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A11043 Summary:

BILL NOA11043
 
SAME ASSAME AS S02135
 
SPONSORRajkumar
 
COSPNSR
 
MLTSPNSR
 
Amd §§1-c, 1-h & 1-j, Leg L; add §§14-134, 14-136 & 14-138, amd §§14-102 & 14-130, El L; amd §74, Pub Off L
 
Requires additional disclosures from lobbyists including: campaign contributions to elected officials; existing business relationships or associations with public officials; and the names of family members of a public official to whom the lobbyist, or their employer, paid compensation of over $500 in the preceding calendar year and the amount of compensation paid; provides for the disposition of campaign funds.
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A11043 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11043
 
                   IN ASSEMBLY
 
                                     April 23, 2026
                                       ___________
 
        Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
          tee on Governmental Operations
 
        AN ACT to amend the legislative law and the election law, in relation to
          disclosures  required for lobbyists; and to amend the election law and
          the public officers law, in relation to campaign  funds  for  personal
          use

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  This act shall be known and may be cited as the  "Lobbyist
     2  Disclosure Campaign Fund Act".
     3    §  2.  Section  1-c  of the legislative law is amended by adding a new
     4  subdivision (x) to read as follows:
     5    (x) The term "family member" shall mean any of the following,  includ-
     6  ing  parents,  stepparents,  spouse,  domestic  partners,  grandparents,
     7  siblings, and parent's siblings, whether of  the  whole  blood  or  half
     8  blood or by or through legal sanction.
     9    § 3.  Paragraph 5 of subdivision (b) of section 1-h of the legislative
    10  law is amended by adding two new subparagraphs (vi) and (vii) to read as
    11  follows:
    12    (vi)  the campaign contributions made, in any form, to any campaign or
    13  political committee in New York state by the client by whom or on  whose
    14  behalf  the  lobbyist is retained, employed or designated, by the lobby-
    15  ist, and by any employees of the lobbyist.
    16    (vii) the amount of compensation paid and  the  names  of  any  family
    17  members  of  a public official to whom a lobbyist and the client by whom
    18  or on whose behalf the lobbyist is retained, employed or designated  has
    19  paid  compensation  of  more  than five hundred dollars in the preceding
    20  calendar year for personal employment or professional services.
    21    § 4. Subdivision (b) of section 1-h of the legislative law is  amended
    22  by adding a new paragraph 6 to read as follows:
    23    (6) the name, address and telephone number of any public official with
    24  whom the lobbyist has any business relationship.
    25    §  5. Paragraph 5 of subdivision (b) of section 1-j of the legislative
    26  law is amended by adding two new subparagraphs (vi) and (vii) to read as
    27  follows:
    28     (vi) the campaign contributions made, in any form, to any campaign or
    29  political committee in New York state by the client by whom or on  whose
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05623-01-5

