Assembly Bill A6394

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

                                  6394

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 23, 2015
                               ___________

Introduced  by  M. of A. PERRY, STECK, BRONSON -- read once and referred
  to the Committee on Election Law

AN ACT to amend the election law, in relation to enacting  the  "forfei-
  ture of campaign finance accounts and return of contributions act"

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

  Section 1. This act shall be known and may be cited as the "forfeiture
of campaign finance accounts and return of contributions act."
  S 2. The election law is amended by adding a  new  section  14-132  to
read as follows:
  S  14-132.  FORFEITURE  OF  CAMPAIGN  FINANCE  ACCOUNTS  AND RETURN OF
CONTRIBUTIONS. 1. THE PROVISIONS OF THIS  SECTION  SHALL  APPLY  TO  ANY
PERSON  WHO  HOLDS  OR  MAINTAINS A CAMPAIGN FINANCE ACCOUNT OR ACCOUNTS
SUBJECT TO THE PROVISIONS OF THIS ARTICLE WHO:
  (A) IS INDICTED OR CHARGED WITH A CRIME OR IS CHARGED WITH A VIOLATION
OF THE STATE ETHICS LAW AND RESIGNS FROM  OFFICE  DUE  TO  SAID  CHARGES
PRIOR  TO  CONVICTION  OR  ADJUDICATION AND COMPLETE DISPOSITION OF SAID
CHARGES; OR
  (B) IS CONVICTED OF A FELONY OR CRIME FOR WHICH SUCH CONVICTION  WOULD
DISQUALIFY  THE  PERSON  FROM  HOLDING  THE ELECTED OFFICE FOR WHICH THE
CAMPAIGN FUNDS WERE RAISED; OR
  (C) RESIGNS FROM OFFICE DUE TO FORMAL COMPLAINTS FILED WITH AND CHARG-
ES BROUGHT BY THE LEGISLATIVE ETHICS COMMISSION, ESTABLISHED BY  SECTION
EIGHTY  OF  THE LEGISLATIVE LAW FOR VIOLATION OF STATE ETHICS LAWS PRIOR
TO COMPLETE ADJUDICATION AND DISPOSITION OF SUCH COMPLAINTS OR CHARGES.
  2. ALL SUCH CAMPAIGN FINANCE ACCOUNTS SUBJECT  TO  THE  PROVISIONS  OF
THIS  ARTICLE AND HELD OR MAINTAINED BY ANY PERSON DESCRIBED IN SUBDIVI-
SION ONE OF THIS  SECTION  OR,  ON  BEHALF  OF  SUCH  PERSON,  SHALL  BE
FORFEITED  TO  THE CUSTODY AND THE CONTROL OF THE OFFICE OF THE NEW YORK
STATE COMPTROLLER WITHIN TEN DAYS OF THE EFFECTIVE DATE  OF  RESIGNATION
OF  SAID  PERSON'S  FORFEITURE  OF  THEIR  OFFICE.  THE TREASURER OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03768-01-5
              

A. 6394                             2

CAMPAIGN COMMITTEE AND THE FORMER OFFICE HOLDER FOR WHICH  THE  CAMPAIGN
FINANCE  ACCOUNT  WAS  MAINTAINED,  SHALL  BE RESPONSIBLE FOR COMPLIANCE
WITHIN THE PERIOD SET FORTH IN THIS ARTICLE  OR  SAID  PERSON  SHALL  BE
SUBJECT TO A CIVIL PENALTY OF ONE THOUSAND DOLLARS PER DAY UNTIL COMPLI-
ANCE IS MET.
  3. THE NEW YORK STATE COMPTROLLER SHALL ESTABLISH A FORFEITED CAMPAIGN
FINANCE  FUNDS  ACCOUNT  FOR  THE PURPOSE OF THE RETURN OF SAID CAMPAIGN
FUNDS TO THE ORIGINAL DONORS AND SHALL ESTABLISH A  PROCESS  TO  PROVIDE
FOR  THE  MOST EXPEDITIOUS RETURN OF CAMPAIGN FINANCE FUNDS TO DONORS IN
THE ORDER OF  LAST  DONOR  FIRST,  UNTIL  SUCH  FUNDS  HAVE  BEEN  FULLY
EXPENDED. TO THE EXTENT THAT IT IS NOT POSSIBLE TO ASCERTAIN THE IDENTI-
TY  OF  INDIVIDUAL  DONORS,  ANY  REMAINING UNCLAIMED FORFEITED CAMPAIGN
FINANCE FUNDS MAY BE APPLIED TO THE NEW YORK STATE COMPTROLLER'S COST TO
ADMINISTER THE FORFEITED CAMPAIGN FINANCE FUND ACCOUNT.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date upon which it shall become a law.