S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2654

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

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, increasing penalties for
  financial disclosure violations,  and  community  project  grants;  to
  amend the executive law, in relation to making technical changes ther-
  eto;  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 expenditures

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title.  This act shall be known and may be  cited  as
the "public corruption prevention and enforcement act of 2013".
  S  2.  Section  10.00  of the penal law is amended by adding three new
subdivisions 22, 23 and 24 to read as follows:
  22. FOR THE PURPOSES OF SECTIONS 195.18 AND  195.20  OF  THIS  CHAPTER
"SCHEME"  MEANS  ANY  PLAN,  PATTERN,  DEVICE,  CONTRIVANCE OR COURSE OF
ACTION, AND "INTENT TO DEFRAUD" INCLUDES AN INTENT TO DEPRIVE THE  STATE
OR A POLITICAL SUBDIVISION OF THE STATE OR A GOVERNMENTAL INSTRUMENTALI-
TY OF FAITHFUL PUBLIC SERVICES.
  23.  "FAITHFUL  PUBLIC  SERVICES" MEANS CONDUCT THAT IS FREE OF UNDIS-
CLOSED SELF-DEALING AND FREE OF THE UNAUTHORIZED OR  UNLAWFUL  CONFERRAL
OR  INTENDED CONFERRAL OF A BENEFIT, DIRECTLY OR INDIRECTLY, ON A PUBLIC
SERVANT.
  24. "SELF-DEALING" MEANS ANY ACTION TAKEN BY A PUBLIC SERVANT  IN  HIS
OR  HER  OFFICIAL  CAPACITY  WITH  INTENT TO BENEFIT HIMSELF OR HERSELF,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02173-04-3

              

S. 2654                             2

DIRECTLY OR INDIRECTLY, AND WHICH RELATES TO HIS OR HER PRIVATE BUSINESS
INTERESTS.
  S  3.  Section 195.20 of the penal law, as amended by chapter 1 of the
laws of 2010, is amended to read as follows:
S 195.20 [Defrauding] SCHEME TO DEFRAUD  the  government  IN  THE  FIRST
           DEGREE.
  A  person is guilty of [defrauding] A SCHEME TO DEFRAUD the government
IN THE FIRST DEGREE when, being a public servant  or  party  officer  OR
ACTING IN CONCERT WITH A PUBLIC SERVANT OR PARTY OFFICER, he or she:
  (a)  engages  in  a scheme constituting a systematic ongoing course of
conduct with intent to:
  (i) defraud the state or a political subdivision of  the  state  or  a
governmental instrumentality within the state; or
  (II) to obtain property, services or other resources from the state or
a  political  subdivision of the state or a governmental instrumentality
within the state by false or fraudulent  pretenses,  representations  or
promises; or
  [(ii)] (III) defraud the state or a political subdivision of the state
or  a  governmental  instrumentality  within  the state by making use of
property, services or resources of the state, political  subdivision  of
the state or a governmental instrumentality within the state for private
business purposes or other compensated non-governmental purposes; and
  (b) EITHER:
  (I)  so  obtains property, services or other resources with a value in
excess of one thousand dollars from such state, political subdivision or
governmental instrumentality; OR
  (II) CONFERS OR OBTAINS A BENEFIT OR BENEFITS, DIRECTLY OR INDIRECTLY,
WITH A COMBINED VALUE IN EXCESS OF ONE THOUSAND DOLLARS.
  [Defrauding] SCHEME TO DEFRAUD the government IN THE FIRST DEGREE is a
class [E] D felony.
  S 4. The penal law is amended by adding a new section 195.18  to  read
as follows:
S 195.18 SCHEME TO DEFRAUD THE GOVERNMENT IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF A SCHEME TO DEFRAUD THE GOVERNMENT IN THE SECOND
DEGREE  WHEN,  BEING  A  PUBLIC  SERVANT  OR  PARTY OFFICER OR ACTING IN
CONCERT WITH A PUBLIC SERVANT OR PARTY OFFICER, HE OR SHE ENGAGES  IN  A
SCHEME  CONSTITUTING  A SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT
TO:
  (A) DEFRAUD THE STATE OR A POLITICAL SUBDIVISION OF  THE  STATE  OR  A
GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE; OR
  (B)  OBTAIN  PROPERTY, SERVICES OR OTHER RESOURCES FROM THE STATE OR A
POLITICAL SUBDIVISION OF THE STATE  OR  A  GOVERNMENTAL  INSTRUMENTALITY
WITHIN  THE  STATE  BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR
PROMISES; OR
  (C) DEFRAUD THE STATE OR A POLITICAL SUBDIVISION OF  THE  STATE  OR  A
GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE BY MAKING USE OF PROPERTY,
SERVICES  OR  RESOURCES OF THE STATE, POLITICAL SUBDIVISION OF THE STATE
OR A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE FOR PRIVATE  BUSINESS
PURPOSES OR OTHER COMPENSATED NON-GOVERNMENTAL PURPOSES.
  SCHEME  TO  DEFRAUD  THE  GOVERNMENT IN THE SECOND DEGREE IS A CLASS E
FELONY.
  S 5. Section 200.00 of the penal law, as amended by chapter 833 of the
laws of 1986, is amended to read as follows:
S 200.00 Bribery in the third degree.
  A person is guilty of bribery in the  third  degree  when  he  OR  SHE
confers,  or offers or agrees to confer, any benefit upon a public serv-

