S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6355--A A. 8555--A S E N A T E - A S S E M B L Y January 21, 2014 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law, in relation to the revoca- tion of driver's licenses for multiple convictions of driving while intoxicated, civil penalties, and aggravated unlicensed operation of a motor vehicle; and to repeal certain provisions of such law relating thereto (Part A); to amend the vehicle and traffic law, in relation to the suspension and revocation of certain driver's licenses for violations relating to the use of mobile telephones and portable elec- tronic devices while driving and increased fines for such violations (Part B); to amend chapter 503 of the laws of 2009, relating to the disposition of monies recovered by county district attorneys before the filing of an accusatory instrument, in relation to the effective- ness thereof (Part C); to amend the tax law, in relation to suspending the transfer of monies into the emergency services revolving loan fund from the public safety communications account (Part D); to amend the civil service law, in relation to the reimbursement of medicare premi- um charges (Part E); to amend the civil service law, the state tech- nology law, the general municipal law and the public officers law, in relation to supporting the consolidation of state information technol- ogy resources (Part F); to amend chapter 410 of the laws of 2009, amending the state finance law relating to authorizing the aggregate purchases of energy for state agencies, institutions, local govern- ments, public authorities and public benefit corporations and chapter 97 of the laws of 2011, amending the state finance law and other laws relating to providing certain centralized service to political subdi- visions and extending the authority of the commissioner of general services to aggregate purchases of energy for state agencies and poli- tical subdivisions, in relation to extending the expiration dates for EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12670-02-4 S. 6355--A 2 A. 8555--A the provision of certain centralized services and purchasing authori- zations (Part G); to amend the criminal procedure law, in relation to the prosecution of misconduct by public servants, and in relation to including corrupting the government within the definition of a desig- nated offense; to amend the penal law, in relation to establishing the crime of corrupting the government, requires the intent to influence within the crime of bribery, and expands the crime of bribe receiving; to amend the legislative law, in relation to lobbying; to amend the state finance law, in relation to cancellation and disqualification of certain contracts; to amend the civil practice law and rules, in relation to including the crime of public corruption within the term of preconviction forfeiture crime; to amend the public officers law, in relation to persons deemed incapable of holding a civil office; to amend the real property tax law, in relation to certain exemption limitations; to amend the general municipal law, in relation to limi- tations on empire zone designation; to amend the tax law, in relation to certain tax credit limitations; to amend the public officers law, in relation to financial disclosure and to repeal section 195.20 of the penal law relating to defrauding the government (Subpart A); to amend the election law, in relation to the state board of elections chief enforcement counsel; and to amend the criminal procedure law, in relation to the chief enforcement counsel of the state board of elections (Subpart B); to amend the election law, in relation to campaign finance reform and in relation to campaign contribution limits and penalties for violations (Subpart C); and to amend the election law, in relation to campaign receipts and expenditures; to amend the election law, in relation to contribution and receipt limi- tations; to amend the election law, in relation to public financing; to amend the state finance law, in relation to the New York state campaign finance fund; and to amend the tax law, in relation to the New York state campaign finance fund check-off (Subpart D) (Part H); and to provide for the administration of certain funds and accounts related to the 2014-15 budget, authorizing certain payments and trans- fers; to amend the state finance law, in relation to school tax relief fund; to amend the state finance law, in relation to payments, trans- fers and deposits; to amend the state finance law, in relation to the period for which appropriations can be made; to transfer certain employees of the division of military and naval affairs to the office of general services; to amend the state finance law, in relation to the issuance of bonds and notes; to amend the state finance law, in relation to the general fund; to amend the New York state urban devel- opment corporation act, in relation to funding project costs for certain capital projects; to amend chapter 389 of the laws of 1997, relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issu- ance of bonds; to amend the private housing finance law, in relation to housing program bonds and notes; to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the issuance of bonds; to amend the public authorities law, in relation to the dormitory authority; to amend chapter 61 of the laws of 2005, providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to issuance of bonds by the urban development corporation; to amend the New York state urban development corporation act, in relation to the Clarkson- trudeau partnership, the New York genome center, the Cornell Universi- S. 6355--A 3 A. 8555--A ty college of veterinary medicine, the Olympic regional development authority, a project at nano Utica, Onondaga county revitalization projects; to amend the public authorities law, in relation to the state environmental infrastructure projects; to amend the state finance law, in relation to the New York state storm recovery capital fund; to amend the New York state urban development corporation act, in relation to authorizing the urban development corporation to issue bonds to fund project costs for the implementation of a NY-CUNY chal- lenge grant program; to amend chapter 81 of the laws of 2002, provid- ing for the administration of certain funds and accounts related to the 2002-2003 budget, in relation to increasing the aggregate amount of bonds to be issued by the New York state urban development corpo- ration; to amend the public authorities law, in relation to financing of peace bridge and transportation capital projects; to amend the public authorities law, in relation to dormitories at certain educa- tional institutions other than state operated institutions and statu- tory or contract colleges under the jurisdiction of the state univer- sity of New York; to amend the public authorities law, in relation to authorization for the issuance of bonds for the capital restructuring bond finance program; to amend chapter 389 of the laws of 1997, providing for the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issu- ance of bonds; to amend the public authorities law, in relation to environmental remediation; to amend the New York state medical care facilities finance agency act, in relation to bonds and mental health facilities improvement notes and providing for the repeal of certain provisions upon expiration thereof (Part I) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 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 S. 6355--A 4 A. 8555--A 1 SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE COMMITTED WITHIN THREE 2 YEARS OF A CONVICTION FOR A VIOLATION OF ANY SUBDIVISION OF SECTION 3 ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE. 4 S 3. Clause (a) of subparagraph 12 of paragraph (b) of subdivision 2 5 of section 1193 of the vehicle and traffic law, as added by chapter 732 6 of the laws of 2006, is amended to read as follows: 7 (a) Notwithstanding any other provision of this chapter to the contra- 8 ry, whenever a revocation is imposed upon a person for the refusal to 9 submit to a chemical test pursuant to the provisions of section eleven 10 hundred ninety-four of this article or conviction for any violation of 11 section eleven hundred ninety-two of this article for which a sentence 12 of imprisonment may be imposed OR AN OUT-OF-STATE CONVICTION FOR OPERAT- 13 ING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS OR A 14 CONVICTION OF A VIOLATION OF THE PENAL LAW FOR WHICH A VIOLATION OF SUCH 15 SECTION ELEVEN HUNDRED NINETY-TWO IS AN ESSENTIAL ELEMENT, and such 16 person has[: (i) within the previous four years] PREVIOUSLY been twice 17 convicted of any provisions of section eleven hundred ninety-two of this 18 article OR AN OUT-OF-STATE CONVICTION FOR OPERATING A MOTOR VEHICLE 19 WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS or a violation of the 20 penal law for which a violation of such section eleven hundred ninety- 21 two is an essential element [and at least one such conviction was for a 22 crime], or has PREVIOUSLY twice been found to have refused to submit to 23 a chemical test pursuant to section eleven hundred ninety-four of this 24 article, or has any combination of two such convictions and findings of 25 refusal not arising out of the same incident[; or (ii) within the previ- 26 ous eight years been convicted three times of any provision of section 27 eleven hundred ninety-two of this article for which a sentence of impri- 28 sonment may be imposed or a violation of the penal law for which a 29 violation of such section eleven hundred ninety-two is an essential 30 element and at least two such convictions were for crimes, or has been 31 found, on three separate occasions, to have refused to submit to a chem- 32 ical test pursuant to section eleven hundred ninety-four of this arti- 33 cle, or has any combination of such convictions and findings of refusal 34 not arising out of the same incident], such revocation shall be perma- 35 nent. 36 S 4. Subparagraph 2 of paragraph (d) of subdivision 2 of section 1194 37 of the vehicle and traffic law, as amended by chapter 732 of the laws of 38 2006, is amended to read as follows: 39 (2) Civil penalties. Except as otherwise provided, any person whose 40 license, permit to drive, or any non-resident operating privilege is 41 revoked pursuant to the provisions of this section shall also be liable 42 for a civil penalty in the amount of five hundred dollars except that if 43 such revocation is a second or subsequent revocation pursuant to this 44 section issued within a five year period, or such person has been 45 convicted of a violation of any subdivision of section eleven hundred 46 ninety-two of this article within the past five years not arising out of 47 the same incident, the civil penalty shall be in the amount of [seven 48 hundred fifty] ONE THOUSAND dollars. Any person whose license is revoked 49 pursuant to the provisions of this section based upon a finding of 50 refusal to submit to a chemical test while operating a commercial motor 51 vehicle shall also be liable for a civil penalty of five hundred fifty 52 dollars except that if such person has previously been found to have 53 refused a chemical test pursuant to this section while operating a 54 commercial motor vehicle or has a prior conviction of any of the follow- 55 ing offenses while operating a commercial motor vehicle: any violation 56 of section eleven hundred ninety-two of this article; any violation of S. 6355--A 5 A. 8555--A 1 subdivision two of section six hundred of this chapter; or has a prior 2 conviction of any felony involving the use of a commercial motor vehicle 3 pursuant to paragraph (a) of subdivision one of section five hundred 4 ten-a of this chapter, then the civil penalty shall be [seven hundred 5 fifty] ONE THOUSAND dollars. No new driver's license or permit shall be 6 issued, or non-resident operating privilege restored to such person 7 unless such penalty has been paid. All penalties collected by the 8 department pursuant to the provisions of this section shall be the prop- 9 erty of the state and shall be paid into the general fund of the state 10 treasury. 11 S 5. Paragraph (b) of subdivision 3 of section 511 of the vehicle and 12 traffic law, as separately amended by chapters 786 and 892 of the laws 13 of 1990, is amended to read as follows: 14 (b) Aggravated unlicensed operation of a motor vehicle in the first 15 degree is a class E felony. When a person is convicted of this crime, 16 the sentence of the court must be: (i) a fine in an amount not less than 17 [five hundred] ONE THOUSAND dollars nor more than five thousand dollars; 18 and (ii) a term of imprisonment as provided in the penal law, or (iii) 19 where appropriate and a term of imprisonment is not required by the 20 penal law, a sentence of probation as provided in subdivision six of 21 this section, or (iv) a term of imprisonment as a condition of a 22 sentence of probation as provided in the penal law. 23 S 6. Clauses (b), (c), (d) and (e) of subparagraph 12 of paragraph (b) 24 of subdivision 2 of section 1193 of the vehicle and traffic law are 25 REPEALED and clause (f) is relettered clause (b). 26 S 7. This act shall take effect on the first of November next succeed- 27 ing the date on which it shall have become a law. 28 PART B 29 Section 1. Subparagraphs (x) and (xi) of paragraph a of subdivision 2 30 of section 510 of the vehicle and traffic law, as added by chapter 571 31 of the laws of 2006, are amended and a new subparagraph (xii) is added 32 to read as follows: 33 (x) of a traffic infraction for a subsequent violation of article 34 twenty-six of this chapter and the commission of such violation caused 35 serious physical injury to another person and such subsequent violation 36 occurred within eighteen months of a prior violation of any provision of 37 article twenty-six of this chapter where the commission of such prior 38 violation caused the serious physical injury or death of another person; 39 [or] 40 (xi) of a traffic infraction for a subsequent violation of article 41 twenty-six of this chapter and the commission of such violation caused 42 the death of another person and such subsequent violation occurred with- 43 in eighteen months of a prior violation of any provision of article 44 twenty-six of this chapter where the commission of such prior violation 45 caused the serious physical injury or death of another person[.]; OR 46 (XII) OF A SECOND OR SUBSEQUENT VIOLATION OF SECTION TWELVE HUNDRED 47 TWENTY-FIVE-C OR SECTION TWELVE HUNDRED TWENTY-FIVE-D OF THIS CHAPTER, 48 WHERE SUCH PERSON WAS UNDER THE AGE OF TWENTY-ONE AT THE TIME OF THE 49 COMMISSION OF SUCH VIOLATIONS. 50 S 2. Paragraph b of subdivision 2 of section 510 of the vehicle and 51 traffic law, is amended by adding a new subparagraph (xvi) to read as 52 follows: 53 (XVI) FOR A PERIOD OF ONE YEAR WHERE THE HOLDER IS CONVICTED OF A 54 VIOLATION OF SECTION TWELVE HUNDRED TWENTY-FIVE-C OR SECTION TWELVE S. 6355--A 6 A. 8555--A 1 HUNDRED TWENTY-FIVE-D OF THIS CHAPTER, WHERE SUCH PERSON WAS UNDER THE 2 AGE OF TWENTY-ONE AT THE TIME OF THE COMMISSION OF SUCH VIOLATION. 3 S 3. Subdivision 6 of section 510 of the vehicle and traffic law is 4 amended by adding a new paragraph n to read as follows: 5 N. WHERE REVOCATION IS MANDATORY PURSUANT TO SUBPARAGRAPH (XII) OF 6 PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, NO NEW LICENSE SHALL BE 7 ISSUED FOR AT LEAST ONE YEAR, NOR THEREAFTER EXCEPT IN THE DISCRETION OF 8 THE COMMISSIONER. 9 S 4. Section 510-c of the vehicle and traffic law is amended by adding 10 a new subdivision 3 to read as follows: 11 3. ANY SUSPENSION OR REVOCATION REQUIRED UNDER THIS SECTION FOR A 12 VIOLATION OF SECTION TWELVE HUNDRED TWENTY-FIVE-C OR SECTION TWELVE 13 HUNDRED TWENTY-FIVE-D OF THIS CHAPTER SHALL BE SUBJECT TO THE PROVISIONS 14 OF SUBDIVISION TWO OF SECTION FIVE HUNDRED TEN OF THIS ARTICLE. 15 S 5. Subdivision 4 of section 1225-c of the vehicle and traffic law, 16 as amended by section 1 of part C of chapter 55 of the laws of 2013, is 17 amended to read as follows: 18 4. A violation of subdivision two of this section shall be a traffic 19 infraction and shall be punishable by a fine of not less than fifty 20 dollars nor more than [one hundred fifty] TWO HUNDRED dollars upon 21 conviction of a first violation; upon conviction of a second violation, 22 both of which were committed within a period of eighteen months, such 23 violation shall be punished by a fine of not less than fifty dollars nor 24 more than [two] THREE hundred dollars; upon conviction of a third or 25 subsequent violation, all of which were committed within a period of 26 eighteen months, such violation shall be punished by a fine of not less 27 than fifty dollars nor more than [four] FIVE hundred dollars. 28 S 6. Subdivision 6 of section 1225-d of the vehicle and traffic law, 29 as amended by section 2 of part C of chapter 55 of the laws of 2013, is 30 amended to read as follows: 31 6. A violation of this section shall be a traffic infraction and shall 32 be punishable by a fine of not less than fifty dollars nor more than 33 [one hundred fifty] TWO HUNDRED dollars upon conviction of a first 34 violation; upon conviction of a second violation, both of which were 35 committed within a period of eighteen months, such violation shall be 36 punished by a fine of not less than fifty dollars nor more than [two] 37 THREE hundred dollars; upon conviction of a third or subsequent 38 violation, all of which were committed within a period of eighteen 39 months, such violation shall be punished by a fine of not less than 40 fifty dollars nor more than [four] FIVE hundred dollars. 41 S 7. This act shall take effect on the first of November next succeed- 42 ing the date on which it shall have become a law. 43 PART C 44 Section 1. Section 2 of part H of chapter 503 of the laws of 2009 45 relating to the disposition of monies recovered by county district 46 attorneys before the filing of an accusatory instrument, as amended by 47 section 1 of part F of chapter 55 of the laws of 2013, is amended to 48 read as follows: 49 S 2. This act shall take effect immediately and shall remain in full 50 force and effect until March 31, [2014] 2015, when it shall expire and 51 be deemed repealed. 52 S 2. This act shall take effect immediately and shall be deemed to 53 have been in full force and effect on and after March 31, 2014. S. 6355--A 7 A. 8555--A 1 PART D 2 Section 1. Paragraph (b) of subdivision 6 of section 186-f of the tax 3 law, as amended by section 1 of part D of chapter 57 of the laws of 4 2011, is amended to read as follows: 5 (b) The sum of one million five hundred thousand dollars must be 6 deposited into the New York state emergency services revolving loan fund 7 annually; provided, however, that such sums shall not be deposited for 8 state fiscal years two thousand eleven--two thousand twelve [and], two 9 thousand twelve--two thousand thirteen, TWO THOUSAND FOURTEEN--TWO THOU- 10 SAND FIFTEEN, TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN, TWO THOUSAND 11 SIXTEEN--TWO THOUSAND SEVENTEEN AND TWO THOUSAND SEVENTEEN--TWO THOUSAND 12 EIGHTEEN; 13 S 2. This act shall take effect immediately. 14 PART E 15 Section 1. Section 167-a of the civil service law, as amended by 16 section 1 of part I of chapter 55 of the laws of 2012, is amended to 17 read as follows: 18 S 167-a. Reimbursement for medicare premium charges. Upon exclusion 19 from the coverage of the health benefit plan of supplementary medical 20 insurance benefits for which an active or retired employee or a depend- 21 ent covered by the health benefit plan is or would be eligible under the 22 federal old-age, survivors and disability insurance program, an amount 23 equal to the STANDARD MEDICARE premium charge WITHOUT ANY INCOME-RELATED 24 ADJUSTMENT for such supplementary medical insurance benefits for such 25 active or retired employee and his or her dependents, if any, shall be 26 paid monthly or at other intervals to such active or retired employee 27 from the health insurance fund. Where appropriate, such amount may be 28 deducted from contributions payable by the employee or retired employee; 29 or where appropriate in the case of a retired employee receiving a 30 retirement allowance, such amount may be included with payments of his 31 or her retirement allowance. All state employer, employee, retired 32 employee and dependent contributions to the health insurance fund, 33 including contributions from public authorities, public benefit corpo- 34 rations or other quasi-public organizations of the state eligible for 35 participation in the health benefit plan as authorized by subdivision 36 two of section one hundred sixty-three of this article, shall be 37 adjusted as necessary to cover the cost of reimbursing federal old-age, 38 survivors and disability insurance program premium charges under this 39 section. This cost shall be included in the calculation of premium or 40 subscription charges for health coverage provided to employees and 41 retired employees of the state, public authorities, public benefit 42 corporations or other quasi-public organizations of the state; provided, 43 however, the state, public authorities, public benefit corporations or 44 other quasi-public organizations of the state shall remain obligated to 45 pay no less than its share of such increased cost consistent with its 46 share of premium or subscription charges provided for by this article. 47 All other employer contributions to the health insurance fund shall be 48 adjusted as necessary to provide for such payments. 49 S 2. This act shall take effect immediately and shall be deemed to 50 have been in full force and effect on and after January 1, 2014. 51 PART F S. 6355--A 8 A. 8555--A 1 Section 1. The civil service law is amended by adding a new section 2 66-a to read as follows: 3 S 66-A. TERM APPOINTMENTS IN INFORMATION TECHNOLOGY POSITIONS. 1. 4 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE DEPARTMENT MAY AUTHORIZE 5 TERM APPOINTMENTS WITHOUT EXAMINATION TO TEMPORARY POSITIONS REQUIRING 6 SPECIAL EXPERTISE OR QUALIFICATIONS IN INFORMATION TECHNOLOGY. SUCH 7 APPOINTMENTS MAY BE AUTHORIZED ONLY IN SUCH CASES WHERE THE OFFICE OF 8 INFORMATION TECHNOLOGY SERVICES CERTIFIES TO THE DEPARTMENT THAT BECAUSE 9 OF THE TYPE OF SERVICES TO BE RENDERED OR THE TEMPORARY OR OCCASIONAL 10 CHARACTER OF SUCH SERVICES, IT WOULD NOT BE PRACTICABLE TO HOLD AN EXAM- 11 INATION OF ANY KIND. SUCH CERTIFICATION SHALL BE A PUBLIC DOCUMENT 12 PURSUANT TO THE PUBLIC OFFICERS LAW AND SHALL IDENTIFY THE SPECIAL 13 EXPERTISE OR QUALIFICATIONS THAT ARE REQUIRED AND WHY THEY CANNOT BE 14 OBTAINED THROUGH AN APPOINTMENT FROM AN ELIGIBLE LIST. THE MAXIMUM PERI- 15 OD FOR A TERM APPOINTMENT ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL 16 NOT EXCEED SIXTY MONTHS AND SHALL NOT BE EXTENDED, AND THE MAXIMUM 17 NUMBER OF SUCH APPOINTMENTS SHALL NOT EXCEED THREE HUNDRED. AT LEAST 18 FIFTEEN DAYS PRIOR TO MAKING A TERM APPOINTMENT PURSUANT TO THIS SECTION 19 THE APPOINTING AUTHORITY SHALL PUBLICLY AND CONSPICUOUSLY POST IN ITS 20 OFFICES INFORMATION ABOUT THE TEMPORARY POSITION AND THE REQUIRED QUALI- 21 FICATIONS AND SHALL ALLOW ANY QUALIFIED EMPLOYEE TO APPLY FOR SAID POSI- 22 TION. AN EMPLOYEE APPOINTED PURSUANT TO THIS PROVISION WHO HAS COMPLETED 23 TWO YEARS OF CONTINUOUS SERVICE UNDER THIS PROVISION SHALL BE ABLE TO 24 COMPETE IN ONE PROMOTIONAL EXAMINATION THAT IS ALSO OPEN TO EMPLOYEES 25 WHO HAVE PERMANENT CIVIL SERVICE APPOINTMENTS AND APPROPRIATE QUALIFICA- 26 TIONS. 27 2. A TEMPORARY POSITION ESTABLISHED PURSUANT TO SUBDIVISION ONE OF 28 THIS SECTION MAY BE ABOLISHED FOR REASONS OF ECONOMY, CONSOLIDATION OR 29 ABOLITION OF FUNCTIONS, CURTAILMENT OF ACTIVITIES OR OTHERWISE. UPON 30 SUCH ABOLITION OR AT THE END OF THE TERM OF THE APPOINTMENT, THE 31 PROVISIONS OF SECTIONS SEVENTY-EIGHT, SEVENTY-NINE, EIGHTY AND 32 EIGHTY-ONE OF THIS CHAPTER SHALL NOT APPLY. IN THE EVENT OF A REDUCTION 33 OF WORKFORCE PURSUANT TO SECTION EIGHTY OF THIS CHAPTER AFFECTING INFOR- 34 MATION TECHNOLOGY POSITIONS, THE TERM APPOINTMENTS PURSUANT TO THIS 35 SECTION AT THE OFFICE OF INFORMATION TECHNOLOGY SERVICES SHALL BE ABOL- 36 ISHED PRIOR TO THE ABOLITION OF PERMANENT COMPETITIVE CLASS INFORMATION 37 TECHNOLOGY POSITIONS AT THE OFFICE OF INFORMATION TECHNOLOGY SERVICES 38 INVOLVING COMPARABLE SKILLS AND RESPONSIBILITIES. 39 3. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE 40 DEPARTMENT MAY LIMIT CERTIFICATION FROM THE FOLLOWING ELIGIBLE LISTS TO 41 THOSE ELIGIBLES IDENTIFIED AS HAVING KNOWLEDGE, SKILLS OR CERTIF- 42 ICATIONS, OR ANY COMBINATION THEREOF, IDENTIFIED BY THE APPOINTING 43 AUTHORITY AS NECESSARY TO PERFORM THE DUTIES OF CERTAIN POSITIONS: 44 35-382 INFORMATION TECHNOLOGY SPECIALIST 4 G-25 45 35-383 INFORMATION TECHNOLOGY SPECIALIST 4 (DATA COMMUNICATIONS) G-25 46 35-384 INFORMATION TECHNOLOGY SPECIALIST 4 (DATABASE) G-25 47 35-386 INFORMATION TECHNOLOGY SPECIALIST 4 (SYSTEMS PROGRAMMING) G-25 48 35-387 MANAGER INFORMATION TECHNOLOGY SERVICES 1 G-27 49 35-388 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATA COMMUNICATIONS) 50 G-27 51 35-389 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATABASE) G-27 52 35-391 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (SYSTEMS PROGRAMMING) 53 G-27 54 35-392 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (TECHNICAL) G-27. 55 (B) NO SUCH LIMITATION ON CERTIFICATION SHALL OCCUR UNTIL A SKILL-SET 56 INVENTORY IS CONDUCTED FOR ALL PERSONS ON ANY LIST SO LIMITED. S. 6355--A 9 A. 8555--A 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--A 10 A. 8555--A 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--A 11 A. 8555--A 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--A 12 A. 8555--A 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--A 13 A. 8555--A 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--A 14 A. 8555--A 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--A 15 A. 8555--A 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--A 16 A. 8555--A 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--A 17 A. 8555--A 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--A 18 A. 8555--A 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--A 19 A. 8555--A 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--A 20 A. 8555--A 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--A 21 A. 8555--A 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--A 22 A. 8555--A 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--A 23 A. 8555--A 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--A 24 A. 8555--A 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--A 25 A. 8555--A 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--A 26 A. 8555--A 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--A 27 A. 8555--A 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--A 28 A. 8555--A 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--A 29 A. 8555--A 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, WITH 26 THE ADVICE AND CONSENT OF THE SENATE, WITH SUCH CONSENT DETERMINED BY A 27 VOTE OF THE SENATE WITHIN THIRTY DAYS OF THE NOMINATION BY THE GOVERNOR, 28 AND SHALL BE REMOVED ONLY FOR GOOD CAUSE AND SOLELY BY THE GOVERNOR. 