Prohibits campaign contributions to candidates for state senate and assembly by certain members of the legislative ethics commission; provides an exemption that permits present members of the legislature to make campaign contributions; imposes penalties.
STATE OF NEW YORK
________________________________________________________________________
5148--A
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 Ethics and Internal Gover-
nance -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the legislative law and the election law, in relation to
prohibiting campaign contributions to candidates for state senate and
assembly by certain members of the legislative ethics commission
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 80 of the legislative law is amended by adding a
2 new subdivision 3-a to read as follows:
3 3-a. No member of the commission shall make a contribution to any
4 candidate for state senate or assembly; provided, however, that the
5 provisions of this subdivision shall not apply to members of the commis-
6 sion who are present members of the legislature.
7 § 2. Subdivision 1 of section 14-114 of the election law is amended by
8 adding a new paragraph d to read as follows:
9 d. In any election for state senate or assembly, no member of the
10 legislative ethics commission as defined in section eighty of the legis-
11 lative law, shall make a contribution to a candidate and no candidate
12 shall accept a contribution from a member of such legislative ethics
13 commission; provided, however, that the provisions of this paragraph
14 shall not apply to members of the commission who are present members of
15 the legislature.
16 § 3. Section 14-126 of the election law is amended by adding a new
17 subdivision 8 to read as follows:
18 8. (a) Any member of the legislative ethics commission, who, under
19 circumstances evincing an intent to violate such law, makes a contrib-
20 ution in contravention of paragraph d of subdivision one of section
21 14-114 of this article shall be subject to a civil penalty not to exceed
22 the greater of ten thousand dollars or an amount equal to two hundred
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10534-02-9
S. 5148--A 2
1 percent of the contribution, to be recoverable in a special proceeding
2 or civil action to be brought by the state board of elections chief
3 enforcement counsel.
4 (b) Any person who, acting as or on behalf of an officeholder, candi-
5 date, or political committee, accepts a contribution in contravention of
6 paragraph d of subdivision one of section 14-114 of this article shall
7 be required to refund such contribution.
8 § 4. This act shall take effect on the one hundred eightieth day after
9 it shall have become a law.
