NY State Senate Bill 2021-S91A

Senate Bill S91A

2021-2022 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 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to elections
Jun 10, 2021	committed to rules
May 19, 2021	advanced to third reading
May 12, 2021	2nd report cal.
May 11, 2021	1st report cal.1048
May 03, 2021	print number 91a
May 03, 2021	amend and recommit to elections
Jan 06, 2021	referred to elections

Votes

- May 10, 2021 - Elections Committee Vote
  S91A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: May 10, 2021
      
      aye (7)
      
      Brouk
      
      Kavanagh
      
      May
      
      Mayer
      
      Myrie
      
      Rath III
      
      Ritchie

Bill Amendments

Original

A (Active)

2021-S91 - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §14-132, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S9184
2019-2020: S93

2021-S91 - 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.

2021-S91 - Sponsor Memo

                                
 
BILL NUMBER: S91

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:

2018 - S9184 (Kaminsky) died in Senate Rules. 2019- S93 (Kaminsky)
Passed Senate

2020- S93 (Kaminsky) Died in Assembly, returned to Senate, Referred to
Elections

 
FISCAL IMPLICATIONS:

None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S91 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    91
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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  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.
                                                            LBD00985-01-1

co-Sponsors

2021-S91A (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §14-132, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S9184
2019-2020: S93

2021-S91A (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.

2021-S91A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S91A

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 ads a new subdivision to section 14-132 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 ads a new subsection to section 14-132 of the election law to
require the authorized campaign account of a candidate or elected offi-
cial convicted of a felony to freeze the account and if the conviction
is finalized, require the individual within two years to 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 contrib-
utor 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:

2018 - S9184 (Kaminsky) died in Senate Rules.
2019 - S93 (Kaminsky) Passed Senate
2020 - S93 (Kaminsky) Died in Assembly, returned to Senate, Referred to
Elections

 
FISCAL IMPLICATIONS:
None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S91A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   91--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Elections  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 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 and a new subdivision 1-a is added to read as follows:
   1. Upon the death of a candidate, former candidate or holder of  elec-
 tive  office,  where  such candidate or candidate's authorized committee
 received campaign contributions, all such funds shall be disposed of  by
 any of the following means, or any combination thereof, within two years
 of the 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].
   1-A.  UPON  THE  FELONY CONVICTION OF A CANDIDATE, FORMER CANDIDATE OR
 HOLDER OF ELECTIVE OFFICE, WHERE SUCH CANDIDATE, CANDIDATE'S  AUTHORIZED

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00985-02-1

 S. 91--A                            2
 
 COMMITTEE, OR HOLDER OF ELECTIVE OFFICE RECEIVED CAMPAIGN CONTRIBUTIONS,
 ANY  EXPENDITURES  OF  SUCH  FUNDS SHALL BE PROHIBITED. SUCH PROHIBITION
 SHALL BE LIFTED UPON REVERSAL OF THE CONVICTION  AND  DISMISSAL  OF  THE
 ACCUSATORY  INSTRUMENT.  IF THE CONVICTION BECOMES FINAL, ALL SUCH FUNDS
 SHALL BE DISPOSED OF BY ANY OF THE MEANS LISTED UNDER SUBDIVISION ONE OF
 THIS SECTION  OR  ANY  COMBINATION  THEREOF  WITHIN  TWO  YEARS  OF  THE
 CONVICTION BECOMING FINAL.
   § 2. This act shall take effect immediately.

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