S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7870
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 28, 2015
                                      ___________
       Introduced by M. of A. LENTOL, O'DONNELL, KAMINSKY -- (at request of the
         Department  of  Law)  --  read  once  and referred to the Committee on
         Election Law
       AN ACT to amend the penal law, in relation to undisclosed  self-dealing;
         to  amend  the  penal  law, in relation to the descriptions of certain
         bribery offenses and defenses; to amend the executive law, in relation
         to the jurisdiction of the attorney general (Part  A);  to  amend  the
         retirement  and social security law, in relation to removal of pension
         and retirement benefits from persons convicted of certain felonies; to
         amend the legislative law, in relation to prohibiting members  of  the
         state  legislature  from receiving earned income from any source other
         then the state; to amend the legislative law, in relation to per  diem
         allowances  to  members of the legislature; to amend part E of chapter
         60 of the laws of 2015 establishing a commission on legislative, judi-
         cial and executive compensation, in relation to salaries of members of
         the legislature (Part B); and to amend the election law,  in  relation
         to  campaign  receipts and expenditures and public financing; to amend
         the election law, in relation to contributions from limited  liability
         companies;  to  amend the election law, in relation to monies received
         and expenditures made by a party committee or  constituted  committee;
         to  amend  the  election  law,  in  relation  to  restricting campaign
         contributions by those with business relationships with the state  and
         in  relation  to imposing contribution and receipt limits with respect
         to monies received and  expenditures  made  by  party  committees  and
         constituted committees; to amend the state finance law, in relation to
         the New York state campaign finance fund; and to amend the tax law, in
         relation  to  the  New  York state campaign finance fund; to amend the
         legislative law, in relation to  restrictions  on  political  contrib-
         utions  from  lobbyists;  to  amend  the  election law, in relation to
         restricting campaign funds for personal use (Part C)
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11348-03-5
       A. 7870                             2
    1    Section  1. This act shall be known as the End New York Corruption Now
    2  Act.
    3    S  2. This act enacts into law major components which are necessary to
    4  enact ethics reform for public officials, reform  the  campaign  finance
    5  system  and  expand  law  enforcement tools to combat public corruption.
    6  Each component is wholly contained within a Part identified as  Parts  A
    7  through  C.  The  effective date for each particular provision contained
    8  within such Part is set forth in the last  section  of  such  Part.  Any
    9  provision  in  any section contained within a Part, including the effec-
   10  tive date of the Part, which makes a reference to  a  section  "of  this
   11  act",  when  used in connection with that particular component, shall be
   12  deemed to mean and refer to the corresponding section  of  the  Part  in
   13  which  it  is  found.  Section  four  of this act sets forth the general
   14  effective date of this act.
   15                                   PART A
   16    Section 1. The penal law is amended by adding two new sections  195.30
   17  and 195.35 to read as follows:
   18  S 195.30 UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE.
   19    A  PERSON  IS  GUILTY OF UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE
   20  WHEN, BEING A PUBLIC SERVANT, HE OR SHE INTENTIONALLY ENGAGES IN CONDUCT
   21  OR A COURSE OF CONDUCT IN HIS OR HER  OFFICIAL  CAPACITY  IN  CONNECTION
   22  WITH  THE  AWARD OF A PUBLIC CONTRACT OR PUBLIC GRANT OR OTHER EFFORT TO
   23  OBTAIN OR RETAIN PUBLIC BUSINESS OR PUBLIC FUNDS  THAT  IS  INTENDED  TO
   24  CONFER  AN  UNDISCLOSED  BENEFIT ON HIMSELF, HERSELF, A SPOUSE, DOMESTIC
   25  PARTNER, CHILD, PARENT, OR SIBLING OF THE PUBLIC SERVANT, A PERSON  WITH
   26  WHOM A PUBLIC SERVANT HAS A BUSINESS OR OTHER FINANCIAL RELATIONSHIP, OR
   27  A  FIRM  IN WHICH THE PUBLIC SERVANT HAS A PRESENT OR POTENTIAL INTEREST
   28  AND THEREBY OBTAINS  OR  ATTEMPTS  TO  OBTAIN  A  BENEFIT  FOR  HIMSELF,
   29  HERSELF,  A  SPOUSE,  DOMESTIC PARTNER, CHILD, PARENT, OR SIBLING OF THE
   30  PUBLIC SERVANT, A PERSON WITH WHOM A PUBLIC SERVANT HAS  A  BUSINESS  OR
   31  OTHER  FINANCIAL RELATIONSHIP, OR A FIRM IN WHICH THE PUBLIC SERVANT HAS
   32  A PRESENT OR POTENTIAL INTEREST WITH A VALUE IN EXCESS OF THREE THOUSAND
   33  DOLLARS. A BENEFIT IS DISCLOSED IF ITS EXISTENCE IS MADE KNOWN PRIOR  TO
   34  THE  ALLEGED  WRONGFUL CONDUCT TO EITHER (I) THE RELEVANT STATE OR LOCAL
   35  ETHICS COMMISSION OR (II) THE OFFICIAL RESPONSIBLE FOR THE PUBLIC  SERV-
   36  ANT'S  APPOINTMENT TO HIS OR HER POSITION, PROVIDED THAT PERSON IS NOT A
   37  PARTICIPANT IN THE ALLEGED WRONGFUL CONDUCT.
   38    UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE IS A CLASS D FELONY.
   39  S 195.35 UNDISCLOSED SELF-DEALING IN THE FIRST DEGREE.
   40    A PERSON IS GUILTY OF UNDISCLOSED SELF-DEALING  IN  THE  FIRST  DEGREE
   41  WHEN, BEING A PUBLIC SERVANT, HE OR SHE INTENTIONALLY ENGAGES IN CONDUCT
   42  OR  A  COURSE  OF  CONDUCT IN HIS OR HER OFFICIAL CAPACITY IN CONNECTION
   43  WITH THE AWARD OF A PUBLIC CONTRACT OR PUBLIC GRANT OR OTHER  EFFORT  TO
   44  OBTAIN  OR  RETAIN  PUBLIC  BUSINESS OR PUBLIC FUNDS THAT IS INTENDED TO
   45  CONFER AN UNDISCLOSED BENEFIT ON HIMSELF, HERSELF,  A  SPOUSE,  DOMESTIC
   46  PARTNER,  CHILD, PARENT, OR SIBLING OF THE PUBLIC SERVANT, A PERSON WITH
   47  WHOM A PUBLIC SERVANT HAS A BUSINESS OR OTHER FINANCIAL RELATIONSHIP, OR
   48  A FIRM IN WHICH THE PUBLIC SERVANT HAS A PRESENT OR  POTENTIAL  INTEREST
   49  AND  THEREBY  OBTAINS  OR  ATTEMPTS  TO  OBTAIN  A  BENEFIT FOR HIMSELF,
   50  HERSELF, A SPOUSE, DOMESTIC PARTNER, CHILD, PARENT, OR  SIBLING  OF  THE
   51  PUBLIC  SERVANT,  A  PERSON WITH WHOM A PUBLIC SERVANT HAS A BUSINESS OR
   52  OTHER FINANCIAL RELATIONSHIP, OR A FIRM IN WHICH THE PUBLIC SERVANT  HAS
   53  A  PRESENT  OR POTENTIAL INTEREST WITH A VALUE IN EXCESS OF TEN THOUSAND
   54  DOLLARS. A BENEFIT IS DISCLOSED IF ITS EXISTENCE IS MADE KNOWN PRIOR  TO
       A. 7870                             3
    1  THE  ALLEGED  WRONGFUL CONDUCT TO EITHER (I) THE RELEVANT STATE OR LOCAL
    2  ETHICS COMMISSION OR (II) THE OFFICIAL RESPONSIBLE FOR THE PUBLIC  SERV-
    3  ANT'S  APPOINTMENT TO HIS OR HER POSITION, PROVIDED THAT PERSON IS NOT A
    4  PARTICIPANT IN THE ALLEGED WRONGFUL CONDUCT.
    5    UNDISCLOSED SELF-DEALING IN THE FIRST DEGREE IS A CLASS C FELONY.
    6    S 2. Section 200.00 of the penal law, as amended by chapter 833 of the
    7  laws of 1986, is amended to read as follows:
    8  S 200.00 Bribery in the third degree.
    9    A  person  is  guilty  of  bribery  in the third degree when he OR SHE
   10  confers, or offers or agrees to confer, any benefit upon a public  serv-
   11  ant  [upon an agreement or understanding that] WITH THE INTENT TO INFLU-
   12  ENCE such public servant's vote, opinion, judgment, action, decision  or
   13  exercise of discretion as a public servant [will thereby be influenced].
   14    Bribery in the third degree is a class D felony.
   15    S  3.  Section  200.03  of  the penal law, as amended by section 18 of
   16  subpart A of part H of chapter 55 of the laws of  2014,  is  amended  to
   17  read as follows:
   18  S 200.03 Bribery in the second degree.
   19    A  person  is  guilty  of  bribery in the second degree when he OR SHE
   20  confers, or offers or agrees to confer, any benefit valued in excess  of
   21  five thousand dollars upon a public servant [upon an agreement or under-
   22  standing  that] WITH THE INTENT TO INFLUENCE such public servant's vote,
   23  opinion, judgment, action, decision  or  exercise  of  discretion  as  a
   24  public servant [will thereby be influenced].
   25    Bribery in the second degree is a class C felony.
   26    S  4.  Section  200.04  of  the penal law, as amended by section 19 of
   27  subpart A of part H of chapter 55 of the laws of  2014,  is  amended  to
   28  read as follows:
   29  S 200.04 Bribery in the first degree.
   30    A  person  is  guilty  of  bribery in the first degree when the person
   31  confers, or offers or agrees to confer: (1) any benefit  upon  a  public
   32  servant  [upon  an  agreement  or understanding that] WITH THE INTENT TO
   33  INFLUENCE such public servant's vote, opinion, judgment,  action,  deci-
   34  sion  or  exercise  of  discretion  as a public servant [will thereby be
   35  influenced] in the  investigation,  arrest,  detention,  prosecution  or
   36  incarceration  of any person for the commission or alleged commission of
   37  a class A felony defined in article two hundred twenty of this  part  or
   38  an  attempt to commit any such class A felony; or (2) any benefit valued
   39  in excess of one hundred thousand dollars upon a public servant [upon an
   40  agreement or understanding that]  WITH  THE  INTENT  TO  INFLUENCE  such
   41  public  servant's  vote, opinion, judgment, action, decision or exercise
   42  of discretion as a public servant [will thereby be influenced].
   43    Bribery in the first degree is a class B felony.
   44    S 5. Section 200.05 of the penal law is amended to read as follows:
   45  S 200.05 Bribery; defense.
   46    In any prosecution for bribery[,]:  (1)  it  is  a  defense  that  the
   47  defendant  conferred  or  agreed to confer the benefit involved upon the
   48  public servant involved as a result of conduct of the latter  constitut-
   49  ing larceny committed by means of extortion, or an attempt to commit the
   50  same,  or  coercion,  or an attempt to commit coercion[.]; AND (2) IT IS
   51  ALSO A DEFENSE THAT THE BENEFIT THAT THE DEFENDANT CONFERRED, OR OFFERED
   52  OR AGREED TO CONFER, UPON THE PUBLIC SERVANT WAS A  LEGITIMATE  CAMPAIGN
   53  CONTRIBUTION,  UNLESS  SUCH  CONTRIBUTION  WAS MADE UPON AN AGREEMENT OR
   54  UNDERSTANDING  THAT  SUCH  PUBLIC  SERVANT'S  VOTE,  OPINION,  JUDGMENT,
   55  ACTION,  DECISION  OR  EXERCISE  OF DISCRETION AS A PUBLIC SERVANT WOULD
   56  THEREBY BE INFLUENCED.
       A. 7870                             4
    1    S 6. Section 63 of the executive law is amended by adding a new subdi-
    2  vision 3-a to read as follows:
    3    3-A.  INVESTIGATE,  TO THE EXTENT THAT THE ATTORNEY GENERAL DEEMS JUST
    4  AND PROPER, THE ALLEGED COMMISSION OF ANY INDICTABLE OFFENSE OR OFFENSES
    5  IN VIOLATION OF LAW (I) ARISING UNDER SECTION  195.00,  SECTION  195.20,
    6  ARTICLE  TWO  HUNDRED,  OR  ARTICLE FOUR HUNDRED NINETY-SIX OF THE PENAL
    7  LAW; OR (II) INVOLVING LARCENY FROM OR AN INTENT TO DEFRAUD  THE  STATE,
    8  ANY  POLITICAL  SUBDIVISION,  PUBLIC AUTHORITY, OR PUBLIC BENEFIT CORPO-
    9  RATION OF THE STATE; OR (III) COMMITTED BY OR IN CONCERT WITH  A  PUBLIC
   10  SERVANT RELATING TO HIS OR HER PUBLIC OFFICE, AS THOSE TERMS ARE USED IN
   11  THE  PENAL  LAW;  AND  WHERE APPROPRIATE PROSECUTE THE PERSON OR PERSONS
   12  BELIEVED TO HAVE COMMITTED THE SAME AND ANY CRIME OR OFFENSE ARISING OUT
   13  OF SUCH INVESTIGATION OR PROSECUTION OR BOTH, INCLUDING BUT NOT  LIMITED
   14  TO APPEARING BEFORE AND PRESENTING ALL SUCH MATTERS TO A GRAND JURY.
   15    S  7.  This act shall take effect immediately, provided, however that:
   16  sections one, two, three, four and five of this act shall take effect on
   17  the ninetieth day after it shall have become a law.
   18                                   PART B
   19    Section 1. Paragraphs (h), (i), and (j) of subdivision  8  of  section
   20  157  of the retirement and social security law, as amended by section 13
   21  of part CC of chapter 56 of the laws of 2015, are  amended  to  read  as
   22  follows:
   23    (h) The proportionality of forfeiture of all or part of the pension to
   24  the crime committed; AND
   25    (i)  [The  years of service in public office by the defendant where no
   26  criminal activity has been found by a court; and
   27    (j)] Any such other factors as, in the judgment of the supreme  court,
   28  justice  may require; PROVIDED HOWEVER, THAT, IN DETERMINING WHETHER THE
   29  PENSION SHALL BE REDUCED OR REVOKED, THE SUPREME COURT SHALL NOT CONSID-
   30  ER THE YEARS OF SERVICE IN PUBLIC OFFICE BY THE DEFENDANT WHERE NO CRIM-
   31  INAL ACTIVITY WAS DETECTED OR  FOUND  BY  A  COURT  OR  APPROPRIATE  LAW
   32  ENFORCEMENT AGENCY.
   33    S  2. Subdivision 10 of section 157 of the retirement and social secu-
   34  rity law, as amended by section 12 of part CC of chapter 56 of the  laws
   35  of 2015, is amended to read as follows:
   36    10. [(a)] Upon a finding by the court by clear and convincing evidence
   37  that the defendant knowingly and intentionally committed a crime related
   38  to  public  office,  the  court  may  issue  an order to the appropriate
   39  retirement system to reduce or revoke the defendant's pension  to  which
   40  he  or  she  is otherwise entitled as such a public official. All orders
   41  and findings made by the court pursuant to this section shall be  served
   42  by  the  attorney  general  or the district attorney, as the case may be
   43  upon the chief administrator of the defendant's  retirement  system  and
   44  the defendant.
   45    [(b)  If  the  court issues an order pursuant to paragraph (a) of this
   46  subdivision, the court shall order payment of a portion of such  pension
   47  benefit to: (1) the innocent spouse if so requested by such spouse paya-
   48  ble at the time the public official would have been eligible for retire-
   49  ment  if  such  spouse  has not otherwise waived, in writing, his or her
   50  right to such benefit; and (2) innocent minor children and other  depen-
   51  dents pursuant to law of the public official in an amount that the court
   52  finds  just and proper consistent with the pension benefits to which the
   53  public official would be entitled and  the  portion  of  those  benefits
   54  which would be used for the support of such minor children or dependents
       A. 7870                             5
    1  pursuant  to  law. Such payment to the innocent spouse shall be computed
    2  pursuant to paragraph (c) of this subdivision, and payments pursuant  to
    3  subparagraphs one and two of this paragraph shall be adjusted to reflect
    4  interest  accrued  between  the  time of such conviction and the time of
    5  such payment.
