STATE OF NEW YORK
________________________________________________________________________
113
2023-2024 Regular Sessions
IN SENATE(Prefiled)
January 4, 2023
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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.