NY State Senate Bill 2021-S7327

Senate Bill S7327

2021-2022 Legislative Session

Relates to the disposition of campaign funds upon the removal of an elected official who has been removed from office as a result of conviction on an impeachment

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to elections
Aug 13, 2021	referred to rules

2021-S7327 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §14-132, El L

2021-S7327 (ACTIVE) - Summary

Relates to the disposition of campaign funds upon the removal of an elected official who has been removed from office as a result of conviction on an impeachment.

2021-S7327 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7327

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act to amend the election law, in relation to disposition of campaign
funds upon the removal of an elected official who has been removed from
office as a result of conviction on an impeachment

 
PURPOSE:

This bill would establish when an individual is removed from elected
office as a result of a conviction on impeachment, where such candidate
or candidate's authorized committee received campaign contributions, all
such funds must be disposed of within a year of removal of office.

 
SUMMARY OF PROVISIONS:

This bill establishes when an individual is removed from elected office
as a result of a conviction on impeachment, where such candidate or
candidate's authorized committee received campaign contributions, all

such funds must be disposed of within a year of removal of office by any
of the following means:

1. Returning to each contributor the funds that have not been spent;

2. Donated the funds to a charitable organization;

3. Donating the funds to SUNY or CUNY;

4. Donating the funds to the State's general fund; or

5. Providing compensation to the victims of any offense or illegal acts
committed by the elected official while in office.

 
JUSTIFICATION:

Under current law, upon the death of an individual while a candidate for
office or while holding office, the individual's campaign funds must be
disposed of within two years of the death of such person.  However,
there is no requirement a disgraced office holder that has been
convicted on an impeachment must do the same.  This bill would ensure
those campaign funds are properly disposed of for legitimate purposes.

The bill would require the elected official to return the contributions,
donate the contributions or provide compensation to victims.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Savings to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S7327 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7327
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              August 13, 2021
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the election law, in relation to disposition of campaign
   funds upon the removal of an elected official  who  has  been  removed
   from office as a result of conviction on an impeachment

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 14-132 of the election law is amended by  adding  a
 new subdivision 2-a to read as follows:
   2-A.  UPON  THE REMOVAL FROM OFFICE OF A HOLDER OF ELECTED OFFICE AS A
 RESULT OF CONVICTION ON AN IMPEACHMENT, WHERE SUCH CANDIDATE  OR  CANDI-
 DATE'S  AUTHORIZED  COMMITTEE  RECEIVED CAMPAIGN CONTRIBUTIONS, ALL SUCH
 FUNDS SHALL BE DISPOSED OF BY ANY OF THE FOLLOWING MEANS, OR ANY  COMBI-
 NATION  THEREOF,  WITHIN  ONE  YEAR  OF  THE REMOVAL FROM OFFICE OF SUCH
 PERSON:
   (A) RETURNING, PRO RATA, TO EACH CONTRIBUTOR THE FUNDS THAT  HAVE  NOT
 BEEN SPENT OR OBLIGATED;
   (B)  DONATING  THE FUNDS TO A CHARITABLE ORGANIZATION OR ORGANIZATIONS
 THAT MEET THE QUALIFICATIONS OF SECTION 501(C)(3) OF THE INTERNAL REVEN-
 UE CODE;
   (C) DONATING THE FUNDS TO THE STATE UNIVERSITY OF NEW YORK OR THE CITY
 UNIVERSITY OF NEW YORK;
   (D) DONATING THE FUNDS TO THE STATE'S GENERAL FUND; OR
   (E) PROVIDING COMPENSATION TO THE VICTIMS OF ANY  OFFENSE  OR  ILLEGAL
 ACTS  COMMITTED  BY  THE  ELECTED  OFFICIAL WHILE IN OFFICE AGAINST SUCH
 VICTIMS INCLUDING BUT NOT LIMITED TO  WHERE  SUCH  COMPENSATION  IS  FOR
 ECONOMIC HARM OR NON-ECONOMIC HARM. SUCH COMPENSATION SHALL NOT PROHIBIT
 ANY VICTIM FROM SEEKING ADDITIONAL REMEDIES, COMPENSATION OR RESTITUTION
 IN  A  COURT  OF  COMPETENT  JURISDICTION NOR SHALL SUCH COMPENSATION BE
 CONTINGENT ON A NONDISCLOSURE AGREEMENT.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13015-02-1

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