S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 6355--A                                            A. 8555--A
                             S E N A T E - A S S E M B L Y
                                   January 21, 2014
                                      ___________
       IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
         cle seven of the Constitution -- read twice and ordered  printed,  and
         when  printed to be committed to the Committee on Finance -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
         article  seven  of  the  Constitution -- read once and referred to the
         Committee on Ways and Means --  committee  discharged,  bill  amended,
         ordered reprinted as amended and recommitted to said committee
       AN  ACT to amend the vehicle and traffic law, in relation to the revoca-
         tion of driver's licenses for multiple convictions  of  driving  while
         intoxicated, civil penalties, and aggravated unlicensed operation of a
         motor  vehicle;  and to repeal certain provisions of such law relating
         thereto (Part A); to amend the vehicle and traffic law, in relation to
         the  suspension  and  revocation  of  certain  driver's  licenses  for
         violations relating to the use of mobile telephones and portable elec-
         tronic  devices  while driving and increased fines for such violations
         (Part B); to amend chapter 503 of the laws of 2009,  relating  to  the
         disposition  of  monies  recovered by county district attorneys before
         the filing of an accusatory instrument, in relation to the  effective-
         ness thereof (Part C); to amend the tax law, in relation to suspending
         the transfer of monies into the emergency services revolving loan fund
         from  the  public safety communications account (Part D); to amend the
         civil service law, in relation to the reimbursement of medicare premi-
         um charges (Part E); to amend the civil service law, the  state  tech-
         nology  law, the general municipal law and the public officers law, in
         relation to supporting the consolidation of state information technol-
         ogy resources (Part F); to amend chapter 410  of  the  laws  of  2009,
         amending  the  state finance law relating to authorizing the aggregate
         purchases of energy for state agencies,  institutions,  local  govern-
         ments,  public authorities and public benefit corporations and chapter
         97 of the laws of 2011, amending the state finance law and other  laws
         relating  to providing certain centralized service to political subdi-
         visions and extending the authority of  the  commissioner  of  general
         services to aggregate purchases of energy for state agencies and poli-
         tical  subdivisions, in relation to extending the expiration dates for
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12670-02-4
       S. 6355--A                          2                         A. 8555--A
         the provision of certain centralized services and purchasing  authori-
         zations  (Part G); to amend the criminal procedure law, in relation to
         the prosecution of misconduct by public servants, and in  relation  to
         including corrupting the government within the definition of a  desig-
         nated offense; to amend the penal law, in relation to establishing the
         crime  of  corrupting the government, requires the intent to influence
         within the crime of bribery, and expands the crime of bribe receiving;
         to amend the legislative law, in relation to lobbying;  to  amend  the
         state finance law, in relation to cancellation and disqualification of
         certain  contracts;  to  amend  the  civil  practice law and rules, in
         relation to including the crime of public corruption within  the  term
         of  preconviction  forfeiture crime; to amend the public officers law,
         in relation to persons deemed incapable of holding a civil office;  to
         amend  the  real  property  tax  law, in relation to certain exemption
         limitations; to amend the general municipal law, in relation to  limi-
         tations  on empire zone designation; to amend the tax law, in relation
         to certain tax credit limitations; to amend the public  officers  law,
         in  relation  to  financial disclosure and to repeal section 195.20 of
         the penal law relating to defrauding the government  (Subpart  A);  to
         amend  the  election  law, in relation to the state board of elections
         chief enforcement counsel; and to amend the criminal procedure law, in
         relation to the chief  enforcement  counsel  of  the  state  board  of
         elections  (Subpart  B);  to  amend  the  election law, in relation to
         campaign finance reform  and  in  relation  to  campaign  contribution
         limits  and  penalties  for  violations  (Subpart C); and to amend the
         election law, in relation to campaign receipts  and  expenditures;  to
         amend  the election law, in relation to contribution and receipt limi-
         tations; to amend the election law, in relation to  public  financing;
         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 check-off (Subpart D) (Part H);
         and to provide for the administration of certain  funds  and  accounts
         related to the 2014-15 budget, authorizing certain payments and trans-
         fers; to amend the state finance law, in relation to school tax relief
         fund;  to amend the state finance law, in relation to payments, trans-
         fers and deposits; to amend the state finance law, in relation to  the
         period  for  which  appropriations  can  be  made; to transfer certain
         employees of the division of military and naval affairs to the  office
         of  general  services;  to amend the state finance law, in relation to
         the issuance of bonds and notes; to amend the state  finance  law,  in
         relation to the general fund; to amend the New York state urban devel-
         opment  corporation  act,  in  relation  to  funding project costs for
         certain capital projects; to amend chapter 389 of the  laws  of  1997,
         relating  to  the financing of the correctional facilities improvement
         fund and the youth facility improvement fund, in relation to the issu-
         ance of bonds; to amend the private housing finance law,  in  relation
         to  housing  program bonds and notes; to amend chapter 329 of the laws
         of 1991, amending the state finance law and other laws relating to the
         establishment of the dedicated  highway  and  bridge  trust  fund,  in
         relation  to  the  issuance  of bonds; to amend the public authorities
         law, in relation to the dormitory authority; to amend  chapter  61  of
         the  laws  of  2005, providing for the administration of certain funds
         and accounts related to the 2005-2006 budget, in relation to  issuance
         of  bonds  by the urban development corporation; to amend the New York
         state urban development corporation act, in relation to the  Clarkson-
         trudeau partnership, the New York genome center, the Cornell Universi-
       S. 6355--A                          3                         A. 8555--A
         ty  college  of  veterinary medicine, the Olympic regional development
         authority, a project at nano  Utica,  Onondaga  county  revitalization
         projects;  to  amend  the  public  authorities law, in relation to the
         state  environmental  infrastructure  projects;  to  amend  the  state
         finance law, in relation to the New York state storm recovery  capital
         fund;  to  amend the New York state urban development corporation act,
         in relation to authorizing the urban development corporation to  issue
         bonds  to fund project costs for the implementation of a NY-CUNY chal-
         lenge grant program; to amend chapter 81 of the laws of 2002,  provid-
         ing  for  the  administration of certain funds and accounts related to
         the 2002-2003 budget, in relation to increasing the  aggregate  amount
         of  bonds  to be issued by the New York state urban development corpo-
         ration; to amend the public authorities law, in relation to  financing
         of  peace  bridge  and  transportation  capital projects; to amend the
         public authorities law, in relation to dormitories at  certain  educa-
         tional  institutions other than state operated institutions and statu-
         tory or contract colleges under the jurisdiction of the state  univer-
         sity  of New York; to amend the public authorities law, in relation to
         authorization for the issuance of bonds for the capital  restructuring
         bond  finance  program;  to  amend  chapter  389  of the laws of 1997,
         providing for the financing of the correctional facilities improvement
         fund and the youth facility improvement fund, in relation to the issu-
         ance of bonds; to amend the public authorities  law,  in  relation  to
         environmental  remediation;  to  amend the New York state medical care
         facilities finance agency act, in relation to bonds and mental  health
         facilities  improvement  notes and providing for the repeal of certain
         provisions upon expiration thereof (Part I)
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  This  act enacts into law major components of legislation
    2  which are necessary to implement the state fiscal plan for the 2014-2015
    3  state fiscal year. Each component is  wholly  contained  within  a  Part
    4  identified  as Parts A through I. The effective date for each particular
    5  provision contained within such Part is set forth in the last section of
    6  such Part. Any provision in any section contained within a Part, includ-
    7  ing the effective date of the Part, which makes a reference to a section
    8  "of this act", when used in connection with that  particular  component,
    9  shall  be  deemed  to mean and refer to the corresponding section of the
   10  Part in which it is found. Section three of  this  act  sets  forth  the
   11  general effective date of this act.
   12                                   PART A
   13    Section  1.  Subparagraph  1-a  of  paragraph  (b) of subdivision 2 of
   14  section 1193 of the vehicle and traffic law is REPEALED.
   15    S 2. Paragraph (b) of subdivision 2 of section 1193 of the vehicle and
   16  traffic law is amended by adding a  new  subparagraph  3-a  to  read  as
   17  follows:
   18    (3-A)  DRIVING  WHILE  ABILITY  IMPAIRED OR WHILE INTOXICATED OR WHILE
   19  ABILITY IMPAIRED BY THE COMBINED INFLUENCE OF DRUGS OR  OF  ALCOHOL  AND
   20  ANY  DRUG  OR  DRUGS  OR  AGGRAVATED  DRIVING  WHILE  INTOXICATED; PRIOR
   21  OFFENSES WITHIN THREE YEARS. FIVE YEARS, WHERE THE HOLDER  IS  CONVICTED
   22  OF  A VIOLATION OF SUBDIVISION ONE, TWO, TWO-A, THREE, FOUR OR FOUR-A OF
       S. 6355--A                          4                         A. 8555--A
    1  SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE COMMITTED WITHIN THREE
    2  YEARS OF A CONVICTION FOR A VIOLATION  OF  ANY  SUBDIVISION  OF  SECTION
    3  ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE.
    4    S  3.  Clause (a) of subparagraph 12 of paragraph (b) of subdivision 2
    5  of section 1193 of the vehicle and traffic law, as added by chapter  732
    6  of the laws of 2006, is amended to read as follows:
    7    (a) Notwithstanding any other provision of this chapter to the contra-
    8  ry,  whenever  a  revocation is imposed upon a person for the refusal to
    9  submit to a chemical test pursuant to the provisions of  section  eleven
   10  hundred  ninety-four  of this article or conviction for any violation of
   11  section eleven hundred ninety-two of this article for which  a  sentence
   12  of imprisonment may be imposed OR AN OUT-OF-STATE CONVICTION FOR OPERAT-
   13  ING  A  MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS OR A
   14  CONVICTION OF A VIOLATION OF THE PENAL LAW FOR WHICH A VIOLATION OF SUCH
   15  SECTION ELEVEN HUNDRED NINETY-TWO IS  AN  ESSENTIAL  ELEMENT,  and  such
   16  person  has[:  (i) within the previous four years] PREVIOUSLY been twice
   17  convicted of any provisions of section eleven hundred ninety-two of this
   18  article OR AN OUT-OF-STATE CONVICTION  FOR  OPERATING  A  MOTOR  VEHICLE
   19  WHILE  UNDER  THE  INFLUENCE  OF  ALCOHOL OR DRUGS or a violation of the
   20  penal law for which a violation of such section eleven  hundred  ninety-
   21  two  is an essential element [and at least one such conviction was for a
   22  crime], or has PREVIOUSLY twice been found to have refused to submit  to
   23  a  chemical  test pursuant to section eleven hundred ninety-four of this
   24  article, or has any combination of two such convictions and findings  of
   25  refusal not arising out of the same incident[; or (ii) within the previ-
   26  ous  eight  years been convicted three times of any provision of section
   27  eleven hundred ninety-two of this article for which a sentence of impri-
   28  sonment may be imposed or a violation of  the  penal  law  for  which  a
   29  violation  of  such  section  eleven  hundred ninety-two is an essential
   30  element and at least two such convictions were for crimes, or  has  been
   31  found, on three separate occasions, to have refused to submit to a chem-
   32  ical  test  pursuant to section eleven hundred ninety-four of this arti-
   33  cle, or has any combination of such convictions and findings of  refusal
   34  not  arising  out of the same incident], such revocation shall be perma-
   35  nent.
   36    S 4. Subparagraph 2 of paragraph (d) of subdivision 2 of section  1194
   37  of the vehicle and traffic law, as amended by chapter 732 of the laws of
   38  2006, is amended to read as follows:
   39    (2)  Civil  penalties.  Except as otherwise provided, any person whose
   40  license, permit to drive, or any  non-resident  operating  privilege  is
   41  revoked  pursuant to the provisions of this section shall also be liable
   42  for a civil penalty in the amount of five hundred dollars except that if
   43  such revocation is a second or subsequent revocation  pursuant  to  this
   44  section  issued  within  a  five  year  period,  or such person has been
   45  convicted of a violation of any subdivision of  section  eleven  hundred
   46  ninety-two of this article within the past five years not arising out of
   47  the  same  incident,  the civil penalty shall be in the amount of [seven
   48  hundred fifty] ONE THOUSAND dollars. Any person whose license is revoked
   49  pursuant to the provisions of this  section  based  upon  a  finding  of
   50  refusal  to submit to a chemical test while operating a commercial motor
   51  vehicle shall also be liable for a civil penalty of five  hundred  fifty
   52  dollars  except  that  if  such person has previously been found to have
   53  refused a chemical test pursuant  to  this  section  while  operating  a
   54  commercial motor vehicle or has a prior conviction of any of the follow-
   55  ing  offenses  while operating a commercial motor vehicle: any violation
   56  of section eleven hundred ninety-two of this article; any  violation  of
       S. 6355--A                          5                         A. 8555--A
    1  subdivision  two  of section six hundred of this chapter; or has a prior
    2  conviction of any felony involving the use of a commercial motor vehicle
    3  pursuant to paragraph (a) of subdivision one  of  section  five  hundred
    4  ten-a  of  this  chapter, then the civil penalty shall be [seven hundred
    5  fifty] ONE THOUSAND dollars. No new driver's license or permit shall  be
    6  issued,  or  non-resident  operating  privilege  restored to such person
    7  unless such penalty has  been  paid.  All  penalties  collected  by  the
    8  department pursuant to the provisions of this section shall be the prop-
    9  erty  of  the state and shall be paid into the general fund of the state
   10  treasury.
   11    S 5. Paragraph (b) of subdivision 3 of section 511 of the vehicle  and
   12  traffic  law,  as separately amended by chapters 786 and 892 of the laws
   13  of 1990, is amended to read as follows:
   14    (b) Aggravated unlicensed operation of a motor vehicle  in  the  first
   15  degree  is  a  class E felony. When a person is convicted of this crime,
   16  the sentence of the court must be: (i) a fine in an amount not less than
   17  [five hundred] ONE THOUSAND dollars nor more than five thousand dollars;
   18  and (ii) a term of imprisonment as provided in the penal law,  or  (iii)
   19  where  appropriate  and  a  term  of imprisonment is not required by the
   20  penal law, a sentence of probation as provided  in  subdivision  six  of
   21  this  section,  or  (iv)  a  term  of  imprisonment  as a condition of a
   22  sentence of probation as provided in the penal law.
   23    S 6. Clauses (b), (c), (d) and (e) of subparagraph 12 of paragraph (b)
   24  of subdivision 2 of section 1193 of the  vehicle  and  traffic  law  are
   25  REPEALED and clause (f) is relettered clause (b).
   26    S 7. This act shall take effect on the first of November next succeed-
   27  ing the date on which it shall have become a law.
   28                                   PART B
   29    Section  1. Subparagraphs (x) and (xi) of paragraph a of subdivision 2
   30  of section 510 of the vehicle and traffic law, as added by  chapter  571
   31  of  the  laws of 2006, are amended and a new subparagraph (xii) is added
   32  to read as follows:
   33    (x) of a traffic infraction for  a  subsequent  violation  of  article
   34  twenty-six  of  this chapter and the commission of such violation caused
   35  serious physical injury to another person and such subsequent  violation
   36  occurred within eighteen months of a prior violation of any provision of
   37  article  twenty-six  of  this chapter where the commission of such prior
   38  violation caused the serious physical injury or death of another person;
   39  [or]
   40    (xi) of a traffic infraction for a  subsequent  violation  of  article
   41  twenty-six  of  this chapter and the commission of such violation caused
   42  the death of another person and such subsequent violation occurred with-
   43  in eighteen months of a prior violation  of  any  provision  of  article
   44  twenty-six  of this chapter where the commission of such prior violation
   45  caused the serious physical injury or death of another person[.]; OR
   46    (XII) OF A SECOND OR SUBSEQUENT VIOLATION OF  SECTION  TWELVE  HUNDRED
   47  TWENTY-FIVE-C  OR  SECTION TWELVE HUNDRED TWENTY-FIVE-D OF THIS CHAPTER,
   48  WHERE SUCH PERSON WAS UNDER THE AGE OF TWENTY-ONE AT  THE  TIME  OF  THE
   49  COMMISSION OF SUCH VIOLATIONS.
   50    S  2.  Paragraph  b of subdivision 2 of section 510 of the vehicle and
   51  traffic law, is amended by adding a new subparagraph (xvi)  to  read  as
   52  follows:
   53    (XVI)  FOR  A  PERIOD  OF  ONE YEAR WHERE THE HOLDER IS CONVICTED OF A
   54  VIOLATION OF SECTION TWELVE  HUNDRED  TWENTY-FIVE-C  OR  SECTION  TWELVE
       S. 6355--A                          6                         A. 8555--A
    1  HUNDRED  TWENTY-FIVE-D  OF THIS CHAPTER, WHERE SUCH PERSON WAS UNDER THE
    2  AGE OF TWENTY-ONE AT THE TIME OF THE COMMISSION OF SUCH VIOLATION.
    3    S  3.  Subdivision  6 of section 510 of the vehicle and traffic law is
    4  amended by adding a new paragraph n to read as follows:
    5    N. WHERE REVOCATION IS MANDATORY PURSUANT  TO  SUBPARAGRAPH  (XII)  OF
    6  PARAGRAPH  A OF SUBDIVISION TWO OF THIS SECTION, NO NEW LICENSE SHALL BE
    7  ISSUED FOR AT LEAST ONE YEAR, NOR THEREAFTER EXCEPT IN THE DISCRETION OF
    8  THE COMMISSIONER.
    9    S 4. Section 510-c of the vehicle and traffic law is amended by adding
   10  a new subdivision 3 to read as follows:
   11    3. ANY SUSPENSION OR REVOCATION REQUIRED  UNDER  THIS  SECTION  FOR  A
   12  VIOLATION  OF  SECTION  TWELVE  HUNDRED  TWENTY-FIVE-C OR SECTION TWELVE
   13  HUNDRED TWENTY-FIVE-D OF THIS CHAPTER SHALL BE SUBJECT TO THE PROVISIONS
   14  OF SUBDIVISION TWO OF SECTION FIVE HUNDRED TEN OF THIS ARTICLE.
   15    S 5. Subdivision 4 of section 1225-c of the vehicle and  traffic  law,
   16  as  amended by section 1 of part C of chapter 55 of the laws of 2013, is
   17  amended to read as follows:
   18    4. A violation of subdivision two of this section shall be  a  traffic
   19  infraction  and  shall  be  punishable  by a fine of not less than fifty
   20  dollars nor more than [one  hundred  fifty]  TWO  HUNDRED  dollars  upon
   21  conviction  of a first violation; upon conviction of a second violation,
   22  both of which were committed within a period of  eighteen  months,  such
   23  violation shall be punished by a fine of not less than fifty dollars nor
   24  more  than  [two]  THREE  hundred dollars; upon conviction of a third or
   25  subsequent violation, all of which were committed  within  a  period  of
   26  eighteen  months, such violation shall be punished by a fine of not less
   27  than fifty dollars nor more than [four] FIVE hundred dollars.
   28    S 6. Subdivision 6 of section 1225-d of the vehicle and  traffic  law,
   29  as  amended by section 2 of part C of chapter 55 of the laws of 2013, is
   30  amended to read as follows:
   31    6. A violation of this section shall be a traffic infraction and shall
   32  be punishable by a fine of not less than fifty  dollars  nor  more  than
   33  [one  hundred  fifty]  TWO  HUNDRED  dollars  upon conviction of a first
   34  violation; upon conviction of a second violation,  both  of  which  were
   35  committed  within  a  period of eighteen months, such violation shall be
   36  punished by a fine of not less than fifty dollars nor  more  than  [two]
   37  THREE  hundred  dollars;  upon  conviction  of  a  third  or  subsequent
   38  violation, all of which were  committed  within  a  period  of  eighteen
   39  months,  such  violation  shall  be  punished by a fine of not less than
   40  fifty dollars nor more than [four] FIVE hundred dollars.
   41    S 7. This act shall take effect on the first of November next succeed-
   42  ing the date on which it shall have become a law.
   43                                   PART C
   44    Section 1. Section 2 of part H of chapter 503  of  the  laws  of  2009
   45  relating  to  the  disposition  of  monies  recovered by county district
   46  attorneys before the filing of an accusatory instrument, as  amended  by
   47  section  1  of  part  F of chapter 55 of the laws of 2013, is amended to
   48  read as follows:
   49    S 2. This act shall take effect immediately and shall remain  in  full
   50  force  and  effect until March 31, [2014] 2015, when it shall expire and
   51  be deemed repealed.
   52    S 2. This act shall take effect immediately and  shall  be  deemed  to
   53  have been in full force and effect on and after March 31, 2014.
       S. 6355--A                          7                         A. 8555--A
    1                                   PART D
    2    Section  1. Paragraph (b) of subdivision 6 of section 186-f of the tax
    3  law, as amended by section 1 of part D of chapter  57  of  the  laws  of
    4  2011, is amended to read as follows:
    5    (b)  The  sum  of  one  million  five hundred thousand dollars must be
    6  deposited into the New York state emergency services revolving loan fund
    7  annually; provided, however, that such sums shall not be  deposited  for
    8  state  fiscal  years two thousand eleven--two thousand twelve [and], two
    9  thousand twelve--two thousand thirteen, TWO THOUSAND FOURTEEN--TWO THOU-
   10  SAND FIFTEEN, TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN,  TWO  THOUSAND
   11  SIXTEEN--TWO THOUSAND SEVENTEEN AND TWO THOUSAND SEVENTEEN--TWO THOUSAND
   12  EIGHTEEN;
   13    S 2. This act shall take effect immediately.
   14                                   PART E
   15    Section  1.  Section  167-a  of  the  civil service law, as amended by
   16  section 1 of part I of chapter 55 of the laws of  2012,  is  amended  to
   17  read as follows:
   18    S 167-a. Reimbursement  for  medicare  premium charges. Upon exclusion
   19  from the coverage of the health benefit plan  of  supplementary  medical
   20  insurance  benefits for which an active or retired employee or a depend-
   21  ent covered by the health benefit plan is or would be eligible under the
   22  federal old-age, survivors and disability insurance program,  an  amount
   23  equal to the STANDARD MEDICARE premium charge WITHOUT ANY INCOME-RELATED
   24  ADJUSTMENT  for  such  supplementary medical insurance benefits for such
   25  active or retired employee and his or her dependents, if any,  shall  be
   26  paid  monthly  or  at other intervals to such active or retired employee
   27  from the health insurance fund. Where appropriate, such  amount  may  be
   28  deducted from contributions payable by the employee or retired employee;
   29  or  where  appropriate  in  the  case  of a retired employee receiving a
   30  retirement allowance, such amount may be included with payments  of  his
   31  or  her  retirement  allowance.  All  state  employer, employee, retired
   32  employee and dependent  contributions  to  the  health  insurance  fund,
   33  including  contributions  from public authorities, public benefit corpo-
   34  rations or other quasi-public organizations of the  state  eligible  for
   35  participation  in  the  health benefit plan as authorized by subdivision
   36  two of section  one  hundred  sixty-three  of  this  article,  shall  be
   37  adjusted  as necessary to cover the cost of reimbursing federal old-age,
   38  survivors and disability insurance program premium  charges  under  this
   39  section.  This  cost  shall be included in the calculation of premium or
   40  subscription charges for  health  coverage  provided  to  employees  and
   41  retired  employees  of  the  state,  public  authorities, public benefit
   42  corporations or other quasi-public organizations of the state; provided,
   43  however, the state, public authorities, public benefit  corporations  or
   44  other  quasi-public organizations of the state shall remain obligated to
   45  pay no less than its share of such increased cost  consistent  with  its
   46  share  of  premium or subscription charges provided for by this article.
   47  All other employer contributions to the health insurance fund  shall  be
   48  adjusted as necessary to provide for such payments.
   49    S  2.  This  act  shall take effect immediately and shall be deemed to
   50  have been in full force and effect on and after January 1, 2014.
   51                                   PART F
       S. 6355--A                          8                         A. 8555--A
    1    Section 1. The civil service law is amended by adding  a  new  section
    2  66-a to read as follows:
    3    S  66-A.  TERM  APPOINTMENTS  IN  INFORMATION TECHNOLOGY POSITIONS. 1.
    4  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE DEPARTMENT MAY AUTHORIZE
    5  TERM APPOINTMENTS WITHOUT EXAMINATION TO TEMPORARY  POSITIONS  REQUIRING
    6  SPECIAL  EXPERTISE  OR  QUALIFICATIONS  IN  INFORMATION TECHNOLOGY. SUCH
    7  APPOINTMENTS MAY BE AUTHORIZED ONLY IN SUCH CASES WHERE  THE  OFFICE  OF
    8  INFORMATION TECHNOLOGY SERVICES CERTIFIES TO THE DEPARTMENT THAT BECAUSE
    9  OF  THE  TYPE  OF SERVICES TO BE RENDERED OR THE TEMPORARY OR OCCASIONAL
   10  CHARACTER OF SUCH SERVICES, IT WOULD NOT BE PRACTICABLE TO HOLD AN EXAM-
   11  INATION OF ANY KIND. SUCH  CERTIFICATION  SHALL  BE  A  PUBLIC  DOCUMENT
   12  PURSUANT  TO  THE  PUBLIC  OFFICERS  LAW  AND SHALL IDENTIFY THE SPECIAL
   13  EXPERTISE OR QUALIFICATIONS THAT ARE REQUIRED AND  WHY  THEY  CANNOT  BE
   14  OBTAINED THROUGH AN APPOINTMENT FROM AN ELIGIBLE LIST. THE MAXIMUM PERI-
   15  OD FOR A TERM APPOINTMENT ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL
   16  NOT  EXCEED  SIXTY  MONTHS  AND  SHALL  NOT BE EXTENDED, AND THE MAXIMUM
   17  NUMBER OF SUCH APPOINTMENTS SHALL NOT EXCEED  THREE  HUNDRED.  AT  LEAST
   18  FIFTEEN DAYS PRIOR TO MAKING A TERM APPOINTMENT PURSUANT TO THIS SECTION
   19  THE  APPOINTING  AUTHORITY  SHALL PUBLICLY AND CONSPICUOUSLY POST IN ITS
   20  OFFICES INFORMATION ABOUT THE TEMPORARY POSITION AND THE REQUIRED QUALI-
   21  FICATIONS AND SHALL ALLOW ANY QUALIFIED EMPLOYEE TO APPLY FOR SAID POSI-
   22  TION. AN EMPLOYEE APPOINTED PURSUANT TO THIS PROVISION WHO HAS COMPLETED
   23  TWO YEARS OF CONTINUOUS SERVICE UNDER THIS PROVISION SHALL  BE  ABLE  TO
   24  COMPETE  IN  ONE  PROMOTIONAL EXAMINATION THAT IS ALSO OPEN TO EMPLOYEES
   25  WHO HAVE PERMANENT CIVIL SERVICE APPOINTMENTS AND APPROPRIATE QUALIFICA-
   26  TIONS.
   27    2. A TEMPORARY POSITION ESTABLISHED PURSUANT  TO  SUBDIVISION  ONE  OF
   28  THIS  SECTION  MAY BE ABOLISHED FOR REASONS OF ECONOMY, CONSOLIDATION OR
   29  ABOLITION OF FUNCTIONS, CURTAILMENT OF  ACTIVITIES  OR  OTHERWISE.  UPON
   30  SUCH  ABOLITION  OR  AT  THE  END  OF  THE  TERM OF THE APPOINTMENT, THE
   31  PROVISIONS  OF  SECTIONS   SEVENTY-EIGHT,   SEVENTY-NINE,   EIGHTY   AND
   32  EIGHTY-ONE  OF THIS CHAPTER SHALL NOT APPLY. IN THE EVENT OF A REDUCTION
   33  OF WORKFORCE PURSUANT TO SECTION EIGHTY OF THIS CHAPTER AFFECTING INFOR-
   34  MATION TECHNOLOGY POSITIONS, THE  TERM  APPOINTMENTS  PURSUANT  TO  THIS
   35  SECTION  AT THE OFFICE OF INFORMATION TECHNOLOGY SERVICES SHALL BE ABOL-
   36  ISHED PRIOR TO THE ABOLITION OF PERMANENT COMPETITIVE CLASS  INFORMATION
   37  TECHNOLOGY  POSITIONS  AT  THE OFFICE OF INFORMATION TECHNOLOGY SERVICES
   38  INVOLVING COMPARABLE SKILLS AND RESPONSIBILITIES.
   39    3. (A) NOTWITHSTANDING ANY PROVISION  OF  LAW  TO  THE  CONTRARY,  THE
   40  DEPARTMENT  MAY LIMIT CERTIFICATION FROM THE FOLLOWING ELIGIBLE LISTS TO
   41  THOSE ELIGIBLES  IDENTIFIED  AS  HAVING  KNOWLEDGE,  SKILLS  OR  CERTIF-
   42  ICATIONS,  OR  ANY  COMBINATION  THEREOF,  IDENTIFIED  BY THE APPOINTING
   43  AUTHORITY AS NECESSARY TO PERFORM THE DUTIES OF CERTAIN POSITIONS:
   44    35-382 INFORMATION TECHNOLOGY SPECIALIST 4 G-25
   45    35-383 INFORMATION TECHNOLOGY SPECIALIST 4 (DATA COMMUNICATIONS) G-25
   46    35-384 INFORMATION TECHNOLOGY SPECIALIST 4 (DATABASE) G-25
   47    35-386 INFORMATION TECHNOLOGY SPECIALIST 4 (SYSTEMS PROGRAMMING) G-25
   48    35-387 MANAGER INFORMATION TECHNOLOGY SERVICES 1 G-27
   49    35-388 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATA COMMUNICATIONS)
   50  G-27
   51    35-389 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATABASE) G-27
   52    35-391 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (SYSTEMS PROGRAMMING)
   53  G-27
   54    35-392 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (TECHNICAL) G-27.
   55    (B) NO SUCH LIMITATION ON CERTIFICATION SHALL OCCUR UNTIL A  SKILL-SET
   56  INVENTORY IS CONDUCTED FOR ALL PERSONS ON ANY LIST SO LIMITED.
       S. 6355--A                          9                         A. 8555--A
    1    S  2.  Subdivision  21  of section 103 of the state technology law, as
    2  added by section 4 of part N of chapter 55  of  the  laws  of  2013,  is
    3  amended and a new subdivision 7-a is added to read as follows:
    4    7-A. TO PROVIDE TECHNOLOGY SERVICES VIA AGREEMENTS WITH:
    5    (A)  MUNICIPAL  CORPORATIONS, PUBLIC BENEFIT CORPORATIONS AND DISTRICT
    6  CORPORATIONS AS DEFINED IN SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION
    7  LAW;
    8    (B) POLITICAL SUBDIVISIONS AS DEFINED IN SECTION ONE  HUNDRED  OF  THE
    9  GENERAL MUNICIPAL LAW;
   10    (C) PUBLIC AUTHORITIES;
   11    (D) SOIL AND WATER CONSERVATION DISTRICTS;
   12    (E)  ANY  UNIT OF THE STATE UNIVERSITY AND CITY UNIVERSITY OF NEW YORK
   13  PURSUANT TO AND CONSISTENT WITH SECTIONS THREE  HUNDRED  FIFTY-FIVE  AND
   14  SIXTY-TWO HUNDRED EIGHTEEN OF THE EDUCATION LAW;
   15    21.  Notwithstanding the provisions of section one hundred sixty-three
   16  of the state finance law, section  one  hundred  three  of  the  general
   17  municipal  law,  article  four-C of the economic development law, or any
   18  other provision of law relating to the award of  public  contracts,  any
   19  officer, body, or agency of New York state, public corporation, or other
   20  public  entity  subject to such provisions of law shall be authorized to
   21  enter individually or collectively into contracts with the  not-for-pro-
   22  fit  corporation  that  operates the multi-state information sharing and
   23  analysis center for the provision of services through September  thirti-
   24  eth,  two  thousand [fourteen] FIFTEEN related to cyber security includ-
   25  ing, but not limited to, monitoring, detecting, and responding to  cyber
   26  incidents, and such contracts may be awarded without compliance with the
   27  procedures  relating  to  the  procurement of services set forth in such
   28  provisions of law. Such contracts shall,  however,  be  subject  to  the
   29  comptroller's   existing  authority  to  approve  contracts  where  such
   30  approval is required by section one hundred twelve of the state  finance
   31  law or otherwise. Such officers, bodies, or agencies may pay the fees or
   32  other  amounts specified in such contracts in consideration of the cyber
   33  security services to be rendered pursuant to such contracts.
   34    S 3. Section 99-r of the general municipal law, as amended by  section
   35  1  of  subpart B of part C of chapter 97 of the laws of 2011, is amended
   36  to read as follows:
   37    S 99-r. Contracts for services. Notwithstanding any  other  provisions
   38  of law to the contrary, the governing board of any municipal corporation
   39  may enter into agreements and/or contracts with any state agency includ-
   40  ing  any  department, board, bureau, commission, division, office, coun-
   41  cil, committee, or officer of the state, whether permanent or temporary,
   42  or a public benefit corporation or public authority, or a soil and water
   43  conservation district, and any unit of the state university of New York,
   44  pursuant to and consistent with sections three  hundred  fifty-five  and
   45  sixty-three  hundred  one  of  the  education law within or without such
   46  municipal corporation to provide or receive fuel, equipment, maintenance
   47  and repair, supplies, water  supply,  street  sweeping  or  maintenance,
   48  sidewalk  maintenance,  right-of-way  maintenance, storm water and other
   49  drainage, sewage disposal, landscaping, mowing, TECHNOLOGY SERVICES,  or
   50  any  other  services  of  government.  Such state agency, soil and water
   51  conservation district, or unit of the  state  university  of  New  York,
   52  within the limits of any specific statutory appropriation authorized and
   53  made  available  therefor  by  the  legislature or by the governing body
   54  responsible for the operation of  such  state  agency,  soil  and  water
   55  conservation  district,  or unit of the state university of New York may
   56  contract with any municipal corporation  for  such  services  as  herein
       S. 6355--A                         10                         A. 8555--A
    1  provided  and  may  provide, in agreements and/or contracts entered into
    2  pursuant to this section, for the reciprocal provision  of  services  or
    3  other  consideration  of  approximately equivalent value, including, but
    4  not  limited  to,  routine and/or emergency services, monies, equipment,
    5  buildings and facilities, materials or a commitment  to  provide  future
    6  routine  and/or  emergency  services,  monies,  equipment, buildings and
    7  facilities or materials. Any such contract may be entered into by direct
    8  negotiations and shall not be subject to the provisions of  section  one
    9  hundred three of this chapter.
   10    S  4.  (a)  Notwithstanding  any provision of law to the contrary, any
   11  person employed in the exempt class positions of employee program  asso-
   12  ciate,  employee program assistant, confidential stenographer, or confi-
   13  dential assistant by the governor's office of  employee  relations,  and
   14  any  person  employed  in the exempt class positions of employee program
   15  associate or employee program assistant by the labor management  commit-
   16  tee, and any person employed in the exempt class positions of manager of
   17  information  services  or information technology specialist by the joint
   18  commission on public ethics immediately prior to  being  transferred  to
   19  the  office of information technology services pursuant to subdivision 2
   20  of section 70 of the civil service law, and who, immediately prior ther-
   21  eto was performing information technology functions, shall  be  entitled
   22  to  permanent  appointment  in  similar  or  corresponding titles in the
   23  competitive class as determined by the department of civil  service  and
   24  shall  continue to hold such position in the office of information tech-
   25  nology services without further examination.  No  such  employee  trans-
   26  ferred to the office of information technology services shall be subject
   27  to  a  new  probationary  term,  provided, however, that any employee in
   28  probationary status at the time of the transfer  shall  be  required  to
   29  complete  that probationary term at the office of information technology
   30  services under the same terms and conditions as were applicable  to  him
   31  or  her  while  employed at the governor's office of employee relations,
   32  the labor management committee or the joint commission on public ethics.
   33    (b) No employee whose  position  is  re-classified  pursuant  to  this
   34  section  or  section five or six of this act shall suffer a reduction in
   35  basic salary as a result of such re-classification and shall continue to
   36  receive, at a minimum, the salary  that  such  employee  received  while
   37  employed  by  the  governor's  office  of  employee relations, the labor
   38  management committee or the joint commission on public ethics.
   39    S 5. Notwithstanding any provision of law to the contrary,  the  civil
   40  service  department  may re-classify any person employed in a permanent,
   41  classified, competitive position immediately prior to being  transferred
   42  to the office of information technology services pursuant to subdivision
   43  2  of  section  70 of the civil service law to align with the duties and
   44  responsibilities of their positions upon transfer.  Permanent  employees
   45  whose  positions  are subsequently reclassified to align with the duties
   46  and responsibilities of their positions upon being  transferred  to  the
   47  office  of  information technology services pursuant to subdivision 2 of
   48  section 70 of the civil service law shall hold  such  positions  without
   49  further   examination   or   qualification.  Notwithstanding  any  other
   50  provision of this act, the names of those competitive permanent  employ-
   51  ees  on  promotion  eligible  lists in their former agency or department
   52  shall be added and interfiled on a promotion eligible list  in  the  new
   53  department, as the state civil service department deems appropriate.
   54    S  6.  Notwithstanding any provision of law to the contrary, the civil
   55  service department may re-classify any person  employed  in  the  exempt
   56  class  positions of employee program associate, employee program assist-
       S. 6355--A                         11                         A. 8555--A
    1  ant, confidential stenographer, or confidential assistant by the  gover-
    2  nor's  office  of  employee  relations,  and  any person employed in the
    3  exempt class positions of employee program associate or employee program
    4  assistant  by the labor management committee, and any person employed in
    5  the exempt class positions of manager of information services or  infor-
    6  mation  technology  specialist by the joint commission on public ethics,
    7  immediately prior to being transferred  to  the  office  of  information
    8  technology services pursuant to subdivision 2 of section 70 of the civil
    9  service law to align with the duties and responsibilities of their posi-
   10  tions  upon  transfer.    Permanent employees whose positions are subse-
   11  quently re-classified to align with the duties and  responsibilities  of
   12  their  positions  upon  being  transferred  to the office of information
   13  technology services pursuant to subdivision 2 of section 70 of the civil
   14  service law shall hold such positions  without  further  examination  or
   15  qualification.
   16    S 7. Subdivision 8 of section 73 of the public officers law is amended
   17  by adding a new paragraph (j) to read as follows:
   18    (J) THE PROVISIONS OF SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDI-
   19  VISION SHALL NOT APPLY TO ANY FORMER TEMPORARY STATE OFFICER OR EMPLOYEE
   20  WHO  WAS  HIRED SUBJECT TO CHAPTER FIVE HUNDRED OF THE LAWS OF TWO THOU-
   21  SAND NINE AND WHO EITHER DID NOT RECEIVE A HIGH ENOUGH SCORE ON A  CIVIL
   22  SERVICE  EXAMINATION OR DID NOT TAKE A CIVIL SERVICE EXAMINATION BECAUSE
   23  NO PROMOTIONAL EXAMINATION WAS OFFERED PRIOR TO HIS OR HER  TERMINATION.
   24  ON OR BEFORE THE DATE OF SUCH TERMINATION OF EMPLOYMENT, THE STATE AGEN-
   25  CY SHALL PROVIDE TO THE TERMINATED EMPLOYEE A WRITTEN CERTIFICATION THAT
   26  THE  EMPLOYEE  HAS  BEEN  TERMINATED BECAUSE THE EMPLOYEE EITHER DID NOT
   27  RECEIVE A HIGH ENOUGH SCORE ON A CIVIL SERVICE EXAMINATION  OR  DID  NOT
   28  TAKE  A CIVIL SERVICE EXAMINATION BECAUSE NO PROMOTIONAL EXAMINATION WAS
   29  OFFERED PRIOR TO HIS OR HER  TERMINATION.    THE  WRITTEN  CERTIFICATION
   30  SHALL  ALSO  CONTAIN A NOTICE DESCRIBING THE RIGHTS AND RESPONSIBILITIES
   31  OF THE EMPLOYEE PURSUANT TO THE PROVISIONS OF THIS SECTION. THE  CERTIF-
   32  ICATION  AND  NOTICE  SHALL  CONTAIN THE INFORMATION AND SHALL BE IN THE
   33  FORM SET FORTH BELOW:
   34  CERTIFICATION AND NOTICE
   35  TO: EMPLOYEE'S NAME: ____________________________
   36      STATE AGENCY: ____________________________
   37      DATE OF TERMINATION: ____________________________
   38  I, (NAME AND TITLE) OF (STATE AGENCY), HEREBY CERTIFY THAT YOU HAVE BEEN
   39  TERMINATED FROM STATE SERVICE BECAUSE YOU EITHER DID NOT RECEIVE A  HIGH
   40  ENOUGH  SCORE  ON  A  CIVIL  SERVICE EXAMINATION OR DID NOT TAKE A CIVIL
   41  SERVICE EXAMINATION BECAUSE NO PROMOTIONAL EXAMINATION WAS OFFERED PRIOR
   42  TO YOUR TERMINATION. THEREFORE, YOU ARE COVERED  BY  THE  PROVISIONS  OF
   43  PARAGRAPH  (J)  OF  SUBDIVISION  EIGHT  OF  SECTION SEVENTY-THREE OF THE
   44  PUBLIC OFFICERS LAW.
   45  YOU   WERE   DESIGNATED   AS   A   POLICYMAKER:   YES   ____   NO   ____
   46  ____________________________________
   47  _________________(TITLE)
   48  TO THE EMPLOYEE:
   49  THIS  CERTIFICATION  AFFECTS  YOUR RIGHT TO ENGAGE IN CERTAIN ACTIVITIES
   50  AFTER YOU LEAVE STATE SERVICE.
   51  ORDINARILY, EMPLOYEES WHO LEAVE STATE SERVICE  MAY  NOT  FOR  TWO  YEARS
   52  APPEAR  OR  PRACTICE  BEFORE THEIR FORMER AGENCY OR RECEIVE COMPENSATION
   53  FOR RENDERING SERVICES ON A MATTER BEFORE THEIR FORMER AGENCY.  HOWEVER,
   54  BECAUSE  OF THIS CERTIFICATION, YOU MAY BE EXEMPT FROM THIS RESTRICTION.
   55  IF YOU WERE NOT DESIGNATED AS A POLICYMAKER  BY  YOUR  AGENCY,  YOU  ARE
   56  AUTOMATICALLY  EXEMPT.  YOU MAY, UPON LEAVING STATE SERVICE, IMMEDIATELY
       S. 6355--A                         12                         A. 8555--A
    1  APPEAR, PRACTICE OR RECEIVE COMPENSATION FOR  SERVICES  RENDERED  BEFORE
    2  YOUR FORMER AGENCY.
    3  IF YOU WERE DESIGNATED AS A POLICYMAKER BY YOUR AGENCY, YOU ARE ELIGIBLE
    4  TO  APPLY  FOR  AN EXEMPTION TO THE JOINT COMMISSION ON PUBLIC ETHICS AT
    5  540 BROADWAY, ALBANY, NEW YORK 12207. EVEN IF YOU ARE OR  BECOME  EXEMPT
    6  FROM  THE  TWO  YEAR BAR, THE LIFETIME BAR OF THE REVOLVING DOOR STATUTE
    7  WILL CONTINUE TO APPLY TO YOU. YOU MAY NOT APPEAR, PRACTICE, COMMUNICATE
    8  OR OTHERWISE RENDER SERVICES BEFORE ANY STATE AGENCY IN RELATION TO  ANY
    9  CASE,  PROCEEDING,  APPLICATION OR TRANSACTION WITH RESPECT TO WHICH YOU
   10  WERE DIRECTLY CONCERNED AND IN WHICH YOU PERSONALLY PARTICIPATED  DURING
   11  YOUR STATE SERVICE, OR WHICH WAS UNDER YOUR ACTIVE CONSIDERATION. IF YOU
   12  HAVE   ANY  QUESTIONS  ABOUT  THE  APPLICATION  OF  THE  POST-EMPLOYMENT
   13  RESTRICTIONS TO YOUR CIRCUMSTANCES, YOU MAY CONTACT THE JOINT COMMISSION
   14  ON PUBLIC ETHICS.
   15    S 8. This act shall take effect immediately.
   16                                   PART G
   17    Section 1. Section 3 of chapter 410 of the laws of 2009, amending  the
   18  state  finance  law  relating  to authorizing the aggregate purchases of
   19  energy for  state  agencies,  institutions,  local  governments,  public
   20  authorities and public benefit corporations, as amended by chapter 68 of
   21  the laws of 2011, is amended to read as follows:
   22    S  3.  This  act shall take effect immediately and shall expire and be
   23  deemed repealed July 31, [2015] 2020.
