Requires elected officials to post certain information regarding contributions on his or her website; failure to comply with this provision of this section shall constitute a class E felony.
TITLE OF BILL: An act to amend the public officers law, in relation to requiring elected officials to post certain information regarding contributions on his or her websites
PURPOSE OR GENERAL IDEA OF BILL: Strengthens the provisions regarding the posting of contributions received by certain elected officials. Criminal sanction impact.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends the Public Officers Law by adding a new section 61-a. Requires the Governor, the Comptroller, the Attorney General and any member of the Senate or Assembly to post on the homepage of his or her websites a direct link to the Board of Elections website to such elected official's campaign contributions. Requires all contributions over twohundred and fifty dollars to be posted on the homepage of such elected officials websites within thirty days of receipt. Specifies that the exact dollar amount of the contribution and the identity of the donor shall be provided. Prohibits New York State employees from posting such information on the campaign websites of any elected official while performing their duties as a state employee. Establishes a Class E Felony for willful violations of this section.
Section 2. Effective Date
EXISTING LAW: None
JUSTIFICATION: The provisions of this legislation will require that the Governor, Comptroller, the Attorney General and any member of the Senate or Assembly post on the homepage of his or her websites, a direct link to the Board of Elections website to his or her campaign contributions. Likewise, all contributions valued over two-hundred and fifty dollars will also be required to be posted on the homepage of the official's web sites within thirty days of receipt of the contribution. The specific dollar amount and the identity of the donor will also be required. Furthermore, New York State employees are prohibited from posting such information while performing their duties as a state employee. Deliberate failure to comply with the provisions of this legislation will be a Class E Felony.
The public should have easy, timely access to information regarding contributions to their elected officials. Currently this information is only available through the Board of Elections. This legislation improves both transparency and access regarding contributions to elected officials and provides for a criminal sanction impact for willful violation of its provisions.
PRIOR LEGISLATIVE HISTORY: 2013: S.787-A: Amended, Recommitted to Corporations, Authorities & Commissions 2012: S.96- Referred to Corpo rations, Authorities & Commissions 2011: S.96 - Defeated in Corporations, Authorities & Commissions 2010: S.8457B - Referred to Rules
FISCAL IMPLICATIONS: None to state.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 787--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public officers law, in relation to requiring elected officials to post certain information regarding contributions on his or her websites THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public officers law is amended by adding a new section 61-a to read as follows: S 61-A. CONTRIBUTIONS POSTED ON CERTAIN ELECTED OFFICIALS' WEBSITES. 1. THE GOVERNOR, THE COMPTROLLER, THE ATTORNEY GENERAL AND ANY MEMBER OF THE SENATE OR ASSEMBLY SHALL: A. POST ON THE HOMEPAGE OF HIS OR HER WEBSITES A DIRECT LINK TO THE BOARD OF ELECTIONS WEBSITE TO SUCH ELECTED OFFICIAL'S CAMPAIGN CONTRIB- UTIONS. B. POST ON THE HOMEPAGE OF HIS OR HER WEBSITES ALL CONTRIBUTIONS OVER TWO HUNDRED FIFTY DOLLARS WITHIN THIRTY DAYS OF RECEIPT; INCLUDING THE EXACT AMOUNT OF EACH CONTRIBUTION AND THE IDENTITY OF THE DONOR. 2. SUCH ELECTED OFFICIAL SHALL BE RESPONSIBLE FOR ENSURING THAT THE INFORMATION AS REQUIRED IN PARAGRAPHS A AND B OF SUBDIVISION ONE OF THIS SECTION IS POSTED, EITHER BY THE ELECTED OFFICIAL OR SUCH ELECTED OFFI- CIAL'S DESIGNEE, PROVIDED, HOWEVER, THAT UNDER NO CIRCUMSTANCES SHALL STAFF EMPLOYED BY THE STATE OF NEW YORK, WHILE IN THE COURSE OF HIS OR HER DUTIES AS AN EMPLOYEE OF THE STATE, BE DESIGNATED FOR THE PURPOSES OF POSTING SUCH INFORMATION ON THE CAMPAIGN WEBSITES OF ANY ELECTED OFFICIAL. 3. ANY PERSON WHO SHALL KNOWINGLY AND WILLFULLY VIOLATE ANY PROVISION OF THIS SECTION SHALL BE GUILTY OF A CLASS E FELONY. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00342-02-3