S. 2654                             3

ant [upon an agreement or understanding that] WITH THE INTENT TO  INFLU-
ENCE  such public servant's vote, opinion, judgment, action, decision or
exercise of discretion as a public servant [will thereby be influenced].
  Bribery in the third degree is a class D felony.
  S 6. Section 200.03 of the penal law, as amended by chapter 833 of the
laws of 1986, is amended to read as follows:
S 200.03 Bribery in the second degree.
  A  person  is  guilty  of  bribery in the second degree when he OR SHE
confers, or offers or agrees to confer, any benefit valued in excess  of
ten  thousand dollars upon a public servant [upon an agreement or under-
standing that] WITH THE INTENT TO INFLUENCE such public servant's  vote,
opinion,  judgment,  action,  decision  or  exercise  of discretion as a
public servant [will thereby be influenced].
  Bribery in the second degree is a class C felony.
  S 7. Section 200.04 of the penal law, as added by chapter 276  of  the
laws of 1973, is amended to read as follows:
S 200.04 Bribery in the first degree.
  A  person  is  guilty  of  bribery  in the first degree when he OR SHE
confers, or offers or agrees to confer, any benefit upon a public  serv-
ant  [upon an agreement or understanding that] WITH THE INTENT TO INFLU-
ENCE such public servant's vote, opinion, judgment, action, decision  or
exercise  of discretion as a public servant [will thereby be influenced]
in the investigation, arrest, detention, prosecution or incarceration of
any person for the commission or alleged commission of a class A  felony
defined in article two hundred twenty of [the penal law] THIS PART or an
attempt to commit any such class A felony.
  Bribery in the first degree is a class B felony.
  S  8.  The penal law is amended by adding a new section 200.28 to read
as follows:
S 200.28 DUTY TO PROVIDE FAITHFUL PUBLIC SERVICES.
  FOR PURPOSES OF THIS ARTICLE, THE DUTIES OF  A  PUBLIC  SERVANT  SHALL
INCLUDE  BUT  NOT  BE  LIMITED  TO  THE  DUTY TO PROVIDE FAITHFUL PUBLIC
SERVICES.  IN EXECUTING THE DUTIES OF HIS OR HER  OFFICE,  EVERY  PUBLIC
SERVANT  SHALL  HAVE THE DUTY TO PROVIDE FAITHFUL PUBLIC SERVICES TO HIS
OR HER CONSTITUENTS AND THE STATE OR POLITICAL SUBDIVISION  THEREOF,  AS
APPLICABLE.  IN EXECUTING THE DUTIES OF HIS OR HER OFFICE OR EMPLOYMENT,
EVERY PUBLIC SERVANT SHALL ALSO HAVE THE DUTY TO PROVIDE FAITHFUL PUBLIC
SERVICES TO A STATE OR LOCAL AGENCY OR LEGISLATURE, AS APPLICABLE.
  S 9. Subdivision 3 of section 73-a  of  the  public  officers  law  is
amended by adding a new paragraph 20 to read as follows:
  20. IF THE REPORTING INDIVIDUAL, SUCH REPORTING INDIVIDUAL'S SPOUSE OR
DOMESTIC  PARTNER  IS A NON-COMPENSATED DIRECTOR, OFFICER OR TRUSTEE, OR
SUCH REPORTING INDIVIDUAL'S RELATIVE OR A  RELATIVE  OF  SUCH  REPORTING
INDIVIDUAL'S  SPOUSE OR DOMESTIC PARTNER IS EMPLOYED IN ANY POSITION AT,
FOR OR WITHIN A NON-PROFIT ENTITY IN NEW  YORK  STATE  AS  DESCRIBED  IN
SECTION 501(C)(3) OF THE UNITED STATES INTERNAL REVENUE CODE, LIST BELOW
THE  NAME OF THE ENTITY, BUSINESS ADDRESS OF THE ENTITY, NAME OF SPOUSE,
DOMESTIC PARTNER OR OTHER RELATIVE,  DEGREE  OF  RELATIONSHIP  WITH  THE
REPORTING  INDIVIDUAL  AND  TITLE  OF THE COMPENSATED OR NON-COMPENSATED
POSITION.
ENTITY NAME/        NAME OF SPOUSE/     DEGREE OF      TITLE OR
ADDRESS             DOMESTIC PARTNER/   RELATIONSHIP   POSITION
                    RELATIVE
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

