NY State Senate Bill 2021-S840

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
Jan 06, 2021	referred to elections

2021-S840 (ACTIVE) - Details

See Assembly Version of this Bill:: A6268
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:: 2019-2020: S5149, A5490
2023-2024: S4410, A7213

2021-S840 (ACTIVE) - Summary

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

2021-S840 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S840

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the election law, in relation to transition and inaugu-
ration 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:

2019-2020: S5149/A5490 - Died in Elections, Died in Election Law

 
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 it 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.

2021-S840 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    840
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02923-01-1

 S. 840                              2
 
 EXPENDITURE. ANY STATEMENT REPORTING A LOAN SHALL HAVE ATTACHED TO IT  A
 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.

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Senate Bill S840

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

2021-S840 (ACTIVE) - Details

2021-S840 (ACTIVE) - Summary

2021-S840 (ACTIVE) - Sponsor Memo

2021-S840 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S840

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Sponsored By

Alessandra Biaggi

Archive: Last Bill Status - In Senate Committee Elections Committee

2021-S840 (ACTIVE) - Details

2021-S840 (ACTIVE) - Summary

2021-S840 (ACTIVE) - Sponsor Memo

2021-S840 (ACTIVE) - Bill Text download pdf

Comments