29 THE CHIEF ENFORCEMENT COUNSEL SHALL HAVE SOLE AUTHORITY OVER PERSONNEL 30 DECISIONS WITHIN THE ENFORCEMENT UNIT. ALL HIRING DECISIONS MADE BY THE 31 CHIEF ENFORCEMENT COUNSEL SHALL BE MADE WITHOUT REGARD TO POLITICAL 32 PARTY AFFILIATION. ANY VACANCY IN THE OFFICE OF CO-EXECUTIVE DIRECTOR 33 shall be filled by the commissioners or, in the case of a vacancy on the 34 board, the commissioner of the same major political party as the vacat- 35 ing incumbent for the remaining period of the term of such vacating 36 incumbent. 37 S 3. Subdivision 3 and paragraph (c) of subdivision 9-A of section 38 3-102 of the election law, subdivision 3 as amended by chapter 9 of the 39 laws of 1978 and paragraph (c) of subdivision 9-A as added by chapter 40 430 of the laws of 1997, are amended to read as follows: 41 3. conduct any investigation necessary to carry out the provisions of 42 this chapter, PROVIDED, HOWEVER, THAT THE STATE BOARD OF ELECTIONS CHIEF 43 ENFORCEMENT COUNSEL, ESTABLISHED PURSUANT TO SECTION 3-100 OF THIS ARTI- 44 CLE, SHALL CONDUCT ANY INVESTIGATION NECESSARY TO ENFORCE THE PROVISIONS 45 OF THIS CHAPTER; 46 (c) establish [a] AN EDUCATIONAL AND training program on ALL REPORTING 47 REQUIREMENTS INCLUDING BUT NOT LIMITED TO the electronic reporting proc- 48 ess and make it EASILY AND READILY available to any such candidate or 49 committee; 50 S 4. Section 3-104 of the election law, subdivisions 1, 3, 4 and 5 as 51 redesignated and subdivision 2 as amended by chapter 9 of the laws of 52 1978, is amended to read as follows: 53 S 3-104. State board of elections; enforcement powers. 54 1. (A) THERE SHALL BE A UNIT KNOWN AS THE DIVISION OF ELECTION LAW 55 ENFORCEMENT ESTABLISHED WITHIN THE STATE BOARD OF ELECTIONS. THE HEAD OF 56 SUCH UNIT SHALL BE THE CHIEF ENFORCEMENT COUNSEL. S. 6355--A 30 A. 8555--A 1 (B) The state board of elections shall have jurisdiction of, and be 2 responsible for, the execution and enforcement of the provisions of 3 article fourteen of this chapter and other statutes governing campaigns, 4 elections and related procedures; PROVIDED HOWEVER THAT THE CHIEF 5 ENFORCEMENT COUNSEL SHALL HAVE AUTHORITY WITHIN THE STATE BOARD OF 6 ELECTIONS TO INVESTIGATE ON HIS OR HER OWN INITIATIVE OR UPON COMPLAINT 7 ALLEGED VIOLATIONS OF SUCH STATUTES AND ALL COMPLAINTS ALLEGING 8 VIOLATIONS SHALL BE FORWARDED TO THE ENFORCEMENT DIVISION OF ELECTION 9 LAW ENFORCEMENT. 10 2. (A) Whenever [the state board of elections or other] A LOCAL board 11 of elections shall determine, on its own initiative or upon complaint, 12 or otherwise, that there is substantial reason to believe a violation of 13 this chapter or any code or regulation promulgated thereunder has 14 [occurred] BEEN COMMITTED BY A CANDIDATE OR POLITICAL COMMITTEE OR OTHER 15 PERSON OR ENTITY THAT FILES STATEMENTS REQUIRED BY ARTICLE FOURTEEN OF 16 THIS CHAPTER SOLELY WITH SUCH LOCAL BOARD, it shall expeditiously make 17 an investigation which shall also include investigation of reports and 18 statements made or failed to be made by the complainant and any poli- 19 tical committee supporting his candidacy if the complainant is a candi- 20 date or, if the complaint was made by an officer or member of a poli- 21 tical committee, of reports and statements made or failed to be made by 22 such political committee and any candidates supported by it. [The state 23 board of elections, in lieu of making such an investigation, may direct 24 the appropriate board of elections to make an investigation.] THE LOCAL 25 BOARD SHALL REPORT THE RESULTS OF ITS INVESTIGATION TO THE DIVISION OF 26 ELECTION LAW ENFORCEMENT CHIEF ENFORCEMENT COUNSEL WITHIN NINETY DAYS OF 27 THE START OF SUCH INVESTIGATION. THE CHIEF ENFORCEMENT COUNSEL MAY 28 DIRECT THE LOCAL BOARD OF ELECTIONS AT ANY TIME TO SUSPEND ITS INVESTI- 29 GATION SO THAT THE DIVISION OF ELECTION LAW ENFORCEMENT CAN INVESTIGATE 30 THE MATTER. 31 (B) The [state board of elections] CHIEF ENFORCEMENT COUNSEL may 32 request, and shall receive, the assistance of the state police in any 33 investigation it shall conduct. 34 [3. If, after an investigation, the state or other board of elections 35 finds reasonable cause to believe that a violation warranting criminal 36 prosecution has taken place, it shall forthwith refer the matter to the 37 district attorney of the appropriate county and shall make available to 38 such district attorney all relevant papers, documents, testimony and 39 findings relevant to its investigation. 40 4. The state or other board of elections may, where appropriate, 41 commence a judicial proceeding with respect to the filing or failure to 42 file any statement of receipts, expenditures, or contributions, under 43 the provisions of this chapter, and the state board of elections may 44 direct the appropriate other board of elections to commence such 45 proceeding. 46 5.] 3. UPON RECEIPT OF A COMPLAINT AND SUPPORTING INFORMATION ALLEGING 47 ANY OTHER VIOLATION OF THIS CHAPTER, THE CHIEF ENFORCEMENT COUNSEL SHALL 48 ANALYZE THE COMPLAINT TO DETERMINE IF AN INVESTIGATION SHOULD BE UNDER- 49 TAKEN. THE CHIEF ENFORCEMENT COUNSEL SHALL, IF NECESSARY, OBTAIN ADDI- 50 TIONAL INFORMATION FROM THE COMPLAINANT OR FROM OTHER SOURCES TO ASSIST 51 SUCH COUNSEL IN MAKING THIS DETERMINATION. SUCH ANALYSIS SHALL INCLUDE 52 THE FOLLOWING: FIRST, WHETHER THE ALLEGATIONS, IF TRUE, WOULD CONSTITUTE 53 A VIOLATION OF THIS CHAPTER AND, SECOND, WHETHER THE ALLEGATIONS ARE 54 SUPPORTED BY CREDIBLE EVIDENCE. 55 4. IF THE CHIEF ENFORCEMENT COUNSEL DETERMINES THAT THE ALLEGATIONS, 56 IF TRUE, WOULD NOT CONSTITUTE A VIOLATION OF THIS CHAPTER OR THAT THE S. 6355--A 31 A. 8555--A 1 ALLEGATIONS ARE NOT SUPPORTED BY CREDIBLE EVIDENCE, HE OR SHE SHALL 2 ISSUE A LETTER TO THE COMPLAINANT DISMISSING THE COMPLAINT. 3 5. THE CHIEF ENFORCEMENT COUNSEL SHALL HAVE THE POWER TO FULLY INVES- 4 TIGATE VIOLATIONS OF THIS CHAPTER, INCLUDING THE POWER TO ISSUE SUBPOE- 5 NAS AND TO APPLY FOR SEARCH WARRANTS PURSUANT TO ARTICLE SIX HUNDRED 6 NINETY OF THE CRIMINAL PROCEDURE LAW, AND, EXCEPT IN EXIGENT CIRCUM- 7 STANCES, SHALL GIVE PRIOR NOTICE OF THE APPLICATION TO THE DISTRICT 8 ATTORNEY OF THE COUNTY IN WHICH SUCH A WARRANT IS TO BE EXECUTED, AND IN 9 SUCH EXIGENT CIRCUMSTANCES SHALL GIVE SUCH NOTICE AS SOON THEREAFTER AS 10 IS PRACTICABLE; PROVIDED, HOWEVER THAT THE FAILURE TO GIVE NOTICE OF A 11 SEARCH WARRANT APPLICATION TO A DISTRICT ATTORNEY SHALL NOT BE A GROUND 12 TO SUPPRESS THE EVIDENCE SEIZED IN EXECUTING THE WARRANT. THE CHIEF 13 ENFORCEMENT COUNSEL SHALL BE FURTHER AUTHORIZED TO USE THE FULL INVESTI- 14 GATIVE POWERS OF THE STATE BOARD OF ELECTIONS, AS PROVIDED FOR IN SUBDI- 15 VISIONS THREE, FOUR, FIVE AND SIX OF SECTION 3-102 OF THIS TITLE. 16 6. THE CHIEF ENFORCEMENT COUNSEL MAY, AFTER CONSULTATION WITH THE 17 DISTRICT ATTORNEY AS TO THE TIME AND PLACE OF SUCH ATTENDANCE OR APPEAR- 18 ANCE, ATTEND IN PERSON ANY TERM OF THE COUNTY COURT OR SUPREME COURT 19 HAVING APPROPRIATE JURISDICTION, INCLUDING AN EXTRAORDINARY SPECIAL OR 20 TRIAL TERM OF THE SUPREME COURT WHEN ONE IS APPOINTED PURSUANT TO 21 SECTION ONE HUNDRED FORTY-NINE OF THE JUDICIARY LAW, OR APPEAR BEFORE 22 THE GRAND JURY THEREOF, FOR THE PURPOSE OF MANAGING AND CONDUCTING IN 23 SUCH COURT OR BEFORE SUCH JURY A CRIMINAL ACTION OR PROCEEDING CONCERNED 24 WITH A CRIMINAL VIOLATION OF THIS CHAPTER. THE CHIEF ENFORCEMENT COUN- 25 SEL MAY REPRESENT, AND SHALL RECEIVE, THE ASSISTANCE OF THE STATE POLICE 26 IN ANY INVESTIGATION HE OR SHE SHALL CONDUCT. IN SUCH CASE, SUCH CHIEF 27 ENFORCEMENT COUNSEL OR HIS OR HER ASSISTANT SO ATTENDING MAY EXERCISE 28 ALL THE POWERS AND PERFORM ALL THE DUTIES IN RESPECT OF SUCH ACTIONS OR 29 PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE BE AUTHORIZED OR 30 REQUIRED TO EXERCISE OR PERFORM. 31 7. (A) IF THE CHIEF ENFORCEMENT COUNSEL DETERMINES THAT SUBSTANTIAL 32 REASON EXISTS TO BELIEVE THAT A PERSON, ACTING AS OR ON BEHALF OF A 33 CANDIDATE OR POLITICAL COMMITTEE UNDER CIRCUMSTANCES EVINCING AN INTENT 34 TO VIOLATE SUCH LAW THAT DOES NOT OTHERWISE WARRANT CRIMINAL PROSE- 35 CUTION, HAS UNLAWFULLY ACCEPTED A CONTRIBUTION IN EXCESS OF A CONTRIB- 36 UTION LIMITATION ESTABLISHED IN ARTICLE FOURTEEN OF THIS CHAPTER OR HAS 37 UNLAWFULLY VIOLATED ANY PROVISION OF THIS CHAPTER, THE CHIEF ENFORCEMENT 38 COUNSEL SHALL SELECT A HEARING OFFICER, FROM A LIST OF PROSPECTIVE HEAR- 39 ING OFFICERS EACH APPROVED BY A TWO-THIRDS MAJORITY VOTE OF THE BOARD, 40 TO WHOM HE OR SHALL SHALL PROVIDE A WRITTEN REPORT AS TO: (1) WHETHER 41 SUBSTANTIAL REASON EXISTS TO BELIEVE A VIOLATION OF THIS CHAPTER HAS 42 OCCURRED AND, IF SO, THE NATURE OF THE VIOLATION AND ANY APPLICABLE 43 PENALTY, BASED ON THE NATURE OF THE VIOLATION; (2) WHETHER THE MATTER 44 SHOULD BE RESOLVED EXTRA-JUDICIALLY; AND (3) WHETHER A SPECIAL PROCEED- 45 ING SHOULD BE COMMENCED IN THE SUPREME COURT TO RECOVER A CIVIL PENALTY. 46 THE HEARING OFFICER SHALL MAKE FINDINGS OF FACT AND CONCLUSIONS OF LAW 47 BASED ON A PREPONDERANCE OF THE EVIDENCE AS TO WHETHER A VIOLATION HAS 48 BEEN ESTABLISHED AND WHO IS GUILTY OF SUCH VIOLATION ON NOTICE TO AND 49 WITH AN OPPORTUNITY FOR THE INDIVIDUAL OR ENTITY ACCUSED OF ANY 50 VIOLATIONS TO BE HEARD. THE CHIEF ENFORCEMENT COUNSEL SHALL ADOPT SUCH 51 REPORT AND COMMENCE A SPECIAL PROCEEDING IN THE SUPREME COURT PURSUANT 52 TO SECTIONS 16-100, 16-114 AND 16-116 OF THIS CHAPTER SHOULD THE FIND- 53 INGS OF FACT AND CONCLUSIONS OF LAW SUPPORT THE COMMENCEMENT OF SUCH 54 PROCEEDING. IF THE BOARD OF ELECTIONS FAILS TO PRODUCE A LIST OF ELIGI- 55 BLE HEARING OFFICERS, THE CHIEF ENFORCEMENT COUNSEL MAY COMMENCE A S. 6355--A 32 A. 8555--A 1 SPECIAL PROCEEDING AS PROVIDED HEREIN IN ACCORDANCE WITH RECOMMENDATIONS 2 MADE IN HIS OR HER REPORT. 3 (B) IF THE CHIEF ENFORCEMENT COUNSEL DETERMINES, THAT REASONABLE CAUSE 4 EXISTS TO BELIEVE A VIOLATION WARRANTING CRIMINAL PROSECUTION HAS TAKEN 5 PLACE, THE CHIEF ENFORCEMENT COUNSEL SHALL COMMENCE A CRIMINAL ACTION OR 6 REFER SUCH MATTER TO THE ATTORNEY GENERAL OR DISTRICT ATTORNEY WITH 7 JURISDICTION OVER SUCH MATTER TO COMMENCE A CRIMINAL ACTION AS SUCH TERM 8 IS DEFINED IN THE CRIMINAL PROCEDURE LAW. 9 8. UPON NOTIFICATION THAT A SPECIAL PROCEEDING HAS BEEN COMMENCED BY A 10 PARTY OTHER THAN THE STATE BOARD OF ELECTIONS, PURSUANT TO SECTION 11 16-114 OF THIS CHAPTER, THE CHIEF ENFORCEMENT COUNSEL SHALL INVESTIGATE 12 THE ALLEGED VIOLATIONS UNLESS OTHERWISE DIRECTED BY THE COURT. 13 9. THE CHIEF ENFORCEMENT COUNSEL SHALL PREPARE A REPORT, TO BE 14 INCLUDED IN THE ANNUAL REPORT TO THE GOVERNOR, THE STATE BOARD OF 15 ELECTIONS AND LEGISLATURE, SUMMARIZING THE ACTIVITIES OF THE UNIT DURING 16 THE PREVIOUS YEAR. 17 10. The state board of elections may promulgate rules and regulations 18 consistent with law to effectuate the provisions of this section. 19 S 5. Subdivision 32 of section 1.20 of the criminal procedure law, as 20 amended by section 4 of part A of chapter 501 of the laws of 2012, is 21 amended to read as follows: 22 32. "District attorney" means a district attorney, an assistant 23 district attorney or a special district attorney, and, where appropri- 24 ate, the attorney general, an assistant attorney general, a deputy 25 attorney general, a special deputy attorney general, [or] the special 26 prosecutor and inspector general for the protection of people with 27 special needs or his or her assistants when acting pursuant to their 28 duties in matters arising under article twenty of the executive law, OR 29 THE CHIEF ENFORCEMENT COUNSEL OF THE STATE BOARD OF ELECTIONS WHEN 30 ACTING PURSUANT TO HIS OR HER DUTIES IN MATTERS ARISING UNDER THE 31 ELECTION LAW. 32 S 6. This act shall take effect on the ninetieth day after it shall 33 have become a law. 34 SUBPART C 35 Section 1. Section 14-100 of the election law is amended by adding 36 four new subdivisions 12, 13, 14 and 15 to read as follows: 37 12. "CLEARLY IDENTIFIED CANDIDATE" MEANS THAT: 38 (A) THE NAME OF THE CANDIDATE INVOLVED APPEARS; 39 (B) A PHOTOGRAPH OR DRAWING OF THE CANDIDATE APPEARS; OR 40 (C) THE IDENTITY OF THE CANDIDATE IS APPARENT BY UNAMBIGUOUS REFER- 41 ENCE. 42 13. "GENERAL PUBLIC AUDIENCE" MEANS AN AUDIENCE COMPOSED OF MEMBERS OF 43 THE PUBLIC, INCLUDING A TARGETED SUBGROUP OF MEMBERS OF THE PUBLIC; 44 PROVIDED, HOWEVER, IT DOES NOT MEAN AN AUDIENCE SOLELY COMPRISED OF 45 MEMBERS, RETIREES AND STAFF OF A LABOR ORGANIZATION OR THEIR IMMEDIATE 46 FAMILY MEMBERS OR AN AUDIENCE SOLELY COMPRISED OF EMPLOYEES OF A CORPO- 47 RATION, UNINCORPORATED BUSINESS ENTITY OR MEMBERS OF A BUSINESS, TRADE 48 OR PROFESSIONAL ASSOCIATION OR ORGANIZATION. 49 14. "LABOR ORGANIZATION" MEANS ANY ORGANIZATION OF ANY KIND WHICH 50 EXISTS FOR THE PURPOSE, IN WHOLE OR IN PART, OF REPRESENTING EMPLOYEES 51 EMPLOYED WITHIN THE STATE OF NEW YORK IN DEALING WITH EMPLOYERS OR 52 EMPLOYER ORGANIZATIONS OR WITH A STATE GOVERNMENT, OR ANY POLITICAL OR 53 CIVIL SUBDIVISION OR OTHER AGENCY THEREOF, CONCERNING TERMS AND CONDI- 54 TIONS OF EMPLOYMENT, GRIEVANCES, LABOR DISPUTES, OR OTHER MATTERS INCI- S. 6355--A 33 A. 8555--A 1 DENTAL TO THE EMPLOYMENT RELATIONSHIP. FOR THE PURPOSES OF THIS ARTICLE, 2 EACH LOCAL, PARENT NATIONAL OR PARENT INTERNATIONAL ORGANIZATION OF A 3 STATEWIDE LABOR ORGANIZATION, AND EACH STATEWIDE FEDERATION RECEIVING 4 DUES FROM SUBSIDIARY LABOR ORGANIZATIONS, SHALL BE CONSIDERED A SEPARATE 5 LABOR ORGANIZATION. 6 15. "INTERMEDIARY" MEANS AN INDIVIDUAL, CORPORATION, PARTNERSHIP, 7 POLITICAL COMMITTEE, LABOR ORGANIZATION, OR OTHER ENTITY WHICH, OTHER 8 THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY, OR MESSEN- 9 GER SERVICE, DELIVERS ANY CONTRIBUTION FROM ANOTHER PERSON OR ENTITY TO 10 A CANDIDATE OR AN AUTHORIZED COMMITTEE. 11 "INTERMEDIARY" SHALL NOT INCLUDE SPOUSES, PARENTS, CHILDREN, OR 12 SIBLINGS OF THE PERSON MAKING SUCH CONTRIBUTION. 13 S 2. Subdivision 1 of section 14-102 of the election law, as amended 14 by chapter 8 and as redesignated by chapter 9 of the laws of 1978, is 15 amended to read as follows: 16 1. The treasurer of every political committee which, or any officer, 17 member or agent of any such committee who, in connection with any 18 election, receives or expends any money or other valuable thing or 19 incurs any liability to pay money or its equivalent shall file state- 20 ments sworn, or subscribed and bearing a form notice that false state- 21 ments made therein are punishable as a class A misdemeanor pursuant to 22 section 210.45 of the penal law, at the times prescribed by this [arti- 23 cle] TITLE setting forth all the receipts, contributions to and the 24 expenditures by and liabilities of the committee, and of its officers, 25 members and agents in its behalf. Such statements shall include the 26 dollar amount of any receipt, contribution or transfer, or the fair 27 market value of any receipt, contribution or transfer, which is other 28 than of money, the name and address of the transferor, contributor, 29 INTERMEDIARY, or person from whom received, and if the transferor, 30 contributor, INTERMEDIARY, or person is a political committee; the name 31 of and the political unit represented by the committee, the date of its 32 receipt, the dollar amount of every expenditure, the name and address of 33 the person to whom it was made or the name of and the political unit 34 represented by the committee to which it was made and the date thereof, 35 and shall state clearly the purpose of such expenditure. AN INTERMEDIARY 36 NEED NOT BE REPORTED FOR A CONTRIBUTION THAT WAS COLLECTED FROM A 37 CONTRIBUTOR IN CONNECTION WITH A PARTY OR OTHER CANDIDATE-RELATED EVENT 38 HELD AT THE RESIDENCE OF THE PERSON DELIVERING THE CONTRIBUTION, UNLESS 39 THE EXPENSES OF SUCH EVENT AT SUCH RESIDENCE FOR SUCH CANDIDATE EXCEED 40 FIVE HUNDRED DOLLARS OR THE AGGREGATE CONTRIBUTIONS RECEIVED FROM THAT 41 CONTRIBUTOR AT SUCH EVENT EXCEED FIVE HUNDRED DOLLARS. Any statement 42 reporting a loan shall have attached to it a copy of the evidence of 43 indebtedness. Expenditures in sums under fifty dollars need not be 44 specifically accounted for by separate items in said statements, and 45 receipts and contributions aggregating not more than ninety-nine 46 dollars, from any one contributor need not be specifically accounted for 47 by separate items in said statements, provided however, that such 48 expenditures, receipts and contributions shall be subject to the other 49 provisions of section 14-118 of this [article] TITLE. 50 S 3. Section 14-106 of the election law, as amended by section 2 of 51 part E of chapter 399 of the laws of 2011, is amended to read as 52 follows: 53 S 14-106. Political communication. The statements required to be filed 54 under the provisions of this article next succeeding a primary, general 55 or special election shall be accompanied by a copy of all broadcast, 56 cable or satellite schedules and scripts, internet, print and other S. 6355--A 34 A. 8555--A 1 types of advertisements, pamphlets, circulars, flyers, brochures, 2 letterheads and other printed matter purchased or produced, AND REPROD- 3 UCTIONS OF STATEMENTS OR INFORMATION PUBLISHED TO ONE THOUSAND OR MORE 4 MEMBERS OF A GENERAL PUBLIC AUDIENCE BY COMPUTER OR OTHER ELECTRONIC 5 DEVICE INCLUDING BUT NOT LIMITED TO ELECTRONIC MAIL OR TEXT MESSAGE, 6 purchased in connection with such election by or under the authority of 7 the person filing the statement or the committee or the person on whose 8 behalf it is filed, as the case may be. Such copies, schedules and 9 scripts shall be preserved by the officer with whom or the board with 10 which it is required to be filed for a period of one year from the date 11 of filing thereof. 12 S 4. The election law is amended by adding a new section 14-107 to 13 read as follows: 14 S 14-107. INDEPENDENT EXPENDITURE REPORTING. 1. FOR PURPOSES OF THIS 15 ARTICLE: 16 (A) "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE BY A PERSON 17 FOR AN AUDIO OR VIDEO COMMUNICATION VIA BROADCAST, CABLE OR SATELLITE OR 18 A WRITTEN COMMUNICATION TO A GENERAL PUBLIC AUDIENCE VIA ADVERTISEMENTS, 19 PAMPHLETS, CIRCULARS, FLYERS, BROCHURES, LETTERHEADS OR OTHER PRINTED 20 MATTER AND STATEMENTS OR INFORMATION CONVEYED TO ONE THOUSAND OR MORE 21 MEMBERS OF A GENERAL PUBLIC AUDIENCE WHICH: (I) UNAMBIGUOUSLY REFERS TO 22 AND ADVOCATES FOR OR AGAINST A CLEARLY IDENTIFIED CANDIDATE OR EXPRESSLY 23 ADVOCATES THE SUCCESS OR DEFEAT OF A BALLOT PROPOSAL, AND (II) SUCH 24 CANDIDATE, THE CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLI- 25 TICAL COMMITTEE FORMED TO PROMOTE THE SUCCESS OR DEFEAT OF A BALLOT 26 PROPOSAL OR ITS AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR 27 COOPERATE IN ANY SUCH COMMUNICATION. FOR THE PURPOSES OF THIS DEFI- 28 NITION, A COMMUNICATION ADVOCATES FOR OR AGAINST A CANDIDATE WHEN IT (I) 29 IRRESPECTIVE OF WHEN SUCH COMMUNICATION IS MADE, CONTAINS WORDS SUCH AS 30 "VOTE," "OPPOSE," "SUPPORT," "ELECT," "DEFEAT," OR "REJECT," WHICH CALL 31 FOR THE ELECTION OR DEFEAT OF THE CLEARLY IDENTIFIED CANDIDATE, OR (II) 32 WITHIN ONE YEAR OF THE ELECTION BUT MORE THAN SIXTY DAYS BEFORE A GENER- 33 AL OR SPECIAL ELECTION FOR THE OFFICE SOUGHT BY THE CANDIDATE OR THIRTY 34 DAYS BEFORE A PRIMARY ELECTION, COULD ONLY BE INTERPRETED BY A REASON- 35 ABLE PERSON AS ADVOCATING FOR THE ELECTION OR DEFEAT OF THE CLEARLY 36 IDENTIFIED CANDIDATE IN SUCH ELECTION BASED UPON UNEQUIVOCAL, UNAMBIG- 37 UOUS TERMS OF SUPPORT OR OPPOSITION, OR (III) WITHIN SIXTY DAYS PRIOR TO 38 A GENERAL OR SPECIAL ELECTION FOR THE OFFICE SOUGHT BY THE CANDIDATE OR 39 THIRTY DAYS BEFORE A PRIMARY ELECTION, INCLUDES OR REFERENCES A CLEARLY 40 IDENTIFIED CANDIDATE. 41 (B) INDEPENDENT EXPENDITURES DO NOT INCLUDE EXPENDITURES IN CONNECTION 42 WITH: 43 (I) A WRITTEN NEWS STORY, COMMENTARY, OR EDITORIAL OR A NEWS STORY, 44 COMMENTARY, OR EDITORIAL DISTRIBUTED THROUGH THE FACILITIES OF ANY 45 BROADCASTING STATION, CABLE OR SATELLITE UNLESS SUCH PUBLICATION OR 46 FACILITIES ARE OWNED OR CONTROLLED BY ANY POLITICAL PARTY, POLITICAL 47 COMMITTEE OR CANDIDATE; OR 48 (II) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR 49 (III) INTERNAL COMMUNICATION BY MEMBERS TO OTHER MEMBERS OF A MEMBER- 50 SHIP ORGANIZATION, FOR THE PURPOSE OF SUPPORTING OR OPPOSING A CANDIDATE 51 OR CANDIDATES FOR ELECTIVE OFFICE, PROVIDED SUCH EXPENDITURES ARE NOT 52 USED FOR THE COSTS OF CAMPAIGN MATERIAL OR COMMUNICATIONS USED IN 53 CONNECTION WITH BROADCASTING, TELECASTING, NEWSPAPERS, MAGAZINES, OR 54 OTHER PERIODICAL PUBLICATION, BILLBOARDS, OR SIMILAR TYPES OF GENERAL 55 PUBLIC COMMUNICATIONS; OR S. 6355--A 35 A. 8555--A 1 (IV) A COMMUNICATION PUBLISHED ON THE INTERNET, UNLESS THE COMMUNI- 2 CATION IS A PAID ADVERTISEMENT. 3 (C) FOR PURPOSES OF THIS SECTION, THE TERM "PERSON" SHALL MEAN PERSON, 4 GROUP OF PERSONS, CORPORATION, UNINCORPORATED BUSINESS ENTITY, LABOR 5 ORGANIZATION OR BUSINESS, TRADE OR PROFESSIONAL ASSOCIATION OR ORGANIZA- 6 TION, OR POLITICAL COMMITTEE. 7 2. WHENEVER ANY PERSON MAKES AN INDEPENDENT EXPENDITURE THAT COSTS 8 MORE THAN ONE THOUSAND DOLLARS IN THE AGGREGATE, SUCH COMMUNICATION 9 SHALL CLEARLY STATE THE NAME OF THE PERSON WHO PAID FOR, OR OTHERWISE 10 PUBLISHED OR DISTRIBUTED THE COMMUNICATION AND STATE, WITH RESPECT TO 11 COMMUNICATIONS REGARDING CANDIDATES, THAT THE COMMUNICATION WAS NOT 12 EXPRESSLY AUTHORIZED OR REQUESTED BY ANY CANDIDATE, OR BY ANY CANDI- 13 DATE'S POLITICAL COMMITTEE OR ANY OF ITS AGENTS. 14 3. (A) ANY PERSON WHO MAKES ANY INDEPENDENT EXPENDITURE IN AN UPCOMING 15 CALENDAR YEAR SHALL FIRST REGISTER WITH THE STATE BOARD OF ELECTIONS AS 16 A POLITICAL COMMITTEE IN CONFORMANCE WITH THIS ARTICLE. 17 (B) ANY PERSON WHO IS REGISTERED PURSUANT TO PARAGRAPH (A) OF THIS 18 SUBDIVISION SHALL REPORT INDEPENDENT EXPENDITURES OVER ONE THOUSAND 19 DOLLARS TO THE STATE BOARD OF ELECTIONS ON A STATEMENT IN THE FORM SET 20 FORTH IN SUBDIVISION FOUR OF THIS SECTION AND AT TIMES SET FORTH IN THIS 21 SUBDIVISION. 22 (C) ANY CONTRIBUTION OVER ONE THOUSAND DOLLARS MADE TO ANY PERSON WHO 23 HAS REGISTERED WITH THE STATE BOARD OF ELECTIONS PURSUANT TO PARAGRAPH 24 (A) OF THIS SUBDIVISION PRIOR TO THIRTY DAYS BEFORE ANY PRIMARY, GENER- 25 AL, OR SPECIAL ELECTION SHALL BE DISCLOSED BY SUCH PERSON TO THE STATE 26 BOARD OF ELECTIONS ELECTRONICALLY WITHIN FORTY-EIGHT HOURS OF RECEIPT. 27 (D) ANY CONTRIBUTION OVER ONE THOUSAND DOLLARS MADE TO ANY PERSON WHO 28 HAS REGISTERED WITH THE STATE BOARD OF ELECTIONS PURSUANT TO PARAGRAPH 29 (A) OF THIS SUBDIVISION WITHIN THIRTY DAYS BEFORE ANY PRIMARY, GENERAL, 30 OR SPECIAL ELECTION SHALL BE DISCLOSED BY SUCH PERSON TO THE STATE BOARD 31 OF ELECTIONS ELECTRONICALLY WITHIN TWENTY-FOUR HOURS OF RECEIPT. 32 (E) A KNOWING AND WILLFUL VIOLATION OF THE PROVISIONS OF THIS SUBDIVI- 33 SION SHALL SUBJECT THE PERSON TO A CIVIL PENALTY EQUAL TO FIVE THOUSAND 34 DOLLARS OR THE COST OF THE COMMUNICATION, WHICHEVER IS GREATER, IN A 35 SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE BOARD OR IMPOSED 36 DIRECTLY BY THE BOARD OF ELECTIONS. 37 4. EACH SUCH STATEMENT IN SUBDIVISION THREE OF THIS SECTION SHALL 38 INCLUDE, IN ADDITION TO ANY OTHER INFORMATION REQUIRED BY LAW: 39 (A) THE NAME, ADDRESS, OCCUPATION AND EMPLOYER OF THE PERSON MAKING 40 THE STATEMENT; 41 (B) THE NAME, ADDRESS, OCCUPATION AND EMPLOYER OF THE PERSON MAKING 42 THE INDEPENDENT EXPENDITURE; 43 (C) THE NAME, ADDRESS, OCCUPATION AND EMPLOYER OF ANY PERSON PROVIDING 44 A CONTRIBUTION, GIFT, LOAN, ADVANCE OR DEPOSIT OF ONE THOUSAND DOLLARS 45 OR MORE FOR THE INDEPENDENT EXPENDITURE, OR THE PROVISION OF SERVICES 46 FOR THE SAME, AND THE DATE IT WAS GIVEN; PROVIDED, HOWEVER, THE NAME AND 47 ADDRESS OF A MEMBER OF A LABOR ORGANIZATION IS NOT REQUIRED FOR A 48 CONTRIBUTION, GIFT, LOAN, ADVANCE OR DEPOSIT TO A LABOR ORGANIZATION; 49 AND PROVIDED FURTHER THAT THE NAME AND ADDRESS OF AN EMPLOYEE OF A 50 CORPORATION, UNINCORPORATED BUSINESS ENTITY OR A MEMBER OF A BUSINESS, 51 TRADE OR PROFESSIONAL ASSOCIATION OR ORGANIZATION IS NOT REQUIRED FOR A 52 CONTRIBUTION, GIFT, LOAN, ADVANCE OR DEPOSIT TO SUCH CORPORATION, UNIN- 53 CORPORATED BUSINESS ENTITY OR BUSINESS, TRADE OR PROFESSIONAL ASSOCI- 54 ATION OR ORGANIZATION RESPECTIVELY; S. 6355--A 36 A. 8555--A 1 (D) THE DOLLAR AMOUNT PAID FOR EACH INDEPENDENT EXPENDITURE, THE NAME 2 AND ADDRESS OF THE PERSON OR ENTITY RECEIVING THE PAYMENT, THE DATE THE 3 PAYMENT WAS MADE AND A DESCRIPTION OF THE INDEPENDENT EXPENDITURE; AND 4 (E) THE ELECTION TO WHICH THE INDEPENDENT EXPENDITURE PERTAINS AND THE 5 NAME OF THE CLEARLY IDENTIFIED CANDIDATE OR THE BALLOT PROPOSAL REFER- 6 ENCED. 7 5. A COPY OF ALL POLITICAL COMMUNICATIONS PAID FOR BY THE INDEPENDENT 8 EXPENDITURE, INCLUDING BUT NOT LIMITED TO BROADCAST, CABLE OR SATELLITE 9 SCHEDULES AND SCRIPTS, ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS, 10 BROCHURES, LETTERHEADS AND OTHER PRINTED MATTER AND STATEMENTS OR INFOR- 11 MATION CONVEYED TO ONE THOUSAND OR MORE MEMBERS OF A GENERAL PUBLIC 12 AUDIENCE BY COMPUTER OR OTHER ELECTRONIC DEVICES SHALL BE FILED WITH THE 13 STATE BOARD OF ELECTIONS WITH THE STATEMENTS REQUIRED BY THIS SECTION. 14 6. EVERY STATEMENT REQUIRED TO BE FILED PURSUANT TO THIS SECTION SHALL 15 BE FILED ELECTRONICALLY WITH THE STATE BOARD OF ELECTIONS. 16 7. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE REGULATIONS WITH 17 RESPECT TO THE STATEMENTS REQUIRED TO BE FILED BY THIS SECTION AND SHALL 18 PROVIDE FORMS SUITABLE FOR SUCH STATEMENTS. 19 S 5. Subdivision 3 of section 14-124 of the election law, as amended 20 by chapter 71 of the laws of 1988, is amended to read as follows: 21 3. The contribution and receipt limits of this article shall not apply 22 to monies received and expenditures made by a party committee or consti- 23 tuted committee to maintain a permanent headquarters and staff and carry 24 on ordinary activities which are not for the express purpose of promot- 25 ing the candidacy of specific candidates, EXCEPT THAT CONTRIBUTIONS MADE 26 FOR SUCH ACTIVITIES TO A PARTY COMMITTEE OR CONSTITUTED COMMITTEE SHALL 27 BE LIMITED TO TWENTY-FIVE THOUSAND DOLLARS IN THE AGGREGATE FROM EACH 28 CONTRIBUTOR IN EACH YEAR. 29 S 6. Section 14-126 of the election law, as amended by section 3 of 30 part E of chapter 399 of the laws of 2011, is amended to read as 31 follows: 32 S 14-126. Violations; penalties. 1. (A) Any person who fails to file a 33 statement required to be filed by this article shall be subject to a 34 civil penalty, not in excess of one thousand dollars, to be recoverable 35 in a special proceeding or civil action to be brought by the [state 36 board of elections or other board of elections] CHIEF ENFORCEMENT COUN- 37 SEL PURSUANT TO THIS CHAPTER OR IMPOSED DIRECTLY BY THE STATE BOARD OF 38 ELECTIONS. Any person who, three or more times within a given election 39 cycle for such term of office, fails to file a statement or statements 40 required to be filed by this article, shall be subject to a civil penal- 41 ty, not in excess of ten thousand dollars, to be recoverable as provided 42 for in this subdivision. 