S. 2654                             4

________________________________________________________________________
________________________________________________________________________
  S 10. Subdivision 1 of section 74  of  the  public  officers  law,  as
amended  by  chapter  1012 of the laws of 1965, the opening paragraph as
amended by chapter 14 of the  laws  of  2007,  is  amended  to  read  as
follows:
  1.  [Definition.  As  used  in  this section:] DEFINITIONS OF TERMS OF
GENERAL USE IN THIS SECTION:
  A. The term "state agency" shall mean any state department,  or  divi-
sion, board, commission, or bureau of any state department or any public
benefit corporation or public authority at least one of whose members is
appointed  by  the  governor  or  corporations  closely  affiliated with
specific state agencies as defined by paragraph (d) of subdivision  five
of section fifty-three-a of the state finance law or their successors.
  B.  The term "legislative employee" shall mean any officer or employee
of the legislature but it shall not include members of the legislature.
  C. THE TERM "FAITHFUL PUBLIC SERVICES" SHALL MEAN CONDUCT THAT IS FREE
OF UNDISCLOSED SELF-DEALING AND FREE OF  THE  UNAUTHORIZED  OR  UNLAWFUL
CONFERRAL OR INTENDED CONFERRAL OF A BENEFIT, DIRECTLY OR INDIRECTLY, ON
AN  OFFICER  OR EMPLOYEE OF A STATE AGENCY, MEMBER OF THE LEGISLATURE OR
LEGISLATIVE EMPLOYEE.   EVERY OFFICER OR EMPLOYEE  OF  A  STATE  AGENCY,
MEMBER  OF  THE LEGISLATURE OR LEGISLATIVE EMPLOYEE SHALL HAVE A DUTY OF
FAITHFUL PUBLIC SERVICES WITH RESPECT TO HIS OR HER CONSTITUENTS AND THE
STATE OR TO A STATE AGENCY OR LEGISLATURE, AS APPLICABLE.
  D. THE TERM "SELF-DEALING" SHALL MEAN ANY ACTION TAKEN BY  AN  OFFICER
OR  EMPLOYEE OF A STATE AGENCY, MEMBER OF THE LEGISLATURE OR LEGISLATIVE
EMPLOYEE IN HIS OR HER OFFICIAL CAPACITY WITH INTENT TO BENEFIT  HIMSELF
OR  HERSELF,  DIRECTLY  OR  INDIRECTLY,  AND WHICH RELATES TO HIS OR HER
PRIVATE BUSINESS INTERESTS.
  S 11. Subdivision 3 of section  74  of  the  public  officers  law  is
amended by adding a new paragraph j to read as follows:
  J.  IN  EXECUTING  THE  DUTIES  OF HIS OR HER OFFICE, EVERY OFFICER OR
EMPLOYEE OF A STATE AGENCY, MEMBER OF  THE  LEGISLATURE  OR  LEGISLATIVE
EMPLOYEE  SHALL HAVE THE DUTY TO PROVIDE FAITHFUL PUBLIC SERVICES TO HIS
OR HER CONSTITUENTS AND THE  STATE,  AS  APPLICABLE.  IN  EXECUTING  THE
DUTIES  OF HIS OR HER OFFICE OR EMPLOYMENT, EVERY OFFICER OR EMPLOYEE OF
A STATE AGENCY, MEMBER OF THE LEGISLATURE OR LEGISLATIVE EMPLOYEE  SHALL
ALSO HAVE THE DUTY TO PROVIDE FAITHFUL PUBLIC SERVICES TO A STATE AGENCY
OR THE LEGISLATURE, AS APPLICABLE.
  S  12.  Subdivision  4  of  section  74 of the public officers law, as
amended by chapter 14 of the  laws  of  2007,  is  amended  to  read  as
follows:
  4.  Violations.  In  addition  to  any  penalty contained in any other
provision of law any such officer, member or employee who shall knowing-
ly and intentionally violate any of the provisions of this  section  may
be  fined,  suspended or removed from office or employment in the manner
provided by law. Any such individual  who  knowingly  and  intentionally
violates  the  provisions of paragraph b, c, d or i of subdivision three
of this section shall be subject to a civil penalty in an amount not  to
exceed  ten  thousand dollars and the value of any gift, compensation or
benefit received as a result of such violation. Any such individual  who
knowingly and intentionally violates the provisions of paragraph a, e or
g  of  subdivision  three  of  this  section shall be subject to a civil
penalty in an amount not to exceed the value of any  gift,  compensation
or  benefit received as a result of such violation.  ANY SUCH INDIVIDUAL
WHO KNOWINGLY AND INTENTIONALLY VIOLATES THE PROVISIONS OF  PARAGRAPH  J