        A. 11043                            2
 
     1  behalf  the  lobbyist is retained, employed or designated, by the lobby-
     2  ist, and by any employees of the lobbyist.
     3    (vii)  the  amount  of  compensation  paid and the names of any family
     4  members of a public official to whom a lobbyist and the client  by  whom
     5  or  on whose behalf the lobbyist is retained, employed or designated has
     6  paid compensation of more than five hundred  dollars  in  the  preceding
     7  calendar year for personal employment or professional services.
     8    §  6. Subdivision (b) of section 1-j of the legislative law is amended
     9  by adding a new paragraph 7 to read as follows:
    10   (7) the name, address and telephone number of any public official  with
    11  whom the lobbyist has any business relationship.
    12    § 7. The election law is amended by adding two new sections 14-134 and
    13  14-136 to read as follows:
    14    § 14-134. Government contractor reporting and contribution limits.  1.
    15  Definitions. The following definitions shall apply to this section:
    16    a. "agent" means any person acting at the direction of or on behalf of
    17  an individual or business entity;
    18    b.  "business  entity"  means  a  business  corporation,  professional
    19  services corporation, limited liability  company,  partnership,  limited
    20  partnership,  business  trust, association or any other legal commercial
    21  entity organized under the laws of this state  or  any  other  state  or
    22  foreign  jurisdiction,  including  any subsidiary directly or indirectly
    23  controlled by the  business  entity,  and  any  political  organization,
    24  including  but not limited to any political organization organized under
    25  section 527 of the Internal Revenue Code, that is directly or indirectly
    26  controlled by the business entity;
    27    c. "immediate family" means any spouse or child of  an  individual  or
    28  any  financially  dependent  relatives  who  reside  in the individual's
    29  household;
    30    d. "housekeeping account" means  an  account  maintained  by  a  party
    31  committee  or  constituted committee from which expenditures are made to
    32  maintain a permanent headquarters and staff and carry on ordinary  party
    33  activities which are not for the express purpose of promoting the candi-
    34  dacy of specific candidates;
    35    e.  "candidate  for  state office" means a candidate for the following
    36  state offices: governor, lieutenant governor,  attorney  general,  comp-
    37  troller, senator, and member of the assembly; and
    38    f.  "personal  business  transaction"  means transactions for services
    39  offered by the elected official in the official's capacity as a  private
    40  citizen to any member of the public.
    41    2. The following persons and business entities who make a contribution
    42  to  a candidate for state office, a political committee working directly
    43  or indirectly to aid or participate in such  candidate's  nomination  or
    44  election, a political committee established or controlled by such candi-
    45  date,  or  a  state or local committee of a political party, including a
    46  housekeeping account, shall file  reports  as  required  by  subdivision
    47  three  of this section with the board of elections within seven calendar
    48  days after the date of a contribution made within thirty-six days of  an
    49  election,  or,  for contributions made at any other time, within thirty-
    50  six days of the date of the contribution or the date of  any  applicable
    51  contract, whichever occurs later:
    52    a. any person, organization, group of persons, or business entity that
    53  has  received, in a calendar year fifty thousand dollars or more through
    54  contracts from the state or any state-appointed entity with  contracting
    55  power;

        A. 11043                            3
 
     1    b. any person who owns more than ten percent of a business entity that
     2  is described in paragraph a of this subdivision;
     3    c.  any  person employed by an organization, group, or business entity
     4  described in paragraph a of this subdivision who holds a senior  manage-
     5  ment position as defined by the state ethics commission;
     6    d.  the  immediate family member of a person who is described in para-
     7  graph a, b or c of this subdivision; or
     8    e. any political committee established  or  controlled  by  a  person,
     9  organization, group of persons or business entity described in paragraph
    10  a, b, c and d of this subdivision.
    11    3. The board of elections shall prescribe forms and procedures for the
    12  reporting  required in subdivision two of this section which, at a mini-
    13  mum, shall require the electronic filing of the following information:
    14    a. the name, address, employer and the name of spouse  of  the  person
    15  making the contribution and the name of the spouse's employer;
    16    b.  the  name of the candidate, political committee, or state or local
    17  committee of  a  political  party,  including  a  housekeeping  account,
    18  receiving the contribution;
    19    c.  the  amount of the contract with the state or other entity defined
    20  in paragraph a of subdivision two of this section,  and  the  dates  and
    21  other information identifying each contract for services or goods; and
    22    d.  if an organization, group of persons, or business entity is making
    23  the contribution:
    24    (i) the names and business addresses of all persons who own more  than
    25  ten percent of the organization, group or entity; or
    26    (ii)  the  names and business addresses of all persons employed by the
    27  organization, group, or business entity who  hold  a  senior  management
    28  position as defined by the commission on governmental ethics.
    29    4.  The  board of elections shall maintain completed forms and reports
    30  described in subdivision two of this section for public inspection  both
    31  at  the  board  of  elections  office and through the board of elections
    32  electronic filing system for campaign finance disclosure (EFS).
    33    5. From twelve months after a bid or proposal to the  relevant  agency
    34  or  contracting authority for a contract described in subdivision two of
    35  this section and either twelve months after completion of the applicable
    36  contract, or upon completion of the applicable elected  official's  term
    37  in  office,  whichever  is  longer, it shall be unlawful for any person,
    38  organization, group of persons or business  entity  described  in  para-
    39  graphs a, b, c and d or e of subdivision two of this section to:
    40    a.  make  contributions to a candidate for state office, any political
    41  committee working directly or indirectly to aid or participate  in  such
    42  candidate's  nomination  or  election,  or any other political committee
    43  established or controlled by such candidate that  exceed  the  following
    44  amounts per election for the following offices:
    45    (i) governor: five hundred dollars;
    46    (ii) lieutenant governor: five hundred dollars;
    47    (iii) comptroller: five hundred dollars;
    48    (iv) attorney general: five hundred dollars;
    49    (v) senator: three hundred fifty dollars; or
    50    (vi) member of assembly: two hundred fifty dollars;
    51    b. make contributions to:
    52    (i)  political  committees  working  directly  or indirectly to aid or
    53  participate in the nomination or election of a candidate for the offices
    54  described in subparagraphs (i), (ii), (iii), (iv), (v) and (vi) of para-
    55  graph a of this subdivision, or other political  committees  established
    56  or  controlled by a candidate for the offices described in subparagraphs

