NY State Senate Bill 2015-S44

Archive: Last Bill Status - In Senate Committee Elections 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to elections
Jan 07, 2015	referred to elections

co-Sponsors

2015-S44 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §14-130, El L
Versions Introduced in 2013-2014 Legislative Session:: S7184

2015-S44 (ACTIVE) - Summary

Relates to the personal use of campaign funds.

2015-S44 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S44

 TITLE OF BILL :  An act to amend the election law, in relation to the
personal use of campaign funds

 PURPOSE :

This bill amends section 14-130 of the Election Law to delineate how
campaign funds may be expended. Under current law, said funds can be
expended for "any lawful purpose."

Under this proposal any expenditure must be directly related to
promoting the nomination or election of a candidate or the execution
of duties associated with holding public office. For the first time,
the bill outlines certain expenditures such as residential or
household items, utility payments for personal residences, tuition
payments, childcare costs, as well as other expenses that are
prohibited.

The State Board of Elections would be empowered to issue advisory
opinions from time to time, upon request, to address additional
potentially permissible expenses that are not exclusively outlined in
the bill itself.

 SUMMARY OF PROVISIONS :

Section 1 amends section 14-130 of the election law, defining the
proper uses of campaign funds and delineating the improper uses of
campaign funds;

Section 2 sets forth the effective date.

 JUSTIFICATION :

This bill addresses a number of concerns with how campaign funds are
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.

 PRIOR LEGISLATIVE HISTORY :

S.7184 of 2014 (Gipson): Died in Elections

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S44 (ACTIVE) - Bill Text download pdf

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

                                   44

                       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  personal  use  of
  campaign funds

  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 be expended for  any  lawful
purpose THAT IS DIRECTLY RELATED TO PROMOTING THE NOMINATION OR ELECTION
OF A CANDIDATE OR THE EXECUTION OF DUTIES ASSOCIATED WITH THE HOLDING OF
A PUBLIC OFFICE OR PARTY POSITION.  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].
  2.  NO CONTRIBUTION SHALL BE USED TO PAY INTEREST OR ANY OTHER FINANCE
CHARGES UPON MONIES LOANED TO THE CAMPAIGN  BY  SUCH  CANDIDATE  OR  THE
SPOUSE OF SUCH CANDIDATE.
  3.  (A)  AS  USED IN THIS SECTION, EXPENDITURES FOR "PERSONAL USE" ARE
DEFINED AS EXPENDITURES THAT ARE EXCLUSIVELY FOR THE PERSONAL BENEFIT OF
THE CANDIDATE OR ANY OTHER INDIVIDUAL,  AND  ARE  USED  TO  FULFILL  ANY
COMMITMENT,  OBLIGATION,  OR  EXPENSE OF A PERSON THAT WOULD EXIST IRRE-
SPECTIVE OF THE CANDIDATE'S ELECTION CAMPAIGN OR THE  EXECUTION  OF  THE
DUTIES  OF PUBLIC OFFICE OR THE EXECUTION OF THE DUTIES OF A PARTY OFFI-
CIAL.
  (B) EXPENDITURES FOR PERSONAL USE SHALL INCLUDE, BUT ARE  NOT  LIMITED
TO, EXPENSES FOR THE FOLLOWING:
  (I)  ANY  RESIDENTIAL  OR  HOUSEHOLD  ITEMS, SUPPLIES OR EXPENDITURES,
INCLUDING MORTGAGE, RENT  OR  UTILITY  PAYMENTS  FOR  ANY  PART  OF  ANY
PERSONAL  RESIDENCE  OF  A  CANDIDATE OR OFFICEHOLDER OR A MEMBER OF THE

