NY State Senate Bill 2019-S8017

Senate Bill S8017

2019-2020 Legislative Session

Requires candidates for district commissioner of a special district to file statements of campaign expenditure and contributions

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2020	referred to local government

2019-S8017 (ACTIVE) - Details

See Assembly Version of this Bill:: A10210
Current Committee:: Senate Local Government
Law Section:: Town Law
Laws Affected:: Add Art 12-D §§209-t - 209-w, Town L
Versions Introduced in 2021-2022 Legislative Session:: S1102, A6402

2019-S8017 (ACTIVE) - Summary

Requires candidates for district commissioner of a special district to file statements of campaign expenditure and contributions setting forth all moneys and other valuables paid, given, expended or promised by such candidate or incurred for or on behalf of such candidate with his or her approval by any person, firm, association, or corporation to aid the nomination or election of such candidate or to aid or influence the nomination or defeat of any candidate to be voted for at the election.

2019-S8017 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8017

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the town law, in relation to requiring statements of
campaign expenditure and contributions to be filed by candidates for
district commissioner of a special district

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide transparency and accountability in special district
elections.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one adds section 12-D to town law, which requires that candi-
dates for election to special districts file statements of campaign
expenditures and contributions. This section also requires that such
disclosures be maintained for five years after filing.  Added § 209-v
provides for the proceedings to compel filing of the disclosures.

Section two is the effective date.

 
JUSTIFICATION:

In New York, there are over 6,900 special districts and account for 24
percent of the revenue raised by towns. As of 2004, special districts
raised $1.3 billion in revenue statewide and 67% percent of special
district revenue comes from property taxes and assessments. Yet even
with these districts overseeing large budgets and providing important
services, campaign finance laws do not apply to them. This is especially
troublesome when you take into account their low voter turnout.

In the 2018 Oceanside Sanitation District No. 7 board of commissioners
race, only 1,192 ballots were cast. Such low voter turnout makes it even
more important that candidates for special district boards are held
accountable by being required to file campaign expenditure and contrib-
ution disclosures. Voters have a right to know where a candidate's money
is coming from, especially if it could influence the outcome of an
election. Yet that is currently not the case in New York.  This legis-
lation will require candidates running for the special districts to file
campaign expenditures and contributions in a process similarly required
of candidates running for school boards.  Campaign disclosures will help
prevent corruption as well as the appearance of corruption by improving
transparency. It is also only fair that candidates running for elected
positions in special districts are held to the same standards as other
elected officials.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8017 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8017
 
                             I N  S E N A T E
 
                              March 10, 2020
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the town law, in relation  to  requiring  statements  of
   campaign  expenditure  and contributions to be filed by candidates for
   district commissioner of a special district
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  town  law is amended by adding a new article 12-D to
 read as follows:
                               ARTICLE 12-D
           STATEMENTS OF CAMPAIGN EXPENDITURES AND CONTRIBUTIONS
 SECTION 209-T. EXPENDITURE AND CONTRIBUTION STATEMENT.
         209-U. TIMES FOR FILING STATEMENTS.
         209-V. PROCEEDINGS TO COMPEL FILING OF CAMPAIGN EXPENDITURES AND
                  CONTRIBUTIONS STATEMENTS  OR  CORRECTED  STATEMENTS  OF
                  CAMPAIGN EXPENDITURES AND CONTRIBUTIONS.
         209-W. PROCEDURES.
   §  209-T. EXPENDITURE AND CONTRIBUTION STATEMENT. 1. (A) ANY CANDIDATE
 FOR ELECTION FOR DISTRICT COMMISSIONER OF A SPECIAL DISTRICT, AS DEFINED
 IN SUBDIVISION SIXTEEN OF SECTION ONE HUNDRED TWO OF THE  REAL  PROPERTY
 TAX  LAW,  SHALL  FILE  A  SWORN  STATEMENT OF CAMPAIGN EXPENDITURES AND
 CONTRIBUTIONS WITH THE STATE BOARD OF ELECTIONS SETTING FORTH ALL MONEYS
 AND OTHER VALUABLES PAID, GIVEN, EXPENDED OR PROMISED BY SUCH  CANDIDATE
 OR  INCURRED FOR OR ON BEHALF OF SUCH CANDIDATE WITH HIS OR HER APPROVAL
 BY ANY PERSON, FIRM, ASSOCIATION, OR CORPORATION TO AID  THE  NOMINATION
 OR  ELECTION  OF SUCH CANDIDATE OR TO AID OR INFLUENCE THE NOMINATION OR
 DEFEAT OF ANY CANDIDATE TO BE VOTED FOR AT THE ELECTION.    A  CANDIDATE
 FOR  ELECTION  FOR DISTRICT COMMISSIONER OF A SPECIAL DISTRICT SHALL NOT
 BE REQUIRED TO FILE SUCH STATEMENT WITH THE BOARD OF  ELECTIONS  IF  THE
 CANDIDATE  DID NOT HAVE ANY EXPENDITURES OR WHOSE ONLY EXPENDITURES WERE
 FOR PERSONAL USE WHICH WHEN TAKEN TOGETHER WITH THE  TOTAL  EXPENDITURES
 INCURRED  BY OTHERS ON HIS OR HER BEHALF AND WITH HIS OR HER APPROVAL DO
 NOT EXCEED FIVE HUNDRED DOLLARS AND WHERE THE AGGREGATE  AMOUNT  OF  ALL
 CONTRIBUTIONS  MADE  TO  SUCH  CANDIDATE  DOES  NOT  EXCEED FIVE HUNDRED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14501-01-9

