Amd SS10.00, 195.20, 200.00, 200.03 & 200.04, add SS195.18 & 200.28, Pen L; amd SS73-a & 74, ren S81 to be
S80, add S80, Pub Off L; amd S80, Leg L; amd S94, Exec L; ren S99-d to be S99-t, add S99-u, St Fin L; amd
S211, Judy L; amd SS14-100, 14-104, 14-108 & 14-120, El L
Creates the Public Corruption Prevention and Enforcement Act; increases penalties for violations relating to scheme to defraud the government, duty to provide faithful public services, bribery; increases penalties for financial disclosure violations by public officials; relates to community project grants; provides for an executive community projects fund; inspection of annual statements; election law provisions.
STATE OF NEW YORK
________________________________________________________________________
S. 7707--A A. 10942--A
SENATE - ASSEMBLY
May 4, 2010
___________
IN SENATE -- Introduced by Sens. SCHNEIDERMAN, C. JOHNSON, BRESLIN,
ADDABBO, AUBERTINE, BONACIC, DUANE, KRUEGER, PERALTA, SERRANO, SQUA-
DRON, STAVISKY, STEWART-COUSINS, VALESKY -- read twice and ordered
printed, and when printed to be committed to the Committee on Codes --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. KELLNER, KOON, BACALLES, CORWIN,
MOLINARO, GABRYSZAK -- Multi-Sponsored by -- M. of A. DUPREY, JOHN,
QUINN, SWEENEY, TOWNSEND -- read once and referred to the Committee on
Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the penal law, in relation to increasing penalties for
violations relating to scheme to defraud the government, bribery, and
duty to provide faithful public services; to amend the public officers
law, in relation to faithful public services and increases penalties
for financial disclosure violations, and in relation to community
project grants; to amend the legislative law, in relation to reporting
requirements; to amend the executive law, in relation to making tech-
nical changes thereto; to amend the state finance law, in relation to
the legislative community projects fund and executive community
projects fund; to amend the judiciary law, in relation to the
inspection of annual statements of financial disclosure; and to amend
the election law, in relation to campaign contributions and expendi-
tures
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 "public
2 corruption prevention and enforcement act of 2010".
3 § 2. Section 10.00 of the penal law is amended by adding three new
4 subdivisions 21, 22 and 23 to read as follows:
5 21. For the purposes of sections 195.18 and 195.20 of this chapter
6 "scheme" means any plan, pattern, device, contrivance, or course of
7 action, and "intent to defraud" includes an intent to deprive the state
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16966-12-0
S. 7707--A 2 A. 10942--A
1 or a political subdivision of the state or a governmental instrumentali-
2 ty of faithful public services.
3 22. "Faithful public services" means conduct that is free of undis-
4 closed self-dealing and free of the unauthorized or unlawful conferral
5 or intended conferral of a benefit, directly or indirectly, on a public
6 servant.
7 23. "Self-dealing" means any action taken by a public servant in his
8 or her official capacity with intent to benefit himself or herself,
9 directly or indirectly, and which relates to his or her private business
10 interests.
11 § 3. Section 195.20 of the penal law, as amended by chapter 1 of the
12 laws of 2010, is amended to read as follows:
13 § 195.20 [Defrauding] Scheme to defraud the government in the first
14 degree.
15 A person is guilty of [defrauding] a scheme to defraud the government
16 in the first degree when, being a public servant or party officer or
17 acting in concert with a public servant or party officer, he or she:
18 (a) engages in a scheme constituting a systematic ongoing course of
19 conduct with intent to:
20 (i) defraud the state or a political subdivision of the state or a
21 governmental instrumentality within the state; or
22 (ii) to obtain property, services or other resources from the state or
23 a political subdivision of the state or a governmental instrumentality
24 within the state by false or fraudulent pretenses, representations or
25 promises; or
26 [(ii)] (iii) defraud the state or a political subdivision of the state
27 or a governmental instrumentality within the state by making use of
28 property, services or resources of the state, political subdivision of
29 the state or a governmental instrumentality within the state for private
30 business purposes or other compensated non-governmental purposes; and
31 (b) either (i) so obtains property, services or other resources with a
32 value in excess of one thousand dollars from such state, political
33 subdivision or governmental instrumentality, or (ii) confers or obtains
34 a benefit or benefits, directly or indirectly, with a combined value in
35 excess of one thousand dollars.
