Senate Bill S5042

2015-2016 Legislative Session

Relates to candidates' personal liability for violations of municipal law committed in furtherance of campaign activities

download bill text pdf

Sponsored By

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

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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

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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