S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    16
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. PERRY, STECK, BRONSON -- Multi-Sponsored by -- M.
   of A.  BARNWELL -- 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."
   §  2.  The  election  law is amended by adding a new section 14-134 to
 read as follows:
   § 14-134. 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  LAWS 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02500-01-9

 A. 16                               2
 
 STATE  COMPTROLLER  WITHIN TEN DAYS OF THE EFFECTIVE DATE OF RESIGNATION
 OF SAID PERSON'S FORFEITURE  OF  THEIR  OFFICE.  THE  TREASURER  OF  THE
 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.
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date upon which it shall have become a law.