36 [Defrauding] Scheme to defraud the government in the first degree is a
37 class [E] D felony.
38 § 4. The penal law is amended by adding a new section 195.18 to read
39 as follows:
40 § 195.18 Scheme to defraud the government in the second degree.
41 A person is guilty of a scheme to defraud the government in the second
42 degree when, being a public servant or party officer or acting in
43 concert with a public servant or party officer, he or she engages in a
44 scheme constituting a systematic ongoing course of conduct with intent
45 to:
46 (a) defraud the state or a political subdivision of the state or a
47 governmental instrumentality within the state; or
48 (b) obtain property, services or other resources from the state or a
49 political subdivision of the state or a governmental instrumentality
50 within the state by false or fraudulent pretenses, representations or
51 promises; or
52 (c) defraud the state or a political subdivision of the state or a
53 governmental instrumentality within the state by making use of property,
54 services or resources of the state, political subdivision of the state
55 or a governmental instrumentality within the state for private business
56 purposes or other compensated non-governmental purposes.
S. 7707--A 3 A. 10942--A
1 Scheme to defraud the government in the second degree is a class E
2 felony.
3 § 5. Section 200.00 of the penal law, as amended by chapter 833 of the
4 laws of 1986, is amended to read as follows:
5 § 200.00 Bribery in the third degree.
6 A person is guilty of bribery in the third degree when he or she
7 confers, or offers or agrees to confer, any benefit upon a public serv-
8 ant [upon an agreement or understanding that] with the intent to influ-
9 ence such public servant's vote, opinion, judgment, action, decision or
10 exercise of discretion as a public servant [will thereby be influenced].
11 Bribery in the third degree is a class D felony.
12 § 6. Section 200.03 of the penal law, as amended by chapter 833 of the
13 laws of 1986, is amended to read as follows:
14 § 200.03 Bribery in the second degree.
15 A person is guilty of bribery in the second degree when he or she
16 confers, or offers or agrees to confer, any benefit valued in excess of
17 ten thousand dollars upon a public servant [upon an agreement or under-
18 standing that] with the intent to influence such public servant's vote,
19 opinion, judgment, action, decision or exercise of discretion as a
20 public servant [will thereby be influenced].
21 Bribery in the second degree is a class C felony.
22 § 7. Section 200.04 of the penal law, as added by chapter 276 of the
23 laws of 1973, is amended to read as follows:
24 § 200.04 Bribery in the first degree.
25 A person is guilty of bribery in the first degree when he or she
26 confers, or offers or agrees to confer, any benefit upon a public serv-
27 ant [upon an agreement or understanding that] with the intent to influ-
28 ence such public servant's vote, opinion, judgment, action, decision or
29 exercise of discretion as a public servant [will thereby be influenced]
30 in the investigation, arrest, detention, prosecution or incarceration of
31 any person for the commission or alleged commission of a class A felony
32 defined in article two hundred twenty of [the penal law] this part or an
33 attempt to commit any such class A felony.
34 Bribery in the first degree is a class B felony.
35 § 8. The penal law is amended by adding a new section 200.28 to read
36 as follows:
37 § 200.28 Duty to provide faithful public services.
38 For purposes of this article, the duties of a public servant shall
39 include but not be limited to the duty to provide faithful public
40 services. In executing the duties of his or her office, every public
41 servant shall have the duty to provide faithful public services to his
42 or her constituents and the state or political subdivision thereof, as
43 applicable. In executing the duties of his or her office or employment,
44 every public servant shall also have the duty to provide faithful public
45 services to a state or local agency or legislature, as applicable.
46 § 9. Subdivision 3 of section 73-a of the public officers law is
47 amended by adding a new paragraph 20 to read as follows:
48 20. If the reporting individual, such reporting individual's spouse or
49 domestic partner is a non-compensated director, officer or trustee, or
50 such reporting individual's relative or a relative of such reporting
51 individual's spouse or domestic partner is employed in any position at,
52 for or within a non-profit entity in New York state as described in
53 section 501(c)(3) of the United States internal revenue code, list below
54 the name of the entity, business address of the entity, name of spouse,
55 domestic partner or other relative, degree of relationship with the
S. 7707--A 4 A. 10942--A
1 reporting individual and title of the compensated or non-compensated
2 position.
