A06940 Summary:

BILL NOA06940B
 
SAME ASNo same as
 
SPONSORSilver (MS)
 
COSPNSRKaufman, Pheffer, Vitaliano, Weinstein, Sanders, Eve, Gottfried, Grannis
 
MLTSPNSRAubry, Bea, Boyland, Brennan, Brodsky, Cahill, Canestrari, Christensen, Clark, Cohen A, Cohen M,Colman, Connelly, Cook, Cymbrowitz, Davis, Denis, DiNapoli, Dinowitz, Englebright, Espaillat,Farrell, Galef, Gantt, Glick, Green, Greene, Griffith, Harenberg, Higgins, Hill Hooper, Hochberg,Hoyt, Jacobs, John, Klein, Lafayette, Lentol, Luster, Matusow, Mayersohn, McEneny, McLaughlin,Millman, Morelle, Nolan, Norman, Ortiz, Perry, Pretlow, Ramirez, Rhodd-Cummings, Rivera,Scarborough, Seddio, Sidikman, Stringer, Sweeney, Tocci, Tonko, Towns, Vann, Weisenberg, Weprin,
 
Rpld S14-106, rpld S14-114 subs 3 & 10, amd El L, generally; add S92-y, St Fin L; amd S658, TaxL; amd SS1-c & 1-n, add S1-m-1, Leg L
 
Enacts "campaign financing reform act of 2000" to reform electoral campaign financing and to facilitate voter registration, provides for optional partial public financing of certain election campaigns in this state and for contribution limitations and local campaign finance disclosure applicable to candidates for the office of mayor, public advocate, comptroller and borough president in the city of New York; limits participation in fund raisers during a legislative session.
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A06940 Actions:

BILL NOA06940B
 
03/15/1999referred to election law
03/23/1999reported referred to codes
05/11/1999reported referred to ways and means
05/25/1999reported referred to rules
06/01/1999rules report cal.399
06/01/1999ordered to third reading rules cal.399
06/03/1999passed assembly
06/03/1999delivered to senate
06/03/1999REFERRED TO RULES
01/05/2000DIED IN SENATE
01/05/2000RETURNED TO ASSEMBLY
01/05/2000committed to rules
01/10/2000amend (t) and recommit to rules
01/10/2000print number 6940a
01/13/2000amend and recommit to rules 6940b
01/18/2000rules report cal.1
01/18/2000ordered to third reading rules cal.1
01/18/2000passed assembly
01/18/2000delivered to senate
01/18/2000REFERRED TO ELECTIONS
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A06940 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6940B
 
SPONSOR: Silver (MS)
  SUBJECT AND PURPOSE: To provide optional public financing of campaigns for Statewide offices, and State legislative offices; and to provide any locality with a popu- lation over 100,000 with an option to request the legislation for public financing of local campaigns.   SUMMARY OF DESCRIPTION OF PROVISIONS: The bill amends Article 14 of the election law to add a new Title II providing for public financing of primary and general election campaigns for Statewide office and State Legislative office. It also adds a new Title III to provide an option for localities to adopt public financing for local races. The principal components of the public financing system are outlined below. 1. To be eligible for public financing, a candidate for nomination or election must satisfy the legal requirements for having his or her name on the ballot, elect to participate in the public financing system, file required statements and meet the threshold for eligibility. The eligibility threshold in a primary or general election is as follows: Governor: Not less than $225,000 in matchable contributions, including at least 1000 contributions in the amount of $10 or more. Lt. Governor (primary only), Attorney Gen. & Comptroller: Not less than $75,000 in matchable contributions, including at least 500 contributions of $10 or more. Senate: Not less than $7,500 in matchable contributions including at least 25 contributions of $10 or more. Assembly: Not less than $5,000 in matchable contributions, including at least 25 contributions of $10 or more. "Matchable contributions" consist of the net amount of contributions after deduction of the value of any food, drink or entertainment provided in exchange for the contribution. Only contributions from persons who reside in New York State are matchable. Contributions from persons who receive payments or things of value from a campaign or who are associated with any entity which receives any such payment or thing of value, are not matchable. Contributions are matched at the rate of $1 for every $1 net contrib- utions up to a maximum of $500 for any one contribution. If, however, a candidate who does not elect to receive public funds spends more than one-third of the expenditure limit for such office, or $250,000 of his own money, a publicly funded candidate for such office may receive $2 for each $1 in matchable contribution. Contributions received before the effective date of this act may be used only to the extent that they do not exceed the contribution limits fixed by this bill. If, however, a candidate who does not elect to receive public funds spends more than one-third of the expenditure limit for such office, or $250,000 of his/her own money, a publicly funded candi- date for such office may use all contributions raised before the effec- tive date of this act. Candidates who do not elect to receive public funds cannot accept contributions any earlier than one year before the first day to circu- late designating petitions for that office. To receive public funds for a primary election, a candidate must agree to receive public funding for the general election. Candidates who are unopposed in a primary election may not receive public funds unless there is a contest in the primary for at least one other party for such office, in which event they shall be allowed up to 50 cents for each $1 in matchable contributions. Candidates who are challenged in a primary and who do not seek public funds are not eligible for public funds for the general election, nor are candidates who are unopposed in a general or special election. Public funds may be used only for expenditures during the calendar year of the primary or general election for services, material, facilities or other things of value used in that year. They may not be used for expenditures for non-campaign related food, drink or entertainment, expenditures made to challenge an opponent's petitions, or payments to a candidate or to a relative of the candidate or to any business entity of which such a person is an officer or employee or has a ten percent or greater ownership interest or for gifts. 2. Contribution Limits: The following contribution limits apply to all contributions for offices for which public funds are available. Statewide: $4,000 Senate: $1,500 Assembly: $1,500 The bill adds the following limits on party contributions in general or special elections to candidates for offices for which public funds are available. Candidates who have Candidates who have opted to accept opted not to accept   PUBLIC FUNDS PUBLIC FUNDS Gov. and Lt. Gov $700,000 $350,000 Att. Gen or Comp. $250,000 $125,000 State Sen. $50,000 $30,000 State Assem. $25,000 $15,000 If, however, a candidate who does not elect to receive public funds spends more than one-third of the expenditure limit for such office, or $250,000 of his own money, a publicly funded candidate for such office may accept twice the contribution limit for the office from each contributor. Contribution limits will be adjusted to the nearest $100 every four years to reflect changes in the cost of living. Under current law, the contribution limits are as follows: Statewide Office: 1/2 cent per enrolled voter for primary (approx. $20,000) and 1/2 cent per registered for general election (approx. $40,000) Senate: $4,000 for a primary $6,250 for a general election Assembly: $2,500 for a primary or a general election Other Offices: (1) 5 cents per enrolled voter for primary (2) 5 cents per registered voter up to $50,000 for general election Candidates who have not opted to accept public funds and their commit- tees may not accept contributions earlier than one year before the first day for circulating designating petitions or later than the last day of the calendar year when the election is held, except to the extent neces- sary to satisfy a deficit. 3. Expenditure Limits: The following expenditure limits apply to all candidates who receive public funding.   GENERAL ELECTION   PRIMARY Governor $7,000,000 75 cents per enrolled voter or $500,000, whichever is more, but not to exceed $2,500,000 Lt. Governor --- 75 cents per enrolled voter or $150,000, whichever is more, but not to exceed $1,250,000 Attorney General & $2,500,000 Same as Lt. Governor Comptroller State Senator $150,000 $1.75 per enrolled voter or $30,000, whichever is more, but not to exceed $150,000 Member of Assembly $75,000 $1.75 per enrolled voter or $15,000, whichever is more, but not to exceed $75,000 If a candidate who does not accept public funding spends more than one- third the expenditure limit for such office, or $250,000 of his own money, there shall be no expenditure limit for publicly funded candi- dates for such office. Expenditure limits will be adjusted to the nearest $1,000 every four years to reflect changes in the cost of living. 4. Tax Check-Off: The bill provides an income tax check-off provision of $3. Such monies would be paid into a separate fund, known as the New York State election campaign fund, in the joint custody of the Comptroller and the Commis- sioner of Taxation and Finance, for payment to candidates on the audit and warrant of the Comptroller on vouchers certified or approved by the New York State Board of Elections. If, in any fiscal year, the state election campaign fund lacks the money to pay all properly vouchered and certified claims, the deficiency will be paid from the general fund upon audit and warrant of the Comptroller. If the surplus in the fund, on April first of the year following the election of a Governor, exceeds twenty-five percent of the disbursements from the fund in the previous four years, the excess shall revert to the general fund. The check off will be adjusted every four years to the nearest fifty cents to reflect changes in the cost of living. 5. Penalties: The bill provides that failure to file a statement or record required by Title II of Article 14 or implementing rules or regulations of the State Board. If such failure to file is knowing and willful, it is punishable as a class A misdemeanor. The bill also punishes as a class A misdemeanor conduct by any person who knowingly and willfully violates the public campaign financing provisions or participates in contributions or expenditures which exceed legal maximums, fails to furnish required information or furnishes false information. The bill provides that all prosecutions under this section shall be instituted by the state board and conducted by the attorney general and that the attorney general may delegate his prosecutorial authority to the state board. In addition, the bill provides that, if a candidate's aggregate expendi- tures exceed the expenditure limitations, the candidate is liable for a civil penalty in an amount equal to three times the amount of the excess. 6. Public Financing of Local Offices: The bill authorizes the legislative body of a county, city or town with a population of more than 100,000 to request approval of public campaign financing law for local elections. The request becomes effective upon passage by both houses of the legislature and approval by the governor. The legislature is required to act within sixty days after receipt of the request. However, the bill provides that nothing in this section shall be construed as limiting any authority which its locality had prior to the enactment of the legislation. 7. Other changes in the Campaign Finance Laws: The contribution limit for party committees is reduced from $76,500 to $7,500.   EXISTING LAW: Current law does not provide for public financing of any election campaigns and in the absence of such public funding, it is unconstitu- tional to limit aggregate campaign expenditures or personal expenditures by a candidate. While the law limits the amount of individual contrib- utions, the current formulas permit large contributions. 8. Albany Fundraiser Ban: The bill would prohibit fundraisers within 40 miles of the Capitol during the Albany legislative session. An exception would be made for fundraisers held by candidates whose districts were located within the 40-mile radius, provided such events were held on non-session says.   EFFECTIVE DATE: The year 2000 for the check-off. The year 2002 for statewide elections. The year 2002 for legislative elections. Immediately for the other provisions.   LEGISLATIVE HISTORY: 1997-98 (A.4509-a), 1996-95 (A5051a), 1994 (A10866), 1993 (A7700), 1992 (A9354a), 1991 (A3079), 1990 (189c), 1989 (A189b), 1987-88 (A6809), 1985-86 (A3663), 1983-84 (A6969), 198 1-82 (A4764), 1979 (A7345)   ARGUMENTS IN SUPPORT: This public campaign-financing bill is similar to legislation, which has been passed by the Assembly for many years. It provides a comprehensive public financing scheme with effective limita- tions on expenditures and contribution receipts. Public campaign- financing will assist in assuring that campaigns are free from impropriety, special privilege and unwarranted obligations, as well as from the appearance of such evils. It also will relieve eligible candidates of the onerous and time consuming burden of raising private contributions and enable them to devote their time and efforts to a full exposition of the issues, thereby benefiting the voters of the State.   FISCAL IMPLICATIONS: The amount which will be paid into the election campaign fund from the tax check-off is estimated at approximately $7 million a year, which should be more than adequate to meet the cost of this program which is estimated to be $25 million over a four year campaign cycle.
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A06940 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6940--B
 
                               1999-2000 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 15, 1999
                                       ___________
 
        Introduced  by  M. of A. SILVER, KAUFMAN, PHEFFER, VITALIANO, WEINSTEIN,
          SANDERS, EVE, GOTTFRIED, GRANNIS -- Multi-Sponsored by  --  M.  of  A.
          AUBRY,  BEA,  BOYLAND, BRENNAN, BRODSKY, CAHILL, CANESTRARI, CHRISTEN-
          SEN, CLARK,  M. COHEN,  COLMAN,  CONNELLY,  COOK,  CYMBROWITZ,  DAVIS,
          DENIS,  DiNAPOLI,  DINOWITZ,  ENGLEBRIGHT,  ESPAILLAT, FARRELL, GALEF,

          GANTT, GLICK, GREEN, GREENE, GRIFFITH, HARENBERG, HIGGINS,  HILL HOOP-
          ER,  HOCHBERG,  HOYT,  JACOBS, JOHN, KLEIN, LAFAYETTE, LENTOL, LUSTER,
          MATUSOW, MAYERSOHN,  McENENY,  McLAUGHLIN,  MILLMAN,  MORELLE,  NOLAN,
          NORMAN,  ORTIZ, PERRY, PRETLOW, RAMIREZ, RHODD-CUMMINGS, RIVERA, SCAR-
          BOROUGH, SEDDIO, SIDIKMAN, STRINGER,  SWEENEY,  TOCCI,  TONKO,  TOWNS,
          VANN,  WEISENBERG,  WEPRIN,  WRIGHT  --  read once and referred to the
          Committee on Election Law -- recommitted to the Committee on Rules  in
          accordance with Assembly Rule 3, sec. 2 -- Rules Committee discharged,
          bill  amended,  ordered  reprinted  as  amended and recommitted to the
          Committee on Rules -- again reported from said committee  with  amend-
          ments, ordered reprinted as amended and recommitted to said committee
 
        AN  ACT to amend the election law, in relation to enacting the "campaign

          financing reform act of 2000"; to amend the election  law,  the  state
          finance  law  and  the  tax law, in relation to providing for optional
          partial public financing of certain election campaigns in  this  state
          and for contribution limitations and local campaign finance disclosure
          applicable  to  candidates  for  the office of mayor, public advocate,
          comptroller and borough president in the city of New  York;  to  amend
          the  election  law,  in  relation  to  identification of the source of
          certain political communications; and to amend the legislative law, in
          relation to participation in fundraisers during a legislative session;
          repealing section 14-106 of the election law relating to filing  of  a
          copy of political advertisements and literature; repealing subdivision
          3  of section 14-114 of the election law relating to excluding a party

          or constituted committee supporting the candidate from the  definition
          of  the  term  "contributor";  and repealing subdivision 10 of section
          14-114 of the election law relating to prohibiting contributions to  a
          party  or  constituted  committee which exceed sixty-two thousand five
          hundred dollars per annum in the aggregate
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08564-07-0

        A. 6940--B                          2
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This act shall be known and may be cited as the "campaign
     2  financing reform act of 2000".