43 (B) FINES AUTHORIZED TO BE IMPOSED DIRECTLY BY THE STATE BOARD OF 44 ELECTIONS SHALL BE AFTER A HEARING AT WHICH THE SUBJECT PERSON OR 45 AUTHORIZED COMMITTEE SHALL BE GIVEN THE OPPORTUNITY TO BE HEARD. SUCH 46 HEARING SHALL BE HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY BE 47 PRESCRIBED BY THE RULES OF THE STATE BOARD OF ELECTIONS. FOR PURPOSES OF 48 CONDUCTING SUCH HEARINGS, THE STATE BOARD OF ELECTIONS SHALL BE DEEMED 49 TO BE AN AGENCY WITHIN THE MEANING OF ARTICLE THREE OF THE STATE ADMIN- 50 ISTRATIVE PROCEDURE ACT AND SHALL ADOPT RULES GOVERNING THE CONDUCT OF 51 ADJUDICATORY PROCEEDINGS AND APPEALS TAKEN PURSUANT TO A PROCEEDING 52 COMMENCED UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND 53 RULES RELATING TO THE ASSESSMENT OF THE CIVIL PENALTIES AUTHORIZED IN 54 THIS SECTION. 55 (C) ALL PAYMENTS RECEIVED BY THE STATE BOARD OF ELECTIONS PURSUANT TO 56 THIS SECTION SHALL BE RETAINED IN THE APPROPRIATE ACCOUNTS AS DESIGNATED S. 6355--A 37 A. 8555--A 1 BY THE DIVISION OF THE BUDGET FOR ENFORCEMENT ACTIVITIES BY THE BOARD OF 2 ELECTIONS. 3 2. Any person who, acting as or on behalf of a candidate or political 4 committee, under circumstances evincing an intent to violate such law, 5 unlawfully accepts a contribution in excess of a contribution limitation 6 established in this article, shall be required to refund such excess 7 amount and shall be subject to a civil penalty equal to the excess 8 amount plus a fine of up to ten thousand dollars, to be recoverable in a 9 special proceeding or civil action to be brought by the state board of 10 elections CHIEF ENFORCEMENT COUNSEL OR IMPOSED DIRECTLY BY THE STATE 11 BOARD OF ELECTIONS. 12 3. ANY PERSON WHO FALSELY IDENTIFIES OR FAILS TO IDENTIFY ANY INDE- 13 PENDENT EXPENDITURE AS REQUIRED BY SUBDIVISION TWO OF SECTION 14-107 OF 14 THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY EQUAL TO ONE THOUSAND 15 DOLLARS OR THE COST OF THE COMMUNICATION, WHICHEVER IS GREATER, IN A 16 SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE STATE BOARD OF 17 ELECTIONS CHIEF ENFORCEMENT COUNSEL OR IMPOSED DIRECTLY BY THE STATE 18 BOARD OF ELECTIONS. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "PERSON" 19 SHALL MEAN A PERSON, GROUP OF PERSONS, CORPORATION, UNINCORPORATED BUSI- 20 NESS ENTITY, LABOR ORGANIZATION OR BUSINESS, TRADE OR PROFESSIONAL ASSO- 21 CIATION OR ORGANIZATION OR POLITICAL COMMITTEE. 22 4. Any person who knowingly and willfully fails to file a statement 23 required to be filed by this article within ten days after the date 24 provided for filing such statement or any person who knowingly and will- 25 fully violates any other provision of this article shall be guilty of a 26 misdemeanor. 27 [4.] 5. Any person who knowingly and willfully contributes, accepts or 28 aids or participates in the acceptance of a contribution in an amount 29 exceeding an applicable maximum specified in this article shall be guil- 30 ty of a CLASS A misdemeanor. 31 [5.] 6. Any person who shall, acting on behalf of a candidate or poli- 32 tical committee, knowingly and willfully solicit, organize or coordinate 33 the formation of activities of one or more unauthorized committees, make 34 expenditures in connection with the nomination for election or election 35 of any candidate, or solicit any person to make any such expenditures, 36 for the purpose of evading the contribution limitations of this article, 37 shall be guilty of a class E felony. 38 S 7. This act shall take effect June 1, 2014. 39 SUBPART D 40 Section 1. The article heading of article 14 of the election law is 41 amended to read as follows: 42 [Campaign Receipts and Expenditures] CAMPAIGN RECEIPTS AND EXPENDI- 43 TURES; PUBLIC FINANCING 44 S 2. Sections 14-100 through 14-130 of article 14 of the election law 45 are designated title I and a new title heading is added to read as 46 follows: 47 CAMPAIGN RECEIPTS AND EXPENDITURES 48 S 3. Section 14-100 of the election law is amended by adding a new 49 subdivision 16 to read as follows: 50 16. "AUTHORIZED COMMITTEE" MEANS THE SINGLE POLITICAL COMMITTEE DESIG- 51 NATED BY A CANDIDATE TO RECEIVE ALL CONTRIBUTIONS AUTHORIZED BY THIS 52 TITLE. 53 S 3-a. Section 3-104 of the election law is amended by adding a new 54 subdivision 6 to read as follows: S. 6355--A 38 A. 8555--A 1 6. THERE SHALL BE A UNIT KNOWN AS THE STATE BOARD OF ELECTIONS PUBLIC 2 FINANCING UNIT ESTABLISHED WITHIN THE STATE BOARD OF ELECTIONS, WHICH 3 SHALL BE RESPONSIBLE FOR ADMINISTERING AND, WITH THE DIVISION OF 4 ELECTION LAW ENFORCEMENT, ENFORCING THE REQUIREMENTS OF THE PUBLIC 5 FINANCING SYSTEM SET FORTH IN TITLE TWO OF ARTICLE FOURTEEN OF THIS 6 CHAPTER. 7 S 3-b. Subdivision 2 of section 14-108 of the election law, as amended 8 by chapter 109 of the laws of 1997, is amended to read as follows: 9 2. Each statement shall cover the period up to and including the 10 fourth day next preceding the day specified for the filing thereof[; 11 provided, however, that]. THE RECEIPT OF ANY CONTRIBUTION OR LOAN IN 12 EXCESS OF ONE THOUSAND DOLLARS SHALL BE DISCLOSED WITHIN FORTY-EIGHT 13 HOURS OF RECEIPT, AND SHALL BE REPORTED IN THE SAME MANNER AS ANY OTHER 14 CONTRIBUTION OR LOAN ON THE NEXT APPLICABLE STATEMENT. HOWEVER, any 15 contribution or loan in excess of one thousand dollars, if received 16 after the close of the period to be covered in the last statement filed 17 before any primary, general or special election but before such 18 election, shall be reported, in the same manner as other contributions, 19 within twenty-four hours after receipt. 20 S 4. Subdivisions 1 and 10 of section 14-114 of the election law, 21 subdivision 1 as amended and subdivision 10 as added by chapter 79 of 22 the laws of 1992 and paragraphs a and b of subdivision 1 as amended by 23 chapter 659 of the laws of 1994, are amended to read as follows: 24 1. The following limitations apply to all contributions to candidates 25 for election to any public office or for nomination for any such office, 26 or for election to any party positions, and to all contributions to 27 political committees working directly or indirectly with any candidate 28 to aid or participate in such candidate's nomination or election, other 29 than any contributions to any party committee or constituted committee: 30 a. In any election for a public office to be voted on by the voters of 31 the entire state, or for nomination to any such office, no contributor 32 may make a contribution to any candidate or political committee PARTIC- 33 IPATING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM AS DEFINED IN 34 TITLE TWO OF THIS ARTICLE, and no SUCH candidate or political committee 35 may accept any contribution from any contributor, which is in the aggre- 36 gate amount greater than: (i) in the case of any nomination to public 37 office, the product of the total number of enrolled voters in the candi- 38 date's party in the state, excluding voters in inactive status, multi- 39 plied by $.005, but such amount shall be not [less than four thousand 40 dollars nor] more than [twelve] SIX thousand dollars [as increased or 41 decreased by the cost of living adjustment described in paragraph c of 42 this subdivision,] and (ii) in the case of any election to [a] SUCH 43 public office, [twenty-five] SIX thousand dollars [as increased or 44 decreased by the cost of living adjustment described in paragraph c of 45 this subdivision]; provided however, that the maximum amount which may 46 be so contributed or accepted, in the aggregate, from any candidate's 47 child, parent, grandparent, brother and sister, and the spouse of any 48 such persons, shall not exceed in the case of any nomination to public 49 office an amount equivalent to the product of the number of enrolled 50 voters in the candidate's party in the state, excluding voters in inac- 51 tive status, multiplied by $.025, and in the case of any election for a 52 public office, an amount equivalent to the product of the number of 53 registered voters in the state excluding voters in inactive status, 54 multiplied by $.025. 55 b. In any other election for party position or for election to a 56 public office or for nomination for any such office, no contributor may S. 6355--A 39 A. 8555--A 1 make a contribution to any candidate or political committee PARTICIPAT- 2 ING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM DEFINED IN TITLE TWO 3 OF THIS ARTICLE (FOR THOSE OFFICES OR POSITIONS COVERED BY THAT SYSTEM) 4 and no SUCH candidate or political committee may accept any contribution 5 from any contributor, which is in the aggregate amount greater than: (i) 6 in the case of any election for party position, or for nomination to 7 public office, the product of the total number of enrolled voters in the 8 candidate's party in the district in which he is a candidate, excluding 9 voters in inactive status, multiplied by $.05, and (ii) in the case of 10 any election for a public office, the product of the total number of 11 registered voters in the district, excluding voters in inactive status, 12 multiplied by $.05, however in the case of a nomination within the city 13 of New York for the office of mayor, public advocate or comptroller, 14 such amount shall be not less than four thousand dollars nor more than 15 twelve thousand dollars as increased or decreased by the cost of living 16 adjustment described in paragraph [c] E of this subdivision; in the case 17 of an election within the city of New York for the office of mayor, 18 public advocate or comptroller, twenty-five thousand dollars as 19 increased or decreased by the cost of living adjustment described in 20 paragraph [c] E of this subdivision; in the case of a nomination OR 21 ELECTION for state senator, four thousand dollars [as increased or 22 decreased by the cost of living adjustment described in paragraph c of 23 this subdivision; in the case of an election for state senator, six 24 thousand two hundred fifty dollars as increased or decreased by the cost 25 of living adjustment described in paragraph c of this subdivision]; in 26 the case of an election or nomination for a member of the assembly, 27 [twenty-five hundred] TWO THOUSAND dollars [as increased or decreased by 28 the cost of living adjustment described in paragraph c of this subdivi- 29 sion; but in no event shall any such maximum exceed fifty thousand 30 dollars or be less than one thousand dollars]; provided however, that 31 the maximum amount which may be so contributed or accepted, in the 32 aggregate, from any candidate's child, parent, grandparent, brother and 33 sister, and the spouse of any such persons, shall not exceed in the case 34 of any election for party position or nomination for public office an 35 amount equivalent to the number of enrolled voters in the candidate's 36 party in the district in which he is a candidate, excluding voters in 37 inactive status, multiplied by $.25 and in the case of any election to 38 public office, an amount equivalent to the number of registered voters 39 in the district, excluding voters in inactive status, multiplied by 40 $.25; or twelve hundred fifty dollars, whichever is greater, or in the 41 case of a nomination or election of a state senator, twenty thousand 42 dollars, whichever is greater, or in the case of a nomination or 43 election of a member of the assembly twelve thousand five hundred 44 dollars, whichever is greater, but in no event shall any such maximum 45 exceed one hundred thousand dollars. 46 C. IN ANY ELECTION FOR A PUBLIC OFFICE TO BE VOTED ON BY THE VOTERS 47 OF THE ENTIRE STATE, OR FOR NOMINATION TO ANY SUCH OFFICE, NO CONTRIBU- 48 TOR MAY MAKE A CONTRIBUTION TO ANY CANDIDATE OR POLITICAL COMMITTEE IN 49 CONNECTION WITH A CANDIDATE WHO IS NOT A PARTICIPATING CANDIDATE AS 50 DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE, AND 51 NO SUCH CANDIDATE OR POLITICAL COMMITTEE MAY ACCEPT ANY CONTRIBUTION 52 FROM ANY CONTRIBUTOR, WHICH IS IN THE AGGREGATE AMOUNT GREATER THAN: 53 (I) IN THE CASE OF ANY NOMINATION TO PUBLIC OFFICE, THE PRODUCT OF THE 54 TOTAL NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN THE STATE, 55 EXCLUDING VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.005, BUT SUCH 56 AMOUNT SHALL BE NOT LESS THAN FOUR THOUSAND DOLLARS NOR MORE THAN TEN S. 6355--A 40 A. 8555--A 1 THOUSAND DOLLARS, AND (II) IN THE CASE OF ANY ELECTION TO A PUBLIC 2 OFFICE, FIFTEEN THOUSAND DOLLARS; PROVIDED HOWEVER, THAT THE MAXIMUM 3 AMOUNT WHICH MAY BE SO CONTRIBUTED OR ACCEPTED, IN THE AGGREGATE, FROM 4 ANY CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER AND SISTER, AND THE 5 SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED IN THE CASE OF ANY NOMI- 6 NATION TO PUBLIC OFFICE AN AMOUNT EQUIVALENT TO THE PRODUCT OF THE 7 NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN THE STATE, EXCLUD- 8 ING VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.025, AND IN THE CASE OF 9 ANY ELECTION FOR A PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE PRODUCT OF 10 THE NUMBER OF REGISTERED VOTERS IN THE STATE EXCLUDING VOTERS IN INAC- 11 TIVE STATUS, MULTIPLIED BY $.025. 12 D. IN ANY OTHER ELECTION FOR PARTY POSITION OR FOR ELECTION TO A 13 PUBLIC OFFICE OR FOR NOMINATION FOR ANY SUCH OFFICE, NO CONTRIBUTOR MAY 14 MAKE A CONTRIBUTION TO ANY CANDIDATE OR POLITICAL COMMITTEE IN 15 CONNECTION WITH A CANDIDATE WHO IS NOT A PARTICIPATING CANDIDATE AS 16 DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE AND 17 NO SUCH CANDIDATE OR POLITICAL COMMITTEE MAY ACCEPT ANY CONTRIBUTION 18 FROM ANY CONTRIBUTOR, WHICH IS IN THE AGGREGATE AMOUNT GREATER THAN: (I) 19 IN THE CASE OF ANY ELECTION FOR PARTY POSITION, OR FOR NOMINATION TO 20 PUBLIC OFFICE, THE PRODUCT OF THE TOTAL NUMBER OF ENROLLED VOTERS IN THE 21 CANDIDATE'S PARTY IN THE DISTRICT IN WHICH HE IS A CANDIDATE, EXCLUDING 22 VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.05, AND (II) IN THE CASE OF 23 ANY ELECTION FOR A PUBLIC OFFICE, THE PRODUCT OF THE TOTAL NUMBER OF 24 REGISTERED VOTERS IN THE DISTRICT, EXCLUDING VOTERS IN INACTIVE STATUS, 25 MULTIPLIED BY $.05, HOWEVER IN THE CASE OF A NOMINATION WITHIN THE CITY 26 OF NEW YORK FOR THE OFFICE OF MAYOR, PUBLIC ADVOCATE OR COMPTROLLER, 27 SUCH AMOUNT SHALL BE NOT LESS THAN FOUR THOUSAND DOLLARS NOR MORE THAN 28 TWELVE THOUSAND DOLLARS AS INCREASED OR DECREASED BY THE COST OF LIVING 29 ADJUSTMENT DESCRIBED IN PARAGRAPH E OF THIS SUBDIVISION; IN THE CASE OF 30 AN ELECTION WITHIN THE CITY OF NEW YORK FOR THE OFFICE OF MAYOR, PUBLIC 31 ADVOCATE OR COMPTROLLER, TWENTY-FIVE THOUSAND DOLLARS AS INCREASED OR 32 DECREASED BY THE COST OF LIVING ADJUSTMENT DESCRIBED IN PARAGRAPH E OF 33 THIS SUBDIVISION; IN THE CASE OF A NOMINATION OR ELECTION FOR STATE 34 SENATOR, FIVE THOUSAND DOLLARS; IN THE CASE OF AN ELECTION OR NOMINATION 35 FOR A MEMBER OF THE ASSEMBLY, THREE THOUSAND DOLLARS; PROVIDED HOWEVER, 36 THAT THE MAXIMUM AMOUNT WHICH MAY BE SO CONTRIBUTED OR ACCEPTED, IN THE 37 AGGREGATE, FROM ANY CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER AND 38 SISTER, AND THE SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED IN THE CASE 39 OF ANY ELECTION FOR PARTY POSITION OR NOMINATION FOR PUBLIC OFFICE AN 40 AMOUNT EQUIVALENT TO THE NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S 41 PARTY IN THE DISTRICT IN WHICH HE IS A CANDIDATE, EXCLUDING VOTERS IN 42 INACTIVE STATUS, MULTIPLIED BY $.25 AND IN THE CASE OF ANY ELECTION TO 43 PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE NUMBER OF REGISTERED VOTERS 44 IN THE DISTRICT, EXCLUDING VOTERS IN INACTIVE STATUS, MULTIPLIED BY 45 $.25; OR TWELVE HUNDRED FIFTY DOLLARS, WHICHEVER IS GREATER, OR IN THE 46 CASE OF A NOMINATION OR ELECTION OF A STATE SENATOR, TWENTY THOUSAND 47 DOLLARS, WHICHEVER IS GREATER, OR IN THE CASE OF A NOMINATION OR 48 ELECTION OF A MEMBER OF THE ASSEMBLY TWELVE THOUSAND FIVE HUNDRED 49 DOLLARS, WHICHEVER IS GREATER, BUT IN NO EVENT SHALL ANY SUCH MAXIMUM 50 EXCEED ONE HUNDRED THOUSAND DOLLARS. 51 E. At the beginning of each fourth calendar year, commencing in [nine- 52 teen hundred ninety-five] TWO THOUSAND TWENTY-ONE, the state board shall 53 determine the percentage of the difference between the most recent 54 available monthly consumer price index for all urban consumers published 55 by the United States bureau of labor statistics and such consumer price 56 index published for the same month four years previously. The amount of S. 6355--A 41 A. 8555--A 1 each contribution limit fixed AND EXPRESSLY IDENTIFIED FOR ADJUSTMENT in 2 this subdivision shall be adjusted by the amount of such percentage 3 difference to the closest one hundred dollars by the state board which, 4 not later than the first day of February in each such year, shall issue 5 a regulation publishing the amount of each such contribution limit. Each 6 contribution limit as so adjusted shall be the contribution limit in 7 effect for any election held before the next such adjustment. 8 F. EACH PARTY OR CONSTITUTED COMMITTEE MAY TRANSFER TO, OR SPEND TO 9 ELECT OR OPPOSE A CANDIDATE, OR TRANSFER TO ANOTHER PARTY OR CONSTITUTED 10 COMMITTEE, NO MORE THAN FIVE THOUSAND DOLLARS PER ELECTION, EXCEPT THAT 11 SUCH COMMITTEE MAY IN ADDITION TO SUCH TRANSFERS OR EXPENDITURES: 12 (I) IN A GENERAL OR SPECIAL ELECTION TRANSFER TO, OR SPEND TO ELECT OR 13 OPPOSE A CANDIDATE, NO MORE THAN FIVE HUNDRED DOLLARS RECEIVED FROM EACH 14 CONTRIBUTOR; AND 15 (II) IN ANY ELECTION SPEND WITHOUT LIMITATION FOR NON-CANDIDATE 16 EXPENDITURES NOT DESIGNED OR INTENDED TO ELECT A PARTICULAR CANDIDATE OR 17 CANDIDATES. 18 G. NOTWITHSTANDING ANY OTHER CONTRIBUTION LIMIT IN THIS SECTION, 19 PARTICIPATING CANDIDATES AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION 20 14-200-A OF THIS ARTICLE MAY CONTRIBUTE, OUT OF THEIR OWN MONEY, THREE 21 TIMES THE APPLICABLE CONTRIBUTION LIMIT TO THEIR OWN AUTHORIZED COMMIT- 22 TEE. 23 10. [a.] No contributor may make a contribution to a party or consti- 24 tuted committee and no such committee may accept a contribution from any 25 contributor which, in the aggregate, is greater than [sixty-two thousand 26 five hundred] TWENTY-FIVE THOUSAND dollars per annum. 27 [b. At the beginning of each fourth calendar year, commencing in nine- 28 teen hundred ninety-five, the state board shall determine the percentage 29 of the difference between the most recent available monthly consumer 30 price index for all urban consumers published by the United States 31 bureau of labor statistics and such consumer price index published for 32 the same month four years previously. The amount of such contribution 33 limit fixed in paragraph a of this subdivision shall be adjusted by the 34 amount of such percentage difference to the closest one hundred dollars 35 by the state board which, not later than the first day of February in 36 each such year, shall issue a regulation publishing the amount of such 37 contribution limit. Such contribution limit as so adjusted shall be the 38 contribution limit in effect for any election held before the next such 39 adjustment.] 40 S 5. Section 14-116 of the election law, subdivision 1 as redesignated 41 by chapter 9 of the laws of 1978 and subdivision 2 as amended by chapter 42 260 of the laws of 1981, is amended to read as follows: 43 S 14-116. Political contributions by certain organizations. 1. No 44 corporation, LIMITED LIABILITY COMPANY, or joint-stock association doing 45 business in this state, except a corporation or association organized or 46 maintained for political purposes only, shall directly or indirectly pay 47 or use or offer, consent or agree to pay or use any money or property 48 for or in aid of any political party, committee or organization, or for, 49 or in aid of, any corporation, LIMITED LIABILITY COMPANY, joint-stock or 50 other association organized or maintained for political purposes, or 51 for, or in aid of, any candidate for political office or for nomination 52 for such office, or for any political purpose whatever, or for the 53 reimbursement or indemnification of any person for moneys or property so 54 used. Any officer, director, stock-holder, attorney or agent of any 55 corporation, LIMITED LIABILITY COMPANY, or joint-stock association which 56 violates any of the provisions of this section, who participates in, S. 6355--A 42 A. 8555--A 1 aids, abets or advises or consents to any such violations, and any 2 person who solicits or knowingly receives any money or property in 3 violation of this section, shall be guilty of a misdemeanor. 4 2. Notwithstanding the provisions of subdivision one of this section, 5 any corporation or an organization financially supported in whole or in 6 part, by such corporation may make expenditures, including contrib- 7 utions, not otherwise prohibited by law, for political purposes, in an 8 amount not to exceed [five] ONE thousand dollars in the aggregate in any 9 calendar year; provided that no public utility shall use revenues 10 received from the rendition of public service within the state for 11 contributions for political purposes unless such cost is charged to the 12 shareholders of such a public service corporation. 13 S 6. Section 14-130 of the election law, as added by chapter 152 of 14 the laws of 1985, is amended to read as follows: 15 S 14-130. Campaign funds for personal use. 1. Contributions received 16 by a candidate or a political committee may be expended for any lawful 17 purpose THAT IS DIRECTLY RELATED TO PROMOTING THE NOMINATION OR ELECTION 18 OF A CANDIDATE OR THE EXECUTION OF DUTIES ASSOCIATED WITH THE HOLDING OF 19 A PUBLIC OFFICE OR PARTY POSITION. Such funds shall not be converted by 20 any person to a personal use [which is unrelated to a political campaign 21 or the holding of a public office or party position]. 22 2. NO CONTRIBUTION SHALL BE USED TO PAY INTEREST OR ANY OTHER FINANCE 23 CHARGES UPON MONIES LOANED TO THE CAMPAIGN BY SUCH CANDIDATE OR THE 24 SPOUSE OF SUCH CANDIDATE. 25 3. (A) AS USED IN THIS SECTION, EXPENDITURES FOR "PERSONAL USE" ARE 26 DEFINED AS EXPENDITURES THAT ARE EXCLUSIVELY FOR THE PERSONAL BENEFIT OF 27 THE CANDIDATE OR ANY OTHER INDIVIDUAL, AND ARE USED TO FULFILL ANY 28 COMMITMENT, OBLIGATION, OR EXPENSE OF A PERSON THAT WOULD EXIST IRRE- 29 SPECTIVE OF THE CANDIDATE'S ELECTION CAMPAIGN OR THE EXECUTION OF THE 30 DUTIES OF PUBLIC OFFICE OR THE EXECUTION OF THE DUTIES OF A PARTY OFFI- 31 CIAL. 32 (B) EXPENDITURES FOR PERSONAL USE SHALL INCLUDE, BUT ARE NOT LIMITED 33 TO, EXPENSES FOR THE FOLLOWING: 34 (I) ANY RESIDENTIAL OR HOUSEHOLD ITEMS, SUPPLIES OR EXPENDITURES, 35 INCLUDING MORTGAGE, RENT OR UTILITY PAYMENTS FOR ANY PART OF ANY 36 PERSONAL RESIDENCE OF A CANDIDATE OR OFFICEHOLDER OR A MEMBER OF THE 37 CANDIDATE'S OR OFFICEHOLDER'S FAMILY THAT ARE NOT INCURRED AS A RESULT 38 OF, OR TO FACILITATE, THE INDIVIDUAL'S CAMPAIGN, OR THE EXECUTION OF HIS 39 OR HER PUBLIC DUTIES. IN THE EVENT THAT ANY PROPERTY OR BUILDING IS USED 40 FOR BOTH PERSONAL AND CAMPAIGN USE, PERSONAL USE SHALL CONSTITUTE 41 EXPENSES THAT EXCEED THE PRO-RATED AMOUNT FOR SUCH EXPENSES BASED ON 42 FAIR-MARKET VALUE. 43 (II) MORTGAGE, RENT, OR UTILITY PAYMENTS FOR ANY PART OF ANY NON- 44 RESIDENTIAL PROPERTY THAT IS OWNED BY A CANDIDATE OR OFFICEHOLDER OR A 45 MEMBER OF A CANDIDATE'S OR OFFICEHOLDER'S FAMILY AND USED FOR CAMPAIGN 46 PURPOSES, TO THE EXTENT THE PAYMENTS EXCEED THE FAIR MARKET VALUE OF THE 47 PROPERTY'S USAGE FOR CAMPAIGN ACTIVITIES; 48 (III) CLOTHING, OTHER THAN ITEMS THAT ARE USED IN THE CAMPAIGN; 49 (IV) TUITION PAYMENTS; 50 (V) CHILDCARE COSTS; 51 (VI) DUES, FEES, OR GRATUITIES AT A COUNTRY CLUB, HEALTH CLUB, RECRE- 52 ATIONAL FACILITY OR OTHER NONPOLITICAL ORGANIZATION, UNLESS THEY ARE 53 PART OF A SPECIFIC FUNDRAISING EVENT THAT TAKES PLACE ON THE ORGANIZA- 54 TION'S PREMISES; S. 6355--A 43 A. 8555--A 1 (VII) SALARY PAYMENTS OR OTHER COMPENSATION PROVIDED TO ANY PERSON 2 WHOSE SERVICES ARE NOT SOLELY FOR CAMPAIGN PURPOSES OR PROVIDED IN 3 CONNECTION WITH THE EXECUTION OF THE DUTIES OF PUBLIC OFFICE; 4 (VIII) SALARY PAYMENTS OR OTHER COMPENSATION PROVIDED TO A MEMBER OF A 5 CANDIDATE'S FAMILY, UNLESS THE FAMILY MEMBER IS PROVIDING BONA FIDE 6 SERVICES TO THE CAMPAIGN. IF A FAMILY MEMBER PROVIDES BONA FIDE SERVICES 7 TO A CAMPAIGN, ANY SALARY PAYMENTS OR OTHER COMPENSATION IN EXCESS OF 8 THE FAIR MARKET VALUE OF THE SERVICES PROVIDED SHALL BE CONSIDERED 9 PAYMENTS FOR PERSONAL USE; 10 (IX) ADMISSION TO A SPORTING EVENT, CONCERT, THEATER, OR OTHER FORM OF 11 ENTERTAINMENT, UNLESS SUCH EVENT IS PART OF A CAMPAIGN OR OFFICEHOLDER 12 ACTIVITY; 13 (X) PAYMENT OF ANY FINES OR PENALTIES ASSESSED PURSUANT TO THIS CHAP- 14 TER OR IN CONNECTION WITH A CRIMINAL CONVICTION OR BY THE JOINT COMMIS- 15 SION FOR PUBLIC ETHICS OR THE LEGISLATIVE ETHICS COMMISSION; 16 (XI) TRAVEL EXPENSES INCLUDING AUTOMOBILE PURCHASES OR LEASES, UNLESS 17 USED SOLELY FOR CAMPAIGN PURPOSES OR IN CONNECTION WITH THE EXECUTION OF 18 THE DUTIES OF PUBLIC OFFICE. IF A CANDIDATE USES CAMPAIGN FUNDS TO PAY 19 EXPENSES ASSOCIATED WITH TRAVEL THAT INVOLVES BOTH PERSONAL ACTIVITIES 20 AND CAMPAIGN ACTIVITIES OR OFFICIAL DUTIES, THE INCREMENTAL EXPENSES 21 THAT RESULT FROM THE PERSONAL ACTIVITIES SHALL BE CONSIDERED FOR 22 PERSONAL USE UNLESS THE PERSON OR PERSONS BENEFITING FROM THE USE REIM- 23 BURSE OR REIMBURSES THE CAMPAIGN ACCOUNT WITHIN NINETY DAYS FOR THE FULL 24 AMOUNT OF THE INCREMENTAL EXPENSES; AND 25 (XII) ANY OTHER EXPENDITURE DESIGNATED BY THE STATE BOARD OF ELECTIONS 26 AS CONSTITUTING PERSONAL USE. 27 4. NOTHING IN THIS SECTION SHALL PROHIBIT A CANDIDATE FROM PURCHASING 28 EQUIPMENT OR PROPERTY FROM HIS OR HER PERSONAL FUNDS AND LEASING OR 29 RENTING SUCH EQUIPMENT OR PROPERTY TO A COMMITTEE WORKING DIRECTLY OR 30 INDIRECTLY WITH HIM TO AID OR PARTICIPATE IN HIS OR HER NOMINATION OR 31 ELECTION, INCLUDING AN EXPLORATORY COMMITTEE, PROVIDED THAT THE CANDI- 32 DATE AND HIS OR HER CAMPAIGN TREASURER SIGN A WRITTEN LEASE OR RENTAL 33 AGREEMENT. SUCH AGREEMENT SHALL INCLUDE THE LEASE OR RENTAL PRICE, WHICH 34 SHALL NOT EXCEED THE FAIR LEASE OR RENTAL VALUE OF THE EQUIPMENT. THE 35 CANDIDATE SHALL NOT RECEIVE LEASE OR RENTAL PAYMENTS WHICH, IN THE 36 AGGREGATE, EXCEED THE COST OF PURCHASING THE EQUIPMENT OR PROPERTY. 37 5. NOTHING IN THIS SECTION SHALL PROHIBIT AN ELECTED PUBLIC OFFICE- 38 HOLDER FROM USING CAMPAIGN CONTRIBUTIONS TO FACILITATE, SUPPORT, OR 39 OTHERWISE ASSIST IN THE EXECUTION OR PERFORMANCE OF THE DUTIES OF HIS OR 40 HER PUBLIC OFFICE. 41 6. THE STATE BOARD OF ELECTIONS SHALL ISSUE ADVISORY OPINIONS FROM 42 TIME TO TIME UPON REQUEST TO ADDRESS THE APPLICATION OF THIS SECTION. 43 S 7. Article 14 of the election law is amended by adding a new title 44 II to read as follows: 45 TITLE II 46 PUBLIC FINANCING 47 SECTION 14-200. LEGISLATIVE FINDINGS AND INTENT. 48 14-200-A. DEFINITIONS. 49 14-201. REPORTING REQUIREMENTS. 50 14-202. CONTRIBUTIONS. 51 14-203. PROOF OF COMPLIANCE. 