Bill Text: NY S00940 | 2021-2022 | General Assembly | Introduced
Bill Title: 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 his or her employer, paid compensation of over $500 in the preceding calendar year and the amount of compensation paid; provides for the disposition of campaign funds.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO ETHICS AND INTERNAL GOVERNANCE [S00940 Detail]
Download: New_York-2021-S00940-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 940 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sens. KRUEGER, ADDABBO, HOYLMAN, 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 brothers, sisters, uncles, and aunts, 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00748-01-1S. 940 2 1 § 4. Subdivision (b) of section 1-h of the legislative law is amended 2 by adding a new paragraph 6 to read as follows: 3 (6) the name, address and telephone number of any public official with 4 whom the lobbyist has any business relationship. 5 § 5. Paragraph 5 of subdivision (b) of section 1-j of the legislative 6 law is amended by adding two new subparagraphs (vi) and (vii) to read as 7 follows: 8 (vi) the campaign contributions made, in any form, to any campaign or 9 political committee in New York state by the client by whom or on whose 10 behalf the lobbyist is retained, employed or designated, by the lobby- 11 ist, and by any employees of the lobbyist. 12 (vii) the amount of compensation paid and the names of any family 13 members of a public official to whom a lobbyist and the client by whom 14 or on whose behalf the lobbyist is retained, employed or designated has 15 paid compensation of more than five hundred dollars in the preceding 16 calendar year for personal employment or professional services. 17 § 6. Subdivision (b) of section 1-j of the legislative law is amended 18 by adding a new paragraph 7 to read as follows: 19 (7) the name, address and telephone number of any public official with 20 whom the lobbyist has any business relationship. 21 § 7. The election law is amended by adding two new sections 14-134 and 22 14-136 to read as follows: 23 § 14-134. Government contractor reporting and contribution limits. 1. 24 Definitions. The following definitions shall apply to this section: 25 a. "agent" means any person acting at the direction of or on behalf of 26 an individual or business entity; 27 b. "business entity" means a business corporation, professional 28 services corporation, limited liability company, partnership, limited 29 partnership, business trust, association or any other legal commercial 30 entity organized under the laws of this state or any other state or 31 foreign jurisdiction, including any subsidiary directly or indirectly 32 controlled by the business entity, and any political organization, 33 including but not limited to any political organization organized under 34 section 527 of the Internal Revenue Code, that is directly or indirectly 35 controlled by the business entity; 36 c. "immediate family" means any spouse or child of an individual or 37 any financially dependent relatives who reside in the individual's 38 household; 39 d. "housekeeping account" means an account maintained by a party 40 committee or constituted committee from which expenditures are made to 41 maintain a permanent headquarters and staff and carry on ordinary party 42 activities which are not for the express purpose of promoting the candi- 43 dacy of specific candidates; 44 e. "candidate for state office" means a candidate for the following 45 state offices: governor, lieutenant governor, attorney general, comp- 46 troller, senator, and member of the assembly; and 47 f. "personal business transaction" means transactions for services 48 offered by the elected official in his or her capacity as a private 49 citizen to any member of the public. 50 2. The following persons and business entities who make a contribution 51 to a candidate for state office, a political committee working directly 52 or indirectly to aid or participate in such candidate's nomination or 53 election, a political committee established or controlled by such candi- 54 date, or a state or local committee of a political party, including a 55 housekeeping account, shall file reports as required by subdivision 56 three of this section with the board of elections within seven calendarS. 940 3 1 days after the date of a contribution made within thirty-six days of an 2 election, or, for contributions made at any other time, within thirty- 3 six days of the date of the contribution or the date of any applicable 4 contract, whichever occurs later: 5 a. any person, organization, group of persons, or business entity that 6 has received, in a calendar year fifty thousand dollars or more through 7 contracts from the state or any state-appointed entity with contracting 8 power; 9 b. any person who owns more than ten percent of a business entity that 10 is described in paragraph a of this subdivision; 11 c. any person employed by an organization, group, or business entity 12 described in paragraph a of this subdivision who holds a senior manage- 13 ment position as defined by the state ethics commission; 14 d. the immediate family member of a person who is described in para- 15 graph a, b or c of this subdivision; or 16 e. any political committee established or controlled by a person, 17 organization, group of persons or business entity described in paragraph 18 a, b, c and d of this subdivision. 