Bill Text: NY A05490 | 2019-2020 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-02-12 - referred to election law [A05490 Detail]

Download: New_York-2019-A05490-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5490
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 12, 2019
                                       ___________
        Introduced  by  M.  of A. GALEF, PAULIN -- read once and referred to the
          Committee on Election Law
        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:
     1    Section 1. The election law is amended by adding a new article  18  to
     2  read as follows:
     3                                  ARTICLE 18
     4            TRANSITION AND INAUGURATION RECEIPTS AND EXPENDITURES
     5  Section 18-100. Statements  of  receipts,  contributions,  transfers and
     6                    expenditures to transition and inauguration entities.
     7          18-101. Penalties.
     8    § 18-100. Statements of receipts, contributions, transfers and expend-
     9  itures to transition and inauguration entities. 1. (a) An entity  formed
    10  for the purpose of accepting donations and loans, and for making expend-
    11  itures  for  transition  or  inauguration into office shall file, at the
    12  times prescribed by the board of elections, a statement with  the  board
    13  setting forth all the receipts, contributions to and the expenditures by
    14  and  liabilities  of the entity, and of its officers, members and agents
    15  on its behalf. Such statements shall include the dollar  amount  of  any
    16  receipt,  contribution  or  transfer,  or  the  fair market value of any
    17  receipt, contribution or transfer, which is other  than  of  money,  the
    18  name  and  address  of  the  transferor, contributor or person from whom
    19  received, and if the transferor, contributor or person  is  a  political
    20  committee, the name of and the political unit represented by the commit-
    21  tee,  the  date  of its receipt, the dollar amount of every expenditure,
    22  the name and address of the person to whom it was made or  the  name  of
    23  and the political unit represented by the committee to which it was made
    24  and  the  date  thereof,  and  shall  state  clearly the purpose of such
    25  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

        A. 5490                             2
     1  copy  of  the evidence of indebtedness. Expenditures in sums under fifty
     2  dollars need not be specifically accounted for by separate items in said
     3  statements, and receipts and contributions  aggregating  not  more  than
     4  ninety-nine  dollars,  from any one contributor need not be specifically
     5  accounted for by separate items in said statements.
     6    (b) Disclosure reports shall be submitted at such times  and  in  such
     7  form  as the board of elections shall require and shall be clearly legi-
     8  ble.  The board of elections shall make available to the public  a  copy
     9  of  these  disclosure  reports  within  two business days after they are
    10  accepted by the board of elections.
    11    2. The final disclosure report submitted  by  such  entity  shall  set
    12  forth  the  disposition of any funds remaining after all liabilities are
    13  paid, after which the entity shall be terminated. If an entity has funds
    14  remaining after all liabilities have been paid, it  shall  return  those
    15  funds  to  one or more of the entity's donors, or if that is impractica-
    16  ble, dispose of the funds  in  a  manner  set  forth  by  the  board  of
    17  elections.
    18    § 18-101. Penalties. 1. Any candidate whose transition or inauguration
    19  entity  fails  to file in a timely manner a statement or record required
    20  to be filed by this article or the rules of the board  of  elections  in
    21  implementation  thereof  shall  be  subject  to  a civil penalty, not in
    22  excess of one thousand dollars, to be recoverable in a special  proceed-
    23  ing  or  civil  action  to  be  brought by the chief enforcement counsel
    24  pursuant to section 16-114 of this chapter.
    25    2. Any person who knowingly and willfully fails to  file  a  statement
    26  required  to  be  filed  by  this article within ten days after the date
    27  provided for filing such statement or any person who knowingly and will-
    28  fully violates any other provision of this article shall be guilty of  a
    29  class A misdemeanor.
    30    3. Any person who, acting as or on behalf of a candidate or transition
    31  or  inauguration  entity,  under  circumstances  evincing  an  intent to
    32  violate such law, unlawfully accepts  a  contribution  in  excess  of  a
    33  contribution  limitation  established in this article, shall be required
    34  to refund such excess amount and shall be subject  to  a  civil  penalty
    35  equal to the excess amount plus a fine of up to ten thousand dollars, to
    36  be  recoverable in a special proceeding or civil action to be brought by
    37  the state board of elections chief enforcement counsel.
    38    4. Any person who knowingly and willfully contributes, accepts or aids
    39  or participates in the acceptance of a contribution in an amount exceed-
    40  ing an applicable maximum specified in this article shall be guilty of a
    41  class A misdemeanor.
    42    5. Any person who shall, acting on behalf of a candidate or transition
    43  or inauguration entity, knowingly and  willfully  solicit,  organize  or
    44  coordinate  the  formation  of  activities  of  one or more unauthorized
    45  committees, make expenditures in connection with the transition or inau-
    46  guration of any candidate, or  solicit  any  person  to  make  any  such
    47  expenditures, for the purpose of evading the contribution limitations of
    48  this article, shall be guilty of a class E felony.
    49    §  2.  This  act  shall  take effect on the fifteenth of December next
    50  succeeding the date on which it shall have become a law. Effective imme-
    51  diately, the addition, amendment and/or repeal of any rule or regulation
    52  necessary for the implementation of this act on its effective  date  are
    53  authorized to be made and completed on or before such effective date.
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