NY State Senate Bill 2019-S5149

Archive: Last Bill Status - In Senate Committee Elections 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to elections
Apr 11, 2019	referred to elections

2019-S5149 (ACTIVE) - Details

See Assembly Version of this Bill:: A5490
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add Art 18 §§18-100 - 18-101, El L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S840, A6268
2023-2024: S4410, A7213

2019-S5149 (ACTIVE) - Summary

Relates to the statements of receipts, contributions, transfers and expenditures to transition and inauguration entities.

2019-S5149 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5149                     REVISED 6/18/2019

SPONSOR: BIAGGI
 
TITLE OF BILL:  An act to amend the election law, in relation to tran-
sition and inauguration receipts and expenditures

 
PURPOSE OR GENERAL IDEA OF BILL:

Section 1. A new article 18 is added to the Election Law. Section 18-100
states that an entity formed to accept donations and loans, and make
expenditure for a transition or inauguration into office shall file a
statement of all receipts, contributions, expenditures and liabilities
of the entity, and shall submit a disclosure report to the Board of
Elections. Section 18-101 establishes penalties that apply to those
entities not filing in a timely manner.

Section 2. Establishes the effective date.

 
JUSTIFICATION:

The purpose of this bill is to limit the use of transition and inaugural

funds in response to a recent court case involving a local-level New
York elected official who allegedly spent $45,000 from their inaugural
committee to fund extravagant personal expenses, including an overseas
family vacation and an expensive brand-name purse.

Assemblywoman Paulin carries similar legislation requiring transition
and inauguration entities to register, set forth limits for contrib-
utions, and prohibit the conversion of funds for personal use, while
Assemblywoman Galef's legislation requires these entities to submit
statements of receipts, contributions, transfers and expenditures, and
establishes penalties if they do not file in the time allotted. Togeth-
er, the passage of these two bills will increase transparency, and hold
elected officials accountable.

At the federal-level, President Trump's inaugural committee is under
investigation for possibly misusing some of the $1 million dollars it
raised. This proposed legislation could be the basis for changes at the
Federal level.

The purpose of this legislation is to require statements be filed in
regards to the receipts and expenditures of a Transition and Inaugu-
ration entity.

 
SUMMARY OF PROVISIONS:

New York City regulates transition and inauguration donations and
expenses by requiring registration, and prohibiting funds from being
used for personal purposes. It is important that the rest of New York
State follow suit.

 
PRIOR LEGISLATIVE HISTORY: This is new legislation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

There are no fiscal implications associated with the passage of this
legislation.

 
EFFECTIVE DATE:
This act shall take effect on the fifteenth of December next succeeding
the date on which is shall have become a law. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.