19 3. The board of elections shall prescribe forms and procedures for the 20 reporting required in subdivision two of this section which, at a mini- 21 mum, shall require the electronic filing of the following information: 22 a. the name, address, employer and the name of spouse of the person 23 making the contribution and the name of the spouse's employer; 24 b. the name of the candidate, political committee, or state or local 25 committee of a political party, including a housekeeping account, 26 receiving the contribution; 27 c. the amount of the contract with the state or other entity defined 28 in paragraph a of subdivision two of this section, and the dates and 29 other information identifying each contract for services or goods; and 30 d. if an organization, group of persons, or business entity is making 31 the contribution: 32 (i) the names and business addresses of all persons who own more than 33 ten percent of the organization, group or entity; or 34 (ii) the names and business addresses of all persons employed by the 35 organization, group, or business entity who hold a senior management 36 position as defined by the commission on governmental ethics. 37 4. The board of elections shall maintain completed forms and reports 38 described in subdivision two of this section for public inspection both 39 at the board of elections office and through the board of elections 40 electronic filing system for campaign finance disclosure (EFS). 41 5. From twelve months after a bid or proposal to the relevant agency 42 or contracting authority for a contract described in subdivision two of 43 this section and either twelve months after completion of the applicable 44 contract, or upon completion of the applicable elected official's term 45 in office, whichever is longer, it shall be unlawful for any person, 46 organization, group of persons or business entity described in para- 47 graphs a, b, c and d or e of subdivision two of this section to: 48 a. make contributions to a candidate for state office, any political 49 committee working directly or indirectly to aid or participate in such 50 candidate's nomination or election, or any other political committee 51 established or controlled by such candidate that exceed the following 52 amounts per election for the following offices: 53 (i) governor: five hundred dollars; 54 (ii) lieutenant governor: five hundred dollars; 55 (iii) comptroller: five hundred dollars; 56 (iv) attorney general: five hundred dollars;S. 940 4 1 (v) senator: three hundred fifty dollars; or 2 (vi) member of assembly: two hundred fifty dollars; 3 b. make contributions to: 4 (i) political committees working directly or indirectly to aid or 5 participate in the nomination or election of a candidate for the offices 6 described in subparagraphs (i), (ii), (iii), (iv), (v) and (vi) of para- 7 graph a of this subdivision, or other political committees established 8 or controlled by a candidate for the offices described in subparagraphs 9 (i), (ii), (iii), (iv), (v) and (vi) of paragraph a of this subdivision 10 that in the aggregate exceed four thousand dollars per election; or 11 (ii) state or local committees of a political party, or any house- 12 keeping account, in an amount greater than one thousand dollars per 13 election, and in an aggregate to all state or local committees of poli- 14 tical parties in an aggregate that exceeds two thousand dollars per 15 election; 16 c. solicit a contribution on behalf of, or transmit a contribution on 17 behalf of another to: 18 (i) a candidate for any of the offices for which contributions are 19 limited under paragraph a of this subdivision; 20 (ii) any political committee working directly or indirectly to aid or 21 participate in the nomination or election of a candidate for office for 22 which their contributions are limited in paragraph a of this subdivi- 23 sion, or any other political committee established or controlled by a 24 candidate for the offices for which their contributions are limited 25 under paragraph a of this subdivision; 26 (iii) a state or local committee of a political party including a 27 housekeeping account; 28 d. participate in any fund-raising activities for: 29 (i) a candidate for any of the offices for which contributions are 30 limited under paragraph a of this subdivision; 31 (ii) any political committee working directly or indirectly to aid or 32 participate in the nomination or election of a candidate for office for 33 which their contributions are limited in paragraph a of this subdivi- 34 sion, or any other political committee established or controlled by a 35 candidate for the offices for which their contributions are limited 36 under paragraph a of this subdivision; 37 (iii) a state or local committee of a political party, including a 38 housekeeping account; 39 e. serve as chairperson, treasurer, or any other officer of: 40 (i) any political committee working directly or indirectly to aid or 41 participate in the nomination or election of a candidate for office for 42 which their contributions are limited under paragraph a of this subdivi- 43 sion; or 44 (ii) any other political committee established or controlled by a 45 candidate for which their contributions are limited under paragraph a of 46 this subdivision; 47 f. conduct personal business transactions in an amount over two thou- 48 sand dollars in any calendar year with a public official holding the 49 offices for which their contributions are limited under paragraph a of 50 this subdivision; 51 g. deliver to any conduit or intermediary any contribution earmarked 52 for a particular candidate for the offices for which their contributions 53 are limited under paragraph a of this subdivision, or any committee 54 working directly or indirectly to aid or participate in such candidate's 55 nomination or election, or any other political committee established or 56 controlled by such candidate; orS. 940 5 1 h. knowingly take any step to circumvent the restrictions in this 2 subdivision. 