Senate Bill S743C

2009-2010 Legislative Session

Relates to defining permissible personal use of campaign contributions

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance 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

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2010	reported and committed to finance
May 19, 2010	print number 743c
May 19, 2010	amend and recommit to codes
Apr 30, 2010	print number 743b
Apr 30, 2010	amend and recommit to codes
Apr 27, 2010	reported and committed to codes
Jan 06, 2010	referred to elections
May 21, 2009	print number 743a
May 21, 2009	amend and recommit to elections
Jan 15, 2009	referred to elections

Votes

- Apr 27, 2010 - Elections Committee Vote
  S743C
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  4
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Elections Committee Vote: Apr 27, 2010
      
      aye (2)
      
      Addabbo Jr.
      
      Serrano
      
      aye wr (4)
      
      Dilan
      
      Foley
      
      Griffo
      
      Libous
      
      excused (1)
      
      Morahan
  Jun 2, 2010 - Codes Committee Vote
  S743C
  
  Aye
  
  9
  
  Nay
  
  3
  
  Aye with Reservations
  
  4
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Codes Committee Vote: Jun 2, 2010
      
      aye (9)
      
      Breslin
      
      Duane
      
      Huntley
      
      Klein
      
      Parker
      
      Perkins
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      nay (3)
      
      Flanagan
      
      Golden
      
      Volker
      
      aye wr (4)
      
      Bonacic
      
      DeFrancisco
      
      Lanza
      
      Saland

Bill Amendments

2009-S743 - Details

See Assembly Version of this Bill:: A812
Current Committee:: Senate Finance
Law Section:: Election Law
Laws Affected:: Amd §§14-130 & 14-102, El L; amd §74, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A321
2013-2014: A1248
2015-2016: A1253

2009-S743 - Summary

Relates to defining permissible personal use of campaign contributions; provides options for the disposition of unused campaign funds; prohibits certain state employees from accepting campaign contributions for election to state or federal office.

2009-S743 - Sponsor Memo

                                 BILL NUMBER:  S743

 TITLE OF BILL :
An act to amend the election law and the public officers law, in
relation to campaign funds for personal use


 PURPOSE :
This legislation will more clearly delineate how candidates for
elected office can and cannot use their campaign funds, establish
rules and methods for the disposal of excess campaign funds and for
the timing of such disposal, require that they specifically detail
campaign contributions by lobbyists and prohibit the soliciting or
receiving of contribution for campaigns for state or federal office by
senior policy makers in the executive and legislative branch.

 JUSTIFICATION :
This bill addresses a number of concerns with how campaign funds are
raised and expended. Currently, New York's election law, allowing
candidates to spend campaign funds for "any lawful purpose," is among
the most lax in the nation. While spending campaign funds for personal
use is technically prohibited, the lack of any definition for what
constitutes a personal use renders the provision meaningless. This
shortcoming in the law is striking when compared to the detailed
restrictions issued by the Federal Election Commission.  And when it
is combined with the provision that allows elected officials to retain

campaign funds for any use related to the holding of public office, it
gives legislators virtual carte blanche for expenditures that are, at
best, tangentially related to their campaigns and official duties.

Examples of successful, unsuccessful or former candidates using excess
campaign funds for luxury vehicles, sky boxes, extravagant meals,
inter-national travel and home improvements have regularly appeared in
newspapers across the state. There is a growing and justifiable public
perception that campaign funds are being used to enhance the post
election lifestyles of candidates for public office. Such largesse
turns the ideal of representatives serving the public on its head.

Campaign donors have a reasonable expectation that their contributions
will be used for the candidate's election efforts and the execution of
his or her duties. They do not expect their contributions to subsidize
personal spending. This legislation addresses these abuses while
preserving elected officials' ability to fund the legitimate work of
their offices.

By adding a detailed list, both in generalities and specific examples,
to the current language, the line as to what can and cannot be done is
brightly drawn. In addition to the obvious need to spend campaign
funds on campaigns, the expanded definition makes it clear that
expenditures related to holding public office are restricted to those
costs that would not otherwise be incurred if an individual was a
private citizen.

In addition, the bill sets limits on how long campaign committees can
be maintained by former candidates. Reports of committees continuing
years after campaigns were ended are all too common. By setting time
limits and also specifying how excess funs can be disbursed, this
abuse will be eliminated.

The bill also requires campaign committees to identify contributions
from lobbyists registered with the Temporary State Lobbying
Commission.  This is in response to concerns that recent changes in
the interpretation of what constitutes an illegal gift by the
commission will result in the use of campaign funds from lobbyists in
place of the prohibited gifts from lobbyists. Coupled with the more
stringent standard for the personal use of campaign funds, the
detailing of lobbyists contributions will make it all the more
difficult to justify such expenditures.

Finally the bill prohibits the soliciting or receiving of
contributions for a campaign for state or federal office while in a
senior policy position in the legislative or executive branch. This is
in response to the recent disclosure that the head of an executive
agency who acknowledged that he was not a candidate for any office,
continued to raise and spend campaign funds to enhance his life style.
To engage in such actions while overseeing an industry which is
actively and at great expense lobbies state government, at the very
least gives the impression that favorable decisions were being sold
and, true or not, feeds public cynicism. The legislation, again in
conjunction with the new, more clearly delineated limits on the use of
campaign funds, prohibits such misuse of campaign funds.

 LEGISLATIVE HISTORY :
2006 - S.8004

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become law; provided, however, that the state board of elections shall
notify all registered campaign committees of the applicable provisions
of this act within thirty days after this act shall have become law.

2009-S743 - Bill Text download pdf

co-Sponsors

2009-S743A - Details

See Assembly Version of this Bill:: A812
Current Committee:: Senate Finance
Law Section:: Election Law
Laws Affected:: Amd §§14-130 & 14-102, El L; amd §74, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A321
2013-2014: A1248
2015-2016: A1253

2009-S743A - Summary

2009-S743A - Sponsor Memo

                                 BILL NUMBER:  S743A

 TITLE OF BILL :
An act to amend the election law and the public officers law, in
relation to campaign funds for personal use


 PURPOSE :
This legislation will more clearly delineate how candidates for
elected office can and cannot use their campaign funds, establish
rules and methods for the disposal of excess campaign funds and for
the timing of such disposal, require that they specifically detail
campaign contributions by lobbyists and prohibit the soliciting or
receiving of contribution for campaigns for state or federal office by
senior policy makers in the executive and legislative branch.

 JUSTIFICATION :
This bill addresses a number of concerns with how campaign funds are
raised and expended. Currently, New York's election law, allowing
candidates to spend campaign funds for "any lawful purpose," is among
the most lax in the nation. While spending campaign funds for personal
use is technically prohibited, the lack of any definition for what
constitutes a personal use renders the provision meaningless. This
shortcoming in the law is striking when compared to the detailed
restrictions issued by the Federal Election Commission.  And when it
is combined with the provision that allows elected officials to retain

campaign funds for any use related to the holding of public office, it
gives legislators virtual carte blanche for expenditures that are, at
best, tangentially related to their campaigns and official duties.

Examples of successful, unsuccessful or former candidates using excess
campaign funds for luxury vehicles, sky boxes, extravagant meals,
inter-national travel and home improvements have regularly appeared in
newspapers across the state. There is a growing and justifiable public
perception that campaign funds are being used to enhance the post
election lifestyles of candidates for public office. Such largesse
turns the ideal of representatives serving the public on its head.

Campaign donors have a reasonable expectation that their contributions
will be used for the candidate's election efforts and the execution of
his or her duties. They do not expect their contributions to subsidize
personal spending. This legislation addresses these abuses while
preserving elected officials' ability to fund the legitimate work of
their offices.

