What's happening
This bill adds new campaign finance and ethics rules, restricting legislative employees' involvement with campaign funds and increasing reporting requirements for lobbyist contributions.
Why it matters
Tightens restrictions on legislative employees’ campaign involvement. Legislative employees are now broadly prohibited from soliciting, accepting, distributing, or holding campaign funds for legislative or statewide office campaigns, unless they are specifically designated in writing for such duties. This limits the risk of blurred lines between official duties and campaign activities.
Requires greater disclosure of lobbyist contributions. Political committees must now report when a contributor is a registered lobbyist, making it easier for the public and regulators to track and scrutinize the influence of lobbyists on political campaigns.
Prohibits coercion of staff for campaign finance activities. Legislators are specifically barred from pressuring their staff to participate in campaign fundraising or finance-related activities unless those staff have been duly designated. This measure aims to protect employees from undue influence or workplace retaliation.
Clarifies and strengthens ethics enforcement and penalties. The bill ensures that violations—such as improper handling of campaign funds by legislative staff—are reported to relevant authorities and the employee’s supervisor, but shields staff from fines or suspension for a first-time offense, focusing on compliance and education. It also explicitly prohibits accepting campaign contributions that could be seen as bribes or improper rewards for official actions.
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Who cares
Headline styles
Tighten Campaign Fund Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to elections
- Referred to elections
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6374
2017-2018 Regular Sessions
IN SENATE
May 11, 2017
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Elections
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 14-102 of the election law, as amended by chapter 8 and redesignated by chapter 9 of the laws of 1978, is amended to read as follows:
1. The treasurer of every political committee which, or any officer, member or agent of any such committee who, in connection with any election, receives or expends any money or other valuable thing or incurs any liability to pay money or its equivalent shall file statements sworn, or subscribed and bearing a form notice that false statements made therein are punishable as a class A misdemeanor pursuant to section 210.45 of the penal law, at the times prescribed by this article setting forth all the receipts, contributions to and the expenditures by and liabilities of the committee, and of its officers, members and agents in its behalf. Such statements shall include the dollar amount of any receipt, contribution or transfer, or the fair market value of any receipt, contribution or transfer, which is other than of money, the name and address of the transferor, contributor or person from whom received, if the contributor is a lobbyist registered pursuant to article one-A of the legislative law and if the transferor, contributor or person is a political committee; the name of and the political unit represented by the committee, the date of its receipt, the dollar amount of every expenditure, the name and address of the person to whom it was made or the name of and the political unit represented by the committee to which it was made and the date thereof, and shall state clearly the purpose of such expenditure. Any statement reporting a loan shall have
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10942-01-7
S. 6374 2
attached to it a copy of the evidence of indebtedness. Expenditures in sums under fifty dollars need not be specifically accounted for by separate items in said statements, and receipts and contributions aggregating not more than ninety-nine dollars, from any one contributor need not be specifically accounted for by separate items in said statements, provided however, that such expenditures, receipts and contributions shall be subject to the other provisions of section 14-118 of this article.
§ 2. Subdivision 3 of section 74 of the public officers law is amended by adding a new paragraph j to read as follows:
j. No legislative employee should solicit, accept, receive, distribute or be the custodian of any money in connection with any campaign for the nomination for election, or the election, of any other individual to the legislature or statewide office. The provisions of this subdivision shall not apply to the legislative employee expressly designated in writing by the appointing authority of such legislative employee and on file with the state board of elections and the legislative ethics commission to solicit, accept, receive, distribute or be the custodian of such campaign funds. Notwithstanding the provisions of this paragraph, a legislative employee may assist in the planning of political fundraising events related to an election to the legislature or statewide office, so long as such planning assistance does not include hosting any such fundraising event or other involvement in the actual solicitation or acceptance of campaign funds.
§ 3. Subdivision 3 of section 74 of the public officers law is amended by adding a new paragraph k to read as follows:
k. No member of the legislature shall directly or indirectly use his or her authority or official influence to compel or induce any legislative employee not already designated in writing by such member in accordance with provisions of this subdivision to solicit, accept, receive, distribute or be the custodian of any money in connection with any campaign for the nomination for election, or the election, of any individual to the legislature or statewide office.
§ 4. The closing paragraph of subdivision 10 of section 80 of the legislative law, as added by section 9 of part A of chapter 399 of the laws of 2011, is amended to read as follows:
The commission's disposition shall be reported in writing and published on its website no later than ten days after such disposition unless requested by a law enforcement agency to suspend the commission's action because of an ongoing criminal investigation. The disposition of any violation of paragraph j of subdivision three of section seventyfour of the public officers law shall also be reported, within ten days of such disposition, to the appointing authority for the individual subject to the jurisdiction of the commission.
§ 5. Subdivision 14-b of section 94 of the executive law, as added by section 6 of part A of chapter 399 of the laws of 2011, is amended to read as follows:
14-b. With respect to the investigation of any individual who is not a member of the legislature or a legislative employee or candidate for member of the legislature, if after its investigation the joint commission has found a substantial basis to conclude that the individual has violated the public officers law or the legislative law, the joint commission shall send a substantial basis investigation report containing its findings of fact and conclusions of law to the individual and the appointing authority, if any, for such individual. With respect to an individual who is a statewide elected official or a direct appointee
S. 6374 3
of such an official, no violation may be found unless the majority voting in support of such a finding includes at least two members appointed by the governor and lieutenant governor and enrolled in the individual's major political party, if he or she is enrolled in a major political party. Where the subject of such investigation is a state officer or employee who is not a direct appointee of a statewide elected official, at least two of the eight or more members who vote to issue a substantial basis investigation report must have been appointed by the governor and lieutenant governor. The commission shall release such report publicly within forty-five days of its issuance.
§ 6. The opening paragraph of subdivision 4 of section 74 of the public officers law is designated paragraph a and a new paragraph b is added to read as follows:
b. Notwithstanding the provisions of paragraph a of this subdivision, no legislative employee shall be fined or suspended for a first violation of the provisions of paragraph j of subdivision three of this section.
§ 7. Subdivision 3 of section 74 of the public officers law is amended by adding a new paragraph l to read as follows:
l. No member of the legislature or legislative employee should accept any contribution reportable under article fourteen of the election law, including contributions made in violation of that article of the election law, if it is reasonable to believe that such contribution is being made or given in lieu of compensation, reward, employment, gift, honorarium, travel reimbursement, subsistence expense or other thing of value from any source, for any service, advice, assistance, appearance, speech or other matter related to the exercise of his or her official duties.
§ 8. This act shall take effect on the sixtieth day after it shall have become a 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 a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
Read the full memo (602 words)
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.
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