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S02135 Summary:

BILL NOS02135
 
SAME ASSAME AS A11043
 
SPONSORKRUEGER
 
COSPNSRADDABBO, HOYLMAN-SIGAL, LIU, SERRANO
 
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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S02135 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2135
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 15, 2025
                                       ___________
 
        Introduced  by  Sens.  KRUEGER,  ADDABBO, HOYLMAN-SIGAL, LIU, SERRANO --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Ethics and Internal Governance
 
        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:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05623-01-5

        S. 2135                             2
 
     1    (6) the name, address and telephone number of any public official with
     2  whom the lobbyist has any business relationship.
     3    §  5. Paragraph 5 of subdivision (b) of section 1-j of the legislative
     4  law is amended by adding two new subparagraphs (vi) and (vii) to read as
     5  follows:
     6     (vi) the campaign contributions made, in any form, to any campaign or
     7  political committee in New York state by the client by whom or on  whose
     8  behalf  the  lobbyist is retained, employed or designated, by the lobby-
     9  ist, and by any employees of the lobbyist.
    10    (vii) the amount of compensation paid and  the  names  of  any  family
    11  members  of  a public official to whom a lobbyist and the client by whom
    12  or on whose behalf the lobbyist is retained, employed or designated  has
    13  paid  compensation  of  more  than five hundred dollars in the preceding
    14  calendar year for personal employment or professional services.
    15    § 6. Subdivision (b) of section 1-j of the legislative law is  amended
    16  by adding a new paragraph 7 to read as follows:
    17   (7)  the name, address and telephone number of any public official with
    18  whom the lobbyist has any business relationship.
    19    § 7. The election law is amended by adding two new sections 14-134 and
    20  14-136 to read as follows:
    21    § 14-134. Government contractor reporting and contribution limits.  1.
    22  Definitions. The following definitions shall apply to this section:
    23    a. "agent" means any person acting at the direction of or on behalf of
    24  an individual or business entity;
    25    b.  "business  entity"  means  a  business  corporation,  professional
    26  services  corporation,  limited  liability company, partnership, limited
    27  partnership, business trust, association or any other  legal  commercial
    28  entity  organized  under  the  laws  of this state or any other state or
    29  foreign jurisdiction, including any subsidiary  directly  or  indirectly
    30  controlled  by  the  business  entity,  and  any political organization,
    31  including but not limited to any political organization organized  under
    32  section 527 of the Internal Revenue Code, that is directly or indirectly
    33  controlled by the business entity;
    34    c.  "immediate  family"  means any spouse or child of an individual or
    35  any financially dependent  relatives  who  reside  in  the  individual's
    36  household;
    37    d.  "housekeeping  account"  means  an  account  maintained by a party
    38  committee or constituted committee from which expenditures are  made  to
    39  maintain  a permanent headquarters and staff and carry on ordinary party
    40  activities which are not for the express purpose of promoting the candi-
    41  dacy of specific candidates;
    42    e. "candidate for state office" means a candidate  for  the  following
    43  state  offices:  governor,  lieutenant governor, attorney general, comp-
    44  troller, senator, and member of the assembly; and
    45    f. "personal business transaction"  means  transactions  for  services
    46  offered  by the elected official in the official's capacity as a private
    47  citizen to any member of the public.
    48    2. The following persons and business entities who make a contribution
    49  to a candidate for state office, a political committee working  directly
    50  or  indirectly  to  aid or participate in such candidate's nomination or
    51  election, a political committee established or controlled by such candi-
    52  date, or a state or local committee of a political  party,  including  a
    53  housekeeping  account,  shall  file  reports  as required by subdivision
    54  three of this section with the board of elections within seven  calendar
    55  days  after the date of a contribution made within thirty-six days of an
    56  election, or, for contributions made at any other time,  within  thirty-