        A. 11043                            4
 
     1  (i), (ii), (iii), (iv), (v) and (vi) of paragraph a of this  subdivision
     2  that in the aggregate exceed four thousand dollars per election; or
     3    (ii)  state  or  local  committees of a political party, or any house-
     4  keeping account, in an amount greater  than  one  thousand  dollars  per
     5  election,  and in an aggregate to all state or local committees of poli-
     6  tical parties in an aggregate that  exceeds  two  thousand  dollars  per
     7  election;
     8    c.  solicit a contribution on behalf of, or transmit a contribution on
     9  behalf of another to:
    10    (i) a candidate for any of the offices  for  which  contributions  are
    11  limited under paragraph a of this subdivision;
    12    (ii)  any political committee working directly or indirectly to aid or
    13  participate in the nomination or election of a candidate for office  for
    14  which  their  contributions  are limited in paragraph a of this subdivi-
    15  sion, or any other political committee established or  controlled  by  a
    16  candidate  for  the  offices  for  which their contributions are limited
    17  under paragraph a of this subdivision;
    18    (iii) a state or local committee of  a  political  party  including  a
    19  housekeeping account;
    20    d. participate in any fund-raising activities for:
    21    (i)  a  candidate  for  any of the offices for which contributions are
    22  limited under paragraph a of this subdivision;
    23    (ii) any political committee working directly or indirectly to aid  or
    24  participate  in the nomination or election of a candidate for office for
    25  which their contributions are limited in paragraph a  of  this  subdivi-
    26  sion,  or  any  other political committee established or controlled by a
    27  candidate for the offices for  which  their  contributions  are  limited
    28  under paragraph a of this subdivision;
    29    (iii)  a  state  or  local committee of a political party, including a
    30  housekeeping account;
    31    e. serve as chairperson, treasurer, or any other officer of:
    32    (i) any political committee working directly or indirectly to  aid  or
    33  participate  in the nomination or election of a candidate for office for
    34  which their contributions are limited under paragraph a of this subdivi-
    35  sion; or
    36    (ii) any other political committee  established  or  controlled  by  a
    37  candidate for which their contributions are limited under paragraph a of
    38  this subdivision;
    39    f.  conduct personal business transactions in an amount over two thou-
    40  sand dollars in any calendar year with a  public  official  holding  the
    41  offices  for  which their contributions are limited under paragraph a of
    42  this subdivision;
    43    g. deliver to any conduit or intermediary any  contribution  earmarked
    44  for a particular candidate for the offices for which their contributions
    45  are  limited  under  paragraph  a  of this subdivision, or any committee
    46  working directly or indirectly to aid or participate in such candidate's
    47  nomination or election, or any other political committee established  or
    48  controlled by such candidate; or
    49    h.  knowingly  take  any  step  to circumvent the restrictions in this
    50  subdivision.
    51    i. the provisions of this section shall not  apply  for  a  contractor
    52  making  a contribution, or any disclosure thereof required by this arti-
    53  cle, in any calendar  year  in  which  such  contractor  receives  funds
    54  disbursed  by  the  state  or  any instrumentality thereof pursuant to a
    55  federal statute, rule or regulation that would render the state or  such

