Bill Text: NY S05042 | 2015-2016 | General Assembly | Introduced

New York Senate Bill 5042 (Prior Session Legislation)

Introduced

Bill Title: Relates to establishing the personal liability of candidates for violations committed by such candidates, such candidates' political committees or other authorized individuals, for violations of municipal law, and providing for enforcement of monetary penalties stemming therefrom.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO ELECTIONS [S05042 Detail]

Download: New_York-2015-S05042-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5042
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    April 29, 2015
                                      ___________
       Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Elections
       AN ACT to amend the election law and the civil practice law  and  rules,
         in  relation  to  candidate liability for violations of municipal laws
         and enforcement of money judgments
         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                         VIOLATIONS OF MUNICIPAL LAW
    5  SECTION 18-100. PERSONAL LIABILITY FOR VIOLATIONS OF MUNICIPAL LAW.
    6    S 18-100. PERSONAL LIABILITY FOR VIOLATIONS OF MUNICIPAL LAW. A CANDI-
    7  DATE SHALL BE PERSONALLY LIABLE FOR THE AMOUNT OF ANY MONETARY PENALTIES
    8  FOR THE VIOLATION OF ANY MUNICIPAL LAW OR REGULATION COMMITTED  BY  SUCH
    9  CANDIDATE,  ANY  POLITICAL  COMMITTEE  FORMED  BY SUCH CANDIDATE, OR ANY
   10  PERSON ACTING ON  BEHALF  OF  SUCH  CANDIDATE  OR  POLITICAL  COMMITTEE,
   11  COMMITTED IN FURTHERANCE OF CAMPAIGN ACTIVITIES.
   12    S  2.  Subdivisions  4 and 5 of section 6201 of the civil practice law
   13  and rules, subdivision 4 as added and subdivision  5  as  renumbered  by
   14  chapter  618 of the laws of 1992 and subdivision 5 as amended by chapter
   15  860 of the laws of 1977, are amended and a new subdivision 6 is added to
   16  read as follows:
   17    4. the action is brought by the victim or the  representative  of  the
   18  victim  of a crime, as defined in subdivision six of section six hundred
   19  twenty-one of the executive law, against the person or the legal  repre-
   20  sentative  or  assignee of the person convicted of committing such crime
   21  and seeks to recover damages sustained as a result of such crime  pursu-
   22  ant to section six hundred thirty-two-a of the executive law; or
   23    5.  the  cause  of action is based on a judgment, decree or order of a
   24  court of the United States or of any other court which  is  entitled  to
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09897-01-5
       S. 5042                             2
    1  full  faith  and  credit in this state, or on a judgment which qualifies
    2  for recognition under the provisions of article 53[.]; OR
    3    6.  THE  ACTION  IS  BROUGHT BY A MUNICIPALITY AGAINST A CANDIDATE, AS
    4  DEFINED BY SUBDIVISION SEVEN OF SECTION  14-100  OF  THE  ELECTION  LAW,
    5  SEEKING TO COLLECT ON MONEY JUDGMENTS ISSUED DUE TO VIOLATIONS OF MUNIC-
    6  IPAL  LAW  PROVIDED,  HOWEVER,  THAT  SUCH ATTACHMENT MAY BE ISSUED ONLY
    7  AGAINST THE CANDIDATE'S BANK ACCOUNT OR THE BANK ACCOUNT  OF  ANY  POLI-
    8  TICAL COMMITTEE FORMED BY SUCH CANDIDATE.
    9    S 3. This act shall take effect immediately.