By adding a detailed list, both in generalities and specific examples,
to the current language, the line as to what can and cannot be done is
brightly drawn. In addition to the obvious need to spend campaign
funds on campaigns, the expanded definition makes it clear that
expenditures related to holding public office are restricted to those
costs that would not otherwise be incurred if an individual was a
private citizen.

In addition, the bill sets limits on how long campaign committees can
be maintained by former candidates. Reports of committees continuing
years after campaigns were ended are all too common. By setting time
limits and also specifying how excess funs can be disbursed, this
abuse will be eliminated.

The bill also requires campaign committees to identify contributions
from lobbyists registered with the Temporary State Lobbying
Commission.  This is in response to concerns that recent changes in
the interpretation of what constitutes an illegal gift by the
commission will result in the use of campaign funds from lobbyists in
place of the prohibited gifts from lobbyists. Coupled with the more
stringent standard for the personal use of campaign funds, the
detailing of lobbyists contributions will make it all the more
difficult to justify such expenditures.

Finally the bill prohibits the soliciting or receiving of
contributions for a campaign for state or federal office while in a
senior policy position in the legislative or executive branch. This is
in response to the recent disclosure that the head of an executive
agency who acknowledged that he was not a candidate for any office,
continued to raise and spend campaign funds to enhance his life style.
To engage in such actions while overseeing an industry which is
actively and at great expense lobbies state government, at the very
least gives the impression that favorable decisions were being sold
and, true or not, feeds public cynicism. The legislation, again in
conjunction with the new, more clearly delineated limits on the use of
campaign funds, prohibits such misuse of campaign funds.

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become law; provided, however, that the state board of elections shall
notify all registered campaign committees of the applicable provisions
of this act within thirty days after this act shall have become law.

2009-S743A - Bill Text download pdf

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

                                 743--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 15, 2009
                               ___________

Introduced  by  Sens.  KRUEGER, DUANE, SERRANO -- read twice and ordered
  printed, and  when  printed  to  be  committed  to  the  Committee  on
  Elections  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the  election  law  and  the  public  officers  law,  in
  relation to campaign funds for personal use

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

  Section 1. Section 14-130 of the election law, as added by chapter 152
of the laws of 1985, is amended to read as follows:
  S 14-130. Campaign funds for personal use. 1.  Contributions  received
by  a  candidate  or a political committee may ONLY be expended for [any
lawful purpose. Such funds shall not be converted by  any  person  to  a
personal  use  which is unrelated to a political campaign or the holding
of a public office  or  party  position]  BONA  FIDE  PURPOSES  DIRECTLY
RELATED TO EITHER:
  A. PROMOTING THE NOMINATION OR ELECTION OF A CANDIDATE; OR
  B.  PERFORMING  THOSE  DUTIES OF PUBLIC OFFICE OR PARTY POSITION WHICH
ARE NOT PAID FOR OR ELIGIBLE FOR REIMBURSEMENT BY THE STATE OR ANY POLI-
TICAL SUBDIVISION OR PRIVATE PARTY.
  2. PERMISSIBLE ORDINARY AND NECESSARY EXPENSES RELATING TO THE HOLDING
OF PUBLIC OFFICE OR PARTY POSITION SHALL INCLUDE:
  A. PRODUCTION AND CIRCULATION OF FLYERS  OR  OTHER  WRITTEN  MATERIALS
RELATED  TO  DUTIES  OF OFFICEHOLDER; THE PLACEMENT OF HOLIDAY GREETINGS
AND CONGRATULATORY ADS AND MEMORIAL NOTICES IN LOCAL  NEWSPAPERS,  MAGA-
ZINES, JOURNALS OR OTHER PUBLICATION;
  B.  SPONSORSHIP OR HOSTING OF COMMUNITY MEETINGS; TICKETS OR DONATIONS
TO LOCAL CHARITABLE, NON-PROFIT OR POLITICAL  EVENTS,  ORGANIZATIONS  OR
ACTIVITIES  THAT  PROMOTE  THE  WELFARE  OF  CONSTITUENTS  OR  POLITICAL
CAMPAIGNS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00572-04-9

S. 743--A                           2

  C. INCIDENTAL EXPENDITURES FOR THE OPERATION OF  LEGISLATIVE  OFFICES,
INCLUDING  PURCHASE OF ITEMS SUCH AS MEMORIAL OR GET-WELL GIFTS, FLOWERS
OR SIMILAR ITEMS OF NOMINAL VALUE FOR CONSTITUENTS OR OTHERS;
  D. MEMBERSHIP IN ORGANIZATIONS RELATED TO OFFICIAL DUTIES AND COSTS OF
ATTENDING  INFORMATIONAL  MEETINGS  ATTENDED  IN  CONNECTION  WITH  SUCH
DUTIES; AND
  E. TRAVEL RELATED TO DUTIES OF OFFICE, PROVIDED THAT THE TRAVEL IS NOT
UNDERTAKEN FOR ANY PURPOSE RESULTING IN A PERSONAL OR FINANCIAL  BENEFIT
TO THE CANDIDATE OR OFFICEHOLDER. IF SUCH EXPENSES INVOLVE BOTH PERSONAL
ACTIVITY  AND  CAMPAIGN OR OFFICIAL ACTIVITIES, THE INCREMENTAL EXPENSES
ASSOCIATED WITH THE PERSONAL ACTIVITIES ARE  PERSONAL  USES  UNLESS  THE
CAMPAIGN  IS  REIMBURSED  FOR  SUCH  SUMS FROM OTHER THAN CAMPAIGN FUNDS
WITHIN THIRTY DAYS OF THE EXPENDITURE.
  NOTHING IN THIS SECTION SHALL PROHIBIT  A  CANDIDATE  FROM  PURCHASING
OFFICE  EQUIPMENT WITH PERSONAL FUNDS AND LEASING OR RENTING SUCH EQUIP-
MENT OR PROPERTY TO A COMMITTEE  WORKING  WITH  OR  FOR  THE  CANDIDATE,
PROVIDED THE CANDIDATE OR THE CAMPAIGN TREASURER SIGN A WRITTEN LEASE OR
RENTAL  AGREEMENT  AND  FILES  IT WITH THE APPROPRIATE REQUIRED CAMPAIGN
FINANCIAL FILING WHICH SHALL INCLUDE THE LEASE  OR  RENTAL  PRICE  WHICH
SHALL  NOT  EXCEED THE FAIR LEASE OR RENTAL VALUE OF THE EQUIPMENT OR IN
THE AGGREGATE EXCEED THE COST OF ITS PURCHASE.
  3. CAMPAIGN FUNDS SHALL NOT BE CONVERTED TO PERSONAL USE, WHICH  SHALL
BE DEFINED AS EXPENDITURES THAT:
  A. ARE FOR THE PERSONAL BENEFIT OF OR TO DEFRAY NORMAL LIVING EXPENSES
OF THE CANDIDATE, OFFICEHOLDER, IMMEDIATE FAMILY OR PARTNER OF EITHER OR
ANY OTHER PERSON;
  B.  ARE  USED  TO  FULFILL ANY COMMITMENT, OBLIGATION, OR EXPENSE THAT
WOULD EXIST IRRESPECTIVE OF THE CANDIDATE'S CAMPAIGN  OR  DUTIES  AS  AN
OFFICEHOLDER; OR
  C. ARE PUT TO ANY USE FOR WHICH THE CANDIDATE OR OFFICEHOLDER WOULD BE
REQUIRED  TO  TREAT  THE AMOUNT OF THE EXPENDITURE AS GROSS INCOME UNDER
SECTION 61 OF THE INTERNAL REVENUE CODE.
  4. EXPENDITURES FOR PERSONAL USE  SHALL  ALSO  INCLUDE,  BUT  ARE  NOT
LIMITED TO, EXPENDITURES FOR:
  A.  RESIDENTIAL  OR  HOUSEHOLD  ITEMS,  SUPPLIES, MAINTENANCE OR OTHER
EXPENDITURES, INCLUDING MORTGAGE, RENT, UTILITIES, REPAIRS, OR  IMPROVE-
MENTS  FOR  ANY PART OF ANY PERSONAL RESIDENCE OF A CANDIDATE OR OFFICE-
HOLDER, HIS OR HER IMMEDIATE FAMILY OR PARTNER;
  B. RENT OR UTILITY PAYMENTS THAT EXCEED FAIR MARKET VALUE FOR  USE  OF
ANY  PART  OF  ANY  NON-RESIDENTIAL  PROPERTY OWNED BY A CANDIDATE, OR A
MEMBER OF A CANDIDATE'S FAMILY OR PARTNER USED FOR CAMPAIGN PURPOSES;
  C. SALARY AND OTHER FEES FOR BONA  FIDE  SERVICES  TO  A  CAMPAIGN  OR
LEGISLATIVE  OFFICE THAT EXCEED FAIR AND REASONABLE MARKET VALUE OF SUCH
SERVICES;
  D. INTEREST OR ANY OTHER FINANCE CHARGES  FOR  MONIES  LOANED  TO  THE
CAMPAIGN BY THE CANDIDATE OR THE SPOUSE OR PARTNER OF SUCH CANDIDATE;
  E. TUITION PAYMENTS;
  F. DUES, FEES, OR GRATUITIES AT PRIVATE CLUBS, RECREATIONAL FACILITIES
OR  OTHER  NONPOLITICAL  ORGANIZATIONS,  UNLESS  CONNECTED TO A SPECIFIC
WIDELY ATTENDED FUNDRAISING EVENT THAT TAKES PLACE ON THE ORGANIZATION'S
PREMISES;
  G. AUTOMOBILE PURCHASES OR LONG TERM LEASES; SHORT  TERM  CAR  RENTALS
AND  CELLULAR  EQUIPMENT  AND SERVICES NOT USED EXCLUSIVELY FOR CAMPAIGN
PURPOSES OR DUTIES AS AN OFFICEHOLDER;