3 Entity Name/ Name of Spouse/ Degree of Title or
4 Address Domestic Partner/ Relationship Position
5 Relative
6 ________________________________________________________________________
7 ________________________________________________________________________
8 ________________________________________________________________________
9 ________________________________________________________________________
10 ________________________________________________________________________
11 § 10. Subdivision 1 of section 74 of the public officers law, as
12 amended by chapter 1012 of the laws of 1965, the opening paragraph as
13 amended by chapter 14 of the laws of 2007, is amended to read as
14 follows:
15 1. [Definition. As used in this section:] Definitions of terms of
16 general use in this section:
17 a. The term "state agency" shall mean any state department, or divi-
18 sion, board, commission, or bureau of any state department or any public
19 benefit corporation or public authority at least one of whose members is
20 appointed by the governor or corporations closely affiliated with
21 specific state agencies as defined by paragraph (d) of subdivision five
22 of section fifty-three-a of the state finance law or their successors.
23 b. The term "legislative employee" shall mean any officer or employee
24 of the legislature but it shall not include members of the legislature.
25 c. The term "faithful public services" shall mean conduct that is free
26 of undisclosed self-dealing and free of the unauthorized or unlawful
27 conferral or intended conferral of a benefit, directly or indirectly, on
28 an officer or employee of a state agency, member of the legislature or
29 legislative employee. Every officer or employee of a state agency,
30 member of the legislature or legislative employee shall have a duty of
31 faithful public services with respect to his or her constituents and the
32 state or to a state agency or legislature, as applicable.
33 d. The term "self-dealing" shall mean any action taken by an officer
34 or employee of a state agency, member of the legislature or legislative
35 employee in his or her official capacity with intent to benefit himself
36 or herself, directly or indirectly, and which relates to his or her
37 private business interests.
38 § 11. Subdivision 3 of section 74 of the public officers law is
39 amended by adding a new paragraph j to read as follows:
40 j. In executing the duties of his or her office, every officer or
41 employee of a state agency, member of the legislature or legislative
42 employee shall have the duty to provide faithful public services to his
43 or her constituents and the state, as applicable. In executing the
44 duties of his or her office or employment, every officer or employee of
45 a state agency, member of the legislature or legislative employee shall
46 also have the duty to provide faithful public services to a state agency
47 or the legislature, as applicable.
48 § 12. Subdivision 4 of section 74 of the public officers law, as
49 amended by chapter 14 of the laws of 2007, is amended to read as
50 follows:
51 4. Violations. In addition to any penalty contained in any other
52 provision of law any such officer, member or employee who shall knowing-
53 ly and intentionally violate any of the provisions of this section may
54 be fined, suspended or removed from office or employment in the manner
55 provided by law. Any such individual who knowingly and intentionally
56 violates the provisions of paragraph b, c, d or i of subdivision three
S. 7707--A 5 A. 10942--A
1 of this section shall be subject to a civil penalty in an amount not to
2 exceed ten thousand dollars and the value of any gift, compensation or
3 benefit received as a result of such violation. Any such individual who
4 knowingly and intentionally violates the provisions of paragraph a, e or
5 g of subdivision three of this section shall be subject to a civil
6 penalty in an amount not to exceed the value of any gift, compensation
7 or benefit received as a result of such violation. Any such individual
8 who knowingly and intentionally violates the provisions of paragraph j
9 of subdivision three of this section shall be subject to a civil penalty
10 in an amount not to exceed ten thousand dollars and the value of any
11 gift, compensation or benefit received as a result of such violation.
12 Any such individual who, as part of or in furtherance of a scheme or
13 artifice to defraud a state agency, the legislature, any political
14 subdivision, his or her constituents or the state, as applicable, know-
15 ingly and intentionally violates the provisions of paragraph j of subdi-
16 vision three of this section shall, in addition to any penalty contained
17 in this section or any other provision of law, be guilty of a class E
18 felony.
