Bill Text: NY S05148 | 2019-2020 | General Assembly | Amended

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Bill Title: Prohibits campaign contributions to candidates for state senate and assembly by certain members of the legislative ethics commission; provides an exemption that permits present members of the legislature to make campaign contributions; imposes penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-12-28 - COMMITTED TO RULES [S05148 Detail]

Download: New_York-2019-S05148-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5148--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 11, 2019
                                       ___________
        Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Ethics and Internal Gover-
          nance -- committee discharged,  bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
        AN ACT to amend the legislative law and the election law, in relation to
          prohibiting  campaign contributions to candidates for state senate and
          assembly by certain members of the legislative ethics commission
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  80 of the legislative law is amended by adding a
     2  new subdivision 3-a to read as follows:
     3    3-a. No member of the commission shall  make  a  contribution  to  any
     4  candidate  for  state  senate  or  assembly; provided, however, that the
     5  provisions of this subdivision shall not apply to members of the commis-
     6  sion who are present members of the legislature.
     7    § 2. Subdivision 1 of section 14-114 of the election law is amended by
     8  adding a new paragraph d to read as follows:
     9    d. In any election for state senate or  assembly,  no  member  of  the
    10  legislative ethics commission as defined in section eighty of the legis-
    11  lative  law,  shall  make a contribution to a candidate and no candidate
    12  shall accept a contribution from a member  of  such  legislative  ethics
    13  commission;  provided,  however,  that  the provisions of this paragraph
    14  shall not apply to members of the commission who are present members  of
    15  the legislature.
    16    §  3.  Section  14-126  of the election law is amended by adding a new
    17  subdivision 8 to read as follows:
    18    8. (a) Any member of the legislative  ethics  commission,  who,  under
    19  circumstances  evincing  an intent to violate such law, makes a contrib-
    20  ution in contravention of paragraph d  of  subdivision  one  of  section
    21  14-114 of this article shall be subject to a civil penalty not to exceed
    22  the  greater  of  ten thousand dollars or an amount equal to two hundred
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10534-02-9
        S. 5148--A                          2
     1  percent of the contribution, to be recoverable in a  special  proceeding
     2  or  civil  action  to  be  brought by the state board of elections chief
     3  enforcement counsel.
     4    (b)  Any person who, acting as or on behalf of an officeholder, candi-
     5  date, or political committee, accepts a contribution in contravention of
     6  paragraph d of subdivision one of section 14-114 of this  article  shall
     7  be required to refund such contribution.
     8    § 4. This act shall take effect on the one hundred eightieth day after
     9  it shall have become a law.