| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| May 09, 2016 |
reported and committed to investigations and government operations |
| Mar 04, 2016 |
notice of committee consideration - requested |
| Jan 15, 2016 |
print number 338a |
| Jan 15, 2016 |
amend and recommit to elections |
| Jan 06, 2016 |
referred to elections |
| Jan 07, 2015 |
referred to elections |
Senate Bill S338A
2015-2016 Legislative Session
Sponsored By
(D, WF) 47th Senate District
Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee
Actions
Votes
Bill Amendments
co-Sponsors
(D) 15th Senate District
(D) Senate District
(D) Senate District
(D, WF) 28th Senate District
2015-S338 - Details
- See Assembly Version of this Bill:
- A9331
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Election Law
- Laws Affected:
- Amd §14-130, El L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S5094
2017-2018: S88, A4181
2019-2020: S50, A1827
2021-2022: S682, A4174
2023-2024: S896
2025-2026: S932
2015-S338 - Sponsor Memo
BILL NUMBER: S338
TITLE OF BILL : An act to amend the election law, in relation to the
use of campaign funds to pay attorney's fees
PURPOSE : The purpose of this legislation is to explicitly prohibit
the use of campaign funds to pay attorney's fees or other costs
associated with criminal or civil litigation.
SUMMARY OF PROVISIONS :
Section 1 amends section 14-130 of the election law to expressly
prohibit the use of campaign funds to pay attorney's fees or costs of
defending against civil or criminal investigation or prosecution for
alleged violations of state or federal law. The only exception would
be for costs related to civil actions for alleged violations of
Article 16 of the Election Law.
Section 2 sets forth the effective date.
JUSTIFICATION : 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
2015-S338 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
338
2015-2016 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2015
___________
Introduced by Sen. HOYLMAN -- 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 the use of campaign
funds to pay attorney's fees
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. Contributions received by a
candidate or a political committee may 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. NO CAMPAIGN FUNDS SHALL BE USED TO PAY
ATTORNEY'S FEES OR ANY COSTS OF DEFENDING AGAINST ANY CIVIL OR CRIMINAL
ACTION, INVESTIGATION OR PROSECUTION FOR ALLEGED VIOLATIONS OF STATE OR
FEDERAL LAW ALLEGED TO HAVE BEEN COMMITTED BY A CANDIDATE, PUBLIC OR
PARTY OFFICIAL, MEMBERS OF THEIR IMMEDIATE FAMILY OR DOMESTIC PARTNER
UNLESS SUCH EXPENDITURE IS USED EXCLUSIVELY FOR COSTS RELATED TO CIVIL
ACTIONS INSTITUTED PURSUANT TO ARTICLE SIXTEEN OF THIS CHAPTER.
S 2. 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00191-01-5
co-Sponsors
(D) 15th Senate District
(D) Senate District
(D) Senate District
(D, WF) 28th Senate District
2015-S338A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9331
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Election Law
- Laws Affected:
- Amd §14-130, El L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S5094
2017-2018: S88, A4181
2019-2020: S50, A1827
2021-2022: S682, A4174
2023-2024: S896
2025-2026: S932
2015-S338A (ACTIVE) - Sponsor Memo
BILL NUMBER: S338A
TITLE OF BILL : An act to amend the election law, in relation to the
use of campaign funds to pay attorney's fees
PURPOSE :
The purpose of this legislation is to explicitly prohibit the use of
campaign funds to pay attorney's fees or other costs associated with
criminal or civil litigation.
SUMMARY OF PROVISIONS :
Section 1 amends section 14-130 of the election law to expressly
prohibit the use of campaign funds to pay attorney's fees or costs of
defending against civil or criminal investigation or prosecution for
alleged violations of state or federal law. The only exception would
be for costs related to civil actions for alleged violations of
Article 16 of the Election Law.
Section 2 sets forth the effective date.
JUSTIFICATION :
Currently, New York's election law, allowing candidates to spend
campaign funds for "any lawful purpose," is among the most lax in the
2015-S338A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
338--A
2015-2016 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2015
___________
Introduced by Sens. HOYLMAN, ADDABBO, AVELLA, DILAN, KRUEGER, LATIMER,
PERKINS, SQUADRON -- 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 the use of campaign
funds to pay attorney's fees
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 is amended by adding a
new subdivision 7 to read as follows:
7. NO CAMPAIGN FUNDS SHALL BE USED TO PAY ATTORNEY'S FEES OR ANY COSTS
OF DEFENDING AGAINST ANY CIVIL OR CRIMINAL ACTION, INVESTIGATION OR
PROSECUTION FOR ALLEGED VIOLATIONS OF STATE OR FEDERAL LAW ALLEGED TO
HAVE BEEN COMMITTED BY A CANDIDATE, PUBLIC OR PARTY OFFICIAL, MEMBERS OF
THEIR IMMEDIATE FAMILY OR DOMESTIC PARTNER UNLESS SUCH EXPENDITURE IS
USED EXCLUSIVELY FOR COSTS RELATED TO CIVIL ACTIONS INSTITUTED PURSUANT
TO ARTICLE SIXTEEN OF THIS CHAPTER.
S 2. 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00191-02-6
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