S. 743--A                           3

  H. ADMISSION TO SPORTING EVENTS, CONCERTS, THEATERS, OR OTHER FORMS OF
ENTERTAINMENT, UNLESS  PART  OF  A  SPECIFIC  CAMPAIGN  OR  OFFICEHOLDER
RELATED ACTIVITY; AND
  I.  PAYMENT OF ANY FINES, FEES, OR PENALTIES ASSESSED PURSUANT TO THIS
CHAPTER.
  5. NO CAMPAIGN FUNDS SHALL BE USED TO PAY ATTORNEY'S FEES OR ANY COSTS
OF DEFENDING AGAINST ANY CIVIL OR CRIMINAL INVESTIGATION OR  PROSECUTION
FOR  ALLEGED  VIOLATIONS  OF  STATE  OR FEDERAL LAW ALLEGED TO HAVE BEEN
COMMITTED WHILE HOLDING PUBLIC OFFICE OR AS A CANDIDATE FOR OFFICE WHERE
THE CANDIDATE OR PUBLIC OR PARTY OFFICIAL, MEMBERS  OF  THEIR  IMMEDIATE
FAMILIES OR PARTNERS OR THE CAMPAIGN IS THE TARGET OF SUCH INVESTIGATION
OR  PROSECUTION  UNLESS  SUCH  EXPENDITURE IS USED EXCLUSIVELY FOR COSTS
RELATED TO CIVIL OR CRIMINAL ACTIONS FOR ALLEGED VIOLATIONS  RELATED  TO
ACTIVITIES PROMOTING THE NOMINATION OR ELECTION OF A CANDIDATE.
  S  2.  The  election  law is amended by adding a new section 14-132 to
read as follows:
  S 14-132. DISPOSITION OF CAMPAIGN FUNDS. 1. AN  AUTHORIZED  CONTINUING
CANDIDATE COMMITTEE MUST DISPOSE OF ALL FUNDS AND CLOSE WITHIN TWO YEARS
AFTER  THE  LATER OF (A) THE END OF THE INDIVIDUAL'S MOST RECENT TERM OF
OFFICE, OR (B) THE DATE OF THE ELECTION IN WHICH THE INDIVIDUAL LAST WAS
A FILED CANDIDATE.
  2. ANY CANDIDATE OR POLITICAL COMMITTEE REQUIRED TO DISPOSE  OF  FUNDS
PURSUANT  TO  THIS SECTION SHALL, AT THE OPTION OF THE CANDIDATE, OR THE
TREASURER OF A POLITICAL COMMITTEE FORMED SOLELY TO PROMOTE THE  PASSAGE
OR  DEFEAT  OF  A  BALLOT  PROPOSAL, DISPOSE OF SUCH FUNDS BY ANY OF THE
FOLLOWING MEANS, OR ANY COMBINATION THEREOF:
  A. RETURNING, PRO RATA, TO EACH CONTRIBUTOR THE FUNDS  THAT  HAVE  NOT
BEEN SPENT OR OBLIGATED;
  B.  DONATING  THE  FUNDS TO A CHARITABLE ORGANIZATION OR ORGANIZATIONS
THAT MEET THE QUALIFICATIONS OF SECTION 501(C)(3) OF THE INTERNAL REVEN-
UE CODE;
  C. DONATING THE FUNDS TO THE STATE UNIVERSITY;
  D. DONATING THE FUNDS TO THE STATE'S GENERAL FUND;
  E. TRANSFERRING THE FUNDS TO A POLITICAL  PARTY  COMMITTEE  REGISTERED
WITH THE STATE BOARD OF ELECTIONS; OR
  F.  CONTRIBUTING  THE FUNDS TO A CANDIDATE OR POLITICAL COMMITTEE SUCH
THAT THIS DOES NOT EXCEED THE LIMITS SET FORTH IN SECTION 14-114 OF THIS
ARTICLE.
  3. NO CANDIDATE OR POLITICAL COMMITTEE SHALL DISPOSE OF CAMPAIGN FUNDS
BY MAKING EXPENDITURES FOR PERSONAL USE AS DEFINED IN SECTION 14-130  OF
THIS ARTICLE.
  4.  UPON THE DEATH OF A CANDIDATE, FORMER CANDIDATE OR HOLDER OF ELEC-
TIVE OFFICE, WHO  RECEIVED  CAMPAIGN  CONTRIBUTIONS,  ALL  CONTRIBUTIONS
SHALL  BE  DISPOSED OF ACCORDING TO THIS SECTION WITHIN TWELVE MONTHS OF
THE DEATH OF THE CANDIDATE.
  S 3. Subdivision 1 of section 14-102 of the election law,  as  amended
by  chapter  8  and  redesignated  by  chapter 9 of the laws of 1978, is
amended to read as follows:
  1. The treasurer of every political committee which, or  any  officer,
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