52 14-204. ELIGIBILITY. 53 14-205. LIMITS ON PUBLIC FINANCING. 54 14-206. PAYMENT OF PUBLIC MATCHING FUNDS. 55 14-207. USE OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN 56 EXPENDITURES. S. 6355--A 44 A. 8555--A 1 14-208. POWERS AND DUTIES OF BOARD. 2 14-209. AUDITS AND REPAYMENTS. 3 14-210. ENFORCEMENT AND PENALTIES FOR VIOLATIONS AND OTHER 4 PROCEEDINGS. 5 14-211. REPORTS. 6 14-212. DEBATES FOR CANDIDATES FOR STATEWIDE OFFICE. 7 14-213. SEVERABILITY. 8 S 14-200. LEGISLATIVE FINDINGS AND INTENT. THE LEGISLATURE FINDS THAT 9 REFORM OF NEW YORK STATE'S CAMPAIGN FINANCE SYSTEM IS CRUCIAL TO IMPROV- 10 ING PUBLIC CONFIDENCE IN THE STATE'S DEMOCRATIC PROCESSES AND CONTINUING 11 TO ENSURE A GOVERNMENT THAT IS ACCOUNTABLE TO ALL OF THE VOTERS OF THE 12 STATE REGARDLESS OF WEALTH OR POSITION. THE LEGISLATURE FINDS THAT NEW 13 YORK'S CURRENT SYSTEM OF CAMPAIGN FINANCE, WITH ITS LARGE CONTRIBUTIONS 14 TO CANDIDATES FOR OFFICE AND PARTY COMMITTEES, HAS CREATED THE POTENTIAL 15 FOR AND THE APPEARANCE OF CORRUPTION. THE LEGISLATURE FURTHER FINDS 16 THAT, WHETHER OR NOT THIS SYSTEM CREATES ACTUAL CORRUPTION, THE APPEAR- 17 ANCE OF SUCH CORRUPTION CAN GIVE RISE TO A DISTRUST IN GOVERNMENT AND 18 CITIZEN APATHY THAT UNDERMINE THE DEMOCRATIC OPERATION OF THE POLITICAL 19 PROCESS. 20 THE LEGISLATURE ALSO FINDS THAT THE HIGH COST OF RUNNING FOR OFFICE IN 21 NEW YORK DISCOURAGES QUALIFIED CANDIDATES FROM RUNNING FOR OFFICE AND 22 CREATES AN ELECTORAL SYSTEM THAT ENCOURAGES CANDIDATES TO SPEND TOO MUCH 23 TIME RAISING MONEY RATHER THAN ATTENDING TO THE DUTIES OF THEIR OFFICE, 24 REPRESENTING THE NEEDS OF THEIR CONSTITUENTS, AND COMMUNICATING WITH 25 VOTERS. 26 THE LEGISLATURE AMENDS THIS CHAPTER CREATING A NEW TITLE TWO TO ARTI- 27 CLE FOURTEEN OF THIS CHAPTER TO REDUCE THE POSSIBILITY AND APPEARANCE 28 THAT SPECIAL INTERESTS EXERCISE UNDUE INFLUENCE OVER STATE OFFICIALS; TO 29 INCREASE THE ACTUAL AND APPARENT RESPONSIVENESS OF ELECTED OFFICIALS TO 30 ALL VOTERS; TO ENCOURAGE QUALIFIED CANDIDATES TO RUN FOR OFFICE; AND TO 31 REDUCE THE PRESSURE ON CANDIDATES TO SPEND LARGE AMOUNTS OF TIME RAISING 32 LARGE CONTRIBUTIONS FOR THEIR CAMPAIGNS. 33 THE LEGISLATURE FINDS THAT THIS ARTICLE'S LIMITATIONS ON CONTRIBUTIONS 34 FURTHER THE GOVERNMENT'S INTEREST IN REDUCING REAL AND APPARENT 35 CORRUPTION AND IN BUILDING TRUST IN GOVERNMENT. THE LEGISLATURE FINDS 36 THAT THE CONTRIBUTION LEVELS ARE SUFFICIENTLY HIGH TO ALLOW CANDIDATES 37 AND POLITICAL PARTIES TO RAISE ENOUGH MONEY TO RUN EFFECTIVE CAMPAIGNS. 38 IN ADDITION, THE LEGISLATURE FINDS THAT GRADUATED CONTRIBUTION LIMITA- 39 TIONS REFLECT THE CAMPAIGN NEEDS OF CANDIDATES FOR DIFFERENT OFFICES. 40 THE LEGISLATURE ALSO FINDS THAT THE SYSTEM OF VOLUNTARY PUBLIC FINANC- 41 ING FURTHERS THE GOVERNMENT'S INTEREST IN ENCOURAGING QUALIFIED CANDI- 42 DATES TO RUN FOR OFFICE. THE LEGISLATURE FINDS THAT THE VOLUNTARY PUBLIC 43 FUNDING PROGRAM WILL ENLARGE THE PUBLIC DEBATE AND INCREASE PARTIC- 44 IPATION IN THE DEMOCRATIC PROCESS. IN ADDITION, THE LEGISLATURE FINDS 45 THAT THE VOLUNTARY EXPENDITURE LIMITATIONS AND MATCHING FUND PROGRAM 46 REDUCE THE BURDEN ON CANDIDATES AND OFFICEHOLDERS TO SPEND TIME RAISING 47 MONEY FOR THEIR CAMPAIGNS. 48 THEREFORE, THE LEGISLATURE DECLARES THAT THESE AMENDMENTS FURTHER THE 49 IMPORTANT AND VALID GOVERNMENT INTERESTS OF REDUCING VOTER APATHY, 50 BUILDING CONFIDENCE IN GOVERNMENT, REDUCING THE REALITY AND APPEARANCE 51 OF CORRUPTION, AND ENCOURAGING QUALIFIED CANDIDATES TO RUN FOR OFFICE, 52 WHILE REDUCING CANDIDATES' AND OFFICEHOLDERS' FUNDRAISING BURDENS. 53 S 14-200-A. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE, THE FOLLOW- 54 ING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 55 1. THE TERM "AUTHORIZED COMMITTEE" SHALL MEAN THE SINGLE COMMITTEE 56 DESIGNATED BY A CANDIDATE PURSUANT TO SECTION 14-201 OF THIS TITLE TO S. 6355--A 45 A. 8555--A 1 RECEIVE CONTRIBUTIONS AND MAKE EXPENDITURES IN SUPPORT OF THE CANDI- 2 DATE'S CAMPAIGN. 3 2. THE TERM "BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS. 4 3. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS APPEARS IN 5 SUBDIVISION NINE OF SECTION 14-100 OF THIS ARTICLE. 6 4. THE TERM "CONTRIBUTOR" SHALL MEAN ANY PERSON OR ENTITY THAT MAKES A 7 CONTRIBUTION. 8 5. THE TERM "COVERED ELECTION" SHALL MEAN ANY PRIMARY, GENERAL, OR 9 SPECIAL ELECTION FOR NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE 10 OF GOVERNOR, LIEUTENANT GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER, 11 STATE SENATOR, OR MEMBER OF THE ASSEMBLY. 12 6. THE TERM "ELECTION CYCLE" SHALL MEAN THE TWO YEAR PERIOD STARTING 13 THE DAY AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR THE STATE 14 LEGISLATURE AND SHALL MEAN THE FOUR YEAR PERIOD STARTING AFTER THE DAY 15 AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR STATEWIDE OFFICE. 16 7. THE TERM "EXPENDITURE" SHALL MEAN ANY GIFT, SUBSCRIPTION, ADVANCE, 17 PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF VALUE, OR A CONTRACT TO MAKE 18 ANY GIFT, SUBSCRIPTION, PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF 19 VALUE, MADE IN CONNECTION WITH THE NOMINATION FOR ELECTION, OR ELECTION, 20 OF ANY CANDIDATE. EXPENDITURES MADE BY CONTRACT ARE DEEMED MADE WHEN 21 SUCH FUNDS ARE OBLIGATED. 22 8. THE TERM "FUND" SHALL MEAN THE NEW YORK STATE CAMPAIGN FINANCE 23 FUND. 24 9. THE TERM "IMMEDIATE FAMILY" SHALL MEAN A SPOUSE, CHILD, SIBLING OR 25 PARENT. 26 10. THE TERM "INTERMEDIARY" SHALL MEAN AN INDIVIDUAL, CORPORATION, 27 PARTNERSHIP, POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER ENTITY 28 WHICH BUNDLES, CAUSES TO BE DELIVERED OR OTHERWISE DELIVERS ANY CONTRIB- 29 UTION FROM ANOTHER PERSON OR ENTITY TO A CANDIDATE OR AUTHORIZED COMMIT- 30 TEE, OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY 31 OR MESSENGER SERVICE. PROVIDED, HOWEVER, THAT AN "INTERMEDIARY" SHALL 32 NOT INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS, CHILDREN OR SIBLINGS OF 33 THE PERSON MAKING SUCH CONTRIBUTION OR A STAFF MEMBER OR VOLUNTEER OF 34 THE CAMPAIGN IDENTIFIED IN WRITING TO THE STATE BOARD OF ELECTIONS. HERE 35 "CAUSES TO BE DELIVERED" SHALL INCLUDE PROVIDING POSTAGE, ENVELOPES OR 36 OTHER SHIPPING MATERIALS FOR THE USE OF DELIVERING THE CONTRIBUTION TO 37 THE ULTIMATE RECIPIENT. 38 11. THE TERM "ITEM WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE" 39 SHALL MEAN ANY ITEM, INCLUDING TICKETS TO AN EVENT, THAT ARE VALUED AT 40 TWENTY-FIVE DOLLARS OR MORE. 41 12. (A) THE TERM "MATCHABLE CONTRIBUTION" SHALL MEAN A CONTRIBUTION, 42 CONTRIBUTIONS OR A PORTION OF A CONTRIBUTION OR CONTRIBUTIONS FOR ANY 43 COVERED ELECTIONS HELD IN THE SAME ELECTION CYCLE, MADE BY A NATURAL 44 PERSON WHO IS A UNITED STATES CITIZEN AND RESIDENT IN THE STATE OF NEW 45 YORK TO A PARTICIPATING CANDIDATE, THAT HAS BEEN REPORTED IN FULL TO THE 46 BOARD IN ACCORDANCE WITH SECTIONS 14-102 AND 14-104 OF THIS ARTICLE BY 47 THE CANDIDATE'S AUTHORIZED COMMITTEE AND HAS BEEN CONTRIBUTED ON OR 48 BEFORE THE DAY OF THE APPLICABLE PRIMARY, GENERAL, RUNOFF OR SPECIAL 49 ELECTION. ANY CONTRIBUTION, CONTRIBUTIONS, OR A PORTION OF A CONTRIB- 50 UTION DETERMINED TO BE INVALID FOR MATCHING FUNDS BY THE BOARD MAY NOT 51 BE TREATED AS A MATCHABLE CONTRIBUTION FOR ANY PURPOSE. 52 (B) THE FOLLOWING CONTRIBUTIONS ARE NOT MATCHABLE: 53 (I) LOANS; 54 (II) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES; 55 (III) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM 56 WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE; S. 6355--A 46 A. 8555--A 1 (IV) TRANSFERS FROM A PARTY OR CONSTITUTED COMMITTEE; 2 (V) ANONYMOUS CONTRIBUTIONS OR CONTRIBUTIONS WHOSE SOURCE IS NOT ITEM- 3 IZED AS REQUIRED BY SECTION 14-201 OF THIS TITLE; 4 (VI) CONTRIBUTIONS GATHERED DURING A PREVIOUS ELECTION CYCLE; 5 (VII) ILLEGAL CONTRIBUTIONS; 6 (VIII) CONTRIBUTIONS FROM MINORS; 7 (IX) CONTRIBUTIONS FROM VENDORS FOR CAMPAIGNS; AND 8 (X) CONTRIBUTIONS FROM LOBBYISTS REGISTERED PURSUANT TO SUBDIVISION 9 (A) OF SECTION ONE-C OF THE LEGISLATIVE LAW. 10 13. THE TERM "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR A 11 COVERED ELECTION WHO FAILS TO FILE A WRITTEN CERTIFICATION IN THE FORM 12 OF AN AFFIDAVIT UNDER SECTION 14-204 OF THIS TITLE BY THE APPLICABLE 13 DEADLINE. 14 14. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN ANY CANDIDATE FOR 15 NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE OF GOVERNOR, LIEU- 16 TENANT GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER, STATE SENATOR, OR 17 MEMBER OF THE ASSEMBLY WHO FILES A WRITTEN CERTIFICATION IN THE FORM OF 18 AN AFFIDAVIT PURSUANT TO SECTION 14-204 OF THIS TITLE. 19 15. THE TERM "POST-ELECTION PERIOD" SHALL MEAN THE FIVE YEARS FOLLOW- 20 ING AN ELECTION WHEN A CANDIDATE IS SUBJECT TO AN AUDIT. 21 16. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDI- 22 TURE FOR WHICH PUBLIC MATCHING FUNDS MAY BE USED. 23 17. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF 24 MATCHABLE CONTRIBUTIONS THAT A CANDIDATE'S AUTHORIZED COMMITTEE MUST 25 RECEIVE IN TOTAL IN ORDER FOR SUCH CANDIDATE TO QUALIFY FOR VOLUNTARY 26 PUBLIC FINANCING UNDER THIS TITLE. 27 18. THE TERM "TRANSFER" SHALL MEAN ANY EXCHANGE OF FUNDS BETWEEN A 28 PARTY OR CONSTITUTED COMMITTEE AND A CANDIDATE OR ANY OF HIS OR HER 29 AUTHORIZED COMMITTEES. 30 S 14-201. REPORTING REQUIREMENTS. 1. POLITICAL COMMITTEE REGISTRA- 31 TION. POLITICAL COMMITTEES AS DEFINED PURSUANT TO SUBDIVISION ONE OF 32 SECTION 14-100 OF THIS ARTICLE SHALL REGISTER WITH THE BOARD BEFORE 33 MAKING ANY CONTRIBUTION OR EXPENDITURE. THE BOARD SHALL PUBLISH A CUMU- 34 LATIVE LIST OF POLITICAL COMMITTEES THAT HAVE REGISTERED, INCLUDING ON 35 ITS WEBPAGE, AND REGULARLY UPDATE IT. 36 2. ONLY ONE AUTHORIZED COMMITTEE PER CANDIDATE PER ELECTIVE OFFICE 37 SOUGHT. BEFORE RECEIVING ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR 38 A COVERED ELECTION, EACH CANDIDATE SHALL NOTIFY THE BOARD AS TO THE 39 EXISTENCE OF HIS OR HER AUTHORIZED COMMITTEE THAT HAS BEEN APPROVED BY 40 SUCH CANDIDATE. EACH CANDIDATE SHALL HAVE ONE AND ONLY ONE AUTHORIZED 41 COMMITTEE PER ELECTIVE OFFICE SOUGHT. EACH AUTHORIZED COMMITTEE SHALL 42 HAVE A TREASURER AND IS SUBJECT TO THE RESTRICTIONS FOUND IN SECTION 43 14-112 OF THIS ARTICLE. 44 3. DISCLOSURE REPORTS. (A) DETAILED REPORTING. IN ADDITION TO EACH 45 AUTHORIZED AND POLITICAL COMMITTEE REPORTING TO THE BOARD EVERY CONTRIB- 46 UTION AND LOAN RECEIVED AND EVERY EXPENDITURE MADE IN THE TIME AND 47 MANNER PRESCRIBED BY SECTIONS 14-102, 14-104 AND 14-108 OF THIS ARTICLE, 48 EACH AUTHORIZED AND POLITICAL COMMITTEE SHALL ALSO SUBMIT DISCLOSURE 49 REPORTS ON MARCH FIFTEENTH AND MAY FIFTEENTH OF EACH ELECTION YEAR 50 REPORTING TO THE BOARD EVERY CONTRIBUTION AND LOAN RECEIVED AND EVERY 51 EXPENDITURE MADE. FOR CONTRIBUTORS WHO MAKE CONTRIBUTIONS OF FIVE 52 HUNDRED DOLLARS OR MORE, EACH AUTHORIZED AND POLITICAL COMMITTEE SHALL 53 REPORT TO THE BOARD THE OCCUPATION, AND BUSINESS ADDRESS OF EACH 54 CONTRIBUTOR, LENDER, AND INTERMEDIARY. THE BOARD SHALL REVISE, PREPARE 55 AND POST FORMS ON ITS WEBPAGE THAT FACILITATE COMPLIANCE WITH THE 56 REQUIREMENTS OF THIS SECTION. S. 6355--A 47 A. 8555--A 1 (B) BOARD REVIEW. THE BOARD'S PUBLIC FINANCING UNIT SHALL REVIEW EACH 2 DISCLOSURE REPORT FILED AND SHALL INFORM AUTHORIZED AND POLITICAL 3 COMMITTEES OF RELEVANT QUESTIONS THE UNIT HAS CONCERNING: (I) COMPLIANCE 4 WITH REQUIREMENTS OF THIS TITLE AND OF THE RULES ISSUED BY THE BOARD; 5 AND (II) QUALIFICATION FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO 6 THIS TITLE. IN THE COURSE OF THIS REVIEW, THE UNIT SHALL GIVE AUTHORIZED 7 AND POLITICAL COMMITTEES AN OPPORTUNITY TO RESPOND TO AND CORRECT POTEN- 8 TIAL VIOLATIONS AND GIVE CANDIDATES AN OPPORTUNITY TO ADDRESS QUESTIONS 9 THE UNIT HAS CONCERNING THEIR MATCHABLE CONTRIBUTION CLAIMS OR OTHER 10 ISSUES CONCERNING ELIGIBILITY FOR RECEIVING PUBLIC MATCHING FUNDS PURSU- 11 ANT TO THIS TITLE. NOTHING IN THIS PARAGRAPH SHALL PRECLUDE THE UNIT OR 12 THE BOARD FROM SUBSEQUENTLY REVIEWING SUCH DISCLOSURE REPORTS AND TAKING 13 ANY ACTION OTHERWISE AUTHORIZED UNDER THIS TITLE. 14 (C) ITEMIZATION. CONTRIBUTIONS THAT ARE NOT ITEMIZED IN REPORTS FILED 15 WITH THE BOARD SHALL NOT BE MATCHABLE. 16 (D) OPTION TO FILE MORE FREQUENTLY. PARTICIPATING CANDIDATES MAY FILE 17 REPORTS OF CONTRIBUTIONS AS FREQUENTLY AS ONCE A WEEK ON FRIDAYS SO THAT 18 THEIR MATCHING FUNDS MAY BE PAID AT THE EARLIEST ALLOWABLE DATE. 19 S 14-202. CONTRIBUTIONS. RECIPIENTS OF FUNDS PURSUANT TO THIS TITLE 20 SHALL BE SUBJECT TO THE APPLICABLE CONTRIBUTION LIMITS SET FORTH IN 21 SECTION 14-114 OF THIS ARTICLE. 22 S 14-203. PROOF OF COMPLIANCE. AUTHORIZED AND POLITICAL COMMITTEES 23 SHALL MAINTAIN SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR A COVERED 24 ELECTION AS REQUIRED BY THE BOARD. AUTHORIZED AND POLITICAL COMMITTEES 25 SHALL OBTAIN AND FURNISH TO THE PUBLIC FINANCING UNIT ANY INFORMATION IT 26 MAY REQUEST RELATING TO FINANCIAL TRANSACTIONS OR CONTRIBUTIONS AND 27 FURNISH SUCH DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS TITLE 28 AS MAY BE REQUESTED. IN COMPLIANCE WITH SECTION 14-108 OF THIS ARTICLE, 29 AUTHORIZED AND POLITICAL COMMITTEES SHALL MAINTAIN COPIES OF SUCH 30 RECORDS FOR A PERIOD OF FIVE YEARS. 31 S 14-204. ELIGIBILITY. 1. TERMS AND CONDITIONS. TO BE ELIGIBLE FOR 32 VOLUNTARY PUBLIC FINANCING UNDER THIS TITLE, A CANDIDATE MUST: 33 (A) BE A CANDIDATE IN A COVERED ELECTION; 34 (B) MEET ALL THE REQUIREMENTS OF LAW TO HAVE HIS OR HER NAME ON THE 35 BALLOT; 36 (C) IN THE CASE OF A COVERED GENERAL OR SPECIAL ELECTION, BE OPPOSED 37 BY ANOTHER CANDIDATE ON THE BALLOT WHO IS NOT A WRITE-IN CANDIDATE; 38 (D) SUBMIT A CERTIFICATION IN THE FORM OF AN AFFIDAVIT, IN SUCH FORM 39 AS MAY BE PRESCRIBED BY THE BOARD, THAT SETS FORTH HIS OR HER ACCEPTANCE 40 OF AND AGREEMENT TO COMPLY WITH THE TERMS AND CONDITIONS FOR THE 41 PROVISION OF SUCH FUNDS IN EACH COVERED ELECTION AND SUCH CERTIFICATION 42 SHALL BE SUBMITTED AT LEAST FOUR MONTHS BEFORE THE ELECTION PURSUANT TO 43 A SCHEDULE PROMULGATED BY THE PUBLIC FINANCING UNIT OF THE BOARD; 44 (E) BE CERTIFIED AS A PARTICIPATING CANDIDATE BY THE BOARD; 45 (F) NOT MAKE, AND NOT HAVE MADE, EXPENDITURES FROM OR USE HIS OR HER 46 PERSONAL FUNDS OR PROPERTY OR THE PERSONAL FUNDS OR PROPERTY JOINTLY 47 HELD WITH HIS OR HER SPOUSE, OR UNEMANCIPATED CHILDREN IN CONNECTION 48 WITH HIS OR HER NOMINATION ELECTION OR ELECTION TO A COVERED OFFICE 49 EXCEPT AS A CONTRIBUTION TO HIS OR HER AUTHORIZED COMMITTEE IN AN AMOUNT 50 THAT EXCEEDS THREE TIMES THE APPLICABLE CONTRIBUTION LIMIT FROM AN INDI- 51 VIDUAL CONTRIBUTOR TO CANDIDATES FOR THE OFFICE THAT HE OR SHE IS SEEK- 52 ING; 53 (G) MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION TWO OF 54 THIS SECTION; AND 55 (H) CONTINUE TO ABIDE BY ALL REQUIREMENTS DURING THE POST-ELECTION 56 PERIOD. S. 6355--A 48 A. 8555--A 1 2. THRESHOLD FOR ELIGIBILITY. (A) THE THRESHOLD FOR ELIGIBILITY FOR 2 PUBLIC FUNDING FOR PARTICIPATING CANDIDATES SHALL BE IN THE CASE OF: 3 (I) GOVERNOR, NOT LESS THAN SIX HUNDRED FIFTY THOUSAND DOLLARS IN 4 MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST SIX THOUSAND FIVE HUNDRED 5 MATCHABLE CONTRIBUTIONS COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED 6 SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF NEW YORK STATE; 7 (II) LIEUTENANT GOVERNOR, ATTORNEY GENERAL, AND COMPTROLLER, NOT LESS 8 THAN TWO HUNDRED THOUSAND DOLLARS IN MATCHABLE CONTRIBUTIONS INCLUDING 9 AT LEAST TWO THOUSAND MATCHABLE CONTRIBUTIONS COMPRISED OF SUMS BETWEEN 10 TEN AND ONE HUNDRED SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS 11 OF NEW YORK STATE; 12 (III) STATE SENATOR, NOT LESS THAN TWENTY THOUSAND DOLLARS IN MATCHA- 13 BLE CONTRIBUTIONS INCLUDING AT LEAST TWO HUNDRED MATCHABLE CONTRIBUTIONS 14 COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE DOLLARS PER 15 CONTRIBUTOR, FROM RESIDENTS OF THE DISTRICT IN WHICH THE SEAT IS TO BE 16 FILLED; AND 17 (IV) MEMBER OF THE ASSEMBLY, NOT LESS THAN TEN THOUSAND DOLLARS IN 18 MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST ONE HUNDRED MATCHABLE 19 CONTRIBUTIONS COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE 20 DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF THE DISTRICT IN WHICH THE 21 SEAT IS TO BE FILLED. 22 (B) ANY PARTICIPATING CANDIDATE MEETING THE THRESHOLD FOR ELIGIBILITY 23 IN A PRIMARY ELECTION FOR ONE OF THE FOREGOING OFFICES SHALL BE DEEMED 24 TO HAVE MET THE THRESHOLD FOR ELIGIBILITY FOR SUCH OFFICE IN ANY OTHER 25 SUBSEQUENT ELECTION HELD IN THE SAME CALENDAR YEAR. 26 S 14-205. LIMITS ON PUBLIC FINANCING. THE FOLLOWING LIMITATIONS APPLY 27 TO THE TOTAL AMOUNTS OF PUBLIC FUNDS THAT MAY BE PROVIDED TO A PARTIC- 28 IPATING CANDIDATE'S AUTHORIZED COMMITTEE FOR AN ELECTION CYCLE: 29 1. IN ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS BY PARTICIPATING 30 CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED: 31 (I) FOR GOVERNOR, THE SUM OF EIGHT MILLION DOLLARS; 32 (II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM 33 OF FOUR MILLION DOLLARS; 34 (III) FOR SENATOR, THE SUM OF THREE HUNDRED SEVENTY-FIVE THOUSAND 35 DOLLARS; 36 (IV) FOR MEMBER OF THE ASSEMBLY, THE SUM OF ONE HUNDRED SEVENTY-FIVE 37 THOUSAND DOLLARS. 38 2. IN ANY GENERAL OR SPECIAL ELECTION, RECEIPT OF PUBLIC FUNDS BY A 39 PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEES SHALL NOT EXCEED THE 40 FOLLOWING AMOUNTS: 41 CANDIDATES FOR ELECTION TO THE OFFICE OF: 42 GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED) $10,000,000 43 ATTORNEY GENERAL $4,000,000 44 COMPTROLLER $4,000,000 45 MEMBER OF SENATE $375,000 46 MEMBER OF ASSEMBLY $175,000 47 3. NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS NOT 48 OPPOSED BY A CANDIDATE ON THE BALLOT IN A PRIMARY ELECTION SHALL BE 49 ENTITLED TO PAYMENT OF PUBLIC MATCHING FUNDS, EXCEPT THAT, WHERE THERE 50 IS A CONTEST IN SUCH PRIMARY ELECTION FOR THE NOMINATION OF AT LEAST ONE 51 OF THE TWO POLITICAL PARTIES WITH THE HIGHEST AND SECOND HIGHEST NUMBER 52 OF ENROLLED MEMBERS FOR SUCH OFFICE, A PARTICIPATING CANDIDATE WHO IS 53 UNOPPOSED IN THE PRIMARY ELECTION MAY RECEIVE PUBLIC FUNDS BEFORE THE 54 PRIMARY ELECTION, FOR EXPENSES INCURRED ON OR BEFORE THE DATE OF SUCH 55 PRIMARY ELECTION, IN AN AMOUNT EQUAL TO UP TO HALF THE SUM SET FORTH IN 56 PARAGRAPH ONE OF THIS SECTION. S. 6355--A 49 A. 8555--A 1 S 14-206. PAYMENT OF PUBLIC MATCHING FUNDS. 1. DETERMINATION OF ELIGI- 2 BILITY. NO PUBLIC MATCHING FUNDS SHALL BE PAID TO AN AUTHORIZED COMMIT- 3 TEE UNLESS THE PUBLIC FINANCING UNIT DETERMINES THAT THE PARTICIPATING 4 CANDIDATE HAS MET THE ELIGIBILITY REQUIREMENTS OF THIS TITLE. PAYMENT 5 SHALL NOT EXCEED THE AMOUNTS SPECIFIED IN SUBDIVISION TWO OF THIS 6 SECTION, AND SHALL BE MADE ONLY IN ACCORDANCE WITH THE PROVISIONS OF 7 THIS TITLE. SUCH PAYMENT MAY BE MADE ONLY TO THE PARTICIPATING CANDI- 8 DATE'S AUTHORIZED COMMITTEE. NO PUBLIC MATCHING FUNDS SHALL BE USED 9 EXCEPT AS REIMBURSEMENT OR PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES 10 ACTUALLY AND LAWFULLY INCURRED OR TO REPAY LOANS USED TO PAY QUALIFIED 11 CAMPAIGN EXPENDITURES. 12 2. CALCULATION OF PAYMENT. IF THE THRESHOLD FOR ELIGIBILITY IS MET, 13 THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE SHALL RECEIVE PAYMENT 14 FOR QUALIFIED CAMPAIGN EXPENDITURES OF SIX DOLLARS OF PUBLIC MATCHING 15 FUNDS FOR EACH ONE DOLLAR OF MATCHABLE CONTRIBUTIONS, FOR THE FIRST ONE 16 HUNDRED SEVENTY-FIVE DOLLARS OF ELIGIBLE PRIVATE FUNDS PER CONTRIBUTOR, 17 OBTAINED AND REPORTED TO THE BOARD IN ACCORDANCE WITH THE PROVISIONS OF 18 THIS TITLE. THE MAXIMUM PAYMENT OF PUBLIC MATCHING FUNDS SHALL BE LIMIT- 19 ED TO THE AMOUNTS SET FORTH IN SECTION 14-205 OF THIS TITLE FOR THE 20 COVERED ELECTION. 21 3. TIMING OF PAYMENT. THE PUBLIC FINANCING UNIT SHALL MAKE ANY PAYMENT 22 OF PUBLIC MATCHING FUNDS TO PARTICIPATING CANDIDATES AS SOON AS IS PRAC- 23 TICABLE. BUT IN ALL CASES, THAT UNIT SHALL VERIFY ELIGIBILITY FOR PUBLIC 24 MATCHING FUNDS WITHIN FOUR DAYS OF RECEIVING A CAMPAIGN CONTRIBUTION 25 REPORT FILED IN COMPLIANCE WITH SECTION 14-104 OF THIS ARTICLE. WITHIN 26 TWO DAYS OF DETERMINING THAT A CANDIDATE FOR A COVERED OFFICE IS ELIGI- 27 BLE FOR PUBLIC MATCHING FUNDS, THE UNIT SHALL PAY THE APPLICABLE MATCH- 28 ING FUNDS OWED TO THE CANDIDATE. HOWEVER, THE UNIT SHALL NOT MAKE ANY 29 PAYMENTS OF PUBLIC MONEY EARLIER THAN THE EARLIEST DATES FOR MAKING SUCH 30 PAYMENTS AS PROVIDED BY THIS TITLE. IF ANY OF SUCH PAYMENTS WOULD 31 REQUIRE PAYMENT ON A WEEKEND OR FEDERAL HOLIDAY, PAYMENT SHALL BE MADE 32 ON THE NEXT BUSINESS DAY. 33 4. ELECTRONIC FUNDS TRANSFER. THE BOARD SHALL PROMULGATE RULES TO 34 FACILITATE ELECTRONIC FUNDS TRANSFERS DIRECTLY FROM THE FUND INTO AN 35 AUTHORIZED COMMITTEE'S BANK ACCOUNT. 36 5. IRREGULARLY SCHEDULED ELECTIONS. NOTWITHSTANDING ANY OTHER 37 PROVISION OF THIS TITLE, THE BOARD SHALL PROMULGATE RULES TO PROVIDE FOR 38 THE PROMPT ISSUANCE OF PUBLIC MATCHING FUNDS TO ELIGIBLE PARTICIPATING 39 CANDIDATES FOR QUALIFIED CAMPAIGN EXPENDITURES IN THE CASE OF ANY OTHER 40 COVERED ELECTION HELD ON A DAY DIFFERENT FROM THAT THAN ORIGINALLY SCHE- 41 DULED INCLUDING SPECIAL ELECTIONS. BUT IN ALL CASES, THE PUBLIC FINANC- 42 ING UNIT SHALL (A) WITHIN FOUR DAYS OF RECEIVING A REPORT OF CONTRIB- 43 UTIONS FROM A CANDIDATE FOR A COVERED OFFICE CLAIMING ELIGIBILITY FOR 44 PUBLIC MATCHING FUNDS VERIFY THAT CANDIDATE'S ELIGIBILITY FOR PUBLIC 45 MATCHING FUNDS; AND (B) WITHIN TWO DAYS OF DETERMINING THAT THE CANDI- 46 DATE FOR A COVERED OFFICE IS ELIGIBLE FOR PUBLIC MATCHING FUNDS, THE 47 UNIT SHALL PAY THE APPLICABLE MATCHING FUNDS OWED TO THE CANDIDATE. 48 S 14-207. USE OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN EXPENDI- 49 TURES. 1. PUBLIC MATCHING FUNDS PROVIDED UNDER THE PROVISIONS OF THIS 50 TITLE MAY BE USED ONLY BY AN AUTHORIZED COMMITTEE FOR EXPENDITURES TO 51 FURTHER THE PARTICIPATING CANDIDATE'S NOMINATION FOR ELECTION OR 52 ELECTION, INCLUDING PAYING FOR DEBTS INCURRED WITHIN ONE YEAR PRIOR TO 53 AN ELECTION TO FURTHER THE PARTICIPATING CANDIDATE'S NOMINATION FOR 54 ELECTION OR ELECTION. 55 2. SUCH PUBLIC MATCHING FUNDS MAY NOT BE USED FOR: 56 (A) AN EXPENDITURE IN VIOLATION OF ANY LAW; S. 6355--A 50 A. 8555--A 1 (B) AN EXPENDITURE IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES, 2 MATERIALS, FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE; 3 (C) AN EXPENDITURE MADE AFTER THE CANDIDATE HAS BEEN FINALLY DISQUALI- 4 FIED FROM THE BALLOT; 5 (D) AN EXPENDITURE MADE AFTER THE ONLY REMAINING OPPONENT OF THE 6 CANDIDATE HAS BEEN FINALLY DISQUALIFIED FROM THE GENERAL OR SPECIAL 7 ELECTION BALLOT; 8 (E) AN EXPENDITURE MADE BY CASH PAYMENT; 9 (F) A CONTRIBUTION OR LOAN OR TRANSFER MADE TO OR EXPENDITURE TO 10 SUPPORT ANOTHER CANDIDATE OR POLITICAL COMMITTEE OR PARTY, COMMITTEE OR 11 CONSTITUTED COMMITTEE; 12 (G) AN EXPENDITURE TO SUPPORT OR OPPOSE A CANDIDATE FOR AN OFFICE 13 OTHER THAN THAT WHICH THE PARTICIPATING CANDIDATE SEEKS; 14 (H) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED CAMPAIGN 15 MATERIAL; 16 (I) LEGAL FEES TO DEFEND AGAINST A CRIMINAL CHARGE; 17 (J) PAYMENTS TO IMMEDIATE FAMILY MEMBERS OF THE PARTICIPATING CANDI- 18 DATE; OR 19 (K) ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF 20 DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION, ACCEPTANCE, 21 AUTHORIZATION, DECLINATION OR SUBSTITUTION. 22 S 14-208. POWERS AND DUTIES OF BOARD. 1. ADVISORY OPINIONS. THE BOARD 23 SHALL RENDER ADVISORY OPINIONS WITH RESPECT TO QUESTIONS ARISING UNDER 24 THIS TITLE UPON THE WRITTEN REQUEST OF A CANDIDATE, AN OFFICER OF A 25 POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITIATIVE. 26 THE BOARD SHALL PROMULGATE RULES REGARDING REASONABLE TIMES TO RESPOND 27 TO SUCH REQUESTS. THE BOARD SHALL MAKE PUBLIC THE QUESTIONS OF INTERPRE- 28 TATION FOR WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE BOARD AND 29 ITS ADVISORY OPINIONS, INCLUDING BY PUBLICATION ON ITS WEBPAGE WITH 30 IDENTIFYING INFORMATION REDACTED AS THE BOARD DETERMINES TO BE APPROPRI- 31 ATE. 32 2. PUBLIC INFORMATION AND CANDIDATE EDUCATION. THE BOARD SHALL DEVELOP 33 A PROGRAM FOR INFORMING CANDIDATES AND THE PUBLIC AS TO THE PURPOSE AND 34 EFFECT OF THE PROVISIONS OF THIS TITLE, INCLUDING BY MEANS OF A WEBPAGE. 35 THE BOARD SHALL PREPARE IN PLAIN LANGUAGE AND MAKE AVAILABLE EDUCATIONAL 36 MATERIALS, INCLUDING COMPLIANCE MANUALS AND SUMMARIES AND EXPLANATIONS 37 OF THE PURPOSES AND PROVISIONS OF THIS TITLE. THE BOARD SHALL PREPARE OR 38 HAVE PREPARED AND MAKE AVAILABLE MATERIALS, INCLUDING, TO THE EXTENT 39 FEASIBLE, COMPUTER SOFTWARE, TO FACILITATE THE TASK OF COMPLIANCE WITH 40 THE DISCLOSURE AND RECORD-KEEPING REQUIREMENTS OF THIS TITLE. 41 3. RULES AND REGULATIONS. THE BOARD SHALL HAVE THE AUTHORITY TO 42 PROMULGATE SUCH RULES AND REGULATIONS AND PROVIDE SUCH FORMS AS IT DEEMS 43 NECESSARY FOR THE ADMINISTRATION OF THIS TITLE. 44 4. DATABASE. THE BOARD SHALL DEVELOP AN INTERACTIVE, SEARCHABLE 45 COMPUTER DATABASE THAT SHALL CONTAIN ALL INFORMATION NECESSARY FOR THE 46 PROPER ADMINISTRATION OF THIS TITLE INCLUDING INFORMATION ON CONTRIB- 47 UTIONS TO AND EXPENDITURES BY CANDIDATES AND THEIR AUTHORIZED COMMITTEE, 48 INDEPENDENT EXPENDITURES IN SUPPORT OR OPPOSITION OF CANDIDATES FOR 49 COVERED OFFICES, AND DISTRIBUTIONS OF MONEYS FROM THE FUND. SUCH DATA- 50 BASE SHALL BE ACCESSIBLE TO THE PUBLIC ON THE BOARD'S WEBPAGE. 51 5. THE BOARD'S PUBLIC FINANCING UNIT SHALL WORK WITH THE ENFORCEMENT 52 UNIT TO ENFORCE THIS SECTION. 53 S 14-209. AUDITS AND REPAYMENTS. 1. AUDITS. THE BOARD SHALL AUDIT AND 54 EXAMINE ALL MATTERS RELATING TO THE PROPER ADMINISTRATION OF THIS TITLE 55 AND SHALL COMPLETE SUCH AUDIT NO LATER THAN TWO YEARS AFTER THE ELECTION 56 IN QUESTION. EVERY CANDIDATE WHO RECEIVES PUBLIC FUNDS UNDER THIS TITLE S. 6355--A 51 A. 8555--A 1 SHALL BE AUDITED BY THE BOARD. THE COST OF COMPLYING WITH A POST-ELEC- 2 TION AUDIT SHALL BE BORNE BY THE CANDIDATE'S AUTHORIZED COMMITTEE USING 3 PUBLIC FUNDS, PRIVATE FUNDS OR ANY COMBINATION OF SUCH FUNDS. CANDI- 4 DATES WHO RUN IN BOTH A PRIMARY AND GENERAL ELECTION MUST MAINTAIN A 5 RESERVE OF THREE PERCENT OF THE PUBLIC FUNDS RECEIVED TO COMPLY WITH THE 6 POST-ELECTION AUDIT. THE BOARD SHALL ISSUE TO EACH CAMPAIGN AUDITED A 7 FINAL AUDIT REPORT THAT DETAILS ITS FINDINGS. 8 2. REPAYMENTS. (A) IF THE BOARD DETERMINES THAT ANY PORTION OF THE 9 PAYMENT MADE TO A CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS IN 10 EXCESS OF THE AGGREGATE AMOUNT OF PAYMENTS THAT SUCH CANDIDATE WAS 11 ELIGIBLE TO RECEIVE PURSUANT TO THIS TITLE, IT SHALL NOTIFY SUCH COMMIT- 12 TEE AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN AMOUNT EQUAL TO THE 13 AMOUNT OF EXCESS PAYMENTS. PROVIDED, HOWEVER, THAT IF THE ERRONEOUS 14 PAYMENT WAS THE RESULT OF AN ERROR BY THE BOARD, THEN THE ERRONEOUS 15 PAYMENT WILL BE DEDUCTED FROM ANY FUTURE PAYMENT, IF ANY, AND IF NO 16 PAYMENT IS TO BE MADE THEN NEITHER THE CANDIDATE NOR THE COMMITTEE SHALL 17 BE LIABLE TO REPAY THE EXCESS AMOUNT TO THE BOARD. THE CANDIDATE, THE 18 TREASURER AND THE CANDIDATE'S AUTHORIZED COMMITTEE ARE JOINTLY AND 19 SEVERABLY LIABLE FOR ANY REPAYMENTS TO THE BOARD. 