| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 13, 2012 |
print number 890a |
| Jan 13, 2012 |
amend and recommit to elections |
| Jan 04, 2012 |
referred to elections |
| Jan 05, 2011 |
referred to elections |
Senate Bill S890A
2011-2012 Legislative Session
Sponsored By
(D, WF) 28th Senate District
Archive: Last Bill Status - In Senate Committee Elections Committee
Actions
Bill Amendments
2011-S890 - Details
2011-S890 - Sponsor Memo
BILL NUMBER:S890
TITLE OF BILL:
An act to amend the election law, in relation to increasing penalties
for certain violations
PURPOSE:
This legislation would increase fines and penalties for certain
violations; requires refund of certain illegal contributions.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends Election Law § 14-126 to increase civil
penalties for penalties for violations of New York's campaign finance
laws. The bill imposes civil penalties of up to $10,000 for: (1)
acceptance of excess contributions; (2) expending campaign funds for
personal use; and (3) political committee violations of the campaign
finance law. Those who fail to file campaign finance statements will
be subject to a $1,000 fine, doubled from the current $500 fine.
JUSTIFICATION:
Current penalties for violations of campaign finance laws in New York
are either nonexistent or extremely weak. The maximum civil fine for
violating campaign finance disclosure laws is only $500. The fines
under current law are far too low, considering the level of
contributions candidates receive. This legislation is an important
component of a series of meaningful campaign finance reforms for New
2011-S890 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
890
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections
AN ACT to amend the election law, in relation to increasing penalties
for certain violations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 14-126 of the election law, as amended by chapter
8 of the laws of 1978, subdivision 1 as amended by chapter 128 of the
laws of 1994 and subdivisions 2, 3 and 4 as redesignated by chapter 9 of
the laws of 1978, is amended to read as follows:
S 14-126. Violations; penalties. 1. Any person who fails to file a
statement required to be filed by this article shall be subject to a
civil penalty, not in excess of [five hundred] ONE THOUSAND dollars, to
be recoverable in a special proceeding or civil action to be brought by
the state board of elections [or other board of elections] PURSUANT TO
SECTION 16-114 OF THIS CHAPTER.
2. ANY PERSON WHO, ACTING AS OR ON BEHALF OF A CANDIDATE OR POLITICAL
COMMITTEE, UNDER CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE SUCH LAW,
UNLAWFULLY ACCEPTS A MONETARY CONTRIBUTION IN EXCESS OF A CONTRIBUTION
LIMITATION ESTABLISHED IN THIS ARTICLE, SHALL BE REQUIRED TO REFUND SUCH
EXCESS AMOUNT AND SHALL BE SUBJECT TO A CIVIL PENALTY EQUAL TO TWO TIMES
THE EXCESS AMOUNT PLUS A FINE OF UP TO TEN THOUSAND DOLLARS, TO BE
RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT BY THE
STATE BOARD OF ELECTIONS.
3. ANY PERSON WHO, ACTING AS OR ON BEHALF OF A CANDIDATE OR POLITICAL
COMMITTEE, UNDER CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE SUCH LAW,
UNLAWFULLY (A) EXPENDS CAMPAIGN FUNDS FOR A PERSONAL USE IN VIOLATION OF
THIS ARTICLE, OR (B) CONDUCTS ACTIVITIES PROHIBITED BY THIS ARTICLE,
SHALL BE SUBJECT TO A CIVIL PENALTY, NOT IN EXCESS OF TEN THOUSAND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00713-02-1
2011-S890A (ACTIVE) - Details
2011-S890A (ACTIVE) - Sponsor Memo
BILL NUMBER:S890A
TITLE OF BILL:
An act
to amend the election law, in relation to
increasing penalties for
certain violations
PURPOSE:
This legislation would increase fines and penalties for certain
violations; requires refund of certain illegal contributions.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends Election Law § 14-126 to increase civil
penalties for violations of New York's campaign finance laws. The
bill imposes civil penalties of up to $10,000 for expending campaign
funds for personal use; and political committee violations of the
campaign finance law.
The bill also creates a penalty for those who establish a partnership
or limited liability company to evade the contribution limits. The
penalty would be two times the amount contributed plus a fine of
10,000 in a civil proceeding brought by the board of elections.
JUSTIFICATION:
Current penalties for violations of campaign finance laws in New York
2011-S890A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
890--A
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections -- recommitted
to the Committee on Elections in accordance with Senate Rule 6, sec. 8
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the election law, in relation to increasing penalties
for certain violations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 14-126 of the election law, as amended by section
3 of part E of chapter 399 of the laws of 2011, is amended to read as
follows:
S 14-126. Violations; penalties. 1. Any person who fails to file a
statement required to be filed by this article shall be subject to a
civil penalty, not in excess of one thousand dollars, to be recoverable
in a special proceeding or civil action to be brought by the state board
of elections [or other board of elections] PURSUANT TO SECTION 16-114 OF
THIS CHAPTER. Any person who, three or more times within a given
election cycle for such term of office, fails to file a statement or
statements required to be filed by this article, shall be subject to a
civil penalty, not in excess of ten thousand dollars, to be recoverable
as provided for in this subdivision.
2. Any person who, acting as or on behalf of a candidate or political
committee, under circumstances evincing an intent to violate such law,
unlawfully accepts a contribution in excess of a contribution limitation
established in this article, shall be required to refund such excess
amount and shall be subject to a civil penalty equal to the excess
amount plus a fine of up to ten thousand dollars, to be recoverable in a
special proceeding or civil action to be brought by the state board of
elections.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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