S. 2654                             5

OF SUBDIVISION THREE OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY
IN  AN  AMOUNT  NOT  TO EXCEED TEN THOUSAND DOLLARS AND THE VALUE OF ANY
GIFT, COMPENSATION OR BENEFIT RECEIVED AS A RESULT  OF  SUCH  VIOLATION.
ANY  SUCH  INDIVIDUAL  WHO,  AS PART OF OR IN FURTHERANCE OF A SCHEME OR
ARTIFICE TO DEFRAUD A  STATE  AGENCY,  THE  LEGISLATURE,  ANY  POLITICAL
SUBDIVISION,  HIS OR HER CONSTITUENTS OR THE STATE, AS APPLICABLE, KNOW-
INGLY AND INTENTIONALLY VIOLATES THE PROVISIONS OF PARAGRAPH J OF SUBDI-
VISION THREE OF THIS SECTION SHALL, IN ADDITION TO ANY PENALTY CONTAINED
IN THIS SECTION OR ANY OTHER PROVISION OF LAW, BE GUILTY OF  A  CLASS  E
FELONY.
  S  13.  Section 80 of the public officers law is renumbered section 81
and a new section 80 is added to article 4 to read as follows:
  S 80. COMMUNITY PROJECT  GRANTS.  1.  DEFINITIONS.  AS  USED  IN  THIS
SECTION:
  (A)  THE  TERM  "COMMUNITY PROJECT GRANT" SHALL MEAN A BUDGETARY ALLO-
CATION AS FUNDED BY THE LEGISLATIVE COMMUNITY PROJECTS FUND  AS  DEFINED
IN  SECTION  NINETY-NINE-V  OF  THE STATE FINANCE LAW, AND THE EXECUTIVE
COMMUNITY PROJECTS FUND AS DEFINED IN SECTION NINETY-NINE-U OF THE STATE
FINANCE LAW AT THE DISCRETION AND REQUEST OF THE GOVERNOR OR A MEMBER OF
THE LEGISLATURE FOR A NOT-FOR-PROFIT AS DEFINED IN PARAGRAPH (D) OF THIS
SUBDIVISION, UNIVERSITY, COLLEGE, SCHOOL DISTRICT OR MUNICIPALITY;
  (B) THE TERM "SPONSOR" SHALL MEAN THE GOVERNOR  OR  A  MEMBER  OF  THE
LEGISLATURE WHO MAKES A REQUEST FOR A COMMUNITY PROJECT GRANT;
  (C) THE TERM "GRANTEE" SHALL MEAN THE RECIPIENT OF A COMMUNITY PROJECT
GRANT;
  (D) THE TERM "NOT-FOR-PROFIT" SHALL MEAN AN ENTITY QUALIFIED AS EXEMPT
FOR  FEDERAL  TAX  PURPOSES UNDER SECTION 501(C)(3) OF THE UNITED STATES
INTERNAL REVENUE CODE.
  (E) THE TERM "RELATIVE" SHALL MEAN AN  INDIVIDUAL'S  SPOUSE,  DOMESTIC
PARTNER,  CHILD,  STEPCHILD,  STEPPARENT,  OR ANY PERSON WHO IS A DIRECT
DESCENDENT OF THE GRANDPARENTS OF SUCH INDIVIDUAL OR  OF  THE  REPORTING
INDIVIDUAL'S SPOUSE OR DOMESTIC PARTNER.
  2.  STANDARDS.  (A)  NO  SPONSOR  SHALL MAKE A REQUEST FOR A COMMUNITY
PROJECT GRANT UNLESS:
  (I) THE GRANTEE  IS  A  NOT-FOR-PROFIT,  UNIVERSITY,  COLLEGE,  SCHOOL
DISTRICT AND/OR MUNICIPALITY; AND
  (II)  THE  GRANTEE,  IF A NOT-FOR-PROFIT, HAS BEEN INCORPORATED IN THE
STATE OF NEW YORK FOR AT LEAST ONE YEAR PRIOR TO APRIL FIRST OF THE YEAR
IN WHICH THE COMMUNITY PROJECT GRANT IS REQUESTED AND IS REGISTERED WITH
THE ATTORNEY GENERAL UNDER SECTION ONE HUNDRED SEVENTY-TWO OF THE EXECU-
TIVE LAW.
  (B) NO GRANTEE SHALL RECEIVE A COMMUNITY PROJECT GRANT IF:
  (I) THE GRANTEE HAS BEEN BARRED BY A GOVERNMENT AGENCY IN  ANY  JURIS-
DICTION  AS  A  RESULT  OF INAPPROPRIATE OR UNLAWFUL ACTIVITY WITHIN THE
LAST FIVE YEARS;
  (II) ANY COMPENSATED OR NON-COMPENSATED DIRECTOR, OFFICER  OR  TRUSTEE
OF  A GRANTEE, IF A NOT-FOR-PROFIT, HAS BEEN CONVICTED OR CHARGED WITH A
FELONY OR MISDEMEANOR THAT IS RELATED  TO  THE  ADMINISTRATION  OF  SUCH
GRANTEE'S BUSINESS WITHIN THE LAST FIVE YEARS;
  (III) THE GRANTEE HAS FAILED TO FILE A REQUIRED FEDERAL, STATE OR CITY
TAX RETURN OR PAY TAXES OWED WITHIN THE LAST FIVE YEARS.
  (C) WHERE A VIOLATION OF THE PROVISIONS OF THIS SUBDIVISION IS ALLEGED
TO  HAVE  OCCURRED,  THE  ATTORNEY GENERAL SHALL HAVE JURISDICTION UNDER
SECTION SIXTY-THREE-C OF THE EXECUTIVE LAW.