        A. 11043                            5
 
     1  instrumentality or contractor ineligible to receive such funds by virtue
     2  of the operation of this section.
     3    This  subdivision shall not be applicable to contributions made by any
     4  person, organization, group of persons or business entity at a time when
     5  the person, organization, group of persons or business  entity  did  not
     6  meet  the descriptions of paragraphs a, b, c, d and e of subdivision two
     7  of this section.
     8    6. The state or any state department, public entity or authority  with
     9  contract-making  power  shall  not  enter into an agreement or otherwise
    10  contract to procure services or any material, supplies or equipment,  or
    11  to  acquire, sell, or lease any land or building from any person, organ-
    12  ization, group of persons or business entity described in paragraphs  a,
    13  b,  c  and  d of subdivision two of this section who has made a contrib-
    14  ution prohibited in subdivision five of this section.  This  subdivision
    15  shall  not  be applicable to contributions made by any person, organiza-
    16  tion, group of persons or business entity at a  time  when  the  person,
    17  organization,  group  of  persons  or  business  entity did not meet the
    18  descriptions of paragraph a, b, c, d or e of  subdivision  two  of  this
    19  section.  Nothing in this section shall impair the power of the state or
    20  any instrumentality thereof to enter into a contract with any contractor
    21  where  federal  funds  would  support the payment or performance of such
    22  contract and a federal statute, rule  or  regulation  would  render  the
    23  state  or  such instrumentality or contractor ineligible to receive such
    24  funds by virtue of the operation of this section.
    25    7. Every contract and bid application and  specifications  promulgated
    26  by  the  state  or any state department, public entity or authority with
    27  contract-making power shall contain a provision describing the  require-
    28  ments of section 14-116 of this title.
    29    8. Before entering into any agreement or any other contract to procure
    30  from  any  person,  organization,  group  of  persons or business entity
    31  services or any material, supplies or equipment, or to acquire, sell, or
    32  lease any land or building, the state or any  state  department,  public
    33  entity  or  authority  with  contract-making power shall receive a sworn
    34  statement from the contractor, made under penalty of perjury,  that  the
    35  bidder  or  offerer  has  not  made  a contribution in violation of this
    36  section.
    37    9. No candidate for state office shall accept  campaign  contributions
    38  from  a  person,  organization,  group  of  persons  or  business entity
    39  described in paragraph a, b, c, d  or  e  of  subdivision  two  of  this
    40  section  in an amount exceeding those permitted in paragraph a of subdi-
    41  vision five of this section for twelve months after  completion  of  the
    42  applicable contract, or the remainder of the candidate's term in office,
    43  whichever  is  longer.    This  subdivision  shall  not be applicable to
    44  contributions made by any person,  organization,  group  of  persons  or
    45  business  entity  at  a  time  when  the  person, organization, group of
    46  persons or business entity did not meet the descriptions of paragraph a,
    47  b, c, d or e of subdivision two of this section.
    48    10. No public official holding any of the offices listed in  paragraph
    49  a  of  subdivision  five of this section shall conduct personal business
    50  transactions in an amount over two thousand dollars in any calendar year
    51  with any person, organization,  group  of  persons  or  business  entity
    52  described  in  paragraphs  a,  b,  c  and  d  of subdivision two of this
    53  section.
    54    11. This section shall not prohibit  any  person  from  informing  any
    55  other person of a position taken by a public official or a candidate for
    56  public office.