    6    (c) When determining the amount  of  benefits  which  the  defendant's
    7  innocent  spouse  is entitled to receive, the factors contained in para-
    8  graph d of subdivision five of part B of section two hundred  thirty-six
    9  of the domestic relations law shall be considered by the court. However,
   10  when determining such apportionment, the court shall not annul or modify
   11  any prior court order regarding such benefits.]
   12    S  3.  The  legislative  law is amended by adding a new section 5-b to
   13  read as follows:
   14    S 5-B. PROHIBITION OF OUTSIDE EARNED INCOME FOR MEMBERS. 1.  A  MEMBER
   15  OF  THE LEGISLATURE SHALL BE PROHIBITED FROM PERFORMING ANY ACTIVITY FOR
   16  COMPENSATION THAT RESULTS IN OUTSIDE EARNED INCOME, EXCEPT AS AUTHORIZED
   17  BY THIS SECTION.
   18    2. A. FOR PURPOSES OF THIS SECTION, THE TERM "OUTSIDE  EARNED  INCOME"
   19  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, WAGES, SALARIES, FEES AND OTHER
   20  FORMS OF COMPENSATION FOR SERVICES ACTUALLY RENDERED.
   21    B. FOR THE PURPOSES OF THIS SECTION, THE TERM "OUTSIDE EARNED  INCOME"
   22  SHALL NOT INCLUDE:
   23    (1) SALARY, BENEFITS AND ALLOWANCES PAID BY THE STATE;
   24    (2)  INCOME  AND ALLOWANCES ATTRIBUTABLE TO SERVICE IN THE RESERVES OF
   25  THE ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD  OR  OTHER  ACTIVE
   26  MILITARY SERVICE;
   27    (3)  ROYALTIES  FROM THE SALE OF A BOOK, ARTISTIC PERFORMANCE OR OTHER
   28  INTELLECTUAL PROPERTY; PROVIDED, HOWEVER, THAT NO ADVANCE FEES SHALL  BE
   29  PERMITTED; OR
   30    (4)  A  PENSION,  INVESTMENT,  CAPITAL GAINS OR OTHER EARNINGS ACCRUED
   31  FROM PRIOR EMPLOYMENT OR ACTUAL SERVICES RENDERED PRIOR  TO  THE  MEMBER
   32  TAKING OFFICE.
   33    3.  A  MEMBER  OF THE LEGISLATURE WHO KNOWINGLY AND WILLFULLY VIOLATES
   34  THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY IN AN
   35  AMOUNT NOT TO EXCEED FIFTY  THOUSAND  DOLLARS.  ASSESSMENT  OF  A  CIVIL
   36  PENALTY  SHALL  BE  MADE  BY THE JOINT COMMISSION ON PUBLIC ETHICS. SUCH
   37  COMMISSION, MAY, IN LIEU OF OR IN ADDITION TO A CIVIL PENALTY,  REFER  A
   38  VIOLATION TO THE APPROPRIATE PROSECUTOR.
   39    4.  WILLFUL  VIOLATION OF THE PROVISIONS OF THIS SECTION IS PUNISHABLE
   40  AS A CLASS A MISDEMEANOR.
   41    S 4. Subdivision 2 of section 5 of the legislative law,  as  added  by
   42  section  7  of  part CC of chapter 56 of the laws of 2015, is amended to
   43  read as follows:
   44    2. (a) Each member of the legislature, upon  verification  of  attend-
   45  ance,  which  shall  be  by electronic verification when practicable, in
   46  compliance with the policies set forth by the speaker  of  the  assembly
   47  and  the  temporary president of the senate for their respective bodies,
   48  shall be eligible to receive payment  of  actual  and  necessary  travel
   49  expenses  [and a per diem equivalent to the most recent federal per diem
   50  rates published by the general services administration as set  forth  in
   51  41  CFR (Code of Federal Regulations) Part 301, App. A,] for the time in
   52  which the member was in travel status in the performance of his  or  her
   53  duties  during the months in which the legislature is scheduled to be in
   54  regular session. During the months when the legislature is not scheduled
   55  to be in regular session, members shall receive such actual  and  neces-
   56  sary  travel  expenses  [and per diems], in compliance with verification
       A. 7870                             6
    1  policies and in accord with standards and limits for reimbursable events
    2  set forth by the speaker of the assembly and the temporary president  of
    3  the senate for their respective bodies. [The per diem allowances includ-
    4  ing  partial  per  diem allowances shall be made on audit and warrant of
    5  the comptroller on vouchers approved by the temporary president  of  the
    6  senate  or his or her designee and speaker of the assembly or his or her
    7  designee for their respective houses.]
    8    (b) Each house shall make available on its website  all  documentation
    9  otherwise  available  to  the public pursuant to section eighty-eight of
   10  the public officers law related to the payment of travel  expenses  [and
   11  per diems].
   12    S 5. Subdivision 3 of section 2 of part E of chapter 60 of the laws of
   13  2015,  establishing  a commission on legislative, judicial and executive
   14  compensation, is amended to read as follows:
   15    3. In discharging its responsibilities under subdivision two  of  this
   16  section,  the commission shall take into account all appropriate factors
   17  including, but not limited to: the overall economic  climate;  rates  of
   18  inflation; changes in public-sector spending; the levels of compensation
   19  and  non-salary  benefits  received  by  executive  branch officials and
   20  legislators of other states and of the federal government; the levels of
   21  compensation  and  non-salary  benefits  received  by  professionals  in
   22  government,  academia  and  private  and  nonprofit  enterprise; and the
   23  state's ability to fund increases in compensation and  non-salary  bene-
   24  fits.  THE  FIRST  COMMISSION THAT MEETS AFTER THE EFFECTIVE DATE OF THE
   25  CHAPTER OF THE LAWS OF 2015 THAT AMENDED THIS SUBDIVISION  SHALL  RECOM-
   26  MEND  A LEVEL OF COMPENSATION FOR MEMBERS OF THE LEGISLATURE THAT IS NOT
   27  LESS THAN $112,500 AND NOT MORE THAN $174,000. EACH  SUBSEQUENT  COMMIS-
   28  SION  SHALL  RECOMMEND  A SALARY FOR MEMBERS OF THE LEGISLATURE NOT LESS
   29  THAN THE THEN EXISTING COMPENSATION PLUS AN INCREASE  COMMENSURATE  WITH
   30  COST OF LIVING ADJUSTMENTS PROVIDED TO OTHER STATE EMPLOYEES.
   31    S 6. This act shall take effect immediately; provided, however that:
   32    (a)  section two of this act shall take effect on the same date and in
   33  the same manner as part CC of chapter 56  of  the  laws  of  2015  takes
   34  effect; and
   35    (b) section three of this act shall take effect on January 1, 2017.
   36                                   PART C
   37    Section  1.  The  article heading of article 14 of the election law is
   38  amended to read as follows:
   39    [Campaign Receipts and Expenditures] CAMPAIGN  RECEIPTS  AND  EXPENDI-
   40  TURES; PUBLIC FINANCING
   41    S  2. Sections 14-100 through 14-130 of article 14 of the election law
   42  are designated title I and a new title  heading  is  added  to  read  as
   43  follows:
   44                     CAMPAIGN RECEIPTS AND EXPENDITURES
   45    S  3.  Section  14-100  of the election law is amended by adding a new
   46  subdivision 15 to read as follows:
   47    15. "AUTHORIZED COMMITTEE" MEANS THE SINGLE POLITICAL COMMITTEE DESIG-
   48  NATED BY A CANDIDATE TO RECEIVE ALL  CONTRIBUTIONS  AUTHORIZED  BY  THIS
   49  TITLE.
   50    S  4.  Section  3-104  of  the election law is amended by adding a new
   51  subdivision 9 to read as follows:
   52    9. THERE SHALL BE A UNIT KNOWN AS THE STATE BOARD OF ELECTIONS  PUBLIC
   53  FINANCING  UNIT  ESTABLISHED  WITHIN THE STATE BOARD OF ELECTIONS, WHICH
   54  SHALL BE  RESPONSIBLE  FOR  ADMINISTERING  AND,  WITH  THE  DIVISION  OF
       A. 7870                             7
    1  ELECTION  LAW  ENFORCEMENT,  ENFORCING  THE  REQUIREMENTS  OF THE PUBLIC
    2  FINANCING SYSTEM SET FORTH IN TITLE TWO  OF  ARTICLE  FOURTEEN  OF  THIS
    3  CHAPTER.
    4    S  5.  Subdivisions  1  and  10 of section 14-114 of the election law,
    5  subdivision 1 as amended and subdivision 10 as added by  chapter  79  of
    6  the  laws  of 1992 and paragraphs a and b of subdivision 1 as amended by
    7  chapter 659 of the laws of 1994, are amended to read as follows:
    8    1. The following limitations apply to all contributions to  candidates
    9  for election to any public office or for nomination for any such office,
   10  or  for  election  to  any  party positions, and to all contributions to
   11  political committees working directly or indirectly with  any  candidate
   12  to  aid or participate in such candidate's nomination or election, other
   13  than any contributions to any party committee or constituted committee:
   14    a. In any election for a public office to be voted on by the voters of
   15  the entire state, or for nomination to any such office,  no  contributor
   16  may  make a contribution to any candidate or political committee PARTIC-
   17  IPATING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM  AS  DEFINED  IN
   18  TITLE  TWO OF THIS ARTICLE, and no SUCH candidate or political committee
   19  may accept any contribution from any contributor, which is in the aggre-
   20  gate amount greater than:  (i) in the case of any nomination  to  public
   21  office, the product of the total number of enrolled voters in the candi-
   22  date's  party  in the state, excluding voters in inactive status, multi-
   23  plied by $.005, but such amount shall be not [less  than  four  thousand
   24  dollars  nor]  more than [twelve] FIVE thousand dollars [as increased or
   25  decreased by the cost of living adjustment described in paragraph  c  of
   26  this  subdivision,]  and  (ii)  in  the case of any election to [a] SUCH
   27  public office, [twenty-five] FIVE  thousand  dollars  [as  increased  or
   28  decreased  by  the cost of living adjustment described in paragraph c of
   29  this subdivision]; provided however, that the maximum amount  which  may
   30  be  so  contributed  or accepted, in the aggregate, from any candidate's
   31  child, parent, grandparent, brother and sister, and the  spouse  of  any
   32  such  persons,  shall not exceed in the case of any nomination to public
   33  office an amount equivalent to the product of  the  number  of  enrolled
   34  voters  in the candidate's party in the state, excluding voters in inac-
   35  tive status, multiplied by $.025, and in the case of any election for  a
   36  public  office,  an  amount  equivalent  to the product of the number of
   37  registered voters in the state  excluding  voters  in  inactive  status,
   38  multiplied by $.025.
   39    b.  In  any  other  election  for  party position or for election to a
   40  public office or for nomination for any such office, no contributor  may
   41  make  a contribution to any candidate or political committee PARTICIPAT-
   42  ING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM DEFINED IN TITLE TWO
   43  OF THIS ARTICLE (FOR THOSE OFFICES OR POSITIONS COVERED BY THAT  SYSTEM)
   44  and no SUCH candidate or political committee may accept any contribution
   45  from any contributor, which is in the aggregate amount greater than: (i)
   46  in  the  case  of  any election for party position, or for nomination to
   47  public office, the product of the total number of enrolled voters in the
   48  candidate's party in the district in which he is a candidate,  excluding
   49  voters  in  inactive status, multiplied by $.05, and (ii) in the case of
   50  any election for a public office, the product of  the  total  number  of
   51  registered  voters in the district, excluding voters in inactive status,
   52  multiplied by $.05, however in the case of a nomination within the  city
   53  of  New  York  for  the office of mayor, public advocate or comptroller,
   54  such amount shall be not less than four thousand dollars nor  more  than
   55  twelve  thousand dollars as increased or decreased by the cost of living
   56  adjustment described in paragraph [c] E of this subdivision; in the case
       A. 7870                             8
    1  of an election within the city of New York  for  the  office  of  mayor,
    2  public   advocate   or  comptroller,  twenty-five  thousand  dollars  as
    3  increased or decreased by the cost of  living  adjustment  described  in
    4  paragraph  [c]  E  of  this  subdivision; in the case of a nomination OR
    5  ELECTION for state senator, [four] THREE thousand dollars [as  increased
    6  or  decreased  by the cost of living adjustment described in paragraph c
    7  of this subdivision; in the case of an election for state  senator,  six
    8  thousand two hundred fifty dollars as increased or decreased by the cost
    9  of  living  adjustment described in paragraph c of this subdivision]; in
   10  the case of an election or nomination for  a  member  of  the  assembly,
   11  [twenty-five hundred] TWO THOUSAND dollars [as increased or decreased by
   12  the  cost of living adjustment described in paragraph c of this subdivi-
   13  sion; but in no event shall  any  such  maximum  exceed  fifty  thousand
   14  dollars  or  be  less than one thousand dollars]; provided however, that
   15  the maximum amount which may be  so  contributed  or  accepted,  in  the
   16  aggregate,  from any candidate's child, parent, grandparent, brother and
   17  sister, and the spouse of any such persons, shall not exceed in the case
   18  of any election for party position or nomination for  public  office  an
   19  amount  equivalent  to  the number of enrolled voters in the candidate's
   20  party in the district in which he is a candidate,  excluding  voters  in
   21  inactive  status,  multiplied by $.25 and in the case of any election to
   22  public office, an amount equivalent to the number of  registered  voters
   23  in  the  district,  excluding  voters  in inactive status, multiplied by
   24  $.25; or twelve hundred fifty dollars, whichever is greater, or  in  the
   25  case  of  a  nomination  or election of a state senator, twenty thousand
   26  dollars, whichever is greater,  or  in  the  case  of  a  nomination  or
   27  election  of  a  member  of  the  assembly  twelve thousand five hundred
   28  dollars, whichever is greater, but in no event shall  any  such  maximum
   29  exceed one hundred thousand dollars.
