S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 6355                                                  A. 8555
                             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
       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
       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
         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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12670-01-4
       S. 6355                             2                            A. 8555
         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-
         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
       S. 6355                             3                            A. 8555
         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
   23  SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE COMMITTED WITHIN THREE
   24  YEARS  OF  A  CONVICTION  FOR  A VIOLATION OF ANY SUBDIVISION OF SECTION
   25  ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE.
       S. 6355                             4                            A. 8555
    1    S 3. Clause (a) of subparagraph 12 of paragraph (b) of  subdivision  2
    2  of  section 1193 of the vehicle and traffic law, as added by chapter 732
    3  of the laws of 2006, is amended to read as follows:
    4    (a) Notwithstanding any other provision of this chapter to the contra-
    5  ry,  whenever  a  revocation is imposed upon a person for the refusal to
    6  submit to a chemical test pursuant to the provisions of  section  eleven
    7  hundred  ninety-four  of this article or conviction for any violation of
    8  section eleven hundred ninety-two of this article for which  a  sentence
    9  of imprisonment may be imposed OR AN OUT-OF-STATE CONVICTION FOR OPERAT-
   10  ING  A  MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS OR A
   11  CONVICTION OF A VIOLATION OF THE PENAL LAW FOR WHICH A VIOLATION OF SUCH
   12  SECTION ELEVEN HUNDRED NINETY-TWO IS  AN  ESSENTIAL  ELEMENT,  and  such
   13  person  has[:  (i) within the previous four years] PREVIOUSLY been twice
   14  convicted of any provisions of section eleven hundred ninety-two of this
   15  article OR AN OUT-OF-STATE CONVICTION  FOR  OPERATING  A  MOTOR  VEHICLE
   16  WHILE  UNDER  THE  INFLUENCE  OF  ALCOHOL OR DRUGS or a violation of the
   17  penal law for which a violation of such section eleven  hundred  ninety-
   18  two  is an essential element [and at least one such conviction was for a
   19  crime], or has PREVIOUSLY twice been found to have refused to submit  to
   20  a  chemical  test pursuant to section eleven hundred ninety-four of this
   21  article, or has any combination of two such convictions and findings  of
   22  refusal not arising out of the same incident[; or (ii) within the previ-
   23  ous  eight  years been convicted three times of any provision of section
   24  eleven hundred ninety-two of this article for which a sentence of impri-
   25  sonment may be imposed or a violation of  the  penal  law  for  which  a
   26  violation  of  such  section  eleven  hundred ninety-two is an essential
   27  element and at least two such convictions were for crimes, or  has  been
   28  found, on three separate occasions, to have refused to submit to a chem-
   29  ical  test  pursuant to section eleven hundred ninety-four of this arti-
   30  cle, or has any combination of such convictions and findings of  refusal
   31  not  arising  out of the same incident], such revocation shall be perma-
   32  nent.
   33    S 4. Subparagraph 2 of paragraph (d) of subdivision 2 of section  1194
   34  of the vehicle and traffic law, as amended by chapter 732 of the laws of
   35  2006, is amended to read as follows:
   36    (2)  Civil  penalties.  Except as otherwise provided, any person whose
   37  license, permit to drive, or any  non-resident  operating  privilege  is
   38  revoked  pursuant to the provisions of this section shall also be liable
   39  for a civil penalty in the amount of five hundred dollars except that if
   40  such revocation is a second or subsequent revocation  pursuant  to  this
   41  section  issued  within  a  five  year  period,  or such person has been
   42  convicted of a violation of any subdivision of  section  eleven  hundred
   43  ninety-two of this article within the past five years not arising out of
   44  the  same  incident,  the civil penalty shall be in the amount of [seven
   45  hundred fifty] ONE THOUSAND dollars. Any person whose license is revoked
   46  pursuant to the provisions of this  section  based  upon  a  finding  of
   47  refusal  to submit to a chemical test while operating a commercial motor
   48  vehicle shall also be liable for a civil penalty of five  hundred  fifty
   49  dollars  except  that  if  such person has previously been found to have
   50  refused a chemical test pursuant  to  this  section  while  operating  a
   51  commercial motor vehicle or has a prior conviction of any of the follow-
   52  ing  offenses  while operating a commercial motor vehicle: any violation
   53  of section eleven hundred ninety-two of this article; any  violation  of
   54  subdivision  two  of section six hundred of this chapter; or has a prior
   55  conviction of any felony involving the use of a commercial motor vehicle
   56  pursuant to paragraph (a) of subdivision one  of  section  five  hundred
       S. 6355                             5                            A. 8555
    1  ten-a  of  this  chapter, then the civil penalty shall be [seven hundred
    2  fifty] ONE THOUSAND dollars. No new driver's license or permit shall  be
    3  issued,  or  non-resident  operating  privilege  restored to such person
    4  unless  such  penalty  has  been  paid.  All  penalties collected by the
    5  department pursuant to the provisions of this section shall be the prop-
    6  erty of the state and shall be paid into the general fund of  the  state
    7  treasury.
    8    S  5. Paragraph (b) of subdivision 3 of section 511 of the vehicle and
    9  traffic law, as separately amended by chapters 786 and 892 of  the  laws
   10  of 1990, is amended to read as follows:
   11    (b)  Aggravated  unlicensed  operation of a motor vehicle in the first
   12  degree is a class E felony. When a person is convicted  of  this  crime,
   13  the sentence of the court must be: (i) a fine in an amount not less than
   14  [five hundred] ONE THOUSAND dollars nor more than five thousand dollars;
   15  and  (ii)  a term of imprisonment as provided in the penal law, or (iii)
   16  where appropriate and a term of imprisonment  is  not  required  by  the
   17  penal  law,  a  sentence  of probation as provided in subdivision six of
   18  this section, or (iv) a  term  of  imprisonment  as  a  condition  of  a
   19  sentence of probation as provided in the penal law.
   20    S 6. Clauses (b), (c), (d) and (e) of subparagraph 12 of paragraph (b)
   21  of  subdivision  2  of  section  1193 of the vehicle and traffic law are
   22  REPEALED and clause (f) is relettered clause (b).
   23    S 7. This act shall take effect on the first of November next succeed-
   24  ing the date on which it shall have become a law.
   25                                   PART B
   26    Section 1. Subparagraphs (x) and (xi) of paragraph a of subdivision  2
   27  of  section  510 of the vehicle and traffic law, as added by chapter 571
   28  of the laws of 2006, are amended and a new subparagraph (xii)  is  added
   29  to read as follows:
   30    (x)  of  a  traffic  infraction  for a subsequent violation of article
   31  twenty-six of this chapter and the commission of such  violation  caused
   32  serious  physical injury to another person and such subsequent violation
   33  occurred within eighteen months of a prior violation of any provision of
   34  article twenty-six of this chapter where the commission  of  such  prior
   35  violation caused the serious physical injury or death of another person;
   36  [or]
   37    (xi)  of  a  traffic  infraction for a subsequent violation of article
   38  twenty-six of this chapter and the commission of such  violation  caused
   39  the death of another person and such subsequent violation occurred with-
   40  in  eighteen  months  of  a  prior violation of any provision of article
   41  twenty-six of this chapter where the commission of such prior  violation
   42  caused the serious physical injury or death of another person[.]; OR
   43    (XII)  OF  A  SECOND OR SUBSEQUENT VIOLATION OF SECTION TWELVE HUNDRED
   44  TWENTY-FIVE-C OR SECTION TWELVE HUNDRED TWENTY-FIVE-D OF  THIS  CHAPTER,
   45  WHERE  SUCH  PERSON  WAS  UNDER THE AGE OF TWENTY-ONE AT THE TIME OF THE
   46  COMMISSION OF SUCH VIOLATIONS.
   47    S 2. Paragraph b of subdivision 2 of section 510 of  the  vehicle  and
   48  traffic  law,  is  amended by adding a new subparagraph (xvi) to read as
   49  follows:
   50    (XVI) FOR A PERIOD OF ONE YEAR WHERE THE  HOLDER  IS  CONVICTED  OF  A
   51  VIOLATION  OF  SECTION  TWELVE  HUNDRED  TWENTY-FIVE-C OR SECTION TWELVE
   52  HUNDRED TWENTY-FIVE-D OF THIS CHAPTER, WHERE SUCH PERSON WAS  UNDER  THE
   53  AGE OF TWENTY-ONE AT THE TIME OF THE COMMISSION OF SUCH VIOLATION.
       S. 6355                             6                            A. 8555
    1    S  3.  Subdivision  6 of section 510 of the vehicle and traffic law is
    2  amended by adding a new paragraph n to read as follows:
    3    N.  WHERE  REVOCATION  IS  MANDATORY PURSUANT TO SUBPARAGRAPH (XII) OF
    4  PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, NO NEW LICENSE SHALL  BE
    5  ISSUED FOR AT LEAST ONE YEAR, NOR THEREAFTER EXCEPT IN THE DISCRETION OF
    6  THE COMMISSIONER.
    7    S 4. Section 510-c of the vehicle and traffic law is amended by adding
    8  a new subdivision 3 to read as follows:
    9    3.  ANY  SUSPENSION  OR  REVOCATION  REQUIRED UNDER THIS SECTION FOR A
   10  VIOLATION OF SECTION TWELVE  HUNDRED  TWENTY-FIVE-C  OR  SECTION  TWELVE
   11  HUNDRED TWENTY-FIVE-D OF THIS CHAPTER SHALL BE SUBJECT TO THE PROVISIONS
   12  OF SUBDIVISION TWO OF SECTION FIVE HUNDRED TEN OF THIS ARTICLE.
   13    S  5.  Subdivision 4 of section 1225-c of the vehicle and traffic law,
   14  as amended by section 1 of part C of chapter 55 of the laws of 2013,  is
   15  amended to read as follows:
   16    4.  A  violation of subdivision two of this section shall be a traffic
   17  infraction and shall be punishable by a fine  of  not  less  than  fifty
   18  dollars  nor  more  than  [one  hundred  fifty] TWO HUNDRED dollars upon
   19  conviction of a first violation; upon conviction of a second  violation,
   20  both  of  which  were committed within a period of eighteen months, such
   21  violation shall be punished by a fine of not less than fifty dollars nor
   22  more than [two] THREE hundred dollars; upon conviction  of  a  third  or
   23  subsequent  violation,  all  of  which were committed within a period of
   24  eighteen months, such violation shall be punished by a fine of not  less
   25  than fifty dollars nor more than [four] FIVE hundred dollars.
   26    S  6.  Subdivision 6 of section 1225-d of the vehicle and traffic law,
   27  as amended by section 2 of part C of chapter 55 of the laws of 2013,  is
   28  amended to read as follows:
   29    6. A violation of this section shall be a traffic infraction and shall
   30  be  punishable  by  a  fine of not less than fifty dollars nor more than
   31  [one hundred fifty] TWO HUNDRED  dollars  upon  conviction  of  a  first
   32  violation;  upon  conviction  of  a second violation, both of which were
   33  committed within a period of eighteen months, such  violation  shall  be
   34  punished  by  a  fine of not less than fifty dollars nor more than [two]
   35  THREE  hundred  dollars;  upon  conviction  of  a  third  or  subsequent
   36  violation,  all  of  which  were  committed  within a period of eighteen
   37  months, such violation shall be punished by a  fine  of  not  less  than
   38  fifty dollars nor more than [four] FIVE hundred dollars.
   39    S 7. This act shall take effect on the first of November next succeed-
   40  ing the date on which it shall have become a law.
   41                                   PART C
   42    Section  1.  Section  2  of  part H of chapter 503 of the laws of 2009
   43  relating to the disposition  of  monies  recovered  by  county  district
   44  attorneys  before  the filing of an accusatory instrument, as amended by
   45  section 1 of part F of chapter 55 of the laws of  2013,  is  amended  to
   46  read as follows:
   47    S  2.  This act shall take effect immediately and shall remain in full
   48  force and effect until March 31, [2014] 2015, when it shall  expire  and
   49  be deemed repealed.
   50    S  2.  This  act  shall take effect immediately and shall be deemed to
   51  have been in full force and effect on and after March 31, 2014.
   52                                   PART D
       S. 6355                             7                            A. 8555
    1    Section 1. Paragraph (b) of subdivision 6 of section 186-f of the  tax
    2  law,  as  amended  by  section  1 of part D of chapter 57 of the laws of
    3  2011, is amended to read as follows:
    4    (b)  The  sum  of  one  million  five hundred thousand dollars must be
    5  deposited into the New York state emergency services revolving loan fund
    6  annually; provided, however, that such sums shall not be  deposited  for
    7  state  fiscal  years two thousand eleven--two thousand twelve [and], two
    8  thousand twelve--two thousand thirteen, TWO THOUSAND FOURTEEN--TWO THOU-
    9  SAND FIFTEEN, TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN,  TWO  THOUSAND
   10  SIXTEEN--TWO THOUSAND SEVENTEEN AND TWO THOUSAND SEVENTEEN--TWO THOUSAND
   11  EIGHTEEN;
   12    S 2. This act shall take effect immediately.
   13                                   PART E
   14    Section  1.  Section  167-a  of  the  civil service law, as amended by
   15  section 1 of part I of chapter 55 of the laws of  2012,  is  amended  to
   16  read as follows:
   17    S 167-a. Reimbursement  for  medicare  premium charges. Upon exclusion
   18  from the coverage of the health benefit plan  of  supplementary  medical
   19  insurance  benefits for which an active or retired employee or a depend-
   20  ent covered by the health benefit plan is or would be eligible under the
   21  federal old-age, survivors and disability insurance program,  an  amount
   22  equal to the STANDARD MEDICARE premium charge WITHOUT ANY INCOME-RELATED
   23  ADJUSTMENT  for  such  supplementary medical insurance benefits for such
   24  active or retired employee and his or her dependents, if any,  shall  be
   25  paid  monthly  or  at other intervals to such active or retired employee
   26  from the health insurance fund. Where appropriate, such  amount  may  be
   27  deducted from contributions payable by the employee or retired employee;
   28  or  where  appropriate  in  the  case  of a retired employee receiving a
   29  retirement allowance, such amount may be included with payments  of  his
   30  or  her  retirement  allowance.  All  state  employer, employee, retired
   31  employee and dependent  contributions  to  the  health  insurance  fund,
   32  including  contributions  from public authorities, public benefit corpo-
   33  rations or other quasi-public organizations of the  state  eligible  for
   34  participation  in  the  health benefit plan as authorized by subdivision
   35  two of section  one  hundred  sixty-three  of  this  article,  shall  be
   36  adjusted  as necessary to cover the cost of reimbursing federal old-age,
   37  survivors and disability insurance program premium  charges  under  this
   38  section.  This  cost  shall be included in the calculation of premium or
   39  subscription charges for  health  coverage  provided  to  employees  and
   40  retired  employees  of  the  state,  public  authorities, public benefit
   41  corporations or other quasi-public organizations of the state; provided,
   42  however, the state, public authorities, public benefit  corporations  or
   43  other  quasi-public organizations of the state shall remain obligated to
   44  pay no less than its share of such increased cost  consistent  with  its
   45  share  of  premium or subscription charges provided for by this article.
   46  All other employer contributions to the health insurance fund  shall  be
   47  adjusted as necessary to provide for such payments.
   48    S  2.  This  act  shall take effect immediately and shall be deemed to
   49  have been in full force and effect on and after January 1, 2014.
   50                                   PART F
   51    Section 1. The civil service law is amended by adding  a  new  section
   52  66-a to read as follows:
       S. 6355                             8                            A. 8555
    1    S  66-A.  TERM  APPOINTMENTS  IN  INFORMATION TECHNOLOGY POSITIONS. 1.
    2  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE DEPARTMENT MAY AUTHORIZE
    3  TERM APPOINTMENTS WITHOUT EXAMINATION TO TEMPORARY  POSITIONS  REQUIRING
    4  SPECIAL  EXPERTISE  OR  QUALIFICATIONS  IN  INFORMATION TECHNOLOGY. SUCH
    5  APPOINTMENTS  MAY  BE  AUTHORIZED ONLY IN SUCH CASES WHERE THE OFFICE OF
    6  INFORMATION TECHNOLOGY SERVICES CERTIFIES TO THE DEPARTMENT THAT BECAUSE
    7  OF THE TYPE OF SERVICES TO BE RENDERED OR THE  TEMPORARY  OR  OCCASIONAL
    8  CHARACTER OF SUCH SERVICES, IT WOULD NOT BE PRACTICABLE TO HOLD AN EXAM-
    9  INATION  OF  ANY  KIND.  SUCH  CERTIFICATION  SHALL BE A PUBLIC DOCUMENT
   10  PURSUANT TO THE PUBLIC OFFICERS  LAW  AND  SHALL  IDENTIFY  THE  SPECIAL
   11  EXPERTISE  OR  QUALIFICATIONS  THAT  ARE REQUIRED AND WHY THEY CANNOT BE
   12  OBTAINED THROUGH AN APPOINTMENT FROM AN ELIGIBLE LIST. THE MAXIMUM PERI-
   13  OD FOR A TERM APPOINTMENT ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL
   14  NOT EXCEED SIXTY MONTHS AND SHALL  NOT  BE  EXTENDED,  AND  THE  MAXIMUM
   15  NUMBER  OF  SUCH  APPOINTMENTS  SHALL NOT EXCEED THREE HUNDRED. AT LEAST
   16  FIFTEEN DAYS PRIOR TO MAKING A TERM APPOINTMENT PURSUANT TO THIS SECTION
   17  THE APPOINTING AUTHORITY SHALL PUBLICLY AND CONSPICUOUSLY  POST  IN  ITS
   18  OFFICES INFORMATION ABOUT THE TEMPORARY POSITION AND THE REQUIRED QUALI-
   19  FICATIONS AND SHALL ALLOW ANY QUALIFIED EMPLOYEE TO APPLY FOR SAID POSI-
   20  TION. AN EMPLOYEE APPOINTED PURSUANT TO THIS PROVISION WHO HAS COMPLETED
   21  TWO  YEARS  OF  CONTINUOUS SERVICE UNDER THIS PROVISION SHALL BE ABLE TO
   22  COMPETE IN ONE PROMOTIONAL EXAMINATION THAT IS ALSO  OPEN  TO  EMPLOYEES
   23  WHO HAVE PERMANENT CIVIL SERVICE APPOINTMENTS AND APPROPRIATE QUALIFICA-
   24  TIONS.
   25    2.  A  TEMPORARY  POSITION  ESTABLISHED PURSUANT TO SUBDIVISION ONE OF
   26  THIS SECTION MAY BE ABOLISHED FOR REASONS OF ECONOMY,  CONSOLIDATION  OR
   27  ABOLITION  OF  FUNCTIONS,  CURTAILMENT  OF ACTIVITIES OR OTHERWISE. UPON
   28  SUCH ABOLITION OR AT THE  END  OF  THE  TERM  OF  THE  APPOINTMENT,  THE
   29  PROVISIONS   OF   SECTIONS   SEVENTY-EIGHT,   SEVENTY-NINE,  EIGHTY  AND
   30  EIGHTY-ONE OF THIS CHAPTER SHALL NOT APPLY. IN THE EVENT OF A  REDUCTION
   31  OF WORKFORCE PURSUANT TO SECTION EIGHTY OF THIS CHAPTER AFFECTING INFOR-
   32  MATION  TECHNOLOGY  POSITIONS,  THE  TERM  APPOINTMENTS PURSUANT TO THIS
   33  SECTION AT THE OFFICE OF INFORMATION TECHNOLOGY SERVICES SHALL BE  ABOL-
   34  ISHED  PRIOR TO THE ABOLITION OF PERMANENT COMPETITIVE CLASS INFORMATION
   35  TECHNOLOGY POSITIONS AT THE OFFICE OF  INFORMATION  TECHNOLOGY  SERVICES
   36  INVOLVING COMPARABLE SKILLS AND RESPONSIBILITIES.
   37    3.  (A)  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, THE
   38  DEPARTMENT MAY LIMIT CERTIFICATION FROM THE FOLLOWING ELIGIBLE LISTS  TO
   39  THOSE  ELIGIBLES  IDENTIFIED  AS  HAVING  KNOWLEDGE,  SKILLS  OR CERTIF-
   40  ICATIONS, OR ANY  COMBINATION  THEREOF,  IDENTIFIED  BY  THE  APPOINTING
   41  AUTHORITY AS NECESSARY TO PERFORM THE DUTIES OF CERTAIN POSITIONS:
   42    35-382 INFORMATION TECHNOLOGY SPECIALIST 4 G-25
   43    35-383 INFORMATION TECHNOLOGY SPECIALIST 4 (DATA COMMUNICATIONS) G-25
   44    35-384 INFORMATION TECHNOLOGY SPECIALIST 4 (DATABASE) G-25
   45    35-386 INFORMATION TECHNOLOGY SPECIALIST 4 (SYSTEMS PROGRAMMING) G-25
   46    35-387 MANAGER INFORMATION TECHNOLOGY SERVICES 1 G-27
   47    35-388 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATA COMMUNICATIONS)
   48  G-27
   49    35-389 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (DATABASE) G-27
   50    35-391 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (SYSTEMS PROGRAMMING)
   51  G-27
   52    35-392 MANAGER INFORMATION TECHNOLOGY SERVICES 1 (TECHNICAL) G-27.
   53    (B)  NO SUCH LIMITATION ON CERTIFICATION SHALL OCCUR UNTIL A SKILL-SET
   54  INVENTORY IS CONDUCTED FOR ALL PERSONS ON ANY LIST SO LIMITED.
       S. 6355                             9                            A. 8555
    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                            10                            A. 8555
    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                            11                            A. 8555
    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                            12                            A. 8555
    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                            13                            A. 8555
    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                            14                            A. 8555
    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                            15                            A. 8555
    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                            16                            A. 8555
    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                            17                            A. 8555
    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                            18                            A. 8555
    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                            19                            A. 8555
    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                            20                            A. 8555
    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                            21                            A. 8555
    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                            22                            A. 8555
    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                            23                            A. 8555
    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                            24                            A. 8555
    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                            25                            A. 8555
    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                            26                            A. 8555
    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                            27                            A. 8555
    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                            28                            A. 8555
    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                            29                            A. 8555
    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 AND
   26  SHALL BE REMOVED ONLY FOR GOOD CAUSE AND SOLELY BY THE  GOVERNOR.    THE
   27  CHIEF ENFORCEMENT COUNSEL SHALL HAVE SOLE AUTHORITY OVER PERSONNEL DECI-
   28  SIONS  WITHIN  THE  ENFORCEMENT  UNIT.  ALL HIRING DECISIONS MADE BY THE
   29  CHIEF ENFORCEMENT COUNSEL SHALL BE  MADE  WITHOUT  REGARD  TO  POLITICAL
   30  PARTY  AFFILIATION.   ANY VACANCY IN THE OFFICE OF CO-EXECUTIVE DIRECTOR
   31  shall be filled by the commissioners or, in the case of a vacancy on the
   32  board, the commissioner of the same major political party as the  vacat-
   33  ing  incumbent  for  the  remaining  period of the term of such vacating
   34  incumbent.
   35    S 3. Subdivision 3 and paragraph (c) of  subdivision  9-A  of  section
   36  3-102  of the election law, subdivision 3 as amended by chapter 9 of the
   37  laws of 1978 and paragraph (c) of subdivision 9-A as  added  by  chapter
   38  430 of the laws of 1997, are amended to read as follows:
   39    3.  conduct any investigation necessary to carry out the provisions of
   40  this chapter, PROVIDED, HOWEVER, THAT THE STATE BOARD OF ELECTIONS CHIEF
   41  ENFORCEMENT COUNSEL, ESTABLISHED PURSUANT TO SECTION 3-100 OF THIS ARTI-
   42  CLE, SHALL CONDUCT ANY INVESTIGATION NECESSARY TO ENFORCE THE PROVISIONS
   43  OF THIS CHAPTER;
   44    (c) establish [a] AN EDUCATIONAL AND training program on ALL REPORTING
   45  REQUIREMENTS INCLUDING BUT NOT LIMITED TO the electronic reporting proc-
   46  ess and make it EASILY AND READILY available to any  such  candidate  or
   47  committee;
   48    S  4. Section 3-104 of the election law, subdivisions 1, 3, 4 and 5 as
   49  redesignated and subdivision 2 as amended by chapter 9 of  the  laws  of
   50  1978, is amended to read as follows:
   51    S 3-104. State board of elections; enforcement powers.
   52    1.  (A)  THERE  SHALL  BE A UNIT KNOWN AS THE DIVISION OF ELECTION LAW
   53  ENFORCEMENT ESTABLISHED WITHIN THE STATE BOARD OF ELECTIONS. THE HEAD OF
   54  SUCH UNIT SHALL BE THE CHIEF ENFORCEMENT COUNSEL.
   55    (B) The state board of elections shall have jurisdiction  of,  and  be
   56  responsible  for,  the  execution  and  enforcement of the provisions of
       S. 6355                            30                            A. 8555
    1  article fourteen of this chapter and other statutes governing campaigns,
    2  elections and  related  procedures;  PROVIDED  HOWEVER  THAT  THE  CHIEF
    3  ENFORCEMENT  COUNSEL  SHALL  HAVE  AUTHORITY  WITHIN  THE STATE BOARD OF
    4  ELECTIONS  TO INVESTIGATE ON HIS OR HER OWN INITIATIVE OR UPON COMPLAINT
    5  ALLEGED  VIOLATIONS  OF  SUCH  STATUTES  AND  ALL  COMPLAINTS   ALLEGING
    6  VIOLATIONS  SHALL  BE  FORWARDED TO THE ENFORCEMENT DIVISION OF ELECTION
    7  LAW ENFORCEMENT.
    8    2. (A) Whenever [the state board of elections or other] A LOCAL  board
    9  of  elections  shall determine, on its own initiative or upon complaint,
   10  or otherwise, that there is substantial reason to believe a violation of
   11  this chapter or  any  code  or  regulation  promulgated  thereunder  has
   12  [occurred] BEEN COMMITTED BY A CANDIDATE OR POLITICAL COMMITTEE OR OTHER
   13  PERSON  OR  ENTITY THAT FILES STATEMENTS REQUIRED BY ARTICLE FOURTEEN OF
   14  THIS CHAPTER SOLELY WITH SUCH LOCAL BOARD, it shall  expeditiously  make
   15  an  investigation  which shall also include investigation of reports and
   16  statements made or failed to be made by the complainant  and  any  poli-
   17  tical  committee supporting his candidacy if the complainant is a candi-
   18  date or, if the complaint was made by an officer or member  of  a  poli-
   19  tical  committee, of reports and statements made or failed to be made by
   20  such political committee and any candidates supported by it. [The  state
   21  board  of elections, in lieu of making such an investigation, may direct
   22  the appropriate board of elections to make an investigation.] THE  LOCAL
   23  BOARD  SHALL  REPORT THE RESULTS OF ITS INVESTIGATION TO THE DIVISION OF
   24  ELECTION LAW ENFORCEMENT CHIEF ENFORCEMENT COUNSEL WITHIN NINETY DAYS OF
   25  THE START OF SUCH INVESTIGATION.   THE  CHIEF  ENFORCEMENT  COUNSEL  MAY
   26  DIRECT  THE LOCAL BOARD OF ELECTIONS AT ANY TIME TO SUSPEND ITS INVESTI-
   27  GATION SO THAT THE DIVISION OF ELECTION LAW ENFORCEMENT CAN  INVESTIGATE
   28  THE MATTER.
   29    (B)  The  [state  board  of  elections]  CHIEF ENFORCEMENT COUNSEL may
   30  request, and shall receive, the assistance of the state  police  in  any
   31  investigation it shall conduct.
   32    [3.  If, after an investigation, the state or other board of elections
   33  finds reasonable cause to believe that a violation  warranting  criminal
   34  prosecution  has taken place, it shall forthwith refer the matter to the
   35  district attorney of the appropriate county and shall make available  to
   36  such  district  attorney  all  relevant papers, documents, testimony and
   37  findings relevant to its investigation.
   38    4. The state or other  board  of  elections  may,  where  appropriate,
   39  commence  a judicial proceeding with respect to the filing or failure to
   40  file any statement of receipts, expenditures,  or  contributions,  under
   41  the  provisions  of  this  chapter, and the state board of elections may
   42  direct the  appropriate  other  board  of  elections  to  commence  such
   43  proceeding.