     3    § 2. Legislative findings and declaration. The legislature finds  that
     4  it  is  vitally  important  to  democratic  government  in this state to
     5  prevent corruption, special privileges,  and  favoritism  in  connection
     6  with   the   financing  and  other  operations  of  statewide  political
     7  campaigns, as well as the appearance of these abuses, and to create  and
     8  ensure  a  truly democratic political system in which citizens irrespec-
     9  tive of their income, status, or financial connections are  enabled  and
    10  encouraged  to  compete for public office. The legislature further finds
    11  that to achieve the attainment of the above-mentioned objectives a meas-
    12  ure of public financing for all qualified candidates for state  elective
    13  offices is required.
    14    Therefore,  the legislature declares that it is in the public interest

    15  and a valid public purpose to provide public funds for public  financing
    16  for all qualified candidates for state and local elective office.
    17    §  3. The article heading of article 14 of the election law is amended
    18  to read as follows:
    19             CAMPAIGN RECEIPTS AND EXPENDITURES; PUBLIC FINANCING
    20    § 4. Sections 14-100 through 14-130 of article 14 of the election  law
    21  are  designated  title  I  and  a  new title heading is added to read as
    22  follows:
    23                     CAMPAIGN RECEIPTS AND EXPENDITURES
    24    § 5. Article 14 of the election law  is  amended  by  adding  two  new
    25  titles II and III to read as follows:
    26                                   TITLE II
    27                           STATE PUBLIC FINANCING
    28  Section 14-200. Definitions.
    29          14-202. Eligibility.

    30          14-204. Qualified campaign expenditures.
    31          14-206. Optional public financing.
    32          14-208. Contribution and receipt limitations.
    33          14-210. Expenditure limitations.
    34          14-212. Examinations and audits; repayments.
    35          14-214. Penalties.
    36          14-216. Civil penalties.
    37    §  14-200.  Definitions. As used in this title, unless another meaning
    38  is clearly indicated:
    39    1. The term "state board" shall mean the state board of elections.
    40    2. The term "eligible candidate" shall mean a candidate for nomination
    41  or election to any of the  offices  of  governor,  lieutenant  governor,
    42  comptroller, attorney general, member of the legislature, at-large dele-

    43  gate  to a constitutional convention or district delegate to a constitu-
    44  tional convention who meets the requirements for eligibility in  section
    45  14-202 of this title.
    46    3.  The  term "matchable contributions" shall mean that portion of the
    47  aggregate contributions made after the effective date of this  title  by
    48  natural  persons  resident  in  the state of New York to a candidate for
    49  nomination or election to any of the offices covered by  the  provisions
    50  of  this title which do not exceed five hundred dollars, which have been
    51  reported in full by the candidate's authorized committee  to  the  state
    52  board,  including  the  contributor's  full name and residential address
    53  and, with respect to contributions of more than fifty dollars, the  name

        A. 6940--B                          3
 
     1  and  address  of  the  contributor's employer. "Matchable contributions"
     2  shall be the net amount of  any  monetary  contribution  realized  by  a
     3  candidate  or  designated committee after deducting the reasonable value
     4  of any goods or services provided the contributor in connection with the
     5  contribution, except that contributions from any person who has received
     6  a  payment or anything of value from such committee or from a person who
     7  is an officer, director or employee of,  or  a  person  who  has  a  ten
     8  percent  or  greater ownership interest in any entity which has received
     9  such a payment or thing of value shall not be matchable.  A loan may not

    10  be treated as a matchable contribution. For purposes  of  this  subdivi-
    11  sion,  a "contributor" shall be deemed to include the spouse and uneman-
    12  cipated children of any individual contributor.
    13    4. The term "qualified campaign expenditure" shall mean an expenditure
    14  for which public funds may be used.
    15    5. The term "fund" shall mean the New  York  state  election  campaign
    16  fund.
    17    6. The term "threshold for eligibility" shall mean the amount of total
    18  matchable  contributions  that  the authorized committee of an otherwise
    19  eligible candidate for election to statewide  office  or  to  the  state
    20  legislature must receive in order to qualify for optional public financ-
    21  ing pursuant to this title.

    22    § 14-202. Eligibility. 1. To be eligible for optional public financing
    23  under this title, a candidate for nomination or election must:
    24    (a)  Meet all the requirements of this chapter and other provisions of
    25  law to have his or her name on the ballot;
    26    (b) Be a candidate for statewide  office,  the  state  legislature  or
    27  delegate to a constitutional convention at a primary, general or special
    28  election and meet the threshold for eligibility set forth in subdivision
    29  two of this section;
    30    (c)  Elect  to  participate  in  the public funding provisions of this
    31  title not later than seven days after the last day to  file  designating
    32  petitions  for the office such candidate is seeking or, in the case of a

    33  special election, not  later  than  the  last  day  to  file  nominating
    34  petitions for such office;
    35    (d) Agree to obtain and furnish to the state board any evidence it may
    36  reasonably  request  relating  to  his  or  her campaign expenditures or
    37  contributions and furnish such other proof of compliance with this title
    38  as may be requested by the state board;
    39    (e) Have a single authorized  political  committee  which  he  or  she
    40  certifies  as  the  authorized committee for the purposes of this title;
    41  and
    42    (f) Agree to identify accurately in all campaign materials the  person
    43  or entity that paid for such campaign material.
    44    2.  The threshold for eligibility for public funding for candidates in

    45  a primary, general or special election for the following  offices  shall
    46  be:
    47    (a)  Governor  in  a  primary  or  general election. Not less than two
    48  hundred twenty-five thousand dollars in matchable contributions  includ-
    49  ing  at  least  one  thousand  such  contributions  in the amount of ten
    50  dollars or more or half the expenditure limit, whichever is less.
    51    (b) Lieutenant governor in  a  primary  election  and  comptroller  or
    52  attorney general in a primary or general election.  Not less than seven-
    53  ty-five  thousand  dollars in matchable contributions including at least
    54  five hundred such contributions of ten  dollars  or  more  or  half  the
    55  expenditure limit, whichever is less.


        A. 6940--B                          4
 
     1    (c)  At-large  delegate to a constitutional convention in a primary or
     2  general election. Not less than seven thousand five hundred  dollars  in
     3  matchable  contributions  including at least fifty such contributions of
     4  ten dollars or more or half the expenditure limit, whichever is less.
     5    (d)  Members  of  the  state  senate  in a primary, general or special
     6  election. Not less than seven thousand five hundred dollars in matchable
     7  contributions including at least twenty-five such contributions  of  ten
     8  dollars  or  more from residents of the district in which the seat is to
     9  be filled or half the expenditure limit, whichever is less.
    10    (e) District delegate to a constitutional convention in a  primary  or

    11  general  election.  Not  less  than two thousand five hundred dollars in
    12  matchable contributions including at  least  twenty-five  such  contrib-
    13  utions  of  ten  dollars or more from residents of the district in which
    14  the seat is to be filled or half the  expenditure  limit,  whichever  is
    15  less.
    16    (f) Members of the assembly in a primary, general or special election.
    17  Not less than five thousand dollars in matchable contributions including
    18  at  least  twenty-five  such  contributions  of ten dollars or more from
    19  residents of the district in which the seat is to be filled or half  the
    20  expenditure limit, whichever is less.
    21    3.  In  order  to  be  eligible  to  receive public funds in a primary

    22  election a candidate must agree, that in the event such candidate  is  a
    23  candidate  for  such  office  in the general election in such year, that
    24  such candidate will be bound by the provisions of this title, including,
    25  but not limited to, the receipt and expenditure limits of this title.
    26    4. Candidates who are contested in a primary election and who  do  not
    27  seek public funds shall not be eligible for public funds for the general
    28  election  in  that  year.  The  provisions of this subdivision shall not
    29  apply to candidates for the office of lieutenant governor.
    30    5. Candidates who are unopposed in a general or special election shall
    31  not be eligible to receive public funds.
    32    6. No candidate for election to an office in  a  primary,  general  or

    33  special  election  who has qualified for public funds shall receive such
    34  public funds unless at least one other candidate for such office in such
    35  election also qualified to receive public funds or at  least  one  other
    36  candidate  for such office in such election and such candidate's author-
    37  ized committee have spent, or contracted or obligated to spend, or  have
    38  received  in  loans  or contributions an amount exceeding ten percent of
    39  the expenditure limit for such office in such election which is fixed by
    40  this title for candidates who have elected to accept such public  funds.
    41  If a candidate for an office and the authorized committee of such candi-
    42  date reaches the threshold to qualify to receive public funds, or spends

    43  or  contracts  or  obligates  to spend, or receives in loans or contrib-
    44  utions, an amount exceeding ten percent of  the  expenditure  limit  for
    45  such  office  in such election at any time after the filing deadline for
    46  the last report required to be filed before the  first  distribution  of
    47  public  funds for such election, such candidate or committee must notify
    48  the state board of that fact within forty-eight hours by express mail.
    49    § 14-204. Qualified campaign expenditures. 1.  Public  funds  provided
    50  under  the provisions of this title may only be used for expenditures by
    51  any one committee authorized by the candidate to  make  expenditures  on
    52  such  candidate's  behalf,  to  further  the  candidate's  nomination or

    53  election during the calendar  year  in  which  the  primary  or  general
    54  election  in which the candidate seeking nomination or election is held,
    55  for services, materials, facilities or other things of value used during
    56  that year or in the case of a special election for  expenditures  during

        A. 6940--B                          5
 
     1  the  period  commencing  three  months before and ending one month after
     2  such special election. The total of all expenditures made by the  candi-
     3  date  and  such  candidate's authorized committee including all payments
     4  received  from  the  fund  shall  not exceed the expenditure limitations
     5  established in section 14-210 of this  title,  except  insofar  as  such

     6  payments are made to repay loans used to pay campaign expenditures.
     7    2. Such public funds may not be used for:
     8    (a)  An expenditure in violation of any law of the United States or of
     9  this state;
    10    (b) Payments or anything of value given or made to  the  candidate,  a
    11  relative  of  the  candidate,  or to a business entity in which any such
    12  person has a ten percent or greater ownership interest or of  which  any
    13  such person is an officer, director or employee;
    14    (c) Payment in excess of the fair market value of services, materials,
    15  facilities or other things of value received in exchange;
    16    (d)  Any  expenditure  made after the candidate, or the only remaining

    17  opponent of the candidate, has been disqualified or had such candidate's
    18  petitions declared invalid by a board of elections or a court of  compe-
    19  tent  jurisdiction until and unless such finding is reversed by a higher
    20  authority. This paragraph shall not apply to  a  candidate  entitled  to
    21  expend  public  funds pursuant to the provisions of subdivision three of
    22  section 14-206 of this title;
    23    (e) Any expenditure made to challenge the validity of any petition  of
    24  designation  or nomination or any certificate of nomination, acceptance,
    25  authorization, declination or substitution;
    26    (f) Expenditure for noncampaign related food, drink or  entertainment;
    27  and
    28    (g) Gifts, except brochures, buttons, signs and other campaign materi-

    29  al.
    30    §  14-206. Optional public financing. 1. Eligible candidates for nomi-
    31  nation or election in primary, general and special elections may  obtain
    32  payment  to  authorized  committees  from  public  funds  for  qualified
    33  campaign expenditures. No such public funds shall be paid to an  author-
    34  ized  committee  until the candidate has qualified as an eligible candi-
    35  date and filed a sworn  statement  with  the  state  board  electing  to
    36  receive  public  funds and agreeing to abide by the requirements of this
    37  title.  Payments shall not exceed the amounts specified in  this  title,
    38  and  shall be made only in accordance with the provisions of this title.
    39  Such payments may only be made to  an  eligible  candidate's  authorized

    40  committee.  No  public  funds  shall  be used except as reimbursement or
    41  payment  for  qualified  campaign  expenditures  actually  and  lawfully
    42  incurred or to repay loans used to pay qualified campaign expenditures.
    43    2.  (a)  The  authorized committee of each eligible candidate shall be
    44  entitled to payment for qualified campaign expenditures  not  to  exceed
    45  one  dollar  for each one dollar of matchable contributions obtained and
    46  reported to the state board in accordance with the  provisions  of  this
    47  title.
    48    (b)  However, if any candidate in any election for an office for which
    49  public funds are available pursuant to the  provisions  of  this  title,
    50  elects  not  to  accept  such  public  funds  and either, such candidate

    51  spends, or contracts or obligates  to  spend,  or  contributes  to  such
    52  candidate's  authorized  committee an amount exceeding two hundred fifty
    53  thousand dollars of such candidate's personal funds, or if  such  candi-
    54  date  and  such  candidate's  authorized  committee spend or contract or
    55  obligate to spend, or receive  in  loans  or  contributions,  an  amount
    56  exceeding  one-third the expenditure limit for such office fixed by this

        A. 6940--B                          6
 
     1  title for candidates who have elected to accept such public funds,  then
     2  the  authorized  committee  of  each  eligible candidate for such office
     3  shall be entitled to payment for qualified campaign expenditures not  to

     4  exceed two dollars for each such dollar of matchable contributions. If a
     5  candidate  who  elects  not  to  accept  such  public  funds, spends, or
     6  contracts or obligates to spend,  or  contributes  to  such  candidate's
     7  authorized  committee  an  amount  exceeding  two hundred fifty thousand
     8  dollars of such candidate's personal funds, or if such a  candidate  and
     9  the  authorized  committee  of  such a candidate, spends or contracts or
    10  obligates to spend, or receives in loans  or  contributions,  an  amount
    11  exceeding  one-third  the expenditure limit for such office, such candi-
    12  date or committee must notify the state board of the fact within  forty-
    13  eight hours by express mail.