   30    C.    IN ANY ELECTION FOR A PUBLIC OFFICE TO BE VOTED ON BY THE VOTERS
   31  OF THE ENTIRE STATE, OR FOR NOMINATION TO ANY SUCH OFFICE, NO  CONTRIBU-
   32  TOR  MAY  MAKE A CONTRIBUTION TO ANY CANDIDATE OR POLITICAL COMMITTEE IN
   33  CONNECTION WITH A CANDIDATE WHO IS  NOT  A  PARTICIPATING  CANDIDATE  AS
   34  DEFINED  IN  SUBDIVISION FOURTEEN OF SECTION 14-200 OF THIS ARTICLE, AND
   35  NO SUCH CANDIDATE OR POLITICAL COMMITTEE  MAY  ACCEPT  ANY  CONTRIBUTION
   36  FROM  ANY  CONTRIBUTOR,  WHICH  IS IN THE AGGREGATE AMOUNT GREATER THAN:
   37  (I) IN THE CASE OF ANY NOMINATION TO PUBLIC OFFICE, THE PRODUCT  OF  THE
   38  TOTAL  NUMBER  OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN THE STATE,
   39  EXCLUDING VOTERS IN INACTIVE  STATUS,  MULTIPLIED  BY  $.005,  BUT  SUCH
   40  AMOUNT  SHALL  BE NOT LESS THAN FOUR THOUSAND DOLLARS NOR MORE THAN FIVE
   41  THOUSAND DOLLARS, AND (II) IN THE CASE  OF  ANY  ELECTION  TO  A  PUBLIC
   42  OFFICE, FIVE THOUSAND DOLLARS; PROVIDED HOWEVER, THAT THE MAXIMUM AMOUNT
   43  WHICH  MAY  BE  SO  CONTRIBUTED  OR ACCEPTED, IN THE AGGREGATE, FROM ANY
   44  CANDIDATE'S CHILD, PARENT, GRANDPARENT,  BROTHER  AND  SISTER,  AND  THE
   45  SPOUSE  OF  ANY  SUCH PERSONS, SHALL NOT EXCEED IN THE CASE OF ANY NOMI-
   46  NATION TO PUBLIC OFFICE AN AMOUNT  EQUIVALENT  TO  THE  PRODUCT  OF  THE
   47  NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN THE STATE, EXCLUD-
   48  ING  VOTERS  IN INACTIVE STATUS, MULTIPLIED BY $.025, AND IN THE CASE OF
   49  ANY ELECTION FOR A PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE PRODUCT OF
   50  THE NUMBER OF REGISTERED VOTERS IN THE STATE EXCLUDING VOTERS  IN  INAC-
   51  TIVE STATUS, MULTIPLIED BY $.025.
   52    D.  IN  ANY  OTHER  ELECTION  FOR  PARTY POSITION OR FOR ELECTION TO A
   53  PUBLIC OFFICE OR FOR NOMINATION FOR ANY SUCH OFFICE, NO CONTRIBUTOR  MAY
   54  MAKE   A  CONTRIBUTION  TO  ANY  CANDIDATE  OR  POLITICAL  COMMITTEE  IN
   55  CONNECTION WITH A CANDIDATE WHO IS  NOT  A  PARTICIPATING  CANDIDATE  AS
   56  DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200 OF THIS ARTICLE AND NO
       A. 7870                             9
    1  SUCH  CANDIDATE  OR POLITICAL COMMITTEE MAY ACCEPT ANY CONTRIBUTION FROM
    2  ANY CONTRIBUTOR, WHICH IS IN THE AGGREGATE AMOUNT GREATER THAN:  (I)  IN
    3  THE CASE OF ANY ELECTION FOR PARTY POSITION, OR FOR NOMINATION TO PUBLIC
    4  OFFICE, THE PRODUCT OF THE TOTAL NUMBER OF ENROLLED VOTERS IN THE CANDI-
    5  DATE'S  PARTY  IN  THE  DISTRICT  IN  WHICH HE IS A CANDIDATE, EXCLUDING
    6  VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.05, AND (II) IN THE  CASE  OF
    7  ANY  ELECTION  FOR  A  PUBLIC OFFICE, THE PRODUCT OF THE TOTAL NUMBER OF
    8  REGISTERED VOTERS IN THE DISTRICT, EXCLUDING VOTERS IN INACTIVE  STATUS,
    9  MULTIPLIED  BY $.05, HOWEVER IN THE CASE OF A NOMINATION WITHIN THE CITY
   10  OF NEW YORK FOR THE OFFICE OF MAYOR,  PUBLIC  ADVOCATE  OR  COMPTROLLER,
   11  SUCH  AMOUNT  SHALL BE NOT LESS THAN FOUR THOUSAND DOLLARS NOR MORE THAN
   12  TWELVE THOUSAND DOLLARS AS INCREASED OR DECREASED BY THE COST OF  LIVING
   13  ADJUSTMENT  DESCRIBED IN PARAGRAPH E OF THIS SUBDIVISION; IN THE CASE OF
   14  AN ELECTION WITHIN THE CITY OF NEW YORK FOR THE OFFICE OF MAYOR,  PUBLIC
   15  ADVOCATE  OR  COMPTROLLER,  TWENTY-FIVE THOUSAND DOLLARS AS INCREASED OR
   16  DECREASED BY THE COST OF LIVING ADJUSTMENT DESCRIBED IN PARAGRAPH  E  OF
   17  THIS  SUBDIVISION;  IN  THE  CASE  OF A NOMINATION OR ELECTION FOR STATE
   18  SENATOR, THREE THOUSAND DOLLARS; IN THE CASE OF  AN  ELECTION  OR  NOMI-
   19  NATION  FOR  A  MEMBER  OF  THE ASSEMBLY, TWO THOUSAND DOLLARS; PROVIDED
   20  HOWEVER, THAT  THE  MAXIMUM  AMOUNT  WHICH  MAY  BE  SO  CONTRIBUTED  OR
   21  ACCEPTED,  IN  THE AGGREGATE, FROM ANY CANDIDATE'S CHILD, PARENT, GRAND-
   22  PARENT, BROTHER AND SISTER, AND THE SPOUSE OF ANY  SUCH  PERSONS,  SHALL
   23  NOT  EXCEED IN THE CASE OF ANY ELECTION FOR PARTY POSITION OR NOMINATION
   24  FOR PUBLIC OFFICE AN AMOUNT EQUIVALENT TO THE NUMBER OF ENROLLED  VOTERS
   25  IN  THE  CANDIDATE'S  PARTY  IN THE DISTRICT IN WHICH HE IS A CANDIDATE,
   26  EXCLUDING VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.25 AND IN THE  CASE
   27  OF  ANY ELECTION TO PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE NUMBER OF
   28  REGISTERED VOTERS IN THE DISTRICT, EXCLUDING VOTERS IN INACTIVE  STATUS,
   29  MULTIPLIED BY $.25; OR TWELVE HUNDRED FIFTY DOLLARS, WHICHEVER IS GREAT-
   30  ER, OR IN THE CASE OF A NOMINATION OR ELECTION OF A STATE SENATOR, TWEN-
   31  TY  THOUSAND  DOLLARS,  WHICHEVER  IS GREATER, OR IN THE CASE OF A NOMI-
   32  NATION OR ELECTION OF A MEMBER OF  THE  ASSEMBLY  TWELVE  THOUSAND  FIVE
   33  HUNDRED  DOLLARS,  WHICHEVER  IS GREATER, BUT IN NO EVENT SHALL ANY SUCH
   34  MAXIMUM EXCEED ONE HUNDRED THOUSAND DOLLARS.
   35    E. At the beginning of each fourth calendar year, commencing in [nine-
   36  teen hundred ninety-five] TWO THOUSAND TWENTY-ONE, the state board shall
   37  determine the percentage of  the  difference  between  the  most  recent
   38  available monthly consumer price index for all urban consumers published
   39  by  the United States bureau of labor statistics and such consumer price
   40  index published for the same month four years previously. The amount  of
   41  each  contribution  limit fixed in this subdivision shall be adjusted by
   42  the amount of such percentage difference  to  the  closest  one  hundred
   43  dollars by the state board which, not later than the first day of Febru-
   44  ary in each such year, shall issue a regulation publishing the amount of
   45  each  such  contribution  limit.  Each contribution limit as so adjusted
   46  shall be the contribution limit in effect for any election  held  before
   47  the next such adjustment.
   48    F.  EACH  PARTY  OR CONSTITUTED COMMITTEE MAY TRANSFER TO, OR SPEND TO
   49  ELECT OR OPPOSE A CANDIDATE, OR TRANSFER TO ANOTHER PARTY OR CONSTITUTED
   50  COMMITTEE, NO MORE THAN FIVE THOUSAND DOLLARS PER ELECTION, AS INCREASED
   51  OR DECREASED BY THE COST OF LIVING ADJUSTMENTS DESCRIBED IN PARAGRAPH  E
   52  OF  THIS  SUBDIVISION EXCEPT THAT SUCH COMMITTEE MAY IN ADDITION TO SUCH
   53  TRANSFERS OR EXPENDITURES:
   54    (I) IN A GENERAL OR SPECIAL ELECTION TRANSFER TO, OR SPEND TO ELECT OR
   55  OPPOSE A CANDIDATE, NO MORE THAN FIVE HUNDRED DOLLARS  AS  INCREASED  OR
       A. 7870                            10
    1  DECREASED  BY THE COST OF LIVING ADJUSTMENTS DESCRIBED IN PARAGRAPH E OF
    2  THIS SUBDIVISION RECEIVED FROM EACH CONTRIBUTOR; AND
    3    (II)  IN  ANY  ELECTION  SPEND  WITHOUT  LIMITATION  FOR NON-CANDIDATE
    4  EXPENDITURES NOT DESIGNED OR INTENDED TO ELECT A PARTICULAR CANDIDATE OR
    5  CANDIDATES.
    6    FOR PURPOSES OF THIS PARAGRAPH, "SPEND TO ELECT OR  OPPOSE"  DOES  NOT
    7  INCLUDE  SPENDING  THAT  IS  INDEPENDENT  OF THE CANDIDATE OR HIS OR HER
    8  AGENTS OR AUTHORIZED POLITICAL COMMITTEES.
    9    G. NOTWITHSTANDING ANY  OTHER  CONTRIBUTION  LIMIT  IN  THIS  SECTION,
   10  PARTICIPATING  CANDIDATES  AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION
   11  14-200 OF THIS ARTICLE MAY CONTRIBUTE, OUT OF  THEIR  OWN  MONEY,  THREE
   12  TIMES  THE APPLICABLE CONTRIBUTION LIMIT TO THEIR OWN AUTHORIZED COMMIT-
   13  TEE.
   14    10. [a.] No contributor may make a contribution to a party or  consti-
   15  tuted committee and no such committee may accept a contribution from any
   16  contributor which, in the aggregate, is greater than [sixty-two thousand
   17  five hundred] TWENTY-FIVE THOUSAND dollars per annum.
   18    [b. At the beginning of each fourth calendar year, commencing in nine-
   19  teen hundred ninety-five, the state board shall determine the percentage
   20  of  the  difference  between  the most recent available monthly consumer
   21  price index for all urban  consumers  published  by  the  United  States
   22  bureau  of  labor statistics and such consumer price index published for
   23  the same month four years previously. The amount  of  such  contribution
   24  limit  fixed in paragraph a of this subdivision shall be adjusted by the
   25  amount of such percentage difference to the closest one hundred  dollars
   26  by  the  state  board which, not later than the first day of February in
   27  each such year, shall issue a regulation publishing the amount  of  such
   28  contribution  limit. Such contribution limit as so adjusted shall be the
   29  contribution limit in effect for any election held before the next  such
   30  adjustment.]
   31    S  6.  Article 14 of the election law is amended by adding a new title
   32  II to read as follows:
   33                                  TITLE II
   34                              PUBLIC FINANCING
   35  SECTION 14-200. DEFINITIONS.
   36          14-201. REPORTING REQUIREMENTS.
   37          14-202. CONTRIBUTIONS.
   38          14-203. PROOF OF COMPLIANCE.
   39          14-204. ELIGIBILITY.
   40          14-205. LIMITS ON PUBLIC FINANCING.
   41          14-206. PAYMENT OF PUBLIC MATCHING FUNDS.
   42          14-207. USE OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN EXPEND-
   43                    ITURES.
   44          14-208. POWERS AND DUTIES OF BOARD.
   45          14-209. AUDITS AND REPAYMENTS.
   46          14-210. ENFORCEMENT  AND  PENALTIES  FOR  VIOLATIONS  AND  OTHER
   47                    PROCEEDINGS.
   48          14-211. REPORTS.
   49          14-212. DEBATES FOR CANDIDATES FOR STATEWIDE OFFICE.
   50          14-213. SEVERABILITY.
   51    S  14-200. DEFINITIONS.  FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING
   52  TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   53    1. THE TERM "AUTHORIZED COMMITTEE" SHALL  MEAN  THE  SINGLE  COMMITTEE
   54  DESIGNATED  BY  A  CANDIDATE PURSUANT TO SECTION 14-201 OF THIS TITLE TO
   55  RECEIVE CONTRIBUTIONS AND MAKE EXPENDITURES IN  SUPPORT  OF  THE  CANDI-
   56  DATE'S CAMPAIGN.
       A. 7870                            11
    1    2. THE TERM "BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
    2    3.  THE  TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS APPEARS IN
    3  SUBDIVISION NINE OF SECTION 14-100 OF THIS ARTICLE.
    4    4. THE TERM "CONTRIBUTOR" SHALL MEAN ANY PERSON OR ENTITY THAT MAKES A
    5  CONTRIBUTION.
    6    5. THE TERM "COVERED ELECTION" SHALL MEAN  ANY  PRIMARY,  GENERAL,  OR
    7  SPECIAL ELECTION FOR NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE
    8  OF  GOVERNOR,  LIEUTENANT GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER,
    9  STATE SENATOR, OR MEMBER OF THE ASSEMBLY.
   10    6. THE TERM "ELECTION CYCLE" SHALL MEAN THE TWO YEAR  PERIOD  STARTING
   11  THE  DAY  AFTER  THE  LAST GENERAL ELECTION FOR CANDIDATES FOR THE STATE
   12  LEGISLATURE AND SHALL MEAN THE FOUR YEAR PERIOD STARTING AFTER  THE  DAY
   13  AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR STATEWIDE OFFICE.
   14    7.  THE TERM "EXPENDITURE" SHALL MEAN ANY GIFT, SUBSCRIPTION, ADVANCE,
   15  PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF VALUE, OR A CONTRACT TO MAKE
   16  ANY GIFT, SUBSCRIPTION, PAYMENT, OR DEPOSIT  OF  MONEY  OR  ANYTHING  OF
   17  VALUE, MADE IN CONNECTION WITH THE NOMINATION FOR ELECTION, OR ELECTION,
   18  OF  ANY  CANDIDATE.   EXPENDITURES MADE BY CONTRACT ARE DEEMED MADE WHEN
   19  SUCH FUNDS ARE OBLIGATED.
   20    8. THE TERM "FUND" SHALL MEAN THE  NEW  YORK  STATE  CAMPAIGN  FINANCE
   21  FUND.
   22    9.  THE TERM "IMMEDIATE FAMILY" SHALL MEAN A SPOUSE, CHILD, SIBLING OR
   23  PARENT.
   24    10. THE TERM "INTERMEDIARY" SHALL  MEAN  AN  INDIVIDUAL,  CORPORATION,
   25  PARTNERSHIP,  POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER ENTITY
   26  WHICH BUNDLES, CAUSES TO BE DELIVERED OR OTHERWISE DELIVERS ANY CONTRIB-
   27  UTION FROM ANOTHER PERSON OR ENTITY TO A CANDIDATE OR AUTHORIZED COMMIT-
   28  TEE, OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL,  DELIVERY
   29  OR  MESSENGER SERVICE.   PROVIDED, HOWEVER, THAT AN "INTERMEDIARY" SHALL
   30  NOT INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS, CHILDREN OR SIBLINGS OF
   31  THE PERSON MAKING SUCH CONTRIBUTION OR A STAFF MEMBER  OR  VOLUNTEER  OF
   32  THE CAMPAIGN IDENTIFIED IN WRITING TO THE STATE BOARD OF ELECTIONS. HERE
   33  "CAUSES  TO  BE DELIVERED" SHALL INCLUDE PROVIDING POSTAGE, ENVELOPES OR
   34  OTHER SHIPPING MATERIALS FOR THE USE OF DELIVERING THE  CONTRIBUTION  TO
   35  THE ULTIMATE RECIPIENT.
   36    11.  THE  TERM  "ITEM  WITH  SIGNIFICANT INTRINSIC AND ENDURING VALUE"
   37  SHALL MEAN ANY ITEM, INCLUDING TICKETS TO AN EVENT, THAT ARE  VALUED  AT
   38  TWENTY-FIVE DOLLARS OR MORE.
   39    12.  (A)  THE TERM "MATCHABLE CONTRIBUTION" SHALL MEAN A CONTRIBUTION,
   40  CONTRIBUTIONS OR A PORTION OF A CONTRIBUTION OR  CONTRIBUTIONS  FOR  ANY
   41  COVERED  ELECTIONS  HELD  IN  THE SAME ELECTION CYCLE, MADE BY A NATURAL
   42  PERSON WHO IS A UNITED STATES CITIZEN AND RESIDENT IN THE STATE  OF  NEW
   43  YORK TO A PARTICIPATING CANDIDATE, THAT HAS BEEN REPORTED IN FULL TO THE
   44  BOARD  IN  ACCORDANCE WITH SECTIONS 14-102 AND 14-104 OF THIS ARTICLE BY
   45  THE CANDIDATE'S AUTHORIZED COMMITTEE AND  HAS  BEEN  CONTRIBUTED  ON  OR
   46  BEFORE  THE  DAY  OF  THE APPLICABLE PRIMARY, GENERAL, RUNOFF OR SPECIAL
   47  ELECTION. ANY CONTRIBUTION, CONTRIBUTIONS, OR A PORTION  OF  A  CONTRIB-
   48  UTION  DETERMINED  TO BE INVALID FOR MATCHING FUNDS BY THE BOARD MAY NOT
   49  BE TREATED AS A MATCHABLE CONTRIBUTION FOR ANY PURPOSE.
   50    (B) THE FOLLOWING CONTRIBUTIONS ARE NOT MATCHABLE:
   51    (I) LOANS;
   52    (II) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;
   53    (III) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM
   54  WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
   55    (IV) TRANSFERS FROM A PARTY OR CONSTITUTED COMMITTEE;
       A. 7870                            12
    1    (V) ANONYMOUS CONTRIBUTIONS OR CONTRIBUTIONS WHOSE SOURCE IS NOT ITEM-
    2  IZED AS REQUIRED BY SECTION 14-201 OF THIS TITLE;
    3    (VI) CONTRIBUTIONS GATHERED DURING A PREVIOUS ELECTION CYCLE;
    4    (VII) ILLEGAL CONTRIBUTIONS;
    5    (VIII) CONTRIBUTIONS FROM MINORS;
    6    (IX) CONTRIBUTIONS FROM VENDORS FOR CAMPAIGNS; AND
    7    (X)  CONTRIBUTIONS  FROM  LOBBYISTS REGISTERED PURSUANT TO SUBDIVISION
    8  (A) OF SECTION ONE-C OF THE LEGISLATIVE LAW.
