NY State Senate Bill 2023-S4410

Current 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to elections
Feb 08, 2023	referred to elections

2023-S4410 (ACTIVE) - Details

See Assembly Version of this Bill:: A7213
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
2021-2022: S840, A6268

2023-S4410 (ACTIVE) - Summary

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

2023-S4410 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4410

SPONSOR: FERNANDEZ
 
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:

To require statements be filed in regards to the receipts and expendi-
tures of a Transition and Inauguration entity to increase transparency.

 
SUMMARY OF PROVISIONS:

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

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:

2021-2022- S840 / A6268

2019-2020: S5149 / A5490

 
FISCAL IMPLICATIONS:

None to the state

 
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

2023-S4410 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4410
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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.
                                                            LBD08833-01-3

 S. 4410                             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.

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Senate Bill S4410

Sponsored By

Current Bill Status - In Senate Committee Elections Committee

2023-S4410 (ACTIVE) - Details

2023-S4410 (ACTIVE) - Summary

2023-S4410 (ACTIVE) - Sponsor Memo

2023-S4410 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4410

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Sponsored By

Nathalia Fernandez

Current Bill Status - In Senate Committee Elections Committee

2023-S4410 (ACTIVE) - Details

2023-S4410 (ACTIVE) - Summary

2023-S4410 (ACTIVE) - Sponsor Memo

2023-S4410 (ACTIVE) - Bill Text download pdf

Comments