20 (B) IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO A 21 CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS USED FOR PURPOSES 22 OTHER THAN QUALIFIED CAMPAIGN EXPENDITURES AND SUCH EXPENDITURES WERE 23 NOT APPROVED BY THE BOARD, IT SHALL NOTIFY SUCH COMMITTEE OF THE AMOUNT 24 SO DISQUALIFIED AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN AMOUNT 25 EQUAL TO SUCH DISQUALIFIED AMOUNT. THE CANDIDATE, THE TREASURER AND THE 26 CANDIDATE'S AUTHORIZED COMMITTEE ARE JOINTLY AND SEVERABLY LIABLE FOR 27 ANY REPAYMENTS TO THE BOARD. 28 (C) IF THE TOTAL OF PAYMENTS FROM THE FUND RECEIVED BY A PARTICIPATING 29 CANDIDATE AND HIS OR HER AUTHORIZED COMMITTEE EXCEED THE TOTAL CAMPAIGN 30 EXPENDITURES OF SUCH CANDIDATE AND AUTHORIZED COMMITTEE FOR ALL COVERED 31 ELECTIONS HELD IN THE SAME CALENDAR YEAR OR FOR A SPECIAL ELECTION TO 32 FILL A VACANCY, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS FUNDS 33 TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH AUTHORIZED COMMITTEE 34 FROM THE FUND DURING SUCH CALENDAR YEAR OR FOR SUCH SPECIAL ELECTION. 35 PARTICIPATING CANDIDATES SHALL PAY TO THE BOARD UNSPENT PUBLIC CAMPAIGN 36 FUNDS FROM AN ELECTION NOT LATER THAN TWENTY-SEVEN DAYS AFTER ALL 37 LIABILITIES FOR THE ELECTION HAVE BEEN PAID AND IN ANY EVENT, NOT LATER 38 THAN THE DAY ON WHICH THE BOARD ISSUES ITS FINAL AUDIT REPORT FOR THE 39 PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE; PROVIDED, HOWEVER, THAT 40 ALL UNSPENT PUBLIC CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE SHALL BE 41 IMMEDIATELY DUE AND PAYABLE TO THE BOARD UPON A DETERMINATION BY THE 42 BOARD THAT THE PARTICIPANT HAS DELAYED THE POST-ELECTION AUDIT. A 43 PARTICIPATING CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES WITH PUBLIC 44 FUNDS ONLY FOR ROUTINE ACTIVITIES INVOLVING NOMINAL COST ASSOCIATED WITH 45 WINDING UP A CAMPAIGN AND RESPONDING TO THE POST-ELECTION AUDIT. NOTH- 46 ING IN THIS TITLE SHALL BE CONSTRUED TO PREVENT A CANDIDATE OR HIS OR 47 HER AUTHORIZED COMMITTEE FROM USING CAMPAIGN CONTRIBUTIONS RECEIVED FROM 48 PRIVATE CONTRIBUTORS FOR OTHERWISE LAWFUL EXPENDITURES. 49 3. THE BOARD SHALL PROMULGATE REGULATIONS FOR THE CERTIFICATION OF THE 50 AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER, FROM THE FUND ESTABLISHED 51 PURSUANT TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW, TO A PARTIC- 52 IPATING CANDIDATE THAT HAS QUALIFIED TO RECEIVE SUCH PAYMENT. THESE 53 REGULATIONS SHALL INCLUDE THE PROMULGATION AND DISTRIBUTION OF FORMS ON 54 WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO BE REPORTED, THE PERIODS 55 DURING WHICH SUCH REPORTS MUST BE FILED AND THE VERIFICATION REQUIRED. 56 THE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL MAKE POSSIBLE PAYMENT BY S. 6355--A 52 A. 8555--A 1 THE FUND WITHIN FOUR BUSINESS DAYS AFTER RECEIPT OF THE REQUIRED FORMS 2 AND VERIFICATIONS. 3 S 14-210. ENFORCEMENT AND PENALTIES FOR VIOLATIONS AND OTHER 4 PROCEEDINGS. 1. CIVIL PENALTIES. VIOLATIONS OF ANY PROVISION OF THIS 5 TITLE OR RULE PROMULGATED PURSUANT TO THIS TITLE SHALL BE SUBJECT TO A 6 CIVIL PENALTY IN AN AMOUNT NOT IN EXCESS OF FIFTEEN THOUSAND DOLLARS. 7 2. NOTICE OF VIOLATION AND OPPORTUNITY TO CONTEST. THE BOARD SHALL: 8 (A) DETERMINE WHETHER A VIOLATION OF ANY PROVISION OF THIS TITLE OR 9 RULE PROMULGATED HEREUNDER HAS BEEN COMMITTED; 10 (B) GIVE WRITTEN NOTICE AND THE OPPORTUNITY TO CONTEST BEFORE AN INDE- 11 PENDENT HEARING OFFICER TO EACH PERSON OR ENTITY IT HAS REASON TO 12 BELIEVE HAS COMMITTED A VIOLATION; AND 13 (C) IF APPROPRIATE, ASSESS PENALTIES FOR VIOLATIONS, FOLLOWING SUCH 14 NOTICE AND OPPORTUNITY TO CONTEST. 15 3. CRIMINAL CONDUCT. ANY PERSON WHO KNOWINGLY AND WILLFULLY FURNISHES 16 OR SUBMITS FALSE STATEMENTS OR INFORMATION TO THE BOARD IN CONNECTION 17 WITH ITS ADMINISTRATION OF THIS TITLE, SHALL BE GUILTY OF A MISDEMEANOR 18 IN ADDITION TO ANY OTHER PENALTY AS MAY BE IMPOSED UNDER THIS CHAPTER OR 19 PURSUANT TO ANY OTHER LAW. THE BOARD SHALL SEEK TO RECOVER ANY PUBLIC 20 MATCHING FUNDS OBTAINED AS A RESULT OF SUCH CRIMINAL CONDUCT. 21 4. PROCEEDINGS AS TO PUBLIC FINANCING. (A) THE DETERMINATION OF ELIGI- 22 BILITY PURSUANT TO THIS TITLE AND ANY QUESTION OR ISSUE RELATING TO 23 PAYMENTS FOR CAMPAIGN EXPENDITURES PURSUANT TO THIS TITLE MAY BE 24 CONTESTED IN A PROCEEDING INSTITUTED IN THE SUPREME COURT, ALBANY COUN- 25 TY, BY ANY AGGRIEVED CANDIDATE. 26 (B) A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY 27 OR PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO THIS CHAPTER 28 SHALL BE INSTITUTED WITHIN FOURTEEN DAYS AFTER SUCH DETERMINATION WAS 29 MADE. THE BOARD SHALL BE MADE A PARTY TO ANY SUCH PROCEEDING. 30 (C) UPON THE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE FROM A PARTIC- 31 IPATING CANDIDATE OR SUCH CANDIDATE'S AUTHORIZED COMMITTEE AFTER THE 32 ISSUANCE OF WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED BY THIS 33 TITLE, THE BOARD IS AUTHORIZED TO INSTITUTE A SPECIAL PROCEEDING OR 34 CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A JUDGMENT FOR 35 ANY AMOUNTS DETERMINED TO BE PAYABLE TO THE BOARD AS A RESULT OF AN 36 EXAMINATION AND AUDIT MADE PURSUANT TO THIS TITLE OR TO OBTAIN SUCH 37 AMOUNTS DIRECTLY FROM THE CANDIDATE OR AUTHORIZED COMMITTEE AFTER A 38 HEARING AT THE STATE BOARD OF ELECTIONS. 39 (D) THE BOARD IS AUTHORIZED TO INSTITUTE A SPECIAL PROCEEDING OR CIVIL 40 ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A JUDGMENT FOR CIVIL 41 PENALTIES DETERMINED TO BE PAYABLE TO THE BOARD PURSUANT TO THIS TITLE 42 OR TO IMPOSE SUCH PENALTY DIRECTLY AFTER A HEARING AT THE STATE BOARD OF 43 ELECTIONS. 44 S 14-211. REPORTS. THE BOARD SHALL REVIEW AND EVALUATE THE EFFECT OF 45 THIS TITLE UPON THE CONDUCT OF ELECTION CAMPAIGNS AND SHALL SUBMIT A 46 REPORT TO THE LEGISLATURE ON OR BEFORE JANUARY FIRST, TWO THOUSAND NINE- 47 TEEN, AND EVERY THIRD YEAR THEREAFTER, AND AT ANY OTHER TIME UPON THE 48 REQUEST OF THE GOVERNOR AND AT SUCH OTHER TIMES AS THE BOARD DEEMS 49 APPROPRIATE. THESE REPORTS SHALL INCLUDE: 50 1. A LIST OF THE PARTICIPATING AND NONPARTICIPATING CANDIDATES IN 51 COVERED ELECTIONS AND THE VOTES RECEIVED BY EACH CANDIDATE IN THOSE 52 ELECTIONS; 53 2. THE AMOUNT OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES 54 MADE, ON BEHALF OF THESE CANDIDATES; 55 3. THE AMOUNT OF PUBLIC MATCHING FUNDS EACH PARTICIPATING CANDIDATE 56 RECEIVED, SPENT, AND REPAID PURSUANT TO THIS TITLE; S. 6355--A 53 A. 8555--A 1 4. ANALYSIS OF THE EFFECT OF THIS TITLE ON POLITICAL CAMPAIGNS, 2 INCLUDING ITS EFFECT ON THE SOURCES AND AMOUNTS OF PRIVATE FINANCING, 3 THE LEVEL OF CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE NUMBER OF 4 CANDIDATES, THE CANDIDATES' ABILITY TO CAMPAIGN EFFECTIVELY FOR PUBLIC 5 OFFICE, AND THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE; 6 AND 7 5. RECOMMENDATIONS FOR AMENDMENTS TO THIS TITLE, INCLUDING CHANGES IN 8 CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY, AND ANY OTHER FEATURES 9 OF THE SYSTEM. 10 S 14-212. DEBATES FOR CANDIDATES FOR STATEWIDE OFFICE. THE BOARD 11 SHALL PROMULGATE REGULATIONS TO FACILITATE DEBATES AMONG PARTICIPATING 12 CANDIDATES WHO SEEK ELECTION TO STATEWIDE OFFICE. PARTICIPATING CANDI- 13 DATES ARE REQUIRED TO PARTICIPATE IN ONE DEBATE BEFORE EACH ELECTION FOR 14 WHICH THE CANDIDATE RECEIVES PUBLIC FUNDS, UNLESS THE PARTICIPATING 15 CANDIDATE IS RUNNING UNOPPOSED. NONPARTICIPATING CANDIDATES MAY PARTIC- 16 IPATE IN SUCH DEBATES. 17 S 14-213. SEVERABILITY. IF ANY CLAUSE, SENTENCE, SUBDIVISION, PARA- 18 GRAPH, SECTION OR PART OF THIS TITLE BE ADJUDGED BY ANY COURT OF COMPE- 19 TENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR 20 OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA- 21 TION TO THE CLAUSE, SENTENCE, SUBDIVISION, PARAGRAPH, SECTION OR PART 22 THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT 23 SHALL HAVE BEEN RENDERED. 24 S 8. The state finance law is amended by adding a new section 92-t to 25 read as follows: 26 S 92-T. NEW YORK STATE CAMPAIGN FINANCE FUND. 1. THERE IS HEREBY 27 ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE 28 COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW YORK 29 STATE CAMPAIGN FINANCE FUND. 30 2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE NEW YORK 31 STATE CAMPAIGN FINANCE FUND CHECK-OFF PURSUANT TO SUBSECTION (F) OF 32 SECTION SIX HUNDRED FIFTY-EIGHT OF THE TAX LAW, FROM THE ABANDONED PROP- 33 ERTY FUND PURSUANT TO SECTION NINETY-FIVE OF THIS ARTICLE, FROM THE 34 GENERAL FUND, AND FROM ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO 35 FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. SUCH FUND SHALL ALSO 36 RECEIVE CONTRIBUTIONS FROM PRIVATE INDIVIDUALS, ORGANIZATIONS, OR OTHER 37 PERSONS TO FULFILL THE PURPOSES OF THE PUBLIC FINANCING SYSTEM. 38 3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY 39 BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT 40 TO TITLE II OF ARTICLE FOURTEEN OF THE ELECTION LAW AND FOR ADMINISTRA- 41 TIVE EXPENSES RELATED TO THE IMPLEMENTATION OF ARTICLE FOURTEEN OF THE 42 ELECTION LAW. MONEYS SHALL BE PAID OUT OF THE FUND BY THE STATE COMP- 43 TROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE STATE BOARD OF 44 ELECTIONS, OR ITS DULY DESIGNATED REPRESENTATIVE, IN THE MANNER 45 PRESCRIBED BY LAW, NOT MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS 46 RECEIVED BY THE STATE COMPTROLLER. 47 4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IF, IN ANY 48 STATE FISCAL YEAR, THE STATE CAMPAIGN FINANCE FUND LACKS THE AMOUNT OF 49 MONEY TO PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES AND CERTIFIED 50 OR APPROVED BY THE STATE BOARD OF ELECTIONS, ANY SUCH DEFICIENCY SHALL 51 BE PAID BY THE STATE COMPTROLLER, FROM FUNDS DEPOSITED IN THE GENERAL 52 FUND OF THE STATE NOT MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS 53 RECEIVED BY THE STATE COMPTROLLER. 54 5. COMMENCING IN TWO THOUSAND SIXTEEN, IF THE SURPLUS IN THE FUND ON 55 APRIL FIRST OF THE YEAR AFTER A YEAR IN WHICH A GOVERNOR IS ELECTED 56 EXCEEDS TWENTY-FIVE PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER THE S. 6355--A 54 A. 8555--A 1 PREVIOUS FOUR YEARS, THE EXCESS SHALL REVERT TO THE GENERAL FUND OF THE 2 STATE. 3 6. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A 4 PRIMARY ELECTION ANY EARLIER THAN THIRTY DAYS AFTER DESIGNATING 5 PETITIONS, INDEPENDENT NOMINATING PETITIONS, OR CERTIFICATES OF NOMI- 6 NATION HAVE BEEN FILED AND NOT LESS THAN FORTY-FIVE DAYS BEFORE SUCH 7 ELECTION. 8 7. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A 9 GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF THE PRIMARY 10 ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION. 11 8. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A 12 SPECIAL ELECTION ANY EARLIER THAN THE DAY AFTER THE LAST DAY TO FILE 13 CERTIFICATES OF PARTY NOMINATION FOR SUCH SPECIAL ELECTION. 14 9. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO 15 HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN DECLARED 16 INVALID BY THE APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT 17 JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER COURT 18 IN A FINAL JUDGMENT. NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH 19 A CANDIDATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON THE DATE OF 20 SUCH DISQUALIFICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY 21 PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE. 22 ALL SUCH MONEYS SHALL BE REPAID TO THE FUND. 23 S 9. Section 95 of the state finance law is amended by adding a new 24 subdivision 5 to read as follows: 25 5. NOTWITHSTANDING ANY PROVISION OF THIS SECTION AUTHORIZING THE 26 TRANSFER OF ANY MONEYS IN THE ABANDONED PROPERTY FUND TO THE GENERAL 27 FUND, IN JANUARY OF EACH YEAR IN WHICH A STATE GENERAL ELECTION IS TO BE 28 HELD PURSUANT TO LAW, OR AT LEAST SIX WEEKS PRIOR TO ANY STATE SPECIAL 29 ELECTION, THE COMPTROLLER, UPON WARRANT OR VOUCHER BY THE CHAIRMAN OF 30 THE CAMPAIGN FINANCE BOARD OR HIS OR HER DULY APPOINTED REPRESENTATIVE, 31 SHALL TRANSFER MONEYS OF THE ABANDONED PROPERTY FUND INTO THE CAMPAIGN 32 FINANCE FUND PURSUANT TO SECTION NINETY-TWO-T OF THIS ARTICLE. ON MARCH 33 THIRTY-FIRST OF THE YEAR FOLLOWING SUCH GENERAL ELECTION YEAR, SUCH 34 CHAIRMAN SHALL TRANSFER TO THE GENERAL FUND ANY SURPLUS MONEYS OF THE 35 CAMPAIGN FINANCE FUND AS OF SUCH DATE. 36 S 10. Section 658 of the tax law is amended by adding a new subsection 37 (f) to read as follows: 38 (F) NEW YORK STATE CAMPAIGN FINANCE FUND CHECK-OFF. (1) FOR EACH TAXA- 39 BLE YEAR BEGINNING ON AND AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN, 40 EVERY RESIDENT TAXPAYER WHOSE NEW YORK STATE INCOME TAX LIABILITY FOR 41 THE TAXABLE YEAR FOR WHICH THE RETURN IS FILED IS FORTY DOLLARS OR MORE 42 MAY DESIGNATE ON SUCH RETURN THAT FORTY DOLLARS BE PAID INTO THE NEW 43 YORK STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T OF 44 THE STATE FINANCE LAW. WHERE A HUSBAND AND WIFE FILE A JOINT RETURN AND 45 HAVE A NEW YORK STATE INCOME TAX LIABILITY FOR THE TAXABLE YEAR FOR 46 WHICH THE RETURN IS FILED IS EIGHTY DOLLARS OR MORE, OR FILE SEPARATE 47 RETURNS ON A SINGLE FORM, EACH SUCH TAXPAYER MAY MAKE SEPARATE DESIG- 48 NATIONS ON SUCH RETURN OF FORTY DOLLARS TO BE PAID INTO THE NEW YORK 49 STATE CAMPAIGN FINANCE FUND. 50 (2) THE COMMISSIONER SHALL TRANSFER TO THE NEW YORK STATE CAMPAIGN 51 FINANCE FUND, ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE STATE 52 FINANCE LAW, AN AMOUNT EQUAL TO FORTY DOLLARS MULTIPLIED BY THE NUMBER 53 OF DESIGNATIONS. 54 (3) FOR PURPOSES OF THIS SUBSECTION, THE INCOME TAX LIABILITY OF AN 55 INDIVIDUAL FOR ANY TAXABLE YEAR IS THE AMOUNT OF TAX IMPOSED UNDER THIS S. 6355--A 55 A. 8555--A 1 ARTICLE REDUCED BY THE SUM OF THE CREDITS (AS SHOWN IN HIS OR HER 2 RETURN) ALLOWABLE UNDER THIS ARTICLE. 3 (4) THE DEPARTMENT SHALL INCLUDE A PLACE ON EVERY PERSONAL INCOME TAX 4 RETURN FORM TO BE FILED BY AN INDIVIDUAL FOR A TAX YEAR BEGINNING ON OR 5 AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN, FOR SUCH TAXPAYER TO MAKE 6 THE DESIGNATIONS DESCRIBED IN PARAGRAPH ONE OF THIS SUBSECTION. SUCH 7 RETURN FORM SHALL CONTAIN A CONCISE EXPLANATION OF THE PURPOSE OF SUCH 8 OPTIONAL DESIGNATIONS. 9 S 11. Severability. If any clause, sentence, subdivision, paragraph, 10 section or part of title II of article 14 of the election law, as added 11 by section seven of this act be adjudged by any court of competent 12 jurisdiction to be invalid, such judgment shall not affect, impair or 13 invalidate the remainder thereof, but shall be confined in its operation 14 to the clause, sentence, subdivision, paragraph, section or part thereof 15 directly involved in the controversy in which such judgment shall have 16 been rendered. 17 S 12. This act shall take effect immediately; provided, however, all 18 state legislative candidates will be eligible to participate in volun- 19 tary public financing beginning with the 2016 primary election and all 20 other state candidates, including those in irregularly scheduled 21 elections, will be eligible to particulate in voluntary public financing 22 beginning with the 2018 primary election. 23 S 2. Severability. If any clause, sentence, subdivision, paragraph, 24 section, subpart or part of this act be adjudged by any court of compe- 25 tent jurisdiction to be invalid, such judgment shall not affect, impair 26 or invalidate the remainder thereof, but shall be confined in its opera- 27 tion to the clause, sentence, subdivision, paragraph, section, subpart 28 or part thereof directly involved in the controversy in which such judg- 29 ment shall have been rendered. It is hereby declared to be the intent of 30 the legislature that this act would have been enacted even if such 31 invalid provisions had not been included herein. 32 S 3. This act shall take effect immediately, provided, however, that 33 the applicable effective dates of Subparts A through D of this act shall 34 be as specifically set forth in the last section of such Subparts. 35 PART I 36 Section 1. The state comptroller is hereby authorized and directed to 37 loan money in accordance with the provisions set forth in subdivision 5 38 of section 4 of the state finance law to the following funds and/or 39 accounts: 40 1. Tuition reimbursement account (20451). 41 2. Proprietary vocational school supervision account (20452). 42 3. Local government records management account (20501). 43 4. Child health plus program account (20810). 44 5. Hospital based grants program account (20812). 45 6. EPIC premium account (20818). 46 7. Education - New (20901). 47 8. VLT - Sound basic education fund (20904). 48 9. Sewage treatment program management and administration fund 49 (21000). 50 10. Hazardous bulk storage account (21061). 51 11. Federal grants indirect cost recovery account (21065). 52 12. Low level radioactive waste account (21066). 53 13. Recreation account (21067). 54 14. Public safety recovery account (21077). S. 6355--A 56 A. 8555--A 1 15. Conservationist magazine account (21080). 2 16. Environmental regulatory account (21081). 3 17. Natural resource account (21082). 4 18. Mined land reclamation program account (21084). 5 19. Great lakes restoration initiative account (21087). 6 20. Environmental protection and oil spill compensation fund (21200). 7 21. Public transportation systems account (21401). 8 22. Metropolitan mass transportation (21402). 9 23. Operating permit program account (21451). 10 24. Mobile source account (21452). 11 25. Statewide planning and research cooperative system account 12 (21902). 13 26. OPWDD provider of service account (21903). 14 27. Mental hygiene program fund account (21907). 15 28. Mental hygiene patient income account (21909). 16 29. Financial control board account (21911). 17 30. Regulation of racing account (21912). 18 31. New York Metropolitan Transportation Council account (21913). 19 32. Cyber upgrade account (21919). 20 33. State university dormitory income reimbursable account (21937). 21 34. Energy research account (21943). 22 35. Criminal justice improvement account (21945). 23 36. Fingerprint identification and technology account (21950). 24 37. Environmental laboratory reference fee account (21959). 25 38. Clinical laboratory reference system assessment account (21962). 26 39. Public employment relations board account (21964). 27 40. Indirect cost recovery account (21978). 28 41. High school equivalency program account (21979). 29 42. Multi-agency training account (21989). 30 43. Bell jar collection account (22003). 31 44. Industry and utility service account (22004). 32 45. Real property disposition account (22006). 33 46. Parking account (22007). 34 47. Asbestos safety training program account (22009). 35 48. Batavia school for the blind account (22032). 36 49. Investment services account (22034). 37 50. Surplus property account (22036). 38 51. Financial oversight account (22039). 39 52. Regulation of indian gaming account (22046). 40 53. Rome school for the deaf account (22053). 41 54. Seized assets account (22054). 42 55. Administrative adjudication account (22055). 43 56. Federal salary sharing account (22056). 44 57. New York City assessment account (22062). 45 58. Cultural education account (22063). 46 59. Local services account (22078). 47 60. DHCR mortgage servicing account (22085). 48 61. Department of motor vehicles compulsory insurance account (22087). 49 62. Housing indirect cost recovery account (22090). 50 63. Accident prevention course program account (22094). 51 64. DHCR-HCA application fee account (22100). 52 65. Low income housing monitoring account (22130). 53 66. Corporation administration account (22135). 54 67. Montrose veteran's home account (22144). 55 68. Deferred compensation administration account (22151). 56 69. Rent revenue other New York City account (22156). S. 6355--A 57 A. 8555--A 1 70. Rent revenue account (22158). 2 71. Tax revenue arrearage account (22168). 3 72. State university general income offset account (22654). 4 73. State police motor vehicle law enforcement account (22802). 5 74. Highway safety program account (23001). 6 75. EFC drinking water program account (23101). 7 76. DOH drinking water program account (23102). 8 77. NYCCC operating offset account (23151). 9 78. Commercial gaming revenue account (23701). 10 79. Commercial gaming regulation account (23702). 11 80. Highway and bridge capital account (30051). 12 81. State university residence hall rehabilitation fund (30100). 13 82. State parks infrastructure account (30351). 14 83. Clean water/clean air implementation fund (30500). 15 84. Hazardous waste remedial cleanup account (31506). 16 85. Youth facilities improvement account (31701). 17 86. Housing assistance fund (31800). 18 87. Housing program fund (31850). 19 88. Highway facility purpose account (31951). 20 89. Miscellaneous capital projects fund, information technology capi- 21 tal financing account. 22 90. New York racing account (32213). 23 91. Mental hygiene facilities capital improvement fund (32300). 24 92. Correctional facilities capital improvement fund (32350). 25 93. New York State Storm Recovery Capital Fund (33000). 26 94. OGS convention center account (50318). 27 95. Centralized services fund (55000). 28 96. Archives records management account (55052). 29 97. Federal single audit account (55053). 30 98. Civil service law section II administrative account (55055). 31 99. Civil service EHS occupational health program account (55056). 32 100. Banking services account (55057). 33 101. Cultural resources survey account (55058). 34 102. Neighborhood work project (55059). 35 103. Automation & printing chargeback account (55060). 36 104. OFT NYT account (55061). 37 105. Data center account (55062). 38 106. Human service telecom account (55063). 39 107. Intrusion detection account (55066). 40 108. Domestic violence grant account (55067). 41 109. Centralized technology services account (55069). 42 110. Labor contact center account (55071). 43 111. Human services contact center account (55072). 44 112. Tax contact center account (55073). 45 113. Joint labor/management administration fund (55201). 46 114. Executive direction internal audit account (55251). 47 115. CIO Information technology centralized services account (55252). 48 116. Health insurance internal service account (55300). 49 117. Civil service employee benefits division administrative account 50 (55301). 51 118. Correctional industries revolving fund (55350). 52 119. Employees health insurance account (60201). 53 120. Medicaid management information system escrow fund (60900). 54 S 1-a. The state comptroller is hereby authorized and directed to loan 55 money in accordance with the provisions set forth in subdivision 5 of 56 section 4 of the state finance law to any account within the following S. 6355--A 58 A. 8555--A 1 federal funds, provided the comptroller has made a determination that 2 sufficient federal grant award authority is available to reimburse such 3 loans: 4 1. Federal USDA-food and nutrition services fund. (25000). 5 2. Federal health and human services fund (25100). 6 3. Federal education fund (25200). 7 4. Federal block grant fund (25250). 8 5. Federal miscellaneous operating grants fund. (25300) 9 6. Federal unemployment insurance administration fund (25900). 10 7. Federal unemployment insurance occupational training fund (25950). 11 8. Federal emergency employment act fund (26000). 12 9. Federal capital projects fund (31350). 13 S 2. Notwithstanding any law to the contrary, and in accordance with 14 section 4 of the state finance law, the comptroller is hereby authorized 15 and directed to transfer, upon request of the director of the budget, on 16 or before March 31, 2015, up to the unencumbered balance or the follow- 17 ing amounts: 18 Economic Development and Public Authorities: 19 1. $175,000 from the miscellaneous special revenue fund, underground 20 facilities safety training account (22172), to the general fund. 21 2. An amount up to the unencumbered balance from the miscellaneous 22 special revenue fund, business and licensing services account (21977), 23 to the general fund. 24 3. $14,810,000 from the miscellaneous special revenue fund, code 25 enforcement account (21904), to the general fund. 26 4. $3,000,000 from the general fund to the miscellaneous special 27 revenue fund, tax revenue arrearage account (22168). 28 5. $350,000 from the state exposition special fund, state fair 29 receipts account (50051), to the general fund. 30 Education: 31 1. $2,265,000,000 from the general fund to the state lottery fund, 32 education account (20901), 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 2. $950,604,000 from the general fund to the state lottery fund, VLT 37 education account (20904), as reimbursement for disbursements made from 38 such fund for supplemental aid to education pursuant to section 92-c of 39 the state finance law that are in excess of the amounts deposited in 40 such fund for such purposes pursuant to section 1612 of the tax law. 41 3. Moneys from the state lottery fund up to an amount deposited in 42 such fund pursuant to section 1612 of the tax law in excess of the 43 current year appropriation for supplemental aid to education pursuant to 44 section 92-c of the state finance law. 45 4. $300,000 from the local government records management improvement 46 fund (20500) to the archives partnership trust fund (20350). 47 5. $900,000 from the general fund to the miscellaneous special revenue 48 fund, Batavia school for the blind account (22032). 49 6. $900,000 from the general fund to the miscellaneous special revenue 50 fund, Rome school for the deaf account (22053). 51 7. $343,400,000 from the state university dormitory income fund 52 (40350) to the miscellaneous special revenue fund, state university 53 dormitory income reimbursable account (21937). 54 8. $24,000,000 from any of the state education department special 55 revenue and internal service funds to the miscellaneous special revenue 56 fund, indirect cost recovery account (21978). S. 6355--A 59 A. 8555--A 1 9. $8,318,000 from the general fund to the state university income 2 fund, state university income offset account (22654), for the state's 3 share of repayment of the STIP loan. 4 10. $64,000,000 from the state university income fund, state universi- 5 ty hospitals income reimbursable account (22656) to the general fund for 6 hospital debt service for the period April 1, 2014 through March 31, 7 2015. 8 Environmental Affairs: 9 1. $16,000,000 from any of the department of environmental conserva- 10 tion's special revenue federal funds to the environmental conservation 11 special revenue fund, federal indirect recovery account (21065). 12 2. $2,000,000 from any of the department of environmental conserva- 13 tion's special revenue federal funds to the conservation fund as neces- 14 sary to avoid diversion of conservation funds. 15 3. $3,000,000 from any of the office of parks, recreation and historic 16 preservation capital projects federal funds and special revenue federal 17 funds to the miscellaneous special revenue fund, federal grant indirect 18 cost recovery account (22188). 