        S. 2135                             3
 
     1  six  days  of the date of the contribution or the date of any applicable
     2  contract, whichever occurs later:
     3    a. any person, organization, group of persons, or business entity that
     4  has  received, in a calendar year fifty thousand dollars or more through
     5  contracts from the state or any state-appointed entity with  contracting
     6  power;
     7    b. any person who owns more than ten percent of a business entity that
     8  is described in paragraph a of this subdivision;
     9    c.  any  person employed by an organization, group, or business entity
    10  described in paragraph a of this subdivision who holds a senior  manage-
    11  ment position as defined by the state ethics commission;
    12    d.  the  immediate family member of a person who is described in para-
    13  graph a, b or c of this subdivision; or
    14    e. any political committee established  or  controlled  by  a  person,
    15  organization, group of persons or business entity described in paragraph
    16  a, b, c and d of this subdivision.
    17    3. The board of elections shall prescribe forms and procedures for the
    18  reporting  required in subdivision two of this section which, at a mini-
    19  mum, shall require the electronic filing of the following information:
    20    a. the name, address, employer and the name of spouse  of  the  person
    21  making the contribution and the name of the spouse's employer;
    22    b.  the  name of the candidate, political committee, or state or local
    23  committee of  a  political  party,  including  a  housekeeping  account,
    24  receiving the contribution;
    25    c.  the  amount of the contract with the state or other entity defined
    26  in paragraph a of subdivision two of this section,  and  the  dates  and
    27  other information identifying each contract for services or goods; and
    28    d.  if an organization, group of persons, or business entity is making
    29  the contribution:
    30    (i) the names and business addresses of all persons who own more  than
    31  ten percent of the organization, group or entity; or
    32    (ii)  the  names and business addresses of all persons employed by the
    33  organization, group, or business entity who  hold  a  senior  management
    34  position as defined by the commission on governmental ethics.
    35    4.  The  board of elections shall maintain completed forms and reports
    36  described in subdivision two of this section for public inspection  both
    37  at  the  board  of  elections  office and through the board of elections
    38  electronic filing system for campaign finance disclosure (EFS).
    39    5. From twelve months after a bid or proposal to the  relevant  agency
    40  or  contracting authority for a contract described in subdivision two of
    41  this section and either twelve months after completion of the applicable
    42  contract, or upon completion of the applicable elected  official's  term
    43  in  office,  whichever  is  longer, it shall be unlawful for any person,
    44  organization, group of persons or business  entity  described  in  para-
    45  graphs a, b, c and d or e of subdivision two of this section to:
    46    a.  make  contributions to a candidate for state office, any political
    47  committee working directly or indirectly to aid or participate  in  such
    48  candidate's  nomination  or  election,  or any other political committee
    49  established or controlled by such candidate that  exceed  the  following
    50  amounts per election for the following offices:
    51    (i) governor: five hundred dollars;
    52    (ii) lieutenant governor: five hundred dollars;
    53    (iii) comptroller: five hundred dollars;
    54    (iv) attorney general: five hundred dollars;
    55    (v) senator: three hundred fifty dollars; or
    56    (vi) member of assembly: two hundred fifty dollars;

