BILL NUMBER: S5148A             REVISED 02/03/2020

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the legislative law and the election law, in relation to
prohibiting campaign contributions to candidates for state senate and
assembly by certain members of the legislative ethics commission

 
PURPOSE OF BILL:

To prohibit campaign contributions to candidates for state senate and
assembly by non-legislative members of the legislative ethics commis-
sion.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends section 80 of the legislative law by adding subdivi-
sion 3-a which states that non-legislative members of the commission
shall make a contribution to any candidate for state senate or assembly.

              

Section 2: Amends subdivision 1 of section 14-114 of the election law by
adding a new paragraph which states: in any election for state senate or
assembly, non-legislative members of the legislative ethics commission
as defined in section eighty of the legislative law, shall make a
contribution to a candidate and no candidate shall accept a contribution
from a non-legislative member of such legislative ethics commission.

Section 3: Amends section 14-126 of the election law by adding subdivi-
sion 8 which states that a) any non-legislative member of the legisla-
tive ethics commission, who, under circumstances evincing an intent to
violate such law, makes a contribution in contravention of paragraph d
outlined in section 2 above shall be subject to a civil penalty not to
exceed the greater of ten thousand dollars or an amount equal to two
hundred percent of the contribution, to be recoverable in a special
proceeding or civil action to be brought by the state board of elections
chief enforcement counsel, and b) any person who, acting as or on behalf
of an officeholder, candidate, or political committee, accepts a
contribution in contravention of the same paragraph d shall be required
to refund such contribution.

Section 4: Sets forth an effective date

 
JUSTIFICATION:

The New York State Legislative Ethics Commission (LEC) was established
in 2007 to expand upon the Legislative Ethics Committee to oversee and
enforce provisions of the Public Officers Law as it pertains to members
of the legislature, employees of the legislature and candidates for
state legislative office. § 80 of the Legislative Law maps out the
duties of the LEC, which include, review of financial disclosure state-
ments, advisory opinions, imposition of penalties and other enforcement
actions.

Those who sit on the LEC are currently permitted to contribute to candi-
dates running for state legislature, creating an obvious conflict of
interest. In the last state election cycle, active members sitting on
the LEC did indeed contribute to candidates running for state legisla-
ture who are now currently serving in the legislature.
Any contribution, despite its size creates influence. This is why inter-
nal staff and members of the legislature are bound by parameters defin-
ing what constitutes gifts, compensation, etc., that can and cannot be
accepted. Why should the rules be different for those serving on the LEC
who have a direct impact on outcomes as it relates to the ethical behav-
ior of present members of the legislature?  Members of the LEC should
not be able to influence members of the legislature, the same individ-
uals they oversee in an ethical capacity. As such, this bill prohibits
non-legislative members of the LEC from contributing to campaigns of any
candidate for NYS Senate or Assembly and prohibits candidates from
accepting such contributions.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.