   24    S 2. Section 9 of subpart A of part C of chapter 97  of  the  laws  of
   25  2011,  amending the state finance law and other laws relating to provid-
   26  ing certain centralized service to political subdivisions and  extending
   27  the  authority  of  the  commissioner  of  general services to aggregate
   28  purchases of energy for state agencies and  political  subdivisions,  is
   29  amended to read as follows:
   30    S 9. This act shall take effect immediately, provided, however that:
   31    1.  sections  one,  four, five, six and seven of this act shall expire
   32  and be deemed repealed [3 years after they shall have become a law] JULY
   33  31, 2020;
   34    2. the amendments to subdivision  4  of  section  97-g  of  the  state
   35  finance  law  made by section two of this act shall [not affect] SURVIVE
   36  the expiration and reversion of such subdivision as provided in  section
   37  3  of  chapter  410 of the laws of 2009[, and shall expire and be deemed
   38  repealed therewith], AS AMENDED;
   39    3. sections four, five, six and seven of this act shall apply  to  any
   40  contract let or awarded on or after such effective date.
   41    S  3.  This  act  shall take effect immediately and shall be deemed to
   42  have been in full force and effect on and after April 1, 2014.
   43                                   PART H
   44    Section 1. This act enacts into law major  components  of  legislation
   45  which  are  necessary to implement the state fiscal plan for the 2014-15
   46  state fiscal year and to strengthen enforcement  of  the  election  law,
   47  reform  campaign  financing  and  enhance  the  public's  trust in state
   48  government.  Each component is wholly contained within a Subpart identi-
   49  fied as Subparts A through D. The effective  date  for  each  particular
   50  provision contained within such Subpart is set forth in the last section
   51  of  such  Subpart.  Any  provision  in  any  section  contained within a
   52  Subpart, including the effective date of  the  Subpart,  which  makes  a
       S. 6355--A                         13                         A. 8555--A
    1  reference  to a section "of this act", when used in connection with that
    2  particular component, shall be deemed to mean and refer  to  the  corre-
    3  sponding  section  of the Subpart in which it is found. Section three of
    4  this act sets forth the general effective date of this act.
    5                                  SUBPART A
    6    Section 1. This act shall be known as the "Public Trust Act".
    7    S  2.  Paragraph (b) of subdivision 3 of section 30.10 of the criminal
    8  procedure law is amended to read as follows:
    9    (b) A prosecution for  any  offense  involving  misconduct  in  public
   10  office  by  a  public  servant INCLUDING, WITHOUT LIMITATION, AN OFFENSE
   11  DEFINED IN ARTICLE FOUR HUNDRED NINETY-SIX OF  THE  PENAL  LAW,  may  be
   12  commenced  AGAINST  A  PUBLIC  SERVANT,  OR  ANY  OTHER PERSON ACTING IN
   13  CONCERT WITH SUCH PUBLIC SERVANT at any time  during  [the  defendant's]
   14  SUCH  PUBLIC SERVANT'S service in such office or within five years after
   15  the termination of such service; provided  however,  that  in  no  event
   16  shall  the  period  of  limitation  be  extended by more than five years
   17  beyond the period otherwise applicable under  subdivision  two  OF  THIS
   18  SECTION.
   19    S 3. Section 50.10 of the criminal procedure law is amended to read as
   20  follows:
   21  S  50.10  Compulsion  of  evidence  by offer of immunity; definitions of
   22              terms.
   23    The following definitions are applicable to this article:
   24    1.  "Immunity."  BASED UPON THE SUBJECT MATTER OF THE LEGAL PROCEEDING
   25  IN WHICH A PERSON GIVES EVIDENCE, SUCH PERSON MAY RECEIVE EITHER  "TRAN-
   26  SACTIONAL" OR "USE" IMMUNITY.
   27    (A)  "TRANSACTIONAL  IMMUNITY."  A  person who has been a witness in a
   28  legal proceeding, and who cannot, except as otherwise provided  in  this
   29  subdivision,  be convicted of any offense or subjected to any penalty or
   30  forfeiture for or  on  account  of  any  transaction,  matter  or  thing
   31  concerning which he gave evidence therein, possesses ["immunity"] "TRAN-
   32  SACTIONAL IMMUNITY" from any such conviction, penalty or forfeiture.
   33    (B)  "USE  IMMUNITY."    A  PERSON  WHO  HAS BEEN A WITNESS IN A LEGAL
   34  PROCEEDING, AND NEITHER THE EVIDENCE  GIVEN  BY  THAT  WITNESS  NOR  ANY
   35  EVIDENCE  DERIVED  DIRECTLY  OR INDIRECTLY THEREFROM MAY BE USED AGAINST
   36  THE WITNESS IN THE SAME OR ANY OTHER CRIMINAL PROCEEDING OR IN THE IMPO-
   37  SITION OF ANY PENALTY OR FORFEITURE POSSESSES "USE IMMUNITY".
   38    (C) A person who possesses [such] TRANSACTIONAL IMMUNITY OR USE  immu-
   39  nity  may  nevertheless  be  convicted  of perjury as a result of having
   40  given false testimony in such legal proceeding, and may be convicted  of
   41  or  adjudged in contempt as a result of having contumaciously refused to
   42  give evidence therein, AND THE EVIDENCE  GIVEN  BY  THE  PERSON  AT  THE
   43  PROCEEDING  AT  WHICH THE PERSON POSSESSED EITHER TRANSACTIONAL IMMUNITY
   44  OR USE IMMUNITY MAY BE USED AGAINST SUCH PERSON IN ANY SUCH  PROSECUTION
   45  FOR PERJURY OR PROSECUTION OR JUDGMENT FOR CONTEMPT.
   46    2.  "Legal  proceeding"  means  a proceeding in or before any court or
   47  grand jury, or before any body, agency or person authorized  by  law  to
   48  conduct  the same and to administer the oath or to cause it to be admin-
   49  istered.
   50    3. "Give evidence" means to testify or produce physical evidence.
   51    S 4. Subdivision 3 of section 50.20 of the criminal procedure  law  is
   52  amended to read as follows:
   53    3.   A witness who is ordered to give evidence pursuant to subdivision
   54  two OF THIS SECTION and who complies with  such  order  receives  EITHER
       S. 6355--A                         14                         A. 8555--A
    1  TRANSACTIONAL  IMMUNITY  OR  USE  immunity. [Such] IN A LEGAL PROCEEDING
    2  INVOLVING, IN WHOLE OR IN PART, ANY MISCONDUCT, NONFEASANCE  OR  NEGLECT
    3  IN  PUBLIC OFFICE BY A PUBLIC SERVANT, WHETHER CRIMINAL OR OTHERWISE, OR
    4  ANY  FRAUD  UPON  THE  STATE,  A POLITICAL SUBDIVISION OF THE STATE OR A
    5  GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE SUCH WITNESS RECEIVES  USE
    6  IMMUNITY.  A  WITNESS  IN A LEGAL PROCEEDING INVOLVING ANY OTHER SUBJECT
    7  MATTER RECEIVES TRANSACTIONAL IMMUNITY. IN EITHER CASE, SUCH witness  is
    8  not  deprived  of such immunity because such competent authority did not
    9  comply with statutory provisions requiring notice to a specified  public
   10  servant of intention to confer immunity.
   11    S  5. Paragraph (b) of subdivision 1 of section 170.30 of the criminal
   12  procedure law is amended, and a new subdivision 4 is added  to  read  as
   13  follows:
   14    (b)    The defendant has received immunity from prosecution AS DEFINED
   15  IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 50.10 OF THIS CHAPTER for
   16  the offense charged, pursuant to sections 50.20 or  190.40,  OR  ALLEGA-
   17  TIONS  IN THE INFORMATION, SIMPLIFIED INFORMATION, PROSECUTOR'S INFORMA-
   18  TION OR MISDEMEANOR COMPLAINT ARE BASED ON  EVIDENCE  PROTECTED  BY  USE
   19  IMMUNITY AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 50.10
   20  OF THIS CHAPTER; or
   21    4. WHERE THE DEFENDANT ESTABLISHES IN HIS OR HER MOTION THAT USE IMMU-
   22  NITY HAS BEEN CONFERRED UPON HIM OR HER, THE PEOPLE MUST THEN ESTABLISH,
   23  BY  A PREPONDERANCE OF THE EVIDENCE, THAT SUCH EVIDENCE WAS NOT DERIVED,
   24  DIRECTLY OR INDIRECTLY, FROM THE EVIDENCE AS TO WHICH SUCH IMMUNITY  WAS
   25  CONFERRED.
   26    S  6.  Subdivision  2 of section 190.40 of the criminal procedure law,
   27  paragraph (c) as added by chapter 454 of the laws of 1975, is amended to
   28  read as follows:
   29    2.  A witness who gives evidence in a grand jury proceeding INVOLVING,
   30  IN WHOLE OR IN PART, ANY MISCONDUCT, NONFEASANCE OR  NEGLECT  IN  PUBLIC
   31  OFFICE  BY A PUBLIC SERVANT, WHETHER CRIMINAL OR OTHERWISE, OR ANY FRAUD
   32  UPON THE STATE, A POLITICAL SUBDIVISION OF THE STATE OR  A  GOVERNMENTAL
   33  INSTRUMENTALITY  WITHIN THE STATE receives USE immunity.  A WITNESS IN A
   34  GRAND JURY PROCEEDING INVOLVING ANY OTHER SUBJECT MATTER RECEIVES  TRAN-
   35  SACTIONAL  IMMUNITY. IN EITHER CASE, SUCH WITNESS RECEIVES SUCH IMMUNITY
   36  unless:
   37    (a)   He OR SHE has  effectively  waived  such  immunity  pursuant  to
   38  section 190.45; or
   39    (b)  Such evidence is not responsive to any inquiry and is gratuitous-
   40  ly  given  or  volunteered  by the witness with knowledge that it is not
   41  responsive[.] ; OR
   42    (c)  The evidence given by the witness consists only of books, papers,
   43  records or other physical evidence  of  an  enterprise,  as  defined  in
   44  subdivision  one  of  section 175.00 of the penal law, the production of
   45  which is required by a subpoena duces tecum, and the  witness  does  not
   46  possess  a  privilege  against  self-incrimination  with  respect to the
   47  production of such evidence.  Any further evidence given by the  witness
   48  entitles  the  witness  to immunity except as provided in [subparagraph]
   49  PARAGRAPHS (a) and (b) of this subdivision.
   50    S 7. Paragraph (d) of subdivision 1 of section 210.20 of the  criminal
   51  procedure law is amended to read as follows:
   52    (d)  The defendant has TRANSACTIONAL immunity, AS DEFINED IN PARAGRAPH
   53  (A) OF SUBDIVISION ONE OF SECTION 50.10 OF THIS CHAPTER, with respect to
   54  the offense charged, pursuant to section 50.20 or 190.40; or
   55    S  7-a.  Section  210.35  of  the criminal procedure law is amended by
   56  adding a new subdivision 4-a to read as follows:
       S. 6355--A                         15                         A. 8555--A
    1    4-A. EVIDENCE PROTECTED BY USE IMMUNITY WAS USED TO OBTAIN THE INDICT-
    2  MENT; OR
    3    S  8. The opening paragraph and subdivisions 6 and 7 of section 710.20
    4  of the criminal procedure law, the opening paragraph and  subdivision  6
    5  as  amended  by chapter 8 of the laws of 1976, subdivision 7 as added by
    6  chapter 744 of the laws of 1988, and  subdivision  6  as  renumbered  by
    7  chapter  481 of the laws of 1983, are amended and a new subdivision 8 is
    8  added to read as follows:
    9    Upon motion of a defendant who (a) is aggrieved by unlawful or improp-
   10  er acquisition of evidence and has reasonable cause to believe that such
   11  may be offered against him in a criminal  action,  or  (b)  claims  that
   12  improper identification testimony may be offered against him in a crimi-
   13  nal action, OR (C) CLAIMS THAT EVIDENCE AS TO THE USE OF WHICH HE OR SHE
   14  POSSESSES  IMMUNITY,  AS  DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF
   15  SECTION 50.10 OF THIS CHAPTER, MAY BE OFFERED AGAINST HIM IN A  CRIMINAL
   16  ACTION,  a  court  may,  under circumstances prescribed in this article,
   17  order that such evidence be suppressed or excluded upon the ground  that
   18  it:
   19    6.    Consists  of potential testimony regarding an observation of the
   20  defendant either at the time or place of the commission of  the  offense
   21  or upon some other occasion relevant to the case, which potential testi-
   22  mony  would  not be admissible upon the prospective trial of such charge
   23  owing to an improperly made previous identification of the defendant  by
   24  the prospective witness[.]; OR
   25    7. Consists of information obtained by means of a pen register or trap
   26  and  trace  device  installed  or used in violation of the provisions of
   27  article seven hundred five of this chapter[.]; OR
   28    8. CONSISTS OF POTENTIAL EVIDENCE AS TO THE USE OF WHICH THE DEFENDANT
   29  POSSESSES IMMUNITY. WHERE THE DEFENDANT ESTABLISHES  THAT  USE  IMMUNITY
   30  HAS BEEN CONFERRED UPON HIM OR HER, THE PEOPLE MUST THEN ESTABLISH, BY A
   31  PREPONDERANCE  OF  THE  EVIDENCE,  THAT  SUCH  EVIDENCE WAS NOT DERIVED,
   32  DIRECTLY OR INDIRECTLY, FROM THE EVIDENCE AS TO WHICH SUCH IMMUNITY  WAS
   33  CONFERRED.
   34    S  9. Subdivision 8 of section 700.05 of the criminal procedure law is
   35  amended by adding a new paragraph (u) to read as follows:
   36    (U) ANY OFFENSE DEFINED IN ARTICLE  FOUR  HUNDRED  NINETY-SIX  OF  THE
   37  PENAL LAW, OFFICIAL MISCONDUCT IN THE THIRD DEGREE AS DEFINED IN SECTION
   38  195.00  OF  THE  PENAL  LAW, OFFICIAL MISCONDUCT IN THE SECOND DEGREE AS
   39  DEFINED IN SECTION 195.01 OF THE PENAL LAW, AND OFFICIAL  MISCONDUCT  IN
   40  THE FIRST DEGREE AS DEFINED IN SECTION 195.02 OF THE PENAL LAW.
   41    S 10. Paragraph (f) of subdivision 8 of section 700.05 of the criminal
   42  procedure law, as amended by chapter 154 of the laws of 1990, is amended
   43  to read as follows:
   44    (f) Bribery in the third degree, bribery in the second degree, bribery
   45  in  the first degree, bribe receiving in the third degree, bribe receiv-
   46  ing in the second degree, bribe receiving in  the  first  degree,  bribe
   47  giving for public office, FAILURE TO REPORT BRIBERY, and bribe receiving
   48  for public office, as defined in article two hundred of the penal law;
   49    S 10-a. Subdivision 4 of section 710.60 of the criminal procedure law,
   50  as  amended  by  chapter  39  of the laws of 1975, is amended to read as
   51  follows:
   52    4. If the court does not determine the motion  pursuant  to  [subdivi-
   53  sions]  SUBDIVISION  two  or  three,  it must conduct a hearing and make
   54  findings of fact essential to the  determination  thereof.  All  persons
   55  giving  factual  information  at  such  hearing must testify under oath,
   56  except that unsworn evidence pursuant  to  subdivision  two  of  section
       S. 6355--A                         16                         A. 8555--A
    1  60.20  of  this chapter may also be received. Upon such hearing, hearsay
    2  evidence is admissible to establish any material fact.  A HEARING GRANT-
    3  ED UNDER THIS SUBDIVISION PURSUANT TO  A  MOTION  TO  SUPPRESS  EVIDENCE
    4  DESCRIBED IN SUBDIVISION EIGHT OF SECTION 710.20 OF THIS ARTICLE MAY, IN
    5  THE DISCRETION OF THE COURT, BE CONDUCTED AFTER THE TRIAL OF THE MATTER.
    6    S 11. Section 195.20 of the penal law is REPEALED.
    7    S  12.  Section  195.00 of the penal law, as amended by chapter 906 of
    8  the laws of 1990, is amended to read as follows:
    9  S 195.00 Official misconduct IN THE THIRD DEGREE.
   10    A public servant is guilty of official misconduct IN THE THIRD  DEGREE
   11  when,  with  intent  to  obtain a benefit or deprive another person of a
   12  benefit:
   13    1. He OR SHE commits an act relating to his OR HER office but  consti-
   14  tuting  an unauthorized exercise of his OR HER official functions, know-
   15  ing that such act is unauthorized; or
   16    2. He OR SHE knowingly  refrains  from  performing  a  duty  which  is
   17  imposed  upon  him OR HER by law or is clearly inherent in the nature of
   18  his OR HER office.
   19    Official misconduct IN THE THIRD DEGREE is a class [A  misdemeanor]  E
   20  FELONY.
   21    S  13.  The penal law is amended by adding two new sections 195.01 and
   22  195.02 to read as follows:
   23  S 195.01 OFFICIAL MISCONDUCT IN THE SECOND DEGREE.
   24    A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE SECOND DEGREE
   25  WHEN HE OR SHE COMMITS THE CRIME OF OFFICIAL  MISCONDUCT  IN  THE  THIRD
   26  DEGREE AND HE OR SHE OBTAINS ANY BENEFIT OR DEPRIVES ANOTHER PERSON OF A
   27  BENEFIT VALUED IN EXCESS OF ONE THOUSAND DOLLARS.
   28    OFFICIAL MISCONDUCT IN THE SECOND DEGREE IS A CLASS D FELONY.
   29  S 195.02 OFFICIAL MISCONDUCT IN THE FIRST DEGREE.
   30    A  PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE FIRST DEGREE
   31  WHEN HE OR SHE COMMITS THE CRIME OF OFFICIAL  MISCONDUCT  IN  THE  THIRD
   32  DEGREE AND HE OR SHE OBTAINS ANY BENEFIT OR DEPRIVES ANOTHER PERSON OF A
   33  BENEFIT VALUED IN EXCESS OF THREE THOUSAND DOLLARS.
   34    OFFICIAL MISCONDUCT IN THE FIRST DEGREE IS A CLASS C FELONY.
   35    S  14. Part 4 of the penal law is amended by adding a new title Y-2 to
   36  read as follows:
   37                                  TITLE Y-2
   38                          CORRUPTING THE GOVERNMENT
   39                                 ARTICLE 496
   40                          CORRUPTING THE GOVERNMENT
   41  SECTION 496.01 DEFINITIONS.
   42          496.02 CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE.
   43          496.03 CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE.
   44          496.04 CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE.
   45          496.05 CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE.
   46          496.06 PUBLIC CORRUPTION.
   47          496.07 SENTENCING.
   48  S 496.01 DEFINITIONS.
   49    FOR THE PURPOSES OF THIS ARTICLE, "SCHEME" MEANS  ANY  PLAN,  PATTERN,
   50  DEVICE, CONTRIVANCE, OR COURSE OF ACTION.
   51  S 496.02 CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE.
   52    A  PERSON  IS GUILTY OF CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE
   53  WHEN HE OR SHE ENGAGES IN A SCHEME  CONSTITUTING  A  SYSTEMATIC  ONGOING
   54  COURSE  OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE POLI-
       S. 6355--A                         17                         A. 8555--A
    1  TICAL SUBDIVISIONS OF THE STATE OR ONE OR MORE  GOVERNMENTAL  INSTRUMEN-
    2  TALITIES  WITHIN  THE  STATE,  OR  TO OBTAIN PROPERTY, SERVICES OR OTHER
    3  RESOURCES FROM ANY SUCH STATE,  POLITICAL  SUBDIVISION  OR  GOVERNMENTAL
    4  INSTRUMENTALITY  BY  FALSE  OR  FRAUDULENT PRETENSES, REPRESENTATIONS OR
    5  PROMISES.
    6    CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE IS A CLASS E FELONY.
    7  S 496.03 CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE.
    8    A PERSON IS GUILTY OF CORRUPTING THE GOVERNMENT IN  THE  THIRD  DEGREE
    9  WHEN  HE  OR  SHE  ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
   10  COURSE OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE  POLI-
   11  TICAL  SUBDIVISIONS  OF THE STATE OR ONE OR MORE GOVERNMENTAL INSTRUMEN-
   12  TALITIES WITHIN THE STATE, OR TO  OBTAIN  PROPERTY,  SERVICES  OR  OTHER
   13  RESOURCES  FROM  ANY  SUCH  STATE, POLITICAL SUBDIVISION OR GOVERNMENTAL
   14  INSTRUMENTALITY BY FALSE OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR
   15  PROMISES,  AND  SO  OBTAINS PROPERTY, SERVICES OR OTHER RESOURCES WITH A
   16  VALUE IN EXCESS OF ONE THOUSAND DOLLARS.
   17    CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE IS A CLASS D FELONY.
   18  S 496.04 CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE.
   19    A PERSON IS GUILTY OF CORRUPTING THE GOVERNMENT IN THE  SECOND  DEGREE
   20  WHEN  HE  OR  SHE  ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
   21  COURSE OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE  POLI-
   22  TICAL  SUBDIVISIONS  OF THE STATE OR ONE OR MORE GOVERNMENTAL INSTRUMEN-
   23  TALITIES WITHIN THE STATE, OR TO  OBTAIN  PROPERTY,  SERVICES  OR  OTHER
   24  RESOURCES  FROM  ANY  SUCH  STATE, POLITICAL SUBDIVISION OR GOVERNMENTAL
   25  INSTRUMENTALITY BY FALSE OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR
   26  PROMISES,  AND  SO  OBTAINS PROPERTY, SERVICES OR OTHER RESOURCES WITH A
   27  VALUE IN EXCESS OF FIVE THOUSAND DOLLARS.
   28    CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE IS A CLASS C FELONY.
   29  S 496.05 CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE.
   30    A PERSON IS GUILTY OF CORRUPTING THE GOVERNMENT IN  THE  FIRST  DEGREE
   31  WHEN  HE  OR  SHE  ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
   32  COURSE OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE  POLI-
   33  TICAL  SUBDIVISIONS  OF THE STATE OR ONE OR MORE GOVERNMENTAL INSTRUMEN-
   34  TALITIES WITHIN THE STATE, OR TO  OBTAIN  PROPERTY,  SERVICES  OR  OTHER
   35  RESOURCES  FROM  ANY  SUCH  STATE, POLITICAL SUBDIVISION OR GOVERNMENTAL
   36  INSTRUMENTALITY BY FALSE OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR
   37  PROMISES,  AND  SO  OBTAINS PROPERTY, SERVICES OR OTHER RESOURCES WITH A
   38  VALUE IN EXCESS OF TEN THOUSAND DOLLARS.
   39    CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE IS A CLASS B FELONY.
   40  S 496.06 PUBLIC CORRUPTION.
   41    1. A PERSON COMMITS THE CRIME OF PUBLIC  CORRUPTION  WHEN  HE  OR  SHE
   42  COMMITS  A  SPECIFIED OFFENSE AND THE STATE OR ANY POLITICAL SUBDIVISION
   43  THEREOF OR ANY GOVERNMENTAL INSTRUMENTALITY  WITHIN  THE  STATE  IS  THE
   44  OWNER  OF  THE  PROPERTY  OR  HAS  CONTROL OVER THE SERVICES AT ISSUE OR
   45  OTHERWISE HAS THE RIGHT TO POSSESSION OF THE PROPERTY OR BENEFIT  TAKEN,
   46  OBTAINED  OR WITHHELD SUPERIOR TO THAT PERSON OR IS OTHERWISE THE VICTIM
   47  OF SUCH OFFENSE.
   48    2. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
   49  PROVISIONS OF THIS CHAPTER:   SECTION 155.25  (PETIT  LARCENY);  SECTION
   50  155.30  (GRAND  LARCENY  IN  THE  FOURTH  DEGREE); SECTION 155.35 (GRAND
   51  LARCENY IN THE THIRD DEGREE);  SECTION  155.40  (GRAND  LARCENY  IN  THE
   52  SECOND  DEGREE);  SECTION  155.42  (GRAND  LARCENY IN THE FIRST DEGREE);
   53  SECTION 156.05 (UNAUTHORIZED USE OF A COMPUTER); SECTION  165.05  (UNAU-
   54  THORIZED USE OF A VEHICLE IN THE THIRD DEGREE); 165.06 (UNAUTHORIZED USE
   55  OF  A VEHICLE IN THE SECOND DEGREE); 165.08 (UNAUTHORIZED USE OF A VEHI-
   56  CLE IN THE  FIRST  DEGREE);  470.05  (MONEY  LAUNDERING  IN  THE  FOURTH
       S. 6355--A                         18                         A. 8555--A
    1  DEGREE);  470.10  (MONEY  LAUNDERING IN THE THIRD DEGREE); 470.15 (MONEY
    2  LAUNDERING IN THE SECOND DEGREE); 470.20 (MONEY LAUNDERING IN THE  FIRST
    3  DEGREE).
    4  S 496.07 SENTENCING.
    5    1. WHEN A PERSON IS CONVICTED OF THE CRIME OF PUBLIC CORRUPTION PURSU-
    6  ANT  TO  SECTION  496.06  OF THIS ARTICLE AND THE SPECIFIED OFFENSE IS A
    7  MISDEMEANOR OR A CLASS C, D OR E FELONY, THE CRIME SHALL BE DEEMED TO BE
    8  ONE CATEGORY HIGHER THAN THE SPECIFIED OFFENSE THE DEFENDANT  COMMITTED,
    9  OR  ONE CATEGORY HIGHER THAN THE OFFENSE LEVEL APPLICABLE TO THE DEFEND-
   10  ANT'S CONVICTION FOR AN ATTEMPT OR  CONSPIRACY  TO  COMMIT  A  SPECIFIED
   11  OFFENSE, WHICHEVER IS APPLICABLE.
   12    2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  WHEN A PERSON IS
   13  CONVICTED OF THE CRIME OF PUBLIC CORRUPTION PURSUANT TO THIS ARTICLE AND
   14  THE SPECIFIED OFFENSE IS A CLASS B FELONY:
   15    (A) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST  BE  AT  LEAST
   16  SIX  YEARS  IF  THE  DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.00 OF
   17  THIS CHAPTER; AND
   18    (B) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST  BE  AT  LEAST
   19  TEN  YEARS  IF  THE  DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.06 OF
   20  THIS CHAPTER.
   21    S 15. Subdivision 4 of section 200.50 of the criminal  procedure  law,
   22  as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
   23  follows:
   24    4. A statement in each count that the grand jury, or, where the  accu-
   25  satory  instrument  is a superior court information, the district attor-
   26  ney, accuses the  defendant  or  defendants  of  a  designated  offense,
   27  provided  that in any prosecution under article four hundred eighty-five
   28  of the penal law, the designated offense shall be the specified offense,
   29  as defined in subdivision three of section  485.05  of  the  penal  law,
   30  followed  by  the phrase "as a hate crime", and provided further that in
   31  any prosecution under section 490.25 of the penal  law,  the  designated
   32  offense  shall be the specified offense, as defined in subdivision three
   33  of section 490.05 of the penal law, followed by the phrase "as  a  crime
   34  of  terrorism";  and  provided  further  that  in  any prosecution under
   35  section 130.91 of the penal law, the designated  offense  shall  be  the
   36  specified  offense,  as  defined in subdivision two of section 130.91 of
   37  the penal law, followed by the phrase "as a sexually motivated  felony";
   38  AND PROVIDED FURTHER THAT IN ANY PROSECUTION UNDER SECTION 496.06 OF THE
   39  PENAL  LAW,  THE  DESIGNATED  OFFENSE SHALL BE THE SPECIFIED OFFENSE, AS
   40  DEFINED IN SUBDIVISION TWO OF SUCH SECTION, FOLLOWED BY THE PHRASE "AS A
   41  PUBLIC CORRUPTION CRIME"; and
   42    S 16. Paragraph (a) of subdivision 1 of section 460.10  of  the  penal
   43  law,  as  amended by chapter 405 of the laws of 2010, is amended to read
   44  as follows:
   45    (a) Any of the felonies set forth in this  chapter:  sections  120.05,
   46  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
   47  ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
   48  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
   49  135.25 relating to kidnapping; section 135.35 relating  to  labor  traf-
   50  ficking;  section  135.65  relating to coercion; sections 140.20, 140.25
   51  and 140.30 relating to burglary;  sections  145.05,  145.10  and  145.12
   52  relating  to  criminal  mischief;  article one hundred fifty relating to
   53  arson; sections 155.30, 155.35, 155.40  and  155.42  relating  to  grand
   54  larceny;  sections  177.10, 177.15, 177.20 and 177.25 relating to health
   55  care fraud; article one hundred  sixty  relating  to  robbery;  sections
   56  165.45,  165.50,  165.52  and  165.54 relating to criminal possession of
       S. 6355--A                         19                         A. 8555--A
    1  stolen property; sections 165.72 and 165.73 relating to trademark  coun-
    2  terfeiting;  sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
    3  170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40  and
    4  210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
    5  176.30  relating to insurance fraud; sections 178.20 and 178.25 relating
    6  to criminal diversion of  prescription  medications  and  prescriptions;
    7  sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 195.00, 195.01,
    8  195.02,  200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
    9  200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery;  sections
   10  187.10,  187.15,  187.20  and  187.25  relating  to residential mortgage
   11  fraud, sections 190.40 and 190.42 relating to  criminal  usury;  section
   12  190.65  relating  to  schemes to defraud; ANY OFFENSE DEFINED IN ARTICLE
   13  FOUR HUNDRED NINETY-SIX; sections 205.60 and 205.65 relating to  hinder-
   14  ing prosecution; sections 210.10, 210.15, and 215.51 relating to perjury
   15  and  contempt;  section  215.40  relating  to  tampering  with  physical
   16  evidence; sections  220.06,  220.09,  220.16,  220.18,  220.21,  220.31,
   17  220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 220.60 and 220.77 relat-
   18  ing  to  controlled  substances;  sections 225.10 and 225.20 relating to
   19  gambling; sections 230.25, 230.30,  and  230.32  relating  to  promoting
   20  prostitution;  section  230.34  relating  to  sex  trafficking; sections
   21  235.06, 235.07, 235.21 and 235.22 relating to obscenity; sections 263.10
   22  and 263.15 relating to  promoting  a  sexual  performance  by  a  child;
   23  sections   265.02,  265.03,  265.04,  265.11,  265.12,  265.13  and  the
   24  provisions of section 265.10  which  constitute  a  felony  relating  to
   25  firearms  and  other dangerous weapons; [and] sections 265.14 and 265.16
   26  relating to criminal sale of a firearm; [and]  section  275.10,  275.20,
   27  275.30,  or  275.40  relating  to  unauthorized recordings; and sections
   28  470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
   29    S 17. Section 200.00 of the penal law, as amended by  chapter  833  of
   30  the laws of 1986, is amended to read as follows:
   31  S 200.00 Bribery in the third degree.
   32    A  person  is  guilty  of  bribery  in the third degree when he OR SHE
   33  confers, or offers or agrees to confer, any benefit upon a public  serv-
   34  ant  [upon an agreement or understanding that] WITH THE INTENT TO INFLU-
   35  ENCE, IN WHOLE OR IN PART, such public servant's  vote,  opinion,  judg-
   36  ment,  action,  decision  or  exercise of discretion as a public servant
   37  [will thereby be influenced].
   38    Bribery in the third degree is a class D felony.
   39    S 18. Section 200.03 of the penal law, as amended by  chapter  833  of
   40  the laws of 1986, is amended to read as follows:
   41  S 200.03 Bribery in the second degree.
   42    A  person  is  guilty  of  bribery in the second degree when he OR SHE
   43  confers, or offers or agrees to confer, any benefit valued in excess  of
   44  [ten]  FIVE thousand dollars upon a public servant [upon an agreement or
   45  understanding that] WITH THE INTENT TO INFLUENCE, IN WHOLE OR  IN  PART,
   46  such public servant's vote, opinion, judgment, action, decision or exer-
   47  cise of discretion as a public servant [will thereby be influenced].
   48    Bribery in the second degree is a class C felony.
   49    S  19. Section 200.04 of the penal law, as added by chapter 276 of the
   50  laws of 1973, is amended to read as follows:
   51  S 200.04 Bribery in the first degree.
   52    A person is guilty of bribery in the  first  degree  when  he  OR  SHE
   53  confers, or offers or agrees to confer[,]: (A) any benefit upon a public
   54  servant  [upon  an  agreement  or understanding that] WITH THE INTENT TO
   55  INFLUENCE such public servant's vote, opinion, judgment,  action,  deci-
   56  sion  or  exercise  of  discretion  as a public servant [will thereby be
       S. 6355--A                         20                         A. 8555--A
    1  influenced] in the  investigation,  arrest,  detention,  prosecution  or
    2  incarceration  of any person for the commission or alleged commission of
    3  a class A felony defined in article two hundred  twenty  of  [the  penal
    4  law]  THIS  PART or an attempt to commit any such class A felony; OR (B)
    5  ANY BENEFIT VALUED IN EXCESS OF TEN THOUSAND DOLLARS UPON A PUBLIC SERV-
    6  ANT WITH THE INTENT TO INFLUENCE, IN WHOLE OR IN PART, SUCH PUBLIC SERV-
    7  ANT'S  VOTE,  OPINION,  JUDGMENT,  ACTION,  DECISION  OR   EXERCISE   OF
    8  DISCRETION AS A PUBLIC SERVANT.
    9    Bribery in the first degree is a class B felony.
   10    S 20. Section 200.05 of the penal law is amended to read as follows:
   11  S 200.05 Bribery; defense; LIMITATIONS.
   12    1.  In any prosecution for bribery, it is a defense that the defendant
   13  conferred or agreed to confer the benefit involved upon the public serv-
   14  ant involved as a result of conduct of the latter  constituting  larceny
   15  committed  by  means  of extortion, or an attempt to commit the same, or
   16  coercion, or an attempt to commit coercion;
   17    2. IN ANY PROSECUTION PURSUANT  TO  SECTION  200.00,  200.03,  200.04,
   18  200.10,  200.11,  200.12,  200.45  OR  200.50 OF THIS ARTICLE, NO PERSON
   19  SHALL BE HELD TO HAVE VIOLATED SUCH SECTIONS  WHERE  THE  BENEFIT  IS  A
   20  CAMPAIGN  CONTRIBUTION THAT IS PERMISSIBLE UNDER ARTICLE FOURTEEN OF THE
   21  ELECTION LAW OR A COMPARABLE APPLICABLE PROVISION OF FEDERAL LAW,  IS  A
   22  LOBBYING  EXPENSE  THAT  IS LEGAL UNDER ARTICLE ONE-A OF THE LEGISLATIVE
   23  LAW OR, PURSUANT TO SUBDIVISION (J) OF SECTION ONE-C OF THE  LEGISLATIVE
   24  LAW  IS  EXCLUDABLE  FROM  THE  DEFINITION OF A GIFT, UNLESS SUCH PERSON
   25  CONFERS, OR OFFERS OR AGREES TO CONFER, SUCH BENEFIT UPON A PUBLIC SERV-
   26  ANT UPON AN AGREEMENT OR UNDERSTANDING THAT SUCH PUBLIC SERVANT'S  VOTE,
   27  OPINION,  JUDGMENT,  ACTION,  DECISION  OR  EXERCISE  OF DISCRETION AS A
   28  PUBLIC SERVANT WILL THEREBY BE INFLUENCED.
   29    S 21. Section 200.10 of the penal law, as amended by  chapter  833  of
   30  the laws of 1986, is amended to read as follows:
   31  S 200.10 Bribe receiving in the third degree.
   32    A public servant is guilty of bribe receiving in the third degree when
   33  he OR SHE:
   34    1.  solicits,  accepts  or  agrees  to accept any benefit from another
   35  person upon an agreement or understanding that his OR HER vote, opinion,
   36  judgment, action, decision or exercise of discretion as a public servant
   37  will thereby be influenced[.]; OR
   38    2. SOLICITS, ACCEPTS OR AGREES TO ACCEPT A GIFT OF MORE  THAN  NOMINAL
   39  VALUE  FROM  ANOTHER PERSON FOR, BECAUSE OF, OR AS CONSIDERATION FOR HIS
   40  OR  HER  VOTE,  OPINION,  JUDGMENT,  ACTION,  DECISION  OR  EXERCISE  OF
   41  DISCRETION AS A PUBLIC SERVANT.
   42    Bribe receiving in the third degree is a class D felony.
   43    S  22. Section 200.11 of the penal law, as added by chapter 833 of the
   44  laws of 1986, is amended to read as follows:
   45  S 200.11 Bribe receiving in the second degree.
   46    A public servant is guilty of bribe receiving  in  the  second  degree
   47  when  he OR SHE solicits, accepts or agrees to accept any benefit valued
   48  in excess of [ten] FIVE thousand dollars from another  person  [upon  an
   49  agreement  or  understanding that], FOR, BECAUSE OF, OR AS CONSIDERATION
   50  FOR his OR HER vote, opinion, judgment, action, decision or exercise  of
   51  discretion as a public servant [will thereby be influenced].
   52    Bribe receiving in the second degree is a class C felony.
   53    S  23. Section 200.12 of the penal law, as added by chapter 276 of the
   54  laws of 1973, is amended to read as follows:
   55  S 200.12 Bribe receiving in the first degree.
       S. 6355--A                         21                         A. 8555--A
    1    A public servant is guilty of bribe receiving in the first degree when
    2  he OR SHE solicits, accepts or agrees to accept: (A)  any  benefit  from
    3  another  person  [upon an agreement or understanding that], FOR, BECAUSE
    4  OF, OR AS CONSIDERATION FOR his OR HER vote, opinion, judgment,  action,
    5  decision  or exercise of discretion as a public servant [will thereby be
    6  influenced] in the  investigation,  arrest,  detention,  prosecution  or
    7  incarceration  of any person for the commission or alleged commission of
    8  a class A felony defined in article two hundred  twenty  of  [the  penal
    9  law]  THIS  PART or an attempt to commit any such class A felony; OR (B)
   10  ANY BENEFIT VALUED IN  EXCESS  OF  TEN  THOUSAND  DOLLARS  FROM  ANOTHER
   11  PERSON,  FOR, BECAUSE OF, OR AS CONSIDERATION FOR HIS OR HER VOTE, OPIN-
   12  ION, JUDGMENT, ACTION, DECISION OR EXERCISE OF DISCRETION  AS  A  PUBLIC
   13  SERVANT.
   14    Bribe receiving in the first degree is a class B felony.
   15    S 24. Section 200.45 of the penal law is amended to read as follows:
   16  S 200.45 Bribe giving for public office.
   17    A  person  is  guilty of bribe giving for public office when he OR SHE
   18  confers, or offers or agrees to confer, any money or other property upon
   19  a public servant or a party officer [upon an agreement or  understanding
   20  that]  ,  FOR,  BECAUSE OF, OR AS CONSIDERATION THAT some person will or
   21  may be appointed to a public office or  designated  or  nominated  as  a
   22  candidate for public office.
   23    Bribe giving for public office is a class D felony.
   24    S 25. Section 200.50 of the penal law is amended to read as follows:
   25  S 200.50 Bribe receiving for public office.
   26    A  public  servant or a party officer is guilty of bribe receiving for
   27  public office when he OR SHE solicits, accepts or agrees to  accept  any
   28  money or other property from another person [upon an agreement or under-
   29  standing  that],  FOR,  BECAUSE OF, OR AS CONSIDERATION THAT some person
   30  will or may be appointed to a public office or designated  or  nominated
   31  as a candidate for public office.
   32    Bribe receiving for public office is a class D felony.
   33    S  26. The penal law is amended by adding a new section 200.56 to read
   34  as follows:
   35  S 200.56 FAILURE TO REPORT BRIBERY.
   36    1. A PUBLIC SERVANT IS GUILTY OF FAILURE TO REPORT BRIBERY WHEN:
   37    (A) THE PUBLIC SERVANT KNOWS THAT  ANOTHER  PERSON  HAS  ATTEMPTED  TO
   38  BRIBE  SUCH  PUBLIC SERVANT, AS SUCH CONDUCT IS DEFINED IN THIS ARTICLE,
   39  OR SUCH PUBLIC SERVANT HAS WITNESSED OR HAS KNOWLEDGE OF  EITHER  (I)  A
   40  PERSON  COMMITTING  ANY  DEGREE OF THE CRIME OF BRIBERY OR ATTEMPTING TO
   41  COMMIT BRIBERY OF ANOTHER PUBLIC SERVANT, AS SUCH CONDUCT IS DEFINED  IN
   42  THIS ARTICLE OR (II) ANOTHER PUBLIC SERVANT COMMITTING ANY DEGREE OF THE
   43  CRIME OF BRIBE RECEIVING, AS DEFINED IN THIS ARTICLE; AND
   44    (B)  SUCH  PUBLIC SERVANT DOES NOT, AS SOON AS REASONABLY PRACTICABLE,
   45  REPORT SUCH CRIME TO A DISTRICT ATTORNEY.
   46    2. ANY PUBLIC SERVANT WHO MAKES A REPORT AS REQUIRED BY  THIS  SECTION
   47  SHALL NOT BE SUBJECT TO DISMISSAL, DISCIPLINE OR OTHER ADVERSE PERSONNEL
   48  ACTION AS A RESULT OF MAKING SUCH REPORT.
   49    FAILURE TO REPORT BRIBERY IS A CLASS A MISDEMEANOR.
   50    S  27.  Subdivision 1 of section 80.00 of the penal law, as amended by
   51  chapter 338 of the laws of 1989, is amended to read as follows:
   52    1. A sentence to pay a fine for a felony shall be a sentence to pay an
   53  amount, fixed by the court, not exceeding the higher of
   54    a. five thousand dollars; or
   55    b. double the amount of the defendant's gain from  the  commission  of
   56  the  crime OR, IF THE DEFENDANT IS CONVICTED OF A CRIME DEFINED IN ARTI-
       S. 6355--A                         22                         A. 8555--A
    1  CLE FOUR HUNDRED NINETY-SIX OF  THIS  CHAPTER,  ANY  HIGHER  AMOUNT  NOT
    2  EXCEEDING  THREE  TIMES  THE  AMOUNT  OF  THE  DEFENDANT'S GAIN FROM THE
    3  COMMISSION OF SUCH OFFENSE; or
    4    c.  if the conviction is for any felony defined in article two hundred
    5  twenty or two hundred twenty-one  of  this  chapter,  according  to  the
    6  following schedule:
    7    (i) for A-I felonies, one hundred thousand dollars;
    8    (ii) for A-II felonies, fifty thousand dollars;
    9    (iii) for B felonies, thirty thousand dollars;
   10    (iv) for C felonies, fifteen thousand dollars.