   44    5.] 3. UPON RECEIPT OF A COMPLAINT AND SUPPORTING INFORMATION ALLEGING
   45  ANY OTHER VIOLATION OF THIS CHAPTER, THE CHIEF ENFORCEMENT COUNSEL SHALL
   46  ANALYZE  THE COMPLAINT TO DETERMINE IF AN INVESTIGATION SHOULD BE UNDER-
   47  TAKEN. THE CHIEF ENFORCEMENT COUNSEL SHALL, IF NECESSARY,  OBTAIN  ADDI-
   48  TIONAL  INFORMATION FROM THE COMPLAINANT OR FROM OTHER SOURCES TO ASSIST
   49  SUCH COUNSEL IN MAKING THIS DETERMINATION. SUCH ANALYSIS  SHALL  INCLUDE
   50  THE FOLLOWING: FIRST, WHETHER THE ALLEGATIONS, IF TRUE, WOULD CONSTITUTE
   51  A  VIOLATION  OF  THIS  CHAPTER AND, SECOND, WHETHER THE ALLEGATIONS ARE
   52  SUPPORTED BY CREDIBLE EVIDENCE.
   53    4. IF THE CHIEF ENFORCEMENT COUNSEL DETERMINES THAT  THE  ALLEGATIONS,
   54  IF  TRUE,  WOULD  NOT CONSTITUTE A VIOLATION OF THIS CHAPTER OR THAT THE
   55  ALLEGATIONS ARE NOT SUPPORTED BY CREDIBLE  EVIDENCE,  HE  OR  SHE  SHALL
   56  ISSUE A LETTER TO THE COMPLAINANT DISMISSING THE COMPLAINT.
       S. 6355                            31                            A. 8555
    1    5.  THE CHIEF ENFORCEMENT COUNSEL SHALL HAVE THE POWER TO FULLY INVES-
    2  TIGATE VIOLATIONS OF THIS CHAPTER, INCLUDING THE POWER TO ISSUE  SUBPOE-
    3  NAS  AND  TO  APPLY  FOR SEARCH WARRANTS PURSUANT TO ARTICLE SIX HUNDRED
    4  NINETY OF THE CRIMINAL PROCEDURE LAW, AND,  EXCEPT  IN  EXIGENT  CIRCUM-
    5  STANCES,  SHALL  GIVE  PRIOR  NOTICE  OF THE APPLICATION TO THE DISTRICT
    6  ATTORNEY OF THE COUNTY IN WHICH SUCH A WARRANT IS TO BE EXECUTED, AND IN
    7  SUCH EXIGENT CIRCUMSTANCES SHALL GIVE SUCH NOTICE AS SOON THEREAFTER  AS
    8  IS  PRACTICABLE;  PROVIDED, HOWEVER THAT THE FAILURE TO GIVE NOTICE OF A
    9  SEARCH WARRANT APPLICATION TO A DISTRICT ATTORNEY SHALL NOT BE A  GROUND
   10  TO  SUPPRESS  THE  EVIDENCE  SEIZED  IN EXECUTING THE WARRANT. THE CHIEF
   11  ENFORCEMENT COUNSEL SHALL BE FURTHER AUTHORIZED TO USE THE FULL INVESTI-
   12  GATIVE POWERS OF THE STATE BOARD OF ELECTIONS, AS PROVIDED FOR IN SUBDI-
   13  VISIONS THREE, FOUR, FIVE AND SIX OF SECTION 3-102 OF THIS TITLE.
   14    6. THE CHIEF ENFORCEMENT COUNSEL  MAY,  AFTER  CONSULTATION  WITH  THE
   15  DISTRICT ATTORNEY AS TO THE TIME AND PLACE OF SUCH ATTENDANCE OR APPEAR-
   16  ANCE,  ATTEND  IN  PERSON  ANY TERM OF THE COUNTY COURT OR SUPREME COURT
   17  HAVING APPROPRIATE JURISDICTION, INCLUDING AN EXTRAORDINARY  SPECIAL  OR
   18  TRIAL  TERM  OF  THE  SUPREME  COURT  WHEN  ONE IS APPOINTED PURSUANT TO
   19  SECTION ONE HUNDRED FORTY-NINE OF THE JUDICIARY LAW,  OR  APPEAR  BEFORE
   20  THE  GRAND  JURY  THEREOF, FOR THE PURPOSE OF MANAGING AND CONDUCTING IN
   21  SUCH COURT OR BEFORE SUCH JURY A CRIMINAL ACTION OR PROCEEDING CONCERNED
   22  WITH A CRIMINAL VIOLATION OF THIS CHAPTER.  THE CHIEF ENFORCEMENT  COUN-
   23  SEL MAY REPRESENT, AND SHALL RECEIVE, THE ASSISTANCE OF THE STATE POLICE
   24  IN  ANY INVESTIGATION HE OR SHE SHALL CONDUCT.  IN SUCH CASE, SUCH CHIEF
   25  ENFORCEMENT COUNSEL OR HIS OR HER ASSISTANT SO  ATTENDING  MAY  EXERCISE
   26  ALL  THE POWERS AND PERFORM ALL THE DUTIES IN RESPECT OF SUCH ACTIONS OR
   27  PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE BE AUTHORIZED OR
   28  REQUIRED TO EXERCISE OR PERFORM.
   29    7. (A) IF THE CHIEF ENFORCEMENT COUNSEL  DETERMINES  THAT  SUBSTANTIAL
   30  REASON  EXISTS  TO  BELIEVE  THAT  A PERSON, ACTING AS OR ON BEHALF OF A
   31  CANDIDATE OR POLITICAL COMMITTEE UNDER CIRCUMSTANCES EVINCING AN  INTENT
   32  TO VIOLATE SUCH LAW, HAS UNLAWFULLY ACCEPTED A CONTRIBUTION IN EXCESS OF
   33  A  CONTRIBUTION LIMITATION ESTABLISHED IN ARTICLE FOURTEEN OF THIS CHAP-
   34  TER OR HAS UNLAWFULLY VIOLATED ANY PROVISION OF THIS CHAPTER, THE  CHIEF
   35  ENFORCEMENT  COUNSEL  SHALL  SELECT  A  HEARING  OFFICER, FROM A LIST OF
   36  PROSPECTIVE HEARING OFFICERS EACH APPROVED BY A TWO-THIRDS MAJORITY VOTE
   37  OF THE BOARD, TO WHOM HE OR SHALL SHALL PROVIDE A WRITTEN REPORT AS  TO:
   38  (1)  WHETHER  SUBSTANTIAL  REASON  EXISTS TO BELIEVE A VIOLATION OF THIS
   39  CHAPTER HAS OCCURRED AND, IF SO, THE NATURE OF  THE  VIOLATION  AND  ANY
   40  APPLICABLE  PENALTY,  BASED  ON THE NATURE OF THE VIOLATION; (2) WHETHER
   41  THE MATTER SHOULD  BE  RESOLVED  EXTRA-JUDICIALLY;  AND  (3)  WHETHER  A
   42  SPECIAL PROCEEDING SHOULD BE COMMENCED IN THE SUPREME COURT TO RECOVER A
   43  CIVIL  PENALTY.    THE  HEARING  OFFICER SHALL MAKE FINDINGS OF FACT AND
   44  CONCLUSIONS OF LAW BASED ON A PREPONDERANCE OF THE EVIDENCE AS TO WHETH-
   45  ER A VIOLATION HAS BEEN ESTABLISHED AND WHO IS GUILTY OF SUCH  VIOLATION
   46  ON  NOTICE  TO  AND  WITH  AN  OPPORTUNITY  FOR THE INDIVIDUAL OR ENTITY
   47  ACCUSED OF ANY VIOLATIONS TO BE HEARD.  THE  CHIEF  ENFORCEMENT  COUNSEL
   48  SHALL ADOPT SUCH REPORT AND COMMENCE A SPECIAL PROCEEDING IN THE SUPREME
   49  COURT  PURSUANT  TO  SECTIONS  16-100, 16-114 AND 16-116 OF THIS CHAPTER
   50  SHOULD THE FINDINGS OF FACT AND CONCLUSIONS OF LAW SUPPORT THE COMMENCE-
   51  MENT OF SUCH PROCEEDING.  IF THE BOARD OF ELECTIONS FAILS TO  PRODUCE  A
   52  LIST  OF  ELIGIBLE  HEARING  OFFICERS, THE CHIEF ENFORCEMENT COUNSEL MAY
   53  COMMENCE A SPECIAL PROCEEDING AS  PROVIDED  HEREIN  IN  ACCORDANCE  WITH
   54  RECOMMENDATIONS MADE IN HIS OR HER REPORT.
   55    (B) IF THE CHIEF ENFORCEMENT COUNSEL DETERMINES, THAT REASONABLE CAUSE
   56  EXISTS  TO BELIEVE A VIOLATION WARRANTING CRIMINAL PROSECUTION HAS TAKEN
       S. 6355                            32                            A. 8555
    1  PLACE, THE CHIEF ENFORCEMENT COUNSEL SHALL COMMENCE A CRIMINAL ACTION OR
    2  REFER SUCH MATTER TO THE ATTORNEY  GENERAL  OR  DISTRICT  ATTORNEY  WITH
    3  JURISDICTION OVER SUCH MATTER TO COMMENCE A CRIMINAL ACTION AS SUCH TERM
    4  IS DEFINED IN THE CRIMINAL PROCEDURE LAW.
    5    8. UPON NOTIFICATION THAT A SPECIAL PROCEEDING HAS BEEN COMMENCED BY A
    6  PARTY  OTHER  THAN  THE  STATE  BOARD  OF ELECTIONS, PURSUANT TO SECTION
    7  16-114 OF THIS CHAPTER, THE CHIEF ENFORCEMENT COUNSEL SHALL  INVESTIGATE
    8  THE ALLEGED VIOLATIONS UNLESS OTHERWISE DIRECTED BY THE COURT.
    9    9.  THE  CHIEF  ENFORCEMENT  COUNSEL  SHALL  PREPARE  A  REPORT, TO BE
   10  INCLUDED IN THE ANNUAL REPORT  TO  THE  GOVERNOR,  THE  STATE  BOARD  OF
   11  ELECTIONS AND LEGISLATURE, SUMMARIZING THE ACTIVITIES OF THE UNIT DURING
   12  THE PREVIOUS YEAR.
   13    10.  The state board of elections may promulgate rules and regulations
   14  consistent with law to effectuate the provisions of this section.
   15    S 5. Subdivision 32 of section 1.20 of the criminal procedure law,  as
   16  amended  by  section  4 of part A of chapter 501 of the laws of 2012, is
   17  amended to read as follows:
   18    32. "District  attorney"  means  a  district  attorney,  an  assistant
   19  district  attorney  or a special district attorney, and, where appropri-
   20  ate, the attorney general,  an  assistant  attorney  general,  a  deputy
   21  attorney  general,  a  special deputy attorney general, [or] the special
   22  prosecutor and inspector general  for  the  protection  of  people  with
   23  special  needs  or  his  or her assistants when acting pursuant to their
   24  duties in matters arising under article twenty of the executive law,  OR
   25  THE  CHIEF  ENFORCEMENT  COUNSEL  OF  THE  STATE BOARD OF ELECTIONS WHEN
   26  ACTING PURSUANT TO HIS OR  HER  DUTIES  IN  MATTERS  ARISING  UNDER  THE
   27  ELECTION LAW.
   28    S  6.  This  act shall take effect on the ninetieth day after it shall
   29  have become a law.
   30                                  SUBPART C
   31    Section 1. Section 14-100 of the election law  is  amended  by  adding
   32  four new subdivisions 12, 13, 14 and 15 to read as follows:
   33    12. "CLEARLY IDENTIFIED CANDIDATE" MEANS THAT:
   34    (A) THE NAME OF THE CANDIDATE INVOLVED APPEARS;
   35    (B) A PHOTOGRAPH OR DRAWING OF THE CANDIDATE APPEARS; OR
   36    (C)  THE  IDENTITY  OF THE CANDIDATE IS APPARENT BY UNAMBIGUOUS REFER-
   37  ENCE.
   38    13. "GENERAL PUBLIC AUDIENCE" MEANS AN AUDIENCE COMPOSED OF MEMBERS OF
   39  THE PUBLIC, INCLUDING A TARGETED SUBGROUP  OF  MEMBERS  OF  THE  PUBLIC;
   40  PROVIDED,  HOWEVER,  IT  DOES  NOT  MEAN AN AUDIENCE SOLELY COMPRISED OF
   41  MEMBERS, RETIREES AND STAFF OF A LABOR ORGANIZATION OR  THEIR  IMMEDIATE
   42  FAMILY  MEMBERS OR AN AUDIENCE SOLELY COMPRISED OF EMPLOYEES OF A CORPO-
   43  RATION, UNINCORPORATED BUSINESS ENTITY OR MEMBERS OF A  BUSINESS,  TRADE
   44  OR PROFESSIONAL ASSOCIATION OR ORGANIZATION.
   45    14.  "LABOR  ORGANIZATION"  MEANS  ANY  ORGANIZATION OF ANY KIND WHICH
   46  EXISTS FOR THE PURPOSE, IN WHOLE OR IN PART, OF  REPRESENTING  EMPLOYEES
   47  EMPLOYED  WITHIN  THE  STATE  OF  NEW  YORK IN DEALING WITH EMPLOYERS OR
   48  EMPLOYER ORGANIZATIONS OR WITH A STATE GOVERNMENT, OR ANY  POLITICAL  OR
   49  CIVIL  SUBDIVISION  OR OTHER AGENCY THEREOF, CONCERNING TERMS AND CONDI-
   50  TIONS OF EMPLOYMENT, GRIEVANCES, LABOR DISPUTES, OR OTHER MATTERS  INCI-
   51  DENTAL TO THE EMPLOYMENT RELATIONSHIP. FOR THE PURPOSES OF THIS ARTICLE,
   52  EACH  LOCAL,  PARENT  NATIONAL OR PARENT INTERNATIONAL ORGANIZATION OF A
   53  STATEWIDE LABOR ORGANIZATION, AND EACH  STATEWIDE  FEDERATION  RECEIVING
       S. 6355                            33                            A. 8555
    1  DUES FROM SUBSIDIARY LABOR ORGANIZATIONS, SHALL BE CONSIDERED A SEPARATE
    2  LABOR ORGANIZATION.
    3    15.  "INTERMEDIARY"  MEANS  AN  INDIVIDUAL,  CORPORATION, PARTNERSHIP,
    4  POLITICAL COMMITTEE, LABOR ORGANIZATION, OR OTHER  ENTITY  WHICH,  OTHER
    5  THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY, OR MESSEN-
    6  GER  SERVICE, DELIVERS ANY CONTRIBUTION FROM ANOTHER PERSON OR ENTITY TO
    7  A CANDIDATE OR AN AUTHORIZED COMMITTEE.
    8    "INTERMEDIARY"  SHALL  NOT  INCLUDE  SPOUSES,  PARENTS,  CHILDREN,  OR
    9  SIBLINGS OF THE PERSON MAKING SUCH CONTRIBUTION.
   10    S  2.  Subdivision 1 of section 14-102 of the election law, as amended
   11  by chapter 8 and as redesignated by chapter 9 of the laws  of  1978,  is
   12  amended to read as follows:
   13    1.  The  treasurer of every political committee which, or any officer,
   14  member or agent of any  such  committee  who,  in  connection  with  any
   15  election,  receives  or  expends  any  money  or other valuable thing or
   16  incurs any liability to pay money or its equivalent  shall  file  state-
   17  ments  sworn,  or subscribed and bearing a form notice that false state-
   18  ments made therein are punishable as a class A misdemeanor  pursuant  to
   19  section  210.45 of the penal law, at the times prescribed by this [arti-
   20  cle] TITLE setting forth all the  receipts,  contributions  to  and  the
   21  expenditures  by  and liabilities of the committee, and of its officers,
   22  members and agents in its behalf.  Such  statements  shall  include  the
   23  dollar  amount  of  any  receipt,  contribution or transfer, or the fair
   24  market value of any receipt, contribution or transfer,  which  is  other
   25  than  of  money,  the  name  and address of the transferor, contributor,
   26  INTERMEDIARY, or person from  whom  received,  and  if  the  transferor,
   27  contributor,  INTERMEDIARY, or person is a political committee; the name
   28  of and the political unit represented by the committee, the date of  its
   29  receipt, the dollar amount of every expenditure, the name and address of
   30  the  person  to  whom  it was made or the name of and the political unit
   31  represented by the committee to which it was made and the date  thereof,
   32  and shall state clearly the purpose of such expenditure. AN INTERMEDIARY
   33  NEED  NOT  BE  REPORTED  FOR  A  CONTRIBUTION  THAT WAS COLLECTED FROM A
   34  CONTRIBUTOR IN CONNECTION WITH A PARTY OR OTHER CANDIDATE-RELATED  EVENT
   35  HELD  AT THE RESIDENCE OF THE PERSON DELIVERING THE CONTRIBUTION, UNLESS
   36  THE EXPENSES OF SUCH EVENT AT SUCH RESIDENCE FOR SUCH  CANDIDATE  EXCEED
   37  FIVE  HUNDRED  DOLLARS OR THE AGGREGATE CONTRIBUTIONS RECEIVED FROM THAT
   38  CONTRIBUTOR AT SUCH EVENT EXCEED FIVE  HUNDRED  DOLLARS.  Any  statement
   39  reporting  a  loan  shall  have attached to it a copy of the evidence of
   40  indebtedness. Expenditures in sums  under  fifty  dollars  need  not  be
   41  specifically  accounted  for  by  separate items in said statements, and
   42  receipts  and  contributions  aggregating  not  more  than   ninety-nine
   43  dollars, from any one contributor need not be specifically accounted for
   44  by  separate  items  in  said  statements,  provided  however, that such
   45  expenditures, receipts and contributions shall be subject to  the  other
   46  provisions of section 14-118 of this [article] TITLE.
   47    S  3.  Section  14-106 of the election law, as amended by section 2 of
   48  part E of chapter 399 of the  laws  of  2011,  is  amended  to  read  as
   49  follows:
   50    S 14-106. Political communication. The statements required to be filed
   51  under  the provisions of this article next succeeding a primary, general
   52  or special election shall be accompanied by a  copy  of  all  broadcast,
   53  cable  or  satellite  schedules  and  scripts, internet, print and other
   54  types  of  advertisements,  pamphlets,  circulars,  flyers,   brochures,
   55  letterheads  and other printed matter purchased or produced, AND REPROD-
   56  UCTIONS OF STATEMENTS OR INFORMATION PUBLISHED TO ONE THOUSAND  OR  MORE
       S. 6355                            34                            A. 8555
    1  MEMBERS  OF  A  GENERAL  PUBLIC AUDIENCE BY COMPUTER OR OTHER ELECTRONIC
    2  DEVICE INCLUDING BUT NOT LIMITED TO ELECTRONIC  MAIL  OR  TEXT  MESSAGE,
    3  purchased  in connection with such election by or under the authority of
    4  the  person filing the statement or the committee or the person on whose
    5  behalf it is filed, as the case  may  be.  Such  copies,  schedules  and
    6  scripts  shall  be  preserved by the officer with whom or the board with
    7  which it is required to be filed for a period of one year from the  date
    8  of filing thereof.
    9    S  4.  The  election  law is amended by adding a new section 14-107 to
   10  read as follows:
   11    S 14-107. INDEPENDENT EXPENDITURE REPORTING. 1. FOR PURPOSES  OF  THIS
   12  ARTICLE:
   13    (A)  "INDEPENDENT  EXPENDITURE"  MEANS AN EXPENDITURE MADE BY A PERSON
   14  FOR AN AUDIO OR VIDEO COMMUNICATION VIA BROADCAST, CABLE OR SATELLITE OR
   15  A WRITTEN COMMUNICATION TO A GENERAL PUBLIC AUDIENCE VIA ADVERTISEMENTS,
   16  PAMPHLETS, CIRCULARS, FLYERS, BROCHURES, LETTERHEADS  OR  OTHER  PRINTED
   17  MATTER  AND  STATEMENTS  OR INFORMATION CONVEYED TO ONE THOUSAND OR MORE
   18  MEMBERS OF A GENERAL PUBLIC AUDIENCE WHICH: (I) UNAMBIGUOUSLY REFERS  TO
   19  AND ADVOCATES FOR OR AGAINST A CLEARLY IDENTIFIED CANDIDATE OR EXPRESSLY
   20  ADVOCATES  THE  SUCCESS  OR  DEFEAT  OF A BALLOT PROPOSAL, AND (II) SUCH
   21  CANDIDATE, THE CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLI-
   22  TICAL COMMITTEE FORMED TO PROMOTE THE SUCCESS  OR  DEFEAT  OF  A  BALLOT
   23  PROPOSAL  OR  ITS AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR
   24  COOPERATE IN ANY SUCH COMMUNICATION.   FOR THE PURPOSES  OF  THIS  DEFI-
   25  NITION, A COMMUNICATION ADVOCATES FOR OR AGAINST A CANDIDATE WHEN IT (I)
   26  IRRESPECTIVE  OF WHEN SUCH COMMUNICATION IS MADE, CONTAINS WORDS SUCH AS
   27  "VOTE," "OPPOSE," "SUPPORT," "ELECT," "DEFEAT," OR "REJECT," WHICH  CALL
   28  FOR  THE ELECTION OR DEFEAT OF THE CLEARLY IDENTIFIED CANDIDATE, OR (II)
   29  WITHIN ONE YEAR OF THE ELECTION BUT MORE THAN SIXTY DAYS BEFORE A GENER-
   30  AL OR SPECIAL ELECTION FOR THE OFFICE SOUGHT BY THE CANDIDATE OR  THIRTY
   31  DAYS  BEFORE  A PRIMARY ELECTION, COULD ONLY BE INTERPRETED BY A REASON-
   32  ABLE PERSON AS ADVOCATING FOR THE ELECTION  OR  DEFEAT  OF  THE  CLEARLY
   33  IDENTIFIED  CANDIDATE  IN SUCH ELECTION BASED UPON UNEQUIVOCAL, UNAMBIG-
   34  UOUS TERMS OF SUPPORT OR OPPOSITION, OR (III) WITHIN SIXTY DAYS PRIOR TO
   35  A GENERAL OR SPECIAL ELECTION FOR THE OFFICE SOUGHT BY THE CANDIDATE  OR
   36  THIRTY  DAYS BEFORE A PRIMARY ELECTION, INCLUDES OR REFERENCES A CLEARLY
   37  IDENTIFIED CANDIDATE.
   38    (B) INDEPENDENT EXPENDITURES DO NOT INCLUDE EXPENDITURES IN CONNECTION
   39  WITH:
   40    (I) A WRITTEN NEWS STORY, COMMENTARY, OR EDITORIAL OR  A  NEWS  STORY,
   41  COMMENTARY,  OR  EDITORIAL  DISTRIBUTED  THROUGH  THE  FACILITIES OF ANY
   42  BROADCASTING STATION, CABLE OR  SATELLITE  UNLESS  SUCH  PUBLICATION  OR
   43  FACILITIES  ARE  OWNED  OR  CONTROLLED BY ANY POLITICAL PARTY, POLITICAL
   44  COMMITTEE OR CANDIDATE; OR
   45    (II) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR
   46    (III) INTERNAL COMMUNICATION BY MEMBERS TO OTHER MEMBERS OF A  MEMBER-
   47  SHIP ORGANIZATION, FOR THE PURPOSE OF SUPPORTING OR OPPOSING A CANDIDATE
   48  OR  CANDIDATES  FOR  ELECTIVE OFFICE, PROVIDED SUCH EXPENDITURES ARE NOT
   49  USED FOR THE COSTS  OF  CAMPAIGN  MATERIAL  OR  COMMUNICATIONS  USED  IN
   50  CONNECTION  WITH  BROADCASTING,  TELECASTING,  NEWSPAPERS, MAGAZINES, OR
   51  OTHER PERIODICAL PUBLICATION, BILLBOARDS, OR SIMILAR  TYPES  OF  GENERAL
   52  PUBLIC COMMUNICATIONS; OR
   53    (IV)  A  COMMUNICATION  PUBLISHED ON THE INTERNET, UNLESS THE COMMUNI-
   54  CATION IS A PAID ADVERTISEMENT.
   55    (C) FOR PURPOSES OF THIS SECTION, THE TERM "PERSON" SHALL MEAN PERSON,
   56  GROUP OF PERSONS, CORPORATION,  UNINCORPORATED  BUSINESS  ENTITY,  LABOR
       S. 6355                            35                            A. 8555
    1  ORGANIZATION OR BUSINESS, TRADE OR PROFESSIONAL ASSOCIATION OR ORGANIZA-
    2  TION, OR POLITICAL COMMITTEE.
    3    2.  WHENEVER  ANY  PERSON  MAKES AN INDEPENDENT EXPENDITURE THAT COSTS
    4  MORE THAN ONE THOUSAND DOLLARS  IN  THE  AGGREGATE,  SUCH  COMMUNICATION
    5  SHALL  CLEARLY  STATE  THE NAME OF THE PERSON WHO PAID FOR, OR OTHERWISE
    6  PUBLISHED OR DISTRIBUTED THE COMMUNICATION AND STATE,  WITH  RESPECT  TO
    7  COMMUNICATIONS  REGARDING  CANDIDATES,  THAT  THE  COMMUNICATION WAS NOT
    8  EXPRESSLY AUTHORIZED OR REQUESTED BY ANY CANDIDATE,  OR  BY  ANY  CANDI-
    9  DATE'S POLITICAL COMMITTEE OR ANY OF ITS AGENTS.
   10    3. (A) ANY PERSON WHO MAKES ANY INDEPENDENT EXPENDITURE IN AN UPCOMING
   11  CALENDAR  YEAR SHALL FIRST REGISTER WITH THE STATE BOARD OF ELECTIONS AS
   12  A POLITICAL COMMITTEE IN CONFORMANCE WITH THIS ARTICLE.
   13    (B) ANY PERSON WHO IS REGISTERED PURSUANT TO  PARAGRAPH  (A)  OF  THIS
   14  SUBDIVISION  SHALL  REPORT  INDEPENDENT  EXPENDITURES  OVER ONE THOUSAND
   15  DOLLARS TO THE STATE BOARD OF ELECTIONS ON A STATEMENT IN THE  FORM  SET
   16  FORTH IN SUBDIVISION FOUR OF THIS SECTION AND AT TIMES SET FORTH IN THIS
   17  SUBDIVISION.
   18    (C)  ANY CONTRIBUTION OVER ONE THOUSAND DOLLARS MADE TO ANY PERSON WHO
   19  HAS REGISTERED WITH THE STATE BOARD OF ELECTIONS PURSUANT  TO  PARAGRAPH
   20  (A)  OF THIS SUBDIVISION PRIOR TO THIRTY DAYS BEFORE ANY PRIMARY, GENER-
   21  AL, OR SPECIAL ELECTION SHALL BE DISCLOSED BY SUCH PERSON TO  THE  STATE
   22  BOARD OF ELECTIONS ELECTRONICALLY WITHIN FORTY-EIGHT HOURS OF RECEIPT.
   23    (D)  ANY CONTRIBUTION OVER ONE THOUSAND DOLLARS MADE TO ANY PERSON WHO
   24  HAS REGISTERED WITH THE STATE BOARD OF ELECTIONS PURSUANT  TO  PARAGRAPH
   25  (A)  OF THIS SUBDIVISION WITHIN THIRTY DAYS BEFORE ANY PRIMARY, GENERAL,
   26  OR SPECIAL ELECTION SHALL BE DISCLOSED BY SUCH PERSON TO THE STATE BOARD
   27  OF ELECTIONS ELECTRONICALLY WITHIN TWENTY-FOUR HOURS OF RECEIPT.
   28    (E) A KNOWING AND WILLFUL VIOLATION OF THE PROVISIONS OF THIS SUBDIVI-
   29  SION SHALL SUBJECT THE PERSON TO A CIVIL PENALTY EQUAL TO FIVE  THOUSAND
   30  DOLLARS  OR  THE  COST  OF THE COMMUNICATION, WHICHEVER IS GREATER, IN A
   31  SPECIAL PROCEEDING OR CIVIL ACTION  BROUGHT  BY  THE  BOARD  OR  IMPOSED
   32  DIRECTLY BY THE BOARD OF ELECTIONS.
   33    4.  EACH  SUCH  STATEMENT  IN  SUBDIVISION THREE OF THIS SECTION SHALL
   34  INCLUDE, IN ADDITION TO ANY OTHER INFORMATION REQUIRED BY LAW:
   35    (A) THE NAME, ADDRESS, OCCUPATION AND EMPLOYER OF  THE  PERSON  MAKING
   36  THE STATEMENT;
   37    (B)  THE  NAME,  ADDRESS, OCCUPATION AND EMPLOYER OF THE PERSON MAKING
   38  THE INDEPENDENT EXPENDITURE;
   39    (C) THE NAME, ADDRESS, OCCUPATION AND EMPLOYER OF ANY PERSON PROVIDING
   40  A CONTRIBUTION, GIFT, LOAN, ADVANCE OR DEPOSIT OF ONE  THOUSAND  DOLLARS
   41  OR  MORE  FOR  THE INDEPENDENT EXPENDITURE, OR THE PROVISION OF SERVICES
   42  FOR THE SAME, AND THE DATE IT WAS GIVEN; PROVIDED, HOWEVER, THE NAME AND
   43  ADDRESS OF A MEMBER OF A  LABOR  ORGANIZATION  IS  NOT  REQUIRED  FOR  A
   44  CONTRIBUTION,  GIFT,  LOAN,  ADVANCE OR DEPOSIT TO A LABOR ORGANIZATION;
   45  AND PROVIDED FURTHER THAT THE NAME AND  ADDRESS  OF  AN  EMPLOYEE  OF  A
   46  CORPORATION,  UNINCORPORATED  BUSINESS ENTITY OR A MEMBER OF A BUSINESS,
   47  TRADE OR PROFESSIONAL ASSOCIATION OR ORGANIZATION IS NOT REQUIRED FOR  A
   48  CONTRIBUTION,  GIFT, LOAN, ADVANCE OR DEPOSIT TO SUCH CORPORATION, UNIN-
   49  CORPORATED BUSINESS ENTITY OR BUSINESS, TRADE  OR  PROFESSIONAL  ASSOCI-
   50  ATION OR ORGANIZATION RESPECTIVELY;
   51    (D)  THE DOLLAR AMOUNT PAID FOR EACH INDEPENDENT EXPENDITURE, THE NAME
   52  AND ADDRESS OF THE PERSON OR ENTITY RECEIVING THE PAYMENT, THE DATE  THE
   53  PAYMENT WAS MADE AND A DESCRIPTION OF THE INDEPENDENT EXPENDITURE; AND
   54    (E) THE ELECTION TO WHICH THE INDEPENDENT EXPENDITURE PERTAINS AND THE
   55  NAME  OF  THE CLEARLY IDENTIFIED CANDIDATE OR THE BALLOT PROPOSAL REFER-
   56  ENCED.
       S. 6355                            36                            A. 8555
    1    5. A COPY OF ALL POLITICAL COMMUNICATIONS PAID FOR BY THE  INDEPENDENT
    2  EXPENDITURE,  INCLUDING BUT NOT LIMITED TO BROADCAST, CABLE OR SATELLITE
    3  SCHEDULES AND SCRIPTS,  ADVERTISEMENTS,  PAMPHLETS,  CIRCULARS,  FLYERS,
    4  BROCHURES, LETTERHEADS AND OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
    5  MATION  CONVEYED  TO  ONE  THOUSAND  OR MORE MEMBERS OF A GENERAL PUBLIC
    6  AUDIENCE BY COMPUTER OR OTHER ELECTRONIC DEVICES SHALL BE FILED WITH THE
    7  STATE BOARD OF ELECTIONS WITH THE STATEMENTS REQUIRED BY THIS SECTION.
    8    6. EVERY STATEMENT REQUIRED TO BE FILED PURSUANT TO THIS SECTION SHALL
    9  BE FILED ELECTRONICALLY WITH THE STATE BOARD OF ELECTIONS.
   10    7. THE STATE BOARD OF  ELECTIONS  SHALL  PROMULGATE  REGULATIONS  WITH
   11  RESPECT TO THE STATEMENTS REQUIRED TO BE FILED BY THIS SECTION AND SHALL
   12  PROVIDE FORMS SUITABLE FOR SUCH STATEMENTS.
   13    S  5.  Subdivision 3 of section 14-124 of the election law, as amended
   14  by chapter 71 of the laws of 1988, is amended to read as follows:
   15    3. The contribution and receipt limits of this article shall not apply
   16  to monies received and expenditures made by a party committee or consti-
   17  tuted committee to maintain a permanent headquarters and staff and carry
   18  on ordinary activities which are not for the express purpose of  promot-
   19  ing the candidacy of specific candidates, EXCEPT THAT CONTRIBUTIONS MADE
   20  FOR  SUCH ACTIVITIES TO A PARTY COMMITTEE OR CONSTITUTED COMMITTEE SHALL
   21  BE LIMITED TO TWENTY-FIVE THOUSAND DOLLARS IN THE  AGGREGATE  FROM  EACH
   22  CONTRIBUTOR IN EACH YEAR.
   23    S  6.  Section  14-126 of the election law, as amended by section 3 of
   24  part E of chapter 399 of the  laws  of  2011,  is  amended  to  read  as
   25  follows:
   26    S 14-126. Violations; penalties. 1. (A) Any person who fails to file a
   27  statement  required  to  be  filed by this article shall be subject to a
   28  civil penalty, not in excess of one thousand dollars, to be  recoverable
   29  in  a  special  proceeding  or  civil action to be brought by the [state
   30  board of elections or other board of elections] CHIEF ENFORCEMENT  COUN-
   31  SEL  PURSUANT  TO THIS CHAPTER OR IMPOSED DIRECTLY BY THE STATE BOARD OF
   32  ELECTIONS.  Any person who, three or more times within a given  election
   33  cycle  for  such term of office, fails to file a statement or statements
   34  required to be filed by this article, shall be subject to a civil penal-
   35  ty, not in excess of ten thousand dollars, to be recoverable as provided
   36  for in this subdivision.