S. 2654                             6

  3. PROHIBITIONS. (A) NO SPONSOR  SHALL  REQUEST  A  COMMUNITY  PROJECT
GRANT  FOR  A  GRANTEE IF THE SPONSOR OR A RELATIVE OF SUCH SPONSOR IS A
COMPENSATED OR NON-COMPENSATED DIRECTOR, OFFICER OR TRUSTEE.
  (B) NO SPONSOR OR ANY RELATIVE OF SUCH SPONSOR WHO REQUESTS A COMMUNI-
TY PROJECT GRANT SHALL HAVE A FINANCIAL INTEREST, DIRECT OR INDIRECT, TO
SUCH  GRANTEE  OR  HAS  RECEIVED  OR WILL RECEIVE ANY FINANCIAL BENEFIT,
EITHER DIRECTLY  OR  INDIRECTLY,  FROM  SUCH  GRANTEE  OR  FROM  MATTERS
CONTAINED IN THE COMMUNITY PROJECT GRANT.
  (C) ANY SPONSOR WHO KNOWINGLY AND INTENTIONALLY VIOLATES ANY PROVISION
OF  THIS  SUBDIVISION SHALL BE GUILTY OF A CLASS E FELONY.  THE ATTORNEY
GENERAL AND ANY DISTRICT ATTORNEY SHALL  HAVE  CONCURRENT  AUTHORITY  TO
INVESTIGATE AND PROSECUTE VIOLATIONS OF THIS SUBDIVISION.
  4.    WAIVER  OF  STANDARDS.  A  SPONSOR MAY REQUEST A WAIVER FROM THE
ATTORNEY GENERAL OF PROVISIONS CONTAINED IN PARAGRAPH (B) OF SUBDIVISION
TWO OF THIS SECTION.  IN ASSESSING WHETHER OR NOT TO ISSUE A WAIVER, THE
ATTORNEY GENERAL SHALL CONSIDER THE HISTORY OF THE  SPONSOR,  THE  SUIT-
ABILITY  OF  A  POTENTIAL  COMMUNITY  PROJECT GRANT FOR THE SPONSOR, THE
EFFECTIVENESS OF ANY PREVIOUS GRANTS UNDER THE COMMUNITY  PROJECT  FUND,
AND ANY OTHER FACTORS THE ATTORNEY GENERAL DEEMS APPROPRIATE.
  5.  RULES  AND  REGULATIONS. THE ATTORNEY GENERAL MAY PROMULGATE RULES
AND REGULATIONS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
  S 14. Subparagraph 1 of paragraph (a) of subdivision 19 of section  94
of  the  executive law, as amended by section 6 of part A of chapter 399
of the laws of 2011, is amended to read as follows:
  (1) the information set forth in  an  annual  statement  of  financial
disclosure,  INCLUDING THE CATEGORIES OF VALUE OF AMOUNT, filed pursuant
to section seventy-three-a of the public officers law except ANY ITEM OF
information deleted pursuant to paragraph (h)  of  subdivision  nine  of
this section;
  S  15.  Section 99-d of the state finance law, as added by chapter 474
of the laws of 1996, is renumbered section 99-v and the section heading,
as added by chapter 474 of the laws  of  1996,  and  subdivision  1,  as
amended  by section 2 of part BB of chapter 686 of the laws of 2003, are
amended to read as follows:
  [Community] LEGISLATIVE COMMUNITY projects fund. 1.  There  is  hereby
established in the joint custody of the comptroller and the commissioner
of  taxation  and  finance a special fund to be known as the LEGISLATIVE
community projects fund. This fund may have separate accounts designated
pursuant to a specific appropriation to such account or  pursuant  to  a
written  suballocation  plan  approved  in a memorandum of understanding
executed by the director of the budget,  the  secretary  of  the  senate
finance  committee  and  the  secretary  of  the assembly ways and means
committee. Such suballocation shall be submitted to the comptroller.
  S 16. The state finance law is amended by adding a new section 99-u to
read as follows:
  S 99-U. EXECUTIVE COMMUNITY PROJECTS FUND. 1. THERE IS  HEREBY  ESTAB-
LISHED  IN  THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF
TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE EXECUTIVE  COMMU-
NITY  PROJECTS  FUND.  THIS  FUND  MAY HAVE SEPARATE ACCOUNTS DESIGNATED
PURSUANT TO A SPECIFIC APPROPRIATION TO SUCH ACCOUNT OR  PURSUANT  TO  A
WRITTEN  SUBALLOCATION  PLAN  APPROVED  IN A MEMORANDUM OF UNDERSTANDING
EXECUTED BY THE DIRECTOR OF THE BUDGET,  THE  SECRETARY  OF  THE  SENATE
FINANCE  COMMITTEE  AND  THE  SECRETARY  OF  THE ASSEMBLY WAYS AND MEANS
COMMITTEE. SUCH SUBALLOCATION SHALL BE SUBMITTED TO THE COMPTROLLER.
  2. SUCH FUND SHALL CONSIST OF MONIES TRANSFERRED TO SUCH FUND FROM THE
GENERAL FUND/STATE PURPOSES ACCOUNT, OR ANY OTHER MONIES REQUIRED TO  BE

