Bill Text: NY A04993 | 2021-2022 | General Assembly | Introduced


Bill Title: Prohibits contributions by executive appointees to the governor who appointed them.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to election law [A04993 Detail]

Download: New_York-2021-A04993-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4993

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 10, 2021
                                       ___________

        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on Election Law

        AN ACT to amend the election law, in relation to contributions by execu-
          tive appointees

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The election law is amended by adding a new section  14-131
     2  to read as follows:
     3    §  14-131. Contributions by executive appointees. 1. (a) No individual
     4  appointed by the governor, including but not limited  to  appointees  to
     5  any commission, board, council, panel, or public authority, shall make a
     6  monetary  contribution  to the campaign of such governor or to any poli-
     7  tical campaign committee organized by or for  the  specific  benefit  of
     8  such governor.
     9    (b)  Such  prohibition  shall apply to any contributions occurring one
    10  year prior to, during the term of, and one year following  the  term  of
    11  his or her appointment.
    12    (c)  Such  prohibition  shall  also  apply  to  anyone residing in the
    13  appointee's household including, but not limited to, a spouse,  domestic
    14  partner, or child.
    15    2.  Before  an  individual is appointed by the governor, the appointee
    16  shall identify any  contributions  made  to  such  governor  within  the
    17  twelve-month  period  immediately  prior to the date of appointment, and
    18  such governor shall refund the entire amount of any such contribution.
    19    3. No appointee shall request or demand that any other person make  or
    20  offer to make any monetary contribution to the campaign of such governor
    21  or  to any political campaign committee organized by or for the specific
    22  benefit of such governor.
    23    4. Such prohibition shall apply regardless of the method  of  removing
    24  such  appointee  from  office,  or  regardless of any requirement on the
    25  appointee to file a statement of financial disclosure.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09012-01-1

        A. 4993                             2

     1    § 2. Section 14-126 of the election law is amended  by  adding  a  new
     2  subdivision 8 to read as follows:
     3    8.  (a)  Any  person  who,  under  circumstances evincing an intent to
     4  violate such law, makes or receives a contribution in  contravention  of
     5  section  14-131  of this article shall be subject to a civil penalty not
     6  to exceed the greater of ten thousand dollars or an amount equal to  two
     7  hundred percent of the contribution.
     8    (b)  Any person who, acting as or on behalf of an officeholder, candi-
     9  date, or political committee,  accepts  a  contribution  or  receives  a
    10  transfer  in  contravention  of  section 14-131 of this article shall be
    11  required to refund such contribution.
    12    § 3. This act shall take effect on the one hundred eightieth day after
    13  it shall have become a law.
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