NY State Senate Bill 2021-S7402

Senate Bill S7402

2021-2022 Legislative Session

Prohibits the solicitation of political contributions from employees by an officer or employee of the state

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
Sep 27, 2021	referred to rules

2021-S7402 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §17-158, El L

2021-S7402 (ACTIVE) - Summary

Prohibits the solicitation of political contributions from subordinate employees by an officer or employee of the state, regardless of whether such subordinate employee makes a political contribution.

2021-S7402 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7402

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the election law, in relation to the solicitation of
political contributions from employees by an officer or employee of the
state

 
PURPOSE:

The bill makes it a felony to solicit campaign contributions from one's
employees.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section to the Election Law, to make it a class E
felony to knowingly solicit political contributions for a candidate or
committee from a subordinate employee.

Section 2. Effective date.

 
JUSTIFICATION:

Abusing a person's position as a public official to solicit contrib-
utions from an employee is a direct breach of the public's trust. Our
laws must hold public servants accountable in order to put a stop to
pay-to-play political schemes and abuses of power. However, the current
law on requesting political contributions from one's employees could be
made more clear. This law directly prohibits politicians and government
officials from using their positions of power to fundraise off their
employees.

This abuse of power was witnessed in the town of Oyster Bay last year
when a town official improperly solicited campaign donations from his
subordinates. In addition, at least 32 of the solicited employees
received raises before the campaign made the request and were asked to
provide different donations, which were related to their salary.  The
link between such requests for donations and the accompanying salary
increases raises several red flags.

Any implication made by a public officer that their employees need to
contribute to a campaign to receive raises - which are also funded by
taxpayer dollars - must be prohibited. The bill will achieve just that
by strengthening our current law to make it a class E felony to knowing-
ly solicit political contributions from a subordinate employee, regard-
less of whether the money is for a specific candidate or a political
party. By creating this new law, New York sends a clear message that
these actions are not only unethical but also illegal, and we will not
tolerate such an abuse of power.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S7402 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7402
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                            September 27, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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  the  solicitation  of
   political  contributions  from  employees by an officer or employee of
   the state

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The election law is amended by adding a new section 17-158
 to read as follows:
   §  17-158.    SOLICITATION  OF  POLITICAL  CONTRIBUTIONS;  SUBORDINATE
 EMPLOYEES.  ANY OFFICER OR EMPLOYEE OF THE  STATE,  OR  OF  A  POLITICAL
 SUBDIVISION THEREOF, WHO KNOWINGLY SOLICITS A POLITICAL CONTRIBUTION FOR
 ANY PARTY COMMITTEE, CANDIDATE, OR PERSON FROM ANY SUBORDINATE EMPLOYEE,
 SHALL  BE  GUILTY OF A CLASS E FELONY, REGARDLESS OF WHETHER A POLITICAL
 CONTRIBUTION IS MADE BY SUCH SUBORDINATE  EMPLOYEE;  PROVIDED,  HOWEVER,
 THAT  NOTHING HEREIN SHALL BE DEEMED TO PROHIBIT AN EMPLOYEE FROM MAKING
 A VOLUNTARY POLITICAL CONTRIBUTION.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13288-01-1

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