 S. 8017                             2
 
 DOLLARS; PROVIDED, HOWEVER, THAT  SUCH  CANDIDATE  SHALL  FILE  A  SWORN
 STATEMENT  WITH  THE BOARD OF ELECTIONS STATING THAT HIS OR HER ELECTION
 EXPENDITURES DID NOT  EXCEED  FIVE  HUNDRED  DOLLARS  AND  CONTRIBUTIONS
 RECEIVED BY SUCH CANDIDATE DID NOT EXCEED FIVE HUNDRED DOLLARS.
   (B) ANY CAMPAIGN EXPENDITURES AND CONTRIBUTIONS STATEMENTS REQUIRED TO
 BE  FILED  PURSUANT  TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL INCLUDE:
 THE DOLLAR AMOUNT OF ANY RECEIPT, CONTRIBUTION OR TRANSFER OR  THE  FAIR
 MARKET  VALUE OF ANY NON-MONETARY RECEIPT, CONTRIBUTION OR TRANSFER; THE
 NAME AND ADDRESS OF THE TRANSFEROR, CONTRIBUTOR OR PERSON FROM WHOM SUCH
 CONTRIBUTION WAS RECEIVED  AND  WHERE  THE  TRANSFEROR,  CONTRIBUTOR  OR
 PERSON  IS  A  POLITICAL  COMMITTEE,  AS  DEFINED  IN SUBDIVISION ONE OF
 SECTION 14-100 OF THE ELECTION LAW, THE NAME OF THE  COMMITTEE  AND  THE
 POLITICAL UNIT REPRESENTED BY THE COMMITTEE; THE DATE OF RECEIPT OF SUCH
 CONTRIBUTION;  THE  DOLLAR  AMOUNT  OF  EVERY  EXPENDITURE; THE NAME AND
 ADDRESS OF THE PERSON TO WHOM SUCH CONTRIBUTION WAS MADE OR THE NAME  OF
 AND  THE  POLITICAL  UNIT  REPRESENTED  BY  THE  COMMITTEE TO WHICH SUCH
 CONTRIBUTION WAS MADE AND THE DATE THEREOF.
   (C) NO PERSON SHALL MAKE EXPENDITURES ON BEHALF OF A CANDIDATE WITHOUT
 THE APPROVAL OF THE CANDIDATE UNLESS SUCH  PERSON  OR  PERSONS  FILES  A
 SWORN  STATEMENT  WITH  THE  STATE  BOARD  OF ELECTIONS STATING THAT THE
 CANDIDATE DID NOT APPROVE SUCH EXPENDITURE.  SUCH EXPENDITURE  SHALL  BE
 LIMITED  TO TWENTY-FIVE DOLLARS AND SHALL NOT BE INCLUDED IN DETERMINING
 THE FIVE HUNDRED DOLLARS EXEMPTION AUTHORIZED PURSUANT TO PARAGRAPH  (A)
 OF THIS SUBDIVISION.
   2.  FOR  THE  PURPOSES  OF THIS SECTION, EXPENDITURES FOR PERSONAL USE
 SHALL HAVE THE SAME MEANING AS IN SECTION 14-130 OF THE ELECTION LAW.