   11  When  imposing  a fine pursuant to the provisions of this paragraph, the
   12  court shall consider the profit gained by defendant's  conduct,  whether
   13  the  amount  of  the  fine  is  disproportionate to the conduct in which
   14  defendant engaged, its impact on any victims, and  defendant's  economic
   15  circumstances,  including  the defendant's ability to pay, the effect of
   16  the fine upon his or her immediate family or any other persons  to  whom
   17  the defendant owes an obligation of support.
   18    S  28.  Subdivision  1 of section 80.10 of the penal law is amended to
   19  read as follows:
   20    1. In general. A sentence to pay a fine, when imposed on a corporation
   21  for an offense defined in this chapter or for an offense defined outside
   22  this chapter for which no special corporate fine is specified, shall  be
   23  a sentence to pay an amount, fixed by the court, not exceeding:
   24    (a) Ten thousand dollars, when the conviction is of a felony;
   25    (b)  Five thousand dollars, when the conviction is of a class A misde-
   26  meanor or of an unclassified misdemeanor for which a term  of  imprison-
   27  ment in excess of three months is authorized;
   28    (c)  Two  thousand dollars, when the conviction is of a class B misde-
   29  meanor or of an unclassified misdemeanor for which the  authorized  term
   30  of imprisonment is not in excess of three months;
   31    (d) Five hundred dollars, when the conviction is of a violation;
   32    (e)  Any  higher  amount not exceeding double the amount of the corpo-
   33  ration's gain from the commission of the offense OR, IF THE  CORPORATION
   34  IS  CONVICTED  OF  A CRIME DEFINED IN ARTICLE FOUR HUNDRED NINETY-SIX OF
   35  THIS CHAPTER, ANY HIGHER AMOUNT NOT EXCEEDING THREE TIMES THE AMOUNT  OF
   36  THE CORPORATION'S GAIN FROM THE COMMISSION OF SUCH OFFENSE.
   37    S  29. Subdivision (a) of section 1-c of the legislative law, as added
   38  by chapter 2 of the laws of 1999, is amended to read as follows:
   39    (a) The term  "lobbyist"  shall  mean  every  person  or  organization
   40  retained,  employed  or  designated by any client to engage in lobbying.
   41  The term "lobbyist" shall not include any  officer,  director,  trustee,
   42  employee, counsel or agent of the state, or any municipality or subdivi-
   43  sion  thereof of New York when discharging their official duties; except
   44  those officers, directors, trustees, employees, counsels, or  agents  of
   45  colleges, as defined by section two of the education law.  PROVIDED THAT
   46  ANY  INDIVIDUAL  WHO  STANDS CONVICTED OF A CRIME DEFINED IN ARTICLE TWO
   47  HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION 195.00, 195.01  OR  195.02
   48  OF  THE  PENAL  LAW  MAY  NOT BE RETAINED, EMPLOYED OR DESIGNATED BY ANY
   49  CLIENT TO ENGAGE IN LOBBYING.
   50    S 30. Section 139-a of the state finance law, as  amended  by  chapter
   51  268 of the laws of 1971, is amended to read as follows:
   52    S  139-a. Ground for cancellation of contract by state. A clause shall
   53  be inserted in all specifications or contracts hereafter made or awarded
   54  by the state or any public department, agency or official  thereof,  for
   55  work  or  services  performed or to be performed, or goods sold or to be
   56  sold, to provide that: (A) upon the refusal by  a  person,  when  called
       S. 6355--A                         23                         A. 8555--A
    1  before a grand jury, head of a state department, temporary state commis-
    2  sion  or  other  state  agency, or the organized crime task force in the
    3  department of law, which  is  empowered  to  compel  the  attendance  of
    4  witnesses  and  examine them under oath, to testify in an investigation,
    5  concerning any transaction or contract had with the state, any political
    6  subdivision thereof, a public authority or with any  public  department,
    7  agency  or official of the state or of any political subdivision thereof
    8  or of a public authority, to sign a waiver of  immunity  against  subse-
    9  quent criminal prosecution or to answer any relevant question concerning
   10  such  transaction  or contract; OR (B) UPON THE CONVICTION OF ANY PERSON
   11  OF AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED OR FOUR HUNDRED  NINETY-SIX
   12  OR SECTION 195.00, 195.01 OR 195.02 OF THE PENAL LAW,
   13    [(a)]  (I)  such  person,  and any firm, partnership or corporation of
   14  which he is a member, partner, director or officer shall be disqualified
   15  from thereafter selling to or submitting bids  to  or  receiving  awards
   16  from or entering into any contracts with the state or any public depart-
   17  ment,  agency  or  official  thereof, for goods, work or services, for a
   18  period of five years after such  refusal,  OR  UPON  CONVICTION  OF  ANY
   19  OFFENSE  DEFINED  IN  ARTICLE  TWO HUNDRED OR FOUR HUNDRED NINETY-SIX OR
   20  SECTION 195.00, 195.01 OR 195.02 OF THE PENAL  LAW,  FOR  LIFE,  and  to
   21  provide also that
   22    [(b)]  (II)  any  and  all contracts made with the state or any public
   23  department, agency or official thereof, since the effective date of this
   24  law, by such person, and by any  firm,  partnership  or  corporation  of
   25  which  he  is a member, partner, director or officer may be cancelled or
   26  terminated by the state without incurring  any  penalty  or  damages  on
   27  account of such cancellation or termination, but any monies owing by the
   28  state  for  goods  delivered  or  work done prior to the cancellation or
   29  termination shall be paid.
   30    S 31. Section 139-b of the state finance law, as  amended  by  chapter
   31  268 of the laws of 1971, is amended to read as follows:
   32    S  139-b.  Disqualification to contract with state. 1. Any person who,
   33  when called before a grand jury, head of a state  department,  temporary
   34  state  commission  or  other  state  agency, or the organized crime task
   35  force in the department of law, which is empowered to compel the attend-
   36  ance of witnesses and examine them under oath, to testify in an investi-
   37  gation, concerning any transaction or contract had with the  state,  any
   38  political  subdivision  thereof,  a  public  authority  or with a public
   39  department, agency or official of the state or of any political subdivi-
   40  sion thereof or of a public authority, refuses to sign a waiver of immu-
   41  nity against subsequent criminal prosecution or to answer  any  relevant
   42  question concerning such transaction or contract, and any firm, partner-
   43  ship  or corporation of which [he] ANY SUCH PERSON is a member, partner,
   44  director or officer shall be disqualified from thereafter selling to  or
   45  submitting  bids  to  or  receiving  awards  from  or  entering into any
   46  contracts with the state or any public department,  agency  or  official
   47  thereof,  for  goods, work or services, for a period of five years after
   48  such refusal or until a disqualification shall be  removed  pursuant  to
   49  the provisions of section one hundred thirty-nine-c of this article.
   50    It  shall  be  the  duty  of  the officer conducting the investigation
   51  before the grand jury, the head of a state  department,  the  [chairman]
   52  CHAIR  of  the  temporary state commission or other state agency, or the
   53  organized crime task force in the department of  law  before  which  the
   54  refusal  occurs  to send notice of such refusal, together with the names
   55  of any firm, partnership or corporation of which the person so  refusing
   56  is  known  to  be  a  member, partner, officer or director, to the state
       S. 6355--A                         24                         A. 8555--A
    1  commissioner of transportation, except in the  event  the  investigation
    2  concerns  a public building transaction or contract said notice shall be
    3  sent to the state commissioner of general services, and the  appropriate
    4  departments, agencies and officials of the state, political subdivisions
    5  thereof  or  public authorities with whom the person so refusing and any
    6  firm, partnership or corporation of  which  he  is  a  member,  partner,
    7  director  or  officer,  is  known to have a contract. However, when such
    8  refusal occurs before a body other than a grand jury, notice of  refusal
    9  shall  not  be  sent for a period of ten days after such refusal occurs.
   10  Prior to the expiration of this ten day period, any person, firm,  part-
   11  nership  or  corporation  which has become liable to the cancellation or
   12  termination of a contract or disqualification to contract on account  of
   13  such  refusal may commence a special proceeding at a special term of the
   14  supreme court, held within the judicial district in  which  the  refusal
   15  occurred,  for an order determining whether the questions in response to
   16  which the refusal occurred were relevant and material  to  the  inquiry.
   17  Upon  the commencement of such proceeding, the sending of such notice of
   18  refusal to answer shall be subject to order of the court  in  which  the
   19  proceeding  was  brought  in a manner and on such terms as the court may
   20  deem just. If a proceeding is not brought within  ten  days,  notice  of
   21  refusal shall thereupon be sent as provided herein.
   22    2.  ANY  PERSON  WHO STANDS CONVICTED OF AN OFFENSE DEFINED IN ARTICLE
   23  TWO HUNDRED OR FOUR HUNDRED NINETY-SIX  OR  SECTION  195.00,  195.01  OR
   24  195.02  OF  THE  PENAL  LAW, AND ANY FIRM, PARTNERSHIP OR CORPORATION OF
   25  WHICH ANY SUCH PERSON IS A MEMBER, PARTNER, DIRECTOR OR OFFICER SHALL BE
   26  DISQUALIFIED, FOR LIFE, FROM THEREAFTER SELLING TO OR SUBMITTING BIDS TO
   27  OR RECEIVING AWARDS FROM OR ENTERING INTO ANY CONTRACTS WITH  THE  STATE
   28  OR ANY PUBLIC DEPARTMENT, AGENCY OR OFFICIAL THEREOF, FOR GOODS, WORK OR
   29  SERVICES.  IN  THE EVENT A PERSON OR FIRM, PARTNERSHIP OR CORPORATION IS
   30  SO CONVICTED, THE OFFICE RESPONSIBLE FOR PROSECUTING SUCH OFFENSE  SHALL
   31  SEND  NOTICE  OF  SUCH  CONVICTION  TOGETHER WITH THE NAMES OF ANY FIRM,
   32  PARTNERSHIP OR CORPORATION OF WHICH THE PERSON IS KNOWN TO BE A  MEMBER,
   33  PARTNER,  OFFICER  OR  DIRECTOR,  TO  THE  STATE COMMISSIONER OF GENERAL
   34  SERVICES, AND SUCH APPROPRIATE DEPARTMENTS, AGENCIES  AND  OFFICIALS  OF
   35  THE  STATE,  POLITICAL  SUBDIVISIONS  THEREOF OR PUBLIC AUTHORITIES WITH
   36  WHOM THE PERSON AND ANY FIRM, PARTNERSHIP OR CORPORATION OF WHICH HE  IS
   37  A MEMBER, PARTNER, DIRECTOR OR OFFICER, IS KNOWN TO HAVE A CONTRACT.
   38    S  32.  Subdivision  6  of  section 1310 of the civil practice law and
   39  rules, as added by chapter 669 of the laws of 1984, is amended  to  read
   40  as follows:
   41    6.  "Pre-conviction  forfeiture  crime" means only a felony defined in
   42  article two hundred twenty OR FOUR HUNDRED NINETY-SIX or section 195.00,
   43  195.01, 195.02, 221.30 or 221.55 of the penal law.
   44    S 33. Section 3 of the public officers law is amended by adding a  new
   45  subdivision 1-a to read as follows:
   46    1-A.  NO  PERSON  SHALL BE CAPABLE OF HOLDING A CIVIL OFFICE WHO SHALL
   47  STAND CONVICTED OF A CRIME  DEFINED  IN  ARTICLE  TWO  HUNDRED  OR  FOUR
   48  HUNDRED NINETY-SIX OR SECTION 195.00, 195.01 OR 195.02 OF THE PENAL LAW.
   49    S 34. The real property tax law is amended by adding a new section 493
   50  to read as follows:
   51    S  493.  LIMITATIONS.  1.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE
   52  CONTRARY, ANY REAL PROPERTY WHICH WOULD OTHERWISE  BE  ELIGIBLE  FOR  AN
   53  EXEMPTION,  CREDIT,  ABATEMENT,  REBATE  OR OTHER REDUCTION OR OFFSET OF
   54  REAL PROPERTY TAX LIABILITY AUTHORIZED BY LAW SHALL NOT BE  SO  ELIGIBLE
   55  IF  ANY  PERSON WHO STANDS TO BENEFIT FROM THE EXEMPTION, CREDIT, ABATE-
   56  MENT, REBATE OR OTHER REDUCTION OR OFFSET STANDS CONVICTED OF AN OFFENSE
       S. 6355--A                         25                         A. 8555--A
    1  DEFINED IN ARTICLE TWO HUNDRED OR FOUR  HUNDRED  NINETY-SIX  OR  SECTION
    2  195.00, 195.01 OR 195.02 OF THE PENAL LAW.
    3    2.  FOR PURPOSES OF THIS SECTION, A PERSON SHALL BE DEEMED TO STAND TO
    4  BENEFIT FROM AN EXEMPTION, CREDIT, ABATEMENT, REBATE OR OTHER  REDUCTION
    5  OR OFFSET OF REAL PROPERTY TAX LIABILITY IF THE PERSON IS:
    6    (A) AN OWNER OR BENEFICIAL OWNER THEREOF, OR
    7    (B)  IN  THE  CASE OF RESIDENTIAL REAL PROPERTY OWNED BY A COOPERATIVE
    8  APARTMENT CORPORATION, A TENANT-STOCKHOLDER RESIDING THEREIN, OR
    9    (C) IN THE CASE OF A PARTNERSHIP THAT HAS LEGAL TITLE TO PROPERTY,  OR
   10  IS OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES THEREON, A PARTNER THERE-
   11  OF, OR
   12    (D) IN THE CASE OF A LIMITED LIABILITY COMPANY THAT HAS LEGAL TITLE TO
   13  PROPERTY,  OR  IS OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES THEREON, A
   14  MANAGER OR MEMBER THEREOF, OR
   15    (E) IN THE CASE OF A CORPORATION THAT HAS LEGAL TITLE TO  PROPERTY  OR
   16  IS  OBLIGATED  TO  MAKE PAYMENTS IN LIEU OF TAXES THEREON, A DIRECTOR OR
   17  OFFICER THEREOF.
   18    3. IN THE EVENT A  PERSON  OR  FIRM,  PARTNERSHIP  OR  CORPORATION  IS
   19  CONVICTED  OF  AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED OR FOUR HUNDRED
   20  NINETY-SIX OR SECTION 195.00, 195.01 OR 195.02 OF  THE  PENAL  LAW,  THE
   21  OFFICE  RESPONSIBLE  FOR  PROSECUTING  SUCH OFFENSE SHALL SEND NOTICE OF
   22  SUCH CONVICTION, TOGETHER WITH THE NAMES OF  ANY  FIRM,  PARTNERSHIP  OR
   23  CORPORATION  OF WHICH THE PERSON IS KNOWN TO BE A MEMBER, PARTNER, OFFI-
   24  CER OR DIRECTOR, TO THE ASSESSOR OF ANY ASSESSING  UNIT  IN  WHICH  SUCH
   25  PERSON  OR SUCH FIRM, PARTNERSHIP OR CORPORATION IS KNOWN TO OWN PROPER-
   26  TY.
   27    S 35. Section 960 of the general municipal law is amended by adding  a
   28  new subdivision (f) to read as follows:
   29    (F)  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS ARTICLE, A BUSINESS
   30  ENTERPRISE SHALL NOT BE ELIGIBLE FOR ANY BENEFITS PURSUANT TO THIS ARTI-
   31  CLE IF SUCH ENTERPRISE STANDS CONVICTED OF AN OFFENSE DEFINED IN ARTICLE
   32  TWO HUNDRED OR FOUR HUNDRED NINETY-SIX  OR  SECTION  195.00,  195.01  OR
   33  195.02  OF THE PENAL LAW, OR IF ANY MEMBER, PARTNER, DIRECTOR OR OFFICER
   34  OF SUCH ENTERPRISE STANDS CONVICTED OF ANY SUCH OFFENSE.
   35    S 36. The tax law is amended by adding a new section  41  to  read  as
   36  follows:
   37    S  41.  LIMITATIONS ON TAX CREDIT ELIGIBILITY. ANY TAXPAYER WHO STANDS
   38  CONVICTED, OR WHO IS A SHAREHOLDER OF AN S CORPORATION OR PARTNER  IN  A
   39  PARTNERSHIP  WHICH  IS  CONVICTED,  OF AN OFFENSE DEFINED IN ARTICLE TWO
   40  HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION 195.00, 195.01  OR  195.02
   41  OF  THE PENAL LAW SHALL NOT BE ELIGIBLE FOR ANY TAX CREDIT ALLOWED UNDER
   42  ARTICLE NINE, NINE-A, THIRTY-TWO OR THIRTY-THREE OF THIS CHAPTER OR  ANY
   43  BUSINESS  TAX  CREDIT  ALLOWED UNDER ARTICLE TWENTY-TWO OF THIS CHAPTER.
   44  FOR PURPOSES OF THIS SECTION, A BUSINESS TAX CREDIT ALLOWED UNDER  ARTI-
   45  CLE  TWENTY-TWO  OF  THIS  CHAPTER  IS A TAX CREDIT ALLOWED TO TAXPAYERS
   46  UNDER ARTICLE TWENTY-TWO WHICH IS SUBSTANTIALLY SIMILAR TO A TAX  CREDIT
   47  ALLOWED  TO TAXPAYERS UNDER ARTICLE NINE-A OF THIS CHAPTER. IN THE EVENT
   48  A PERSON OR FIRM, PARTNERSHIP OR CORPORATION IS CONVICTED OF AN  OFFENSE
   49  DEFINED  IN  ARTICLE  TWO  HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION
   50  195.00, 195.01 OR 195.02 OF THE PENAL LAW, THE  OFFICE  RESPONSIBLE  FOR
   51  PROSECUTING  SUCH OFFENSE SHALL SEND NOTICE OF SUCH CONVICTION, TOGETHER
   52  WITH THE NAMES OF ANY FIRM, PARTNERSHIP  OR  CORPORATION  OF  WHICH  THE
   53  PERSON  IS  KNOWN  TO  BE A MEMBER, PARTNER, OFFICER OR DIRECTOR, TO THE
   54  COMMISSIONER.
       S. 6355--A                         26                         A. 8555--A
    1    S 37. Paragraph 8 of subdivision 3 of section 73-a of the public offi-
    2  cers law, as amended by section 5 of part A of chapter 399 of  the  laws
    3  of 2011, is amended to read as follows:
    4  8.  (a)  If  the  reporting individual practices law, is licensed by the
    5      department of state as a real estate broker or agent or practices  a
    6      profession  licensed  by  the department of education, or works as a
    7      member or employee of  a  firm  required  to  register  pursuant  to
    8      section  one-e of the legislative law as a lobbyist, [give] DESCRIBE
    9      THE SERVICES RENDERED FOR WHICH COMPENSATION WAS PAID,  INCLUDING  a
   10      general description of the principal subject areas of matters under-
   11      taken  by  such  individual  OR  PRINCIPAL  DUTIES  PERFORMED. Addi-
   12      tionally, if such an individual practices with a firm or corporation
   13      and is a partner or shareholder of the firm or corporation,  give  a
   14      general description of principal subject areas of matters undertaken
   15      by such firm or corporation.
   16      ____________________________________________________________________
   17      ____________________________________________________________________
   18      ____________________________________________________________________
   19      ____________________________________________________________________
   20      ____________________________________________________________________
   21    (b)  APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
   22  PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE, OR FOR NEW MATTERS
   23  FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO  THOSE  SERVICES  THAT
   24  ARE PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE:
   25    If the reporting individual personally provides services to any person
   26  or  entity,  or works as a member or employee of a partnership or corpo-
   27  ration that  provides  such  services  (referred  to  hereinafter  as  a
   28  "firm"),  then  identify  each  client or customer to whom the reporting
   29  individual  personally  AND  KNOWINGLY  provided  DIRECT   OR   INDIRECT
   30  services,  or  who was referred to the firm by the reporting individual,
   31  and from whom the reporting individual or his or her firm earned fees in
   32  excess of $10,000 during the reporting period for such services rendered
   33  in direct connection with:
   34    (i) A proposed bill or resolution in the senate or assembly during the
   35  reporting period;
   36    (ii) A contract in an amount totaling $50,000  or more from the  state
   37  or any state agency for services, materials, or property;
   38    (iii)  A  grant of $25,000  or more from the state or any state agency
   39  during the reporting period;
   40    (iv) A grant obtained through  a  legislative  initiative  during  the
   41  reporting period; or
   42    (v)  A  case,  proceeding,  application  or other matter that is not a
   43  ministerial matter before a state agency during the reporting period.
   44    For purposes of this question, "referred  to  the  firm"  shall  mean:
   45  having  intentionally  and  knowingly  taken a specific act or series of
   46  acts to intentionally procure for the  reporting  individual's  firm  or
   47  knowingly  solicit or direct to the reporting individual's firm in whole
   48  or substantial part, a person or entity that becomes a  client  of  that
   49  firm  for  the  purposes  of  representation  for a matter as defined in
   50  subparagraphs (i) through (v) of this paragraph, as the result  of  such
   51  procurement,  solicitation  or  direction of the reporting individual. A
   52  reporting  individual  need  not  disclose  activities  performed  while
   53  lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi-
   54  sion seven of section seventy-three of this article.
       S. 6355--A                         27                         A. 8555--A
    1    The  disclosure requirement in this question shall not require disclo-
    2  sure of clients or  customers  receiving  medical  or  dental  services,
    3  mental  health  services, residential real estate brokering services, or
    4  insurance brokering services from the reporting individual or his or her
    5  firm.  The  reporting individual need not identify any client to whom he
    6  or she or his or her firm provided legal representation with respect  to
    7  investigation or prosecution by law enforcement authorities, bankruptcy,
    8  or  domestic  relations  matters. With respect to clients represented in
    9  other matters, where disclosure of a  client's  identity  is  likely  to
   10  cause harm, the reporting individual shall request an exemption from the
   11  joint  commission  pursuant  to  paragraph  (i)  of  subdivision nine of
   12  section ninety-four of the executive law. Only  a  reporting  individual
   13  who  first  enters  public office after July first, two thousand twelve,
   14  need not report clients or customers with respect to matters  for  which
   15  the reporting individual or his or her firm was retained prior to enter-
   16  ing public office.
   17  Client                                    Nature of Services Provided
   18  ________________________________________________________________________
   19  ________________________________________________________________________
   20  ________________________________________________________________________
   21  ________________________________________________________________________
   22  ________________________________________________________________________
   23    (c)  APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
   24  PROVIDED ON OR AFTER JANUARY FIRST, TWO THOUSAND  FIFTEEN,  OR  FOR  NEW
   25  MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES
   26  THAT ARE PROVIDED ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN:
   27    (I)  IF THE REPORTING INDIVIDUAL RECEIVES INCOME OF $50,000 OR GREATER
   28  FROM ANY EMPLOYMENT OR ACTIVITY REPORTABLE UNDER QUESTION 8(A),  INCLUD-
   29  ING  THE  PRACTICE  OF LAW, IDENTIFY EACH CLIENT OR CUSTOMER TO WHOM THE
   30  REPORTING INDIVIDUAL OR HIS OR HER FIRM EARNED FEES IN EXCESS OF $10,000
   31  DURING THE REPORTING PERIOD FOR SUCH SERVICES RENDERED IF SUCH CLIENT OR
   32  CUSTOMER HAS A PENDING MATTER WITH THE  STATE,  EVEN  IF  THE  REPORTING
   33  INDIVIDUAL  PROVIDES  NO  SERVICES  RELATED  TO  SUCH  MATTER, IN DIRECT
   34  CONNECTION WITH:
   35  (A) A PROPOSED BILL OR RESOLUTION IN THE SENATE OR ASSEMBLY  DURING  THE
   36      REPORTING PERIOD;
   37  (B)  A  CONTRACT IN AN AMOUNT TOTALING $50,000 OR MORE FROM THE STATE OR
   38      ANY STATE AGENCY FOR SERVICES, MATERIALS, OR PROPERTY;
   39  (C) A GRANT OF $25,000 OR MORE FROM THE STATE OR ANY STATE AGENCY DURING
   40      THE REPORTING PERIOD;
   41  (D) A GRANT OBTAINED THROUGH A LEGISLATIVE INITIATIVE DURING THE REPORT-
   42      ING PERIOD; OR
   43  (E) A CASE, PROCEEDING, APPLICATION OR OTHER MATTER THAT IS NOT A MINIS-
   44      TERIAL MATTER BEFORE A STATE AGENCY DURING THE REPORTING PERIOD.
   45    (II) THE REPORTING INDIVIDUAL SHALL  IDENTIFY  EVERY  CLIENT  DIRECTLY
   46  REFERRED  TO  SUCH  INDIVIDUAL  BY  A REGISTERED LOBBYIST OR CLIENT OF A
   47  LOBBYIST WHERE SUCH REFERRAL SHALL HAVE BEEN  MADE  BY  DIRECT  COMMUNI-
   48  CATION  FROM THE LOBBYIST OR CLIENT OF A LOBBYIST TO THE REPORTING INDI-
   49  VIDUAL. WITH RESPECT TO EACH SUCH CLIENT, THE REPORTING INDIVIDUAL SHALL
   50  IDENTIFY THE NAME OF THE CLIENT SO REFERRED, THE AMOUNT OF  COMPENSATION
   51  RECEIVED,  AND  THE  NAME  OF  THE  LOBBYIST OR CLIENT OF A LOBBYIST WHO
   52  REFERRED SUCH CLIENT.  THE DISCLOSURE REQUIREMENTS IN  CLAUSES  (I)  AND
   53  (II)  OF  THIS  SUBPARAGRAPH  SHALL NOT REQUIRE DISCLOSURE OF CLIENTS OR
   54  CUSTOMERS RECEIVING MEDICAL OR DENTAL SERVICES, MENTAL HEALTH  SERVICES,
   55  RESIDENTIAL  REAL  ESTATE  BROKERING  SERVICES,  OR  INSURANCE BROKERING
       S. 6355--A                         28                         A. 8555--A
    1  SERVICES FROM THE REPORTING INDIVIDUAL OR HIS OR HER FIRM. THE REPORTING
    2  INDIVIDUAL NEED NOT IDENTIFY ANY CLIENT TO WHOM HE OR SHE OR HIS OR  HER
    3  FIRM  PROVIDED  LEGAL  REPRESENTATION  WITH  RESPECT TO INVESTIGATION OR
    4  PROSECUTION  BY  LAW  ENFORCEMENT  AUTHORITIES,  BANKRUPTCY, OR DOMESTIC
    5  RELATIONS MATTERS. WITH RESPECT TO CLIENTS REPRESENTED IN OTHER MATTERS,
    6  THE REPORTING INDIVIDUAL SHALL  REQUEST  AN  EXEMPTION  FROM  THE  JOINT
    7  COMMISSION,  WHICH  SHALL  BE  GRANTED  FOR  GOOD  CAUSE  SHOWN. FOR THE
    8  PURPOSES OF THIS QUESTION, GOOD CAUSE  MAY  BE  SHOWN  BY  CIRCUMSTANCES
    9  INCLUDING,  BUT  NOT LIMITED TO, WHERE DISCLOSURE OF A CLIENT'S IDENTITY
   10  WOULD REVEAL TRADE SECRETS OR HAVE A NEGATIVE  IMPACT  ON  THE  CLIENT'S
   11  BUSINESS  INTERESTS,  WOULD  CAUSE  EMBARRASSMENT  FOR THE CLIENT, COULD
   12  REASONABLY RESULT IN RETALIATION AGAINST THE CLIENT, OR  WOULD  TEND  TO
   13  REVEAL  NON-PUBLIC  MATTERS  REGARDING A CRIMINAL INVESTIGATION.  ONLY A
   14  REPORTING INDIVIDUAL WHO FIRST ENTERS PUBLIC OFFICE AFTER JANUARY FIRST,
   15  TWO THOUSAND FIFTEEN, NEED NOT REPORT CLIENTS OR CUSTOMERS WITH  RESPECT
   16  TO  MATTERS  FOR  WHICH  THE REPORTING INDIVIDUAL OR HIS OR HER FIRM WAS
   17  RETAINED PRIOR TO ENTERING PUBLIC OFFICE.
   18  CLIENT                                    NATURE OF SERVICES PROVIDED
   19  ________________________________________________________________________
   20  ________________________________________________________________________
   21  ________________________________________________________________________
   22  ________________________________________________________________________
   23  ________________________________________________________________________
   24    (D) List the name, principal address and general  description  or  the
   25  nature  of  the  business  activity of any entity in which the reporting
   26  individual or such individual's spouse had an investment  in  excess  of
   27  $1,000 excluding investments in securities and interests in real proper-
   28  ty.
   29      ____________________________________________________________________
   30      ____________________________________________________________________
   31      ____________________________________________________________________
   32      ____________________________________________________________________
   33      ____________________________________________________________________
   34    S  38.  Severability.  If  any clause, sentence, paragraph, section or
   35  part of this act shall be adjudged by any court of  competent  jurisdic-
   36  tion  to  be invalid, such judgment shall not affect, impair, or invali-
   37  date the remainder thereof, but shall be confined in  its  operation  to
   38  the  clause,  sentence,  paragraph,  section  or  part  thereof directly
   39  involved in the controversy in  which  such  judgment  shall  have  been
   40  rendered.
   41    S  39.  This act shall take effect on the thirtieth day after it shall
   42  have become a law and shall only apply to acts  committed  on  or  after
   43  such date.
   44                                  SUBPART B
   45    Section  1.  Subdivision  1  of section 14-126 of the election law, as
   46  amended by section 3 of part E of chapter 399 of the laws  of  2011,  is
   47  amended to read as follows:
   48    1.  Any  person  who fails to file a statement required to be filed by
   49  this article shall be subject to a civil penalty, not in excess  of  one
   50  thousand  dollars,  to  be  recoverable in a special proceeding or civil
   51  action to be brought by the state board of elections [or other board  of
       S. 6355--A                         29                         A. 8555--A
    1  elections]  CHIEF ENFORCEMENT COUNSEL PURSUANT TO SECTION 16-114 OF THIS
    2  CHAPTER. Any person who, three or more times  within  a  given  election
    3  cycle  for  such term of office, fails to file a statement or statements
    4  required to be filed by this article, shall be subject to a civil penal-
    5  ty, not in excess of ten thousand dollars, to be recoverable as provided
    6  for in this subdivision.
    7    S 2. Subdivision 3 of section 3-100 of the election law, as amended by
    8  chapter 220 of the laws of 2005, is amended to read as follows:
    9    3.  The  commissioners  of  the state board of elections shall have no
   10  other public employment. The commissioners shall receive an annual sala-
   11  ry of twenty-five thousand dollars, within the  amounts  made  available
   12  therefor by appropriation. The board shall, for the purposes of sections
   13  seventy-three  and  seventy-four of the public officers law, be a "state
   14  agency", and such commissioners shall be "officers" of the  state  board
   15  of  elections for the purposes of such sections. Within the amounts made
   16  available by appropriation therefor, the state board of elections  shall
   17  appoint  two co-executive directors, and such other staff members as are
   18  necessary in the exercise of its functions, and may  fix  their  compen-
   19  sation.  [Anytime after the effective date of the chapter of the laws of
   20  two thousand five which amended this subdivision, the] THE commissioners
   21  or, in the case of a vacancy on the board, the commissioner of  each  of
   22  the  major  political  parties  shall appoint one co-executive director.
   23  Each co-executive director shall serve a term of four years.  THE GOVER-
   24  NOR SHALL APPOINT A CHIEF ENFORCEMENT COUNSEL TO HEAD  THE  DIVISION  OF
   25  ELECTION LAW ENFORCEMENT WHO SHALL HAVE A FIXED TERM OF FOUR YEARS, WITH
   26  THE  ADVICE AND CONSENT OF THE SENATE, WITH SUCH CONSENT DETERMINED BY A
   27  VOTE OF THE SENATE WITHIN THIRTY DAYS OF THE NOMINATION BY THE GOVERNOR,
   28  AND SHALL BE REMOVED ONLY FOR GOOD CAUSE AND  SOLELY  BY  THE  GOVERNOR.
   29  THE  CHIEF  ENFORCEMENT COUNSEL SHALL HAVE SOLE AUTHORITY OVER PERSONNEL
   30  DECISIONS WITHIN THE ENFORCEMENT UNIT. ALL HIRING DECISIONS MADE BY  THE
   31  CHIEF  ENFORCEMENT  COUNSEL  SHALL  BE  MADE WITHOUT REGARD TO POLITICAL
   32  PARTY AFFILIATION.  ANY VACANCY IN THE OFFICE OF  CO-EXECUTIVE  DIRECTOR
   33  shall be filled by the commissioners or, in the case of a vacancy on the
   34  board,  the commissioner of the same major political party as the vacat-
   35  ing incumbent for the remaining period of  the  term  of  such  vacating
   36  incumbent.
   37    S  3.  Subdivision  3  and paragraph (c) of subdivision 9-A of section
   38  3-102 of the election law, subdivision 3 as amended by chapter 9 of  the
   39  laws  of  1978  and paragraph (c) of subdivision 9-A as added by chapter
   40  430 of the laws of 1997, are amended to read as follows:
   41    3. conduct any investigation necessary to carry out the provisions  of
   42  this chapter, PROVIDED, HOWEVER, THAT THE STATE BOARD OF ELECTIONS CHIEF
   43  ENFORCEMENT COUNSEL, ESTABLISHED PURSUANT TO SECTION 3-100 OF THIS ARTI-
   44  CLE, SHALL CONDUCT ANY INVESTIGATION NECESSARY TO ENFORCE THE PROVISIONS
   45  OF THIS CHAPTER;
   46    (c) establish [a] AN EDUCATIONAL AND training program on ALL REPORTING
   47  REQUIREMENTS INCLUDING BUT NOT LIMITED TO the electronic reporting proc-
   48  ess  and  make  it EASILY AND READILY available to any such candidate or
   49  committee;
   50    S 4. Section 3-104 of the election law, subdivisions 1, 3, 4 and 5  as
   51  redesignated  and  subdivision  2 as amended by chapter 9 of the laws of
   52  1978, is amended to read as follows:
   53    S 3-104. State board of elections; enforcement powers.
   54    1. (A) THERE SHALL BE A UNIT KNOWN AS THE  DIVISION  OF  ELECTION  LAW
   55  ENFORCEMENT ESTABLISHED WITHIN THE STATE BOARD OF ELECTIONS. THE HEAD OF
   56  SUCH UNIT SHALL BE THE CHIEF ENFORCEMENT COUNSEL.
       S. 6355--A                         30                         A. 8555--A
    1    (B)  The  state  board of elections shall have jurisdiction of, and be
    2  responsible for, the execution and  enforcement  of  the  provisions  of
    3  article fourteen of this chapter and other statutes governing campaigns,
    4  elections  and  related  procedures;  PROVIDED  HOWEVER  THAT  THE CHIEF
    5  ENFORCEMENT  COUNSEL  SHALL  HAVE  AUTHORITY  WITHIN  THE STATE BOARD OF
    6  ELECTIONS TO INVESTIGATE ON HIS OR HER OWN INITIATIVE OR UPON  COMPLAINT
    7  ALLEGED   VIOLATIONS  OF  SUCH  STATUTES  AND  ALL  COMPLAINTS  ALLEGING
    8  VIOLATIONS SHALL BE FORWARDED TO THE ENFORCEMENT  DIVISION  OF  ELECTION
    9  LAW ENFORCEMENT.
   10    2.  (A) Whenever [the state board of elections or other] A LOCAL board
   11  of elections shall determine, on its own initiative or  upon  complaint,
   12  or otherwise, that there is substantial reason to believe a violation of
   13  this  chapter  or  any  code  or  regulation  promulgated thereunder has
   14  [occurred] BEEN COMMITTED BY A CANDIDATE OR POLITICAL COMMITTEE OR OTHER
   15  PERSON OR ENTITY THAT FILES STATEMENTS REQUIRED BY ARTICLE  FOURTEEN  OF
   16  THIS  CHAPTER  SOLELY WITH SUCH LOCAL BOARD, it shall expeditiously make
   17  an investigation which shall also include investigation of  reports  and
   18  statements  made  or  failed to be made by the complainant and any poli-
   19  tical committee supporting his candidacy if the complainant is a  candi-
   20  date  or,  if  the complaint was made by an officer or member of a poli-
   21  tical committee, of reports and statements made or failed to be made  by
   22  such  political committee and any candidates supported by it. [The state
   23  board of elections, in lieu of making such an investigation, may  direct
   24  the  appropriate board of elections to make an investigation.] THE LOCAL
   25  BOARD SHALL REPORT THE RESULTS OF ITS INVESTIGATION TO THE  DIVISION  OF
   26  ELECTION LAW ENFORCEMENT CHIEF ENFORCEMENT COUNSEL WITHIN NINETY DAYS OF
   27  THE  START  OF  SUCH  INVESTIGATION.   THE CHIEF ENFORCEMENT COUNSEL MAY
   28  DIRECT THE LOCAL BOARD OF ELECTIONS AT ANY TIME TO SUSPEND ITS  INVESTI-
   29  GATION  SO THAT THE DIVISION OF ELECTION LAW ENFORCEMENT CAN INVESTIGATE
   30  THE MATTER.
   31    (B) The [state board  of  elections]  CHIEF  ENFORCEMENT  COUNSEL  may
   32  request,  and  shall  receive, the assistance of the state police in any
   33  investigation it shall conduct.
   34    [3. If, after an investigation, the state or other board of  elections
   35  finds  reasonable  cause to believe that a violation warranting criminal
   36  prosecution has taken place, it shall forthwith refer the matter to  the
   37  district  attorney of the appropriate county and shall make available to
   38  such district attorney all relevant  papers,  documents,  testimony  and
   39  findings relevant to its investigation.
   40    4.  The  state  or  other  board  of elections may, where appropriate,
   41  commence a judicial proceeding with respect to the filing or failure  to
   42  file  any  statement  of receipts, expenditures, or contributions, under
   43  the provisions of this chapter, and the state  board  of  elections  may
   44  direct  the  appropriate  other  board  of  elections  to  commence such
   45  proceeding.