    9    13. THE TERM "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR A
   10  COVERED ELECTION WHO FAILS TO FILE A WRITTEN CERTIFICATION IN  THE  FORM
   11  OF  AN  AFFIDAVIT  UNDER  SECTION 14-204 OF THIS TITLE BY THE APPLICABLE
   12  DEADLINE.
   13    14. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN  ANY  CANDIDATE  FOR
   14  NOMINATION  FOR  ELECTION, OR ELECTION, TO THE OFFICE OF GOVERNOR, LIEU-
   15  TENANT GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER, STATE SENATOR,  OR
   16  MEMBER  OF THE ASSEMBLY WHO FILES A WRITTEN CERTIFICATION IN THE FORM OF
   17  AN AFFIDAVIT PURSUANT TO SECTION 14-204 OF THIS TITLE.
   18    15. THE TERM "POST-ELECTION PERIOD" SHALL MEAN THE FIVE YEARS  FOLLOW-
   19  ING AN ELECTION WHEN A CANDIDATE IS SUBJECT TO AN AUDIT.
   20    16.  THE  TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDI-
   21  TURE FOR WHICH PUBLIC MATCHING FUNDS MAY BE USED.
   22    17. THE TERM "THRESHOLD FOR ELIGIBILITY"  SHALL  MEAN  THE  AMOUNT  OF
   23  MATCHABLE  CONTRIBUTIONS  THAT  A  CANDIDATE'S AUTHORIZED COMMITTEE MUST
   24  RECEIVE IN TOTAL IN ORDER FOR SUCH CANDIDATE TO  QUALIFY  FOR  VOLUNTARY
   25  PUBLIC FINANCING UNDER THIS TITLE.
   26    18.  THE  TERM  "TRANSFER"  SHALL MEAN ANY EXCHANGE OF FUNDS BETWEEN A
   27  PARTY OR CONSTITUTED COMMITTEE AND A CANDIDATE OR  ANY  OF  HIS  OR  HER
   28  AUTHORIZED COMMITTEES.
   29    S  14-201.  REPORTING REQUIREMENTS.   1. POLITICAL COMMITTEE REGISTRA-
   30  TION. POLITICAL COMMITTEES AS DEFINED PURSUANT  TO  SUBDIVISION  ONE  OF
   31  SECTION  14-100  OF  THIS  ARTICLE  SHALL REGISTER WITH THE BOARD BEFORE
   32  MAKING ANY CONTRIBUTION OR EXPENDITURE.  THE BOARD SHALL PUBLISH A CUMU-
   33  LATIVE LIST OF POLITICAL COMMITTEES THAT HAVE REGISTERED,  INCLUDING  ON
   34  ITS WEBPAGE, AND REGULARLY UPDATE IT.
   35    2.  ONLY  ONE  AUTHORIZED  COMMITTEE PER CANDIDATE PER ELECTIVE OFFICE
   36  SOUGHT.  BEFORE RECEIVING ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR
   37  A COVERED ELECTION, EACH CANDIDATE SHALL NOTIFY  THE  BOARD  AS  TO  THE
   38  EXISTENCE  OF  HIS OR HER AUTHORIZED COMMITTEE THAT HAS BEEN APPROVED BY
   39  SUCH CANDIDATE. EACH CANDIDATE SHALL HAVE ONE AND  ONLY  ONE  AUTHORIZED
   40  COMMITTEE  PER  ELECTIVE  OFFICE SOUGHT. EACH AUTHORIZED COMMITTEE SHALL
   41  HAVE A TREASURER AND IS SUBJECT TO THE  RESTRICTIONS  FOUND  IN  SECTION
   42  14-112 OF THIS ARTICLE.
   43    3.  DISCLOSURE  REPORTS.   (A) DETAILED REPORTING. IN ADDITION TO EACH
   44  AUTHORIZED AND POLITICAL COMMITTEE REPORTING TO THE BOARD EVERY CONTRIB-
   45  UTION AND LOAN RECEIVED AND EVERY  EXPENDITURE  MADE  IN  THE  TIME  AND
   46  MANNER PRESCRIBED BY SECTIONS 14-102, 14-104 AND 14-108 OF THIS ARTICLE,
   47  EACH  AUTHORIZED  AND  POLITICAL  COMMITTEE SHALL ALSO SUBMIT DISCLOSURE
   48  REPORTS ON MARCH FIFTEENTH AND  MAY  FIFTEENTH  OF  EACH  ELECTION  YEAR
   49  REPORTING  TO  THE  BOARD EVERY CONTRIBUTION AND LOAN RECEIVED AND EVERY
   50  EXPENDITURE MADE.   FOR CONTRIBUTORS  WHO  MAKE  CONTRIBUTIONS  OF  FIVE
   51  HUNDRED  DOLLARS  OR MORE, EACH AUTHORIZED AND POLITICAL COMMITTEE SHALL
   52  REPORT TO THE  BOARD  THE  OCCUPATION,  AND  BUSINESS  ADDRESS  OF  EACH
   53  CONTRIBUTOR,  LENDER,  AND INTERMEDIARY. THE BOARD SHALL REVISE, PREPARE
   54  AND POST FORMS ON  ITS  WEBPAGE  THAT  FACILITATE  COMPLIANCE  WITH  THE
   55  REQUIREMENTS OF THIS SECTION.
       A. 7870                            13
    1    (B)  BOARD REVIEW. THE BOARD'S PUBLIC FINANCING UNIT SHALL REVIEW EACH
    2  DISCLOSURE REPORT  FILED  AND  SHALL  INFORM  AUTHORIZED  AND  POLITICAL
    3  COMMITTEES OF RELEVANT QUESTIONS THE UNIT HAS CONCERNING: (I) COMPLIANCE
    4  WITH  REQUIREMENTS  OF  THIS TITLE AND OF THE RULES ISSUED BY THE BOARD;
    5  AND  (II)  QUALIFICATION FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO
    6  THIS TITLE. IN THE COURSE OF THIS REVIEW, THE UNIT SHALL GIVE AUTHORIZED
    7  AND POLITICAL COMMITTEES AN OPPORTUNITY TO RESPOND TO AND CORRECT POTEN-
    8  TIAL VIOLATIONS AND GIVE CANDIDATES AN OPPORTUNITY TO ADDRESS  QUESTIONS
    9  THE  UNIT  HAS  CONCERNING  THEIR MATCHABLE CONTRIBUTION CLAIMS OR OTHER
   10  ISSUES CONCERNING ELIGIBILITY FOR RECEIVING PUBLIC MATCHING FUNDS PURSU-
   11  ANT TO THIS TITLE. NOTHING IN THIS PARAGRAPH SHALL PRECLUDE THE UNIT  OR
   12  THE BOARD FROM SUBSEQUENTLY REVIEWING SUCH DISCLOSURE REPORTS AND TAKING
   13  ANY ACTION OTHERWISE AUTHORIZED UNDER THIS TITLE.
   14    (C)  ITEMIZATION. CONTRIBUTIONS THAT ARE NOT ITEMIZED IN REPORTS FILED
   15  WITH THE BOARD SHALL NOT BE MATCHABLE.
   16    (D) OPTION TO FILE MORE FREQUENTLY. PARTICIPATING CANDIDATES MAY  FILE
   17  REPORTS OF CONTRIBUTIONS AS FREQUENTLY AS ONCE A WEEK ON FRIDAYS SO THAT
   18  THEIR MATCHING FUNDS MAY BE PAID AT THE EARLIEST ALLOWABLE DATE.
   19    S  14-202. CONTRIBUTIONS.   RECIPIENTS OF FUNDS PURSUANT TO THIS TITLE
   20  SHALL BE SUBJECT TO THE APPLICABLE  CONTRIBUTION  LIMITS  SET  FORTH  IN
   21  SECTION 14-114 OF THIS ARTICLE.
   22    S  14-203.  PROOF OF COMPLIANCE.   AUTHORIZED AND POLITICAL COMMITTEES
   23  SHALL MAINTAIN SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR  A  COVERED
   24  ELECTION  AS REQUIRED BY THE BOARD.  AUTHORIZED AND POLITICAL COMMITTEES
   25  SHALL OBTAIN AND FURNISH TO THE PUBLIC FINANCING UNIT ANY INFORMATION IT
   26  MAY REQUEST RELATING TO  FINANCIAL  TRANSACTIONS  OR  CONTRIBUTIONS  AND
   27  FURNISH SUCH DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS TITLE
   28  AS  MAY BE REQUESTED. IN COMPLIANCE WITH SECTION 14-108 OF THIS ARTICLE,
   29  AUTHORIZED AND  POLITICAL  COMMITTEES  SHALL  MAINTAIN  COPIES  OF  SUCH
   30  RECORDS FOR A PERIOD OF FIVE YEARS.
   31    S  14-204.  ELIGIBILITY.   1. TERMS AND CONDITIONS. TO BE ELIGIBLE FOR
   32  VOLUNTARY PUBLIC FINANCING UNDER THIS TITLE, A CANDIDATE MUST:
   33    (A) BE A CANDIDATE IN A COVERED ELECTION;
   34    (B) MEET ALL THE REQUIREMENTS OF LAW TO HAVE HIS OR HER  NAME  ON  THE
   35  BALLOT;
   36    (C)  IN  THE CASE OF A COVERED GENERAL OR SPECIAL ELECTION, BE OPPOSED
   37  BY ANOTHER CANDIDATE ON THE BALLOT WHO IS NOT A WRITE-IN CANDIDATE;
   38    (D) SUBMIT A CERTIFICATION IN THE FORM OF AN AFFIDAVIT, IN  SUCH  FORM
   39  AS MAY BE PRESCRIBED BY THE BOARD, THAT SETS FORTH HIS OR HER ACCEPTANCE
   40  OF  AND  AGREEMENT  TO  COMPLY  WITH  THE  TERMS  AND CONDITIONS FOR THE
   41  PROVISION OF SUCH FUNDS IN EACH COVERED ELECTION AND SUCH  CERTIFICATION
   42  SHALL  BE SUBMITTED AT LEAST FOUR MONTHS BEFORE THE ELECTION PURSUANT TO
   43  A SCHEDULE PROMULGATED BY THE PUBLIC FINANCING UNIT OF THE BOARD;
   44    (E) BE CERTIFIED AS A PARTICIPATING CANDIDATE BY THE BOARD;