19 4. $1,000,000 from any of the office of parks, recreation and historic 20 preservation special revenue federal funds to the miscellaneous special 21 revenue fund, I love NY water account (21930). 22 Family Assistance: 23 1. $10,000,000 from any of the office of children and family services, 24 office of temporary and disability assistance, or department of health 25 special revenue federal funds and the general fund, in accordance with 26 agreements with social services districts, to the miscellaneous special 27 revenue fund, office of human resources development state match account 28 (21967). 29 2. $3,000,000 from any of the office of children and family services 30 or office of temporary and disability assistance special revenue federal 31 funds to the miscellaneous special revenue fund, family preservation and 32 support services and family violence services account (22082). 33 3. $18,670,000 from any of the office of children and family services, 34 office of temporary and disability assistance, or department of health 35 special revenue federal funds and any other miscellaneous revenues 36 generated from the operation of office of children and family services 37 programs to the general fund. 38 4. $140,000,000 from any of the office of temporary and disability 39 assistance or department of health special revenue funds to the general 40 fund. 41 5. $2,500,000 from any of the office of temporary and disability 42 assistance or office of children and family services special revenue 43 federal funds to the miscellaneous special revenue fund, office of 44 temporary and disability assistance program account (21980). 45 6. $35,000,000 from any of the office of children and family services, 46 office of temporary and disability assistance, department of labor, and 47 department of health special revenue federal funds to the office of 48 children and family services miscellaneous special revenue fund, multi- 49 agency training contract account (21989). 50 7. $122,000,000 from the miscellaneous special revenue fund, youth 51 facility per Diem account (22186), to the general fund. 52 8. $621,850 from the general fund to the combined gifts, grants, and 53 bequests fund, WB Hoyt Memorial account (20128). 54 9. $2,500,000 from the miscellaneous special revenue fund, state 55 central registry (22028) to the general fund. 56 General Government: S. 6355--A 60 A. 8555--A 1 1. $1,566,000 from the miscellaneous special revenue fund, examination 2 and miscellaneous revenue account (22065) to the general fund. 3 2. $12,500,000 from the general fund to the health insurance revolving 4 fund (55300). 5 3. $192,400,000 from the health insurance reserve receipts fund 6 (60550) to the general fund. 7 4. $150,000 from the general fund to the not-for-profit revolving loan 8 fund (20650). 9 5. $150,000 from the not-for-profit revolving loan fund (20650) to the 10 general fund. 11 6. $30,000,000 from the miscellaneous special revenue fund, real prop- 12 erty disposition account (22006), to the general fund. 13 7. $3,000,000 from the miscellaneous special revenue fund, surplus 14 property account (22036), to the general fund. 15 8. $19,900,000 from the general fund to the miscellaneous special 16 revenue fund, alcoholic beverage control account (22033). 17 9. $23,000,000 from the miscellaneous special revenue fund, revenue 18 arrearage account (22024), to the general fund. 19 10. $1,826,000 from the miscellaneous special revenue fund, revenue 20 arrearage account (22024), to the miscellaneous special revenue fund, 21 authority budget office account (22138). 22 11. $1,000,000 from the miscellaneous special revenue fund, parking 23 services account (22007), to the general fund, for the purpose of reim- 24 bursing the costs of debt service related to state parking facilities. 25 12. $21,800,000 from the general fund to the internal service fund, 26 COPS account (55013). 27 13. $14,000,000 from the general fund to the agencies internal service 28 fund, central technology services account (55069), for the purpose of 29 enterprise technology projects. 30 Health: 31 1. $64,600,000 from the miscellaneous special revenue fund, quality of 32 care account (21915) to the general fund. 33 2. $1,000,000 from the general fund to the combined gifts, grants and 34 bequests fund, breast cancer research and education account (20155), an 35 amount equal to the monies collected and deposited into that account in 36 the previous fiscal year. 37 3. $1,464,000 from any of the department of health accounts within the 38 federal health and human services fund to the department of health 39 miscellaneous special revenue fund, statewide planning and research 40 cooperation system (SPARCS) program account (21902). 41 4. $250,000 from the general fund to the combined gifts, grants and 42 bequests fund, prostate cancer research, detection, and education 43 account (20183), an amount equal to the moneys collected and deposited 44 into that account in the previous fiscal year. 45 5. $500,000 from the general fund to the combined gifts, grants and 46 bequests fund, Alzheimer's disease research and assistance account 47 (20143), an amount equal to the moneys collected and deposited into that 48 account in the previous fiscal year. 49 6. $26,527,000 from the HCRA resources fund (20800), to the miscella- 50 neous special revenue fund, empire state stem cell trust fund account 51 (22161). 52 7. $11,373,000 from the general fund to the miscellaneous special 53 revenue fund, empire state stem cell trust fund (22161). 54 8. $64,600,000 from any of the department of health accounts within 55 the federal health and human services fund to the miscellaneous special 56 revenue fund, quality of care account (21915). S. 6355--A 61 A. 8555--A 1 9. $4,000,000 from the miscellaneous special revenue fund, certificate 2 of need account (21920), to the miscellaneous capital projects fund, 3 healthcare IT capital subfund. 4 10. $3,000,000 from the miscellaneous special revenue fund, adminis- 5 tration program account (21982), to the miscellaneous capital projects 6 fund, healthcare IT capital subfund. 7 11. $3,000,000 from the miscellaneous special revenue fund, vital 8 records account (22103), to the miscellaneous capital projects fund, 9 healthcare IT capital subfund. 10 12. $65,000,000 from the HCRA resources fund (20800) to the capital 11 projects fund (30000), for the purpose of funding the statewide health 12 information network for New York and the all payers claims database. 13 13. $3,700,000 from the miscellaneous New York state agency fund, 14 Medicaid recoveries account (60615), to the general fund. 15 Labor: 16 1. $400,000 from the miscellaneous special revenue fund, DOL fee and 17 penalty account (21923), to the child performer's protection fund, child 18 performer protection account (20401). 19 2. $8,400,000 from the miscellaneous special revenue fund, DOL fee and 20 penalty account (21923), to the general fund. 21 3. $3,300,000 from the unemployment insurance interest and penalty 22 fund, unemployment insurance special interest and penalty account 23 (23601), to the general fund. 24 Mental Hygiene: 25 1. $10,000,000 from the miscellaneous special revenue fund, mental 26 hygiene patient income account (21909), to the miscellaneous special 27 revenue fund, federal salary sharing account (22056). 28 2. $100,000,000 from the miscellaneous special revenue fund, mental 29 hygiene patient income account (21909), to the miscellaneous special 30 revenue fund, provider of service accounts (21903). 31 3. $100,000,000 from the miscellaneous special revenue fund, mental 32 hygiene program fund account (21907), to the miscellaneous special 33 revenue fund, provider of service account (21903). 34 4. $1,250,000,000 from the general fund to the miscellaneous special 35 revenue fund, mental hygiene patient income account (21909). 36 5. $1,600,000,000 from the general fund to the miscellaneous special 37 revenue fund, mental hygiene program fund account (21907). 38 6. $100,000,000 from the miscellaneous special revenue fund, mental 39 hygiene program fund account (21907), to the general fund. 40 7. $100,000,000 from the miscellaneous special revenue fund, mental 41 hygiene patient income account (21909), to the general fund. 42 Public Protection: 43 1. $1,350,000 from the miscellaneous special revenue fund, emergency 44 management account (21944), to the general fund. 45 2. $3,300,000 from the general fund to the miscellaneous special 46 revenue fund, recruitment incentive account (22171). 47 3. $13,000,000 from the general fund to the correctional industries 48 revolving fund, correctional industries internal service account 49 (55350). 50 4. $12,000,000 from the federal miscellaneous operating grants fund, 51 DMNA damage account (25324), to the general fund. 52 5. $14,300,000 from the general fund to the miscellaneous special 53 revenue fund, crimes against revenue program account (22015). 54 6. $9,100,000 from the miscellaneous special revenue fund, criminal 55 justice improvement account (21945), to the general fund. S. 6355--A 62 A. 8555--A 1 7. $50,000,000 from the miscellaneous special revenue fund, statewide 2 public safety communications account (22123), to the general fund. 3 8. $106,000,000 from the state police motor vehicle law enforcement 4 and motor vehicle theft and insurance fraud prevention fund, state 5 police motor vehicle enforcement account (22802), to the general fund 6 for state operation expenses of the division of state police. 7 9. $21,500,000 from the general fund to the correctional facilities 8 capital improvement fund (32350). 9 10. $5,000,000 from the general fund to the dedicated highway and 10 bridge trust fund (30050) for the purpose of work zone safety activities 11 provided by the division of state police for the department of transpor- 12 tation. 13 11. $5,000,000 from the miscellaneous special revenue fund, statewide 14 public safety communications account (22123), to the capital projects 15 fund (30000). 16 12. $2,000,000 from the miscellaneous special revenue fund, legal 17 services assistance account (22096), to the general fund. 18 Transportation: 19 1. $17,672,000 from the federal miscellaneous operating grants fund to 20 the miscellaneous special revenue fund, New York Metropolitan Transpor- 21 tation Council account (21913). 22 2. $20,147,000 from the federal capital projects fund to the miscella- 23 neous special revenue fund, New York Metropolitan Transportation Council 24 account (21913). 25 3. $15,700,000 from the miscellaneous special revenue fund, compulsory 26 insurance account (22087), to the general fund. 27 4. $12,000,000 from the general fund to the mass transportation oper- 28 ating assistance fund, public transportation systems operating assist- 29 ance account (21401). 30 5. $662,483,000 from the general fund to the dedicated highway and 31 bridge trust fund (30050). 32 6. $606,000 from the miscellaneous special revenue fund, accident 33 prevention course program account (22094), to the general fund. 34 7. $6,000 from the miscellaneous special revenue fund, motorcycle 35 safety account (21976), to the general fund. 36 8. $309,250,000 from the general fund to the MTA financial assistance 37 fund, mobility tax trust account (23651). 38 9. $40,000,000 from the mass transportation operating assistance fund, 39 metropolitan mass transportation operating assistance account (21402), 40 to the general debt service fund (40150), for reimbursement of the 41 state's expenses in connection with payments of debt service and related 42 expenses for the metropolitan transportation authority's state service 43 contract bonds. 44 10. $2,500,000 from the miscellaneous special revenue fund, rail safe- 45 ty inspection account (21983) to the dedicated highway and bridge trust 46 fund (30050). 47 11. $5,000,000 from the miscellaneous special revenue fund, transpor- 48 tation regulation account (22067) to the dedicated highway and bridge 49 trust fund (30050), for disbursements made from such fund for motor 50 carrier safety that are in excess of the amounts deposited in the dedi- 51 cated highway and bridge trust fund (30050) for such purpose pursuant to 52 section 94 of the transportation law. 53 Miscellaneous: 54 1. $150,000,000 from the general fund to any funds or accounts for the 55 purpose of reimbursing certain outstanding accounts receivable balances. S. 6355--A 63 A. 8555--A 1 2. $500,000,000 from the general fund to the debt reduction reserve 2 fund (40000). 3 3. $450,000,000 from the New York state storm recovery capital fund 4 (33000) to the revenue bond tax fund (40152). 5 4. $15,500,000 from the general fund, community projects account GG 6 (10256), to the general fund, state purposes account (10050). 7 S 3. Notwithstanding any law to the contrary, and in accordance with 8 section 4 of the state finance law, the comptroller is hereby authorized 9 and directed to transfer, on or before March 31, 2015: 10 1. Upon request of the commissioner of environmental conservation, up 11 to $11,283,800 from revenues credited to any of the department of envi- 12 ronmental conservation special revenue funds, including $3,275,400 from 13 the environmental protection and oil spill compensation fund (21200), 14 and $1,773,600 from the conservation fund (21150), to the environmental 15 conservation special revenue fund, indirect charges account (21060). 16 2. Upon request of the commissioner of agriculture and markets, up to 17 $3,000,000 from any special revenue fund or enterprise fund within the 18 department of agriculture and markets to the general fund, to pay appro- 19 priate administrative expenses. 20 3. Upon request of the commissioner of agriculture and markets, up to 21 $2,000,000 from the state exposition special fund, state fair receipts 22 account (50051) to the miscellaneous capital projects fund, state fair 23 capital improvement account (32208). 24 4. Upon request of the commissioner of the division of housing and 25 community renewal, up to $6,221,000 from revenues credited to any divi- 26 sion of housing and community renewal federal or miscellaneous special 27 revenue fund to the miscellaneous special revenue fund, housing indirect 28 cost recovery account (22090). 29 5. Upon request of the commissioner of the division of housing and 30 community renewal, up to $5,500,000 may be transferred from any miscel- 31 laneous special revenue fund account, to any miscellaneous special 32 revenue fund. 33 6. Upon request of the commissioner of health up to $5,000,000 from 34 revenues credited to any of the department of health's special revenue 35 funds, to the miscellaneous special revenue fund, administration account 36 (21982). 37 S 3-a. Employees of the division of military and naval affairs in the 38 unclassified service of the state, who are substantially engaged in the 39 performance of duties to support business and financial services, admin- 40 istrative services, payroll administration, time and attendance, benefit 41 administration and other transactional human resources functions, may be 42 transferred to the office of general services in accordance with the 43 provisions of section 45 of the civil service law as if the state had 44 taken over a private entity. No employee who is transferred pursuant to 45 this act shall suffer a reduction in basic annual salary as a result of 46 the transfer. 47 S 4. Notwithstanding section 2815 of the public health law or any 48 other contrary provision of law, upon the direction of the director of 49 the budget and the commissioner of health, the dormitory authority of 50 the state of New York is directed to transfer $7,000,000 annually from 51 funds available and uncommitted in the New York state health care 52 restructuring pool to the health care reform act (HCRA) resources fund - 53 HCRA resources account. 54 S 5. On or before March 31, 2015, the comptroller is hereby authorized 55 and directed to deposit earnings that would otherwise accrue to the 56 general fund that are attributable to the operation of section 98-a of S. 6355--A 64 A. 8555--A 1 the state finance law, to the agencies internal service fund, banking 2 services account (55057), for the purpose of meeting direct payments 3 from such account. 4 S 6. Notwithstanding any law to the contrary, upon the direction of 5 the director of the budget and upon requisition by the state university 6 of New York, the dormitory authority of the state of New York is 7 directed to transfer, up to $22,000,000 in revenues generated from the 8 sale of notes or bonds, to the state university of New York for 9 reimbursement of bondable equipment for further transfer to the state's 10 general fund. 11 S 7. Notwithstanding any law to the contrary, and in accordance with 12 section 4 of the state finance law, the comptroller is hereby authorized 13 and directed to transfer, upon request of the director of the budget and 14 upon consultation with the state university chancellor or his or her 15 designee, on or before March 31, 2015, up to $16,000,000 from the state 16 university income fund general revenue account (22653) to the state 17 general fund for debt service costs related to campus supported capital 18 project costs for the NY-SUNY 2020 challenge grant program at the 19 University at Buffalo. 20 S 8. Notwithstanding any law to the contrary, and in accordance with 21 section 4 of the state finance law, the comptroller is hereby authorized 22 and directed to transfer, upon request of the director of the budget and 23 upon consultation with the state university chancellor or his or her 24 designee, on or before March 31, 2015, up to $6,500,000 from the state 25 university income fund general revenue account (22653) to the state 26 general fund for debt service costs related to campus supported capital 27 project costs for the NY-SUNY 2020 challenge grant program at the 28 University at Albany. 29 S 9. Notwithstanding any law to the contrary, the state university 30 chancellor or his or her designee is authorized and directed to transfer 31 estimated tuition revenue balances from the state university collection 32 fund (61000) to the state university income fund, state university 33 general revenue offset account (22655) on or before March 31, 2015. 34 S 10. Notwithstanding any law to the contrary, and in accordance with 35 section 4 of the state finance law, the comptroller is hereby authorized 36 and directed to transfer, upon request of the director of the budget, up 37 to $69,264,000 from the general fund to the state university income 38 fund, state university hospitals income reimbursable account (22656) 39 during the period July 1, 2014 through June 30, 2015 to reflect ongoing 40 state subsidy of SUNY hospitals and to pay costs attributable to the 41 SUNY hospitals' state agency status. 42 S 11. Notwithstanding any law to the contrary, and in accordance with 43 section 4 of the state finance law, the comptroller is hereby authorized 44 and directed to transfer, upon request of the director of the budget, up 45 to $969,050,300 from the general fund to the state university income 46 fund, state university general revenue offset account (22655) during the 47 period of July 1, 2014 through June 30, 2015 to support operations at 48 the state university. 49 S 12. Notwithstanding any law to the contrary, and in accordance with 50 section 4 of the state finance law, the comptroller is hereby authorized 51 and directed to transfer, upon request of the state university chancel- 52 lor or his or her designee, up to $50,000,000 from the state university 53 income fund, state university hospitals income reimbursable account 54 (22656), for services and expenses of hospital operations and capital 55 expenditures at the state university hospitals; and the state university S. 6355--A 65 A. 8555--A 1 income fund, Long Island veterans' home account (22652) to the state 2 university capital projects fund (32400) on or before June 30, 2015. 3 S 13. Notwithstanding any law to the contrary, and in accordance with 4 section 4 of the state finance law, the comptroller, after consultation 5 with the state university chancellor or his or her designee, is hereby 6 authorized and directed to transfer moneys, in the first instance, from 7 the state university collection fund, Stony Brook hospital collection 8 account (61006), Brooklyn hospital collection account (61007), and Syra- 9 cuse hospital collection account (61008) to the state university income 10 fund, state university hospitals income reimbursable account (22656) in 11 the event insufficient funds are available in the state university 12 income fund, state university hospitals income reimbursable account 13 (22656) to permit the full transfer of moneys authorized for transfer, 14 to the general fund for payment of debt service related to the SUNY 15 hospitals. Notwithstanding any law to the contrary, the comptroller is 16 also hereby authorized and directed, after consultation with the state 17 university chancellor or his or her designee, to transfer moneys from 18 the state university income fund to the state university income fund, 19 state university hospitals income reimbursable account (22656) in the 20 event insufficient funds are available in the state university income 21 fund, state university hospitals income reimbursable account (22656) to 22 pay hospital operating costs or to permit the full transfer of moneys 23 authorized for transfer, to the general fund for payment of debt service 24 related to the SUNY hospitals on or before March 31, 2015. 25 S 14. Notwithstanding any law to the contrary, upon the direction of 26 the director of the budget and the chancellor of the state university of 27 New York or his or her designee, and in accordance with section 4 of the 28 state finance law, the comptroller is hereby authorized and directed to 29 transfer monies from the state university dormitory income fund (40350) 30 to the state university residence hall rehabilitation fund (30100), and 31 from the state university residence hall rehabilitation fund (30100) to 32 the state university dormitory income fund (40350), in an amount not to 33 exceed in the aggregate $80 million. 34 S 15. Notwithstanding any law to the contrary, and in accordance with 35 section 4 of the state finance law, the comptroller is hereby authorized 36 and directed to transfer monies, upon request of the director of the 37 budget, on or before March 31, 2015, from and to any of the following 38 accounts: the miscellaneous special revenue fund, patient income account 39 (21909), the miscellaneous special revenue fund, mental hygiene program 40 fund account (21907), the miscellaneous special revenue fund, federal 41 salary sharing account (22056) or the general fund in any combination, 42 the aggregate of which shall not exceed $350 million. 43 S 16. 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, at the request of the director of the budget, 46 up to $500 million from the unencumbered balance of any special revenue 47 fund or account, or combination of funds and accounts, to the general 48 fund. The amounts transferred pursuant to this authorization shall be in 49 addition to any other transfers expressly authorized in the 2014-15 50 budget. Transfers from federal funds, debt service funds, capital 51 projects funds, the community projects fund, or funds that would result 52 in the loss of eligibility for federal benefits or federal funds pursu- 53 ant to federal law, rule, or regulation as assented to in chapter 683 of 54 the laws of 1938 and chapter 700 of the laws of 1951 are not permitted 55 pursuant to this authorization. Prior to initiating transfers pursuant 56 to this authorization, the director of the budget shall notify both S. 6355--A 66 A. 8555--A 1 houses of the legislature in writing of any subfund account for which 2 use of this transfer authorization would exceed $2.5 million. 3 S 17. Notwithstanding any law to the contrary, and in accordance with 4 section 4 of the state finance law, the comptroller is hereby authorized 5 and directed to transfer, at the request of the director of the budget, 6 up to $100 million from any non-general fund or account, or combination 7 of funds and accounts, to the miscellaneous special revenue fund, tech- 8 nology financing account (22207) or the miscellaneous capital projects 9 fund, information technology capital financing account, for the purpose 10 of consolidating technology procurement and services. The amounts 11 transferred to the miscellaneous special revenue fund, technology 12 financing account (22207) pursuant to this authorization shall be equal 13 to or less than the amount of such monies intended to support informa- 14 tion technology costs which are attributable, according to a plan, to 15 such account made in pursuance to an appropriation by law. Transfers to 16 the technology financing account shall be completed from amounts 17 collected by non-general funds or accounts pursuant to a fund deposit 18 schedule or permanent statute, and shall be transferred to the technolo- 19 gy financing account pursuant to a schedule agreed upon by the affected 20 agency commissioner. Transfers from funds that would result in the loss 21 of eligibility for federal benefits or federal funds pursuant to federal 22 law, rule, or regulation as assented to in chapter 683 of the laws of 23 1938 and chapter 700 of the laws of 1951 are not permitted pursuant to 24 this authorization. 25 S 18. Notwithstanding any law to the contrary, and in accordance with 26 section 4 of the state finance law, the comptroller is hereby authorized 27 and directed to transfer, at the request of the director of the budget, 28 up to $300 million from any non-general fund or account, or combination 29 of funds and accounts, to the general fund for the purpose of consol- 30 idating technology procurement and services. The amounts transferred 31 pursuant to this authorization shall be equal to or less than the amount 32 of such monies intended to support information technology costs which 33 are attributable, according to a plan, to such account made in pursuance 34 to an appropriation by law. Transfers to the general fund shall be 35 completed from amounts collected by non-general funds or accounts pursu- 36 ant to a fund deposit schedule. Transfers from funds that would result 37 in the loss of eligibility for federal benefits or federal funds pursu- 38 ant to federal law, rule, or regulation as assented to in chapter 683 of 39 the laws of 1938 and chapter 700 of the laws of 1951 are not permitted 40 pursuant to this authorization. 41 S 19. Notwithstanding any provision of law to the contrary, as deemed 42 feasible and advisable by its trustees, the power authority of the state 43 of New York is authorized and directed to (i) make a contribution to the 44 state treasury to the credit of the general fund, or as otherwise 45 directed in writing by the director of the budget, in an amount of up to 46 $90,000,000 for the state fiscal year commencing April 1, 2014, the 47 proceeds of which will be utilized to support energy-related initiatives 48 of the state or for economic development purposes, and (ii) transfer up 49 to $25,000,000 of any such contribution by June 30, 2014 and the remain- 50 der of any such contribution by March 31, 2015. 