        S. 2135                             4
 
     1    b. make contributions to:
     2    (i)  political  committees  working  directly  or indirectly to aid or
     3  participate in the nomination or election of a candidate for the offices
     4  described in subparagraphs (i), (ii), (iii), (iv), (v) and (vi) of para-
     5  graph a of this subdivision, or other political  committees  established
     6  or  controlled by a candidate for the offices described in subparagraphs
     7  (i), (ii), (iii), (iv), (v) and (vi) of paragraph a of this  subdivision
     8  that in the aggregate exceed four thousand dollars per election; or
     9    (ii)  state  or  local  committees of a political party, or any house-
    10  keeping account, in an amount greater  than  one  thousand  dollars  per
    11  election,  and in an aggregate to all state or local committees of poli-
    12  tical parties in an aggregate that  exceeds  two  thousand  dollars  per
    13  election;
    14    c.  solicit a contribution on behalf of, or transmit a contribution on
    15  behalf of another to:
    16    (i) a candidate for any of the offices  for  which  contributions  are
    17  limited under paragraph a of this subdivision;
    18    (ii)  any political committee working directly or indirectly to aid or
    19  participate in the nomination or election of a candidate for office  for
    20  which  their  contributions  are limited in paragraph a of this subdivi-
    21  sion, or any other political committee established or  controlled  by  a
    22  candidate  for  the  offices  for  which their contributions are limited
    23  under paragraph a of this subdivision;
    24    (iii) a state or local committee of  a  political  party  including  a
    25  housekeeping account;
    26    d. participate in any fund-raising activities for:
    27    (i)  a  candidate  for  any of the offices for which contributions are
    28  limited under paragraph a of this subdivision;
    29    (ii) any political committee working directly or indirectly to aid  or
    30  participate  in the nomination or election of a candidate for office for
    31  which their contributions are limited in paragraph a  of  this  subdivi-
    32  sion,  or  any  other political committee established or controlled by a
    33  candidate for the offices for  which  their  contributions  are  limited
    34  under paragraph a of this subdivision;
    35    (iii)  a  state  or  local committee of a political party, including a
    36  housekeeping account;
    37    e. serve as chairperson, treasurer, or any other officer of:
    38    (i) any political committee working directly or indirectly to  aid  or
    39  participate  in the nomination or election of a candidate for office for
    40  which their contributions are limited under paragraph a of this subdivi-
    41  sion; or
    42    (ii) any other political committee  established  or  controlled  by  a
    43  candidate for which their contributions are limited under paragraph a of
    44  this subdivision;
    45    f.  conduct personal business transactions in an amount over two thou-
    46  sand dollars in any calendar year with a  public  official  holding  the
    47  offices  for  which their contributions are limited under paragraph a of
    48  this subdivision;
    49    g. deliver to any conduit or intermediary any  contribution  earmarked
    50  for a particular candidate for the offices for which their contributions
    51  are  limited  under  paragraph  a  of this subdivision, or any committee
    52  working directly or indirectly to aid or participate in such candidate's
    53  nomination or election, or any other political committee established  or
    54  controlled by such candidate; or
    55    h.  knowingly  take  any  step  to circumvent the restrictions in this
    56  subdivision.

