What's happening
This bill requires disclosure and regulation of donations and spending by transition and inauguration entities, establishing penalties for violations.
Why it matters
Increases transparency around transition and inauguration fundraising. By requiring detailed disclosures of all donations, loans, and expenditures made by transition and inauguration entities, the bill ensures the public can see who is financially supporting newly elected officials during this sensitive period, potentially revealing special interest influence.
Public access to financial records. The bill mandates that the New York State Board of Elections make these financial disclosures available to the public within two business days, allowing for timely scrutiny by media, watchdogs, and citizens.
Strict penalties for non-compliance and violations. It introduces both civil and criminal penalties—including fines and potential misdemeanors or felonies—for failing to comply with reporting requirements or for attempting to evade contribution limits, which could deter unethical or illegal fundraising practices.
Mandates responsible handling of leftover funds. The legislation requires that any surplus funds after all debts are paid must be returned to donors or disposed of according to Board of Elections rules, closing a loophole that could otherwise allow officials to misuse leftover money for personal or political gain.
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Who cares
Transition and inauguration entities
They would have to disclose receipts, spending and liabilities, report how leftover funds are disposed of and terminate after their final report.
Candidates
They could face civil penalties of up to $1,000 if their transition or inauguration entities fail to file required statements or records on time.
Board of Elections and chief enforcement counsel
They would oversee reporting requirements, make accepted disclosures public within two business days and pursue specified civil penalties.
Donors to transition and inauguration entities
Their names, addresses and contributions would be disclosed, except that contributions totaling no more than $99 from one contributor would not require separate itemization.
Headline styles
Disclose Inauguration Donations
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to elections
- 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.
Disclose Inauguration Donations
In Assembly Committee · Election Law · Sponsor Sandy Galef
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5149
2019-2020 Regular Sessions
IN SENATE
April 11, 2019
Introduced by Sen. BIAGGI -- 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 transition and inauguration receipts and expenditures
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 article 18 to read as follows:
ARTICLE 18
TRANSITION AND INAUGURATION RECEIPTS AND EXPENDITURES Section 18-100. Statements of receipts, contributions, transfers and
expenditures to transition and inauguration entities.
18-101. Penalties.
§ 18-100. Statements of receipts, contributions, transfers and expenditures to transition and inauguration entities. 1. (a) An entity formed for the purpose of accepting donations and loans, and for making expenditures for transition or inauguration into office shall file, at the times prescribed by the board of elections, a statement with the board setting forth all the receipts, contributions to and the expenditures by and liabilities of the entity, and of its officers, members and agents on 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, 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 attached to it a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09000-01-9
S. 5149 2
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.
(b) Disclosure reports shall be submitted at such times and in such form as the board of elections shall require and shall be clearly legible. The board of elections shall make available to the public a copy of these disclosure reports within two business days after they are accepted by the board of elections.
2. The final disclosure report submitted by such entity shall set forth the disposition of any funds remaining after all liabilities are paid, after which the entity shall be terminated. If an entity has funds remaining after all liabilities have been paid, it shall return those funds to one or more of the entity's donors, or if that is impracticable, dispose of the funds in a manner set forth by the board of elections.
§ 18-101. Penalties. 1. Any candidate whose transition or inauguration entity fails to file in a timely manner a statement or record required to be filed by this article or the rules of the board of elections in implementation thereof shall be subject to a civil penalty, not in excess of one thousand dollars, to be recoverable in a special proceeding or civil action to be brought by the chief enforcement counsel pursuant to section 16-114 of this chapter.
2. Any person who knowingly and willfully fails to file a statement required to be filed by this article within ten days after the date provided for filing such statement or any person who knowingly and willfully violates any other provision of this article shall be guilty of a class A misdemeanor.
3. Any person who, acting as or on behalf of a candidate or transition or inauguration entity, under circumstances evincing an intent to violate such law, unlawfully accepts a contribution in excess of a contribution limitation established in this article, shall be required to refund such excess amount and shall be subject to a civil penalty equal to the excess amount plus a fine of up to ten thousand dollars, to be recoverable in a special proceeding or civil action to be brought by the state board of elections chief enforcement counsel.
4. Any person who knowingly and willfully contributes, accepts or aids or participates in the acceptance of a contribution in an amount exceeding an applicable maximum specified in this article shall be guilty of a class A misdemeanor.
5. Any person who shall, acting on behalf of a candidate or transition or inauguration entity, knowingly and willfully solicit, organize or coordinate the formation of activities of one or more unauthorized committees, make expenditures in connection with the transition or inauguration of any candidate, or solicit any person to make any such expenditures, for the purpose of evading the contribution limitations of this article, shall be guilty of a class E felony.
§ 2. This act shall take effect on the fifteenth of December next succeeding the date on which it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
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 tran- sition and inauguration receipts and expenditures
Purpose or general idea of bill
Section 1. A new article 18 is added to the Election Law. Section 18-100 states that an entity formed to accept donations and loans, and make expenditure for a transition or inauguration into office shall file a statement of all receipts, contributions, expenditures and liabilities of the entity, and shall submit a disclosure report to the Board of Elections. Section 18-101 establishes penalties that apply to those entities not filing in a timely manner.
Section 2. Establishes the effective date.
Justification
The purpose of this bill is to limit the use of transition and inaugural funds in response to a recent court case involving a local-level New York elected official who allegedly spent $45,000 from their inaugural committee to fund extravagant personal expenses, including an overseas family vacation and an expensive brand-name purse.
Assemblywoman Paulin carries similar legislation requiring transition and inauguration entities to register, set forth limits for contrib- utions, and prohibit the conversion of funds for personal use, while Assemblywoman Galef's legislation requires these entities to submit statements of receipts, contributions, transfers and expenditures, and establishes penalties if they do not file in the time allotted. Togeth- er, the passage of these two bills will increase transparency, and hold elected officials accountable.
At the federal-level, President Trump's inaugural committee is under investigation for possibly misusing some of the $1 million dollars it raised. This proposed legislation could be the basis for changes at the Federal level.
The purpose of this legislation is to require statements be filed in regards to the receipts and expenditures of a Transition and Inaugu- ration entity.
Summary of provisions
New York City regulates transition and inauguration donations and expenses by requiring registration, and prohibiting funds from being used for personal purposes. It is important that the rest of New York State follow suit.
Prior legislative history
This is new legislation.
Fiscal implications for state and local governments
There are no fiscal implications associated with the passage of this legislation.
Effective date
This act shall take effect on the fifteenth of December next succeeding the date on which is shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.