the laws of 1978, is
12 amended to read as follows:
13 1. The treasurer of every political committee which, or any officer,
14 member or agent of any such committee who, in connection with any
15 election, receives or expends any money or other valuable thing or
16 incurs any liability to pay money or its equivalent shall file state-
17 ments sworn, or subscribed and bearing a form notice that false state-
18 ments made therein are punishable as a class A misdemeanor pursuant to
19 section 210.45 of the penal law, at the times prescribed by this [arti-
20 cle] TITLE setting forth all the receipts, contributions to and the
21 expenditures by and liabilities of the committee, and of its officers,
22 members and agents in its behalf. Such statements shall include the
23 dollar amount of any receipt, contribution or transfer, or the fair
24 market value of any receipt, contribution or transfer, which is other
25 than of money, the name and address of the transferor, contributor,
26 INTERMEDIARY, or person from whom received, and if the transferor,
27 contributor, INTERMEDIARY, or person is a political committee; the name
28 of and the political unit represented by the committee, the date of its
29 receipt, the dollar amount of every expenditure, the name and address of
30 the person to whom it was made or the name of and the political unit
31 represented by the committee to which it was made and the date thereof,
32 and shall state clearly the purpose of such expenditure. AN INTERMEDIARY
33 NEED NOT BE REPORTED FOR A CONTRIBUTION THAT WAS COLLECTED FROM A
34 CONTRIBUTOR IN CONNECTION WITH A PARTY OR OTHER CANDIDATE-RELATED EVENT
35 HELD AT THE RESIDENCE OF THE PERSON DELIVERING THE CONTRIBUTION, UNLESS
36 THE EXPENSES OF SUCH EVENT AT SUCH RESIDENCE FOR SUCH CANDIDATE EXCEED
37 FIVE HUNDRED DOLLARS OR THE AGGREGATE CONTRIBUTIONS RECEIVED FROM THAT
38 CONTRIBUTOR AT SUCH EVENT EXCEED FIVE HUNDRED DOLLARS. Any statement
39 reporting a loan shall have attached to it a copy of the evidence of
40 indebtedness. Expenditures in sums under fifty dollars need not be
41 specifically accounted for by separate items in said statements, and
42 receipts and contributions aggregating not more than ninety-nine
43 dollars, from any one contributor need not be specifically accounted for
44 by separate items in said statements, provided however, that such
45 expenditures, receipts and contributions shall be subject to the other
46 provisions of section 14-118 of this [article] TITLE.
47 S 3. Section 14-106 of the election law, as amended by section 2 of
48 part E of chapter 399 of the laws of 2011, is amended to read as
49 follows:
50 S 14-106. Political communication. The statements required to be filed
51 under the provisions of this article next succeeding a primary, general
52 or special election shall be accompanied by a copy of all broadcast,
53 cable or satellite schedules and scripts, internet, print and other
54 types of advertisements, pamphlets, circulars, flyers, brochures,
55 letterheads and other printed matter purchased or produced, AND REPROD-
56 UCTIONS OF STATEMENTS OR INFORMATION PUBLISHED TO ONE THOUSAND OR MORE
S. 6355 34 A. 8555
1 MEMBERS OF A GENERAL PUBLIC AUDIENCE BY COMPUTER OR OTHER ELECTRONIC
2 DEVICE INCLUDING BUT NOT LIMITED TO ELECTRONIC MAIL OR TEXT MESSAGE,
3 purchased in connection with such election by or under the authority of
4 the person filing the statement or the committee or the person on whose
5 behalf it is filed, as the case may be. Such copies, schedules and
6 scripts shall be preserved by the officer with whom or the board with
7 which it is required to be filed for a period of one year from the date
8 of filing thereof.
9 S 4. The election law is amended by adding a new section 14-107 to
10 read as follows:
11 S 14-107. INDEPENDENT EXPENDITURE REPORTING. 1. FOR PURPOSES OF THIS
12 ARTICLE:
13 (A) "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE BY A PERSON
14 FOR AN AUDIO OR VIDEO COMMUNICATION VIA BROADCAST, CABLE OR SATELLITE OR
15 A WRITTEN COMMUNICATION TO A GENERAL PUBLIC AUDIENCE VIA ADVERTISEMENTS,
16 PAMPHLETS, CIRCULARS, FLYERS, BROCHURES, LETTERHEADS OR OTHER PRINTED
17 MATTER AND STATEMENTS OR INFORMATION CONVEYED TO ONE THOUSAND OR MORE
18 MEMBERS OF A GENERAL PUBLIC AUDIENCE WHICH: (I) UNAMBIGUOUSLY REFERS TO
19 AND ADVOCATES FOR OR AGAINST A CLEARLY IDENTIFIED CANDIDATE OR EXPRESSLY
20 ADVOCATES THE SUCCESS OR DEFEAT OF A BALLOT PROPOSAL, AND (II) SUCH
21 CANDIDATE, THE CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLI-
22 TICAL COMMITTEE FORMED TO PROMOTE THE SUCCESS OR DEFEAT OF A BALLOT
23 PROPOSAL OR ITS AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR
24 COOPERATE IN ANY SUCH COMMUNICATION. FOR THE PURPOSES OF THIS DEFI-
25 NITION, A COMMUNICATION ADVOCATES FOR OR AGAINST A CANDIDATE WHEN IT (I)
26 IRRESPECTIVE OF WHEN SUCH COMMUNICATION IS MADE, CONTAINS WORDS SUCH AS
27 "VOTE," "OPPOSE," "SUPPORT," "ELECT," "DEFEAT," OR "REJECT," WHICH CALL
28 FOR THE ELECTION OR DEFEAT OF THE CLEARLY IDENTIFIED CANDIDATE, OR (II)
29 WITHIN ONE YEAR OF THE ELECTION BUT MORE THAN SIXTY DAYS BEFORE A GENER-
30 AL OR SPECIAL ELECTION FOR THE OFFICE SOUGHT BY THE CANDIDATE OR THIRTY
31 DAYS BEFORE A PRIMARY ELECTION, COULD ONLY BE INTERPRETED BY A REASON-
32 ABLE PERSON AS ADVOCATING FOR THE ELECTION OR DEFEAT OF THE CLEARLY
33 IDENTIFIED CANDIDATE IN SUCH ELECTION BASED UPON UNEQUIVOCAL, UNAMBIG-
34 UOUS TERMS OF SUPPORT OR OPPOSITION, OR (III) WITHIN SIXTY DAYS PRIOR TO
35 A GENERAL OR SPECIAL ELECTION FOR THE OFFICE SOUGHT BY THE CANDIDATE OR
36 THIRTY DAYS BEFORE A PRIMARY ELECTION, INCLUDES OR REFERENCES A CLEARLY
37 IDENTIFIED CANDIDATE.
38 (B) INDEPENDENT EXPENDITURES DO NOT INCLUDE EXPENDITURES IN CONNECTION
39 WITH:
40 (I) A WRITTEN NEWS STORY, COMMENTARY, OR EDITORIAL OR A NEWS STORY,
41 COMMENTARY, OR EDITORIAL DISTRIBUTED THROUGH THE FACILITIES OF ANY
42 BROADCASTING STATION, CABLE OR SATELLITE UNLESS SUCH PUBLICATION OR
43 FACILITIES ARE OWNED OR CONTROLLED BY ANY POLITICAL PARTY, POLITICAL
44 COMMITTEE OR CANDIDATE; OR
45 (II) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR
46 (III) INTERNAL COMMUNICATION BY MEMBERS TO OTHER MEMBERS OF A MEMBER-
47 SHIP ORGANIZATION, FOR THE PURPOSE OF SUPPORTING OR OPPOSING A CANDIDATE
48 OR CANDIDATES FOR ELECTIVE OFFICE, PROVIDED SUCH EXPENDITURES ARE NOT
49 USED FOR THE COSTS OF CAMPAIGN MATERIAL OR COMMUNICATIONS USED IN
50 CONNECTION WITH BROADCASTING, TELECASTING, NEWSPAPERS, MAGAZINES, OR
51 OTHER PERIODICAL PUBLICATION, BILLBOARDS, OR SIMILAR TYPES OF GENERAL
52 PUBLIC COMMUNICATIONS; OR
53 (IV) A COMMUNICATION PUBLISHED ON THE INTERNET, UNLESS THE COMMUNI-
54 CATION IS A PAID ADVERTISEMENT.
55 (C) FOR PURPOSES OF THIS SECTION, THE TERM "PERSON" SHALL MEAN PERSON,
56 GROUP OF PERSONS, CORPORATION, UNINCORPORATED BUSINESS ENTITY, LABOR
S. 6355 35 A. 8555
1 ORGANIZATION OR BUSINESS, TRADE OR PROFESSIONAL ASSOCIATION OR ORGANIZA-
2 TION, OR POLITICAL COMMITTEE.
3 2. WHENEVER ANY PERSON MAKES AN INDEPENDENT EXPENDITURE THAT COSTS
4 MORE THAN ONE THOUSAND DOLLARS IN THE AGGREGATE, SUCH COMMUNICATION
5 SHALL CLEARLY STATE THE NAME OF THE PERSON WHO PAID FOR, OR OTHERWISE
6 PUBLISHED OR DISTRIBUTED THE COMMUNICATION AND STATE, WITH RESPECT TO
7 COMMUNICATIONS REGARDING CANDIDATES, THAT THE COMMUNICATION WAS NOT
8 EXPRESSLY AUTHORIZED OR REQUESTED BY ANY CANDIDATE, OR BY ANY CANDI-
9 DATE'S POLITICAL COMMITTEE OR ANY OF ITS AGENTS.
10 3. (A) ANY PERSON WHO MAKES ANY INDEPENDENT EXPENDITURE IN AN UPCOMING
11 CALENDAR YEAR SHALL FIRST REGISTER WITH THE STATE BOARD OF ELECTIONS AS
12 A POLITICAL COMMITTEE IN CONFORMANCE WITH THIS ARTICLE.
13 (B) ANY PERSON WHO IS REGISTERED PURSUANT TO PARAGRAPH (A) OF THIS
14 SUBDIVISION SHALL REPORT INDEPENDENT EXPENDITURES OVER ONE THOUSAND
15 DOLLARS TO THE STATE BOARD OF ELECTIONS ON A STATEMENT IN THE FORM SET
16 FORTH IN SUBDIVISION FOUR OF THIS SECTION AND AT TIMES SET FORTH IN THIS
17 SUBDIVISION.
18 (C) ANY CONTRIBUTION OVER ONE THOUSAND DOLLARS MADE TO ANY PERSON WHO
19 HAS REGISTERED WITH THE STATE BOARD OF ELECTIONS PURSUANT TO PARAGRAPH
20 (A) OF THIS SUBDIVISION PRIOR TO THIRTY DAYS BEFORE ANY PRIMARY, GENER-
21 AL, OR SPECIAL ELECTION SHALL BE DISCLOSED BY SUCH PERSON TO THE STATE
22 BOARD OF ELECTIONS ELECTRONICALLY WITHIN FORTY-EIGHT HOURS OF RECEIPT.
23 (D) ANY CONTRIBUTION OVER ONE THOUSAND DOLLARS MADE TO ANY PERSON WHO
24 HAS REGISTERED WITH THE STATE BOARD OF ELECTIONS PURSUANT TO PARAGRAPH
25 (A) OF THIS SUBDIVISION WITHIN THIRTY DAYS BEFORE ANY PRIMARY, GENERAL,
26 OR SPECIAL ELECTION SHALL BE DISCLOSED BY SUCH PERSON TO THE STATE BOARD
27 OF ELECTIONS ELECTRONICALLY WITHIN TWENTY-FOUR HOURS OF RECEIPT.
28 (E) A KNOWING AND WILLFUL VIOLATION OF THE PROVISIONS OF THIS SUBDIVI-
29 SION SHALL SUBJECT THE PERSON TO A CIVIL PENALTY EQUAL TO FIVE THOUSAND
30 DOLLARS OR THE COST OF THE COMMUNICATION, WHICHEVER IS GREATER, IN A
31 SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE BOARD OR IMPOSED
32 DIRECTLY BY THE BOARD OF ELECTIONS.
33 4. EACH SUCH STATEMENT IN SUBDIVISION THREE OF THIS SECTION SHALL
34 INCLUDE, IN ADDITION TO ANY OTHER INFORMATION REQUIRED BY LAW:
35 (A) THE NAME, ADDRESS, OCCUPATION AND EMPLOYER OF THE PERSON MAKING
36 THE STATEMENT;
37 (B) THE NAME, ADDRESS, OCCUPATION AND EMPLOYER OF THE PERSON MAKING
38 THE INDEPENDENT EXPENDITURE;
39 (C) THE NAME, ADDRESS, OCCUPATION AND EMPLOYER OF ANY PERSON PROVIDING
40 A CONTRIBUTION, GIFT, LOAN, ADVANCE OR DEPOSIT OF ONE THOUSAND DOLLARS
41 OR MORE FOR THE INDEPENDENT EXPENDITURE, OR THE PROVISION OF SERVICES
42 FOR THE SAME, AND THE DATE IT WAS GIVEN; PROVIDED, HOWEVER, THE NAME AND
43 ADDRESS OF A MEMBER OF A LABOR ORGANIZATION IS NOT REQUIRED FOR A
44 CONTRIBUTION, GIFT, LOAN, ADVANCE OR DEPOSIT TO A LABOR ORGANIZATION;
45 AND PROVIDED FURTHER THAT THE NAME AND ADDRESS OF AN EMPLOYEE OF A
46 CORPORATION, UNINCORPORATED BUSINESS ENTITY OR A MEMBER OF A BUSINESS,
47 TRADE OR PROFESSIONAL ASSOCIATION OR ORGANIZATION IS NOT REQUIRED FOR A
48 CONTRIBUTION, GIFT, LOAN, ADVANCE OR DEPOSIT TO SUCH CORPORATION, UNIN-
49 CORPORATED BUSINESS ENTITY OR BUSINESS, TRADE OR PROFESSIONAL ASSOCI-
50 ATION OR ORGANIZATION RESPECTIVELY;
51 (D) THE DOLLAR AMOUNT PAID FOR EACH INDEPENDENT EXPENDITURE, THE NAME
52 AND ADDRESS OF THE PERSON OR ENTITY RECEIVING THE PAYMENT, THE DATE THE
53 PAYMENT WAS MADE AND A DESCRIPTION OF THE INDEPENDENT EXPENDITURE; AND
54 (E) THE ELECTION TO WHICH THE INDEPENDENT EXPENDITURE PERTAINS AND THE
55 NAME OF THE CLEARLY IDENTIFIED CANDIDATE OR THE BALLOT PROPOSAL REFER-
56 ENCED.
S. 6355 36 A. 8555
1 5. A COPY OF ALL POLITICAL COMMUNICATIONS PAID FOR BY THE INDEPENDENT
2 EXPENDITURE, INCLUDING BUT NOT LIMITED TO BROADCAST, CABLE OR SATELLITE
3 SCHEDULES AND SCRIPTS, ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS,
4 BROCHURES, LETTERHEADS AND OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
5 MATION CONVEYED TO ONE THOUSAND OR MORE MEMBERS OF A GENERAL PUBLIC
6 AUDIENCE BY COMPUTER OR OTHER ELECTRONIC DEVICES SHALL BE FILED WITH THE
7 STATE BOARD OF ELECTIONS WITH THE STATEMENTS REQUIRED BY THIS SECTION.
8 6. EVERY STATEMENT REQUIRED TO BE FILED PURSUANT TO THIS SECTION SHALL
9 BE FILED ELECTRONICALLY WITH THE STATE BOARD OF ELECTIONS.
10 7. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE REGULATIONS WITH
11 RESPECT TO THE STATEMENTS REQUIRED TO BE FILED BY THIS SECTION AND SHALL
12 PROVIDE FORMS SUITABLE FOR SUCH STATEMENTS.
13 S 5. Subdivision 3 of section 14-124 of the election law, as amended
14 by chapter 71 of the laws of 1988, is amended to read as follows:
15 3. The contribution and receipt limits of this article shall not apply
16 to monies received and expenditures made by a party committee or consti-
17 tuted committee to maintain a permanent headquarters and staff and carry
18 on ordinary activities which are not for the express purpose of promot-
19 ing the candidacy of specific candidates, EXCEPT THAT CONTRIBUTIONS MADE
20 FOR SUCH ACTIVITIES TO A PARTY COMMITTEE OR CONSTITUTED COMMITTEE SHALL
21 BE LIMITED TO TWENTY-FIVE THOUSAND DOLLARS IN THE AGGREGATE FROM EACH
22 CONTRIBUTOR IN EACH YEAR.
23 S 6. Section 14-126 of the election law, as amended by section 3 of
24 part E of chapter 399 of the laws of 2011, is amended to read as
25 follows:
26 S 14-126. Violations; penalties. 1. (A) Any person who fails to file a
27 statement required to be filed by this article shall be subject to a
28 civil penalty, not in excess of one thousand dollars, to be recoverable
29 in a special proceeding or civil action to be brought by the [state
30 board of elections or other board of elections] CHIEF ENFORCEMENT COUN-
31 SEL PURSUANT TO THIS CHAPTER OR IMPOSED DIRECTLY BY THE STATE BOARD OF
32 ELECTIONS. Any person who, three or more times within a given election
33 cycle for such term of office, fails to file a statement or statements
34 required to be filed by this article, shall be subject to a civil penal-
35 ty, not in excess of ten thousand dollars, to be recoverable as provided
36 for in this subdivision.
37 (B) FINES AUTHORIZED TO BE IMPOSED DIRECTLY BY THE STATE BOARD OF
38 ELECTIONS SHALL BE AFTER A HEARING AT WHICH THE SUBJECT PERSON OR
39 AUTHORIZED COMMITTEE SHALL BE GIVEN THE OPPORTUNITY TO BE HEARD. SUCH
40 HEARING SHALL BE HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY BE
41 PRESCRIBED BY THE RULES OF THE STATE BOARD OF ELECTIONS. FOR PURPOSES OF
42 CONDUCTING SUCH HEARINGS, THE STATE BOARD OF ELECTIONS SHALL BE DEEMED
43 TO BE AN AGENCY WITHIN THE MEANING OF ARTICLE THREE OF THE STATE ADMIN-
44 ISTRATIVE PROCEDURE ACT AND SHALL ADOPT RULES GOVERNING THE CONDUCT OF
45 ADJUDICATORY PROCEEDINGS AND APPEALS TAKEN PURSUANT TO A PROCEEDING
46 COMMENCED UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND
47 RULES RELATING TO THE ASSESSMENT OF THE CIVIL PENALTIES AUTHORIZED IN
48 THIS SECTION.
49 (C) ALL PAYMENTS RECEIVED BY THE STATE BOARD OF ELECTIONS PURSUANT TO
50 THIS SECTION SHALL BE RETAINED IN THE APPROPRIATE ACCOUNTS AS DESIGNATED
51 BY THE DIVISION OF THE BUDGET FOR ENFORCEMENT ACTIVITIES BY THE BOARD OF
52 ELECTIONS.
53 2. Any person who, acting as or on behalf of a candidate or political
54 committee, under circumstances evincing an intent to violate such law,
55 unlawfully accepts a contribution in excess of a contribution limitation
56 established in this article, shall be required to refund such excess
S. 6355 37 A. 8555
1 amount and shall be subject to a civil penalty equal to the excess
2 amount plus a fine of up to ten thousand dollars, to be recoverable in a
3 special proceeding or civil action to be brought by the state board of
4 elections CHIEF ENFORCEMENT COUNSEL OR IMPOSED DIRECTLY BY THE STATE
5 BOARD OF ELECTIONS.
6 3. ANY PERSON WHO FALSELY IDENTIFIES OR FAILS TO IDENTIFY ANY INDE-
7 PENDENT EXPENDITURE AS REQUIRED BY SUBDIVISION TWO OF SECTION 14-107 OF
8 THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY EQUAL TO ONE THOUSAND
9 DOLLARS OR THE COST OF THE COMMUNICATION, WHICHEVER IS GREATER, IN A
10 SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE STATE BOARD OF
11 ELECTIONS CHIEF ENFORCEMENT COUNSEL OR IMPOSED DIRECTLY BY THE STATE
12 BOARD OF ELECTIONS. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "PERSON"
13 SHALL MEAN A PERSON, GROUP OF PERSONS, CORPORATION, UNINCORPORATED BUSI-
14 NESS ENTITY, LABOR ORGANIZATION OR BUSINESS, TRADE OR PROFESSIONAL ASSO-
15 CIATION OR ORGANIZATION OR POLITICAL COMMITTEE.
16 4. Any person who knowingly and willfully fails to file a statement
17 required to be filed by this article within ten days after the date
18 provided for filing such statement or any person who knowingly and will-
19 fully violates any other provision of this article shall be guilty of a
20 misdemeanor.
21 [4.] 5. Any person who knowingly and willfully contributes, accepts or
22 aids or participates in the acceptance of a contribution in an amount
23 exceeding an applicable maximum specified in this article shall be guil-
24 ty of a CLASS A misdemeanor.
25 [5.] 6. Any person who shall, acting on behalf of a candidate or poli-
26 tical committee, knowingly and willfully solicit, organize or coordinate
27 the formation of activities of one or more unauthorized committees, make
28 expenditures in connection with the nomination for election or election
29 of any candidate, or solicit any person to make any such expenditures,
30 for the purpose of evading the contribution limitations of this article,
31 shall be guilty of a class E felony.
32 S 7. This act shall take effect June 1, 2014.
33 SUBPART D
34 Section 1. The article heading of article 14 of the election law is
35 amended to read as follows:
36 [Campaign Receipts and Expenditures] CAMPAIGN RECEIPTS AND EXPENDI-
37 TURES; PUBLIC FINANCING
38 S 2. Sections 14-100 through 14-130 of article 14 of the election law
39 are designated title I and a new title heading is added to read as
40 follows:
41 CAMPAIGN RECEIPTS AND EXPENDITURES
42 S 3. Section 14-100 of the election law is amended by adding a new
43 subdivision 16 to read as follows:
44 16. "AUTHORIZED COMMITTEE" MEANS THE SINGLE POLITICAL COMMITTEE DESIG-
45 NATED BY A CANDIDATE TO RECEIVE ALL CONTRIBUTIONS AUTHORIZED BY THIS
46 TITLE.
47 S 3-a. Section 3-104 of the election law is amended by adding a new
48 subdivision 6 to read as follows:
49 6. THERE SHALL BE A UNIT KNOWN AS THE STATE BOARD OF ELECTIONS PUBLIC
50 FINANCING UNIT ESTABLISHED WITHIN THE STATE BOARD OF ELECTIONS, WHICH
51 SHALL BE RESPONSIBLE FOR ADMINISTERING AND, WITH THE DIVISION OF
52 ELECTION LAW ENFORCEMENT, ENFORCING THE REQUIREMENTS OF THE PUBLIC
53 FINANCING SYSTEM SET FORTH IN TITLE TWO OF ARTICLE FOURTEEN OF THIS
54 CHAPTER.
S. 6355 38 A. 8555
1 S 3-b. Subdivision 2 of section 14-108 of the election law, as amended
2 by chapter 109 of the laws of 1997, is amended to read as follows:
3 2. Each statement shall cover the period up to and including the
4 fourth day next preceding the day specified for the filing thereof[;
5 provided, however, that]. THE RECEIPT OF ANY CONTRIBUTION OR LOAN IN
6 EXCESS OF ONE THOUSAND DOLLARS SHALL BE DISCLOSED WITHIN FORTY-EIGHT
7 HOURS OF RECEIPT, AND SHALL BE REPORTED IN THE SAME MANNER AS ANY OTHER
8 CONTRIBUTION OR LOAN ON THE NEXT APPLICABLE STATEMENT. HOWEVER, any
9 contribution or loan in excess of one thousand dollars, if received
10 after the close of the period to be covered in the last statement filed
11 before any primary, general or special election but before such
12 election, shall be reported, in the same manner as other contributions,
13 within twenty-four hours after receipt.
