S1163-2011 Actions

• Jan 4, 2012: REFERRED TO ELECTIONS
• Jan 5, 2011: REFERRED TO ELECTIONS

S1163-2011 Memo

BILL NUMBER:S1163

TITLE OF BILL:
An act
to amend the election law, in relation to providing that campaign
accounts be transferred to the state treasury upon death of a candidate

PURPOSE OR GENERAL IDEA OF BILL:
Provides that remaining campaign
accounts be transferred to the stat treasury after the death of a
candidate unless previous arrangements have been made to have the
funds donated to a charity of the candidate's choice upon his or her
death.

SUMMARY OF SPECIFIC PROVISIONS:
Section one (1) requires the disposal
of campaign funds to the state comptroller (2) requires the treasurer
of said political committee to notify the board of elections within
30 days of the candidates death (3) allows said candidate to
designate a charitable organization to receive the balance of any
monies.

Section 2 provides that this act shall take effect 60 days after it
has become law.

JUSTIFICATION:
In August 2009, it was revealed that the widow of the late Senator Ron
Stafford had been making contributions to various charities and
campaign committees from the "Committee to Re-elect Stafford"
account. Since his death in 2005, Kay Stafford has doled out
approximately $60,000. Kay Stafford is a long time lobbyist with CMA
Consulting Services.

These contributions are known as "ghost" contributions. Currently,
there is no statute in New York state law addressing the disposition
of funds when someone with a campaign account passes away. This bill
clearly states who would inherit control of the money and where the
money is permitted to go, post mortem. This area of law needs to be
clearly defined.

PRIOR LEGISLATIVE HISTORY:
2010: A.11517/S.6259

FISCAL IMPLICATIONS:
None to the State

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after
it has become law.

S1163-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 1163                                                   A. 898
 2011-2012 Regular Sessions
 SENATE - ASSEMBLY
 January 5, 2011
 
 IN  SENATE  --  Introduced  by Sens. BRESLIN, HASSELL-THOMPSON, HUNTLEY,
 KRUEGER, OPPENHEIMER, PARKER -- read twice and  ordered  printed,  and
 when printed to be committed to the Committee on Elections
 IN  ASSEMBLY -- Introduced by M. of A. McENENY -- read once and referred
 to the Committee on Election Law
 

AN ACT to amend the election law, in relation to providing that campaign
 accounts be transferred to the state treasury upon death of  a  candi
 date
 

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

 

Section 1. The election law is amended by adding a new section  14-131
 to read as follows:

 

S  14-131. REQUIRED DISPOSAL OF CAMPAIGN FUNDS. 1. UPON THE DEATH OF A
 CANDIDATE, FORMER CANDIDATE OR HOLDER OF ELECTIVE OFFICE,  WHO  RECEIVED
 CAMPAIGN  CONTRIBUTIONS,  ANY MONEYS REMAINING IN THE ACCOUNT OF A POLI
 TICAL COMMITTEE FORMED FOR THE PURPOSE OF  PROMOTING  OR  ELECTING  SUCH
 CANDIDATE  NOT OTHERWISE DUE AND OWED TO ANY PARTY SHALL BE PAID OVER TO
 THE COMPTROLLER OF THE STATE OF NEW YORK  FOR  DEPOSIT  IN  THE  GENERAL
 TREASURY OF THE STATE.
 2. THE TREASURER OF A POLITICAL COMMITTEE SHALL NOTIFY THE STATE BOARD
 OF  ELECTIONS  UPON THE DEATH OF A CANDIDATE, FORMER CANDIDATE OR HOLDER
 OF ELECTIVE OFFICE. SUCH NOTICE SHALL BE FILED IN THE  OFFICE  IN  WHICH
 THE  COMMITTEE  IS  REQUIRED  TO FILE STATEMENTS UNDER SECTION 14-110 OF
 THIS ARTICLE, WITHIN THIRTY DAYS OF THE DEATH OF SUCH PERSON.
 3. NOTWITHSTANDING SUBDIVISION  ONE  OF  THIS  SECTION,  A  CANDIDATE,
 FORMER  CANDIDATE  OR HOLDER OF ELECTIVE OFFICE MAY, AT ANY TIME, DESIG
 NATE A CHARITABLE ORGANIZATION TO RECEIVE  THE  BALANCE  OF  ANY  MONEYS
 REMAINING IN THE ACCOUNT OF A POLITICAL COMMITTEE FORMED FOR THE PURPOSE
 OF PROMOTING OR ELECTING SUCH CANDIDATE UPON THE DEATH OF SUCH PERSON BY
 FILING  A  NOTICE  TO THAT EFFECT WITH THE STATE BOARD OF ELECTIONS. THE
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01835-01-1
 
       S. 1163                             2                             A. 898
 STATE BOARD OF ELECTIONS SHALL DEVELOP A FORM FOR  SUCH  PURPOSE.  IF  A
 CHARITABLE  ORGANIZATION DESIGNATED BY A CANDIDATE UNDER THIS SECTION IS
 NO LONGER IN EXISTENCE UPON THE DEATH OF SUCH PERSON THEN SUCH REMAINING
 MONEYS  SHALL  BE PAID INTO THE GENERAL TREASURY OF THE STATE IN ACCORD
 ANCE WITH THIS SECTION.
 

S 2. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law;  provided,  however,  that this act shall apply to
 contributions received after such effective date; and provided, further,
 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.

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