Prohibits the use of official position for political fundraising

1 Co-sponsor

• Liz Krueger

Title of bill

An act to amend the public officers law and the penal law, in relation to prohibiting the use of an official position for political fundraising

Purpose

To limit and guard against public officials using the information and influence of their policymaking public positions to raise funds for political candidates.

Summary of provisions

The bill also adds two new paragraphs to section seventy-four of the public officers law to prohibit officers and employees of a state agency and other policy makers from using their public position or information gained through that position to raise funds for political candidates.

The bill also adds two new sections to the penal law making it illegal for a person to exploit his or her official position in a state agency or as a policy maker to solicit funds or allow his or her name to be used to solicit funds for a political candidate. Criminal penalties include a class A misdemeanor and a class E felony.

Justification

This bill strengthens the limitations on certain state public officers from using their position to raise funds for political candidates. The measure attempts to strike at a widespread and corrosive practice of public officials soliciting campaign contributions or support from public employees or entities doing business with government. This practice inevitably leads to a strong potential for abuse and one that district attorneys should be able to curtail with a strong and distinct statute. New York City has already enacted such limitations and embodies recommendations of the New York State Commission on Government Integrity as contained in its June 1989 report entitled "The Midas Touch: Campaign Finance Practices of Statewide Officeholders."

Legislative history

S.5227 of 1995-1996 (Leichter): Died in Rules(1995)/Died in Finance(1996) A.9252 of 1996(Grannis):Reported to Codes S.3493 of 1997-1998 (Leichter): Died in Finance A.946 of 1997-1998(Grannis): Died in Gov Ops (1997)/Reported to Codes(1998) S.57 of 1999-2000 (Oppenheimer): Died in Finance A.1163 of 1999-2000 (Grannis): Died in Gov Ops S.4795 of 2001-2002 (Oppenheimer): Died in Finance A.255 of 2001-2002 (Grannis): Died in Gov Ops S.3730 of 2003-2004 (Oppenheimer): Died in Finance A.482 of 2003-2004 (Grannis): Died in Gov Ops S.3850 of 2005-2006 (Oppenheimer): Died in Finance S.3469 of 2007-2008 (Oppenheimer): Died in Finance S.3961 of 2009-2010 (Oppenheimer): Died in Finance A.7392 of 2009-2010 (Kavanagh): Died in Gov Ops S.1847 of 2011-2012 (Oppenheimer): Died in Finance A.5906 of 2011-2012 (Kavanagh): Died in Gov Ops S.2966 of 2013-2014 (Gipson): Died in Finance A.2100 of 2013-2014 (Kavanagh): Died in Gov Ops

Fiscal implications

None.

Effective date

This act shall take effect immediately provided that section three of this act shall take effect on the first of November next succeeding the date on which it shall have become law.