19 § 13. Section 80 of the public officers law is renumbered section 81
20 and a new section 80 is added to article 4 to read as follows:
21 § 80. Community project grants. 1. Definitions. As used in this
22 section:
23 (a) The term "community project grant" shall mean a budgetary allo-
24 cation as funded by the legislative community projects fund as defined
25 in section ninety-nine-t of the state finance law, and the executive
26 community projects fund as defined in section ninety-nine-u of the state
27 finance law at the discretion and request of the governor or a member of
28 the legislature for a not-for-profit as defined in paragraph (d) of this
29 subdivision, university, college, school district or municipality;
30 (b) The term "sponsor" shall mean the governor or a member of the
31 legislature who makes a request for a community project grant;
32 (c) The term "grantee" shall mean the recipient of a community project
33 grant;
34 (d) The term "not-for-profit" shall mean an entity qualified as exempt
35 for federal tax purposes under section 501(c)(3) of the United States
36 internal revenue code.
37 (e) The term "relative" shall mean an individual's spouse, domestic
38 partner, child, stepchild, stepparent, or any person who is a direct
39 descendent of the grandparents of such individual or of the reporting
40 individual's spouse or domestic partner.
41 2. Standards. (a) No sponsor shall make a request for a community
42 project grant unless:
43 (i) the grantee is a not-for-profit, university, college, school
44 district and/or municipality; and
45 (ii) the grantee, if a not-for-profit, has been incorporated in the
46 state of New York for at least one year prior to April first of the year
47 in which the community project grant is requested and is registered with
48 the attorney general under section one hundred seventy-two of the execu-
49 tive law.
50 (b) No grantee shall receive a community project grant if:
51 (i) the grantee has been barred by a government agency in any juris-
52 diction as a result of inappropriate or unlawful activity within the
53 last five years;
54 (ii) any compensated or non-compensated director, officer or trustee
55 of a grantee, if a not-for-profit, has been convicted or charged with a
S. 7707--A 6 A. 10942--A
1 felony or misdemeanor that is related to the administration of such
2 grantee's business within the last five years;
3 (iii) the grantee has failed to file a required federal, state or city
4 tax return or pay taxes owed within the last five years.
5 (c) Where a violation of the provisions of this subdivision is alleged
6 to have occurred, the attorney general shall have jurisdiction under
7 section sixty-three-c of the executive law.
8 3. Prohibitions. (a) No sponsor shall request a community project
9 grant for a grantee if the sponsor or a relative of such sponsor is a
10 compensated or non-compensated director, officer or trustee.
11 (b) No sponsor or any relative of such sponsor who requests a communi-
12 ty project grant shall have a financial interest, direct or indirect, to
13 such grantee or has received or will receive any financial benefit,
14 either directly or indirectly, from such grantee or from matters
15 contained in the community project grant.
16 (c) Any sponsor who knowingly and intentionally violates any provision
17 of this subdivision shall be guilty of a class E felony. The attorney
18 general and any district attorney shall have concurrent authority to
19 investigate and prosecute violations of this subdivision.
20 4. Waiver of standards. A sponsor may request a waiver from the
21 attorney general of provisions contained in paragraph (b) of subdivision
22 two of this section. In assessing whether or not to issue a waiver, the
23 attorney general shall consider the history of the sponsor, the suit-
24 ability of a potential community project grant for the sponsor, the
25 effectiveness of any previous grants under the community project fund,
26 and any other factors the attorney general deems appropriate.
27 5. Rules and regulations. The attorney general may promulgate rules
28 and regulations necessary to effectuate the provisions of this section.
29 § 14. Subparagraph 1 of paragraph a of subdivision 14 of section 80 of
30 the legislative law, as amended by chapter 14 of the laws of 2007, is
31 amended to read as follows:
32 (1) the information set forth in an annual statement of financial
33 disclosure, including the categories of value or amount, filed pursuant
34 to section seventy-three-a of the public officers law except [the cate-
35 gories of value or amount which shall be confidential, and any other]
36 any item of information deleted pursuant to paragraph i of subdivision
37 seven of this section;
38 § 15. Subparagraph 1 of paragraph (a) of subdivision 17 of section 94
39 of the executive law, as amended by chapter 14 of the laws of 2007, is
40 amended to read as follows:
41 (1) the information set forth in an annual statement of financial
42 disclosure, including the categories of value or amount, filed pursuant
43 to section seventy-three-a of the public officers law except [the cate-
44 gories of value or amount, which shall remain confidential, and any
45 other] any item of information deleted pursuant to paragraph (h) of
46 subdivision nine of this section;
47 § 16. Section 99-d of the state finance law, as added by chapter 474
48 of the laws of 1996, is renumbered section 99-t and the section heading,
49 as added by chapter 474 of the laws of 1996, and subdivision 1, as
50 amended by section 2 of part BB of chapter 686 of the laws of 2003, are
51 amended to read as follows:
52 [Community] Legislative community projects fund. 1. There is hereby
53 established in the joint custody of the comptroller and the commissioner
54 of taxation and finance a special fund to be known as the legislative
55 community projects fund. This fund may have separate accounts designated
56 pursuant to a specific appropriation to such account or pursuant to a
S. 7707--A 7 A. 10942--A
1 written suballocation plan approved in a memorandum of understanding
2 executed by the director of the budget, the secretary of the senate
3 finance committee and the secretary of the assembly ways and means
4 committee. Such suballocation shall be submitted to the comptroller.
