Relates to increasing fines and penalties for certain violations; requires refund of certain illegal contributions.

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S890A-2011 Actions

• Jan 13, 2012: PRINT NUMBER 890A
• Jan 13, 2012: AMEND AND RECOMMIT TO ELECTIONS
• Jan 4, 2012: REFERRED TO ELECTIONS
• Jan 5, 2011: REFERRED TO ELECTIONS

S890A-2011 Memo

BILL NUMBER:S890A

TITLE OF BILL:
An act
to amend the election law, in relation to
increasing penalties for
certain violations

PURPOSE:
This legislation would increase fines and penalties for certain
violations; requires refund of certain illegal contributions.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends Election Law � 14-126 to increase civil
penalties for violations of New York's campaign finance laws. The
bill imposes civil penalties of up to $10,000 for expending campaign
funds for personal use; and political committee violations of the
campaign finance law.

The bill also creates a penalty for those who establish a partnership
or limited liability company to evade the contribution limits. The
penalty would be two times the amount contributed plus a fine of
10,000 in a civil proceeding brought by the board of elections.

JUSTIFICATION:
Current penalties for violations of campaign finance laws in New York
are either nonexistent or extremely weak. The fines under current law
are far too low, considering the level of contributions candidates
receive. This legislation is an important component of a series of
meaningful campaign finance reforms for New Yorkers.

LEGISLATIVE HISTORY:
2010: S.4061B, Similar to A.7488-A

FISCAL IMPLICATIONS:
There may be a small increase in revenues due to increased fine levels.

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

S890A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   890--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
    printed to be committed to the Committee on Elections  --  recommitted
    to the Committee on Elections in accordance with Senate Rule 6, sec. 8
    --  committee  discharged,  bill amended, ordered reprinted as amended
    and recommitted to said committee

  AN ACT to amend the election law, in relation  to  increasing  penalties
    for certain violations

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


    Section 1.  Section 14-126 of the election law, as amended by  section
  3  of  part  E of chapter 399 of the laws of 2011, is amended to read as
  follows:

    S 14-126. Violations; penalties. 1. Any person who  fails  to  file  a
  statement  required  to  be  filed by this article shall be subject to a
  civil penalty, not in excess of one thousand dollars, to be  recoverable
  in a special proceeding or civil action to be brought by the state board
  of elections [or other board of elections] PURSUANT TO SECTION 16-114 OF
  THIS  CHAPTER.  Any  person  who,  three  or  more  times within a given
  election cycle for such term of office, fails to  file  a  statement  or
  statements  required  to be filed by this article, shall be subject to a
  civil penalty, not in excess of ten thousand dollars, to be  recoverable
  as provided for in this subdivision.
    2.  Any person who, acting as or on behalf of a candidate or political
  committee, under circumstances evincing an intent to violate  such  law,
  unlawfully accepts a contribution in excess of a contribution limitation
  established  in  this  article,  shall be required to refund such excess
  amount and shall be subject to a  civil  penalty  equal  to  the  excess
  amount plus a fine of up to ten thousand dollars, to be recoverable in a
  special  proceeding  or civil action to be brought by the state board of
  elections.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00713-03-2

 S. 890--A                           2

    3. ANY PERSON WHO, ACTING AS OR ON BEHALF OF A CANDIDATE OR  POLITICAL
  COMMITTEE,  UNDER  CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE SUCH LAW,
  UNLAWFULLY (A) EXPENDS CAMPAIGN FUNDS FOR A PERSONAL USE IN VIOLATION OF
  THIS ARTICLE, OR (B) CONDUCTS ACTIVITIES  PROHIBITED  BY  THIS  ARTICLE,
  SHALL  BE  SUBJECT  TO  A  CIVIL  PENALTY, NOT IN EXCESS OF TEN THOUSAND
  DOLLARS, TO BE RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL ACTION TO BE
  BROUGHT BY THE STATE BOARD OF ELECTIONS.
    4. Any person who knowingly and willfully fails to  file  a  statement
  required  to  be  filed  by  this article within ten days after the date
  provided for filing such statement or any person who knowingly and will-
  fully violates any other provision of this article shall be guilty of  a
  misdemeanor.
    [4.] 5. Any person who knowingly and willfully contributes, accepts or
  aids  or  participates  in the acceptance of a contribution in an amount
  exceeding an applicable maximum specified in this article shall be guil-
  ty of a misdemeanor.
    [5.] 6. Any person who shall, acting on behalf of a candidate or poli-
  tical committee, knowingly and willfully solicit, organize or coordinate
  the formation of activities of one or more unauthorized committees, make
  expenditures in connection with the nomination for election or  election
  of  any  candidate, or solicit any person to make any such expenditures,
  for the purpose of evading the contribution limitations of this article,
  shall be guilty of a class E felony.
    7. ANY PERSON WHO, UNDER CIRCUMSTANCES EVINCING AN INTENT  TO  VIOLATE
  THIS  ARTICLE, ESTABLISHES A PARTNERSHIP FOR THE SOLE PURPOSE OF EVADING
  THE CONTRIBUTION LIMITS THAT WOULD OTHERWISE APPLY TO THAT INDIVIDUAL IN
  VIOLATION OF SUBDIVISION TWO OF SECTION 14-120 OF THIS ARTICLE SHALL  BE
  SUBJECT  TO A CIVIL PENALTY EQUAL TO TWO TIMES THE AMOUNT CONTRIBUTED BY
  THE PARTNERSHIP IN EXCESS OF THE CONTRIBUTION LIMITS THAT  WOULD  OTHER-
  WISE APPLY TO THAT INDIVIDUAL PLUS A FINE OF UP TO TEN THOUSAND DOLLARS,
  TO  BE RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT
  BY THE STATE BOARD OF ELECTIONS.
    8. ANY PERSON WHO, UNDER CIRCUMSTANCES EVINCING AN INTENT  TO  VIOLATE
  THIS  ARTICLE,  ESTABLISHES  A  LIMITED  LIABILITY  COMPANY FOR THE SOLE
  PURPOSE OF EVADING THE CONTRIBUTION LIMITS THAT WOULD OTHERWISE APPLY TO
  THAT INDIVIDUAL IN VIOLATION OF SECTION 14-120 OF THIS ARTICLE SHALL  BE
  SUBJECT  TO A CIVIL PENALTY EQUAL TO TWO TIMES THE AMOUNT CONTRIBUTED BY
  THE LIMITED LIABILITY COMPANY IN EXCESS OF THE CONTRIBUTION LIMITS  THAT
  WOULD  OTHERWISE APPLY TO THAT INDIVIDUAL PLUS A FINE OF UP TO TEN THOU-
  SAND DOLLARS, TO BE RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL  ACTION
  TO BE BROUGHT BY THE STATE BOARD OF ELECTIONS.
    S  2.  This  act  shall take effect on the sixtieth day after it shall
  have become a law.