NY State Senate Bill 2021-S6933

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to elections
May 20, 2021	referred to elections

2021-S6933 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §14-115, amd §14-126, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8063
2019-2020: S1936

2021-S6933 (ACTIVE) - Summary

Relates to contribution limits for parties appointed to public positions; limits such contribution to no more than fifteen percent of the contribution limits set forth in election law section 14-114; civil penalty not to exceed the greater of ten thousand dollars or an amount equal to two hundred percent of the contribution.

2021-S6933 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6933

SPONSOR: RATH
 
TITLE OF BILL:

An act to amend the election law, in relation to contribution limits for
parties appointed to public positions

 
PURPOSE:

To limit contributions from persons appointed to public boards and
authorities and their families from making political donations.

 
SUMMARY OF PROVISIONS:

Section 1 amends the Election Law to add a new section 14115.  Paragraph
1 provides definitions for the section. Paragraph 2 provides that
notwithstanding any other provision of law, persons, relative of such
persons, as defined in the section, or company in which such person has
a ten percent or more interest, who is or has during the past twelve
months been appointed to a position on any state or local board or

authority within the state are limited in the amount they may donate to
any state constituted party or committee or any candidate or candidate
committee for any office of the state, municipal or other local govern-
ment to fifteen percent of what they would otherwise be permitted to
donate.

Section 2 Provides for penalties for violation of this section, and
requires the receiving political committee to return donations that
violate this limit.

Section 3 Effective date.

 
JUSTIFICATION:

Recent news articles have brought to light that persons who have been
appointed to public boards or authorities make substantial political
donations both before and after their appointment. Persons appointed to
public boards and authorities sometimes receive significant payment for
serving on these boards and authorities, and often control how and to
whom large sums of public money are spent. There are rules requiring
disclosure of conflicts of interest, but there remains the perception of
possible impropriety when persons appointed to these powerful positions
donate, either personally or through their families and businesses, to
those who appointed them or who may be affiliated with the appointing
persons. The Governor has an Executive Order that applies only to his
office, but it does not hold the same permanence as a law, and does not
apply broadly to all boards and authorities and other elected offices.
The limits provided for in this bill provide an unambiouous rule that
all parties can understand and allows all parties to avoid criticism or
the appearance of impropriety.

 
LEGISLATIVE HISTORY:

2019 - S.8063 - ELECTIONS

2019-20 - S.1936 - ELECTIONS

 
FISCAL IMPLICATIONS:
None.

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

2021-S6933 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6933
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 20, 2021
                                ___________
 
 Introduced  by  Sen.  RATH  --  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 contribution limits for
   parties appointed to public positions
 
   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 section 14-115
 to read as follows:
   § 14-115. CONTRIBUTION LIMITS FOR PARTIES APPOINTED  TO  PUBLIC  POSI-
 TIONS.  1.  FOR  PURPOSES  OF THIS SECTION, "RELATIVE" OF ANY INDIVIDUAL
 SHALL MEAN ANY PERSON LIVING IN THE SAME HOUSEHOLD AS THE INDIVIDUAL  OR
 ANY PERSON WHO IS A DIRECT DESCENDANT OF THAT INDIVIDUAL'S OR THAT INDI-
 VIDUAL'S SPOUSE'S GRANDPARENTS OR THE SPOUSE OF SUCH DESCENDANT.
   2.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON, RELATIVE OF
 SUCH PERSON, OR COMPANY IN WHICH SUCH PERSON OR HIS OR HER RELATIVE OWNS
 MORE THAN A TEN PERCENT INTEREST WHO  IS,  OR  DURING  THE  PAST  TWELVE
 MONTHS  HAS BEEN, APPOINTED TO A POSITION ON ANY STATE OR LOCAL BOARD OR
 AUTHORITY WITHIN THE STATE, MAY MAKE A CONTRIBUTION TO ANY STATE CONSTI-
 TUTED PARTY OR COMMITTEE OR ANY CANDIDATE OR CANDIDATE COMMITTEE FOR ANY
 OFFICE OF THE STATE, MUNICIPAL OR OTHER LOCAL GOVERNMENT IN AN AMOUNT IN
 EXCESS OF FIFTEEN PERCENT  OF  THE  CONTRIBUTION  LIMITS  SET  FORTH  IN
 SECTION 14-114 OF THIS ARTICLE.
   §  2.  Section  14-126  of the election law is amended by adding a new
 subdivision 8 to read as follows:
   8. (A) ANY PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS  ENTITY
 AS  THAT  TERM  IS  USED  IN  SECTION 14-115 OF THIS ARTICLE, WHO, UNDER
 CIRCUMSTANCES EVINCING AN  INTENT  TO  VIOLATE  SUCH  SECTION,  MAKES  A
 CONTRIBUTION  IN  CONTRAVENTION OF SECTION 14-115 OF THIS ARTICLE, 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11622-01-1

 S. 6933                             2
 
 TO BE RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL ACTION TO BE  BROUGHT
 BY THE STATE BOARD OF ELECTIONS CHIEF ENFORCEMENT COUNSEL.
   (B)  ANY PERSON WHO, ACTING AS OR ON BEHALF OF AN OFFICEHOLDER, CANDI-
 DATE, OR POLITICAL COMMITTEE, ACCEPTS A CONTRIBUTION IN CONTRAVENTION OF
 SECTION 14-115 OF THIS ARTICLE SHALL BE REQUIRED TO REFUND SUCH CONTRIB-
 UTION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S6933

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

2021-S6933 (ACTIVE) - Details

2021-S6933 (ACTIVE) - Summary

2021-S6933 (ACTIVE) - Sponsor Memo

2021-S6933 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6933

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Sponsored By

Edward A. Rath III

Archive: Last Bill Status - In Senate Committee Elections Committee

2021-S6933 (ACTIVE) - Details

2021-S6933 (ACTIVE) - Summary

2021-S6933 (ACTIVE) - Sponsor Memo

2021-S6933 (ACTIVE) - Bill Text download pdf

Comments