14 S 4. Subdivisions 1 and 10 of section 14-114 of the election law,
15 subdivision 1 as amended and subdivision 10 as added by chapter 79 of
16 the laws of 1992 and paragraphs a and b of subdivision 1 as amended by
17 chapter 659 of the laws of 1994, are amended to read as follows:
18 1. The following limitations apply to all contributions to candidates
19 for election to any public office or for nomination for any such office,
20 or for election to any party positions, and to all contributions to
21 political committees working directly or indirectly with any candidate
22 to aid or participate in such candidate's nomination or election, other
23 than any contributions to any party committee or constituted committee:
24 a. In any election for a public office to be voted on by the voters of
25 the entire state, or for nomination to any such office, no contributor
26 may make a contribution to any candidate or political committee PARTIC-
27 IPATING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM AS DEFINED IN
28 TITLE TWO OF THIS ARTICLE, and no SUCH candidate or political committee
29 may accept any contribution from any contributor, which is in the aggre-
30 gate amount greater than: (i) in the case of any nomination to public
31 office, the product of the total number of enrolled voters in the candi-
32 date's party in the state, excluding voters in inactive status, multi-
33 plied by $.005, but such amount shall be not [less than four thousand
34 dollars nor] more than [twelve] SIX thousand dollars [as increased or
35 decreased by the cost of living adjustment described in paragraph c of
36 this subdivision,] and (ii) in the case of any election to [a] SUCH
37 public office, [twenty-five] SIX thousand dollars [as increased or
38 decreased by the cost of living adjustment described in paragraph c of
39 this subdivision]; provided however, that the maximum amount which may
40 be so contributed or accepted, in the aggregate, from any candidate's
41 child, parent, grandparent, brother and sister, and the spouse of any
42 such persons, shall not exceed in the case of any nomination to public
43 office an amount equivalent to the product of the number of enrolled
44 voters in the candidate's party in the state, excluding voters in inac-
45 tive status, multiplied by $.025, and in the case of any election for a
46 public office, an amount equivalent to the product of the number of
47 registered voters in the state excluding voters in inactive status,
48 multiplied by $.025.
49 b. In any other election for party position or for election to a
50 public office or for nomination for any such office, no contributor may
51 make a contribution to any candidate or political committee PARTICIPAT-
52 ING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM DEFINED IN TITLE TWO
53 OF THIS ARTICLE (FOR THOSE OFFICES OR POSITIONS COVERED BY THAT SYSTEM)
54 and no SUCH candidate or political committee may accept any contribution
55 from any contributor, which is in the aggregate amount greater than: (i)
56 in the case of any election for party position, or for nomination to
S. 6355 39 A. 8555
1 public office, the product of the total number of enrolled voters in the
2 candidate's party in the district in which he is a candidate, excluding
3 voters in inactive status, multiplied by $.05, and (ii) in the case of
4 any election for a public office, the product of the total number of
5 registered voters in the district, excluding voters in inactive status,
6 multiplied by $.05, however in the case of a nomination within the city
7 of New York for the office of mayor, public advocate or comptroller,
8 such amount shall be not less than four thousand dollars nor more than
9 twelve thousand dollars as increased or decreased by the cost of living
10 adjustment described in paragraph [c] E of this subdivision; in the case
11 of an election within the city of New York for the office of mayor,
12 public advocate or comptroller, twenty-five thousand dollars as
13 increased or decreased by the cost of living adjustment described in
14 paragraph [c] E of this subdivision; in the case of a nomination OR
15 ELECTION for state senator, four thousand dollars [as increased or
16 decreased by the cost of living adjustment described in paragraph c of
17 this subdivision; in the case of an election for state senator, six
18 thousand two hundred fifty dollars as increased or decreased by the cost
19 of living adjustment described in paragraph c of this subdivision]; in
20 the case of an election or nomination for a member of the assembly,
21 [twenty-five hundred] TWO THOUSAND dollars [as increased or decreased by
22 the cost of living adjustment described in paragraph c of this subdivi-
23 sion; but in no event shall any such maximum exceed fifty thousand
24 dollars or be less than one thousand dollars]; provided however, that
25 the maximum amount which may be so contributed or accepted, in the
26 aggregate, from any candidate's child, parent, grandparent, brother and
27 sister, and the spouse of any such persons, shall not exceed in the case
28 of any election for party position or nomination for public office an
29 amount equivalent to the number of enrolled voters in the candidate's
30 party in the district in which he is a candidate, excluding voters in
31 inactive status, multiplied by $.25 and in the case of any election to
32 public office, an amount equivalent to the number of registered voters
33 in the district, excluding voters in inactive status, multiplied by
34 $.25; or twelve hundred fifty dollars, whichever is greater, or in the
35 case of a nomination or election of a state senator, twenty thousand
36 dollars, whichever is greater, or in the case of a nomination or
37 election of a member of the assembly twelve thousand five hundred
38 dollars, whichever is greater, but in no event shall any such maximum
39 exceed one hundred thousand dollars.
40 C. IN ANY ELECTION FOR A PUBLIC OFFICE TO BE VOTED ON BY THE VOTERS
41 OF THE ENTIRE STATE, OR FOR NOMINATION TO ANY SUCH OFFICE, NO CONTRIBU-
42 TOR MAY MAKE A CONTRIBUTION TO ANY CANDIDATE OR POLITICAL COMMITTEE IN
43 CONNECTION WITH A CANDIDATE WHO IS NOT A PARTICIPATING CANDIDATE AS
44 DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE, AND
45 NO SUCH CANDIDATE OR POLITICAL COMMITTEE MAY ACCEPT ANY CONTRIBUTION
46 FROM ANY CONTRIBUTOR, WHICH IS IN THE AGGREGATE AMOUNT GREATER THAN:
47 (I) IN THE CASE OF ANY NOMINATION TO PUBLIC OFFICE, THE PRODUCT OF THE
48 TOTAL NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN THE STATE,
49 EXCLUDING VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.005, BUT SUCH
50 AMOUNT SHALL BE NOT LESS THAN FOUR THOUSAND DOLLARS NOR MORE THAN TEN
51 THOUSAND DOLLARS, AND (II) IN THE CASE OF ANY ELECTION TO A PUBLIC
52 OFFICE, FIFTEEN THOUSAND DOLLARS; PROVIDED HOWEVER, THAT THE MAXIMUM
53 AMOUNT WHICH MAY BE SO CONTRIBUTED OR ACCEPTED, IN THE AGGREGATE, FROM
54 ANY CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER AND SISTER, AND THE
55 SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED IN THE CASE OF ANY NOMI-
56 NATION TO PUBLIC OFFICE AN AMOUNT EQUIVALENT TO THE PRODUCT OF THE
S. 6355 40 A. 8555
1 NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN THE STATE, EXCLUD-
2 ING VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.025, AND IN THE CASE OF
3 ANY ELECTION FOR A PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE PRODUCT OF
4 THE NUMBER OF REGISTERED VOTERS IN THE STATE EXCLUDING VOTERS IN INAC-
5 TIVE STATUS, MULTIPLIED BY $.025.
6 D. IN ANY OTHER ELECTION FOR PARTY POSITION OR FOR ELECTION TO A
7 PUBLIC OFFICE OR FOR NOMINATION FOR ANY SUCH OFFICE, NO CONTRIBUTOR MAY
8 MAKE A CONTRIBUTION TO ANY CANDIDATE OR POLITICAL COMMITTEE IN
9 CONNECTION WITH A CANDIDATE WHO IS NOT A PARTICIPATING CANDIDATE AS
10 DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE AND
11 NO SUCH CANDIDATE OR POLITICAL COMMITTEE MAY ACCEPT ANY CONTRIBUTION
12 FROM ANY CONTRIBUTOR, WHICH IS IN THE AGGREGATE AMOUNT GREATER THAN: (I)
13 IN THE CASE OF ANY ELECTION FOR PARTY POSITION, OR FOR NOMINATION TO
14 PUBLIC OFFICE, THE PRODUCT OF THE TOTAL NUMBER OF ENROLLED VOTERS IN THE
15 CANDIDATE'S PARTY IN THE DISTRICT IN WHICH HE IS A CANDIDATE, EXCLUDING
16 VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.05, AND (II) IN THE CASE OF
17 ANY ELECTION FOR A PUBLIC OFFICE, THE PRODUCT OF THE TOTAL NUMBER OF
18 REGISTERED VOTERS IN THE DISTRICT, EXCLUDING VOTERS IN INACTIVE STATUS,
19 MULTIPLIED BY $.05, HOWEVER IN THE CASE OF A NOMINATION WITHIN THE CITY
20 OF NEW YORK FOR THE OFFICE OF MAYOR, PUBLIC ADVOCATE OR COMPTROLLER,
21 SUCH AMOUNT SHALL BE NOT LESS THAN FOUR THOUSAND DOLLARS NOR MORE THAN
22 TWELVE THOUSAND DOLLARS AS INCREASED OR DECREASED BY THE COST OF LIVING
23 ADJUSTMENT DESCRIBED IN PARAGRAPH E OF THIS SUBDIVISION; IN THE CASE OF
24 AN ELECTION WITHIN THE CITY OF NEW YORK FOR THE OFFICE OF MAYOR, PUBLIC
25 ADVOCATE OR COMPTROLLER, TWENTY-FIVE THOUSAND DOLLARS AS INCREASED OR
26 DECREASED BY THE COST OF LIVING ADJUSTMENT DESCRIBED IN PARAGRAPH E OF
27 THIS SUBDIVISION; IN THE CASE OF A NOMINATION OR ELECTION FOR STATE
28 SENATOR, FIVE THOUSAND DOLLARS; IN THE CASE OF AN ELECTION OR NOMINATION
29 FOR A MEMBER OF THE ASSEMBLY, THREE THOUSAND DOLLARS; PROVIDED HOWEVER,
30 THAT THE MAXIMUM AMOUNT WHICH MAY BE SO CONTRIBUTED OR ACCEPTED, IN THE
31 AGGREGATE, FROM ANY CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER AND
32 SISTER, AND THE SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED IN THE CASE
33 OF ANY ELECTION FOR PARTY POSITION OR NOMINATION FOR PUBLIC OFFICE AN
34 AMOUNT EQUIVALENT TO THE NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S
35 PARTY IN THE DISTRICT IN WHICH HE IS A CANDIDATE, EXCLUDING VOTERS IN
36 INACTIVE STATUS, MULTIPLIED BY $.25 AND IN THE CASE OF ANY ELECTION TO
37 PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE NUMBER OF REGISTERED VOTERS
38 IN THE DISTRICT, EXCLUDING VOTERS IN INACTIVE STATUS, MULTIPLIED BY
39 $.25; OR TWELVE HUNDRED FIFTY DOLLARS, WHICHEVER IS GREATER, OR IN THE
40 CASE OF A NOMINATION OR ELECTION OF A STATE SENATOR, TWENTY THOUSAND
41 DOLLARS, WHICHEVER IS GREATER, OR IN THE CASE OF A NOMINATION OR
42 ELECTION OF A MEMBER OF THE ASSEMBLY TWELVE THOUSAND FIVE HUNDRED
43 DOLLARS, WHICHEVER IS GREATER, BUT IN NO EVENT SHALL ANY SUCH MAXIMUM
44 EXCEED ONE HUNDRED THOUSAND DOLLARS.
45 E. At the beginning of each fourth calendar year, commencing in [nine-
46 teen hundred ninety-five] TWO THOUSAND TWENTY-ONE, the state board shall
47 determine the percentage of the difference between the most recent
48 available monthly consumer price index for all urban consumers published
49 by the United States bureau of labor statistics and such consumer price
50 index published for the same month four years previously. The amount of
51 each contribution limit fixed AND EXPRESSLY IDENTIFIED FOR ADJUSTMENT in
52 this subdivision shall be adjusted by the amount of such percentage
53 difference to the closest one hundred dollars by the state board which,
54 not later than the first day of February in each such year, shall issue
55 a regulation publishing the amount of each such contribution limit. Each
S. 6355 41 A. 8555
1 contribution limit as so adjusted shall be the contribution limit in
2 effect for any election held before the next such adjustment.
3 F. EACH PARTY OR CONSTITUTED COMMITTEE MAY TRANSFER TO, OR SPEND TO
4 ELECT OR OPPOSE A CANDIDATE, OR TRANSFER TO ANOTHER PARTY OR CONSTITUTED
5 COMMITTEE, NO MORE THAN FIVE THOUSAND DOLLARS PER ELECTION, EXCEPT THAT
6 SUCH COMMITTEE MAY IN ADDITION TO SUCH TRANSFERS OR EXPENDITURES:
7 (I) IN A GENERAL OR SPECIAL ELECTION TRANSFER TO, OR SPEND TO ELECT OR
8 OPPOSE A CANDIDATE, NO MORE THAN FIVE HUNDRED DOLLARS RECEIVED FROM EACH
9 CONTRIBUTOR; AND
10 (II) IN ANY ELECTION SPEND WITHOUT LIMITATION FOR NON-CANDIDATE
11 EXPENDITURES NOT DESIGNED OR INTENDED TO ELECT A PARTICULAR CANDIDATE OR
12 CANDIDATES.
13 G. NOTWITHSTANDING ANY OTHER CONTRIBUTION LIMIT IN THIS SECTION,
14 PARTICIPATING CANDIDATES AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION
15 14-200-A OF THIS ARTICLE MAY CONTRIBUTE, OUT OF THEIR OWN MONEY, THREE
16 TIMES THE APPLICABLE CONTRIBUTION LIMIT TO THEIR OWN AUTHORIZED COMMIT-
17 TEE.
18 10. [a.] No contributor may make a contribution to a party or consti-
19 tuted committee and no such committee may accept a contribution from any
20 contributor which, in the aggregate, is greater than [sixty-two thousand
21 five hundred] TWENTY-FIVE THOUSAND dollars per annum.
22 [b. At the beginning of each fourth calendar year, commencing in nine-
23 teen hundred ninety-five, the state board shall determine the percentage
24 of the difference between the most recent available monthly consumer
25 price index for all urban consumers published by the United States
26 bureau of labor statistics and such consumer price index published for
27 the same month four years previously. The amount of such contribution
28 limit fixed in paragraph a of this subdivision shall be adjusted by the
29 amount of such percentage difference to the closest one hundred dollars
30 by the state board which, not later than the first day of February in
31 each such year, shall issue a regulation publishing the amount of such
32 contribution limit. Such contribution limit as so adjusted shall be the
33 contribution limit in effect for any election held before the next such
34 adjustment.]
35 S 5. Section 14-116 of the election law, subdivision 1 as redesignated
36 by chapter 9 of the laws of 1978 and subdivision 2 as amended by chapter
37 260 of the laws of 1981, is amended to read as follows:
38 S 14-116. Political contributions by certain organizations. 1. No
39 corporation, LIMITED LIABILITY COMPANY, or joint-stock association doing
40 business in this state, except a corporation or association organized or
41 maintained for political purposes only, shall directly or indirectly pay
42 or use or offer, consent or agree to pay or use any money or property
43 for or in aid of any political party, committee or organization, or for,
44 or in aid of, any corporation, LIMITED LIABILITY COMPANY, joint-stock or
45 other association organized or maintained for political purposes, or
46 for, or in aid of, any candidate for political office or for nomination
47 for such office, or for any political purpose whatever, or for the
48 reimbursement or indemnification of any person for moneys or property so
49 used. Any officer, director, stock-holder, attorney or agent of any
50 corporation, LIMITED LIABILITY COMPANY, or joint-stock association which
51 violates any of the provisions of this section, who participates in,
52 aids, abets or advises or consents to any such violations, and any
53 person who solicits or knowingly receives any money or property in
54 violation of this section, shall be guilty of a misdemeanor.
55 2. Notwithstanding the provisions of subdivision one of this section,
56 any corporation or an organization financially supported in whole or in
S. 6355 42 A. 8555
1 part, by such corporation may make expenditures, including contrib-
2 utions, not otherwise prohibited by law, for political purposes, in an
3 amount not to exceed [five] ONE thousand dollars in the aggregate in any
4 calendar year; provided that no public utility shall use revenues
5 received from the rendition of public service within the state for
6 contributions for political purposes unless such cost is charged to the
7 shareholders of such a public service corporation.
8 S 6. Section 14-130 of the election law, as added by chapter 152 of
9 the laws of 1985, is amended to read as follows:
10 S 14-130. Campaign funds for personal use. 1. Contributions received
11 by a candidate or a political committee may be expended for any lawful
12 purpose THAT IS DIRECTLY RELATED TO PROMOTING THE NOMINATION OR ELECTION
13 OF A CANDIDATE OR THE EXECUTION OF DUTIES ASSOCIATED WITH THE HOLDING OF
14 A PUBLIC OFFICE OR PARTY POSITION. Such funds shall not be converted by
15 any person to a personal use [which is unrelated to a political campaign
16 or the holding of a public office or party position].
17 2. NO CONTRIBUTION SHALL BE USED TO PAY INTEREST OR ANY OTHER FINANCE
18 CHARGES UPON MONIES LOANED TO THE CAMPAIGN BY SUCH CANDIDATE OR THE
19 SPOUSE OF SUCH CANDIDATE.
20 3. (A) AS USED IN THIS SECTION, EXPENDITURES FOR "PERSONAL USE" ARE
21 DEFINED AS EXPENDITURES THAT ARE EXCLUSIVELY FOR THE PERSONAL BENEFIT OF
22 THE CANDIDATE OR ANY OTHER INDIVIDUAL, AND ARE USED TO FULFILL ANY
23 COMMITMENT, OBLIGATION, OR EXPENSE OF A PERSON THAT WOULD EXIST IRRE-
24 SPECTIVE OF THE CANDIDATE'S ELECTION CAMPAIGN OR THE EXECUTION OF THE
25 DUTIES OF PUBLIC OFFICE OR THE EXECUTION OF THE DUTIES OF A PARTY OFFI-
26 CIAL.
27 (B) EXPENDITURES FOR PERSONAL USE SHALL INCLUDE, BUT ARE NOT LIMITED
28 TO, EXPENSES FOR THE FOLLOWING:
29 (I) ANY RESIDENTIAL OR HOUSEHOLD ITEMS, SUPPLIES OR EXPENDITURES,
30 INCLUDING MORTGAGE, RENT OR UTILITY PAYMENTS FOR ANY PART OF ANY
31 PERSONAL RESIDENCE OF A CANDIDATE OR OFFICEHOLDER OR A MEMBER OF THE
32 CANDIDATE'S OR OFFICEHOLDER'S FAMILY THAT ARE NOT INCURRED AS A RESULT
33 OF, OR TO FACILITATE, THE INDIVIDUAL'S CAMPAIGN, OR THE EXECUTION OF HIS
34 OR HER PUBLIC DUTIES. IN THE EVENT THAT ANY PROPERTY OR BUILDING IS USED
35 FOR BOTH PERSONAL AND CAMPAIGN USE, PERSONAL USE SHALL CONSTITUTE
36 EXPENSES THAT EXCEED THE PRO-RATED AMOUNT FOR SUCH EXPENSES BASED ON
37 FAIR-MARKET VALUE.
38 (II) MORTGAGE, RENT, OR UTILITY PAYMENTS FOR ANY PART OF ANY NON-
39 RESIDENTIAL PROPERTY THAT IS OWNED BY A CANDIDATE OR OFFICEHOLDER OR A
40 MEMBER OF A CANDIDATE'S OR OFFICEHOLDER'S FAMILY AND USED FOR CAMPAIGN
41 PURPOSES, TO THE EXTENT THE PAYMENTS EXCEED THE FAIR MARKET VALUE OF THE
42 PROPERTY'S USAGE FOR CAMPAIGN ACTIVITIES;
43 (III) CLOTHING, OTHER THAN ITEMS THAT ARE USED IN THE CAMPAIGN;
44 (IV) TUITION PAYMENTS;
45 (V) CHILDCARE COSTS;
46 (VI) DUES, FEES, OR GRATUITIES AT A COUNTRY CLUB, HEALTH CLUB, RECRE-
47 ATIONAL FACILITY OR OTHER NONPOLITICAL ORGANIZATION, UNLESS THEY ARE
48 PART OF A SPECIFIC FUNDRAISING EVENT THAT TAKES PLACE ON THE ORGANIZA-
49 TION'S PREMISES;
50 (VII) SALARY PAYMENTS OR OTHER COMPENSATION PROVIDED TO ANY PERSON
51 WHOSE SERVICES ARE NOT SOLELY FOR CAMPAIGN PURPOSES OR PROVIDED IN
52 CONNECTION WITH THE EXECUTION OF THE DUTIES OF PUBLIC OFFICE;
53 (VIII) SALARY PAYMENTS OR OTHER COMPENSATION PROVIDED TO A MEMBER OF A
54 CANDIDATE'S FAMILY, UNLESS THE FAMILY MEMBER IS PROVIDING BONA FIDE
55 SERVICES TO THE CAMPAIGN. IF A FAMILY MEMBER PROVIDES BONA FIDE SERVICES
56 TO A CAMPAIGN, ANY SALARY PAYMENTS OR OTHER COMPENSATION IN EXCESS OF
S. 6355 43 A. 8555
1 THE FAIR MARKET VALUE OF THE SERVICES PROVIDED SHALL BE CONSIDERED
2 PAYMENTS FOR PERSONAL USE;
3 (IX) ADMISSION TO A SPORTING EVENT, CONCERT, THEATER, OR OTHER FORM OF
4 ENTERTAINMENT, UNLESS SUCH EVENT IS PART OF A CAMPAIGN OR OFFICEHOLDER
5 ACTIVITY;
6 (X) PAYMENT OF ANY FINES OR PENALTIES ASSESSED PURSUANT TO THIS CHAP-
7 TER OR IN CONNECTION WITH A CRIMINAL CONVICTION OR BY THE JOINT COMMIS-
8 SION FOR PUBLIC ETHICS OR THE LEGISLATIVE ETHICS COMMISSION;
9 (XI) TRAVEL EXPENSES INCLUDING AUTOMOBILE PURCHASES OR LEASES, UNLESS
10 USED SOLELY FOR CAMPAIGN PURPOSES OR IN CONNECTION WITH THE EXECUTION OF
11 THE DUTIES OF PUBLIC OFFICE. IF A CANDIDATE USES CAMPAIGN FUNDS TO PAY
12 EXPENSES ASSOCIATED WITH TRAVEL THAT INVOLVES BOTH PERSONAL ACTIVITIES
13 AND CAMPAIGN ACTIVITIES OR OFFICIAL DUTIES, THE INCREMENTAL EXPENSES
14 THAT RESULT FROM THE PERSONAL ACTIVITIES SHALL BE CONSIDERED FOR
15 PERSONAL USE UNLESS THE PERSON OR PERSONS BENEFITING FROM THE USE REIM-
16 BURSE OR REIMBURSES THE CAMPAIGN ACCOUNT WITHIN NINETY DAYS FOR THE FULL
17 AMOUNT OF THE INCREMENTAL EXPENSES; AND
18 (XII) ANY OTHER EXPENDITURE DESIGNATED BY THE STATE BOARD OF ELECTIONS
19 AS CONSTITUTING PERSONAL USE.
20 4. NOTHING IN THIS SECTION SHALL PROHIBIT A CANDIDATE FROM PURCHASING
21 EQUIPMENT OR PROPERTY FROM HIS OR HER PERSONAL FUNDS AND LEASING OR
22 RENTING SUCH EQUIPMENT OR PROPERTY TO A COMMITTEE WORKING DIRECTLY OR
23 INDIRECTLY WITH HIM TO AID OR PARTICIPATE IN HIS OR HER NOMINATION OR
24 ELECTION, INCLUDING AN EXPLORATORY COMMITTEE, PROVIDED THAT THE CANDI-
25 DATE AND HIS OR HER CAMPAIGN TREASURER SIGN A WRITTEN LEASE OR RENTAL
26 AGREEMENT. SUCH AGREEMENT SHALL INCLUDE THE LEASE OR RENTAL PRICE, WHICH
27 SHALL NOT EXCEED THE FAIR LEASE OR RENTAL VALUE OF THE EQUIPMENT. THE
28 CANDIDATE SHALL NOT RECEIVE LEASE OR RENTAL PAYMENTS WHICH, IN THE
29 AGGREGATE, EXCEED THE COST OF PURCHASING THE EQUIPMENT OR PROPERTY.
30 5. NOTHING IN THIS SECTION SHALL PROHIBIT AN ELECTED PUBLIC OFFICE-
31 HOLDER FROM USING CAMPAIGN CONTRIBUTIONS TO FACILITATE, SUPPORT, OR
32 OTHERWISE ASSIST IN THE EXECUTION OR PERFORMANCE OF THE DUTIES OF HIS OR
33 HER PUBLIC OFFICE.
34 6. THE STATE BOARD OF ELECTIONS SHALL ISSUE ADVISORY OPINIONS FROM
35 TIME TO TIME UPON REQUEST TO ADDRESS THE APPLICATION OF THIS SECTION.
36 S 7. Article 14 of the election law is amended by adding a new title
37 II to read as follows:
38 TITLE II
39 PUBLIC FINANCING
40 SECTION 14-200. LEGISLATIVE FINDINGS AND INTENT.
41 14-200-A. DEFINITIONS.
