NY State Senate Bill 2017-S9184

Senate Bill S9184

2017-2018 Legislative Session

Relates to the disposition of campaign funds upon the conviction of a felony of a candidate, former candidate or holder of elective office

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 22, 2018	referred to rules

2017-S9184 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Amd §14-132, El L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S93
2021-2022: S91

2017-S9184 (ACTIVE) - Summary

Sets forth the means of the disposition of campaign funds upon the conviction of a felony of a candidate, former candidate or holder of elective office.

2017-S9184 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9184

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the election law, in relation to the disposition of
campaign funds upon the conviction of a felony of a candidate, former
candidate or holder of elective office

 
PURPOSE:

This bill amends section 14-132(1) of the election law in relation to
the disposition of campaign funds when a candidate or elected official
is convicted of a felony. In addition, the bill removes the ability to
contribute or transfer any remaining funds following disposition to a
candidate, party, constituted or political committee. Under current law,
such action is one of the permissible ways in which campaign funds may
be disposed of.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 14-132 of the election law to require the
authorized campaign account of a candidate or elected official convicted
of a felony to wind down within two years and dispense of said funds
subject to the guidelines in current law. This return must be done in
one the following methods: returning, pro rata, to each contributor the
funds that were not spent or obligated, donating the funds a charitable
organization or organizations that meet the qualifications of section
501c3 of the Internal revenue Code, donating the funds to the State
University of New York or the City University of New York, or donating
the funds to the State's General Fund.

Section 2 is the effective date.

 
JUSTIFICATION:

Part C of Chapter 286 of the Laws of 2016 enacted a comprehensive wind
down provision for campaign accounts still maintained when a candidate,
former candidate, or elected official dies. Under this statute, all
funds contained in such an account must be disposed of under certain
conditions within two years. This legislation expands the current law
and makes it applicable to any campaign account or elected official who
is found guilty of a felony.

It flies in the face of reason why the law allows any elected official
to continue maintaining control over his or her campaign account from
behind the walls of a prison. This legislation will close this loophole
once and for all and ensure that those guilty of corruption or other
crimes cannot continue to expend campaign funds.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S9184 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9184
 
                             I N  S E N A T E
 
                             October 22, 2018
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the election law, in  relation  to  the  disposition  of
   campaign  funds upon the conviction of a felony of a candidate, former
   candidate or holder of elective office
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of section 14-132 of the election law, as
 added by section 2 of part C of chapter 286 of  the  laws  of  2016,  is
 amended to read as follows:
   1. Upon THE CONVICTION OF A FELONY OR the death of a candidate, former
 candidate  or  holder of elective office, where such candidate or candi-
 date's authorized committee received campaign  contributions,  all  such
 funds  shall be disposed of by any of the following means, or any combi-
 nation thereof, within two years of the  DISQUALIFICATION  OR  death  of
 such person:
   (a)  returning,  pro rata, to each contributor the funds that have not
 been spent or obligated;
   (b) donating the funds to a charitable organization  or  organizations
 that meet the qualifications of section 501(c)(3) of the Internal Reven-
 ue Code;
   (c) donating the funds to the state university of New York or the city
 university of New York; OR
   (d) donating the funds to the state's general fund[; or
   (e)  contributing  or  transferring  the  funds to a candidate, party,
 constituted or political committee in  accordance  with  the  applicable
 limits, if any, set forth in this article].
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16521-02-8

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