senate Bill S839

2011-2012 Legislative Session

Relates to payment for police services provided to the New York city housing authority

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to housing, construction and community development
Jan 05, 2011 referred to housing, construction and community development

S839 - Bill Details

See Assembly Version of this Bill:
A3635
Current Committee:
Law Section:
Public Housing Law
Laws Affected:
Amd ยง402, Pub Hous L
Versions Introduced in 2009-2010 Legislative Session:
S3545, A8659

S839 - Bill Texts

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Provides that the New York city housing authority shall not be required to pay for police services provided to the New York city housing authority by the city of New York.

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BILL NUMBER:S839

TITLE OF BILL:
An act
to amend the election law, in relation to enacting the "2012 Fair
Elections
Act"; to amend the election law, the state finance law and the tax law,
in relation to providing for optional partial public financing of
certain election campaigns in this state; and to amend the general
business law, in relation to additional surcharges

SUBJECT AND PURPOSE:
To provide optional public financing of campaigns
for statewide offices, state legislative offices and constitutional
convention delegates.

SUMMARY AND DESCRIPTION OF PROVISIONS:
The bill adds a new Title II to
Article 14 to provide for public financing of primary and general
election campaigns for statewide office, primary, general and special
election campaigns for state legislative office and primary and
general election campaigns for constitutional convention delegates.

CRITERIA FOR PARTICIPATION:
To be eligible for public financing, a
candidate for nomination or election to a statewide office, state
legislative office or as a constitutional convention delegate must
satisfy the legal requirements for having his.or her name on the
ballot, elect to participate in the public financing system, meet the
threshold for eligibility and agree to file required statements and
authorize a single participating committee.

ELIGIBILITY THRESHOLD:
Governor: Must collect not less than $650,000 from at least 6,500
matchable contributions made up of sums of up to $250 per individual
contributor who resides in New York State.

Lt. Governor (primary only), Attorney Gem, & Comptroller: Must collect
not less than $200,000 from at least 2,000 matchable contributions
made up of sums of up to $250 per individual contributor who resides
in New York state.

Senate: Must collect not less than $20,000 from at least 200 matchable
contributions made up of sums of up to $250 per individual
contributor who resides in New York state including at least $12,500
from at least 125 individual contributors who reside in the senate
district in which the seat is to be filled.

Assembly: Must collect not less than $10,000 from at least 100
matchable contributions made up of sums of up to $250 per individual
contributor who resides in New York state including at least $5,000

from at least 50 individual contributors who reside in the assembly
district in which the seat is to be filled.

At-large Delegate to a Constitutional Convention: Must collect not
less than $20,000 from at least 200 matchable contributions made up
of sums of up to $250 per individual contributor who resides in New
York State.

District Delegate to a Constitutional Convention: Must collect not
less than $5,000 from at least 50 matchable contributions made up of
sums of up to $250 per individual contributor who resides in the
district in which the seat is to be filled.

MATCHABLE CONTRIBUTIONS:
Matchable contributions may be collected
after January first of the year of the primary or general election.
For a special election, may be collected up to six months before the
election. Consist of the net amount of contributions after deduction
of the value of any food, drink or entertainment provided in exchange
for the contribution. Only contributions from persons who reside in
New York State are matchable.

THE MATCH:
Eligible contributions up to $250 are matched at the rate
of $6 for every $1.

MISCELLANEOUS RULES:
To receive public funds for a primary election, a
participating candidate must agree to receive public funding for the
general election.

Participating candidates who are unopposed in a primary election may
not receive public funds. Participating candidates whose opponents
don't raise or spend 10% of the public funds receipt limit for the
office that they are seeking are deemed unopposed.

Participating candidates that are unopposed may raise private funds of
up to 50% of the expenditure limit if there is a contest in the
primary for at least one other party for such office. Such funds may
only be raised with contributions of up to $2000 per contributor.

Candidates who are challenged in a primary and who do not seek public
funds are not eligible for public funds for the, general election.