3 i. the provisions of this section shall not apply for a contractor 4 making a contribution, or any disclosure thereof required by this arti- 5 cle, in any calendar year in which such contractor receives funds 6 disbursed by the state or any instrumentality thereof pursuant to a 7 federal statute, rule or regulation that would render the state or such 8 instrumentality or contractor ineligible to receive such funds by virtue 9 of the operation of this section. 10 This subdivision shall not be applicable to contributions made by any 11 person, organization, group of persons or business entity at a time when 12 the person, organization, group of persons or business entity did not 13 meet the descriptions of paragraphs a, b, c, d and e of subdivision two 14 of this section. 15 6. The state or any state department, public entity or authority with 16 contract-making power shall not enter into an agreement or otherwise 17 contract to procure services or any material, supplies or equipment, or 18 to acquire, sell, or lease any land or building from any person, organ- 19 ization, group of persons or business entity described in paragraphs a, 20 b, c and d of subdivision two of this section who has made a contrib- 21 ution prohibited in subdivision five of this section. This subdivision 22 shall not be applicable to contributions made by any person, organiza- 23 tion, group of persons or business entity at a time when the person, 24 organization, group of persons or business entity did not meet the 25 descriptions of paragraph a, b, c, d or e of subdivision two of this 26 section. Nothing in this section shall impair the power of the state or 27 any instrumentality thereof to enter into a contract with any contractor 28 where federal funds would support the payment or performance of such 29 contract and a federal statute, rule or regulation would render the 30 state or such instrumentality or contractor ineligible to receive such 31 funds by virtue of the operation of this section. 32 7. Every contract and bid application and specifications promulgated 33 by the state or any state department, public entity or authority with 34 contract-making power shall contain a provision describing the require- 35 ments of section 14-116 of this article. 36 8. Before entering into any agreement or any other contract to procure 37 from any person, organization, group of persons or business entity 38 services or any material, supplies or equipment, or to acquire, sell, or 39 lease any land or building, the state or any state department, public 40 entity or authority with contract-making power shall receive a sworn 41 statement from the contractor, made under penalty of perjury, that the 42 bidder or offerer has not made a contribution in violation of this 43 section. 44 9. No candidate for state office shall accept campaign contributions 45 from a person, organization, group of persons or business entity 46 described in paragraph a, b, c, d or e of subdivision two of this 47 section in an amount exceeding those permitted in paragraph a of subdi- 48 vision five of this section for twelve months after completion of the 49 applicable contract, or the remainder of the candidate's term in office, 50 whichever is longer. This subdivision shall not be applicable to 51 contributions made by any person, organization, group of persons or 52 business entity at a time when the person, organization, group of 53 persons or business entity did not meet the descriptions of paragraph a, 54 b, c, d or e of subdivision two of this section. 55 10. No public official holding any of the offices listed in paragraph 56 a of subdivision five of this section shall conduct personal businessS. 940 6 1 transactions in an amount over two thousand dollars in any calendar year 2 with any person, organization, group of persons or business entity 3 described in paragraphs a, b, c and d of subdivision two of this 4 section. 5 11. This section shall not prohibit any person from informing any 6 other person of a position taken by a public official or a candidate for 7 public office. 8 12. The provisions of subdivisions two and five of this section shall 9 not apply to the campaign of any person described in paragraph a, b, c 10 or d of subdivision two of this section who is a candidate for any of 11 those offices listed in paragraph a of subdivision five of this section. 12 § 14-136. Commissioning authorities and licensing authorities. The 13 following persons shall not be appointed to a state public board or 14 commission which has the authority to award or audit any public 15 contract: 16 1. a lobbyist registered under section one-e of the legislative law; 17 2. any person or business entity who, in the previous two years, has 18 received fifty thousand dollars or more through one or more contracts 19 from the state or any state-appointed entity with contracting power; 20 3. any person who owns more than ten percent of a business entity that 21 is described in subdivision two of this section; 22 4. any person employed by an organization, group, or business entity 23 described in subdivision two of this section who holds a senior manage- 24 ment position as defined by the commission on governmental ethics; or 25 5. an immediate family member of a person described in subdivision 26 one, two, three, or four of this section. 