        A. 11043                            6
 
     1    12.  The provisions of subdivisions two and five of this section shall
     2  not apply to the campaign of any person described in paragraph a,  b,  c
     3  or  d  of  subdivision two of this section who is a candidate for any of
     4  those offices listed in paragraph a of subdivision five of this section.
     5    §  14-136.  Commissioning  authorities and licensing authorities.  The
     6  following persons shall not be appointed to  a  state  public  board  or
     7  commission  which  has  the  authority  to  award  or  audit  any public
     8  contract:
     9    1. a lobbyist registered under section one-e of the legislative law;
    10    2. any person or business entity who, in the previous two  years,  has
    11  received  fifty  thousand  dollars or more through one or more contracts
    12  from the state or any state-appointed entity with contracting power;
    13    3. any person who owns more than ten percent of a business entity that
    14  is described in subdivision two of this section;
    15    4. any person employed by an organization, group, or  business  entity
    16  described  in subdivision two of this section who holds a senior manage-
    17  ment position as defined by the commission on governmental ethics; or
    18    5. an immediate family member of a  person  described  in  subdivision
    19  one, two, three, or four of this section.
    20    §  8.  Section  14-130 of the election law, as amended by section 9 of
    21  part CC of chapter 56 of the laws of 2015, paragraphs (ix)  and  (x)  of
    22  subdivision 3 as amended and paragraph (xi) of subdivision 3 as added by
    23  chapter 136 of the laws of 2019, is amended to read as follows:
    24    §  14-130.  Campaign funds for personal use. 1. Contributions received
    25  by a candidate or a political committee may only be  expended  for  [any
    26  lawful  purpose.  Such  funds  shall not be converted by any person to a
    27  personal use which is unrelated to a political campaign or  the  holding
    28  of  a  public  office  or  party  position]  bona fide purposes directly
    29  related to either:
    30    a. promoting the nomination or election of a candidate; or
    31    b. performing those duties of public office or  party  position  which
    32  are not paid for or eligible for reimbursement by the state or any poli-
    33  tical subdivision or private party.
    34    2. Permissible ordinary and necessary expenses relating to the holding
    35  of public office or party position shall include:
    36    a.  production  and  circulation  of flyers or other written materials
    37  related to duties of officeholder; the placement  of  holiday  greetings
    38  and  congratulatory  ads and memorial notices in local newspapers, maga-
    39  zines, journals or other publication;
    40    b. sponsorship or hosting of community meetings; tickets or  donations
    41  to  local  charitable,  non-profit or political events, organizations or
    42  activities  that  promote  the  welfare  of  constituents  or  political
    43  campaigns;
    44    c.  incidental  expenditures for the operation of legislative offices,
    45  including purchase of items such as memorial or get-well gifts,  flowers
    46  or similar items of nominal value for constituents or others;
    47    d. membership in organizations related to official duties and costs of
    48  attending  informational  meetings  attended  in  connection  with  such
    49  duties; and
    50    e. travel related to duties of office, provided that the travel is not
    51  undertaken for any purpose resulting in a personal or financial  benefit
    52  to the candidate or officeholder. If such expenses involve both personal
    53  activity  and  campaign or official activities, the incremental expenses
    54  associated with the personal activities are  personal  uses  unless  the
    55  campaign  is  reimbursed  for  such  sums from other than campaign funds
    56  within thirty days of the expenditure.