   37    (B) FINES AUTHORIZED TO BE IMPOSED DIRECTLY  BY  THE  STATE  BOARD  OF
   38  ELECTIONS  SHALL  BE  AFTER  A  HEARING  AT  WHICH THE SUBJECT PERSON OR
   39  AUTHORIZED COMMITTEE SHALL BE GIVEN THE OPPORTUNITY TO  BE  HEARD.  SUCH
   40  HEARING  SHALL  BE  HELD  IN  SUCH MANNER AND UPON SUCH NOTICE AS MAY BE
   41  PRESCRIBED BY THE RULES OF THE STATE BOARD OF ELECTIONS. FOR PURPOSES OF
   42  CONDUCTING SUCH HEARINGS, THE STATE BOARD OF ELECTIONS SHALL  BE  DEEMED
   43  TO  BE AN AGENCY WITHIN THE MEANING OF ARTICLE THREE OF THE STATE ADMIN-
   44  ISTRATIVE PROCEDURE ACT AND SHALL ADOPT RULES GOVERNING THE  CONDUCT  OF
   45  ADJUDICATORY  PROCEEDINGS  AND  APPEALS  TAKEN  PURSUANT TO A PROCEEDING
   46  COMMENCED UNDER ARTICLE SEVENTY-EIGHT OF  THE  CIVIL  PRACTICE  LAW  AND
   47  RULES  RELATING  TO  THE ASSESSMENT OF THE CIVIL PENALTIES AUTHORIZED IN
   48  THIS SECTION.
   49    (C) ALL PAYMENTS RECEIVED BY THE STATE BOARD OF ELECTIONS PURSUANT  TO
   50  THIS SECTION SHALL BE RETAINED IN THE APPROPRIATE ACCOUNTS AS DESIGNATED
   51  BY THE DIVISION OF THE BUDGET FOR ENFORCEMENT ACTIVITIES BY THE BOARD OF
   52  ELECTIONS.
   53    2.  Any person who, acting as or on behalf of a candidate or political
   54  committee, under circumstances evincing an intent to violate  such  law,
   55  unlawfully accepts a contribution in excess of a contribution limitation
   56  established  in  this  article,  shall be required to refund such excess
       S. 6355                            37                            A. 8555
    1  amount and shall be subject to a  civil  penalty  equal  to  the  excess
    2  amount plus a fine of up to ten thousand dollars, to be recoverable in a
    3  special  proceeding  or civil action to be brought by the state board of
    4  elections  CHIEF  ENFORCEMENT  COUNSEL  OR IMPOSED DIRECTLY BY THE STATE
    5  BOARD OF ELECTIONS.
    6    3. ANY PERSON WHO FALSELY IDENTIFIES OR FAILS TO  IDENTIFY  ANY  INDE-
    7  PENDENT  EXPENDITURE AS REQUIRED BY SUBDIVISION TWO OF SECTION 14-107 OF
    8  THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY EQUAL TO  ONE  THOUSAND
    9  DOLLARS  OR  THE  COST  OF THE COMMUNICATION, WHICHEVER IS GREATER, IN A
   10  SPECIAL PROCEEDING OR  CIVIL  ACTION  BROUGHT  BY  THE  STATE  BOARD  OF
   11  ELECTIONS  CHIEF  ENFORCEMENT  COUNSEL  OR IMPOSED DIRECTLY BY THE STATE
   12  BOARD OF ELECTIONS.  FOR PURPOSES OF THIS SUBDIVISION, THE TERM "PERSON"
   13  SHALL MEAN A PERSON, GROUP OF PERSONS, CORPORATION, UNINCORPORATED BUSI-
   14  NESS ENTITY, LABOR ORGANIZATION OR BUSINESS, TRADE OR PROFESSIONAL ASSO-
   15  CIATION OR ORGANIZATION OR POLITICAL COMMITTEE.
   16    4. Any person who knowingly and willfully fails to  file  a  statement
   17  required  to  be  filed  by  this article within ten days after the date
   18  provided for filing such statement or any person who knowingly and will-
   19  fully violates any other provision of this article shall be guilty of  a
   20  misdemeanor.
   21    [4.] 5. Any person who knowingly and willfully contributes, accepts or
   22  aids  or  participates  in the acceptance of a contribution in an amount
   23  exceeding an applicable maximum specified in this article shall be guil-
   24  ty of a CLASS A misdemeanor.
   25    [5.] 6. Any person who shall, acting on behalf of a candidate or poli-
   26  tical committee, knowingly and willfully solicit, organize or coordinate
   27  the formation of activities of one or more unauthorized committees, make
   28  expenditures in connection with the nomination for election or  election
   29  of  any  candidate, or solicit any person to make any such expenditures,
   30  for the purpose of evading the contribution limitations of this article,
   31  shall be guilty of a class E felony.
   32    S 7. This act shall take effect June 1, 2014.
   33                                  SUBPART D
   34    Section 1. The article heading of article 14 of the  election  law  is
   35  amended to read as follows:
   36    [Campaign  Receipts  and  Expenditures] CAMPAIGN RECEIPTS AND EXPENDI-
   37  TURES; PUBLIC FINANCING
   38    S 2. Sections 14-100 through 14-130 of article 14 of the election  law
   39  are  designated  title  I  and  a  new title heading is added to read as
   40  follows:
   41                     CAMPAIGN RECEIPTS AND EXPENDITURES
   42    S 3. Section 14-100 of the election law is amended  by  adding  a  new
   43  subdivision 16 to read as follows:
   44    16. "AUTHORIZED COMMITTEE" MEANS THE SINGLE POLITICAL COMMITTEE DESIG-
   45  NATED  BY  A  CANDIDATE  TO RECEIVE ALL CONTRIBUTIONS AUTHORIZED BY THIS
   46  TITLE.
   47    S 3-a. Section 3-104 of the election law is amended by  adding  a  new
   48  subdivision 6 to read as follows:
   49    6.  THERE SHALL BE A UNIT KNOWN AS THE STATE BOARD OF ELECTIONS PUBLIC
   50  FINANCING UNIT ESTABLISHED WITHIN THE STATE BOARD  OF  ELECTIONS,  WHICH
   51  SHALL  BE  RESPONSIBLE  FOR  ADMINISTERING  AND,  WITH  THE  DIVISION OF
   52  ELECTION LAW ENFORCEMENT,  ENFORCING  THE  REQUIREMENTS  OF  THE  PUBLIC
   53  FINANCING  SYSTEM  SET  FORTH  IN  TITLE TWO OF ARTICLE FOURTEEN OF THIS
   54  CHAPTER.
       S. 6355                            38                            A. 8555
    1    S 3-b. Subdivision 2 of section 14-108 of the election law, as amended
    2  by chapter 109 of the laws of 1997, is amended to read as follows:
    3    2.  Each  statement  shall  cover  the  period up to and including the
    4  fourth day next preceding the day specified  for  the  filing  thereof[;
    5  provided,  however,  that].  THE  RECEIPT OF ANY CONTRIBUTION OR LOAN IN
    6  EXCESS OF ONE THOUSAND DOLLARS SHALL  BE  DISCLOSED  WITHIN  FORTY-EIGHT
    7  HOURS  OF RECEIPT, AND SHALL BE REPORTED IN THE SAME MANNER AS ANY OTHER
    8  CONTRIBUTION OR LOAN ON THE  NEXT  APPLICABLE  STATEMENT.  HOWEVER,  any
    9  contribution  or  loan  in  excess  of one thousand dollars, if received
   10  after the close of the period to be covered in the last statement  filed
   11  before  any  primary,  general  or  special  election  but  before  such
   12  election, shall be reported, in the same manner as other  contributions,
   13  within twenty-four hours after receipt.
   14    S  4.  Subdivisions  1  and  10 of section 14-114 of the election law,
   15  subdivision 1 as amended and subdivision 10 as added by  chapter  79  of
   16  the  laws  of 1992 and paragraphs a and b of subdivision 1 as amended by
   17  chapter 659 of the laws of 1994, are amended to read as follows:
   18    1. The following limitations apply to all contributions to  candidates
   19  for election to any public office or for nomination for any such office,
   20  or  for  election  to  any  party positions, and to all contributions to
   21  political committees working directly or indirectly with  any  candidate
   22  to  aid or participate in such candidate's nomination or election, other
   23  than any contributions to any party committee or constituted committee:
   24    a. In any election for a public office to be voted on by the voters of
   25  the entire state, or for nomination to any such office,  no  contributor
   26  may  make a contribution to any candidate or political committee PARTIC-
   27  IPATING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM  AS  DEFINED  IN
   28  TITLE  TWO OF THIS ARTICLE, and no SUCH candidate or political committee
   29  may accept any contribution from any contributor, which is in the aggre-
   30  gate amount greater than:  (i) in the case of any nomination  to  public
   31  office, the product of the total number of enrolled voters in the candi-
   32  date's  party  in the state, excluding voters in inactive status, multi-
   33  plied by $.005, but such amount shall be not [less  than  four  thousand
   34  dollars  nor]  more  than [twelve] SIX thousand dollars [as increased or
   35  decreased by the cost of living adjustment described in paragraph  c  of
   36  this  subdivision,]  and  (ii)  in  the case of any election to [a] SUCH
   37  public office, [twenty-five]  SIX  thousand  dollars  [as  increased  or
   38  decreased  by  the cost of living adjustment described in paragraph c of
   39  this subdivision]; provided however, that the maximum amount  which  may
   40  be  so  contributed  or accepted, in the aggregate, from any candidate's
   41  child, parent, grandparent, brother and sister, and the  spouse  of  any
   42  such  persons,  shall not exceed in the case of any nomination to public
   43  office an amount equivalent to the product of  the  number  of  enrolled
   44  voters  in the candidate's party in the state, excluding voters in inac-
   45  tive status, multiplied by $.025, and in the case of any election for  a
   46  public  office,  an  amount  equivalent  to the product of the number of
   47  registered voters in the state  excluding  voters  in  inactive  status,
   48  multiplied by $.025.
   49    b.  In  any  other  election  for  party position or for election to a
   50  public office or for nomination for any such office, no contributor  may
   51  make  a contribution to any candidate or political committee PARTICIPAT-
   52  ING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM DEFINED IN TITLE TWO
   53  OF THIS ARTICLE (FOR THOSE OFFICES OR POSITIONS COVERED BY THAT  SYSTEM)
   54  and no SUCH candidate or political committee may accept any contribution
   55  from any contributor, which is in the aggregate amount greater than: (i)
   56  in  the  case  of  any election for party position, or for nomination to
       S. 6355                            39                            A. 8555
    1  public office, the product of the total number of enrolled voters in the
    2  candidate's party in the district in which he is a candidate,  excluding
    3  voters  in  inactive status, multiplied by $.05, and (ii) in the case of
    4  any  election  for  a  public office, the product of the total number of
    5  registered voters in the district, excluding voters in inactive  status,
    6  multiplied  by $.05, however in the case of a nomination within the city
    7  of New York for the office of mayor,  public  advocate  or  comptroller,
    8  such  amount  shall be not less than four thousand dollars nor more than
    9  twelve thousand dollars as increased or decreased by the cost of  living
   10  adjustment described in paragraph [c] E of this subdivision; in the case
   11  of  an  election  within  the  city of New York for the office of mayor,
   12  public  advocate  or  comptroller,  twenty-five  thousand   dollars   as
   13  increased  or  decreased  by  the cost of living adjustment described in
   14  paragraph [c] E of this subdivision; in the  case  of  a  nomination  OR
   15  ELECTION  for  state  senator,  four  thousand  dollars [as increased or
   16  decreased by the cost of living adjustment described in paragraph  c  of
   17  this  subdivision;  in  the  case  of an election for state senator, six
   18  thousand two hundred fifty dollars as increased or decreased by the cost
   19  of living adjustment described in paragraph c of this  subdivision];  in
   20  the  case  of  an  election  or nomination for a member of the assembly,
   21  [twenty-five hundred] TWO THOUSAND dollars [as increased or decreased by
   22  the cost of living adjustment described in paragraph c of this  subdivi-
   23  sion;  but  in  no  event  shall  any such maximum exceed fifty thousand
   24  dollars or be less than one thousand dollars];  provided  however,  that
   25  the  maximum  amount  which  may  be  so contributed or accepted, in the
   26  aggregate, from any candidate's child, parent, grandparent, brother  and
   27  sister, and the spouse of any such persons, shall not exceed in the case
   28  of  any  election  for party position or nomination for public office an
   29  amount equivalent to the number of enrolled voters  in  the  candidate's
   30  party  in  the  district in which he is a candidate, excluding voters in
   31  inactive status, multiplied by $.25 and in the case of any  election  to
   32  public  office,  an amount equivalent to the number of registered voters
   33  in the district, excluding voters  in  inactive  status,  multiplied  by
   34  $.25;  or  twelve hundred fifty dollars, whichever is greater, or in the
   35  case of a nomination or election of a  state  senator,  twenty  thousand
   36  dollars,  whichever  is  greater,  or  in  the  case  of a nomination or
   37  election of a member  of  the  assembly  twelve  thousand  five  hundred
   38  dollars,  whichever  is  greater, but in no event shall any such maximum
   39  exceed one hundred thousand dollars.
   40    C.  IN ANY ELECTION FOR A PUBLIC OFFICE TO BE VOTED ON BY  THE  VOTERS
   41  OF  THE ENTIRE STATE, OR FOR NOMINATION TO ANY SUCH OFFICE, NO CONTRIBU-
   42  TOR MAY MAKE A CONTRIBUTION TO ANY CANDIDATE OR POLITICAL  COMMITTEE  IN
   43  CONNECTION  WITH  A  CANDIDATE  WHO  IS NOT A PARTICIPATING CANDIDATE AS
   44  DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE, AND
   45  NO SUCH CANDIDATE OR POLITICAL COMMITTEE  MAY  ACCEPT  ANY  CONTRIBUTION
   46  FROM  ANY  CONTRIBUTOR,  WHICH  IS IN THE AGGREGATE AMOUNT GREATER THAN:
   47  (I) IN THE CASE OF ANY NOMINATION TO PUBLIC OFFICE, THE PRODUCT  OF  THE
   48  TOTAL  NUMBER  OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN THE STATE,
   49  EXCLUDING VOTERS IN INACTIVE  STATUS,  MULTIPLIED  BY  $.005,  BUT  SUCH
   50  AMOUNT  SHALL  BE  NOT LESS THAN FOUR THOUSAND DOLLARS NOR MORE THAN TEN
   51  THOUSAND DOLLARS, AND (II) IN THE CASE  OF  ANY  ELECTION  TO  A  PUBLIC
   52  OFFICE,  FIFTEEN  THOUSAND  DOLLARS;  PROVIDED HOWEVER, THAT THE MAXIMUM
   53  AMOUNT WHICH MAY BE SO CONTRIBUTED OR ACCEPTED, IN THE  AGGREGATE,  FROM
   54  ANY  CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER AND SISTER, AND THE
   55  SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED IN THE CASE  OF  ANY  NOMI-
   56  NATION  TO  PUBLIC  OFFICE  AN  AMOUNT  EQUIVALENT TO THE PRODUCT OF THE
       S. 6355                            40                            A. 8555
    1  NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN THE STATE, EXCLUD-
    2  ING VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.025, AND IN THE  CASE  OF
    3  ANY ELECTION FOR A PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE PRODUCT OF
    4  THE  NUMBER  OF REGISTERED VOTERS IN THE STATE EXCLUDING VOTERS IN INAC-
    5  TIVE STATUS, MULTIPLIED BY $.025.
    6    D. IN ANY OTHER ELECTION FOR PARTY  POSITION  OR  FOR  ELECTION  TO  A
    7  PUBLIC  OFFICE OR FOR NOMINATION FOR ANY SUCH OFFICE, NO CONTRIBUTOR MAY
    8  MAKE  A  CONTRIBUTION  TO  ANY  CANDIDATE  OR  POLITICAL  COMMITTEE   IN
    9  CONNECTION  WITH  A  CANDIDATE  WHO  IS NOT A PARTICIPATING CANDIDATE AS
   10  DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE  AND
   11  NO  SUCH  CANDIDATE  OR  POLITICAL COMMITTEE MAY ACCEPT ANY CONTRIBUTION
   12  FROM ANY CONTRIBUTOR, WHICH IS IN THE AGGREGATE AMOUNT GREATER THAN: (I)
   13  IN THE CASE OF ANY ELECTION FOR PARTY POSITION,  OR  FOR  NOMINATION  TO
   14  PUBLIC OFFICE, THE PRODUCT OF THE TOTAL NUMBER OF ENROLLED VOTERS IN THE
   15  CANDIDATE'S  PARTY IN THE DISTRICT IN WHICH HE IS A CANDIDATE, EXCLUDING
   16  VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.05, AND (II) IN THE  CASE  OF
   17  ANY  ELECTION  FOR  A  PUBLIC OFFICE, THE PRODUCT OF THE TOTAL NUMBER OF
   18  REGISTERED VOTERS IN THE DISTRICT, EXCLUDING VOTERS IN INACTIVE  STATUS,
   19  MULTIPLIED  BY $.05, HOWEVER IN THE CASE OF A NOMINATION WITHIN THE CITY
   20  OF NEW YORK FOR THE OFFICE OF MAYOR,  PUBLIC  ADVOCATE  OR  COMPTROLLER,
   21  SUCH  AMOUNT  SHALL BE NOT LESS THAN FOUR THOUSAND DOLLARS NOR MORE THAN
   22  TWELVE THOUSAND DOLLARS AS INCREASED OR DECREASED BY THE COST OF  LIVING
   23  ADJUSTMENT  DESCRIBED IN PARAGRAPH E OF THIS SUBDIVISION; IN THE CASE OF
   24  AN ELECTION WITHIN THE CITY OF NEW YORK FOR THE OFFICE OF MAYOR,  PUBLIC
   25  ADVOCATE  OR  COMPTROLLER,  TWENTY-FIVE THOUSAND DOLLARS AS INCREASED OR
   26  DECREASED BY THE COST OF LIVING ADJUSTMENT DESCRIBED IN PARAGRAPH  E  OF
   27  THIS  SUBDIVISION;  IN  THE  CASE  OF A NOMINATION OR ELECTION FOR STATE
   28  SENATOR, FIVE THOUSAND DOLLARS; IN THE CASE OF AN ELECTION OR NOMINATION
   29  FOR A MEMBER OF THE ASSEMBLY, THREE THOUSAND DOLLARS; PROVIDED  HOWEVER,
   30  THAT  THE MAXIMUM AMOUNT WHICH MAY BE SO CONTRIBUTED OR ACCEPTED, IN THE
   31  AGGREGATE, FROM ANY CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER  AND
   32  SISTER, AND THE SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED IN THE CASE
   33  OF  ANY  ELECTION  FOR PARTY POSITION OR NOMINATION FOR PUBLIC OFFICE AN
   34  AMOUNT EQUIVALENT TO THE NUMBER OF ENROLLED VOTERS  IN  THE  CANDIDATE'S
   35  PARTY  IN  THE  DISTRICT IN WHICH HE IS A CANDIDATE, EXCLUDING VOTERS IN
   36  INACTIVE STATUS, MULTIPLIED BY $.25 AND IN THE CASE OF ANY  ELECTION  TO
   37  PUBLIC  OFFICE,  AN AMOUNT EQUIVALENT TO THE NUMBER OF REGISTERED VOTERS
   38  IN THE DISTRICT, EXCLUDING VOTERS  IN  INACTIVE  STATUS,  MULTIPLIED  BY
   39  $.25;  OR  TWELVE HUNDRED FIFTY DOLLARS, WHICHEVER IS GREATER, OR IN THE
   40  CASE OF A NOMINATION OR ELECTION OF A  STATE  SENATOR,  TWENTY  THOUSAND
   41  DOLLARS,  WHICHEVER  IS  GREATER,  OR  IN  THE  CASE  OF A NOMINATION OR
   42  ELECTION OF A MEMBER  OF  THE  ASSEMBLY  TWELVE  THOUSAND  FIVE  HUNDRED
   43  DOLLARS,  WHICHEVER  IS  GREATER, BUT IN NO EVENT SHALL ANY SUCH MAXIMUM
   44  EXCEED ONE HUNDRED THOUSAND DOLLARS.
   45    E. At the beginning of each fourth calendar year, commencing in [nine-
   46  teen hundred ninety-five] TWO THOUSAND TWENTY-ONE, the state board shall
   47  determine the percentage of  the  difference  between  the  most  recent
   48  available monthly consumer price index for all urban consumers published
   49  by  the United States bureau of labor statistics and such consumer price
   50  index published for the same month four years previously. The amount  of
   51  each contribution limit fixed AND EXPRESSLY IDENTIFIED FOR ADJUSTMENT in
   52  this  subdivision  shall  be  adjusted  by the amount of such percentage
   53  difference to the closest one hundred dollars by the state board  which,
   54  not  later than the first day of February in each such year, shall issue
   55  a regulation publishing the amount of each such contribution limit. Each
       S. 6355                            41                            A. 8555
    1  contribution limit as so adjusted shall be  the  contribution  limit  in
    2  effect for any election held before the next such adjustment.
    3    F.  EACH  PARTY  OR CONSTITUTED COMMITTEE MAY TRANSFER TO, OR SPEND TO
    4  ELECT OR OPPOSE A CANDIDATE, OR TRANSFER TO ANOTHER PARTY OR CONSTITUTED
    5  COMMITTEE, NO MORE THAN FIVE THOUSAND DOLLARS PER ELECTION, EXCEPT  THAT
    6  SUCH COMMITTEE MAY IN ADDITION TO SUCH TRANSFERS OR EXPENDITURES:
    7    (I) IN A GENERAL OR SPECIAL ELECTION TRANSFER TO, OR SPEND TO ELECT OR
    8  OPPOSE A CANDIDATE, NO MORE THAN FIVE HUNDRED DOLLARS RECEIVED FROM EACH
    9  CONTRIBUTOR; AND
   10    (II)  IN  ANY  ELECTION  SPEND  WITHOUT  LIMITATION  FOR NON-CANDIDATE
   11  EXPENDITURES NOT DESIGNED OR INTENDED TO ELECT A PARTICULAR CANDIDATE OR
   12  CANDIDATES.
   13    G. NOTWITHSTANDING ANY  OTHER  CONTRIBUTION  LIMIT  IN  THIS  SECTION,
   14  PARTICIPATING  CANDIDATES  AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION
   15  14-200-A OF THIS ARTICLE MAY CONTRIBUTE, OUT OF THEIR OWN  MONEY,  THREE
   16  TIMES  THE APPLICABLE CONTRIBUTION LIMIT TO THEIR OWN AUTHORIZED COMMIT-
   17  TEE.
   18    10. [a.] No contributor may make a contribution to a party or  consti-
   19  tuted committee and no such committee may accept a contribution from any
   20  contributor which, in the aggregate, is greater than [sixty-two thousand
   21  five hundred] TWENTY-FIVE THOUSAND dollars per annum.
   22    [b. At the beginning of each fourth calendar year, commencing in nine-
   23  teen hundred ninety-five, the state board shall determine the percentage
   24  of  the  difference  between  the most recent available monthly consumer
   25  price index for all urban  consumers  published  by  the  United  States
   26  bureau  of  labor statistics and such consumer price index published for
   27  the same month four years previously. The amount  of  such  contribution
   28  limit  fixed in paragraph a of this subdivision shall be adjusted by the
   29  amount of such percentage difference to the closest one hundred  dollars
   30  by  the  state  board which, not later than the first day of February in
   31  each such year, shall issue a regulation publishing the amount  of  such
   32  contribution  limit. Such contribution limit as so adjusted shall be the
   33  contribution limit in effect for any election held before the next  such
   34  adjustment.]
   35    S 5. Section 14-116 of the election law, subdivision 1 as redesignated
   36  by chapter 9 of the laws of 1978 and subdivision 2 as amended by chapter
   37  260 of the laws of 1981, is amended to read as follows:
   38    S  14-116.  Political  contributions  by  certain organizations. 1. No
   39  corporation, LIMITED LIABILITY COMPANY, or joint-stock association doing
   40  business in this state, except a corporation or association organized or
   41  maintained for political purposes only, shall directly or indirectly pay
   42  or use or offer, consent or agree to pay or use any  money  or  property
   43  for or in aid of any political party, committee or organization, or for,
   44  or in aid of, any corporation, LIMITED LIABILITY COMPANY, joint-stock or
   45  other  association  organized  or  maintained for political purposes, or
   46  for, or in aid of, any candidate for political office or for  nomination
   47  for  such  office,  or  for  any  political purpose whatever, or for the
   48  reimbursement or indemnification of any person for moneys or property so
   49  used. Any officer, director, stock-holder,  attorney  or  agent  of  any
   50  corporation, LIMITED LIABILITY COMPANY, or joint-stock association which
   51  violates  any  of  the  provisions of this section, who participates in,
   52  aids, abets or advises or consents  to  any  such  violations,  and  any
   53  person  who  solicits  or  knowingly  receives  any money or property in
   54  violation of this section, shall be guilty of a misdemeanor.
   55    2. Notwithstanding the provisions of subdivision one of this  section,
   56  any  corporation or an organization financially supported in whole or in
       S. 6355                            42                            A. 8555
    1  part, by such corporation  may  make  expenditures,  including  contrib-
    2  utions,  not  otherwise prohibited by law, for political purposes, in an
    3  amount not to exceed [five] ONE thousand dollars in the aggregate in any
    4  calendar  year;  provided  that  no  public  utility  shall use revenues
    5  received from the rendition of  public  service  within  the  state  for
    6  contributions  for political purposes unless such cost is charged to the
    7  shareholders of such a public service corporation.
    8    S 6. Section 14-130 of the election law, as added by  chapter  152  of
    9  the laws of 1985, is amended to read as follows:
   10    S  14-130. Campaign funds for personal use.  1. Contributions received
   11  by a candidate or a political committee may be expended for  any  lawful
   12  purpose THAT IS DIRECTLY RELATED TO PROMOTING THE NOMINATION OR ELECTION
   13  OF A CANDIDATE OR THE EXECUTION OF DUTIES ASSOCIATED WITH THE HOLDING OF
   14  A PUBLIC OFFICE OR PARTY POSITION.  Such funds shall not be converted by
   15  any person to a personal use [which is unrelated to a political campaign
   16  or the holding of a public office or party position].
   17    2.  NO CONTRIBUTION SHALL BE USED TO PAY INTEREST OR ANY OTHER FINANCE
   18  CHARGES UPON MONIES LOANED TO THE CAMPAIGN  BY  SUCH  CANDIDATE  OR  THE
   19  SPOUSE OF SUCH CANDIDATE.
   20    3.  (A)  AS  USED IN THIS SECTION, EXPENDITURES FOR "PERSONAL USE" ARE
   21  DEFINED AS EXPENDITURES THAT ARE EXCLUSIVELY FOR THE PERSONAL BENEFIT OF
   22  THE CANDIDATE OR ANY OTHER INDIVIDUAL,  AND  ARE  USED  TO  FULFILL  ANY
   23  COMMITMENT,  OBLIGATION,  OR  EXPENSE OF A PERSON THAT WOULD EXIST IRRE-
   24  SPECTIVE OF THE CANDIDATE'S ELECTION CAMPAIGN OR THE  EXECUTION  OF  THE
   25  DUTIES  OF PUBLIC OFFICE OR THE EXECUTION OF THE DUTIES OF A PARTY OFFI-
   26  CIAL.
   27    (B) EXPENDITURES FOR PERSONAL USE SHALL INCLUDE, BUT ARE  NOT  LIMITED
   28  TO, EXPENSES FOR THE FOLLOWING:
   29    (I)  ANY  RESIDENTIAL  OR  HOUSEHOLD  ITEMS, SUPPLIES OR EXPENDITURES,
   30  INCLUDING MORTGAGE, RENT  OR  UTILITY  PAYMENTS  FOR  ANY  PART  OF  ANY
   31  PERSONAL  RESIDENCE  OF  A  CANDIDATE OR OFFICEHOLDER OR A MEMBER OF THE
   32  CANDIDATE'S OR OFFICEHOLDER'S FAMILY THAT ARE NOT INCURRED AS  A  RESULT
   33  OF, OR TO FACILITATE, THE INDIVIDUAL'S CAMPAIGN, OR THE EXECUTION OF HIS
   34  OR HER PUBLIC DUTIES. IN THE EVENT THAT ANY PROPERTY OR BUILDING IS USED
   35  FOR  BOTH  PERSONAL  AND  CAMPAIGN  USE,  PERSONAL  USE SHALL CONSTITUTE
   36  EXPENSES THAT EXCEED THE PRO-RATED AMOUNT FOR  SUCH  EXPENSES  BASED  ON
   37  FAIR-MARKET VALUE.
   38    (II)  MORTGAGE,  RENT,  OR  UTILITY  PAYMENTS FOR ANY PART OF ANY NON-
   39  RESIDENTIAL PROPERTY THAT IS OWNED BY A CANDIDATE OR OFFICEHOLDER  OR  A
   40  MEMBER  OF  A CANDIDATE'S OR OFFICEHOLDER'S FAMILY AND USED FOR CAMPAIGN
   41  PURPOSES, TO THE EXTENT THE PAYMENTS EXCEED THE FAIR MARKET VALUE OF THE
   42  PROPERTY'S USAGE FOR CAMPAIGN ACTIVITIES;
   43    (III) CLOTHING, OTHER THAN ITEMS THAT ARE USED IN THE CAMPAIGN;
   44    (IV) TUITION PAYMENTS;
   45    (V) CHILDCARE COSTS;
   46    (VI) DUES, FEES, OR GRATUITIES AT A COUNTRY CLUB, HEALTH CLUB,  RECRE-
   47  ATIONAL  FACILITY  OR  OTHER  NONPOLITICAL ORGANIZATION, UNLESS THEY ARE
   48  PART OF A SPECIFIC FUNDRAISING EVENT THAT TAKES PLACE ON  THE  ORGANIZA-
   49  TION'S PREMISES;
   50    (VII)  SALARY  PAYMENTS  OR  OTHER COMPENSATION PROVIDED TO ANY PERSON
   51  WHOSE SERVICES ARE NOT SOLELY  FOR  CAMPAIGN  PURPOSES  OR  PROVIDED  IN
   52  CONNECTION WITH THE EXECUTION OF THE DUTIES OF PUBLIC OFFICE;
   53    (VIII) SALARY PAYMENTS OR OTHER COMPENSATION PROVIDED TO A MEMBER OF A
   54  CANDIDATE'S  FAMILY,  UNLESS  THE  FAMILY  MEMBER IS PROVIDING BONA FIDE
   55  SERVICES TO THE CAMPAIGN. IF A FAMILY MEMBER PROVIDES BONA FIDE SERVICES
   56  TO A CAMPAIGN, ANY SALARY PAYMENTS OR OTHER COMPENSATION  IN  EXCESS  OF
       S. 6355                            43                            A. 8555
    1  THE  FAIR  MARKET  VALUE  OF  THE  SERVICES PROVIDED SHALL BE CONSIDERED
    2  PAYMENTS FOR PERSONAL USE;
    3    (IX) ADMISSION TO A SPORTING EVENT, CONCERT, THEATER, OR OTHER FORM OF
    4  ENTERTAINMENT,  UNLESS  SUCH EVENT IS PART OF A CAMPAIGN OR OFFICEHOLDER
    5  ACTIVITY;
    6    (X) PAYMENT OF ANY FINES OR PENALTIES ASSESSED PURSUANT TO THIS  CHAP-
    7  TER  OR IN CONNECTION WITH A CRIMINAL CONVICTION OR BY THE JOINT COMMIS-
    8  SION FOR PUBLIC ETHICS OR THE LEGISLATIVE ETHICS COMMISSION;
    9    (XI) TRAVEL EXPENSES INCLUDING AUTOMOBILE PURCHASES OR LEASES,  UNLESS
   10  USED SOLELY FOR CAMPAIGN PURPOSES OR IN CONNECTION WITH THE EXECUTION OF
   11  THE  DUTIES  OF PUBLIC OFFICE. IF A CANDIDATE USES CAMPAIGN FUNDS TO PAY
   12  EXPENSES ASSOCIATED WITH TRAVEL THAT INVOLVES BOTH  PERSONAL  ACTIVITIES
   13  AND  CAMPAIGN  ACTIVITIES  OR  OFFICIAL DUTIES, THE INCREMENTAL EXPENSES
   14  THAT RESULT  FROM  THE  PERSONAL  ACTIVITIES  SHALL  BE  CONSIDERED  FOR
   15  PERSONAL  USE UNLESS THE PERSON OR PERSONS BENEFITING FROM THE USE REIM-
   16  BURSE OR REIMBURSES THE CAMPAIGN ACCOUNT WITHIN NINETY DAYS FOR THE FULL
   17  AMOUNT OF THE INCREMENTAL EXPENSES; AND
   18    (XII) ANY OTHER EXPENDITURE DESIGNATED BY THE STATE BOARD OF ELECTIONS
   19  AS CONSTITUTING PERSONAL USE.
   20    4. NOTHING IN THIS SECTION SHALL PROHIBIT A CANDIDATE FROM  PURCHASING
   21  EQUIPMENT  OR  PROPERTY  FROM  HIS  OR HER PERSONAL FUNDS AND LEASING OR
   22  RENTING SUCH EQUIPMENT OR PROPERTY TO A COMMITTEE  WORKING  DIRECTLY  OR
   23  INDIRECTLY  WITH  HIM  TO AID OR PARTICIPATE IN HIS OR HER NOMINATION OR
   24  ELECTION, INCLUDING AN EXPLORATORY COMMITTEE, PROVIDED THAT  THE  CANDI-
   25  DATE  AND  HIS  OR HER CAMPAIGN TREASURER SIGN A WRITTEN LEASE OR RENTAL
   26  AGREEMENT. SUCH AGREEMENT SHALL INCLUDE THE LEASE OR RENTAL PRICE, WHICH
   27  SHALL NOT EXCEED THE FAIR LEASE OR RENTAL VALUE OF  THE  EQUIPMENT.  THE
   28  CANDIDATE  SHALL  NOT  RECEIVE  LEASE  OR  RENTAL PAYMENTS WHICH, IN THE
   29  AGGREGATE, EXCEED THE COST OF PURCHASING THE EQUIPMENT OR PROPERTY.
   30    5. NOTHING IN THIS SECTION SHALL PROHIBIT AN  ELECTED  PUBLIC  OFFICE-
   31  HOLDER  FROM  USING  CAMPAIGN  CONTRIBUTIONS  TO FACILITATE, SUPPORT, OR
   32  OTHERWISE ASSIST IN THE EXECUTION OR PERFORMANCE OF THE DUTIES OF HIS OR
   33  HER PUBLIC OFFICE.
   34    6. THE STATE BOARD OF ELECTIONS SHALL  ISSUE  ADVISORY  OPINIONS  FROM
   35  TIME TO TIME UPON REQUEST TO ADDRESS THE APPLICATION OF THIS SECTION.
   36    S  7.  Article 14 of the election law is amended by adding a new title
   37  II to read as follows:
   38                                  TITLE II
   39                              PUBLIC FINANCING
   40  SECTION 14-200.   LEGISLATIVE FINDINGS AND INTENT.
   41          14-200-A. DEFINITIONS.