    14    3.  No  candidate  for  nomination for an office who is unopposed in a
    15  primary election shall be entitled to payment from the fund  for  quali-
    16  fied  campaign  expenditures,  unless there is a contest in such primary
    17  for the nomination of at least one other party for  such  office.  Where
    18  there is such a contest, the authorized committee of an unopposed candi-
    19  date  for nomination may receive one-half the payment provided in subdi-
    20  vision two of this section, provided that such candidate otherwise qual-
    21  ifies pursuant to the provisions of this title. Such payment can only be
    22  expended for property, services or facilities used on or before the date
    23  of such primary.
    24    4. The total payments from the fund received by the authorized commit-

    25  tee of any candidate, when added to the total of contributions  received
    26  by  such  candidate  and  such candidate's authorized committee, may not
    27  exceed the amount which may be expended by such  candidate  pursuant  to
    28  the provisions of this title.
    29    5. The state board shall promptly examine all reports of contributions
    30  to determine that, on their face, they meet the requirements for matcha-
    31  ble contributions, and shall keep a record of such contributions.
    32    6. The state board shall promulgate regulations for the certification,
    33  for  approval  of  payment  by the New York state election campaign fund
    34  pursuant to section ninety-two-x of the state finance law, of the sum of
    35  public funds that such candidate  has  qualified  to  receive  from  the

    36  election campaign fund. These regulations shall include the promulgation
    37  and distribution of forms on which contributions and expenditures are to
    38  be reported, the periods during which such reports must be filed and the
    39  verification  required.  The  state  board  shall  endeavor to institute
    40  procedures which will make possible payment  by  the  election  campaign
    41  fund  within  four business days after receipt of the required forms and
    42  verifications.
    43    § 14-208. Contribution and receipt  limitations.  1.    The  following
    44  limitations  apply  to  all  contributions  for  those offices for which
    45  public funds are available pursuant to the provisions of this title:
    46    (a) In any primary or general election for a public office to be voted

    47  on by the voters of the entire state, no contributor may make a contrib-
    48  ution to any candidate or authorized  committee,  and  no  candidate  or
    49  authorized  committee  may accept any contribution from any contributor,
    50  which, in the aggregate amount is greater  than  four  thousand  dollars
    51  except  that  for  the public office of delegate at-large to a constitu-
    52  tional convention, such aggregate amount shall not be greater  than  one
    53  thousand  dollars.  Candidates for governor and lieutenant governor in a
    54  general election who have elected to participate in the optional  public
    55  financing  provisions  of  this title may accept from one or more of the
    56  party or constituted committees of all of the parties which  have  nomi-


        A. 6940--B                          7
 
     1  nated  them,  an  amount  which, in the aggregate, does not exceed seven
     2  hundred thousand dollars. Candidates for governor and lieutenant  gover-
     3  nor  who have elected not to participate in such optional public financ-
     4  ing  may  accept  from  such  party  or constituted committees an amount
     5  which, in the aggregate does not exceed  three  hundred  fifty  thousand
     6  dollars.  A  candidate  for attorney general or comptroller in a general
     7  election who has elected to participate in the optional public financing
     8  provisions of this title may accept from one or more  of  the  party  or
     9  constituted  committees  of  all  the  parties which have nominated such
    10  candidates, an amount which, in  the  aggregate,  does  not  exceed  two

    11  hundred  fifty  thousand  dollars.  A  candidate for attorney general or
    12  comptroller who has elected not to participate in such  optional  public
    13  financing may accept from such party or constituted committees an amount
    14  which,  in  the aggregate, does not exceed one hundred twenty-five thou-
    15  sand dollars. A candidate for  delegate  at-large  to  a  constitutional
    16  convention  in  a general election who has elected to participate in the
    17  optional public financing provisions of this title may accept  from  one
    18  or  more of the party or constituted committees of all the parties which
    19  have nominated him an amount which, in the aggregate,  does  not  exceed
    20  twenty-five  thousand  dollars.  A  candidate for delegate at-large to a

    21  constitutional convention who has elected not  to  participate  in  such
    22  optional  public  financing  may  accept  from such party or constituted
    23  committees an amount which, in the aggregate,  does  not  exceed  twelve
    24  thousand five hundred dollars.
    25    (b)  In  any  primary,  general  or special election for member of the
    26  state legislature, no contributor may make a contribution to any  candi-
    27  date  or  authorized committee, and no candidate or authorized committee
    28  may accept any contribution from any contributor, which, in  the  aggre-
    29  gate  amount,  is  greater than one thousand five hundred dollars except
    30  that a candidate for state senator in a general or special election  who

    31  has  elected  to participate in the optional public financing provisions
    32  of this title or such candidate's authorized committee may  accept  from
    33  one or more of the party or constituted committees of all of the parties
    34  which  have  nominated  such candidate, an amount which in the aggregate
    35  does not exceed fifty thousand dollars. A candidate  for  state  senator
    36  who has elected not to participate in such optional public financing may
    37  accept from such party or constituted committees an amount which, in the
    38  aggregate, does not exceed thirty thousand dollars. Such a candidate for
    39  member  of  the assembly who has elected to participate in such optional
    40  public financing or such candidate's  authorized  committee  may  accept

    41  from  such party or constituted committees an amount which in the aggre-
    42  gate does not exceed  twenty-five  thousand  dollars.  A  candidate  for
    43  member  of  the  assembly  who  has  elected  not to participate in such
    44  optional public financing may accept  from  such  party  or  constituted
    45  committees  an  amount  which, in the aggregate, does not exceed fifteen
    46  thousand dollars.
    47    (c) In any primary or general election  for  district  delegate  to  a
    48  constitutional convention, no contributor may make a contribution to any
    49  candidate or authorized committee and no candidate or authorized commit-
    50  tee  may  accept  any  contribution  from  any contributor which, in the
    51  aggregate amount, is greater than five hundred dollars except that  such

    52  a  candidate in a general election who has elected to participate in the
    53  optional public financing provisions of this title or  such  candidate's
    54  authorized committee may accept from one or more of the party or consti-
    55  tuted committees of all the parties which have nominated such candidate,
    56  an  amount  which,  in  the  aggregate,  does  not  exceed five thousand

        A. 6940--B                          8
 
     1  dollars. A candidate for district delegate to a  constitutional  conven-
     2  tion  who has elected not to participate in such optional public financ-
     3  ing may accept from such  party  or  constituted  committees  an  amount
     4  which,  in  the  aggregate,  does  not  exceed two thousand five hundred
     5  dollars.

     6    (d) However, if any candidate in any election for any office for which
     7  public funds are available pursuant to the  provisions  of  this  title,
     8  elects  not  to  accept  such  public  funds  and either, such candidate
     9  spends, or contracts or obligates  to  spend,  or  contributes  to  such
    10  candidate's  authorized  committee an amount exceeding two hundred fifty
    11  thousand dollars of such candidate's personal funds, or if  such  candi-
    12  date  and  such  candidate's  authorized  committee spend or contract or
    13  obligate to spend, or receive  in  loans  or  contributions,  an  amount
    14  exceeding  one-third the expenditure limit for such office fixed by this
    15  title for candidates who have  elected  to  accept  such  public  funds,

    16  contributors  to  those  candidates  for such office who have elected to
    17  receive public funds shall be allowed to contribute and such  candidates
    18  or  authorized  committees shall be allowed to accept contributions from
    19  any contributor, which, in the aggregate, are  twice  the  amount  which
    20  would otherwise be allowed by paragraphs (a), (b) and (c) of this subdi-
    21  vision, whichever is applicable. If a candidate who elects not to accept
    22  such  public  funds,  spends,  or  contracts  or  obligates to spend, or
    23  contributes to his authorized committee an amount exceeding two  hundred
    24  fifty thousand dollars of his personal funds, or if such a candidate and
    25  the  authorized  committee  of  such  a candidate spends or contracts or

    26  obligates to spend, or receives in loans  or  contributions,  an  amount
    27  exceeding  one-third  the expenditure limit for such office, such candi-
    28  date or committee must notify the state board of the fact within  forty-
    29  eight hours by express mail.
    30    (e)  At the beginning of the calendar year two thousand seven and each
    31  fourth calendar year thereafter, the state  board  shall  determine  the
    32  percentage difference between the most recent available monthly consumer
    33  price  index  for  all  urban  consumers  published by the United States
    34  bureau of labor statistics and such consumer price index  published  for
    35  the  same  month  four years previously. The amount of each contribution

    36  limit fixed in this subdivision shall be adjusted by the amount of  such
    37  percentage  difference  to  the closest one hundred dollars by the state
    38  board which, not later than the first day of February in each such year,
    39  shall issue a regulation setting forth the amount of each such  contrib-
    40  ution  limit.  Each  contribution  limit  as  so  adjusted  shall be the
    41  contribution limit in effect for any election held before the next  such
    42  adjustment.
    43    2.  (a) Contributions received before the effective date of this title
    44  may be expended only to the extent that they do not exceed the  contrib-
    45  ution  limits  imposed  by  this  section.  Interest  earned on any such
    46  contributions may be expended only to the extent that such interest  was

    47  earned on contributions which may be expended pursuant to the provisions
    48  of this subdivision.
    49    (b) However, if any candidate in any election for any office for which
    50  public  funds  are  available  pursuant to the provisions of this title,
    51  elects not to accept such public funds and  such  candidate  spends,  or
    52  contracts  or  obligates  to  spend,  or contributes to such candidate's
    53  authorized committee an amount  exceeding  two  hundred  fifty  thousand
    54  dollars  of  such candidate's personal funds, or such candidate and such
    55  candidate's authorized committee spend or contract or obligate to spend,
    56  or receive in loans or contributions, an amount exceeding one-third  the

        A. 6940--B                          9
 

     1  expenditure limit for such office fixed by this title for candidates who
     2  have elected to accept such public funds, candidates for such office who
     3  have  elected  to  receive public funds and the authorized committees of
     4  such  candidates  shall  be allowed to expend all contributions received
     5  before the effective date of this title.
     6    3. (a) A candidate for a public office  for  which  public  funds  are
     7  available pursuant to this title,  or the authorized committee of such a
     8  candidate  who  has  not  elected  to participate in such public funding
     9  provisions of this article,  shall  not  accept  any  contributions  any
    10  earlier  than  one  year  before  the first day to circulate designating

    11  petitions for the office which such candidate is seeking, or  any  later
    12  than  the  end of the calendar year in which the election occurs, except
    13  that a candidate or authorized committee which has a deficit at the  end
    14  of  such  calendar  year  may, after such calendar year, accept contrib-
    15  utions which do not exceed the amount of such deficit and  the  expenses
    16  incurred  in raising such contributions.  Contributions to such a candi-
    17  date or authorized committee which were received  before  the  effective
    18  date  of  this  title  may  not be expended in any election for any such
    19  office.
    20    (b) A candidate for such an office to be filled at a special election,
    21  or the authorized committee of such a candidate who has not  elected  to

    22  participate  in  the  public funding provisions of this title, shall not
    23  accept any contributions any earlier than the date such  office  becomes
    24  vacant  or four months before such special election, whichever is earli-
    25  er, or any later than two months  after  such  election  except  that  a
    26  candidate  or  authorized committee which has a deficit two months after
    27  such election may, after such date, accept contributions  which  do  not
    28  exceed  the  amount of such deficit and the expenses incurred in raising
    29  such contributions.
    30    4. Except for the limitations specifically set forth in this  section,
    31  such  eligible  candidates shall be subject to the provisions of section
    32  14-114 of this article.