        A. 11043                            7
 
     1    Nothing in this section shall prohibit  a  candidate  from  purchasing
     2  office  equipment with personal funds and leasing or renting such equip-
     3  ment or property to a committee  working  with  or  for  the  candidate,
     4  provided the candidate or the campaign treasurer sign a written lease or
     5  rental  agreement  and  files  it with the appropriate required campaign
     6  financial filing which shall include the lease  or  rental  price  which
     7  shall  not  exceed the fair lease or rental value of the equipment or in
     8  the aggregate exceed the cost of its purchase.
     9    3. Campaign funds shall not be converted to personal use, which  shall
    10  be defined as expenditures that:
    11    a. are for the personal benefit of or to defray normal living expenses
    12  of the candidate, officeholder, immediate family or partner of either or
    13  any other person;
    14    b.  are  used  to  fulfill any commitment, obligation, or expense that
    15  would exist irrespective of the candidate's campaign  or  duties  as  an
    16  officeholder; or
    17    c. are put to any use for which the candidate or officeholder would be
    18  required  to  treat  the amount of the expenditure as gross income under
    19  section 61 of the Internal Revenue Code.
    20    4. Expenditures for personal use  shall  also  include,  but  are  not
    21  limited to, expenditures for:
    22    a.  residential  or  household  items,  supplies, maintenance or other
    23  expenditures, including mortgage, rent, utilities, repairs, or  improve-
    24  ments  for  any part of any personal residence of a candidate or office-
    25  holder, the candidate's or officeholder's immediate family or partner;
    26    b. rent or utility payments that exceed fair market value for  use  of
    27  any  part  of  any  non-residential  property owned by a candidate, or a
    28  member of a candidate's family or partner used for campaign purposes;
    29    c. salary and other fees for bona  fide  services  to  a  campaign  or
    30  legislative  office that exceed fair and reasonable market value of such
    31  services;
    32    d. interest or any other finance charges  for  monies  loaned  to  the
    33  campaign by the candidate or the spouse or partner of such candidate;
    34    e. tuition payments;
    35    f. dues, fees, or gratuities at private clubs, recreational facilities
    36  or  other  nonpolitical  organizations,  unless  connected to a specific
    37  widely attended fundraising event that takes place on the organization's
    38  premises;
    39    g. automobile purchases or long term leases; short  term  car  rentals
    40  and  cellular  equipment  and services not used exclusively for campaign
    41  purposes or duties as an officeholder;
    42    h. admission to sporting events, concerts, theaters, or other forms of
    43  entertainment, unless  part  of  a  specific  campaign  or  officeholder
    44  related activity; and
    45    i.  payment of any fines, fees, or penalties assessed pursuant to this
    46  chapter.
    47    5. No campaign funds shall be used to pay attorney's fees or any costs
    48  of defending against any civil or criminal investigation or  prosecution
    49  for  alleged  violations  of  state  or federal law alleged to have been
    50  committed while holding public office or as a candidate for office where
    51  the candidate or public or party official, members  of  their  immediate
    52  families or partners or the campaign is the target of such investigation
    53  or  prosecution  unless  such  expenditure is used exclusively for costs
    54  related to civil or criminal actions for alleged violations  related  to
    55  activities promoting the nomination or election of a candidate.

        A. 11043                            8
 
     1    [2.]  6.  No  contribution  shall be used to pay interest or any other
     2  finance charges upon monies loaned to the campaign by such candidate  or
     3  the spouse of such candidate.
     4    [3.]  7. For the purposes of this section, contributions "converted by
     5  any person to a personal use" are expenditures that are exclusively  for
     6  the  personal  benefit  of the candidate or any other individual, not in
     7  connection with a political campaign or the holding of a  public  office
     8  or  party  position.  "Converted  by any person to a personal use", when
     9  meeting the definition in this subdivision, shall include,  but  not  be
    10  limited to, expenses for the following:
    11    (i)  any  residential  or  household  items, supplies or expenditures,
    12  including mortgage, rent  or  utility  payments  for  any  part  of  any
    13  personal  residence  of  a  candidate or officeholder or a member of the
    14  candidate's or officeholder's family that are not incurred as  a  result
    15  of,  or  to  facilitate,  the individual's campaign, or the execution of
    16  [his or her] the candidate's or officeholder's duties of  public  office
    17  or  party  position.  In the event that any property or building is used
    18  for both personal and campaign use or as part of the execution  of  [his
    19  or  her]  the  candidate's  or officeholder's duties of public office or
    20  party position, personal use shall constitute expenses that  exceed  the
    21  pro-rated amount for such expenses based on fair-market value.
    22    (ii) mortgage, rent, or utility payments to a candidate or officehold-
    23  er  for  any  part  of  any  non-residential property that is owned by a
    24  candidate or officeholder or a member of a candidate's or officeholder's
    25  family and used for campaign purposes, to the extent the payments exceed
    26  the fair market value of the property's usage for campaign activities;
    27    (iii) clothing, other than items that are used in the campaign  or  in
    28  the execution of the duties of public office or party position;
    29    (iv) tuition payments unrelated to a political campaign or the holding
    30  of a public office or party position;
    31    (v)  salary  payments or other compensation provided to any person for
    32  services where such services are not solely  for  campaign  purposes  or
    33  provided in connection with the execution of the duties of public office
    34  or party position;
    35    (vi)  salary  payments or other compensation provided to a member of a
    36  candidate's family, unless the family  member  is  providing  bona  fide
    37  services to the campaign. If a family member provides bona fide services
    38  to  a  campaign,  any salary payments or other compensation in excess of
    39  the fair market value of  the  services  provided  shall  be  considered
    40  payments for personal use;
    41    (vii)  admission  to a sporting event, concert, theater, or other form
    42  of entertainment, unless such event is part of, or in connection with, a
    43  campaign or is related to the holding of public office  or  party  posi-
    44  tion;
    45    (viii)  payment  of any fines or penalties assessed against the candi-
    46  date  pursuant  to  this  chapter  or  in  connection  with  a  criminal
    47  conviction  or  by  the  joint  commission for public ethics pursuant to
    48  section ninety-four of the executive law or  sections  seventy-three  or
    49  seventy-three-a  of  the  public  officers law or the legislative ethics
    50  commission pursuant to section eighty of the legislative law;
    51    (ix) dues, fees, or gratuities at a country club, health club,  recre-
    52  ational  facility  or other entities with a similar purpose, unless they
    53  are expenses connected with a specific  fundraising  event  or  activity
    54  associated  with a political campaign or the holding of public office or
    55  party position that takes place on the organization's premises;