S. 2654                             7

TRANSFERRED OR DEPOSITED, PURSUANT TO LAW. MONIES MAY NOT BE TRANSFERRED
OR  LOANED  BETWEEN  THE  ACCOUNTS  OF  THIS  FUND,  UNLESS SPECIFICALLY
PROVIDED (A) BY LAW, OR (B) BY LETTER SIGNED  BY  THE  DIRECTOR  OF  THE
BUDGET,  BUT  ONLY UPON THE JOINT REQUEST OF THE SECRETARY OF THE SENATE
FINANCE COMMITTEE AND THE SECRETARY  OF  THE  ASSEMBLY  WAYS  AND  MEANS
COMMITTEE.
  3.  (A)  AS  REQUIRED  TO MAKE TIMELY PAYMENTS FROM SUCH ACCOUNTS UPON
PRESENTMENT OF PROPER VOUCHERS THEREFOR,  THE  STATE  COMPTROLLER  SHALL
MAKE  TRANSFERS  TO  ANY ACCOUNT IN THIS FUND UP TO THE AMOUNTS ANNUALLY
SPECIFIED FOR TRANSFER TO SUCH ACCOUNT AND IN COMPLIANCE  WITH  SUBDIVI-
SION TWO OF THIS SECTION, BUT ONLY FROM SUCH FUND OR FUNDS AUTHORIZED TO
PROVIDE SUCH TRANSFERS.
  (B)  BY  THE  CLOSE OF EACH FISCAL YEAR, ALL REMAINING AMOUNTS NOT YET
TRANSFERRED SHALL BE TRANSFERRED TO THE DESIGNATED  ACCOUNTS  FOR  WHICH
SUCH  TRANSFERS  WERE  AUTHORIZED, UP TO THE TOTAL AMOUNTS SPECIFIED FOR
TRANSFER TO EACH ACCOUNT IN EACH FISCAL YEAR, PURSUANT  TO  LAW  AND  IN
COMPLIANCE WITH SUBDIVISION TWO OF THIS SECTION.
  4.  NOTWITHSTANDING  SECTION  FORTY  OF  THIS  CHAPTER  OR  ANY  OTHER
PROVISION OF LAW, APPROPRIATIONS OF THIS FUND  SHALL  BE  AVAILABLE  FOR
LIABILITIES  INCURRED  DURING AND AFTER THE CLOSE OF THE FISCAL YEAR FOR
WHICH SUCH APPROPRIATIONS ARE ENACTED, PROVIDED HOWEVER THAT SUCH APPRO-
PRIATIONS SHALL LAPSE ON THE FIFTEENTH DAY OF  SEPTEMBER  FOLLOWING  THE
CLOSE  OF THE FISCAL YEAR, AND NO MONIES SHALL THEREAFTER BE PAID OUT OF
THE STATE TREASURY OR ANY OF ITS FUNDS OR THE FUNDS UNDER ITS MANAGEMENT
PURSUANT TO SUCH APPROPRIATIONS.
  5. THE DIRECTOR OF THE BUDGET SHALL ISSUE A  CERTIFICATE  OF  APPROVAL
FOR  ANY  APPROPRIATION  IN  ANY  ACCOUNT OF THIS FUND NO LATER THAN THE
LATER OF SIXTY DAYS AFTER THE ENACTMENT OF SUCH  APPROPRIATION  OR  FIVE
DAYS AFTER THE EXECUTION OF A WRITTEN SUBALLOCATION PLAN PURSUANT TO THE
PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS  SECTION. SUCH APPROVAL SHALL
SATISFY ANY OTHER REQUIREMENT FOR A CERTIFICATE OF APPROVAL.
  6. (A) THE STATE SHALL NOT BE LIABLE  FOR  PAYMENTS  PURSUANT  TO  ANY
CONTRACT,  GRANT  OR  AGREEMENT MADE PURSUANT TO AN APPROPRIATION IN ANY
ACCOUNT OF THIS FUND IF INSUFFICIENT MONIES ARE AVAILABLE  FOR  TRANSFER
TO  SUCH  ACCOUNT  OF  THIS  FUND,  AFTER REQUIRED TRANSFERS PURSUANT TO
SUBDIVISION THREE OF THIS SECTION. EXCEPT WITH RESPECT  TO,  GRANTS,  OR
AGREEMENTS EXECUTED BY ANY STATE OFFICER, EMPLOYEE, DEPARTMENT, INSTITU-
TION,  COMMISSION,  BOARD,  OR  OTHER  AGENCY  OF THE STATE PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION, ANY CONTRACT, GRANT  OR  AGREEMENT  MADE
PURSUANT  TO  AN  APPROPRIATION  IN  THIS  FUND  SHALL  INCORPORATE THIS
PROVISION AS A TERM OF SUCH CONTRACT, GRANT OR AGREEMENT.
  (B) THE EXHAUSTION OF FUNDS AVAILABLE FOR  SUCH  TRANSFERS  SHALL  NOT
PRECLUDE  THE  APPROVAL  OF  CONTRACTS HEREUNDER PURSUANT TO SECTION ONE
HUNDRED TWELVE OF THIS CHAPTER. NOTWITHSTANDING ANY OTHER  PROVISION  OF
LAW,  INTEREST  SHALL  NOT BE DUE TO ANY RECIPIENT FOR ANY LATE PAYMENTS
MADE FROM THIS FUND WHICH RESULT FROM INSUFFICIENT MONIES  BEING  AVAIL-
ABLE IN AN ACCOUNT OF THIS FUND.
  7.  MONIES SHALL BE PAID OUT OF SUCH ACCOUNTS ON THE AUDIT AND WARRANT
OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY  THE  HEAD
OF THE APPROPRIATE AGENCY.
  S 17. Subdivision 4 of section 211 of the judiciary law, as amended by
chapter 188 of the laws of 1990, is amended to read as follows:
  4. By September first, nineteen hundred eighty-eight, the chief judge,
after  consultation  with the administrative board, shall approve a form
of annual statement of financial disclosure which form  shall  apply  to
all  judges, justices, officers and employees of the courts of record of