   42          14-201.   REPORTING REQUIREMENTS.
   43          14-202.   CONTRIBUTIONS.
   44          14-203.   PROOF OF COMPLIANCE.
   45          14-204.   ELIGIBILITY.
   46          14-205.   LIMITS ON PUBLIC FINANCING.
   47          14-206.   PAYMENT OF PUBLIC MATCHING FUNDS.
   48          14-207.   USE  OF  PUBLIC  MATCHING  FUNDS;  QUALIFIED  CAMPAIGN
   49                      EXPENDITURES.
   50          14-208.   POWERS AND DUTIES OF BOARD.
   51          14-209.   AUDITS AND REPAYMENTS.
   52          14-210.   ENFORCEMENT  AND  PENALTIES  FOR  VIOLATIONS AND OTHER
   53                      PROCEEDINGS.
   54          14-211.   REPORTS.
   55          14-212.   DEBATES FOR CANDIDATES FOR STATEWIDE OFFICE.
   56          14-213.   SEVERABILITY.
       S. 6355                            44                            A. 8555
    1    S 14-200. LEGISLATIVE FINDINGS AND INTENT.  THE LEGISLATURE FINDS THAT
    2  REFORM OF NEW YORK STATE'S CAMPAIGN FINANCE SYSTEM IS CRUCIAL TO IMPROV-
    3  ING PUBLIC CONFIDENCE IN THE STATE'S DEMOCRATIC PROCESSES AND CONTINUING
    4  TO ENSURE A GOVERNMENT THAT IS ACCOUNTABLE TO ALL OF THE VOTERS  OF  THE
    5  STATE  REGARDLESS  OF WEALTH OR POSITION. THE LEGISLATURE FINDS THAT NEW
    6  YORK'S CURRENT SYSTEM OF CAMPAIGN FINANCE, WITH ITS LARGE  CONTRIBUTIONS
    7  TO CANDIDATES FOR OFFICE AND PARTY COMMITTEES, HAS CREATED THE POTENTIAL
    8  FOR  AND  THE  APPEARANCE OF CORRUPTION.   THE LEGISLATURE FURTHER FINDS
    9  THAT, WHETHER OR NOT THIS SYSTEM CREATES ACTUAL CORRUPTION, THE  APPEAR-
   10  ANCE  OF  SUCH  CORRUPTION CAN GIVE RISE TO A DISTRUST IN GOVERNMENT AND
   11  CITIZEN APATHY THAT UNDERMINE THE DEMOCRATIC OPERATION OF THE  POLITICAL
   12  PROCESS.
   13    THE LEGISLATURE ALSO FINDS THAT THE HIGH COST OF RUNNING FOR OFFICE IN
   14  NEW  YORK  DISCOURAGES  QUALIFIED CANDIDATES FROM RUNNING FOR OFFICE AND
   15  CREATES AN ELECTORAL SYSTEM THAT ENCOURAGES CANDIDATES TO SPEND TOO MUCH
   16  TIME RAISING MONEY RATHER THAN ATTENDING TO THE DUTIES OF THEIR  OFFICE,
   17  REPRESENTING  THE  NEEDS  OF  THEIR CONSTITUENTS, AND COMMUNICATING WITH
   18  VOTERS.
   19    THE LEGISLATURE AMENDS THIS CHAPTER CREATING A NEW TITLE TWO TO  ARTI-
   20  CLE  FOURTEEN  OF  THIS CHAPTER TO REDUCE THE POSSIBILITY AND APPEARANCE
   21  THAT SPECIAL INTERESTS EXERCISE UNDUE INFLUENCE OVER STATE OFFICIALS; TO
   22  INCREASE THE ACTUAL AND APPARENT RESPONSIVENESS OF ELECTED OFFICIALS  TO
   23  ALL  VOTERS; TO ENCOURAGE QUALIFIED CANDIDATES TO RUN FOR OFFICE; AND TO
   24  REDUCE THE PRESSURE ON CANDIDATES TO SPEND LARGE AMOUNTS OF TIME RAISING
   25  LARGE CONTRIBUTIONS FOR THEIR CAMPAIGNS.
   26    THE LEGISLATURE FINDS THAT THIS ARTICLE'S LIMITATIONS ON CONTRIBUTIONS
   27  FURTHER  THE  GOVERNMENT'S  INTEREST  IN  REDUCING  REAL  AND   APPARENT
   28  CORRUPTION  AND  IN  BUILDING TRUST IN GOVERNMENT. THE LEGISLATURE FINDS
   29  THAT THE CONTRIBUTION LEVELS ARE SUFFICIENTLY HIGH TO  ALLOW  CANDIDATES
   30  AND  POLITICAL PARTIES TO RAISE ENOUGH MONEY TO RUN EFFECTIVE CAMPAIGNS.
   31  IN ADDITION, THE LEGISLATURE FINDS THAT GRADUATED  CONTRIBUTION  LIMITA-
   32  TIONS REFLECT THE CAMPAIGN NEEDS OF CANDIDATES FOR DIFFERENT OFFICES.
   33    THE LEGISLATURE ALSO FINDS THAT THE SYSTEM OF VOLUNTARY PUBLIC FINANC-
   34  ING  FURTHERS  THE GOVERNMENT'S INTEREST IN ENCOURAGING QUALIFIED CANDI-
   35  DATES TO RUN FOR OFFICE. THE LEGISLATURE FINDS THAT THE VOLUNTARY PUBLIC
   36  FUNDING PROGRAM WILL ENLARGE THE  PUBLIC  DEBATE  AND  INCREASE  PARTIC-
   37  IPATION  IN  THE  DEMOCRATIC PROCESS. IN ADDITION, THE LEGISLATURE FINDS
   38  THAT THE VOLUNTARY EXPENDITURE LIMITATIONS  AND  MATCHING  FUND  PROGRAM
   39  REDUCE  THE BURDEN ON CANDIDATES AND OFFICEHOLDERS TO SPEND TIME RAISING
   40  MONEY FOR THEIR CAMPAIGNS.
   41    THEREFORE, THE LEGISLATURE DECLARES THAT THESE AMENDMENTS FURTHER  THE
   42  IMPORTANT  AND  VALID  GOVERNMENT  INTERESTS  OF  REDUCING VOTER APATHY,
   43  BUILDING CONFIDENCE IN GOVERNMENT, REDUCING THE REALITY  AND  APPEARANCE
   44  OF  CORRUPTION,  AND ENCOURAGING QUALIFIED CANDIDATES TO RUN FOR OFFICE,
   45  WHILE REDUCING CANDIDATES' AND OFFICEHOLDERS' FUNDRAISING BURDENS.
   46    S 14-200-A. DEFINITIONS.  FOR THE PURPOSES OF THIS TITLE, THE  FOLLOW-
   47  ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   48    1.  THE  TERM  "AUTHORIZED  COMMITTEE" SHALL MEAN THE SINGLE COMMITTEE
   49  DESIGNATED BY A CANDIDATE PURSUANT TO SECTION 14-201 OF  THIS  TITLE  TO
   50  RECEIVE  CONTRIBUTIONS  AND  MAKE  EXPENDITURES IN SUPPORT OF THE CANDI-
   51  DATE'S CAMPAIGN.
   52    2. THE TERM "BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
   53    3. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS  APPEARS  IN
   54  SUBDIVISION NINE OF SECTION 14-100 OF THIS ARTICLE.
   55    4. THE TERM "CONTRIBUTOR" SHALL MEAN ANY PERSON OR ENTITY THAT MAKES A
   56  CONTRIBUTION.
       S. 6355                            45                            A. 8555
    1    5.  THE  TERM  "COVERED  ELECTION" SHALL MEAN ANY PRIMARY, GENERAL, OR
    2  SPECIAL ELECTION FOR NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE
    3  OF GOVERNOR, LIEUTENANT GOVERNOR, ATTORNEY GENERAL,  STATE  COMPTROLLER,
    4  STATE SENATOR, OR MEMBER OF THE ASSEMBLY.
    5    6.  THE  TERM "ELECTION CYCLE" SHALL MEAN THE TWO YEAR PERIOD STARTING
    6  THE DAY AFTER THE LAST GENERAL ELECTION FOR  CANDIDATES  FOR  THE  STATE
    7  LEGISLATURE  AND  SHALL MEAN THE FOUR YEAR PERIOD STARTING AFTER THE DAY
    8  AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR STATEWIDE OFFICE.
    9    7. THE TERM "EXPENDITURE" SHALL MEAN ANY GIFT, SUBSCRIPTION,  ADVANCE,
   10  PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF VALUE, OR A CONTRACT TO MAKE
   11  ANY  GIFT,  SUBSCRIPTION,  PAYMENT,  OR  DEPOSIT OF MONEY OR ANYTHING OF
   12  VALUE, MADE IN CONNECTION WITH THE NOMINATION FOR ELECTION, OR ELECTION,
   13  OF ANY CANDIDATE.  EXPENDITURES MADE BY CONTRACT ARE  DEEMED  MADE  WHEN
   14  SUCH FUNDS ARE OBLIGATED.
   15    8.  THE  TERM  "FUND"  SHALL  MEAN THE NEW YORK STATE CAMPAIGN FINANCE
   16  FUND.
   17    9. THE TERM "IMMEDIATE FAMILY" SHALL MEAN A SPOUSE, CHILD, SIBLING  OR
   18  PARENT.
   19    10.  THE  TERM  "INTERMEDIARY"  SHALL MEAN AN INDIVIDUAL, CORPORATION,
   20  PARTNERSHIP, POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER  ENTITY
   21  WHICH BUNDLES, CAUSES TO BE DELIVERED OR OTHERWISE DELIVERS ANY CONTRIB-
   22  UTION FROM ANOTHER PERSON OR ENTITY TO A CANDIDATE OR AUTHORIZED COMMIT-
   23  TEE,  OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY
   24  OR MESSENGER SERVICE.  PROVIDED, HOWEVER, THAT AN  "INTERMEDIARY"  SHALL
   25  NOT INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS, CHILDREN OR SIBLINGS OF
   26  THE  PERSON  MAKING  SUCH CONTRIBUTION OR A STAFF MEMBER OR VOLUNTEER OF
   27  THE CAMPAIGN IDENTIFIED IN WRITING TO THE STATE BOARD OF ELECTIONS. HERE
   28  "CAUSES TO BE DELIVERED" SHALL INCLUDE PROVIDING POSTAGE,  ENVELOPES  OR
   29  OTHER  SHIPPING  MATERIALS FOR THE USE OF DELIVERING THE CONTRIBUTION TO
   30  THE ULTIMATE RECIPIENT.
   31    11. THE TERM "ITEM WITH  SIGNIFICANT  INTRINSIC  AND  ENDURING  VALUE"
   32  SHALL  MEAN  ANY ITEM, INCLUDING TICKETS TO AN EVENT, THAT ARE VALUED AT
   33  TWENTY-FIVE DOLLARS OR MORE.
   34    12. (A) THE TERM "MATCHABLE CONTRIBUTION" SHALL MEAN  A  CONTRIBUTION,
   35  CONTRIBUTIONS  OR  A  PORTION OF A CONTRIBUTION OR CONTRIBUTIONS FOR ANY
   36  COVERED ELECTIONS HELD IN THE SAME ELECTION CYCLE,  MADE  BY  A  NATURAL
   37  PERSON  WHO  IS A UNITED STATES CITIZEN AND RESIDENT IN THE STATE OF NEW
   38  YORK TO A PARTICIPATING CANDIDATE, THAT HAS BEEN REPORTED IN FULL TO THE
   39  BOARD IN ACCORDANCE WITH SECTIONS 14-102 AND 14-104 OF THIS  ARTICLE  BY
   40  THE  CANDIDATE'S  AUTHORIZED  COMMITTEE  AND  HAS BEEN CONTRIBUTED ON OR
   41  BEFORE THE DAY OF THE APPLICABLE PRIMARY,  GENERAL,  RUNOFF  OR  SPECIAL
   42  ELECTION.  ANY  CONTRIBUTION,  CONTRIBUTIONS, OR A PORTION OF A CONTRIB-
   43  UTION DETERMINED TO BE INVALID FOR MATCHING FUNDS BY THE BOARD  MAY  NOT
   44  BE TREATED AS A MATCHABLE CONTRIBUTION FOR ANY PURPOSE.
   45    (B) THE FOLLOWING CONTRIBUTIONS ARE NOT MATCHABLE:
   46    (I) LOANS;
   47    (II) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;
   48    (III) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM
   49  WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
   50    (IV) TRANSFERS FROM A PARTY OR CONSTITUTED COMMITTEE;
   51    (V) ANONYMOUS CONTRIBUTIONS OR CONTRIBUTIONS WHOSE SOURCE IS NOT ITEM-
   52  IZED AS REQUIRED BY SECTION 14-201 OF THIS TITLE;
   53    (VI) CONTRIBUTIONS GATHERED DURING A PREVIOUS ELECTION CYCLE;
   54    (VII) ILLEGAL CONTRIBUTIONS;
   55    (VIII) CONTRIBUTIONS FROM MINORS;
   56    (IX) CONTRIBUTIONS FROM VENDORS FOR CAMPAIGNS; AND
       S. 6355                            46                            A. 8555
    1    (X)  CONTRIBUTIONS  FROM  LOBBYISTS REGISTERED PURSUANT TO SUBDIVISION
    2  (A) OF SECTION ONE-C OF THE LEGISLATIVE LAW.
    3    13. THE TERM "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR A
    4  COVERED  ELECTION  WHO FAILS TO FILE A WRITTEN CERTIFICATION IN THE FORM
    5  OF AN AFFIDAVIT UNDER SECTION 14-204 OF THIS  TITLE  BY  THE  APPLICABLE
    6  DEADLINE.
    7    14.  THE  TERM  "PARTICIPATING CANDIDATE" SHALL MEAN ANY CANDIDATE FOR
    8  NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE OF  GOVERNOR,  LIEU-
    9  TENANT  GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER, STATE SENATOR, OR
   10  MEMBER OF THE ASSEMBLY WHO FILES A WRITTEN CERTIFICATION IN THE FORM  OF
   11  AN AFFIDAVIT PURSUANT TO SECTION 14-204 OF THIS TITLE.
   12    15.  THE TERM "POST-ELECTION PERIOD" SHALL MEAN THE FIVE YEARS FOLLOW-
   13  ING AN ELECTION WHEN A CANDIDATE IS SUBJECT TO AN AUDIT.
   14    16. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN  AN  EXPENDI-
   15  TURE FOR WHICH PUBLIC MATCHING FUNDS MAY BE USED.
   16    17.  THE  TERM  "THRESHOLD  FOR  ELIGIBILITY" SHALL MEAN THE AMOUNT OF
   17  MATCHABLE CONTRIBUTIONS THAT A  CANDIDATE'S  AUTHORIZED  COMMITTEE  MUST
   18  RECEIVE  IN  TOTAL  IN ORDER FOR SUCH CANDIDATE TO QUALIFY FOR VOLUNTARY
   19  PUBLIC FINANCING UNDER THIS TITLE.
   20    18. THE TERM "TRANSFER" SHALL MEAN ANY EXCHANGE  OF  FUNDS  BETWEEN  A
   21  PARTY  OR  CONSTITUTED  COMMITTEE  AND  A CANDIDATE OR ANY OF HIS OR HER
   22  AUTHORIZED COMMITTEES.
   23    S 14-201. REPORTING REQUIREMENTS.   1. POLITICAL  COMMITTEE  REGISTRA-
   24  TION.  POLITICAL  COMMITTEES  AS  DEFINED PURSUANT TO SUBDIVISION ONE OF
   25  SECTION 14-100 OF THIS ARTICLE SHALL  REGISTER  WITH  THE  BOARD  BEFORE
   26  MAKING ANY CONTRIBUTION OR EXPENDITURE.  THE BOARD SHALL PUBLISH A CUMU-
   27  LATIVE  LIST  OF POLITICAL COMMITTEES THAT HAVE REGISTERED, INCLUDING ON
   28  ITS WEBPAGE, AND REGULARLY UPDATE IT.
   29    2. ONLY ONE AUTHORIZED COMMITTEE PER  CANDIDATE  PER  ELECTIVE  OFFICE
   30  SOUGHT.  BEFORE RECEIVING ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR
   31  A  COVERED  ELECTION,  EACH  CANDIDATE  SHALL NOTIFY THE BOARD AS TO THE
   32  EXISTENCE OF HIS OR HER AUTHORIZED COMMITTEE THAT HAS BEEN  APPROVED  BY
   33  SUCH  CANDIDATE.  EACH  CANDIDATE SHALL HAVE ONE AND ONLY ONE AUTHORIZED
   34  COMMITTEE PER ELECTIVE OFFICE SOUGHT. EACH  AUTHORIZED  COMMITTEE  SHALL
   35  HAVE  A  TREASURER  AND  IS SUBJECT TO THE RESTRICTIONS FOUND IN SECTION
   36  14-112 OF THIS ARTICLE.
   37    3. DISCLOSURE REPORTS.  (A) DETAILED REPORTING. IN  ADDITION  TO  EACH
   38  AUTHORIZED AND POLITICAL COMMITTEE REPORTING TO THE BOARD EVERY CONTRIB-
   39  UTION  AND  LOAN  RECEIVED  AND  EVERY  EXPENDITURE MADE IN THE TIME AND
   40  MANNER PRESCRIBED BY SECTIONS 14-102, 14-104 AND 14-108 OF THIS ARTICLE,
   41  EACH AUTHORIZED AND POLITICAL COMMITTEE  SHALL  ALSO  SUBMIT  DISCLOSURE
   42  REPORTS  ON  MARCH  FIFTEENTH  AND  MAY  FIFTEENTH OF EACH ELECTION YEAR
   43  REPORTING TO THE BOARD EVERY CONTRIBUTION AND LOAN  RECEIVED  AND  EVERY
   44  EXPENDITURE  MADE.    FOR  CONTRIBUTORS  WHO  MAKE CONTRIBUTIONS OF FIVE
   45  HUNDRED DOLLARS OR MORE, EACH AUTHORIZED AND POLITICAL  COMMITTEE  SHALL
   46  REPORT  TO  THE  BOARD  THE  OCCUPATION,  AND  BUSINESS  ADDRESS OF EACH
   47  CONTRIBUTOR, LENDER, AND INTERMEDIARY. THE BOARD SHALL  REVISE,  PREPARE
   48  AND  POST  FORMS  ON  ITS  WEBPAGE  THAT  FACILITATE COMPLIANCE WITH THE
   49  REQUIREMENTS OF THIS SECTION.
   50    (B) BOARD REVIEW. THE BOARD'S PUBLIC FINANCING UNIT SHALL REVIEW  EACH
   51  DISCLOSURE  REPORT  FILED  AND  SHALL  INFORM  AUTHORIZED  AND POLITICAL
   52  COMMITTEES OF RELEVANT QUESTIONS THE UNIT HAS CONCERNING: (I) COMPLIANCE
   53  WITH REQUIREMENTS OF THIS TITLE AND OF THE RULES ISSUED  BY  THE  BOARD;
   54  AND  (II)  QUALIFICATION FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO
   55  THIS TITLE. IN THE COURSE OF THIS REVIEW, THE UNIT SHALL GIVE AUTHORIZED
   56  AND POLITICAL COMMITTEES AN OPPORTUNITY TO RESPOND TO AND CORRECT POTEN-
       S. 6355                            47                            A. 8555
    1  TIAL VIOLATIONS AND GIVE CANDIDATES AN OPPORTUNITY TO ADDRESS  QUESTIONS
    2  THE  UNIT  HAS  CONCERNING  THEIR MATCHABLE CONTRIBUTION CLAIMS OR OTHER
    3  ISSUES CONCERNING ELIGIBILITY FOR RECEIVING PUBLIC MATCHING FUNDS PURSU-
    4  ANT  TO THIS TITLE. NOTHING IN THIS PARAGRAPH SHALL PRECLUDE THE UNIT OR
    5  THE BOARD FROM SUBSEQUENTLY REVIEWING SUCH DISCLOSURE REPORTS AND TAKING
    6  ANY ACTION OTHERWISE AUTHORIZED UNDER THIS TITLE.
    7    (C) ITEMIZATION. CONTRIBUTIONS THAT ARE NOT ITEMIZED IN REPORTS  FILED
    8  WITH THE BOARD SHALL NOT BE MATCHABLE.
    9    (D)  OPTION TO FILE MORE FREQUENTLY. PARTICIPATING CANDIDATES MAY FILE
   10  REPORTS OF CONTRIBUTIONS AS FREQUENTLY AS ONCE A WEEK ON FRIDAYS SO THAT
   11  THEIR MATCHING FUNDS MAY BE PAID AT THE EARLIEST ALLOWABLE DATE.
   12    S 14-202. CONTRIBUTIONS.  RECIPIENTS OF FUNDS PURSUANT TO  THIS  TITLE
   13  SHALL  BE  SUBJECT  TO  THE  APPLICABLE CONTRIBUTION LIMITS SET FORTH IN
   14  SECTION 14-114 OF THIS ARTICLE.
   15    S 14-203. PROOF OF COMPLIANCE.   AUTHORIZED AND  POLITICAL  COMMITTEES
   16  SHALL  MAINTAIN  SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR A COVERED
   17  ELECTION AS REQUIRED BY THE BOARD.  AUTHORIZED AND POLITICAL  COMMITTEES
   18  SHALL OBTAIN AND FURNISH TO THE PUBLIC FINANCING UNIT ANY INFORMATION IT
   19  MAY  REQUEST  RELATING  TO  FINANCIAL  TRANSACTIONS OR CONTRIBUTIONS AND
   20  FURNISH SUCH DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS TITLE
   21  AS MAY BE REQUESTED. IN COMPLIANCE WITH SECTION 14-108 OF THIS  ARTICLE,
   22  AUTHORIZED  AND  POLITICAL  COMMITTEES  SHALL  MAINTAIN  COPIES  OF SUCH
   23  RECORDS FOR A PERIOD OF FIVE YEARS.
   24    S 14-204. ELIGIBILITY.  1. TERMS AND CONDITIONS. TO  BE  ELIGIBLE  FOR
   25  VOLUNTARY PUBLIC FINANCING UNDER THIS TITLE, A CANDIDATE MUST:
   26    (A) BE A CANDIDATE IN A COVERED ELECTION;
   27    (B)  MEET  ALL  THE REQUIREMENTS OF LAW TO HAVE HIS OR HER NAME ON THE
   28  BALLOT;
   29    (C) IN THE CASE OF A COVERED GENERAL OR SPECIAL ELECTION,  BE  OPPOSED
   30  BY ANOTHER CANDIDATE ON THE BALLOT WHO IS NOT A WRITE-IN CANDIDATE;
   31    (D)  SUBMIT  A CERTIFICATION IN THE FORM OF AN AFFIDAVIT, IN SUCH FORM
   32  AS MAY BE PRESCRIBED BY THE BOARD, THAT SETS FORTH HIS OR HER ACCEPTANCE
   33  OF AND AGREEMENT TO  COMPLY  WITH  THE  TERMS  AND  CONDITIONS  FOR  THE
   34  PROVISION  OF SUCH FUNDS IN EACH COVERED ELECTION AND SUCH CERTIFICATION
   35  SHALL BE SUBMITTED AT LEAST FOUR MONTHS BEFORE THE ELECTION PURSUANT  TO
   36  A SCHEDULE PROMULGATED BY THE PUBLIC FINANCING UNIT OF THE BOARD;
   37    (E) BE CERTIFIED AS A PARTICIPATING CANDIDATE BY THE BOARD;
   38    (F)  NOT  MAKE, AND NOT HAVE MADE, EXPENDITURES FROM OR USE HIS OR HER
   39  PERSONAL FUNDS OR PROPERTY OR THE PERSONAL  FUNDS  OR  PROPERTY  JOINTLY
   40  HELD  WITH  HIS  OR  HER SPOUSE, OR UNEMANCIPATED CHILDREN IN CONNECTION
   41  WITH HIS OR HER NOMINATION ELECTION OR  ELECTION  TO  A  COVERED  OFFICE
   42  EXCEPT AS A CONTRIBUTION TO HIS OR HER AUTHORIZED COMMITTEE IN AN AMOUNT
   43  THAT EXCEEDS THREE TIMES THE APPLICABLE CONTRIBUTION LIMIT FROM AN INDI-
   44  VIDUAL  CONTRIBUTOR TO CANDIDATES FOR THE OFFICE THAT HE OR SHE IS SEEK-
   45  ING;
   46    (G) MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION TWO OF
   47  THIS SECTION; AND
   48    (H) CONTINUE TO ABIDE BY ALL  REQUIREMENTS  DURING  THE  POST-ELECTION
   49  PERIOD.
   50    2.  THRESHOLD  FOR  ELIGIBILITY. (A) THE THRESHOLD FOR ELIGIBILITY FOR
   51  PUBLIC FUNDING FOR PARTICIPATING CANDIDATES SHALL BE IN THE CASE OF:
   52    (I) GOVERNOR, NOT LESS THAN SIX  HUNDRED  FIFTY  THOUSAND  DOLLARS  IN
   53  MATCHABLE  CONTRIBUTIONS  INCLUDING  AT  LEAST SIX THOUSAND FIVE HUNDRED
   54  MATCHABLE CONTRIBUTIONS COMPRISED OF SUMS BETWEEN TEN  AND  ONE  HUNDRED
   55  SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF NEW YORK STATE;
       S. 6355                            48                            A. 8555
    1    (II)  LIEUTENANT GOVERNOR, ATTORNEY GENERAL, AND COMPTROLLER, NOT LESS
    2  THAN TWO HUNDRED THOUSAND DOLLARS IN MATCHABLE  CONTRIBUTIONS  INCLUDING
    3  AT  LEAST TWO THOUSAND MATCHABLE CONTRIBUTIONS COMPRISED OF SUMS BETWEEN
    4  TEN AND ONE HUNDRED SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS
    5  OF NEW YORK STATE;
    6    (III)  STATE SENATOR, NOT LESS THAN TWENTY THOUSAND DOLLARS IN MATCHA-
    7  BLE CONTRIBUTIONS INCLUDING AT LEAST TWO HUNDRED MATCHABLE CONTRIBUTIONS
    8  COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE  DOLLARS  PER
    9  CONTRIBUTOR,  FROM  RESIDENTS OF THE DISTRICT IN WHICH THE SEAT IS TO BE
   10  FILLED; AND
   11    (IV) MEMBER OF THE ASSEMBLY, NOT LESS THAN  TEN  THOUSAND  DOLLARS  IN
   12  MATCHABLE   CONTRIBUTIONS  INCLUDING  AT  LEAST  ONE  HUNDRED  MATCHABLE
   13  CONTRIBUTIONS COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE
   14  DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF THE  DISTRICT  IN  WHICH  THE
   15  SEAT IS TO BE FILLED.
   16    (B)  ANY PARTICIPATING CANDIDATE MEETING THE THRESHOLD FOR ELIGIBILITY
   17  IN A PRIMARY ELECTION FOR ONE OF THE FOREGOING OFFICES SHALL  BE  DEEMED
   18  TO  HAVE  MET THE THRESHOLD FOR ELIGIBILITY FOR SUCH OFFICE IN ANY OTHER
   19  SUBSEQUENT ELECTION HELD IN THE SAME CALENDAR YEAR.
   20    S 14-205. LIMITS ON PUBLIC FINANCING. THE FOLLOWING LIMITATIONS  APPLY
   21  TO  THE  TOTAL AMOUNTS OF PUBLIC FUNDS THAT MAY BE PROVIDED TO A PARTIC-
   22  IPATING CANDIDATE'S AUTHORIZED COMMITTEE FOR AN ELECTION CYCLE:
   23    1. IN ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS  BY  PARTICIPATING
   24  CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
   25    (I) FOR GOVERNOR, THE SUM OF EIGHT MILLION DOLLARS;