27 § 8. Section 14-130 of the election law, as amended by section 9 of 28 part CC of chapter 56 of the laws of 2015, paragraphs (ix) and (x) of 29 subdivision 3 as amended and paragraph (xi) of subdivision 3 as added by 30 chapter 136 of the laws of 2019, is amended to read as follows: 31 § 14-130. Campaign funds for personal use. 1. Contributions received 32 by a candidate or a political committee may only be expended for [any33lawful purpose. Such funds shall not be converted by any person to a34personal use which is unrelated to a political campaign or the holding35of a public office or party position] bona fide purposes directly 36 related to either: 37 a. promoting the nomination or election of a candidate; or 38 b. performing those duties of public office or party position which 39 are not paid for or eligible for reimbursement by the state or any poli- 40 tical subdivision or private party. 41 2. Permissible ordinary and necessary expenses relating to the holding 42 of public office or party position shall include: 43 a. production and circulation of flyers or other written materials 44 related to duties of officeholder; the placement of holiday greetings 45 and congratulatory ads and memorial notices in local newspapers, maga- 46 zines, journals or other publication; 47 b. sponsorship or hosting of community meetings; tickets or donations 48 to local charitable, non-profit or political events, organizations or 49 activities that promote the welfare of constituents or political 50 campaigns; 51 c. incidental expenditures for the operation of legislative offices, 52 including purchase of items such as memorial or get-well gifts, flowers 53 or similar items of nominal value for constituents or others; 54 d. membership in organizations related to official duties and costs of 55 attending informational meetings attended in connection with such 56 duties; andS. 940 7 1 e. travel related to duties of office, provided that the travel is not 2 undertaken for any purpose resulting in a personal or financial benefit 3 to the candidate or officeholder. If such expenses involve both personal 4 activity and campaign or official activities, the incremental expenses 5 associated with the personal activities are personal uses unless the 6 campaign is reimbursed for such sums from other than campaign funds 7 within thirty days of the expenditure. 8 Nothing in this section shall prohibit a candidate from purchasing 9 office equipment with personal funds and leasing or renting such equip- 10 ment or property to a committee working with or for the candidate, 11 provided the candidate or the campaign treasurer sign a written lease or 12 rental agreement and files it with the appropriate required campaign 13 financial filing which shall include the lease or rental price which 14 shall not exceed the fair lease or rental value of the equipment or in 15 the aggregate exceed the cost of its purchase. 16 3. Campaign funds shall not be converted to personal use, which shall 17 be defined as expenditures that: 18 a. are for the personal benefit of or to defray normal living expenses 19 of the candidate, officeholder, immediate family or partner of either or 20 any other person; 21 b. are used to fulfill any commitment, obligation, or expense that 22 would exist irrespective of the candidate's campaign or duties as an 23 officeholder; or 24 c. are put to any use for which the candidate or officeholder would be 25 required to treat the amount of the expenditure as gross income under 26 section 61 of the Internal Revenue Code. 27 4. Expenditures for personal use shall also include, but are not 28 limited to, expenditures for: 29 a. residential or household items, supplies, maintenance or other 30 expenditures, including mortgage, rent, utilities, repairs, or improve- 31 ments for any part of any personal residence of a candidate or office- 32 holder, his or her immediate family or partner; 33 b. rent or utility payments that exceed fair market value for use of 34 any part of any non-residential property owned by a candidate, or a 35 member of a candidate's family or partner used for campaign purposes; 36 c. salary and other fees for bona fide services to a campaign or 37 legislative office that exceed fair and reasonable market value of such 38 services; 39 d. interest or any other finance charges for monies loaned to the 40 campaign by the candidate or the spouse or partner of such candidate; 41 e. tuition payments; 42 f. dues, fees, or gratuities at private clubs, recreational facilities 43 or other nonpolitical organizations, unless connected to a specific 44 widely attended fundraising event that takes place on the organization's 45 premises; 46 g. automobile purchases or long term leases; short term car rentals 47 and cellular equipment and services not used exclusively for campaign 48 purposes or duties as an officeholder; 49 h. admission to sporting events, concerts, theaters, or other forms of 50 entertainment, unless part of a specific campaign or officeholder 51 related activity; and 52 i. payment of any fines, fees, or penalties assessed pursuant to this 53 chapter. 54 5. No campaign funds shall be used to pay attorney's fees or any costs 55 of defending against any civil or criminal investigation or prosecution 56 for alleged violations of state or federal law alleged to have beenS. 