    33    § 14-210. Expenditure limitations. 1. The following limitations  apply
    34  to  all expenditures by eligible candidates and their authorized commit-
    35  tees receiving public funds pursuant to the provisions of this title.
    36    2. (a) In any primary election, expenditures  by  eligible  candidates
    37  for  statewide  offices  except  the  office  of  delegate at-large to a
    38  constitutional convention and by their authorized committees  shall  not
    39  exceed  the  sum  of  seventy-five  cents for each voter enrolled in the
    40  candidate's party in the state, expenditures by eligible candidates  for
    41  the  state  legislature  and  by  their  authorized committees shall not
    42  exceed the sum of one dollar  and  seventy-five  cents  for  each  voter

    43  enrolled  in  the candidate's party in the district in which such candi-
    44  date is a candidate, expenditures by eligible candidates for delegate at
    45  large to a constitutional convention and by their authorized  committees
    46  shall  not  exceed  the  sum of ten cents for each voter enrolled in the
    47  candidate's party in the state and expenditures by  eligible  candidates
    48  for  district  delegate  to  a  constitutional  convention  and by their
    49  authorized committees shall not exceed the sum of seventy-five cents for
    50  each voter enrolled in the candidate's party in the  district  in  which
    51  such  candidate  is  a  candidate,  as  determined by the records of the
    52  appropriate board or boards of election as of the last general  election

    53  preceding  the  primary election, or the following amounts, whichever is
    54  greater:
    55    Candidates for nomination to the office of:
    56            Statewide office                   $500,000

        A. 6940--B                         10
 
     1            Delegate at-large
     2              to a constitutional
     3              convention                        $75,000
     4            Member of senate                    $30,000
     5            District delegate
     6              to a constitutional
     7              convention                         $5,000
     8            Member of assembly                  $15,000

     9    However,  such  expenditures shall not exceed two million five hundred
    10  thousand dollars in a primary election for  governor,  one  million  two
    11  hundred  fifty  thousand  dollars  in  a primary election for lieutenant
    12  governor, comptroller or attorney general, one hundred twenty-five thou-
    13  sand dollars in a primary election for delegate at-large to a  constitu-
    14  tional  convention,  one  hundred  fifty  thousand  dollars in a primary
    15  election for member of the senate, thirty thousand dollars in a  primary
    16  election for district delegate to a constitutional convention and seven-
    17  ty-five thousand dollars in a primary election for member of assembly.
    18    (b)  In  any  general  or  special  election, expenditures by eligible

    19  candidates for the following offices and by their authorized  committees
    20  shall not exceed the following amounts:
    21    Candidates for election to the office of:
    22         Governor and lieutenant governor (combined)     $7,000,000
    23         Attorney general                                $2,500,000
    24         Comptroller                                     $2,500,000
    25         Delegate at-large
    26           to a constitutional
    27           convention                                      $250,000
    28         Member of senate                                  $150,000
    29         District delegate
    30           to a constitutional

    31           convention                                       $30,000
    32         Member of assembly                                 $75,000
    33    (c)  However, if any candidate in any election for an office for which
    34  public funds are available pursuant to the  provisions  of  this  title,
    35  elects  not  to  accept  such  public  funds  and either, such candidate
    36  spends, or contracts or obligates  to  spend,  or  contributes  to  such
    37  candidate's  authorized  committee an amount exceeding two hundred fifty
    38  thousand dollars of such candidate's personal funds, or if  such  candi-
    39  date  and  such  candidate's  authorized  committee spend or contract or
    40  obligate to spend, or receive  in  loans  or  contributions,  an  amount

    41  exceeding  one-third  of  the expenditure limit for such office fixed by
    42  paragraph (a) or (b) of this subdivision, whichever is  applicable,  for
    43  candidates  who have elected to accept such public funds, there shall be
    44  no expenditure limit for those  candidates  for  such  office  who  have
    45  elected to receive public funds. If a candidate who elects not to accept
    46  such  public  funds,  spends  or  contracts  or  obligates  to spend, or
    47  contributes to such candidate's authorized committee an amount exceeding
    48  two hundred fifty thousand dollars of such candidate's  personal  funds,
    49  or  if such a candidate and the authorized committee of such a candidate
    50  spends or contracts or obligates to  spend,  or  receives  in  loans  or

    51  contributions,  an  amount  exceeding one-third of the expenditure limit
    52  for such office, such candidate or committee must notify the state board
    53  of that fact within forty-eight hours by express mail.
    54    (d) Candidates for office who are unopposed in  the  primary  election
    55  may  expend  before  the  primary  election,  for services, materials or
    56  facilities used on or before the  date  of  such  primary  election,  an

        A. 6940--B                         11
 
     1  amount  equal to half the sum such candidates would be entitled to spend
     2  if their nomination was contested in such primary election provided that
     3  there is a contest in such primary for the nomination of  at  least  one
     4  other party for such office.

     5    (e) Expenditures for legal fees and expenses to defend the validity of
     6  petitions  of  designation  or nomination or certificates of nomination,
     7  acceptance, authorization, declination or substitution, or to  challenge
     8  successfully,  any  such petition or certificate on grounds of fraud and
     9  for expenses incurred to comply  with  the  campaign  finance  reporting
    10  requirements  of  this  article  shall not be subject to the expenditure
    11  limits of this subdivision.
    12    (f) Notwithstanding any expenditure limit in  this  subdivision,  each
    13  county  committee of any party which nominates a candidate for statewide
    14  office, including within the term county committee any of its subcommit-
    15  tees, may expend in support of each such candidate for statewide  office

    16  of such party who has agreed to accept public financing, an amount which
    17  shall  not exceed the sum of two cents for each voter registered in such
    18  county as  determined  by  the  records  of  the  appropriate  board  of
    19  elections as of the preceding general election.
    20    (g)  At the beginning of the calendar year two thousand seven and each
    21  fourth calendar year thereafter, the state  board  shall  determine  the
    22  percentage difference between the most recent available monthly consumer
    23  price  index  for  all  urban  consumers  published by the United States
    24  bureau of labor statistics and such consumer price index published  four
    25  years  previously.  The  amount  of each expenditure limit fixed in this

    26  subdivision shall be adjusted by the amount of such  percentage  differ-
    27  ence  to  the closest one thousand dollars by the state board which, not
    28  later than the first day of February in each such year,  shall  issue  a
    29  regulation  setting  forth  the  amount of each such contribution limit.
    30  Each contribution limit as so adjusted shall be the  contribution  limit
    31  in effect for any election held before the next such adjustment.
    32    3.  In  computing  the  aggregate amount expended for purposes of this
    33  section, expenditures made by a committee in support of  more  than  one
    34  candidate  shall  be  allocated  among  such candidates supported by the
    35  committee in accordance with formulas promulgated by the state board or,

    36  in the absence of such official formulas, in accordance with any formula
    37  based upon reasonable standards. The statements filed by such  committee
    38  in  accordance  with  this  chapter  shall set forth, in addition to the
    39  other information required, the total amount expended by  the  committee
    40  on behalf of all such candidates and the amount allocated to each candi-
    41  date  by dollar amount and percentage.  Expenditures by a state or other
    42  committee of a political party for activities which do  not  support  or
    43  oppose  the  election of any candidate or candidates by name or by clear
    44  inference shall not be regarded as expenditures on behalf of or in oppo-
    45  sition to a candidate.
    46    § 14-212. Examinations and audits;  repayments.  1.  The  state  board

    47  shall  conduct a thorough examination and audit of the contributions and
    48  qualified campaign expenses of the authorized committee of every  eligi-
    49  ble  candidate  who received payments pursuant to section 14-206 of this
    50  title.
    51    2. (a) If the state board determines that any portion of  the  payment
    52  made  to  such  authorized  committee  from  the New York state election
    53  campaign fund was in excess of the aggregate amount of payments to which
    54  such eligible candidate was entitled pursuant to section 14-206 of  this
    55  title,  it  shall  notify such committee and such committee shall pay to
    56  the state board an amount equal to the amount of excess payments.

        A. 6940--B                         12
 

     1    (b) If the state board determines that any amount of payment  made  to
     2  an authorized committee of an eligible candidate from the New York state
     3  election campaign fund was used for purposes other than to defray quali-
     4  fied campaign expenses, it shall notify the said authorized committee of
     5  the  amount  disqualified and the said authorized committee shall pay to
     6  the state board an amount equal to such disqualified amount.
     7    (c) If the total of contributions and payments from the New York state
     8  election campaign fund received by any candidate  and  such  candidate's
     9  authorized  committee,  exceeds the campaign expenditures of such candi-
    10  date and committee, such candidate and committee shall use  such  excess

    11  funds to reimburse the fund for payments received by such committee from
    12  the  fund  not  later than ten days after all liabilities have been paid
    13  and in any event, not later than March thirty-first of the year  follow-
    14  ing  the  year of the election for which such payments were intended. No
    15  such excess funds shall be used for any other purpose, unless the  total
    16  amount due the New York state election campaign fund from such candidate
    17  and committee has been repaid.
    18    3. If a court of competent jurisdiction disqualifies a candidate whose
    19  authorized  committee has received public funds on the grounds that such
    20  candidate committed fraudulent acts in order to obtain a  place  on  the

    21  ballot  and such decision is not reversed by a higher court, such candi-
    22  date and such candidate's authorized committee shall pay  to  the  state
    23  board  an  amount  equal  to  the total of public funds received by such
    24  authorized committee.
    25    4. All payments received by the state board pursuant to  this  section
    26  shall  be  deposited in the New York state election campaign fund estab-
    27  lished by section ninety-two-y of the state finance law.
    28    § 14-214. Penalties. 1. Any person who knowingly and  willfully  fails
    29  to  file  a statement required to be filed by this title or the rules or
    30  regulations of the state board in  implementation  thereof  within  five
    31  days  after  the  date provided for filing such statement, or any person

    32  who knowingly and willfully violates any other provision of  this  title
    33  shall  be  guilty  of a class A misdemeanor, unless a greater penalty is
    34  specifically prescribed in another applicable statute.
    35    2. Any person who knowingly and willfully contributes  or  expends  or
    36  aids  or  participates in the contribution or expenditure of funds in an
    37  amount exceeding an applicable maximum specified in this title,  or  who
    38  knowingly  and  willfully accepts or aids or participates in the accept-
    39  ance of a contribution in an  amount  exceeding  an  applicable  maximum
    40  specified in this title shall be guilty of a class A misdemeanor.
    41    3.  Any  person  who  knowingly  and  willfully neglects or refuses to

    42  furnish any information required or authorized  by  this  title,  or  to
    43  exhibit  records,  papers  or  documents  authorized by this title to be
    44  inspected or which are required to be exhibited, shall be  guilty  of  a
    45  class A misdemeanor.
    46    4.  Any  person who knowingly and willfully expends or aids or partic-
    47  ipates in the expenditure of funds for a purpose or in  a  manner  which
    48  violates  the  provisions  of  this  title  shall be guilty of a class A
    49  misdemeanor.
    50    5. Any person who knowingly and willfully fails to return or  aids  or
    51  participates  in  the  failure  to  return  to the state board any funds
    52  required to be returned to such board pursuant to the provisions of this

    53  title shall be guilty of a class A misdemeanor.
    54    6. Any person  who  furnishes  any  false,  fictitious  or  fraudulent
    55  evidence,  books  or  information  to the state board of elections under
    56  this title or  includes  in  any  evidence,  books,  or  information  so

        A. 6940--B                         13
 
     1  furnished  any  misrepresentation  of  a  material fact, or falsifies or
     2  conceals any evidence, books, or information relevant to  any  audit  by
     3  the  state  board  of  elections or knowingly and willfully violates any
     4  other provision of this title shall be guilty of a class A misdemeanor.
     5    7. The attorney general shall be primarily responsible for instituting

     6  and conducting prosecutions under this section. In such cases the attor-
     7  ney  general  or  the  attorney  general's deputy shall exercise all the
     8  powers and perform all the duties  which  the  district  attorney  would
     9  otherwise be authorized or required to exercise or perform; whenever any
    10  such  prosecution  is  instituted  by the attorney general, the district
    11  attorney shall only exercise such powers and perform such duties as  are
    12  required  of the district attorney by the attorney general or the deputy
    13  attorney general.  Until  and  unless  the  attorney  general  exercises
    14  authority  under  this section an otherwise authorized district attorney
    15  may institute and conduct a prosecution under this section.

    16    8. Whenever the attorney general is authorized under this  chapter  to
    17  prosecute a criminal proceeding on behalf of the state board, the attor-
    18  ney  general  shall  have  the  discretion  to delegate the authority to
    19  initiate  or  conduct  any  such  prosecution  to  the  state  board  of
    20  elections.
    21    § 14-216. Civil penalties. 1. Any person who fails to file a statement
    22  or record required to be filed by this title or the rules or regulations
    23  of the state board in implementation thereof shall be subject to a civil
    24  penalty,  not  in excess of one thousand dollars, to be recoverable in a
    25  civil proceeding brought by the state board.
    26    2. If the aggregate amount of expenditures by  a  candidate  and  such

    27  candidate's  authorized  committee  exceeds  the expenditure limitations
    28  contained in this title such candidate  shall  be  liable  for  a  civil
    29  penalty in an amount equal to three times the sum by which such expendi-
    30  tures exceed the permitted amount.
    31                                   TITLE III
    32                        LOCAL OPTION PUBLIC FINANCING
    33  Section 14-300. Public  campaign  financing in counties, cities or towns
    34                    by local option.
    35    § 14-300. Public campaign financing in counties, cities  or  towns  by
    36  local  option. 1.   On the request of two-thirds of the total membership
    37  of its legislative body or on the request of its chief executive officer

    38  concurred in by a majority of such membership, of any  county,  city  or
    39  town which contains a population of more than one hundred thousand, made
    40  to  the  state  legislature,  the  legislature  may enact a local public
    41  campaign financing law for elections in such county, city or town.
    42    2. Such local public campaign finance law shall include,  but  not  be
    43  limited  to:  which  offices  shall be included in public financing, the
    44  amount of public financing for each office, contribution and expenditure
    45  limits, and the method of funding public financing.
    46    3.  The forms of requests to be  submitted  to  the  legislature  with
    47  respect  to the enactment of such special law and the manner of communi-

    48  cation of such requests to the legislature shall be the  same  as  those
    49  prescribed pursuant to section fifty-five of the legislative law.
    50    4.  Such  local  public  financing  law  shall  not take effect unless
    51  enacted into law by the legislature within sixty days after  receipt  of
    52  the request described in subdivision one of this section from such coun-
    53  ty,  city  or  town. If the legislature is not in session at the time of
    54  such receipt, or if it adjourns sine die less than sixty days after such
    55  receipt, then such sixty-day period for enactment  shall  run  from  the
    56  date the legislature reconvenes.