S. 2654                             8

the unified court system, who receive annual compensation  at  or  above
the  filing  rate defined by paragraph (l) of subdivision one of section
seventy-three-a of the public officers law or are determined to  hold  a
policy-making position pursuant to the rules and regulations promulgated
pursuant to this subdivision. Such form of annual statement of financial
disclosure  shall  be  substantially  similar  to  the form set forth in
subdivision three of section seventy-three-a of the public officers law.
Within one year after approval of such form, the chief judge shall cause
the chief administrator of the courts to promulgate rules or regulations
which require every judge, justice, officer and employee of  the  courts
of  record of the unified court system, who receives annual compensation
at or above the filing rate defined by paragraph (l) of subdivision  one
of  section  seventy-three-a of the public officers law or is determined
to hold a policy-making position, to report the information required  by
the  approved  form effective first with respect to a filing which shall
be required in nineteen  hundred  ninety-one  (generally  applicable  to
information  for  the preceding calendar year) and thereafter, effective
for future annual filings. Such rules and regulations shall also provide
for the determination, by the appointing authority, of policy-makers who
shall be required to file the annual statement of  financial  disclosure
required by this subdivision. Any judge, justice, officer or employee of
the  courts  of record of the unified court system who, pursuant to such
rules or regulations, is required to file a completed  annual  statement
of financial disclosure and who makes such filing in accordance with the
requirements  contained in such rules or regulations, shall be deemed to
have satisfied the requirements of any other law mandating the filing of
a completed annual statement of financial disclosure for the  applicable
calendar  year  which  might  otherwise  apply to such judges, justices,
officers or employees, and no duplicate  filing  shall  be  required  on
account  of  any  other such law, notwithstanding the provisions of such
other law.  NOTWITHSTANDING THE PROVISIONS OF ARTICLE SIX OF THE  PUBLIC
OFFICERS  LAW  OR  ANY  RULE  OR  REGULATION TO THE CONTRARY, THE ETHICS
COMMISSION FOR THE UNIFIED COURT SYSTEM SHALL MAKE AVAILABLE FOR  PUBLIC
INSPECTION  THE  INFORMATION SET FORTH IN THE ANNUAL STATEMENT OF FINAN-
CIAL DISCLOSURE FILED PURSUANT TO THIS SUBDIVISION, INCLUDING THE  CATE-
GORIES  OF VALUE OR AMOUNT. NOTWITHSTANDING THE PROVISION OF ARTICLE SIX
OF THE PUBLIC OFFICERS LAW, THE ETHICS COMMISSION FOR THE UNIFIED  COURT
SYSTEM  MAY  CHOOSE  TO KEEP CONFIDENTIAL THE NAMES OF THE UNEMANCIPATED
CHILDREN ON THE ANNUAL STATEMENT OF FINANCIAL DISCLOSURE FILED  PURSUANT
TO THIS SUBDIVISION, ANY ITEM OF INFORMATION DELETED PURSUANT TO JUDICI-
ARY RULES AND OTHER RECORDS OF SUCH COMMISSION AS IT SEES FIT.
  S 18. Paragraph 1 and the opening paragraph of paragraph 3 of subdivi-
sion  9  of section 14-100 of the election law, as amended by chapter 70
of the laws of 1983, are amended to read as follows:
  (1) any gift, subscription, outstanding loan (to the  extent  provided
for in section 14-114 of this [chapter] ARTICLE), advance, or deposit of
money  or any thing of value, made in connection with the nomination for
election, or election, of any candidate, or made to promote the  success
or defeat of a political party or principle, or of any ballot proposal,
  any  payment,  by  any  person  other  than a candidate or a political
committee authorized by the candidate, made in connection with the nomi-
nation for election or election of any candidate, or any payment made to
promote the success or defeat of a political party or principle,  or  of
any  ballot  proposal  including but not limited to compensation for the
personal services of any individual which  are  rendered  in  connection
with  a  candidate's  election  or  nomination  without charge; provided