   46    5.] 3. UPON RECEIPT OF A COMPLAINT AND SUPPORTING INFORMATION ALLEGING
   47  ANY OTHER VIOLATION OF THIS CHAPTER, THE CHIEF ENFORCEMENT COUNSEL SHALL
   48  ANALYZE THE COMPLAINT TO DETERMINE IF AN INVESTIGATION SHOULD BE  UNDER-
   49  TAKEN.  THE  CHIEF ENFORCEMENT COUNSEL SHALL, IF NECESSARY, OBTAIN ADDI-
   50  TIONAL INFORMATION FROM THE COMPLAINANT OR FROM OTHER SOURCES TO  ASSIST
   51  SUCH  COUNSEL  IN MAKING THIS DETERMINATION. SUCH ANALYSIS SHALL INCLUDE
   52  THE FOLLOWING: FIRST, WHETHER THE ALLEGATIONS, IF TRUE, WOULD CONSTITUTE
   53  A VIOLATION OF THIS CHAPTER AND, SECOND,  WHETHER  THE  ALLEGATIONS  ARE
   54  SUPPORTED BY CREDIBLE EVIDENCE.
   55    4.  IF  THE CHIEF ENFORCEMENT COUNSEL DETERMINES THAT THE ALLEGATIONS,
   56  IF TRUE, WOULD NOT CONSTITUTE A VIOLATION OF THIS CHAPTER  OR  THAT  THE
       S. 6355--A                         31                         A. 8555--A
    1  ALLEGATIONS  ARE  NOT  SUPPORTED  BY  CREDIBLE EVIDENCE, HE OR SHE SHALL
    2  ISSUE A LETTER TO THE COMPLAINANT DISMISSING THE COMPLAINT.
    3    5.  THE CHIEF ENFORCEMENT COUNSEL SHALL HAVE THE POWER TO FULLY INVES-
    4  TIGATE VIOLATIONS OF THIS CHAPTER, INCLUDING THE POWER TO ISSUE  SUBPOE-
    5  NAS  AND  TO  APPLY  FOR SEARCH WARRANTS PURSUANT TO ARTICLE SIX HUNDRED
    6  NINETY OF THE CRIMINAL PROCEDURE LAW, AND,  EXCEPT  IN  EXIGENT  CIRCUM-
    7  STANCES,  SHALL  GIVE  PRIOR  NOTICE  OF THE APPLICATION TO THE DISTRICT
    8  ATTORNEY OF THE COUNTY IN WHICH SUCH A WARRANT IS TO BE EXECUTED, AND IN
    9  SUCH EXIGENT CIRCUMSTANCES SHALL GIVE SUCH NOTICE AS SOON THEREAFTER  AS
   10  IS  PRACTICABLE;  PROVIDED, HOWEVER THAT THE FAILURE TO GIVE NOTICE OF A
   11  SEARCH WARRANT APPLICATION TO A DISTRICT ATTORNEY SHALL NOT BE A  GROUND
   12  TO  SUPPRESS  THE  EVIDENCE  SEIZED  IN EXECUTING THE WARRANT. THE CHIEF
   13  ENFORCEMENT COUNSEL SHALL BE FURTHER AUTHORIZED TO USE THE FULL INVESTI-
   14  GATIVE POWERS OF THE STATE BOARD OF ELECTIONS, AS PROVIDED FOR IN SUBDI-
   15  VISIONS THREE, FOUR, FIVE AND SIX OF SECTION 3-102 OF THIS TITLE.
   16    6. THE CHIEF ENFORCEMENT COUNSEL  MAY,  AFTER  CONSULTATION  WITH  THE
   17  DISTRICT ATTORNEY AS TO THE TIME AND PLACE OF SUCH ATTENDANCE OR APPEAR-
   18  ANCE,  ATTEND  IN  PERSON  ANY TERM OF THE COUNTY COURT OR SUPREME COURT
   19  HAVING APPROPRIATE JURISDICTION, INCLUDING AN EXTRAORDINARY  SPECIAL  OR
   20  TRIAL  TERM  OF  THE  SUPREME  COURT  WHEN  ONE IS APPOINTED PURSUANT TO
   21  SECTION ONE HUNDRED FORTY-NINE OF THE JUDICIARY LAW,  OR  APPEAR  BEFORE
   22  THE  GRAND  JURY  THEREOF, FOR THE PURPOSE OF MANAGING AND CONDUCTING IN
   23  SUCH COURT OR BEFORE SUCH JURY A CRIMINAL ACTION OR PROCEEDING CONCERNED
   24  WITH A CRIMINAL VIOLATION OF THIS CHAPTER.  THE CHIEF ENFORCEMENT  COUN-
   25  SEL MAY REPRESENT, AND SHALL RECEIVE, THE ASSISTANCE OF THE STATE POLICE
   26  IN  ANY INVESTIGATION HE OR SHE SHALL CONDUCT.  IN SUCH CASE, SUCH CHIEF
   27  ENFORCEMENT COUNSEL OR HIS OR HER ASSISTANT SO  ATTENDING  MAY  EXERCISE
   28  ALL  THE POWERS AND PERFORM ALL THE DUTIES IN RESPECT OF SUCH ACTIONS OR
   29  PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE BE AUTHORIZED OR
   30  REQUIRED TO EXERCISE OR PERFORM.
   31    7. (A) IF THE CHIEF ENFORCEMENT COUNSEL  DETERMINES  THAT  SUBSTANTIAL
   32  REASON  EXISTS  TO  BELIEVE  THAT  A PERSON, ACTING AS OR ON BEHALF OF A
   33  CANDIDATE OR POLITICAL COMMITTEE UNDER CIRCUMSTANCES EVINCING AN  INTENT
   34  TO  VIOLATE  SUCH  LAW  THAT  DOES NOT OTHERWISE WARRANT CRIMINAL PROSE-
   35  CUTION, HAS UNLAWFULLY ACCEPTED A CONTRIBUTION IN EXCESS OF  A  CONTRIB-
   36  UTION  LIMITATION ESTABLISHED IN ARTICLE FOURTEEN OF THIS CHAPTER OR HAS
   37  UNLAWFULLY VIOLATED ANY PROVISION OF THIS CHAPTER, THE CHIEF ENFORCEMENT
   38  COUNSEL SHALL SELECT A HEARING OFFICER, FROM A LIST OF PROSPECTIVE HEAR-
   39  ING OFFICERS EACH APPROVED BY A TWO-THIRDS MAJORITY VOTE OF  THE  BOARD,
   40  TO  WHOM  HE  OR SHALL SHALL PROVIDE A WRITTEN REPORT AS TO: (1) WHETHER
   41  SUBSTANTIAL REASON EXISTS TO BELIEVE A VIOLATION  OF  THIS  CHAPTER  HAS
   42  OCCURRED  AND,  IF  SO,  THE  NATURE OF THE VIOLATION AND ANY APPLICABLE
   43  PENALTY, BASED ON THE NATURE OF THE VIOLATION; (2)  WHETHER  THE  MATTER
   44  SHOULD  BE RESOLVED EXTRA-JUDICIALLY; AND (3) WHETHER A SPECIAL PROCEED-
   45  ING SHOULD BE COMMENCED IN THE SUPREME COURT TO RECOVER A CIVIL PENALTY.
   46  THE HEARING OFFICER SHALL MAKE FINDINGS OF FACT AND CONCLUSIONS  OF  LAW
   47  BASED  ON  A PREPONDERANCE OF THE EVIDENCE AS TO WHETHER A VIOLATION HAS
   48  BEEN ESTABLISHED AND WHO IS GUILTY OF SUCH VIOLATION ON  NOTICE  TO  AND
   49  WITH  AN  OPPORTUNITY  FOR  THE  INDIVIDUAL  OR  ENTITY  ACCUSED  OF ANY
   50  VIOLATIONS TO BE HEARD. THE CHIEF ENFORCEMENT COUNSEL SHALL  ADOPT  SUCH
   51  REPORT  AND  COMMENCE A SPECIAL PROCEEDING IN THE SUPREME COURT PURSUANT
   52  TO SECTIONS 16-100, 16-114 AND 16-116 OF THIS CHAPTER SHOULD  THE  FIND-
   53  INGS  OF  FACT  AND  CONCLUSIONS OF LAW SUPPORT THE COMMENCEMENT OF SUCH
   54  PROCEEDING.  IF THE BOARD OF ELECTIONS FAILS TO PRODUCE A LIST OF ELIGI-
   55  BLE HEARING OFFICERS, THE  CHIEF  ENFORCEMENT  COUNSEL  MAY  COMMENCE  A
       S. 6355--A                         32                         A. 8555--A
    1  SPECIAL PROCEEDING AS PROVIDED HEREIN IN ACCORDANCE WITH RECOMMENDATIONS
    2  MADE IN HIS OR HER REPORT.
    3    (B) IF THE CHIEF ENFORCEMENT COUNSEL DETERMINES, THAT REASONABLE CAUSE
    4  EXISTS  TO BELIEVE A VIOLATION WARRANTING CRIMINAL PROSECUTION HAS TAKEN
    5  PLACE, THE CHIEF ENFORCEMENT COUNSEL SHALL COMMENCE A CRIMINAL ACTION OR
    6  REFER SUCH MATTER TO THE ATTORNEY  GENERAL  OR  DISTRICT  ATTORNEY  WITH
    7  JURISDICTION OVER SUCH MATTER TO COMMENCE A CRIMINAL ACTION AS SUCH TERM
    8  IS DEFINED IN THE CRIMINAL PROCEDURE LAW.
    9    8. UPON NOTIFICATION THAT A SPECIAL PROCEEDING HAS BEEN COMMENCED BY A
   10  PARTY  OTHER  THAN  THE  STATE  BOARD  OF ELECTIONS, PURSUANT TO SECTION
   11  16-114 OF THIS CHAPTER, THE CHIEF ENFORCEMENT COUNSEL SHALL  INVESTIGATE
   12  THE ALLEGED VIOLATIONS UNLESS OTHERWISE DIRECTED BY THE COURT.
   13    9.  THE  CHIEF  ENFORCEMENT  COUNSEL  SHALL  PREPARE  A  REPORT, TO BE
   14  INCLUDED IN THE ANNUAL REPORT  TO  THE  GOVERNOR,  THE  STATE  BOARD  OF
   15  ELECTIONS AND LEGISLATURE, SUMMARIZING THE ACTIVITIES OF THE UNIT DURING
   16  THE PREVIOUS YEAR.
   17    10.  The state board of elections may promulgate rules and regulations
   18  consistent with law to effectuate the provisions of this section.
   19    S 5. Subdivision 32 of section 1.20 of the criminal procedure law,  as
   20  amended  by  section  4 of part A of chapter 501 of the laws of 2012, is
   21  amended to read as follows:
   22    32. "District  attorney"  means  a  district  attorney,  an  assistant
   23  district  attorney  or a special district attorney, and, where appropri-
   24  ate, the attorney general,  an  assistant  attorney  general,  a  deputy
   25  attorney  general,  a  special deputy attorney general, [or] the special
   26  prosecutor and inspector general  for  the  protection  of  people  with
   27  special  needs  or  his  or her assistants when acting pursuant to their
   28  duties in matters arising under article twenty of the executive law,  OR
   29  THE  CHIEF  ENFORCEMENT  COUNSEL  OF  THE  STATE BOARD OF ELECTIONS WHEN
   30  ACTING PURSUANT TO HIS OR  HER  DUTIES  IN  MATTERS  ARISING  UNDER  THE
   31  ELECTION LAW.
   32    S  6.  This  act shall take effect on the ninetieth day after it shall
   33  have become a law.
   34                                  SUBPART C
   35    Section 1. Section 14-100 of the election law  is  amended  by  adding
   36  four new subdivisions 12, 13, 14 and 15 to read as follows:
   37    12. "CLEARLY IDENTIFIED CANDIDATE" MEANS THAT:
   38    (A) THE NAME OF THE CANDIDATE INVOLVED APPEARS;
   39    (B) A PHOTOGRAPH OR DRAWING OF THE CANDIDATE APPEARS; OR
   40    (C)  THE  IDENTITY  OF THE CANDIDATE IS APPARENT BY UNAMBIGUOUS REFER-
   41  ENCE.
   42    13. "GENERAL PUBLIC AUDIENCE" MEANS AN AUDIENCE COMPOSED OF MEMBERS OF
   43  THE PUBLIC, INCLUDING A TARGETED SUBGROUP  OF  MEMBERS  OF  THE  PUBLIC;
   44  PROVIDED,  HOWEVER,  IT  DOES  NOT  MEAN AN AUDIENCE SOLELY COMPRISED OF
   45  MEMBERS, RETIREES AND STAFF OF A LABOR ORGANIZATION OR  THEIR  IMMEDIATE
   46  FAMILY  MEMBERS OR AN AUDIENCE SOLELY COMPRISED OF EMPLOYEES OF A CORPO-
   47  RATION, UNINCORPORATED BUSINESS ENTITY OR MEMBERS OF A  BUSINESS,  TRADE
   48  OR PROFESSIONAL ASSOCIATION OR ORGANIZATION.
   49    14.  "LABOR  ORGANIZATION"  MEANS  ANY  ORGANIZATION OF ANY KIND WHICH
   50  EXISTS FOR THE PURPOSE, IN WHOLE OR IN PART, OF  REPRESENTING  EMPLOYEES
   51  EMPLOYED  WITHIN  THE  STATE  OF  NEW  YORK IN DEALING WITH EMPLOYERS OR
   52  EMPLOYER ORGANIZATIONS OR WITH A STATE GOVERNMENT, OR ANY  POLITICAL  OR
   53  CIVIL  SUBDIVISION  OR OTHER AGENCY THEREOF, CONCERNING TERMS AND CONDI-
   54  TIONS OF EMPLOYMENT, GRIEVANCES, LABOR DISPUTES, OR OTHER MATTERS  INCI-
       S. 6355--A                         33                         A. 8555--A
    1  DENTAL TO THE EMPLOYMENT RELATIONSHIP. FOR THE PURPOSES OF THIS ARTICLE,
    2  EACH  LOCAL,  PARENT  NATIONAL OR PARENT INTERNATIONAL ORGANIZATION OF A
    3  STATEWIDE LABOR ORGANIZATION, AND EACH  STATEWIDE  FEDERATION  RECEIVING
    4  DUES FROM SUBSIDIARY LABOR ORGANIZATIONS, SHALL BE CONSIDERED A SEPARATE
    5  LABOR ORGANIZATION.
    6    15.  "INTERMEDIARY"  MEANS  AN  INDIVIDUAL,  CORPORATION, PARTNERSHIP,
    7  POLITICAL COMMITTEE, LABOR ORGANIZATION, OR OTHER  ENTITY  WHICH,  OTHER
    8  THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY, OR MESSEN-
    9  GER  SERVICE, DELIVERS ANY CONTRIBUTION FROM ANOTHER PERSON OR ENTITY TO
   10  A CANDIDATE OR AN AUTHORIZED COMMITTEE.
   11    "INTERMEDIARY"  SHALL  NOT  INCLUDE  SPOUSES,  PARENTS,  CHILDREN,  OR
   12  SIBLINGS OF THE PERSON MAKING SUCH CONTRIBUTION.
   13    S  2.  Subdivision 1 of section 14-102 of the election law, as amended
   14  by chapter 8 and as redesignated by chapter 9 of the laws  of  1978,  is
   15  amended to read as follows:
   16    1.  The  treasurer of every political committee which, or any officer,
   17  member or agent of any  such  committee  who,  in  connection  with  any
   18  election,  receives  or  expends  any  money  or other valuable thing or
   19  incurs any liability to pay money or its equivalent  shall  file  state-
   20  ments  sworn,  or subscribed and bearing a form notice that false state-
   21  ments made therein are punishable as a class A misdemeanor  pursuant  to
   22  section  210.45 of the penal law, at the times prescribed by this [arti-
   23  cle] TITLE setting forth all the  receipts,  contributions  to  and  the
   24  expenditures  by  and liabilities of the committee, and of its officers,
   25  members and agents in its behalf.  Such  statements  shall  include  the
   26  dollar  amount  of  any  receipt,  contribution or transfer, or the fair
   27  market value of any receipt, contribution or transfer,  which  is  other
   28  than  of  money,  the  name  and address of the transferor, contributor,
   29  INTERMEDIARY, or person from  whom  received,  and  if  the  transferor,
   30  contributor,  INTERMEDIARY, or person is a political committee; the name
   31  of and the political unit represented by the committee, the date of  its
   32  receipt, the dollar amount of every expenditure, the name and address of
   33  the  person  to  whom  it was made or the name of and the political unit
   34  represented by the committee to which it was made and the date  thereof,
   35  and shall state clearly the purpose of such expenditure. AN INTERMEDIARY
   36  NEED  NOT  BE  REPORTED  FOR  A  CONTRIBUTION  THAT WAS COLLECTED FROM A
   37  CONTRIBUTOR IN CONNECTION WITH A PARTY OR OTHER CANDIDATE-RELATED  EVENT
   38  HELD  AT THE RESIDENCE OF THE PERSON DELIVERING THE CONTRIBUTION, UNLESS
   39  THE EXPENSES OF SUCH EVENT AT SUCH RESIDENCE FOR SUCH  CANDIDATE  EXCEED
   40  FIVE  HUNDRED  DOLLARS OR THE AGGREGATE CONTRIBUTIONS RECEIVED FROM THAT
   41  CONTRIBUTOR AT SUCH EVENT EXCEED FIVE  HUNDRED  DOLLARS.  Any  statement
   42  reporting  a  loan  shall  have attached to it a copy of the evidence of
   43  indebtedness. Expenditures in sums  under  fifty  dollars  need  not  be
   44  specifically  accounted  for  by  separate items in said statements, and
   45  receipts  and  contributions  aggregating  not  more  than   ninety-nine
   46  dollars, from any one contributor need not be specifically accounted for
   47  by  separate  items  in  said  statements,  provided  however, that such
   48  expenditures, receipts and contributions shall be subject to  the  other
   49  provisions of section 14-118 of this [article] TITLE.
   50    S  3.  Section  14-106 of the election law, as amended by section 2 of
   51  part E of chapter 399 of the  laws  of  2011,  is  amended  to  read  as
   52  follows:
   53    S 14-106. Political communication. The statements required to be filed
   54  under  the provisions of this article next succeeding a primary, general
   55  or special election shall be accompanied by a  copy  of  all  broadcast,
   56  cable  or  satellite  schedules  and  scripts, internet, print and other
       S. 6355--A                         34                         A. 8555--A
    1  types  of  advertisements,  pamphlets,  circulars,  flyers,   brochures,
    2  letterheads  and other printed matter purchased or produced, AND REPROD-
    3  UCTIONS OF STATEMENTS OR INFORMATION PUBLISHED TO ONE THOUSAND  OR  MORE
    4  MEMBERS  OF  A  GENERAL  PUBLIC AUDIENCE BY COMPUTER OR OTHER ELECTRONIC
    5  DEVICE INCLUDING BUT NOT LIMITED TO ELECTRONIC  MAIL  OR  TEXT  MESSAGE,
    6  purchased  in connection with such election by or under the authority of
    7  the person filing the statement or the committee or the person on  whose
    8  behalf  it  is  filed,  as  the  case may be. Such copies, schedules and
    9  scripts shall be preserved by the officer with whom or  the  board  with
   10  which  it is required to be filed for a period of one year from the date
   11  of filing thereof.
   12    S 4. The election law is amended by adding a  new  section  14-107  to
   13  read as follows:
   14    S  14-107.  INDEPENDENT EXPENDITURE REPORTING. 1. FOR PURPOSES OF THIS
   15  ARTICLE:
   16    (A) "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE  BY  A  PERSON
   17  FOR AN AUDIO OR VIDEO COMMUNICATION VIA BROADCAST, CABLE OR SATELLITE OR
   18  A WRITTEN COMMUNICATION TO A GENERAL PUBLIC AUDIENCE VIA ADVERTISEMENTS,
   19  PAMPHLETS,  CIRCULARS,  FLYERS,  BROCHURES, LETTERHEADS OR OTHER PRINTED
   20  MATTER AND STATEMENTS OR INFORMATION CONVEYED TO ONE  THOUSAND  OR  MORE
   21  MEMBERS  OF A GENERAL PUBLIC AUDIENCE WHICH: (I) UNAMBIGUOUSLY REFERS TO
   22  AND ADVOCATES FOR OR AGAINST A CLEARLY IDENTIFIED CANDIDATE OR EXPRESSLY
   23  ADVOCATES THE SUCCESS OR DEFEAT OF A  BALLOT  PROPOSAL,  AND  (II)  SUCH
   24  CANDIDATE, THE CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLI-
   25  TICAL  COMMITTEE  FORMED  TO  PROMOTE  THE SUCCESS OR DEFEAT OF A BALLOT
   26  PROPOSAL OR ITS AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST,  FOSTER  OR
   27  COOPERATE  IN  ANY  SUCH COMMUNICATION.   FOR THE PURPOSES OF THIS DEFI-
   28  NITION, A COMMUNICATION ADVOCATES FOR OR AGAINST A CANDIDATE WHEN IT (I)
   29  IRRESPECTIVE OF WHEN SUCH COMMUNICATION IS MADE, CONTAINS WORDS SUCH  AS
   30  "VOTE,"  "OPPOSE," "SUPPORT," "ELECT," "DEFEAT," OR "REJECT," WHICH CALL
   31  FOR THE ELECTION OR DEFEAT OF THE CLEARLY IDENTIFIED CANDIDATE, OR  (II)
   32  WITHIN ONE YEAR OF THE ELECTION BUT MORE THAN SIXTY DAYS BEFORE A GENER-
   33  AL  OR SPECIAL ELECTION FOR THE OFFICE SOUGHT BY THE CANDIDATE OR THIRTY
   34  DAYS BEFORE A PRIMARY ELECTION, COULD ONLY BE INTERPRETED BY  A  REASON-
   35  ABLE  PERSON  AS  ADVOCATING  FOR  THE ELECTION OR DEFEAT OF THE CLEARLY
   36  IDENTIFIED CANDIDATE IN SUCH ELECTION BASED UPON  UNEQUIVOCAL,  UNAMBIG-
   37  UOUS TERMS OF SUPPORT OR OPPOSITION, OR (III) WITHIN SIXTY DAYS PRIOR TO
   38  A  GENERAL OR SPECIAL ELECTION FOR THE OFFICE SOUGHT BY THE CANDIDATE OR
   39  THIRTY DAYS BEFORE A PRIMARY ELECTION, INCLUDES OR REFERENCES A  CLEARLY
   40  IDENTIFIED CANDIDATE.
   41    (B) INDEPENDENT EXPENDITURES DO NOT INCLUDE EXPENDITURES IN CONNECTION
   42  WITH:
   43    (I)  A  WRITTEN  NEWS STORY, COMMENTARY, OR EDITORIAL OR A NEWS STORY,
   44  COMMENTARY, OR EDITORIAL  DISTRIBUTED  THROUGH  THE  FACILITIES  OF  ANY
   45  BROADCASTING  STATION,  CABLE  OR  SATELLITE  UNLESS SUCH PUBLICATION OR
   46  FACILITIES ARE OWNED OR CONTROLLED BY  ANY  POLITICAL  PARTY,  POLITICAL
   47  COMMITTEE OR CANDIDATE; OR
   48    (II) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR
   49    (III)  INTERNAL COMMUNICATION BY MEMBERS TO OTHER MEMBERS OF A MEMBER-
   50  SHIP ORGANIZATION, FOR THE PURPOSE OF SUPPORTING OR OPPOSING A CANDIDATE
   51  OR CANDIDATES FOR ELECTIVE OFFICE, PROVIDED SUCH  EXPENDITURES  ARE  NOT
   52  USED  FOR  THE  COSTS  OF  CAMPAIGN  MATERIAL  OR COMMUNICATIONS USED IN
   53  CONNECTION WITH BROADCASTING,  TELECASTING,  NEWSPAPERS,  MAGAZINES,  OR
   54  OTHER  PERIODICAL  PUBLICATION,  BILLBOARDS, OR SIMILAR TYPES OF GENERAL
   55  PUBLIC COMMUNICATIONS; OR
       S. 6355--A                         35                         A. 8555--A
    1    (IV) A COMMUNICATION PUBLISHED ON THE INTERNET,  UNLESS  THE  COMMUNI-
    2  CATION IS A PAID ADVERTISEMENT.
    3    (C) FOR PURPOSES OF THIS SECTION, THE TERM "PERSON" SHALL MEAN PERSON,
    4  GROUP  OF  PERSONS,  CORPORATION,  UNINCORPORATED BUSINESS ENTITY, LABOR
    5  ORGANIZATION OR BUSINESS, TRADE OR PROFESSIONAL ASSOCIATION OR ORGANIZA-
    6  TION, OR POLITICAL COMMITTEE.
    7    2. WHENEVER ANY PERSON MAKES AN  INDEPENDENT  EXPENDITURE  THAT  COSTS
    8  MORE  THAN  ONE  THOUSAND  DOLLARS  IN THE AGGREGATE, SUCH COMMUNICATION
    9  SHALL CLEARLY STATE THE NAME OF THE PERSON WHO PAID  FOR,  OR  OTHERWISE
   10  PUBLISHED  OR  DISTRIBUTED  THE COMMUNICATION AND STATE, WITH RESPECT TO
   11  COMMUNICATIONS REGARDING CANDIDATES,  THAT  THE  COMMUNICATION  WAS  NOT
   12  EXPRESSLY  AUTHORIZED  OR  REQUESTED  BY ANY CANDIDATE, OR BY ANY CANDI-
   13  DATE'S POLITICAL COMMITTEE OR ANY OF ITS AGENTS.
   14    3. (A) ANY PERSON WHO MAKES ANY INDEPENDENT EXPENDITURE IN AN UPCOMING
   15  CALENDAR YEAR SHALL FIRST REGISTER WITH THE STATE BOARD OF ELECTIONS  AS
   16  A POLITICAL COMMITTEE IN CONFORMANCE WITH THIS ARTICLE.
   17    (B)  ANY  PERSON  WHO  IS REGISTERED PURSUANT TO PARAGRAPH (A) OF THIS
   18  SUBDIVISION SHALL REPORT  INDEPENDENT  EXPENDITURES  OVER  ONE  THOUSAND
   19  DOLLARS  TO  THE STATE BOARD OF ELECTIONS ON A STATEMENT IN THE FORM SET
   20  FORTH IN SUBDIVISION FOUR OF THIS SECTION AND AT TIMES SET FORTH IN THIS
   21  SUBDIVISION.
   22    (C) ANY CONTRIBUTION OVER ONE THOUSAND DOLLARS MADE TO ANY PERSON  WHO
   23  HAS  REGISTERED  WITH THE STATE BOARD OF ELECTIONS PURSUANT TO PARAGRAPH
   24  (A) OF THIS SUBDIVISION PRIOR TO THIRTY DAYS BEFORE ANY PRIMARY,  GENER-
   25  AL,  OR  SPECIAL ELECTION SHALL BE DISCLOSED BY SUCH PERSON TO THE STATE
   26  BOARD OF ELECTIONS ELECTRONICALLY WITHIN FORTY-EIGHT HOURS OF RECEIPT.
   27    (D) ANY CONTRIBUTION OVER ONE THOUSAND DOLLARS MADE TO ANY PERSON  WHO
   28  HAS  REGISTERED  WITH THE STATE BOARD OF ELECTIONS PURSUANT TO PARAGRAPH
   29  (A) OF THIS SUBDIVISION WITHIN THIRTY DAYS BEFORE ANY PRIMARY,  GENERAL,
   30  OR SPECIAL ELECTION SHALL BE DISCLOSED BY SUCH PERSON TO THE STATE BOARD
   31  OF ELECTIONS ELECTRONICALLY WITHIN TWENTY-FOUR HOURS OF RECEIPT.
   32    (E) A KNOWING AND WILLFUL VIOLATION OF THE PROVISIONS OF THIS SUBDIVI-
   33  SION  SHALL SUBJECT THE PERSON TO A CIVIL PENALTY EQUAL TO FIVE THOUSAND
   34  DOLLARS OR THE COST OF THE COMMUNICATION, WHICHEVER  IS  GREATER,  IN  A
   35  SPECIAL  PROCEEDING  OR  CIVIL  ACTION  BROUGHT  BY THE BOARD OR IMPOSED
   36  DIRECTLY BY THE BOARD OF ELECTIONS.
   37    4. EACH SUCH STATEMENT IN SUBDIVISION  THREE  OF  THIS  SECTION  SHALL
   38  INCLUDE, IN ADDITION TO ANY OTHER INFORMATION REQUIRED BY LAW:
   39    (A)  THE  NAME,  ADDRESS, OCCUPATION AND EMPLOYER OF THE PERSON MAKING
   40  THE STATEMENT;
   41    (B) THE NAME, ADDRESS, OCCUPATION AND EMPLOYER OF  THE  PERSON  MAKING
   42  THE INDEPENDENT EXPENDITURE;
   43    (C) THE NAME, ADDRESS, OCCUPATION AND EMPLOYER OF ANY PERSON PROVIDING
   44  A  CONTRIBUTION,  GIFT, LOAN, ADVANCE OR DEPOSIT OF ONE THOUSAND DOLLARS
   45  OR MORE FOR THE INDEPENDENT EXPENDITURE, OR THE  PROVISION  OF  SERVICES
   46  FOR THE SAME, AND THE DATE IT WAS GIVEN; PROVIDED, HOWEVER, THE NAME AND
   47  ADDRESS  OF  A  MEMBER  OF  A  LABOR  ORGANIZATION IS NOT REQUIRED FOR A
   48  CONTRIBUTION, GIFT, LOAN, ADVANCE OR DEPOSIT TO  A  LABOR  ORGANIZATION;
   49  AND  PROVIDED  FURTHER  THAT  THE  NAME  AND ADDRESS OF AN EMPLOYEE OF A
   50  CORPORATION, UNINCORPORATED BUSINESS ENTITY OR A MEMBER OF  A  BUSINESS,
   51  TRADE  OR PROFESSIONAL ASSOCIATION OR ORGANIZATION IS NOT REQUIRED FOR A
   52  CONTRIBUTION, GIFT, LOAN, ADVANCE OR DEPOSIT TO SUCH CORPORATION,  UNIN-
   53  CORPORATED  BUSINESS  ENTITY  OR BUSINESS, TRADE OR PROFESSIONAL ASSOCI-
   54  ATION OR ORGANIZATION RESPECTIVELY;
       S. 6355--A                         36                         A. 8555--A
    1    (D) THE DOLLAR AMOUNT PAID FOR EACH INDEPENDENT EXPENDITURE, THE  NAME
    2  AND  ADDRESS OF THE PERSON OR ENTITY RECEIVING THE PAYMENT, THE DATE THE
    3  PAYMENT WAS MADE AND A DESCRIPTION OF THE INDEPENDENT EXPENDITURE; AND
    4    (E) THE ELECTION TO WHICH THE INDEPENDENT EXPENDITURE PERTAINS AND THE
    5  NAME  OF  THE CLEARLY IDENTIFIED CANDIDATE OR THE BALLOT PROPOSAL REFER-
    6  ENCED.
    7    5. A COPY OF ALL POLITICAL COMMUNICATIONS PAID FOR BY THE  INDEPENDENT
    8  EXPENDITURE,  INCLUDING BUT NOT LIMITED TO BROADCAST, CABLE OR SATELLITE
    9  SCHEDULES AND SCRIPTS,  ADVERTISEMENTS,  PAMPHLETS,  CIRCULARS,  FLYERS,
   10  BROCHURES, LETTERHEADS AND OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
   11  MATION  CONVEYED  TO  ONE  THOUSAND  OR MORE MEMBERS OF A GENERAL PUBLIC
   12  AUDIENCE BY COMPUTER OR OTHER ELECTRONIC DEVICES SHALL BE FILED WITH THE
   13  STATE BOARD OF ELECTIONS WITH THE STATEMENTS REQUIRED BY THIS SECTION.
   14    6. EVERY STATEMENT REQUIRED TO BE FILED PURSUANT TO THIS SECTION SHALL
   15  BE FILED ELECTRONICALLY WITH THE STATE BOARD OF ELECTIONS.
   16    7. THE STATE BOARD OF  ELECTIONS  SHALL  PROMULGATE  REGULATIONS  WITH
   17  RESPECT TO THE STATEMENTS REQUIRED TO BE FILED BY THIS SECTION AND SHALL
   18  PROVIDE FORMS SUITABLE FOR SUCH STATEMENTS.
   19    S  5.  Subdivision 3 of section 14-124 of the election law, as amended
   20  by chapter 71 of the laws of 1988, is amended to read as follows:
   21    3. The contribution and receipt limits of this article shall not apply
   22  to monies received and expenditures made by a party committee or consti-
   23  tuted committee to maintain a permanent headquarters and staff and carry
   24  on ordinary activities which are not for the express purpose of  promot-
   25  ing the candidacy of specific candidates, EXCEPT THAT CONTRIBUTIONS MADE
   26  FOR  SUCH ACTIVITIES TO A PARTY COMMITTEE OR CONSTITUTED COMMITTEE SHALL
   27  BE LIMITED TO TWENTY-FIVE THOUSAND DOLLARS IN THE  AGGREGATE  FROM  EACH
   28  CONTRIBUTOR IN EACH YEAR.
   29    S  6.  Section  14-126 of the election law, as amended by section 3 of
   30  part E of chapter 399 of the  laws  of  2011,  is  amended  to  read  as
   31  follows:
   32    S 14-126. Violations; penalties. 1. (A) Any person who fails to file a
   33  statement  required  to  be  filed by this article shall be subject to a
   34  civil penalty, not in excess of one thousand dollars, to be  recoverable
   35  in  a  special  proceeding  or  civil action to be brought by the [state
   36  board of elections or other board of elections] CHIEF ENFORCEMENT  COUN-
   37  SEL  PURSUANT  TO THIS CHAPTER OR IMPOSED DIRECTLY BY THE STATE BOARD OF
   38  ELECTIONS.  Any person who, three or more times within a given  election
   39  cycle  for  such term of office, fails to file a statement or statements
   40  required to be filed by this article, shall be subject to a civil penal-
   41  ty, not in excess of ten thousand dollars, to be recoverable as provided
   42  for in this subdivision.
   43    (B) FINES AUTHORIZED TO BE IMPOSED DIRECTLY  BY  THE  STATE  BOARD  OF
   44  ELECTIONS  SHALL  BE  AFTER  A  HEARING  AT  WHICH THE SUBJECT PERSON OR
   45  AUTHORIZED COMMITTEE SHALL BE GIVEN THE OPPORTUNITY TO  BE  HEARD.  SUCH
   46  HEARING  SHALL  BE  HELD  IN  SUCH MANNER AND UPON SUCH NOTICE AS MAY BE
   47  PRESCRIBED BY THE RULES OF THE STATE BOARD OF ELECTIONS. FOR PURPOSES OF
   48  CONDUCTING SUCH HEARINGS, THE STATE BOARD OF ELECTIONS SHALL  BE  DEEMED
   49  TO  BE AN AGENCY WITHIN THE MEANING OF ARTICLE THREE OF THE STATE ADMIN-
   50  ISTRATIVE PROCEDURE ACT AND SHALL ADOPT RULES GOVERNING THE  CONDUCT  OF
   51  ADJUDICATORY  PROCEEDINGS  AND  APPEALS  TAKEN  PURSUANT TO A PROCEEDING
   52  COMMENCED UNDER ARTICLE SEVENTY-EIGHT OF  THE  CIVIL  PRACTICE  LAW  AND
   53  RULES  RELATING  TO  THE ASSESSMENT OF THE CIVIL PENALTIES AUTHORIZED IN
   54  THIS SECTION.
   55    (C) ALL PAYMENTS RECEIVED BY THE STATE BOARD OF ELECTIONS PURSUANT  TO
   56  THIS SECTION SHALL BE RETAINED IN THE APPROPRIATE ACCOUNTS AS DESIGNATED
       S. 6355--A                         37                         A. 8555--A
    1  BY THE DIVISION OF THE BUDGET FOR ENFORCEMENT ACTIVITIES BY THE BOARD OF
    2  ELECTIONS.
    3    2.  Any person who, acting as or on behalf of a candidate or political
    4  committee, under circumstances evincing an intent to violate  such  law,
    5  unlawfully accepts a contribution in excess of a contribution limitation
    6  established  in  this  article,  shall be required to refund such excess
    7  amount and shall be subject to a  civil  penalty  equal  to  the  excess
    8  amount plus a fine of up to ten thousand dollars, to be recoverable in a
    9  special  proceeding  or civil action to be brought by the state board of
   10  elections CHIEF ENFORCEMENT COUNSEL OR IMPOSED  DIRECTLY  BY  THE  STATE
   11  BOARD OF ELECTIONS.
   12    3.  ANY  PERSON  WHO FALSELY IDENTIFIES OR FAILS TO IDENTIFY ANY INDE-
   13  PENDENT EXPENDITURE AS REQUIRED BY SUBDIVISION TWO OF SECTION 14-107  OF
   14  THIS  ARTICLE  SHALL BE SUBJECT TO A CIVIL PENALTY EQUAL TO ONE THOUSAND
   15  DOLLARS OR THE COST OF THE COMMUNICATION, WHICHEVER  IS  GREATER,  IN  A
   16  SPECIAL  PROCEEDING  OR  CIVIL  ACTION  BROUGHT  BY  THE  STATE BOARD OF
   17  ELECTIONS CHIEF ENFORCEMENT COUNSEL OR IMPOSED  DIRECTLY  BY  THE  STATE
   18  BOARD OF ELECTIONS.  FOR PURPOSES OF THIS SUBDIVISION, THE TERM "PERSON"
   19  SHALL MEAN A PERSON, GROUP OF PERSONS, CORPORATION, UNINCORPORATED BUSI-
   20  NESS ENTITY, LABOR ORGANIZATION OR BUSINESS, TRADE OR PROFESSIONAL ASSO-
   21  CIATION OR ORGANIZATION OR POLITICAL COMMITTEE.
   22    4.  Any  person  who knowingly and willfully fails to file a statement
   23  required to be filed by this article within  ten  days  after  the  date
   24  provided for filing such statement or any person who knowingly and will-
   25  fully  violates any other provision of this article shall be guilty of a
   26  misdemeanor.
   27    [4.] 5. Any person who knowingly and willfully contributes, accepts or
   28  aids or participates in the acceptance of a contribution  in  an  amount
   29  exceeding an applicable maximum specified in this article shall be guil-
   30  ty of a CLASS A misdemeanor.
   31    [5.] 6. Any person who shall, acting on behalf of a candidate or poli-
   32  tical committee, knowingly and willfully solicit, organize or coordinate
   33  the formation of activities of one or more unauthorized committees, make
   34  expenditures  in connection with the nomination for election or election
   35  of any candidate, or solicit any person to make any  such  expenditures,
   36  for the purpose of evading the contribution limitations of this article,
   37  shall be guilty of a class E felony.
   38    S 7. This act shall take effect June 1, 2014.
   39                                  SUBPART D
   40    Section  1.  The  article heading of article 14 of the election law is
   41  amended to read as follows:
   42    [Campaign Receipts and Expenditures] CAMPAIGN  RECEIPTS  AND  EXPENDI-
   43  TURES; PUBLIC FINANCING
   44    S  2. Sections 14-100 through 14-130 of article 14 of the election law
   45  are designated title I and a new title  heading  is  added  to  read  as
   46  follows:
   47                     CAMPAIGN RECEIPTS AND EXPENDITURES
   48    S  3.  Section  14-100  of the election law is amended by adding a new
   49  subdivision 16 to read as follows:
   50    16. "AUTHORIZED COMMITTEE" MEANS THE SINGLE POLITICAL COMMITTEE DESIG-
   51  NATED BY A CANDIDATE TO RECEIVE ALL  CONTRIBUTIONS  AUTHORIZED  BY  THIS
   52  TITLE.
   53    S  3-a.  Section  3-104 of the election law is amended by adding a new
   54  subdivision 6 to read as follows:
       S. 6355--A                         38                         A. 8555--A
    1    6. THERE SHALL BE A UNIT KNOWN AS THE STATE BOARD OF ELECTIONS  PUBLIC
    2  FINANCING  UNIT  ESTABLISHED  WITHIN THE STATE BOARD OF ELECTIONS, WHICH
    3  SHALL BE  RESPONSIBLE  FOR  ADMINISTERING  AND,  WITH  THE  DIVISION  OF
    4  ELECTION  LAW  ENFORCEMENT,  ENFORCING  THE  REQUIREMENTS  OF THE PUBLIC
    5  FINANCING  SYSTEM  SET  FORTH  IN  TITLE TWO OF ARTICLE FOURTEEN OF THIS
    6  CHAPTER.
    7    S 3-b. Subdivision 2 of section 14-108 of the election law, as amended
    8  by chapter 109 of the laws of 1997, is amended to read as follows:
    9    2. Each statement shall cover the  period  up  to  and  including  the
   10  fourth  day  next  preceding  the day specified for the filing thereof[;
   11  provided, however, that]. THE RECEIPT OF ANY  CONTRIBUTION  OR  LOAN  IN
   12  EXCESS  OF  ONE  THOUSAND  DOLLARS SHALL BE DISCLOSED WITHIN FORTY-EIGHT
   13  HOURS OF RECEIPT, AND SHALL BE REPORTED IN THE SAME MANNER AS ANY  OTHER
   14  CONTRIBUTION  OR  LOAN  ON  THE  NEXT APPLICABLE STATEMENT. HOWEVER, any
   15  contribution or loan in excess of  one  thousand  dollars,  if  received
   16  after  the close of the period to be covered in the last statement filed
   17  before  any  primary,  general  or  special  election  but  before  such
   18  election,  shall be reported, in the same manner as other contributions,
   19  within twenty-four hours after receipt.
   20    S 4. Subdivisions 1 and 10 of section  14-114  of  the  election  law,
   21  subdivision  1  as  amended and subdivision 10 as added by chapter 79 of
   22  the laws of 1992 and paragraphs a and b of subdivision 1 as  amended  by
   23  chapter 659 of the laws of 1994, are amended to read as follows:
   24    1.  The following limitations apply to all contributions to candidates
   25  for election to any public office or for nomination for any such office,
   26  or for election to any party positions,  and  to  all  contributions  to
   27  political  committees  working directly or indirectly with any candidate
   28  to aid or participate in such candidate's nomination or election,  other
   29  than any contributions to any party committee or constituted committee:
   30    a. In any election for a public office to be voted on by the voters of
   31  the  entire  state, or for nomination to any such office, no contributor
   32  may make a contribution to any candidate or political committee  PARTIC-
   33  IPATING  IN  THE  STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM AS DEFINED IN
   34  TITLE TWO OF THIS ARTICLE, and no SUCH candidate or political  committee
   35  may accept any contribution from any contributor, which is in the aggre-
   36  gate  amount  greater than:  (i) in the case of any nomination to public
   37  office, the product of the total number of enrolled voters in the candi-
   38  date's party in the state, excluding voters in inactive  status,  multi-
   39  plied  by  $.005,  but such amount shall be not [less than four thousand
   40  dollars nor] more than [twelve] SIX thousand dollars  [as  increased  or
   41  decreased  by  the cost of living adjustment described in paragraph c of
   42  this subdivision,] and (ii) in the case of  any  election  to  [a]  SUCH
   43  public  office,  [twenty-five]  SIX  thousand  dollars  [as increased or
   44  decreased by the cost of living adjustment described in paragraph  c  of
   45  this  subdivision];  provided however, that the maximum amount which may
   46  be so contributed or accepted, in the aggregate,  from  any  candidate's
   47  child,  parent,  grandparent,  brother and sister, and the spouse of any
   48  such persons, shall not exceed in the case of any nomination  to  public
   49  office  an  amount  equivalent  to the product of the number of enrolled
   50  voters in the candidate's party in the state, excluding voters in  inac-
   51  tive  status, multiplied by $.025, and in the case of any election for a
   52  public office, an amount equivalent to the  product  of  the  number  of
   53  registered  voters  in  the  state  excluding voters in inactive status,
   54  multiplied by $.025.
   55    b. In any other election for party  position  or  for  election  to  a
   56  public  office or for nomination for any such office, no contributor may
       S. 6355--A                         39                         A. 8555--A
    1  make a contribution to any candidate or political committee  PARTICIPAT-
    2  ING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM DEFINED IN TITLE TWO
    3  OF  THIS ARTICLE (FOR THOSE OFFICES OR POSITIONS COVERED BY THAT SYSTEM)
    4  and no SUCH candidate or political committee may accept any contribution
    5  from any contributor, which is in the aggregate amount greater than: (i)
    6  in  the  case  of  any election for party position, or for nomination to
    7  public office, the product of the total number of enrolled voters in the
    8  candidate's party in the district in which he is a candidate,  excluding
    9  voters  in  inactive status, multiplied by $.05, and (ii) in the case of
   10  any election for a public office, the product of  the  total  number  of
   11  registered  voters in the district, excluding voters in inactive status,
   12  multiplied by $.05, however in the case of a nomination within the  city
   13  of  New  York  for  the office of mayor, public advocate or comptroller,
   14  such amount shall be not less than four thousand dollars nor  more  than
   15  twelve  thousand dollars as increased or decreased by the cost of living
   16  adjustment described in paragraph [c] E of this subdivision; in the case
   17  of an election within the city of New York  for  the  office  of  mayor,
   18  public   advocate   or  comptroller,  twenty-five  thousand  dollars  as
   19  increased or decreased by the cost of  living  adjustment  described  in
   20  paragraph  [c]  E  of  this  subdivision; in the case of a nomination OR
   21  ELECTION for state senator,  four  thousand  dollars  [as  increased  or
   22  decreased  by  the cost of living adjustment described in paragraph c of
   23  this subdivision; in the case of an  election  for  state  senator,  six
   24  thousand two hundred fifty dollars as increased or decreased by the cost
   25  of  living  adjustment described in paragraph c of this subdivision]; in
   26  the case of an election or nomination for  a  member  of  the  assembly,
   27  [twenty-five hundred] TWO THOUSAND dollars [as increased or decreased by
   28  the  cost of living adjustment described in paragraph c of this subdivi-
   29  sion; but in no event shall  any  such  maximum  exceed  fifty  thousand
   30  dollars  or  be  less than one thousand dollars]; provided however, that
   31  the maximum amount which may be  so  contributed  or  accepted,  in  the
   32  aggregate,  from any candidate's child, parent, grandparent, brother and
   33  sister, and the spouse of any such persons, shall not exceed in the case
   34  of any election for party position or nomination for  public  office  an
   35  amount  equivalent  to  the number of enrolled voters in the candidate's
   36  party in the district in which he is a candidate,  excluding  voters  in
   37  inactive  status,  multiplied by $.25 and in the case of any election to
   38  public office, an amount equivalent to the number of  registered  voters
   39  in  the  district,  excluding  voters  in inactive status, multiplied by
   40  $.25; or twelve hundred fifty dollars, whichever is greater, or  in  the
   41  case  of  a  nomination  or election of a state senator, twenty thousand
   42  dollars, whichever is greater,  or  in  the  case  of  a  nomination  or
   43  election  of  a  member  of  the  assembly  twelve thousand five hundred
   44  dollars, whichever is greater, but in no event shall  any  such  maximum
   45  exceed one hundred thousand dollars.