        A. 6940--B                         14
 
     1    5. Nothing in this section shall be construed to diminish any existing

     2  authority of a county, city or town.
     3    §  6.  Severability.  If any clause, sentence, subdivision, paragraph,
     4  section or part of title II or III of article 14 of the election law  be
     5  adjudged  by  any  court  of  competent jurisdiction to be invalid, such
     6  judgment shall not affect, impair or invalidate the  remainder  thereof,
     7  but shall be confined in its operation to the clause, sentence, subdivi-
     8  sion,  paragraph,  section  or  part  thereof  directly  involved in the
     9  controversy in which such judgment shall have been rendered.
    10    § 7. Subdivisions 2 through 11 of section 14-100 of the election  law,
    11  subdivisions 2, 3, 4, 5, 6, 8, 10 and 11 as redesignated by chapter 9 of
    12  the  laws  of  1978 are renumbered subdivisions 4 through 13 and two new
    13  subdivisions 2 and 3 are added to read as follows:

    14    2. "authorized committee" means a political committee which  has  been
    15  authorized by one or more candidates to act on their behalf.
    16    3.  "multi-candidate  committee" means a political committee which has
    17  been in existence for at least six months, has received contributions of
    18  money from more than fifty persons, has made contributions of  money  to
    19  at least five candidates in New York state, makes only monetary contrib-
    20  utions and is not an authorized committee for any candidate.
    21    §  8.  Subdivision 9 of section 14-100 of the election law, as amended
    22  by chapter 480 of the laws of 1987 and renumbered by  section  seven  of
    23  this act, is amended to read as follows:
    24    9.  "candidate" means an individual who seeks nomination for election,

    25  or election, to any public office or party position to be voted for at a
    26  caucus or a primary, general or  special  or  New  York  city  community
    27  school  district  election  or  election  for trustee of the Long Island
    28  Power Authority, whether or not the public office or party position  has
    29  been  specifically identified at such time and whether or not such indi-
    30  vidual is nominated or elected, and, for purposes of  this  subdivision,
    31  an  individual  shall  be  deemed  to  seek  nomination for election, or
    32  election, to an office or position, if  he  has  (1)  taken  the  action
    33  necessary  to  qualify himself for nomination for election, or election,
    34  or (2) received contributions or made expenditures,  given  his  consent
    35  for any other person to receive contributions or make expenditures, with
    36  a  view  to  bringing about his nomination for election, or election, to

    37  any office or position at any time whether in the  year  in  which  such
    38  contributions or expenditures are made or at any other time; and
    39    § 9. The opening paragraph of paragraph 3 of subdivision 11 of section
    40  14-100 of the election law, as amended by chapter 70 of the laws of 1983
    41  and  such  subdivision  as  renumbered  by section seven of this act, is
    42  amended to read as follows:
    43    any payment, by any person other  than  a  candidate  or  a  political
    44  committee authorized by the candidate, made in connection with the nomi-
    45  nation for election or election of any candidate, or any payment made to
    46  promote  the  success or defeat of a political party or principle, or of
    47  any ballot proposal including but not limited to  compensation  for  the
    48  personal  services  of  any  individual which are rendered in connection

    49  with a candidate's  election  or  nomination  without  charge;  provided
    50  however, that none of the foregoing shall be deemed a contribution if it
    51  is  made,  taken  or  performed  by a candidate or [his] the spouse of a
    52  candidate except a candidate who has  elected  to  accept  public  funds
    53  pursuant  to  title II or title III of this article, or by a person or a
    54  political committee independent  of  the  candidate  or  his  agents  or
    55  authorized political committees.  For purposes of this article, the term
    56  "independent  of  the  candidate  or  his agents or authorized political

        A. 6940--B                         15
 
     1  committees" shall mean that the candidate or his  agents  or  authorized
     2  political  committees  did  not  authorize,  request, suggest, foster or

     3  cooperate in any such activity; and  provided  further,  that  the  term
     4  contribution shall not include:
     5    §  10.  Subdivisions 1 and 3 of section 14-102 of the election law, as
     6  amended by chapter 8 of the laws of 1978, subdivision 1 as  redesignated
     7  by  chapter  9  of  the  laws of 1978 and subdivision 3 as renumbered by
     8  chapter 70 of the laws of 1983, are amended to read as follows:
     9    1. The treasurer of every political committee which, or  any  officer,
    10  member  or  agent  of  any  such  committee  who, in connection with any
    11  election, receives or expends any  money  or  other  valuable  thing  or
    12  incurs  any  liability  to pay money or its equivalent and any entity or
    13  person, other than a natural person, who or which makes contributions or
    14  expenditures, or incurs liabilities, for political purposes which  total

    15  in excess of two thousand dollars in any calendar year shall file state-
    16  ments  sworn,  or subscribed and bearing a form notice that false state-
    17  ments made therein are punishable as a class A misdemeanor  pursuant  to
    18  section 210.45 of the penal law, at the times prescribed by this article
    19  setting forth all the receipts, contributions to and the expenditures by
    20  and liabilities of the committee and all such contributions and expendi-
    21  tures  by,  and  liabilities of, such entity or person, and of its offi-
    22  cers, members and agents in its behalf. Such  statements  shall  include
    23  the  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 or

    26  person from whom received, the name and address of such person's employ-
    27  er, the full name, residential address, occupation, employer, and  busi-
    28  ness  address  of  each  individual, corporation, partnership, political
    29  committee, employee organization or other entity making, or which is the
    30  intermediary for, such contribution, or any loan,  guarantee,  or  other
    31  security for such a loan and if the transferor, contributor or person is
    32  a political committee; the name of and the political unit represented by
    33  the  committee,  the  date  of  its  receipt, the dollar amount of every
    34  expenditure, the name and address of the person to whom it was  made  or
    35  the name of and the political unit represented by the committee to which
    36  it was made and the date thereof, and shall state clearly the purpose of

    37  such  expenditure.    If  any  one expenditure is made for more than one
    38  purpose, or as payment for goods or services supplied by more  than  one
    39  supplier, such statement shall set forth separately each such purpose or
    40  supplier and the amount expended for each such purpose or for or to each
    41  such  supplier. Any statement reporting a loan shall have attached to it
    42  a copy of the evidence of indebtedness. [Expenditures] Except for candi-
    43  dates and committees who or which accept public  financing  pursuant  to
    44  the provisions of this article, expenditures in sums under fifty dollars
    45  need  not be specifically accounted for by separate items in said state-
    46  ments, and receipts and contributions aggregating not more than  ninety-

    47  nine  dollars,  from  any  one  contributor  need  not  be  specifically
    48  accounted for by separate items in said  statements,  provided  however,
    49  that  such  expenditures, receipts and contributions shall be subject to
    50  the other provisions of section 14-118 of this article.  If a  committee
    51  has  made  expenditures  of  money  or other valuable things or incurred
    52  liabilities totaling more than two thousand dollars each to  support  or
    53  oppose  more  than  one  candidate in any calendar year, such statements
    54  shall also set forth on a separate schedule, each  of  the  expenditures
    55  made,  or liabilities incurred, with respect to each such candidate. The
    56  board of elections shall annex a copy  of  each  such  schedule  to  the

        A. 6940--B                         16
 

     1  statement  required  to  be  filed  by  such  candidate  pursuant to the
     2  provisions of section 14-104 of this title.
     3    3.  The  state  board  of  elections shall promulgate regulations with
     4  respect to the accounting methods to be applied in complying  with,  and
     5  in  preparing the statements required by, the provisions of this article
     6  and shall provide forms suitable for such statements.  Such  regulations
     7  shall be drawn to assure such compliance and obtain the maximum possible
     8  disclosure.
     9    §  11. Subdivision 1 of section 14-104 of the election law, as amended
    10  by chapter 430 of the laws of 1997, is amended to read as follows:
    11    1. Any candidate for election to public office, or for nomination  for
    12  public  office  at  a  contested  primary election or convention, or for

    13  election to a party position at a primary election,  shall  file  state-
    14  ments  sworn,  or subscribed and bearing a form notice that false state-
    15  ments made therein are punishable as a class A misdemeanor  pursuant  to
    16  section 210.45 of the penal law, at the times prescribed by this article
    17  setting  forth the particulars specified by section 14-102 of this arti-
    18  cle, as to all moneys or other valuable things, paid, given, expended or
    19  promised by him to aid his own nomination or election, or to promote the
    20  success or defeat of a political party, or to aid or influence the nomi-
    21  nation or election or the defeat of any other candidate to be voted  for
    22  at  the  election  or  primary  election  or  at a convention, including
    23  contributions to political committees, officers, members or agents ther-
    24  eof, and transfers, receipts and contributions to him to be used for any

    25  of the purposes above specified, or in lieu thereof, any such  candidate
    26  may  file  such  a sworn statement at the first filing period, on a form
    27  prescribed by the state board of elections that such candidate has  made
    28  no  such expenditures and does not intend to make any such expenditures,
    29  except through a political committee authorized by such candidate pursu-
    30  ant to this article. If the amounts paid, given,  expended  or  promised
    31  with  respect  to  any other candidate exceed two thousand dollars, such
    32  statements shall also set forth on a separate schedule each such  amount
    33  paid,  given,  expended or promised with respect to each such candidate.
    34  The board of elections shall annex a copy of each such schedule  to  the
    35  statement  filed  by  such other candidate pursuant to the provisions of

    36  this section. A committee authorized by such a candidate may fulfill all
    37  of the filing requirements of this act on behalf of such candidate.
    38    § 12. The election law is amended by adding a new  section  14-105  to
    39  read as follows:
    40    §  14-105.  Local  campaign  finance disclosure. 1. In the city of New
    41  York all the provisions of local law and any amendments thereto relating
    42  to the reporting of campaign finance information on  behalf  of  certain
    43  candidates  for  the offices of mayor, public advocate, comptroller, and
    44  borough president, shall apply to every candidate for  any  such  office
    45  and  to  every  political  committee that directly or indirectly aids or
    46  takes part in a campaign for nomination or election of any candidate for
    47  any such office.

    48    2. Any candidate or political committee that is  required  to  file  a
    49  statement or report with the board of elections in the city of New York,
    50  pursuant  to this article or regulations adopted pursuant thereto by the
    51  state board of elections, shall also file, in accordance  with  subdivi-
    52  sion  one  of  this  section, the statements and reports required by the
    53  city agency responsible for executing and enforcing such local law,  and
    54  such  city  agency  shall have the power to audit and examine the state-
    55  ments and records of such candidates and political  committees  for  the
    56  purpose  of  verifying  the completeness and accuracy of such statements

        A. 6940--B                         17
 

     1  and reports. No candidate or political  committee  required  to  file  a
     2  statement  or  report  with the board of elections in such city shall be
     3  exempt from the additional filing requirements of this  section,  unless
     4  the  statement  or  report  filed with the board of elections includes a
     5  written statement, sworn to or affirmed  by  the  candidate,  that  such
     6  candidate  is  not  a  candidate for nomination or election to an office
     7  enumerated in subdivision one of this section or, sworn to  or  affirmed
     8  by the committee treasurer, that such committee is not directly or indi-
     9  rectly aiding or taking part in any campaign of a candidate for any such
    10  office.  The  city  agency  responsible for executing and enforcing such

    11  local law shall promulgate such regulations as are necessary and  appro-
    12  priate for implementing the requirements of this section.
    13    3.  In addition to such penalties as may otherwise be provided by this
    14  chapter or local law, any person who fails to  file  timely  a  legible,
    15  true,  and  complete  statement or report required by this section to be
    16  filed with the city agency responsible for executing and  enforcing  the
    17  local law described in subdivision one of this section, shall be subject
    18  to a civil penalty in an amount not in excess of one hundred dollars, to
    19  be  recoverable in a special proceeding or civil action to be brought by
    20  the city agency.
    21    4. For purposes of this section, a political committee  shall  not  be

    22  subject  to  the  filing  requirements  described in this section solely
    23  because such committee makes a contribution to a  candidate  or  another
    24  political committee.
    25    § 13. Section 14-106 of the election law is REPEALED and a new section
    26  14-106 is added to read as follows:
    27    §  14-106.  Identification of the source of certain political communi-
    28  cations. 1. Whenever any person makes an expenditure for the purpose  of
    29  financing,   or   otherwise  publishes  or  distributes,  communications
    30  expressly advocating the election or  defeat  of  a  clearly  identified
    31  candidate  or  the  approval  or  disapproval of a ballot proposal, such
    32  communication:
    33    (a) if paid for and authorized by a candidate, an authorized political

    34  committee of a candidate, or its agents, shall clearly  state  that  the
    35  communication  has been paid for by such candidate, authorized political
    36  committee, or agent; or
    37    (b) if paid for by other persons but authorized  by  a  candidate,  an
    38  authorized  political  committee  of  a  candidate, or its agents, shall
    39  clearly state that the communication is paid for by such  other  persons
    40  and  authorized  by  such  candidate, authorized political committee, or
    41  agent; or
    42    (c) if not authorized by a candidate, an authorized political  commit-
    43  tee  of  a candidate, or its agents, shall clearly state the name of the
    44  person who paid for, or otherwise published or distributed, the communi-

    45  cation and state that the communication is not authorized by any  candi-
    46  date or candidate's committee.
    47    2.  For  purposes  of this section, the following terms shall have the
    48  following meanings:
    49    (a) The term "clearly identified" means that:
    50    (1) the name of the candidate involved appears;
    51    (2) a photograph or drawing of the candidate appears; or
    52    (3) the identity of the candidate is apparent  by  unambiguous  refer-
    53  ence.
    54    (b)  The  term "communication" includes any advertisements, pamphlets,
    55  circulars, flyers, brochures, letterheads, or other printed matter,  and
    56  radio or television broadcasts.