51 S 20. Subdivision 5 of section 97-rrr of the state finance law, as 52 amended by section 20 of part HH of chapter 57 of the laws of 2013, is 53 amended to read as follows: 54 5. Notwithstanding the provisions of section one hundred seventy-one-a 55 of the tax law, as separately amended by chapters four hundred eighty- 56 one and four hundred eighty-four of the laws of nineteen hundred eight- S. 6355--A 67 A. 8555--A 1 y-one, and notwithstanding the provisions of chapter ninety-four of the 2 laws of two thousand eleven, or any other provisions of law to the 3 contrary, during the fiscal year beginning April first, two thousand 4 [thirteen] FOURTEEN, the state comptroller is hereby authorized and 5 directed to deposit to the fund created pursuant to this section from 6 amounts collected pursuant to article twenty-two of the tax law and 7 pursuant to a schedule submitted by the director of the budget, up to 8 [$3,419,375,000] $3,429,375,000, as may be certified in such schedule as 9 necessary to meet the purposes of such fund for the fiscal year begin- 10 ning April first, two thousand [thirteen] FOURTEEN. 11 S 21. The comptroller is authorized and directed to deposit to the 12 general fund-state purposes account reimbursements from moneys appropri- 13 ated or reappropriated to the correctional facilities capital improve- 14 ment fund by a chapter of the laws of 2014. Reimbursements shall be 15 available for spending from appropriations made to the department of 16 corrections and community supervision in the general fund-state purposes 17 accounts by a chapter of the laws of 2014 for costs associated with the 18 administration and security of capital projects and for other costs 19 which are attributable, according to a plan, to such capital projects. 20 S 22. Subdivision 6 of section 4 of the state finance law, as amended 21 by section 18 of part U of chapter 59 of the laws of 2012, is amended to 22 read as follows: 23 6. Notwithstanding any law to the contrary, at the beginning of the 24 state fiscal year, the state comptroller is hereby authorized and 25 directed to receive for deposit to the credit of a fund and/or an 26 account such monies as are identified by the director of the budget as 27 having been intended for such deposit to support disbursements from such 28 fund and/or account made in pursuance of an appropriation by law. As 29 soon as practicable upon enactment of the budget, the director of the 30 budget shall, but not less than three days following preliminary 31 submission to the chairs of the senate finance committee and the assem- 32 bly ways and means committee, file with the state comptroller an iden- 33 tification of specific monies to be so deposited. Any subsequent change 34 regarding the monies to be so deposited shall be filed by the director 35 of the budget, as soon as practicable, but not less than three days 36 following preliminary submission to the chairs of the senate finance 37 committee and the assembly ways and means committee. 38 All monies identified by the director of the budget to be deposited to 39 the credit of a fund and/or account shall be consistent with the intent 40 of the budget for the then current state fiscal year as enacted by the 41 legislature. 42 [The provisions of this subdivision shall expire on March thirty- 43 first, two thousand fourteen.] 44 S 23. Subdivision 4 of section 40 of the state finance law, as amended 45 by section 19 of part U of chapter 59 of the laws of 2012, is amended to 46 read as follows: 47 4. Every appropriation made from a fund or account to a department or 48 agency shall be available for the payment of prior years' liabilities in 49 such fund or account for fringe benefits, indirect costs, and telecommu- 50 nications expenses and expenses for other centralized services fund 51 programs without limit. Every appropriation shall also be available for 52 the payment of prior years' liabilities other than those indicated 53 above, but only to the extent of one-half of one percent of the total 54 amount appropriated to a department or agency in such fund or account. 55 [The provisions of this subdivision shall expire March thirty-first, 56 two thousand fourteen.] S. 6355--A 68 A. 8555--A 1 S 24. Notwithstanding any other law, rule, or regulation to the 2 contrary, the state comptroller is hereby authorized and directed to use 3 any balance remaining in the mental health services fund debt service 4 appropriation, after payment by the state comptroller of all obligations 5 required pursuant to any lease, sublease, or other financing arrangement 6 between the dormitory authority of the state of New York as successor to 7 the New York state medical care facilities finance agency, and the 8 facilities development corporation pursuant to chapter 83 of the laws of 9 1995 and the department of mental hygiene for the purpose of making 10 payments to the dormitory authority of the state of New York for the 11 amount of the earnings for the investment of monies deposited in the 12 mental health services fund that such agency determines will or may have 13 to be rebated to the federal government pursuant to the provisions of 14 the internal revenue code of 1986, as amended, in order to enable such 15 agency to maintain the exemption from federal income taxation on the 16 interest paid to the holders of such agency's mental services facilities 17 improvement revenue bonds. Annually on or before each June 30th, such 18 agency shall certify to the state comptroller its determination of the 19 amounts received in the mental health services fund as a result of the 20 investment of monies deposited therein that will or may have to be 21 rebated to the federal government pursuant to the provisions of the 22 internal revenue code of 1986, as amended. 23 S 25. Section 68-b 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 26. Section 69-n of the state finance law is amended by adding a new 31 subdivision 12 to read as follows: 32 12. THE COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM THE AUTHOR- 33 IZED ISSUERS ANY PORTION OF BOND PROCEEDS PAID TO PROVIDE FUNDS FOR OR 34 REIMBURSE THE STATE FOR ITS COSTS ASSOCIATED WITH SUCH AUTHORIZED 35 PURPOSES AND TO CREDIT SUCH AMOUNTS TO THE CAPITAL PROJECTS FUND OR ANY 36 OTHER APPROPRIATE FUND. 37 S 27. Paragraph (b) of subdivision 4 of section 72 of the state 38 finance law, as amended by section 37 of part U of chapter 59 of the 39 laws of 2012, is amended to read as follows: 40 (b) On or before the beginning of each quarter, the director of the 41 budget may certify to the state comptroller the estimated amount of 42 monies that shall be reserved in the general debt service fund for the 43 payment of debt service and related expenses payable by such fund during 44 each month of the state fiscal year, excluding payments due from the 45 revenue bond tax fund. Such certificate may be periodically updated, as 46 necessary. Notwithstanding any provision of law to the contrary, the 47 state comptroller shall reserve in the general debt service fund the 48 amount of monies identified on such certificate as necessary for the 49 payment of debt service and related expenses during the current or next 50 succeeding quarter of the state fiscal year. Such monies reserved shall 51 not be available for any other purpose. Such certificate shall be 52 reported to the chairpersons of the Senate Finance Committee and the 53 Assembly Ways and Means Committee. [The provisions of this paragraph 54 shall expire June thirtieth, two thousand fourteen.] 55 S 28. Section 47 of section 1 of chapter 174 of the laws of 1968, 56 constituting the New York state urban development corporation act, as S. 6355--A 69 A. 8555--A 1 added by section 47 of part HH of chapter 57 of the laws of 2013, is 2 amended to read as follows: 3 S 47. 1. Notwithstanding the provisions of any other law to the 4 contrary, the dormitory authority and the corporation are hereby author- 5 ized to issue bonds or notes in one or more series for the purpose of 6 funding project costs for the office of information technology services, 7 DEPARTMENT OF LAW, and other state costs associated with such capital 8 projects. The aggregate principal amount of bonds authorized to be 9 issued pursuant to this section shall not exceed [eighty-seven] ONE 10 HUNDRED EIGHTY-TWO million [seven] FOUR hundred forty thousand dollars, 11 excluding bonds issued to fund one or more debt service reserve funds, 12 to pay costs of issuance of such bonds, and bonds or notes issued to 13 refund or otherwise repay such bonds or notes previously issued. Such 14 bonds and notes of the dormitory authority and the corporation shall not 15 be a debt of the state, and the state shall not be liable thereon, nor 16 shall they be payable out of any funds other than those appropriated by 17 the state to the dormitory authority and the corporation for principal, 18 interest, and related expenses pursuant to a service contract and such 19 bonds and notes shall contain on the face thereof a statement to such 20 effect. Except for purposes of complying with the internal revenue code, 21 any interest income earned on bond proceeds shall only be used to pay 22 debt service on such bonds. 23 2. Notwithstanding any other provision of law to the contrary, in 24 order to assist the dormitory authority and the corporation in undertak- 25 ing the financing for project costs for the office of information tech- 26 nology services, DEPARTMENT OF LAW, and other state costs associated 27 with such capital projects, the director of the budget is hereby author- 28 ized to enter into one or more service contracts with the dormitory 29 authority and the corporation, none of which shall exceed thirty years 30 in duration, upon such terms and conditions as the director of the budg- 31 et and the dormitory authority and the corporation agree, so as to annu- 32 ally provide to the dormitory authority and the corporation, in the 33 aggregate, a sum not to exceed the principal, interest, and related 34 expenses required for such bonds and notes. Any service contract entered 35 into pursuant to this section shall provide that the obligation of the 36 state to pay the amount therein provided shall not constitute a debt of 37 the state within the meaning of any constitutional or statutory 38 provision and shall be deemed executory only to the extent of monies 39 available and that no liability shall be incurred by the state beyond 40 the monies available for such purpose, subject to annual appropriation 41 by the legislature. Any such contract or any payments made or to be made 42 thereunder may be assigned and pledged by the dormitory authority and 43 the corporation as security for its bonds and notes, as authorized by 44 this section. 45 S 29. Subdivision 1 of section 16 of part D of chapter 389 of the laws 46 of 1997, relating to the financing of the correctional facilities 47 improvement fund and the youth facility improvement fund, as amended by 48 section 49 of part HH of chapter 57 of the laws of 2013, is amended to 49 read as follows: 50 1. Subject to the provisions of chapter 59 of the laws of 2000, but 51 notwithstanding the provisions of section 18 of section 1 of chapter 174 52 of the laws of 1968, the New York state urban development corporation is 53 hereby authorized to issue bonds, notes and other obligations in an 54 aggregate principal amount not to exceed seven billion one hundred 55 [thirty-three] FORTY-EIGHT million sixty-nine thousand dollars 56 [$7,133,069,000] $7,148,069,000, and shall include all bonds, notes and S. 6355--A 70 A. 8555--A 1 other obligations issued pursuant to chapter 56 of the laws of 1983, as 2 amended or supplemented. The proceeds of such bonds, notes or other 3 obligations shall be paid to the state, for deposit in the correctional 4 facilities capital improvement fund to pay for all or any portion of the 5 amount or amounts paid by the state from appropriations or reappropri- 6 ations made to the department of corrections and community supervision 7 from the correctional facilities capital improvement fund for capital 8 projects. The aggregate amount of bonds, notes or other obligations 9 authorized to be issued pursuant to this section shall exclude bonds, 10 notes or other obligations issued to refund or otherwise repay bonds, 11 notes or other obligations theretofore issued, the proceeds of which 12 were paid to the state for all or a portion of the amounts expended by 13 the state from appropriations or reappropriations made to the department 14 of corrections and community supervision; provided, however, that upon 15 any such refunding or repayment the total aggregate principal amount of 16 outstanding bonds, notes or other obligations may be greater than seven 17 billion one hundred [thirty-three] FORTY-EIGHT million sixty-nine thou- 18 sand dollars [$7,133,069,000] $7,148,069,000, only if the present value 19 of the aggregate debt service of the refunding or repayment bonds, notes 20 or other obligations to be issued shall not exceed the present value of 21 the aggregate debt service of the bonds, notes or other obligations so 22 to be refunded or repaid. For the purposes hereof, the present value of 23 the 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 30. Paragraph (a) of subdivision 2 of section 47-e of the private 36 housing finance law, as amended by section 50 of part HH of chapter 57 37 of the laws of 2013, is amended to read as follows: 38 (a) Subject to the provisions of chapter fifty-nine of the laws of two 39 thousand, in order to enhance and encourage the promotion of housing 40 programs and thereby achieve the stated purposes and objectives of such 41 housing programs, the agency shall have the power and is hereby author- 42 ized from time to time to issue negotiable housing program bonds and 43 notes in such principal amount as shall be necessary to provide suffi- 44 cient funds for the repayment of amounts disbursed (and not previously 45 reimbursed) pursuant to law or any prior year making capital appropri- 46 ations or reappropriations for the purposes of the housing program; 47 provided, however, that the agency may issue such bonds and notes in an 48 aggregate principal amount not exceeding two billion [eight hundred 49 forty-four] NINE HUNDRED NINETY-NINE million [eight hundred] ninety-nine 50 thousand dollars, plus a principal amount of bonds issued to fund the 51 debt service reserve fund in accordance with the debt service reserve 52 fund requirement established by the agency and to fund any other 53 reserves that the agency reasonably deems necessary for the security or 54 marketability of such bonds and to provide for the payment of fees and 55 other charges and expenses, including underwriters' discount, trustee 56 and rating agency fees, bond insurance, credit enhancement and liquidity S. 6355--A 71 A. 8555--A 1 enhancement related to the issuance of such bonds and notes. No reserve 2 fund securing the housing program bonds shall be entitled or eligible to 3 receive state funds apportioned or appropriated to maintain or restore 4 such reserve fund at or to a particular level, except to the extent of 5 any deficiency resulting directly or indirectly from a failure of the 6 state to appropriate or pay the agreed amount under any of the contracts 7 provided for in subdivision four of this section. 8 S 31. Subdivision (b) of section 11 of chapter 329 of the laws of 9 1991, amending the state finance law and other laws relating to the 10 establishment of the dedicated highway and bridge trust fund, as amended 11 by section 51 of part HH of chapter 57 of the laws of 2013, is amended 12 to read as follows: 13 (b) Any service contract or contracts for projects authorized pursuant 14 to sections 10-c, 10-f, 10-g and 80-b of the highway law and section 15 14-k of the transportation law, and entered into pursuant to subdivision 16 (a) of this section, shall provide for state commitments to provide 17 annually to the thruway authority a sum or sums, upon such terms and 18 conditions as shall be deemed appropriate by the director of the budget, 19 to fund, or fund the debt service requirements of any bonds or any obli- 20 gations of the thruway authority issued to fund OR TO REIMBURSE THE 21 STATE FOR FUNDING such projects having a cost not in excess of 22 [$7,591,875,000] $8,080,728,000 cumulatively by the end of fiscal year 23 [2013-14] 2014-15. 24 S 32. Subdivision 1 of section 1689-i of the public authorities law, 25 as amended by section 52 of part HH of chapter 57 of the laws of 2013, 26 is amended to read as follows: 27 1. The dormitory authority is authorized to issue bonds, at the 28 request of the commissioner of education, to finance eligible library 29 construction projects pursuant to section two hundred seventy-three-a of 30 the education law, in amounts certified by such commissioner not to 31 exceed a total principal amount of [one hundred twelve] ONE HUNDRED 32 TWENTY-SIX million dollars. 33 S 33. Subdivision (a) of section 27 of part Y of chapter 61 of the 34 laws of 2005, providing for the administration of certain funds and 35 accounts related to the 2005-2006 budget, as amended by section 53 of 36 part HH of chapter 57 of the laws of 2013, is amended to read as 37 follows: 38 (a) Subject to the provisions of chapter 59 of the laws of 2000, but 39 notwithstanding any provisions of law to the contrary, the urban devel- 40 opment corporation is hereby authorized to issue bonds or notes in one 41 or more series in an aggregate principal amount not to exceed 42 [$133,600,000] $149,600,000, excluding bonds issued to finance one or 43 more debt service reserve funds, to pay costs of issuance of such bonds, 44 and bonds or notes issued to refund or otherwise repay such bonds or 45 notes previously issued, for the purpose of financing capital projects 46 INCLUDING IT INITIATIVES for the division of state police, debt service 47 and leases; and to reimburse the state general fund for disbursements 48 made therefor. Such bonds and notes of such authorized issuer shall not 49 be a debt of the state, and the state shall not be liable thereon, nor 50 shall they be payable out of any funds other than those appropriated by 51 the state to such authorized issuer for debt service and related 52 expenses pursuant to any service contract executed pursuant to subdivi- 53 sion (b) of this section and such bonds and notes shall contain on the 54 face thereof a statement to such effect. Except for purposes of comply- 55 ing with the internal revenue code, any interest income earned on bond 56 proceeds shall only be used to pay debt service on such bonds. S. 6355--A 72 A. 8555--A 1 S 34. Section 44 of section 1 of chapter 174 of the laws of 1968, 2 constituting the New York state urban development corporation act, as 3 amended by section 54 of part HH of chapter 57 of the laws of 2013, is 4 amended to read as follows: 5 S 44. Issuance of certain bonds or notes. 1. Notwithstanding the 6 provisions of any other law to the contrary, the dormitory authority and 7 the corporation are hereby authorized to issue bonds or notes in one or 8 more series for the purpose of funding project costs for the regional 9 economic development council initiative, the economic transformation 10 program, state university of New York college for nanoscale and science 11 engineering, projects within the city of Buffalo or surrounding envi- 12 rons, the New York works economic development fund, projects for the 13 retention of professional football in western New York, the empire state 14 economic [devlopment] DEVELOPMENT fund, THE CLARKSON-TRUDEAU PARTNER- 15 SHIP, THE NEW YORK GENOME CENTER, THE CORNELL UNIVERSITY COLLEGE OF 16 VETERINARY MEDICINE, THE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY, A 17 PROJECT AT NANO UTICA, ONONDAGA COUNTY REVITALIZATION PROJECTS, and 18 other state costs associated with such projects. The aggregate principal 19 amount of bonds authorized to be issued pursuant to this section shall 20 not exceed [one] TWO billion [three] ONE HUNDRED NINETY-FIVE million 21 [six] TWO hundred [seven] FIFTY-SEVEN thousand dollars, excluding bonds 22 issued to fund one or more debt service reserve funds, to pay costs of 23 issuance of such bonds, and bonds or notes issued to refund or otherwise 24 repay such bonds or notes previously issued. Such bonds and notes of the 25 dormitory authority and the corporation shall not be a debt of the 26 state, and the state shall not be liable thereon, nor shall they be 27 payable out of any funds other than those appropriated by the state to 28 the dormitory authority and the corporation for principal, interest, and 29 related expenses pursuant to a service contract and such bonds and notes 30 shall contain on the face thereof a statement to such effect. Except for 31 purposes of complying with the internal revenue code, any interest 32 income earned on bond proceeds shall only be used to pay debt service on 33 such bonds. 34 2. Notwithstanding any other provision of law to the contrary, in 35 order to assist the dormitory authority and the corporation in undertak- 36 ing the financing for project costs for the regional economic develop- 37 ment council initiative, the economic transformation program, state 38 university of New York college for nanoscale and science engineering, 39 projects within the city of Buffalo or surrounding environs, the New 40 York works economic development fund, projects for the retention of 41 professional football in western New York, the empire state economic 42 development fund, THE CLARKSON-TRUDEAU PARTNERSHIP, THE NEW YORK GENOME 43 CENTER, THE CORNELL UNIVERSITY COLLEGE OF VETERINARY MEDICINE, THE OLYM- 44 PIC REGIONAL DEVELOPMENT AUTHORITY, A PROJECT AT NANO UTICA, ONONDAGA 45 COUNTY REVITALIZATION PROJECTS, and other state costs associated with 46 such projects, the director of the budget is hereby authorized to enter 47 into one or more service contracts with the dormitory authority and the 48 corporation, none of which shall exceed thirty years in duration, upon 49 such terms and conditions as the director of the budget and the dormito- 50 ry authority and the corporation agree, so as to annually provide to the 51 dormitory authority and the corporation, in the aggregate, a sum not to 52 exceed the principal, interest, and related expenses required for such 53 bonds and notes. Any service contract entered into pursuant to this 54 section shall provide that the obligation of the state to pay the amount 55 therein provided shall not constitute a debt of the state within the 56 meaning of any constitutional or statutory provision and shall be deemed S. 6355--A 73 A. 8555--A 1 executory only to the extent of monies available and that no liability 2 shall be incurred by the state beyond the monies available for such 3 purpose, subject to annual appropriation by the legislature. Any such 4 contract or any payments made or to be made thereunder may be assigned 5 and pledged by the dormitory authority and the corporation as security 6 for its bonds and notes, as authorized by this section. 7 S 35. Subdivision 3 of section 1285-p of the public authorities law, 8 as amended by section 55 of part HH of chapter 57 of the laws of 2013, 9 is amended to read as follows: 10 3. The maximum amount of bonds that may be issued for the purpose of 11 financing environmental infrastructure projects authorized by this 12 section shall be one billion [two] THREE hundred [sixty-five] 13 NINETY-EIGHT million [seven] TWO hundred sixty thousand dollars, exclu- 14 sive of bonds issued to fund any debt service reserve funds, pay costs 15 of issuance of such bonds, and bonds or notes issued to refund or other- 16 wise repay bonds or notes previously issued. Such bonds and notes of the 17 corporation shall not be a debt of the state, and the state shall not be 18 liable thereon, nor shall they be payable out of any funds other than 19 those appropriated by the state to the corporation for debt service and 20 related expenses pursuant to any service contracts executed pursuant to 21 subdivision one of this section, and such bonds and notes shall contain 22 on the face thereof a statement to such effect. 23 S 36. Section 93-a of the state finance law, as added by section 64 of 24 part HH of chapter 57 of the laws of 2013, is amended to read as 25 follows: 26 S 93-a. New York state storm recovery capital fund. 1. (a) There is 27 hereby established in the joint custody of the comptroller and the 28 commissioner of taxation and finance a special fund to be known as the 29 "New York state storm recovery capital fund". 30 (b) The sources of funds shall consist of all moneys collected there- 31 for, or moneys credited, appropriated or transferred thereto from any 32 other fund or source pursuant to law, or any other moneys made available 33 for the purposes of the fund. [Any interest received by the comptroller 34 on moneys on deposit shall be retained in and become a part of the fund, 35 unless otherwise directed by law.] 36 2. Following appropriation by the legislature, moneys in the storm 37 recovery capital fund shall be available [to finance] FOR the repair, 38 rehabilitation, or replacement of capital works or purposes damaged by 39 Hurricane Sandy or any future natural disaster expected to be eligible 40 for reimbursement by the Federal Emergency Management Agency (FEMA), the 41 Federal Transit Administration (FTA), the Federal Highway Administration 42 (FHWA) [and] AND/OR any other Federal reimbursement source. No money in 43 this account may be expended for any project [until] UNLESS the director 44 of the budget OR HIS OR HER DESIGNEE has determined that there is a 45 substantial likelihood that the costs of such project shall be [reim- 46 bursed] ELIGIBLE FOR REIMBURSEMENT by Federal sources. [The director 47 shall issue formal rules that set forth the process by which he or she 48 will determine whether there is a substantial likelihood of reimburse- 49 ment by Federal sources.] 