   45    (F) NOT MAKE, AND NOT HAVE MADE, EXPENDITURES FROM OR USE HIS  OR  HER
   46  PERSONAL  FUNDS  OR  PROPERTY  OR THE PERSONAL FUNDS OR PROPERTY JOINTLY
   47  HELD WITH HIS OR HER SPOUSE, OR  UNEMANCIPATED  CHILDREN  IN  CONNECTION
   48  WITH  HIS  OR  HER  NOMINATION  ELECTION OR ELECTION TO A COVERED OFFICE
   49  EXCEPT AS A CONTRIBUTION TO HIS OR HER AUTHORIZED COMMITTEE IN AN AMOUNT
   50  THAT EXCEEDS THREE TIMES THE APPLICABLE CONTRIBUTION LIMIT FROM AN INDI-
   51  VIDUAL CONTRIBUTOR TO CANDIDATES FOR THE OFFICE THAT HE OR SHE IS  SEEK-
   52  ING;
   53    (G) MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION TWO OF
   54  THIS SECTION;
   55    (H)  CONTINUE  TO  ABIDE  BY ALL REQUIREMENTS DURING THE POST-ELECTION
   56  PERIOD;
       A. 7870                            14
    1    (I) AGREE NOT TO EXPEND FOR CAMPAIGN PURPOSES ANY PORTION OF ANY  PRE-
    2  EXISTING  FUNDS  RAISED FOR ANY PUBLIC OFFICE OR PARTY POSITION PRIOR TO
    3  THE FIRST DAY OF THE  ELECTION  CYCLE  FOR  WHICH  THE  CANDIDATE  SEEKS
    4  CERTIFICATION. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO LIMIT, IN
    5  ANY  WAY, ANY CANDIDATE OR PUBLIC OFFICIAL FROM EXPENDING ANY PORTION OF
    6  PRE-EXISTING CAMPAIGN FUNDS FOR ANY  LAWFUL  PURPOSE  OTHER  THAN  THOSE
    7  RELATED TO HIS OR HER CAMPAIGN; AND
    8    (J)  NOT HAVE ACCEPTED CONTRIBUTIONS IN AMOUNTS EXCEEDING THE CONTRIB-
    9  UTION LIMITS SET FORTH FOR PARTICIPATING CANDIDATES IN PARAGRAPHS A  AND
   10  B  OF  SUBDIVISION  ONE  OF  SECTION  14-114  OF THIS ARTICLE DURING THE
   11  ELECTION CYCLE FOR WHICH THE CANDIDATE SEEKS CERTIFICATION;
   12    (I) PROVIDED HOWEVER, THAT,  IF  A  CANDIDATE  ACCEPTED  CONTRIBUTIONS
   13  EXCEEDING  SUCH  LIMITS  BEFORE CERTIFICATION, SUCH ACCEPTANCE SHALL NOT
   14  PREVENT THE CANDIDATE FROM BEING CERTIFIED BY THE BOARD IF THE CANDIDATE
   15  IMMEDIATELY PAYS TO THE FUND OR RETURNS TO THE CONTRIBUTOR  THE  PORTION
   16  OF ANY CONTRIBUTION THAT EXCEEDED THE APPLICABLE CONTRIBUTION LIMIT.
   17    (II)  IF  THE  CANDIDATE  IS  UNABLE  TO RETURN SUCH FUNDS IMMEDIATELY
   18  BECAUSE THEY  HAVE  ALREADY  BEEN  SPENT,  ACCEPTANCE  OF  CONTRIBUTIONS
   19  EXCEEDING  THE  LIMITS SHALL NOT PREVENT THE CANDIDATE FROM BEING CERTI-
   20  FIED BY THE BOARD IF THE CANDIDATE SUBMITS AN AFFIDAVIT AGREEING TO  PAY
   21  TO THE FUND ALL PORTIONS OF ANY CONTRIBUTIONS THAT EXCEEDED THE LIMIT NO
   22  LATER  THAN  THIRTY  DAYS  BEFORE  THE  GENERAL ELECTION. IF A CANDIDATE
   23  PROVIDES THE BOARD WITH SUCH AN AFFIDAVIT, ANY  DISBURSEMENT  OF  PUBLIC
   24  FUNDS  TO THE CANDIDATE MADE UNDER SECTION 14-206 OF THIS TITLE SHALL BE
   25  REDUCED BY NO MORE THAN TWENTY-FIVE PERCENT UNTIL THE TOTAL AMOUNT  OWED
   26  BY THE CANDIDATE IS REPAID.
   27    (III) NOTHING IN THIS SECTION SHALL BE INTERPRETED TO REQUIRE A CANDI-
   28  DATE  WHO  RETAINS  FUNDS  RAISED  DURING  A  PREVIOUS ELECTION CYCLE TO
   29  FORFEIT SUCH FUNDS. FUNDS RAISED DURING A PREVIOUS ELECTION CYCLE MAY BE
   30  RETAINED, BUT ONLY IF THE CANDIDATE PLACES THE FUNDS IN ESCROW.
   31    (IV) CONTRIBUTIONS RECEIVED AND EXPENDITURES MADE BY THE CANDIDATE  OR
   32  AN  AUTHORIZED COMMITTEE OF THE CANDIDATE PRIOR TO THE EFFECTIVE DATE OF
   33  THIS TITLE SHALL NOT CONSTITUTE A VIOLATION OF THIS TITLE.    UNEXPENDED
   34  CONTRIBUTIONS  SHALL  BE  TREATED  THE  SAME AS CAMPAIGN SURPLUSES UNDER
   35  SUBPARAGRAPH (III) OF THIS PARAGRAPH.
   36    2. THRESHOLD FOR ELIGIBILITY. (A) THE THRESHOLD  FOR  ELIGIBILITY  FOR
   37  PUBLIC FUNDING FOR PARTICIPATING CANDIDATES SHALL BE IN THE CASE OF:
   38    (I)  GOVERNOR, NOT LESS THAN THREE HUNDRED THOUSAND DOLLARS IN MATCHA-
   39  BLE CONTRIBUTIONS INCLUDING AT LEAST THREE THOUSAND  MATCHABLE  CONTRIB-
   40  UTIONS  COMPRISED  OF  SUMS  BETWEEN  TEN  AND  ONE HUNDRED SEVENTY-FIVE
   41  DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF NEW YORK STATE;
   42    (II) LIEUTENANT GOVERNOR, ATTORNEY GENERAL, AND COMPTROLLER, NOT  LESS
   43  THAN  ONE  HUNDRED THOUSAND DOLLARS IN MATCHABLE CONTRIBUTIONS INCLUDING
   44  AT LEAST ONE THOUSAND MATCHABLE CONTRIBUTIONS COMPRISED OF SUMS  BETWEEN
   45  TEN AND ONE HUNDRED SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS
   46  OF NEW YORK STATE;
   47    (III)  STATE  SENATOR,  NOT  LESS  THAN  TWELVE  THOUSAND FIVE HUNDRED
   48  DOLLARS IN MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST ONE HUNDRED  TWEN-
   49  TY-FIVE  MATCHABLE  CONTRIBUTIONS  COMPRISED OF SUMS BETWEEN TEN AND ONE
   50  HUNDRED SEVENTY-FIVE DOLLARS PER  CONTRIBUTOR,  FROM  RESIDENTS  OF  THE
   51  DISTRICT IN WHICH THE SEAT IS TO BE FILLED; AND
   52    (IV)  MEMBER  OF  THE ASSEMBLY, NOT LESS THAN FIVE THOUSAND DOLLARS IN
   53  MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST FIFTY MATCHABLE CONTRIBUTIONS
   54  COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE  DOLLARS  PER
   55  CONTRIBUTOR,  FROM  RESIDENTS OF THE DISTRICT IN WHICH THE SEAT IS TO BE
   56  FILLED.
       A. 7870                            15
    1    (B) ANY PARTICIPATING CANDIDATE MEETING THE THRESHOLD FOR  ELIGIBILITY
    2  IN  A  PRIMARY ELECTION FOR ONE OF THE FOREGOING OFFICES SHALL BE DEEMED
    3  TO HAVE MET THE THRESHOLD FOR ELIGIBILITY FOR SUCH OFFICE IN  ANY  OTHER
    4  SUBSEQUENT ELECTION HELD IN THE SAME CALENDAR YEAR.
    5    (C)  AT  THE BEGINNING OF EACH FOURTH CALENDAR YEAR, COMMENCING IN TWO
    6  THOUSAND TWENTY-ONE, THE STATE BOARD SHALL DETERMINE THE  PERCENTAGE  OF
    7  THE  DIFFERENCE BETWEEN THE MOST RECENT AVAILABLE MONTHLY CONSUMER PRICE
    8  INDEX FOR ALL URBAN CONSUMERS PUBLISHED BY THE UNITED STATES  BUREAU  OF
    9  LABOR  STATISTICS  AND  SUCH CONSUMER PRICE INDEX PUBLISHED FOR THE SAME
   10  MONTH FOUR YEARS PREVIOUSLY. THE AMOUNT OF EACH THRESHOLD FOR  ELIGIBIL-
   11  ITY  FIXED  IN  THIS SUBDIVISION SHALL BE ADJUSTED BY THE AMOUNT OF SUCH
   12  PERCENTAGE DIFFERENCE TO THE CLOSEST ONE HUNDRED DOLLARS  BY  THE  STATE
   13  BOARD WHICH, NOT LATER THAN THE FIRST DAY OF FEBRUARY IN EACH SUCH YEAR,
   14  SHALL  ISSUE  A  REGULATION PUBLISHING THE AMOUNT OF EACH SUCH THRESHOLD
   15  FOR ELIGIBILITY. EACH THRESHOLD FOR ELIGIBILITY AS SO ADJUSTED SHALL  BE
   16  THE  LIMIT  IN EFFECT FOR ANY ELECTION HELD BEFORE THE NEXT SUCH ADJUST-
   17  MENT. THE MINIMUM AND MAXIMUM DOLLAR AMOUNTS FOR THE MATCHABLE  CONTRIB-
   18  UTIONS THAT FUNDS RAISED MUST BE COMPRISED BY TO MEET THE THRESHOLDS FOR
   19  ELIGIBILITY  FOR  CANDIDATES FIXED IN THIS SUBDIVISION SHALL BE ADJUSTED
   20  BY THE AMOUNT OF SUCH PERCENTAGE DIFFERENCE TO THE CLOSEST ONE DOLLAR BY
   21  THE STATE BOARD WHICH, NOT LATER THAN THE FIRST DAY OF FEBRUARY IN  EACH
   22  SUCH  YEAR,  SHALL  ISSUE  A  REGULATION PUBLISHING THE SUCH MINIMUM AND
   23  MAXIMUM AMOUNTS.  THE MINIMUM AND MAXIMUM AMOUNTS AS SO  ADJUSTED  SHALL
   24  BE IN EFFECT FOR ANY ELECTION HELD BEFORE THE NEXT SUCH ADJUSTMENT.
   25    S  14-205. LIMITS ON PUBLIC FINANCING. THE FOLLOWING LIMITATIONS APPLY
   26  TO THE TOTAL AMOUNTS OF PUBLIC FUNDS THAT MAY BE PROVIDED TO  A  PARTIC-
   27  IPATING CANDIDATE'S AUTHORIZED COMMITTEE FOR AN ELECTION CYCLE:
   28    1.  IN  ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS BY PARTICIPATING
   29  CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
   30    (I) FOR GOVERNOR, THE SUM OF EIGHT MILLION DOLLARS;