S. 743--A                           4

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,  IF THE CONTRIBUTOR IS A LOBBYIST REGISTERED PURSUANT TO ARTI-
CLE ONE-A OF THE LEGISLATIVE LAW and if the transferor,  contributor  or
person  is  a  political  committee;  the name of and the political unit
represented by the committee, 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 dollars need not be specifically accounted for by sepa-
rate  items in said statements, and receipts and contributions aggregat-
ing 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 arti-
cle.
  S 4. Subdivision 3 of section 74 of the public officers law is amended
by adding a new paragraph j to read as follows:
  J. NO OFFICER OR EMPLOYEE OF A STATE AGENCY  OR  LEGISLATIVE  EMPLOYEE
REQUIRED TO FILE AN ANNUAL STATEMENT OF FINANCIAL DISCLOSURE PURSUANT TO
SECTION  SEVENTY-THREE-A  OF  THIS  ARTICLE  SHALL  SOLICIT  OR  RECEIVE
CONTRIBUTIONS FOR A CAMPAIGN FOR STATE OR FEDERAL OFFICE.
  S 5. This act shall take effect on the sixtieth  day  after  it  shall
have  become a law; provided, however, that the state board of elections
shall notify  all  registered  campaign  committees  of  the  applicable
provisions  of  this  act  within  thirty days after this act shall have
become a law.

co-Sponsors

2009-S743B - Details

See Assembly Version of this Bill:: A812
Current Committee:: Senate Finance
Law Section:: Election Law
Laws Affected:: Amd §§14-130 & 14-102, El L; amd §74, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A321
2013-2014: A1248
2015-2016: A1253

2009-S743B - Summary

2009-S743B - Sponsor Memo

                                 BILL NUMBER:  S743B

 TITLE OF BILL :

An act to amend the election law and the public officers law, in
relation to campaign funds for personal use


 PURPOSE :

This legislation will more clearly delineate how candidates for
elected office can and cannot use their campaign funds, establish
rules and methods for the disposal of excess campaign funds and for
the timing of such disposal, require that they specifically detail
campaign contributions by lobbyists and prohibit the soliciting or
receiving of contribution for campaigns for state or federal office by
senior policy makers in the executive and legislative branch.

 JUSTIFICATION :

This bill addresses a number of concerns with how campaign funds are
raised and expended. Currently, New York's election law, allowing
candidates to spend campaign funds for "any lawful purpose," is among
the most lax in the nation. While spending campaign funds for personal
use is technically prohibited, the lack of any definition for what
constitutes a personal use renders the provision meaningless. This

shortcoming in the law is striking when compared to the detailed
restrictions issued by the Federal Election Commission.  And when it
is combined with the provision that allows elected officials to retain
campaign funds for any use related to the holding of public office, it
gives legislators virtual carte blanche for expenditures that are, at
best, tangentially related to their campaigns and official duties.

Examples of successful, unsuccessful or former candidates using excess
campaign funds for luxury vehicles, sky boxes, extravagant meals,
international travel and home improvements have regularly appeared in
newspapers across the state. There is a growing and justifiable public
perception that campaign funds are being used to enhance the post
election lifestyles of candidates for public office. Such largesse
turns the ideal of representatives serving the public on its head.

Campaign donors have a reasonable expectation that their contributions
will be used for the candidate's election efforts and the execution of
his or her duties. They do not expect their contributions to subsidize
personal spending. This legislation addresses these abuses while
preserving elected officials' ability to fund the legitimate work of
their offices.

By adding a detailed list, both in generalities and specific examples,
to the current language, the line as to what can and cannot be done is
brightly drawn. In addition to the obvious need to spend campaign
funds on campaigns, the expanded definition makes it clear that
expenditures related to holding public office are restricted to those
costs that would not otherwise be incurred if an individual was a
private citizen.

In addition, the bill sets limits on how long campaign committees can
be maintained by former candidates. Reports of committees continuing
years after campaigns were ended are all too common. By setting time
limits and also specifying how excess funds can be disbursed, this
abuse will be eliminated.

The bill also requires campaign committees to identify contributions
from lobbyists registered with the Temporary State Lobbying
Commission.  This is in response to concerns that recent changes in
the interpretation of what constitutes an illegal gift by the
commission will result in the use of campaign funds from lobbyists in
place of the prohibited gifts from lobbyists. Coupled with the more
stringent standard for the personal use of campaign funds, the
detailing of lobbyists contributions will make it all the more
difficult to justify such expenditures.

Finally the bill prohibits the soliciting or receiving of
contributions for a campaign for state or federal office while in a
senior policy position in the legislative or executive branch. This is
in response to the recent disclosure that the head of an executive
agency who acknowledged that he was not a candidate for any office,
continued to raise and spend campaign funds to enhance his life style.
To engage in such actions while overseeing an industry which is
actively and at great expense lobbies state government, at the very
least gives the impression that favorable decisions were being sold
and, true or not, feeds public cynicism. The legislation, again in
conjunction with the new, more clearly delineated limits on the use of
campaign funds, prohibits such misuse of campaign funds.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S743B - Bill Text download pdf

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

                                 743--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 15, 2009
                               ___________

Introduced  by Sens. KRUEGER, DUANE, SCHNEIDERMAN, SERRANO -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Elections -- committee discharged, bill amended, ordered  reprinted
  as  amended  and  recommitted  to said committee -- recommitted to the
  Committee on Elections in accordance with Senate Rule  6,  sec.  8  --
  reported  favorably from said committee and committed to the Committee
  on Codes -- committee discharged, bill amended, ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the  election  law  and  the public officers law, in
  relation to campaign funds for personal use

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

  Section 1. Section 14-130 of the election law, as added by chapter 152
of the laws of 1985, is amended to read as follows:
  S  14-130.  Campaign funds for personal use. 1. Contributions received
by a candidate or a political committee may ONLY be  expended  for  [any
lawful  purpose.  Such  funds  shall not be converted by any person to a
personal use which is unrelated to a political campaign or  the  holding
of  a  public  office  or  party  position]  BONA FIDE PURPOSES DIRECTLY
RELATED TO EITHER:
  A. PROMOTING THE NOMINATION OR ELECTION OF A CANDIDATE; OR
  B. PERFORMING THOSE DUTIES OF PUBLIC OFFICE OR  PARTY  POSITION  WHICH
ARE NOT PAID FOR OR ELIGIBLE FOR REIMBURSEMENT BY THE STATE OR ANY POLI-
TICAL SUBDIVISION OR PRIVATE PARTY.
  2. PERMISSIBLE ORDINARY AND NECESSARY EXPENSES RELATING TO THE HOLDING
OF PUBLIC OFFICE OR PARTY POSITION SHALL INCLUDE:
  A.  PRODUCTION  AND  CIRCULATION  OF FLYERS OR OTHER WRITTEN MATERIALS
RELATED TO DUTIES OF OFFICEHOLDER; THE PLACEMENT  OF  HOLIDAY  GREETINGS
AND  CONGRATULATORY  ADS AND MEMORIAL NOTICES IN LOCAL NEWSPAPERS, MAGA-
ZINES, JOURNALS OR OTHER PUBLICATION;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00572-06-0