S. 2654                             9

however, that none of the foregoing IN THIS PARAGRAPH shall be deemed  a
contribution  if it is made, taken or performed by a candidate or his OR
HER spouse or by a person or a political committee  independent  of  the
candidate  or his OR HER agents or authorized political committees.  For
purposes of this article, the term "independent of the candidate or  his
OR  HER  agents  or authorized political committees" shall mean that the
candidate or his OR HER agents or authorized  political  committees  did
not  authorize, request, suggest, foster or cooperate in any such activ-
ity; and provided further, that the term contribution shall not include:
  S 19. Subdivision 1 of section 14-104 of the election law, as  amended
by chapter 430 of the laws of 1997, is amended to read as follows:
  1.  (A) Any candidate for election to public office, or for nomination
for public office at a contested primary election or convention, or  for
election  to  a  party position at a primary election, shall file state-
ments sworn, or subscribed and bearing a form notice that  false  state-
ments  made  therein are punishable as a class A misdemeanor pursuant to
section 210.45 of the penal law, at the times prescribed by this article
setting forth the particulars specified by section 14-102 of this  arti-
cle, as to all moneys or other valuable things, paid, given, expended or
promised  by  him  OR  HER, EXCEPT AS DESCRIBED IN PARAGRAPH (B) OF THIS
SUBDIVISION to aid his OR HER own nomination or election, or to  promote
the  success  or defeat of a political party, or to aid or influence the
nomination or election or the defeat of any other candidate to be  voted
for  at  the  election or primary election or at a convention, including
contributions to political committees, officers, members or agents ther-
eof, and transfers, receipts and contributions to him OR HER to be  used
for  any  of  the purposes above specified, or in lieu thereof, any such
candidate may file such a sworn statement at the first filing period, on
a form prescribed by the state board of elections  that  such  candidate
has  NOT  made [no] ANY such expenditures OR RECEIVED ANY FUNDS and does
not intend to make any such expenditures,  except  through  a  political
committee  authorized  by  such  candidate  pursuant  to this article. A
committee authorized by such a candidate may fulfill all of  the  filing
requirements  of  this  [act] ARTICLE on behalf of such candidate.  IF A
CANDIDATE FILES A SWORN STATEMENT  PURSUANT  TO  THIS  SUBDIVISION,  THE
CANDIDATE BECOMES AN AGENT OF THE COMMITTEE.
  (B) ANY CANDIDATE FOR ELECTION TO PUBLIC OFFICE, OR FOR NOMINATION FOR
PUBLIC  OFFICE  AT  A CONTESTED PRIMARY ELECTION OR CONVENTION, AND SUCH
CANDIDATE'S SPOUSE OR DOMESTIC PARTNER, SHALL FILE STATEMENTS SWORN,  OR
SUBSCRIBED  AND BEARING A FORM NOTICE THAT FALSE STATEMENTS MADE THEREIN
ARE PUNISHABLE AS A CLASS A MISDEMEANOR PURSUANT TO  SECTION  210.45  OF
THE  PENAL LAW, DISCLOSING ALL GIFTS AND ALL LOANS, EXCLUDING LOANS FROM
A FINANCIAL INSTITUTION, IN EXCESS OF ONE THOUSAND DOLLARS  (I)  BY  THE
LAST DATE TO ACCEPT OR DECLINE A DESIGNATION OR NOMINATION, WHICHEVER IS
EARLIER,  IF THE CANDIDATE HAS NOT DECLINED, FOR THE TWELVE MONTHS IMME-
DIATELY PRECEDING SUCH STATEMENT AND (II) AT TIMES  PRESCRIBED  BY  THIS
ARTICLE SETTING FORTH THE PARTICULARS IN SECTION 14-102 OF THIS ARTICLE.
A  COMMITTEE  AUTHORIZED  BY  A  CANDIDATE  MAY  NOT  FULFILL THE FILING
REQUIREMENTS OF THIS PARAGRAPH ON  BEHALF  OF  SUCH  CANDIDATE  OR  SUCH
CANDIDATE'S SPOUSE OR DOMESTIC PARTNER.
  S  20. Subdivision 2 of section 14-108 of the election law, as amended
by chapter 109 of the laws of 1997, is amended to read as follows:
  2. Each statement shall cover the  period  up  to  and  including  the
fourth  day  next  preceding  the  day specified for the filing thereof;
provided, however, that any contribution, GIFT or loan in excess of  one
thousand  dollars,  if  received  after  the  close  of the period to be

S. 2654                            10

covered in the last statement  filed  before  any  primary,  general  or
special  election  but  before  such election, shall be reported, in the
same manner as other contributions, GIFTS OR LOANS,  within  twenty-four
hours after receipt.
  S 21.  Subdivision 1 of section 14-120 of the election law, as amended
by chapter 79 of the laws of 1992, is amended to read as follows:
  1. No person shall in any name except his own, directly or indirectly,
make  a  CONTRIBUTION,  LOAN  OR payment or a promise of A CONTRIBUTION,
LOAN OR payment to a candidate or political committee or to any  officer
or member thereof, or to any person acting under its authority or in its
behalf  or  on  behalf of any candidate, nor shall any such committee or
any such person or candidate knowingly receive a CONTRIBUTION,  LOAN  OR
payment or promise of A CONTRIBUTION, LOAN OR payment, or enter or cause
the  same to be entered in the accounts or records of such committee, in
any name other than that of the person or persons by whom  it  is  made.
IT  SHALL  BE  NO DEFENSE TO A VIOLATION OF THIS SECTION THAT THE PERSON
GIVING THE CONTRIBUTION, LOAN OR PAYMENT PROVIDES THE CONTRIBUTION, LOAN
OR PAYMENT TO A CANDIDATE PRIOR  TO  THE  CANDIDATE  GIVING  IT  TO  THE
CAMPAIGN COMMITTEE.
  S  22. If any clause, sentence, paragraph, section or part of this act
shall be adjudged by any court of competent jurisdiction to be  invalid,
such  judgment  shall  not  affect,  impair, or invalidate the remainder
thereof.
  S 23. This act shall take effect immediately; provided, however,  that
sections  nine  through  twenty-one of this act shall take effect on the
sixtieth day after it shall have become a law.