2019-S5149 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5149
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 11, 2019
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend the election law, in relation to transition and  inaugu-
   ration receipts and expenditures
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The election law is amended by adding a new article  18  to
 read as follows:
                                 ARTICLE 18
           TRANSITION AND INAUGURATION RECEIPTS AND EXPENDITURES
 SECTION 18-100. STATEMENTS  OF  RECEIPTS,  CONTRIBUTIONS,  TRANSFERS AND
                   EXPENDITURES TO TRANSITION AND INAUGURATION ENTITIES.
         18-101. PENALTIES.
   § 18-100. STATEMENTS OF RECEIPTS, CONTRIBUTIONS, TRANSFERS AND EXPEND-
 ITURES TO TRANSITION AND INAUGURATION ENTITIES. 1. (A) AN ENTITY  FORMED
 FOR THE PURPOSE OF ACCEPTING DONATIONS AND LOANS, AND FOR MAKING EXPEND-
 ITURES  FOR  TRANSITION  OR  INAUGURATION INTO OFFICE SHALL FILE, AT THE
 TIMES PRESCRIBED BY THE BOARD OF ELECTIONS, A STATEMENT WITH  THE  BOARD
 SETTING FORTH ALL THE RECEIPTS, CONTRIBUTIONS TO AND THE EXPENDITURES BY
 AND  LIABILITIES  OF THE ENTITY, AND OF ITS OFFICERS, MEMBERS AND AGENTS
 ON ITS BEHALF. SUCH STATEMENTS SHALL INCLUDE THE DOLLAR  AMOUNT  OF  ANY
 RECEIPT,  CONTRIBUTION  OR  TRANSFER,  OR  THE  FAIR MARKET VALUE OF ANY
 RECEIPT, CONTRIBUTION OR TRANSFER, WHICH IS OTHER  THAN  OF  MONEY,  THE
 NAME  AND  ADDRESS  OF  THE  TRANSFEROR, CONTRIBUTOR OR PERSON FROM WHOM
 RECEIVED, AND IF THE TRANSFEROR, CONTRIBUTOR OR PERSON  IS  A  POLITICAL
 COMMITTEE, THE NAME OF AND THE POLITICAL UNIT REPRESENTED BY THE COMMIT-
 TEE,  THE  DATE  OF ITS RECEIPT, THE DOLLAR AMOUNT OF EVERY EXPENDITURE,
 THE NAME AND ADDRESS OF THE PERSON TO WHOM IT WAS MADE OR  THE  NAME  OF
 AND THE POLITICAL UNIT REPRESENTED BY THE COMMITTEE TO WHICH IT WAS MADE
 AND  THE  DATE  THEREOF,  AND  SHALL  STATE  CLEARLY THE PURPOSE OF SUCH
 EXPENDITURE. ANY STATEMENT REPORTING A LOAN SHALL HAVE ATTACHED TO IT  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09000-01-9

