Relates to statements of campaign receipts, contributions, transfers and expenditures

BILL NUMBER:S2742

Title of bill

An act to amend the election law, the public officers law, the legislative law and the executive law, in relation to statements of campaign receipts, contributions, transfers and expenditures

Summary of specific provisions

Section one amends section 14-102 of the election law to require statements of campaign receipts contributions, transfers and expenditures disclosed if contributors are lobbyists pursuant to article 1-A of the legislative law.

Section two adds a new paragraph j to section 74 of the public officers law establishing that only one designated legislative employee may solicit, accept, receive, distribute or be the recipient of campaign funds in connection with any stare legislative or statewide campaign.

Section three adds a new paragraph k to section 74 of the public officers law establishing that no member of the legislature shall use his or her authority to influence or compel a legislative employee not designated to solicit funds to do so.

Section four amends subdivision 10 of section 80 of the legislative law to require reports by the legislative ethics commission of any violations of the law regarding solicitation of campaign funds by legislative employees.

Section five amends subdivision 14-b of section 94 of the executive law to require reports by the Joint Commission on Public Ethics to report any violations of Public officers law or legislative law to the appointing authority, of any individual subject to such investigation.

Section six amends subdivision 4 of section 74 of the public officers law to prohibit fines or suspensions for a first violation of the law regarding solicitation of campaign funds by legislative employees.

Section seven amends subdivision 3 of section 74 of the public officers 1 4 to prohibit members of the legislature or legislative employees from accepting any contributions where it is reasonable to believe such contribution is being given in lieu of any form of compensation for any service related to the exercise of his or her official duties.

Section eight of the bill is the effective date.

Justification

Present law does not adequately address the need to ensure a separation between political fundraising operations and the official duties of legislators and statewide elected officials. The law should establish clear rules regarding fundraising by legislative employees as a way to ensure that campaign contributions are not being given, nor is there the appearance that they are being given, in exchange for preferential treatment of contributors by legislators. Recent

political scandals in Albany only highlight the need for strengthening our ethics laws.

By limiting the role of legislative employees in the solicitation and receipt of campaign contributions, this legislation clarifies that the primary role of such employees must be their official duties in drafting and evaluating legislation and responding to constituent concerns. The limitations on fundraising activities by legislative employees proposed in this legislation are similar to the ethics rules of the United States Senate.

This legislation also explicitly bans the receipt of campaign contributions in exchange for any official action. There have been many recent reports of legislation being introduced that favors donors to specific political campaigns, often referred to as "pay to play.". By clarifying the law regarding such transactions, this legislation will make it easier for ethics enforcement entities to pursue these violations of the public trust.

Fiscal implications for state and local governments

None.

Effective date

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 become a law.