        S. 2135                             5
 
     1    i. the provisions of this section shall not  apply  for  a  contractor
     2  making  a contribution, or any disclosure thereof required by this arti-
     3  cle, in any calendar  year  in  which  such  contractor  receives  funds
     4  disbursed  by  the  state  or  any instrumentality thereof pursuant to a
     5  federal  statute, rule or regulation that would render the state or such
     6  instrumentality or contractor ineligible to receive such funds by virtue
     7  of the operation of this section.
     8    This subdivision shall not be applicable to contributions made by  any
     9  person, organization, group of persons or business entity at a time when
    10  the  person,  organization,  group of persons or business entity did not
    11  meet the descriptions of paragraphs a, b, c, d and e of subdivision  two
    12  of this section.
    13    6.  The state or any state department, public entity or authority with
    14  contract-making power shall not enter into  an  agreement  or  otherwise
    15  contract  to procure services or any material, supplies or equipment, or
    16  to acquire, sell, or lease any land or building from any person,  organ-
    17  ization,  group of persons or business entity described in paragraphs a,
    18  b, c and d of subdivision two of this section who has  made  a  contrib-
    19  ution  prohibited  in subdivision five of this section. This subdivision
    20  shall not be applicable to contributions made by any  person,  organiza-
    21  tion,  group  of  persons  or business entity at a time when the person,
    22  organization, group of persons or  business  entity  did  not  meet  the
    23  descriptions  of  paragraph  a,  b, c, d or e of subdivision two of this
    24  section.  Nothing in this section shall impair the power of the state or
    25  any instrumentality thereof to enter into a contract with any contractor
    26  where federal funds would support the payment  or  performance  of  such
    27  contract  and  a  federal  statute,  rule or regulation would render the
    28  state or such instrumentality or contractor ineligible to  receive  such
    29  funds by virtue of the operation of this section.
    30    7.  Every  contract and bid application and specifications promulgated
    31  by the state or any state department, public entity  or  authority  with
    32  contract-making  power shall contain a provision describing the require-
    33  ments of section 14-116 of this title.
    34    8. Before entering into any agreement or any other contract to procure
    35  from any person, organization,  group  of  persons  or  business  entity
    36  services or any material, supplies or equipment, or to acquire, sell, or
    37  lease  any  land  or building, the state or any state department, public
    38  entity or authority with contract-making power  shall  receive  a  sworn
    39  statement  from  the contractor, made under penalty of perjury, that the
    40  bidder or offerer has not made  a  contribution  in  violation  of  this
    41  section.
    42    9.  No  candidate for state office shall accept campaign contributions
    43  from a  person,  organization,  group  of  persons  or  business  entity
    44  described  in  paragraph  a,  b,  c,  d  or e of subdivision two of this
    45  section in an amount exceeding those permitted in paragraph a of  subdi-
    46  vision  five  of  this section for twelve months after completion of the
    47  applicable contract, or the remainder of the candidate's term in office,
    48  whichever is longer.   This  subdivision  shall  not  be  applicable  to
    49  contributions  made  by  any  person,  organization, group of persons or
    50  business entity at a  time  when  the  person,  organization,  group  of
    51  persons or business entity did not meet the descriptions of paragraph a,
    52  b, c, d or e of subdivision two of this section.
    53    10.  No public official holding any of the offices listed in paragraph
    54  a of subdivision five of this section shall  conduct  personal  business
    55  transactions in an amount over two thousand dollars in any calendar year
    56  with  any  person,  organization,  group  of  persons or business entity

        S. 2135                             6
 
     1  described in paragraphs a, b,  c  and  d  of  subdivision  two  of  this
     2  section.
     3    11.  This  section  shall  not  prohibit any person from informing any
     4  other person of a position taken by a public official or a candidate for
     5  public office.
     6    12. The provisions of subdivisions two and five of this section  shall
     7  not  apply  to the campaign of any person described in paragraph a, b, c
     8  or d of subdivision two of this section who is a candidate  for  any  of
     9  those offices listed in paragraph a of subdivision five of this section.
    10    §  14-136.  Commissioning  authorities and licensing authorities.  The
    11  following persons shall not be appointed to  a  state  public  board  or
    12  commission  which  has  the  authority  to  award  or  audit  any public
    13  contract:
    14    1. a lobbyist registered under section one-e of the legislative law;
    15    2. any person or business entity who, in the previous two  years,  has
    16  received  fifty  thousand  dollars or more through one or more contracts
    17  from the state or any state-appointed entity with contracting power;
    18    3. any person who owns more than ten percent of a business entity that
    19  is described in subdivision two of this section;
    20    4. any person employed by an organization, group, or  business  entity
    21  described  in subdivision two of this section who holds a senior manage-
    22  ment position as defined by the commission on governmental ethics; or
    23    5. an immediate family member of a  person  described  in  subdivision
    24  one, two, three, or four of this section.
    25    §  8.  Section  14-130 of the election law, as amended by section 9 of
    26  part CC of chapter 56 of the laws of 2015, paragraphs (ix)  and  (x)  of
    27  subdivision 3 as amended and paragraph (xi) of subdivision 3 as added by
    28  chapter 136 of the laws of 2019, is amended to read as follows:
    29    §  14-130.  Campaign funds for personal use. 1. Contributions received
    30  by a candidate or a political committee may only be  expended  for  [any
    31  lawful  purpose.  Such  funds  shall not be converted by any person to a
    32  personal use which is unrelated to a political campaign or  the  holding
    33  of  a  public  office  or  party  position]  bona fide purposes directly
    34  related to either:
    35    a. promoting the nomination or election of a candidate; or
    36    b. performing those duties of public office or  party  position  which
    37  are not paid for or eligible for reimbursement by the state or any poli-
    38  tical subdivision or private party.
    39    2. Permissible ordinary and necessary expenses relating to the holding
    40  of public office or party position shall include:
    41    a.  production  and  circulation  of flyers or other written materials
    42  related to duties of officeholder; the placement  of  holiday  greetings
    43  and  congratulatory  ads and memorial notices in local newspapers, maga-
    44  zines, journals or other publication;
    45    b. sponsorship or hosting of community meetings; tickets or  donations
    46  to  local  charitable,  non-profit or political events, organizations or
    47  activities  that  promote  the  welfare  of  constituents  or  political
    48  campaigns;
    49    c.  incidental  expenditures for the operation of legislative offices,
    50  including purchase of items such as memorial or get-well gifts,  flowers
    51  or similar items of nominal value for constituents or others;
    52    d. membership in organizations related to official duties and costs of
    53  attending  informational  meetings  attended  in  connection  with  such
    54  duties; and
    55    e. travel related to duties of office, provided that the travel is not
    56  undertaken for any purpose resulting in a personal or financial  benefit