   31    (II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
   32  OF FOUR MILLION DOLLARS;
   33    (III) FOR SENATOR, THE SUM  OF  THREE  HUNDRED  SEVENTY-FIVE  THOUSAND
   34  DOLLARS;
   35    (IV)  FOR  MEMBER OF THE ASSEMBLY, THE SUM OF ONE HUNDRED SEVENTY-FIVE
   36  THOUSAND DOLLARS.
   37    2. IN ANY GENERAL OR SPECIAL ELECTION, RECEIPT OF PUBLIC  FUNDS  BY  A
   38  PARTICIPATING  CANDIDATE'S  AUTHORIZED  COMMITTEES  SHALL NOT EXCEED THE
   39  FOLLOWING AMOUNTS:
   40    CANDIDATES FOR ELECTION TO THE OFFICE OF:
   41    GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED)                $10,000,000
   42    ATTORNEY GENERAL                                           $4,000,000
   43    COMPTROLLER                                                $4,000,000
   44    MEMBER OF SENATE                                           $375,000
   45    MEMBER OF ASSEMBLY                                         $175,000
   46    3. NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS  NOT
   47  OPPOSED  BY  A  CANDIDATE  ON  THE BALLOT IN A PRIMARY ELECTION SHALL BE
   48  ENTITLED TO PAYMENT OF PUBLIC MATCHING FUNDS, EXCEPT THAT,  WHERE  THERE
   49  IS A CONTEST IN SUCH PRIMARY ELECTION FOR THE NOMINATION OF AT LEAST ONE
   50  OF  THE TWO POLITICAL PARTIES WITH THE HIGHEST AND SECOND HIGHEST NUMBER
   51  OF ENROLLED MEMBERS FOR SUCH OFFICE, A PARTICIPATING  CANDIDATE  WHO  IS
   52  UNOPPOSED  IN  THE  PRIMARY ELECTION MAY RECEIVE PUBLIC FUNDS BEFORE THE
   53  PRIMARY ELECTION, FOR EXPENSES INCURRED ON OR BEFORE THE  DATE  OF  SUCH
   54  PRIMARY  ELECTION, IN AN AMOUNT EQUAL TO UP TO HALF THE SUM SET FORTH IN
   55  PARAGRAPH ONE OF THIS SECTION.
       A. 7870                            16
    1    4. AT THE BEGINNING OF EACH FOURTH CALENDAR YEAR,  COMMENCING  IN  TWO
    2  THOUSAND  TWENTY-ONE,  THE STATE BOARD SHALL DETERMINE THE PERCENTAGE OF
    3  THE DIFFERENCE BETWEEN THE MOST RECENT AVAILABLE MONTHLY CONSUMER  PRICE
    4  INDEX  FOR  ALL URBAN CONSUMERS PUBLISHED BY THE UNITED STATES BUREAU OF
    5  LABOR  STATISTICS  AND  SUCH CONSUMER PRICE INDEX PUBLISHED FOR THE SAME
    6  MONTH FOUR YEARS PREVIOUSLY. THE AMOUNT OF EACH PUBLIC FUNDS LIMIT FIXED
    7  IN THIS SECTION SHALL BE ADJUSTED  BY  THE  AMOUNT  OF  SUCH  PERCENTAGE
    8  DIFFERENCE  TO THE CLOSEST ONE HUNDRED DOLLARS BY THE STATE BOARD WHICH,
    9  NOT LATER THAN THE FIRST DAY OF FEBRUARY IN EACH SUCH YEAR, SHALL  ISSUE
   10  A REGULATION PUBLISHING THE AMOUNT OF EACH SUCH PUBLIC FUNDS LIMIT. EACH
   11  PUBLIC  FUNDS  LIMIT AS SO ADJUSTED SHALL BE THE LIMIT IN EFFECT FOR ANY
   12  ELECTION HELD BEFORE THE NEXT SUCH ADJUSTMENT.
   13    S 14-206. PAYMENT OF PUBLIC MATCHING FUNDS. 1. DETERMINATION OF ELIGI-
   14  BILITY. NO PUBLIC MATCHING FUNDS SHALL BE PAID TO AN AUTHORIZED  COMMIT-
   15  TEE  UNLESS  THE PUBLIC FINANCING UNIT DETERMINES THAT THE PARTICIPATING
   16  CANDIDATE HAS MET THE ELIGIBILITY REQUIREMENTS OF  THIS  TITLE.  PAYMENT
   17  SHALL  NOT  EXCEED  THE  AMOUNTS  SPECIFIED  IN  SUBDIVISION TWO OF THIS
   18  SECTION, AND SHALL BE MADE ONLY IN ACCORDANCE  WITH  THE  PROVISIONS  OF
   19  THIS  TITLE.  SUCH  PAYMENT MAY BE MADE ONLY TO THE PARTICIPATING CANDI-
   20  DATE'S AUTHORIZED COMMITTEE. NO PUBLIC  MATCHING  FUNDS  SHALL  BE  USED
   21  EXCEPT  AS  REIMBURSEMENT OR PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES
   22  ACTUALLY AND LAWFULLY INCURRED OR TO REPAY LOANS USED TO  PAY  QUALIFIED
   23  CAMPAIGN EXPENDITURES.
   24    2.  CALCULATION  OF  PAYMENT. IF THE THRESHOLD FOR ELIGIBILITY IS MET,
   25  THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE SHALL RECEIVE PAYMENT
   26  FOR QUALIFIED CAMPAIGN EXPENDITURES OF SIX DOLLARS  OF  PUBLIC  MATCHING
   27  FUNDS  FOR  EACH ONE DOLLAR OF MATCHABLE CONTRIBUTIONS, MADE ON OR AFTER
   28  THE FIRST DAY OF THE ELECTION CYCLE FOR WHICH THE CANDIDATE IS A PARTIC-
   29  IPATING CANDIDATE, FOR THE FIRST ONE  HUNDRED  SEVENTY-FIVE  DOLLARS  OF
   30  ELIGIBLE  PRIVATE  FUNDS  PER  CONTRIBUTOR, OBTAINED AND REPORTED TO THE
   31  BOARD IN ACCORDANCE WITH THE  PROVISIONS  OF  THIS  TITLE.  THE  MAXIMUM
   32  PAYMENT  OF  PUBLIC  MATCHING  FUNDS SHALL BE LIMITED TO THE AMOUNTS SET
   33  FORTH IN SECTION 14-205 OF THIS TITLE FOR THE COVERED ELECTION.
   34    3. AT THE BEGINNING OF EACH FOURTH CALENDAR YEAR,  COMMENCING  IN  TWO
   35  THOUSAND  TWENTY-ONE,  THE STATE BOARD SHALL DETERMINE THE PERCENTAGE OF
   36  THE DIFFERENCE BETWEEN THE MOST RECENT AVAILABLE MONTHLY CONSUMER  PRICE
   37  INDEX  FOR  ALL URBAN CONSUMERS PUBLISHED BY THE UNITED STATES BUREAU OF
   38  LABOR STATISTICS AND SUCH CONSUMER PRICE INDEX PUBLISHED  FOR  THE  SAME
   39  MONTH  FOUR  YEARS  PREVIOUSLY.  THE  DOLLAR  AMOUNT  OF  EACH MATCHABLE
   40  CONTRIBUTION TO BE MATCHED AS SET  FORTH  IN  SUBDIVISION  TWO  OF  THIS
   41  SECTION SHALL BE ADJUSTED BY THE AMOUNT OF SUCH PERCENTAGE DIFFERENCE TO
   42  THE  CLOSEST  ONE  DOLLAR  BY  THE STATE BOARD WHICH, NOT LATER THAN THE
   43  FIRST DAY OF FEBRUARY IN  EACH  SUCH  YEAR,  SHALL  ISSUE  A  REGULATION
   44  PUBLISHING  THE AMOUNT OF MATCHABLE CONTRIBUTIONS THAT SHALL BE MATCHED.
   45  EACH SUCH AMOUNT AS SO ADJUSTED SHALL BE THE AMOUNT IN  EFFECT  FOR  ANY
   46  ELECTION HELD BEFORE THE NEXT SUCH ADJUSTMENT.
   47    4. TIMING OF PAYMENT. THE PUBLIC FINANCING UNIT SHALL MAKE ANY PAYMENT
   48  OF PUBLIC MATCHING FUNDS TO PARTICIPATING CANDIDATES AS SOON AS IS PRAC-
   49  TICABLE. BUT IN ALL CASES, THAT UNIT SHALL VERIFY ELIGIBILITY FOR PUBLIC
   50  MATCHING  FUNDS  WITHIN  FOUR  DAYS OF RECEIVING A CAMPAIGN CONTRIBUTION
   51  REPORT FILED IN COMPLIANCE WITH SECTION 14-104 OF THIS  ARTICLE.  WITHIN
   52  TWO  DAYS OF DETERMINING THAT A CANDIDATE FOR A COVERED OFFICE IS ELIGI-
   53  BLE FOR PUBLIC MATCHING FUNDS, THE UNIT SHALL PAY THE APPLICABLE  MATCH-
   54  ING  FUNDS  OWED  TO THE CANDIDATE. HOWEVER, THE UNIT SHALL NOT MAKE ANY
   55  PAYMENTS OF PUBLIC MONEY EARLIER THAN THE EARLIEST DATES FOR MAKING SUCH
   56  PAYMENTS AS PROVIDED BY THIS TITLE.   IF  ANY  OF  SUCH  PAYMENTS  WOULD
       A. 7870                            17
    1  REQUIRE  PAYMENT  ON A WEEKEND OR FEDERAL HOLIDAY, PAYMENT SHALL BE MADE
    2  ON THE NEXT BUSINESS DAY.
    3    5.  ELECTRONIC  FUNDS  TRANSFER.  THE  BOARD SHALL PROMULGATE RULES TO
    4  FACILITATE ELECTRONIC FUNDS TRANSFERS DIRECTLY FROM  THE  FUND  INTO  AN
    5  AUTHORIZED COMMITTEE'S BANK ACCOUNT.
    6    6.   IRREGULARLY   SCHEDULED   ELECTIONS.  NOTWITHSTANDING  ANY  OTHER
    7  PROVISION OF THIS TITLE, THE BOARD SHALL PROMULGATE RULES TO PROVIDE FOR
    8  THE PROMPT ISSUANCE OF PUBLIC MATCHING FUNDS TO  ELIGIBLE  PARTICIPATING
    9  CANDIDATES  FOR QUALIFIED CAMPAIGN EXPENDITURES IN THE CASE OF ANY OTHER
   10  COVERED ELECTION HELD ON A DAY DIFFERENT FROM THAT THAN ORIGINALLY SCHE-
   11  DULED INCLUDING SPECIAL ELECTIONS. BUT IN ALL CASES, THE PUBLIC  FINANC-
   12  ING  UNIT  SHALL  (A) WITHIN FOUR DAYS OF RECEIVING A REPORT OF CONTRIB-
   13  UTIONS FROM A CANDIDATE FOR A COVERED OFFICE  CLAIMING  ELIGIBILITY  FOR
   14  PUBLIC  MATCHING  FUNDS  VERIFY  THAT CANDIDATE'S ELIGIBILITY FOR PUBLIC
   15  MATCHING FUNDS; AND (B) WITHIN TWO DAYS OF DETERMINING THAT  THE  CANDI-
   16  DATE  FOR  A  COVERED  OFFICE IS ELIGIBLE FOR PUBLIC MATCHING FUNDS, THE
   17  UNIT SHALL PAY THE APPLICABLE MATCHING FUNDS OWED TO THE CANDIDATE.
   18    S 14-207. USE OF PUBLIC MATCHING FUNDS;  QUALIFIED  CAMPAIGN  EXPENDI-
   19  TURES.    1. PUBLIC MATCHING FUNDS PROVIDED UNDER THE PROVISIONS OF THIS
   20  TITLE MAY BE USED ONLY BY AN AUTHORIZED COMMITTEE  FOR  EXPENDITURES  TO
   21  FURTHER   THE  PARTICIPATING  CANDIDATE'S  NOMINATION  FOR  ELECTION  OR
   22  ELECTION, INCLUDING PAYING FOR DEBTS INCURRED WITHIN ONE YEAR  PRIOR  TO
   23  AN  ELECTION  TO  FURTHER  THE  PARTICIPATING CANDIDATE'S NOMINATION FOR
   24  ELECTION OR ELECTION.
   25    2. SUCH PUBLIC MATCHING FUNDS MAY NOT BE USED FOR:
   26    (A) AN EXPENDITURE IN VIOLATION OF ANY LAW;
   27    (B) AN EXPENDITURE IN EXCESS OF THE FAIR  MARKET  VALUE  OF  SERVICES,
   28  MATERIALS, FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
   29    (C) AN EXPENDITURE MADE AFTER THE CANDIDATE HAS BEEN FINALLY DISQUALI-
   30  FIED FROM THE BALLOT;
   31    (D)  AN  EXPENDITURE  MADE  AFTER  THE  ONLY REMAINING OPPONENT OF THE
   32  CANDIDATE HAS BEEN FINALLY DISQUALIFIED  FROM  THE  GENERAL  OR  SPECIAL
   33  ELECTION BALLOT;
   34    (E) AN EXPENDITURE MADE BY CASH PAYMENT;
   35    (F)  A  CONTRIBUTION  OR  LOAN  OR  TRANSFER MADE TO OR EXPENDITURE TO
   36  SUPPORT ANOTHER CANDIDATE OR POLITICAL COMMITTEE OR PARTY, COMMITTEE  OR
   37  CONSTITUTED COMMITTEE;
   38    (G)  AN  EXPENDITURE  TO  SUPPORT  OR OPPOSE A CANDIDATE FOR AN OFFICE
   39  OTHER THAN THAT WHICH THE PARTICIPATING CANDIDATE SEEKS;
   40    (H) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED CAMPAIGN
   41  MATERIAL;
   42    (I) LEGAL FEES TO DEFEND AGAINST A CRIMINAL CHARGE;
   43    (J) PAYMENTS TO IMMEDIATE FAMILY MEMBERS OF THE  PARTICIPATING  CANDI-
   44  DATE; OR
   45    (K)  ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
   46  DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION,  ACCEPTANCE,
   47  AUTHORIZATION, DECLINATION OR SUBSTITUTION.
   48    S 14-208. POWERS AND DUTIES OF BOARD.  1. ADVISORY OPINIONS. THE BOARD
   49  SHALL  RENDER  ADVISORY OPINIONS WITH RESPECT TO QUESTIONS ARISING UNDER
   50  THIS TITLE UPON THE WRITTEN REQUEST OF A  CANDIDATE,  AN  OFFICER  OF  A
   51  POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITIATIVE.
   52  THE  BOARD  SHALL PROMULGATE RULES REGARDING REASONABLE TIMES TO RESPOND
   53  TO SUCH REQUESTS. THE BOARD SHALL MAKE PUBLIC THE QUESTIONS OF INTERPRE-
   54  TATION FOR WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE  BOARD  AND
   55  ITS  ADVISORY  OPINIONS,  INCLUDING  BY  PUBLICATION ON ITS WEBPAGE WITH
       A. 7870                            18
    1  IDENTIFYING INFORMATION REDACTED AS THE BOARD DETERMINES TO BE APPROPRI-
    2  ATE.
    3    2. PUBLIC INFORMATION AND CANDIDATE EDUCATION. THE BOARD SHALL DEVELOP
    4  A  PROGRAM FOR INFORMING CANDIDATES AND THE PUBLIC AS TO THE PURPOSE AND
    5  EFFECT OF THE PROVISIONS OF THIS TITLE, INCLUDING BY MEANS OF A WEBPAGE.
    6  THE BOARD SHALL PREPARE IN PLAIN LANGUAGE AND MAKE AVAILABLE EDUCATIONAL
    7  MATERIALS, INCLUDING COMPLIANCE MANUALS AND SUMMARIES  AND  EXPLANATIONS
    8  OF THE PURPOSES AND PROVISIONS OF THIS TITLE. THE BOARD SHALL PREPARE OR
    9  HAVE  PREPARED  AND  MAKE  AVAILABLE MATERIALS, INCLUDING, TO THE EXTENT
   10  FEASIBLE, COMPUTER SOFTWARE, TO FACILITATE THE TASK OF  COMPLIANCE  WITH
   11  THE DISCLOSURE AND RECORD-KEEPING REQUIREMENTS OF THIS TITLE.
   12    3.  RULES  AND  REGULATIONS.  THE  BOARD  SHALL  HAVE THE AUTHORITY TO
   13  PROMULGATE SUCH RULES AND REGULATIONS AND PROVIDE SUCH FORMS AS IT DEEMS
   14  NECESSARY FOR THE ADMINISTRATION OF THIS TITLE.
   15    4. DATABASE.  THE  BOARD  SHALL  DEVELOP  AN  INTERACTIVE,  SEARCHABLE
   16  COMPUTER  DATABASE  THAT SHALL CONTAIN ALL INFORMATION NECESSARY FOR THE
   17  PROPER ADMINISTRATION OF THIS TITLE INCLUDING  INFORMATION  ON  CONTRIB-
   18  UTIONS TO AND EXPENDITURES BY CANDIDATES AND THEIR AUTHORIZED COMMITTEE,
   19  INDEPENDENT  EXPENDITURES  IN  SUPPORT  OR  OPPOSITION OF CANDIDATES FOR
   20  COVERED OFFICES, AND DISTRIBUTIONS OF MONEYS FROM THE FUND.  SUCH  DATA-
   21  BASE SHALL BE ACCESSIBLE TO THE PUBLIC ON THE BOARD'S WEBPAGE.
   22    5.  THE  BOARD'S PUBLIC FINANCING UNIT SHALL WORK WITH THE ENFORCEMENT
   23  UNIT TO ENFORCE THIS SECTION.
   24    S 14-209. AUDITS AND REPAYMENTS.  1. AUDITS. THE BOARD SHALL AUDIT AND
   25  EXAMINE ALL MATTERS RELATING TO THE PROPER ADMINISTRATION OF THIS  TITLE
   26  AND SHALL COMPLETE SUCH AUDIT NO LATER THAN TWO YEARS AFTER THE ELECTION
   27  IN QUESTION.  EVERY CANDIDATE WHO RECEIVES PUBLIC FUNDS UNDER THIS TITLE
   28  SHALL  BE  AUDITED BY THE BOARD. THE COST OF COMPLYING WITH A POST-ELEC-
   29  TION AUDIT SHALL BE BORNE BY THE CANDIDATE'S AUTHORIZED COMMITTEE  USING
   30  PUBLIC  FUNDS,  PRIVATE  FUNDS OR ANY COMBINATION OF SUCH FUNDS.  CANDI-
   31  DATES WHO RUN IN BOTH A PRIMARY AND GENERAL  ELECTION  MUST  MAINTAIN  A
   32  RESERVE OF THREE PERCENT OF THE PUBLIC FUNDS RECEIVED TO COMPLY WITH THE
   33  POST-ELECTION  AUDIT.   THE BOARD SHALL ISSUE TO EACH CAMPAIGN AUDITED A
   34  FINAL AUDIT REPORT THAT DETAILS ITS FINDINGS.
   35    2. REPAYMENTS. (A) IF THE BOARD DETERMINES THAT  ANY  PORTION  OF  THE
   36  PAYMENT  MADE TO A CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS IN
   37  EXCESS OF THE AGGREGATE AMOUNT  OF  PAYMENTS  THAT  SUCH  CANDIDATE  WAS
   38  ELIGIBLE TO RECEIVE PURSUANT TO THIS TITLE, IT SHALL NOTIFY SUCH COMMIT-
   39  TEE  AND  SUCH  COMMITTEE  SHALL PAY TO THE BOARD AN AMOUNT EQUAL TO THE
   40  AMOUNT OF EXCESS PAYMENTS. PROVIDED,  HOWEVER,  THAT  IF  THE  ERRONEOUS
   41  PAYMENT  WAS  THE  RESULT  OF  AN ERROR BY THE BOARD, THEN THE ERRONEOUS
   42  PAYMENT WILL BE DEDUCTED FROM ANY FUTURE PAYMENT,  IF  ANY,  AND  IF  NO
   43  PAYMENT IS TO BE MADE THEN NEITHER THE CANDIDATE NOR THE COMMITTEE SHALL
   44  BE  LIABLE  TO  REPAY THE EXCESS AMOUNT TO THE BOARD. THE CANDIDATE, THE
   45  TREASURER AND THE  CANDIDATE'S  AUTHORIZED  COMMITTEE  ARE  JOINTLY  AND
   46  SEVERABLY LIABLE FOR ANY REPAYMENTS TO THE BOARD.
   47    (B)  IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO A
   48  CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND  WAS  USED  FOR  PURPOSES
   49  OTHER  THAN  QUALIFIED  CAMPAIGN EXPENDITURES AND SUCH EXPENDITURES WERE
   50  NOT APPROVED BY THE BOARD, IT SHALL NOTIFY SUCH COMMITTEE OF THE  AMOUNT
   51  SO  DISQUALIFIED  AND  SUCH  COMMITTEE  SHALL PAY TO THE BOARD AN AMOUNT
   52  EQUAL TO SUCH DISQUALIFIED AMOUNT. THE CANDIDATE, THE TREASURER AND  THE
   53  CANDIDATE'S  AUTHORIZED  COMMITTEE  ARE JOINTLY AND SEVERABLY LIABLE FOR
   54  ANY REPAYMENTS TO THE BOARD.
   55    (C) IF THE TOTAL OF PAYMENTS FROM THE FUND RECEIVED BY A PARTICIPATING
   56  CANDIDATE AND HIS OR HER AUTHORIZED COMMITTEE EXCEED THE TOTAL  CAMPAIGN
       A. 7870                            19
    1  EXPENDITURES  OF SUCH CANDIDATE AND AUTHORIZED COMMITTEE FOR ALL COVERED
    2  ELECTIONS HELD IN THE SAME CALENDAR YEAR OR FOR A  SPECIAL  ELECTION  TO
    3  FILL A VACANCY, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS FUNDS
    4  TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH AUTHORIZED COMMITTEE
    5  FROM  THE  FUND  DURING SUCH CALENDAR YEAR OR FOR SUCH SPECIAL ELECTION.
    6  PARTICIPATING CANDIDATES SHALL PAY TO THE BOARD UNSPENT PUBLIC  CAMPAIGN
    7  FUNDS  FROM  AN  ELECTION  NOT  LATER  THAN  TWENTY-SEVEN DAYS AFTER ALL
    8  LIABILITIES FOR THE ELECTION HAVE BEEN PAID AND IN ANY EVENT, NOT  LATER
    9  THAN  THE  DAY  ON WHICH THE BOARD ISSUES ITS FINAL AUDIT REPORT FOR THE
   10  PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE; PROVIDED, HOWEVER,  THAT
   11  ALL UNSPENT PUBLIC CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE SHALL BE
   12  IMMEDIATELY  DUE  AND  PAYABLE  TO THE BOARD UPON A DETERMINATION BY THE
   13  BOARD THAT THE  PARTICIPANT  HAS  DELAYED  THE  POST-ELECTION  AUDIT.  A
   14  PARTICIPATING  CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES WITH PUBLIC
   15  FUNDS ONLY FOR ROUTINE ACTIVITIES INVOLVING NOMINAL COST ASSOCIATED WITH
   16  WINDING UP A CAMPAIGN AND RESPONDING TO THE POST-ELECTION AUDIT.   NOTH-
   17  ING  IN  THIS  TITLE SHALL BE CONSTRUED TO PREVENT A CANDIDATE OR HIS OR
   18  HER AUTHORIZED COMMITTEE FROM USING CAMPAIGN CONTRIBUTIONS RECEIVED FROM
   19  PRIVATE CONTRIBUTORS FOR OTHERWISE LAWFUL EXPENDITURES.
   20    3. THE BOARD SHALL PROMULGATE REGULATIONS FOR THE CERTIFICATION OF THE
   21  AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER, FROM  THE  FUND  ESTABLISHED
   22  PURSUANT  TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW, TO A PARTIC-
   23  IPATING CANDIDATE THAT HAS QUALIFIED  TO  RECEIVE  SUCH  PAYMENT.  THESE
   24  REGULATIONS  SHALL INCLUDE THE PROMULGATION AND DISTRIBUTION OF FORMS ON
   25  WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO  BE  REPORTED,  THE  PERIODS
   26  DURING  WHICH  SUCH REPORTS MUST BE FILED AND THE VERIFICATION REQUIRED.
   27  THE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL MAKE POSSIBLE PAYMENT BY
   28  THE FUND WITHIN FOUR BUSINESS DAYS AFTER RECEIPT OF THE  REQUIRED  FORMS
   29  AND VERIFICATIONS.
   30    S   14-210.   ENFORCEMENT  AND  PENALTIES  FOR  VIOLATIONS  AND  OTHER
   31  PROCEEDINGS.  1. CIVIL PENALTIES. VIOLATIONS OF ANY  PROVISION  OF  THIS
   32  TITLE  OR  RULE PROMULGATED PURSUANT TO THIS TITLE SHALL BE SUBJECT TO A
   33  CIVIL PENALTY IN AN AMOUNT NOT IN EXCESS OF FIFTEEN THOUSAND DOLLARS.
   34    2. NOTICE OF VIOLATION AND OPPORTUNITY TO CONTEST. THE BOARD SHALL:
   35    (A) DETERMINE WHETHER A VIOLATION OF ANY PROVISION OF  THIS  TITLE  OR
   36  RULE PROMULGATED HEREUNDER HAS BEEN COMMITTED;
   37    (B) GIVE WRITTEN NOTICE AND THE OPPORTUNITY TO CONTEST BEFORE AN INDE-
   38  PENDENT  HEARING  OFFICER  TO  EACH  PERSON  OR  ENTITY IT HAS REASON TO
   39  BELIEVE HAS COMMITTED A VIOLATION; AND
   40    (C) IF APPROPRIATE, ASSESS PENALTIES FOR  VIOLATIONS,  FOLLOWING  SUCH
   41  NOTICE AND OPPORTUNITY TO CONTEST.
   42    3.  CRIMINAL CONDUCT. ANY PERSON WHO KNOWINGLY AND WILLFULLY FURNISHES
   43  OR SUBMITS FALSE STATEMENTS OR INFORMATION TO THE  BOARD  IN  CONNECTION
   44  WITH  ITS ADMINISTRATION OF THIS TITLE, SHALL BE GUILTY OF A MISDEMEANOR
   45  IN ADDITION TO ANY OTHER PENALTY AS MAY BE IMPOSED UNDER THIS CHAPTER OR
   46  PURSUANT TO ANY OTHER LAW. THE BOARD SHALL SEEK TO  RECOVER  ANY  PUBLIC
   47  MATCHING FUNDS OBTAINED AS A RESULT OF SUCH CRIMINAL CONDUCT.
   48    4. PROCEEDINGS AS TO PUBLIC FINANCING. (A) THE DETERMINATION OF ELIGI-
   49  BILITY  PURSUANT  TO  THIS  TITLE  AND ANY QUESTION OR ISSUE RELATING TO
   50  PAYMENTS FOR  CAMPAIGN  EXPENDITURES  PURSUANT  TO  THIS  TITLE  MAY  BE
   51  CONTESTED  IN A PROCEEDING INSTITUTED IN THE SUPREME COURT, ALBANY COUN-
   52  TY, BY ANY AGGRIEVED CANDIDATE.
   53    (B) A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION  OF  ELIGIBILITY
   54  OR  PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO THIS CHAPTER
   55  SHALL BE INSTITUTED WITHIN FOURTEEN DAYS AFTER  SUCH  DETERMINATION  WAS
   56  MADE. THE BOARD SHALL BE MADE A PARTY TO ANY SUCH PROCEEDING.
       A. 7870                            20
    1    (C)  UPON THE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE FROM A PARTIC-
    2  IPATING CANDIDATE OR SUCH CANDIDATE'S  AUTHORIZED  COMMITTEE  AFTER  THE
    3  ISSUANCE  OF  WRITTEN  NOTICE  OF  SUCH  AMOUNT DUE, AS REQUIRED BY THIS
    4  TITLE, THE BOARD IS AUTHORIZED TO  INSTITUTE  A  SPECIAL  PROCEEDING  OR
    5  CIVIL  ACTION  IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A JUDGMENT FOR
    6  ANY AMOUNTS DETERMINED TO BE PAYABLE TO THE BOARD  AS  A  RESULT  OF  AN
    7  EXAMINATION  AND  AUDIT  MADE  PURSUANT  TO THIS TITLE OR TO OBTAIN SUCH
    8  AMOUNTS DIRECTLY FROM THE CANDIDATE  OR  AUTHORIZED  COMMITTEE  AFTER  A
    9  HEARING AT THE STATE BOARD OF ELECTIONS.
   10    (D) THE BOARD IS AUTHORIZED TO INSTITUTE A SPECIAL PROCEEDING OR CIVIL
   11  ACTION  IN  SUPREME COURT, ALBANY COUNTY, TO OBTAIN A JUDGMENT FOR CIVIL
   12  PENALTIES DETERMINED TO BE PAYABLE TO THE BOARD PURSUANT TO  THIS  TITLE
   13  OR TO IMPOSE SUCH PENALTY DIRECTLY AFTER A HEARING AT THE STATE BOARD OF
   14  ELECTIONS.
   15    S  14-211.  REPORTS. THE BOARD SHALL REVIEW AND EVALUATE THE EFFECT OF
   16  THIS TITLE UPON THE CONDUCT OF ELECTION CAMPAIGNS  AND  SHALL  SUBMIT  A
   17  REPORT TO THE LEGISLATURE ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWEN-
   18  TY,  AND  EVERY  THIRD  YEAR  THEREAFTER, AND AT ANY OTHER TIME UPON THE
   19  REQUEST OF THE GOVERNOR AND AT SUCH  OTHER  TIMES  AS  THE  BOARD  DEEMS
   20  APPROPRIATE. THESE REPORTS SHALL INCLUDE:
   21    1.  A  LIST  OF  THE  PARTICIPATING AND NONPARTICIPATING CANDIDATES IN
   22  COVERED ELECTIONS AND THE VOTES RECEIVED  BY  EACH  CANDIDATE  IN  THOSE
   23  ELECTIONS;
   24    2.  THE  AMOUNT  OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES
   25  MADE, ON BEHALF OF THESE CANDIDATES;
   26    3. THE AMOUNT OF PUBLIC MATCHING FUNDS  EACH  PARTICIPATING  CANDIDATE
   27  RECEIVED, SPENT, AND REPAID PURSUANT TO THIS TITLE;
   28    4.  ANALYSIS  OF  THE  EFFECT  OF  THIS  TITLE ON POLITICAL CAMPAIGNS,
   29  INCLUDING ITS EFFECT ON THE SOURCES AND AMOUNTS  OF  PRIVATE  FINANCING,
   30  THE  LEVEL  OF CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE NUMBER OF
   31  CANDIDATES, THE CANDIDATES' ABILITY TO CAMPAIGN EFFECTIVELY  FOR  PUBLIC
   32  OFFICE,  AND  THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
   33  AND
   34    5. RECOMMENDATIONS FOR AMENDMENTS TO THIS TITLE, INCLUDING CHANGES  IN
   35  CONTRIBUTION  LIMITS, THRESHOLDS FOR ELIGIBILITY, AND ANY OTHER FEATURES
   36  OF THE SYSTEM.
   37    S 14-212. DEBATES FOR CANDIDATES FOR  STATEWIDE  OFFICE.    THE  BOARD
   38  SHALL  PROMULGATE  REGULATIONS TO FACILITATE DEBATES AMONG PARTICIPATING
   39  CANDIDATES WHO SEEK ELECTION TO STATEWIDE OFFICE.  PARTICIPATING  CANDI-
   40  DATES ARE REQUIRED TO PARTICIPATE IN ONE DEBATE BEFORE EACH ELECTION FOR
   41  WHICH  THE  CANDIDATE  RECEIVES  PUBLIC  FUNDS, UNLESS THE PARTICIPATING
   42  CANDIDATE IS RUNNING UNOPPOSED. NONPARTICIPATING CANDIDATES MAY  PARTIC-
   43  IPATE IN SUCH DEBATES.
   44    S  14-213. SEVERABILITY.   IF ANY CLAUSE, SENTENCE, SUBDIVISION, PARA-
   45  GRAPH, SECTION OR PART OF THIS TITLE BE ADJUDGED BY ANY COURT OF  COMPE-
   46  TENT  JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR
   47  OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
   48  TION TO THE CLAUSE, SENTENCE, SUBDIVISION, PARAGRAPH,  SECTION  OR  PART
   49  THEREOF  DIRECTLY  INVOLVED  IN  THE  CONTROVERSY IN WHICH SUCH JUDGMENT
   50  SHALL HAVE BEEN RENDERED.
   51    S 7. The state finance law is amended by adding a new section 92-t  to
   52  read as follows:
   53    S  92-T.  NEW  YORK  STATE  CAMPAIGN  FINANCE FUND. 1. THERE IS HEREBY
   54  ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
   55  COMMISSIONER  OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW YORK
   56  STATE CAMPAIGN FINANCE FUND.
       A. 7870                            21
    1    2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE NEW  YORK
    2  STATE  CAMPAIGN  FINANCE  FUND  CHECK-OFF  PURSUANT TO SUBSECTION (H) OF
    3  SECTION SIX HUNDRED FIFTY-EIGHT OF THE TAX LAW, FROM THE ABANDONED PROP-
    4  ERTY FUND PURSUANT TO SECTION NINETY-FIVE  OF  THIS  ARTICLE,  FROM  THE
    5  GENERAL  FUND, AND FROM ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO
    6  FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.   SUCH  FUND  SHALL  ALSO
    7  RECEIVE  CONTRIBUTIONS FROM PRIVATE INDIVIDUALS, ORGANIZATIONS, OR OTHER
    8  PERSONS TO FULFILL THE PURPOSES OF THE PUBLIC FINANCING SYSTEM.
    9    3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
   10  BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO  CANDIDATES  PURSUANT
   11  TO  TITLE II OF ARTICLE FOURTEEN OF THE ELECTION LAW AND FOR ADMINISTRA-
   12  TIVE EXPENSES RELATED TO THE IMPLEMENTATION OF ARTICLE FOURTEEN  OF  THE
   13  ELECTION  LAW.  MONEYS  SHALL BE PAID OUT OF THE FUND BY THE STATE COMP-
   14  TROLLER ON  VOUCHERS  CERTIFIED  OR  APPROVED  BY  THE  STATE  BOARD  OF
   15  ELECTIONS,   OR  ITS  DULY  DESIGNATED  REPRESENTATIVE,  IN  THE  MANNER
   16  PRESCRIBED BY LAW, NOT MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS
   17  RECEIVED BY THE STATE COMPTROLLER.
   18    4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  IF,  IN  ANY
   19  STATE  FISCAL  YEAR, THE STATE CAMPAIGN FINANCE FUND LACKS THE AMOUNT OF
   20  MONEY TO PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES  AND  CERTIFIED
   21  OR  APPROVED  BY THE STATE BOARD OF ELECTIONS, ANY SUCH DEFICIENCY SHALL
   22  BE PAID BY THE STATE COMPTROLLER, FROM FUNDS DEPOSITED  IN  THE  GENERAL
   23  FUND  OF THE STATE NOT MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS
   24  RECEIVED BY THE STATE COMPTROLLER.
   25    5. COMMENCING IN TWO THOUSAND SEVENTEEN, IF THE SURPLUS IN THE FUND ON
   26  APRIL FIRST OF THE YEAR AFTER A YEAR IN  WHICH  A  GOVERNOR  IS  ELECTED
   27  EXCEEDS  TWENTY-FIVE PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER THE
   28  PREVIOUS FOUR YEARS, THE EXCESS SHALL REVERT TO THE GENERAL FUND OF  THE
   29  STATE.
   30    6.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
   31  PRIMARY  ELECTION  ANY  EARLIER  THAN  THIRTY  DAYS  AFTER   DESIGNATING
   32  PETITIONS,  INDEPENDENT  NOMINATING  PETITIONS, OR CERTIFICATES OF NOMI-
   33  NATION HAVE BEEN FILED AND NOT LESS THAN  FORTY-FIVE  DAYS  BEFORE  SUCH
   34  ELECTION.
   35    7.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
   36  GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF  THE  PRIMARY
   37  ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
   38    8.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
   39  SPECIAL ELECTION ANY EARLIER THAN THE DAY AFTER THE  LAST  DAY  TO  FILE
   40  CERTIFICATES OF PARTY NOMINATION FOR SUCH SPECIAL ELECTION.
   41    9.  NO  PUBLIC  FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
   42  HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN  DECLARED
   43  INVALID  BY  THE  APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
   44  JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER COURT
   45  IN A FINAL JUDGMENT.  NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH
   46  A CANDIDATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON THE  DATE  OF
   47  SUCH DISQUALIFICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY
   48  PURPOSE  EXCEPT  THE  PAYMENT  OF LIABILITIES INCURRED BEFORE SUCH DATE.
   49  ALL SUCH MONEYS SHALL BE REPAID TO THE FUND.
   50    S 8. Section 95 of the state finance law is amended by  adding  a  new
   51  subdivision 5 to read as follows:
   52    5.  NOTWITHSTANDING  ANY  PROVISION  OF  THIS  SECTION AUTHORIZING THE
   53  TRANSFER OF ANY MONEYS IN THE ABANDONED PROPERTY  FUND  TO  THE  GENERAL
   54  FUND, IN JANUARY OF EACH YEAR IN WHICH A STATE GENERAL ELECTION IS TO BE
   55  HELD  PURSUANT  TO LAW, OR AT LEAST SIX WEEKS PRIOR TO ANY STATE SPECIAL
   56  ELECTION, THE COMPTROLLER, UPON WARRANT OR VOUCHER BY THE STATE BOARD OF
       A. 7870                            22
    1  ELECTIONS OR ITS DULY APPOINTED REPRESENTATIVE, SHALL TRANSFER MONEYS OF
    2  THE ABANDONED PROPERTY FUND INTO THE CAMPAIGN FINANCE FUND  PURSUANT  TO
    3  SECTION  NINETY-TWO-T OF THIS ARTICLE. ON MARCH THIRTY-FIRST OF THE YEAR
    4  FOLLOWING  SUCH  GENERAL ELECTION YEAR, SUCH BOARD SHALL TRANSFER TO THE
    5  GENERAL FUND ANY SURPLUS MONEYS OF THE CAMPAIGN FINANCE FUND AS OF  SUCH
    6  DATE.
    7    S  9. Section 658 of the tax law is amended by adding a new subsection
    8  (h) to read as follows:
    9    (H) NEW YORK STATE CAMPAIGN FINANCE FUND CHECK-OFF. (1) FOR EACH TAXA-
   10  BLE YEAR BEGINNING ON AND AFTER JANUARY  FIRST,  TWO  THOUSAND  FIFTEEN,
   11  EVERY  RESIDENT  TAXPAYER  WHOSE NEW YORK STATE INCOME TAX LIABILITY FOR
   12  THE TAXABLE YEAR FOR WHICH THE RETURN IS FILED IS FORTY DOLLARS OR  MORE
   13  MAY  DESIGNATE  ON  SUCH  RETURN THAT FORTY DOLLARS BE PAID INTO THE NEW
   14  YORK STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T  OF
   15  THE  STATE FINANCE LAW. WHERE A HUSBAND AND WIFE FILE A JOINT RETURN AND
   16  HAVE A NEW YORK STATE INCOME TAX LIABILITY  FOR  THE  TAXABLE  YEAR  FOR
   17  WHICH  THE  RETURN  IS FILED IS EIGHTY DOLLARS OR MORE, OR FILE SEPARATE
   18  RETURNS ON A SINGLE FORM, EACH SUCH TAXPAYER MAY  MAKE  SEPARATE  DESIG-
   19  NATIONS  ON  SUCH  RETURN  OF FORTY DOLLARS TO BE PAID INTO THE NEW YORK
   20  STATE CAMPAIGN FINANCE FUND.
   21    (2) THE COMMISSIONER SHALL TRANSFER TO THE  NEW  YORK  STATE  CAMPAIGN
   22  FINANCE  FUND, ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE STATE
   23  FINANCE LAW, AN AMOUNT EQUAL TO FORTY DOLLARS MULTIPLIED BY  THE  NUMBER
   24  OF DESIGNATIONS.
   25    (3)  FOR  PURPOSES  OF THIS SUBSECTION, THE INCOME TAX LIABILITY OF AN
   26  INDIVIDUAL FOR ANY TAXABLE YEAR IS THE AMOUNT OF TAX IMPOSED UNDER  THIS
   27  ARTICLE  REDUCED  BY  THE  SUM  OF  THE  CREDITS (AS SHOWN IN HIS OR HER
   28  RETURN) ALLOWABLE UNDER THIS ARTICLE.
   29    (4) THE DEPARTMENT SHALL INCLUDE A PLACE ON EVERY PERSONAL INCOME  TAX
   30  RETURN  FORM TO BE FILED BY AN INDIVIDUAL FOR A TAX YEAR BEGINNING ON OR
   31  AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, FOR SUCH TAXPAYER TO MAKE THE
   32  DESIGNATIONS DESCRIBED IN PARAGRAPH ONE OF THIS SUBSECTION. SUCH  RETURN
   33  FORM SHALL CONTAIN A CONCISE EXPLANATION OF THE PURPOSE OF SUCH OPTIONAL
   34  DESIGNATIONS.
   35    (5)  AT  THE BEGINNING OF EACH FOURTH CALENDAR YEAR, COMMENCING IN TWO
   36  THOUSAND TWENTY-ONE, THE DEPARTMENT SHALL DETERMINE  THE  PERCENTAGE  OF
   37  THE  DIFFERENCE BETWEEN THE MOST RECENT AVAILABLE MONTHLY CONSUMER PRICE
   38  INDEX FOR ALL URBAN CONSUMERS PUBLISHED BY THE UNITED STATES  BUREAU  OF
   39  LABOR  STATISTICS  AND  SUCH CONSUMER PRICE INDEX PUBLISHED FOR THE SAME
   40  MONTH FOUR YEARS PREVIOUSLY. EACH DOLLAR AMOUNT SET OUT IN PARAGRAPH ONE
   41  OF THIS SUBSECTION SHALL BE ADJUSTED BY THE AMOUNT  OF  SUCH  PERCENTAGE
   42  DIFFERENCE  TO  THE  CLOSEST  ONE  DOLLAR BY THE DEPARTMENT, WHICH SHALL
   43  ISSUE A REGULATION PUBLISHING THE AMOUNT OF  EACH  SUCH  DOLLAR  AMOUNT.
   44  EACH  DOLLAR  AMOUNT  AS  SO  ADJUSTED SHALL GOVERN THE OPERATION OF THE
   45  STATE CAMPAIGN FINANCE FUND CHECK-OFF BEFORE THE NEXT SUCH ADJUSTMENT.
   46    S 10. Subdivision 2 of section 14-120 of the election law, as added by
   47  chapter 79 of the laws of 1992, is amended to read as follows:
   48    2. Notwithstanding subdivision one of this section, a partnership,  as
   49  defined  in  section  ten of the partnership law, OR A LIMITED LIABILITY
   50  COMPANY, AS DEFINED IN SECTION ONE HUNDRED TWO OF THE LIMITED  LIABILITY
   51  COMPANY  LAW,  may  be  considered a separate entity for the purposes of
   52  this section, and as such may make contributions in  the  name  of  said
   53  partnership  OR  LIMITED  LIABILITY  COMPANY  without  attributing  such
   54  contributions to the individual members of the  partnership  OR  LIMITED
   55  LIABILITY COMPANY provided that any such contribution made by a partner-
   56  ship  OR  LIMITED  LIABILITY  COMPANY  to  a candidate or to a political
       A. 7870                            23
    1  committee, shall not exceed[,] twenty-five hundred dollars. In the event
    2  that such partnership OR LIMITED LIABILITY COMPANY contribution  to  any
    3  such  candidate  or  political  committee  exceeds  twenty-five  hundred
    4  dollars,  the  aggregate amount of such contribution shall be attributed
    5  to each partner OR LIMITED LIABILITY COMPANY MEMBER whose share  of  the
    6  contribution exceeds ninety-nine dollars.