S. 743--B                           2

  B. SPONSORSHIP OR HOSTING OF COMMUNITY MEETINGS; TICKETS OR  DONATIONS
TO  LOCAL  CHARITABLE,  NON-PROFIT OR POLITICAL EVENTS, ORGANIZATIONS OR
ACTIVITIES  THAT  PROMOTE  THE  WELFARE  OF  CONSTITUENTS  OR  POLITICAL
CAMPAIGNS;
  C.  INCIDENTAL  EXPENDITURES FOR THE OPERATION OF LEGISLATIVE OFFICES,
INCLUDING PURCHASE OF ITEMS SUCH AS MEMORIAL OR GET-WELL GIFTS,  FLOWERS
OR SIMILAR ITEMS OF NOMINAL VALUE FOR CONSTITUENTS OR OTHERS;
  D. MEMBERSHIP IN ORGANIZATIONS RELATED TO OFFICIAL DUTIES AND COSTS OF
ATTENDING  INFORMATIONAL  MEETINGS  ATTENDED  IN  CONNECTION  WITH  SUCH
DUTIES; AND
  E. TRAVEL RELATED TO DUTIES OF OFFICE, PROVIDED THAT THE TRAVEL IS NOT
UNDERTAKEN FOR ANY PURPOSE RESULTING IN A PERSONAL OR FINANCIAL  BENEFIT
TO THE CANDIDATE OR OFFICEHOLDER. IF SUCH EXPENSES INVOLVE BOTH PERSONAL
ACTIVITY  AND  CAMPAIGN OR OFFICIAL ACTIVITIES, THE INCREMENTAL EXPENSES
ASSOCIATED WITH THE PERSONAL ACTIVITIES ARE  PERSONAL  USES  UNLESS  THE
CAMPAIGN  IS  REIMBURSED  FOR  SUCH  SUMS FROM OTHER THAN CAMPAIGN FUNDS
WITHIN THIRTY DAYS OF THE EXPENDITURE.
  NOTHING IN THIS SECTION SHALL PROHIBIT  A  CANDIDATE  FROM  PURCHASING
OFFICE  EQUIPMENT WITH PERSONAL FUNDS AND LEASING OR RENTING SUCH EQUIP-
MENT OR PROPERTY TO A COMMITTEE  WORKING  WITH  OR  FOR  THE  CANDIDATE,
PROVIDED THE CANDIDATE OR THE CAMPAIGN TREASURER SIGN A WRITTEN LEASE OR
RENTAL  AGREEMENT  AND  FILES  IT WITH THE APPROPRIATE REQUIRED CAMPAIGN
FINANCIAL FILING WHICH SHALL INCLUDE THE LEASE  OR  RENTAL  PRICE  WHICH
SHALL  NOT  EXCEED THE FAIR LEASE OR RENTAL VALUE OF THE EQUIPMENT OR IN
THE AGGREGATE EXCEED THE COST OF ITS PURCHASE.
  3. CAMPAIGN FUNDS SHALL NOT BE CONVERTED TO PERSONAL USE, WHICH  SHALL
BE DEFINED AS EXPENDITURES THAT:
  A. ARE FOR THE PERSONAL BENEFIT OF OR TO DEFRAY NORMAL LIVING EXPENSES
OF THE CANDIDATE, OFFICEHOLDER, IMMEDIATE FAMILY OR PARTNER OF EITHER OR
ANY OTHER PERSON;
  B.  ARE  USED  TO  FULFILL ANY COMMITMENT, OBLIGATION, OR EXPENSE THAT
WOULD EXIST IRRESPECTIVE OF THE CANDIDATE'S CAMPAIGN  OR  DUTIES  AS  AN
OFFICEHOLDER; OR
  C. ARE PUT TO ANY USE FOR WHICH THE CANDIDATE OR OFFICEHOLDER WOULD BE
REQUIRED  TO  TREAT  THE AMOUNT OF THE EXPENDITURE AS GROSS INCOME UNDER
SECTION 61 OF THE INTERNAL REVENUE CODE.
  4. EXPENDITURES FOR PERSONAL USE  SHALL  ALSO  INCLUDE,  BUT  ARE  NOT
LIMITED TO, EXPENDITURES FOR:
  A.  RESIDENTIAL  OR  HOUSEHOLD  ITEMS,  SUPPLIES, MAINTENANCE OR OTHER
EXPENDITURES, INCLUDING MORTGAGE, RENT, UTILITIES, REPAIRS, OR  IMPROVE-
MENTS  FOR  ANY PART OF ANY PERSONAL RESIDENCE OF A CANDIDATE OR OFFICE-
HOLDER, HIS OR HER IMMEDIATE FAMILY OR PARTNER;
  B. RENT OR UTILITY PAYMENTS THAT EXCEED FAIR MARKET VALUE FOR  USE  OF
ANY  PART  OF  ANY  NON-RESIDENTIAL  PROPERTY OWNED BY A CANDIDATE, OR A
MEMBER OF A CANDIDATE'S FAMILY OR PARTNER USED FOR CAMPAIGN PURPOSES;
  C. SALARY AND OTHER FEES FOR BONA  FIDE  SERVICES  TO  A  CAMPAIGN  OR
LEGISLATIVE  OFFICE THAT EXCEED FAIR AND REASONABLE MARKET VALUE OF SUCH
SERVICES;
  D. INTEREST OR ANY OTHER FINANCE CHARGES  FOR  MONIES  LOANED  TO  THE
CAMPAIGN BY THE CANDIDATE OR THE SPOUSE OR PARTNER OF SUCH CANDIDATE;
  E. TUITION PAYMENTS;
  F. DUES, FEES, OR GRATUITIES AT PRIVATE CLUBS, RECREATIONAL FACILITIES
OR  OTHER  NONPOLITICAL  ORGANIZATIONS,  UNLESS  CONNECTED TO A SPECIFIC
WIDELY ATTENDED FUNDRAISING EVENT THAT TAKES PLACE ON THE ORGANIZATION'S
PREMISES;

