Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 06, 2016 |
referred to elections |
Apr 29, 2015 |
referred to elections |
Senate Bill S5042
2015-2016 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Elections Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2015-S5042 (ACTIVE) - Details
- Current Committee:
- Senate Elections
- Law Section:
- Election Law
- Laws Affected:
- Add Art 18 §18-100, El L; amd §6201, CPLR
- Versions Introduced in 2017-2018 Legislative Session:
-
S1552
2015-S5042 (ACTIVE) - Summary
Relates to establishing the personal liability of candidates for violations committed by such candidates, such candidates' political committees or other authorized individuals, for violations of municipal law, and providing for enforcement of monetary penalties stemming therefrom.
2015-S5042 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5042 TITLE OF BILL: An act to amend the election law and the civil practice law and rules, in relation to candidate liability for violations of municipal laws and enforcement of money judgments PURPOSE OR GENERAL IDEA OF BILL: The legislation will ensure that candidates for elective office are held personally responsible for violations and payments of fines for any violations of state or municipal laws or regulations that are committed either directly by a candidate or their political committees as a result of campaign activities. Implementation of this personal liability upon the candidate is similar to the personal liability imposed on candidates pursuant to Section 14-126 for violations of the State Election Law. The legislation will also clarify that the state and any municipality is entitled to seek the attachment of a lien against the bank accounts of a candidate and/or their authorized campaign committees pursuant to CPLR Article 6201 arising from money judgments issued by an administrative tribunal in relation to violations of state and municipal law. SUMMARY OF PROVISIONS: Section 1 of the bill amends the election law by adding a new article 18 entitled "Violations of Municipal Law" that states that a candidate
2015-S5042 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5042 2015-2016 Regular Sessions I N S E N A T E April 29, 2015 ___________ Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Elections AN ACT to amend the election law and the civil practice law and rules, in relation to candidate liability for violations of municipal laws and enforcement of money judgments 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 article 18 to read as follows: ARTICLE 18 VIOLATIONS OF MUNICIPAL LAW SECTION 18-100. PERSONAL LIABILITY FOR VIOLATIONS OF MUNICIPAL LAW. S 18-100. PERSONAL LIABILITY FOR VIOLATIONS OF MUNICIPAL LAW. A CANDI- DATE SHALL BE PERSONALLY LIABLE FOR THE AMOUNT OF ANY MONETARY PENALTIES FOR THE VIOLATION OF ANY MUNICIPAL LAW OR REGULATION COMMITTED BY SUCH CANDIDATE, ANY POLITICAL COMMITTEE FORMED BY SUCH CANDIDATE, OR ANY PERSON ACTING ON BEHALF OF SUCH CANDIDATE OR POLITICAL COMMITTEE, COMMITTED IN FURTHERANCE OF CAMPAIGN ACTIVITIES. S 2. Subdivisions 4 and 5 of section 6201 of the civil practice law and rules, subdivision 4 as added and subdivision 5 as renumbered by chapter 618 of the laws of 1992 and subdivision 5 as amended by chapter 860 of the laws of 1977, are amended and a new subdivision 6 is added to read as follows: 4. the action is brought by the victim or the representative of the victim of a crime, as defined in subdivision six of section six hundred twenty-one of the executive law, against the person or the legal repre- sentative or assignee of the person convicted of committing such crime and seeks to recover damages sustained as a result of such crime pursu- ant to section six hundred thirty-two-a of the executive law; or 5. the cause of action is based on a judgment, decree or order of a court of the United States or of any other court which is entitled to EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09897-01-5
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