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

                                                           LBD01506-02-5

S. 44                               2

CANDIDATE'S OR OFFICEHOLDER'S FAMILY THAT ARE NOT INCURRED AS  A  RESULT
OF, OR TO FACILITATE, THE INDIVIDUAL'S CAMPAIGN, OR THE EXECUTION OF HIS
OR HER PUBLIC DUTIES. IN THE EVENT THAT ANY PROPERTY OR BUILDING IS USED
FOR  BOTH  PERSONAL  AND  CAMPAIGN  USE,  PERSONAL  USE SHALL CONSTITUTE
EXPENSES THAT EXCEED THE PRO-RATED AMOUNT FOR  SUCH  EXPENSES  BASED  ON
FAIR-MARKET VALUE;
  (II)  MORTGAGE,  RENT,  OR  UTILITY  PAYMENTS FOR ANY PART OF ANY NON-
RESIDENTIAL PROPERTY THAT IS OWNED BY A CANDIDATE OR OFFICEHOLDER  OR  A
MEMBER  OF  A CANDIDATE'S OR OFFICEHOLDER'S FAMILY AND USED FOR CAMPAIGN
PURPOSES, TO THE EXTENT THE PAYMENTS EXCEED THE FAIR MARKET VALUE OF THE
PROPERTY'S USAGE FOR CAMPAIGN ACTIVITIES;
  (III) CLOTHING, OTHER THAN ITEMS THAT ARE USED IN THE CAMPAIGN;
  (IV) TUITION PAYMENTS;
  (V) CHILDCARE COSTS;
  (VI) DUES, FEES, OR GRATUITIES AT A COUNTRY CLUB, HEALTH CLUB,  RECRE-
ATIONAL  FACILITY  OR  OTHER  NONPOLITICAL ORGANIZATION, UNLESS THEY ARE
PART OF A SPECIFIC FUNDRAISING EVENT THAT TAKES PLACE ON  THE  ORGANIZA-
TION'S PREMISES;
  (VII)  SALARY  PAYMENTS  OR  OTHER COMPENSATION PROVIDED TO ANY PERSON
WHOSE SERVICES ARE NOT SOLELY  FOR  CAMPAIGN  PURPOSES  OR  PROVIDED  IN
CONNECTION WITH THE EXECUTION OF THE DUTIES OF PUBLIC OFFICE;
  (VIII) SALARY PAYMENTS OR OTHER COMPENSATION PROVIDED TO A MEMBER OF A
CANDIDATE'S  FAMILY,  UNLESS  THE  FAMILY  MEMBER IS PROVIDING BONA FIDE
SERVICES TO THE CAMPAIGN. IF A FAMILY MEMBER PROVIDES BONA FIDE SERVICES
TO A CAMPAIGN, ANY SALARY PAYMENTS OR OTHER COMPENSATION  IN  EXCESS  OF
THE  FAIR  MARKET  VALUE  OF  THE  SERVICES PROVIDED SHALL BE CONSIDERED
PAYMENTS FOR PERSONAL USE;
  (IX) ADMISSION TO A SPORTING EVENT, CONCERT, THEATER, OR OTHER FORM OF
ENTERTAINMENT, UNLESS SUCH EVENT IS PART OF A CAMPAIGN  OR  OFFICEHOLDER
ACTIVITY;
  (X)  PAYMENT OF ANY FINES OR PENALTIES ASSESSED PURSUANT TO THIS CHAP-
TER OR IN CONNECTION WITH A CRIMINAL CONVICTION OR BY THE JOINT  COMMIS-
SION FOR PUBLIC ETHICS OR THE LEGISLATIVE ETHICS COMMISSION;
  (XI)  TRAVEL EXPENSES INCLUDING AUTOMOBILE PURCHASES OR LEASES, UNLESS
USED SOLELY FOR CAMPAIGN PURPOSES OR IN CONNECTION WITH THE EXECUTION OF
THE DUTIES OF PUBLIC OFFICE. IF A CANDIDATE USES CAMPAIGN FUNDS  TO  PAY
EXPENSES  ASSOCIATED  WITH TRAVEL THAT INVOLVES BOTH PERSONAL ACTIVITIES
AND CAMPAIGN ACTIVITIES OR OFFICIAL  DUTIES,  THE  INCREMENTAL  EXPENSES
THAT  RESULT  FROM  THE  PERSONAL  ACTIVITIES  SHALL  BE  CONSIDERED FOR
PERSONAL USE UNLESS THE PERSON OR PERSONS BENEFITING FROM THE USE  REIM-
BURSE OR REIMBURSES THE CAMPAIGN ACCOUNT WITHIN NINETY DAYS FOR THE FULL
AMOUNT OF THE INCREMENTAL EXPENSES; AND
  (XII) ANY OTHER EXPENDITURE DESIGNATED BY THE STATE BOARD OF ELECTIONS
AS CONSTITUTING PERSONAL USE.
  4.  NOTHING IN THIS SECTION SHALL PROHIBIT A CANDIDATE FROM PURCHASING
EQUIPMENT OR PROPERTY FROM HIS OR HER  PERSONAL  FUNDS  AND  LEASING  OR
RENTING  SUCH  EQUIPMENT  OR PROPERTY TO A COMMITTEE WORKING DIRECTLY OR
INDIRECTLY WITH HIM OR HER TO AID OR PARTICIPATE IN  HIS  OR  HER  NOMI-
NATION  OR  ELECTION,  INCLUDING AN EXPLORATORY COMMITTEE, PROVIDED THAT
THE CANDIDATE AND HIS OR HER CAMPAIGN TREASURER SIGN A WRITTEN LEASE  OR
RENTAL  AGREEMENT.  SUCH  AGREEMENT  SHALL  INCLUDE  THE LEASE OR RENTAL
PRICE, WHICH SHALL NOT EXCEED THE FAIR LEASE  OR  RENTAL  VALUE  OF  THE
EQUIPMENT.  THE  CANDIDATE  SHALL  NOT  RECEIVE LEASE OR RENTAL PAYMENTS
WHICH, IN THE AGGREGATE, EXCEED THE COST OF PURCHASING THE EQUIPMENT  OR
PROPERTY.

S. 44                               3

  5.  NOTHING  IN  THIS SECTION SHALL PROHIBIT AN ELECTED PUBLIC OFFICE-
HOLDER FROM USING CAMPAIGN  CONTRIBUTIONS  TO  FACILITATE,  SUPPORT,  OR
OTHERWISE ASSIST IN THE EXECUTION OR PERFORMANCE OF THE DUTIES OF HIS OR
HER PUBLIC OFFICE.
  6.  THE  STATE  BOARD  OF ELECTIONS SHALL ISSUE ADVISORY OPINIONS FROM
TIME TO TIME UPON REQUEST TO ADDRESS THE APPLICATION OF THIS SECTION.
  S 2. This act shall take effect immediately.

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Senate Bill S44

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

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co-Sponsors

2015-S44 (ACTIVE) - Details

2015-S44 (ACTIVE) - Summary

2015-S44 (ACTIVE) - Sponsor Memo

2015-S44 (ACTIVE) - Bill Text download pdf

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Elections Committee

Actions

co-Sponsors

Joseph P. Addabbo Jr.

Bill Perkins

Jose M. Serrano

Daniel L. Squadron

2015-S44 (ACTIVE) - Details

2015-S44 (ACTIVE) - Summary

2015-S44 (ACTIVE) - Sponsor Memo

2015-S44 (ACTIVE) - Bill Text download pdf

Comments