        A. 6940--B                         18
 

     1    (c)  The term "person" includes an individual, partnership, committee,
     2  association, corporation, labor organization, or any other  organization
     3  or group of persons.
     4    3.  A  violation  of the provisions of this section shall constitute a
     5  misdemeanor.
     6    § 14. Subdivision 6 of section 14-108 of the election law, as  amended
     7  by  chapter  323 of the laws of 1977 and as redesignated by chapter 9 of
     8  the laws of 1978, is amended to read as follows:
     9    6. A statement shall be deemed properly filed  when  deposited  in  an
    10  established post-office within the prescribed time, duly stamped, certi-
    11  fied  and  directed  to the officer with whom or to the board with which
    12  the statement is required to be filed,  but  in  the  event  it  is  not
    13  received,  a  duplicate  of  such statement shall be promptly filed upon

    14  notice by such officer or such board of its non-receipt.  All statements
    15  required to be filed during  the  period  of  fifteen  days  before  any
    16  election, which are mailed, shall be sent by express mail.
    17    § 15. Section 14-112 of the election law, as amended by chapter 930 of
    18  the laws of 1981, is amended to read as follows:
    19    §  14-112.  Political committee authorization statement. Any political
    20  committee aiding or taking part in the election  or  nomination  of  any
    21  candidate, other than by making contributions, shall file, in the office
    22  in  which  the  statements of such committee are to be filed pursuant to
    23  this article, either a sworn verified statement by the treasurer of such
    24  committee and the candidate that [the] such candidate has authorized the

    25  political committee to aid or take part in his election or a sworn veri-
    26  fied statement by the treasurer of such committee that the candidate has
    27  not authorized the committee to aid or take part in his  election.    No
    28  candidate  may authorize more than one committee for any one election. A
    29  multi-candidate committee may not be an authorized committee.
    30    § 16. Paragraph b of subdivision 1 of section 14-114 of  the  election
    31  law,  as  amended by chapter 659 of the laws of 1994, is amended to read
    32  as follows:
    33    b. [In] Except as otherwise  provided  in  subdivision  nine  of  this
    34  section,  in  any other election for party position or for election to a
    35  public office or for nomination for any such office, no contributor  may

    36  make  a  contribution  to  any  candidate  or political committee and no
    37  candidate or political committee may accept any  contribution  from  any
    38  contributor,  which  is in the aggregate amount greater than: (i) in the
    39  case of any election for party position, or  for  nomination  to  public
    40  office, the product of the total number of enrolled voters in the candi-
    41  date's  party  in  the  district  in  which he is a candidate, excluding
    42  voters in inactive status, multiplied by $.05, and (ii) in the  case  of
    43  any  election  for  a  public office, the product of the total number of
    44  registered voters in the district, excluding voters in inactive  status,
    45  multiplied by $.05, [however in the case of a nomination within the city
    46  of  New  York  for  the office of mayor, public advocate or comptroller,

    47  such amount shall be not less than four thousand dollars nor  more  than
    48  twelve  thousand dollars as increased or decreased by the cost of living
    49  adjustment described in paragraph c of this subdivision; in the case  of
    50  an  election within the city of New York for the office of mayor, public
    51  advocate or comptroller, twenty-five thousand dollars  as  increased  or
    52  decreased  by  the cost of living adjustment described in paragraph c of
    53  this subdivision; in the case of a nomination for  state  senator,  four
    54  thousand dollars as increased or decreased by the cost of living adjust-
    55  ment described in paragraph c of this subdivision;] or in the case of an
    56  election  for  state  senator, six thousand two hundred fifty dollars as


        A. 6940--B                         19
 
     1  increased or decreased by the cost of  living  adjustment  described  in
     2  paragraph  c  of  this  subdivision; in the case of an election or nomi-
     3  nation for a member of the  assembly,  twenty-five  hundred  dollars  as
     4  increased  or  decreased  by  the cost of living adjustment described in
     5  paragraph c of this subdivision; but in no event shall any such  maximum
     6  exceed  fifty  thousand  dollars  or  be less than one thousand dollars;
     7  provided however, that the maximum amount which may be so contributed or
     8  accepted, in the aggregate, from any candidate's child,  parent,  grand-
     9  parent,  brother  and  sister, and the spouse of any such persons, shall
    10  not exceed in the case of any election for party position or  nomination
    11  for  public office an amount equivalent to the number of enrolled voters

    12  in the candidate's party in the district in which  he  is  a  candidate,
    13  excluding  voters in inactive status, multiplied by $.25 and in the case
    14  of any election to public office, an amount equivalent to the number  of
    15  registered  voters in the district, excluding voters in inactive status,
    16  multiplied by $.25; or twelve hundred fifty dollars, whichever is great-
    17  er, or in the case of a nomination or election of a state senator, twen-
    18  ty thousand dollars, whichever is greater, or in the  case  of  a  nomi-
    19  nation  or  election  of  a  member of the assembly twelve thousand five
    20  hundred dollars, whichever is greater, but in no event  shall  any  such
    21  maximum exceed one hundred thousand dollars.
    22    §  17. Subdivision 1 of section 14-114 of the election law, as amended
    23  by chapter 79 of the laws of 1992, paragraph a as amended by chapter 659

    24  of the laws of 1994 and paragraph b as amended  by  section  sixteen  of
    25  this act, is amended to read as follows:
    26    1.  [The]  Except  for  the  specific limitations set forth in section
    27  14-208 of this article with  respect  to  candidates  for  those  public
    28  offices  for  which  public  funds are available pursuant to title II of
    29  this article, the following limitations apply to  all  contributions  to
    30  candidates  for  election to any public office or for nomination for any
    31  such office, or for election to any party positions, and to all contrib-
    32  utions to political committees working directly or indirectly  with  any
    33  candidate  to  aid  or  participate  in  such  candidate's nomination or
    34  election[, other than  any  contributions  to  any  party  committee  or

    35  constituted committee:].
    36    a.  [In  any election for a public office to be voted on by the voters
    37  of the entire state, or for nomination to any such office, no  contribu-
    38  tor may make a contribution to any candidate or political committee, and
    39  no candidate or political committee may accept any contribution from any
    40  contributor,  which is in the aggregate amount greater than:  (i) in the
    41  case of any nomination to public office, the product of the total number
    42  of enrolled voters in the candidate's  party  in  the  state,  excluding
    43  voters in inactive status, multiplied by $.005, but such amount shall be
    44  not  less  than  four  thousand  dollars  nor  more than twelve thousand

    45  dollars as increased or decreased  by  the  cost  of  living  adjustment
    46  described  in  paragraph  c of this subdivision, and (ii) in the case of
    47  any election  to  a  public  office,  twenty-five  thousand  dollars  as
    48  increased  or  decreased  by  the cost of living adjustment described in
    49  paragraph c of this subdivision;  provided  however,  that  the  maximum
    50  amount  which  may be so contributed or accepted, in the aggregate, from
    51  any candidate's child, parent, grandparent, brother and sister, and  the
    52  spouse  of  any  such persons, shall not exceed in the case of any nomi-
    53  nation to public office an amount  equivalent  to  the  product  of  the
    54  number of enrolled voters in the candidate's party in the state, exclud-

    55  ing  voters  in inactive status, multiplied by $.025, and in the case of
    56  any election for a public office, an amount equivalent to the product of

        A. 6940--B                         20

     1  the number of registered voters in the state excluding voters  in  inac-
     2  tive status, multiplied by $.025.
     3    b.]  Except as otherwise provided in subdivision nine of this section,
     4  in any [other] election for party position or for election to  a  public
     5  office  or  for  nomination  for any such office, other than a statewide
     6  office, no contributor may make  a  contribution  to  any  candidate  or
     7  [political] authorized committee and no candidate or [political] author-

     8  ized  committee  may accept any contribution from any contributor, which
     9  is in the aggregate amount greater than: (i) in the case of any election
    10  for party position, or for nomination to public office, the  product  of
    11  the  total  number  of  enrolled  voters in the candidate's party in the
    12  district in which he  is  a  candidate,  excluding  voters  in  inactive
    13  status,  multiplied  by $.05, and (ii) in the case of any election for a
    14  public office, the product of the total number of registered  voters  in
    15  the  district,  excluding voters in inactive status, multiplied by $.05,
    16  [or in the case of an election  for  state  senator,  six  thousand  two
    17  hundred  fifty  dollars  as increased or decreased by the cost of living
    18  adjustment described in paragraph c of this subdivision; in the case  of

    19  an  election  or  nomination  for  a member of the assembly, twenty-five
    20  hundred dollars as increased or decreased by the cost of living  adjust-
    21  ment  described  in  paragraph  c  of this subdivision;] but in no event
    22  shall any such maximum exceed [fifty] five thousand dollars or  be  less
    23  than  one  thousand  dollars[; provided however, that the maximum amount
    24  which may be so contributed or accepted,  in  the  aggregate,  from  any
    25  candidate's  child,  parent,  grandparent,  brother  and sister, and the
    26  spouse of any such persons, shall not exceed in the case of any election
    27  for party position or nomination for public office an amount  equivalent
    28  to  the  number  of  enrolled  voters  in  the  candidate's party in the

    29  district in which he  is  a  candidate,  excluding  voters  in  inactive
    30  status,  multiplied  by  $.25  and in the case of any election to public
    31  office, an amount equivalent to the number of registered voters  in  the
    32  district,  excluding  voters  in inactive status, multiplied by $.25; or
    33  twelve hundred fifty dollars, whichever is greater, or in the case of  a
    34  nomination  or  election  of  a  state senator, twenty thousand dollars,
    35  whichever is greater, or in the case of a nomination or  election  of  a
    36  member  of  the assembly twelve thousand five hundred dollars, whichever
    37  is greater, but in no event shall any such maximum  exceed  one  hundred
    38  thousand dollars].
    39    b. No contributor may make a contribution to a multi-candidate commit-

    40  tee  or  to  a  political  committee, other than a party, constituted or
    41  authorized committee, and no such committee may accept any  contribution
    42  from  any contributor which, in the aggregate, is greater than two thou-
    43  sand dollars per annum.
    44    c. [At the beginning of each fourth calendar year, commencing in nine-
    45  teen hundred ninety-five, the state board shall determine  the  percent-
    46  age of the difference between the most recent available monthly consumer
    47  price  index  for  all  urban  consumers  published by the United States
    48  bureau of labor statistics and such consumer price index  published  for
    49  the  same  month four years previously.  The amount of each contribution
    50  limit fixed in this subdivision shall be adjusted by the amount of  such

    51  percentage  difference  to  the closest one hundred dollars by the state
    52  board which, not later than the first day of February in each such year,
    53  shall issue a regulation publishing the amount of each such contribution
    54  limit.  Each contribution limit as so adjusted shall be the contribution
    55  limit in effect for any election held before the next  such  adjustment]
    56  No contributor may make a contribution to a party or constituted commit-

        A. 6940--B                         21
 
     1  tee and no such committee may accept a contribution from any contributor
     2  which,  in  the  aggregate  is  greater than seven thousand five hundred
     3  dollars per annum.
     4    § 18. Subdivision 3 of section 14-114 of the election law is REPEALED.