940 8 1 committed while holding public office or as a candidate for office where 2 the candidate or public or party official, members of their immediate 3 families or partners or the campaign is the target of such investigation 4 or prosecution unless such expenditure is used exclusively for costs 5 related to civil or criminal actions for alleged violations related to 6 activities promoting the nomination or election of a candidate. 7 [2.] 6. No contribution shall be used to pay interest or any other 8 finance charges upon monies loaned to the campaign by such candidate or 9 the spouse of such candidate. 10 [3.] 7. For the purposes of this section, contributions "converted by 11 any person to a personal use" are expenditures that are exclusively for 12 the personal benefit of the candidate or any other individual, not in 13 connection with a political campaign or the holding of a public office 14 or party position. "Converted by any person to a personal use", when 15 meeting the definition in this subdivision, shall include, but not be 16 limited to, expenses for the following: 17 (i) any residential or household items, supplies or expenditures, 18 including mortgage, rent or utility payments for any part of any 19 personal residence of a candidate or officeholder or a member of the 20 candidate's or officeholder's family that are not incurred as a result 21 of, or to facilitate, the individual's campaign, or the execution of his 22 or her duties of public office or party position. In the event that any 23 property or building is used for both personal and campaign use or as 24 part of the execution of his or her duties of public office or party 25 position, personal use shall constitute expenses that exceed the pro- 26 rated amount for such expenses based on fair-market value. 27 (ii) mortgage, rent, or utility payments to a candidate or officehold- 28 er for any part of any non-residential property that is owned by a 29 candidate or officeholder or a member of a candidate's or officeholder's 30 family and used for campaign purposes, to the extent the payments exceed 31 the fair market value of the property's usage for campaign activities; 32 (iii) clothing, other than items that are used in the campaign or in 33 the execution of the duties of public office or party position; 34 (iv) tuition payments unrelated to a political campaign or the holding 35 of a public office or party position; 36 (v) salary payments or other compensation provided to any person for 37 services where such services are not solely for campaign purposes or 38 provided in connection with the execution of the duties of public office 39 or party position; 40 (vi) salary payments or other compensation provided to a member of a 41 candidate's family, unless the family member is providing bona fide 42 services to the campaign. If a family member provides bona fide services 43 to a campaign, any salary payments or other compensation in excess of 44 the fair market value of the services provided shall be considered 45 payments for personal use; 46 (vii) admission to a sporting event, concert, theater, or other form 47 of entertainment, unless such event is part of, or in connection with, a 48 campaign or is related to the holding of public office or party posi- 49 tion; 50 (viii) payment of any fines or penalties assessed against the candi- 51 date pursuant to this chapter or in connection with a criminal 52 conviction or by the joint commission for public ethics pursuant to 53 section ninety-four of the executive law or sections seventy-three or 54 seventy-three-a of the public officers law or the legislative ethics 55 commission pursuant to section eighty of the legislative law;S. 940 9 1 (ix) dues, fees, or gratuities at a country club, health club, recre- 2 ational facility or other entities with a similar purpose, unless they 3 are expenses connected with a specific fundraising event or activity 4 associated with a political campaign or the holding of public office or 5 party position that takes place on the organization's premises; 6 (x) travel expenses including automobile purchases or leases, unless 7 used for campaign purposes or in connection with the execution of the 8 duties of public office or party position and usage of such vehicle 9 which is incidental to such purposes or the execution of such duties; 10 and 11 (xi) childcare expenses, other than expenses incurred in the campaign 12 or in the execution of the duties of public office or party position. 13 [4.] 8. Nothing in this section shall prohibit a candidate from 14 purchasing equipment or property from his or her personal funds and 15 leasing or renting such equipment or property to a committee working 16 directly or indirectly with him to aid or participate in his or her 17 nomination or election, including an exploratory committee, provided 18 that the candidate and his or her campaign treasurer sign a written 19 lease or rental agreement. Such agreement shall include the lease or 20 rental price, which shall not exceed the fair lease or rental value of 21 the equipment. The candidate shall not receive lease or rental payments 22 which, in the aggregate, exceed the cost of purchasing the equipment or 23 property. 24 [5.] 9. Nothing in this section shall prohibit an elected public 25 officeholder from using campaign contributions to facilitate, support, 26 or otherwise assist in the execution or performance of the duties of his 27 or her public office. 