   46    C.    IN ANY ELECTION FOR A PUBLIC OFFICE TO BE VOTED ON BY THE VOTERS
   47  OF THE ENTIRE STATE, OR FOR NOMINATION TO ANY SUCH OFFICE, NO  CONTRIBU-
   48  TOR  MAY  MAKE A CONTRIBUTION TO ANY CANDIDATE OR POLITICAL COMMITTEE IN
   49  CONNECTION WITH A CANDIDATE WHO IS  NOT  A  PARTICIPATING  CANDIDATE  AS
   50  DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE, AND
   51  NO  SUCH  CANDIDATE  OR  POLITICAL COMMITTEE MAY ACCEPT ANY CONTRIBUTION
   52  FROM ANY CONTRIBUTOR, WHICH IS IN THE  AGGREGATE  AMOUNT  GREATER  THAN:
   53  (I)  IN  THE CASE OF ANY NOMINATION TO PUBLIC OFFICE, THE PRODUCT OF THE
   54  TOTAL NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN  THE  STATE,
   55  EXCLUDING  VOTERS  IN  INACTIVE  STATUS,  MULTIPLIED  BY $.005, BUT SUCH
   56  AMOUNT SHALL BE NOT LESS THAN FOUR THOUSAND DOLLARS NOR  MORE  THAN  TEN
       S. 6355--A                         40                         A. 8555--A
    1  THOUSAND  DOLLARS,  AND  (II)  IN  THE  CASE OF ANY ELECTION TO A PUBLIC
    2  OFFICE, FIFTEEN THOUSAND DOLLARS; PROVIDED  HOWEVER,  THAT  THE  MAXIMUM
    3  AMOUNT  WHICH  MAY BE SO CONTRIBUTED OR ACCEPTED, IN THE AGGREGATE, FROM
    4  ANY  CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER AND SISTER, AND THE
    5  SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED IN THE CASE  OF  ANY  NOMI-
    6  NATION  TO  PUBLIC  OFFICE  AN  AMOUNT  EQUIVALENT TO THE PRODUCT OF THE
    7  NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN THE STATE, EXCLUD-
    8  ING VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.025, AND IN THE  CASE  OF
    9  ANY ELECTION FOR A PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE PRODUCT OF
   10  THE  NUMBER  OF REGISTERED VOTERS IN THE STATE EXCLUDING VOTERS IN INAC-
   11  TIVE STATUS, MULTIPLIED BY $.025.
   12    D. IN ANY OTHER ELECTION FOR PARTY  POSITION  OR  FOR  ELECTION  TO  A
   13  PUBLIC  OFFICE OR FOR NOMINATION FOR ANY SUCH OFFICE, NO CONTRIBUTOR MAY
   14  MAKE  A  CONTRIBUTION  TO  ANY  CANDIDATE  OR  POLITICAL  COMMITTEE   IN
   15  CONNECTION  WITH  A  CANDIDATE  WHO  IS NOT A PARTICIPATING CANDIDATE AS
   16  DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE  AND
   17  NO  SUCH  CANDIDATE  OR  POLITICAL COMMITTEE MAY ACCEPT ANY CONTRIBUTION
   18  FROM ANY CONTRIBUTOR, WHICH IS IN THE AGGREGATE AMOUNT GREATER THAN: (I)
   19  IN THE CASE OF ANY ELECTION FOR PARTY POSITION,  OR  FOR  NOMINATION  TO
   20  PUBLIC OFFICE, THE PRODUCT OF THE TOTAL NUMBER OF ENROLLED VOTERS IN THE
   21  CANDIDATE'S  PARTY IN THE DISTRICT IN WHICH HE IS A CANDIDATE, EXCLUDING
   22  VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.05, AND (II) IN THE  CASE  OF
   23  ANY  ELECTION  FOR  A  PUBLIC OFFICE, THE PRODUCT OF THE TOTAL NUMBER OF
   24  REGISTERED VOTERS IN THE DISTRICT, EXCLUDING VOTERS IN INACTIVE  STATUS,
   25  MULTIPLIED  BY $.05, HOWEVER IN THE CASE OF A NOMINATION WITHIN THE CITY
   26  OF NEW YORK FOR THE OFFICE OF MAYOR,  PUBLIC  ADVOCATE  OR  COMPTROLLER,
   27  SUCH  AMOUNT  SHALL BE NOT LESS THAN FOUR THOUSAND DOLLARS NOR MORE THAN
   28  TWELVE THOUSAND DOLLARS AS INCREASED OR DECREASED BY THE COST OF  LIVING
   29  ADJUSTMENT  DESCRIBED IN PARAGRAPH E OF THIS SUBDIVISION; IN THE CASE OF
   30  AN ELECTION WITHIN THE CITY OF NEW YORK FOR THE OFFICE OF MAYOR,  PUBLIC
   31  ADVOCATE  OR  COMPTROLLER,  TWENTY-FIVE THOUSAND DOLLARS AS INCREASED OR
   32  DECREASED BY THE COST OF LIVING ADJUSTMENT DESCRIBED IN PARAGRAPH  E  OF
   33  THIS  SUBDIVISION;  IN  THE  CASE  OF A NOMINATION OR ELECTION FOR STATE
   34  SENATOR, FIVE THOUSAND DOLLARS; IN THE CASE OF AN ELECTION OR NOMINATION
   35  FOR A MEMBER OF THE ASSEMBLY, THREE THOUSAND DOLLARS; PROVIDED  HOWEVER,
   36  THAT  THE MAXIMUM AMOUNT WHICH MAY BE SO CONTRIBUTED OR ACCEPTED, IN THE
   37  AGGREGATE, FROM ANY CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER  AND
   38  SISTER, AND THE SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED IN THE CASE
   39  OF  ANY  ELECTION  FOR PARTY POSITION OR NOMINATION FOR PUBLIC OFFICE AN
   40  AMOUNT EQUIVALENT TO THE NUMBER OF ENROLLED VOTERS  IN  THE  CANDIDATE'S
   41  PARTY  IN  THE  DISTRICT IN WHICH HE IS A CANDIDATE, EXCLUDING VOTERS IN
   42  INACTIVE STATUS, MULTIPLIED BY $.25 AND IN THE CASE OF ANY  ELECTION  TO
   43  PUBLIC  OFFICE,  AN AMOUNT EQUIVALENT TO THE NUMBER OF REGISTERED VOTERS
   44  IN THE DISTRICT, EXCLUDING VOTERS  IN  INACTIVE  STATUS,  MULTIPLIED  BY
   45  $.25;  OR  TWELVE HUNDRED FIFTY DOLLARS, WHICHEVER IS GREATER, OR IN THE
   46  CASE OF A NOMINATION OR ELECTION OF A  STATE  SENATOR,  TWENTY  THOUSAND
   47  DOLLARS,  WHICHEVER  IS  GREATER,  OR  IN  THE  CASE  OF A NOMINATION OR
   48  ELECTION OF A MEMBER  OF  THE  ASSEMBLY  TWELVE  THOUSAND  FIVE  HUNDRED
   49  DOLLARS,  WHICHEVER  IS  GREATER, BUT IN NO EVENT SHALL ANY SUCH MAXIMUM
   50  EXCEED ONE HUNDRED THOUSAND DOLLARS.
   51    E. At the beginning of each fourth calendar year, commencing in [nine-
   52  teen hundred ninety-five] TWO THOUSAND TWENTY-ONE, the state board shall
   53  determine the percentage of  the  difference  between  the  most  recent
   54  available monthly consumer price index for all urban consumers published
   55  by  the United States bureau of labor statistics and such consumer price
   56  index published for the same month four years previously. The amount  of
       S. 6355--A                         41                         A. 8555--A
    1  each contribution limit fixed AND EXPRESSLY IDENTIFIED FOR ADJUSTMENT in
    2  this  subdivision  shall  be  adjusted  by the amount of such percentage
    3  difference to the closest one hundred dollars by the state board  which,
    4  not  later than the first day of February in each such year, shall issue
    5  a regulation publishing the amount of each such contribution limit. Each
    6  contribution limit as so adjusted shall be  the  contribution  limit  in
    7  effect for any election held before the next such adjustment.
    8    F.  EACH  PARTY  OR CONSTITUTED COMMITTEE MAY TRANSFER TO, OR SPEND TO
    9  ELECT OR OPPOSE A CANDIDATE, OR TRANSFER TO ANOTHER PARTY OR CONSTITUTED
   10  COMMITTEE, NO MORE THAN FIVE THOUSAND DOLLARS PER ELECTION, EXCEPT  THAT
   11  SUCH COMMITTEE MAY IN ADDITION TO SUCH TRANSFERS OR EXPENDITURES:
   12    (I) IN A GENERAL OR SPECIAL ELECTION TRANSFER TO, OR SPEND TO ELECT OR
   13  OPPOSE A CANDIDATE, NO MORE THAN FIVE HUNDRED DOLLARS RECEIVED FROM EACH
   14  CONTRIBUTOR; AND
   15    (II)  IN  ANY  ELECTION  SPEND  WITHOUT  LIMITATION  FOR NON-CANDIDATE
   16  EXPENDITURES NOT DESIGNED OR INTENDED TO ELECT A PARTICULAR CANDIDATE OR
   17  CANDIDATES.
   18    G. NOTWITHSTANDING ANY  OTHER  CONTRIBUTION  LIMIT  IN  THIS  SECTION,
   19  PARTICIPATING  CANDIDATES  AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION
   20  14-200-A OF THIS ARTICLE MAY CONTRIBUTE, OUT OF THEIR OWN  MONEY,  THREE
   21  TIMES  THE APPLICABLE CONTRIBUTION LIMIT TO THEIR OWN AUTHORIZED COMMIT-
   22  TEE.
   23    10. [a.] No contributor may make a contribution to a party or  consti-
   24  tuted committee and no such committee may accept a contribution from any
   25  contributor which, in the aggregate, is greater than [sixty-two thousand
   26  five hundred] TWENTY-FIVE THOUSAND dollars per annum.
   27    [b. At the beginning of each fourth calendar year, commencing in nine-
   28  teen hundred ninety-five, the state board shall determine the percentage
   29  of  the  difference  between  the most recent available monthly consumer
   30  price index for all urban  consumers  published  by  the  United  States
   31  bureau  of  labor statistics and such consumer price index published for
   32  the same month four years previously. The amount  of  such  contribution
   33  limit  fixed in paragraph a of this subdivision shall be adjusted by the
   34  amount of such percentage difference to the closest one hundred  dollars
   35  by  the  state  board which, not later than the first day of February in
   36  each such year, shall issue a regulation publishing the amount  of  such
   37  contribution  limit. Such contribution limit as so adjusted shall be the
   38  contribution limit in effect for any election held before the next  such
   39  adjustment.]
   40    S 5. Section 14-116 of the election law, subdivision 1 as redesignated
   41  by chapter 9 of the laws of 1978 and subdivision 2 as amended by chapter
   42  260 of the laws of 1981, is amended to read as follows:
   43    S  14-116.  Political  contributions  by  certain organizations. 1. No
   44  corporation, LIMITED LIABILITY COMPANY, or joint-stock association doing
   45  business in this state, except a corporation or association organized or
   46  maintained for political purposes only, shall directly or indirectly pay
   47  or use or offer, consent or agree to pay or use any  money  or  property
   48  for or in aid of any political party, committee or organization, or for,
   49  or in aid of, any corporation, LIMITED LIABILITY COMPANY, joint-stock or
   50  other  association  organized  or  maintained for political purposes, or
   51  for, or in aid of, any candidate for political office or for  nomination
   52  for  such  office,  or  for  any  political purpose whatever, or for the
   53  reimbursement or indemnification of any person for moneys or property so
   54  used. Any officer, director, stock-holder,  attorney  or  agent  of  any
   55  corporation, LIMITED LIABILITY COMPANY, or joint-stock association which
   56  violates  any  of  the  provisions of this section, who participates in,
       S. 6355--A                         42                         A. 8555--A
    1  aids, abets or advises or consents  to  any  such  violations,  and  any
    2  person  who  solicits  or  knowingly  receives  any money or property in
    3  violation of this section, shall be guilty of a misdemeanor.
    4    2.  Notwithstanding the provisions of subdivision one of this section,
    5  any corporation or an organization financially supported in whole or  in
    6  part,  by  such  corporation  may  make expenditures, including contrib-
    7  utions, not otherwise prohibited by law, for political purposes,  in  an
    8  amount not to exceed [five] ONE thousand dollars in the aggregate in any
    9  calendar  year;  provided  that  no  public  utility  shall use revenues
   10  received from the rendition of  public  service  within  the  state  for
   11  contributions  for political purposes unless such cost is charged to the
   12  shareholders of such a public service corporation.
   13    S 6. Section 14-130 of the election law, as added by  chapter  152  of
   14  the laws of 1985, is amended to read as follows:
   15    S  14-130. Campaign funds for personal use.  1. Contributions received
   16  by a candidate or a political committee may be expended for  any  lawful
   17  purpose THAT IS DIRECTLY RELATED TO PROMOTING THE NOMINATION OR ELECTION
   18  OF A CANDIDATE OR THE EXECUTION OF DUTIES ASSOCIATED WITH THE HOLDING OF
   19  A PUBLIC OFFICE OR PARTY POSITION.  Such funds shall not be converted by
   20  any person to a personal use [which is unrelated to a political campaign
   21  or the holding of a public office or party position].
   22    2.  NO CONTRIBUTION SHALL BE USED TO PAY INTEREST OR ANY OTHER FINANCE
   23  CHARGES UPON MONIES LOANED TO THE CAMPAIGN  BY  SUCH  CANDIDATE  OR  THE
   24  SPOUSE OF SUCH CANDIDATE.
   25    3.  (A)  AS  USED IN THIS SECTION, EXPENDITURES FOR "PERSONAL USE" ARE
   26  DEFINED AS EXPENDITURES THAT ARE EXCLUSIVELY FOR THE PERSONAL BENEFIT OF
   27  THE CANDIDATE OR ANY OTHER INDIVIDUAL,  AND  ARE  USED  TO  FULFILL  ANY
   28  COMMITMENT,  OBLIGATION,  OR  EXPENSE OF A PERSON THAT WOULD EXIST IRRE-
   29  SPECTIVE OF THE CANDIDATE'S ELECTION CAMPAIGN OR THE  EXECUTION  OF  THE
   30  DUTIES  OF PUBLIC OFFICE OR THE EXECUTION OF THE DUTIES OF A PARTY OFFI-
   31  CIAL.
   32    (B) EXPENDITURES FOR PERSONAL USE SHALL INCLUDE, BUT ARE  NOT  LIMITED
   33  TO, EXPENSES FOR THE FOLLOWING:
   34    (I)  ANY  RESIDENTIAL  OR  HOUSEHOLD  ITEMS, SUPPLIES OR EXPENDITURES,
   35  INCLUDING MORTGAGE, RENT  OR  UTILITY  PAYMENTS  FOR  ANY  PART  OF  ANY
   36  PERSONAL  RESIDENCE  OF  A  CANDIDATE OR OFFICEHOLDER OR A MEMBER OF THE
   37  CANDIDATE'S OR OFFICEHOLDER'S FAMILY THAT ARE NOT INCURRED AS  A  RESULT
   38  OF, OR TO FACILITATE, THE INDIVIDUAL'S CAMPAIGN, OR THE EXECUTION OF HIS
   39  OR HER PUBLIC DUTIES. IN THE EVENT THAT ANY PROPERTY OR BUILDING IS USED
   40  FOR  BOTH  PERSONAL  AND  CAMPAIGN  USE,  PERSONAL  USE SHALL CONSTITUTE
   41  EXPENSES THAT EXCEED THE PRO-RATED AMOUNT FOR  SUCH  EXPENSES  BASED  ON
   42  FAIR-MARKET VALUE.
   43    (II)  MORTGAGE,  RENT,  OR  UTILITY  PAYMENTS FOR ANY PART OF ANY NON-
   44  RESIDENTIAL PROPERTY THAT IS OWNED BY A CANDIDATE OR OFFICEHOLDER  OR  A
   45  MEMBER  OF  A CANDIDATE'S OR OFFICEHOLDER'S FAMILY AND USED FOR CAMPAIGN
   46  PURPOSES, TO THE EXTENT THE PAYMENTS EXCEED THE FAIR MARKET VALUE OF THE
   47  PROPERTY'S USAGE FOR CAMPAIGN ACTIVITIES;
   48    (III) CLOTHING, OTHER THAN ITEMS THAT ARE USED IN THE CAMPAIGN;
   49    (IV) TUITION PAYMENTS;
   50    (V) CHILDCARE COSTS;
   51    (VI) DUES, FEES, OR GRATUITIES AT A COUNTRY CLUB, HEALTH CLUB,  RECRE-
   52  ATIONAL  FACILITY  OR  OTHER  NONPOLITICAL ORGANIZATION, UNLESS THEY ARE
   53  PART OF A SPECIFIC FUNDRAISING EVENT THAT TAKES PLACE ON  THE  ORGANIZA-
   54  TION'S PREMISES;
       S. 6355--A                         43                         A. 8555--A
    1    (VII)  SALARY  PAYMENTS  OR  OTHER COMPENSATION PROVIDED TO ANY PERSON
    2  WHOSE SERVICES ARE NOT SOLELY  FOR  CAMPAIGN  PURPOSES  OR  PROVIDED  IN
    3  CONNECTION WITH THE EXECUTION OF THE DUTIES OF PUBLIC OFFICE;
    4    (VIII) SALARY PAYMENTS OR OTHER COMPENSATION PROVIDED TO A MEMBER OF A
    5  CANDIDATE'S  FAMILY,  UNLESS  THE  FAMILY  MEMBER IS PROVIDING BONA FIDE
    6  SERVICES TO THE CAMPAIGN. IF A FAMILY MEMBER PROVIDES BONA FIDE SERVICES
    7  TO A CAMPAIGN, ANY SALARY PAYMENTS OR OTHER COMPENSATION  IN  EXCESS  OF
    8  THE  FAIR  MARKET  VALUE  OF  THE  SERVICES PROVIDED SHALL BE CONSIDERED
    9  PAYMENTS FOR PERSONAL USE;
   10    (IX) ADMISSION TO A SPORTING EVENT, CONCERT, THEATER, OR OTHER FORM OF
   11  ENTERTAINMENT, UNLESS SUCH EVENT IS PART OF A CAMPAIGN  OR  OFFICEHOLDER
   12  ACTIVITY;
   13    (X)  PAYMENT OF ANY FINES OR PENALTIES ASSESSED PURSUANT TO THIS CHAP-
   14  TER OR IN CONNECTION WITH A CRIMINAL CONVICTION OR BY THE JOINT  COMMIS-
   15  SION FOR PUBLIC ETHICS OR THE LEGISLATIVE ETHICS COMMISSION;
   16    (XI)  TRAVEL EXPENSES INCLUDING AUTOMOBILE PURCHASES OR LEASES, UNLESS
   17  USED SOLELY FOR CAMPAIGN PURPOSES OR IN CONNECTION WITH THE EXECUTION OF
   18  THE DUTIES OF PUBLIC OFFICE. IF A CANDIDATE USES CAMPAIGN FUNDS  TO  PAY
   19  EXPENSES  ASSOCIATED  WITH TRAVEL THAT INVOLVES BOTH PERSONAL ACTIVITIES
   20  AND CAMPAIGN ACTIVITIES OR OFFICIAL  DUTIES,  THE  INCREMENTAL  EXPENSES
   21  THAT  RESULT  FROM  THE  PERSONAL  ACTIVITIES  SHALL  BE  CONSIDERED FOR
   22  PERSONAL USE UNLESS THE PERSON OR PERSONS BENEFITING FROM THE USE  REIM-
   23  BURSE OR REIMBURSES THE CAMPAIGN ACCOUNT WITHIN NINETY DAYS FOR THE FULL
   24  AMOUNT OF THE INCREMENTAL EXPENSES; AND
   25    (XII) ANY OTHER EXPENDITURE DESIGNATED BY THE STATE BOARD OF ELECTIONS
   26  AS CONSTITUTING PERSONAL USE.
   27    4.  NOTHING IN THIS SECTION SHALL PROHIBIT A CANDIDATE FROM PURCHASING
   28  EQUIPMENT OR PROPERTY FROM HIS OR HER  PERSONAL  FUNDS  AND  LEASING  OR
   29  RENTING  SUCH  EQUIPMENT  OR PROPERTY TO A COMMITTEE WORKING DIRECTLY OR
   30  INDIRECTLY WITH HIM TO AID OR PARTICIPATE IN HIS OR  HER  NOMINATION  OR
   31  ELECTION,  INCLUDING  AN EXPLORATORY COMMITTEE, PROVIDED THAT THE CANDI-
   32  DATE AND HIS OR HER CAMPAIGN TREASURER SIGN A WRITTEN  LEASE  OR  RENTAL
   33  AGREEMENT. SUCH AGREEMENT SHALL INCLUDE THE LEASE OR RENTAL PRICE, WHICH
   34  SHALL  NOT  EXCEED  THE FAIR LEASE OR RENTAL VALUE OF THE EQUIPMENT. THE
   35  CANDIDATE SHALL NOT RECEIVE LEASE  OR  RENTAL  PAYMENTS  WHICH,  IN  THE
   36  AGGREGATE, EXCEED THE COST OF PURCHASING THE EQUIPMENT OR PROPERTY.
   37    5.  NOTHING  IN  THIS SECTION SHALL PROHIBIT AN ELECTED PUBLIC OFFICE-
   38  HOLDER FROM USING CAMPAIGN  CONTRIBUTIONS  TO  FACILITATE,  SUPPORT,  OR
   39  OTHERWISE ASSIST IN THE EXECUTION OR PERFORMANCE OF THE DUTIES OF HIS OR
   40  HER PUBLIC OFFICE.
   41    6.  THE  STATE  BOARD  OF ELECTIONS SHALL ISSUE ADVISORY OPINIONS FROM
   42  TIME TO TIME UPON REQUEST TO ADDRESS THE APPLICATION OF THIS SECTION.
   43    S 7. Article 14 of the election law is amended by adding a  new  title
   44  II to read as follows:
   45                                  TITLE II
   46                              PUBLIC FINANCING
   47  SECTION 14-200.   LEGISLATIVE FINDINGS AND INTENT.
   48          14-200-A. DEFINITIONS.
   49          14-201.   REPORTING REQUIREMENTS.
   50          14-202.   CONTRIBUTIONS.
   51          14-203.   PROOF OF COMPLIANCE.
   52          14-204.   ELIGIBILITY.
   53          14-205.   LIMITS ON PUBLIC FINANCING.
   54          14-206.   PAYMENT OF PUBLIC MATCHING FUNDS.
   55          14-207.   USE  OF  PUBLIC  MATCHING  FUNDS;  QUALIFIED  CAMPAIGN
   56                      EXPENDITURES.
       S. 6355--A                         44                         A. 8555--A
    1          14-208.   POWERS AND DUTIES OF BOARD.
    2          14-209.   AUDITS AND REPAYMENTS.
    3          14-210.   ENFORCEMENT  AND  PENALTIES  FOR  VIOLATIONS AND OTHER
    4                      PROCEEDINGS.
    5          14-211.   REPORTS.
    6          14-212.   DEBATES FOR CANDIDATES FOR STATEWIDE OFFICE.
    7          14-213.   SEVERABILITY.
    8    S 14-200. LEGISLATIVE FINDINGS AND INTENT.  THE LEGISLATURE FINDS THAT
    9  REFORM OF NEW YORK STATE'S CAMPAIGN FINANCE SYSTEM IS CRUCIAL TO IMPROV-
   10  ING PUBLIC CONFIDENCE IN THE STATE'S DEMOCRATIC PROCESSES AND CONTINUING
   11  TO ENSURE A GOVERNMENT THAT IS ACCOUNTABLE TO ALL OF THE VOTERS  OF  THE
   12  STATE  REGARDLESS  OF WEALTH OR POSITION. THE LEGISLATURE FINDS THAT NEW
   13  YORK'S CURRENT SYSTEM OF CAMPAIGN FINANCE, WITH ITS LARGE  CONTRIBUTIONS
   14  TO CANDIDATES FOR OFFICE AND PARTY COMMITTEES, HAS CREATED THE POTENTIAL
   15  FOR  AND  THE  APPEARANCE OF CORRUPTION.   THE LEGISLATURE FURTHER FINDS
   16  THAT, WHETHER OR NOT THIS SYSTEM CREATES ACTUAL CORRUPTION, THE  APPEAR-
   17  ANCE  OF  SUCH  CORRUPTION CAN GIVE RISE TO A DISTRUST IN GOVERNMENT AND
   18  CITIZEN APATHY THAT UNDERMINE THE DEMOCRATIC OPERATION OF THE  POLITICAL
   19  PROCESS.
   20    THE LEGISLATURE ALSO FINDS THAT THE HIGH COST OF RUNNING FOR OFFICE IN
   21  NEW  YORK  DISCOURAGES  QUALIFIED CANDIDATES FROM RUNNING FOR OFFICE AND
   22  CREATES AN ELECTORAL SYSTEM THAT ENCOURAGES CANDIDATES TO SPEND TOO MUCH
   23  TIME RAISING MONEY RATHER THAN ATTENDING TO THE DUTIES OF THEIR  OFFICE,
   24  REPRESENTING  THE  NEEDS  OF  THEIR CONSTITUENTS, AND COMMUNICATING WITH
   25  VOTERS.
   26    THE LEGISLATURE AMENDS THIS CHAPTER CREATING A NEW TITLE TWO TO  ARTI-
   27  CLE  FOURTEEN  OF  THIS CHAPTER TO REDUCE THE POSSIBILITY AND APPEARANCE
   28  THAT SPECIAL INTERESTS EXERCISE UNDUE INFLUENCE OVER STATE OFFICIALS; TO
   29  INCREASE THE ACTUAL AND APPARENT RESPONSIVENESS OF ELECTED OFFICIALS  TO
   30  ALL  VOTERS; TO ENCOURAGE QUALIFIED CANDIDATES TO RUN FOR OFFICE; AND TO
   31  REDUCE THE PRESSURE ON CANDIDATES TO SPEND LARGE AMOUNTS OF TIME RAISING
   32  LARGE CONTRIBUTIONS FOR THEIR CAMPAIGNS.
   33    THE LEGISLATURE FINDS THAT THIS ARTICLE'S LIMITATIONS ON CONTRIBUTIONS
   34  FURTHER  THE  GOVERNMENT'S  INTEREST  IN  REDUCING  REAL  AND   APPARENT
   35  CORRUPTION  AND  IN  BUILDING TRUST IN GOVERNMENT. THE LEGISLATURE FINDS
   36  THAT THE CONTRIBUTION LEVELS ARE SUFFICIENTLY HIGH TO  ALLOW  CANDIDATES
   37  AND  POLITICAL PARTIES TO RAISE ENOUGH MONEY TO RUN EFFECTIVE CAMPAIGNS.
   38  IN ADDITION, THE LEGISLATURE FINDS THAT GRADUATED  CONTRIBUTION  LIMITA-
   39  TIONS REFLECT THE CAMPAIGN NEEDS OF CANDIDATES FOR DIFFERENT OFFICES.
   40    THE LEGISLATURE ALSO FINDS THAT THE SYSTEM OF VOLUNTARY PUBLIC FINANC-
   41  ING  FURTHERS  THE GOVERNMENT'S INTEREST IN ENCOURAGING QUALIFIED CANDI-
   42  DATES TO RUN FOR OFFICE. THE LEGISLATURE FINDS THAT THE VOLUNTARY PUBLIC
   43  FUNDING PROGRAM WILL ENLARGE THE  PUBLIC  DEBATE  AND  INCREASE  PARTIC-
   44  IPATION  IN  THE  DEMOCRATIC PROCESS. IN ADDITION, THE LEGISLATURE FINDS
   45  THAT THE VOLUNTARY EXPENDITURE LIMITATIONS  AND  MATCHING  FUND  PROGRAM
   46  REDUCE  THE BURDEN ON CANDIDATES AND OFFICEHOLDERS TO SPEND TIME RAISING
   47  MONEY FOR THEIR CAMPAIGNS.
   48    THEREFORE, THE LEGISLATURE DECLARES THAT THESE AMENDMENTS FURTHER  THE
   49  IMPORTANT  AND  VALID  GOVERNMENT  INTERESTS  OF  REDUCING VOTER APATHY,
   50  BUILDING CONFIDENCE IN GOVERNMENT, REDUCING THE REALITY  AND  APPEARANCE
   51  OF  CORRUPTION,  AND ENCOURAGING QUALIFIED CANDIDATES TO RUN FOR OFFICE,
   52  WHILE REDUCING CANDIDATES' AND OFFICEHOLDERS' FUNDRAISING BURDENS.
   53    S 14-200-A. DEFINITIONS.  FOR THE PURPOSES OF THIS TITLE, THE  FOLLOW-
   54  ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   55    1.  THE  TERM  "AUTHORIZED  COMMITTEE" SHALL MEAN THE SINGLE COMMITTEE
   56  DESIGNATED BY A CANDIDATE PURSUANT TO SECTION 14-201 OF  THIS  TITLE  TO
       S. 6355--A                         45                         A. 8555--A
    1  RECEIVE  CONTRIBUTIONS  AND  MAKE  EXPENDITURES IN SUPPORT OF THE CANDI-
    2  DATE'S CAMPAIGN.
    3    2. THE TERM "BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
    4    3.  THE  TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS APPEARS IN
    5  SUBDIVISION NINE OF SECTION 14-100 OF THIS ARTICLE.
    6    4. THE TERM "CONTRIBUTOR" SHALL MEAN ANY PERSON OR ENTITY THAT MAKES A
    7  CONTRIBUTION.
    8    5. THE TERM "COVERED ELECTION" SHALL MEAN  ANY  PRIMARY,  GENERAL,  OR
    9  SPECIAL ELECTION FOR NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE
   10  OF  GOVERNOR,  LIEUTENANT GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER,
   11  STATE SENATOR, OR MEMBER OF THE ASSEMBLY.
   12    6. THE TERM "ELECTION CYCLE" SHALL MEAN THE TWO YEAR  PERIOD  STARTING
   13  THE  DAY  AFTER  THE  LAST GENERAL ELECTION FOR CANDIDATES FOR THE STATE
   14  LEGISLATURE AND SHALL MEAN THE FOUR YEAR PERIOD STARTING AFTER  THE  DAY
   15  AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR STATEWIDE OFFICE.
   16    7.  THE TERM "EXPENDITURE" SHALL MEAN ANY GIFT, SUBSCRIPTION, ADVANCE,
   17  PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF VALUE, OR A CONTRACT TO MAKE
   18  ANY GIFT, SUBSCRIPTION, PAYMENT, OR DEPOSIT  OF  MONEY  OR  ANYTHING  OF
   19  VALUE, MADE IN CONNECTION WITH THE NOMINATION FOR ELECTION, OR ELECTION,
   20  OF  ANY  CANDIDATE.   EXPENDITURES MADE BY CONTRACT ARE DEEMED MADE WHEN
   21  SUCH FUNDS ARE OBLIGATED.
   22    8. THE TERM "FUND" SHALL MEAN THE  NEW  YORK  STATE  CAMPAIGN  FINANCE
   23  FUND.
   24    9.  THE TERM "IMMEDIATE FAMILY" SHALL MEAN A SPOUSE, CHILD, SIBLING OR
   25  PARENT.
   26    10. THE TERM "INTERMEDIARY" SHALL  MEAN  AN  INDIVIDUAL,  CORPORATION,
   27  PARTNERSHIP,  POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER ENTITY
   28  WHICH BUNDLES, CAUSES TO BE DELIVERED OR OTHERWISE DELIVERS ANY CONTRIB-
   29  UTION FROM ANOTHER PERSON OR ENTITY TO A CANDIDATE OR AUTHORIZED COMMIT-
   30  TEE, OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL,  DELIVERY
   31  OR  MESSENGER SERVICE.   PROVIDED, HOWEVER, THAT AN "INTERMEDIARY" SHALL
   32  NOT INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS, CHILDREN OR SIBLINGS OF
   33  THE PERSON MAKING SUCH CONTRIBUTION OR A STAFF MEMBER  OR  VOLUNTEER  OF
   34  THE CAMPAIGN IDENTIFIED IN WRITING TO THE STATE BOARD OF ELECTIONS. HERE
   35  "CAUSES  TO  BE DELIVERED" SHALL INCLUDE PROVIDING POSTAGE, ENVELOPES OR
   36  OTHER SHIPPING MATERIALS FOR THE USE OF DELIVERING THE  CONTRIBUTION  TO
   37  THE ULTIMATE RECIPIENT.
   38    11.  THE  TERM  "ITEM  WITH  SIGNIFICANT INTRINSIC AND ENDURING VALUE"
   39  SHALL MEAN ANY ITEM, INCLUDING TICKETS TO AN EVENT, THAT ARE  VALUED  AT
   40  TWENTY-FIVE DOLLARS OR MORE.
   41    12.  (A)  THE TERM "MATCHABLE CONTRIBUTION" SHALL MEAN A CONTRIBUTION,
   42  CONTRIBUTIONS OR A PORTION OF A CONTRIBUTION OR  CONTRIBUTIONS  FOR  ANY
   43  COVERED  ELECTIONS  HELD  IN  THE SAME ELECTION CYCLE, MADE BY A NATURAL
   44  PERSON WHO IS A UNITED STATES CITIZEN AND RESIDENT IN THE STATE  OF  NEW
   45  YORK TO A PARTICIPATING CANDIDATE, THAT HAS BEEN REPORTED IN FULL TO THE
   46  BOARD  IN  ACCORDANCE WITH SECTIONS 14-102 AND 14-104 OF THIS ARTICLE BY
   47  THE CANDIDATE'S AUTHORIZED COMMITTEE AND  HAS  BEEN  CONTRIBUTED  ON  OR
   48  BEFORE  THE  DAY  OF  THE APPLICABLE PRIMARY, GENERAL, RUNOFF OR SPECIAL
   49  ELECTION. ANY CONTRIBUTION, CONTRIBUTIONS, OR A PORTION  OF  A  CONTRIB-
   50  UTION  DETERMINED  TO BE INVALID FOR MATCHING FUNDS BY THE BOARD MAY NOT
   51  BE TREATED AS A MATCHABLE CONTRIBUTION FOR ANY PURPOSE.
   52    (B) THE FOLLOWING CONTRIBUTIONS ARE NOT MATCHABLE:
   53    (I) LOANS;
   54    (II) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;
   55    (III) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM
   56  WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
       S. 6355--A                         46                         A. 8555--A
    1    (IV) TRANSFERS FROM A PARTY OR CONSTITUTED COMMITTEE;
    2    (V) ANONYMOUS CONTRIBUTIONS OR CONTRIBUTIONS WHOSE SOURCE IS NOT ITEM-
    3  IZED AS REQUIRED BY SECTION 14-201 OF THIS TITLE;
    4    (VI) CONTRIBUTIONS GATHERED DURING A PREVIOUS ELECTION CYCLE;
    5    (VII) ILLEGAL CONTRIBUTIONS;
    6    (VIII) CONTRIBUTIONS FROM MINORS;
    7    (IX) CONTRIBUTIONS FROM VENDORS FOR CAMPAIGNS; AND
    8    (X)  CONTRIBUTIONS  FROM  LOBBYISTS REGISTERED PURSUANT TO SUBDIVISION
    9  (A) OF SECTION ONE-C OF THE LEGISLATIVE LAW.
   10    13. THE TERM "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR A
   11  COVERED ELECTION WHO FAILS TO FILE A WRITTEN CERTIFICATION IN  THE  FORM
   12  OF  AN  AFFIDAVIT  UNDER  SECTION 14-204 OF THIS TITLE BY THE APPLICABLE
   13  DEADLINE.
   14    14. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN  ANY  CANDIDATE  FOR
   15  NOMINATION  FOR  ELECTION, OR ELECTION, TO THE OFFICE OF GOVERNOR, LIEU-
   16  TENANT GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER, STATE SENATOR,  OR
   17  MEMBER  OF THE ASSEMBLY WHO FILES A WRITTEN CERTIFICATION IN THE FORM OF
   18  AN AFFIDAVIT PURSUANT TO SECTION 14-204 OF THIS TITLE.
   19    15. THE TERM "POST-ELECTION PERIOD" SHALL MEAN THE FIVE YEARS  FOLLOW-
   20  ING AN ELECTION WHEN A CANDIDATE IS SUBJECT TO AN AUDIT.
   21    16.  THE  TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDI-
   22  TURE FOR WHICH PUBLIC MATCHING FUNDS MAY BE USED.
   23    17. THE TERM "THRESHOLD FOR ELIGIBILITY"  SHALL  MEAN  THE  AMOUNT  OF
   24  MATCHABLE  CONTRIBUTIONS  THAT  A  CANDIDATE'S AUTHORIZED COMMITTEE MUST
   25  RECEIVE IN TOTAL IN ORDER FOR SUCH CANDIDATE TO  QUALIFY  FOR  VOLUNTARY
   26  PUBLIC FINANCING UNDER THIS TITLE.
   27    18.  THE  TERM  "TRANSFER"  SHALL MEAN ANY EXCHANGE OF FUNDS BETWEEN A
   28  PARTY OR CONSTITUTED COMMITTEE AND A CANDIDATE OR  ANY  OF  HIS  OR  HER
   29  AUTHORIZED COMMITTEES.
   30    S  14-201.  REPORTING REQUIREMENTS.   1. POLITICAL COMMITTEE REGISTRA-
   31  TION. POLITICAL COMMITTEES AS DEFINED PURSUANT  TO  SUBDIVISION  ONE  OF
   32  SECTION  14-100  OF  THIS  ARTICLE  SHALL REGISTER WITH THE BOARD BEFORE
   33  MAKING ANY CONTRIBUTION OR EXPENDITURE.  THE BOARD SHALL PUBLISH A CUMU-
   34  LATIVE LIST OF POLITICAL COMMITTEES THAT HAVE REGISTERED,  INCLUDING  ON
   35  ITS WEBPAGE, AND REGULARLY UPDATE IT.
   36    2.  ONLY  ONE  AUTHORIZED  COMMITTEE PER CANDIDATE PER ELECTIVE OFFICE
   37  SOUGHT.  BEFORE RECEIVING ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR
   38  A COVERED ELECTION, EACH CANDIDATE SHALL NOTIFY  THE  BOARD  AS  TO  THE
   39  EXISTENCE  OF  HIS OR HER AUTHORIZED COMMITTEE THAT HAS BEEN APPROVED BY
   40  SUCH CANDIDATE. EACH CANDIDATE SHALL HAVE ONE AND  ONLY  ONE  AUTHORIZED
   41  COMMITTEE  PER  ELECTIVE  OFFICE SOUGHT. EACH AUTHORIZED COMMITTEE SHALL
   42  HAVE A TREASURER AND IS SUBJECT TO THE  RESTRICTIONS  FOUND  IN  SECTION
   43  14-112 OF THIS ARTICLE.