5 § 17. The state finance law is amended by adding a new section 99-u to
6 read as follows:
7 § 99-u. Executive community projects fund. 1. There is hereby estab-
8 lished in the joint custody of the comptroller and the commissioner of
9 taxation and finance a special fund to be known as the executive commu-
10 nity projects fund. This fund may have separate accounts designated
11 pursuant to a specific appropriation to such account or pursuant to a
12 written suballocation plan approved in a memorandum of understanding
13 executed by the director of the budget, the secretary of the senate
14 finance committee and the secretary of the assembly ways and means
15 committee. Such suballocation shall be submitted to the comptroller.
16 2. Such fund shall consist of monies transferred to such fund from the
17 general fund/state purposes account, or any other monies required to be
18 transferred or deposited, pursuant to law. Monies may not be transferred
19 or loaned between the accounts of this fund, unless specifically
20 provided (a) by law, or (b) by letter signed by the director of the
21 budget, but only upon the joint request of the secretary of the senate
22 finance committee and the secretary of the assembly ways and means
23 committee.
24 3. (a) As required to make timely payments from such accounts upon
25 presentment of proper vouchers therefor, the state comptroller shall
26 make transfers to any account in this fund up to the amounts annually
27 specified for transfer to such account and in compliance with subdivi-
28 sion two of this section, but only from such fund or funds authorized to
29 provide such transfers.
30 (b) By the close of each fiscal year, all remaining amounts not yet
31 transferred shall be transferred to the designated accounts for which
32 such transfers were authorized, up to the total amounts specified for
33 transfer to each account in each fiscal year, pursuant to law and in
34 compliance with subdivision two of this section.
35 4. Notwithstanding section forty of this chapter or any other
36 provision of law, appropriations of this fund shall be available for
37 liabilities incurred during and after the close of the fiscal year for
38 which such appropriations are enacted, provided however that such appro-
39 priations shall lapse on the fifteenth day of September following the
40 close of the fiscal year, and no monies shall thereafter be paid out of
41 the state treasury or any of its funds or the funds under its management
42 pursuant to such appropriations.
43 5. The director of the budget shall issue a certificate of approval
44 for any appropriation in any account of this fund no later than the
45 later of sixty days after the enactment of such appropriation or five
46 days after the execution of a written suballocation plan pursuant to the
47 provisions of subdivision one of this section. Such approval shall
48 satisfy any other requirement for a certificate of approval.
49 6. (a) The state shall not be liable for payments pursuant to any
50 contract, grant or agreement made pursuant to an appropriation in any
51 account of this fund if insufficient monies are available for transfer
52 to such account of this fund, after required transfers pursuant to
53 subdivision three of this section. Except with respect to, grants, or
54 agreements executed by any state officer, employee, department, institu-
55 tion, commission, board, or other agency of the state prior to the
56 effective date of this section, any contract, grant or agreement made
S. 7707--A 8 A. 10942--A
1 pursuant to an appropriation in this fund shall incorporate this
2 provision as a term of such contract, grant or agreement.
3 (b) The exhaustion of funds available for such transfers shall not
4 preclude the approval of contracts hereunder pursuant to section one
5 hundred twelve of this chapter. Notwithstanding any other provision of
6 law, interest shall not be due to any recipient for any late payments
7 made from this fund which result from insufficient monies being avail-
8 able in an account of this fund.