42 14-201. REPORTING REQUIREMENTS.
43 14-202. CONTRIBUTIONS.
44 14-203. PROOF OF COMPLIANCE.
45 14-204. ELIGIBILITY.
46 14-205. LIMITS ON PUBLIC FINANCING.
47 14-206. PAYMENT OF PUBLIC MATCHING FUNDS.
48 14-207. USE OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN
49 EXPENDITURES.
50 14-208. POWERS AND DUTIES OF BOARD.
51 14-209. AUDITS AND REPAYMENTS.
52 14-210. ENFORCEMENT AND PENALTIES FOR VIOLATIONS AND OTHER
53 PROCEEDINGS.
54 14-211. REPORTS.
55 14-212. DEBATES FOR CANDIDATES FOR STATEWIDE OFFICE.
56 14-213. SEVERABILITY.
S. 6355 44 A. 8555
1 S 14-200. LEGISLATIVE FINDINGS AND INTENT. THE LEGISLATURE FINDS THAT
2 REFORM OF NEW YORK STATE'S CAMPAIGN FINANCE SYSTEM IS CRUCIAL TO IMPROV-
3 ING PUBLIC CONFIDENCE IN THE STATE'S DEMOCRATIC PROCESSES AND CONTINUING
4 TO ENSURE A GOVERNMENT THAT IS ACCOUNTABLE TO ALL OF THE VOTERS OF THE
5 STATE REGARDLESS OF WEALTH OR POSITION. THE LEGISLATURE FINDS THAT NEW
6 YORK'S CURRENT SYSTEM OF CAMPAIGN FINANCE, WITH ITS LARGE CONTRIBUTIONS
7 TO CANDIDATES FOR OFFICE AND PARTY COMMITTEES, HAS CREATED THE POTENTIAL
8 FOR AND THE APPEARANCE OF CORRUPTION. THE LEGISLATURE FURTHER FINDS
9 THAT, WHETHER OR NOT THIS SYSTEM CREATES ACTUAL CORRUPTION, THE APPEAR-
10 ANCE OF SUCH CORRUPTION CAN GIVE RISE TO A DISTRUST IN GOVERNMENT AND
11 CITIZEN APATHY THAT UNDERMINE THE DEMOCRATIC OPERATION OF THE POLITICAL
12 PROCESS.
13 THE LEGISLATURE ALSO FINDS THAT THE HIGH COST OF RUNNING FOR OFFICE IN
14 NEW YORK DISCOURAGES QUALIFIED CANDIDATES FROM RUNNING FOR OFFICE AND
15 CREATES AN ELECTORAL SYSTEM THAT ENCOURAGES CANDIDATES TO SPEND TOO MUCH
16 TIME RAISING MONEY RATHER THAN ATTENDING TO THE DUTIES OF THEIR OFFICE,
17 REPRESENTING THE NEEDS OF THEIR CONSTITUENTS, AND COMMUNICATING WITH
18 VOTERS.
19 THE LEGISLATURE AMENDS THIS CHAPTER CREATING A NEW TITLE TWO TO ARTI-
20 CLE FOURTEEN OF THIS CHAPTER TO REDUCE THE POSSIBILITY AND APPEARANCE
21 THAT SPECIAL INTERESTS EXERCISE UNDUE INFLUENCE OVER STATE OFFICIALS; TO
22 INCREASE THE ACTUAL AND APPARENT RESPONSIVENESS OF ELECTED OFFICIALS TO
23 ALL VOTERS; TO ENCOURAGE QUALIFIED CANDIDATES TO RUN FOR OFFICE; AND TO
24 REDUCE THE PRESSURE ON CANDIDATES TO SPEND LARGE AMOUNTS OF TIME RAISING
25 LARGE CONTRIBUTIONS FOR THEIR CAMPAIGNS.
26 THE LEGISLATURE FINDS THAT THIS ARTICLE'S LIMITATIONS ON CONTRIBUTIONS
27 FURTHER THE GOVERNMENT'S INTEREST IN REDUCING REAL AND APPARENT
28 CORRUPTION AND IN BUILDING TRUST IN GOVERNMENT. THE LEGISLATURE FINDS
29 THAT THE CONTRIBUTION LEVELS ARE SUFFICIENTLY HIGH TO ALLOW CANDIDATES
30 AND POLITICAL PARTIES TO RAISE ENOUGH MONEY TO RUN EFFECTIVE CAMPAIGNS.
31 IN ADDITION, THE LEGISLATURE FINDS THAT GRADUATED CONTRIBUTION LIMITA-
32 TIONS REFLECT THE CAMPAIGN NEEDS OF CANDIDATES FOR DIFFERENT OFFICES.
33 THE LEGISLATURE ALSO FINDS THAT THE SYSTEM OF VOLUNTARY PUBLIC FINANC-
34 ING FURTHERS THE GOVERNMENT'S INTEREST IN ENCOURAGING QUALIFIED CANDI-
35 DATES TO RUN FOR OFFICE. THE LEGISLATURE FINDS THAT THE VOLUNTARY PUBLIC
36 FUNDING PROGRAM WILL ENLARGE THE PUBLIC DEBATE AND INCREASE PARTIC-
37 IPATION IN THE DEMOCRATIC PROCESS. IN ADDITION, THE LEGISLATURE FINDS
38 THAT THE VOLUNTARY EXPENDITURE LIMITATIONS AND MATCHING FUND PROGRAM
39 REDUCE THE BURDEN ON CANDIDATES AND OFFICEHOLDERS TO SPEND TIME RAISING
40 MONEY FOR THEIR CAMPAIGNS.
41 THEREFORE, THE LEGISLATURE DECLARES THAT THESE AMENDMENTS FURTHER THE
42 IMPORTANT AND VALID GOVERNMENT INTERESTS OF REDUCING VOTER APATHY,
43 BUILDING CONFIDENCE IN GOVERNMENT, REDUCING THE REALITY AND APPEARANCE
44 OF CORRUPTION, AND ENCOURAGING QUALIFIED CANDIDATES TO RUN FOR OFFICE,
45 WHILE REDUCING CANDIDATES' AND OFFICEHOLDERS' FUNDRAISING BURDENS.
46 S 14-200-A. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE, THE FOLLOW-
47 ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
48 1. THE TERM "AUTHORIZED COMMITTEE" SHALL MEAN THE SINGLE COMMITTEE
49 DESIGNATED BY A CANDIDATE PURSUANT TO SECTION 14-201 OF THIS TITLE TO
50 RECEIVE CONTRIBUTIONS AND MAKE EXPENDITURES IN SUPPORT OF THE CANDI-
51 DATE'S CAMPAIGN.
52 2. THE TERM "BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
53 3. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS APPEARS IN
54 SUBDIVISION NINE OF SECTION 14-100 OF THIS ARTICLE.
55 4. THE TERM "CONTRIBUTOR" SHALL MEAN ANY PERSON OR ENTITY THAT MAKES A
56 CONTRIBUTION.
S. 6355 45 A. 8555
1 5. THE TERM "COVERED ELECTION" SHALL MEAN ANY PRIMARY, GENERAL, OR
2 SPECIAL ELECTION FOR NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE
3 OF GOVERNOR, LIEUTENANT GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER,
4 STATE SENATOR, OR MEMBER OF THE ASSEMBLY.
5 6. THE TERM "ELECTION CYCLE" SHALL MEAN THE TWO YEAR PERIOD STARTING
6 THE DAY AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR THE STATE
7 LEGISLATURE AND SHALL MEAN THE FOUR YEAR PERIOD STARTING AFTER THE DAY
8 AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR STATEWIDE OFFICE.
9 7. THE TERM "EXPENDITURE" SHALL MEAN ANY GIFT, SUBSCRIPTION, ADVANCE,
10 PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF VALUE, OR A CONTRACT TO MAKE
11 ANY GIFT, SUBSCRIPTION, PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF
12 VALUE, MADE IN CONNECTION WITH THE NOMINATION FOR ELECTION, OR ELECTION,
13 OF ANY CANDIDATE. EXPENDITURES MADE BY CONTRACT ARE DEEMED MADE WHEN
14 SUCH FUNDS ARE OBLIGATED.
15 8. THE TERM "FUND" SHALL MEAN THE NEW YORK STATE CAMPAIGN FINANCE
16 FUND.
17 9. THE TERM "IMMEDIATE FAMILY" SHALL MEAN A SPOUSE, CHILD, SIBLING OR
18 PARENT.
19 10. THE TERM "INTERMEDIARY" SHALL MEAN AN INDIVIDUAL, CORPORATION,
20 PARTNERSHIP, POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER ENTITY
21 WHICH BUNDLES, CAUSES TO BE DELIVERED OR OTHERWISE DELIVERS ANY CONTRIB-
22 UTION FROM ANOTHER PERSON OR ENTITY TO A CANDIDATE OR AUTHORIZED COMMIT-
23 TEE, OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY
24 OR MESSENGER SERVICE. PROVIDED, HOWEVER, THAT AN "INTERMEDIARY" SHALL
25 NOT INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS, CHILDREN OR SIBLINGS OF
26 THE PERSON MAKING SUCH CONTRIBUTION OR A STAFF MEMBER OR VOLUNTEER OF
27 THE CAMPAIGN IDENTIFIED IN WRITING TO THE STATE BOARD OF ELECTIONS. HERE
28 "CAUSES TO BE DELIVERED" SHALL INCLUDE PROVIDING POSTAGE, ENVELOPES OR
29 OTHER SHIPPING MATERIALS FOR THE USE OF DELIVERING THE CONTRIBUTION TO
30 THE ULTIMATE RECIPIENT.
31 11. THE TERM "ITEM WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE"
32 SHALL MEAN ANY ITEM, INCLUDING TICKETS TO AN EVENT, THAT ARE VALUED AT
33 TWENTY-FIVE DOLLARS OR MORE.
34 12. (A) THE TERM "MATCHABLE CONTRIBUTION" SHALL MEAN A CONTRIBUTION,
35 CONTRIBUTIONS OR A PORTION OF A CONTRIBUTION OR CONTRIBUTIONS FOR ANY
36 COVERED ELECTIONS HELD IN THE SAME ELECTION CYCLE, MADE BY A NATURAL
37 PERSON WHO IS A UNITED STATES CITIZEN AND RESIDENT IN THE STATE OF NEW
38 YORK TO A PARTICIPATING CANDIDATE, THAT HAS BEEN REPORTED IN FULL TO THE
39 BOARD IN ACCORDANCE WITH SECTIONS 14-102 AND 14-104 OF THIS ARTICLE BY
40 THE CANDIDATE'S AUTHORIZED COMMITTEE AND HAS BEEN CONTRIBUTED ON OR
41 BEFORE THE DAY OF THE APPLICABLE PRIMARY, GENERAL, RUNOFF OR SPECIAL
42 ELECTION. ANY CONTRIBUTION, CONTRIBUTIONS, OR A PORTION OF A CONTRIB-
43 UTION DETERMINED TO BE INVALID FOR MATCHING FUNDS BY THE BOARD MAY NOT
44 BE TREATED AS A MATCHABLE CONTRIBUTION FOR ANY PURPOSE.
45 (B) THE FOLLOWING CONTRIBUTIONS ARE NOT MATCHABLE:
46 (I) LOANS;
47 (II) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;
48 (III) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM
49 WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
50 (IV) TRANSFERS FROM A PARTY OR CONSTITUTED COMMITTEE;
51 (V) ANONYMOUS CONTRIBUTIONS OR CONTRIBUTIONS WHOSE SOURCE IS NOT ITEM-
52 IZED AS REQUIRED BY SECTION 14-201 OF THIS TITLE;
53 (VI) CONTRIBUTIONS GATHERED DURING A PREVIOUS ELECTION CYCLE;
54 (VII) ILLEGAL CONTRIBUTIONS;
55 (VIII) CONTRIBUTIONS FROM MINORS;
56 (IX) CONTRIBUTIONS FROM VENDORS FOR CAMPAIGNS; AND
S. 6355 46 A. 8555
1 (X) CONTRIBUTIONS FROM LOBBYISTS REGISTERED PURSUANT TO SUBDIVISION
2 (A) OF SECTION ONE-C OF THE LEGISLATIVE LAW.
3 13. THE TERM "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR A
4 COVERED ELECTION WHO FAILS TO FILE A WRITTEN CERTIFICATION IN THE FORM
5 OF AN AFFIDAVIT UNDER SECTION 14-204 OF THIS TITLE BY THE APPLICABLE
6 DEADLINE.
7 14. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN ANY CANDIDATE FOR
8 NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE OF GOVERNOR, LIEU-
9 TENANT GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER, STATE SENATOR, OR
10 MEMBER OF THE ASSEMBLY WHO FILES A WRITTEN CERTIFICATION IN THE FORM OF
11 AN AFFIDAVIT PURSUANT TO SECTION 14-204 OF THIS TITLE.
12 15. THE TERM "POST-ELECTION PERIOD" SHALL MEAN THE FIVE YEARS FOLLOW-
13 ING AN ELECTION WHEN A CANDIDATE IS SUBJECT TO AN AUDIT.
14 16. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDI-
15 TURE FOR WHICH PUBLIC MATCHING FUNDS MAY BE USED.
16 17. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF
17 MATCHABLE CONTRIBUTIONS THAT A CANDIDATE'S AUTHORIZED COMMITTEE MUST
18 RECEIVE IN TOTAL IN ORDER FOR SUCH CANDIDATE TO QUALIFY FOR VOLUNTARY
19 PUBLIC FINANCING UNDER THIS TITLE.
20 18. THE TERM "TRANSFER" SHALL MEAN ANY EXCHANGE OF FUNDS BETWEEN A
21 PARTY OR CONSTITUTED COMMITTEE AND A CANDIDATE OR ANY OF HIS OR HER
22 AUTHORIZED COMMITTEES.
23 S 14-201. REPORTING REQUIREMENTS. 1. POLITICAL COMMITTEE REGISTRA-
24 TION. POLITICAL COMMITTEES AS DEFINED PURSUANT TO SUBDIVISION ONE OF
25 SECTION 14-100 OF THIS ARTICLE SHALL REGISTER WITH THE BOARD BEFORE
26 MAKING ANY CONTRIBUTION OR EXPENDITURE. THE BOARD SHALL PUBLISH A CUMU-
27 LATIVE LIST OF POLITICAL COMMITTEES THAT HAVE REGISTERED, INCLUDING ON
28 ITS WEBPAGE, AND REGULARLY UPDATE IT.
29 2. ONLY ONE AUTHORIZED COMMITTEE PER CANDIDATE PER ELECTIVE OFFICE
30 SOUGHT. BEFORE RECEIVING ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR
31 A COVERED ELECTION, EACH CANDIDATE SHALL NOTIFY THE BOARD AS TO THE
32 EXISTENCE OF HIS OR HER AUTHORIZED COMMITTEE THAT HAS BEEN APPROVED BY
33 SUCH CANDIDATE. EACH CANDIDATE SHALL HAVE ONE AND ONLY ONE AUTHORIZED
34 COMMITTEE PER ELECTIVE OFFICE SOUGHT. EACH AUTHORIZED COMMITTEE SHALL
35 HAVE A TREASURER AND IS SUBJECT TO THE RESTRICTIONS FOUND IN SECTION
36 14-112 OF THIS ARTICLE.
37 3. DISCLOSURE REPORTS. (A) DETAILED REPORTING. IN ADDITION TO EACH
38 AUTHORIZED AND POLITICAL COMMITTEE REPORTING TO THE BOARD EVERY CONTRIB-
39 UTION AND LOAN RECEIVED AND EVERY EXPENDITURE MADE IN THE TIME AND
40 MANNER PRESCRIBED BY SECTIONS 14-102, 14-104 AND 14-108 OF THIS ARTICLE,
41 EACH AUTHORIZED AND POLITICAL COMMITTEE SHALL ALSO SUBMIT DISCLOSURE
42 REPORTS ON MARCH FIFTEENTH AND MAY FIFTEENTH OF EACH ELECTION YEAR
43 REPORTING TO THE BOARD EVERY CONTRIBUTION AND LOAN RECEIVED AND EVERY
44 EXPENDITURE MADE. FOR CONTRIBUTORS WHO MAKE CONTRIBUTIONS OF FIVE
45 HUNDRED DOLLARS OR MORE, EACH AUTHORIZED AND POLITICAL COMMITTEE SHALL
46 REPORT TO THE BOARD THE OCCUPATION, AND BUSINESS ADDRESS OF EACH
47 CONTRIBUTOR, LENDER, AND INTERMEDIARY. THE BOARD SHALL REVISE, PREPARE
48 AND POST FORMS ON ITS WEBPAGE THAT FACILITATE COMPLIANCE WITH THE
49 REQUIREMENTS OF THIS SECTION.
50 (B) BOARD REVIEW. THE BOARD'S PUBLIC FINANCING UNIT SHALL REVIEW EACH
51 DISCLOSURE REPORT FILED AND SHALL INFORM AUTHORIZED AND POLITICAL
52 COMMITTEES OF RELEVANT QUESTIONS THE UNIT HAS CONCERNING: (I) COMPLIANCE
53 WITH REQUIREMENTS OF THIS TITLE AND OF THE RULES ISSUED BY THE BOARD;
54 AND (II) QUALIFICATION FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO
55 THIS TITLE. IN THE COURSE OF THIS REVIEW, THE UNIT SHALL GIVE AUTHORIZED
56 AND POLITICAL COMMITTEES AN OPPORTUNITY TO RESPOND TO AND CORRECT POTEN-
S. 6355 47 A. 8555
1 TIAL VIOLATIONS AND GIVE CANDIDATES AN OPPORTUNITY TO ADDRESS QUESTIONS
2 THE UNIT HAS CONCERNING THEIR MATCHABLE CONTRIBUTION CLAIMS OR OTHER
3 ISSUES CONCERNING ELIGIBILITY FOR RECEIVING PUBLIC MATCHING FUNDS PURSU-
4 ANT TO THIS TITLE. NOTHING IN THIS PARAGRAPH SHALL PRECLUDE THE UNIT OR
5 THE BOARD FROM SUBSEQUENTLY REVIEWING SUCH DISCLOSURE REPORTS AND TAKING
6 ANY ACTION OTHERWISE AUTHORIZED UNDER THIS TITLE.
7 (C) ITEMIZATION. CONTRIBUTIONS THAT ARE NOT ITEMIZED IN REPORTS FILED
8 WITH THE BOARD SHALL NOT BE MATCHABLE.
9 (D) OPTION TO FILE MORE FREQUENTLY. PARTICIPATING CANDIDATES MAY FILE
10 REPORTS OF CONTRIBUTIONS AS FREQUENTLY AS ONCE A WEEK ON FRIDAYS SO THAT
11 THEIR MATCHING FUNDS MAY BE PAID AT THE EARLIEST ALLOWABLE DATE.
12 S 14-202. CONTRIBUTIONS. RECIPIENTS OF FUNDS PURSUANT TO THIS TITLE
13 SHALL BE SUBJECT TO THE APPLICABLE CONTRIBUTION LIMITS SET FORTH IN
14 SECTION 14-114 OF THIS ARTICLE.
15 S 14-203. PROOF OF COMPLIANCE. AUTHORIZED AND POLITICAL COMMITTEES
16 SHALL MAINTAIN SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR A COVERED
17 ELECTION AS REQUIRED BY THE BOARD. AUTHORIZED AND POLITICAL COMMITTEES
18 SHALL OBTAIN AND FURNISH TO THE PUBLIC FINANCING UNIT ANY INFORMATION IT
19 MAY REQUEST RELATING TO FINANCIAL TRANSACTIONS OR CONTRIBUTIONS AND
20 FURNISH SUCH DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS TITLE
21 AS MAY BE REQUESTED. IN COMPLIANCE WITH SECTION 14-108 OF THIS ARTICLE,
22 AUTHORIZED AND POLITICAL COMMITTEES SHALL MAINTAIN COPIES OF SUCH
23 RECORDS FOR A PERIOD OF FIVE YEARS.
24 S 14-204. ELIGIBILITY. 1. TERMS AND CONDITIONS. TO BE ELIGIBLE FOR
25 VOLUNTARY PUBLIC FINANCING UNDER THIS TITLE, A CANDIDATE MUST:
26 (A) BE A CANDIDATE IN A COVERED ELECTION;
27 (B) MEET ALL THE REQUIREMENTS OF LAW TO HAVE HIS OR HER NAME ON THE
28 BALLOT;
29 (C) IN THE CASE OF A COVERED GENERAL OR SPECIAL ELECTION, BE OPPOSED
30 BY ANOTHER CANDIDATE ON THE BALLOT WHO IS NOT A WRITE-IN CANDIDATE;
31 (D) SUBMIT A CERTIFICATION IN THE FORM OF AN AFFIDAVIT, IN SUCH FORM
32 AS MAY BE PRESCRIBED BY THE BOARD, THAT SETS FORTH HIS OR HER ACCEPTANCE
33 OF AND AGREEMENT TO COMPLY WITH THE TERMS AND CONDITIONS FOR THE
34 PROVISION OF SUCH FUNDS IN EACH COVERED ELECTION AND SUCH CERTIFICATION
35 SHALL BE SUBMITTED AT LEAST FOUR MONTHS BEFORE THE ELECTION PURSUANT TO
36 A SCHEDULE PROMULGATED BY THE PUBLIC FINANCING UNIT OF THE BOARD;
37 (E) BE CERTIFIED AS A PARTICIPATING CANDIDATE BY THE BOARD;