   44    3.  DISCLOSURE  REPORTS.   (A) DETAILED REPORTING. IN ADDITION TO EACH
   45  AUTHORIZED AND POLITICAL COMMITTEE REPORTING TO THE BOARD EVERY CONTRIB-
   46  UTION AND LOAN RECEIVED AND EVERY  EXPENDITURE  MADE  IN  THE  TIME  AND
   47  MANNER PRESCRIBED BY SECTIONS 14-102, 14-104 AND 14-108 OF THIS ARTICLE,
   48  EACH  AUTHORIZED  AND  POLITICAL  COMMITTEE SHALL ALSO SUBMIT DISCLOSURE
   49  REPORTS ON MARCH FIFTEENTH AND  MAY  FIFTEENTH  OF  EACH  ELECTION  YEAR
   50  REPORTING  TO  THE  BOARD EVERY CONTRIBUTION AND LOAN RECEIVED AND EVERY
   51  EXPENDITURE MADE.   FOR CONTRIBUTORS  WHO  MAKE  CONTRIBUTIONS  OF  FIVE
   52  HUNDRED  DOLLARS  OR MORE, EACH AUTHORIZED AND POLITICAL COMMITTEE SHALL
   53  REPORT TO THE  BOARD  THE  OCCUPATION,  AND  BUSINESS  ADDRESS  OF  EACH
   54  CONTRIBUTOR,  LENDER,  AND INTERMEDIARY. THE BOARD SHALL REVISE, PREPARE
   55  AND POST FORMS ON  ITS  WEBPAGE  THAT  FACILITATE  COMPLIANCE  WITH  THE
   56  REQUIREMENTS OF THIS SECTION.
       S. 6355--A                         47                         A. 8555--A
    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; AND
   55    (H)  CONTINUE  TO  ABIDE  BY ALL REQUIREMENTS DURING THE POST-ELECTION
   56  PERIOD.
       S. 6355--A                         48                         A. 8555--A
    1    2. THRESHOLD FOR ELIGIBILITY. (A) THE THRESHOLD  FOR  ELIGIBILITY  FOR
    2  PUBLIC FUNDING FOR PARTICIPATING CANDIDATES SHALL BE IN THE CASE OF:
    3    (I)  GOVERNOR,  NOT  LESS  THAN  SIX HUNDRED FIFTY THOUSAND DOLLARS IN
    4  MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST  SIX  THOUSAND  FIVE  HUNDRED
    5  MATCHABLE  CONTRIBUTIONS  COMPRISED  OF SUMS BETWEEN TEN AND ONE HUNDRED
    6  SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF NEW YORK STATE;
    7    (II) LIEUTENANT GOVERNOR, ATTORNEY GENERAL, AND COMPTROLLER, NOT  LESS
    8  THAN  TWO  HUNDRED THOUSAND DOLLARS IN MATCHABLE CONTRIBUTIONS INCLUDING
    9  AT LEAST TWO THOUSAND MATCHABLE CONTRIBUTIONS COMPRISED OF SUMS  BETWEEN
   10  TEN AND ONE HUNDRED SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS
   11  OF NEW YORK STATE;
   12    (III)  STATE SENATOR, NOT LESS THAN TWENTY THOUSAND DOLLARS IN MATCHA-
   13  BLE CONTRIBUTIONS INCLUDING AT LEAST TWO HUNDRED MATCHABLE CONTRIBUTIONS
   14  COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE  DOLLARS  PER
   15  CONTRIBUTOR,  FROM  RESIDENTS OF THE DISTRICT IN WHICH THE SEAT IS TO BE
   16  FILLED; AND
   17    (IV) MEMBER OF THE ASSEMBLY, NOT LESS THAN  TEN  THOUSAND  DOLLARS  IN
   18  MATCHABLE   CONTRIBUTIONS  INCLUDING  AT  LEAST  ONE  HUNDRED  MATCHABLE
   19  CONTRIBUTIONS COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE
   20  DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF THE  DISTRICT  IN  WHICH  THE
   21  SEAT IS TO BE FILLED.
   22    (B)  ANY PARTICIPATING CANDIDATE MEETING THE THRESHOLD FOR ELIGIBILITY
   23  IN A PRIMARY ELECTION FOR ONE OF THE FOREGOING OFFICES SHALL  BE  DEEMED
   24  TO  HAVE  MET THE THRESHOLD FOR ELIGIBILITY FOR SUCH OFFICE IN ANY OTHER
   25  SUBSEQUENT ELECTION HELD IN THE SAME CALENDAR YEAR.
   26    S 14-205. LIMITS ON PUBLIC FINANCING. THE FOLLOWING LIMITATIONS  APPLY
   27  TO  THE  TOTAL AMOUNTS OF PUBLIC FUNDS THAT MAY BE PROVIDED TO A PARTIC-
   28  IPATING CANDIDATE'S AUTHORIZED COMMITTEE FOR AN ELECTION CYCLE:
   29    1. IN ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS  BY  PARTICIPATING
   30  CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
   31    (I) FOR GOVERNOR, THE SUM OF EIGHT MILLION DOLLARS;
   32    (II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
   33  OF FOUR MILLION DOLLARS;
   34    (III)  FOR  SENATOR,  THE  SUM  OF THREE HUNDRED SEVENTY-FIVE THOUSAND
   35  DOLLARS;
   36    (IV) FOR MEMBER OF THE ASSEMBLY, THE SUM OF ONE  HUNDRED  SEVENTY-FIVE
   37  THOUSAND DOLLARS.
   38    2.  IN  ANY  GENERAL OR SPECIAL ELECTION, RECEIPT OF PUBLIC FUNDS BY A
   39  PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEES  SHALL  NOT  EXCEED  THE
   40  FOLLOWING AMOUNTS:
   41    CANDIDATES FOR ELECTION TO THE OFFICE OF:
   42    GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED)                $10,000,000
   43    ATTORNEY GENERAL                                           $4,000,000
   44    COMPTROLLER                                                $4,000,000
   45    MEMBER OF SENATE                                           $375,000
   46    MEMBER OF ASSEMBLY                                         $175,000
   47    3.  NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS NOT
   48  OPPOSED BY A CANDIDATE ON THE BALLOT IN  A  PRIMARY  ELECTION  SHALL  BE
   49  ENTITLED  TO  PAYMENT OF PUBLIC MATCHING FUNDS, EXCEPT THAT, WHERE THERE
   50  IS A CONTEST IN SUCH PRIMARY ELECTION FOR THE NOMINATION OF AT LEAST ONE
   51  OF THE TWO POLITICAL PARTIES WITH THE HIGHEST AND SECOND HIGHEST  NUMBER
   52  OF  ENROLLED  MEMBERS  FOR SUCH OFFICE, A PARTICIPATING CANDIDATE WHO IS
   53  UNOPPOSED IN THE PRIMARY ELECTION MAY RECEIVE PUBLIC  FUNDS  BEFORE  THE
   54  PRIMARY  ELECTION,  FOR  EXPENSES INCURRED ON OR BEFORE THE DATE OF SUCH
   55  PRIMARY ELECTION, IN AN AMOUNT EQUAL TO UP TO HALF THE SUM SET FORTH  IN
   56  PARAGRAPH ONE OF THIS SECTION.
       S. 6355--A                         49                         A. 8555--A
    1    S 14-206. PAYMENT OF PUBLIC MATCHING FUNDS. 1. DETERMINATION OF ELIGI-
    2  BILITY.  NO PUBLIC MATCHING FUNDS SHALL BE PAID TO AN AUTHORIZED COMMIT-
    3  TEE UNLESS THE PUBLIC FINANCING UNIT DETERMINES THAT  THE  PARTICIPATING
    4  CANDIDATE  HAS  MET  THE ELIGIBILITY REQUIREMENTS OF THIS TITLE. PAYMENT
    5  SHALL  NOT  EXCEED  THE  AMOUNTS  SPECIFIED  IN  SUBDIVISION TWO OF THIS
    6  SECTION, AND SHALL BE MADE ONLY IN ACCORDANCE  WITH  THE  PROVISIONS  OF
    7  THIS  TITLE.  SUCH  PAYMENT MAY BE MADE ONLY TO THE PARTICIPATING CANDI-
    8  DATE'S AUTHORIZED COMMITTEE. NO PUBLIC  MATCHING  FUNDS  SHALL  BE  USED
    9  EXCEPT  AS  REIMBURSEMENT OR PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES
   10  ACTUALLY AND LAWFULLY INCURRED OR TO REPAY LOANS USED TO  PAY  QUALIFIED
   11  CAMPAIGN EXPENDITURES.
   12    2.  CALCULATION  OF  PAYMENT. IF THE THRESHOLD FOR ELIGIBILITY IS MET,
   13  THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE SHALL RECEIVE PAYMENT
   14  FOR QUALIFIED CAMPAIGN EXPENDITURES OF SIX DOLLARS  OF  PUBLIC  MATCHING
   15  FUNDS  FOR EACH ONE DOLLAR OF MATCHABLE CONTRIBUTIONS, FOR THE FIRST ONE
   16  HUNDRED SEVENTY-FIVE DOLLARS OF ELIGIBLE PRIVATE FUNDS PER  CONTRIBUTOR,
   17  OBTAINED  AND REPORTED TO THE BOARD IN ACCORDANCE WITH THE PROVISIONS OF
   18  THIS TITLE. THE MAXIMUM PAYMENT OF PUBLIC MATCHING FUNDS SHALL BE LIMIT-
   19  ED TO THE AMOUNTS SET FORTH IN SECTION 14-205  OF  THIS  TITLE  FOR  THE
   20  COVERED ELECTION.
   21    3. TIMING OF PAYMENT. THE PUBLIC FINANCING UNIT SHALL MAKE ANY PAYMENT
   22  OF PUBLIC MATCHING FUNDS TO PARTICIPATING CANDIDATES AS SOON AS IS PRAC-
   23  TICABLE. BUT IN ALL CASES, THAT UNIT SHALL VERIFY ELIGIBILITY FOR PUBLIC
   24  MATCHING  FUNDS  WITHIN  FOUR  DAYS OF RECEIVING A CAMPAIGN CONTRIBUTION
   25  REPORT FILED IN COMPLIANCE WITH SECTION 14-104 OF THIS  ARTICLE.  WITHIN
   26  TWO  DAYS OF DETERMINING THAT A CANDIDATE FOR A COVERED OFFICE IS ELIGI-
   27  BLE FOR PUBLIC MATCHING FUNDS, THE UNIT SHALL PAY THE APPLICABLE  MATCH-
   28  ING  FUNDS  OWED  TO THE CANDIDATE. HOWEVER, THE UNIT SHALL NOT MAKE ANY
   29  PAYMENTS OF PUBLIC MONEY EARLIER THAN THE EARLIEST DATES FOR MAKING SUCH
   30  PAYMENTS AS PROVIDED BY THIS TITLE.   IF  ANY  OF  SUCH  PAYMENTS  WOULD
   31  REQUIRE  PAYMENT  ON A WEEKEND OR FEDERAL HOLIDAY, PAYMENT SHALL BE MADE
   32  ON THE NEXT BUSINESS DAY.
   33    4. ELECTRONIC FUNDS TRANSFER. THE  BOARD  SHALL  PROMULGATE  RULES  TO
   34  FACILITATE  ELECTRONIC  FUNDS  TRANSFERS  DIRECTLY FROM THE FUND INTO AN
   35  AUTHORIZED COMMITTEE'S BANK ACCOUNT.
   36    5.  IRREGULARLY  SCHEDULED  ELECTIONS.   NOTWITHSTANDING   ANY   OTHER
   37  PROVISION OF THIS TITLE, THE BOARD SHALL PROMULGATE RULES TO PROVIDE FOR
   38  THE  PROMPT  ISSUANCE OF PUBLIC MATCHING FUNDS TO ELIGIBLE PARTICIPATING
   39  CANDIDATES FOR QUALIFIED CAMPAIGN EXPENDITURES IN THE CASE OF ANY  OTHER
   40  COVERED ELECTION HELD ON A DAY DIFFERENT FROM THAT THAN ORIGINALLY SCHE-
   41  DULED  INCLUDING SPECIAL ELECTIONS. BUT IN ALL CASES, THE PUBLIC FINANC-
   42  ING UNIT SHALL (A) WITHIN FOUR DAYS OF RECEIVING A  REPORT  OF  CONTRIB-
   43  UTIONS  FROM  A  CANDIDATE FOR A COVERED OFFICE CLAIMING ELIGIBILITY FOR
   44  PUBLIC MATCHING FUNDS VERIFY THAT  CANDIDATE'S  ELIGIBILITY  FOR  PUBLIC
   45  MATCHING  FUNDS;  AND (B) WITHIN TWO DAYS OF DETERMINING THAT THE CANDI-
   46  DATE FOR A COVERED OFFICE IS ELIGIBLE FOR  PUBLIC  MATCHING  FUNDS,  THE
   47  UNIT SHALL PAY THE APPLICABLE MATCHING FUNDS OWED TO THE CANDIDATE.
   48    S  14-207.  USE  OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN EXPENDI-
   49  TURES.  1. PUBLIC MATCHING FUNDS PROVIDED UNDER THE PROVISIONS  OF  THIS
   50  TITLE  MAY  BE  USED ONLY BY AN AUTHORIZED COMMITTEE FOR EXPENDITURES TO
   51  FURTHER  THE  PARTICIPATING  CANDIDATE'S  NOMINATION  FOR  ELECTION   OR
   52  ELECTION,  INCLUDING  PAYING FOR DEBTS INCURRED WITHIN ONE YEAR PRIOR TO
   53  AN ELECTION TO FURTHER  THE  PARTICIPATING  CANDIDATE'S  NOMINATION  FOR
   54  ELECTION OR ELECTION.
   55    2. SUCH PUBLIC MATCHING FUNDS MAY NOT BE USED FOR:
   56    (A) AN EXPENDITURE IN VIOLATION OF ANY LAW;
       S. 6355--A                         50                         A. 8555--A
    1    (B)  AN  EXPENDITURE  IN  EXCESS OF THE FAIR MARKET VALUE OF SERVICES,
    2  MATERIALS, FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
    3    (C) AN EXPENDITURE MADE AFTER THE CANDIDATE HAS BEEN FINALLY DISQUALI-
    4  FIED FROM THE BALLOT;
    5    (D)  AN  EXPENDITURE  MADE  AFTER  THE  ONLY REMAINING OPPONENT OF THE
    6  CANDIDATE HAS BEEN FINALLY DISQUALIFIED  FROM  THE  GENERAL  OR  SPECIAL
    7  ELECTION BALLOT;
    8    (E) AN EXPENDITURE MADE BY CASH PAYMENT;
    9    (F)  A  CONTRIBUTION  OR  LOAN  OR  TRANSFER MADE TO OR EXPENDITURE TO
   10  SUPPORT ANOTHER CANDIDATE OR POLITICAL COMMITTEE OR PARTY, COMMITTEE  OR
   11  CONSTITUTED COMMITTEE;
   12    (G)  AN  EXPENDITURE  TO  SUPPORT  OR OPPOSE A CANDIDATE FOR AN OFFICE
   13  OTHER THAN THAT WHICH THE PARTICIPATING CANDIDATE SEEKS;
   14    (H) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED CAMPAIGN
   15  MATERIAL;
   16    (I) LEGAL FEES TO DEFEND AGAINST A CRIMINAL CHARGE;
   17    (J) PAYMENTS TO IMMEDIATE FAMILY MEMBERS OF THE  PARTICIPATING  CANDI-
   18  DATE; OR
   19    (K)  ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
   20  DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION,  ACCEPTANCE,
   21  AUTHORIZATION, DECLINATION OR SUBSTITUTION.
   22    S 14-208. POWERS AND DUTIES OF BOARD.  1. ADVISORY OPINIONS. THE BOARD
   23  SHALL  RENDER  ADVISORY OPINIONS WITH RESPECT TO QUESTIONS ARISING UNDER
   24  THIS TITLE UPON THE WRITTEN REQUEST OF A  CANDIDATE,  AN  OFFICER  OF  A
   25  POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITIATIVE.
   26  THE  BOARD  SHALL PROMULGATE RULES REGARDING REASONABLE TIMES TO RESPOND
   27  TO SUCH REQUESTS. THE BOARD SHALL MAKE PUBLIC THE QUESTIONS OF INTERPRE-
   28  TATION FOR WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE  BOARD  AND
   29  ITS  ADVISORY  OPINIONS,  INCLUDING  BY  PUBLICATION ON ITS WEBPAGE WITH
   30  IDENTIFYING INFORMATION REDACTED AS THE BOARD DETERMINES TO BE APPROPRI-
   31  ATE.
   32    2. PUBLIC INFORMATION AND CANDIDATE EDUCATION. THE BOARD SHALL DEVELOP
   33  A PROGRAM FOR INFORMING CANDIDATES AND THE PUBLIC AS TO THE PURPOSE  AND
   34  EFFECT OF THE PROVISIONS OF THIS TITLE, INCLUDING BY MEANS OF A WEBPAGE.
   35  THE BOARD SHALL PREPARE IN PLAIN LANGUAGE AND MAKE AVAILABLE EDUCATIONAL
   36  MATERIALS,  INCLUDING  COMPLIANCE MANUALS AND SUMMARIES AND EXPLANATIONS
   37  OF THE PURPOSES AND PROVISIONS OF THIS TITLE. THE BOARD SHALL PREPARE OR
   38  HAVE PREPARED AND MAKE AVAILABLE MATERIALS,  INCLUDING,  TO  THE  EXTENT
   39  FEASIBLE,  COMPUTER  SOFTWARE, TO FACILITATE THE TASK OF COMPLIANCE WITH
   40  THE DISCLOSURE AND RECORD-KEEPING REQUIREMENTS OF THIS TITLE.
   41    3. RULES AND REGULATIONS.  THE  BOARD  SHALL  HAVE  THE  AUTHORITY  TO
   42  PROMULGATE SUCH RULES AND REGULATIONS AND PROVIDE SUCH FORMS AS IT DEEMS
   43  NECESSARY FOR THE ADMINISTRATION OF THIS TITLE.
   44    4.  DATABASE.  THE  BOARD  SHALL  DEVELOP  AN  INTERACTIVE, SEARCHABLE
   45  COMPUTER DATABASE THAT SHALL CONTAIN ALL INFORMATION NECESSARY  FOR  THE
   46  PROPER  ADMINISTRATION  OF  THIS TITLE INCLUDING INFORMATION ON CONTRIB-
   47  UTIONS TO AND EXPENDITURES BY CANDIDATES AND THEIR AUTHORIZED COMMITTEE,
   48  INDEPENDENT EXPENDITURES IN SUPPORT  OR  OPPOSITION  OF  CANDIDATES  FOR
   49  COVERED  OFFICES,  AND DISTRIBUTIONS OF MONEYS FROM THE FUND. SUCH DATA-
   50  BASE SHALL BE ACCESSIBLE TO THE PUBLIC ON THE BOARD'S WEBPAGE.
   51    5. THE BOARD'S PUBLIC FINANCING UNIT SHALL WORK WITH  THE  ENFORCEMENT
   52  UNIT TO ENFORCE THIS SECTION.
   53    S 14-209. AUDITS AND REPAYMENTS.  1. AUDITS. THE BOARD SHALL AUDIT AND
   54  EXAMINE  ALL MATTERS RELATING TO THE PROPER ADMINISTRATION OF THIS TITLE
   55  AND SHALL COMPLETE SUCH AUDIT NO LATER THAN TWO YEARS AFTER THE ELECTION
   56  IN QUESTION.  EVERY CANDIDATE WHO RECEIVES PUBLIC FUNDS UNDER THIS TITLE
       S. 6355--A                         51                         A. 8555--A
    1  SHALL BE AUDITED BY THE BOARD. THE COST OF COMPLYING WITH  A  POST-ELEC-
    2  TION  AUDIT SHALL BE BORNE BY THE CANDIDATE'S AUTHORIZED COMMITTEE USING
    3  PUBLIC FUNDS, PRIVATE FUNDS OR ANY COMBINATION OF SUCH  FUNDS.    CANDI-
    4  DATES  WHO  RUN  IN  BOTH A PRIMARY AND GENERAL ELECTION MUST MAINTAIN A
    5  RESERVE OF THREE PERCENT OF THE PUBLIC FUNDS RECEIVED TO COMPLY WITH THE
    6  POST-ELECTION AUDIT.  THE BOARD SHALL ISSUE TO EACH CAMPAIGN  AUDITED  A
    7  FINAL AUDIT REPORT THAT DETAILS ITS FINDINGS.
    8    2.  REPAYMENTS.  (A)  IF  THE BOARD DETERMINES THAT ANY PORTION OF THE
    9  PAYMENT MADE TO A CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS  IN
   10  EXCESS  OF  THE  AGGREGATE  AMOUNT  OF  PAYMENTS THAT SUCH CANDIDATE WAS
   11  ELIGIBLE TO RECEIVE PURSUANT TO THIS TITLE, IT SHALL NOTIFY SUCH COMMIT-
   12  TEE AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN  AMOUNT  EQUAL  TO  THE
   13  AMOUNT  OF  EXCESS  PAYMENTS.  PROVIDED,  HOWEVER, THAT IF THE ERRONEOUS
   14  PAYMENT WAS THE RESULT OF AN ERROR BY  THE  BOARD,  THEN  THE  ERRONEOUS
   15  PAYMENT  WILL  BE  DEDUCTED  FROM  ANY FUTURE PAYMENT, IF ANY, AND IF NO
   16  PAYMENT IS TO BE MADE THEN NEITHER THE CANDIDATE NOR THE COMMITTEE SHALL
   17  BE LIABLE TO REPAY THE EXCESS AMOUNT TO THE BOARD.  THE  CANDIDATE,  THE
   18  TREASURER  AND  THE  CANDIDATE'S  AUTHORIZED  COMMITTEE  ARE JOINTLY AND
   19  SEVERABLY LIABLE FOR ANY REPAYMENTS TO THE BOARD.
   20    (B) IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO  A
   21  CANDIDATE'S  AUTHORIZED  COMMITTEE  FROM  THE FUND WAS USED FOR PURPOSES
   22  OTHER THAN QUALIFIED CAMPAIGN EXPENDITURES AND  SUCH  EXPENDITURES  WERE
   23  NOT  APPROVED BY THE BOARD, IT SHALL NOTIFY SUCH COMMITTEE OF THE AMOUNT
   24  SO DISQUALIFIED AND SUCH COMMITTEE SHALL PAY  TO  THE  BOARD  AN  AMOUNT
   25  EQUAL  TO SUCH DISQUALIFIED AMOUNT. THE CANDIDATE, THE TREASURER AND THE
   26  CANDIDATE'S AUTHORIZED COMMITTEE ARE JOINTLY AND  SEVERABLY  LIABLE  FOR
   27  ANY REPAYMENTS TO THE BOARD.
   28    (C) IF THE TOTAL OF PAYMENTS FROM THE FUND RECEIVED BY A PARTICIPATING
   29  CANDIDATE  AND HIS OR HER AUTHORIZED COMMITTEE EXCEED THE TOTAL CAMPAIGN
   30  EXPENDITURES OF SUCH CANDIDATE AND AUTHORIZED COMMITTEE FOR ALL  COVERED
   31  ELECTIONS  HELD  IN  THE SAME CALENDAR YEAR OR FOR A SPECIAL ELECTION TO
   32  FILL A VACANCY, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS FUNDS
   33  TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH AUTHORIZED COMMITTEE
   34  FROM THE FUND DURING SUCH CALENDAR YEAR OR FOR  SUCH  SPECIAL  ELECTION.
   35  PARTICIPATING  CANDIDATES SHALL PAY TO THE BOARD UNSPENT PUBLIC CAMPAIGN
   36  FUNDS FROM AN ELECTION  NOT  LATER  THAN  TWENTY-SEVEN  DAYS  AFTER  ALL
   37  LIABILITIES  FOR THE ELECTION HAVE BEEN PAID AND IN ANY EVENT, NOT LATER
   38  THAN THE DAY ON WHICH THE BOARD ISSUES ITS FINAL AUDIT  REPORT  FOR  THE
   39  PARTICIPATING  CANDIDATE'S AUTHORIZED COMMITTEE; PROVIDED, HOWEVER, THAT
   40  ALL UNSPENT PUBLIC CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE SHALL BE
   41  IMMEDIATELY DUE AND PAYABLE TO THE BOARD UPON  A  DETERMINATION  BY  THE
   42  BOARD  THAT  THE  PARTICIPANT  HAS  DELAYED  THE  POST-ELECTION AUDIT. A
   43  PARTICIPATING CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES WITH  PUBLIC
   44  FUNDS ONLY FOR ROUTINE ACTIVITIES INVOLVING NOMINAL COST ASSOCIATED WITH
   45  WINDING  UP A CAMPAIGN AND RESPONDING TO THE POST-ELECTION AUDIT.  NOTH-
   46  ING IN THIS TITLE SHALL BE CONSTRUED TO PREVENT A CANDIDATE  OR  HIS  OR
   47  HER AUTHORIZED COMMITTEE FROM USING CAMPAIGN CONTRIBUTIONS RECEIVED FROM
   48  PRIVATE CONTRIBUTORS FOR OTHERWISE LAWFUL EXPENDITURES.
   49    3. THE BOARD SHALL PROMULGATE REGULATIONS FOR THE CERTIFICATION OF THE
   50  AMOUNT  OF  FUNDS  PAYABLE BY THE COMPTROLLER, FROM THE FUND ESTABLISHED
   51  PURSUANT TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW, TO A  PARTIC-
   52  IPATING  CANDIDATE  THAT  HAS  QUALIFIED  TO RECEIVE SUCH PAYMENT. THESE
   53  REGULATIONS SHALL INCLUDE THE PROMULGATION AND DISTRIBUTION OF FORMS  ON
   54  WHICH  CONTRIBUTIONS  AND  EXPENDITURES  ARE TO BE REPORTED, THE PERIODS
   55  DURING WHICH SUCH REPORTS MUST BE FILED AND THE  VERIFICATION  REQUIRED.
   56  THE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL MAKE POSSIBLE PAYMENT BY
       S. 6355--A                         52                         A. 8555--A
    1  THE  FUND  WITHIN FOUR BUSINESS DAYS AFTER RECEIPT OF THE REQUIRED FORMS
    2  AND VERIFICATIONS.
    3    S   14-210.   ENFORCEMENT  AND  PENALTIES  FOR  VIOLATIONS  AND  OTHER
    4  PROCEEDINGS.  1. CIVIL PENALTIES. VIOLATIONS OF ANY  PROVISION  OF  THIS
    5  TITLE  OR  RULE PROMULGATED PURSUANT TO THIS TITLE SHALL BE SUBJECT TO A
    6  CIVIL PENALTY IN AN AMOUNT NOT IN EXCESS OF FIFTEEN THOUSAND DOLLARS.
    7    2. NOTICE OF VIOLATION AND OPPORTUNITY TO CONTEST. THE BOARD SHALL:
    8    (A) DETERMINE WHETHER A VIOLATION OF ANY PROVISION OF  THIS  TITLE  OR
    9  RULE PROMULGATED HEREUNDER HAS BEEN COMMITTED;
   10    (B) GIVE WRITTEN NOTICE AND THE OPPORTUNITY TO CONTEST BEFORE AN INDE-
   11  PENDENT  HEARING  OFFICER  TO  EACH  PERSON  OR  ENTITY IT HAS REASON TO
   12  BELIEVE HAS COMMITTED A VIOLATION; AND
   13    (C) IF APPROPRIATE, ASSESS PENALTIES FOR  VIOLATIONS,  FOLLOWING  SUCH
   14  NOTICE AND OPPORTUNITY TO CONTEST.
   15    3.  CRIMINAL CONDUCT. ANY PERSON WHO KNOWINGLY AND WILLFULLY FURNISHES
   16  OR SUBMITS FALSE STATEMENTS OR INFORMATION TO THE  BOARD  IN  CONNECTION
   17  WITH  ITS ADMINISTRATION OF THIS TITLE, SHALL BE GUILTY OF A MISDEMEANOR
   18  IN ADDITION TO ANY OTHER PENALTY AS MAY BE IMPOSED UNDER THIS CHAPTER OR
   19  PURSUANT TO ANY OTHER LAW. THE BOARD SHALL SEEK TO  RECOVER  ANY  PUBLIC
   20  MATCHING FUNDS OBTAINED AS A RESULT OF SUCH CRIMINAL CONDUCT.
   21    4. PROCEEDINGS AS TO PUBLIC FINANCING. (A) THE DETERMINATION OF ELIGI-
   22  BILITY  PURSUANT  TO  THIS  TITLE  AND ANY QUESTION OR ISSUE RELATING TO
   23  PAYMENTS FOR  CAMPAIGN  EXPENDITURES  PURSUANT  TO  THIS  TITLE  MAY  BE
   24  CONTESTED  IN A PROCEEDING INSTITUTED IN THE SUPREME COURT, ALBANY COUN-
   25  TY, BY ANY AGGRIEVED CANDIDATE.
   26    (B) A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION  OF  ELIGIBILITY
   27  OR  PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO THIS CHAPTER
   28  SHALL BE INSTITUTED WITHIN FOURTEEN DAYS AFTER  SUCH  DETERMINATION  WAS
   29  MADE. THE BOARD SHALL BE MADE A PARTY TO ANY SUCH PROCEEDING.
   30    (C)  UPON THE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE FROM A PARTIC-
   31  IPATING CANDIDATE OR SUCH CANDIDATE'S  AUTHORIZED  COMMITTEE  AFTER  THE
   32  ISSUANCE  OF  WRITTEN  NOTICE  OF  SUCH  AMOUNT DUE, AS REQUIRED BY THIS
   33  TITLE, THE BOARD IS AUTHORIZED TO  INSTITUTE  A  SPECIAL  PROCEEDING  OR
   34  CIVIL  ACTION  IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A JUDGMENT FOR
   35  ANY AMOUNTS DETERMINED TO BE PAYABLE TO THE BOARD  AS  A  RESULT  OF  AN
   36  EXAMINATION  AND  AUDIT  MADE  PURSUANT  TO THIS TITLE OR TO OBTAIN SUCH
   37  AMOUNTS DIRECTLY FROM THE CANDIDATE  OR  AUTHORIZED  COMMITTEE  AFTER  A
   38  HEARING AT THE STATE BOARD OF ELECTIONS.
   39    (D) THE BOARD IS AUTHORIZED TO INSTITUTE A SPECIAL PROCEEDING OR CIVIL
   40  ACTION  IN  SUPREME COURT, ALBANY COUNTY, TO OBTAIN A JUDGMENT FOR CIVIL
   41  PENALTIES DETERMINED TO BE PAYABLE TO THE BOARD PURSUANT TO  THIS  TITLE
   42  OR TO IMPOSE SUCH PENALTY DIRECTLY AFTER A HEARING AT THE STATE BOARD OF
   43  ELECTIONS.
   44    S  14-211.  REPORTS. THE BOARD SHALL REVIEW AND EVALUATE THE EFFECT OF
   45  THIS TITLE UPON THE CONDUCT OF ELECTION CAMPAIGNS  AND  SHALL  SUBMIT  A
   46  REPORT TO THE LEGISLATURE ON OR BEFORE JANUARY FIRST, TWO THOUSAND NINE-
   47  TEEN,  AND  EVERY  THIRD YEAR THEREAFTER, AND AT ANY OTHER TIME UPON THE
   48  REQUEST OF THE GOVERNOR AND AT SUCH  OTHER  TIMES  AS  THE  BOARD  DEEMS
   49  APPROPRIATE. THESE REPORTS SHALL INCLUDE:
   50    1.  A  LIST  OF  THE  PARTICIPATING AND NONPARTICIPATING CANDIDATES IN
   51  COVERED ELECTIONS AND THE VOTES RECEIVED  BY  EACH  CANDIDATE  IN  THOSE
   52  ELECTIONS;
   53    2.  THE  AMOUNT  OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES
   54  MADE, ON BEHALF OF THESE CANDIDATES;
   55    3. THE AMOUNT OF PUBLIC MATCHING FUNDS  EACH  PARTICIPATING  CANDIDATE
   56  RECEIVED, SPENT, AND REPAID PURSUANT TO THIS TITLE;
       S. 6355--A                         53                         A. 8555--A
    1    4.  ANALYSIS  OF  THE  EFFECT  OF  THIS  TITLE ON POLITICAL CAMPAIGNS,
    2  INCLUDING ITS EFFECT ON THE SOURCES AND AMOUNTS  OF  PRIVATE  FINANCING,
    3  THE  LEVEL  OF CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE NUMBER OF
    4  CANDIDATES, THE CANDIDATES' ABILITY TO CAMPAIGN EFFECTIVELY  FOR  PUBLIC
    5  OFFICE,  AND  THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
    6  AND
    7    5. RECOMMENDATIONS FOR AMENDMENTS TO THIS TITLE, INCLUDING CHANGES  IN
    8  CONTRIBUTION  LIMITS, THRESHOLDS FOR ELIGIBILITY, AND ANY OTHER FEATURES
    9  OF THE SYSTEM.
   10    S 14-212. DEBATES FOR CANDIDATES FOR  STATEWIDE  OFFICE.    THE  BOARD
   11  SHALL  PROMULGATE  REGULATIONS TO FACILITATE DEBATES AMONG PARTICIPATING
   12  CANDIDATES WHO SEEK ELECTION TO STATEWIDE OFFICE.  PARTICIPATING  CANDI-
   13  DATES ARE REQUIRED TO PARTICIPATE IN ONE DEBATE BEFORE EACH ELECTION FOR
   14  WHICH  THE  CANDIDATE  RECEIVES  PUBLIC  FUNDS, UNLESS THE PARTICIPATING
   15  CANDIDATE IS RUNNING UNOPPOSED. NONPARTICIPATING CANDIDATES MAY  PARTIC-
   16  IPATE IN SUCH DEBATES.
   17    S  14-213. SEVERABILITY.   IF ANY CLAUSE, SENTENCE, SUBDIVISION, PARA-
   18  GRAPH, SECTION OR PART OF THIS TITLE BE ADJUDGED BY ANY COURT OF  COMPE-
   19  TENT  JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR
   20  OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
   21  TION TO THE CLAUSE, SENTENCE, SUBDIVISION, PARAGRAPH,  SECTION  OR  PART
   22  THEREOF  DIRECTLY  INVOLVED  IN  THE  CONTROVERSY IN WHICH SUCH JUDGMENT
   23  SHALL HAVE BEEN RENDERED.
   24    S 8. The state finance law is amended by adding a new section 92-t  to
   25  read as follows:
   26    S  92-T.  NEW  YORK  STATE  CAMPAIGN  FINANCE FUND. 1. THERE IS HEREBY
   27  ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
   28  COMMISSIONER  OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW YORK
   29  STATE CAMPAIGN FINANCE FUND.
   30    2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE NEW  YORK
   31  STATE  CAMPAIGN  FINANCE  FUND  CHECK-OFF  PURSUANT TO SUBSECTION (F) OF
   32  SECTION SIX HUNDRED FIFTY-EIGHT OF THE TAX LAW, FROM THE ABANDONED PROP-
   33  ERTY FUND PURSUANT TO SECTION NINETY-FIVE  OF  THIS  ARTICLE,  FROM  THE
   34  GENERAL  FUND, AND FROM ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO
   35  FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.   SUCH  FUND  SHALL  ALSO
   36  RECEIVE  CONTRIBUTIONS FROM PRIVATE INDIVIDUALS, ORGANIZATIONS, OR OTHER
   37  PERSONS TO FULFILL THE PURPOSES OF THE PUBLIC FINANCING SYSTEM.
   38    3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
   39  BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO  CANDIDATES  PURSUANT
   40  TO  TITLE II OF ARTICLE FOURTEEN OF THE ELECTION LAW AND FOR ADMINISTRA-
   41  TIVE EXPENSES RELATED TO THE IMPLEMENTATION OF ARTICLE FOURTEEN  OF  THE
   42  ELECTION  LAW.  MONEYS  SHALL BE PAID OUT OF THE FUND BY THE STATE COMP-
   43  TROLLER ON  VOUCHERS  CERTIFIED  OR  APPROVED  BY  THE  STATE  BOARD  OF
   44  ELECTIONS,   OR  ITS  DULY  DESIGNATED  REPRESENTATIVE,  IN  THE  MANNER
   45  PRESCRIBED BY LAW, NOT MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS
   46  RECEIVED BY THE STATE COMPTROLLER.
   47    4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  IF,  IN  ANY
   48  STATE  FISCAL  YEAR, THE STATE CAMPAIGN FINANCE FUND LACKS THE AMOUNT OF
   49  MONEY TO PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES  AND  CERTIFIED
   50  OR  APPROVED  BY THE STATE BOARD OF ELECTIONS, ANY SUCH DEFICIENCY SHALL
   51  BE PAID BY THE STATE COMPTROLLER, FROM FUNDS DEPOSITED  IN  THE  GENERAL
   52  FUND  OF THE STATE NOT MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS
   53  RECEIVED BY THE STATE COMPTROLLER.
   54    5. COMMENCING IN TWO THOUSAND SIXTEEN, IF THE SURPLUS IN THE  FUND  ON
   55  APRIL  FIRST  OF  THE  YEAR  AFTER A YEAR IN WHICH A GOVERNOR IS ELECTED
   56  EXCEEDS TWENTY-FIVE PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER  THE
       S. 6355--A                         54                         A. 8555--A
    1  PREVIOUS  FOUR YEARS, THE EXCESS SHALL REVERT TO THE GENERAL FUND OF THE
    2  STATE.
    3    6.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
    4  PRIMARY  ELECTION  ANY  EARLIER  THAN  THIRTY  DAYS  AFTER   DESIGNATING
    5  PETITIONS,  INDEPENDENT  NOMINATING  PETITIONS, OR CERTIFICATES OF NOMI-
    6  NATION HAVE BEEN FILED AND NOT LESS THAN  FORTY-FIVE  DAYS  BEFORE  SUCH
    7  ELECTION.
    8    7.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
    9  GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF  THE  PRIMARY
   10  ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
   11    8.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
   12  SPECIAL ELECTION ANY EARLIER THAN THE DAY AFTER THE  LAST  DAY  TO  FILE
   13  CERTIFICATES OF PARTY NOMINATION FOR SUCH SPECIAL ELECTION.
   14    9.  NO  PUBLIC  FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
   15  HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN  DECLARED
   16  INVALID  BY  THE  APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
   17  JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER COURT
   18  IN A FINAL JUDGMENT.  NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH
   19  A CANDIDATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON THE  DATE  OF
   20  SUCH DISQUALIFICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY
   21  PURPOSE  EXCEPT  THE  PAYMENT  OF LIABILITIES INCURRED BEFORE SUCH DATE.
   22  ALL SUCH MONEYS SHALL BE REPAID TO THE FUND.
   23    S 9. Section 95 of the state finance law is amended by  adding  a  new
   24  subdivision 5 to read as follows:
   25    5.  NOTWITHSTANDING  ANY  PROVISION  OF  THIS  SECTION AUTHORIZING THE
   26  TRANSFER OF ANY MONEYS IN THE ABANDONED PROPERTY  FUND  TO  THE  GENERAL
   27  FUND, IN JANUARY OF EACH YEAR IN WHICH A STATE GENERAL ELECTION IS TO BE
   28  HELD  PURSUANT  TO LAW, OR AT LEAST SIX WEEKS PRIOR TO ANY STATE SPECIAL
   29  ELECTION, THE COMPTROLLER, UPON WARRANT OR VOUCHER BY  THE  CHAIRMAN  OF
   30  THE  CAMPAIGN FINANCE BOARD OR HIS OR HER DULY APPOINTED REPRESENTATIVE,
   31  SHALL TRANSFER MONEYS OF THE ABANDONED PROPERTY FUND INTO  THE  CAMPAIGN
   32  FINANCE  FUND PURSUANT TO SECTION NINETY-TWO-T OF THIS ARTICLE. ON MARCH
   33  THIRTY-FIRST OF THE YEAR FOLLOWING  SUCH  GENERAL  ELECTION  YEAR,  SUCH
   34  CHAIRMAN  SHALL  TRANSFER  TO THE GENERAL FUND ANY SURPLUS MONEYS OF THE
   35  CAMPAIGN FINANCE FUND AS OF SUCH DATE.
   36    S 10. Section 658 of the tax law is amended by adding a new subsection
   37  (f) to read as follows:
   38    (F) NEW YORK STATE CAMPAIGN FINANCE FUND CHECK-OFF. (1) FOR EACH TAXA-
   39  BLE YEAR BEGINNING ON AND AFTER JANUARY FIRST,  TWO  THOUSAND  FOURTEEN,
   40  EVERY  RESIDENT  TAXPAYER  WHOSE NEW YORK STATE INCOME TAX LIABILITY FOR
   41  THE TAXABLE YEAR FOR WHICH THE RETURN IS FILED IS FORTY DOLLARS OR  MORE
   42  MAY  DESIGNATE  ON  SUCH  RETURN THAT FORTY DOLLARS BE PAID INTO THE NEW
   43  YORK STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T  OF
   44  THE  STATE FINANCE LAW. WHERE A HUSBAND AND WIFE FILE A JOINT RETURN AND
   45  HAVE A NEW YORK STATE INCOME TAX LIABILITY  FOR  THE  TAXABLE  YEAR  FOR
   46  WHICH  THE  RETURN  IS FILED IS EIGHTY DOLLARS OR MORE, OR FILE SEPARATE
   47  RETURNS ON A SINGLE FORM, EACH SUCH TAXPAYER MAY  MAKE  SEPARATE  DESIG-
   48  NATIONS  ON  SUCH  RETURN  OF FORTY DOLLARS TO BE PAID INTO THE NEW YORK
   49  STATE CAMPAIGN FINANCE FUND.
   50    (2) THE COMMISSIONER SHALL TRANSFER TO THE  NEW  YORK  STATE  CAMPAIGN
   51  FINANCE  FUND, ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE STATE
   52  FINANCE LAW, AN AMOUNT EQUAL TO FORTY DOLLARS MULTIPLIED BY  THE  NUMBER
   53  OF DESIGNATIONS.
   54    (3)  FOR  PURPOSES  OF THIS SUBSECTION, THE INCOME TAX LIABILITY OF AN
   55  INDIVIDUAL FOR ANY TAXABLE YEAR IS THE AMOUNT OF TAX IMPOSED UNDER  THIS
       S. 6355--A                         55                         A. 8555--A
    1  ARTICLE  REDUCED  BY  THE  SUM  OF  THE  CREDITS (AS SHOWN IN HIS OR HER
    2  RETURN) ALLOWABLE UNDER THIS ARTICLE.
    3    (4)  THE DEPARTMENT SHALL INCLUDE A PLACE ON EVERY PERSONAL INCOME TAX
    4  RETURN FORM TO BE FILED BY AN INDIVIDUAL FOR A TAX YEAR BEGINNING ON  OR
    5  AFTER  JANUARY  FIRST,  TWO THOUSAND FOURTEEN, FOR SUCH TAXPAYER TO MAKE
    6  THE DESIGNATIONS DESCRIBED IN PARAGRAPH ONE  OF  THIS  SUBSECTION.  SUCH
    7  RETURN  FORM  SHALL CONTAIN A CONCISE EXPLANATION OF THE PURPOSE OF SUCH
    8  OPTIONAL DESIGNATIONS.
    9    S 11. Severability. If any clause, sentence,  subdivision,  paragraph,
   10  section  or part of title II of article 14 of the election law, as added
   11  by section seven of this act be  adjudged  by  any  court  of  competent
   12  jurisdiction  to  be  invalid, such judgment shall not affect, impair or
   13  invalidate the remainder thereof, but shall be confined in its operation
   14  to the clause, sentence, subdivision, paragraph, section or part thereof
   15  directly involved in the controversy in which such judgment  shall  have
   16  been rendered.
   17    S  12.  This act shall take effect immediately; provided, however, all
   18  state legislative candidates will be eligible to participate  in  volun-
   19  tary  public  financing beginning with the 2016 primary election and all
   20  other  state  candidates,  including  those  in  irregularly   scheduled
   21  elections, will be eligible to particulate in voluntary public financing
   22  beginning with the 2018 primary election.
   23    S  2.  Severability.  If any clause, sentence, subdivision, paragraph,
   24  section, subpart or part of this act be adjudged by any court of  compe-
   25  tent  jurisdiction to be invalid, such judgment shall not affect, impair
   26  or invalidate the remainder thereof, but shall be confined in its opera-
   27  tion to the clause, sentence, subdivision, paragraph,  section,  subpart
   28  or part thereof directly involved in the controversy in which such judg-
   29  ment shall have been rendered. It is hereby declared to be the intent of
   30  the  legislature  that  this  act  would  have been enacted even if such
   31  invalid provisions had not been included herein.
   32    S 3. This act shall take effect immediately, provided,  however,  that
   33  the applicable effective dates of Subparts A through D of this act shall
   34  be as specifically set forth in the last section of such Subparts.
   35                                   PART I
   36    Section  1. The state comptroller is hereby authorized and directed to
   37  loan money in accordance with the provisions set forth in subdivision  5
   38  of  section  4  of  the  state finance law to the following funds and/or
   39  accounts:
   40    1. Tuition reimbursement account (20451).
   41    2. Proprietary vocational school supervision account (20452).
   42    3. Local government records management account (20501).
   43    4. Child health plus program account (20810).
   44    5. Hospital based grants program account (20812).
   45    6. EPIC premium account (20818).
   46    7. Education - New (20901).
   47    8. VLT - Sound basic education fund (20904).
   48    9.  Sewage  treatment  program  management  and  administration   fund
   49  (21000).
   50    10. Hazardous bulk storage account (21061).
   51    11. Federal grants indirect cost recovery account (21065).
   52    12. Low level radioactive waste account (21066).
   53    13. Recreation account (21067).
   54    14. Public safety recovery account (21077).
       S. 6355--A                         56                         A. 8555--A
    1    15. Conservationist magazine account (21080).
    2    16. Environmental regulatory account (21081).
    3    17. Natural resource account (21082).
    4    18. Mined land reclamation program account (21084).
    5    19. Great lakes restoration initiative account (21087).
    6    20. Environmental protection and oil spill compensation fund (21200).
    7    21. Public transportation systems account (21401).
    8    22. Metropolitan mass transportation (21402).
    9    23. Operating permit program account (21451).
   10    24. Mobile source account (21452).
   11    25.   Statewide  planning  and  research  cooperative  system  account
   12  (21902).
   13    26. OPWDD provider of service account (21903).
   14    27. Mental hygiene program fund account (21907).
   15    28. Mental hygiene patient income account (21909).
   16    29. Financial control board account (21911).
   17    30. Regulation of racing account (21912).
   18    31. New York Metropolitan Transportation Council account (21913).
   19    32. Cyber upgrade account (21919).
   20    33. State university dormitory income reimbursable account (21937).
   21    34. Energy research account (21943).
   22    35. Criminal justice improvement account (21945).
   23    36. Fingerprint identification and technology account (21950).
   24    37. Environmental laboratory reference fee account (21959).
   25    38. Clinical laboratory reference system assessment account (21962).
   26    39. Public employment relations board account (21964).
   27    40. Indirect cost recovery account (21978).
   28    41. High school equivalency program account (21979).
   29    42. Multi-agency training account (21989).
   30    43. Bell jar collection account (22003).
   31    44. Industry and utility service account (22004).
   32    45. Real property disposition account (22006).
   33    46. Parking account (22007).
   34    47. Asbestos safety training program account (22009).
   35    48. Batavia school for the blind account (22032).
   36    49. Investment services account (22034).
   37    50. Surplus property account (22036).
   38    51. Financial oversight account (22039).
   39    52. Regulation of indian gaming account (22046).
   40    53. Rome school for the deaf account (22053).
   41    54. Seized assets account (22054).
   42    55. Administrative adjudication account (22055).
   43    56. Federal salary sharing account (22056).
   44    57. New York City assessment account (22062).
   45    58. Cultural education account (22063).
   46    59. Local services account (22078).
   47    60. DHCR mortgage servicing account (22085).
   48    61. Department of motor vehicles compulsory insurance account (22087).
   49    62. Housing indirect cost recovery account (22090).
   50    63. Accident prevention course program account (22094).
   51    64. DHCR-HCA application fee account (22100).
   52    65. Low income housing monitoring account (22130).
   53    66. Corporation administration account (22135).
   54    67. Montrose veteran's home account (22144).
   55    68. Deferred compensation administration account (22151).
   56    69. Rent revenue other New York City account (22156).
       S. 6355--A                         57                         A. 8555--A
    1    70. Rent revenue account (22158).
    2    71. Tax revenue arrearage account (22168).
    3    72. State university general income offset account (22654).
    4    73. State police motor vehicle law enforcement account (22802).
    5    74. Highway safety program account (23001).
    6    75. EFC drinking water program account (23101).
    7    76. DOH drinking water program account (23102).
    8    77. NYCCC operating offset account (23151).
