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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5148
                               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
        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 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.
     5    § 2. Subdivision 1 of section 14-114 of the election law is amended by
     6  adding a new paragraph d to read as follows:
     7    d. In any election for state senate or  assembly,  no  member  of  the
     8  legislative ethics commission as defined in section eighty of the legis-
     9  lative  law,  shall  make a contribution to a candidate and no candidate
    10  shall accept a contribution from a member  of  such  legislative  ethics
    11  commission.
    12    §  3.  Section  14-126  of the election law is amended by adding a new
    13  subdivision 8 to read as follows:
    14    8. (a) Any member of the legislative  ethics  commission,  who,  under
    15  circumstances  evincing  an intent to violate such law, makes a contrib-
    16  ution in contravention of paragraph d  of  subdivision  one  of  section
    17  14-114 of this article shall be subject to a civil penalty not to exceed
    18  the  greater  of  ten thousand dollars or an amount equal to two hundred
    19  percent of the contribution, to be recoverable in a  special  proceeding
    20  or  civil  action  to  be  brought by the state board of elections chief
    21  enforcement counsel.
    22    (b) Any person who, acting as or on behalf of an officeholder,  candi-
    23  date, or political committee, accepts a contribution in contravention of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10534-01-9
        S. 5148                             2
     1  paragraph  d  of subdivision one of section 14-114 of this article shall
     2  be required to refund such contribution.
     3    § 4. This act shall take effect on the one hundred eightieth day after
     4  it shall have become a law.