Candidates who are unopposed in a general or special election may not
receive public funds.

PERMISSIBLE AND PROHIBITED USES OF PUBLIC FUNDS:
Public funds may be
used only for qualified campaign expenditures during the year of the
primary or general election. For a special election, such funds may
only be used in the 3 months prior to the election. They may not be

used for expenditures in violation of law, for payments to a
candidate or to a relative of the candidate (or to any business
entity of which such a person is an officer or employee or has a ten
percent or greater ownership interest), for payments in excess of
fair market value, for any
expenditure after the candidate or the candidate's only remaining
opponent has been disqualified (until and unless reversed), to
challenge an opponent's petitions or Certificates, for non-campaign
related food, drink or entertainment, or for gifts.

CONTRIBUTION LIMIT:
All candidates who choose to participate in the
Public financing system have a Contribution limit of $2,000 per
contributor.

PUBLIC FUNDS RECEIPT LIMITS:

The following limits on public funds apply to all candidates who
Participate in the public financing system:

General Election Primary

Governor $ 12,000,000 $9,000,000
Lt. Governor -- $6,000,000
Attorney General &
Comptroller $ 8,000,000 Same as Lt. Governor
State Senator $ 350,000
Member of Assembly $ 150,000 $ 150,000
At Large Delegate $ 350,000 $ 175,000
District Delegate $ 75,000 $ 50,000

NOTE: A participating candidate may raise unlimited amounts of private
money subject to the $2,000 per contributor limitation.

PARTY EXPENDITURES IN SUPPORT OF PARTICIPATING CANDIDATES:

Notwithstanding the expenditure limits for participating candidates, a
State party committee may make the following expenditures for services
to participating candidates the party has nominated:

Gov. and Lt. Gov. $2,500,000
Att. Gen or Comp. $1,000,000
Senate $100,000
State Assembly $50,000
At-large Delegate $50,000
District Delegate $10,000

* Transfers to a participating candidate may constitute up to
251 of such party expenditures.

ENFORCEMENT:

Enforcement of the new Title II will be handled by a newly
created Campaign Finance Board. This will be a new unit
within the State Board of Elections charged with the oversight
and enforcement under the new Title II public finance scheme.
The campaign Finance Board will be comprised of five members.
The members of the board will be appointed as follows:
one by the Governor and one by each of the four legislative
leaders.

DEBATES:
Participating candidates are required to participate in at
least one debate before the primary election and in at least one
debate before the general election for which the candidate receives
public funds, unless the Participating candidate is running
unopposed. A nonparticipating candidate may be a party to such debates.

SOURCES OF FUNDING:

The bill provides for three separate sources of funding for the public
financing regime:

1) The bill provides an income tax check-off of $5. Such monies would
be paid into a separate fund, known as the New York State Campaign
Finance Fund. The taxpayers' tax liability would not be affected by
making this designation.

2) In addition, the bill imposes an additional 10% surcharge on
recoveries for fraudulent practices relating to stocks, bonds, other
securities as well as all other recoveries having to do With fraud by
the Attorney General.

3) If the state campaign finance fund lacks the money to pay all
properly certified claims the deficiency will be paid from the
general fund.

PENALTIES:

CIVIL

* The failure to make proper campaign finance filings, as required by
Title II and rules and regulations Promulgated thereunder, shall
subject the offender to a civil penalty of up to $5000.

* Any person or authorized committee who knowingly and willfully
violates any other provision of Title II or any regulations
promulgated thereunder shall subject the offender to a civil penalty
of up to $10,000.

CRIMINAL

* All prosecutions under Title II for criminal acts shall be
prosecuted by the Attorney General.

* The failure to make proper campaign finance filings, as required by
Title II within 10 days or anyone that willfully violates any other
provision of this title shall be guilty,of a misdemeanor, and in
addition to such other penalties as may be provided by law; shall be
subject to a fine not to exceed the amount of $10,000.