   § 209-U. TIMES FOR FILING STATEMENTS.  1.  CAMPAIGN  EXPENDITURES  AND
 CONTRIBUTIONS  STATEMENTS  REQUIRED  TO BE FILED PURSUANT TO SECTION TWO
 HUNDRED NINE-T OF THIS ARTICLE SHALL BE FILED  IN  ACCORDANCE  WITH  THE
 FOLLOWING SCHEDULE:
   (A)  THE FIRST STATEMENT SHALL BE FILED ON OR BEFORE THE THIRTIETH DAY
 NEXT PRECEDING THE ELECTION TO WHICH SUCH STATEMENT RELATES;
   (B) A SECOND STATEMENT SHALL BE FILED ON OR BEFORE THE FIFTH DAY  NEXT
 PRECEDING THE ELECTION TO WHICH SUCH STATEMENT RELATES; AND
   (C)  A THIRD STATEMENT SHALL BE FILED WITHIN TWENTY DAYS NEXT SUCCEED-
 ING THE ELECTION TO WHICH SUCH STATEMENT RELATES.
   3. EACH STATEMENT SHALL BE PRESERVED BY THE BOARD  WITH  WHICH  IT  IS
 REQUIRED  TO BE FILED FOR A PERIOD OF FIVE YEARS FROM THE DATE OF FILING
 THEREOF.
   4. EACH STATEMENT FILED PURSUANT TO PARAGRAPH (A) OF  SUBDIVISION  ONE
 OF SECTION TWO HUNDRED NINE-T OF THIS ARTICLE SHALL CONSTITUTE A PART OF
 THE PUBLIC RECORDS OF SUCH BOARD AND SHALL BE OPEN TO PUBLIC INSPECTION.
   5.  UNLESS OTHERWISE PROVIDED, EACH CAMPAIGN EXPENDITURES AND CONTRIB-
 UTIONS STATEMENT SHALL COVER THE PERIOD UP TO AND INCLUDING THE DAY NEXT
 PRECEDING THE DAY SPECIFIED FOR THE FILING THEREOF PURSUANT TO  SUBDIVI-
 SION  TWO  OF  THIS SECTION; PROVIDED, HOWEVER, THAT ANY CONTRIBUTION OR
 LOAN IN EXCESS OF ONE THOUSAND DOLLARS, IF RECEIVED AFTER THE  CLOSE  OF
 THE PERIOD TO BE COVERED IN THE LAST STATEMENT FILED BEFORE THE ELECTION
 BUT BEFORE SUCH ELECTION, SHALL BE REPORTED, IN THE SAME MANNER AS OTHER
 CONTRIBUTIONS,  WITHIN  TWENTY-FOUR HOURS AFTER RECEIPT OF SUCH CONTRIB-
 UTION.
   6. EACH  STATEMENT  SHALL  INCLUDE  A  SUMMARY  OF  ALL  EXPENDITURES,
 CONTRIBUTIONS AND OTHER INFORMATION REPORTED IN EACH PREVIOUS STATEMENT,
 PROVIDED,  HOWEVER, THAT DATA REPORTED IN A PREVIOUS STATEMENT SHALL NOT
 BE REQUIRED TO BE ITEMIZED IN SUBSEQUENT STATEMENTS.