38 (F) NOT MAKE, AND NOT HAVE MADE, EXPENDITURES FROM OR USE HIS OR HER
39 PERSONAL FUNDS OR PROPERTY OR THE PERSONAL FUNDS OR PROPERTY JOINTLY
40 HELD WITH HIS OR HER SPOUSE, OR UNEMANCIPATED CHILDREN IN CONNECTION
41 WITH HIS OR HER NOMINATION ELECTION OR ELECTION TO A COVERED OFFICE
42 EXCEPT AS A CONTRIBUTION TO HIS OR HER AUTHORIZED COMMITTEE IN AN AMOUNT
43 THAT EXCEEDS THREE TIMES THE APPLICABLE CONTRIBUTION LIMIT FROM AN INDI-
44 VIDUAL CONTRIBUTOR TO CANDIDATES FOR THE OFFICE THAT HE OR SHE IS SEEK-
45 ING;
46 (G) MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION TWO OF
47 THIS SECTION; AND
48 (H) CONTINUE TO ABIDE BY ALL REQUIREMENTS DURING THE POST-ELECTION
49 PERIOD.
50 2. THRESHOLD FOR ELIGIBILITY. (A) THE THRESHOLD FOR ELIGIBILITY FOR
51 PUBLIC FUNDING FOR PARTICIPATING CANDIDATES SHALL BE IN THE CASE OF:
52 (I) GOVERNOR, NOT LESS THAN SIX HUNDRED FIFTY THOUSAND DOLLARS IN
53 MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST SIX THOUSAND FIVE HUNDRED
54 MATCHABLE CONTRIBUTIONS COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED
55 SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF NEW YORK STATE;
S. 6355 48 A. 8555
1 (II) LIEUTENANT GOVERNOR, ATTORNEY GENERAL, AND COMPTROLLER, NOT LESS
2 THAN TWO HUNDRED THOUSAND DOLLARS IN MATCHABLE CONTRIBUTIONS INCLUDING
3 AT LEAST TWO THOUSAND MATCHABLE CONTRIBUTIONS COMPRISED OF SUMS BETWEEN
4 TEN AND ONE HUNDRED SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS
5 OF NEW YORK STATE;
6 (III) STATE SENATOR, NOT LESS THAN TWENTY THOUSAND DOLLARS IN MATCHA-
7 BLE CONTRIBUTIONS INCLUDING AT LEAST TWO HUNDRED MATCHABLE CONTRIBUTIONS
8 COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE DOLLARS PER
9 CONTRIBUTOR, FROM RESIDENTS OF THE DISTRICT IN WHICH THE SEAT IS TO BE
10 FILLED; AND
11 (IV) MEMBER OF THE ASSEMBLY, NOT LESS THAN TEN THOUSAND DOLLARS IN
12 MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST ONE HUNDRED MATCHABLE
13 CONTRIBUTIONS COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE
14 DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF THE DISTRICT IN WHICH THE
15 SEAT IS TO BE FILLED.
16 (B) ANY PARTICIPATING CANDIDATE MEETING THE THRESHOLD FOR ELIGIBILITY
17 IN A PRIMARY ELECTION FOR ONE OF THE FOREGOING OFFICES SHALL BE DEEMED
18 TO HAVE MET THE THRESHOLD FOR ELIGIBILITY FOR SUCH OFFICE IN ANY OTHER
19 SUBSEQUENT ELECTION HELD IN THE SAME CALENDAR YEAR.
20 S 14-205. LIMITS ON PUBLIC FINANCING. THE FOLLOWING LIMITATIONS APPLY
21 TO THE TOTAL AMOUNTS OF PUBLIC FUNDS THAT MAY BE PROVIDED TO A PARTIC-
22 IPATING CANDIDATE'S AUTHORIZED COMMITTEE FOR AN ELECTION CYCLE:
23 1. IN ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS BY PARTICIPATING
24 CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
25 (I) FOR GOVERNOR, THE SUM OF EIGHT MILLION DOLLARS;
26 (II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
27 OF FOUR MILLION DOLLARS;
28 (III) FOR SENATOR, THE SUM OF THREE HUNDRED SEVENTY-FIVE THOUSAND
29 DOLLARS;
30 (IV) FOR MEMBER OF THE ASSEMBLY, THE SUM OF ONE HUNDRED SEVENTY-FIVE
31 THOUSAND DOLLARS.
32 2. IN ANY GENERAL OR SPECIAL ELECTION, RECEIPT OF PUBLIC FUNDS BY A
33 PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEES SHALL NOT EXCEED THE
34 FOLLOWING AMOUNTS:
35 CANDIDATES FOR ELECTION TO THE OFFICE OF:
36 GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED) $10,000,000
37 ATTORNEY GENERAL $4,000,000
38 COMPTROLLER $4,000,000
39 MEMBER OF SENATE $375,000
40 MEMBER OF ASSEMBLY $175,000
41 3. NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS NOT
42 OPPOSED BY A CANDIDATE ON THE BALLOT IN A PRIMARY ELECTION SHALL BE
43 ENTITLED TO PAYMENT OF PUBLIC MATCHING FUNDS, EXCEPT THAT, WHERE THERE
44 IS A CONTEST IN SUCH PRIMARY ELECTION FOR THE NOMINATION OF AT LEAST ONE
45 OF THE TWO POLITICAL PARTIES WITH THE HIGHEST AND SECOND HIGHEST NUMBER
46 OF ENROLLED MEMBERS FOR SUCH OFFICE, A PARTICIPATING CANDIDATE WHO IS
47 UNOPPOSED IN THE PRIMARY ELECTION MAY RECEIVE PUBLIC FUNDS BEFORE THE
48 PRIMARY ELECTION, FOR EXPENSES INCURRED ON OR BEFORE THE DATE OF SUCH
49 PRIMARY ELECTION, IN AN AMOUNT EQUAL TO UP TO HALF THE SUM SET FORTH IN
50 PARAGRAPH ONE OF THIS SECTION.
51 S 14-206. PAYMENT OF PUBLIC MATCHING FUNDS. 1. DETERMINATION OF ELIGI-
52 BILITY. NO PUBLIC MATCHING FUNDS SHALL BE PAID TO AN AUTHORIZED COMMIT-
53 TEE UNLESS THE PUBLIC FINANCING UNIT DETERMINES THAT THE PARTICIPATING
54 CANDIDATE HAS MET THE ELIGIBILITY REQUIREMENTS OF THIS TITLE. PAYMENT
55 SHALL NOT EXCEED THE AMOUNTS SPECIFIED IN SUBDIVISION TWO OF THIS
56 SECTION, AND SHALL BE MADE ONLY IN ACCORDANCE WITH THE PROVISIONS OF
S. 6355 49 A. 8555
1 THIS TITLE. SUCH PAYMENT MAY BE MADE ONLY TO THE PARTICIPATING CANDI-
2 DATE'S AUTHORIZED COMMITTEE. NO PUBLIC MATCHING FUNDS SHALL BE USED
3 EXCEPT AS REIMBURSEMENT OR PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES
4 ACTUALLY AND LAWFULLY INCURRED OR TO REPAY LOANS USED TO PAY QUALIFIED
5 CAMPAIGN EXPENDITURES.
6 2. CALCULATION OF PAYMENT. IF THE THRESHOLD FOR ELIGIBILITY IS MET,
7 THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE SHALL RECEIVE PAYMENT
8 FOR QUALIFIED CAMPAIGN EXPENDITURES OF SIX DOLLARS OF PUBLIC MATCHING
9 FUNDS FOR EACH ONE DOLLAR OF MATCHABLE CONTRIBUTIONS, FOR THE FIRST ONE
10 HUNDRED SEVENTY-FIVE DOLLARS OF ELIGIBLE PRIVATE FUNDS PER CONTRIBUTOR,
11 OBTAINED AND REPORTED TO THE BOARD IN ACCORDANCE WITH THE PROVISIONS OF
12 THIS TITLE. THE MAXIMUM PAYMENT OF PUBLIC MATCHING FUNDS SHALL BE LIMIT-
13 ED TO THE AMOUNTS SET FORTH IN SECTION 14-205 OF THIS TITLE FOR THE
14 COVERED ELECTION.
15 3. TIMING OF PAYMENT. THE PUBLIC FINANCING UNIT SHALL MAKE ANY PAYMENT
16 OF PUBLIC MATCHING FUNDS TO PARTICIPATING CANDIDATES AS SOON AS IS PRAC-
17 TICABLE. BUT IN ALL CASES, THAT UNIT SHALL VERIFY ELIGIBILITY FOR PUBLIC
18 MATCHING FUNDS WITHIN FOUR DAYS OF RECEIVING A CAMPAIGN CONTRIBUTION
19 REPORT FILED IN COMPLIANCE WITH SECTION 14-104 OF THIS ARTICLE. WITHIN
20 TWO DAYS OF DETERMINING THAT A CANDIDATE FOR A COVERED OFFICE IS ELIGI-
21 BLE FOR PUBLIC MATCHING FUNDS, THE UNIT SHALL PAY THE APPLICABLE MATCH-
22 ING FUNDS OWED TO THE CANDIDATE. HOWEVER, THE UNIT SHALL NOT MAKE ANY
23 PAYMENTS OF PUBLIC MONEY EARLIER THAN THE EARLIEST DATES FOR MAKING SUCH
24 PAYMENTS AS PROVIDED BY THIS TITLE. IF ANY OF SUCH PAYMENTS WOULD
25 REQUIRE PAYMENT ON A WEEKEND OR FEDERAL HOLIDAY, PAYMENT SHALL BE MADE
26 ON THE NEXT BUSINESS DAY.
27 4. ELECTRONIC FUNDS TRANSFER. THE BOARD SHALL PROMULGATE RULES TO
28 FACILITATE ELECTRONIC FUNDS TRANSFERS DIRECTLY FROM THE FUND INTO AN
29 AUTHORIZED COMMITTEE'S BANK ACCOUNT.
30 5. IRREGULARLY SCHEDULED ELECTIONS. NOTWITHSTANDING ANY OTHER
31 PROVISION OF THIS TITLE, THE BOARD SHALL PROMULGATE RULES TO PROVIDE FOR
32 THE PROMPT ISSUANCE OF PUBLIC MATCHING FUNDS TO ELIGIBLE PARTICIPATING
33 CANDIDATES FOR QUALIFIED CAMPAIGN EXPENDITURES IN THE CASE OF ANY OTHER
34 COVERED ELECTION HELD ON A DAY DIFFERENT FROM THAT THAN ORIGINALLY SCHE-
35 DULED INCLUDING SPECIAL ELECTIONS. BUT IN ALL CASES, THE PUBLIC FINANC-
36 ING UNIT SHALL (A) WITHIN FOUR DAYS OF RECEIVING A REPORT OF CONTRIB-
37 UTIONS FROM A CANDIDATE FOR A COVERED OFFICE CLAIMING ELIGIBILITY FOR
38 PUBLIC MATCHING FUNDS VERIFY THAT CANDIDATE'S ELIGIBILITY FOR PUBLIC
39 MATCHING FUNDS; AND (B) WITHIN TWO DAYS OF DETERMINING THAT THE CANDI-
40 DATE FOR A COVERED OFFICE IS ELIGIBLE FOR PUBLIC MATCHING FUNDS, THE
41 UNIT SHALL PAY THE APPLICABLE MATCHING FUNDS OWED TO THE CANDIDATE.
42 S 14-207. USE OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN EXPENDI-
43 TURES. 1. PUBLIC MATCHING FUNDS PROVIDED UNDER THE PROVISIONS OF THIS
44 TITLE MAY BE USED ONLY BY AN AUTHORIZED COMMITTEE FOR EXPENDITURES TO
45 FURTHER THE PARTICIPATING CANDIDATE'S NOMINATION FOR ELECTION OR
46 ELECTION, INCLUDING PAYING FOR DEBTS INCURRED WITHIN ONE YEAR PRIOR TO
47 AN ELECTION TO FURTHER THE PARTICIPATING CANDIDATE'S NOMINATION FOR
48 ELECTION OR ELECTION.
49 2. SUCH PUBLIC MATCHING FUNDS MAY NOT BE USED FOR:
50 (A) AN EXPENDITURE IN VIOLATION OF ANY LAW;
51 (B) AN EXPENDITURE IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES,
52 MATERIALS, FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
53 (C) AN EXPENDITURE MADE AFTER THE CANDIDATE HAS BEEN FINALLY DISQUALI-
54 FIED FROM THE BALLOT;
S. 6355 50 A. 8555
1 (D) AN EXPENDITURE MADE AFTER THE ONLY REMAINING OPPONENT OF THE
2 CANDIDATE HAS BEEN FINALLY DISQUALIFIED FROM THE GENERAL OR SPECIAL
3 ELECTION BALLOT;
4 (E) AN EXPENDITURE MADE BY CASH PAYMENT;
5 (F) A CONTRIBUTION OR LOAN OR TRANSFER MADE TO OR EXPENDITURE TO
6 SUPPORT ANOTHER CANDIDATE OR POLITICAL COMMITTEE OR PARTY, COMMITTEE OR
7 CONSTITUTED COMMITTEE;
8 (G) AN EXPENDITURE TO SUPPORT OR OPPOSE A CANDIDATE FOR AN OFFICE
9 OTHER THAN THAT WHICH THE PARTICIPATING CANDIDATE SEEKS;
10 (H) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED CAMPAIGN
11 MATERIAL;
12 (I) LEGAL FEES TO DEFEND AGAINST A CRIMINAL CHARGE;
13 (J) PAYMENTS TO IMMEDIATE FAMILY MEMBERS OF THE PARTICIPATING CANDI-
14 DATE; OR
15 (K) ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
16 DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION, ACCEPTANCE,
17 AUTHORIZATION, DECLINATION OR SUBSTITUTION.
18 S 14-208. POWERS AND DUTIES OF BOARD. 1. ADVISORY OPINIONS. THE BOARD
19 SHALL RENDER ADVISORY OPINIONS WITH RESPECT TO QUESTIONS ARISING UNDER
20 THIS TITLE UPON THE WRITTEN REQUEST OF A CANDIDATE, AN OFFICER OF A
21 POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITIATIVE.
22 THE BOARD SHALL PROMULGATE RULES REGARDING REASONABLE TIMES TO RESPOND
23 TO SUCH REQUESTS. THE BOARD SHALL MAKE PUBLIC THE QUESTIONS OF INTERPRE-
24 TATION FOR WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE BOARD AND
25 ITS ADVISORY OPINIONS, INCLUDING BY PUBLICATION ON ITS WEBPAGE WITH
26 IDENTIFYING INFORMATION REDACTED AS THE BOARD DETERMINES TO BE APPROPRI-
27 ATE.
28 2. PUBLIC INFORMATION AND CANDIDATE EDUCATION. THE BOARD SHALL DEVELOP
29 A PROGRAM FOR INFORMING CANDIDATES AND THE PUBLIC AS TO THE PURPOSE AND
30 EFFECT OF THE PROVISIONS OF THIS TITLE, INCLUDING BY MEANS OF A WEBPAGE.
31 THE BOARD SHALL PREPARE IN PLAIN LANGUAGE AND MAKE AVAILABLE EDUCATIONAL
32 MATERIALS, INCLUDING COMPLIANCE MANUALS AND SUMMARIES AND EXPLANATIONS
33 OF THE PURPOSES AND PROVISIONS OF THIS TITLE. THE BOARD SHALL PREPARE OR
34 HAVE PREPARED AND MAKE AVAILABLE MATERIALS, INCLUDING, TO THE EXTENT
35 FEASIBLE, COMPUTER SOFTWARE, TO FACILITATE THE TASK OF COMPLIANCE WITH
36 THE DISCLOSURE AND RECORD-KEEPING REQUIREMENTS OF THIS TITLE.
37 3. RULES AND REGULATIONS. THE BOARD SHALL HAVE THE AUTHORITY TO
38 PROMULGATE SUCH RULES AND REGULATIONS AND PROVIDE SUCH FORMS AS IT DEEMS
39 NECESSARY FOR THE ADMINISTRATION OF THIS TITLE.
40 4. DATABASE. THE BOARD SHALL DEVELOP AN INTERACTIVE, SEARCHABLE
41 COMPUTER DATABASE THAT SHALL CONTAIN ALL INFORMATION NECESSARY FOR THE
42 PROPER ADMINISTRATION OF THIS TITLE INCLUDING INFORMATION ON CONTRIB-
43 UTIONS TO AND EXPENDITURES BY CANDIDATES AND THEIR AUTHORIZED COMMITTEE,
44 INDEPENDENT EXPENDITURES IN SUPPORT OR OPPOSITION OF CANDIDATES FOR
45 COVERED OFFICES, AND DISTRIBUTIONS OF MONEYS FROM THE FUND. SUCH DATA-
46 BASE SHALL BE ACCESSIBLE TO THE PUBLIC ON THE BOARD'S WEBPAGE.
47 5. THE BOARD'S PUBLIC FINANCING UNIT SHALL WORK WITH THE ENFORCEMENT
48 UNIT TO ENFORCE THIS SECTION.
49 S 14-209. AUDITS AND REPAYMENTS. 1. AUDITS. THE BOARD SHALL AUDIT AND
50 EXAMINE ALL MATTERS RELATING TO THE PROPER ADMINISTRATION OF THIS TITLE
51 AND SHALL COMPLETE SUCH AUDIT NO LATER THAN TWO YEARS AFTER THE ELECTION
52 IN QUESTION. EVERY CANDIDATE WHO RECEIVES PUBLIC FUNDS UNDER THIS TITLE
53 SHALL BE AUDITED BY THE BOARD. THE COST OF COMPLYING WITH A POST-ELEC-
54 TION AUDIT SHALL BE BORNE BY THE CANDIDATE'S AUTHORIZED COMMITTEE USING
55 PUBLIC FUNDS, PRIVATE FUNDS OR ANY COMBINATION OF SUCH FUNDS. CANDI-
56 DATES WHO RUN IN BOTH A PRIMARY AND GENERAL ELECTION MUST MAINTAIN A
S. 6355 51 A. 8555
1 RESERVE OF THREE PERCENT OF THE PUBLIC FUNDS RECEIVED TO COMPLY WITH THE
2 POST-ELECTION AUDIT. THE BOARD SHALL ISSUE TO EACH CAMPAIGN AUDITED A
3 FINAL AUDIT REPORT THAT DETAILS ITS FINDINGS.
4 2. REPAYMENTS. (A) IF THE BOARD DETERMINES THAT ANY PORTION OF THE
5 PAYMENT MADE TO A CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS IN
6 EXCESS OF THE AGGREGATE AMOUNT OF PAYMENTS THAT SUCH CANDIDATE WAS
7 ELIGIBLE TO RECEIVE PURSUANT TO THIS TITLE, IT SHALL NOTIFY SUCH COMMIT-
8 TEE AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN AMOUNT EQUAL TO THE
9 AMOUNT OF EXCESS PAYMENTS. PROVIDED, HOWEVER, THAT IF THE ERRONEOUS
10 PAYMENT WAS THE RESULT OF AN ERROR BY THE BOARD, THEN THE ERRONEOUS
11 PAYMENT WILL BE DEDUCTED FROM ANY FUTURE PAYMENT, IF ANY, AND IF NO
12 PAYMENT IS TO BE MADE THEN NEITHER THE CANDIDATE NOR THE COMMITTEE SHALL
13 BE LIABLE TO REPAY THE EXCESS AMOUNT TO THE BOARD. THE CANDIDATE, THE
14 TREASURER AND THE CANDIDATE'S AUTHORIZED COMMITTEE ARE JOINTLY AND
15 SEVERABLY LIABLE FOR ANY REPAYMENTS TO THE BOARD.
16 (B) IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO A
17 CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS USED FOR PURPOSES
18 OTHER THAN QUALIFIED CAMPAIGN EXPENDITURES AND SUCH EXPENDITURES WERE
19 NOT APPROVED BY THE BOARD, IT SHALL NOTIFY SUCH COMMITTEE OF THE AMOUNT
20 SO DISQUALIFIED AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN AMOUNT
21 EQUAL TO SUCH DISQUALIFIED AMOUNT. THE CANDIDATE, THE TREASURER AND THE
22 CANDIDATE'S AUTHORIZED COMMITTEE ARE JOINTLY AND SEVERABLY LIABLE FOR
23 ANY REPAYMENTS TO THE BOARD.
24 (C) IF THE TOTAL OF PAYMENTS FROM THE FUND RECEIVED BY A PARTICIPATING
25 CANDIDATE AND HIS OR HER AUTHORIZED COMMITTEE EXCEED THE TOTAL CAMPAIGN
26 EXPENDITURES OF SUCH CANDIDATE AND AUTHORIZED COMMITTEE FOR ALL COVERED
27 ELECTIONS HELD IN THE SAME CALENDAR YEAR OR FOR A SPECIAL ELECTION TO
28 FILL A VACANCY, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS FUNDS
29 TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH AUTHORIZED COMMITTEE
30 FROM THE FUND DURING SUCH CALENDAR YEAR OR FOR SUCH SPECIAL ELECTION.
31 PARTICIPATING CANDIDATES SHALL PAY TO THE BOARD UNSPENT PUBLIC CAMPAIGN
32 FUNDS FROM AN ELECTION NOT LATER THAN TWENTY-SEVEN DAYS AFTER ALL
33 LIABILITIES FOR THE ELECTION HAVE BEEN PAID AND IN ANY EVENT, NOT LATER
34 THAN THE DAY ON WHICH THE BOARD ISSUES ITS FINAL AUDIT REPORT FOR THE
35 PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE; PROVIDED, HOWEVER, THAT
36 ALL UNSPENT PUBLIC CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE SHALL BE
37 IMMEDIATELY DUE AND PAYABLE TO THE BOARD UPON A DETERMINATION BY THE
38 BOARD THAT THE PARTICIPANT HAS DELAYED THE POST-ELECTION AUDIT. A
39 PARTICIPATING CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES WITH PUBLIC
40 FUNDS ONLY FOR ROUTINE ACTIVITIES INVOLVING NOMINAL COST ASSOCIATED WITH
41 WINDING UP A CAMPAIGN AND RESPONDING TO THE POST-ELECTION AUDIT. NOTH-
42 ING IN THIS TITLE SHALL BE CONSTRUED TO PREVENT A CANDIDATE OR HIS OR
43 HER AUTHORIZED COMMITTEE FROM USING CAMPAIGN CONTRIBUTIONS RECEIVED FROM
44 PRIVATE CONTRIBUTORS FOR OTHERWISE LAWFUL EXPENDITURES.
45 3. THE BOARD SHALL PROMULGATE REGULATIONS FOR THE CERTIFICATION OF THE
46 AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER, FROM THE FUND ESTABLISHED
47 PURSUANT TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW, TO A PARTIC-
48 IPATING CANDIDATE THAT HAS QUALIFIED TO RECEIVE SUCH PAYMENT. THESE
49 REGULATIONS SHALL INCLUDE THE PROMULGATION AND DISTRIBUTION OF FORMS ON
50 WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO BE REPORTED, THE PERIODS
51 DURING WHICH SUCH REPORTS MUST BE FILED AND THE VERIFICATION REQUIRED.
52 THE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL MAKE POSSIBLE PAYMENT BY
53 THE FUND WITHIN FOUR BUSINESS DAYS AFTER RECEIPT OF THE REQUIRED FORMS
54 AND VERIFICATIONS.
55 S 14-210. ENFORCEMENT AND PENALTIES FOR VIOLATIONS AND OTHER
56 PROCEEDINGS. 1. CIVIL PENALTIES. VIOLATIONS OF ANY PROVISION OF THIS
S. 6355 52 A. 8555
1 TITLE OR RULE PROMULGATED PURSUANT TO THIS TITLE SHALL BE SUBJECT TO A
2 CIVIL PENALTY IN AN AMOUNT NOT IN EXCESS OF FIFTEEN THOUSAND DOLLARS.
3 2. NOTICE OF VIOLATION AND OPPORTUNITY TO CONTEST. THE BOARD SHALL:
