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S00113 Summary:

BILL NOS00113
 
SAME ASNo Same As
 
SPONSORKRUEGER
 
COSPNSRLIU
 
MLTSPNSR
 
Amd §14-102, El L; amd §74, Pub Off L; amd §80, Leg L
 
Relates to statements of campaign receipts, contributions, transfers and expenditures.
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S00113 Actions:

BILL NOS00113
 
01/04/2023REFERRED TO ELECTIONS
01/03/2024REFERRED TO ELECTIONS
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S00113 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           113
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 4, 2023
                                       ___________
 
        Introduced  by Sens. KRUEGER, LIU -- read twice and ordered printed, and
          when printed to be committed to the Committee on Elections
 
        AN ACT to amend the election law, the public officers law and the legis-
          lative law, in relation to statements of campaign  receipts,  contrib-
          utions, transfers and expenditures
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 14-102 of  the  election  law,  as
     2  amended  by chapter 8 and redesignated by chapter 9 of the laws of 1978,
     3  is amended to read as follows:
     4    1. The treasurer of every political committee which, or  any  officer,
     5  member  or  agent  of  any  such  committee  who, in connection with any
     6  election, receives or expends any  money  or  other  valuable  thing  or
     7  incurs  any  liability  to pay money or its equivalent shall file state-
     8  ments sworn, or subscribed and bearing a form notice that  false  state-
     9  ments  made  therein are punishable as a class A misdemeanor pursuant to
    10  section 210.45 of the penal law, at the times prescribed by this article
    11  setting forth all the receipts, contributions to and the expenditures by
    12  and liabilities of the committee,  and  of  its  officers,  members  and
    13  agents in its behalf. Such statements shall include the dollar amount of
    14  any  receipt,  contribution or transfer, or the fair market value of any
    15  receipt, contribution or transfer, which is other  than  of  money,  the
    16  name  and  address  of  the  transferor, contributor or person from whom
    17  received, if the contributor is a lobbyist registered pursuant to  arti-
    18  cle  one-A  of the legislative law and if the transferor, contributor or
    19  person is a political committee; the name  of  and  the  political  unit
    20  represented by the committee, the date of its receipt, the dollar amount
    21  of  every expenditure, the name and address of the person to whom it was
    22  made or the name of and the political unit represented by the  committee
    23  to  which  it was made and the date thereof, and shall state clearly the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01080-01-3

        S. 113                              2
 
     1  purpose of such expenditure. Any statement reporting a loan  shall  have
     2  attached  to  it a copy of the evidence of indebtedness. Expenditures in
     3  sums under fifty dollars need not be specifically accounted for by sepa-
     4  rate  items in said statements, and receipts and contributions aggregat-
     5  ing not more than ninety-nine dollars, from any one contributor need not
     6  be specifically accounted for by  separate  items  in  said  statements,
     7  provided  however,  that  such  expenditures, receipts and contributions
     8  shall be subject to the other provisions of section 14-118 of this arti-
     9  cle.
    10    § 2. Subdivision 3 of section 74 of the public officers law is amended
    11  by adding a new paragraph j to read as follows:
    12    j. No legislative employee should solicit, accept, receive, distribute
    13  or be the custodian of any money in connection with any campaign for the
    14  nomination for election, or the election, of any other individual to the
    15  legislature or statewide office.  The  provisions  of  this  subdivision
    16  shall  not  apply  to  the  legislative employee expressly designated in
    17  writing by the appointing authority of such legislative employee and  on
    18  file  with  the  state  board  of  elections  and the legislative ethics
    19  commission to solicit, accept, receive, distribute or be  the  custodian
    20  of  such  campaign funds.   Notwithstanding the provisions of this para-
    21  graph, a legislative employee may assist in the  planning  of  political
    22  fundraising  events  related to an election to the legislature or state-
    23  wide office, so long as such planning assistance does not include  host-
    24  ing any such fundraising event or other involvement in the actual solic-
    25  itation or acceptance of campaign funds.
    26    § 3. Subdivision 3 of section 74 of the public officers law is amended
    27  by adding a new paragraph k to read as follows:
    28    k.  No  member of the legislature shall directly or indirectly use his
    29  or her authority or official influence to compel or induce any  legisla-
    30  tive  employee  not  already  designated  in  writing  by such member in
    31  accordance with provisions  of  this  subdivision  to  solicit,  accept,
    32  receive,  distribute or be the custodian of any money in connection with
    33  any campaign for the nomination for election, or the  election,  of  any
    34  individual to the legislature or statewide office.
    35    §  4.  The  closing  paragraph  of subdivision 10 of section 80 of the
    36  legislative law, as amended by section 4 of part QQ of chapter 56 of the
    37  laws of 2022, is amended to read as follows:
    38    The  commission's  disposition  shall  be  reported  in  writing   and
    39  published  on  its website no later than ten days after such disposition
    40  unless requested by a law enforcement agency to suspend the commission's
    41  action because of an ongoing criminal investigation. The disposition  of
    42  any   violation  of paragraph j of subdivision three of section seventy-
    43  four of the public officers law shall also be reported, within ten  days
    44  of  such  disposition,  to  the  appointing authority for the individual
    45  subject to the jurisdiction of the commission.
    46    § 5.  The opening paragraph of subdivision 4  of  section  74  of  the
    47  public  officers  law is designated paragraph a and a new paragraph b is
    48  added to read as follows:
    49    b. Notwithstanding the provisions of paragraph a of this  subdivision,
    50  no  legislative  employee  shall  be  fined  or  suspended  for  a first
    51  violation of the provisions of paragraph j of subdivision three of  this
    52  section.
    53    § 6. Subdivision 3 of section 74 of the public officers law is amended
    54  by adding a new paragraph l to read as follows:
    55    l.  No member of the legislature or legislative employee should accept
    56  any contribution reportable under article fourteen of the election  law,

        S. 113                              3
 
     1  including  contributions  made  in  violation  of  that  article  of the
     2  election law, if it is reasonable to believe that such  contribution  is
     3  being  made  or given in lieu of compensation, reward, employment, gift,
     4  honorarium,  travel reimbursement, subsistence expense or other thing of
     5  value from any source, for any service, advice, assistance,  appearance,
     6  speech  or  other  matter related to the exercise of his or her official
     7  duties.
     8    § 7. This act shall take effect on the sixtieth  day  after  it  shall
     9  have  become a law; provided, however, that the state board of elections
    10  shall notify  all  registered  campaign  committees  of  the  applicable
    11  provisions  of  this  act  within  thirty days after this act shall have
    12  become a law.
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