 S. 8017                             3
 
   7. A STATEMENT SHALL BE DEEMED PROPERLY FILED  WHEN  DEPOSITED  IN  AN
 ESTABLISHED POST-OFFICE WITHIN THE PRESCRIBED TIME, DULY STAMPED, CERTI-
 FIED  AND  DIRECTED TO THE OFFICER OR BOARD WITH WHICH SUCH STATEMENT IS
 REQUIRED TO BE FILED. IN THE EVENT A STATEMENT IS NOT  RECEIVED  BY  THE
 OFFICER  OR  BOARD,  SUCH  OFFICER  OR BOARD SHALL PROVIDE NOTICE TO THE
 CANDIDATE THAT THE STATEMENT HAS NOT BEEN  RECEIVED  AND  THE  CANDIDATE
 SHALL PROMPTLY FILE A DUPLICATE STATEMENT WITH THE OFFICER OR BOARD.
   §  209-V.  PROCEEDINGS  TO  COMPEL FILING OF CAMPAIGN EXPENDITURES AND
 CONTRIBUTIONS STATEMENTS OR CORRECTED STATEMENTS  OF  CAMPAIGN  EXPENDI-
 TURES AND CONTRIBUTIONS. 1. THE SUPREME COURT OR A JUSTICE THEREOF, IN A
 PROCEEDING  INSTITUTED  BY ANY FIVE QUALIFIED VOTERS OR BY THE CANDIDATE
 VOTED FOR IN THE ELECTION FOR WHICH CAMPAIGN EXPENDITURES  AND  CONTRIB-
 UTIONS  STATEMENTS  WERE  REQUIRED  TO BE FILED, MAY COMPEL BY ORDER ANY
 CANDIDATE REQUIRED UNDER THE  PROVISIONS  OF  THIS  ARTICLE  TO  FILE  A
 CAMPAIGN EXPENDITURES AND CONTRIBUTIONS STATEMENT WHO HAS NOT FILED SUCH
 STATEMENT WITHIN THE TIME PRESCRIBED BY THIS ARTICLE TO FILE SUCH STATE-
 MENT WITHIN FIVE DAYS AFTER NOTICE OF SUCH ORDER.
   2.  THE SUPREME COURT OR A JUSTICE THEREOF, IN A PROCEEDING INSTITUTED
 BY ANY FIVE QUALIFIED VOTERS OR  BY  THE  CANDIDATE  VOTED  FOR  IN  THE
 ELECTION  FOR  WHICH  CAMPAIGN EXPENDITURES AND CONTRIBUTIONS STATEMENTS
 WERE REQUIRED TO BE FILED, MAY COMPEL BY ORDER ANY  CANDIDATE  OR  OTHER
 PERSON  OR PERSONS REQUIRED UNDER THE PROVISIONS OF THIS ARTICLE TO FILE
 A CAMPAIGN EXPENDITURES AND CONTRIBUTIONS  STATEMENT  WHO  HAS  FILED  A
 STATEMENT  WHICH DOES NOT CONFORM TO THE REQUIREMENTS OF THIS ARTICLE IN
 RESPECT TO THE TRUTH, SUFFICIENCY IN DETAIL OR OTHER DEFICIENCY TO FILE,
 WITHIN FIVE DAYS' NOTICE OF THE ORDER, A NEW OR  SUPPLEMENTAL  STATEMENT
 WHICH  MAKES  THE  STATEMENT OR STATEMENTS TRUE AND COMPLETE.  THE STATE
 BOARD OF ELECTIONS SHALL BE A NECESSARY PARTY IN ANY SUCH PROCEEDING.
   3. IN EVERY PROCEEDING INSTITUTED UNDER THIS SECTION,  THE  COURT  MAY
 CONFER  IMMUNITY  IN  ACCORDANCE WITH THE PROVISIONS OF SECTION 50.20 OF
 THE CRIMINAL PROCEDURE LAW; PROVIDED, HOWEVER, THAT NO IMMUNITY SHALL BE
 CONFERRED EXCEPT UPON TWENTY-FOUR HOURS PRIOR WRITTEN NOTICE TO BOTH THE
 ATTORNEY GENERAL AND THE APPROPRIATE DISTRICT ATTORNEY HAVING  AN  OFFI-
 CIAL INTEREST THEREIN.
   §   209-W.  PROCEDURES.  A  SPECIAL  PROCEEDING  UNDER  THE  FOREGOING
 PROVISIONS OF THIS ARTICLE SHALL BE HEARD UPON A VERIFIED  PETITION  AND
 SUCH  ORAL  OR WRITTEN PROOF AS MAY BE OFFERED, AND, UPON NOTICE TO SUCH
 OFFICERS, PERSONS OR CANDIDATES AS THE COURT,  JUSTICE  OR  JUDGE  SHALL
 DIRECT, SHALL BE SUMMARILY DETERMINED.
   § 2. This act shall take effect immediately.

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