    9    78. Commercial gaming revenue account (23701).
   10    79. Commercial gaming regulation account (23702).
   11    80. Highway and bridge capital account (30051).
   12    81. State university residence hall rehabilitation fund (30100).
   13    82. State parks infrastructure account (30351).
   14    83. Clean water/clean air implementation fund (30500).
   15    84. Hazardous waste remedial cleanup account (31506).
   16    85. Youth facilities improvement account (31701).
   17    86. Housing assistance fund (31800).
   18    87. Housing program fund (31850).
   19    88. Highway facility purpose account (31951).
   20    89.  Miscellaneous capital projects fund, information technology capi-
   21  tal financing account.
   22    90. New York racing account (32213).
   23    91. Mental hygiene facilities capital improvement fund (32300).
   24    92. Correctional facilities capital improvement fund (32350).
   25    93. New York State Storm Recovery Capital Fund (33000).
   26    94. OGS convention center account (50318).
   27    95. Centralized services fund (55000).
   28    96. Archives records management account (55052).
   29    97. Federal single audit account (55053).
   30    98. Civil service law section II administrative account (55055).
   31    99. Civil service EHS occupational health program account (55056).
   32    100. Banking services account (55057).
   33    101. Cultural resources survey account (55058).
   34    102. Neighborhood work project (55059).
   35    103. Automation & printing chargeback account (55060).
   36    104. OFT NYT account (55061).
   37    105. Data center account (55062).
   38    106. Human service telecom account (55063).
   39    107. Intrusion detection account (55066).
   40    108. Domestic violence grant account (55067).
   41    109. Centralized technology services account (55069).
   42    110. Labor contact center account (55071).
   43    111. Human services contact center account (55072).
   44    112. Tax contact center account (55073).
   45    113. Joint labor/management administration fund (55201).
   46    114. Executive direction internal audit account (55251).
   47    115. CIO Information technology centralized services account (55252).
   48    116. Health insurance internal service account (55300).
   49    117. Civil service employee benefits division  administrative  account
   50  (55301).
   51    118. Correctional industries revolving fund (55350).
   52    119. Employees health insurance account (60201).
   53    120. Medicaid management information system escrow fund (60900).
   54    S 1-a. The state comptroller is hereby authorized and directed to loan
   55  money  in  accordance  with the provisions set forth in subdivision 5 of
   56  section 4 of the state finance law to any account within  the  following
       S. 6355--A                         58                         A. 8555--A
    1  federal  funds,  provided  the comptroller has made a determination that
    2  sufficient federal grant award authority is available to reimburse  such
    3  loans:
    4    1. Federal USDA-food and nutrition services fund. (25000).
    5    2. Federal health and human services fund (25100).
    6    3. Federal education fund (25200).
    7    4. Federal block grant fund (25250).
    8    5. Federal miscellaneous operating grants fund. (25300)
    9    6. Federal unemployment insurance administration fund (25900).
   10    7. Federal unemployment insurance occupational training fund (25950).
   11    8. Federal emergency employment act fund (26000).
   12    9. Federal capital projects fund (31350).
   13    S  2.  Notwithstanding any law to the contrary, and in accordance with
   14  section 4 of the state finance law, the comptroller is hereby authorized
   15  and directed to transfer, upon request of the director of the budget, on
   16  or before March 31, 2015, up to the unencumbered balance or the  follow-
   17  ing amounts:
   18    Economic Development and Public Authorities:
   19    1.  $175,000  from the miscellaneous special revenue fund, underground
   20  facilities safety training account (22172), to the general fund.
   21    2. An amount up to the unencumbered  balance  from  the  miscellaneous
   22  special  revenue  fund, business and licensing services account (21977),
   23  to the general fund.
   24    3. $14,810,000 from  the  miscellaneous  special  revenue  fund,  code
   25  enforcement account (21904), to the general fund.
   26    4.  $3,000,000  from  the  general  fund  to the miscellaneous special
   27  revenue fund, tax revenue arrearage account (22168).
   28    5. $350,000  from  the  state  exposition  special  fund,  state  fair
   29  receipts account (50051), to the general fund.
   30    Education:
   31    1.  $2,265,000,000  from  the  general fund to the state lottery fund,
   32  education account (20901), as reimbursement for disbursements made  from
   33  such  fund for supplemental aid to education pursuant to section 92-c of
   34  the state finance law that are in excess of  the  amounts  deposited  in
   35  such fund for such purposes pursuant to section 1612 of the tax law.
   36    2.  $950,604,000  from the general fund to the state lottery fund, VLT
   37  education account (20904), as reimbursement for disbursements made  from
   38  such  fund for supplemental aid to education pursuant to section 92-c of
   39  the state finance law that are in excess of  the  amounts  deposited  in
   40  such fund for such purposes pursuant to section 1612 of the tax law.
   41    3.  Moneys  from  the  state lottery fund up to an amount deposited in
   42  such fund pursuant to section 1612 of the  tax  law  in  excess  of  the
   43  current year appropriation for supplemental aid to education pursuant to
   44  section 92-c of the state finance law.
   45    4.  $300,000  from the local government records management improvement
   46  fund (20500) to the archives partnership trust fund (20350).
   47    5. $900,000 from the general fund to the miscellaneous special revenue
   48  fund, Batavia school for the blind account (22032).
   49    6. $900,000 from the general fund to the miscellaneous special revenue
   50  fund, Rome school for the deaf account (22053).
   51    7. $343,400,000  from  the  state  university  dormitory  income  fund
   52  (40350)  to  the  miscellaneous  special  revenue fund, state university
   53  dormitory income reimbursable account (21937).
   54    8. $24,000,000 from any of  the  state  education  department  special
   55  revenue  and internal service funds to the miscellaneous special revenue
   56  fund, indirect cost recovery account (21978).
       S. 6355--A                         59                         A. 8555--A
    1    9. $8,318,000 from the general fund to  the  state  university  income
    2  fund,  state  university  income offset account (22654), for the state's
    3  share of repayment of the STIP loan.
    4    10. $64,000,000 from the state university income fund, state universi-
    5  ty hospitals income reimbursable account (22656) to the general fund for
    6  hospital  debt  service  for  the period April 1, 2014 through March 31,
    7  2015.
    8    Environmental Affairs:
    9    1. $16,000,000 from any of the department of  environmental  conserva-
   10  tion's  special  revenue federal funds to the environmental conservation
   11  special revenue fund, federal indirect recovery account (21065).
   12    2. $2,000,000 from any of the department  of  environmental  conserva-
   13  tion's  special revenue federal funds to the conservation fund as neces-
   14  sary to avoid diversion of conservation funds.
   15    3. $3,000,000 from any of the office of parks, recreation and historic
   16  preservation capital projects federal funds and special revenue  federal
   17  funds  to the miscellaneous special revenue fund, federal grant indirect
   18  cost recovery account (22188).
   19    4. $1,000,000 from any of the office of parks, recreation and historic
   20  preservation special revenue federal funds to the miscellaneous  special
   21  revenue fund, I love NY water account (21930).
   22    Family Assistance:
   23    1. $10,000,000 from any of the office of children and family services,
   24  office  of  temporary and disability assistance, or department of health
   25  special revenue federal funds and the general fund, in  accordance  with
   26  agreements  with social services districts, to the miscellaneous special
   27  revenue fund, office of human resources development state match  account
   28  (21967).
   29    2.  $3,000,000  from any of the office of children and family services
   30  or office of temporary and disability assistance special revenue federal
   31  funds to the miscellaneous special revenue fund, family preservation and
   32  support services and family violence services account (22082).
   33    3. $18,670,000 from any of the office of children and family services,
   34  office of temporary and disability assistance, or department  of  health
   35  special  revenue  federal  funds  and  any  other miscellaneous revenues
   36  generated from the operation of office of children and  family  services
   37  programs to the general fund.
   38    4.  $140,000,000  from  any  of the office of temporary and disability
   39  assistance or department of health special revenue funds to the  general
   40  fund.
   41    5.  $2,500,000  from  any  of  the  office of temporary and disability
   42  assistance or office of children and  family  services  special  revenue
   43  federal  funds  to  the  miscellaneous  special  revenue fund, office of
   44  temporary and disability assistance program account (21980).
   45    6. $35,000,000 from any of the office of children and family services,
   46  office of temporary and disability assistance, department of labor,  and
   47  department  of  health  special  revenue  federal funds to the office of
   48  children and family services miscellaneous special revenue fund,  multi-
   49  agency training contract account (21989).
   50    7.  $122,000,000  from  the  miscellaneous special revenue fund, youth
   51  facility per Diem account (22186), to the general fund.
   52    8. $621,850 from the general fund to the combined gifts,  grants,  and
   53  bequests fund, WB Hoyt Memorial account (20128).
   54    9.  $2,500,000  from  the  miscellaneous  special  revenue fund, state
   55  central registry (22028) to the general fund.
   56    General Government:
       S. 6355--A                         60                         A. 8555--A
    1    1. $1,566,000 from the miscellaneous special revenue fund, examination
    2  and miscellaneous revenue account (22065) to the general fund.
    3    2. $12,500,000 from the general fund to the health insurance revolving
    4  fund (55300).
    5    3.  $192,400,000  from  the  health  insurance  reserve  receipts fund
    6  (60550) to the general fund.
    7    4. $150,000 from the general fund to the not-for-profit revolving loan
    8  fund (20650).
    9    5. $150,000 from the not-for-profit revolving loan fund (20650) to the
   10  general fund.
   11    6. $30,000,000 from the miscellaneous special revenue fund, real prop-
   12  erty disposition account (22006), to the general fund.
   13    7. $3,000,000 from the miscellaneous  special  revenue  fund,  surplus
   14  property account (22036), to the general fund.
   15    8.  $19,900,000  from  the  general  fund to the miscellaneous special
   16  revenue fund, alcoholic beverage control account (22033).
   17    9. $23,000,000 from the miscellaneous special  revenue  fund,  revenue
   18  arrearage account (22024), to the general fund.
   19    10.  $1,826,000  from  the miscellaneous special revenue fund, revenue
   20  arrearage account (22024), to the miscellaneous  special  revenue  fund,
   21  authority budget office account (22138).
   22    11.  $1,000,000  from  the miscellaneous special revenue fund, parking
   23  services account (22007), to the general fund, for the purpose of  reim-
   24  bursing the costs of debt service related to state parking facilities.
   25    12.  $21,800,000  from  the general fund to the internal service fund,
   26  COPS account (55013).
   27    13. $14,000,000 from the general fund to the agencies internal service
   28  fund, central technology services account (55069), for  the  purpose  of
   29  enterprise technology projects.
   30    Health:
   31    1. $64,600,000 from the miscellaneous special revenue fund, quality of
   32  care account (21915) to the general fund.
   33    2.  $1,000,000 from the general fund to the combined gifts, grants and
   34  bequests fund, breast cancer research and education account (20155),  an
   35  amount  equal to the monies collected and deposited into that account in
   36  the previous fiscal year.
   37    3. $1,464,000 from any of the department of health accounts within the
   38  federal health and human services  fund  to  the  department  of  health
   39  miscellaneous  special  revenue  fund,  statewide  planning and research
   40  cooperation system (SPARCS) program account (21902).
   41    4. $250,000 from the general fund to the combined  gifts,  grants  and
   42  bequests  fund,  prostate  cancer  research,  detection,  and  education
   43  account (20183), an amount equal to the moneys collected  and  deposited
   44  into that account in the previous fiscal year.
   45    5.  $500,000  from  the general fund to the combined gifts, grants and
   46  bequests fund,  Alzheimer's  disease  research  and  assistance  account
   47  (20143), an amount equal to the moneys collected and deposited into that
   48  account in the previous fiscal year.
   49    6.  $26,527,000 from the HCRA resources fund (20800), to the miscella-
   50  neous special revenue fund, empire state stem cell  trust  fund  account
   51  (22161).
   52    7.  $11,373,000  from  the  general  fund to the miscellaneous special
   53  revenue fund, empire state stem cell trust fund (22161).
   54    8. $64,600,000 from any of the department of  health  accounts  within
   55  the  federal health and human services fund to the miscellaneous special
   56  revenue fund, quality of care account (21915).
       S. 6355--A                         61                         A. 8555--A
    1    9. $4,000,000 from the miscellaneous special revenue fund, certificate
    2  of need account (21920), to the  miscellaneous  capital  projects  fund,
    3  healthcare IT capital subfund.
    4    10.  $3,000,000  from the miscellaneous special revenue fund, adminis-
    5  tration program account (21982), to the miscellaneous  capital  projects
    6  fund, healthcare IT capital subfund.
    7    11.  $3,000,000  from  the  miscellaneous  special revenue fund, vital
    8  records account (22103), to the  miscellaneous  capital  projects  fund,
    9  healthcare IT capital subfund.
   10    12.  $65,000,000  from  the HCRA resources fund (20800) to the capital
   11  projects fund (30000), for the purpose of funding the  statewide  health
   12  information network for New York and the all payers claims database.
   13    13.  $3,700,000  from  the  miscellaneous  New York state agency fund,
   14  Medicaid recoveries account (60615), to the general fund.
   15    Labor:
   16    1. $400,000 from the miscellaneous special revenue fund, DOL  fee  and
   17  penalty account (21923), to the child performer's protection fund, child
   18  performer protection account (20401).
   19    2. $8,400,000 from the miscellaneous special revenue fund, DOL fee and
   20  penalty account (21923), to the general fund.
   21    3.  $3,300,000  from  the  unemployment insurance interest and penalty
   22  fund,  unemployment  insurance  special  interest  and  penalty  account
   23  (23601), to the general fund.
   24    Mental Hygiene:
   25    1.  $10,000,000  from  the  miscellaneous special revenue fund, mental
   26  hygiene patient income account (21909),  to  the  miscellaneous  special
   27  revenue fund, federal salary sharing account (22056).
   28    2.  $100,000,000  from  the miscellaneous special revenue fund, mental
   29  hygiene patient income account (21909),  to  the  miscellaneous  special
   30  revenue fund, provider of service accounts (21903).
   31    3.  $100,000,000  from  the miscellaneous special revenue fund, mental
   32  hygiene program fund  account  (21907),  to  the  miscellaneous  special
   33  revenue fund, provider of service account (21903).
   34    4.  $1,250,000,000  from the general fund to the miscellaneous special
   35  revenue fund, mental hygiene patient income account (21909).
   36    5. $1,600,000,000 from the general fund to the  miscellaneous  special
   37  revenue fund, mental hygiene program fund account (21907).
   38    6.  $100,000,000  from  the miscellaneous special revenue fund, mental
   39  hygiene program fund account (21907), to the general fund.
   40    7. $100,000,000 from the miscellaneous special  revenue  fund,  mental
   41  hygiene patient income account (21909), to the general fund.
   42    Public Protection:
   43    1.  $1,350,000  from the miscellaneous special revenue fund, emergency
   44  management account (21944), to the general fund.
   45    2. $3,300,000 from the  general  fund  to  the  miscellaneous  special
   46  revenue fund, recruitment incentive account (22171).
   47    3.  $13,000,000  from  the general fund to the correctional industries
   48  revolving  fund,  correctional  industries  internal   service   account
   49  (55350).
   50    4.  $12,000,000  from the federal miscellaneous operating grants fund,
   51  DMNA damage account (25324), to the general fund.
   52    5. $14,300,000 from the general  fund  to  the  miscellaneous  special
   53  revenue fund, crimes against revenue program account (22015).
   54    6.  $9,100,000  from  the miscellaneous special revenue fund, criminal
   55  justice improvement account (21945), to the general fund.
       S. 6355--A                         62                         A. 8555--A
    1    7. $50,000,000 from the miscellaneous special revenue fund,  statewide
    2  public safety communications account (22123), to the general fund.
    3    8.  $106,000,000  from  the state police motor vehicle law enforcement
    4  and motor vehicle theft  and  insurance  fraud  prevention  fund,  state
    5  police  motor  vehicle  enforcement account (22802), to the general fund
    6  for state operation expenses of the division of state police.
    7    9. $21,500,000 from the general fund to  the  correctional  facilities
    8  capital improvement fund (32350).
    9    10.  $5,000,000  from  the  general  fund to the dedicated highway and
   10  bridge trust fund (30050) for the purpose of work zone safety activities
   11  provided by the division of state police for the department of transpor-
   12  tation.
   13    11. $5,000,000 from the miscellaneous special revenue fund,  statewide
   14  public  safety  communications  account (22123), to the capital projects
   15  fund (30000).
   16    12. $2,000,000 from the  miscellaneous  special  revenue  fund,  legal
   17  services assistance account (22096), to the general fund.
   18    Transportation:
   19    1. $17,672,000 from the federal miscellaneous operating grants fund to
   20  the  miscellaneous special revenue fund, New York Metropolitan Transpor-
   21  tation Council account (21913).
   22    2. $20,147,000 from the federal capital projects fund to the miscella-
   23  neous special revenue fund, New York Metropolitan Transportation Council
   24  account (21913).
   25    3. $15,700,000 from the miscellaneous special revenue fund, compulsory
   26  insurance account (22087), to the general fund.
   27    4. $12,000,000 from the general fund to the mass transportation  oper-
   28  ating  assistance  fund, public transportation systems operating assist-
   29  ance account (21401).
   30    5. $662,483,000 from the general fund to  the  dedicated  highway  and
   31  bridge trust fund (30050).
   32    6.  $606,000  from  the  miscellaneous  special revenue fund, accident
   33  prevention course program account (22094), to the general fund.
   34    7. $6,000 from the  miscellaneous  special  revenue  fund,  motorcycle
   35  safety account (21976), to the general fund.
   36    8.  $309,250,000 from the general fund to the MTA financial assistance
   37  fund, mobility tax trust account (23651).
   38    9. $40,000,000 from the mass transportation operating assistance fund,
   39  metropolitan mass transportation operating assistance  account  (21402),
   40  to  the  general  debt  service  fund  (40150), for reimbursement of the
   41  state's expenses in connection with payments of debt service and related
   42  expenses for the metropolitan transportation authority's  state  service
   43  contract bonds.
   44    10. $2,500,000 from the miscellaneous special revenue fund, rail safe-
   45  ty  inspection account (21983) to the dedicated highway and bridge trust
   46  fund (30050).
   47    11. $5,000,000 from the miscellaneous special revenue fund,  transpor-
   48  tation  regulation  account  (22067) to the dedicated highway and bridge
   49  trust fund (30050), for disbursements made  from  such  fund  for  motor
   50  carrier  safety that are in excess of the amounts deposited in the dedi-
   51  cated highway and bridge trust fund (30050) for such purpose pursuant to
   52  section 94 of the transportation law.
   53    Miscellaneous:
   54    1. $150,000,000 from the general fund to any funds or accounts for the
   55  purpose of reimbursing certain outstanding accounts receivable balances.
       S. 6355--A                         63                         A. 8555--A
    1    2. $500,000,000 from the general fund to the  debt  reduction  reserve
    2  fund (40000).
    3    3.  $450,000,000  from  the New York state storm recovery capital fund
    4  (33000) to the revenue bond tax fund (40152).
    5    4. $15,500,000 from the general fund, community  projects  account  GG
    6  (10256), to the general fund, state purposes account (10050).
    7    S  3.  Notwithstanding any law to the contrary, and in accordance with
    8  section 4 of the state finance law, the comptroller is hereby authorized
    9  and directed to transfer, on or before March 31, 2015:
   10    1. Upon request of the commissioner of environmental conservation,  up
   11  to  $11,283,800 from revenues credited to any of the department of envi-
   12  ronmental conservation special revenue funds, including $3,275,400  from
   13  the  environmental  protection  and oil spill compensation fund (21200),
   14  and $1,773,600 from the conservation fund (21150), to the  environmental
   15  conservation special revenue fund, indirect charges account (21060).
   16    2.  Upon request of the commissioner of agriculture and markets, up to
   17  $3,000,000 from any special revenue fund or enterprise fund  within  the
   18  department of agriculture and markets to the general fund, to pay appro-
   19  priate administrative expenses.
   20    3.  Upon request of the commissioner of agriculture and markets, up to
   21  $2,000,000 from the state exposition special fund, state  fair  receipts
   22  account  (50051)  to the miscellaneous capital projects fund, state fair
   23  capital improvement account (32208).
   24    4. Upon request of the commissioner of the  division  of  housing  and
   25  community  renewal, up to $6,221,000 from revenues credited to any divi-
   26  sion of housing and community renewal federal or  miscellaneous  special
   27  revenue fund to the miscellaneous special revenue fund, housing indirect
   28  cost recovery account (22090).
   29    5.  Upon  request  of  the commissioner of the division of housing and
   30  community renewal, up to $5,500,000 may be transferred from any  miscel-
   31  laneous  special  revenue  fund  account,  to  any miscellaneous special
   32  revenue fund.
   33    6. Upon request of the commissioner of health up  to  $5,000,000  from
   34  revenues  credited  to any of the department of health's special revenue
   35  funds, to the miscellaneous special revenue fund, administration account
   36  (21982).
   37    S 3-a.  Employees of the division of military and naval affairs in the
   38  unclassified service of the state, who are substantially engaged in  the
   39  performance of duties to support business and financial services, admin-
   40  istrative services, payroll administration, time and attendance, benefit
   41  administration and other transactional human resources functions, may be
   42  transferred  to  the  office  of general services in accordance with the
   43  provisions of section 45 of the civil service law as if  the  state  had
   44  taken  over a private entity. No employee who is transferred pursuant to
   45  this act shall suffer a reduction in basic annual salary as a result  of
   46  the transfer.
   47    S  4.  Notwithstanding  section  2815  of the public health law or any
   48  other contrary provision of law, upon the direction of the  director  of
   49  the  budget  and  the commissioner of health, the dormitory authority of
   50  the state of New York is directed to transfer $7,000,000  annually  from
   51  funds  available  and  uncommitted  in  the  New  York state health care
   52  restructuring pool to the health care reform act (HCRA) resources fund -
   53  HCRA resources account.
   54    S 5. On or before March 31, 2015, the comptroller is hereby authorized
   55  and directed to deposit earnings that  would  otherwise  accrue  to  the
   56  general  fund  that are attributable to the operation of section 98-a of
       S. 6355--A                         64                         A. 8555--A
    1  the state finance law, to the agencies internal  service  fund,  banking
    2  services  account  (55057),  for  the purpose of meeting direct payments
    3  from such account.
    4    S  6.  Notwithstanding  any law to the contrary, upon the direction of
    5  the director of the budget and upon requisition by the state  university
    6  of  New  York,  the  dormitory  authority  of  the  state of New York is
    7  directed to transfer, up to $22,000,000 in revenues generated  from  the
    8  sale  of  notes  or  bonds,  to  the  state  university  of New York for
    9  reimbursement of bondable equipment for further transfer to the  state's
   10  general fund.
   11    S  7.  Notwithstanding any law to the contrary, and in accordance with
   12  section 4 of the state finance law, the comptroller is hereby authorized
   13  and directed to transfer, upon request of the director of the budget and
   14  upon consultation with the state university chancellor  or  his  or  her
   15  designee,  on or before March 31, 2015, up to $16,000,000 from the state
   16  university income fund general revenue  account  (22653)  to  the  state
   17  general  fund for debt service costs related to campus supported capital
   18  project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
   19  University at Buffalo.
   20    S  8.  Notwithstanding any law to the contrary, and in accordance with
   21  section 4 of the state finance law, the comptroller is hereby authorized
   22  and directed to transfer, upon request of the director of the budget and
   23  upon consultation with the state university chancellor  or  his  or  her
   24  designee,  on  or before March 31, 2015, up to $6,500,000 from the state
   25  university income fund general revenue  account  (22653)  to  the  state
   26  general  fund for debt service costs related to campus supported capital
   27  project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
   28  University at Albany.
   29    S  9.  Notwithstanding  any  law to the contrary, the state university
   30  chancellor or his or her designee is authorized and directed to transfer
   31  estimated tuition revenue balances from the state university  collection
   32  fund  (61000)  to  the  state  university  income fund, state university
   33  general revenue offset account (22655) on or before March 31, 2015.
   34    S 10. Notwithstanding any law to the contrary, and in accordance  with
   35  section 4 of the state finance law, the comptroller is hereby authorized
   36  and directed to transfer, upon request of the director of the budget, up
   37  to  $69,264,000  from  the  general  fund to the state university income
   38  fund, state university hospitals  income  reimbursable  account  (22656)
   39  during  the period July 1, 2014 through June 30, 2015 to reflect ongoing
   40  state subsidy of SUNY hospitals and to pay  costs  attributable  to  the
   41  SUNY hospitals' state agency status.
   42    S  11. Notwithstanding any law to the contrary, and in accordance with
   43  section 4 of the state finance law, the comptroller is hereby authorized
   44  and directed to transfer, upon request of the director of the budget, up
   45  to $969,050,300 from the general fund to  the  state  university  income
   46  fund, state university general revenue offset account (22655) during the
   47  period  of  July  1, 2014 through June 30, 2015 to support operations at
   48  the state university.
   49    S 12. Notwithstanding any law to the contrary, and in accordance  with
   50  section 4 of the state finance law, the comptroller is hereby authorized
   51  and  directed to transfer, upon request of the state university chancel-
   52  lor or his or her designee, up to $50,000,000 from the state  university
   53  income  fund,  state  university  hospitals  income reimbursable account
   54  (22656), for services and expenses of hospital  operations  and  capital
   55  expenditures at the state university hospitals; and the state university
       S. 6355--A                         65                         A. 8555--A
    1  income  fund,  Long  Island  veterans' home account (22652) to the state
    2  university capital projects fund (32400) on or before June 30, 2015.
    3    S  13. Notwithstanding any law to the contrary, and in accordance with
    4  section 4 of the state finance law, the comptroller, after  consultation
    5  with  the  state university chancellor or his or her designee, is hereby
    6  authorized and directed to transfer moneys, in the first instance,  from
    7  the  state  university  collection fund, Stony Brook hospital collection
    8  account (61006), Brooklyn hospital collection account (61007), and Syra-
    9  cuse hospital collection account (61008) to the state university  income
   10  fund,  state university hospitals income reimbursable account (22656) in
   11  the event insufficient funds  are  available  in  the  state  university
   12  income  fund,  state  university  hospitals  income reimbursable account
   13  (22656) to permit the full transfer of moneys authorized  for  transfer,
   14  to  the  general  fund  for  payment of debt service related to the SUNY
   15  hospitals. Notwithstanding any law to the contrary, the  comptroller  is
   16  also  hereby  authorized and directed, after consultation with the state
   17  university chancellor or his or her designee, to  transfer  moneys  from
   18  the  state  university  income fund to the state university income fund,
   19  state university hospitals income reimbursable account  (22656)  in  the
   20  event  insufficient  funds  are available in the state university income
   21  fund, state university hospitals income reimbursable account (22656)  to
   22  pay  hospital  operating  costs or to permit the full transfer of moneys
   23  authorized for transfer, to the general fund for payment of debt service
   24  related to the SUNY hospitals on or before March 31, 2015.
   25    S 14. Notwithstanding any law to the contrary, upon the  direction  of
   26  the director of the budget and the chancellor of the state university of
   27  New York or his or her designee, and in accordance with section 4 of the
   28  state  finance law, the comptroller is hereby authorized and directed to
   29  transfer monies from the state university dormitory income fund  (40350)
   30  to  the state university residence hall rehabilitation fund (30100), and
   31  from the state university residence hall rehabilitation fund (30100)  to
   32  the  state university dormitory income fund (40350), in an amount not to
   33  exceed in the aggregate $80 million.
   34    S 15. Notwithstanding any law to the contrary, and in accordance  with
   35  section 4 of the state finance law, the comptroller is hereby authorized
   36  and  directed  to  transfer  monies, upon request of the director of the
   37  budget, on or before March 31, 2015, from and to any  of  the  following
   38  accounts: the miscellaneous special revenue fund, patient income account
   39  (21909),  the miscellaneous special revenue fund, mental hygiene program
   40  fund account (21907), the miscellaneous special  revenue  fund,  federal
   41  salary  sharing  account (22056) or the general fund in any combination,
   42  the aggregate of which shall not exceed $350 million.
   43    S 16. Notwithstanding any law to the contrary, and in accordance  with
   44  section 4 of the state finance law, the comptroller is hereby authorized
   45  and  directed to transfer, at the request of the director of the budget,
   46  up to $500 million from the unencumbered balance of any special  revenue
   47  fund  or  account,  or combination of funds and accounts, to the general
   48  fund. The amounts transferred pursuant to this authorization shall be in
   49  addition to any other transfers  expressly  authorized  in  the  2014-15
   50  budget.  Transfers  from  federal  funds,  debt  service  funds, capital
   51  projects funds, the community projects fund, or funds that would  result
   52  in  the loss of eligibility for federal benefits or federal funds pursu-
   53  ant to federal law, rule, or regulation as assented to in chapter 683 of
   54  the laws of 1938 and chapter 700 of the laws of 1951 are  not  permitted
   55  pursuant  to  this authorization. Prior to initiating transfers pursuant
   56  to this authorization, the director of  the  budget  shall  notify  both
       S. 6355--A                         66                         A. 8555--A
    1  houses  of  the  legislature in writing of any subfund account for which
    2  use of this transfer authorization would exceed $2.5 million.
    3    S  17. Notwithstanding any law to the contrary, and in accordance with
    4  section 4 of the state finance law, the comptroller is hereby authorized
    5  and directed to transfer, at the request of the director of the  budget,
    6  up  to $100 million from any non-general fund or account, or combination
    7  of funds and accounts, to the miscellaneous special revenue fund,  tech-
    8  nology  financing  account (22207) or the miscellaneous capital projects
    9  fund, information technology capital financing account, for the  purpose
   10  of  consolidating  technology  procurement  and  services.   The amounts
   11  transferred  to  the  miscellaneous  special  revenue  fund,  technology
   12  financing  account (22207) pursuant to this authorization shall be equal
   13  to or less than the amount of such monies intended to  support  informa-
   14  tion  technology  costs  which are attributable, according to a plan, to
   15  such account made in pursuance to an appropriation by law. Transfers  to
   16  the  technology  financing  account  shall  be  completed  from  amounts
   17  collected by non-general funds or accounts pursuant to  a  fund  deposit
   18  schedule or permanent statute, and shall be transferred to the technolo-
   19  gy  financing account pursuant to a schedule agreed upon by the affected
   20  agency commissioner. Transfers from funds that would result in the  loss
   21  of eligibility for federal benefits or federal funds pursuant to federal
   22  law,  rule,  or  regulation as assented to in chapter 683 of the laws of
   23  1938 and chapter 700 of the laws of 1951 are not permitted  pursuant  to
   24  this authorization.
   25    S  18. Notwithstanding any law to the contrary, and in accordance with
   26  section 4 of the state finance law, the comptroller is hereby authorized
   27  and directed to transfer, at the request of the director of the  budget,
   28  up  to $300 million from any non-general fund or account, or combination
   29  of funds and accounts, to the general fund for the  purpose  of  consol-
   30  idating  technology  procurement  and  services. The amounts transferred
   31  pursuant to this authorization shall be equal to or less than the amount
   32  of such monies intended to support information  technology  costs  which
   33  are attributable, according to a plan, to such account made in pursuance
   34  to  an  appropriation  by  law.  Transfers  to the general fund shall be
   35  completed from amounts collected by non-general funds or accounts pursu-
   36  ant to a fund deposit schedule. Transfers from funds that  would  result
   37  in  the loss of eligibility for federal benefits or federal funds pursu-
   38  ant to federal law, rule, or regulation as assented to in chapter 683 of
   39  the laws of 1938 and chapter 700 of the laws of 1951 are  not  permitted
   40  pursuant to this authorization.
   41    S  19. Notwithstanding any provision of law to the contrary, as deemed
   42  feasible and advisable by its trustees, the power authority of the state
   43  of New York is authorized and directed to (i) make a contribution to the
   44  state treasury to the credit  of  the  general  fund,  or  as  otherwise
   45  directed in writing by the director of the budget, in an amount of up to
   46  $90,000,000  for  the  state  fiscal  year commencing April 1, 2014, the
   47  proceeds of which will be utilized to support energy-related initiatives
   48  of the state or for economic development purposes, and (ii) transfer  up
   49  to $25,000,000 of any such contribution by June 30, 2014 and the remain-
   50  der of any such contribution by March 31, 2015.
   51    S  20.  Subdivision  5  of section 97-rrr of the state finance law, as
   52  amended by section 20 of part HH of chapter 57 of the laws of  2013,  is
   53  amended to read as follows:
   54    5. Notwithstanding the provisions of section one hundred seventy-one-a
   55  of  the  tax law, as separately amended by chapters four hundred eighty-
   56  one and four hundred eighty-four of the laws of nineteen hundred  eight-
       S. 6355--A                         67                         A. 8555--A
    1  y-one,  and notwithstanding the provisions of chapter ninety-four of the
    2  laws of two thousand eleven, or any  other  provisions  of  law  to  the
    3  contrary,  during  the  fiscal  year beginning April first, two thousand
    4  [thirteen]  FOURTEEN,  the  state  comptroller  is hereby authorized and
    5  directed to deposit to the fund created pursuant to  this  section  from
    6  amounts  collected  pursuant  to  article  twenty-two of the tax law and
    7  pursuant to a schedule submitted by the director of the  budget,  up  to
    8  [$3,419,375,000] $3,429,375,000, as may be certified in such schedule as
    9  necessary  to  meet the purposes of such fund for the fiscal year begin-
   10  ning April first, two thousand [thirteen] FOURTEEN.
   11    S 21. The comptroller is authorized and directed  to  deposit  to  the
   12  general fund-state purposes account reimbursements from moneys appropri-
   13  ated  or  reappropriated to the correctional facilities capital improve-
   14  ment fund by a chapter of the laws  of  2014.  Reimbursements  shall  be
   15  available  for  spending  from  appropriations made to the department of
   16  corrections and community supervision in the general fund-state purposes
   17  accounts by a chapter of the laws of 2014 for costs associated with  the
   18  administration  and  security  of  capital  projects and for other costs
   19  which are attributable, according to a plan, to such capital projects.
   20    S 22. Subdivision 6 of section 4 of the state finance law, as  amended
   21  by section 18 of part U of chapter 59 of the laws of 2012, is amended to
   22  read as follows:
   23    6.  Notwithstanding  any  law to the contrary, at the beginning of the
   24  state fiscal year,  the  state  comptroller  is  hereby  authorized  and
   25  directed  to  receive  for  deposit  to  the  credit of a fund and/or an
   26  account such monies as are identified by the director of the  budget  as
   27  having been intended for such deposit to support disbursements from such
   28  fund  and/or  account  made  in pursuance of an appropriation by law. As
   29  soon as practicable upon enactment of the budget, the  director  of  the
   30  budget  shall,  but  not  less  than  three  days  following preliminary
   31  submission to the chairs of the senate finance committee and the  assem-
   32  bly  ways  and means committee, file with the state comptroller an iden-
   33  tification of specific monies to be so deposited. Any subsequent  change
   34  regarding  the  monies to be so deposited shall be filed by the director
   35  of the budget, as soon as practicable, but  not  less  than  three  days
   36  following  preliminary  submission  to  the chairs of the senate finance
   37  committee and the assembly ways and means committee.
   38    All monies identified by the director of the budget to be deposited to
   39  the credit of a fund and/or account shall be consistent with the  intent
   40  of  the  budget for the then current state fiscal year as enacted by the
   41  legislature.
   42    [The provisions of this subdivision  shall  expire  on  March  thirty-
   43  first, two thousand fourteen.]
   44    S 23. Subdivision 4 of section 40 of the state finance law, as amended
   45  by section 19 of part U of chapter 59 of the laws of 2012, is amended to
   46  read as follows:
   47    4.  Every appropriation made from a fund or account to a department or
   48  agency shall be available for the payment of prior years' liabilities in
   49  such fund or account for fringe benefits, indirect costs, and telecommu-
   50  nications expenses and expenses  for  other  centralized  services  fund
   51  programs  without limit. Every appropriation shall also be available for
   52  the payment of prior  years'  liabilities  other  than  those  indicated
   53  above,  but  only  to the extent of one-half of one percent of the total
   54  amount appropriated to a department or agency in such fund or account.
   55    [The provisions of this subdivision shall expire  March  thirty-first,
   56  two thousand fourteen.]
       S. 6355--A                         68                         A. 8555--A
    1    S  24.  Notwithstanding  any  other  law,  rule,  or regulation to the
    2  contrary, the state comptroller is hereby authorized and directed to use
    3  any balance remaining in the mental health services  fund  debt  service
    4  appropriation, after payment by the state comptroller of all obligations
    5  required pursuant to any lease, sublease, or other financing arrangement
    6  between the dormitory authority of the state of New York as successor to
    7  the  New  York  state  medical  care  facilities finance agency, and the
    8  facilities development corporation pursuant to chapter 83 of the laws of
    9  1995 and the department of mental hygiene  for  the  purpose  of  making
   10  payments  to  the  dormitory  authority of the state of New York for the
   11  amount of the earnings for the investment of  monies  deposited  in  the
   12  mental health services fund that such agency determines will or may have
   13  to  be  rebated  to the federal government pursuant to the provisions of
   14  the internal revenue code of 1986, as amended, in order to  enable  such
   15  agency  to  maintain  the  exemption from federal income taxation on the
   16  interest paid to the holders of such agency's mental services facilities
   17  improvement revenue bonds.  Annually on or before each June  30th,  such
   18  agency  shall  certify to the state comptroller its determination of the
   19  amounts received in the mental health services fund as a result  of  the
   20  investment  of  monies  deposited  therein  that  will or may have to be
   21  rebated to the federal government pursuant  to  the  provisions  of  the
   22  internal revenue code of 1986, as amended.
   23    S 25. Section 68-b of the state finance law is amended by adding a new
   24  subdivision 12 to read as follows:
   25    12.  THE  COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM THE AUTHOR-
   26  IZED ISSUERS ANY PORTION OF BOND PROCEEDS PAID TO PROVIDE FUNDS  FOR  OR
   27  REIMBURSE  THE  STATE  FOR  ITS  COSTS  ASSOCIATED  WITH SUCH AUTHORIZED
   28  PURPOSES AND TO CREDIT SUCH AMOUNTS TO THE CAPITAL PROJECTS FUND OR  ANY
   29  OTHER APPROPRIATE FUND.
   30    S 26. Section 69-n of the state finance law is amended by adding a new
   31  subdivision 12 to read as follows:
   32    12.  THE  COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM THE AUTHOR-
   33  IZED ISSUERS ANY PORTION OF BOND PROCEEDS PAID TO PROVIDE FUNDS  FOR  OR
   34  REIMBURSE  THE  STATE  FOR  ITS  COSTS  ASSOCIATED  WITH SUCH AUTHORIZED
   35  PURPOSES AND TO CREDIT SUCH AMOUNTS TO THE CAPITAL PROJECTS FUND OR  ANY
   36  OTHER APPROPRIATE FUND.
   37    S  27.  Paragraph  (b)  of  subdivision  4  of section 72 of the state
   38  finance law, as amended by section 37 of part U of  chapter  59  of  the
   39  laws of 2012, is amended to read as follows:
   40    (b)  On  or  before the beginning of each quarter, the director of the
   41  budget may certify to the state  comptroller  the  estimated  amount  of
   42  monies  that  shall be reserved in the general debt service fund for the
   43  payment of debt service and related expenses payable by such fund during
   44  each month of the state fiscal year, excluding  payments  due  from  the
   45  revenue  bond tax fund. Such certificate may be periodically updated, as
   46  necessary. Notwithstanding any provision of law  to  the  contrary,  the
   47  state  comptroller  shall  reserve  in the general debt service fund the
   48  amount of monies identified on such certificate  as  necessary  for  the
   49  payment  of debt service and related expenses during the current or next
   50  succeeding quarter of the state fiscal year. Such monies reserved  shall
   51  not  be  available  for  any  other  purpose.  Such certificate shall be
   52  reported to the chairpersons of the Senate  Finance  Committee  and  the
   53  Assembly  Ways  and  Means  Committee. [The provisions of this paragraph
   54  shall expire June thirtieth, two thousand fourteen.]
   55    S 28. Section 47 of section 1 of chapter 174  of  the  laws  of  1968,
   56  constituting  the  New  York state urban development corporation act, as
       S. 6355--A                         69                         A. 8555--A
    1  added by section 47 of part HH of chapter 57 of the  laws  of  2013,  is
    2  amended to read as follows:
    3    S  47.    1.  Notwithstanding  the  provisions of any other law to the
    4  contrary, the dormitory authority and the corporation are hereby author-
    5  ized to issue bonds or notes in one or more series for  the  purpose  of
    6  funding project costs for the office of information technology services,
    7  DEPARTMENT  OF  LAW,  and other state costs associated with such capital
    8  projects.   The aggregate principal amount of  bonds  authorized  to  be
    9  issued  pursuant  to  this  section  shall not exceed [eighty-seven] ONE
   10  HUNDRED EIGHTY-TWO million [seven] FOUR hundred forty thousand  dollars,
   11  excluding  bonds  issued to fund one or more debt service reserve funds,
   12  to pay costs of issuance of such bonds, and bonds  or  notes  issued  to
   13  refund  or  otherwise  repay such bonds or notes previously issued. Such
   14  bonds and notes of the dormitory authority and the corporation shall not
   15  be a debt of the state, and the state shall not be liable  thereon,  nor
   16  shall  they be payable out of any funds other than those appropriated by
   17  the state to the dormitory authority and the corporation for  principal,
   18  interest,  and  related expenses pursuant to a service contract and such
   19  bonds and notes shall contain on the face thereof a  statement  to  such
   20  effect. Except for purposes of complying with the internal revenue code,
   21  any  interest  income  earned on bond proceeds shall only be used to pay
   22  debt service on such bonds.
   23    2. Notwithstanding any other provision of  law  to  the  contrary,  in
   24  order to assist the dormitory authority and the corporation in undertak-
   25  ing  the financing for project costs for the office of information tech-
   26  nology services, DEPARTMENT OF LAW, and  other  state  costs  associated
   27  with such capital projects, the director of the budget is hereby author-
   28  ized  to  enter  into  one  or more service contracts with the dormitory
   29  authority and the corporation, none of which shall exceed  thirty  years
   30  in duration, upon such terms and conditions as the director of the budg-
   31  et and the dormitory authority and the corporation agree, so as to annu-
   32  ally  provide  to  the  dormitory  authority and the corporation, in the
   33  aggregate, a sum not to exceed  the  principal,  interest,  and  related
   34  expenses required for such bonds and notes. Any service contract entered
   35  into  pursuant  to this section shall provide that the obligation of the
   36  state to pay the amount therein provided shall not constitute a debt  of
   37  the  state  within  the  meaning  of  any  constitutional  or  statutory
   38  provision and shall be deemed executory only to  the  extent  of  monies
   39  available  and  that  no liability shall be incurred by the state beyond
   40  the monies available for such purpose, subject to  annual  appropriation
   41  by the legislature. Any such contract or any payments made or to be made
   42  thereunder  may  be  assigned and pledged by the dormitory authority and
   43  the corporation as security for its bonds and notes,  as  authorized  by
   44  this section.