        A. 11043                            9
 
     1    (x) travel expenses including automobile purchases or  leases,  unless
     2  used  for  campaign  purposes or in connection with the execution of the
     3  duties of public office or party position  and  usage  of  such  vehicle
     4  which  is  incidental  to such purposes or the execution of such duties;
     5  and
     6    (xi)  childcare expenses, other than expenses incurred in the campaign
     7  or in the execution of the duties of public office or party position.
     8    [4.] 8. Nothing in  this  section  shall  prohibit  a  candidate  from
     9  purchasing  equipment  or  property  from  [his  or her] the candidate's
    10  personal funds and leasing or renting such equipment or  property  to  a
    11  committee working directly or indirectly with [him] the candidate to aid
    12  or  participate  in [his or her] the candidate's nomination or election,
    13  including an exploratory committee, provided that the candidate and [his
    14  or her] the candidate's campaign  treasurer  sign  a  written  lease  or
    15  rental  agreement.  Such  agreement  shall  include  the lease or rental
    16  price, which shall not exceed the fair lease  or  rental  value  of  the
    17  equipment.  The  candidate  shall  not  receive lease or rental payments
    18  which, in the aggregate, exceed the cost of purchasing the equipment  or
    19  property.
    20    [5.]  9.  Nothing  in  this  section  shall prohibit an elected public
    21  officeholder from using campaign contributions to  facilitate,  support,
    22  or  otherwise  assist  in  the execution or performance of the duties of
    23  [his or her] the officeholder's public office.
    24    [6.] 10. The state board of elections shall  issue  advisory  opinions
    25  upon  request  regarding  expenditures that may or may not be considered
    26  personal use of contributions. Any formal or informal advisory  opinions
    27  issued  by  a  majority  vote of the commissioners of the state board of
    28  elections shall be binding on the board, the chief  enforcement  counsel
    29  established by subdivision three-a of section 3-100 of this chapter, and
    30  in  any subsequent civil or criminal action or proceeding or administra-
    31  tive proceeding.
    32    § 9. The election law is amended by adding a  new  section  14-138  to
    33  read as follows:
    34    §  14-138.  Disposition of campaign funds. 1. An authorized continuing
    35  candidate committee must dispose of all  funds  and  close  within  four
    36  years  after  the  later  of (a) the end of the individual's most recent
    37  term of office, or (b) the date of the election in which the  individual
    38  last was a filed candidate.
    39    2.  Any  candidate or political committee required to dispose of funds
    40  pursuant to this section shall, at the option of the candidate,  or  the
    41  treasurer  of a political committee formed solely to promote the passage
    42  or defeat of a ballot proposal, dispose of such  funds  by  any  of  the
    43  following means, or any combination thereof:
    44    a.  returning,  pro  rata, to each contributor the funds that have not
    45  been spent or obligated;
    46    b. donating the funds to a charitable  organization  or  organizations
    47  that meet the qualifications of section 501(c)(3) of the Internal Reven-
    48  ue Code;
    49    c. donating the funds to the state university;
    50    d. donating the funds to the state's general fund;
    51    e.  transferring  the  funds to a political party committee registered
    52  with the state board of elections; or
    53    f. contributing the funds to a candidate or political  committee  such
    54  that this does not exceed the limits set forth in section 14-114 of this
    55  article.

