Senate Bill S7324

                                 BILL NUMBER:  S7324

 TITLE OF BILL :
An act to amend the election law, in relation to allowing
commissioners, officers, or members of the police force to collect and
receive money for political funds, clubs, associations, societies, or
committees without being guilty of a misdemeanor


 PURPOSE :
This legislation would remove certain activities from being chargeable
misdemeanors.

 SUMMARY OF PROVISIONS :
Subdivision 2 and 3 of Section 17-110 of the Election law, subdivision
3 as amended by Chapter 215 of the Laws of 1983, are amended to remove
certain activities from being chargeable misdemeanors.

 JUSTIFICATION :
Section 17-110 of the Election Law governs the political activities of
commissioners, officers or members of the police force. Under current
law, it is a misdemeanor to utilize the status or authority as a law
enforcement officer as a means of aiding or hindering a political
entity. This provision is justified and should be strictly adhered to
and those found in violation should rightfully be punished to the
fullest extent of the law.
              

This misdemeanor charge, however, would also apply to such law
enforcement officers who solicit, collect or receive any money for any
political fund, club, association or committee.  Essentially, this
precludes police officers with political ambitions from personally
accepting donations to their campaigns and further technical
interpretation could even prevent them from attending a fundraiser in
their honor without being in violation of the law.

Police officers who choose in their private life to become politically
active in their community may find it difficult to adhere to such
strict boundaries and run an effective campaign without fear of
inadvertently violating the law. Recently, a town police lieutenant
ran a campaign to fill a vacant seat on the Southampton Town Board,
the current restrictions placed on police officers by the election Law
forced this legitimate candidate to keep a distance from the handling
of campaign finances. This legislation would remove these campaign
finance activities from being a chargeable misdemeanor.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None to state.

 EFFECTIVE DATE :
Immediately.