NY State Senate Bill 2009-S6012

Archive: Last 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to elections
Jun 19, 2009	referred to rules

2009-S6012 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§14-102 & 14-104, El L

2009-S6012 (ACTIVE) - Summary

Relates to unlawful contributions to candidates and political committees.

2009-S6012 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6012

 TITLE OF BILL :

An act to amend the election law, in relation to contributions to
political committees and candidates


 PURPOSE :

This bill would require a process for the return of unlawfully
provided campaign contributions.

 SUMMARY OF PROVISIONS :

Section 1 would amend Election Law (ELN) § 14-102 by adding a new
subdivision (b) to require the treasurer of a political committee to
return political campaign contributions when it is determined that
such contributions had been made in violation of any law.

Section 2 would add a new subdivision 4 to ELN § 14-104 to require the
candidate of a political committee to return political campaign
contributions when it is determined that such contributions had been
made in violation of any law.  Failure to return the unlawfully
donated funds would be a class B misdemeanor.

Section 3 of the bill provides that it would be effective immediately.

 EXISTING LAW :

Currently there is no process for the return of unlawful donations to
political campaigns.

 STATEMENT IN SUPPORT :

Not-for-profit charities known as 501 (c)(3) organizations under the
federal tax code are barred from making campaign contributions and
from involvement in political campaigns. Federal law prohibits such
organizations from engaging in political activity, and if they engage
in such activity, it could jeopardize their tax exempt status.
However, there is no requirement for the return of any unlawfully made
political contributions by such organization.

This bill would require either a candidate or the campaign committee
treasurer return the funds immediately upon determining that such a
contribution is not permitted under the law. Failure to return a known
unlawful contribution would be punishable as a class B misdemeanor.

 BUDGET IMPLICATIONS :

None.

 EFFECTIVE DATE :
This bill would take effect immediately upon enactment.

2009-S6012 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6012

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced by Sen. ADDABBO -- (at request of the Governor) -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Rules

AN  ACT to amend the election law, in relation to contributions to poli-
  tical committees and candidates

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of section 14-102 of the election law, as
amended by chapter 8 of the laws of 1978 and as redesignated by  chapter
9 of the laws of 1978, is amended to read as follows:
  1.  (A) The treasurer of every political committee which, or any offi-
cer, member or agent of any such committee who, in connection  with  any
election,  receives  or  expends  any  money  or other valuable thing or
incurs any liability to pay money or its equivalent  shall  file  state-
ments  sworn,  or subscribed and bearing a form notice that false state-
ments made therein are punishable as a class A misdemeanor  pursuant  to
section 210.45 of the penal law, at the times prescribed by this article
setting forth all the receipts, contributions to and the expenditures by
and  liabilities  of  the  committee,  and  of its officers, members and
agents in 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
copy of the evidence of indebtedness. Expenditures in sums  under  fifty

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10676-01-9

S. 6012                             2

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, provided however,
that such expenditures, receipts and contributions shall be  subject  to
the other provisions of section 14-118 of this article.
  (B)  WHENEVER  A  POLITICAL  COMMITTEE  RECEIVES A CONTRIBUTION FROM A
DONOR, THE TREASURER OF SUCH COMMITTEE SHALL DETERMINE THE STATUS OF THE
DONOR IF THE DONOR IS NOT AN INDIVIDUAL,  AND  SHALL  DETERMINE  IF  THE
CONTRIBUTION  IS BEING MADE LAWFULLY. IF THE TREASURER DETERMINES THAT A
CONTRIBUTION HAS BEEN MADE IN VIOLATION OF THE PROVISIONS OF THIS  CHAP-
TER  OR ANY OTHER LAW, THE TREASURER MUST RETURN THE CONTRIBUTION TO THE
DONOR. FAILURE OF THE TREASURER TO RETURN THE CONTRIBUTION TO THE  DONOR
SHALL BE A CLASS B MISDEMEANOR.
  S  2.  Section  14-104  of the election law is amended by adding a new
subdivision 4 to read as follows:
  4. WHENEVER A CANDIDATE RECEIVES A  CONTRIBUTION  FROM  A  DONOR,  THE
CANDIDATE SHALL DETERMINE THE STATUS OF THE DONOR IF THE DONOR IS NOT AN
INDIVIDUAL,  AND  SHALL  DETERMINE  IF  THE  CONTRIBUTION  IS BEING MADE
LAWFULLY. IF THE CANDIDATE DETERMINES THAT A CONTRIBUTION HAS BEEN  MADE
IN  VIOLATION  OF  THE  PROVISIONS OF THIS CHAPTER OR ANY OTHER LAW, THE
CANDIDATE MUST RETURN THE CONTRIBUTION TO  THE  DONOR.  FAILURE  OF  THE
CANDIDATE  TO  RETURN  THE  CONTRIBUTION TO THE DONOR SHALL BE A CLASS B
MISDEMEANOR.
  S 3. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S6012

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

Actions

2009-S6012 (ACTIVE) - Details

2009-S6012 (ACTIVE) - Summary

2009-S6012 (ACTIVE) - Sponsor Memo

2009-S6012 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-S6012

Senate Bill S6012

Share this bill

Sponsored By

Joseph P. Addabbo Jr.

Archive: Last Bill Status - In Senate Committee Elections Committee

Actions

2009-S6012 (ACTIVE) - Details

2009-S6012 (ACTIVE) - Summary

2009-S6012 (ACTIVE) - Sponsor Memo

2009-S6012 (ACTIVE) - Bill Text download pdf

Comments