   45    S 29. Subdivision 1 of section 16 of part D of chapter 389 of the laws
   46  of  1997,  relating  to  the  financing  of  the correctional facilities
   47  improvement fund and the youth facility improvement fund, as amended  by
   48  section  49  of part HH of chapter 57 of the laws of 2013, is amended to
   49  read as follows:
   50    1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
   51  notwithstanding the provisions of section 18 of section 1 of chapter 174
   52  of the laws of 1968, the New York state urban development corporation is
   53  hereby  authorized  to  issue  bonds,  notes and other obligations in an
   54  aggregate principal amount not  to  exceed  seven  billion  one  hundred
   55  [thirty-three]   FORTY-EIGHT   million   sixty-nine   thousand   dollars
   56  [$7,133,069,000] $7,148,069,000, and shall include all bonds, notes  and
       S. 6355--A                         70                         A. 8555--A
    1  other  obligations issued pursuant to chapter 56 of the laws of 1983, as
    2  amended or supplemented. The proceeds of  such  bonds,  notes  or  other
    3  obligations  shall be paid to the state, for deposit in the correctional
    4  facilities capital improvement fund to pay for all or any portion of the
    5  amount  or  amounts paid by the state from appropriations or reappropri-
    6  ations made to the department of corrections and  community  supervision
    7  from  the  correctional  facilities capital improvement fund for capital
    8  projects. The aggregate amount of  bonds,  notes  or  other  obligations
    9  authorized  to  be  issued pursuant to this section shall exclude bonds,
   10  notes or other obligations issued to refund or  otherwise  repay  bonds,
   11  notes  or  other  obligations  theretofore issued, the proceeds of which
   12  were paid to the state for all or a portion of the amounts  expended  by
   13  the state from appropriations or reappropriations made to the department
   14  of  corrections  and community supervision; provided, however, that upon
   15  any such refunding or repayment the total aggregate principal amount  of
   16  outstanding  bonds, notes or other obligations may be greater than seven
   17  billion one hundred [thirty-three] FORTY-EIGHT million sixty-nine  thou-
   18  sand  dollars [$7,133,069,000] $7,148,069,000, only if the present value
   19  of the aggregate debt service of the refunding or repayment bonds, notes
   20  or other obligations to be issued shall not exceed the present value  of
   21  the  aggregate  debt service of the bonds, notes or other obligations so
   22  to be refunded or repaid. For the purposes hereof, the present value  of
   23  the aggregate debt service of the refunding or repayment bonds, notes or
   24  other  obligations and of the aggregate debt service of the bonds, notes
   25  or other obligations so refunded  or  repaid,  shall  be  calculated  by
   26  utilizing  the  effective  interest  rate  of the refunding or repayment
   27  bonds, notes or other obligations, which shall be that rate  arrived  at
   28  by  doubling  the  semi-annual  interest rate (compounded semi-annually)
   29  necessary to discount the debt service  payments  on  the  refunding  or
   30  repayment bonds, notes or other obligations from the payment dates ther-
   31  eof  to  the date of issue of the refunding or repayment bonds, notes or
   32  other obligations and to  the  price  bid  including  estimated  accrued
   33  interest  or  proceeds  received  by the corporation including estimated
   34  accrued interest from the sale thereof.
   35    S 30. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
   36  housing  finance  law, as amended by section 50 of part HH of chapter 57
   37  of the laws of 2013, is amended to read as follows:
   38    (a) Subject to the provisions of chapter fifty-nine of the laws of two
   39  thousand, in order to enhance and encourage  the  promotion  of  housing
   40  programs  and thereby achieve the stated purposes and objectives of such
   41  housing programs, the agency shall have the power and is hereby  author-
   42  ized  from  time  to  time to issue negotiable housing program bonds and
   43  notes in such principal amount as shall be necessary to  provide  suffi-
   44  cient  funds  for the repayment of amounts disbursed (and not previously
   45  reimbursed) pursuant to law or any prior year making  capital  appropri-
   46  ations  or  reappropriations  for  the  purposes of the housing program;
   47  provided, however, that the agency may issue such bonds and notes in  an
   48  aggregate  principal  amount  not  exceeding  two billion [eight hundred
   49  forty-four] NINE HUNDRED NINETY-NINE million [eight hundred] ninety-nine
   50  thousand dollars, plus a principal amount of bonds issued  to  fund  the
   51  debt  service  reserve  fund in accordance with the debt service reserve
   52  fund requirement established  by  the  agency  and  to  fund  any  other
   53  reserves  that the agency reasonably deems necessary for the security or
   54  marketability of such bonds and to provide for the payment of  fees  and
   55  other  charges  and  expenses, including underwriters' discount, trustee
   56  and rating agency fees, bond insurance, credit enhancement and liquidity
       S. 6355--A                         71                         A. 8555--A
    1  enhancement related to the issuance of such bonds and notes. No  reserve
    2  fund securing the housing program bonds shall be entitled or eligible to
    3  receive  state  funds apportioned or appropriated to maintain or restore
    4  such  reserve  fund at or to a particular level, except to the extent of
    5  any deficiency resulting directly or indirectly from a  failure  of  the
    6  state to appropriate or pay the agreed amount under any of the contracts
    7  provided for in subdivision four of this section.
    8    S  31.  Subdivision  (b)  of  section 11 of chapter 329 of the laws of
    9  1991, amending the state finance law and  other  laws  relating  to  the
   10  establishment of the dedicated highway and bridge trust fund, as amended
   11  by  section  51 of part HH of chapter 57 of the laws of 2013, is amended
   12  to read as follows:
   13    (b) Any service contract or contracts for projects authorized pursuant
   14  to sections 10-c, 10-f, 10-g and 80-b of the  highway  law  and  section
   15  14-k of the transportation law, and entered into pursuant to subdivision
   16  (a)  of  this  section,  shall  provide for state commitments to provide
   17  annually to the thruway authority a sum or sums,  upon  such  terms  and
   18  conditions as shall be deemed appropriate by the director of the budget,
   19  to fund, or fund the debt service requirements of any bonds or any obli-
   20  gations  of  the  thruway  authority  issued to fund OR TO REIMBURSE THE
   21  STATE FOR  FUNDING  such  projects  having  a  cost  not  in  excess  of
   22  [$7,591,875,000]  $8,080,728,000  cumulatively by the end of fiscal year
   23  [2013-14] 2014-15.
   24    S 32. Subdivision 1 of section 1689-i of the public  authorities  law,
   25  as  amended  by section 52 of part HH of chapter 57 of the laws of 2013,
   26  is amended to read as follows:
   27    1. The dormitory authority  is  authorized  to  issue  bonds,  at  the
   28  request  of  the  commissioner of education, to finance eligible library
   29  construction projects pursuant to section two hundred seventy-three-a of
   30  the education law, in amounts certified  by  such  commissioner  not  to
   31  exceed  a  total  principal  amount  of [one hundred twelve] ONE HUNDRED
   32  TWENTY-SIX million dollars.
   33    S 33. Subdivision (a) of section 27 of part Y of  chapter  61  of  the
   34  laws  of  2005,  providing  for  the administration of certain funds and
   35  accounts related to the 2005-2006 budget, as amended by  section  53  of
   36  part  HH  of  chapter  57  of  the  laws  of 2013, is amended to read as
   37  follows:
   38    (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
   39  notwithstanding  any provisions of law to the contrary, the urban devel-
   40  opment corporation is hereby authorized to issue bonds or notes  in  one
   41  or   more  series  in  an  aggregate  principal  amount  not  to  exceed
   42  [$133,600,000] $149,600,000, excluding bonds issued to  finance  one  or
   43  more debt service reserve funds, to pay costs of issuance of such bonds,
   44  and  bonds  or  notes  issued to refund or otherwise repay such bonds or
   45  notes previously issued, for the purpose of financing  capital  projects
   46  INCLUDING  IT INITIATIVES for the division of state police, debt service
   47  and leases; and to reimburse the state general  fund  for  disbursements
   48  made  therefor. Such bonds and notes of such authorized issuer shall not
   49  be a debt of the state, and the state shall not be liable  thereon,  nor
   50  shall  they be payable out of any funds other than those appropriated by
   51  the state to  such  authorized  issuer  for  debt  service  and  related
   52  expenses  pursuant to any service contract executed pursuant to subdivi-
   53  sion (b) of this section and such bonds and notes shall contain  on  the
   54  face  thereof a statement to such effect. Except for purposes of comply-
   55  ing with the internal revenue code, any interest income earned  on  bond
   56  proceeds shall only be used to pay debt service on such bonds.
       S. 6355--A                         72                         A. 8555--A
    1    S  34.  Section  44  of  section 1 of chapter 174 of the laws of 1968,
    2  constituting the New York state urban development  corporation  act,  as
    3  amended  by  section 54 of part HH of chapter 57 of the laws of 2013, is
    4  amended to read as follows:
    5    S  44.  Issuance  of  certain  bonds  or notes. 1. Notwithstanding the
    6  provisions of any other law to the contrary, the dormitory authority and
    7  the corporation are hereby authorized to issue bonds or notes in one  or
    8  more  series  for  the purpose of funding project costs for the regional
    9  economic development council  initiative,  the  economic  transformation
   10  program,  state university of New York college for nanoscale and science
   11  engineering, projects within the city of Buffalo  or  surrounding  envi-
   12  rons,  the  New  York  works economic development fund, projects for the
   13  retention of professional football in western New York, the empire state
   14  economic [devlopment] DEVELOPMENT fund,  THE  CLARKSON-TRUDEAU  PARTNER-
   15  SHIP,  THE  NEW  YORK  GENOME  CENTER, THE CORNELL UNIVERSITY COLLEGE OF
   16  VETERINARY MEDICINE,  THE  OLYMPIC  REGIONAL  DEVELOPMENT  AUTHORITY,  A
   17  PROJECT  AT  NANO  UTICA,  ONONDAGA  COUNTY REVITALIZATION PROJECTS, and
   18  other state costs associated with such projects. The aggregate principal
   19  amount of bonds authorized to be issued pursuant to this  section  shall
   20  not  exceed  [one]  TWO  billion [three] ONE HUNDRED NINETY-FIVE million
   21  [six] TWO hundred [seven] FIFTY-SEVEN thousand dollars, excluding  bonds
   22  issued  to  fund one or more debt service reserve funds, to pay costs of
   23  issuance of such bonds, and bonds or notes issued to refund or otherwise
   24  repay such bonds or notes previously issued. Such bonds and notes of the
   25  dormitory authority and the corporation shall  not  be  a  debt  of  the
   26  state,  and  the  state  shall  not be liable thereon, nor shall they be
   27  payable out of any funds other than those appropriated by the  state  to
   28  the dormitory authority and the corporation for principal, interest, and
   29  related expenses pursuant to a service contract and such bonds and notes
   30  shall contain on the face thereof a statement to such effect. Except for
   31  purposes  of  complying  with  the  internal  revenue code, any interest
   32  income earned on bond proceeds shall only be used to pay debt service on
   33  such bonds.
   34    2. Notwithstanding any other provision of  law  to  the  contrary,  in
   35  order to assist the dormitory authority and the corporation in undertak-
   36  ing  the  financing for project costs for the regional economic develop-
   37  ment council initiative,  the  economic  transformation  program,  state
   38  university  of  New  York college for nanoscale and science engineering,
   39  projects within the city of Buffalo or  surrounding  environs,  the  New
   40  York  works  economic  development  fund,  projects for the retention of
   41  professional football in western New York,  the  empire  state  economic
   42  development  fund, THE CLARKSON-TRUDEAU PARTNERSHIP, THE NEW YORK GENOME
   43  CENTER, THE CORNELL UNIVERSITY COLLEGE OF VETERINARY MEDICINE, THE OLYM-
   44  PIC REGIONAL DEVELOPMENT AUTHORITY, A PROJECT AT  NANO  UTICA,  ONONDAGA
   45  COUNTY  REVITALIZATION  PROJECTS,  and other state costs associated with
   46  such projects, the director of the budget is hereby authorized to  enter
   47  into  one or more service contracts with the dormitory authority and the
   48  corporation, none of which shall exceed thirty years in  duration,  upon
   49  such terms and conditions as the director of the budget and the dormito-
   50  ry authority and the corporation agree, so as to annually provide to the
   51  dormitory  authority and the corporation, in the aggregate, a sum not to
   52  exceed the principal, interest, and related expenses required  for  such
   53  bonds  and  notes.  Any  service  contract entered into pursuant to this
   54  section shall provide that the obligation of the state to pay the amount
   55  therein provided shall not constitute a debt of  the  state  within  the
   56  meaning of any constitutional or statutory provision and shall be deemed
       S. 6355--A                         73                         A. 8555--A
    1  executory  only  to the extent of monies available and that no liability
    2  shall be incurred by the state beyond  the  monies  available  for  such
    3  purpose,  subject  to  annual appropriation by the legislature. Any such
    4  contract  or  any payments made or to be made thereunder may be assigned
    5  and pledged by the dormitory authority and the corporation  as  security
    6  for its bonds and notes, as authorized by this section.
    7    S  35.  Subdivision 3 of section 1285-p of the public authorities law,
    8  as amended by section 55 of part HH of chapter 57 of the laws  of  2013,
    9  is amended to read as follows:
   10    3.  The  maximum amount of bonds that may be issued for the purpose of
   11  financing  environmental  infrastructure  projects  authorized  by  this
   12  section   shall   be   one  billion  [two]  THREE  hundred  [sixty-five]
   13  NINETY-EIGHT million [seven] TWO hundred sixty thousand dollars,  exclu-
   14  sive  of  bonds issued to fund any debt service reserve funds, pay costs
   15  of issuance of such bonds, and bonds or notes issued to refund or other-
   16  wise repay bonds or notes previously issued. Such bonds and notes of the
   17  corporation shall not be a debt of the state, and the state shall not be
   18  liable thereon, nor shall they be payable out of any  funds  other  than
   19  those  appropriated by the state to the corporation for debt service and
   20  related expenses pursuant to any service contracts executed pursuant  to
   21  subdivision  one of this section, and such bonds and notes shall contain
   22  on the face thereof a statement to such effect.
   23    S 36. Section 93-a of the state finance law, as added by section 64 of
   24  part HH of chapter 57 of the  laws  of  2013,  is  amended  to  read  as
   25  follows:
   26    S  93-a.  New  York state storm recovery capital fund. 1. (a) There is
   27  hereby established in the joint  custody  of  the  comptroller  and  the
   28  commissioner  of  taxation and finance a special fund to be known as the
   29  "New York state storm recovery capital fund".
   30    (b) The sources of funds shall consist of all moneys collected  there-
   31  for,  or  moneys  credited, appropriated or transferred thereto from any
   32  other fund or source pursuant to law, or any other moneys made available
   33  for the purposes of the fund. [Any interest received by the  comptroller
   34  on moneys on deposit shall be retained in and become a part of the fund,
   35  unless otherwise directed by law.]
   36    2.  Following  appropriation  by  the legislature, moneys in the storm
   37  recovery capital fund shall be available [to finance]  FOR  the  repair,
   38  rehabilitation,  or  replacement of capital works or purposes damaged by
   39  Hurricane Sandy or any future natural disaster expected to  be  eligible
   40  for reimbursement by the Federal Emergency Management Agency (FEMA), the
   41  Federal Transit Administration (FTA), the Federal Highway Administration
   42  (FHWA)  [and] AND/OR any other Federal reimbursement source. No money in
   43  this account may be expended for any project [until] UNLESS the director
   44  of the budget OR HIS OR HER DESIGNEE has  determined  that  there  is  a
   45  substantial  likelihood  that  the costs of such project shall be [reim-
   46  bursed] ELIGIBLE FOR REIMBURSEMENT by  Federal  sources.  [The  director
   47  shall  issue  formal rules that set forth the process by which he or she
   48  will determine whether there is a substantial likelihood  of  reimburse-
   49  ment by Federal sources.]
   50    S  37.  Subdivision 1 of section 45 of section 1 of chapter 174 of the
   51  laws of 1968, constituting the New York state urban  development  corpo-
   52  ration  act,  as  amended  by section 65 of part HH of chapter 57 of the
   53  laws of 2013, is amended to read as follows:
   54    1. Notwithstanding the provisions of any other law  to  the  contrary,
   55  the  urban  development  corporation  of the state of New York is hereby
   56  authorized to issue bonds or notes in one or more series for the purpose
       S. 6355--A                         74                         A. 8555--A
    1  of funding project costs for the implementation of a NY-SUNY and NY-CUNY
    2  2020 challenge grant program subject to the approval of  a  NY-SUNY  and
    3  NY-CUNY  2020 plan or plans by the governor and either the chancellor of
    4  the state university of New York or the chancellor of the city universi-
    5  ty  of  New York, as applicable. The aggregate principal amount of bonds
    6  authorized to be issued  pursuant  to  this  section  shall  not  exceed
    7  [$220,000,000]  $330,000,000, excluding bonds issued to fund one or more
    8  debt service reserve funds, to pay costs of issuance of such bonds,  and
    9  bonds  or  notes issued to refund or otherwise repay such bonds or notes
   10  previously issued. Such bonds and notes of the corporation shall not  be
   11  a  debt  of  the  state,  and the state shall not be liable thereon, nor
   12  shall they be payable out of any funds other than those appropriated  by
   13  the  state  to  the  corporation  for  principal,  interest, and related
   14  expenses pursuant to a service contract and such bonds and  notes  shall
   15  contain  on  the  face  thereof  a  statement to such effect. Except for
   16  purposes of complying with  the  internal  revenue  code,  any  interest
   17  income earned on bond proceeds shall only be used to pay debt service on
   18  such bonds.
   19    S  38.  Subdivision  (a)  of section 48 of part K of chapter 81 of the
   20  laws of 2002, providing for the  administration  of  certain  funds  and
   21  accounts  related  to  the 2002-2003 budget, as amended by section 68 of
   22  part HH of chapter 57 of the  laws  of  2013,  is  amended  to  read  as
   23  follows:
   24    (a)  Subject  to  the provisions of chapter 59 of the laws of 2000 but
   25  notwithstanding the provisions of section 18 of  the  urban  development
   26  corporation  act, the corporation is hereby authorized to issue bonds or
   27  notes in one or more series in an  aggregate  principal  amount  not  to
   28  exceed  [$67,000,000] $204,000,000 excluding bonds issued to fund one or
   29  more debt service reserve funds, to pay costs of issuance of such bonds,
   30  and bonds or notes issued to refund or otherwise  repay  such  bonds  or
   31  notes  previously  issued,  for  the  purpose of financing capital costs
   32  related to homeland security and training facilities for the division of
   33  state police, the division of military and naval affairs, and any  other
   34  state agency, including the reimbursement of any disbursements made from
   35  the state capital projects fund, and is hereby authorized to issue bonds
   36  or  notes  in one or more series in an aggregate principal amount not to
   37  exceed [$220,800,000] $317,800,000, excluding bonds issued to  fund  one
   38  or  more  debt  service  reserve funds, to pay costs of issuance of such
   39  bonds, and bonds or notes issued to refund or otherwise repay such bonds
   40  or notes previously issued, for the purpose of financing improvements to
   41  State office buildings and other facilities located statewide, including
   42  the reimbursement of any  disbursements  made  from  the  state  capital
   43  projects  fund.  Such  bonds and notes of the corporation shall not be a
   44  debt of the state, and the state shall not be liable thereon, nor  shall
   45  they  be  payable  out of any funds other than those appropriated by the
   46  state to the corporation for debt service and related expenses  pursuant
   47  to  any  service  contracts executed pursuant to subdivision (b) of this
   48  section, and such bonds and notes shall contain on the  face  thereof  a
   49  statement to such effect.
   50    S 39. Subdivision 1 of section 386-b of the public authorities law, as
   51  amended  by  section 69 of part HH of chapter 57 of the laws of 2013, is
   52  amended to read as follows:
   53    1. Notwithstanding any other provision of law  to  the  contrary,  the
   54  authority, the dormitory authority and the urban development corporation
   55  are  hereby authorized to issue bonds or notes in one or more series for
   56  the purpose of financing peace bridge  projects  and  capital  costs  of
       S. 6355--A                         75                         A. 8555--A
    1  state and local highways, parkways, bridges, the New York state thruway,
    2  Indian reservation roads, and facilities, and transportation infrastruc-
    3  ture   projects   including  aviation  projects,  non-MTA  mass  transit
    4  projects,  and rail service preservation projects, including work appur-
    5  tenant and ancillary thereto. The aggregate principal  amount  of  bonds
    6  authorized  to be issued pursuant to this section shall not exceed [two]
    7  FOUR  hundred  [forty]  SIXTY-FIVE  million   dollars   [($240,000,000)]
    8  ($465,000,000),  excluding bonds issued to fund one or more debt service
    9  reserve funds, to pay costs of issuance of such bonds, and to refund  or
   10  otherwise  repay  such  bonds or notes previously issued. Such bonds and
   11  notes of the authority, the dormitory authority and the  urban  develop-
   12  ment  corporation  shall not be a debt of the state, and the state shall
   13  not be liable thereon, nor shall they be payable out of any funds  other
   14  than  those  appropriated  by  the state to the authority, the dormitory
   15  authority and the urban development corporation for principal, interest,
   16  and related expenses pursuant to a service contract and such  bonds  and
   17  notes  shall  contain  on  the  face thereof a statement to such effect.
   18  Except for purposes of complying with the  internal  revenue  code,  any
   19  interest  income  earned on bond proceeds shall only be used to pay debt
   20  service on such bonds.
   21    S 40. Paragraph (c) of subdivision 19 of section 1680  of  the  public
   22  authorities  law, as amended by section 69-a of part HH of chapter 57 of
   23  the laws of 2013, is amended to read as follows:
   24    (c) Subject to the provisions of chapter fifty-nine of the laws of two
   25  thousand, the dormitory authority shall not issue any  bonds  for  state
   26  university  educational  facilities  purposes if the principal amount of
   27  bonds to be issued when added to the aggregate principal amount of bonds
   28  issued by the dormitory authority on  and  after  July  first,  nineteen
   29  hundred  eighty-eight  for  state university educational facilities will
   30  exceed ten billion [four] NINE hundred [twenty-two]  THIRTY-TWO  million
   31  dollars;  provided,  however, that bonds issued or to be issued shall be
   32  excluded from such limitation if: (1) such bonds are  issued  to  refund
   33  state  university  construction  bonds and state university construction
   34  notes previously issued by the housing finance agency; or (2) such bonds
   35  are issued to refund bonds of the authority or other obligations  issued
   36  for  state  university  educational  facilities purposes and the present
   37  value of the aggregate debt service on  the  refunding  bonds  does  not
   38  exceed  the  present  value  of  the aggregate debt service on the bonds
   39  refunded thereby; provided,  further  that  upon  certification  by  the
   40  director  of  the  budget  that the issuance of refunding bonds or other
   41  obligations issued between April first, nineteen hundred ninety-two  and
   42  March  thirty-first,  nineteen  hundred  ninety-three will generate long
   43  term economic benefits to the state, as  assessed  on  a  present  value
   44  basis,  such  issuance will be deemed to have met the present value test
   45  noted above. For purposes of this subdivision, the present value of  the
   46  aggregate  debt  service  of  the refunding bonds and the aggregate debt
   47  service of the bonds refunded, shall be calculated by utilizing the true
   48  interest cost of the refunding bonds, which shall be that  rate  arrived
   49  at  by doubling the semi-annual interest rate (compounded semi-annually)
   50  necessary to discount the debt service payments on the  refunding  bonds
   51  from  the  payment  dates  thereof to the date of issue of the refunding
   52  bonds to the purchase price of the refunding bonds,  including  interest
   53  accrued  thereon  prior  to  the  issuance thereof. The maturity of such
   54  bonds, other than bonds issued to refund outstanding  bonds,  shall  not
   55  exceed  the  weighted  average  economic life, as certified by the state
   56  university construction fund, of the facilities in connection with which
       S. 6355--A                         76                         A. 8555--A
    1  the bonds are issued, and in any case not  later  than  the  earlier  of
    2  thirty  years  or  the  expiration of the term of any lease, sublease or
    3  other agreement relating  thereto;  provided  that  no  note,  including
    4  renewals  thereof,  shall mature later than five years after the date of
    5  issuance of such note. The legislature reserves the right  to  amend  or
    6  repeal  such  limit, and the state of New York, the dormitory authority,
    7  the state university of New York, and the state university  construction
    8  fund are prohibited from covenanting or making any other agreements with
    9  or  for  the  benefit  of bondholders which might in any way affect such
   10  right.
   11    S 41. Paragraph (c) of subdivision 14 of section 1680  of  the  public
   12  authorities  law,  as  amended by section 67 of part HH of chapter 57 of
   13  the laws of 2013, is amended to read as follows:
   14    (c) Subject to the provisions of chapter fifty-nine of the laws of two
   15  thousand, (i) the dormitory authority shall  not  deliver  a  series  of
   16  bonds for city university community college facilities, except to refund
   17  or  to  be substituted for or in lieu of other bonds in relation to city
   18  university community college facilities pursuant to a resolution of  the
   19  dormitory  authority adopted before July first, nineteen hundred eighty-
   20  five or any resolution supplemental thereto, if the principal amount  of
   21  bonds  so  to  be  issued  when  added to all principal amounts of bonds
   22  previously issued by the dormitory authority for city university  commu-
   23  nity  college  facilities, except to refund or to be substituted in lieu
   24  of other bonds in relation to city university community college  facili-
   25  ties will exceed the sum of four hundred twenty-five million dollars and
   26  (ii)  the dormitory authority shall not deliver a series of bonds issued
   27  for city university facilities, including community college  facilities,
   28  pursuant  to a resolution of the dormitory authority adopted on or after
   29  July first, nineteen hundred eighty-five, except  to  refund  or  to  be
   30  substituted for or in lieu of other bonds in relation to city university
   31  facilities  and except for bonds issued pursuant to a resolution supple-
   32  mental to a resolution of the dormitory authority adopted prior to  July
   33  first, nineteen hundred eighty-five, if the principal amount of bonds so
   34  to  be  issued  when  added  to the principal amount of bonds previously
   35  issued pursuant to any such resolution, except bonds issued to refund or
   36  to be substituted for or in lieu of other  bonds  in  relation  to  city
   37  university  facilities,  will  exceed  [six]  SEVEN  billion [eight] ONE
   38  hundred   [fifty-three]   TWENTY-SIX   million   [two]   EIGHT   hundred
   39  TWENTY-EIGHT  thousand  dollars.   The legislature reserves the right to
   40  amend or repeal such limit, and the state of  New  York,  the  dormitory
   41  authority,  the city university, and the fund are prohibited from coven-
   42  anting or making any other agreements with or for the benefit  of  bond-
   43  holders which might in any way affect such right.
   44    S  42. Subdivision 10-a of section 1680 of the public authorities law,
   45  as amended by section 66 of part HH of chapter 57 of the laws  of  2013,
   46  is amended to read as follows:
   47    10-a.  Subject  to the provisions of chapter fifty-nine of the laws of
   48  two thousand, but notwithstanding any other provision of the law to  the
   49  contrary, the maximum amount of bonds and notes to be issued after March
   50  thirty-first,  two  thousand two, on behalf of the state, in relation to
   51  any locally sponsored community college, shall be  six  hundred  [sixty-
   52  three]  NINETY-FIVE  million  ONE  HUNDRED TWENTY-NINE THOUSAND dollars.
   53  Such amount shall be exclusive of bonds and notes  issued  to  fund  any
   54  reserve  fund  or funds, costs of issuance and to refund any outstanding
   55  bonds and notes, issued on behalf of the state, relating  to  a  locally
   56  sponsored community college.
       S. 6355--A                         77                         A. 8555--A
    1    S  43.  The  public authorities law is amended by adding a new section
    2  1680-r to read as follows:
    3    S  1680-R.    AUTHORIZATION  FOR THE ISSUANCE OF BONDS FOR THE CAPITAL
    4  RESTRUCTURING FINANCING PROGRAM. 1. NOTWITHSTANDING  THE  PROVISIONS  OF
    5  ANY  OTHER  LAW  TO  THE CONTRARY, THE DORMITORY AUTHORITY AND THE URBAN
    6  DEVELOPMENT CORPORATION ARE HEREBY AUTHORIZED TO ISSUE BONDS OR NOTES IN
    7  ONE OR MORE SERIES FOR THE PURPOSE OF  FUNDING  PROJECT  COSTS  FOR  THE
    8  CAPITAL  RESTRUCTURING  FINANCING  PROGRAM  FOR  HEALTH CARE AND RELATED
    9  FACILITIES LICENSED PURSUANT TO THE PUBLIC  HEALTH  LAW  OR  THE  MENTAL
   10  HYGIENE LAW AND OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS.
   11  THE AGGREGATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO BE ISSUED PURSUANT
   12  TO  THIS  SECTION  SHALL  NOT  EXCEED  ONE  BILLION  TWO HUNDRED MILLION
   13  DOLLARS, EXCLUDING BONDS ISSUED TO FUND ONE OR MORE DEBT SERVICE RESERVE
   14  FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH BONDS, AND BONDS OR NOTES ISSUED
   15  TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED. SUCH
   16  BONDS AND NOTES OF THE DORMITORY AUTHORITY  AND  THE  URBAN  DEVELOPMENT
   17  CORPORATION SHALL NOT BE A DEBT OF THE STATE, AND THE STATE SHALL NOT BE
   18  LIABLE  THEREON,  NOR  SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN
   19  THOSE APPROPRIATED BY THE STATE TO THE DORMITORY AUTHORITY AND THE URBAN
   20  DEVELOPMENT CORPORATION FOR PRINCIPAL, INTEREST,  AND  RELATED  EXPENSES
   21  PURSUANT TO A SERVICE CONTRACT AND SUCH BONDS AND NOTES SHALL CONTAIN ON
   22  THE  FACE  THEREOF  A  STATEMENT  TO SUCH EFFECT. EXCEPT FOR PURPOSES OF
   23  COMPLYING WITH THE INTERNAL REVENUE CODE, ANY INTEREST INCOME EARNED  ON
   24  BOND PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS.
   25    2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, IN
   26  ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
   27  RATION IN UNDERTAKING THE FINANCING FOR PROJECT COSTS  FOR  THE  CAPITAL
   28  RESTRUCTURING  FINANCING  PROGRAM FOR HEALTH CARE AND RELATED FACILITIES
   29  LICENSED PURSUANT TO THE PUBLIC HEALTH LAW OR THE MENTAL HYGIENE LAW AND
   30  OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS, THE DIRECTOR OF
   31  THE BUDGET IS HEREBY AUTHORIZED  TO  ENTER  INTO  ONE  OR  MORE  SERVICE
   32  CONTRACTS  WITH THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
   33  RATION, NONE OF WHICH SHALL EXCEED THIRTY YEARS IN DURATION,  UPON  SUCH
   34  TERMS  AND  CONDITIONS  AS  THE DIRECTOR OF THE BUDGET AND THE DORMITORY
   35  AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION AGREE, SO AS TO ANNUALLY
   36  PROVIDE TO THE DORMITORY AUTHORITY  AND  THE  URBAN  DEVELOPMENT  CORPO-
   37  RATION,  IN  THE AGGREGATE, A SUM NOT TO EXCEED THE PRINCIPAL, INTEREST,
   38  AND RELATED EXPENSES REQUIRED FOR SUCH  BONDS  AND  NOTES.  ANY  SERVICE
   39  CONTRACT  ENTERED  INTO  PURSUANT TO THIS SECTION SHALL PROVIDE THAT THE
   40  OBLIGATION OF THE STATE TO PAY THE AMOUNT  THEREIN  PROVIDED  SHALL  NOT
   41  CONSTITUTE  A DEBT OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL
   42  OR STATUTORY PROVISION AND SHALL BE DEEMED EXECUTORY ONLY TO THE  EXTENT
   43  OF MONIES AVAILABLE AND THAT NO LIABILITY SHALL BE INCURRED BY THE STATE
   44  BEYOND  THE  MONIES AVAILABLE FOR SUCH PURPOSE, SUBJECT TO ANNUAL APPRO-
   45  PRIATION BY THE LEGISLATURE. ANY SUCH CONTRACT OR ANY PAYMENTS  MADE  OR
   46  TO  BE  MADE  THEREUNDER  MAY  BE  ASSIGNED AND PLEDGED BY THE DORMITORY
   47  AUTHORITY AND THE URBAN DEVELOPMENT  CORPORATION  AS  SECURITY  FOR  ITS
   48  BONDS AND NOTES, AS AUTHORIZED BY THIS SECTION.
   49    S 44. Subdivision 1 of section 17 of part D of chapter 389 of the laws
   50  of  1997,  providing  for  the  financing of the correctional facilities
   51  improvement fund and the youth facility improvement fund, as amended  by
   52  section  43  of part BB of chapter 58 of the laws of 2011, is amended to
   53  read as follows:
   54    1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
   55  notwithstanding the provisions of section 18 of section 1 of chapter 174
   56  of the laws of 1968, the New York state urban development corporation is
       S. 6355--A                         78                         A. 8555--A
    1  hereby  authorized  to  issue  bonds,  notes and other obligations in an
    2  aggregate principal amount not  to  exceed  four  hundred  [twenty-nine]
    3  SIXTY-FIVE  million  [five]  THREE hundred [fifteen] SIXTY-FIVE thousand
    4  dollars  [($429,515,000)]  ($465,365,000), which authorization increases
    5  the aggregate principal amount of bonds,  notes  and  other  obligations
    6  authorized  by  section 40 of chapter 309 of the laws of 1996, and shall
    7  include all bonds, notes and other obligations issued pursuant to  chap-
    8  ter 211 of the laws of 1990, as amended or supplemented. The proceeds of
    9  such  bonds,  notes or other obligations shall be paid to the state, for
   10  deposit in the youth facilities improvement fund, to pay for all or  any
   11  portion  of  the amount or amounts paid by the state from appropriations
   12  or reappropriations made to the office of children and  family  services
   13  from  the  youth  facilities  improvement fund for capital projects. The
   14  aggregate amount of bonds, notes and other obligations authorized to  be
   15  issued  pursuant  to  this  section  shall exclude bonds, notes or other
   16  obligations issued to refund or otherwise repay bonds,  notes  or  other
   17  obligations  theretofore  issued, the proceeds of which were paid to the
   18  state for all or a portion of the amounts expended  by  the  state  from
   19  appropriations  or  reappropriations  made to the office of children and
   20  family services; provided, however, that  upon  any  such  refunding  or
   21  repayment  the  total  aggregate  principal amount of outstanding bonds,
   22  notes or other obligations may be greater  than  four  hundred  [twenty-
   23  nine] SIXTY-FIVE million [five] THREE hundred [fifteen] SIXTY-FIVE thou-
   24  sand dollars [$429,515,000] ($465,365,000), only if the present value of
   25  the aggregate debt service of the refunding or repayment bonds, notes or
   26  other obligations to be issued shall not exceed the present value of the
   27  aggregate debt service of the bonds, notes or other obligations so to be
   28  refunded  or  repaid.  For the purposes hereof, the present value of the
   29  aggregate debt service of the refunding or  repayment  bonds,  notes  or
   30  other  obligations and of the aggregate debt service of the bonds, notes
   31  or other obligations so refunded  or  repaid,  shall  be  calculated  by
   32  utilizing  the  effective  interest  rate  of the refunding or repayment
   33  bonds, notes or other obligations, which shall be that rate  arrived  at
   34  by  doubling  the  semi-annual  interest rate (compounded semi-annually)
   35  necessary to discount the debt service  payments  on  the  refunding  or
   36  repayment bonds, notes or other obligations from the payment dates ther-
   37  eof  to  the date of issue of the refunding or repayment bonds, notes or
   38  other obligations and to  the  price  bid  including  estimated  accrued
   39  interest  or  proceeds  received  by the corporation including estimated
   40  accrued interest from the sale thereof.
   41    S 45. Subdivision 3 of section 1285-q of the public  authorities  law,
   42  as  added  by  section  6 of part I of chapter 1 of the laws of 2003, is
   43  amended to read follows:
   44    3. The maximum amount of bonds that may be issued for the  purpose  of
   45  financing  hazardous  waste  site remediation projects AND ENVIRONMENTAL
   46  RESTORATION PROJECTS authorized by this section  shall  not  exceed  one
   47  billion  [two]  THREE  hundred  million dollars and shall not exceed one
   48  hundred twenty million dollars for appropriations enacted for any  state
   49  fiscal  year, provided that the bonds not issued for such appropriations
   50  may be issued pursuant to reappropriation in  subsequent  fiscal  years.
   51  [No  bonds  shall  be  issued for the repayment of any new appropriation
   52  enacted after March thirty-first, two thousand  thirteen  for  hazardous
   53  waste  site  remediation  projects  authorized by this section.] Amounts
   54  authorized to be issued by this section  shall  be  exclusive  of  bonds
   55  issued  to fund any debt service reserve funds, pay costs of issuance of
   56  such bonds, and bonds or notes issued to refund or otherwise repay bonds
       S. 6355--A                         79                         A. 8555--A
    1  or notes previously issued. Such bonds  and  notes  of  the  corporation
    2  shall  not  be  a  debt  of the state, and the state shall not be liable
    3  thereon, nor shall they be payable out of any  funds  other  than  those
    4  appropriated  by  this  state  to  the  corporation for debt service and
    5  related expenses pursuant to any service contracts executed pursuant  to
    6  subdivision  one of this section, and such bonds and notes shall contain
    7  on the face thereof a statement to such effect.
    8    S 46. Paragraph b of subdivision 2 of section  9-a  of  section  1  of
    9  chapter 392 of the laws of 1973, constituting the New York state medical
   10  care  facilities  finance agency act, as amended by section 49-c of part
   11  PP of chapter 56 of the laws of 2009, is amended to read as follows:
   12    b. The agency shall have power and is hereby authorized from  time  to
   13  time  to  issue negotiable bonds and notes in conformity with applicable
   14  provisions of the uniform commercial code in such principal  amount  as,
   15  in  the  opinion  of  the  agency, shall be necessary, after taking into
   16  account other moneys which may be available for the purpose, to  provide
   17  sufficient  funds  to  the  facilities  development  corporation, or any
   18  successor agency, for the financing or refinancing of or for the design,
   19  construction, acquisition, reconstruction, rehabilitation or improvement
   20  of mental health services facilities pursuant to  paragraph  a  of  this
   21  subdivision,  the payment of interest on mental health services improve-
   22  ment bonds and mental health services improvement notes issued for  such
   23  purposes,  the establishment of reserves to secure such bonds and notes,
   24  the cost or premium of bond insurance or  the  costs  of  any  financial
   25  mechanisms  which  may  be used to reduce the debt service that would be
   26  payable by the agency on its mental health services facilities  improve-
   27  ment  bonds  and notes and all other expenditures of the agency incident
   28  to and necessary or convenient to providing the  facilities  development
   29  corporation,  or  any  successor agency, with funds for the financing or
   30  refinancing of or for any such design, construction, acquisition, recon-
   31  struction, rehabilitation or improvement and for the refunding of mental
   32  hygiene improvement bonds issued pursuant to section 47-b of the private
   33  housing finance law; provided, however, that the agency shall not  issue
   34  mental  health  services  facilities improvement bonds and mental health
   35  services facilities improvement notes in an aggregate  principal  amount
   36  exceeding  seven  billion  [three]  FOUR hundred [sixty-six] THIRTY-FIVE
   37  million [six] EIGHT hundred FIFTEEN thousand dollars,  excluding  mental
   38  health  services facilities improvement bonds and mental health services
   39  facilities improvement notes issued to refund outstanding mental  health
   40  services facilities improvement bonds and mental health services facili-
   41  ties  improvement notes; provided, however, that upon any such refunding
   42  or repayment of mental  health  services  facilities  improvement  bonds
   43  and/or  mental  health  services  facilities improvement notes the total
   44  aggregate principal amount of outstanding mental health services facili-
   45  ties improvement bonds and mental health  facilities  improvement  notes
   46  may be greater than seven billion [three] FOUR hundred [sixty-six] THIR-
   47  TY-FIVE  million  [six]  EIGHT hundred FIFTEEN thousand dollars only if,
   48  except as hereinafter provided with respect to  mental  health  services
   49  facilities  bonds  and mental health services facilities notes issued to
   50  refund mental hygiene improvement bonds authorized to be issued pursuant
   51  to the provisions of section 47-b of the private  housing  finance  law,
   52  the  present  value  of  the  aggregate debt service of the refunding or
   53  repayment bonds to be issued shall not exceed the present value  of  the
   54  aggregate  debt  service  of  the  bonds  to  be refunded or repaid. For
   55  purposes hereof, the present values of the aggregate debt service of the
   56  refunding or repayment bonds, notes or  other  obligations  and  of  the
       S. 6355--A                         80                         A. 8555--A
    1  aggregate  debt  service  of  the  bonds,  notes or other obligations so
    2  refunded or repaid, shall  be  calculated  by  utilizing  the  effective
    3  interest  rate of the refunding or repayment bonds, notes or other obli-
    4  gations, which shall be that rate arrived at by doubling the semi-annual
    5  interest  rate (compounded semi-annually) necessary to discount the debt
    6  service payments on the refunding or repayment  bonds,  notes  or  other
    7  obligations  from  the payment dates thereof to the date of issue of the
    8  refunding or repayment bonds, notes or  other  obligations  and  to  the
    9  price  bid  including estimated accrued interest or proceeds received by
   10  the authority including estimated accrued interest from the sale  there-
   11  of.  Such  bonds,  other  than bonds issued to refund outstanding bonds,
   12  shall be scheduled to mature over a  term  not  to  exceed  the  average
   13  useful  life, as certified by the facilities development corporation, of
   14  the projects for which the bonds are issued, and in any case  shall  not
   15  exceed  thirty  years  and the maximum maturity of notes or any renewals
   16  thereof shall not exceed five years from the date of the original  issue
   17  of such notes. Notwithstanding the provisions of this section, the agen-
   18  cy  shall have the power and is hereby authorized to issue mental health
   19  services facilities improvement  bonds  and/or  mental  health  services
   20  facilities  improvement  notes  to  refund  outstanding  mental  hygiene
   21  improvement bonds authorized to be issued pursuant to the provisions  of
   22  section  47-b of the private housing finance law and the amount of bonds
   23  issued or outstanding for  such  purposes  shall  not  be  included  for
   24  purposes  of  determining  the  amount  of bonds issued pursuant to this
   25  section. The director of the budget shall allocate the aggregate princi-
   26  pal authorized to be issued by the agency among  the  office  of  mental
   27  health, office [of mental retardation and] FOR PEOPLE WITH developmental
   28  disabilities, and the office of alcoholism and substance abuse services,
   29  in  consultation with their respective commissioners to finance bondable
   30  appropriations previously approved by the legislature.
   31    S 47. This act shall take effect immediately and shall  be  deemed  to
   32  have  been in full force and effect on and after April 1, 2014; provided
   33  that sections one through nine, and sections thirteen  through  nineteen
   34  of  this  act  shall  expire  March  31,  2015, when upon such date, the
   35  provisions of such sections shall be deemed repealed.
   36    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
   37  sion, section or part of this act shall be  adjudged  by  any  court  of
   38  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   39  impair, or invalidate the remainder thereof, but shall  be  confined  in
   40  its  operation  to the clause, sentence, paragraph, subdivision, section
   41  or part thereof directly involved in the controversy in which such judg-
   42  ment shall have been rendered. It is hereby declared to be the intent of
   43  the legislature that this act would  have  been  enacted  even  if  such
   44  invalid provisions had not been included herein.
   45    S  3.  This  act shall take effect immediately provided, however, that
   46  the applicable effective date of Parts A through I of this act shall  be
   47  as specifically set forth in the last section of such Parts.