   26    (II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
   27  OF FOUR MILLION DOLLARS;
   28    (III)  FOR  SENATOR,  THE  SUM  OF THREE HUNDRED SEVENTY-FIVE THOUSAND
   29  DOLLARS;
   30    (IV) FOR MEMBER OF THE ASSEMBLY, THE SUM OF ONE  HUNDRED  SEVENTY-FIVE
   31  THOUSAND DOLLARS.
   32    2.  IN  ANY  GENERAL OR SPECIAL ELECTION, RECEIPT OF PUBLIC FUNDS BY A
   33  PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEES  SHALL  NOT  EXCEED  THE
   34  FOLLOWING AMOUNTS:
   35    CANDIDATES FOR ELECTION TO THE OFFICE OF:
   36    GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED)                $10,000,000
   37    ATTORNEY GENERAL                                           $4,000,000
   38    COMPTROLLER                                                $4,000,000
   39    MEMBER OF SENATE                                           $375,000
   40    MEMBER OF ASSEMBLY                                         $175,000
   41    3.  NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS NOT
   42  OPPOSED BY A CANDIDATE ON THE BALLOT IN  A  PRIMARY  ELECTION  SHALL  BE
   43  ENTITLED  TO  PAYMENT OF PUBLIC MATCHING FUNDS, EXCEPT THAT, WHERE THERE
   44  IS A CONTEST IN SUCH PRIMARY ELECTION FOR THE NOMINATION OF AT LEAST ONE
   45  OF THE TWO POLITICAL PARTIES WITH THE HIGHEST AND SECOND HIGHEST  NUMBER
   46  OF  ENROLLED  MEMBERS  FOR SUCH OFFICE, A PARTICIPATING CANDIDATE WHO IS
   47  UNOPPOSED IN THE PRIMARY ELECTION MAY RECEIVE PUBLIC  FUNDS  BEFORE  THE
   48  PRIMARY  ELECTION,  FOR  EXPENSES INCURRED ON OR BEFORE THE DATE OF SUCH
   49  PRIMARY ELECTION, IN AN AMOUNT EQUAL TO UP TO HALF THE SUM SET FORTH  IN
   50  PARAGRAPH ONE OF THIS SECTION.
   51    S 14-206. PAYMENT OF PUBLIC MATCHING FUNDS. 1. DETERMINATION OF ELIGI-
   52  BILITY.  NO PUBLIC MATCHING FUNDS SHALL BE PAID TO AN AUTHORIZED COMMIT-
   53  TEE UNLESS THE PUBLIC FINANCING UNIT DETERMINES THAT  THE  PARTICIPATING
   54  CANDIDATE  HAS  MET  THE ELIGIBILITY REQUIREMENTS OF THIS TITLE. PAYMENT
   55  SHALL NOT EXCEED THE  AMOUNTS  SPECIFIED  IN  SUBDIVISION  TWO  OF  THIS
   56  SECTION,  AND  SHALL  BE  MADE ONLY IN ACCORDANCE WITH THE PROVISIONS OF
       S. 6355                            49                            A. 8555
    1  THIS TITLE. SUCH PAYMENT MAY BE MADE ONLY TO  THE  PARTICIPATING  CANDI-
    2  DATE'S  AUTHORIZED  COMMITTEE.  NO  PUBLIC  MATCHING FUNDS SHALL BE USED
    3  EXCEPT AS REIMBURSEMENT OR PAYMENT FOR QUALIFIED  CAMPAIGN  EXPENDITURES
    4  ACTUALLY  AND  LAWFULLY INCURRED OR TO REPAY LOANS USED TO PAY QUALIFIED
    5  CAMPAIGN EXPENDITURES.
    6    2. CALCULATION OF PAYMENT. IF THE THRESHOLD FOR  ELIGIBILITY  IS  MET,
    7  THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE SHALL RECEIVE PAYMENT
    8  FOR  QUALIFIED  CAMPAIGN  EXPENDITURES OF SIX DOLLARS OF PUBLIC MATCHING
    9  FUNDS FOR EACH ONE DOLLAR OF MATCHABLE CONTRIBUTIONS, FOR THE FIRST  ONE
   10  HUNDRED  SEVENTY-FIVE DOLLARS OF ELIGIBLE PRIVATE FUNDS PER CONTRIBUTOR,
   11  OBTAINED AND REPORTED TO THE BOARD IN ACCORDANCE WITH THE PROVISIONS  OF
   12  THIS TITLE. THE MAXIMUM PAYMENT OF PUBLIC MATCHING FUNDS SHALL BE LIMIT-
   13  ED  TO  THE  AMOUNTS  SET  FORTH IN SECTION 14-205 OF THIS TITLE FOR THE
   14  COVERED ELECTION.
   15    3. TIMING OF PAYMENT. THE PUBLIC FINANCING UNIT SHALL MAKE ANY PAYMENT
   16  OF PUBLIC MATCHING FUNDS TO PARTICIPATING CANDIDATES AS SOON AS IS PRAC-
   17  TICABLE. BUT IN ALL CASES, THAT UNIT SHALL VERIFY ELIGIBILITY FOR PUBLIC
   18  MATCHING FUNDS WITHIN FOUR DAYS OF  RECEIVING  A  CAMPAIGN  CONTRIBUTION
   19  REPORT  FILED  IN COMPLIANCE WITH SECTION 14-104 OF THIS ARTICLE. WITHIN
   20  TWO DAYS OF DETERMINING THAT A CANDIDATE FOR A COVERED OFFICE IS  ELIGI-
   21  BLE  FOR PUBLIC MATCHING FUNDS, THE UNIT SHALL PAY THE APPLICABLE MATCH-
   22  ING FUNDS OWED TO THE CANDIDATE. HOWEVER, THE UNIT SHALL  NOT  MAKE  ANY
   23  PAYMENTS OF PUBLIC MONEY EARLIER THAN THE EARLIEST DATES FOR MAKING SUCH
   24  PAYMENTS  AS  PROVIDED  BY  THIS  TITLE.   IF ANY OF SUCH PAYMENTS WOULD
   25  REQUIRE PAYMENT ON A WEEKEND OR FEDERAL HOLIDAY, PAYMENT SHALL  BE  MADE
   26  ON THE NEXT BUSINESS DAY.
   27    4.  ELECTRONIC  FUNDS  TRANSFER.  THE  BOARD SHALL PROMULGATE RULES TO
   28  FACILITATE ELECTRONIC FUNDS TRANSFERS DIRECTLY FROM  THE  FUND  INTO  AN
   29  AUTHORIZED COMMITTEE'S BANK ACCOUNT.
   30    5.   IRREGULARLY   SCHEDULED   ELECTIONS.  NOTWITHSTANDING  ANY  OTHER
   31  PROVISION OF THIS TITLE, THE BOARD SHALL PROMULGATE RULES TO PROVIDE FOR
   32  THE PROMPT ISSUANCE OF PUBLIC MATCHING FUNDS TO  ELIGIBLE  PARTICIPATING
   33  CANDIDATES  FOR QUALIFIED CAMPAIGN EXPENDITURES IN THE CASE OF ANY OTHER
   34  COVERED ELECTION HELD ON A DAY DIFFERENT FROM THAT THAN ORIGINALLY SCHE-
   35  DULED INCLUDING SPECIAL ELECTIONS. BUT IN ALL CASES, THE PUBLIC  FINANC-
   36  ING  UNIT  SHALL  (A) WITHIN FOUR DAYS OF RECEIVING A REPORT OF CONTRIB-
   37  UTIONS FROM A CANDIDATE FOR A COVERED OFFICE  CLAIMING  ELIGIBILITY  FOR
   38  PUBLIC  MATCHING  FUNDS  VERIFY  THAT CANDIDATE'S ELIGIBILITY FOR PUBLIC
   39  MATCHING FUNDS; AND (B) WITHIN TWO DAYS OF DETERMINING THAT  THE  CANDI-
   40  DATE  FOR  A  COVERED  OFFICE IS ELIGIBLE FOR PUBLIC MATCHING FUNDS, THE
   41  UNIT SHALL PAY THE APPLICABLE MATCHING FUNDS OWED TO THE CANDIDATE.
   42    S 14-207. USE OF PUBLIC MATCHING FUNDS;  QUALIFIED  CAMPAIGN  EXPENDI-
   43  TURES.    1. PUBLIC MATCHING FUNDS PROVIDED UNDER THE PROVISIONS OF THIS
   44  TITLE MAY BE USED ONLY BY AN AUTHORIZED COMMITTEE  FOR  EXPENDITURES  TO
   45  FURTHER   THE  PARTICIPATING  CANDIDATE'S  NOMINATION  FOR  ELECTION  OR
   46  ELECTION, INCLUDING PAYING FOR DEBTS INCURRED WITHIN ONE YEAR  PRIOR  TO
   47  AN  ELECTION  TO  FURTHER  THE  PARTICIPATING CANDIDATE'S NOMINATION FOR
   48  ELECTION OR ELECTION.
   49    2. SUCH PUBLIC MATCHING FUNDS MAY NOT BE USED FOR:
   50    (A) AN EXPENDITURE IN VIOLATION OF ANY LAW;
   51    (B) AN EXPENDITURE IN EXCESS OF THE FAIR  MARKET  VALUE  OF  SERVICES,
   52  MATERIALS, FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
   53    (C) AN EXPENDITURE MADE AFTER THE CANDIDATE HAS BEEN FINALLY DISQUALI-
   54  FIED FROM THE BALLOT;
       S. 6355                            50                            A. 8555
    1    (D)  AN  EXPENDITURE  MADE  AFTER  THE  ONLY REMAINING OPPONENT OF THE
    2  CANDIDATE HAS BEEN FINALLY DISQUALIFIED  FROM  THE  GENERAL  OR  SPECIAL
    3  ELECTION BALLOT;
    4    (E) AN EXPENDITURE MADE BY CASH PAYMENT;
    5    (F)  A  CONTRIBUTION  OR  LOAN  OR  TRANSFER MADE TO OR EXPENDITURE TO
    6  SUPPORT ANOTHER CANDIDATE OR POLITICAL COMMITTEE OR PARTY, COMMITTEE  OR
    7  CONSTITUTED COMMITTEE;
    8    (G)  AN  EXPENDITURE  TO  SUPPORT  OR OPPOSE A CANDIDATE FOR AN OFFICE
    9  OTHER THAN THAT WHICH THE PARTICIPATING CANDIDATE SEEKS;
   10    (H) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED CAMPAIGN
   11  MATERIAL;
   12    (I) LEGAL FEES TO DEFEND AGAINST A CRIMINAL CHARGE;
   13    (J) PAYMENTS TO IMMEDIATE FAMILY MEMBERS OF THE  PARTICIPATING  CANDI-
   14  DATE; OR
   15    (K)  ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
   16  DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION,  ACCEPTANCE,
   17  AUTHORIZATION, DECLINATION OR SUBSTITUTION.
   18    S 14-208. POWERS AND DUTIES OF BOARD.  1. ADVISORY OPINIONS. THE BOARD
   19  SHALL  RENDER  ADVISORY OPINIONS WITH RESPECT TO QUESTIONS ARISING UNDER
   20  THIS TITLE UPON THE WRITTEN REQUEST OF A  CANDIDATE,  AN  OFFICER  OF  A
   21  POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITIATIVE.
   22  THE  BOARD  SHALL PROMULGATE RULES REGARDING REASONABLE TIMES TO RESPOND
   23  TO SUCH REQUESTS. THE BOARD SHALL MAKE PUBLIC THE QUESTIONS OF INTERPRE-
   24  TATION FOR WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE  BOARD  AND
   25  ITS  ADVISORY  OPINIONS,  INCLUDING  BY  PUBLICATION ON ITS WEBPAGE WITH
   26  IDENTIFYING INFORMATION REDACTED AS THE BOARD DETERMINES TO BE APPROPRI-
   27  ATE.
   28    2. PUBLIC INFORMATION AND CANDIDATE EDUCATION. THE BOARD SHALL DEVELOP
   29  A PROGRAM FOR INFORMING CANDIDATES AND THE PUBLIC AS TO THE PURPOSE  AND
   30  EFFECT OF THE PROVISIONS OF THIS TITLE, INCLUDING BY MEANS OF A WEBPAGE.
   31  THE BOARD SHALL PREPARE IN PLAIN LANGUAGE AND MAKE AVAILABLE EDUCATIONAL
   32  MATERIALS,  INCLUDING  COMPLIANCE MANUALS AND SUMMARIES AND EXPLANATIONS
   33  OF THE PURPOSES AND PROVISIONS OF THIS TITLE. THE BOARD SHALL PREPARE OR
   34  HAVE PREPARED AND MAKE AVAILABLE MATERIALS,  INCLUDING,  TO  THE  EXTENT
   35  FEASIBLE,  COMPUTER  SOFTWARE, TO FACILITATE THE TASK OF COMPLIANCE WITH
   36  THE DISCLOSURE AND RECORD-KEEPING REQUIREMENTS OF THIS TITLE.
   37    3. RULES AND REGULATIONS.  THE  BOARD  SHALL  HAVE  THE  AUTHORITY  TO
   38  PROMULGATE SUCH RULES AND REGULATIONS AND PROVIDE SUCH FORMS AS IT DEEMS
   39  NECESSARY FOR THE ADMINISTRATION OF THIS TITLE.
   40    4.  DATABASE.  THE  BOARD  SHALL  DEVELOP  AN  INTERACTIVE, SEARCHABLE
   41  COMPUTER DATABASE THAT SHALL CONTAIN ALL INFORMATION NECESSARY  FOR  THE
   42  PROPER  ADMINISTRATION  OF  THIS TITLE INCLUDING INFORMATION ON CONTRIB-
   43  UTIONS TO AND EXPENDITURES BY CANDIDATES AND THEIR AUTHORIZED COMMITTEE,
   44  INDEPENDENT EXPENDITURES IN SUPPORT  OR  OPPOSITION  OF  CANDIDATES  FOR
   45  COVERED  OFFICES,  AND DISTRIBUTIONS OF MONEYS FROM THE FUND. SUCH DATA-
   46  BASE SHALL BE ACCESSIBLE TO THE PUBLIC ON THE BOARD'S WEBPAGE.
   47    5. THE BOARD'S PUBLIC FINANCING UNIT SHALL WORK WITH  THE  ENFORCEMENT
   48  UNIT TO ENFORCE THIS SECTION.
   49    S 14-209. AUDITS AND REPAYMENTS.  1. AUDITS. THE BOARD SHALL AUDIT AND
   50  EXAMINE  ALL MATTERS RELATING TO THE PROPER ADMINISTRATION OF THIS TITLE
   51  AND SHALL COMPLETE SUCH AUDIT NO LATER THAN TWO YEARS AFTER THE ELECTION
   52  IN QUESTION.  EVERY CANDIDATE WHO RECEIVES PUBLIC FUNDS UNDER THIS TITLE
   53  SHALL BE AUDITED BY THE BOARD. THE COST OF COMPLYING WITH  A  POST-ELEC-
   54  TION  AUDIT SHALL BE BORNE BY THE CANDIDATE'S AUTHORIZED COMMITTEE USING
   55  PUBLIC FUNDS, PRIVATE FUNDS OR ANY COMBINATION OF SUCH  FUNDS.    CANDI-
   56  DATES  WHO  RUN  IN  BOTH A PRIMARY AND GENERAL ELECTION MUST MAINTAIN A
       S. 6355                            51                            A. 8555
    1  RESERVE OF THREE PERCENT OF THE PUBLIC FUNDS RECEIVED TO COMPLY WITH THE
    2  POST-ELECTION AUDIT.  THE BOARD SHALL ISSUE TO EACH CAMPAIGN  AUDITED  A
    3  FINAL AUDIT REPORT THAT DETAILS ITS FINDINGS.
    4    2.  REPAYMENTS.  (A)  IF  THE BOARD DETERMINES THAT ANY PORTION OF THE
    5  PAYMENT MADE TO A CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS  IN
    6  EXCESS  OF  THE  AGGREGATE  AMOUNT  OF  PAYMENTS THAT SUCH CANDIDATE WAS
    7  ELIGIBLE TO RECEIVE PURSUANT TO THIS TITLE, IT SHALL NOTIFY SUCH COMMIT-
    8  TEE AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN  AMOUNT  EQUAL  TO  THE
    9  AMOUNT  OF  EXCESS  PAYMENTS.  PROVIDED,  HOWEVER, THAT IF THE ERRONEOUS
   10  PAYMENT WAS THE RESULT OF AN ERROR BY  THE  BOARD,  THEN  THE  ERRONEOUS
   11  PAYMENT  WILL  BE  DEDUCTED  FROM  ANY FUTURE PAYMENT, IF ANY, AND IF NO
   12  PAYMENT IS TO BE MADE THEN NEITHER THE CANDIDATE NOR THE COMMITTEE SHALL
   13  BE LIABLE TO REPAY THE EXCESS AMOUNT TO THE BOARD.  THE  CANDIDATE,  THE
   14  TREASURER  AND  THE  CANDIDATE'S  AUTHORIZED  COMMITTEE  ARE JOINTLY AND
   15  SEVERABLY LIABLE FOR ANY REPAYMENTS TO THE BOARD.
   16    (B) IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO  A
   17  CANDIDATE'S  AUTHORIZED  COMMITTEE  FROM  THE FUND WAS USED FOR PURPOSES
   18  OTHER THAN QUALIFIED CAMPAIGN EXPENDITURES AND  SUCH  EXPENDITURES  WERE
   19  NOT  APPROVED BY THE BOARD, IT SHALL NOTIFY SUCH COMMITTEE OF THE AMOUNT
   20  SO DISQUALIFIED AND SUCH COMMITTEE SHALL PAY  TO  THE  BOARD  AN  AMOUNT
   21  EQUAL  TO SUCH DISQUALIFIED AMOUNT. THE CANDIDATE, THE TREASURER AND THE
   22  CANDIDATE'S AUTHORIZED COMMITTEE ARE JOINTLY AND  SEVERABLY  LIABLE  FOR
   23  ANY REPAYMENTS TO THE BOARD.
   24    (C) IF THE TOTAL OF PAYMENTS FROM THE FUND RECEIVED BY A PARTICIPATING
   25  CANDIDATE  AND HIS OR HER AUTHORIZED COMMITTEE EXCEED THE TOTAL CAMPAIGN
   26  EXPENDITURES OF SUCH CANDIDATE AND AUTHORIZED COMMITTEE FOR ALL  COVERED
   27  ELECTIONS  HELD  IN  THE SAME CALENDAR YEAR OR FOR A SPECIAL ELECTION TO
   28  FILL A VACANCY, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS FUNDS
   29  TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH AUTHORIZED COMMITTEE
   30  FROM THE FUND DURING SUCH CALENDAR YEAR OR FOR  SUCH  SPECIAL  ELECTION.
   31  PARTICIPATING  CANDIDATES SHALL PAY TO THE BOARD UNSPENT PUBLIC CAMPAIGN
   32  FUNDS FROM AN ELECTION  NOT  LATER  THAN  TWENTY-SEVEN  DAYS  AFTER  ALL
   33  LIABILITIES  FOR THE ELECTION HAVE BEEN PAID AND IN ANY EVENT, NOT LATER
   34  THAN THE DAY ON WHICH THE BOARD ISSUES ITS FINAL AUDIT  REPORT  FOR  THE
   35  PARTICIPATING  CANDIDATE'S AUTHORIZED COMMITTEE; PROVIDED, HOWEVER, THAT
   36  ALL UNSPENT PUBLIC CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE SHALL BE
   37  IMMEDIATELY DUE AND PAYABLE TO THE BOARD UPON  A  DETERMINATION  BY  THE
   38  BOARD  THAT  THE  PARTICIPANT  HAS  DELAYED  THE  POST-ELECTION AUDIT. A
   39  PARTICIPATING CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES WITH  PUBLIC
   40  FUNDS ONLY FOR ROUTINE ACTIVITIES INVOLVING NOMINAL COST ASSOCIATED WITH
   41  WINDING  UP A CAMPAIGN AND RESPONDING TO THE POST-ELECTION AUDIT.  NOTH-
   42  ING IN THIS TITLE SHALL BE CONSTRUED TO PREVENT A CANDIDATE  OR  HIS  OR
   43  HER AUTHORIZED COMMITTEE FROM USING CAMPAIGN CONTRIBUTIONS RECEIVED FROM
   44  PRIVATE CONTRIBUTORS FOR OTHERWISE LAWFUL EXPENDITURES.
   45    3. THE BOARD SHALL PROMULGATE REGULATIONS FOR THE CERTIFICATION OF THE
   46  AMOUNT  OF  FUNDS  PAYABLE BY THE COMPTROLLER, FROM THE FUND ESTABLISHED
   47  PURSUANT TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW, TO A  PARTIC-
   48  IPATING  CANDIDATE  THAT  HAS  QUALIFIED  TO RECEIVE SUCH PAYMENT. THESE
   49  REGULATIONS SHALL INCLUDE THE PROMULGATION AND DISTRIBUTION OF FORMS  ON
   50  WHICH  CONTRIBUTIONS  AND  EXPENDITURES  ARE TO BE REPORTED, THE PERIODS
   51  DURING WHICH SUCH REPORTS MUST BE FILED AND THE  VERIFICATION  REQUIRED.
   52  THE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL MAKE POSSIBLE PAYMENT BY
   53  THE  FUND  WITHIN FOUR BUSINESS DAYS AFTER RECEIPT OF THE REQUIRED FORMS
   54  AND VERIFICATIONS.
   55    S  14-210.  ENFORCEMENT  AND  PENALTIES  FOR  VIOLATIONS   AND   OTHER
   56  PROCEEDINGS.    1.  CIVIL PENALTIES. VIOLATIONS OF ANY PROVISION OF THIS
       S. 6355                            52                            A. 8555
    1  TITLE OR RULE PROMULGATED PURSUANT TO THIS TITLE SHALL BE SUBJECT  TO  A
    2  CIVIL PENALTY IN AN AMOUNT NOT IN EXCESS OF FIFTEEN THOUSAND DOLLARS.
    3    2. NOTICE OF VIOLATION AND OPPORTUNITY TO CONTEST. THE BOARD SHALL:
    4    (A)  DETERMINE  WHETHER  A VIOLATION OF ANY PROVISION OF THIS TITLE OR
    5  RULE PROMULGATED HEREUNDER HAS BEEN COMMITTED;
    6    (B) GIVE WRITTEN NOTICE AND THE OPPORTUNITY TO CONTEST BEFORE AN INDE-
    7  PENDENT HEARING OFFICER TO EACH  PERSON  OR  ENTITY  IT  HAS  REASON  TO
    8  BELIEVE HAS COMMITTED A VIOLATION; AND
    9    (C)  IF  APPROPRIATE,  ASSESS PENALTIES FOR VIOLATIONS, FOLLOWING SUCH
   10  NOTICE AND OPPORTUNITY TO CONTEST.
   11    3. CRIMINAL CONDUCT. ANY PERSON WHO KNOWINGLY AND WILLFULLY  FURNISHES
   12  OR  SUBMITS  FALSE  STATEMENTS OR INFORMATION TO THE BOARD IN CONNECTION
   13  WITH ITS ADMINISTRATION OF THIS TITLE, SHALL BE GUILTY OF A  MISDEMEANOR
   14  IN ADDITION TO ANY OTHER PENALTY AS MAY BE IMPOSED UNDER THIS CHAPTER OR
   15  PURSUANT  TO  ANY  OTHER LAW. THE BOARD SHALL SEEK TO RECOVER ANY PUBLIC
   16  MATCHING FUNDS OBTAINED AS A RESULT OF SUCH CRIMINAL CONDUCT.
   17    4. PROCEEDINGS AS TO PUBLIC FINANCING. (A) THE DETERMINATION OF ELIGI-
   18  BILITY PURSUANT TO THIS TITLE AND ANY  QUESTION  OR  ISSUE  RELATING  TO
   19  PAYMENTS  FOR  CAMPAIGN  EXPENDITURES  PURSUANT  TO  THIS  TITLE  MAY BE
   20  CONTESTED IN A PROCEEDING INSTITUTED IN THE SUPREME COURT, ALBANY  COUN-
   21  TY, BY ANY AGGRIEVED CANDIDATE.
   22    (B)  A  PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY
   23  OR PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO THIS  CHAPTER
   24  SHALL  BE  INSTITUTED  WITHIN FOURTEEN DAYS AFTER SUCH DETERMINATION WAS
   25  MADE. THE BOARD SHALL BE MADE A PARTY TO ANY SUCH PROCEEDING.
   26    (C) UPON THE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE FROM A  PARTIC-
   27  IPATING  CANDIDATE  OR  SUCH  CANDIDATE'S AUTHORIZED COMMITTEE AFTER THE
   28  ISSUANCE OF WRITTEN NOTICE OF SUCH  AMOUNT  DUE,  AS  REQUIRED  BY  THIS
   29  TITLE,  THE  BOARD  IS  AUTHORIZED  TO INSTITUTE A SPECIAL PROCEEDING OR
   30  CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A  JUDGMENT  FOR
   31  ANY  AMOUNTS  DETERMINED  TO  BE  PAYABLE TO THE BOARD AS A RESULT OF AN
   32  EXAMINATION AND AUDIT MADE PURSUANT TO THIS  TITLE  OR  TO  OBTAIN  SUCH
   33  AMOUNTS  DIRECTLY  FROM  THE  CANDIDATE  OR AUTHORIZED COMMITTEE AFTER A
   34  HEARING AT THE STATE BOARD OF ELECTIONS.
   35    (D) THE BOARD IS AUTHORIZED TO INSTITUTE A SPECIAL PROCEEDING OR CIVIL
   36  ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A JUDGMENT  FOR  CIVIL
   37  PENALTIES  DETERMINED  TO BE PAYABLE TO THE BOARD PURSUANT TO THIS TITLE
   38  OR TO IMPOSE SUCH PENALTY DIRECTLY AFTER A HEARING AT THE STATE BOARD OF
   39  ELECTIONS.
   40    S 14-211. REPORTS. THE BOARD SHALL REVIEW AND EVALUATE THE  EFFECT  OF
   41  THIS  TITLE  UPON  THE  CONDUCT OF ELECTION CAMPAIGNS AND SHALL SUBMIT A
   42  REPORT TO THE LEGISLATURE ON OR BEFORE JANUARY FIRST, TWO THOUSAND NINE-
   43  TEEN, AND EVERY THIRD YEAR THEREAFTER, AND AT ANY OTHER  TIME  UPON  THE
   44  REQUEST  OF  THE  GOVERNOR  AND  AT  SUCH OTHER TIMES AS THE BOARD DEEMS
   45  APPROPRIATE. THESE REPORTS SHALL INCLUDE:
   46    1. A LIST OF THE  PARTICIPATING  AND  NONPARTICIPATING  CANDIDATES  IN
   47  COVERED  ELECTIONS  AND  THE  VOTES  RECEIVED BY EACH CANDIDATE IN THOSE
   48  ELECTIONS;
   49    2. THE AMOUNT OF CONTRIBUTIONS AND LOANS  RECEIVED,  AND  EXPENDITURES
   50  MADE, ON BEHALF OF THESE CANDIDATES;
   51    3.  THE  AMOUNT  OF PUBLIC MATCHING FUNDS EACH PARTICIPATING CANDIDATE
   52  RECEIVED, SPENT, AND REPAID PURSUANT TO THIS TITLE;
   53    4. ANALYSIS OF THE  EFFECT  OF  THIS  TITLE  ON  POLITICAL  CAMPAIGNS,
   54  INCLUDING  ITS  EFFECT  ON THE SOURCES AND AMOUNTS OF PRIVATE FINANCING,
   55  THE LEVEL OF CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE  NUMBER  OF
   56  CANDIDATES,  THE  CANDIDATES' ABILITY TO CAMPAIGN EFFECTIVELY FOR PUBLIC
       S. 6355                            53                            A. 8555
    1  OFFICE, AND THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED  TO  OFFICE;
    2  AND
    3    5.  RECOMMENDATIONS FOR AMENDMENTS TO THIS TITLE, INCLUDING CHANGES IN
    4  CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY, AND ANY OTHER  FEATURES
    5  OF THE SYSTEM.
    6    S  14-212.  DEBATES  FOR  CANDIDATES FOR STATEWIDE OFFICE.   THE BOARD
    7  SHALL PROMULGATE REGULATIONS TO FACILITATE DEBATES  AMONG  PARTICIPATING
    8  CANDIDATES  WHO SEEK ELECTION TO STATEWIDE OFFICE.  PARTICIPATING CANDI-
    9  DATES ARE REQUIRED TO PARTICIPATE IN ONE DEBATE BEFORE EACH ELECTION FOR
   10  WHICH THE CANDIDATE RECEIVES  PUBLIC  FUNDS,  UNLESS  THE  PARTICIPATING
   11  CANDIDATE  IS RUNNING UNOPPOSED. NONPARTICIPATING CANDIDATES MAY PARTIC-
   12  IPATE IN SUCH DEBATES.
   13    S 14-213. SEVERABILITY.  IF ANY CLAUSE, SENTENCE,  SUBDIVISION,  PARA-
   14  GRAPH,  SECTION OR PART OF THIS TITLE BE ADJUDGED BY ANY COURT OF COMPE-
   15  TENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT,  IMPAIR
   16  OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
   17  TION  TO  THE  CLAUSE, SENTENCE, SUBDIVISION, PARAGRAPH, SECTION OR PART
   18  THEREOF DIRECTLY INVOLVED IN THE  CONTROVERSY  IN  WHICH  SUCH  JUDGMENT
   19  SHALL HAVE BEEN RENDERED.
   20    S  8. The state finance law is amended by adding a new section 92-t to
   21  read as follows:
   22    S 92-T. NEW YORK STATE CAMPAIGN  FINANCE  FUND.  1.  THERE  IS  HEREBY
   23  ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
   24  COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW  YORK
   25  STATE CAMPAIGN FINANCE FUND.
   26    2.  SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE NEW YORK
   27  STATE CAMPAIGN FINANCE FUND CHECK-OFF  PURSUANT  TO  SUBSECTION  (F)  OF
   28  SECTION SIX HUNDRED FIFTY-EIGHT OF THE TAX LAW, FROM THE ABANDONED PROP-
   29  ERTY  FUND  PURSUANT  TO  SECTION  NINETY-FIVE OF THIS ARTICLE, FROM THE
   30  GENERAL FUND, AND FROM ALL OTHER MONEYS CREDITED OR TRANSFERRED  THERETO
   31  FROM  ANY  OTHER  FUND  OR SOURCE PURSUANT TO LAW.  SUCH FUND SHALL ALSO
   32  RECEIVE CONTRIBUTIONS FROM PRIVATE INDIVIDUALS, ORGANIZATIONS, OR  OTHER
   33  PERSONS TO FULFILL THE PURPOSES OF THE PUBLIC FINANCING SYSTEM.
   34    3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
   35  BE  EXPENDED  FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT
   36  TO TITLE II OF ARTICLE FOURTEEN OF THE ELECTION LAW AND FOR  ADMINISTRA-
   37  TIVE  EXPENSES  RELATED TO THE IMPLEMENTATION OF ARTICLE FOURTEEN OF THE
   38  ELECTION LAW. MONEYS SHALL BE PAID OUT OF THE FUND BY  THE  STATE  COMP-
   39  TROLLER  ON  VOUCHERS  CERTIFIED  OR  APPROVED  BY  THE  STATE  BOARD OF
   40  ELECTIONS,  OR  ITS  DULY  DESIGNATED  REPRESENTATIVE,  IN  THE   MANNER
   41  PRESCRIBED BY LAW, NOT MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS
   42  RECEIVED BY THE STATE COMPTROLLER.
   43    4.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, IF, IN ANY
   44  STATE FISCAL YEAR, THE STATE CAMPAIGN FINANCE FUND LACKS THE  AMOUNT  OF
   45  MONEY  TO  PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES AND CERTIFIED
   46  OR APPROVED BY THE STATE BOARD OF ELECTIONS, ANY SUCH  DEFICIENCY  SHALL
   47  BE  PAID  BY  THE STATE COMPTROLLER, FROM FUNDS DEPOSITED IN THE GENERAL
   48  FUND OF THE STATE NOT MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER  IS
   49  RECEIVED BY THE STATE COMPTROLLER.
   50    5.  COMMENCING  IN TWO THOUSAND SIXTEEN, IF THE SURPLUS IN THE FUND ON
   51  APRIL FIRST OF THE YEAR AFTER A YEAR IN  WHICH  A  GOVERNOR  IS  ELECTED
   52  EXCEEDS  TWENTY-FIVE PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER THE
   53  PREVIOUS FOUR YEARS, THE EXCESS SHALL REVERT TO THE GENERAL FUND OF  THE
   54  STATE.
   55    6.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
   56  PRIMARY  ELECTION  ANY  EARLIER  THAN  THIRTY  DAYS  AFTER   DESIGNATING
       S. 6355                            54                            A. 8555
    1  PETITIONS,  INDEPENDENT  NOMINATING  PETITIONS, OR CERTIFICATES OF NOMI-
    2  NATION HAVE BEEN FILED AND NOT LESS THAN  FORTY-FIVE  DAYS  BEFORE  SUCH
    3  ELECTION.
    4    7.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
    5  GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF  THE  PRIMARY
    6  ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
    7    8.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
    8  SPECIAL ELECTION ANY EARLIER THAN THE DAY AFTER THE  LAST  DAY  TO  FILE
    9  CERTIFICATES OF PARTY NOMINATION FOR SUCH SPECIAL ELECTION.
   10    9.  NO  PUBLIC  FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
   11  HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN  DECLARED
   12  INVALID  BY  THE  APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
   13  JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER COURT
   14  IN A FINAL JUDGMENT.  NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH
   15  A CANDIDATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON THE  DATE  OF
   16  SUCH DISQUALIFICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY
   17  PURPOSE  EXCEPT  THE  PAYMENT  OF LIABILITIES INCURRED BEFORE SUCH DATE.
   18  ALL SUCH MONEYS SHALL BE REPAID TO THE FUND.
   19    S 9. Section 95 of the state finance law is amended by  adding  a  new
   20  subdivision 5 to read as follows:
   21    5.  NOTWITHSTANDING  ANY  PROVISION  OF  THIS  SECTION AUTHORIZING THE
   22  TRANSFER OF ANY MONEYS IN THE ABANDONED PROPERTY  FUND  TO  THE  GENERAL
   23  FUND, IN JANUARY OF EACH YEAR IN WHICH A STATE GENERAL ELECTION IS TO BE
   24  HELD  PURSUANT  TO LAW, OR AT LEAST SIX WEEKS PRIOR TO ANY STATE SPECIAL
   25  ELECTION, THE COMPTROLLER, UPON WARRANT OR VOUCHER BY  THE  CHAIRMAN  OF
   26  THE  CAMPAIGN FINANCE BOARD OR HIS OR HER DULY APPOINTED REPRESENTATIVE,
   27  SHALL TRANSFER MONEYS OF THE ABANDONED PROPERTY FUND INTO  THE  CAMPAIGN
   28  FINANCE FUND PURSUANT TO SECTION NINETY-NINE-V OF THIS ARTICLE. ON MARCH
   29  THIRTY-FIRST  OF  THE  YEAR  FOLLOWING  SUCH GENERAL ELECTION YEAR, SUCH
   30  CHAIRMAN SHALL TRANSFER TO THE GENERAL FUND ANY SURPLUS  MONEYS  OF  THE
   31  CAMPAIGN FINANCE FUND AS OF SUCH DATE.
   32    S 10. Section 658 of the tax law is amended by adding a new subsection
   33  (f) to read as follows:
   34    (F) NEW YORK STATE CAMPAIGN FINANCE FUND CHECK-OFF. (1) FOR EACH TAXA-
   35  BLE  YEAR  BEGINNING  ON AND AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN,
   36  EVERY RESIDENT TAXPAYER WHOSE NEW YORK STATE INCOME  TAX  LIABILITY  FOR
   37  THE  TAXABLE YEAR FOR WHICH THE RETURN IS FILED IS FORTY DOLLARS OR MORE
   38  MAY DESIGNATE ON SUCH RETURN THAT FORTY DOLLARS BE  PAID  INTO  THE  NEW
   39  YORK  STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T OF
   40  THE STATE FINANCE LAW. WHERE A HUSBAND AND WIFE FILE A JOINT RETURN  AND
   41  HAVE  A  NEW  YORK  STATE  INCOME TAX LIABILITY FOR THE TAXABLE YEAR FOR
   42  WHICH THE RETURN IS FILED IS EIGHTY DOLLARS OR MORE,  OR  FILE  SEPARATE
   43  RETURNS  ON  A  SINGLE FORM, EACH SUCH TAXPAYER MAY MAKE SEPARATE DESIG-
   44  NATIONS ON SUCH RETURN OF FORTY DOLLARS TO BE PAID  INTO  THE  NEW  YORK
   45  STATE CAMPAIGN FINANCE FUND.
   46    (2)  THE  COMMISSIONER  SHALL  TRANSFER TO THE NEW YORK STATE CAMPAIGN
   47  FINANCE FUND, ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE  STATE
   48  FINANCE  LAW,  AN AMOUNT EQUAL TO FORTY DOLLARS MULTIPLIED BY THE NUMBER
   49  OF DESIGNATIONS.
   50    (3) FOR PURPOSES OF THIS SUBSECTION, THE INCOME TAX  LIABILITY  OF  AN
   51  INDIVIDUAL  FOR ANY TAXABLE YEAR IS THE AMOUNT OF TAX IMPOSED UNDER THIS
   52  ARTICLE REDUCED BY THE SUM OF THE  CREDITS  (AS  SHOWN  IN  HIS  OR  HER
   53  RETURN) ALLOWABLE UNDER THIS ARTICLE.
   54    (4)  THE DEPARTMENT SHALL INCLUDE A PLACE ON EVERY PERSONAL INCOME TAX
   55  RETURN FORM TO BE FILED BY AN INDIVIDUAL FOR A TAX YEAR BEGINNING ON  OR
   56  AFTER  JANUARY  FIRST,  TWO THOUSAND FOURTEEN, FOR SUCH TAXPAYER TO MAKE
       S. 6355                            55                            A. 8555
    1  THE DESIGNATIONS DESCRIBED IN PARAGRAPH ONE  OF  THIS  SUBSECTION.  SUCH
    2  RETURN  FORM  SHALL CONTAIN A CONCISE EXPLANATION OF THE PURPOSE OF SUCH
    3  OPTIONAL DESIGNATIONS.
    4    S  11.  Severability. If any clause, sentence, subdivision, paragraph,
    5  section or part of title II of article 14 of the election law, as  added
    6  by  section  seven  of  this  act  be adjudged by any court of competent
    7  jurisdiction to be invalid, such judgment shall not  affect,  impair  or
    8  invalidate the remainder thereof, but shall be confined in its operation
    9  to the clause, sentence, subdivision, paragraph, section or part thereof
   10  directly  involved  in the controversy in which such judgment shall have
   11  been rendered.
   12    S 12.  This act shall take effect immediately; provided, however,  all
   13  state  legislative  candidates will be eligible to participate in volun-
   14  tary public financing beginning with the 2016 primary election  and  all
   15  other   state  candidates,  including  those  in  irregularly  scheduled
   16  elections, will be eligible to particulate in voluntary public financing
   17  beginning with the 2018 primary election.
   18    S 2. Severability. If any clause,  sentence,  subdivision,  paragraph,
   19  section,  subpart or part of this act be adjudged by any court of compe-
   20  tent jurisdiction to be invalid, such judgment shall not affect,  impair
   21  or invalidate the remainder thereof, but shall be confined in its opera-
   22  tion  to  the clause, sentence, subdivision, paragraph, section, subpart
   23  or part thereof directly involved in the controversy in which such judg-
   24  ment shall have been rendered. It is hereby declared to be the intent of
   25  the legislature that this act would  have  been  enacted  even  if  such
   26  invalid provisions had not been included herein.
   27    S  3.  This act shall take effect immediately, provided, however, that
   28  the applicable effective dates of Subparts A through D of this act shall
   29  be as specifically set forth in the last section of such Subparts.
   30                                   PART I
   31    Section 1. The state comptroller is hereby authorized and directed  to
   32  loan  money in accordance with the provisions set forth in subdivision 5
   33  of section 4 of the state finance law  to  the  following  funds  and/or
   34  accounts:
   35    1. Tuition reimbursement account (20451).
   36    2. Proprietary vocational school supervision account (20452).
   37    3. Local government records management account (20501).
   38    4. Child health plus program account (20810).
   39    5. Hospital based grants program account (20812).
   40    6. EPIC premium account (20818).
   41    7. Education - New (20901).
   42    8. VLT - Sound basic education fund (20904).
   43    9.   Sewage  treatment  program  management  and  administration  fund
   44  (21000).
   45    10. Hazardous bulk storage account (21061).
   46    11. Federal grants indirect cost recovery account (21065).
   47    12. Low level radioactive waste account (21066).
   48    13. Recreation account (21067).
   49    14. Public safety recovery account (21077).
   50    15. Conservationist magazine account (21080).
   51    16. Environmental regulatory account (21081).
   52    17. Natural resource account (21082).
   53    18. Mined land reclamation program account (21084).
   54    19. Great lakes restoration initiative account (21087).
       S. 6355                            56                            A. 8555
    1    20. Environmental protection and oil spill compensation fund (21200).
    2    21. Public transportation systems account (21401).
    3    22. Metropolitan mass transportation (21402).
    4    23. Operating permit program account (21451).
    5    24. Mobile source account (21452).
    6    25.   Statewide  planning  and  research  cooperative  system  account
    7  (21902).
    8    26. OPWDD provider of service account (21903).
    9    27. Mental hygiene program fund account (21907).
   10    28. Mental hygiene patient income account (21909).
   11    29. Financial control board account (21911).
   12    30. Regulation of racing account (21912).
   13    31. New York Metropolitan Transportation Council account (21913).
   14    32. Cyber upgrade account (21919).
   15    33. State university dormitory income reimbursable account (21937).
   16    34. Energy research account (21943).
   17    35. Criminal justice improvement account (21945).
   18    36. Fingerprint identification and technology account (21950).
   19    37. Environmental laboratory reference fee account (21959).
   20    38. Clinical laboratory reference system assessment account (21962).
   21    39. Public employment relations board account (21964).
   22    40. Indirect cost recovery account (21978).
   23    41. High school equivalency program account (21979).
   24    42. Multi-agency training account (21989).
   25    43. Bell jar collection account (22003).
   26    44. Industry and utility service account (22004).
   27    45. Real property disposition account (22006).
   28    46. Parking account (22007).
   29    47. Asbestos safety training program account (22009).
   30    48. Batavia school for the blind account (22032).
   31    49. Investment services account (22034).
   32    50. Surplus property account (22036).
   33    51. Financial oversight account (22039).
   34    52. Regulation of indian gaming account (22046).
   35    53. Rome school for the deaf account (22053).
   36    54. Seized assets account (22054).
   37    55. Administrative adjudication account (22055).
   38    56. Federal salary sharing account (22056).
   39    57. New York City assessment account (22062).
   40    58. Cultural education account (22063).
   41    59. Local services account (22078).
   42    60. DHCR mortgage servicing account (22085).
   43    61. Department of motor vehicles compulsory insurance account (22087).
   44    62. Housing indirect cost recovery account (22090).
   45    63. Accident prevention course program account (22094).
   46    64. DHCR-HCA application fee account (22100).
   47    65. Low income housing monitoring account (22130).
   48    66. Corporation administration account (22135).
   49    67. Montrose veteran's home account (22144).
   50    68. Deferred compensation administration account (22151).
   51    69. Rent revenue other New York City account (22156).
   52    70. Rent revenue account (22158).
   53    71. Tax revenue arrearage account (22168).
   54    72. State university general income offset account (22654).
   55    73. State police motor vehicle law enforcement account (22802).
   56    74. Highway safety program account (23001).
       S. 6355                            57                            A. 8555
    1    75. EFC drinking water program account (23101).
    2    76. DOH drinking water program account (23102).
    3    77. NYCCC operating offset account (23151).
    4    78. Commercial gaming revenue account (23701).
    5    79. Commercial gaming regulation account (23702).
    6    80. Highway and bridge capital account (30051).
    7    81. State university residence hall rehabilitation fund (30100).
    8    82. State parks infrastructure account (30351).
    9    83. Clean water/clean air implementation fund (30500).
   10    84. Hazardous waste remedial cleanup account (31506).
   11    85. Youth facilities improvement account (31701).
   12    86. Housing assistance fund (31800).
   13    87. Housing program fund (31850).
   14    88. Highway facility purpose account (31951).
   15    89.  Miscellaneous capital projects fund, information technology capi-
   16  tal financing account.
   17    90. New York racing account (32213).
   18    91. Mental hygiene facilities capital improvement fund (32300).
   19    92. Correctional facilities capital improvement fund (32350).
   20    93. New York State Storm Recovery Capital Fund (33000).
   21    94. OGS convention center account (50318).
   22    95. Centralized services fund (55000).
   23    96. Archives records management account (55052).
   24    97. Federal single audit account (55053).
   25    98. Civil service law section II administrative account (55055).
   26    99. Civil service EHS occupational health program account (55056).
   27    100. Banking services account (55057).
   28    101. Cultural resources survey account (55058).
   29    102. Neighborhood work project (55059).
   30    103. Automation & printing chargeback account (55060).
   31    104. OFT NYT account (55061).
   32    105. Data center account (55062).
   33    106. Human service telecom account (55063).
   34    107. Intrusion detection account (55066).
   35    108. Domestic violence grant account (55067).
   36    109. Centralized technology services account (55069).
   37    110. Labor contact center account (55071).
   38    111. Human services contact center account (55072).
   39    112. Tax contact center account (55073).
   40    113. Joint labor/management administration fund (55201).
   41    114. Executive direction internal audit account (55251).
   42    115. CIO Information technology centralized services account (55252).
   43    116. Health insurance internal service account (55300).
   44    117. Civil service employee benefits division  administrative  account
   45  (55301).
   46    118. Correctional industries revolving fund (55350).
   47    119. Employees health insurance account (60201).
   48    120. Medicaid management information system escrow fund (60900).
   49    S 1-a. The state comptroller is hereby authorized and directed to loan
   50  money  in  accordance  with the provisions set forth in subdivision 5 of
   51  section 4 of the state finance law to any account within  the  following
   52  federal  funds,  provided  the comptroller has made a determination that
   53  sufficient federal grant award authority is available to reimburse  such
   54  loans:
   55    1. Federal USDA-food and nutrition services fund. (25000).
   56    2. Federal health and human services fund (25100).
       S. 6355                            58                            A. 8555
    1    3. Federal education fund (25200).
    2    4. Federal block grant fund (25250).
    3    5. Federal miscellaneous operating grants fund. (25300)
    4    6. Federal unemployment insurance administration fund (25900).
    5    7. Federal unemployment insurance occupational training fund (25950).
    6    8. Federal emergency employment act fund (26000).
    7    9. Federal capital projects fund (31350).
    8    S  2.  Notwithstanding any law to the contrary, and in accordance with
    9  section 4 of the state finance law, the comptroller is hereby authorized
   10  and directed to transfer, upon request of the director of the budget, on
   11  or before March 31, 2015, up to the unencumbered balance or the  follow-
   12  ing amounts:
   13    Economic Development and Public Authorities:
   14    1.  $175,000  from the miscellaneous special revenue fund, underground
   15  facilities safety training account (22172), to the general fund.
   16    2. An amount up to the unencumbered  balance  from  the  miscellaneous
   17  special  revenue  fund, business and licensing services account (21977),
   18  to the general fund.
   19    3. $14,810,000 from  the  miscellaneous  special  revenue  fund,  code
   20  enforcement account (21904), to the general fund.
   21    4.  $3,000,000  from  the  general  fund  to the miscellaneous special
   22  revenue fund, tax revenue arrearage account (22168).
   23    5. $350,000  from  the  state  exposition  special  fund,  state  fair
   24  receipts account (50051), to the general fund.
   25    Education:
   26    1.  $2,265,000,000  from  the  general fund to the state lottery fund,
   27  education account (20901), as reimbursement for disbursements made  from
   28  such  fund for supplemental aid to education pursuant to section 92-c of
   29  the state finance law that are in excess of  the  amounts  deposited  in
   30  such fund for such purposes pursuant to section 1612 of the tax law.
   31    2.  $950,604,000  from the general fund to the state lottery fund, VLT
   32  education account (20904), 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    3.  Moneys  from  the  state lottery fund up to an amount deposited in
   37  such fund pursuant to section 1612 of the  tax  law  in  excess  of  the
   38  current year appropriation for supplemental aid to education pursuant to
   39  section 92-c of the state finance law.
   40    4.  $300,000  from the local government records management improvement
   41  fund (20500) to the archives partnership trust fund (20350).
   42    5. $900,000 from the general fund to the miscellaneous special revenue
   43  fund, Batavia school for the blind account (22032).
   44    6. $900,000 from the general fund to the miscellaneous special revenue
   45  fund, Rome school for the deaf account (22053).
   46    7. $343,400,000  from  the  state  university  dormitory  income  fund
   47  (40350)  to  the  miscellaneous  special  revenue fund, state university
   48  dormitory income reimbursable account (21937).
   49    8. $24,000,000 from any of  the  state  education  department  special
   50  revenue  and internal service funds to the miscellaneous special revenue
   51  fund, indirect cost recovery account (21978).
   52    9. $8,318,000 from the general fund to  the  state  university  income
   53  fund,  state  university  income offset account (22654), for the state's
   54  share of repayment of the STIP loan.
   55    10. $64,000,000 from the state university income fund, state universi-
   56  ty hospitals income reimbursable account (22656) to the general fund for
       S. 6355                            59                            A. 8555
    1  hospital debt service for the period April 1,  2014  through  March  31,
    2  2015.
    3    Environmental Affairs:
    4    1.  $16,000,000  from any of the department of environmental conserva-
    5  tion's special revenue federal funds to the  environmental  conservation
    6  special revenue fund, federal indirect recovery account (21065).
    7    2.  $2,000,000  from  any of the department of environmental conserva-
    8  tion's special revenue federal funds to the conservation fund as  neces-
    9  sary to avoid diversion of conservation funds.
   10    3. $3,000,000 from any of the office of parks, recreation and historic
   11  preservation  capital projects federal funds and special revenue federal
   12  funds to the miscellaneous special revenue fund, federal grant  indirect
   13  cost recovery account (22188).
   14    4. $1,000,000 from any of the office of parks, recreation and historic
   15  preservation  special revenue federal funds to the miscellaneous special
   16  revenue fund, I love NY water account (21930).
   17    Family Assistance:
   18    1. $10,000,000 from any of the office of children and family services,
   19  office of temporary and disability assistance, or department  of  health
   20  special  revenue  federal funds and the general fund, in accordance with
   21  agreements with social services districts, to the miscellaneous  special
   22  revenue  fund, office of human resources development state match account
   23  (21967).
   24    2. $3,000,000 from any of the office of children and  family  services
   25  or office of temporary and disability assistance special revenue federal
   26  funds to the miscellaneous special revenue fund, family preservation and
   27  support services and family violence services account (22082).
   28    3. $18,670,000 from any of the office of children and family services,
   29  office  of  temporary and disability assistance, or department of health
   30  special revenue federal  funds  and  any  other  miscellaneous  revenues
   31  generated  from  the operation of office of children and family services
   32  programs to the general fund.
   33    4. $140,000,000 from any of the office  of  temporary  and  disability
   34  assistance  or department of health special revenue funds to the general
   35  fund.
   36    5. $2,500,000 from any of  the  office  of  temporary  and  disability
   37  assistance  or  office  of  children and family services special revenue
   38  federal funds to the  miscellaneous  special  revenue  fund,  office  of
   39  temporary and disability assistance program account (21980).
   40    6. $35,000,000 from any of the office of children and family services,
   41  office  of temporary and disability assistance, department of labor, and
   42  department of health special revenue federal  funds  to  the  office  of
   43  children  and family services miscellaneous special revenue fund, multi-
   44  agency training contract account (21989).
   45    7. $122,000,000 from the miscellaneous  special  revenue  fund,  youth
   46  facility per Diem account (22186), to the general fund.
   47    8.  $621,850  from the general fund to the combined gifts, grants, and
   48  bequests fund, WB Hoyt Memorial account (20128).
   49    9. $2,500,000 from  the  miscellaneous  special  revenue  fund,  state
   50  central registry (22028) to the general fund.
   51    General Government:
   52    1. $1,566,000 from the miscellaneous special revenue fund, examination
   53  and miscellaneous revenue account (22065) to the general fund.
   54    2. $12,500,000 from the general fund to the health insurance revolving
   55  fund (55300).
       S. 6355                            60                            A. 8555
    1    3.  $192,400,000  from  the  health  insurance  reserve  receipts fund
    2  (60550) to the general fund.
    3    4. $150,000 from the general fund to the not-for-profit revolving loan
    4  fund (20650).
    5    5. $150,000 from the not-for-profit revolving loan fund (20650) to the
    6  general fund.
    7    6. $30,000,000 from the miscellaneous special revenue fund, real prop-
    8  erty disposition account (22006), to the general fund.
    9    7.  $3,000,000  from  the  miscellaneous special revenue fund, surplus
   10  property account (22036), to the general fund.
   11    8. $19,900,000 from the general  fund  to  the  miscellaneous  special
   12  revenue fund, alcoholic beverage control account (22033).
   13    9.  $23,000,000  from  the miscellaneous special revenue fund, revenue
   14  arrearage account (22024), to the general fund.
   15    10. $1,826,000 from the miscellaneous special  revenue  fund,  revenue
   16  arrearage  account  (22024),  to the miscellaneous special revenue fund,
   17  authority budget office account (22138).
   18    11. $1,000,000 from the miscellaneous special  revenue  fund,  parking
   19  services  account (22007), to the general fund, for the purpose of reim-
   20  bursing the costs of debt service related to state parking facilities.
   21    12. $21,800,000 from the general fund to the  internal  service  fund,
   22  COPS account (55013).
   23    13. $14,000,000 from the general fund to the agencies internal service
   24  fund,  central  technology  services account (55069), for the purpose of
   25  enterprise technology projects.
   26    Health:
   27    1. $64,600,000 from the miscellaneous special revenue fund, quality of
   28  care account (21915) to the general fund.
   29    2. $1,000,000 from the general fund to the combined gifts, grants  and
   30  bequests  fund, breast cancer research and education account (20155), an
   31  amount equal to the monies collected and deposited into that account  in
   32  the previous fiscal year.
   33    3. $1,464,000 from any of the department of health accounts within the
   34  federal  health  and  human  services  fund  to the department of health
   35  miscellaneous special revenue  fund,  statewide  planning  and  research
   36  cooperation system (SPARCS) program account (21902).
   37    4.  $250,000  from  the general fund to the combined gifts, grants and
   38  bequests  fund,  prostate  cancer  research,  detection,  and  education
   39  account  (20183),  an amount equal to the moneys collected and deposited
   40  into that account in the previous fiscal year.
   41    5. $500,000 from the general fund to the combined  gifts,  grants  and
   42  bequests  fund,  Alzheimer's  disease  research  and  assistance account
   43  (20143), an amount equal to the moneys collected and deposited into that
   44  account in the previous fiscal year.
   45    6. $26,527,000 from the HCRA resources fund (20800), to the  miscella-
   46  neous  special  revenue  fund, empire state stem cell trust fund account
   47  (22161).
   48    7. $11,373,000 from the general  fund  to  the  miscellaneous  special
   49  revenue fund, empire state stem cell trust fund (22161).
   50    8.  $64,600,000  from  any of the department of health accounts within
   51  the federal health and human services fund to the miscellaneous  special
   52  revenue fund, quality of care account (21915).
   53    9. $4,000,000 from the miscellaneous special revenue fund, certificate
   54  of  need  account  (21920),  to the miscellaneous capital projects fund,
   55  healthcare IT capital subfund.
       S. 6355                            61                            A. 8555
    1    10. $3,000,000 from the miscellaneous special revenue  fund,  adminis-
    2  tration  program  account (21982), to the miscellaneous capital projects
    3  fund, healthcare IT capital subfund.
    4    11.  $3,000,000  from  the  miscellaneous  special revenue fund, vital
    5  records account (22103), to the  miscellaneous  capital  projects  fund,
    6  healthcare IT capital subfund.
    7    12.  $65,000,000  from  the HCRA resources fund (20800) to the capital
    8  projects fund (30000), for the purpose of funding the  statewide  health
    9  information network for New York and the all payers claims database.
   10    Labor:
   11    1.  $400,000  from the miscellaneous special revenue fund, DOL fee and
   12  penalty account (21923), to the child performer's protection fund, child
   13  performer protection account (20401).
   14    2. $8,400,000 from the miscellaneous special revenue fund, DOL fee and
   15  penalty account (21923), to the general fund.
   16    3. $3,300,000 from the unemployment  insurance  interest  and  penalty
   17  fund,  unemployment  insurance  special  interest  and  penalty  account
   18  (23601), to the general fund.
   19    Mental Hygiene:
   20    1. $10,000,000 from the miscellaneous  special  revenue  fund,  mental
   21  hygiene  patient  income  account  (21909), to the miscellaneous special
   22  revenue fund, federal salary sharing account (22056).
   23    2. $100,000,000 from the miscellaneous special  revenue  fund,  mental
   24  hygiene  patient  income  account  (21909), to the miscellaneous special
   25  revenue fund, provider of service accounts (21903).
   26    3. $100,000,000 from the miscellaneous special  revenue  fund,  mental
   27  hygiene  program  fund  account  (21907),  to  the miscellaneous special
   28  revenue fund, provider of service account (21903).
   29    4. $1,250,000,000 from the general fund to the  miscellaneous  special
   30  revenue fund, mental hygiene patient income account (21909).
   31    5.  $1,600,000,000  from the general fund to the miscellaneous special
   32  revenue fund, mental hygiene program fund account (21907).
   33    6. $100,000,000 from the miscellaneous special  revenue  fund,  mental
   34  hygiene program fund account (21907), to the general fund.
   35    7.  $100,000,000  from  the miscellaneous special revenue fund, mental
   36  hygiene patient income account (21909), to the general fund.
   37    Public Protection:
   38    1. $1,350,000 from the miscellaneous special revenue  fund,  emergency
   39  management account (21944), to the general fund.
   40    2.  $3,300,000  from  the  general  fund  to the miscellaneous special
   41  revenue fund, recruitment incentive account (22171).
   42    3. $13,000,000 from the general fund to  the  correctional  industries
   43  revolving   fund,   correctional  industries  internal  service  account
   44  (55350).
   45    4. $12,000,000 from the federal miscellaneous operating  grants  fund,
   46  DMNA damage account (25324), to the general fund.
   47    5.  $14,300,000  from  the  general  fund to the miscellaneous special
   48  revenue fund, crimes against revenue program account (22015).
   49    6. $9,100,000 from the miscellaneous special  revenue  fund,  criminal
   50  justice improvement account (21945), to the general fund.
   51    7.  $50,000,000 from the miscellaneous special revenue fund, statewide
   52  public safety communications account (22123), to the general fund.
   53    8. $106,000,000 from the state police motor  vehicle  law  enforcement
   54  and  motor  vehicle  theft  and  insurance  fraud prevention fund, state
   55  police motor vehicle enforcement account (22802), to  the  general  fund
   56  for state operation expenses of the division of state police.
       S. 6355                            62                            A. 8555
    1    9.  $21,500,000  from  the general fund to the correctional facilities
    2  capital improvement fund (32350).
    3    10.  $5,000,000  from  the  general  fund to the dedicated highway and
    4  bridge trust fund (30050) for the purpose of work zone safety activities
    5  provided by the division of state police for the department of transpor-
    6  tation.
    7    11. $5,000,000 from the miscellaneous special revenue fund,  statewide
    8  public  safety  communications  account (22123), to the capital projects
    9  fund (30000).
   10    12. $2,000,000 from the  miscellaneous  special  revenue  fund,  legal
   11  services assistance account (22096), to the general fund.
   12    Transportation:
   13    1. $17,672,000 from the federal miscellaneous operating grants fund to
   14  the  miscellaneous special revenue fund, New York Metropolitan Transpor-
   15  tation Council account (21913).
   16    2. $20,147,000 from the federal capital projects fund to the miscella-
   17  neous special revenue fund, New York Metropolitan Transportation Council
   18  account (21913).
   19    3. $15,700,000 from the miscellaneous special revenue fund, compulsory
   20  insurance account (22087), to the general fund.
   21    4. $12,000,000 from the general fund to the mass transportation  oper-
   22  ating  assistance  fund, public transportation systems operating assist-
   23  ance account (21401).
   24    5. $662,483,000 from the general fund to  the  dedicated  highway  and
   25  bridge trust fund (30050).
   26    6.  $606,000  from  the  miscellaneous  special revenue fund, accident
   27  prevention course program account (22094), to the general fund.
   28    7. $6,000 from the  miscellaneous  special  revenue  fund,  motorcycle
   29  safety account (21976), to the general fund.
   30    8.  $309,250,000 from the general fund to the MTA financial assistance
   31  fund, mobility tax trust account (23651).
   32    9. $40,000,000 from the mass transportation operating assistance fund,
   33  metropolitan mass transportation operating assistance  account  (21402),
   34  to  the  general  debt  service  fund  (40150), for reimbursement of the
   35  state's expenses in connection with payments of debt service and related
   36  expenses for the metropolitan transportation authority's  state  service
   37  contract bonds.
   38    10. $2,500,000 from the miscellaneous special revenue fund, rail safe-
   39  ty  inspection account (21983) to the dedicated highway and bridge trust
   40  fund (30050).
   41    11. $5,000,000 from the miscellaneous special revenue fund,  transpor-
   42  tation  regulation  account  (22067) to the dedicated highway and bridge
   43  trust fund (30050), for disbursements made  from  such  fund  for  motor
   44  carrier  safety that are in excess of the amounts deposited in the dedi-
   45  cated highway and bridge trust fund (30050) for such purpose pursuant to
   46  section 94 of the transportation law.
   47    Miscellaneous:
   48    1. $150,000,000 from the general fund to any funds or accounts for the
   49  purpose of reimbursing certain outstanding accounts receivable balances.
   50    2. $500,000,000 from the general fund to the  debt  reduction  reserve
   51  fund (40000).
   52    3.  $450,000,000  from  the New York state storm recovery capital fund
   53  (33000) to the revenue bond tax fund (40152).
   54    4. $15,500,000 from the general fund, community  projects  account  GG
   55  (10256), to the general fund, state purposes account (10050).
       S. 6355                            63                            A. 8555
    1    S  3.  Notwithstanding any law to the contrary, and in accordance with
    2  section 4 of the state finance law, the comptroller is hereby authorized
    3  and directed to transfer, on or before March 31, 2015:
    4    1.  Upon request of the commissioner of environmental conservation, up
    5  to $11,283,800 from revenues credited to any of the department of  envi-
    6  ronmental  conservation special revenue funds, including $3,275,400 from
    7  the environmental protection and oil spill  compensation  fund  (21200),
    8  and  $1,773,600 from the conservation fund (21150), to the environmental
    9  conservation special revenue fund, indirect charges account (21060).
   10    2. Upon request of the commissioner of agriculture and markets, up  to
   11  $3,000,000  from  any special revenue fund or enterprise fund within the
   12  department of agriculture and markets to the general fund, to pay appro-
   13  priate administrative expenses.
   14    3. Upon request of the commissioner of agriculture and markets, up  to
   15  $2,000,000  from  the state exposition special fund, state fair receipts
   16  account (50051) to the miscellaneous capital projects fund,  state  fair
   17  capital improvement account (32208).
   18    4.  Upon  request  of  the commissioner of the division of housing and
   19  community renewal, up to $6,221,000 from revenues credited to any  divi-
   20  sion  of  housing and community renewal federal or miscellaneous special
   21  revenue fund to the miscellaneous special revenue fund, housing indirect
   22  cost recovery account (22090).
   23    5. Upon request of the commissioner of the  division  of  housing  and
   24  community  renewal, up to $5,500,000 may be transferred from any miscel-
   25  laneous special revenue  fund  account,  to  any  miscellaneous  special
   26  revenue fund.
   27    6.  Upon  request  of the commissioner of health up to $5,000,000 from
   28  revenues credited to any of the department of health's  special  revenue
   29  funds, to the miscellaneous special revenue fund, administration account
   30  (21982).
   31    S 3-a.  Employees of the division of military and naval affairs in the
   32  unclassified  service of the state, who are substantially engaged in the
   33  performance of duties to support business and financial services, admin-
   34  istrative services, payroll administration, time and attendance, benefit
   35  administration and other transactional human resources functions, may be
   36  transferred to the office of general services  in  accordance  with  the
   37  provisions  of  section  45 of the civil service law as if the state had
   38  taken over a private entity. No employee who is transferred pursuant  to
   39  this  act shall suffer a reduction in basic annual salary as a result of
   40  the transfer.