9 7. Monies shall be paid out of such accounts on the audit and warrant
10 of the state comptroller on vouchers certified or approved by the head
11 of the appropriate agency.
12 § 18. Subdivision 4 of section 211 of the judiciary law, as amended by
13 chapter 188 of the laws of 1990, is amended to read as follows:
14 4. By September first, nineteen hundred eighty-eight, the chief judge,
15 after consultation with the administrative board, shall approve a form
16 of annual statement of financial disclosure which form shall apply to
17 all judges, justices, officers and employees of the courts of record of
18 the unified court system, who receive annual compensation at or above
19 the filing rate defined by paragraph (l) of subdivision one of section
20 seventy-three-a of the public officers law or are determined to hold a
21 policy-making position pursuant to the rules and regulations promulgated
22 pursuant to this subdivision. Such form of annual statement of financial
23 disclosure shall be substantially similar to the form set forth in
24 subdivision three of section seventy-three-a of the public officers law.
25 Within one year after approval of such form, the chief judge shall cause
26 the chief administrator of the courts to promulgate rules or regulations
27 which require every judge, justice, officer and employee of the courts
28 of record of the unified court system, who receives annual compensation
29 at or above the filing rate defined by paragraph (l) of subdivision one
30 of section seventy-three-a of the public officers law or is determined
31 to hold a policy-making position, to report the information required by
32 the approved form effective first with respect to a filing which shall
33 be required in nineteen hundred ninety-one (generally applicable to
34 information for the preceding calendar year) and thereafter, effective
35 for future annual filings. Such rules and regulations shall also provide
36 for the determination, by the appointing authority, of policy-makers who
37 shall be required to file the annual statement of financial disclosure
38 required by this subdivision. Any judge, justice, officer or employee of
39 the courts of record of the unified court system who, pursuant to such
40 rules or regulations, is required to file a completed annual statement
41 of financial disclosure and who makes such filing in accordance with the
42 requirements contained in such rules or regulations, shall be deemed to
43 have satisfied the requirements of any other law mandating the filing of
44 a completed annual statement of financial disclosure for the applicable
45 calendar year which might otherwise apply to such judges, justices,
46 officers or employees, and no duplicate filing shall be required on
47 account of any other such law, notwithstanding the provisions of such
48 other law. Notwithstanding the provisions of article six of the public
49 officers law or any rule or regulation to the contrary, the ethics
50 commission for the unified court system shall make available for public
51 inspection the information set forth in the annual statement of finan-
52 cial disclosure filed pursuant to this subdivision, including the cate-
53 gories of value or amount. Notwithstanding the provision of article six
54 of the public officers law, the ethics commission for the unified court
55 system may choose to keep confidential the names of the unemancipated
56 children on the annual statement of financial disclosure filed pursuant
S. 7707--A 9 A. 10942--A
1 to this subdivision, any item of information deleted pursuant to judici-
2 ary rules and other records of such commission as it sees fit.
3 § 19. Paragraph 1 and the opening paragraph of paragraph 3 of subdivi-
4 sion 9 of section 14-100 of the election law, as amended by chapter 70
5 of the laws of 1983, are amended to read as follows:
6 (1) any gift, subscription, outstanding loan (to the extent provided
7 for in section 14-114 of this [chapter] article), advance, or deposit of
8 money or any thing of value, made in connection with the nomination for
9 election, or election, of any candidate, or made to promote the success
10 or defeat of a political party or principle, or of any ballot proposal,
11 any payment, by any person other than a candidate or a political
12 committee authorized by the candidate, made in connection with the nomi-
13 nation for election or election of any candidate, or any payment made to
14 promote the success or defeat of a political party or principle, or of
15 any ballot proposal including but not limited to compensation for the
16 personal services of any individual which are rendered in connection
17 with a candidate's election or nomination without charge; provided
18 however, that none of the foregoing in this paragraph shall be deemed a
19 contribution if it is made, taken or performed by a candidate or his
20 spouse or by a person or a political committee independent of the candi-
21 date or his or her agents or authorized political committees. For
22 purposes of this article, the term "independent of the candidate or his
23 agents or authorized political committees" shall mean that the candidate
24 or his agents or authorized political committees did not authorize,