28 [6.] 10. The state board of elections shall issue advisory opinions 29 upon request regarding expenditures that may or may not be considered 30 personal use of contributions. Any formal or informal advisory opinions 31 issued by a majority vote of the commissioners of the state board of 32 elections shall be binding on the board, the chief enforcement counsel 33 established by subdivision three-a of section 3-100 of this chapter, and 34 in any subsequent civil or criminal action or proceeding or administra- 35 tive proceeding. 36 § 9. The election law is amended by adding a new section 14-138 to 37 read as follows: 38 § 14-138. Disposition of campaign funds. 1. An authorized continuing 39 candidate committee must dispose of all funds and close within four 40 years after the later of (a) the end of the individual's most recent 41 term of office, or (b) the date of the election in which the individual 42 last was a filed candidate. 43 2. Any candidate or political committee required to dispose of funds 44 pursuant to this section shall, at the option of the candidate, or the 45 treasurer of a political committee formed solely to promote the passage 46 or defeat of a ballot proposal, dispose of such funds by any of the 47 following means, or any combination thereof: 48 a. returning, pro rata, to each contributor the funds that have not 49 been spent or obligated; 50 b. donating the funds to a charitable organization or organizations 51 that meet the qualifications of section 501(c)(3) of the Internal Reven- 52 ue Code; 53 c. donating the funds to the state university; 54 d. donating the funds to the state's general fund; 55 e. transferring the funds to a political party committee registered 56 with the state board of elections; orS. 940 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 article. 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 § 9-a. Sections 14-134, 14-136 and 14-138 of the election law as added 12 by sections seven and nine of this act are designated title I of article 13 14 of the election law. 14 § 10. Subdivision 1 of section 14-102 of the election law, as amended 15 by chapter 8 and redesignated by chapter 9 of the laws of 1978, is 16 amended to read as follows: 17 1. The treasurer of every political committee which, or any officer, 18 member or agent of any such committee who, in connection with any 19 election, receives or expends any money or other valuable thing or 20 incurs any liability to pay money or its equivalent shall file state- 21 ments sworn, or subscribed and bearing a form notice that false state- 22 ments made therein are punishable as a class A misdemeanor pursuant to 23 section 210.45 of the penal law, at the times prescribed by this article 24 setting forth all the receipts, contributions to and the expenditures by 25 and liabilities of the committee, and of its officers, members and 26 agents in its behalf. Such statements shall include the dollar amount of 27 any receipt, contribution or transfer, or the fair market value of any 28 receipt, contribution or transfer, which is other than of money, the 29 name and address of the transferor, contributor or person from whom 30 received, if the contributor is a lobbyist registered pursuant to arti- 31 cle one-A of the legislative law and if the transferor, contributor or 32 person is a political committee; the name of and the political unit 33 represented by the committee, the date of its receipt, the dollar amount 34 of every expenditure, the name and address of the person to whom it was 35 made or the name of and the political unit represented by the committee 36 to which it was made and the date thereof, and shall state clearly the 37 purpose of such expenditure. Any statement reporting a loan shall have 38 attached to it a copy of the evidence of indebtedness. Expenditures in 39 sums under fifty dollars need not be specifically accounted for by sepa- 40 rate items in said statements, and receipts and contributions aggregat- 41 ing not more than ninety-nine dollars, from any one contributor need not 42 be specifically accounted for by separate items in said statements, 43 provided however, that such expenditures, receipts and contributions 44 shall be subject to the other provisions of section 14-118 of this arti- 45 cle. 46 § 11. Subdivision 3 of section 74 of the public officers law is 47 amended by adding a new paragraph j to read as follows: 48 j. No officer or employee of a state agency required to file an annual 49 statement of financial disclosure pursuant to section seventy-three-a of 50 this article shall solicit or receive contributions for a campaign for 51 state or federal office. 52 § 12. This act shall take effect on the first of January next succeed- 53 ing the date on which it shall have become a law; provided that section 54 14-134 of the election law as added by section seven of this act shall 55 take effect two years after such effective date; and provided further 56 that sections eight, nine, ten and eleven of this act shall take effectS. 940 11 1 on the sixtieth day after it shall have become a law; provided, however, 2 that the state board of elections shall notify all registered campaign 3 committees of the applicable provisions of sections eight, nine, ten and 4 eleven of this act within thirty days after this act shall have become a 5 law; provided further, section 9-a of this act shall take effect on the 6 same date in the same manner as section 2 of part ZZZ of chapter 58 of 7 the laws of 2020, takes effect.
