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S743Senate2009-2010 SessionSame asA812

Relates to defining permissible personal use of campaign contributions

Sponsor Liz KruegerSD-26+6 co-sponsorsAffects Finance
Status
In Senate Committee
Finance
Impact
Pending
Passage
Pending

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In committee · Finance

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History

  1. Reported and committed to finance
  2. Print number 743c
  3. Amend and recommit to codes
  4. Print number 743b
  5. Amend and recommit to codes
  6. Reported and committed to codes
  7. Referred to elections
  8. Print number 743a
  9. Amend and recommit to elections
  10. Referred to elections

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.

A812Assembly

Relates to defining permissible personal use of campaign contributions

In Assembly Committee · Election Law · Sponsor Kevin Cahill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the election law and the public officers law, in relation to campaign funds for personal use

Purpose

This legislation will more clearly delineate how candidates for elected office can and cannot use their campaign funds, establish rules and methods for the disposal of excess campaign funds and for the timing of such disposal, require that they specifically detail campaign contributions by lobbyists and prohibit the soliciting or receiving of contributions for campaigns for state or federal office by senior policy makers in the executive branch.

Justification

This bill addresses a number of concerns with how campaign funds are raised and expended. Currently, New York's election law, allowing candidates to spend campaign funds for "any lawful purpose," is among the most lax in the nation. While spending campaign fluids for personal use is technically prohibited, the lack of any definition for what constitutes a personal use renders the provision meaningless. This shortcoming in the law is striking when compared to the detailed restrictions issued by the Federal Election Commission. And when it is combined with the provision that allows elected officials to retain campaign funds for any use related to the holding of public office, it gives legislators virtual carte blanche for expenditures that are, at best, tangentially related to their campaigns and official duties.

Read the full memo (736 words)

Examples of successful, unsuccessful or former candidates using excess campaign funds for luxury vehicles, sky boxes, extravagant meals, inter-national travel and home improvements have regularly appeared in newspapers across the state. There is a growing and justifiable public perception that campaign funds are being used to enhance the post election lifestyles of candidates for public office. Such largesse turns the ideal of representatives serving the public on its head.

Campaign donors have a reasonable expectation that their contributions will be used for the candidate's election efforts and the execution of his or her duties. They do not expect their contributions to subsidize personal spending. This legislation addresses these abuses while preserving elected officials' ability to fluid the legitimate work of their offices.

By adding a detailed list, both in generalities and specific examples, to the current language, the line as to what can and cannot be done is brightly drawn. In addition to the obvious need to spend campaign funds on campaigns, the expanded definition makes it clear that expenditures related to holding public office are restricted to those costs that would not otherwise be incurred if an individual was a private citizen.

In addition, the bill sets limits on how long campaign committees can be maintained by former candidates. Reports of committees continuing years after campaigns were ended are all too common. By setting time limits and also specifying how excess funs can be disbursed, this abuse will be eliminated.

The bill also requires campaign committees to identify contributions from lobbyists registered with the Temporary State Lobbying Commission. This is in response to concerns that recent changes in the interpretation of what constitutes an illegal gift by the commission will result in the use of campaign funds from lobbyists in place of the prohibited gifts from lobbyists. Coupled with the more stringent standard for the personal use of campaign funds, the detailing of lobbyists contributions will make it all the more difficult to justify such expenditures.

Finally the bill prohibits the soliciting or receiving of contributions for a campaign for state or federal office while in a senior policy position in the executive branch. This is in response to the recent disclosure that the head of an executive agency who acknowledged that he was not a candidate for any office, continued to raise and spend campaign funds to enhance his life style. To engage in such actions while overseeing an industry which is actively and at great expense lobbies state government, at the very least gives the impression that favorable decisions were being sold and, true or not, feeds public cynicism. The legislation, again in conjunction with the new, more clearly delineated limits on the use of campaign funds, prohibits such misuse of campaign funds.

Fiscal implications

None.

Effective date

This act shall take effect on the sixtieth day after it shall have become law; provided, however, that the state board of elections shall notify all registered campaign committees of the applicable provisions of this act within thirty days after this act shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.