S. 743--B                           3

  G. AUTOMOBILE PURCHASES OR LONG TERM LEASES; SHORT  TERM  CAR  RENTALS
AND  CELLULAR  EQUIPMENT  AND SERVICES NOT USED EXCLUSIVELY FOR CAMPAIGN
PURPOSES OR DUTIES AS AN OFFICEHOLDER;
  H. ADMISSION TO SPORTING EVENTS, CONCERTS, THEATERS, OR OTHER FORMS OF
ENTERTAINMENT,  UNLESS  PART  OF  A  SPECIFIC  CAMPAIGN  OR OFFICEHOLDER
RELATED ACTIVITY; AND
  I. PAYMENT OF ANY FINES, FEES, OR PENALTIES ASSESSED PURSUANT TO  THIS
CHAPTER.
  5. NO CAMPAIGN FUNDS SHALL BE USED TO PAY ATTORNEY'S FEES OR ANY COSTS
OF  DEFENDING AGAINST ANY CIVIL OR CRIMINAL INVESTIGATION OR PROSECUTION
FOR ALLEGED VIOLATIONS OF STATE OR FEDERAL  LAW  ALLEGED  TO  HAVE  BEEN
COMMITTED WHILE HOLDING PUBLIC OFFICE OR AS A CANDIDATE FOR OFFICE WHERE
THE  CANDIDATE  OR  PUBLIC OR PARTY OFFICIAL, MEMBERS OF THEIR IMMEDIATE
FAMILIES OR PARTNERS OR THE CAMPAIGN IS THE TARGET OF SUCH INVESTIGATION
OR PROSECUTION UNLESS SUCH EXPENDITURE IS  USED  EXCLUSIVELY  FOR  COSTS
RELATED  TO  CIVIL OR CRIMINAL ACTIONS FOR ALLEGED VIOLATIONS RELATED TO
ACTIVITIES PROMOTING THE NOMINATION OR ELECTION OF A CANDIDATE.
  S 2. The election law is amended by adding a  new  section  14-132  to
read as follows:
  S  14-132.  DISPOSITION OF CAMPAIGN FUNDS. 1. AN AUTHORIZED CONTINUING
CANDIDATE COMMITTEE MUST DISPOSE OF ALL  FUNDS  AND  CLOSE  WITHIN  FOUR
YEARS  AFTER  THE  LATER  OF (A) THE END OF THE INDIVIDUAL'S MOST RECENT
TERM OF OFFICE, OR (B) THE DATE OF THE ELECTION IN WHICH THE  INDIVIDUAL
LAST WAS A FILED CANDIDATE.
  2.  ANY  CANDIDATE OR POLITICAL COMMITTEE REQUIRED TO DISPOSE OF FUNDS
PURSUANT TO THIS SECTION SHALL, AT THE OPTION OF THE CANDIDATE,  OR  THE
TREASURER  OF A POLITICAL COMMITTEE FORMED SOLELY TO PROMOTE THE PASSAGE
OR DEFEAT OF A BALLOT PROPOSAL, DISPOSE OF SUCH  FUNDS  BY  ANY  OF  THE
FOLLOWING MEANS, OR ANY COMBINATION THEREOF:
  A.  RETURNING,  PRO  RATA, TO EACH CONTRIBUTOR THE FUNDS THAT HAVE NOT
BEEN SPENT OR OBLIGATED;
  B. DONATING THE FUNDS TO A CHARITABLE  ORGANIZATION  OR  ORGANIZATIONS
THAT MEET THE QUALIFICATIONS OF SECTION 501(C)(3) OF THE INTERNAL REVEN-
UE CODE;
  C. DONATING THE FUNDS TO THE STATE UNIVERSITY;
  D. DONATING THE FUNDS TO THE STATE'S GENERAL FUND;
  E.  TRANSFERRING  THE  FUNDS TO A POLITICAL PARTY COMMITTEE REGISTERED
WITH THE STATE BOARD OF ELECTIONS; OR
  F. CONTRIBUTING THE FUNDS TO A CANDIDATE OR POLITICAL  COMMITTEE  SUCH
THAT THIS DOES NOT EXCEED THE LIMITS SET FORTH IN SECTION 14-114 OF THIS
ARTICLE.
  3. NO CANDIDATE OR POLITICAL COMMITTEE SHALL DISPOSE OF CAMPAIGN FUNDS
BY  MAKING EXPENDITURES FOR PERSONAL USE AS DEFINED IN SECTION 14-130 OF
THIS ARTICLE.
  4. UPON THE DEATH OF A CANDIDATE, FORMER CANDIDATE OR HOLDER OF  ELEC-
TIVE  OFFICE,  WHO  RECEIVED  CAMPAIGN  CONTRIBUTIONS, ALL CONTRIBUTIONS
SHALL BE DISPOSED OF ACCORDING TO THIS SECTION WITHIN TWELVE  MONTHS  OF
THE DEATH OF THE CANDIDATE.
  S  3.  Subdivision 1 of section 14-102 of the election law, as amended
by chapter 8 and redesignated by chapter 9  of  the  laws  of  1978,  is
amended to read as follows:
  1.  The  treasurer of every political committee which, or any officer,
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-

S. 743--B                           4

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,  IF THE CONTRIBUTOR IS A LOBBYIST REGISTERED PURSUANT TO ARTI-
CLE ONE-A OF THE LEGISLATIVE LAW and if the transferor,  contributor  or
person  is  a  political  committee;  the name of and the political unit
represented by the committee, 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 dollars need not be specifically accounted for by sepa-
rate  items in said statements, and receipts and contributions aggregat-
ing 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 arti-
cle.
  S 4. Subdivision 3 of section 74 of the public officers law is amended
by adding a new paragraph j to read as follows:
  J. NO OFFICER OR EMPLOYEE OF A STATE AGENCY  OR  LEGISLATIVE  EMPLOYEE
REQUIRED TO FILE AN ANNUAL STATEMENT OF FINANCIAL DISCLOSURE PURSUANT TO
SECTION  SEVENTY-THREE-A  OF  THIS  ARTICLE  SHALL  SOLICIT  OR  RECEIVE
CONTRIBUTIONS FOR A CAMPAIGN FOR STATE OR FEDERAL OFFICE.
  S 5. This act shall take effect on the sixtieth  day  after  it  shall
have  become a law; provided, however, that the state board of elections
shall notify  all  registered  campaign  committees  of  the  applicable
provisions  of  this  act  within  thirty days after this act shall have
become a law.

co-Sponsors

View additional co-sponsors

2009-S743C (ACTIVE) - Details

See Assembly Version of this Bill:: A812
Current Committee:: Senate Finance
Law Section:: Election Law
Laws Affected:: Amd §§14-130 & 14-102, El L; amd §74, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A321
2013-2014: A1248
2015-2016: A1253

2009-S743C (ACTIVE) - Summary

2009-S743C (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S743C

 TITLE OF BILL :
An act to amend the election law and the public officers law, in
relation to campaign funds for personal use


 PURPOSE :
This legislation will more clearly delineate how candidates for
elected office can and cannot use their campaign funds, establish
rules and methods for the disposal of excess campaign funds and for
the timing of such disposal, require that they specifically detail
campaign contributions by lobbyists and prohibit the soliciting or
receiving of contributions for campaigns for state or federal office
by senior policy makers in the executive branch.

 JUSTIFICATION :
This bill addresses a number of concerns with how campaign funds are
raised and expended. Currently, New York's election law, allowing
candidates to spend campaign funds for "any lawful purpose," is among
the most lax in the nation. While spending campaign fluids for
personal use is technically prohibited, the lack of any definition for
what constitutes a personal use renders the provision meaningless.
This shortcoming in the law is striking when compared to the detailed
restrictions issued by the Federal Election Commission.  And when it
is combined with the provision that allows elected officials to retain

campaign funds for any use related to the holding of public office, it
gives legislators virtual carte blanche for expenditures that are, at
best, tangentially related to their campaigns and official duties.

Examples of successful, unsuccessful or former candidates using excess
campaign funds for luxury vehicles, sky boxes, extravagant meals,
inter-national travel and home improvements have regularly appeared in
newspapers across the state. There is a growing and justifiable public
perception that campaign funds are being used to enhance the post
election lifestyles of candidates for public office. Such largesse
turns the ideal of representatives serving the public on its head.

Campaign donors have a reasonable expectation that their contributions
will be used for the candidate's election efforts and the execution of
his or her duties. They do not expect their contributions to subsidize
personal spending. This legislation addresses these abuses while
preserving elected officials' ability to fluid the legitimate work of
their offices.

By adding a detailed list, both in generalities and specific examples,
to the current language, the line as to what can and cannot be done is
brightly drawn. In addition to the obvious need to spend campaign
funds on campaigns, the expanded definition makes it clear that
expenditures related to holding public office are restricted to those
costs that would not otherwise be incurred if an individual was a
private citizen.

In addition, the bill sets limits on how long campaign committees can
be maintained by former candidates. Reports of committees continuing
years after campaigns were ended are all too common. By setting time
limits and also specifying how excess funs can be disbursed, this
abuse will be eliminated.

The bill also requires campaign committees to identify contributions
from lobbyists registered with the Temporary State Lobbying
Commission.  This is in response to concerns that recent changes in
the interpretation of what constitutes an illegal gift by the
commission will result in the use of campaign funds from lobbyists in
place of the prohibited gifts from lobbyists. Coupled with the more
stringent standard for the personal use of campaign funds, the
detailing of lobbyists contributions will make it all the more
difficult to justify such expenditures.

Finally the bill prohibits the soliciting or receiving of
contributions for a campaign for state or federal office while in a
senior policy position in the executive branch. This is in response to
the recent disclosure that the head of an executive agency who
acknowledged that he was not a candidate for any office, continued to
raise and spend campaign funds to enhance his life style. To engage in
such actions while overseeing an industry which is actively and at
great expense lobbies state government, at the very least gives the
impression that favorable decisions were being sold and, true or not,
feeds public cynicism. The legislation, again in conjunction with the
new, more clearly delineated limits on the use of campaign funds,
prohibits such misuse of campaign funds.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become law; provided, however, that the state board of elections shall
notify all registered campaign committees of the applicable provisions
of this act within thirty days after this act shall have become law.