        S. 2135                             7
 
     1  to the candidate or officeholder. If such expenses involve both personal
     2  activity  and  campaign or official activities, the incremental expenses
     3  associated with the personal activities are  personal  uses  unless  the
     4  campaign  is  reimbursed  for  such  sums from other than campaign funds
     5  within thirty days of the expenditure.
     6    Nothing in this section shall prohibit  a  candidate  from  purchasing
     7  office  equipment with personal funds and leasing or renting such equip-
     8  ment or property to a committee  working  with  or  for  the  candidate,
     9  provided the candidate or the campaign treasurer sign a written lease or
    10  rental  agreement  and  files  it with the appropriate required campaign
    11  financial filing which shall include the lease  or  rental  price  which
    12  shall  not  exceed the fair lease or rental value of the equipment or in
    13  the aggregate exceed the cost of its purchase.
    14    3. Campaign funds shall not be converted to personal use, which  shall
    15  be defined as expenditures that:
    16    a. are for the personal benefit of or to defray normal living expenses
    17  of the candidate, officeholder, immediate family or partner of either or
    18  any other person;
    19    b.  are  used  to  fulfill any commitment, obligation, or expense that
    20  would exist irrespective of the candidate's campaign  or  duties  as  an
    21  officeholder; or
    22    c. are put to any use for which the candidate or officeholder would be
    23  required  to  treat  the amount of the expenditure as gross income under
    24  section 61 of the Internal Revenue Code.
    25    4. Expenditures for personal use  shall  also  include,  but  are  not
    26  limited to, expenditures for:
    27    a.  residential  or  household  items,  supplies, maintenance or other
    28  expenditures, including mortgage, rent, utilities, repairs, or  improve-
    29  ments  for  any part of any personal residence of a candidate or office-
    30  holder, the candidate's or officeholder's immediate family or partner;
    31    b. rent or utility payments that exceed fair market value for  use  of
    32  any  part  of  any  non-residential  property owned by a candidate, or a
    33  member of a candidate's family or partner used for campaign purposes;
    34    c. salary and other fees for bona  fide  services  to  a  campaign  or
    35  legislative  office that exceed fair and reasonable market value of such
    36  services;
    37    d. interest or any other finance charges  for  monies  loaned  to  the
    38  campaign by the candidate or the spouse or partner of such candidate;
    39    e. tuition payments;
    40    f. dues, fees, or gratuities at private clubs, recreational facilities
    41  or  other  nonpolitical  organizations,  unless  connected to a specific
    42  widely attended fundraising event that takes place on the organization's
    43  premises;
    44    g. automobile purchases or long term leases; short  term  car  rentals
    45  and  cellular  equipment  and services not used exclusively for campaign
    46  purposes or duties as an officeholder;
    47    h. admission to sporting events, concerts, theaters, or other forms of
    48  entertainment, unless  part  of  a  specific  campaign  or  officeholder
    49  related activity; and
    50    i.  payment of any fines, fees, or penalties assessed pursuant to this
    51  chapter.
    52    5. No campaign funds shall be used to pay attorney's fees or any costs
    53  of defending against any civil or criminal investigation or  prosecution
    54  for  alleged  violations  of  state  or federal law alleged to have been
    55  committed while holding public office or as a candidate for office where
    56  the candidate or public or party official, members  of  their  immediate