4 (A) DETERMINE WHETHER A VIOLATION OF ANY PROVISION OF THIS TITLE OR
5 RULE PROMULGATED HEREUNDER HAS BEEN COMMITTED;
6 (B) GIVE WRITTEN NOTICE AND THE OPPORTUNITY TO CONTEST BEFORE AN INDE-
7 PENDENT HEARING OFFICER TO EACH PERSON OR ENTITY IT HAS REASON TO
8 BELIEVE HAS COMMITTED A VIOLATION; AND
9 (C) IF APPROPRIATE, ASSESS PENALTIES FOR VIOLATIONS, FOLLOWING SUCH
10 NOTICE AND OPPORTUNITY TO CONTEST.
11 3. CRIMINAL CONDUCT. ANY PERSON WHO KNOWINGLY AND WILLFULLY FURNISHES
12 OR SUBMITS FALSE STATEMENTS OR INFORMATION TO THE BOARD IN CONNECTION
13 WITH ITS ADMINISTRATION OF THIS TITLE, SHALL BE GUILTY OF A MISDEMEANOR
14 IN ADDITION TO ANY OTHER PENALTY AS MAY BE IMPOSED UNDER THIS CHAPTER OR
15 PURSUANT TO ANY OTHER LAW. THE BOARD SHALL SEEK TO RECOVER ANY PUBLIC
16 MATCHING FUNDS OBTAINED AS A RESULT OF SUCH CRIMINAL CONDUCT.
17 4. PROCEEDINGS AS TO PUBLIC FINANCING. (A) THE DETERMINATION OF ELIGI-
18 BILITY PURSUANT TO THIS TITLE AND ANY QUESTION OR ISSUE RELATING TO
19 PAYMENTS FOR CAMPAIGN EXPENDITURES PURSUANT TO THIS TITLE MAY BE
20 CONTESTED IN A PROCEEDING INSTITUTED IN THE SUPREME COURT, ALBANY COUN-
21 TY, BY ANY AGGRIEVED CANDIDATE.
22 (B) A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY
23 OR PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO THIS CHAPTER
24 SHALL BE INSTITUTED WITHIN FOURTEEN DAYS AFTER SUCH DETERMINATION WAS
25 MADE. THE BOARD SHALL BE MADE A PARTY TO ANY SUCH PROCEEDING.
26 (C) UPON THE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE FROM A PARTIC-
27 IPATING CANDIDATE OR SUCH CANDIDATE'S AUTHORIZED COMMITTEE AFTER THE
28 ISSUANCE OF WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED BY THIS
29 TITLE, THE BOARD IS AUTHORIZED TO INSTITUTE A SPECIAL PROCEEDING OR
30 CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A JUDGMENT FOR
31 ANY AMOUNTS DETERMINED TO BE PAYABLE TO THE BOARD AS A RESULT OF AN
32 EXAMINATION AND AUDIT MADE PURSUANT TO THIS TITLE OR TO OBTAIN SUCH
33 AMOUNTS DIRECTLY FROM THE CANDIDATE OR AUTHORIZED COMMITTEE AFTER A
34 HEARING AT THE STATE BOARD OF ELECTIONS.
35 (D) THE BOARD IS AUTHORIZED TO INSTITUTE A SPECIAL PROCEEDING OR CIVIL
36 ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A JUDGMENT FOR CIVIL
37 PENALTIES DETERMINED TO BE PAYABLE TO THE BOARD PURSUANT TO THIS TITLE
38 OR TO IMPOSE SUCH PENALTY DIRECTLY AFTER A HEARING AT THE STATE BOARD OF
39 ELECTIONS.
40 S 14-211. REPORTS. THE BOARD SHALL REVIEW AND EVALUATE THE EFFECT OF
41 THIS TITLE UPON THE CONDUCT OF ELECTION CAMPAIGNS AND SHALL SUBMIT A
42 REPORT TO THE LEGISLATURE ON OR BEFORE JANUARY FIRST, TWO THOUSAND NINE-
43 TEEN, AND EVERY THIRD YEAR THEREAFTER, AND AT ANY OTHER TIME UPON THE
44 REQUEST OF THE GOVERNOR AND AT SUCH OTHER TIMES AS THE BOARD DEEMS
45 APPROPRIATE. THESE REPORTS SHALL INCLUDE:
46 1. A LIST OF THE PARTICIPATING AND NONPARTICIPATING CANDIDATES IN
47 COVERED ELECTIONS AND THE VOTES RECEIVED BY EACH CANDIDATE IN THOSE
48 ELECTIONS;
49 2. THE AMOUNT OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES
50 MADE, ON BEHALF OF THESE CANDIDATES;
51 3. THE AMOUNT OF PUBLIC MATCHING FUNDS EACH PARTICIPATING CANDIDATE
52 RECEIVED, SPENT, AND REPAID PURSUANT TO THIS TITLE;
53 4. ANALYSIS OF THE EFFECT OF THIS TITLE ON POLITICAL CAMPAIGNS,
54 INCLUDING ITS EFFECT ON THE SOURCES AND AMOUNTS OF PRIVATE FINANCING,
55 THE LEVEL OF CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE NUMBER OF
56 CANDIDATES, THE CANDIDATES' ABILITY TO CAMPAIGN EFFECTIVELY FOR PUBLIC
S. 6355 53 A. 8555
1 OFFICE, AND THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
2 AND
3 5. RECOMMENDATIONS FOR AMENDMENTS TO THIS TITLE, INCLUDING CHANGES IN
4 CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY, AND ANY OTHER FEATURES
5 OF THE SYSTEM.
6 S 14-212. DEBATES FOR CANDIDATES FOR STATEWIDE OFFICE. THE BOARD
7 SHALL PROMULGATE REGULATIONS TO FACILITATE DEBATES AMONG PARTICIPATING
8 CANDIDATES WHO SEEK ELECTION TO STATEWIDE OFFICE. PARTICIPATING CANDI-
9 DATES ARE REQUIRED TO PARTICIPATE IN ONE DEBATE BEFORE EACH ELECTION FOR
10 WHICH THE CANDIDATE RECEIVES PUBLIC FUNDS, UNLESS THE PARTICIPATING
11 CANDIDATE IS RUNNING UNOPPOSED. NONPARTICIPATING CANDIDATES MAY PARTIC-
12 IPATE IN SUCH DEBATES.
13 S 14-213. SEVERABILITY. IF ANY CLAUSE, SENTENCE, SUBDIVISION, PARA-
14 GRAPH, SECTION OR PART OF THIS TITLE BE ADJUDGED BY ANY COURT OF COMPE-
15 TENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR
16 OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
17 TION TO THE CLAUSE, SENTENCE, SUBDIVISION, PARAGRAPH, SECTION OR PART
18 THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT
19 SHALL HAVE BEEN RENDERED.
20 S 8. The state finance law is amended by adding a new section 92-t to
21 read as follows:
22 S 92-T. NEW YORK STATE CAMPAIGN FINANCE FUND. 1. THERE IS HEREBY
23 ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
24 COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW YORK
25 STATE CAMPAIGN FINANCE FUND.
26 2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE NEW YORK
27 STATE CAMPAIGN FINANCE FUND CHECK-OFF PURSUANT TO SUBSECTION (F) OF
28 SECTION SIX HUNDRED FIFTY-EIGHT OF THE TAX LAW, FROM THE ABANDONED PROP-
29 ERTY FUND PURSUANT TO SECTION NINETY-FIVE OF THIS ARTICLE, FROM THE
30 GENERAL FUND, AND FROM ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO
31 FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. SUCH FUND SHALL ALSO
32 RECEIVE CONTRIBUTIONS FROM PRIVATE INDIVIDUALS, ORGANIZATIONS, OR OTHER
33 PERSONS TO FULFILL THE PURPOSES OF THE PUBLIC FINANCING SYSTEM.
34 3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
35 BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT
36 TO TITLE II OF ARTICLE FOURTEEN OF THE ELECTION LAW AND FOR ADMINISTRA-
37 TIVE EXPENSES RELATED TO THE IMPLEMENTATION OF ARTICLE FOURTEEN OF THE
38 ELECTION LAW. MONEYS SHALL BE PAID OUT OF THE FUND BY THE STATE COMP-
39 TROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE STATE BOARD OF
40 ELECTIONS, OR ITS DULY DESIGNATED REPRESENTATIVE, IN THE MANNER
41 PRESCRIBED BY LAW, NOT MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS
42 RECEIVED BY THE STATE COMPTROLLER.
43 4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IF, IN ANY
44 STATE FISCAL YEAR, THE STATE CAMPAIGN FINANCE FUND LACKS THE AMOUNT OF
45 MONEY TO PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES AND CERTIFIED
46 OR APPROVED BY THE STATE BOARD OF ELECTIONS, ANY SUCH DEFICIENCY SHALL
47 BE PAID BY THE STATE COMPTROLLER, FROM FUNDS DEPOSITED IN THE GENERAL
48 FUND OF THE STATE NOT MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS
49 RECEIVED BY THE STATE COMPTROLLER.
50 5. COMMENCING IN TWO THOUSAND SIXTEEN, IF THE SURPLUS IN THE FUND ON
51 APRIL FIRST OF THE YEAR AFTER A YEAR IN WHICH A GOVERNOR IS ELECTED
52 EXCEEDS TWENTY-FIVE PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER THE
53 PREVIOUS FOUR YEARS, THE EXCESS SHALL REVERT TO THE GENERAL FUND OF THE
54 STATE.
55 6. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
56 PRIMARY ELECTION ANY EARLIER THAN THIRTY DAYS AFTER DESIGNATING
S. 6355 54 A. 8555
1 PETITIONS, INDEPENDENT NOMINATING PETITIONS, OR CERTIFICATES OF NOMI-
2 NATION HAVE BEEN FILED AND NOT LESS THAN FORTY-FIVE DAYS BEFORE SUCH
3 ELECTION.
4 7. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
5 GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF THE PRIMARY
6 ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
7 8. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
8 SPECIAL ELECTION ANY EARLIER THAN THE DAY AFTER THE LAST DAY TO FILE
9 CERTIFICATES OF PARTY NOMINATION FOR SUCH SPECIAL ELECTION.
10 9. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
11 HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN DECLARED
12 INVALID BY THE APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
13 JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER COURT
14 IN A FINAL JUDGMENT. NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH
15 A CANDIDATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON THE DATE OF
16 SUCH DISQUALIFICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY
17 PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE.
18 ALL SUCH MONEYS SHALL BE REPAID TO THE FUND.
19 S 9. Section 95 of the state finance law is amended by adding a new
20 subdivision 5 to read as follows:
21 5. NOTWITHSTANDING ANY PROVISION OF THIS SECTION AUTHORIZING THE
22 TRANSFER OF ANY MONEYS IN THE ABANDONED PROPERTY FUND TO THE GENERAL
23 FUND, IN JANUARY OF EACH YEAR IN WHICH A STATE GENERAL ELECTION IS TO BE
24 HELD PURSUANT TO LAW, OR AT LEAST SIX WEEKS PRIOR TO ANY STATE SPECIAL
25 ELECTION, THE COMPTROLLER, UPON WARRANT OR VOUCHER BY THE CHAIRMAN OF
26 THE CAMPAIGN FINANCE BOARD OR HIS OR HER DULY APPOINTED REPRESENTATIVE,
27 SHALL TRANSFER MONEYS OF THE ABANDONED PROPERTY FUND INTO THE CAMPAIGN
28 FINANCE FUND PURSUANT TO SECTION NINETY-NINE-V OF THIS ARTICLE. ON MARCH
29 THIRTY-FIRST OF THE YEAR FOLLOWING SUCH GENERAL ELECTION YEAR, SUCH
30 CHAIRMAN SHALL TRANSFER TO THE GENERAL FUND ANY SURPLUS MONEYS OF THE
31 CAMPAIGN FINANCE FUND AS OF SUCH DATE.
32 S 10. Section 658 of the tax law is amended by adding a new subsection
33 (f) to read as follows:
34 (F) NEW YORK STATE CAMPAIGN FINANCE FUND CHECK-OFF. (1) FOR EACH TAXA-
35 BLE YEAR BEGINNING ON AND AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN,
36 EVERY RESIDENT TAXPAYER WHOSE NEW YORK STATE INCOME TAX LIABILITY FOR
37 THE TAXABLE YEAR FOR WHICH THE RETURN IS FILED IS FORTY DOLLARS OR MORE
38 MAY DESIGNATE ON SUCH RETURN THAT FORTY DOLLARS BE PAID INTO THE NEW
39 YORK STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T OF
40 THE STATE FINANCE LAW. WHERE A HUSBAND AND WIFE FILE A JOINT RETURN AND
41 HAVE A NEW YORK STATE INCOME TAX LIABILITY FOR THE TAXABLE YEAR FOR
42 WHICH THE RETURN IS FILED IS EIGHTY DOLLARS OR MORE, OR FILE SEPARATE
43 RETURNS ON A SINGLE FORM, EACH SUCH TAXPAYER MAY MAKE SEPARATE DESIG-
44 NATIONS ON SUCH RETURN OF FORTY DOLLARS TO BE PAID INTO THE NEW YORK
45 STATE CAMPAIGN FINANCE FUND.
46 (2) THE COMMISSIONER SHALL TRANSFER TO THE NEW YORK STATE CAMPAIGN
47 FINANCE FUND, ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE STATE
48 FINANCE LAW, AN AMOUNT EQUAL TO FORTY DOLLARS MULTIPLIED BY THE NUMBER
49 OF DESIGNATIONS.
50 (3) FOR PURPOSES OF THIS SUBSECTION, THE INCOME TAX LIABILITY OF AN
51 INDIVIDUAL FOR ANY TAXABLE YEAR IS THE AMOUNT OF TAX IMPOSED UNDER THIS
52 ARTICLE REDUCED BY THE SUM OF THE CREDITS (AS SHOWN IN HIS OR HER
53 RETURN) ALLOWABLE UNDER THIS ARTICLE.
54 (4) THE DEPARTMENT SHALL INCLUDE A PLACE ON EVERY PERSONAL INCOME TAX
55 RETURN FORM TO BE FILED BY AN INDIVIDUAL FOR A TAX YEAR BEGINNING ON OR
56 AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN, FOR SUCH TAXPAYER TO MAKE
S. 6355 55 A. 8555
1 THE DESIGNATIONS DESCRIBED IN PARAGRAPH ONE OF THIS SUBSECTION. SUCH
2 RETURN FORM SHALL CONTAIN A CONCISE EXPLANATION OF THE PURPOSE OF SUCH
3 OPTIONAL DESIGNATIONS.
4 S 11. Severability. If any clause, sentence, subdivision, paragraph,
5 section or part of title II of article 14 of the election law, as added
6 by section seven of this act be adjudged by any court of competent
7 jurisdiction to be invalid, such judgment shall not affect, impair or
8 invalidate the remainder thereof, but shall be confined in its operation
9 to the clause, sentence, subdivision, paragraph, section or part thereof
10 directly involved in the controversy in which such judgment shall have
11 been rendered.
12 S 12. This act shall take effect immediately; provided, however, all
13 state legislative candidates will be eligible to participate in volun-
14 tary public financing beginning with the 2016 primary election and all
15 other state candidates, including those in irregularly scheduled
16 elections, will be eligible to particulate in voluntary public financing
17 beginning with the 2018 primary election.
18 S 2. Severability. If any clause, sentence, subdivision, paragraph,
19 section, subpart or part of this act be adjudged by any court of compe-
20 tent jurisdiction to be invalid, such judgment shall not affect, impair
21 or invalidate the remainder thereof, but shall be confined in its opera-
22 tion to the clause, sentence, subdivision, paragraph, section, subpart
23 or part thereof directly involved in the controversy in which such judg-
24 ment shall have been rendered. It is hereby declared to be the intent of
25 the legislature that this act would have been enacted even if such
26 invalid provisions had not been included herein.
27 S 3. This act shall take effect immediately, provided, however, that
28 the applicable effective dates of Subparts A through D of this act shall
29 be as specifically set forth in the last section of such Subparts.
30 PART I
31 Section 1. The state comptroller is hereby authorized and directed to
32 loan money in accordance with the provisions set forth in subdivision 5
33 of section 4 of the state finance law to the following funds and/or
34 accounts:
35 1. Tuition reimbursement account (20451).
36 2. Proprietary vocational school supervision account (20452).
37 3. Local government records management account (20501).
38 4. Child health plus program account (20810).
39 5. Hospital based grants program account (20812).
40 6. EPIC premium account (20818).
41 7. Education - New (20901).
42 8. VLT - Sound basic education fund (20904).
43 9. Sewage treatment program management and administration fund
44 (21000).
45 10. Hazardous bulk storage account (21061).
46 11. Federal grants indirect cost recovery account (21065).
47 12. Low level radioactive waste account (21066).
48 13. Recreation account (21067).
49 14. Public safety recovery account (21077).
50 15. Conservationist magazine account (21080).
51 16. Environmental regulatory account (21081).
52 17. Natural resource account (21082).
53 18. Mined land reclamation program account (21084).
54 19. Great lakes restoration initiative account (21087).
S. 6355 56 A. 8555
1 20. Environmental protection and oil spill compensation fund (21200).
2 21. Public transportation systems account (21401).
3 22. Metropolitan mass transportation (21402).
4 23. Operating permit program account (21451).
5 24. Mobile source account (21452).
6 25. Statewide planning and research cooperative system account
7 (21902).
8 26. OPWDD provider of service account (21903).
9 27. Mental hygiene program fund account (21907).
10 28. Mental hygiene patient income account (21909).
11 29. Financial control board account (21911).
12 30. Regulation of racing account (21912).
13 31. New York Metropolitan Transportation Council account (21913).
14 32. Cyber upgrade account (21919).
15 33. State university dormitory income reimbursable account (21937).
16 34. Energy research account (21943).
17 35. Criminal justice improvement account (21945).
18 36. Fingerprint identification and technology account (21950).
19 37. Environmental laboratory reference fee account (21959).
20 38. Clinical laboratory reference system assessment account (21962).
21 39. Public employment relations board account (21964).
22 40. Indirect cost recovery account (21978).
23 41. High school equivalency program account (21979).
24 42. Multi-agency training account (21989).
25 43. Bell jar collection account (22003).
26 44. Industry and utility service account (22004).
27 45. Real property disposition account (22006).
28 46. Parking account (22007).
29 47. Asbestos safety training program account (22009).
30 48. Batavia school for the blind account (22032).
31 49. Investment services account (22034).
32 50. Surplus property account (22036).
33 51. Financial oversight account (22039).
34 52. Regulation of indian gaming account (22046).
35 53. Rome school for the deaf account (22053).
36 54. Seized assets account (22054).
37 55. Administrative adjudication account (22055).
38 56. Federal salary sharing account (22056).
39 57. New York City assessment account (22062).
40 58. Cultural education account (22063).
41 59. Local services account (22078).
42 60. DHCR mortgage servicing account (22085).
43 61. Department of motor vehicles compulsory insurance account (22087).
44 62. Housing indirect cost recovery account (22090).
45 63. Accident prevention course program account (22094).
46 64. DHCR-HCA application fee account (22100).
47 65. Low income housing monitoring account (22130).
48 66. Corporation administration account (22135).
49 67. Montrose veteran's home account (22144).
50 68. Deferred compensation administration account (22151).
51 69. Rent revenue other New York City account (22156).
52 70. Rent revenue account (22158).
53 71. Tax revenue arrearage account (22168).
54 72. State university general income offset account (22654).
55 73. State police motor vehicle law enforcement account (22802).
56 74. Highway safety program account (23001).
S. 6355 57 A. 8555
1 75. EFC drinking water program account (23101).
2 76. DOH drinking water program account (23102).
3 77. NYCCC operating offset account (23151).
4 78. Commercial gaming revenue account (23701).
5 79. Commercial gaming regulation account (23702).
6 80. Highway and bridge capital account (30051).
7 81. State university residence hall rehabilitation fund (30100).
8 82. State parks infrastructure account (30351).
9 83. Clean water/clean air implementation fund (30500).
10 84. Hazardous waste remedial cleanup account (31506).
11 85. Youth facilities improvement account (31701).
12 86. Housing assistance fund (31800).
13 87. Housing program fund (31850).
14 88. Highway facility purpose account (31951).
15 89. Miscellaneous capital projects fund, information technology capi-
16 tal financing account.
17 90. New York racing account (32213).
18 91. Mental hygiene facilities capital improvement fund (32300).
19 92. Correctional facilities capital improvement fund (32350).
20 93. New York State Storm Recovery Capital Fund (33000).
21 94. OGS convention center account (50318).
22 95. Centralized services fund (55000).
23 96. Archives records management account (55052).
24 97. Federal single audit account (55053).
25 98. Civil service law section II administrative account (55055).
26 99. Civil service EHS occupational health program account (55056).
27 100. Banking services account (55057).
28 101. Cultural resources survey account (55058).
29 102. Neighborhood work project (55059).
30 103. Automation & printing chargeback account (55060).
31 104. OFT NYT account (55061).
32 105. Data center account (55062).
33 106. Human service telecom account (55063).
34 107. Intrusion detection account (55066).
35 108. Domestic violence grant account (55067).
36 109. Centralized technology services account (55069).
37 110. Labor contact center account (55071).
38 111. Human services contact center account (55072).
39 112. Tax contact center account (55073).
40 113. Joint labor/management administration fund (55201).
41 114. Executive direction internal audit account (55251).
42 115. CIO Information technology centralized services account (55252).
43 116. Health insurance internal service account (55300).
44 117. Civil service employee benefits division administrative account
45 (55301).
46 118. Correctional industries revolving fund (55350).
47 119. Employees health insurance account (60201).
48 120. Medicaid management information system escrow fund (60900).
49 S 1-a. The state comptroller is hereby authorized and directed to loan
50 money in accordance with the provisions set forth in subdivision 5 of
51 section 4 of the state finance law to any account within the following
52 federal funds, provided the comptroller has made a determination that
53 sufficient federal grant award authority is available to reimburse such
54 loans:
55 1. Federal USDA-food and nutrition services fund. (25000).
56 2. Federal health and human services fund (25100).
S. 6355 58 A. 8555
1 3. Federal education fund (25200).
2 4. Federal block grant fund (25250).
3 5. Federal miscellaneous operating grants fund. (25300)
4 6. Federal unemployment insurance administration fund (25900).
5 7. Federal unemployment insurance occupational training fund (25950).
6 8. Federal emergency employment act fund (26000).
7 9. Federal capital projects fund (31350).
8 S 2. Notwithstanding any law to the contrary, and in accordance with
9 section 4 of the state finance law, the comptroller is hereby authorized
10 and directed to transfer, upon request of the director of the budget, on
11 or before March 31, 2015, up to the unencumbered balance or the follow-
12 ing amounts:
13 Economic Development and Public Authorities:
14 1. $175,000 from the miscellaneous special revenue fund, underground
15 facilities safety training account (22172), to the general fund.
16 2. An amount up to the unencumbered balance from the miscellaneous
17 special revenue fund, business and licensing services account (21977),
18 to the general fund.
19 3. $14,810,000 from the miscellaneous special revenue fund, code
20 enforcement account (21904), to the general fund.
21 4. $3,000,000 from the general fund to the miscellaneous special
22 revenue fund, tax revenue arrearage account (22168).
23 5. $350,000 from the state exposition special fund, state fair
24 receipts account (50051), to the general fund.
25 Education:
26 1. $2,265,000,000 from the general fund to the state lottery fund,
27 education account (20901), as reimbursement for disbursements made from
28 such fund for supplemental aid to education pursuant to section 92-c of
29 the state finance law that are in excess of the amounts deposited in
30 such fund for such purposes pursuant to section 1612 of the tax law.
31 2. $950,604,000 from the general fund to the state lottery fund, VLT
32 education account (20904), as reimbursement for disbursements made from
33 such fund for supplemental aid to education pursuant to section 92-c of
34 the state finance law that are in excess of the amounts deposited in
35 such fund for such purposes pursuant to section 1612 of the tax law.
36 3. Moneys from the state lottery fund up to an amount deposited in
37 such fund pursuant to section 1612 of the tax law in excess of the
38 current year appropriation for supplemental aid to education pursuant to
39 section 92-c of the state finance law.
40 4. $300,000 from the local government records management improvement
41 fund (20500) to the archives partnership trust fund (20350).
42 5. $900,000 from the general fund to the miscellaneous special revenue
43 fund, Batavia school for the blind account (22032).
44 6. $900,000 from the general fund to the miscellaneous special revenue
45 fund, Rome school for the deaf account (22053).
46 7. $343,400,000 from the state university dormitory income fund
47 (40350) to the miscellaneous special revenue fund, state university
48 dormitory income reimbursable account (21937).
49 8. $24,000,000 from any of the state education department special
50 revenue and internal service funds to the miscellaneous special revenue
51 fund, indirect cost recovery account (21978).
52 9. $8,318,000 from the general fund to the state university income
53 fund, state university income offset account (22654), for the state's
54 share of repayment of the STIP loan.
55 10. $64,000,000 from the state university income fund, state universi-
56 ty hospitals income reimbursable account (22656) to the general fund for
S. 6355 59 A. 8555
1 hospital debt service for the period April 1, 2014 through March 31,
2 2015.
