S6157, Chapter Amendment to S6064/A9032 Summary

The chapter amendment makes broad enhancements to S6064/A9032 in line with

recommendations from good government advocates.

Ethics reforms include: expanding the definition of lobbying to include resolutions,

outcomes or any actions of either chamber and “the outcome of any other official act of
the state legislature”; creating a program of random review of annual statements of
financial disclosure by Legislative Office of Ethics Investigations and Executive Ethics
and Compliance Commission; requiring public officers to report business dealings with
lobbyists and their clients; creating annual oversight hearings of the Joint Legislative
Commission on Ethics Standards by the appropriate standing committee of the
legislature; and lengthening the limitation of lobbyists to appointment to ethics bodies to
seven years.

The chapter amendment also increases: enforcement of campaign finance laws; fines for
violations of contribution limits; and disclosure requirements for contributors.

A unique entity is created within the state Board of Elections dedicated to investigations
of alleged violations of Article 14 of Election Law . The new state Board of Elections
Enforcement Unit (BOEEU) has sole authority to conduct investigations—initiated on its
own or upon complaint—over the laws that govern campaign finance. The BOEEU is
overseen by an executive director who serves a fixed term of three years and can only be
removed for cause by a majority of the state Board of Elections at an open meeting.
A nine-member designating panel selects the executive director. The appointments to the
designating panel are: three by the Governor and one each by the Attorney General,
Comptroller an each of the four legislative leaders.

At the conclusion of an investigation, the BOEEU will provide the state Board of
Elections with a written recommendation as to whether a violation of campaign finance
law has occurred, and if so, the appropriate recommendation. If the BOEEU finds that
substantial reason exists of a civil violation of campaign finance law has occurred, it shall
commence a proceeding in Supreme Court.

The penalty for candidates or political committees accepting contributions above the
state’s limits is increased to a civil penalty equal to two times the amount of the excess
contribution and a fine of up to $10,000.

Finally, campaign committees are required to report the name and address of contributors’
employers for contributions of $200 or more.