NY State Senate Bill 2017-S1552

Senate Bill S1552

2017-2018 Legislative Session

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

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to elections
Jan 10, 2017	referred to elections

2017-S1552 (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 2015-2016 Legislative Session:: S5042

2017-S1552 (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.

2017-S1552 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1552

 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
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.

Section 2 of the amends subdivisions 4 and 5 of section 6201 of the
civil practice law and adds a new subdivision 6 which clarifies that a
municipality may attach a lien to collect money judgments against the
candidate's bank account or the bank account of any political
committee formed by such candidate.

Section 3 of the bill sets forth an immediate effective date.

 JUSTIFICATION :

New York State currently imposes personal liability on candidates for
elective office for violations of the state Election Law. However, it
does not explicitly provide for the same personal liability on
candidates for violations of other state or municipal laws or
regulations that arise as a direct result of campaign activities.

One area where this arises is when candidates or their political
committees violate "posting" laws such as those that exist in the city
of New York. New York City Administrative Code § 10-119 prohibits the
posting, attaching or affixing of any "handbill, poster, notice, sign,
advertisement, sticker or other printed material" upon any public
property including trees, lampposts, telephone poles, public utility
poles, traffic signs, etc., and imposes up to a $75 fine for every
such posting.

Since it is the nature of political campaigns to expend all of their
available funds during an election, it is extremely difficult for the
state or a municipality to collect upon judgments against a political
campaign committee for judgments issued as a result of violations of
state or municipal law. While most candidates will take responsibility
and pay lawfully imposed fines, there are those that refuse to take
responsibility both in their flagrant violation of state or municipal
laws and their defiance in refusing to pay subsequent fines for this
unlawful conduct.

This legislation is necessary to ensure that candidates for elective
office are held responsible not only for their violation of specific
state election laws but also for violations of all other state and
municipal laws that arise directly as a result of campaign activities.

Given the recent scandals involving elected officials in New York
state and local governments, it is imperative that we restore the
public's trust in our elected officials. This must start at the very
beginning of a candidate's entrance into a race for elective office
where they will be held personally accountable for their actions and
actions taken on their behalf by their campaign committees.

 PRIOR LEGISLATIVE HISTORY :

2015-16: S.5042

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This legislation shall take effect immediately.

2017-S1552 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1552
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 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.
   § 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.
   §  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.

                                                            LBD01000-01-7

 S. 1552                             2
 
 full  faith  and  credit in this state, or on a judgment which qualifies
 for recognition under the provisions of article 53[.]; OR
   6.  THE  ACTION  IS  BROUGHT BY A MUNICIPALITY AGAINST A CANDIDATE, AS
 DEFINED BY SUBDIVISION SEVEN OF SECTION  14-100  OF  THE  ELECTION  LAW,
 SEEKING TO COLLECT ON MONEY JUDGMENTS ISSUED DUE TO VIOLATIONS OF MUNIC-
 IPAL  LAW  PROVIDED,  HOWEVER,  THAT  SUCH ATTACHMENT MAY BE ISSUED ONLY
 AGAINST THE CANDIDATE'S BANK ACCOUNT OR THE BANK ACCOUNT  OF  ANY  POLI-
 TICAL COMMITTEE FORMED BY SUCH CANDIDATE.
   § 3. This act shall take effect immediately.

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