        A. 11043                           10
 
     1    3. No candidate or political committee shall dispose of campaign funds
     2  by  making expenditures for personal use as defined in section 14-130 of
     3  this title.
     4    4.  Upon the death of a candidate, former candidate or holder of elec-
     5  tive office, who  received  campaign  contributions,  all  contributions
     6  shall  be  disposed of according to this section within twelve months of
     7  the death of the candidate.
     8    § 10. Subdivision 1 of section 14-102 of the election law, as  amended
     9  by  chapter  8  and  redesignated  by  chapter 9 of the laws of 1978, is
    10  amended to read as follows:
    11    1. The treasurer of every political committee which, or  any  officer,
    12  member  or  agent  of  any  such  committee  who, in connection with any
    13  election, receives or expends any  money  or  other  valuable  thing  or
    14  incurs  any  liability  to pay money or its equivalent shall file state-
    15  ments sworn, or subscribed and bearing a form notice that  false  state-
    16  ments  made  therein are punishable as a class A misdemeanor pursuant to
    17  section 210.45 of the penal law, at the times prescribed by this article
    18  setting forth all the receipts, contributions to and the expenditures by
    19  and liabilities of the committee,  and  of  its  officers,  members  and
    20  agents in its behalf. Such statements shall include the dollar amount of
    21  any  receipt,  contribution or transfer, or the fair market value of any
    22  receipt, contribution or transfer, which is other  than  of  money,  the
    23  name  and  address  of  the  transferor, contributor or person from whom
    24  received, if the contributor is a lobbyist registered pursuant to  arti-
    25  cle  one-A  of the legislative law and if the transferor, contributor or
    26  person is a political committee; the name  of  and  the  political  unit
    27  represented by the committee, the date of its receipt, the dollar amount
    28  of  every expenditure, the name and address of the person to whom it was
    29  made or the name of and the political unit represented by the  committee
    30  to  which  it was made and the date thereof, and shall state clearly the
    31  purpose of such expenditure. Any statement reporting a loan  shall  have
    32  attached  to  it a copy of the evidence of indebtedness. Expenditures in
    33  sums under fifty dollars need not be specifically accounted for by sepa-
    34  rate items in said statements, and receipts and contributions  aggregat-
    35  ing not more than ninety-nine dollars, from any one contributor need not
    36  be  specifically  accounted  for  by  separate items in said statements,
    37  provided however, that such  expenditures,  receipts  and  contributions
    38  shall be subject to the other provisions of section 14-118 of this arti-
    39  cle.
    40    §  11.  Subdivision  3  of  section  74  of the public officers law is
    41  amended by adding a new paragraph j to read as follows:
    42    j. No officer or employee of a state agency required to file an annual
    43  statement of financial disclosure pursuant to section seventy-three-a of
    44  this article shall solicit or receive contributions for a  campaign  for
    45  state or federal office.
    46    § 12. This act shall take effect on the first of January next succeed-
    47  ing  the date on which it shall have become a law; provided that section
    48  14-134 of the election law as added by section seven of this  act  shall
    49  take  effect  two  years after such effective date; and provided further
    50  that sections eight, nine, ten and eleven of this act shall take  effect
    51  on the sixtieth day after it shall have become a law; provided, however,
    52  that  the  state board of elections shall notify all registered campaign
    53  committees of the applicable provisions of sections eight, nine, ten and
    54  eleven of this act within thirty days after this act shall have become a
    55  law.
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