2009-S743C (ACTIVE) - Bill Text download pdf

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

                                 743--C

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 15, 2009
                               ___________

Introduced  by Sens. KRUEGER, DUANE, SCHNEIDERMAN, SERRANO -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Elections -- committee discharged, bill amended, ordered  reprinted
  as  amended  and  recommitted  to said committee -- recommitted to the
  Committee on Elections in accordance with Senate Rule  6,  sec.  8  --
  reported  favorably from said committee and committed to the Committee
  on Codes -- committee discharged, bill amended, ordered  reprinted  as
  amended  and  recommitted  to  said committee -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to  amend  the  election  law  and  the public officers law, in
  relation to campaign funds for personal use

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

  Section 1. Section 14-130 of the election law, as added by chapter 152
of the laws of 1985, is amended to read as follows:
  S  14-130.  Campaign funds for personal use. 1. Contributions received
by a candidate or a political committee may ONLY be  expended  for  [any
lawful  purpose.  Such  funds  shall not be converted by any person to a
personal use which is unrelated to a political campaign or  the  holding
of  a  public  office  or  party  position]  BONA FIDE PURPOSES DIRECTLY
RELATED TO EITHER:
  A. PROMOTING THE NOMINATION OR ELECTION OF A CANDIDATE; OR
  B. PERFORMING THOSE DUTIES OF PUBLIC OFFICE OR  PARTY  POSITION  WHICH
ARE NOT PAID FOR OR ELIGIBLE FOR REIMBURSEMENT BY THE STATE OR ANY POLI-
TICAL SUBDIVISION OR PRIVATE PARTY.
  2. PERMISSIBLE ORDINARY AND NECESSARY EXPENSES RELATING TO THE HOLDING
OF PUBLIC OFFICE OR PARTY POSITION SHALL INCLUDE:
  A.  PRODUCTION  AND  CIRCULATION  OF FLYERS OR OTHER WRITTEN MATERIALS
RELATED TO DUTIES OF OFFICEHOLDER; THE PLACEMENT  OF  HOLIDAY  GREETINGS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00572-08-0

S. 743--C                           2

AND  CONGRATULATORY  ADS AND MEMORIAL NOTICES IN LOCAL NEWSPAPERS, MAGA-
ZINES, JOURNALS OR OTHER PUBLICATION;
  B.  SPONSORSHIP OR HOSTING OF COMMUNITY MEETINGS; TICKETS OR DONATIONS
TO LOCAL CHARITABLE, NON-PROFIT OR POLITICAL  EVENTS,  ORGANIZATIONS  OR
ACTIVITIES  THAT  PROMOTE  THE  WELFARE  OF  CONSTITUENTS  OR  POLITICAL
CAMPAIGNS;
  C. INCIDENTAL EXPENDITURES FOR THE OPERATION OF  LEGISLATIVE  OFFICES,
INCLUDING  PURCHASE OF ITEMS SUCH AS MEMORIAL OR GET-WELL GIFTS, FLOWERS
OR SIMILAR ITEMS OF NOMINAL VALUE FOR CONSTITUENTS OR OTHERS;
  D. MEMBERSHIP IN ORGANIZATIONS RELATED TO OFFICIAL DUTIES AND COSTS OF
ATTENDING  INFORMATIONAL  MEETINGS  ATTENDED  IN  CONNECTION  WITH  SUCH
DUTIES; AND
  E. TRAVEL RELATED TO DUTIES OF OFFICE, PROVIDED THAT THE TRAVEL IS NOT
UNDERTAKEN  FOR ANY PURPOSE RESULTING IN A PERSONAL OR FINANCIAL BENEFIT
TO THE CANDIDATE OR OFFICEHOLDER. IF SUCH EXPENSES INVOLVE BOTH PERSONAL
ACTIVITY AND CAMPAIGN OR OFFICIAL ACTIVITIES, THE  INCREMENTAL  EXPENSES
ASSOCIATED  WITH  THE  PERSONAL  ACTIVITIES ARE PERSONAL USES UNLESS THE
CAMPAIGN IS REIMBURSED FOR SUCH SUMS  FROM  OTHER  THAN  CAMPAIGN  FUNDS
WITHIN THIRTY DAYS OF THE EXPENDITURE.
  NOTHING  IN  THIS  SECTION  SHALL PROHIBIT A CANDIDATE FROM PURCHASING
OFFICE EQUIPMENT WITH PERSONAL FUNDS AND LEASING OR RENTING SUCH  EQUIP-
MENT  OR  PROPERTY  TO  A  COMMITTEE  WORKING WITH OR FOR THE CANDIDATE,
PROVIDED THE CANDIDATE OR THE CAMPAIGN TREASURER SIGN A WRITTEN LEASE OR
RENTAL AGREEMENT AND FILES IT WITH  THE  APPROPRIATE  REQUIRED  CAMPAIGN
FINANCIAL  FILING  WHICH  SHALL  INCLUDE THE LEASE OR RENTAL PRICE WHICH
SHALL NOT EXCEED THE FAIR LEASE OR RENTAL VALUE OF THE EQUIPMENT  OR  IN
THE AGGREGATE EXCEED THE COST OF ITS PURCHASE.
  3.  CAMPAIGN FUNDS SHALL NOT BE CONVERTED TO PERSONAL USE, WHICH SHALL
BE DEFINED AS EXPENDITURES THAT:
  A. ARE FOR THE PERSONAL BENEFIT OF OR TO DEFRAY NORMAL LIVING EXPENSES
OF THE CANDIDATE, OFFICEHOLDER, IMMEDIATE FAMILY OR PARTNER OF EITHER OR
ANY OTHER PERSON;
  B. ARE USED TO FULFILL ANY COMMITMENT,  OBLIGATION,  OR  EXPENSE  THAT
WOULD  EXIST  IRRESPECTIVE  OF  THE CANDIDATE'S CAMPAIGN OR DUTIES AS AN
OFFICEHOLDER; OR
  C. ARE PUT TO ANY USE FOR WHICH THE CANDIDATE OR OFFICEHOLDER WOULD BE
REQUIRED TO TREAT THE AMOUNT OF THE EXPENDITURE AS  GROSS  INCOME  UNDER
SECTION 61 OF THE INTERNAL REVENUE CODE.
  4.  EXPENDITURES  FOR  PERSONAL  USE  SHALL  ALSO INCLUDE, BUT ARE NOT
LIMITED TO, EXPENDITURES FOR:
  A. RESIDENTIAL OR HOUSEHOLD  ITEMS,  SUPPLIES,  MAINTENANCE  OR  OTHER
EXPENDITURES,  INCLUDING MORTGAGE, RENT, UTILITIES, REPAIRS, OR IMPROVE-
MENTS FOR ANY PART OF ANY PERSONAL RESIDENCE OF A CANDIDATE  OR  OFFICE-
HOLDER, HIS OR HER IMMEDIATE FAMILY OR PARTNER;
  B.  RENT  OR UTILITY PAYMENTS THAT EXCEED FAIR MARKET VALUE FOR USE OF
ANY PART OF ANY NON-RESIDENTIAL PROPERTY OWNED  BY  A  CANDIDATE,  OR  A
MEMBER OF A CANDIDATE'S FAMILY OR PARTNER USED FOR CAMPAIGN PURPOSES;
  C.  SALARY  AND  OTHER  FEES  FOR  BONA FIDE SERVICES TO A CAMPAIGN OR
LEGISLATIVE OFFICE THAT EXCEED FAIR AND REASONABLE MARKET VALUE OF  SUCH
SERVICES;
  D.  INTEREST  OR  ANY  OTHER  FINANCE CHARGES FOR MONIES LOANED TO THE
CAMPAIGN BY THE CANDIDATE OR THE SPOUSE OR PARTNER OF SUCH CANDIDATE;
  E. TUITION PAYMENTS;
  F. DUES, FEES, OR GRATUITIES AT PRIVATE CLUBS, RECREATIONAL FACILITIES
OR OTHER NONPOLITICAL ORGANIZATIONS,  UNLESS  CONNECTED  TO  A  SPECIFIC