25 request, suggest, foster or cooperate in any such activity; and provided
26 further, that the term contribution shall not include:
27 § 20. Subdivision 1 of section 14-104 of the election law, as amended
28 by chapter 430 of the laws of 1997, is amended to read as follows:
29 1. (a) Any candidate for election to public office, or for nomination
30 for public office at a contested primary election or convention, or for
31 election to a party position at a primary election, shall file state-
32 ments sworn, or subscribed and bearing a form notice that false state-
33 ments made therein are punishable as a class A misdemeanor pursuant to
34 section 210.45 of the penal law, at the times prescribed by this article
35 setting forth the particulars specified by section 14-102 of this arti-
36 cle, as to all moneys or other valuable things, paid, given, expended or
37 promised by him or her, except as described in paragraph (b) of this
38 subdivision to aid his or her own nomination or election, or to promote
39 the success or defeat of a political party, or to aid or influence the
40 nomination or election or the defeat of any other candidate to be voted
41 for at the election or primary election or at a convention, including
42 contributions to political committees, officers, members or agents ther-
43 eof, and transfers, receipts and contributions to him or her to be used
44 for any of the purposes above specified, or in lieu thereof, any such
45 candidate may file such a sworn statement at the first filing period, on
46 a form prescribed by the state board of elections that such candidate
47 has not made [no] any such expenditures or received any funds and does
48 not intend to make any such expenditures, except through a political
49 committee authorized by such candidate pursuant to this article. A
50 committee authorized by such a candidate may fulfill all of the filing
51 requirements of this [act] article on behalf of such candidate. If a
52 candidate files a sworn statement pursuant to this subdivision, the
53 candidate becomes an agent of the committee.
54 (b) Any candidate for election to public office, or for nomination for
55 public office at a contested primary election or convention, and such
56 candidate's spouse or domestic partner, shall file statements sworn, or
S. 7707--A 10 A. 10942--A
1 subscribed and bearing a form notice that false statements made therein
2 are punishable as a class A misdemeanor pursuant to section 210.45 of
3 the penal law, disclosing all gifts and all loans, excluding loans from
4 a financial institution, in excess of one thousand dollars (i) by the
5 last date to accept or decline a designation or nomination, whichever is
6 earlier, if the candidate has not declined, for the twelve months imme-
7 diately preceding such statement and (ii) at times prescribed by this
8 article setting forth the particulars in section 14-102 of this article.
9 A committee authorized by a candidate may not fulfill the filing
10 requirements of this paragraph on behalf of such candidate or such
11 candidate's spouse or domestic partner.
12 § 21. Subdivision 2 of section 14-108 of the election law, as amended
13 by chapter 109 of the laws of 1997, is amended to read as follows:
14 2. Each statement shall cover the period up to and including the
15 fourth day next preceding the day specified for the filing thereof;
16 provided, however, that any contribution, gift or loan in excess of one
17 thousand dollars, if received after the close of the period to be
18 covered in the last statement filed before any primary, general or
19 special election but before such election, shall be reported, in the
20 same manner as other contributions, gifts or loans, within twenty-four
21 hours after receipt.
22 § 22. Subdivision 1 of section 14-120 of the election law, as amended
23 by chapter 79 of the laws of 1992, is amended to read as follows:
24 1. No person shall in any name except his own, directly or indirectly,
25 make a contribution, loan or payment or a promise of a contribution,
26 loan or payment to a candidate or political committee or to any officer
27 or member thereof, or to any person acting under its authority or in its
28 behalf or on behalf of any candidate, nor shall any such committee or
29 any such person or candidate knowingly receive a contribution, loan or
30 payment or promise of a contribution, loan or payment, or enter or cause
31 the same to be entered in the accounts or records of such committee, in
32 any name other than that of the person or persons by whom it is made.
33 It shall be no defense to a violation of this section that the person
34 giving the contribution, loan or payment provides the contribution, loan
35 or payment to a candidate prior to the candidate giving it to the
36 campaign committee.
37 § 23. If any clause, sentence, paragraph, section or part of this act
38 shall be adjudged by any court of competent jurisdiction to be invalid,
39 such judgment shall not affect, impair, or invalidate the remainder
40 thereof.
41 § 24. This act shall take effect immediately; provided, however, that
42 sections nine through twenty-two of this act shall take effect on the
43 sixtieth day after it shall have become a law.
