S1131-2013 Actions

• Jan 9, 2013: REFERRED TO ELECTIONS

S1131-2013 Memo

BILL NUMBER:S1131

TITLE OF BILL:
An act
to amend the election law, in relation to statements of campaign
receipts; and to repeal certain provisions of the election law relating
thereto

PURPOSE:
To provide in law an explicit requirement for the itemization of
items purchased on a campaign credit card for purposes of reporting
requirements.

SUMMARY OF PROVISIONS:
Section one. Subdivision 5 of section 14-102 of the election law is
REPEALED, subdivision 1, as amended by chapter 8 of the laws of 1978,
and as redesignated by chapter 9 of the laws of 1978 is amended to
require expenditures to report on an itemized basis those item
purchased and the amount said item costs.

JUSTIFICATION:
New York State has some of the laxest campaign finance laws in the
nation. Moreover, several loopholes exist that are exploited to
further reduce the effectiveness of New York's campaign disclosure
laws. One particular loophole, which this bill addresses, pertains
to the reporting of purchases made with a campaign credit card. Under
current law, it is unclear what items purchased with a campaign
credit card need to be reported and oftentimes disclosure reports
simply state the monthly payment made to Visa or American Express.
Reporting in this manner impedes the spirit of the law and prevents
the public from seeing all of the itemized purchases made with said
card. This would require that individual purchases and suppliers be
reported. It will correct this technicality and provide more
transparency on campaign finance reports.

LEGISLATIVE HISTORY:
2011/2012 - S.3054 Remained in Senate Committee on Elections

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S1131-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1131
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sens.  BRESLIN,  KRUEGER,  MONTGOMERY  -- 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 statements of campaign
 receipts; and to repeal certain provisions of the election law  relat
 ing thereto
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.  Subdivision 5 of section 14-102 of  the  election  law  is
 REPEALED,  subdivision  1,  as amended by chapter 8 of the laws of 1978,
 and as 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]  ITEM
 OF  VALUE  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, 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01875-01-3
 
       S. 1131                             2
 it was made and the date thereof, and shall state clearly the purpose of
 such expenditure. IF ANY ONE EXPENDITURE  IS  MADE  FOR  MORE  THAN  ONE
 PURPOSE,  OR  AS PAYMENT FOR GOODS OR SERVICES SUPPLIED BY MORE THAN ONE
 SUPPLIER, SUCH STATEMENT SHALL SET FORTH SEPARATELY EACH SUCH PURPOSE OR
 SUPPLIER  AND  THE AMOUNT EXPENDED FOR EACH SUCH PURPOSE OR TO EACH SUCH
 SUPPLIER.
 Any statement reporting a loan shall have 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.
 

S 2. This act shall take effect immediately.

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