        S. 2135                             8

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

        S. 2135                             9
 
     1  are expenses connected with a specific  fundraising  event  or  activity
     2  associated  with a political campaign or the holding of public office or
     3  party position that takes place on the organization's premises;
     4    (x)  travel  expenses including automobile purchases or leases, unless
     5  used for campaign purposes or in connection with the  execution  of  the
     6  duties  of  public  office  or  party position and usage of such vehicle
     7  which is incidental to such purposes or the execution  of  such  duties;
     8  and
     9    (xi)  childcare expenses, other than expenses incurred in the campaign
    10  or in the execution of the duties of public office or party position.
    11    [4.] 8. Nothing in  this  section  shall  prohibit  a  candidate  from
    12  purchasing  equipment  or  property  from  [his  or her] the candidate's
    13  personal funds and leasing or renting such equipment or  property  to  a
    14  committee working directly or indirectly with [him] the candidate to aid
    15  or  participate  in [his or her] the candidate's nomination or election,
    16  including an exploratory committee, provided that the candidate and [his
    17  or her] the candidate's campaign  treasurer  sign  a  written  lease  or
    18  rental  agreement.  Such  agreement  shall  include  the lease or rental
    19  price, which shall not exceed the fair lease  or  rental  value  of  the
    20  equipment.  The  candidate  shall  not  receive lease or rental payments
    21  which, in the aggregate, exceed the cost of purchasing the equipment  or
    22  property.
    23    [5.]  9.  Nothing  in  this  section  shall prohibit an elected public
    24  officeholder from using campaign contributions to  facilitate,  support,
    25  or  otherwise  assist  in  the execution or performance of the duties of
    26  [his or her] the officeholder's public office.
    27    [6.] 10. The state board of elections shall  issue  advisory  opinions
    28  upon  request  regarding  expenditures that may or may not be considered
    29  personal use of contributions. Any formal or informal advisory  opinions
    30  issued  by  a  majority  vote of the commissioners of the state board of
    31  elections shall be binding on the board, the chief  enforcement  counsel
    32  established by subdivision three-a of section 3-100 of this chapter, and
    33  in  any subsequent civil or criminal action or proceeding or administra-
    34  tive proceeding.
    35    § 9. The election law is amended by adding a  new  section  14-138  to
    36  read as follows:
    37    §  14-138.  Disposition of campaign funds. 1. An authorized continuing
    38  candidate committee must dispose of all  funds  and  close  within  four
    39  years  after  the  later  of (a) the end of the individual's most recent
    40  term of office, or (b) the date of the election in which the  individual
    41  last was a filed candidate.
    42    2.  Any  candidate or political committee required to dispose of funds
    43  pursuant to this section shall, at the option of the candidate,  or  the
    44  treasurer  of a political committee formed solely to promote the passage
    45  or defeat of a ballot proposal, dispose of such  funds  by  any  of  the
    46  following means, or any combination thereof:
    47    a.  returning,  pro  rata, to each contributor the funds that have not
    48  been spent or obligated;
    49    b. donating the funds to a charitable  organization  or  organizations
    50  that meet the qualifications of section 501(c)(3) of the Internal Reven-
    51  ue Code;
    52    c. donating the funds to the state university;
    53    d. donating the funds to the state's general fund;
    54    e.  transferring  the  funds to a political party committee registered
    55  with the state board of elections; or