S. 743--C                           3

WIDELY ATTENDED FUNDRAISING EVENT THAT TAKES PLACE ON THE ORGANIZATION'S
PREMISES;
  G.  AUTOMOBILE  PURCHASES  OR LONG TERM LEASES; SHORT TERM CAR RENTALS
AND CELLULAR EQUIPMENT AND SERVICES NOT USED  EXCLUSIVELY  FOR  CAMPAIGN
PURPOSES OR DUTIES AS AN OFFICEHOLDER;
  H. ADMISSION TO SPORTING EVENTS, CONCERTS, THEATERS, OR OTHER FORMS OF
ENTERTAINMENT,  UNLESS  PART  OF  A  SPECIFIC  CAMPAIGN  OR OFFICEHOLDER
RELATED ACTIVITY; AND
  I. PAYMENT OF ANY FINES, FEES, OR PENALTIES ASSESSED PURSUANT TO  THIS
CHAPTER.
  5. NO CAMPAIGN FUNDS SHALL BE USED TO PAY ATTORNEY'S FEES OR ANY COSTS
OF  DEFENDING AGAINST ANY CIVIL OR CRIMINAL INVESTIGATION OR PROSECUTION
FOR ALLEGED VIOLATIONS OF STATE OR FEDERAL  LAW  ALLEGED  TO  HAVE  BEEN
COMMITTED WHILE HOLDING PUBLIC OFFICE OR AS A CANDIDATE FOR OFFICE WHERE
THE  CANDIDATE  OR  PUBLIC OR PARTY OFFICIAL, MEMBERS OF THEIR IMMEDIATE
FAMILIES OR PARTNERS OR THE CAMPAIGN IS THE TARGET OF SUCH INVESTIGATION
OR PROSECUTION UNLESS SUCH EXPENDITURE IS  USED  EXCLUSIVELY  FOR  COSTS
RELATED  TO  CIVIL OR CRIMINAL ACTIONS FOR ALLEGED VIOLATIONS RELATED TO
ACTIVITIES PROMOTING THE NOMINATION OR ELECTION OF A CANDIDATE.
  S 2. The election law is amended by adding a  new  section  14-132  to
read as follows:
  S  14-132.  DISPOSITION OF CAMPAIGN FUNDS. 1. AN AUTHORIZED CONTINUING
CANDIDATE COMMITTEE MUST DISPOSE OF ALL  FUNDS  AND  CLOSE  WITHIN  FOUR
YEARS  AFTER  THE  LATER  OF (A) THE END OF THE INDIVIDUAL'S MOST RECENT
TERM OF OFFICE, OR (B) THE DATE OF THE ELECTION IN WHICH THE  INDIVIDUAL
LAST WAS A FILED CANDIDATE.
  2.  ANY  CANDIDATE OR POLITICAL COMMITTEE REQUIRED TO DISPOSE OF FUNDS
PURSUANT TO THIS SECTION SHALL, AT THE OPTION OF THE CANDIDATE,  OR  THE
TREASURER  OF A POLITICAL COMMITTEE FORMED SOLELY TO PROMOTE THE PASSAGE
OR DEFEAT OF A BALLOT PROPOSAL, DISPOSE OF SUCH  FUNDS  BY  ANY  OF  THE
FOLLOWING MEANS, OR ANY COMBINATION THEREOF:
  A.  RETURNING,  PRO  RATA, TO EACH CONTRIBUTOR THE FUNDS THAT HAVE NOT
BEEN SPENT OR OBLIGATED;
  B. DONATING THE FUNDS TO A CHARITABLE  ORGANIZATION  OR  ORGANIZATIONS
THAT MEET THE QUALIFICATIONS OF SECTION 501(C)(3) OF THE INTERNAL REVEN-
UE CODE;
  C. DONATING THE FUNDS TO THE STATE UNIVERSITY;
  D. DONATING THE FUNDS TO THE STATE'S GENERAL FUND;
  E.  TRANSFERRING  THE  FUNDS TO A POLITICAL PARTY COMMITTEE REGISTERED
WITH THE STATE BOARD OF ELECTIONS; OR
  F. CONTRIBUTING THE FUNDS TO A CANDIDATE OR POLITICAL  COMMITTEE  SUCH
THAT THIS DOES NOT EXCEED THE LIMITS SET FORTH IN SECTION 14-114 OF THIS
ARTICLE.
  3. NO CANDIDATE OR POLITICAL COMMITTEE SHALL DISPOSE OF CAMPAIGN FUNDS
BY  MAKING EXPENDITURES FOR PERSONAL USE AS DEFINED IN SECTION 14-130 OF
THIS ARTICLE.
  4. UPON THE DEATH OF A CANDIDATE, FORMER CANDIDATE OR HOLDER OF  ELEC-
TIVE  OFFICE,  WHO  RECEIVED  CAMPAIGN  CONTRIBUTIONS, ALL CONTRIBUTIONS
SHALL BE DISPOSED OF ACCORDING TO THIS SECTION WITHIN TWELVE  MONTHS  OF
THE DEATH OF THE CANDIDATE.
  S  3.  Subdivision 1 of section 14-102 of the election law, as amended
by chapter 8 and redesignated by chapter 9  of  the  laws  of  1978,  is
amended to read as follows:
  1.  The  treasurer of every political committee which, or any officer,
member or agent of any  such  committee  who,  in  connection  with  any
election,  receives  or  expends  any  money  or other valuable thing or

S. 743--C                           4

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,  IF THE CONTRIBUTOR IS A LOBBYIST REGISTERED PURSUANT TO ARTI-
CLE ONE-A OF THE LEGISLATIVE LAW and if the transferor,  contributor  or
person  is  a  political  committee;  the name of and the political unit
represented by the committee, 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 dollars need not be specifically accounted for by sepa-
rate  items in said statements, and receipts and contributions aggregat-
ing 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 arti-
cle.
  S 4. Subdivision 3 of section 74 of the public officers law is amended
by adding a new paragraph j to read as follows:
  J. NO OFFICER OR EMPLOYEE OF A STATE AGENCY REQUIRED TO FILE AN ANNUAL
STATEMENT OF FINANCIAL DISCLOSURE PURSUANT TO SECTION SEVENTY-THREE-A OF
THIS ARTICLE SHALL SOLICIT OR RECEIVE CONTRIBUTIONS FOR A  CAMPAIGN  FOR
STATE OR FEDERAL OFFICE.
  S  5.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided, however, that the state board of  elections
shall  notify  all  registered  campaign  committees  of  the applicable
provisions of this act within thirty days  after  this  act  shall  have
become a law.

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Senate Bill S743C

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Archive: Last Bill Status - In Senate Committee Finance Committee

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Apr 27, 2010 - Elections Committee Vote

Elections Committee Vote: Apr 27, 2010

Jun 2, 2010 - Codes Committee Vote

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