 S. 5149                             2
 
 COPY  OF  THE EVIDENCE OF INDEBTEDNESS. EXPENDITURES IN SUMS UNDER FIFTY
 DOLLARS NEED NOT BE SPECIFICALLY ACCOUNTED FOR BY SEPARATE ITEMS IN SAID
 STATEMENTS, AND RECEIPTS AND CONTRIBUTIONS  AGGREGATING  NOT  MORE  THAN
 NINETY-NINE  DOLLARS,  FROM ANY ONE CONTRIBUTOR NEED NOT BE SPECIFICALLY
 ACCOUNTED FOR BY SEPARATE ITEMS IN SAID STATEMENTS.
   (B) DISCLOSURE REPORTS SHALL BE SUBMITTED AT SUCH TIMES  AND  IN  SUCH
 FORM  AS THE BOARD OF ELECTIONS SHALL REQUIRE AND SHALL BE CLEARLY LEGI-
 BLE.  THE BOARD OF ELECTIONS SHALL MAKE AVAILABLE TO THE PUBLIC  A  COPY
 OF  THESE  DISCLOSURE  REPORTS  WITHIN  TWO BUSINESS DAYS AFTER THEY ARE
 ACCEPTED BY THE BOARD OF ELECTIONS.
   2. THE FINAL DISCLOSURE REPORT SUBMITTED  BY  SUCH  ENTITY  SHALL  SET
 FORTH  THE  DISPOSITION OF ANY FUNDS REMAINING AFTER ALL LIABILITIES ARE
 PAID, AFTER WHICH THE ENTITY SHALL BE TERMINATED. IF AN ENTITY HAS FUNDS
 REMAINING AFTER ALL LIABILITIES HAVE BEEN PAID, IT  SHALL  RETURN  THOSE
 FUNDS  TO  ONE OR MORE OF THE ENTITY'S DONORS, OR IF THAT IS IMPRACTICA-
 BLE, DISPOSE OF THE FUNDS  IN  A  MANNER  SET  FORTH  BY  THE  BOARD  OF
 ELECTIONS.
   § 18-101. PENALTIES. 1. ANY CANDIDATE WHOSE TRANSITION OR INAUGURATION
 ENTITY  FAILS  TO FILE IN A TIMELY MANNER A STATEMENT OR RECORD REQUIRED
 TO BE FILED BY THIS ARTICLE OR THE RULES OF THE BOARD  OF  ELECTIONS  IN
 IMPLEMENTATION  THEREOF  SHALL  BE  SUBJECT  TO  A CIVIL PENALTY, NOT IN
 EXCESS OF ONE THOUSAND DOLLARS, TO BE RECOVERABLE IN A SPECIAL  PROCEED-
 ING  OR  CIVIL  ACTION  TO  BE  BROUGHT BY THE CHIEF ENFORCEMENT COUNSEL
 PURSUANT TO SECTION 16-114 OF THIS CHAPTER.
   2. ANY PERSON WHO KNOWINGLY AND WILLFULLY FAILS TO  FILE  A  STATEMENT
 REQUIRED  TO  BE  FILED  BY  THIS ARTICLE WITHIN TEN DAYS AFTER THE DATE
 PROVIDED FOR FILING SUCH STATEMENT OR ANY PERSON WHO KNOWINGLY AND WILL-
 FULLY VIOLATES ANY OTHER PROVISION OF THIS ARTICLE SHALL BE GUILTY OF  A
 CLASS A MISDEMEANOR.
   3. ANY PERSON WHO, ACTING AS OR ON BEHALF OF A CANDIDATE OR TRANSITION
 OR  INAUGURATION  ENTITY,  UNDER  CIRCUMSTANCES  EVINCING  AN  INTENT TO
 VIOLATE SUCH LAW, UNLAWFULLY ACCEPTS  A  CONTRIBUTION  IN  EXCESS  OF  A
 CONTRIBUTION  LIMITATION  ESTABLISHED IN THIS ARTICLE, SHALL BE REQUIRED
 TO REFUND SUCH EXCESS AMOUNT AND SHALL BE SUBJECT  TO  A  CIVIL  PENALTY
 EQUAL TO THE EXCESS AMOUNT PLUS A FINE OF UP TO TEN THOUSAND DOLLARS, TO
 BE  RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT BY
 THE STATE BOARD OF ELECTIONS CHIEF ENFORCEMENT COUNSEL.
   4. ANY PERSON WHO KNOWINGLY AND WILLFULLY CONTRIBUTES, ACCEPTS OR AIDS
 OR PARTICIPATES IN THE ACCEPTANCE OF A CONTRIBUTION IN AN AMOUNT EXCEED-
 ING AN APPLICABLE MAXIMUM SPECIFIED IN THIS ARTICLE SHALL BE GUILTY OF A
 CLASS A MISDEMEANOR.
   5. ANY PERSON WHO SHALL, ACTING ON BEHALF OF A CANDIDATE OR TRANSITION
 OR INAUGURATION ENTITY, KNOWINGLY AND  WILLFULLY  SOLICIT,  ORGANIZE  OR
 COORDINATE  THE  FORMATION  OF  ACTIVITIES  OF  ONE OR MORE UNAUTHORIZED
 COMMITTEES, MAKE EXPENDITURES IN CONNECTION WITH THE TRANSITION OR INAU-
 GURATION OF ANY CANDIDATE, OR  SOLICIT  ANY  PERSON  TO  MAKE  ANY  SUCH
 EXPENDITURES, FOR THE PURPOSE OF EVADING THE CONTRIBUTION LIMITATIONS OF
 THIS ARTICLE, SHALL BE GUILTY OF A CLASS E FELONY.
   §  2.  This  act  shall  take effect on the fifteenth of December next
 succeeding the date on which it shall have become a law. Effective imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5149

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

2019-S5149 (ACTIVE) - Details

2019-S5149 (ACTIVE) - Summary

2019-S5149 (ACTIVE) - Sponsor Memo

2019-S5149 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5149

Share this bill

Sponsored By

Alessandra Biaggi

Archive: Last Bill Status - In Senate Committee Elections Committee

2019-S5149 (ACTIVE) - Details

2019-S5149 (ACTIVE) - Summary

2019-S5149 (ACTIVE) - Sponsor Memo

2019-S5149 (ACTIVE) - Bill Text download pdf

Comments