        S. 2135                            10
 
     1    f. contributing the funds to a candidate or political  committee  such
     2  that this does not exceed the limits set forth in section 14-114 of this
     3  article.
     4    3. No candidate or political committee shall dispose of campaign funds
     5  by  making expenditures for personal use as defined in section 14-130 of
     6  this title.
     7    4. Upon the death of a candidate, former candidate or holder of  elec-
     8  tive  office,  who  received  campaign  contributions, all contributions
     9  shall be disposed of according to this section within twelve  months  of
    10  the death of the candidate.
    11    §  10. Subdivision 1 of section 14-102 of the election law, as amended
    12  by chapter 8 and redesignated by chapter 9  of  the  laws  of  1978,  is
    13  amended to read as follows:
    14    1.  The  treasurer of every political committee which, or any officer,
    15  member or agent of any  such  committee  who,  in  connection  with  any
    16  election,  receives  or  expends  any  money  or other valuable thing or
    17  incurs any liability to pay money or its equivalent  shall  file  state-
    18  ments  sworn,  or subscribed and bearing a form notice that false state-
    19  ments made therein are punishable as a class A misdemeanor  pursuant  to
    20  section 210.45 of the penal law, at the times prescribed by this article
    21  setting forth all the receipts, contributions to and the expenditures by
    22  and  liabilities  of  the  committee,  and  of its officers, members and
    23  agents in its behalf. Such statements shall include the dollar amount of
    24  any receipt, contribution or transfer, or the fair market value  of  any
    25  receipt,  contribution  or  transfer,  which is other than of money, the
    26  name and address of the transferor,  contributor  or  person  from  whom
    27  received,  if the contributor is a lobbyist registered pursuant to arti-
    28  cle one-A of the legislative law and if the transferor,  contributor  or
    29  person  is  a  political  committee;  the name of and the political unit
    30  represented by the committee, the date of its receipt, the dollar amount
    31  of every expenditure, the name and address of the person to whom it  was
    32  made  or the name of and the political unit represented by the committee
    33  to which it was made and the date thereof, and shall state  clearly  the
    34  purpose  of  such expenditure. Any statement reporting a loan shall have
    35  attached to it a copy of the evidence of indebtedness.  Expenditures  in
    36  sums under fifty dollars need not be specifically accounted for by sepa-
    37  rate  items in said statements, and receipts and contributions aggregat-
    38  ing not more than ninety-nine dollars, from any one contributor need not
    39  be specifically accounted for by  separate  items  in  said  statements,
    40  provided  however,  that  such  expenditures, receipts and contributions
    41  shall be subject to the other provisions of section 14-118 of this arti-
    42  cle.
    43    § 11. Subdivision 3 of section  74  of  the  public  officers  law  is
    44  amended by adding a new paragraph j to read as follows:
    45    j. No officer or employee of a state agency required to file an annual
    46  statement of financial disclosure pursuant to section seventy-three-a of
    47  this  article  shall solicit or receive contributions for a campaign for
    48  state or federal office.
    49    § 12. This act shall take effect on the first of January next succeed-
    50  ing the date on which it shall have become a law; provided that  section
    51  14-134  of  the election law as added by section seven of this act shall
    52  take effect two years after such effective date;  and  provided  further
    53  that  sections eight, nine, ten and eleven of this act shall take effect
    54  on the sixtieth day after it shall have become a law; provided, however,
    55  that the state board of elections shall notify all  registered  campaign
    56  committees of the applicable provisions of sections eight, nine, ten and

        S. 2135                            11
 
     1  eleven of this act within thirty days after this act shall have become a
     2  law.
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