   41    S 4. Notwithstanding section 2815 of the  public  health  law  or  any
   42  other  contrary  provision of law, upon the direction of the director of
   43  the budget and the commissioner of health, the  dormitory  authority  of
   44  the  state  of New York is directed to transfer $7,000,000 annually from
   45  funds available and uncommitted  in  the  New  York  state  health  care
   46  restructuring pool to the health care reform act (HCRA) resources fund -
   47  HCRA resources account.
   48    S 5. On or before March 31, 2015, the comptroller is hereby authorized
   49  and  directed  to  deposit  earnings  that would otherwise accrue to the
   50  general fund that are attributable to the operation of section  98-a  of
   51  the  state  finance  law, to the agencies internal service fund, banking
   52  services account (55057), for the purpose  of  meeting  direct  payments
   53  from such account.
   54    S  6.  Notwithstanding  any law to the contrary, upon the direction of
   55  the director of the budget and upon requisition by the state  university
   56  of  New  York,  the  dormitory  authority  of  the  state of New York is
       S. 6355                            64                            A. 8555
    1  directed to transfer, up to $22,000,000 in revenues generated  from  the
    2  sale  of  notes  or  bonds,  to  the  state  university  of New York for
    3  reimbursement of bondable equipment for further transfer to the  state's
    4  general fund.
    5    S  7.  Notwithstanding any law to the contrary, and in accordance with
    6  section 4 of the state finance law, the comptroller is hereby authorized
    7  and directed to transfer, upon request of the director of the budget and
    8  upon consultation with the state university chancellor  or  his  or  her
    9  designee,  on or before March 31, 2015, up to $16,000,000 from the state
   10  university income fund general revenue  account  (22653)  to  the  state
   11  general  fund for debt service costs related to campus supported capital
   12  project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
   13  University at Buffalo.
   14    S  8.  Notwithstanding any law to the contrary, and in accordance with
   15  section 4 of the state finance law, the comptroller is hereby authorized
   16  and directed to transfer, upon request of the director of the budget and
   17  upon consultation with the state university chancellor  or  his  or  her
   18  designee,  on  or before March 31, 2015, up to $6,500,000 from the state
   19  university income fund general revenue  account  (22653)  to  the  state
   20  general  fund for debt service costs related to campus supported capital
   21  project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
   22  University at Albany.
   23    S  9.  Notwithstanding  any  law to the contrary, the state university
   24  chancellor or his or her designee is authorized and directed to transfer
   25  estimated tuition revenue balances from the state university  collection
   26  fund  (61000)  to  the  state  university  income fund, state university
   27  general revenue offset account (22655) on or before March 31, 2015.
   28    S 10. Notwithstanding any law to the contrary, and in accordance  with
   29  section 4 of the state finance law, the comptroller is hereby authorized
   30  and directed to transfer, upon request of the director of the budget, up
   31  to  $69,264,000  from  the  general  fund to the state university income
   32  fund, state university hospitals  income  reimbursable  account  (22656)
   33  during  the period July 1, 2014 through June 30, 2015 to reflect ongoing
   34  state subsidy of SUNY hospitals and to pay  costs  attributable  to  the
   35  SUNY hospitals' state agency status.
   36    S  11. Notwithstanding any law to the contrary, and in accordance with
   37  section 4 of the state finance law, the comptroller is hereby authorized
   38  and directed to transfer, upon request of the director of the budget, up
   39  to $969,050,300 from the general fund to  the  state  university  income
   40  fund, state university general revenue offset account (22655) during the
   41  period  of  July  1, 2014 through June 30, 2015 to support operations at
   42  the state university.
   43    S 12. 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, upon request of the state university chancel-
   46  lor or his or her designee, up to $50,000,000 from the state  university
   47  income  fund,  state  university  hospitals  income reimbursable account
   48  (22656), for services and expenses of hospital  operations  and  capital
   49  expenditures at the state university hospitals; and the state university
   50  income  fund,  Long  Island  veterans' home account (22652) to the state
   51  university capital projects fund (32400) on or before June 30, 2015.
   52    S 13. Notwithstanding any law to the contrary, and in accordance  with
   53  section  4 of the state finance law, the comptroller, after consultation
   54  with the state university chancellor or his or her designee,  is  hereby
   55  authorized  and directed to transfer moneys, in the first instance, from
   56  the state university collection fund, Stony  Brook  hospital  collection
       S. 6355                            65                            A. 8555
    1  account (61006), Brooklyn hospital collection account (61007), and Syra-
    2  cuse  hospital collection account (61008) to the state university income
    3  fund, state university hospitals income reimbursable account (22656)  in
    4  the  event  insufficient  funds  are  available  in the state university
    5  income fund, state  university  hospitals  income  reimbursable  account
    6  (22656)  to  permit the full transfer of moneys authorized for transfer,
    7  to the general fund for payment of debt  service  related  to  the  SUNY
    8  hospitals.  Notwithstanding  any law to the contrary, the comptroller is
    9  also hereby authorized and directed, after consultation with  the  state
   10  university  chancellor  or  his or her designee, to transfer moneys from
   11  the state university income fund to the state  university  income  fund,
   12  state  university  hospitals  income reimbursable account (22656) in the
   13  event insufficient funds are available in the  state  university  income
   14  fund,  state university hospitals income reimbursable account (22656) to
   15  pay hospital operating costs or to permit the full  transfer  of  moneys
   16  authorized for transfer, to the general fund for payment of debt service
   17  related to the SUNY hospitals on or before March 31, 2015.
   18    S  14.  Notwithstanding any law to the contrary, upon the direction of
   19  the director of the budget and the chancellor of the state university of
   20  New York or his or her designee, and in accordance with section 4 of the
   21  state finance law, the comptroller is hereby authorized and directed  to
   22  transfer  monies from the state university dormitory income fund (40350)
   23  to the state university residence hall rehabilitation fund (30100),  and
   24  from  the state university residence hall rehabilitation fund (30100) to
   25  the state university dormitory income fund (40350), in an amount not  to
   26  exceed in the aggregate $80 million.
   27    S  15. Notwithstanding any law to the contrary, and in accordance with
   28  section 4 of the state finance law, the comptroller is hereby authorized
   29  and directed to transfer monies, upon request of  the  director  of  the
   30  budget,  on  or  before March 31, 2015, from and to any of the following
   31  accounts: the miscellaneous special revenue fund, patient income account
   32  (21909), the miscellaneous special revenue fund, mental hygiene  program
   33  fund  account  (21907),  the miscellaneous special revenue fund, federal
   34  salary sharing account (22056) or the general fund in  any  combination,
   35  the aggregate of which shall not exceed $350 million.
   36    S  16. Notwithstanding any law to the contrary, and in accordance with
   37  section 4 of the state finance law, the comptroller is hereby authorized
   38  and directed to transfer, at the request of the director of the  budget,
   39  up  to $500 million from the unencumbered balance of any special revenue
   40  fund or account, or combination of funds and accounts,  to  the  general
   41  fund. The amounts transferred pursuant to this authorization shall be in
   42  addition  to  any  other  transfers  expressly authorized in the 2014-15
   43  budget. Transfers  from  federal  funds,  debt  service  funds,  capital
   44  projects  funds, the community projects fund, or funds that would result
   45  in the loss of eligibility for federal benefits or federal funds  pursu-
   46  ant to federal law, rule, or regulation as assented to in chapter 683 of
   47  the  laws  of 1938 and chapter 700 of the laws of 1951 are not permitted
   48  pursuant to this authorization. Prior to initiating  transfers  pursuant
   49  to  this  authorization,  the  director  of the budget shall notify both
   50  houses of the legislature in writing of any subfund  account  for  which
   51  use of this transfer authorization would exceed $2.5 million.
   52    S  17. Notwithstanding any law to the contrary, and in accordance with
   53  section 4 of the state finance law, the comptroller is hereby authorized
   54  and directed to transfer, at the request of the director of the  budget,
   55  up  to $100 million from any non-general fund or account, or combination
   56  of funds and accounts, to the miscellaneous special revenue fund,  tech-
       S. 6355                            66                            A. 8555
    1  nology  financing  account (22207) or the miscellaneous capital projects
    2  fund, information technology capital financing account, for the  purpose
    3  of  consolidating  technology  procurement  and  services.   The amounts
    4  transferred  to  the  miscellaneous  special  revenue  fund,  technology
    5  financing account (22207) pursuant to this authorization shall be  equal
    6  to  or  less than the amount of such monies intended to support informa-
    7  tion technology costs which are attributable, according to  a  plan,  to
    8  such  account made in pursuance to an appropriation by law. Transfers to
    9  the  technology  financing  account  shall  be  completed  from  amounts
   10  collected  by  non-general  funds or accounts pursuant to a fund deposit
   11  schedule or permanent statute, and shall be transferred to the technolo-
   12  gy financing account pursuant to a schedule agreed upon by the  affected
   13  agency  commissioner. Transfers from funds that would result in the loss
   14  of eligibility for federal benefits or federal funds pursuant to federal
   15  law, rule, or regulation as assented to in chapter 683 of  the  laws  of
   16  1938  and  chapter 700 of the laws of 1951 are not permitted pursuant to
   17  this authorization.
   18    S 18. Notwithstanding any law to the contrary, and in accordance  with
   19  section 4 of the state finance law, the comptroller is hereby authorized
   20  and  directed to transfer, at the request of the director of the budget,
   21  up to $300 million from any non-general fund or account, or  combination
   22  of  funds  and  accounts, to the general fund for the purpose of consol-
   23  idating technology procurement and  services.  The  amounts  transferred
   24  pursuant to this authorization shall be equal to or less than the amount
   25  of  such  monies  intended to support information technology costs which
   26  are attributable, according to a plan, to such account made in pursuance
   27  to an appropriation by law. Transfers  to  the  general  fund  shall  be
   28  completed from amounts collected by non-general funds or accounts pursu-
   29  ant  to  a fund deposit schedule. Transfers from funds that would result
   30  in the loss of eligibility for federal benefits or federal funds  pursu-
   31  ant to federal law, rule, or regulation as assented to in chapter 683 of
   32  the  laws  of 1938 and chapter 700 of the laws of 1951 are not permitted
   33  pursuant to this authorization.
   34    S 19. Notwithstanding any provision of law to the contrary, as  deemed
   35  feasible and advisable by its trustees, the power authority of the state
   36  of New York is authorized and directed to (i) make a contribution to the
   37  state  treasury  to  the  credit  of  the  general fund, or as otherwise
   38  directed in writing by the director of the budget, in an amount of up to
   39  $90,000,000 for the state fiscal year  commencing  April  1,  2014,  the
   40  proceeds of which will be utilized to support energy-related initiatives
   41  of  the state or for economic development purposes, and (ii) transfer up
   42  to $25,000,000 of any such contribution by June 30, 2014 and the remain-
   43  der of any such contribution by March 31, 2015.
   44    S 20. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
   45  amended  by  section 20 of part HH of chapter 57 of the laws of 2013, is
   46  amended to read as follows:
   47    5. Notwithstanding the provisions of section one hundred seventy-one-a
   48  of the tax law, as separately amended by chapters four  hundred  eighty-
   49  one  and four hundred eighty-four of the laws of nineteen hundred eight-
   50  y-one, and notwithstanding the provisions of chapter ninety-four of  the
   51  laws  of  two  thousand  eleven,  or  any other provisions of law to the
   52  contrary, during the fiscal year beginning  April  first,  two  thousand
   53  [thirteen]  FOURTEEN,  the  state  comptroller  is hereby authorized and
   54  directed to deposit to the fund created pursuant to  this  section  from
   55  amounts  collected  pursuant  to  article  twenty-two of the tax law and
   56  pursuant to a schedule submitted by the director of the  budget,  up  to
       S. 6355                            67                            A. 8555
    1  [$3,419,375,000] $3,429,375,000, as may be certified in such schedule as
    2  necessary  to  meet the purposes of such fund for the fiscal year begin-
    3  ning April first, two thousand [thirteen] FOURTEEN.
    4    S  21.  The  comptroller  is authorized and directed to deposit to the
    5  general fund-state purposes account reimbursements from moneys appropri-
    6  ated or reappropriated to the correctional facilities  capital  improve-
    7  ment  fund  by  a  chapter  of the laws of 2014. Reimbursements shall be
    8  available for spending from appropriations made  to  the  department  of
    9  corrections and community supervision in the general fund-state purposes
   10  accounts  by a chapter of the laws of 2014 for costs associated with the
   11  administration and security of capital  projects  and  for  other  costs
   12  which are attributable, according to a plan, to such capital projects.
   13    S  22. Subdivision 6 of section 4 of the state finance law, as amended
   14  by section 18 of part U of chapter 59 of the laws of 2012, is amended to
   15  read as follows:
   16    6. Notwithstanding any law to the contrary, at the  beginning  of  the
   17  state  fiscal  year,  the  state  comptroller  is  hereby authorized and
   18  directed to receive for deposit to  the  credit  of  a  fund  and/or  an
   19  account  such  monies as are identified by the director of the budget as
   20  having been intended for such deposit to support disbursements from such
   21  fund and/or account made in pursuance of an  appropriation  by  law.  As
   22  soon  as  practicable  upon enactment of the budget, the director of the
   23  budget shall,  but  not  less  than  three  days  following  preliminary
   24  submission  to the chairs of the senate finance committee and the assem-
   25  bly ways and means committee, file with the state comptroller  an  iden-
   26  tification  of specific monies to be so deposited. Any subsequent change
   27  regarding the monies to be so deposited shall be filed by  the  director
   28  of  the  budget,  as  soon  as practicable, but not less than three days
   29  following preliminary submission to the chairs  of  the  senate  finance
   30  committee and the assembly ways and means committee.
   31    All monies identified by the director of the budget to be deposited to
   32  the  credit of a fund and/or account shall be consistent with the intent
   33  of the budget for the then current state fiscal year as enacted  by  the
   34  legislature.
   35    [The  provisions  of  this  subdivision  shall expire on March thirty-
   36  first, two thousand fourteen.]
   37    S 23. Subdivision 4 of section 40 of the state finance law, as amended
   38  by section 19 of part U of chapter 59 of the laws of 2012, is amended to
   39  read as follows:
   40    4. Every appropriation made from a fund or account to a department  or
   41  agency shall be available for the payment of prior years' liabilities in
   42  such fund or account for fringe benefits, indirect costs, and telecommu-
   43  nications  expenses  and  expenses  for  other centralized services fund
   44  programs without limit. Every appropriation shall also be available  for
   45  the  payment  of  prior  years'  liabilities  other than those indicated
   46  above, but only to the extent of one-half of one percent  of  the  total
   47  amount appropriated to a department or agency in such fund or account.
   48    [The  provisions  of this subdivision shall expire March thirty-first,
   49  two thousand fourteen.]
   50    S 24. Notwithstanding any  other  law,  rule,  or  regulation  to  the
   51  contrary, the state comptroller is hereby authorized and directed to use
   52  any  balance  remaining  in the mental health services fund debt service
   53  appropriation, after payment by the state comptroller of all obligations
   54  required pursuant to any lease, sublease, or other financing arrangement
   55  between the dormitory authority of the state of New York as successor to
   56  the New York state medical  care  facilities  finance  agency,  and  the
       S. 6355                            68                            A. 8555
    1  facilities development corporation pursuant to chapter 83 of the laws of
    2  1995  and  the  department  of  mental hygiene for the purpose of making
    3  payments to the dormitory authority of the state of  New  York  for  the
    4  amount  of  the  earnings  for the investment of monies deposited in the
    5  mental health services fund that such agency determines will or may have
    6  to be rebated to the federal government pursuant to  the  provisions  of
    7  the  internal  revenue code of 1986, as amended, in order to enable such
    8  agency to maintain the exemption from federal  income  taxation  on  the
    9  interest paid to the holders of such agency's mental services facilities
   10  improvement  revenue bonds.   Annually on or before each June 30th, such
   11  agency shall certify to the state comptroller its determination  of  the
   12  amounts  received  in the mental health services fund as a result of the
   13  investment of monies deposited therein that  will  or  may  have  to  be
   14  rebated  to  the  federal  government  pursuant to the provisions of the
   15  internal revenue code of 1986, as amended.
   16    S 25. Section 68-b of the state finance law is amended by adding a new
   17  subdivision 12 to read as follows:
   18    12. THE COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM  THE  AUTHOR-
   19  IZED  ISSUERS  ANY PORTION OF BOND PROCEEDS PAID TO PROVIDE FUNDS FOR OR
   20  REIMBURSE THE STATE  FOR  ITS  COSTS  ASSOCIATED  WITH  SUCH  AUTHORIZED
   21  PURPOSES  AND TO CREDIT SUCH AMOUNTS TO THE CAPITAL PROJECTS FUND OR ANY
   22  OTHER APPROPRIATE FUND.
   23    S 26. Section 69-n 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 27. Paragraph (b) of subdivision  4  of  section  72  of  the  state
   31  finance  law,  as  amended  by section 37 of part U of chapter 59 of the
   32  laws of 2012, is amended to read as follows:
   33    (b) On or before the beginning of each quarter, the  director  of  the
   34  budget  may  certify  to  the  state comptroller the estimated amount of
   35  monies that shall be reserved in the general debt service fund  for  the
   36  payment of debt service and related expenses payable by such fund during
   37  each  month  of  the  state fiscal year, excluding payments due from the
   38  revenue bond tax fund. Such certificate may be periodically updated,  as
   39  necessary.  Notwithstanding  any  provision  of law to the contrary, the
   40  state comptroller shall reserve in the general  debt  service  fund  the
   41  amount  of  monies  identified  on such certificate as necessary for the
   42  payment of debt service and related expenses during the current or  next
   43  succeeding  quarter of the state fiscal year. Such monies reserved shall
   44  not be available for  any  other  purpose.  Such  certificate  shall  be
   45  reported  to  the  chairpersons  of the Senate Finance Committee and the
   46  Assembly Ways and Means Committee. [The  provisions  of  this  paragraph
   47  shall expire June thirtieth, two thousand fourteen.]
   48    S  28.  Section  47  of  section 1 of chapter 174 of the laws of 1968,
   49  constituting the New York state urban development  corporation  act,  as
   50  added  by  section  47  of part HH of chapter 57 of the laws of 2013, is
   51  amended to read as follows:
   52    S 47.   1. Notwithstanding the provisions of  any  other  law  to  the
   53  contrary, the dormitory authority and the corporation are hereby author-
   54  ized  to  issue  bonds or notes in one or more series for the purpose of
   55  funding project costs for the office of information technology services,
   56  DEPARTMENT OF LAW, and other state costs associated  with  such  capital
       S. 6355                            69                            A. 8555
    1  projects.    The  aggregate  principal  amount of bonds authorized to be
    2  issued pursuant to this section  shall  not  exceed  [eighty-seven]  ONE
    3  HUNDRED  EIGHTY-TWO million [seven] FOUR hundred forty thousand dollars,
    4  excluding  bonds  issued to fund one or more debt service reserve funds,
    5  to pay costs of issuance of such bonds, and bonds  or  notes  issued  to
    6  refund  or  otherwise  repay such bonds or notes previously issued. Such
    7  bonds and notes of the dormitory authority and the corporation shall not
    8  be a debt of the state, and the state shall not be liable  thereon,  nor
    9  shall  they be payable out of any funds other than those appropriated by
   10  the state to the dormitory authority and the corporation for  principal,
   11  interest,  and  related expenses pursuant to a service contract and such
   12  bonds and notes shall contain on the face thereof a  statement  to  such
   13  effect. Except for purposes of complying with the internal revenue code,
   14  any  interest  income  earned on bond proceeds shall only be used to pay
   15  debt service on such bonds.
   16    2. Notwithstanding any other provision of  law  to  the  contrary,  in
   17  order to assist the dormitory authority and the corporation in undertak-
   18  ing  the financing for project costs for the office of information tech-
   19  nology services, DEPARTMENT OF LAW, and  other  state  costs  associated
   20  with such capital projects, the director of the budget is hereby author-
   21  ized  to  enter  into  one  or more service contracts with the dormitory
   22  authority and the corporation, none of which shall exceed  thirty  years
   23  in duration, upon such terms and conditions as the director of the budg-
   24  et and the dormitory authority and the corporation agree, so as to annu-
   25  ally  provide  to  the  dormitory  authority and the corporation, in the
   26  aggregate, a sum not to exceed  the  principal,  interest,  and  related
   27  expenses required for such bonds and notes. Any service contract entered
   28  into  pursuant  to this section shall provide that the obligation of the
   29  state to pay the amount therein provided shall not constitute a debt  of
   30  the  state  within  the  meaning  of  any  constitutional  or  statutory
   31  provision and shall be deemed executory only to  the  extent  of  monies
   32  available  and  that  no liability shall be incurred by the state beyond
   33  the monies available for such purpose, subject to  annual  appropriation
   34  by the legislature. Any such contract or any payments made or to be made
   35  thereunder  may  be  assigned and pledged by the dormitory authority and
   36  the corporation as security for its bonds and notes,  as  authorized  by
   37  this section.
   38    S 29. Subdivision 1 of section 16 of part D of chapter 389 of the laws
   39  of  1997,  relating  to  the  financing  of  the correctional facilities
   40  improvement fund and the youth facility improvement fund, as amended  by
   41  section  49  of part HH of chapter 57 of the laws of 2013, is amended to
   42  read as follows:
   43    1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
   44  notwithstanding the provisions of section 18 of section 1 of chapter 174
   45  of the laws of 1968, the New York state urban development corporation is
   46  hereby  authorized  to  issue  bonds,  notes and other obligations in an
   47  aggregate principal amount not  to  exceed  seven  billion  one  hundred
   48  [thirty-three]   FORTY-EIGHT   million   sixty-nine   thousand   dollars
   49  [$7,133,069,000] $7,148,069,000, and shall include all bonds, notes  and
   50  other  obligations issued pursuant to chapter 56 of the laws of 1983, as
   51  amended or supplemented. The proceeds of  such  bonds,  notes  or  other
   52  obligations  shall be paid to the state, for deposit in the correctional
   53  facilities capital improvement fund to pay for all or any portion of the
   54  amount or amounts paid by the state from appropriations  or  reappropri-
   55  ations  made  to the department of corrections and community supervision
   56  from the correctional facilities capital improvement  fund  for  capital
       S. 6355                            70                            A. 8555
    1  projects.  The  aggregate  amount  of  bonds, notes or other obligations
    2  authorized to be issued pursuant to this section  shall  exclude  bonds,
    3  notes  or  other  obligations issued to refund or otherwise repay bonds,
    4  notes  or  other  obligations  theretofore issued, the proceeds of which
    5  were paid to the state for all or a portion of the amounts  expended  by
    6  the state from appropriations or reappropriations made to the department
    7  of  corrections  and community supervision; provided, however, that upon
    8  any such refunding or repayment the total aggregate principal amount  of
    9  outstanding  bonds, notes or other obligations may be greater than seven
   10  billion one hundred [thirty-three] FORTY-EIGHT million sixty-nine  thou-
   11  sand  dollars [$7,133,069,000] $7,148,069,000, only if the present value
   12  of the aggregate debt service of the refunding or repayment bonds, notes
   13  or other obligations to be issued shall not exceed the present value  of
   14  the  aggregate  debt service of the bonds, notes or other obligations so
   15  to be refunded or repaid. For the purposes hereof, the present value  of
   16  the aggregate debt service of the refunding or repayment bonds, notes or
   17  other  obligations and of the aggregate debt service of the bonds, notes
   18  or other obligations so refunded  or  repaid,  shall  be  calculated  by
   19  utilizing  the  effective  interest  rate  of the refunding or repayment
   20  bonds, notes or other obligations, which shall be that rate  arrived  at
   21  by  doubling  the  semi-annual  interest rate (compounded semi-annually)
   22  necessary to discount the debt service  payments  on  the  refunding  or
   23  repayment bonds, notes or other obligations from the payment dates ther-
   24  eof  to  the date of issue of the refunding or repayment bonds, notes or
   25  other obligations and to  the  price  bid  including  estimated  accrued
   26  interest  or  proceeds  received  by the corporation including estimated
   27  accrued interest from the sale thereof.
   28    S 30. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
   29  housing  finance  law, as amended by section 50 of part HH of chapter 57
   30  of the laws of 2013, is amended to read as follows:
   31    (a) Subject to the provisions of chapter fifty-nine of the laws of two
   32  thousand, in order to enhance and encourage  the  promotion  of  housing
   33  programs  and thereby achieve the stated purposes and objectives of such
   34  housing programs, the agency shall have the power and is hereby  author-
   35  ized  from  time  to  time to issue negotiable housing program bonds and
   36  notes in such principal amount as shall be necessary to  provide  suffi-
   37  cient  funds  for the repayment of amounts disbursed (and not previously
   38  reimbursed) pursuant to law or any prior year making  capital  appropri-
   39  ations  or  reappropriations  for  the  purposes of the housing program;
   40  provided, however, that the agency may issue such bonds and notes in  an
   41  aggregate  principal  amount  not  exceeding  two billion [eight hundred
   42  forty-four] NINE HUNDRED NINETY-NINE million [eight hundred] ninety-nine
   43  thousand dollars, plus a principal amount of bonds issued  to  fund  the
   44  debt  service  reserve  fund in accordance with the debt service reserve
   45  fund requirement established  by  the  agency  and  to  fund  any  other
   46  reserves  that the agency reasonably deems necessary for the security or
   47  marketability of such bonds and to provide for the payment of  fees  and
   48  other  charges  and  expenses, including underwriters' discount, trustee
   49  and rating agency fees, bond insurance, credit enhancement and liquidity
   50  enhancement related to the issuance of such bonds and notes. No  reserve
   51  fund securing the housing program bonds shall be entitled or eligible to
   52  receive  state  funds apportioned or appropriated to maintain or restore
   53  such reserve fund at or to a particular level, except to the  extent  of
   54  any  deficiency  resulting  directly or indirectly from a failure of the
   55  state to appropriate or pay the agreed amount under any of the contracts
   56  provided for in subdivision four of this section.
       S. 6355                            71                            A. 8555
    1    S 31. Subdivision (b) of section 11 of chapter  329  of  the  laws  of
    2  1991,  amending  the  state  finance  law and other laws relating to the
    3  establishment of the dedicated highway and bridge trust fund, as amended
    4  by section 51 of part HH of chapter 57 of the laws of 2013,  is  amended
    5  to read as follows:
    6    (b) Any service contract or contracts for projects authorized pursuant
    7  to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
    8  14-k of the transportation law, and entered into pursuant to subdivision
    9  (a) of this section, shall provide  for  state  commitments  to  provide
   10  annually  to  the  thruway  authority a sum or sums, upon such terms and
   11  conditions as shall be deemed appropriate by the director of the budget,
   12  to fund, or fund the debt service requirements of any bonds or any obli-
   13  gations of the thruway authority issued to  fund  OR  TO  REIMBURSE  THE
   14  STATE  FOR  FUNDING  such  projects  having  a  cost  not  in  excess of
   15  [$7,591,875,000] $8,080,728,000 cumulatively by the end of  fiscal  year
   16  [2013-14] 2014-15.
   17    S  32.  Subdivision 1 of section 1689-i of the public authorities law,
   18  as amended by section 52 of part HH of chapter 57 of the laws  of  2013,
   19  is amended to read as follows:
   20    1.  The  dormitory  authority  is  authorized  to  issue bonds, at the
   21  request of the commissioner of education, to  finance  eligible  library
   22  construction projects pursuant to section two hundred seventy-three-a of
   23  the  education  law,  in  amounts  certified by such commissioner not to
   24  exceed a total principal amount of  [one  hundred  twelve]  ONE  HUNDRED
   25  TWENTY-SIX million dollars.
   26    S  33.  Subdivision  (a)  of section 27 of part Y of chapter 61 of the
   27  laws of 2005, providing for the  administration  of  certain  funds  and
   28  accounts  related  to  the 2005-2006 budget, as amended by section 53 of
   29  part HH of chapter 57 of the  laws  of  2013,  is  amended  to  read  as
   30  follows:
   31    (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
   32  notwithstanding any provisions of law to the contrary, the urban  devel-
   33  opment  corporation  is hereby authorized to issue bonds or notes in one
   34  or  more  series  in  an  aggregate  principal  amount  not  to   exceed
   35  [$133,600,000]  $149,600,000,  excluding  bonds issued to finance one or
   36  more debt service reserve funds, to pay costs of issuance of such bonds,
   37  and bonds or notes issued to refund or otherwise  repay  such  bonds  or
   38  notes  previously  issued, for the purpose of financing capital projects
   39  INCLUDING IT INITIATIVES for the division of state police, debt  service
   40  and  leases;  and  to reimburse the state general fund for disbursements
   41  made therefor. Such bonds and notes of such authorized issuer shall  not
   42  be  a  debt of the state, and the state shall not be liable thereon, nor
   43  shall they be payable out of any funds other than those appropriated  by
   44  the  state  to  such  authorized  issuer  for  debt  service and related
   45  expenses pursuant to any service contract executed pursuant to  subdivi-
   46  sion  (b)  of this section and such bonds and notes shall contain on the
   47  face thereof a statement to such effect. Except for purposes of  comply-
   48  ing  with  the internal revenue code, any interest income earned on bond
   49  proceeds shall only be used to pay debt service on such bonds.
   50    S 34. Section 44 of section 1 of chapter 174  of  the  laws  of  1968,
   51  constituting  the  New  York state urban development corporation act, as
   52  amended by section 54 of part HH of chapter 57 of the laws of  2013,  is
   53  amended to read as follows:
   54    S  44.  Issuance  of  certain  bonds  or notes. 1. Notwithstanding the
   55  provisions of any other law to the contrary, the dormitory authority and
   56  the corporation are hereby authorized to issue bonds or notes in one  or
       S. 6355                            72                            A. 8555
    1  more  series  for  the purpose of funding project costs for the regional
    2  economic development council  initiative,  the  economic  transformation
    3  program,  state university of New York college for nanoscale and science
    4  engineering,  projects  within  the city of Buffalo or surrounding envi-
    5  rons, the New York works economic development  fund,  projects  for  the
    6  retention of professional football in western New York, the empire state
    7  economic  [devlopment]  DEVELOPMENT  fund, THE CLARKSON-TRUDEAU PARTNER-
    8  SHIP, THE NEW YORK GENOME CENTER,  THE  CORNELL  UNIVERSITY  COLLEGE  OF
    9  VETERINARY  MEDICINE,  THE  OLYMPIC  REGIONAL  DEVELOPMENT  AUTHORITY, A
   10  PROJECT AT NANO UTICA,  ONONDAGA  COUNTY  REVITALIZATION  PROJECTS,  and
   11  other state costs associated with such projects. The aggregate principal
   12  amount  of  bonds authorized to be issued pursuant to this section shall
   13  not exceed [one] TWO billion [three]  ONE  HUNDRED  NINETY-FIVE  million
   14  [six]  TWO hundred [seven] FIFTY-SEVEN thousand dollars, excluding bonds
   15  issued to fund one or more debt service reserve funds, to pay  costs  of
   16  issuance of such bonds, and bonds or notes issued to refund or otherwise
   17  repay such bonds or notes previously issued. Such bonds and notes of the
   18  dormitory  authority  and  the  corporation  shall  not be a debt of the
   19  state, and the state shall not be liable  thereon,  nor  shall  they  be
   20  payable  out  of any funds other than those appropriated by the state to
   21  the dormitory authority and the corporation for principal, interest, and
   22  related expenses pursuant to a service contract and such bonds and notes
   23  shall contain on the face thereof a statement to such effect. Except for
   24  purposes of complying with  the  internal  revenue  code,  any  interest
   25  income earned on bond proceeds shall only be used to pay debt service on
   26  such bonds.
