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S1936Senate2019-2020 Session

Limit Political Donations by Appointees

Official title

“Relates to contribution limits for parties appointed to public positions”

Status
In Senate Committee
Elections
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Elections

What's happening

This bill limits political contributions from individuals recently appointed to state or local boards, their relatives, and related companies, and establishes penalties for violations.

Why it matters

  1. Targets potential conflicts of interest. by sharply limiting political donations from people who have recently been appointed to state or local boards, as well as their relatives and businesses in which they hold a significant stake. This addresses concerns about appointees using contributions to gain or maintain influence.

  2. Casts a wide net over “relatives,”. including not just immediate family but anyone living in the household and a broad range of descendants and their spouses. This reduces opportunities to circumvent the law by funneling contributions through family members.

  3. Imposes steep penalties for violations,. including civil fines of up to $10,000 or double the illegal contribution, whichever is higher, and mandates that any illegal contributions must be refunded. This creates a significant deterrent for both donors and recipients.

  4. Could affect political fundraising and appointments,. as both parties and candidates may need to more closely scrutinize contributions, and potential appointees must consider the impact on their and their relatives’ ability to participate financially in politics.

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Who cares

Headline styles

Limit Political Donations by Appointees

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Michael H. Ranzenhofer

Senator · Senate District 61

No co-sponsors yet.

History

  1. Referred to elections
  2. Referred to elections

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1936

2019-2020 Regular Sessions

IN SENATE

January 17, 2019

Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Elections

AN ACT to amend the election law, in relation to contribution limits for parties appointed to public positions

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The election law is amended by adding a new section 14-115 to read as follows:

§ 14-115. Contribution limits for parties appointed to public positions. 1. For purposes of this section, "relative" of any individual shall mean any person living in the same household as the individual or any person who is a direct descendant of that individual's or that individual's spouse's grandparents or the spouse of such descendant.

2. Notwithstanding any other provision of law, no person, relative of such person, or company in which such person or his or her relative owns more than a ten percent interest who is, or during the past twelve months has been, appointed to a position on any state or local board or authority within the state, may make a contribution to any state constituted party or committee or any candidate or candidate committee for any office of the state, municipal or other local government in an amount in excess of fifteen percent of the contribution limits set forth in section 14-114 of this article.

§ 2. Section 14-126 of the election law is amended by adding a new subdivision 8 to read as follows:

8. (a) Any person, organization, group of persons, or business entity as that term is used in section 14-115 of this article, who, under circumstances evincing an intent to violate such section, makes a contribution in contravention of section 14-115 of this article, shall be subject to a civil penalty not to exceed the greater of ten thousand dollars or an amount equal to two hundred percent of the contribution,

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02227-01-9

S. 1936 2

to be recoverable in a special proceeding or civil action to be brought by the state board of elections chief enforcement counsel.

(b) Any person who, acting as or on behalf of an officeholder, candidate, or political committee, accepts a contribution in contravention of section 14-115 of this article shall be required to refund such contribution.

§ 3. This act shall take effect on the one hundred eightieth day after it 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, in relation to contribution limits for parties appointed to public positions

Purpose

To limit contributions from persons appointed to public boards and authorities and their families from making political donations.

Summary of provisions

Section 1 amends the Election Law to add a new section 14115. Paragraph 1 provides definitions for the section. Paragraph 2 provides that notwithstanding any other provision of law, persons, relative of such persons, as defined in the section, or company in which such person has a ten percent or more interest, who is or has during the past twelve months been appointed to a position on any state or local board or authority within the state are limited in the amount they may donate to any state constituted party or committee or any candidate or candidate committee for any office of the state, municipal or other local govern- ment to fifteen percent of what they would otherwise be permitted to donate.

Section 2 Provides for penalties for violation of this section, and requires the receiving political committee to return donations that violate this limit.

Section 3 Effective date.

Justification

Recent news articles have brought to light that persons who have been appointed to public boards or authorities make substantial political donations both before and after their appointment. Persons appointed to public boards and authorities sometimes receive significant payment for serving on these boards and authorities, and often control how and to whom large sums of public money are spent. There are rules requiring disclosure of conflicts of interest, but there remains the perception of possible impropriety when persons appointed to these powerful positions donate, either personally or through their families and businesses, to those who appointed them or who may be affiliated with the appointing persons. The Governor has an Executive Order that applies only to his office, but it does not hold the same permanence as a law, and does not apply broadly to all boards and authorities and other elected offices.

The limits provided for in this bill provide an unambiguous rule that all parties can understand and allows all parties to avoid criticism or the appearance of impropriety.

Legislative history

2018 - S.8063 -- ELECTIONS

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law.

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