* Any person who knowingly and willfully contributes, accepts or aids or
participates in the acceptance of a contribution in an amount
exceeding an applicable maximum specified in this article shall be
guilty of a misdemeanor and shall be subject to a tine not to exceed
the amount of $10,000.

* Any person who knowingly and willfully makes a false statement or
knowingly omits a material fact to the campaign finance board or an
auditor designated by the campaign finance board during any audit
conducted pursuant to new section 14-214 of the Election Law shall be
guilty of a class E felony.

* In addition to any other sentence lawfully imposed upon a finding of
guilt in a criminal prosecution commenced under the provisions of
this bill, a court.may order a defendant to repay to the campaign
finance board any public matching funds obtained as a result of any
criminal conduct.

LEGISLATIVE HISTORY:
A.8902A of 2009
S.7036B of 2011
04/24/12 Referred to Elections
04/25/12 Amend and Recommit to Elections
04/25/12 Print Number 7036A
05/02/12 Amend and Recommit to Elections
05/02/12 Print Number 7036B

JUSTIFICATION:
This public financing bill provides a comprehensive yet
balanced approach to the public financing of political campaigns. It
contains significant but realistic limitations on expenditures and
contribution receipts, a means for recovering public funds when they
are unspent, excessive or used for prohibited purposes, and penalties
for violations of the filing requirements or the expenditure
limitations for participants.

The "matching grant" structure of the program has several advantages.
It will reduce the amount of time a candidate must spend raising
money, leaving More time to address the issues that are important to
the public. The matching component allows for participation by
private citizens throughout the campaign while also conserving
resources by ensuring that only candidates who can show substantial
voter support and face opposition will be eligible to receive public
funds.

Overall, the bill strikes a balance that allows challengers and
incumbents to compete fairly while capping the amount of public funds
that will be expended.

FISCAL IMPLICATIONS:
There will be no cost in 2012. In 2014, there
could he costs associated with participating candidates seeking
election to the office of state comptroller. There would be no cost
in 2013. In 2016, there could be costs associated with participating
candidates seeking election to state legislative office. In 2018,
there could be costs associated with participating candidates seeking
election to a statewide office or as a constitutional delegate. Other
states that have public financing systems in place have had very low
participation rates at first with increasing participation in later
elections. The long term cost of the system in New York is unknown.

EFFECTIVE DATE:
This act takes effect immediately; provided, however,
that candidates for state comptroller will be eligible to participate
in the public financing system beginning with the 2015 election, state
legislative candidates will be eligible to participate in 2017 and all
statewide candidates and constitutional delegates will be eligible to
participate in 2019.

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

                                   839

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

AN  ACT  to amend the public housing law, in relation to police services
  provided to the New York city housing authority

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

  Section  1. Section 402 of the public housing law is amended by adding
a new subdivision 5-b to read as follows:
  5-B. THE NEW YORK CITY HOUSING AUTHORITY SHALL NOT BE REQUIRED TO  PAY
ANY CHARGES, ASSESSMENTS OR OTHER FEES IN CONNECTION WITH POLICE PATROLS
PROVIDED  TO  HOUSING FACILITIES BY THE NEW YORK CITY POLICE DEPARTMENT.
ANY PROVISION OF ANY AGREEMENT, CONTRACT, MEMORANDUM  OF  UNDERSTANDING,
OR OTHER ARRANGEMENT BY WHICH THE NEW YORK CITY HOUSING AUTHORITY AGREES
OR  IS REQUIRED TO PAY ANY SUCH CHARGE, ASSESSMENT OR OTHER FEE SHALL BE
NULL AND VOID; PROVIDED THAT THIS SUBDIVISION SHALL NOT AFFECT OR IMPAIR
THE EFFECTIVENESS OR ENFORCEABILITY  OF  ANY  OTHER  PROVISION  OF  SUCH
AGREEMENT, CONTRACT, MEMORANDUM OF UNDERSTANDING, OR OTHER ARRANGEMENT.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01025-02-1

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