   27    2.  Notwithstanding  any  other  provision  of law to the contrary, in
   28  order to assist the dormitory authority and the corporation in undertak-
   29  ing the financing for project costs for the regional  economic  develop-
   30  ment  council  initiative,  the  economic  transformation program, state
   31  university of New York college for nanoscale  and  science  engineering,
   32  projects  within  the  city  of Buffalo or surrounding environs, the New
   33  York works economic development fund,  projects  for  the  retention  of
   34  professional  football  in  western  New York, the empire state economic
   35  development fund, THE CLARKSON-TRUDEAU PARTNERSHIP, THE NEW YORK  GENOME
   36  CENTER, THE CORNELL UNIVERSITY COLLEGE OF VETERINARY MEDICINE, THE OLYM-
   37  PIC  REGIONAL  DEVELOPMENT  AUTHORITY, A PROJECT AT NANO UTICA, ONONDAGA
   38  COUNTY REVITALIZATION PROJECTS, and other state  costs  associated  with
   39  such  projects, the director of the budget is hereby authorized to enter
   40  into one or more service contracts with the dormitory authority and  the
   41  corporation,  none  of which shall exceed thirty years in duration, upon
   42  such terms and conditions as the director of the budget and the dormito-
   43  ry authority and the corporation agree, so as to annually provide to the
   44  dormitory authority and the corporation, in the aggregate, a sum not  to
   45  exceed  the  principal, interest, and related expenses required for such
   46  bonds and notes. Any service contract  entered  into  pursuant  to  this
   47  section shall provide that the obligation of the state to pay the amount
   48  therein  provided  shall  not  constitute a debt of the state within the
   49  meaning of any constitutional or statutory provision and shall be deemed
   50  executory only to the extent of monies available and that  no  liability
   51  shall  be  incurred  by  the  state beyond the monies available for such
   52  purpose, subject to annual appropriation by the  legislature.  Any  such
   53  contract  or  any payments made or to be made thereunder may be assigned
   54  and pledged by the dormitory authority and the corporation  as  security
   55  for its bonds and notes, as authorized by this section.
       S. 6355                            73                            A. 8555
    1    S  35.  Subdivision 3 of section 1285-p of the public authorities law,
    2  as amended by section 55 of part HH of chapter 57 of the laws  of  2013,
    3  is amended to read as follows:
    4    3.  The  maximum amount of bonds that may be issued for the purpose of
    5  financing  environmental  infrastructure  projects  authorized  by  this
    6  section   shall   be   one  billion  [two]  THREE  hundred  [sixty-five]
    7  NINETY-EIGHT million [seven] TWO hundred sixty thousand dollars,  exclu-
    8  sive  of  bonds issued to fund any debt service reserve funds, pay costs
    9  of issuance of such bonds, and bonds or notes issued to refund or other-
   10  wise repay bonds or notes previously issued. Such bonds and notes of the
   11  corporation shall not be a debt of the state, and the state shall not be
   12  liable thereon, nor shall they be payable out of any  funds  other  than
   13  those  appropriated by the state to the corporation for debt service and
   14  related expenses pursuant to any service contracts executed pursuant  to
   15  subdivision  one of this section, and such bonds and notes shall contain
   16  on the face thereof a statement to such effect.
   17    S 36. Section 93-a of the state finance law, as added by section 64 of
   18  part HH of chapter 57 of the  laws  of  2013,  is  amended  to  read  as
   19  follows:
   20    S  93-a.  New  York state storm recovery capital fund. 1. (a) There is
   21  hereby established in the joint  custody  of  the  comptroller  and  the
   22  commissioner  of  taxation and finance a special fund to be known as the
   23  "New York state storm recovery capital fund".
   24    (b) The sources of funds shall consist of all moneys collected  there-
   25  for,  or  moneys  credited, appropriated or transferred thereto from any
   26  other fund or source pursuant to law, or any other moneys made available
   27  for the purposes of the fund. [Any interest received by the  comptroller
   28  on moneys on deposit shall be retained in and become a part of the fund,
   29  unless otherwise directed by law.]
   30    2.  Following  appropriation  by  the legislature, moneys in the storm
   31  recovery capital fund shall be available [to finance]  FOR  the  repair,
   32  rehabilitation,  or  replacement of capital works or purposes damaged by
   33  Hurricane Sandy or any future natural disaster expected to  be  eligible
   34  for reimbursement by the Federal Emergency Management Agency (FEMA), the
   35  Federal Transit Administration (FTA), the Federal Highway Administration
   36  (FHWA)  [and] AND/OR any other Federal reimbursement source. No money in
   37  this account may be expended for any project [until] UNLESS the director
   38  of the budget OR HIS OR HER DESIGNEE has  determined  that  there  is  a
   39  substantial  likelihood  that  the costs of such project shall be [reim-
   40  bursed] ELIGIBLE FOR REIMBURSEMENT by  Federal  sources.  [The  director
   41  shall  issue  formal rules that set forth the process by which he or she
   42  will determine whether there is a substantial likelihood  of  reimburse-
   43  ment by Federal sources.]
   44    S  37.  Subdivision 1 of section 45 of section 1 of chapter 174 of the
   45  laws of 1968, constituting the New York state urban  development  corpo-
   46  ration  act,  as  amended  by section 65 of part HH of chapter 57 of the
   47  laws of 2013, is amended to read as follows:
   48    1. Notwithstanding the provisions of any other law  to  the  contrary,
   49  the  urban  development  corporation  of the state of New York is hereby
   50  authorized to issue bonds or notes in one or more series for the purpose
   51  of funding project costs for the implementation of a NY-SUNY and NY-CUNY
   52  2020 challenge grant program subject to the approval of  a  NY-SUNY  and
   53  NY-CUNY  2020 plan or plans by the governor and either the chancellor of
   54  the state university of New York or the chancellor of the city universi-
   55  ty of New York, as applicable. The aggregate principal amount  of  bonds
   56  authorized  to  be  issued  pursuant  to  this  section shall not exceed
       S. 6355                            74                            A. 8555
    1  [$220,000,000] $330,000,000, excluding bonds issued to fund one or  more
    2  debt  service reserve funds, to pay costs of issuance of such bonds, and
    3  bonds or notes issued to refund or otherwise repay such bonds  or  notes
    4  previously  issued. Such bonds and notes of the corporation shall not be
    5  a debt of the state, and the state shall  not  be  liable  thereon,  nor
    6  shall  they be payable out of any funds other than those appropriated by
    7  the state to  the  corporation  for  principal,  interest,  and  related
    8  expenses  pursuant  to a service contract and such bonds and notes shall
    9  contain on the face thereof a  statement  to  such  effect.  Except  for
   10  purposes  of  complying  with  the  internal  revenue code, any interest
   11  income earned on bond proceeds shall only be used to pay debt service on
   12  such bonds.
   13    S 38. Subdivision (a) of section 48 of part K of  chapter  81  of  the
   14  laws  of  2002,  providing  for  the administration of certain funds and
   15  accounts related to the 2002-2003 budget, as amended by  section  68  of
   16  part  HH  of  chapter  57  of  the  laws  of 2013, is amended to read as
   17  follows:
   18    (a) Subject to the provisions of chapter 59 of the laws  of  2000  but
   19  notwithstanding  the  provisions  of section 18 of the urban development
   20  corporation act, the corporation is hereby authorized to issue bonds  or
   21  notes  in  one  or  more  series in an aggregate principal amount not to
   22  exceed [$67,000,000] $204,000,000 excluding bonds issued to fund one  or
   23  more debt service reserve funds, to pay costs of issuance of such bonds,
   24  and  bonds  or  notes  issued to refund or otherwise repay such bonds or
   25  notes previously issued, for the  purpose  of  financing  capital  costs
   26  related to homeland security and training facilities for the division of
   27  state  police, the division of military and naval affairs, and any other
   28  state agency, including the reimbursement of any disbursements made from
   29  the state capital projects fund, and is hereby authorized to issue bonds
   30  or notes in one or more series in an aggregate principal amount  not  to
   31  exceed  [$220,800,000]  $317,800,000, excluding bonds issued to fund one
   32  or more debt service reserve funds, to pay costs  of  issuance  of  such
   33  bonds, and bonds or notes issued to refund or otherwise repay such bonds
   34  or notes previously issued, for the purpose of financing improvements to
   35  State office buildings and other facilities located statewide, including
   36  the  reimbursement  of  any  disbursements  made  from the state capital
   37  projects fund. Such bonds and notes of the corporation shall  not  be  a
   38  debt  of the state, and the state shall not be liable thereon, nor shall
   39  they be payable out of any funds other than those  appropriated  by  the
   40  state  to the corporation for debt service and related expenses pursuant
   41  to any service contracts executed pursuant to subdivision  (b)  of  this
   42  section,  and  such  bonds and notes shall contain on the face thereof a
   43  statement to such effect.
   44    S 39. Subdivision 1 of section 386-b of the public authorities law, as
   45  amended by section 69 of part HH of chapter 57 of the laws of  2013,  is
   46  amended to read as follows:
   47    1.  Notwithstanding  any  other  provision of law to the contrary, the
   48  authority, the dormitory authority and the urban development corporation
   49  are hereby authorized to issue bonds or notes in one or more series  for
   50  the  purpose  of  financing  peace  bridge projects and capital costs of
   51  state and local highways, parkways, bridges, the New York state thruway,
   52  Indian reservation roads, and facilities, and transportation infrastruc-
   53  ture  projects  including  aviation  projects,  non-MTA   mass   transit
   54  projects,  and rail service preservation projects, including work appur-
   55  tenant and ancillary thereto. The aggregate principal  amount  of  bonds
   56  authorized  to be issued pursuant to this section shall not exceed [two]
       S. 6355                            75                            A. 8555
    1  FOUR  hundred  [forty]  SIXTY-FIVE  million   dollars   [($240,000,000)]
    2  ($465,000,000),  excluding bonds issued to fund one or more debt service
    3  reserve funds, to pay costs of issuance of such bonds, and to refund  or
    4  otherwise  repay  such  bonds or notes previously issued. Such bonds and
    5  notes of the authority, the dormitory authority and the  urban  develop-
    6  ment  corporation  shall not be a debt of the state, and the state shall
    7  not be liable thereon, nor shall they be payable out of any funds  other
    8  than  those  appropriated  by  the state to the authority, the dormitory
    9  authority and the urban development corporation for principal, interest,
   10  and related expenses pursuant to a service contract and such  bonds  and
   11  notes  shall  contain  on  the  face thereof a statement to such effect.
   12  Except for purposes of complying with the  internal  revenue  code,  any
   13  interest  income  earned on bond proceeds shall only be used to pay debt
   14  service on such bonds.
   15    S 40. Paragraph (c) of subdivision 19 of section 1680  of  the  public
   16  authorities  law, as amended by section 69-a of part HH of chapter 57 of
   17  the laws of 2013, is amended to read as follows:
   18    (c) Subject to the provisions of chapter fifty-nine of the laws of two
   19  thousand, the dormitory authority shall not issue any  bonds  for  state
   20  university  educational  facilities  purposes if the principal amount of
   21  bonds to be issued when added to the aggregate principal amount of bonds
   22  issued by the dormitory authority on  and  after  July  first,  nineteen
   23  hundred  eighty-eight  for  state university educational facilities will
   24  exceed ten billion [four] NINE hundred [twenty-two]  THIRTY-TWO  million
   25  dollars;  provided,  however, that bonds issued or to be issued shall be
   26  excluded from such limitation if: (1) such bonds are  issued  to  refund
   27  state  university  construction  bonds and state university construction
   28  notes previously issued by the housing finance agency; or (2) such bonds
   29  are issued to refund bonds of the authority or other obligations  issued
   30  for  state  university  educational  facilities purposes and the present
   31  value of the aggregate debt service on  the  refunding  bonds  does  not
   32  exceed  the  present  value  of  the aggregate debt service on the bonds
   33  refunded thereby; provided,  further  that  upon  certification  by  the
   34  director  of  the  budget  that the issuance of refunding bonds or other
   35  obligations issued between April first, nineteen hundred ninety-two  and
   36  March  thirty-first,  nineteen  hundred  ninety-three will generate long
   37  term economic benefits to the state, as  assessed  on  a  present  value
   38  basis,  such  issuance will be deemed to have met the present value test
   39  noted above. For purposes of this subdivision, the present value of  the
   40  aggregate  debt  service  of  the refunding bonds and the aggregate debt
   41  service of the bonds refunded, shall be calculated by utilizing the true
   42  interest cost of the refunding bonds, which shall be that  rate  arrived
   43  at  by doubling the semi-annual interest rate (compounded semi-annually)
   44  necessary to discount the debt service payments on the  refunding  bonds
   45  from  the  payment  dates  thereof to the date of issue of the refunding
   46  bonds to the purchase price of the refunding bonds,  including  interest
   47  accrued  thereon  prior  to  the  issuance thereof. The maturity of such
   48  bonds, other than bonds issued to refund outstanding  bonds,  shall  not
   49  exceed  the  weighted  average  economic life, as certified by the state
   50  university construction fund, of the facilities in connection with which
   51  the bonds are issued, and in any case not  later  than  the  earlier  of
   52  thirty  years  or  the  expiration of the term of any lease, sublease or
   53  other agreement relating  thereto;  provided  that  no  note,  including
   54  renewals  thereof,  shall mature later than five years after the date of
   55  issuance of such note. The legislature reserves the right  to  amend  or
   56  repeal  such  limit, and the state of New York, the dormitory authority,
       S. 6355                            76                            A. 8555
    1  the state university of New York, and the state university  construction
    2  fund are prohibited from covenanting or making any other agreements with
    3  or  for  the  benefit  of bondholders which might in any way affect such
    4  right.
    5    S  41.  Paragraph  (c) of subdivision 14 of section 1680 of the public
    6  authorities law, as amended by section 67 of part HH of  chapter  57  of
    7  the laws of 2013, is amended to read as follows:
    8    (c) Subject to the provisions of chapter fifty-nine of the laws of two
    9  thousand,  (i)  the  dormitory  authority  shall not deliver a series of
   10  bonds for city university community college facilities, except to refund
   11  or to be substituted for or in lieu of other bonds in relation  to  city
   12  university  community college facilities pursuant to a resolution of the
   13  dormitory authority adopted before July first, nineteen hundred  eighty-
   14  five  or any resolution supplemental thereto, if the principal amount of
   15  bonds so to be issued when added  to  all  principal  amounts  of  bonds
   16  previously  issued by the dormitory authority for city university commu-
   17  nity college facilities, except to refund or to be substituted  in  lieu
   18  of  other bonds in relation to city university community college facili-
   19  ties will exceed the sum of four hundred twenty-five million dollars and
   20  (ii) the dormitory authority shall not deliver a series of bonds  issued
   21  for  city university facilities, including community college facilities,
   22  pursuant to a resolution of the dormitory authority adopted on or  after
   23  July  first,  nineteen  hundred  eighty-five,  except to refund or to be
   24  substituted for or in lieu of other bonds in relation to city university
   25  facilities and except for bonds issued pursuant to a resolution  supple-
   26  mental  to a resolution of the dormitory authority adopted prior to July
   27  first, nineteen hundred eighty-five, if the principal amount of bonds so
   28  to be issued when added to the  principal  amount  of  bonds  previously
   29  issued pursuant to any such resolution, except bonds issued to refund or
   30  to  be  substituted  for  or  in lieu of other bonds in relation to city
   31  university facilities, will  exceed  [six]  SEVEN  billion  [eight]  ONE
   32  hundred   [fifty-three]   TWENTY-SIX   million   [two]   EIGHT   hundred
   33  TWENTY-EIGHT thousand dollars.  The legislature reserves  the  right  to
   34  amend  or  repeal  such  limit, and the state of New York, the dormitory
   35  authority, the city university, and the fund are prohibited from  coven-
   36  anting  or  making any other agreements with or for the benefit of bond-
   37  holders which might in any way affect such right.
   38    S 42. Subdivision 10-a of section 1680 of the public authorities  law,
   39  as  amended  by section 66 of part HH of chapter 57 of the laws of 2013,
   40  is amended to read as follows:
   41    10-a. Subject to the provisions of chapter fifty-nine of the  laws  of
   42  two  thousand, but notwithstanding any other provision of the law to the
   43  contrary, the maximum amount of bonds and notes to be issued after March
   44  thirty-first, two thousand two, on behalf of the state, in  relation  to
   45  any  locally  sponsored  community college, shall be six hundred [sixty-
   46  three] NINETY-FIVE million ONE  HUNDRED  TWENTY-NINE  THOUSAND  dollars.
   47  Such  amount  shall  be  exclusive of bonds and notes issued to fund any
   48  reserve fund or funds, costs of issuance and to refund  any  outstanding
   49  bonds  and  notes,  issued on behalf of the state, relating to a locally
   50  sponsored community college.
   51    S 43. The public authorities law is amended by adding  a  new  section
   52  1680-r to read as follows:
   53    S  1680-R.    AUTHORIZATION  FOR THE ISSUANCE OF BONDS FOR THE CAPITAL
   54  RESTRUCTURING FINANCING PROGRAM. 1. NOTWITHSTANDING  THE  PROVISIONS  OF
   55  ANY  OTHER  LAW  TO  THE CONTRARY, THE DORMITORY AUTHORITY AND THE URBAN
   56  DEVELOPMENT CORPORATION ARE HEREBY AUTHORIZED TO ISSUE BONDS OR NOTES IN
       S. 6355                            77                            A. 8555
    1  ONE OR MORE SERIES FOR THE PURPOSE OF  FUNDING  PROJECT  COSTS  FOR  THE
    2  CAPITAL  RESTRUCTURING  FINANCING  PROGRAM  FOR  HEALTH CARE AND RELATED
    3  FACILITIES LICENSED PURSUANT TO THE PUBLIC  HEALTH  LAW  OR  THE  MENTAL
    4  HYGIENE LAW AND OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS.
    5  THE AGGREGATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO BE ISSUED PURSUANT
    6  TO  THIS  SECTION  SHALL  NOT  EXCEED  ONE  BILLION  TWO HUNDRED MILLION
    7  DOLLARS, EXCLUDING BONDS ISSUED TO FUND ONE OR MORE DEBT SERVICE RESERVE
    8  FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH BONDS, AND BONDS OR NOTES ISSUED
    9  TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED. SUCH
   10  BONDS AND NOTES OF THE DORMITORY AUTHORITY  AND  THE  URBAN  DEVELOPMENT
   11  CORPORATION SHALL NOT BE A DEBT OF THE STATE, AND THE STATE SHALL NOT BE
   12  LIABLE  THEREON,  NOR  SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN
   13  THOSE APPROPRIATED BY THE STATE TO THE DORMITORY AUTHORITY AND THE URBAN
   14  DEVELOPMENT CORPORATION FOR PRINCIPAL, INTEREST,  AND  RELATED  EXPENSES
   15  PURSUANT TO A SERVICE CONTRACT AND SUCH BONDS AND NOTES SHALL CONTAIN ON
   16  THE  FACE  THEREOF  A  STATEMENT  TO SUCH EFFECT. EXCEPT FOR PURPOSES OF
   17  COMPLYING WITH THE INTERNAL REVENUE CODE, ANY INTEREST INCOME EARNED  ON
   18  BOND PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS.
   19    2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, IN
   20  ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
   21  RATION IN UNDERTAKING THE FINANCING FOR PROJECT COSTS  FOR  THE  CAPITAL
   22  RESTRUCTURING  FINANCING  PROGRAM FOR HEALTH CARE AND RELATED FACILITIES
   23  LICENSED PURSUANT TO THE PUBLIC HEALTH LAW OR THE MENTAL HYGIENE LAW AND
   24  OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS, THE DIRECTOR OF
   25  THE BUDGET IS HEREBY AUTHORIZED  TO  ENTER  INTO  ONE  OR  MORE  SERVICE
   26  CONTRACTS  WITH THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
   27  RATION, NONE OF WHICH SHALL EXCEED THIRTY YEARS IN DURATION,  UPON  SUCH
   28  TERMS  AND  CONDITIONS  AS  THE DIRECTOR OF THE BUDGET AND THE DORMITORY
   29  AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION AGREE, SO AS TO ANNUALLY
   30  PROVIDE TO THE DORMITORY AUTHORITY  AND  THE  URBAN  DEVELOPMENT  CORPO-
   31  RATION,  IN  THE AGGREGATE, A SUM NOT TO EXCEED THE PRINCIPAL, INTEREST,
   32  AND RELATED EXPENSES REQUIRED FOR SUCH  BONDS  AND  NOTES.  ANY  SERVICE
   33  CONTRACT  ENTERED  INTO  PURSUANT TO THIS SECTION SHALL PROVIDE THAT THE
   34  OBLIGATION OF THE STATE TO PAY THE AMOUNT  THEREIN  PROVIDED  SHALL  NOT
   35  CONSTITUTE  A DEBT OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL
   36  OR STATUTORY PROVISION AND SHALL BE DEEMED EXECUTORY ONLY TO THE  EXTENT
   37  OF MONIES AVAILABLE AND THAT NO LIABILITY SHALL BE INCURRED BY THE STATE
   38  BEYOND  THE  MONIES AVAILABLE FOR SUCH PURPOSE, SUBJECT TO ANNUAL APPRO-
   39  PRIATION BY THE LEGISLATURE. ANY SUCH CONTRACT OR ANY PAYMENTS  MADE  OR
   40  TO  BE  MADE  THEREUNDER  MAY  BE  ASSIGNED AND PLEDGED BY THE DORMITORY
   41  AUTHORITY AND THE URBAN DEVELOPMENT  CORPORATION  AS  SECURITY  FOR  ITS
   42  BONDS AND NOTES, AS AUTHORIZED BY THIS SECTION.
   43    S 44. Subdivision 1 of section 17 of part D of chapter 389 of the laws
   44  of  1997,  providing  for  the  financing of the correctional facilities
   45  improvement fund and the youth facility improvement fund, as amended  by
   46  section  43  of part BB of chapter 58 of the laws of 2011, is amended to
   47  read as follows:
   48    1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
   49  notwithstanding the provisions of section 18 of section 1 of chapter 174
   50  of the laws of 1968, the New York state urban development corporation is
   51  hereby  authorized  to  issue  bonds,  notes and other obligations in an
   52  aggregate principal amount not  to  exceed  four  hundred  [twenty-nine]
   53  SIXTY-FIVE  million  [five]  THREE hundred [fifteen] SIXTY-FIVE thousand
   54  dollars [($429,515,000)] ($465,365,000), which  authorization  increases
   55  the  aggregate  principal  amount  of bonds, notes and other obligations
   56  authorized by section 40 of chapter 309 of the laws of 1996,  and  shall
       S. 6355                            78                            A. 8555
    1  include  all bonds, notes and other obligations issued pursuant to chap-
    2  ter 211 of the laws of 1990, as amended or supplemented. The proceeds of
    3  such bonds, notes or other obligations shall be paid to the  state,  for
    4  deposit  in the youth facilities improvement fund, to pay for all or any
    5  portion of the amount or amounts paid by the state  from  appropriations
    6  or  reappropriations  made to the office of children and family services
    7  from the youth facilities improvement fund  for  capital  projects.  The
    8  aggregate  amount of bonds, notes and other obligations authorized to be
    9  issued pursuant to this section shall  exclude  bonds,  notes  or  other
   10  obligations  issued  to  refund or otherwise repay bonds, notes or other
   11  obligations theretofore issued, the proceeds of which were paid  to  the
   12  state  for  all  or  a portion of the amounts expended by the state from
   13  appropriations or reappropriations made to the office  of  children  and
   14  family  services;  provided,  however,  that  upon any such refunding or
   15  repayment the total aggregate principal  amount  of  outstanding  bonds,
   16  notes  or  other  obligations  may be greater than four hundred [twenty-
   17  nine] SIXTY-FIVE million [five] THREE hundred [fifteen] SIXTY-FIVE thou-
   18  sand dollars [$429,515,000] ($465,365,000), only if the present value of
   19  the aggregate debt service of the refunding or repayment bonds, notes or
   20  other obligations to be issued shall not exceed the present value of the
   21  aggregate debt service of the bonds, notes or other obligations so to be
   22  refunded or repaid. For the purposes hereof, the present  value  of  the
   23  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  45.  Subdivision 3 of section 1285-q of the public authorities law,
   36  as added by section 6 of part I of chapter 1 of the  laws  of  2003,  is
   37  amended to read follows:
   38    3.  The  maximum amount of bonds that may be issued for the purpose of
   39  financing hazardous waste site remediation  projects  AND  ENVIRONMENTAL
   40  RESTORATION  PROJECTS  authorized  by  this section shall not exceed one
   41  billion [two] THREE hundred million dollars and  shall  not  exceed  one
   42  hundred  twenty million dollars for appropriations enacted for any state
   43  fiscal year, provided that the bonds not issued for such  appropriations
   44  may  be  issued  pursuant to reappropriation in subsequent fiscal years.
   45  [No bonds shall be issued for the repayment  of  any  new  appropriation
   46  enacted  after  March  thirty-first, two thousand thirteen for hazardous
   47  waste site remediation projects authorized  by  this  section.]  Amounts
   48  authorized  to  be  issued  by  this section shall be exclusive of bonds
   49  issued to fund any debt service reserve funds, pay costs of issuance  of
   50  such bonds, and bonds or notes issued to refund or otherwise repay bonds
   51  or  notes  previously  issued.  Such  bonds and notes of the corporation
   52  shall not be a debt of the state, and the  state  shall  not  be  liable
   53  thereon,  nor  shall  they  be payable out of any funds other than those
   54  appropriated by this state to  the  corporation  for  debt  service  and
   55  related  expenses pursuant to any service contracts executed pursuant to
       S. 6355                            79                            A. 8555
    1  subdivision one of this section, and such bonds and notes shall  contain
    2  on the face thereof a statement to such effect.
    3    S  46.  Paragraph  b  of  subdivision 2 of section 9-a of section 1 of
    4  chapter 392 of the laws of 1973, constituting the New York state medical
    5  care facilities finance agency act, as amended by section 49-c  of  part
    6  PP of chapter 56 of the laws of 2009, is amended to read as follows:
    7    b.  The  agency shall have power and is hereby authorized from time to
    8  time to issue negotiable bonds and notes in conformity  with  applicable
    9  provisions  of  the uniform commercial code in such principal amount as,
   10  in the opinion of the agency, shall  be  necessary,  after  taking  into
   11  account  other moneys which may be available for the purpose, to provide
   12  sufficient funds to  the  facilities  development  corporation,  or  any
   13  successor agency, for the financing or refinancing of or for the design,
   14  construction, acquisition, reconstruction, rehabilitation or improvement
   15  of  mental  health  services  facilities pursuant to paragraph a of this
   16  subdivision, the payment of interest on mental health services  improve-
   17  ment  bonds and mental health services improvement notes issued for such
   18  purposes, the establishment of reserves to secure such bonds and  notes,
   19  the  cost  or  premium  of  bond insurance or the costs of any financial
   20  mechanisms which may be used to reduce the debt service  that  would  be
   21  payable  by the agency on its mental health services facilities improve-
   22  ment bonds and notes and all other expenditures of the  agency  incident
   23  to  and  necessary or convenient to providing the facilities development
   24  corporation, or any successor agency, with funds for  the  financing  or
   25  refinancing of or for any such design, construction, acquisition, recon-
   26  struction, rehabilitation or improvement and for the refunding of mental
   27  hygiene improvement bonds issued pursuant to section 47-b of the private
   28  housing  finance law; provided, however, that the agency shall not issue
   29  mental health services facilities improvement bonds  and  mental  health
   30  services  facilities  improvement notes in an aggregate principal amount
   31  exceeding seven billion [three]  FOUR  hundred  [sixty-six]  THIRTY-FIVE
   32  million  [six]  EIGHT hundred FIFTEEN thousand dollars, excluding mental
   33  health services facilities improvement bonds and mental health  services
   34  facilities  improvement notes issued to refund outstanding mental health
   35  services facilities improvement bonds and mental health services facili-
   36  ties improvement notes; provided, however, that upon any such  refunding
   37  or  repayment  of  mental  health  services facilities improvement bonds
   38  and/or mental health services facilities  improvement  notes  the  total
   39  aggregate principal amount of outstanding mental health services facili-
   40  ties  improvement  bonds  and mental health facilities improvement notes
   41  may be greater than seven billion [three] FOUR hundred [sixty-six] THIR-
   42  TY-FIVE million [six] EIGHT hundred FIFTEEN thousand  dollars  only  if,
   43  except  as  hereinafter  provided with respect to mental health services
   44  facilities bonds and mental health services facilities notes  issued  to
   45  refund mental hygiene improvement bonds authorized to be issued pursuant
   46  to  the  provisions  of section 47-b of the private housing finance law,
   47  the present value of the aggregate debt  service  of  the  refunding  or
   48  repayment  bonds  to be issued shall not exceed the present value of the
   49  aggregate debt service of the  bonds  to  be  refunded  or  repaid.  For
   50  purposes hereof, the present values of the aggregate debt service of the
   51  refunding  or  repayment  bonds,  notes  or other obligations and of the
   52  aggregate debt service of the  bonds,  notes  or  other  obligations  so
   53  refunded  or  repaid,  shall  be  calculated  by utilizing the effective
   54  interest rate of the refunding or repayment bonds, notes or other  obli-
   55  gations, which shall be that rate arrived at by doubling the semi-annual
   56  interest  rate (compounded semi-annually) necessary to discount the debt
       S. 6355                            80                            A. 8555
    1  service payments on the refunding or repayment  bonds,  notes  or  other
    2  obligations  from  the payment dates thereof to the date of issue of the
    3  refunding or repayment bonds, notes or  other  obligations  and  to  the
    4  price  bid  including estimated accrued interest or proceeds received by
    5  the authority including estimated accrued interest from the sale  there-
    6  of.  Such  bonds,  other  than bonds issued to refund outstanding bonds,
    7  shall be scheduled to mature over a  term  not  to  exceed  the  average
    8  useful  life, as certified by the facilities development corporation, of
    9  the projects for which the bonds are issued, and in any case  shall  not
   10  exceed  thirty  years  and the maximum maturity of notes or any renewals
   11  thereof shall not exceed five years from the date of the original  issue
   12  of such notes. Notwithstanding the provisions of this section, the agen-
   13  cy  shall have the power and is hereby authorized to issue mental health
   14  services facilities improvement  bonds  and/or  mental  health  services
   15  facilities  improvement  notes  to  refund  outstanding  mental  hygiene
   16  improvement bonds authorized to be issued pursuant to the provisions  of
   17  section  47-b of the private housing finance law and the amount of bonds
   18  issued or outstanding for  such  purposes  shall  not  be  included  for
   19  purposes  of  determining  the  amount  of bonds issued pursuant to this
   20  section. The director of the budget shall allocate the aggregate princi-
   21  pal authorized to be issued by the agency among  the  office  of  mental
   22  health, office [of mental retardation and] FOR PEOPLE WITH developmental
   23  disabilities, and the office of alcoholism and substance abuse services,
   24  in  consultation with their respective commissioners to finance bondable
   25  appropriations previously approved by the legislature.
   26    S 47. This act shall take effect immediately and shall  be  deemed  to
   27  have  been in full force and effect on and after April 1, 2014; provided
   28  that sections one through nine, and sections thirteen  through  nineteen
   29  of  this  act  shall  expire  March  31,  2015, when upon such date, the
   30  provisions of such sections shall be deemed repealed.
   31    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
   32  sion, section or part of this act shall be  adjudged  by  any  court  of
   33  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   34  impair, or invalidate the remainder thereof, but shall  be  confined  in
   35  its  operation  to the clause, sentence, paragraph, subdivision, section
   36  or part thereof directly involved in the controversy in which such judg-
   37  ment shall have been rendered. It is hereby declared to be the intent of
   38  the legislature that this act would  have  been  enacted  even  if  such
   39  invalid provisions had not been included herein.
   40    S  3.  This  act shall take effect immediately provided, however, that
   41  the applicable effective date of Parts A through I of this act shall  be
   42  as specifically set forth in the last section of such Parts.