3 Environmental Affairs:
4 1. $16,000,000 from any of the department of environmental conserva-
5 tion's special revenue federal funds to the environmental conservation
6 special revenue fund, federal indirect recovery account (21065).
7 2. $2,000,000 from any of the department of environmental conserva-
8 tion's special revenue federal funds to the conservation fund as neces-
9 sary to avoid diversion of conservation funds.
10 3. $3,000,000 from any of the office of parks, recreation and historic
11 preservation capital projects federal funds and special revenue federal
12 funds to the miscellaneous special revenue fund, federal grant indirect
13 cost recovery account (22188).
14 4. $1,000,000 from any of the office of parks, recreation and historic
15 preservation special revenue federal funds to the miscellaneous special
16 revenue fund, I love NY water account (21930).
17 Family Assistance:
18 1. $10,000,000 from any of the office of children and family services,
19 office of temporary and disability assistance, or department of health
20 special revenue federal funds and the general fund, in accordance with
21 agreements with social services districts, to the miscellaneous special
22 revenue fund, office of human resources development state match account
23 (21967).
24 2. $3,000,000 from any of the office of children and family services
25 or office of temporary and disability assistance special revenue federal
26 funds to the miscellaneous special revenue fund, family preservation and
27 support services and family violence services account (22082).
28 3. $18,670,000 from any of the office of children and family services,
29 office of temporary and disability assistance, or department of health
30 special revenue federal funds and any other miscellaneous revenues
31 generated from the operation of office of children and family services
32 programs to the general fund.
33 4. $140,000,000 from any of the office of temporary and disability
34 assistance or department of health special revenue funds to the general
35 fund.
36 5. $2,500,000 from any of the office of temporary and disability
37 assistance or office of children and family services special revenue
38 federal funds to the miscellaneous special revenue fund, office of
39 temporary and disability assistance program account (21980).
40 6. $35,000,000 from any of the office of children and family services,
41 office of temporary and disability assistance, department of labor, and
42 department of health special revenue federal funds to the office of
43 children and family services miscellaneous special revenue fund, multi-
44 agency training contract account (21989).
45 7. $122,000,000 from the miscellaneous special revenue fund, youth
46 facility per Diem account (22186), to the general fund.
47 8. $621,850 from the general fund to the combined gifts, grants, and
48 bequests fund, WB Hoyt Memorial account (20128).
49 9. $2,500,000 from the miscellaneous special revenue fund, state
50 central registry (22028) to the general fund.
51 General Government:
52 1. $1,566,000 from the miscellaneous special revenue fund, examination
53 and miscellaneous revenue account (22065) to the general fund.
54 2. $12,500,000 from the general fund to the health insurance revolving
55 fund (55300).
S. 6355 60 A. 8555
1 3. $192,400,000 from the health insurance reserve receipts fund
2 (60550) to the general fund.
3 4. $150,000 from the general fund to the not-for-profit revolving loan
4 fund (20650).
5 5. $150,000 from the not-for-profit revolving loan fund (20650) to the
6 general fund.
7 6. $30,000,000 from the miscellaneous special revenue fund, real prop-
8 erty disposition account (22006), to the general fund.
9 7. $3,000,000 from the miscellaneous special revenue fund, surplus
10 property account (22036), to the general fund.
11 8. $19,900,000 from the general fund to the miscellaneous special
12 revenue fund, alcoholic beverage control account (22033).
13 9. $23,000,000 from the miscellaneous special revenue fund, revenue
14 arrearage account (22024), to the general fund.
15 10. $1,826,000 from the miscellaneous special revenue fund, revenue
16 arrearage account (22024), to the miscellaneous special revenue fund,
17 authority budget office account (22138).
18 11. $1,000,000 from the miscellaneous special revenue fund, parking
19 services account (22007), to the general fund, for the purpose of reim-
20 bursing the costs of debt service related to state parking facilities.
21 12. $21,800,000 from the general fund to the internal service fund,
22 COPS account (55013).
23 13. $14,000,000 from the general fund to the agencies internal service
24 fund, central technology services account (55069), for the purpose of
25 enterprise technology projects.
26 Health:
27 1. $64,600,000 from the miscellaneous special revenue fund, quality of
28 care account (21915) to the general fund.
29 2. $1,000,000 from the general fund to the combined gifts, grants and
30 bequests fund, breast cancer research and education account (20155), an
31 amount equal to the monies collected and deposited into that account in
32 the previous fiscal year.
33 3. $1,464,000 from any of the department of health accounts within the
34 federal health and human services fund to the department of health
35 miscellaneous special revenue fund, statewide planning and research
36 cooperation system (SPARCS) program account (21902).
37 4. $250,000 from the general fund to the combined gifts, grants and
38 bequests fund, prostate cancer research, detection, and education
39 account (20183), an amount equal to the moneys collected and deposited
40 into that account in the previous fiscal year.
41 5. $500,000 from the general fund to the combined gifts, grants and
42 bequests fund, Alzheimer's disease research and assistance account
43 (20143), an amount equal to the moneys collected and deposited into that
44 account in the previous fiscal year.
45 6. $26,527,000 from the HCRA resources fund (20800), to the miscella-
46 neous special revenue fund, empire state stem cell trust fund account
47 (22161).
48 7. $11,373,000 from the general fund to the miscellaneous special
49 revenue fund, empire state stem cell trust fund (22161).
50 8. $64,600,000 from any of the department of health accounts within
51 the federal health and human services fund to the miscellaneous special
52 revenue fund, quality of care account (21915).
53 9. $4,000,000 from the miscellaneous special revenue fund, certificate
54 of need account (21920), to the miscellaneous capital projects fund,
55 healthcare IT capital subfund.
S. 6355 61 A. 8555
1 10. $3,000,000 from the miscellaneous special revenue fund, adminis-
2 tration program account (21982), to the miscellaneous capital projects
3 fund, healthcare IT capital subfund.
4 11. $3,000,000 from the miscellaneous special revenue fund, vital
5 records account (22103), to the miscellaneous capital projects fund,
6 healthcare IT capital subfund.
7 12. $65,000,000 from the HCRA resources fund (20800) to the capital
8 projects fund (30000), for the purpose of funding the statewide health
9 information network for New York and the all payers claims database.
10 Labor:
11 1. $400,000 from the miscellaneous special revenue fund, DOL fee and
12 penalty account (21923), to the child performer's protection fund, child
13 performer protection account (20401).
14 2. $8,400,000 from the miscellaneous special revenue fund, DOL fee and
15 penalty account (21923), to the general fund.
16 3. $3,300,000 from the unemployment insurance interest and penalty
17 fund, unemployment insurance special interest and penalty account
18 (23601), to the general fund.
19 Mental Hygiene:
20 1. $10,000,000 from the miscellaneous special revenue fund, mental
21 hygiene patient income account (21909), to the miscellaneous special
22 revenue fund, federal salary sharing account (22056).
23 2. $100,000,000 from the miscellaneous special revenue fund, mental
24 hygiene patient income account (21909), to the miscellaneous special
25 revenue fund, provider of service accounts (21903).
26 3. $100,000,000 from the miscellaneous special revenue fund, mental
27 hygiene program fund account (21907), to the miscellaneous special
28 revenue fund, provider of service account (21903).
29 4. $1,250,000,000 from the general fund to the miscellaneous special
30 revenue fund, mental hygiene patient income account (21909).
31 5. $1,600,000,000 from the general fund to the miscellaneous special
32 revenue fund, mental hygiene program fund account (21907).
33 6. $100,000,000 from the miscellaneous special revenue fund, mental
34 hygiene program fund account (21907), to the general fund.
35 7. $100,000,000 from the miscellaneous special revenue fund, mental
36 hygiene patient income account (21909), to the general fund.
37 Public Protection:
38 1. $1,350,000 from the miscellaneous special revenue fund, emergency
39 management account (21944), to the general fund.
40 2. $3,300,000 from the general fund to the miscellaneous special
41 revenue fund, recruitment incentive account (22171).
42 3. $13,000,000 from the general fund to the correctional industries
43 revolving fund, correctional industries internal service account
44 (55350).
45 4. $12,000,000 from the federal miscellaneous operating grants fund,
46 DMNA damage account (25324), to the general fund.
47 5. $14,300,000 from the general fund to the miscellaneous special
48 revenue fund, crimes against revenue program account (22015).
49 6. $9,100,000 from the miscellaneous special revenue fund, criminal
50 justice improvement account (21945), to the general fund.
51 7. $50,000,000 from the miscellaneous special revenue fund, statewide
52 public safety communications account (22123), to the general fund.
53 8. $106,000,000 from the state police motor vehicle law enforcement
54 and motor vehicle theft and insurance fraud prevention fund, state
55 police motor vehicle enforcement account (22802), to the general fund
56 for state operation expenses of the division of state police.
S. 6355 62 A. 8555
1 9. $21,500,000 from the general fund to the correctional facilities
2 capital improvement fund (32350).
3 10. $5,000,000 from the general fund to the dedicated highway and
4 bridge trust fund (30050) for the purpose of work zone safety activities
5 provided by the division of state police for the department of transpor-
6 tation.
7 11. $5,000,000 from the miscellaneous special revenue fund, statewide
8 public safety communications account (22123), to the capital projects
9 fund (30000).
10 12. $2,000,000 from the miscellaneous special revenue fund, legal
11 services assistance account (22096), to the general fund.
12 Transportation:
13 1. $17,672,000 from the federal miscellaneous operating grants fund to
14 the miscellaneous special revenue fund, New York Metropolitan Transpor-
15 tation Council account (21913).
16 2. $20,147,000 from the federal capital projects fund to the miscella-
17 neous special revenue fund, New York Metropolitan Transportation Council
18 account (21913).
19 3. $15,700,000 from the miscellaneous special revenue fund, compulsory
20 insurance account (22087), to the general fund.
21 4. $12,000,000 from the general fund to the mass transportation oper-
22 ating assistance fund, public transportation systems operating assist-
23 ance account (21401).
24 5. $662,483,000 from the general fund to the dedicated highway and
25 bridge trust fund (30050).
26 6. $606,000 from the miscellaneous special revenue fund, accident
27 prevention course program account (22094), to the general fund.
28 7. $6,000 from the miscellaneous special revenue fund, motorcycle
29 safety account (21976), to the general fund.
30 8. $309,250,000 from the general fund to the MTA financial assistance
31 fund, mobility tax trust account (23651).
32 9. $40,000,000 from the mass transportation operating assistance fund,
33 metropolitan mass transportation operating assistance account (21402),
34 to the general debt service fund (40150), for reimbursement of the
35 state's expenses in connection with payments of debt service and related
36 expenses for the metropolitan transportation authority's state service
37 contract bonds.
38 10. $2,500,000 from the miscellaneous special revenue fund, rail safe-
39 ty inspection account (21983) to the dedicated highway and bridge trust
40 fund (30050).
41 11. $5,000,000 from the miscellaneous special revenue fund, transpor-
42 tation regulation account (22067) to the dedicated highway and bridge
43 trust fund (30050), for disbursements made from such fund for motor
44 carrier safety that are in excess of the amounts deposited in the dedi-
45 cated highway and bridge trust fund (30050) for such purpose pursuant to
46 section 94 of the transportation law.
47 Miscellaneous:
48 1. $150,000,000 from the general fund to any funds or accounts for the
49 purpose of reimbursing certain outstanding accounts receivable balances.
50 2. $500,000,000 from the general fund to the debt reduction reserve
51 fund (40000).
52 3. $450,000,000 from the New York state storm recovery capital fund
53 (33000) to the revenue bond tax fund (40152).
54 4. $15,500,000 from the general fund, community projects account GG
55 (10256), to the general fund, state purposes account (10050).
S. 6355 63 A. 8555
1 S 3. Notwithstanding any law to the contrary, and in accordance with
2 section 4 of the state finance law, the comptroller is hereby authorized
3 and directed to transfer, on or before March 31, 2015:
4 1. Upon request of the commissioner of environmental conservation, up
5 to $11,283,800 from revenues credited to any of the department of envi-
6 ronmental conservation special revenue funds, including $3,275,400 from
7 the environmental protection and oil spill compensation fund (21200),
8 and $1,773,600 from the conservation fund (21150), to the environmental
9 conservation special revenue fund, indirect charges account (21060).
10 2. Upon request of the commissioner of agriculture and markets, up to
11 $3,000,000 from any special revenue fund or enterprise fund within the
12 department of agriculture and markets to the general fund, to pay appro-
13 priate administrative expenses.
14 3. Upon request of the commissioner of agriculture and markets, up to
15 $2,000,000 from the state exposition special fund, state fair receipts
16 account (50051) to the miscellaneous capital projects fund, state fair
17 capital improvement account (32208).
18 4. Upon request of the commissioner of the division of housing and
19 community renewal, up to $6,221,000 from revenues credited to any divi-
20 sion of housing and community renewal federal or miscellaneous special
21 revenue fund to the miscellaneous special revenue fund, housing indirect
22 cost recovery account (22090).
23 5. Upon request of the commissioner of the division of housing and
24 community renewal, up to $5,500,000 may be transferred from any miscel-
25 laneous special revenue fund account, to any miscellaneous special
26 revenue fund.
27 6. Upon request of the commissioner of health up to $5,000,000 from
28 revenues credited to any of the department of health's special revenue
29 funds, to the miscellaneous special revenue fund, administration account
30 (21982).
31 S 3-a. Employees of the division of military and naval affairs in the
32 unclassified service of the state, who are substantially engaged in the
33 performance of duties to support business and financial services, admin-
34 istrative services, payroll administration, time and attendance, benefit
35 administration and other transactional human resources functions, may be
36 transferred to the office of general services in accordance with the
37 provisions of section 45 of the civil service law as if the state had
38 taken over a private entity. No employee who is transferred pursuant to
39 this act shall suffer a reduction in basic annual salary as a result of
40 the transfer.
41 S 4. Notwithstanding section 2815 of the public health law or any
42 other contrary provision of law, upon the direction of the director of
43 the budget and the commissioner of health, the dormitory authority of
44 the state of New York is directed to transfer $7,000,000 annually from
45 funds available and uncommitted in the New York state health care
46 restructuring pool to the health care reform act (HCRA) resources fund -
47 HCRA resources account.
48 S 5. On or before March 31, 2015, the comptroller is hereby authorized
49 and directed to deposit earnings that would otherwise accrue to the
50 general fund that are attributable to the operation of section 98-a of
51 the state finance law, to the agencies internal service fund, banking
52 services account (55057), for the purpose of meeting direct payments
53 from such account.
54 S 6. Notwithstanding any law to the contrary, upon the direction of
55 the director of the budget and upon requisition by the state university
56 of New York, the dormitory authority of the state of New York is
S. 6355 64 A. 8555
1 directed to transfer, up to $22,000,000 in revenues generated from the
2 sale of notes or bonds, to the state university of New York for
3 reimbursement of bondable equipment for further transfer to the state's
4 general fund.
5 S 7. Notwithstanding any law to the contrary, and in accordance with
6 section 4 of the state finance law, the comptroller is hereby authorized
7 and directed to transfer, upon request of the director of the budget and
8 upon consultation with the state university chancellor or his or her
9 designee, on or before March 31, 2015, up to $16,000,000 from the state
10 university income fund general revenue account (22653) to the state
11 general fund for debt service costs related to campus supported capital
12 project costs for the NY-SUNY 2020 challenge grant program at the
13 University at Buffalo.
14 S 8. Notwithstanding any law to the contrary, and in accordance with
15 section 4 of the state finance law, the comptroller is hereby authorized
16 and directed to transfer, upon request of the director of the budget and
17 upon consultation with the state university chancellor or his or her
18 designee, on or before March 31, 2015, up to $6,500,000 from the state
19 university income fund general revenue account (22653) to the state
20 general fund for debt service costs related to campus supported capital
21 project costs for the NY-SUNY 2020 challenge grant program at the
22 University at Albany.
23 S 9. Notwithstanding any law to the contrary, the state university
24 chancellor or his or her designee is authorized and directed to transfer
25 estimated tuition revenue balances from the state university collection
26 fund (61000) to the state university income fund, state university
27 general revenue offset account (22655) on or before March 31, 2015.
28 S 10. Notwithstanding any law to the contrary, and in accordance with
29 section 4 of the state finance law, the comptroller is hereby authorized
30 and directed to transfer, upon request of the director of the budget, up
31 to $69,264,000 from the general fund to the state university income
32 fund, state university hospitals income reimbursable account (22656)
33 during the period July 1, 2014 through June 30, 2015 to reflect ongoing
34 state subsidy of SUNY hospitals and to pay costs attributable to the
35 SUNY hospitals' state agency status.
36 S 11. Notwithstanding any law to the contrary, and in accordance with
37 section 4 of the state finance law, the comptroller is hereby authorized
38 and directed to transfer, upon request of the director of the budget, up
39 to $969,050,300 from the general fund to the state university income
40 fund, state university general revenue offset account (22655) during the
41 period of July 1, 2014 through June 30, 2015 to support operations at
42 the state university.
43 S 12. Notwithstanding any law to the contrary, and in accordance with
44 section 4 of the state finance law, the comptroller is hereby authorized
45 and directed to transfer, upon request of the state university chancel-
46 lor or his or her designee, up to $50,000,000 from the state university
47 income fund, state university hospitals income reimbursable account
48 (22656), for services and expenses of hospital operations and capital
49 expenditures at the state university hospitals; and the state university
50 income fund, Long Island veterans' home account (22652) to the state
51 university capital projects fund (32400) on or before June 30, 2015.
52 S 13. Notwithstanding any law to the contrary, and in accordance with
53 section 4 of the state finance law, the comptroller, after consultation
54 with the state university chancellor or his or her designee, is hereby
55 authorized and directed to transfer moneys, in the first instance, from
56 the state university collection fund, Stony Brook hospital collection
S. 6355 65 A. 8555
1 account (61006), Brooklyn hospital collection account (61007), and Syra-
2 cuse hospital collection account (61008) to the state university income
3 fund, state university hospitals income reimbursable account (22656) in
4 the event insufficient funds are available in the state university
5 income fund, state university hospitals income reimbursable account
6 (22656) to permit the full transfer of moneys authorized for transfer,
7 to the general fund for payment of debt service related to the SUNY
8 hospitals. Notwithstanding any law to the contrary, the comptroller is
9 also hereby authorized and directed, after consultation with the state
10 university chancellor or his or her designee, to transfer moneys from
11 the state university income fund to the state university income fund,
12 state university hospitals income reimbursable account (22656) in the
13 event insufficient funds are available in the state university income
14 fund, state university hospitals income reimbursable account (22656) to
15 pay hospital operating costs or to permit the full transfer of moneys
16 authorized for transfer, to the general fund for payment of debt service
17 related to the SUNY hospitals on or before March 31, 2015.
18 S 14. Notwithstanding any law to the contrary, upon the direction of
19 the director of the budget and the chancellor of the state university of
20 New York or his or her designee, and in accordance with section 4 of the
21 state finance law, the comptroller is hereby authorized and directed to
22 transfer monies from the state university dormitory income fund (40350)
23 to the state university residence hall rehabilitation fund (30100), and
24 from the state university residence hall rehabilitation fund (30100) to
25 the state university dormitory income fund (40350), in an amount not to
26 exceed in the aggregate $80 million.
27 S 15. Notwithstanding any law to the contrary, and in accordance with
28 section 4 of the state finance law, the comptroller is hereby authorized
29 and directed to transfer monies, upon request of the director of the
30 budget, on or before March 31, 2015, from and to any of the following
31 accounts: the miscellaneous special revenue fund, patient income account
32 (21909), the miscellaneous special revenue fund, mental hygiene program
33 fund account (21907), the miscellaneous special revenue fund, federal
34 salary sharing account (22056) or the general fund in any combination,
35 the aggregate of which shall not exceed $350 million.
36 S 16. Notwithstanding any law to the contrary, and in accordance with
37 section 4 of the state finance law, the comptroller is hereby authorized
38 and directed to transfer, at the request of the director of the budget,
39 up to $500 million from the unencumbered balance of any special revenue
40 fund or account, or combination of funds and accounts, to the general
41 fund. The amounts transferred pursuant to this authorization shall be in
42 addition to any other transfers expressly authorized in the 2014-15
43 budget. Transfers from federal funds, debt service funds, capital
44 projects funds, the community projects fund, or funds that would result
45 in the loss of eligibility for federal benefits or federal funds pursu-
46 ant to federal law, rule, or regulation as assented to in chapter 683 of
47 the laws of 1938 and chapter 700 of the laws of 1951 are not permitted
48 pursuant to this authorization. Prior to initiating transfers pursuant
49 to this authorization, the director of the budget shall notify both
50 houses of the legislature in writing of any subfund account for which
51 use of this transfer authorization would exceed $2.5 million.
52 S 17. Notwithstanding any law to the contrary, and in accordance with
53 section 4 of the state finance law, the comptroller is hereby authorized
54 and directed to transfer, at the request of the director of the budget,
55 up to $100 million from any non-general fund or account, or combination
56 of funds and accounts, to the miscellaneous special revenue fund, tech-
S. 6355 66 A. 8555
1 nology financing account (22207) or the miscellaneous capital projects
2 fund, information technology capital financing account, for the purpose
3 of consolidating technology procurement and services. The amounts
4 transferred to the miscellaneous special revenue fund, technology
5 financing account (22207) pursuant to this authorization shall be equal
6 to or less than the amount of such monies intended to support informa-
7 tion technology costs which are attributable, according to a plan, to
8 such account made in pursuance to an appropriation by law. Transfers to
9 the technology financing account shall be completed from amounts
10 collected by non-general funds or accounts pursuant to a fund deposit
11 schedule or permanent statute, and shall be transferred to the technolo-
12 gy financing account pursuant to a schedule agreed upon by the affected
13 agency commissioner. Transfers from funds that would result in the loss
14 of eligibility for federal benefits or federal funds pursuant to federal
15 law, rule, or regulation as assented to in chapter 683 of the laws of
16 1938 and chapter 700 of the laws of 1951 are not permitted pursuant to
17 this authorization.
18 S 18. Notwithstanding any law to the contrary, and in accordance with
19 section 4 of the state finance law, the comptroller is hereby authorized
20 and directed to transfer, at the request of the director of the budget,
21 up to $300 million from any non-general fund or account, or combination
22 of funds and accounts, to the general fund for the purpose of consol-
23 idating technology procurement and services. The amounts transferred
24 pursuant to this authorization shall be equal to or less than the amount
25 of such monies intended to support information technology costs which
26 are attributable, according to a plan, to such account made in pursuance
27 to an appropriation by law. Transfers to the general fund shall be
28 completed from amounts collected by non-general funds or accounts pursu-
29 ant to a fund deposit schedule. Transfers from funds that would result
30 in the loss of eligibility for federal benefits or federal funds pursu-
31 ant to federal law, rule, or regulation as assented to in chapter 683 of
32 the laws of 1938 and chapter 700 of the laws of 1951 are not permitted
33 pursuant to this authorization.
34 S 19. Notwithstanding any provision of law to the contrary, as deemed
35 feasible and advisable by its trustees, the power authority of the state
36 of New York is authorized and directed to (i) make a contribution to the
37 state treasury to the credit of the general fund, or as otherwise
38 directed in writing by the director of the budget, in an amount of up to
39 $90,000,000 for the state fiscal year commencing April 1, 2014, the
40 proceeds of which will be utilized to support energy-related initiatives
41 of the state or for economic development purposes, and (ii) transfer up
42 to $25,000,000 of any such contribution by June 30, 2014 and the remain-
43 der of any such contribution by March 31, 2015.