     5    §  19.  Subdivisions 4 and 8 of section 14-114 of the election law, as
     6  amended by chapter 8 of the laws of 1978 and as redesignated by  chapter
     7  9 of the laws of 1978, are amended to read as follows:
     8    4.  For purposes of this section, a portion of every contribution to a
     9  party or constituted committee, expended  as  other  than  non-candidate
    10  expenditures, and a portion of every contribution to a political commit-
    11  tee  authorized  to  support  more  than  one candidate, shall be deemed
    12  contributed to every candidate supported by such committee. That portion
    13  shall be determined by allocating  the  contributions  received  by  the
    14  committee among all the candidates supported by the committee in accord-
    15  ance with any formula based upon reasonable standards established by the
    16  committee.  The  statements  filed  by such committee in accordance with

    17  this article shall set forth,  in  addition  to  the  other  information
    18  required  to  be  set  forth, the total amount received by the committee
    19  from each contributor on behalf of all such candidates and the amount of
    20  each such contribution allocated to each candidate by dollar amount  and
    21  percentage.   Nothing  in  this  subdivision  shall  require  allocating
    22  contributions expended on non-candidate expenditures to candidates.
    23    8. Except as may otherwise be provided for a candidate [and his  fami-
    24  ly],  no [person] contributor, except a party, constituted or multi-can-
    25  didate committee, may contribute, loan or guarantee in  excess  of  [one
    26  hundred]  fifty thousand dollars within the state in connection with the
    27  nomination or election of persons to state and local public offices  and

    28  party  positions  within the state of New York in any one calendar year.
    29  For the purposes of this subdivision "loan" or "guarantee" shall mean  a
    30  loan or guarantee which is not repaid or discharged in the calendar year
    31  in which it is made.
    32    §  20.  Section  14-114 of the election law is amended by adding a new
    33  subdivision 9 to read as follows:
    34    9. a. In the city of New York, a contribution  limitation  established
    35  by  local  law  for  certain candidates for the offices of mayor, public
    36  advocate, comptroller, or borough president in such city, shall apply to
    37  contributions to every candidate for such office, so that no contributor
    38  may make a contribution to any candidate for such office or to any poli-
    39  tical committee working directly or indirectly with  any  candidate  for

    40  any  such office to aid or participate in such candidate's nomination or
    41  election, and no such candidate or political committee  may  accept  any
    42  contribution  from  any  contributor,  which is in the aggregate amount,
    43  greater than the amount of the  contribution  limitation  applicable  to
    44  certain candidates for such offices pursuant to such local law. In addi-
    45  tion  to such penalties as may be provided by provisions of this chapter
    46  or local law, any violation of the contribution limitation made applica-
    47  ble pursuant to  this  paragraph  shall  be  subject  to  the  penalties
    48  provided in paragraph b of this subdivision.
    49    b.  In addition to such penalties as may otherwise be provided by this

    50  chapter or local law, any person who knowingly  and  willfully  contrib-
    51  utes,  accepts  or  aids or participates in the acceptance of a contrib-
    52  ution in an amount exceeding the contribution limitation made applicable
    53  by paragraph a of this subdivision or any person who knowingly and will-
    54  fully violates any other provision of this subdivision shall  be  guilty
    55  of a class A misdemeanor.

        A. 6940--B                         22
 
     1    c.  For  purposes of this subdivision, a political committee shall not
     2  be deemed to be aiding or taking part in the campaign for nomination  or
     3  election of a candidate for any of the offices enumerated in paragraph a
     4  of  this  subdivision solely because such committee makes a contribution

     5  or  transfer  to  such  a candidate or to a committee that aids or takes
     6  part in the campaign for nomination or election of such a candidate.
     7    § 21. Subdivision  10  of  section  14-114  of  the  election  law  is
     8  REPEALED.
     9    §  22. Subdivision 2 of section 14-116 of the election law, as amended
    10  by chapter 260 of the laws of 1981, is amended to read as follows:
    11    2. Notwithstanding the provisions of subdivision one of this  section,
    12  any  corporation or an organization financially supported in whole or in
    13  part, by such corporation  may  make  expenditures,  including  contrib-
    14  utions,  not  otherwise prohibited by law, for political purposes, in an
    15  amount not to exceed five thousand  dollars  in  the  aggregate  in  any
    16  calendar  year;  provided  that  no  public  utility  shall use revenues

    17  received from the rendition of  public  service  within  the  state  for
    18  contributions  for political purposes unless such cost is charged to the
    19  shareholders of such a public service corporation.  For the purposes  of
    20  this  subdivision,  all  the  component members of a controlled group of
    21  corporations within the meaning of section  one  thousand  five  hundred
    22  sixty-three  of  the Internal Revenue Code of the United States shall be
    23  deemed to be one corporation.
    24    § 23. Subdivision 1 of section 14-118 of the election law, as  amended
    25  by chapter 70 of the laws of 1983, is amended to read as follows:
    26    1.  Every political committee shall have a treasurer and a depository,
    27  and shall cause the treasurer to keep detailed, bound  accounts  of  all
    28  receipts, transfers, loans, liabilities, contributions and expenditures,

    29  made  by  the committee or any of its officers, members or agents acting
    30  under its authority or  in  its  behalf.  All  such  accounts  shall  be
    31  retained  by a treasurer for a period of five years from the date of the
    32  filing of the final statement with  respect  to  the  election,  primary
    33  election  or  convention  to which they pertain.   No officer, member or
    34  agent of any political committee shall receive any receipt, transfer  or
    35  contribution,  or  make any expenditure or incur any liability until the
    36  committee shall have chosen a treasurer and depository and  filed  their
    37  names  in accordance with this subdivision.  There shall be filed in the
    38  office in which the committee is required to file its  statements  under
    39  section  14-110  of this article, within five days after the choice of a
    40  treasurer and depository, a statement giving the name and address of the

    41  treasurer chosen, the name and address of any person authorized to  sign
    42  checks  by such treasurer, the name and address of the depository chosen
    43  and the candidate or candidates or  ballot  proposal  or  proposals  the
    44  success  or  defeat  of  which  the  committee  is  to aid or take part;
    45  provided, however, that such  statement  shall  not  be  required  of  a
    46  constituted  committee  and  provided further that a political committee
    47  which makes no expenditures, to aid or take  part  in  the  election  or
    48  defeat  of  a  candidate, other than in the form of contributions, shall
    49  not be required to list the candidates being  supported  or  opposed  by
    50  such  committee.  Such a statement from any committee other than a party
    51  or authorized committee also shall  clearly  identify  the  economic  or

    52  other  special interest, if identifiable, of a majority of its contribu-
    53  tors, and if a majority of its contributors  share  a  common  employer,
    54  shall  identify  the employer. If the economic or other special interest
    55  or common employer are not identifiable, such statement of a  multi-can-
    56  didate  committee  shall  clearly identify the economic or other special

        A. 6940--B                         23
 
     1  interest, if identifiable, of a majority of its  organizers,  and  if  a
     2  majority  of  its organizers share a common employer, shall identify the
     3  employer, and if organized, controlled or maintained by  an  individual,
     4  shall  identify  that  individual. Such statement shall be signed by the

     5  treasurer and all other persons authorized to sign checks. Any change in
     6  the information required in any  statement  shall  be  reported,  in  an
     7  amended  statement filed in the same manner and in the same office as an
     8  original statement filed under this section, within two  days  after  it
     9  occurs.  Only  a  banking organization authorized to do business in this
    10  state may be designated a depository hereunder.
    11    § 24. Subdivisions 3 and 4 of section  14-124  of  the  election  law,
    12  subdivision  3 as amended by chapter 71 of the laws of 1988 and subdivi-
    13  sion 4 as amended by chapter 70 of the laws of 1983, are amended to read
    14  as follows:
    15    3. The contribution and receipt limits of section 14-114 of this arti-
    16  cle shall not apply to monies received and expenditures made by a  party
    17  committee  or constituted committee to maintain a permanent headquarters

    18  and staff and carry on ordinary activities which are not for the express
    19  purpose of promoting the candidacy of specific candidates.
    20    4. No candidate and no political committee taking part solely  in  his
    21  campaign  and authorized to do so by him in accordance with this article
    22  and no committee involved solely in promoting the success or defeat of a
    23  ballot proposal shall be  required  to  file  a  statement  required  by
    24  sections  14-102  and  14-104  of  this  article  if at the close of the
    25  reporting period for which such statement would be required neither  the
    26  aggregate  receipts  nor  the aggregate expenditures by and on behalf of
    27  such candidate or to promote the success or defeat of such proposal,  by
    28  such  candidate  or  such political committee or committees exceed [one]
    29  two thousand dollars and such candidate or such committee files, on  the

    30  filing  date  otherwise  provided,  a statement, sworn or subscribed and
    31  bearing a form notice that false statements made therein are  punishable
    32  as  a  class  A misdemeanor pursuant to section 210.45 of the penal law,
    33  stating that each of such aggregate receipts and aggregate  expenditures
    34  does not exceed [one] two thousand dollars.
    35    §  25. Subdivision 1 of section 14-126 of the election law, as amended
    36  by chapter 128 of the laws of 1994, is amended to read as follows:
    37    1. a. Any committee which fails to file within the time required,  any
    38  statement  of  receipts  and expenditures required by this article to be
    39  filed within forty-five days of an election shall be subject to a  civil
    40  penalty of twenty-five dollars per day for each day between the day each

    41  such  statement was required to be filed and the day of such election or
    42  the day such statement is filed, whichever is earlier, multiplied  by  a
    43  number  obtained by dividing the total amount of money received or money
    44  expended by such committee, whichever is greater, by  ten  thousand.  If
    45  any  such  committee  defaults  on paying any such penalty, such penalty
    46  shall be assessed against the candidate  or  candidates  who  authorized
    47  such  committee  or  if  such  committee  is not an authorized committee
    48  against the treasurer thereof.
    49    b. Any person who fails to file within the time required, a report  of
    50  a  contribution  in  excess  of  one thousand dollars received after the

    51  filing of the last report required to be filed before an election  shall
    52  be  subject  to  a civil penalty of twenty-five dollars per day for each
    53  day between the day each such statement was required to be filed and the
    54  day of such election or the day such statement is  filed,  whichever  is
    55  earlier,  multiplied  by  the  number  of  such contributions which were
    56  required to be so reported in each statement.

        A. 6940--B                         24
 
     1    c. Any person who [fails to file a statement required to be filed  by]
     2  violates any other provision of this article shall be subject to a civil
     3  penalty,  not in excess of [five hundred] one thousand dollars[, to] for

     4  a first offense and not in excess  of  five  thousand  dollars  for  any
     5  subsequent offense.
     6    d.  Such  penalties  shall  be  recoverable in a special proceeding or
     7  civil action to be brought by the state  board  of  elections  or  other
     8  board of elections pursuant to subdivision four of section 3-104 of this
     9  chapter.
    10    §  26.  The  election law is amended by adding a new section 16-103 to
    11  read as follows:
    12    § 16-103. Proceedings as to public financing. 1. The determination  of
    13  eligibility  pursuant to section 14-202 of this chapter and any question
    14  or issue relating to payments for qualified campaign expenditures pursu-
    15  ant to section 14-206 of this chapter may be contested in  a  proceeding

    16  instituted  in the supreme court, Albany county, by any aggrieved candi-
    17  date.
    18    2. A proceeding with respect to such a determination of eligibility or
    19  payment for qualified campaign expenditures pursuant to  section  14-206
    20  of  this chapter shall be instituted within seven days after such deter-
    21  mination was made. The state board shall be made a  party  to  any  such
    22  proceeding.
    23    3.  The state board is authorized to institute a special proceeding or
    24  civil action in supreme court, Albany county, to seek  recovery  of  any
    25  amounts  determined  to  be payable to the state board as a result of an
    26  examination and audit made pursuant to titles  II  and  III  of  article
    27  fourteen of this chapter.

    28    §  27.  The  election  law is amended by adding a new section 4-113 to
    29  read as follows:
    30    § 4-113. Notice to the state board of elections of candidates for  the
    31  legislature.  1.  Each board of elections with which are filed petitions
    32  designating candidates for member of the legislature  shall,  not  later
    33  than  one week after the last day to file such petitions, send notice to
    34  the state board of elections of such information about each  such  peti-
    35  tion as the state board shall require.
    36    2.  Each  such county board of elections shall, not later than the day
    37  after the last day to file a petition or certificate of nomination for a
    38  general or special election or a certificate of acceptance,  declination

    39  or  substitution for a general, primary or special election for any such
    40  office, send to the state board of elections such information about each
    41  such petition or certificate as the state board shall require.
    42    3. If any such county board of elections should  disqualify  any  such
    43  candidate  or rule the petition or certificate designating or nominating
    44  any such candidate invalid, it shall forthwith notify the state board of
    45  elections of such decision.
    46    4. If any such county board of elections shall be notified of a  deci-
    47  sion  of a court of competent jurisdiction disqualifying any such candi-
    48  date or declaring any such petition invalid or reversing any such  deci-
    49  sion  by  such  board  of  elections  or  another  court,  such board of

    50  elections shall forthwith notify the state board of  elections  of  such
    51  decision.
    52    5.  The  state  board of elections may prescribe forms for the notices
    53  required by this section and shall prescribe the manner  in  which  such
    54  notices shall be given.
    55    § 28. The state finance law is amended by adding a new section 92-y to
    56  read as follows:

        A. 6940--B                         25
 
     1    §  92-y.  New  York  state  election campaign fund. 1. There is hereby
     2  established in the joint  custody  of  the  state  comptroller  and  the
     3  commissioner  of taxation and finance a fund to be known as the New York
     4  state election campaign fund.
     5    2.  Such fund shall consist of all revenues received from the New York

     6  state election campaign fund check-off pursuant  to  subsection  (f)  of
     7  section  six  hundred fifty-eight of the tax law, from the general fund,
     8  and from all other moneys credited or transferred thereto from any other
     9  fund or source pursuant to law.
    10    3. Moneys of the fund, following appropriation by the legislature, may
    11  be expended for the purposes of making payments to  candidates  pursuant
    12  to  title  II  of article fourteen of the election law.  Moneys shall be
    13  paid out of the fund on the audit and warrant of the  state  comptroller
    14  on  vouchers  certified  or approved by the state board of elections, or
    15  its duly designated representative, in the manner prescribed by law, not

    16  more than four working days after such voucher is received by the  state
    17  comptroller.
    18    4.  Notwithstanding  any  provision of law to the contrary, if, in any
    19  state fiscal year, the state election campaign fund lacks the amount  of
    20  money  to  pay all claims vouchered by eligible candidates and certified
    21  or approved by the state board of elections, any such  deficiency  shall
    22  be paid, upon audit and warrant of the comptroller, from funds deposited
    23  in  the  general fund of the state not more than four working days after
    24  such voucher is received by the comptroller.
    25    5. Commencing in two thousand three, if the surplus  in  the  fund  on
    26  April  first  of  the  year  after a year in which a governor is elected

    27  exceeds twenty-five percent of the disbursements from the fund over  the
    28  previous  four years, the excess shall revert to the general fund of the
    29  state.
    30    6. No moneys shall be paid to candidates in  a  primary  election  any
    31  earlier  than two weeks after the last day to file designating petitions
    32  for such primary election.
    33    7. No moneys shall be paid to candidates in  a  general  election  any
    34  earlier than the day after the day of the primary election held to nomi-
    35  nate candidates for such election.
    36    8.  No  moneys  shall  be paid to candidates in a special election any
    37  earlier than the day after the last day to file  certificates  of  party
    38  nomination for such special election.