50 S 37. Subdivision 1 of section 45 of section 1 of chapter 174 of the 51 laws of 1968, constituting the New York state urban development corpo- 52 ration act, as amended by section 65 of part HH of chapter 57 of the 53 laws of 2013, is amended to read as follows: 54 1. Notwithstanding the provisions of any other law to the contrary, 55 the urban development corporation of the state of New York is hereby 56 authorized to issue bonds or notes in one or more series for the purpose S. 6355--A 74 A. 8555--A 1 of funding project costs for the implementation of a NY-SUNY and NY-CUNY 2 2020 challenge grant program subject to the approval of a NY-SUNY and 3 NY-CUNY 2020 plan or plans by the governor and either the chancellor of 4 the state university of New York or the chancellor of the city universi- 5 ty of New York, as applicable. The aggregate principal amount of bonds 6 authorized to be issued pursuant to this section shall not exceed 7 [$220,000,000] $330,000,000, excluding bonds issued to fund one or more 8 debt service reserve funds, to pay costs of issuance of such bonds, and 9 bonds or notes issued to refund or otherwise repay such bonds or notes 10 previously issued. Such bonds and notes of the corporation shall not be 11 a debt of the state, and the state shall not be liable thereon, nor 12 shall they be payable out of any funds other than those appropriated by 13 the state to the corporation for principal, interest, and related 14 expenses pursuant to a service contract and such bonds and notes shall 15 contain on the face thereof a statement to such effect. Except for 16 purposes of complying with the internal revenue code, any interest 17 income earned on bond proceeds shall only be used to pay debt service on 18 such bonds. 19 S 38. Subdivision (a) of section 48 of part K of chapter 81 of the 20 laws of 2002, providing for the administration of certain funds and 21 accounts related to the 2002-2003 budget, as amended by section 68 of 22 part HH of chapter 57 of the laws of 2013, is amended to read as 23 follows: 24 (a) Subject to the provisions of chapter 59 of the laws of 2000 but 25 notwithstanding the provisions of section 18 of the urban development 26 corporation act, the corporation is hereby authorized to issue bonds or 27 notes in one or more series in an aggregate principal amount not to 28 exceed [$67,000,000] $204,000,000 excluding bonds issued to fund one or 29 more debt service reserve funds, to pay costs of issuance of such bonds, 30 and bonds or notes issued to refund or otherwise repay such bonds or 31 notes previously issued, for the purpose of financing capital costs 32 related to homeland security and training facilities for the division of 33 state police, the division of military and naval affairs, and any other 34 state agency, including the reimbursement of any disbursements made from 35 the state capital projects fund, and is hereby authorized to issue bonds 36 or notes in one or more series in an aggregate principal amount not to 37 exceed [$220,800,000] $317,800,000, excluding bonds issued to fund one 38 or more debt service reserve funds, to pay costs of issuance of such 39 bonds, and bonds or notes issued to refund or otherwise repay such bonds 40 or notes previously issued, for the purpose of financing improvements to 41 State office buildings and other facilities located statewide, including 42 the reimbursement of any disbursements made from the state capital 43 projects fund. Such bonds and notes of the corporation shall not be a 44 debt of the state, and the state shall not be liable thereon, nor shall 45 they be payable out of any funds other than those appropriated by the 46 state to the corporation for debt service and related expenses pursuant 47 to any service contracts executed pursuant to subdivision (b) of this 48 section, and such bonds and notes shall contain on the face thereof a 49 statement to such effect. 50 S 39. Subdivision 1 of section 386-b of the public authorities law, as 51 amended by section 69 of part HH of chapter 57 of the laws of 2013, is 52 amended to read as follows: 53 1. Notwithstanding any other provision of law to the contrary, the 54 authority, the dormitory authority and the urban development corporation 55 are hereby authorized to issue bonds or notes in one or more series for 56 the purpose of financing peace bridge projects and capital costs of S. 6355--A 75 A. 8555--A 1 state and local highways, parkways, bridges, the New York state thruway, 2 Indian reservation roads, and facilities, and transportation infrastruc- 3 ture projects including aviation projects, non-MTA mass transit 4 projects, and rail service preservation projects, including work appur- 5 tenant and ancillary thereto. The aggregate principal amount of bonds 6 authorized to be issued pursuant to this section shall not exceed [two] 7 FOUR hundred [forty] SIXTY-FIVE million dollars [($240,000,000)] 8 ($465,000,000), excluding bonds issued to fund one or more debt service 9 reserve funds, to pay costs of issuance of such bonds, and to refund or 10 otherwise repay such bonds or notes previously issued. Such bonds and 11 notes of the authority, the dormitory authority and the urban develop- 12 ment corporation shall not be a debt of the state, and the state shall 13 not be liable thereon, nor shall they be payable out of any funds other 14 than those appropriated by the state to the authority, the dormitory 15 authority and the urban development corporation for principal, interest, 16 and related expenses pursuant to a service contract and such bonds and 17 notes shall contain on the face thereof a statement to such effect. 18 Except for purposes of complying with the internal revenue code, any 19 interest income earned on bond proceeds shall only be used to pay debt 20 service on such bonds. 21 S 40. Paragraph (c) of subdivision 19 of section 1680 of the public 22 authorities law, as amended by section 69-a of part HH of chapter 57 of 23 the laws of 2013, is amended to read as follows: 24 (c) Subject to the provisions of chapter fifty-nine of the laws of two 25 thousand, the dormitory authority shall not issue any bonds for state 26 university educational facilities purposes if the principal amount of 27 bonds to be issued when added to the aggregate principal amount of bonds 28 issued by the dormitory authority on and after July first, nineteen 29 hundred eighty-eight for state university educational facilities will 30 exceed ten billion [four] NINE hundred [twenty-two] THIRTY-TWO million 31 dollars; provided, however, that bonds issued or to be issued shall be 32 excluded from such limitation if: (1) such bonds are issued to refund 33 state university construction bonds and state university construction 34 notes previously issued by the housing finance agency; or (2) such bonds 35 are issued to refund bonds of the authority or other obligations issued 36 for state university educational facilities purposes and the present 37 value of the aggregate debt service on the refunding bonds does not 38 exceed the present value of the aggregate debt service on the bonds 39 refunded thereby; provided, further that upon certification by the 40 director of the budget that the issuance of refunding bonds or other 41 obligations issued between April first, nineteen hundred ninety-two and 42 March thirty-first, nineteen hundred ninety-three will generate long 43 term economic benefits to the state, as assessed on a present value 44 basis, such issuance will be deemed to have met the present value test 45 noted above. For purposes of this subdivision, the present value of the 46 aggregate debt service of the refunding bonds and the aggregate debt 47 service of the bonds refunded, shall be calculated by utilizing the true 48 interest cost of the refunding bonds, which shall be that rate arrived 49 at by doubling the semi-annual interest rate (compounded semi-annually) 50 necessary to discount the debt service payments on the refunding bonds 51 from the payment dates thereof to the date of issue of the refunding 52 bonds to the purchase price of the refunding bonds, including interest 53 accrued thereon prior to the issuance thereof. The maturity of such 54 bonds, other than bonds issued to refund outstanding bonds, shall not 55 exceed the weighted average economic life, as certified by the state 56 university construction fund, of the facilities in connection with which S. 6355--A 76 A. 8555--A 1 the bonds are issued, and in any case not later than the earlier of 2 thirty years or the expiration of the term of any lease, sublease or 3 other agreement relating thereto; provided that no note, including 4 renewals thereof, shall mature later than five years after the date of 5 issuance of such note. The legislature reserves the right to amend or 6 repeal such limit, and the state of New York, the dormitory authority, 7 the state university of New York, and the state university construction 8 fund are prohibited from covenanting or making any other agreements with 9 or for the benefit of bondholders which might in any way affect such 10 right. 11 S 41. Paragraph (c) of subdivision 14 of section 1680 of the public 12 authorities law, as amended by section 67 of part HH of chapter 57 of 13 the laws of 2013, is amended to read as follows: 14 (c) Subject to the provisions of chapter fifty-nine of the laws of two 15 thousand, (i) the dormitory authority shall not deliver a series of 16 bonds for city university community college facilities, except to refund 17 or to be substituted for or in lieu of other bonds in relation to city 18 university community college facilities pursuant to a resolution of the 19 dormitory authority adopted before July first, nineteen hundred eighty- 20 five or any resolution supplemental thereto, if the principal amount of 21 bonds so to be issued when added to all principal amounts of bonds 22 previously issued by the dormitory authority for city university commu- 23 nity college facilities, except to refund or to be substituted in lieu 24 of other bonds in relation to city university community college facili- 25 ties will exceed the sum of four hundred twenty-five million dollars and 26 (ii) the dormitory authority shall not deliver a series of bonds issued 27 for city university facilities, including community college facilities, 28 pursuant to a resolution of the dormitory authority adopted on or after 29 July first, nineteen hundred eighty-five, except to refund or to be 30 substituted for or in lieu of other bonds in relation to city university 31 facilities and except for bonds issued pursuant to a resolution supple- 32 mental to a resolution of the dormitory authority adopted prior to July 33 first, nineteen hundred eighty-five, if the principal amount of bonds so 34 to be issued when added to the principal amount of bonds previously 35 issued pursuant to any such resolution, except bonds issued to refund or 36 to be substituted for or in lieu of other bonds in relation to city 37 university facilities, will exceed [six] SEVEN billion [eight] ONE 38 hundred [fifty-three] TWENTY-SIX million [two] EIGHT hundred 39 TWENTY-EIGHT thousand dollars. The legislature reserves the right to 40 amend or repeal such limit, and the state of New York, the dormitory 41 authority, the city university, and the fund are prohibited from coven- 42 anting or making any other agreements with or for the benefit of bond- 43 holders which might in any way affect such right. 44 S 42. Subdivision 10-a of section 1680 of the public authorities law, 45 as amended by section 66 of part HH of chapter 57 of the laws of 2013, 46 is amended to read as follows: 47 10-a. Subject to the provisions of chapter fifty-nine of the laws of 48 two thousand, but notwithstanding any other provision of the law to the 49 contrary, the maximum amount of bonds and notes to be issued after March 50 thirty-first, two thousand two, on behalf of the state, in relation to 51 any locally sponsored community college, shall be six hundred [sixty- 52 three] NINETY-FIVE million ONE HUNDRED TWENTY-NINE THOUSAND dollars. 53 Such amount shall be exclusive of bonds and notes issued to fund any 54 reserve fund or funds, costs of issuance and to refund any outstanding 55 bonds and notes, issued on behalf of the state, relating to a locally 56 sponsored community college. S. 6355--A 77 A. 8555--A 1 S 43. The public authorities law is amended by adding a new section 2 1680-r to read as follows: 3 S 1680-R. AUTHORIZATION FOR THE ISSUANCE OF BONDS FOR THE CAPITAL 4 RESTRUCTURING FINANCING PROGRAM. 1. NOTWITHSTANDING THE PROVISIONS OF 5 ANY OTHER LAW TO THE CONTRARY, THE DORMITORY AUTHORITY AND THE URBAN 6 DEVELOPMENT CORPORATION ARE HEREBY AUTHORIZED TO ISSUE BONDS OR NOTES IN 7 ONE OR MORE SERIES FOR THE PURPOSE OF FUNDING PROJECT COSTS FOR THE 8 CAPITAL RESTRUCTURING FINANCING PROGRAM FOR HEALTH CARE AND RELATED 9 FACILITIES LICENSED PURSUANT TO THE PUBLIC HEALTH LAW OR THE MENTAL 10 HYGIENE LAW AND OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS. 11 THE AGGREGATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO BE ISSUED PURSUANT 12 TO THIS SECTION SHALL NOT EXCEED ONE BILLION TWO HUNDRED MILLION 13 DOLLARS, EXCLUDING BONDS ISSUED TO FUND ONE OR MORE DEBT SERVICE RESERVE 14 FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH BONDS, AND BONDS OR NOTES ISSUED 15 TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED. SUCH 16 BONDS AND NOTES OF THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT 17 CORPORATION SHALL NOT BE A DEBT OF THE STATE, AND THE STATE SHALL NOT BE 18 LIABLE THEREON, NOR SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN 19 THOSE APPROPRIATED BY THE STATE TO THE DORMITORY AUTHORITY AND THE URBAN 20 DEVELOPMENT CORPORATION FOR PRINCIPAL, INTEREST, AND RELATED EXPENSES 21 PURSUANT TO A SERVICE CONTRACT AND SUCH BONDS AND NOTES SHALL CONTAIN ON 22 THE FACE THEREOF A STATEMENT TO SUCH EFFECT. EXCEPT FOR PURPOSES OF 23 COMPLYING WITH THE INTERNAL REVENUE CODE, ANY INTEREST INCOME EARNED ON 24 BOND PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS. 25 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN 26 ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO- 27 RATION IN UNDERTAKING THE FINANCING FOR PROJECT COSTS FOR THE CAPITAL 28 RESTRUCTURING FINANCING PROGRAM FOR HEALTH CARE AND RELATED FACILITIES 29 LICENSED PURSUANT TO THE PUBLIC HEALTH LAW OR THE MENTAL HYGIENE LAW AND 30 OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS, THE DIRECTOR OF 31 THE BUDGET IS HEREBY AUTHORIZED TO ENTER INTO ONE OR MORE SERVICE 32 CONTRACTS WITH THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO- 33 RATION, NONE OF WHICH SHALL EXCEED THIRTY YEARS IN DURATION, UPON SUCH 34 TERMS AND CONDITIONS AS THE DIRECTOR OF THE BUDGET AND THE DORMITORY 35 AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION AGREE, SO AS TO ANNUALLY 36 PROVIDE TO THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO- 37 RATION, IN THE AGGREGATE, A SUM NOT TO EXCEED THE PRINCIPAL, INTEREST, 38 AND RELATED EXPENSES REQUIRED FOR SUCH BONDS AND NOTES. ANY SERVICE 39 CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL PROVIDE THAT THE 40 OBLIGATION OF THE STATE TO PAY THE AMOUNT THEREIN PROVIDED SHALL NOT 41 CONSTITUTE A DEBT OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL 42 OR STATUTORY PROVISION AND SHALL BE DEEMED EXECUTORY ONLY TO THE EXTENT 43 OF MONIES AVAILABLE AND THAT NO LIABILITY SHALL BE INCURRED BY THE STATE 44 BEYOND THE MONIES AVAILABLE FOR SUCH PURPOSE, SUBJECT TO ANNUAL APPRO- 45 PRIATION BY THE LEGISLATURE. ANY SUCH CONTRACT OR ANY PAYMENTS MADE OR 46 TO BE MADE THEREUNDER MAY BE ASSIGNED AND PLEDGED BY THE DORMITORY 47 AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION AS SECURITY FOR ITS 48 BONDS AND NOTES, AS AUTHORIZED BY THIS SECTION. 49 S 44. Subdivision 1 of section 17 of part D of chapter 389 of the laws 50 of 1997, providing for the financing of the correctional facilities 51 improvement fund and the youth facility improvement fund, as amended by 52 section 43 of part BB of chapter 58 of the laws of 2011, is amended to 53 read as follows: 54 1. Subject to the provisions of chapter 59 of the laws of 2000, but 55 notwithstanding the provisions of section 18 of section 1 of chapter 174 56 of the laws of 1968, the New York state urban development corporation is S. 6355--A 78 A. 8555--A 1 hereby authorized to issue bonds, notes and other obligations in an 2 aggregate principal amount not to exceed four hundred [twenty-nine] 3 SIXTY-FIVE million [five] THREE hundred [fifteen] SIXTY-FIVE thousand 4 dollars [($429,515,000)] ($465,365,000), which authorization increases 5 the aggregate principal amount of bonds, notes and other obligations 6 authorized by section 40 of chapter 309 of the laws of 1996, and shall 7 include all bonds, notes and other obligations issued pursuant to chap- 8 ter 211 of the laws of 1990, as amended or supplemented. The proceeds of 9 such bonds, notes or other obligations shall be paid to the state, for 10 deposit in the youth facilities improvement fund, to pay for all or any 11 portion of the amount or amounts paid by the state from appropriations 12 or reappropriations made to the office of children and family services 13 from the youth facilities improvement fund for capital projects. The 14 aggregate amount of bonds, notes and other obligations authorized to be 15 issued pursuant to this section shall exclude bonds, notes or other 16 obligations issued to refund or otherwise repay bonds, notes or other 17 obligations theretofore issued, the proceeds of which were paid to the 18 state for all or a portion of the amounts expended by the state from 19 appropriations or reappropriations made to the office of children and 20 family services; provided, however, that upon any such refunding or 21 repayment the total aggregate principal amount of outstanding bonds, 22 notes or other obligations may be greater than four hundred [twenty- 23 nine] SIXTY-FIVE million [five] THREE hundred [fifteen] SIXTY-FIVE thou- 24 sand dollars [$429,515,000] ($465,365,000), only if the present value of 25 the aggregate debt service of the refunding or repayment bonds, notes or 26 other obligations to be issued shall not exceed the present value of the 27 aggregate debt service of the bonds, notes or other obligations so to be 28 refunded or repaid. For the purposes hereof, the present value of the 29 aggregate debt service of the refunding or repayment bonds, notes or 30 other obligations and of the aggregate debt service of the bonds, notes 31 or other obligations so refunded or repaid, shall be calculated by 32 utilizing the effective interest rate of the refunding or repayment 33 bonds, notes or other obligations, which shall be that rate arrived at 34 by doubling the semi-annual interest rate (compounded semi-annually) 35 necessary to discount the debt service payments on the refunding or 36 repayment bonds, notes or other obligations from the payment dates ther- 37 eof to the date of issue of the refunding or repayment bonds, notes or 38 other obligations and to the price bid including estimated accrued 39 interest or proceeds received by the corporation including estimated 40 accrued interest from the sale thereof. 41 S 45. Subdivision 3 of section 1285-q of the public authorities law, 42 as added by section 6 of part I of chapter 1 of the laws of 2003, is 43 amended to read follows: 44 3. The maximum amount of bonds that may be issued for the purpose of 45 financing hazardous waste site remediation projects AND ENVIRONMENTAL 46 RESTORATION PROJECTS authorized by this section shall not exceed one 47 billion [two] THREE hundred million dollars and shall not exceed one 48 hundred twenty million dollars for appropriations enacted for any state 49 fiscal year, provided that the bonds not issued for such appropriations 50 may be issued pursuant to reappropriation in subsequent fiscal years. 51 [No bonds shall be issued for the repayment of any new appropriation 52 enacted after March thirty-first, two thousand thirteen for hazardous 53 waste site remediation projects authorized by this section.] Amounts 54 authorized to be issued by this section shall be exclusive of bonds 55 issued to fund any debt service reserve funds, pay costs of issuance of 56 such bonds, and bonds or notes issued to refund or otherwise repay bonds S. 6355--A 79 A. 8555--A 1 or notes previously issued. Such bonds and notes of the corporation 2 shall not be a debt of the state, and the state shall not be liable 3 thereon, nor shall they be payable out of any funds other than those 4 appropriated by this state to the corporation for debt service and 5 related expenses pursuant to any service contracts executed pursuant to 6 subdivision one of this section, and such bonds and notes shall contain 7 on the face thereof a statement to such effect. 8 S 46. Paragraph b of subdivision 2 of section 9-a of section 1 of 9 chapter 392 of the laws of 1973, constituting the New York state medical 10 care facilities finance agency act, as amended by section 49-c of part 11 PP of chapter 56 of the laws of 2009, is amended to read as follows: 12 b. The agency shall have power and is hereby authorized from time to 13 time to issue negotiable bonds and notes in conformity with applicable 14 provisions of the uniform commercial code in such principal amount as, 15 in the opinion of the agency, shall be necessary, after taking into 16 account other moneys which may be available for the purpose, to provide 17 sufficient funds to the facilities development corporation, or any 18 successor agency, for the financing or refinancing of or for the design, 19 construction, acquisition, reconstruction, rehabilitation or improvement 20 of mental health services facilities pursuant to paragraph a of this 21 subdivision, the payment of interest on mental health services improve- 22 ment bonds and mental health services improvement notes issued for such 23 purposes, the establishment of reserves to secure such bonds and notes, 24 the cost or premium of bond insurance or the costs of any financial 25 mechanisms which may be used to reduce the debt service that would be 26 payable by the agency on its mental health services facilities improve- 27 ment bonds and notes and all other expenditures of the agency incident 28 to and necessary or convenient to providing the facilities development 29 corporation, or any successor agency, with funds for the financing or 30 refinancing of or for any such design, construction, acquisition, recon- 31 struction, rehabilitation or improvement and for the refunding of mental 32 hygiene improvement bonds issued pursuant to section 47-b of the private 33 housing finance law; provided, however, that the agency shall not issue 34 mental health services facilities improvement bonds and mental health 35 services facilities improvement notes in an aggregate principal amount 36 exceeding seven billion [three] FOUR hundred [sixty-six] THIRTY-FIVE 37 million [six] EIGHT hundred FIFTEEN thousand dollars, excluding mental 38 health services facilities improvement bonds and mental health services 39 facilities improvement notes issued to refund outstanding mental health 40 services facilities improvement bonds and mental health services facili- 41 ties improvement notes; provided, however, that upon any such refunding 42 or repayment of mental health services facilities improvement bonds 43 and/or mental health services facilities improvement notes the total 44 aggregate principal amount of outstanding mental health services facili- 45 ties improvement bonds and mental health facilities improvement notes 46 may be greater than seven billion [three] FOUR hundred [sixty-six] THIR- 47 TY-FIVE million [six] EIGHT hundred FIFTEEN thousand dollars only if, 48 except as hereinafter provided with respect to mental health services 49 facilities bonds and mental health services facilities notes issued to 50 refund mental hygiene improvement bonds authorized to be issued pursuant 51 to the provisions of section 47-b of the private housing finance law, 52 the present value of the aggregate debt service of the refunding or 53 repayment bonds to be issued shall not exceed the present value of the 54 aggregate debt service of the bonds to be refunded or repaid. For 55 purposes hereof, the present values of the aggregate debt service of the 56 refunding or repayment bonds, notes or other obligations and of the S. 6355--A 80 A. 8555--A 1 aggregate debt service of the bonds, notes or other obligations so 2 refunded or repaid, shall be calculated by utilizing the effective 3 interest rate of the refunding or repayment bonds, notes or other obli- 4 gations, which shall be that rate arrived at by doubling the semi-annual 5 interest rate (compounded semi-annually) necessary to discount the debt 6 service payments on the refunding or repayment bonds, notes or other 7 obligations from the payment dates thereof to the date of issue of the 8 refunding or repayment bonds, notes or other obligations and to the 9 price bid including estimated accrued interest or proceeds received by 10 the authority including estimated accrued interest from the sale there- 11 of. Such bonds, other than bonds issued to refund outstanding bonds, 12 shall be scheduled to mature over a term not to exceed the average 13 useful life, as certified by the facilities development corporation, of 14 the projects for which the bonds are issued, and in any case shall not 15 exceed thirty years and the maximum maturity of notes or any renewals 16 thereof shall not exceed five years from the date of the original issue 17 of such notes. Notwithstanding the provisions of this section, the agen- 18 cy shall have the power and is hereby authorized to issue mental health 19 services facilities improvement bonds and/or mental health services 20 facilities improvement notes to refund outstanding mental hygiene 21 improvement bonds authorized to be issued pursuant to the provisions of 22 section 47-b of the private housing finance law and the amount of bonds 23 issued or outstanding for such purposes shall not be included for 24 purposes of determining the amount of bonds issued pursuant to this 25 section. The director of the budget shall allocate the aggregate princi- 26 pal authorized to be issued by the agency among the office of mental 27 health, office [of mental retardation and] FOR PEOPLE WITH developmental 28 disabilities, and the office of alcoholism and substance abuse services, 29 in consultation with their respective commissioners to finance bondable 30 appropriations previously approved by the legislature. 31 S 47. This act shall take effect immediately and shall be deemed to 32 have been in full force and effect on and after April 1, 2014; provided 33 that sections one through nine, and sections thirteen through nineteen 34 of this act shall expire March 31, 2015, when upon such date, the 35 provisions of such sections shall be deemed repealed. 36 S 2. Severability clause. If any clause, sentence, paragraph, subdivi- 37 sion, section or part of this act shall be adjudged by any court of 38 competent jurisdiction to be invalid, such judgment shall not affect, 39 impair, or invalidate the remainder thereof, but shall be confined in 40 its operation to the clause, sentence, paragraph, subdivision, section 41 or part thereof directly involved in the controversy in which such judg- 42 ment shall have been rendered. It is hereby declared to be the intent of 43 the legislature that this act would have been enacted even if such 44 invalid provisions had not been included herein. 45 S 3. This act shall take effect immediately provided, however, that 46 the applicable effective date of Parts A through I of this act shall be 47 as specifically set forth in the last section of such Parts.