44 S 20. Subdivision 5 of section 97-rrr of the state finance law, as
45 amended by section 20 of part HH of chapter 57 of the laws of 2013, is
46 amended to read as follows:
47 5. Notwithstanding the provisions of section one hundred seventy-one-a
48 of the tax law, as separately amended by chapters four hundred eighty-
49 one and four hundred eighty-four of the laws of nineteen hundred eight-
50 y-one, and notwithstanding the provisions of chapter ninety-four of the
51 laws of two thousand eleven, or any other provisions of law to the
52 contrary, during the fiscal year beginning April first, two thousand
53 [thirteen] FOURTEEN, the state comptroller is hereby authorized and
54 directed to deposit to the fund created pursuant to this section from
55 amounts collected pursuant to article twenty-two of the tax law and
56 pursuant to a schedule submitted by the director of the budget, up to
S. 6355 67 A. 8555
1 [$3,419,375,000] $3,429,375,000, as may be certified in such schedule as
2 necessary to meet the purposes of such fund for the fiscal year begin-
3 ning April first, two thousand [thirteen] FOURTEEN.
4 S 21. The comptroller is authorized and directed to deposit to the
5 general fund-state purposes account reimbursements from moneys appropri-
6 ated or reappropriated to the correctional facilities capital improve-
7 ment fund by a chapter of the laws of 2014. Reimbursements shall be
8 available for spending from appropriations made to the department of
9 corrections and community supervision in the general fund-state purposes
10 accounts by a chapter of the laws of 2014 for costs associated with the
11 administration and security of capital projects and for other costs
12 which are attributable, according to a plan, to such capital projects.
13 S 22. Subdivision 6 of section 4 of the state finance law, as amended
14 by section 18 of part U of chapter 59 of the laws of 2012, is amended to
15 read as follows:
16 6. Notwithstanding any law to the contrary, at the beginning of the
17 state fiscal year, the state comptroller is hereby authorized and
18 directed to receive for deposit to the credit of a fund and/or an
19 account such monies as are identified by the director of the budget as
20 having been intended for such deposit to support disbursements from such
21 fund and/or account made in pursuance of an appropriation by law. As
22 soon as practicable upon enactment of the budget, the director of the
23 budget shall, but not less than three days following preliminary
24 submission to the chairs of the senate finance committee and the assem-
25 bly ways and means committee, file with the state comptroller an iden-
26 tification of specific monies to be so deposited. Any subsequent change
27 regarding the monies to be so deposited shall be filed by the director
28 of the budget, as soon as practicable, but not less than three days
29 following preliminary submission to the chairs of the senate finance
30 committee and the assembly ways and means committee.
31 All monies identified by the director of the budget to be deposited to
32 the credit of a fund and/or account shall be consistent with the intent
33 of the budget for the then current state fiscal year as enacted by the
34 legislature.
35 [The provisions of this subdivision shall expire on March thirty-
36 first, two thousand fourteen.]
37 S 23. Subdivision 4 of section 40 of the state finance law, as amended
38 by section 19 of part U of chapter 59 of the laws of 2012, is amended to
39 read as follows:
40 4. Every appropriation made from a fund or account to a department or
41 agency shall be available for the payment of prior years' liabilities in
42 such fund or account for fringe benefits, indirect costs, and telecommu-
43 nications expenses and expenses for other centralized services fund
44 programs without limit. Every appropriation shall also be available for
45 the payment of prior years' liabilities other than those indicated
46 above, but only to the extent of one-half of one percent of the total
47 amount appropriated to a department or agency in such fund or account.
48 [The provisions of this subdivision shall expire March thirty-first,
49 two thousand fourteen.]
50 S 24. Notwithstanding any other law, rule, or regulation to the
51 contrary, the state comptroller is hereby authorized and directed to use
52 any balance remaining in the mental health services fund debt service
53 appropriation, after payment by the state comptroller of all obligations
54 required pursuant to any lease, sublease, or other financing arrangement
55 between the dormitory authority of the state of New York as successor to
56 the New York state medical care facilities finance agency, and the
S. 6355 68 A. 8555
1 facilities development corporation pursuant to chapter 83 of the laws of
2 1995 and the department of mental hygiene for the purpose of making
3 payments to the dormitory authority of the state of New York for the
4 amount of the earnings for the investment of monies deposited in the
5 mental health services fund that such agency determines will or may have
6 to be rebated to the federal government pursuant to the provisions of
7 the internal revenue code of 1986, as amended, in order to enable such
8 agency to maintain the exemption from federal income taxation on the
9 interest paid to the holders of such agency's mental services facilities
10 improvement revenue bonds. Annually on or before each June 30th, such
11 agency shall certify to the state comptroller its determination of the
12 amounts received in the mental health services fund as a result of the
13 investment of monies deposited therein that will or may have to be
14 rebated to the federal government pursuant to the provisions of the
15 internal revenue code of 1986, as amended.
16 S 25. Section 68-b of the state finance law is amended by adding a new
17 subdivision 12 to read as follows:
18 12. THE COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM THE AUTHOR-
19 IZED ISSUERS ANY PORTION OF BOND PROCEEDS PAID TO PROVIDE FUNDS FOR OR
20 REIMBURSE THE STATE FOR ITS COSTS ASSOCIATED WITH SUCH AUTHORIZED
21 PURPOSES AND TO CREDIT SUCH AMOUNTS TO THE CAPITAL PROJECTS FUND OR ANY
22 OTHER APPROPRIATE FUND.
23 S 26. Section 69-n of the state finance law is amended by adding a new
24 subdivision 12 to read as follows:
25 12. THE COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM THE AUTHOR-
26 IZED ISSUERS ANY PORTION OF BOND PROCEEDS PAID TO PROVIDE FUNDS FOR OR
27 REIMBURSE THE STATE FOR ITS COSTS ASSOCIATED WITH SUCH AUTHORIZED
28 PURPOSES AND TO CREDIT SUCH AMOUNTS TO THE CAPITAL PROJECTS FUND OR ANY
29 OTHER APPROPRIATE FUND.
30 S 27. Paragraph (b) of subdivision 4 of section 72 of the state
31 finance law, as amended by section 37 of part U of chapter 59 of the
32 laws of 2012, is amended to read as follows:
33 (b) On or before the beginning of each quarter, the director of the
34 budget may certify to the state comptroller the estimated amount of
35 monies that shall be reserved in the general debt service fund for the
36 payment of debt service and related expenses payable by such fund during
37 each month of the state fiscal year, excluding payments due from the
38 revenue bond tax fund. Such certificate may be periodically updated, as
39 necessary. Notwithstanding any provision of law to the contrary, the
40 state comptroller shall reserve in the general debt service fund the
41 amount of monies identified on such certificate as necessary for the
42 payment of debt service and related expenses during the current or next
43 succeeding quarter of the state fiscal year. Such monies reserved shall
44 not be available for any other purpose. Such certificate shall be
45 reported to the chairpersons of the Senate Finance Committee and the
46 Assembly Ways and Means Committee. [The provisions of this paragraph
47 shall expire June thirtieth, two thousand fourteen.]
48 S 28. Section 47 of section 1 of chapter 174 of the laws of 1968,
49 constituting the New York state urban development corporation act, as
50 added by section 47 of part HH of chapter 57 of the laws of 2013, is
51 amended to read as follows:
52 S 47. 1. Notwithstanding the provisions of any other law to the
53 contrary, the dormitory authority and the corporation are hereby author-
54 ized to issue bonds or notes in one or more series for the purpose of
55 funding project costs for the office of information technology services,
56 DEPARTMENT OF LAW, and other state costs associated with such capital
S. 6355 69 A. 8555
1 projects. The aggregate principal amount of bonds authorized to be
2 issued pursuant to this section shall not exceed [eighty-seven] ONE
3 HUNDRED EIGHTY-TWO million [seven] FOUR hundred forty thousand dollars,
4 excluding bonds issued to fund one or more debt service reserve funds,
5 to pay costs of issuance of such bonds, and bonds or notes issued to
6 refund or otherwise repay such bonds or notes previously issued. Such
7 bonds and notes of the dormitory authority and the corporation shall not
8 be a debt of the state, and the state shall not be liable thereon, nor
9 shall they be payable out of any funds other than those appropriated by
10 the state to the dormitory authority and the corporation for principal,
11 interest, and related expenses pursuant to a service contract and such
12 bonds and notes shall contain on the face thereof a statement to such
13 effect. Except for purposes of complying with the internal revenue code,
14 any interest income earned on bond proceeds shall only be used to pay
15 debt service on such bonds.
16 2. Notwithstanding any other provision of law to the contrary, in
17 order to assist the dormitory authority and the corporation in undertak-
18 ing the financing for project costs for the office of information tech-
19 nology services, DEPARTMENT OF LAW, and other state costs associated
20 with such capital projects, the director of the budget is hereby author-
21 ized to enter into one or more service contracts with the dormitory
22 authority and the corporation, none of which shall exceed thirty years
23 in duration, upon such terms and conditions as the director of the budg-
24 et and the dormitory authority and the corporation agree, so as to annu-
25 ally provide to the dormitory authority and the corporation, in the
26 aggregate, a sum not to exceed the principal, interest, and related
27 expenses required for such bonds and notes. Any service contract entered
28 into pursuant to this section shall provide that the obligation of the
29 state to pay the amount therein provided shall not constitute a debt of
30 the state within the meaning of any constitutional or statutory
31 provision and shall be deemed executory only to the extent of monies
32 available and that no liability shall be incurred by the state beyond
33 the monies available for such purpose, subject to annual appropriation
34 by the legislature. Any such contract or any payments made or to be made
35 thereunder may be assigned and pledged by the dormitory authority and
36 the corporation as security for its bonds and notes, as authorized by
37 this section.
38 S 29. Subdivision 1 of section 16 of part D of chapter 389 of the laws
39 of 1997, relating to the financing of the correctional facilities
40 improvement fund and the youth facility improvement fund, as amended by
41 section 49 of part HH of chapter 57 of the laws of 2013, is amended to
42 read as follows:
43 1. Subject to the provisions of chapter 59 of the laws of 2000, but
44 notwithstanding the provisions of section 18 of section 1 of chapter 174
45 of the laws of 1968, the New York state urban development corporation is
46 hereby authorized to issue bonds, notes and other obligations in an
47 aggregate principal amount not to exceed seven billion one hundred
48 [thirty-three] FORTY-EIGHT million sixty-nine thousand dollars
49 [$7,133,069,000] $7,148,069,000, and shall include all bonds, notes and
50 other obligations issued pursuant to chapter 56 of the laws of 1983, as
51 amended or supplemented. The proceeds of such bonds, notes or other
52 obligations shall be paid to the state, for deposit in the correctional
53 facilities capital improvement fund to pay for all or any portion of the
54 amount or amounts paid by the state from appropriations or reappropri-
55 ations made to the department of corrections and community supervision
56 from the correctional facilities capital improvement fund for capital
S. 6355 70 A. 8555
1 projects. The aggregate amount of bonds, notes or other obligations
2 authorized to be issued pursuant to this section shall exclude bonds,
3 notes or other obligations issued to refund or otherwise repay bonds,
4 notes or other obligations theretofore issued, the proceeds of which
5 were paid to the state for all or a portion of the amounts expended by
6 the state from appropriations or reappropriations made to the department
7 of corrections and community supervision; provided, however, that upon
8 any such refunding or repayment the total aggregate principal amount of
9 outstanding bonds, notes or other obligations may be greater than seven
10 billion one hundred [thirty-three] FORTY-EIGHT million sixty-nine thou-
11 sand dollars [$7,133,069,000] $7,148,069,000, only if the present value
12 of the aggregate debt service of the refunding or repayment bonds, notes
13 or other obligations to be issued shall not exceed the present value of
14 the aggregate debt service of the bonds, notes or other obligations so
15 to be refunded or repaid. For the purposes hereof, the present value of
16 the aggregate debt service of the refunding or repayment bonds, notes or
17 other obligations and of the aggregate debt service of the bonds, notes
18 or other obligations so refunded or repaid, shall be calculated by
19 utilizing the effective interest rate of the refunding or repayment
20 bonds, notes or other obligations, which shall be that rate arrived at
21 by doubling the semi-annual interest rate (compounded semi-annually)
22 necessary to discount the debt service payments on the refunding or
23 repayment bonds, notes or other obligations from the payment dates ther-
24 eof to the date of issue of the refunding or repayment bonds, notes or
25 other obligations and to the price bid including estimated accrued
26 interest or proceeds received by the corporation including estimated
27 accrued interest from the sale thereof.
28 S 30. Paragraph (a) of subdivision 2 of section 47-e of the private
29 housing finance law, as amended by section 50 of part HH of chapter 57
30 of the laws of 2013, is amended to read as follows:
31 (a) Subject to the provisions of chapter fifty-nine of the laws of two
32 thousand, in order to enhance and encourage the promotion of housing
33 programs and thereby achieve the stated purposes and objectives of such
34 housing programs, the agency shall have the power and is hereby author-
35 ized from time to time to issue negotiable housing program bonds and
36 notes in such principal amount as shall be necessary to provide suffi-
37 cient funds for the repayment of amounts disbursed (and not previously
38 reimbursed) pursuant to law or any prior year making capital appropri-
39 ations or reappropriations for the purposes of the housing program;
40 provided, however, that the agency may issue such bonds and notes in an
41 aggregate principal amount not exceeding two billion [eight hundred
42 forty-four] NINE HUNDRED NINETY-NINE million [eight hundred] ninety-nine
43 thousand dollars, plus a principal amount of bonds issued to fund the
44 debt service reserve fund in accordance with the debt service reserve
45 fund requirement established by the agency and to fund any other
46 reserves that the agency reasonably deems necessary for the security or
47 marketability of such bonds and to provide for the payment of fees and
48 other charges and expenses, including underwriters' discount, trustee
49 and rating agency fees, bond insurance, credit enhancement and liquidity
50 enhancement related to the issuance of such bonds and notes. No reserve
51 fund securing the housing program bonds shall be entitled or eligible to
52 receive state funds apportioned or appropriated to maintain or restore
53 such reserve fund at or to a particular level, except to the extent of
54 any deficiency resulting directly or indirectly from a failure of the
55 state to appropriate or pay the agreed amount under any of the contracts
56 provided for in subdivision four of this section.
S. 6355 71 A. 8555
1 S 31. Subdivision (b) of section 11 of chapter 329 of the laws of
2 1991, amending the state finance law and other laws relating to the
3 establishment of the dedicated highway and bridge trust fund, as amended
4 by section 51 of part HH of chapter 57 of the laws of 2013, is amended
5 to read as follows:
6 (b) Any service contract or contracts for projects authorized pursuant
7 to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
8 14-k of the transportation law, and entered into pursuant to subdivision
9 (a) of this section, shall provide for state commitments to provide
10 annually to the thruway authority a sum or sums, upon such terms and
11 conditions as shall be deemed appropriate by the director of the budget,
12 to fund, or fund the debt service requirements of any bonds or any obli-
13 gations of the thruway authority issued to fund OR TO REIMBURSE THE
14 STATE FOR FUNDING such projects having a cost not in excess of
15 [$7,591,875,000] $8,080,728,000 cumulatively by the end of fiscal year
16 [2013-14] 2014-15.
17 S 32. Subdivision 1 of section 1689-i of the public authorities law,
18 as amended by section 52 of part HH of chapter 57 of the laws of 2013,
19 is amended to read as follows:
20 1. The dormitory authority is authorized to issue bonds, at the
21 request of the commissioner of education, to finance eligible library
22 construction projects pursuant to section two hundred seventy-three-a of
23 the education law, in amounts certified by such commissioner not to
24 exceed a total principal amount of [one hundred twelve] ONE HUNDRED
25 TWENTY-SIX million dollars.
26 S 33. Subdivision (a) of section 27 of part Y of chapter 61 of the
27 laws of 2005, providing for the administration of certain funds and
28 accounts related to the 2005-2006 budget, as amended by section 53 of
29 part HH of chapter 57 of the laws of 2013, is amended to read as
30 follows:
31 (a) Subject to the provisions of chapter 59 of the laws of 2000, but
32 notwithstanding any provisions of law to the contrary, the urban devel-
33 opment corporation is hereby authorized to issue bonds or notes in one
34 or more series in an aggregate principal amount not to exceed
35 [$133,600,000] $149,600,000, excluding bonds issued to finance one or
36 more debt service reserve funds, to pay costs of issuance of such bonds,
37 and bonds or notes issued to refund or otherwise repay such bonds or
38 notes previously issued, for the purpose of financing capital projects
39 INCLUDING IT INITIATIVES for the division of state police, debt service
40 and leases; and to reimburse the state general fund for disbursements
41 made therefor. Such bonds and notes of such authorized issuer shall not
42 be a debt of the state, and the state shall not be liable thereon, nor
43 shall they be payable out of any funds other than those appropriated by
44 the state to such authorized issuer for debt service and related
45 expenses pursuant to any service contract executed pursuant to subdivi-
46 sion (b) of this section and such bonds and notes shall contain on the
47 face thereof a statement to such effect. Except for purposes of comply-
48 ing with the internal revenue code, any interest income earned on bond
49 proceeds shall only be used to pay debt service on such bonds.
50 S 34. Section 44 of section 1 of chapter 174 of the laws of 1968,
51 constituting the New York state urban development corporation act, as
52 amended by section 54 of part HH of chapter 57 of the laws of 2013, is
53 amended to read as follows:
54 S 44. Issuance of certain bonds or notes. 1. Notwithstanding the
55 provisions of any other law to the contrary, the dormitory authority and
56 the corporation are hereby authorized to issue bonds or notes in one or
S. 6355 72 A. 8555
1 more series for the purpose of funding project costs for the regional
2 economic development council initiative, the economic transformation
3 program, state university of New York college for nanoscale and science
4 engineering, projects within the city of Buffalo or surrounding envi-
5 rons, the New York works economic development fund, projects for the
6 retention of professional football in western New York, the empire state
7 economic [devlopment] DEVELOPMENT fund, THE CLARKSON-TRUDEAU PARTNER-
8 SHIP, THE NEW YORK GENOME CENTER, THE CORNELL UNIVERSITY COLLEGE OF
9 VETERINARY MEDICINE, THE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY, A
10 PROJECT AT NANO UTICA, ONONDAGA COUNTY REVITALIZATION PROJECTS, and
11 other state costs associated with such projects. The aggregate principal
12 amount of bonds authorized to be issued pursuant to this section shall
13 not exceed [one] TWO billion [three] ONE HUNDRED NINETY-FIVE million
14 [six] TWO hundred [seven] FIFTY-SEVEN thousand dollars, excluding bonds
15 issued to fund one or more debt service reserve funds, to pay costs of
16 issuance of such bonds, and bonds or notes issued to refund or otherwise
17 repay such bonds or notes previously issued. Such bonds and notes of the
18 dormitory authority and the corporation shall not be a debt of the
19 state, and the state shall not be liable thereon, nor shall they be
20 payable out of any funds other than those appropriated by the state to
21 the dormitory authority and the corporation for principal, interest, and
22 related expenses pursuant to a service contract and such bonds and notes
23 shall contain on the face thereof a statement to such effect. Except for
24 purposes of complying with the internal revenue code, any interest
25 income earned on bond proceeds shall only be used to pay debt service on
26 such bonds.
27 2. Notwithstanding any other provision of law to the contrary, in
28 order to assist the dormitory authority and the corporation in undertak-
29 ing the financing for project costs for the regional economic develop-
30 ment council initiative, the economic transformation program, state
31 university of New York college for nanoscale and science engineering,
32 projects within the city of Buffalo or surrounding environs, the New
33 York works economic development fund, projects for the retention of
34 professional football in western New York, the empire state economic
35 development fund, THE CLARKSON-TRUDEAU PARTNERSHIP, THE NEW YORK GENOME
36 CENTER, THE CORNELL UNIVERSITY COLLEGE OF VETERINARY MEDICINE, THE OLYM-
37 PIC REGIONAL DEVELOPMENT AUTHORITY, A PROJECT AT NANO UTICA, ONONDAGA
38 COUNTY REVITALIZATION PROJECTS, and other state costs associated with
39 such projects, the director of the budget is hereby authorized to enter
40 into one or more service contracts with the dormitory authority and the
41 corporation, none of which shall exceed thirty years in duration, upon
42 such terms and conditions as the director of the budget and the dormito-
43 ry authority and the corporation agree, so as to annually provide to the
44 dormitory authority and the corporation, in the aggregate, a sum not to
45 exceed the principal, interest, and related expenses required for such
46 bonds and notes. Any service contract entered into pursuant to this
47 section shall provide that the obligation of the state to pay the amount
48 therein provided shall not constitute a debt of the state within the
49 meaning of any constitutional or statutory provision and shall be deemed
50 executory only to the extent of monies available and that no liability
51 shall be incurred by the state beyond the monies available for such
52 purpose, subject to annual appropriation by the legislature. Any such
53 contract or any payments made or to be made thereunder may be assigned
54 and pledged by the dormitory authority and the corporation as security
55 for its bonds and notes, as authorized by this section.
S. 6355 73 A. 8555
1 S 35. Subdivision 3 of section 1285-p of the public authorities law,
2 as amended by section 55 of part HH of chapter 57 of the laws of 2013,
3 is amended to read as follows:
4 3. The maximum amount of bonds that may be issued for the purpose of
5 financing environmental infrastructure projects authorized by this
6 section shall be one billion [two] THREE hundred [sixty-five]
7 NINETY-EIGHT million [seven] TWO hundred sixty thousand dollars, exclu-
8 sive of bonds issued to fund any debt service reserve funds, pay costs
9 of issuance of such bonds, and bonds or notes issued to refund or other-
10 wise repay bonds or notes previously issued. Such bonds and notes of the
11 corporation shall not be a debt of the state, and the state shall not be
12 liable thereon, nor shall they be payable out of any funds other than
13 those appropriated by the state to the corporation for debt service and
14 related expenses pursuant to any service contracts executed pursuant to
15 subdivision one of this section, and such bonds and notes shall contain
16 on the face thereof a statement to such effect.
17 S 36. Section 93-a of the state finance law, as added by section 64 of
18 part HH of chapter 57 of the laws of 2013, is amended to read as
19 follows:
20 S 93-a. New York state storm recovery capital fund. 1. (a) There is
21 hereby established in the joint custody of the comptroller and the
22 commissioner of taxation and finance a special fund to be known as the
23 "New York state storm recovery capital fund".
24 (b) The sources of funds shall consist of all moneys collected there-
25 for, or moneys credited, appropriated or transferred thereto from any
26 other fund or source pursuant to law, or any other moneys made available
27 for the purposes of the fund. [Any interest received by the comptroller
28 on moneys on deposit shall be retained in and become a part of the fund,
29 unless otherwise directed by law.]
30 2. Following appropriation by the legislature, moneys in the storm
31 recovery capital fund shall be available [to finance] FOR the repair,
32 rehabilitation, or replacement of capital works or purposes damaged by
33 Hurricane Sandy or any future natural disaster expected to be eligible
34 for reimbursement by the Federal Emergency Management Agency (FEMA), the
35 Federal Transit Administration (FTA), the Federal Highway Administration
36 (FHWA) [and] AND/OR any other Federal reimbursement source. No money in
37 this account may be expended for any project [until] UNLESS the director
38 of the budget OR HIS OR HER DESIGNEE has determined that there is a
39 substantial likelihood that the costs of such project shall be [reim-
40 bursed] ELIGIBLE FOR REIMBURSEMENT by Federal sources. [The director
41 shall issue formal rules that set forth the process by which he or she
42 will determine whether there is a substantial likelihood of reimburse-
43 ment by Federal sources.]
