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History
- Referred to election law
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Removes certain activities from being chargeable misdemeanors
In Senate Committee · Elections · Sponsor Kenneth P. LaValle
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:A10192
Title of bill
An act to amend the election law, in relation to allow- ing commissioners, officers, or members of the police force to collect and receive money for political funds, clubs, associations, societies, or committees without being guilty of a misdemeanor
Purpose
This legislation would remove certain activities from being chargeable misdemeanors.
Summary of provisions
Subdivision 2 and 3 of Section 17-110 of the Election Law, Subdivision 3 as amended by Chapter 215 of the Laws of 1983, are amended to remove certain activities from being chargeable misdemeanors.
Justification
Section 17-.110 of the Election Law governs the political activities of commissioners, officers, or members of the police force. Under current law, it is a misdemeanor to utilize the status or authori- ty as a law enforcement officer as a means of aiding or hindering a political entity. This provision is justified and should be strictly adhered to and those found in violation should rightfully be punished to the fullest extent of the law.
This misdemeanor charge, however, would also apply to such law enforce- ment officers who solicit, collect or receive any money for any poli- tical fund, club, association or committee. Essentially, this precludes police officers with political ambitions from personally accepting donations to their campaigns and further technical interpretation could even prevent them from attending a fundraiser in their honor without being in violation of the law.
Police officers who choose in their private life to become politically active in their community may find it difficult to adhere to such strict boundaries and run an effective campaign without fear of inadvertently violating the law. Recently, a town police lieutenant ran a campaign to fill a vacant seat on the Southampton Town Board. The current restrictions placed on police officers by the Election Law forced this legitimate candidate to keep a distance from the handling of campaign finances. This legislation Would remove these campaign finance activ- ities from being a chargeable misdemeanor.
Legislative history
New Legislation, 2010.
Fiscal implications
None to state.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.