    7    S  11. Subdivision 3 of section 14-124 of the election law, as amended
    8  by chapter 71 of the laws of 1988, is amended to read as follows:
    9    [3. The contribution and receipt limits  of  this  article  shall  not
   10  apply  to  monies received and expenditures made by a party committee or
   11  constituted committee to maintain a permanent headquarters and staff and
   12  carry on ordinary activities which are not for the  express  purpose  of
   13  promoting the candidacy of specific candidates.]
   14    S  12.  The  election law is amended by adding a new section 14-125 to
   15  read as follows:
   16    S 14-125. NEW YORK STATE BUSINESS CONTRACT DATABASE. 1. A. AS USED  IN
   17  THIS SECTION:
   18    (I)  THE  TERM  "BUSINESS RELATIONSHIPS WITH THE STATE" SHALL MEAN ANY
   19  CONTRACT FOR THE PROCUREMENT OF GOODS, SERVICES OR CONSTRUCTION THAT  IS
   20  ENTERED  INTO  OR  IN EFFECT WITH THE STATE OF NEW YORK OR ANY AGENCY OR
   21  ENTITY AFFILIATED THERETO NOT AWARDED THROUGH A COMPETITIVE BID  PROCESS
   22  PURSUANT  TO ARTICLES NINE AND ELEVEN OF THE STATE FINANCE LAW. BUSINESS
   23  RELATIONSHIPS WITH THE  STATE  SHALL  NOT  MEAN  ANY  PERSON  OR  ENTITY
   24  REJECTED  FROM  PARTICIPATION IN SUCH A CONTRACT OR ANY PERSON OR ENTITY
   25  NOT PARTICIPATING IN SUCH A CONTRACT WITHIN TWENTY-FOUR  MONTHS  OF  ANY
   26  ELECTION.
   27    (II) THE TERM "NEW YORK STATE BUSINESS CONTRACT DATABASE" SHALL MEAN A
   28  DATABASE  CREATED,  OPERATED,  MAINTAINED AND UPDATED BY THE STATE COMP-
   29  TROLLER ACCESSIBLE TO THE PUBLIC WHICH CONTAINS THE NAMES OF PERSONS WHO
   30  HAVE BUSINESS RELATIONSHIPS WITH THE STATE. SUCH DATABASE SHALL  PROVIDE
   31  A  UNIQUE  IDENTIFIER  ASSIGNED BY THE STATE COMPTROLLER FOR EACH PERSON
   32  WHO HAS A BUSINESS RELATIONSHIP WITH THE STATE  AND  SHALL  BE  CREATED,
   33  OPERATED, MAINTAINED AND UPDATED BY THE STATE COMPTROLLER IN A MANNER SO
   34  AS  TO ENSURE ITS REASONABLE ACCURACY AND COMPLETENESS; PROVIDED, HOWEV-
   35  ER, THAT IN NO EVENT SHALL SUCH DATABASE BE UPDATED LESS FREQUENTLY THAN
   36  ONCE A MONTH IN ANY GENERAL ELECTION YEAR. SUCH  DATABASE  SHALL  ENABLE
   37  MEMBERS  OF  THE  PUBLIC  TO  DETERMINE IF A GIVEN PERSON HAS A BUSINESS
   38  RELATIONSHIP WITH THE STATE.
   39    (III) THE TERM "PERSON" SHALL INCLUDE  ANY  CHIEF  EXECUTIVE  OFFICER,
   40  CHIEF  FINANCIAL  OFFICER  OR  CHIEF OPERATING OFFICER OF SUCH ENTITY OR
   41  PERSONS SERVING IN AN EQUIVALENT CAPACITY,  ANY  PERSON  EMPLOYED  IN  A
   42  SENIOR  MANAGERIAL CAPACITY REGARDING SUCH ENTITY, OR ANY PERSON WITH AN
   43  INTEREST IN SUCH ENTITY WHICH EXCEEDS TEN PERCENT OF THE VALUE  OF  SUCH
   44  ENTITY AT FAIR MARKET VALUE.
   45    (IV)  THE  TERM  "SENIOR  MANAGERIAL CAPACITY" SHALL MEAN A HIGH LEVEL
   46  SUPERVISORY CAPACITY, EITHER BY VIRTUE OF  TITLE  OR  DUTIES,  IN  WHICH
   47  SUBSTANTIAL DISCRETION AND OVERSIGHT IS EXERCISED OVER THE SOLICITATION,
   48  LETTING  OR  ADMINISTRATION  OF  BUSINESS  TRANSACTIONS  WITH THE STATE,
   49  INCLUDING CONTRACTS, FRANCHISES, CONCESSION, GRANTS,  ECONOMIC  DEVELOP-
   50  MENT AGREEMENTS AND APPLICATION FOR LAND USE APPROVALS.
   51    B. ANY DATABASE MAINTAINED BY THE COMPTROLLER AS OF THE EFFECTIVE DATE
   52  OF  THIS SECTION MAY SERVE AS THE NEW YORK STATE BUSINESS CONTRACT DATA-
   53  BASE UPON CERTIFICATION  BY  THE  COMPTROLLER  TO  THE  STATE  BOARD  OF
   54  ELECTIONS  THAT SUCH DATABASE FULFILLS THE REQUIREMENTS OF THIS SECTION.
   55  EVERY STATE AGENCY OR AUTHORITY OF THE STATE INCLUDING ANY ENTITY AFFIL-
   56  IATED THERETO SHALL PROVIDE THE COMPTROLLER WITH SUCH INFORMATION AS  IS
       A. 7870                            24
    1  NECESSARY  TO  CONSTRUCT,  MODIFY AND MAINTAIN SUCH DATABASE IN A TIMELY
    2  MANNER.
    3    2.  A.  NEITHER  A  CANDIDATE  PARTICIPATING IN THE VOLUNTARY CAMPAIGN
    4  FINANCE PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE,  NOR  A  POLITICAL
    5  COMMITTEE  OF  SUCH  CANDIDATE  SHALL ACCEPT CONTRIBUTIONS FOR A COVERED
    6  ELECTION WHICH IN THE AGGREGATE EXCEEDS  FOUR  HUNDRED  DOLLARS  FROM  A
    7  PERSON OR ENTITY WHO HAS A BUSINESS RELATIONSHIP WITH THE STATE.
    8    B.  NEITHER  A  CANDIDATE  WHO  DOES  NOT  PARTICIPATE  IN A VOLUNTARY
    9  CAMPAIGN FINANCE PROGRAM  PURSUANT  TO  THIS  ARTICLE  NOR  A  POLITICAL
   10  COMMITTEE  OF  SUCH  CANDIDATE  SHALL ACCEPT CONTRIBUTIONS FOR A COVERED
   11  ELECTION WHICH IN THE AGGREGATE EXCEEDS  FOUR  HUNDRED  DOLLARS  FROM  A
   12  PERSON OR ENTITY WHO HAS A BUSINESS RELATIONSHIP WITH THE STATE.
   13    C.  NO  CONTRIBUTION  PURSUANT  TO THIS SECTION TO A CANDIDATE OR TO A
   14  POLITICAL COMMITTEE OF SUCH CANDIDATE SHALL  BE  ELIGIBLE  FOR  MATCHING
   15  CONTRIBUTIONS PURSUANT TO TITLE TWO OF THIS ARTICLE.
   16    D. IF THE STATE BOARD OF ELECTIONS DETERMINES THAT ANY CONTRIBUTION TO
   17  A CANDIDATE OR TO THE POLITICAL COMMITTEE OF SUCH CANDIDATE VIOLATES THE
   18  PROVISIONS OF THIS SECTION, SUCH BOARD SHALL NOTIFY SUCH CANDIDATE WITH-
   19  IN  TWENTY  DAYS OF SUCH DETERMINATION AND SUCH CANDIDATE OR CANDIDATE'S
   20  POLITICAL COMMITTEE SHALL MAKE  A  REASONABLE  ATTEMPT  TO  RETURN  SUCH
   21  CONTRIBUTION  TO THE CONTRIBUTOR; PROVIDED, HOWEVER, THAT IF SUCH CANDI-
   22  DATE OR THE POLITICAL COMMITTEE OF SUCH CANDIDATE IS  UNABLE  TO  RETURN
   23  SUCH  CONTRIBUTION,  SUCH  MONIES  SHALL  BE  PAID TO THE STATE BOARD OF
   24  ELECTIONS FOR PAYMENT INTO THE NEW  YORK  STATE  CAMPAIGN  FINANCE  FUND
   25  PURSUANT TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
   26    E.  WHEN  PUBLICLY REPORTING CAMPAIGN CONTRIBUTIONS, WHERE APPLICABLE,
   27  THE BOARD OF ELECTIONS SHALL INCORPORATE THE UNIQUE IDENTIFIER  ASSIGNED
   28  BY  THE  STATE COMPTROLLER FOR ANY CONTRIBUTOR WITH A BUSINESS RELATION-
   29  SHIP WITH THE STATE.
   30    F. THE STATE COMPTROLLER  AND  THE  STATE  BOARD  OF  ELECTIONS  SHALL
   31  PROMULGATE  SUCH  RULES AND REGULATIONS AS THE COMPTROLLER AND THE BOARD
   32  DEEM NECESSARY FOR THE ADMINISTRATION OF THIS SECTION.
   33    S 13. Sections 1-u and 1-v of the  legislative  law,  section  1-v  as
   34  relettered by chapter 1 of the laws of 2005, are renumbered sections 1-w
   35  and 1-x and two new sections 1-u and 1-v are added to read as follows:
   36    S  1-U. RESTRICTIONS ON POLITICAL CONTRIBUTIONS BY LOBBYISTS. A LOBBY-
   37  IST SHALL NOT SOLICIT, MAKE OR TRANSMIT A CONTRIBUTION OR A REQUEST  FOR
   38  A  CONTRIBUTION  FROM  OR TO ANY PERSON, INCLUDING A POLITICAL COMMITTEE
   39  FOR THE BENEFIT OF A PUBLIC OFFICIAL OR PARTY COMMITTEE, FOR ELECTION TO
   40  ANY STATE OR MUNICIPAL CORPORATION OFFICE; EXCEPT THAT  A  LOBBYIST  MAY
   41  MAKE A POLITICAL CONTRIBUTION UP TO TWO HUNDRED FIFTY DOLLARS PER CANDI-
   42  DATE  PER  ELECTION; PROVIDED HOWEVER, THAT FOR STATE LEVEL PUBLIC OFFI-
   43  CIALS, SUCH CONTRIBUTION MAY ONLY BE MADE BETWEEN JULY FIRST AND  DECEM-
   44  BER THIRTY-FIRST.
   45    S 1-V. RESTRICTIONS ON ACCEPTANCE OF POLITICAL CONTRIBUTIONS BY PUBLIC
   46  OFFICIALS.  A  PUBLIC  OFFICIAL  SHALL NOT KNOWINGLY ACCEPT, SOLICIT, OR
   47  TRANSMIT A CONTRIBUTION OR A REQUEST FOR A CONTRIBUTION FOR  HIMSELF  OR
   48  HERSELF  OR  ANY PUBLIC OFFICIAL, POLITICAL COMMITTEE, OR CANDIDATE FROM
   49  OR ON BEHALF OF ANY LOBBYIST REGULATED BY THIS ARTICLE,  EXCEPT  THAT  A
   50  PUBLIC  OFFICIAL  MAY ACCEPT POLITICAL CONTRIBUTIONS FROM A LOBBYIST, UP
   51  TO TWO HUNDRED FIFTY DOLLARS PER ELECTION; PROVIDED  HOWEVER,  THAT  FOR
   52  STATE LEVEL PUBLIC OFFICIALS, SUCH CONTRIBUTION MAY ONLY BE MADE BETWEEN
   53  JULY FIRST AND DECEMBER THIRTY-FIRST.
   54    S  14. Paragraphs (iii) and (iv) of subdivision 3 of section 14-130 of
   55  the election law, as added by section 9 of part CC of chapter 56 of  the
   56  laws of 2015, are amended to read as follows:
       A. 7870                            25
    1    (iii)  clothing[,  other  than  items  that  are]  TO  BE used [in the
    2  campaign or in the execution of the duties of  public  office  or  party
    3  position]  BY  THE  CANDIDATE OR OFFICE HOLDER OR A MEMBER OF THE CANDI-
    4  DATE'S OR OFFICE HOLDER'S FAMILY;
    5    (iv)  tuition payments [unrelated to a political campaign or the hold-
    6  ing of a public office or party position];
    7    S 15. Severability. If any clause, sentence,  subdivision,  paragraph,
    8  section  or part of title II of article 14 of the election law, as added
    9  by section six of this act be adjudged by any court of competent  juris-
   10  diction to be invalid, such judgment shall not affect, impair or invali-
   11  date  the  remainder  thereof, but shall be confined in its operation to
   12  the clause, sentence, subdivision, paragraph, section  or  part  thereof
   13  directly  involved  in the controversy in which such judgment shall have
   14  been rendered.
   15    S 16.  This act shall take effect immediately; provided, however,  all
   16  state  legislative  candidates will be eligible to participate in volun-
   17  tary public financing beginning with the 2017 primary election  and  all
   18  other   state  candidates,  including  those  in  irregularly  scheduled
   19  elections, will be eligible to participate in voluntary public financing
   20  beginning with the 2019 primary election.
   21    S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
   22  sion, section or part of this act shall be  adjudged  by  any  court  of
   23  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   24  impair, or invalidate the remainder thereof, but shall  be  confined  in
   25  its  operation  to the clause, sentence, paragraph, subdivision, section
   26  or part thereof directly involved in the controversy in which such judg-
   27  ment shall have been rendered. It is hereby declared to be the intent of
   28  the legislature that this act would  have  been  enacted  even  if  such
   29  invalid provisions had not been included herein.
   30    S  4.  This  act shall take effect immediately provided, however, that
   31  the applicable effective date of Parts A through C of this act shall  be
   32  as specifically set forth in the last section of such Parts.