44 S 37. Subdivision 1 of section 45 of section 1 of chapter 174 of the
45 laws of 1968, constituting the New York state urban development corpo-
46 ration act, as amended by section 65 of part HH of chapter 57 of the
47 laws of 2013, is amended to read as follows:
48 1. Notwithstanding the provisions of any other law to the contrary,
49 the urban development corporation of the state of New York is hereby
50 authorized to issue bonds or notes in one or more series for the purpose
51 of funding project costs for the implementation of a NY-SUNY and NY-CUNY
52 2020 challenge grant program subject to the approval of a NY-SUNY and
53 NY-CUNY 2020 plan or plans by the governor and either the chancellor of
54 the state university of New York or the chancellor of the city universi-
55 ty of New York, as applicable. The aggregate principal amount of bonds
56 authorized to be issued pursuant to this section shall not exceed
S. 6355 74 A. 8555
1 [$220,000,000] $330,000,000, excluding bonds issued to fund one or more
2 debt service reserve funds, to pay costs of issuance of such bonds, and
3 bonds or notes issued to refund or otherwise repay such bonds or notes
4 previously issued. Such bonds and notes of the corporation shall not be
5 a debt of the state, and the state shall not be liable thereon, nor
6 shall they be payable out of any funds other than those appropriated by
7 the state to the corporation for principal, interest, and related
8 expenses pursuant to a service contract and such bonds and notes shall
9 contain on the face thereof a statement to such effect. Except for
10 purposes of complying with the internal revenue code, any interest
11 income earned on bond proceeds shall only be used to pay debt service on
12 such bonds.
13 S 38. Subdivision (a) of section 48 of part K of chapter 81 of the
14 laws of 2002, providing for the administration of certain funds and
15 accounts related to the 2002-2003 budget, as amended by section 68 of
16 part HH of chapter 57 of the laws of 2013, is amended to read as
17 follows:
18 (a) Subject to the provisions of chapter 59 of the laws of 2000 but
19 notwithstanding the provisions of section 18 of the urban development
20 corporation act, the corporation is hereby authorized to issue bonds or
21 notes in one or more series in an aggregate principal amount not to
22 exceed [$67,000,000] $204,000,000 excluding bonds issued to fund one or
23 more debt service reserve funds, to pay costs of issuance of such bonds,
24 and bonds or notes issued to refund or otherwise repay such bonds or
25 notes previously issued, for the purpose of financing capital costs
26 related to homeland security and training facilities for the division of
27 state police, the division of military and naval affairs, and any other
28 state agency, including the reimbursement of any disbursements made from
29 the state capital projects fund, and is hereby authorized to issue bonds
30 or notes in one or more series in an aggregate principal amount not to
31 exceed [$220,800,000] $317,800,000, excluding bonds issued to fund one
32 or more debt service reserve funds, to pay costs of issuance of such
33 bonds, and bonds or notes issued to refund or otherwise repay such bonds
34 or notes previously issued, for the purpose of financing improvements to
35 State office buildings and other facilities located statewide, including
36 the reimbursement of any disbursements made from the state capital
37 projects fund. Such bonds and notes of the corporation shall not be a
38 debt of the state, and the state shall not be liable thereon, nor shall
39 they be payable out of any funds other than those appropriated by the
40 state to the corporation for debt service and related expenses pursuant
41 to any service contracts executed pursuant to subdivision (b) of this
42 section, and such bonds and notes shall contain on the face thereof a
43 statement to such effect.
44 S 39. Subdivision 1 of section 386-b of the public authorities law, as
45 amended by section 69 of part HH of chapter 57 of the laws of 2013, is
46 amended to read as follows:
47 1. Notwithstanding any other provision of law to the contrary, the
48 authority, the dormitory authority and the urban development corporation
49 are hereby authorized to issue bonds or notes in one or more series for
50 the purpose of financing peace bridge projects and capital costs of
51 state and local highways, parkways, bridges, the New York state thruway,
52 Indian reservation roads, and facilities, and transportation infrastruc-
53 ture projects including aviation projects, non-MTA mass transit
54 projects, and rail service preservation projects, including work appur-
55 tenant and ancillary thereto. The aggregate principal amount of bonds
56 authorized to be issued pursuant to this section shall not exceed [two]
S. 6355 75 A. 8555
1 FOUR hundred [forty] SIXTY-FIVE million dollars [($240,000,000)]
2 ($465,000,000), excluding bonds issued to fund one or more debt service
3 reserve funds, to pay costs of issuance of such bonds, and to refund or
4 otherwise repay such bonds or notes previously issued. Such bonds and
5 notes of the authority, the dormitory authority and the urban develop-
6 ment corporation shall not be a debt of the state, and the state shall
7 not be liable thereon, nor shall they be payable out of any funds other
8 than those appropriated by the state to the authority, the dormitory
9 authority and the urban development corporation for principal, interest,
10 and related expenses pursuant to a service contract and such bonds and
11 notes shall contain on the face thereof a statement to such effect.
12 Except for purposes of complying with the internal revenue code, any
13 interest income earned on bond proceeds shall only be used to pay debt
14 service on such bonds.
15 S 40. Paragraph (c) of subdivision 19 of section 1680 of the public
16 authorities law, as amended by section 69-a of part HH of chapter 57 of
17 the laws of 2013, is amended to read as follows:
18 (c) Subject to the provisions of chapter fifty-nine of the laws of two
19 thousand, the dormitory authority shall not issue any bonds for state
20 university educational facilities purposes if the principal amount of
21 bonds to be issued when added to the aggregate principal amount of bonds
22 issued by the dormitory authority on and after July first, nineteen
23 hundred eighty-eight for state university educational facilities will
24 exceed ten billion [four] NINE hundred [twenty-two] THIRTY-TWO million
25 dollars; provided, however, that bonds issued or to be issued shall be
26 excluded from such limitation if: (1) such bonds are issued to refund
27 state university construction bonds and state university construction
28 notes previously issued by the housing finance agency; or (2) such bonds
29 are issued to refund bonds of the authority or other obligations issued
30 for state university educational facilities purposes and the present
31 value of the aggregate debt service on the refunding bonds does not
32 exceed the present value of the aggregate debt service on the bonds
33 refunded thereby; provided, further that upon certification by the
34 director of the budget that the issuance of refunding bonds or other
35 obligations issued between April first, nineteen hundred ninety-two and
36 March thirty-first, nineteen hundred ninety-three will generate long
37 term economic benefits to the state, as assessed on a present value
38 basis, such issuance will be deemed to have met the present value test
39 noted above. For purposes of this subdivision, the present value of the
40 aggregate debt service of the refunding bonds and the aggregate debt
41 service of the bonds refunded, shall be calculated by utilizing the true
42 interest cost of the refunding bonds, which shall be that rate arrived
43 at by doubling the semi-annual interest rate (compounded semi-annually)
44 necessary to discount the debt service payments on the refunding bonds
45 from the payment dates thereof to the date of issue of the refunding
46 bonds to the purchase price of the refunding bonds, including interest
47 accrued thereon prior to the issuance thereof. The maturity of such
48 bonds, other than bonds issued to refund outstanding bonds, shall not
49 exceed the weighted average economic life, as certified by the state
50 university construction fund, of the facilities in connection with which
51 the bonds are issued, and in any case not later than the earlier of
52 thirty years or the expiration of the term of any lease, sublease or
53 other agreement relating thereto; provided that no note, including
54 renewals thereof, shall mature later than five years after the date of
55 issuance of such note. The legislature reserves the right to amend or
56 repeal such limit, and the state of New York, the dormitory authority,
S. 6355 76 A. 8555
1 the state university of New York, and the state university construction
2 fund are prohibited from covenanting or making any other agreements with
3 or for the benefit of bondholders which might in any way affect such
4 right.
5 S 41. Paragraph (c) of subdivision 14 of section 1680 of the public
6 authorities law, as amended by section 67 of part HH of chapter 57 of
7 the laws of 2013, is amended to read as follows:
8 (c) Subject to the provisions of chapter fifty-nine of the laws of two
9 thousand, (i) the dormitory authority shall not deliver a series of
10 bonds for city university community college facilities, except to refund
11 or to be substituted for or in lieu of other bonds in relation to city
12 university community college facilities pursuant to a resolution of the
13 dormitory authority adopted before July first, nineteen hundred eighty-
14 five or any resolution supplemental thereto, if the principal amount of
15 bonds so to be issued when added to all principal amounts of bonds
16 previously issued by the dormitory authority for city university commu-
17 nity college facilities, except to refund or to be substituted in lieu
18 of other bonds in relation to city university community college facili-
19 ties will exceed the sum of four hundred twenty-five million dollars and
20 (ii) the dormitory authority shall not deliver a series of bonds issued
21 for city university facilities, including community college facilities,
22 pursuant to a resolution of the dormitory authority adopted on or after
23 July first, nineteen hundred eighty-five, except to refund or to be
24 substituted for or in lieu of other bonds in relation to city university
25 facilities and except for bonds issued pursuant to a resolution supple-
26 mental to a resolution of the dormitory authority adopted prior to July
27 first, nineteen hundred eighty-five, if the principal amount of bonds so
28 to be issued when added to the principal amount of bonds previously
29 issued pursuant to any such resolution, except bonds issued to refund or
30 to be substituted for or in lieu of other bonds in relation to city
31 university facilities, will exceed [six] SEVEN billion [eight] ONE
32 hundred [fifty-three] TWENTY-SIX million [two] EIGHT hundred
33 TWENTY-EIGHT thousand dollars. The legislature reserves the right to
34 amend or repeal such limit, and the state of New York, the dormitory
35 authority, the city university, and the fund are prohibited from coven-
36 anting or making any other agreements with or for the benefit of bond-
37 holders which might in any way affect such right.
38 S 42. Subdivision 10-a of section 1680 of the public authorities law,
39 as amended by section 66 of part HH of chapter 57 of the laws of 2013,
40 is amended to read as follows:
41 10-a. Subject to the provisions of chapter fifty-nine of the laws of
42 two thousand, but notwithstanding any other provision of the law to the
43 contrary, the maximum amount of bonds and notes to be issued after March
44 thirty-first, two thousand two, on behalf of the state, in relation to
45 any locally sponsored community college, shall be six hundred [sixty-
46 three] NINETY-FIVE million ONE HUNDRED TWENTY-NINE THOUSAND dollars.
47 Such amount shall be exclusive of bonds and notes issued to fund any
48 reserve fund or funds, costs of issuance and to refund any outstanding
49 bonds and notes, issued on behalf of the state, relating to a locally
50 sponsored community college.
51 S 43. The public authorities law is amended by adding a new section
52 1680-r to read as follows:
53 S 1680-R. AUTHORIZATION FOR THE ISSUANCE OF BONDS FOR THE CAPITAL
54 RESTRUCTURING FINANCING PROGRAM. 1. NOTWITHSTANDING THE PROVISIONS OF
55 ANY OTHER LAW TO THE CONTRARY, THE DORMITORY AUTHORITY AND THE URBAN
56 DEVELOPMENT CORPORATION ARE HEREBY AUTHORIZED TO ISSUE BONDS OR NOTES IN
S. 6355 77 A. 8555
1 ONE OR MORE SERIES FOR THE PURPOSE OF FUNDING PROJECT COSTS FOR THE
2 CAPITAL RESTRUCTURING FINANCING PROGRAM FOR HEALTH CARE AND RELATED
3 FACILITIES LICENSED PURSUANT TO THE PUBLIC HEALTH LAW OR THE MENTAL
4 HYGIENE LAW AND OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS.
5 THE AGGREGATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO BE ISSUED PURSUANT
6 TO THIS SECTION SHALL NOT EXCEED ONE BILLION TWO HUNDRED MILLION
7 DOLLARS, EXCLUDING BONDS ISSUED TO FUND ONE OR MORE DEBT SERVICE RESERVE
8 FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH BONDS, AND BONDS OR NOTES ISSUED
9 TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED. SUCH
10 BONDS AND NOTES OF THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT
11 CORPORATION SHALL NOT BE A DEBT OF THE STATE, AND THE STATE SHALL NOT BE
12 LIABLE THEREON, NOR SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN
13 THOSE APPROPRIATED BY THE STATE TO THE DORMITORY AUTHORITY AND THE URBAN
14 DEVELOPMENT CORPORATION FOR PRINCIPAL, INTEREST, AND RELATED EXPENSES
15 PURSUANT TO A SERVICE CONTRACT AND SUCH BONDS AND NOTES SHALL CONTAIN ON
16 THE FACE THEREOF A STATEMENT TO SUCH EFFECT. EXCEPT FOR PURPOSES OF
17 COMPLYING WITH THE INTERNAL REVENUE CODE, ANY INTEREST INCOME EARNED ON
18 BOND PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS.
19 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
20 ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
21 RATION IN UNDERTAKING THE FINANCING FOR PROJECT COSTS FOR THE CAPITAL
22 RESTRUCTURING FINANCING PROGRAM FOR HEALTH CARE AND RELATED FACILITIES
23 LICENSED PURSUANT TO THE PUBLIC HEALTH LAW OR THE MENTAL HYGIENE LAW AND
24 OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS, THE DIRECTOR OF
25 THE BUDGET IS HEREBY AUTHORIZED TO ENTER INTO ONE OR MORE SERVICE
26 CONTRACTS WITH THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
27 RATION, NONE OF WHICH SHALL EXCEED THIRTY YEARS IN DURATION, UPON SUCH
28 TERMS AND CONDITIONS AS THE DIRECTOR OF THE BUDGET AND THE DORMITORY
29 AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION AGREE, SO AS TO ANNUALLY
30 PROVIDE TO THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
31 RATION, IN THE AGGREGATE, A SUM NOT TO EXCEED THE PRINCIPAL, INTEREST,
32 AND RELATED EXPENSES REQUIRED FOR SUCH BONDS AND NOTES. ANY SERVICE
33 CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL PROVIDE THAT THE
34 OBLIGATION OF THE STATE TO PAY THE AMOUNT THEREIN PROVIDED SHALL NOT
35 CONSTITUTE A DEBT OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL
36 OR STATUTORY PROVISION AND SHALL BE DEEMED EXECUTORY ONLY TO THE EXTENT
37 OF MONIES AVAILABLE AND THAT NO LIABILITY SHALL BE INCURRED BY THE STATE
38 BEYOND THE MONIES AVAILABLE FOR SUCH PURPOSE, SUBJECT TO ANNUAL APPRO-
39 PRIATION BY THE LEGISLATURE. ANY SUCH CONTRACT OR ANY PAYMENTS MADE OR
40 TO BE MADE THEREUNDER MAY BE ASSIGNED AND PLEDGED BY THE DORMITORY
41 AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION AS SECURITY FOR ITS
42 BONDS AND NOTES, AS AUTHORIZED BY THIS SECTION.
43 S 44. Subdivision 1 of section 17 of part D of chapter 389 of the laws
44 of 1997, providing for the financing of the correctional facilities
45 improvement fund and the youth facility improvement fund, as amended by
46 section 43 of part BB of chapter 58 of the laws of 2011, is amended to
47 read as follows:
48 1. Subject to the provisions of chapter 59 of the laws of 2000, but
49 notwithstanding the provisions of section 18 of section 1 of chapter 174
50 of the laws of 1968, the New York state urban development corporation is
51 hereby authorized to issue bonds, notes and other obligations in an
52 aggregate principal amount not to exceed four hundred [twenty-nine]
53 SIXTY-FIVE million [five] THREE hundred [fifteen] SIXTY-FIVE thousand
54 dollars [($429,515,000)] ($465,365,000), which authorization increases
55 the aggregate principal amount of bonds, notes and other obligations
56 authorized by section 40 of chapter 309 of the laws of 1996, and shall
S. 6355 78 A. 8555
1 include all bonds, notes and other obligations issued pursuant to chap-
2 ter 211 of the laws of 1990, as amended or supplemented. The proceeds of
3 such bonds, notes or other obligations shall be paid to the state, for
4 deposit in the youth facilities improvement fund, to pay for all or any
5 portion of the amount or amounts paid by the state from appropriations
6 or reappropriations made to the office of children and family services
7 from the youth facilities improvement fund for capital projects. The
8 aggregate amount of bonds, notes and other obligations authorized to be
9 issued pursuant to this section shall exclude bonds, notes or other
10 obligations issued to refund or otherwise repay bonds, notes or other
11 obligations theretofore issued, the proceeds of which were paid to the
12 state for all or a portion of the amounts expended by the state from
13 appropriations or reappropriations made to the office of children and
14 family services; provided, however, that upon any such refunding or
15 repayment the total aggregate principal amount of outstanding bonds,
16 notes or other obligations may be greater than four hundred [twenty-
17 nine] SIXTY-FIVE million [five] THREE hundred [fifteen] SIXTY-FIVE thou-
18 sand dollars [$429,515,000] ($465,365,000), only if the present value of
19 the aggregate debt service of the refunding or repayment bonds, notes or
20 other obligations to be issued shall not exceed the present value of the
21 aggregate debt service of the bonds, notes or other obligations so to be
22 refunded or repaid. For the purposes hereof, the present value of the
23 aggregate debt service of the refunding or repayment bonds, notes or
24 other obligations and of the aggregate debt service of the bonds, notes
25 or other obligations so refunded or repaid, shall be calculated by
26 utilizing the effective interest rate of the refunding or repayment
27 bonds, notes or other obligations, which shall be that rate arrived at
28 by doubling the semi-annual interest rate (compounded semi-annually)
29 necessary to discount the debt service payments on the refunding or
30 repayment bonds, notes or other obligations from the payment dates ther-
31 eof to the date of issue of the refunding or repayment bonds, notes or
32 other obligations and to the price bid including estimated accrued
33 interest or proceeds received by the corporation including estimated
34 accrued interest from the sale thereof.
35 S 45. Subdivision 3 of section 1285-q of the public authorities law,
36 as added by section 6 of part I of chapter 1 of the laws of 2003, is
37 amended to read follows:
38 3. The maximum amount of bonds that may be issued for the purpose of
39 financing hazardous waste site remediation projects AND ENVIRONMENTAL
40 RESTORATION PROJECTS authorized by this section shall not exceed one
41 billion [two] THREE hundred million dollars and shall not exceed one
42 hundred twenty million dollars for appropriations enacted for any state
43 fiscal year, provided that the bonds not issued for such appropriations
44 may be issued pursuant to reappropriation in subsequent fiscal years.
45 [No bonds shall be issued for the repayment of any new appropriation
46 enacted after March thirty-first, two thousand thirteen for hazardous
47 waste site remediation projects authorized by this section.] Amounts
48 authorized to be issued by this section shall be exclusive of bonds
49 issued to fund any debt service reserve funds, pay costs of issuance of
50 such bonds, and bonds or notes issued to refund or otherwise repay bonds
51 or notes previously issued. Such bonds and notes of the corporation
52 shall not be a debt of the state, and the state shall not be liable
53 thereon, nor shall they be payable out of any funds other than those
54 appropriated by this state to the corporation for debt service and
55 related expenses pursuant to any service contracts executed pursuant to
S. 6355 79 A. 8555
1 subdivision one of this section, and such bonds and notes shall contain
2 on the face thereof a statement to such effect.
3 S 46. Paragraph b of subdivision 2 of section 9-a of section 1 of
4 chapter 392 of the laws of 1973, constituting the New York state medical
5 care facilities finance agency act, as amended by section 49-c of part
6 PP of chapter 56 of the laws of 2009, is amended to read as follows:
7 b. The agency shall have power and is hereby authorized from time to
8 time to issue negotiable bonds and notes in conformity with applicable
9 provisions of the uniform commercial code in such principal amount as,
10 in the opinion of the agency, shall be necessary, after taking into
11 account other moneys which may be available for the purpose, to provide
12 sufficient funds to the facilities development corporation, or any
13 successor agency, for the financing or refinancing of or for the design,
14 construction, acquisition, reconstruction, rehabilitation or improvement
15 of mental health services facilities pursuant to paragraph a of this
16 subdivision, the payment of interest on mental health services improve-
17 ment bonds and mental health services improvement notes issued for such
18 purposes, the establishment of reserves to secure such bonds and notes,
19 the cost or premium of bond insurance or the costs of any financial
20 mechanisms which may be used to reduce the debt service that would be
21 payable by the agency on its mental health services facilities improve-
22 ment bonds and notes and all other expenditures of the agency incident
23 to and necessary or convenient to providing the facilities development
24 corporation, or any successor agency, with funds for the financing or
25 refinancing of or for any such design, construction, acquisition, recon-
26 struction, rehabilitation or improvement and for the refunding of mental
27 hygiene improvement bonds issued pursuant to section 47-b of the private
28 housing finance law; provided, however, that the agency shall not issue
29 mental health services facilities improvement bonds and mental health
30 services facilities improvement notes in an aggregate principal amount
31 exceeding seven billion [three] FOUR hundred [sixty-six] THIRTY-FIVE
32 million [six] EIGHT hundred FIFTEEN thousand dollars, excluding mental
33 health services facilities improvement bonds and mental health services
34 facilities improvement notes issued to refund outstanding mental health
35 services facilities improvement bonds and mental health services facili-
36 ties improvement notes; provided, however, that upon any such refunding
37 or repayment of mental health services facilities improvement bonds
38 and/or mental health services facilities improvement notes the total
39 aggregate principal amount of outstanding mental health services facili-
40 ties improvement bonds and mental health facilities improvement notes
41 may be greater than seven billion [three] FOUR hundred [sixty-six] THIR-
42 TY-FIVE million [six] EIGHT hundred FIFTEEN thousand dollars only if,
43 except as hereinafter provided with respect to mental health services
44 facilities bonds and mental health services facilities notes issued to
45 refund mental hygiene improvement bonds authorized to be issued pursuant
46 to the provisions of section 47-b of the private housing finance law,
47 the present value of the aggregate debt service of the refunding or
48 repayment bonds to be issued shall not exceed the present value of the
49 aggregate debt service of the bonds to be refunded or repaid. For
50 purposes hereof, the present values of the aggregate debt service of the
51 refunding or repayment bonds, notes or other obligations and of the
52 aggregate debt service of the bonds, notes or other obligations so
53 refunded or repaid, shall be calculated by utilizing the effective
54 interest rate of the refunding or repayment bonds, notes or other obli-
55 gations, which shall be that rate arrived at by doubling the semi-annual
56 interest rate (compounded semi-annually) necessary to discount the debt
S. 6355 80 A. 8555
1 service payments on the refunding or repayment bonds, notes or other
2 obligations from the payment dates thereof to the date of issue of the
3 refunding or repayment bonds, notes or other obligations and to the
4 price bid including estimated accrued interest or proceeds received by
5 the authority including estimated accrued interest from the sale there-
6 of. Such bonds, other than bonds issued to refund outstanding bonds,
7 shall be scheduled to mature over a term not to exceed the average
8 useful life, as certified by the facilities development corporation, of
9 the projects for which the bonds are issued, and in any case shall not
10 exceed thirty years and the maximum maturity of notes or any renewals
11 thereof shall not exceed five years from the date of the original issue
12 of such notes. Notwithstanding the provisions of this section, the agen-
13 cy shall have the power and is hereby authorized to issue mental health
14 services facilities improvement bonds and/or mental health services
15 facilities improvement notes to refund outstanding mental hygiene
16 improvement bonds authorized to be issued pursuant to the provisions of
17 section 47-b of the private housing finance law and the amount of bonds
18 issued or outstanding for such purposes shall not be included for
19 purposes of determining the amount of bonds issued pursuant to this
20 section. The director of the budget shall allocate the aggregate princi-
21 pal authorized to be issued by the agency among the office of mental
22 health, office [of mental retardation and] FOR PEOPLE WITH developmental
23 disabilities, and the office of alcoholism and substance abuse services,
24 in consultation with their respective commissioners to finance bondable
25 appropriations previously approved by the legislature.
26 S 47. This act shall take effect immediately and shall be deemed to
27 have been in full force and effect on and after April 1, 2014; provided
28 that sections one through nine, and sections thirteen through nineteen
29 of this act shall expire March 31, 2015, when upon such date, the
30 provisions of such sections shall be deemed repealed.
31 S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
32 sion, section or part of this act shall be adjudged by any court of
33 competent jurisdiction to be invalid, such judgment shall not affect,
34 impair, or invalidate the remainder thereof, but shall be confined in
35 its operation to the clause, sentence, paragraph, subdivision, section
36 or part thereof directly involved in the controversy in which such judg-
37 ment shall have been rendered. It is hereby declared to be the intent of
38 the legislature that this act would have been enacted even if such
39 invalid provisions had not been included herein.
40 S 3. This act shall take effect immediately provided, however, that
41 the applicable effective date of Parts A through I of this act shall be
42 as specifically set forth in the last section of such Parts.