    39    9.  No moneys shall be paid to any candidate who has been disqualified
    40  or whose designating petitions have been declared invalid by the  appro-
    41  priate board of elections or a court of competent jurisdiction until and
    42  unless  such  finding is reversed by a higher authority. No payment from
    43  the fund in the possession of  such  a  candidate  or  such  candidate's
    44  authorized  committee  on  the  date of such disqualification or invali-
    45  dation may thereafter be expended for any purpose except the payment  of
    46  liabilities  incurred  before such date. All such moneys shall be repaid
    47  to the fund.
    48    § 29. Section 658 of the tax law is amended by adding a new subsection
    49  (f) to read as follows:

    50    (f) New York state election campaign  fund  check-off.  (1)  For  each
    51  taxable  year  beginning on and after January first, two thousand, every
    52  individual whose New York state income tax  liability  for  the  taxable
    53  year  for  which the return is filed is three dollars or more may desig-
    54  nate on such return that three dollars be paid into the New  York  state
    55  election  campaign fund established by section ninety-two-y of the state
    56  finance law. Where a husband and wife file a joint return and have a New

        A. 6940--B                         26
 
     1  York state income tax liability for  the  taxable  year  for  which  the
     2  return  is  filed  of six dollars or more, or file separate returns on a

     3  single form, each such taxpayer may make separate designations  on  such
     4  return  of  three  dollars  to  be paid into the New York state election
     5  campaign fund.
     6    (2) The commissioner shall transfer to the  New  York  state  election
     7  campaign fund, established pursuant to section ninety-two-y of the state
     8  finance  law,  an amount equal to three dollars multiplied by the number
     9  of designations.
    10    (3) For purposes of this subsection, the income tax  liability  of  an
    11  individual  for any taxable year is the amount of tax imposed under this
    12  article reduced by the sum of the  credits  (as  shown  in  his  or  her
    13  return) allowable under this article.
    14    (4)  The department shall include a place on every personal income tax

    15  return form to be filed by an individual for a tax year beginning on  or
    16  after  January  first, two thousand, immediately above the certification
    17  under which the taxpayer is required to sign such form, for such taxpay-
    18  er  to  make  the  designations  described  in  paragraph  one  of  this
    19  subsection.  Such return form shall contain a concise explanation of the
    20  purpose of such optional designations.
    21    (5)  At the beginning of the calendar year two thousand seven and each
    22  fourth calendar year thereafter, the commissioner  shall  determine  the
    23  percentage difference between the most recent available monthly consumer
    24  price  index  for  all  urban  consumers  published by the United States

    25  bureau of labor statistics and such consumer price index  published  for
    26  the  same month four years previously. The commissioner shall adjust the
    27  amount which may  be  designated  by  each  taxpayer  pursuant  to  this
    28  subsection  by  the  amount of such percentage difference to the closest
    29  fifty cents.
    30    § 30. Section 1-c of the legislative law is amended by adding six  new
    31  subdivisions (m), (n), (o), (p), (q) and (r) to read as follows:
    32    (m)  The term "fundraiser" shall mean an event or function at which or
    33  in connection with which funds are solicited for or on behalf of  (i)  a
    34  governor,  lieutenant governor, comptroller, attorney general, member or
    35  members of the state legislature, or a candidate for any of the  forego-

    36  ing  offices;  (ii) a political committee organized to support or oppose
    37  the election of any such person or persons;  (iii)  a  political  action
    38  committee  formed  by or on behalf of any such person or persons; (iv) a
    39  state committee or a subcommittee of such state committee provided  that
    40  the  term  "fundraiser"  when  applied to an event or function held by a
    41  state committee or subcommittee thereof shall not include such an  event
    42  or function at which funds are raised exclusively to support or oppose a
    43  candidate  or  candidates  for  federal  elective office, or a political
    44  committee authorized by such a candidate or candidates, where such funds
    45  are not used for any other purpose; or (v) any lobbyist or client  poli-

    46  tical  action committee, where such an event or function is held for the
    47  explicit purpose of raising funds for or on behalf of any of the forego-
    48  ing entities.
    49    (n) The term "candidate" shall mean a candidate as defined by subdivi-
    50  sion seven of section 14-100 of the election law.
    51    (o) The term "state committee" shall have the same meaning as provided
    52  by the provisions of the election law.
    53    (p) The term "political committee" shall  have  the  same  meaning  as
    54  provided by subdivision one of section 14-100 of the election law.
    55    (q)  The  term  "lobbyist  or client political action committee" shall
    56  mean a political action committee organized to support the activities of


        A. 6940--B                         27
 
     1  a lobbyist or client provided,  however,  that  the  term  "lobbyist  or
     2  client  political  action  committee" as used in this article, shall not
     3  include a fundraising event or function hosted by such  a  committee  to
     4  raise funds for the committee's general use where such an event or func-
     5  tion  is not targeted to benefit any of the specific persons or entities
     6  described in subdivision (m) of this section.
     7    (r) The term "legislative session" shall mean the period beginning  on
     8  the  Wednesday  succeeding the first Monday of January and ending on the
     9  later of (i) the thirtieth day of June or (ii) two weeks after  the  day
    10  on  which the legislature has taken final action on all of the appropri-

    11  ation bills submitted by the governor pursuant to article seven  of  the
    12  state constitution, thereby enacting a state budget that provides suffi-
    13  cient  appropriation  authority for the ongoing operation and support of
    14  state government and local assistance for the ensuing fiscal year.
    15    § 31. The legislative law is amended by adding a new section 1-m-1  to
    16  read as follows:
    17    §  1-m-1.  Participation  in fundraisers during a legislative session.
    18  (a) Except as otherwise provided in this section, no  person  or  entity
    19  shall  hold,  participate  in,  contribute to, purchase a ticket for, or
    20  attend any fundraiser within forty miles of the New York  state  capitol
    21  during the legislative session.

    22    (b) This section shall not apply to fundraisers within the district of
    23  members  of  the  legislature or candidates therefor whose districts are
    24  located in whole or in part within forty miles of  the  New  York  state
    25  capitol, provided, however that such fundraisers shall be solely for the
    26  benefit  of  the legislator or the candidate or the authorized political
    27  committee of such legislator or candidate and no other elected official,
    28  political committee or candidate for elected office and further provided
    29  that such fundraisers shall not be held on any  day  when  a  quorum  of
    30  either  house  of the legislature is in attendance of a session of their
    31  respective house.
    32    § 32. Subdivisions (a) and (b) of section 1-n of the legislative  law,

    33  as  added  by  chapter  2  of  the  laws  of 1999, is amended to read as
    34  follows:
    35    (a) (i) Any lobbyist, public corporation, or client who knowingly  and
    36  wilfully  fails  to  file  timely a report or statement required by this
    37  article or knowingly and wilfully files false information  or  knowingly
    38  and  wilfully  violates section one-m or one-m-one of this article shall
    39  be guilty of a class A misdemeanor; and (ii) any lobbyist, public corpo-
    40  ration, or client who knowingly and wilfully  fails  to  file  timely  a
    41  report  or  statement required by this article or knowingly and wilfully
    42  files false information or knowingly and wilfully violates section one-m
    43  or one-m-one of this article, after having previously been convicted  in
    44  the preceding five years of the crime described in paragraph (i) of this

    45  subdivision,  shall  be guilty of a class E felony.  For the purposes of
    46  this subdivision, the chief administrative officer of  any  organization
    47  required  to  file a statement or report shall be the person responsible
    48  for making and filing such statement or report unless some other  person
    49  prior  to the due date thereof has been duly designated to make and file
    50  such statement or report.
    51    (b) A lobbyist,  public  corporation,  or  client  who  knowingly  and
    52  wilfully  fails  to  file a statement or report within the time required
    53  for the filing of such report or knowingly and wilfully violates section
    54  one-m or one-m-one of this article shall be subject to a civil  penalty,
    55  in  an amount not to exceed twenty-five thousand dollars, to be assessed
    56  by the commission.   Such assessment  may  only  be  imposed  after  the


        A. 6940--B                         28
 
     1  commission sends by certified and first-class mail written notice of the
     2  intent to assess a penalty and the basis for the penalty.  The amount of
     3  such  assessment  shall  be determined only after a hearing at which the
     4  party  shall be entitled to appear, present evidence and be heard.  Such
     5  assessment may be recovered in an action brought by the attorney  gener-
     6  al.
     7    §  33. Subdivision 3 of section 14-126 of the election law, as amended
     8  by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
     9  laws of 1978, is amended to read as follows:
    10    3. Any person who knowingly and willfully contributes, accepts or aids
    11  or participates in the acceptance of a contribution in an amount exceed-
    12  ing an applicable maximum specified in this article or who knowingly and

    13  willfully violates the provisions of section one-m-one of  the  legisla-
    14  tive law shall be guilty of a misdemeanor.
    15    §  34.  Campaign  finance review panel. 1. There is hereby created and
    16  established the "campaign finance review panel". The panel shall consist
    17  of the commissioner of taxation and finance, the director of  the  divi-
    18  sion  of  the  budget,  the state comptroller and the two members of the
    19  state board of elections who  rotate  as  chairman  of  the  board.  The
    20  commissioner of taxation and finance shall be chairman.
    21    2.  The  panel  is  empowered  and it shall be its duty to monitor and
    22  review the implementation of the campaign financing reform act of  2000.
    23  The  panel shall report to the governor and the legislature on March 31,
    24  2002 and on March 31, 2003. The report shall include: (a) the number  of

    25  candidates  qualifying  and  opting  for  public  financing, the amounts
    26  expended for this purpose in the preceding fiscal year and a  projection
    27  of the number of candidates likely to qualify and opt for public financ-
    28  ing  and  their expenditures in future elections; (b) an analysis of the
    29  effect of the  campaign  financing  reform  act  of  2000  on  political
    30  campaigns,  including  its  effect on the sources and amounts of private
    31  financing, the level of campaign expenditures, voter participation,  the
    32  number of candidates and the candidate's ability to campaign effectively
    33  for  public office; (c) a review of the procedures utilized in providing
    34  public funds to candidates; and (d)  such  recommended  changes  in  the
    35  campaign financing reform act of 2000 as it deems appropriate.
    36    § 35. This act shall take effect immediately, except:

    37    a.  The  provisions  of title II of article 14 of the election law, as
    38  added by section five of this act, and the amendments to subdivision  11
    39  of  section 14-100 of the election law made by section nine of this act,
    40  shall first apply in elections held for  state  legislative  offices  in
    41  2002, shall first apply in elections held for statewide offices in 2002,
    42  shall  apply  to  the  first election for delegates to a state constitu-
    43  tional convention held after the effective date of this act, and  there-
    44  after  shall  apply  in elections for all such offices; provided further
    45  and except that:
    46    The amendments to subdivision 1 of section 14-114 of the election  law
    47  made  by section seventeen of this act, sections eighteen and twenty-one
    48  of this act, and section 4-113 of the election law, as added by  section
    49  twenty-seven of this act, shall take effect December 1, 2000.

    50    b.  Section  14-105 of the election law, as added by section twelve of
    51  this act, shall take effect June 1, 2001.
    52    c. The amendment to section 14-104 of the election law made by section
    53  eleven of this act shall take effect December 1, 2000.
    54    d. Section 14-106 of the election law, as added by section thirteen of
    55  this act, shall take effect on the first day of January next  succeeding
    56  the  date  on  which this act shall have become a law, provided however,

        A. 6940--B                         29
 
     1  that effective immediately, the addition, amendment and/or repeal of any
     2  rules or regulations necessary for the implementation  of  such  section
     3  14-106  on  its effective date is authorized and directed to be made and
     4  completed on or before such effective date.
     5    e. The amendment to section 1-c of the legislative law made by section

     6  thirty of this act shall not affect the repeal of such section and shall
     7  be deemed repealed therewith.
     8    f.  The  amendments  to  sections 1-m-l and 1-n of the legislative law
     9  made by sections thirty-one and thirty-two of this act shall be repealed
    10  on the same date as article 1-A of the legislative law  as  provided  by
    11  chapter 2 of the laws of 1999.
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