NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7392
SPONSOR: Simon TITLE OF BILL: An act to amend the election law, in relation to
monies received and expenditures made by a party committee or consti-
tuted committee
PURPOSE OR GENERAL IDEA OF BILL:
To prevent contributions made to party "housekeeping" accounts from
being used for unintended purposes.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivision 3 of § 14-124 of the election law to
prohibit the use of funds designated for a party committee to maintain a
permanent headquarters, staff, and carrying out ordinary activities
(housekeeping) from being used to support OR oppose a candidate. Addi-
tionally, such funds shall be required to be kept in a segregated
account intended explicitly for such purposes and may not be transferred
or contributed to another account unless such account is also segregated
and intended for housekeeping purposes. Such funds also may not be used
for any communication that references the name, likeness, or voice of
any clearly identified candidate or elected official.
Section two of this bill is the effective date (immediately).
JUSTIFICATION:
Subdivision 3 of § 14-124 of the election law provides that unlimited
contributions may be made to so-called "housekeeping" accounts, which
are campaign accounts established for the maintenance of a permanent
headquarters, staff, and ordinary activities. Currently, such funds
cannot be used to promote a candidate. However, the law remains silent
with regard to opposition to a candidate. Additionally the law is silent
in regard to whether such monies can be transferred or contributed to
other campaign accounts.
This bill would provide clarification that such funds must be kept in
segregated accounts intended only for the lawfully intended purposes.
FISCAL IMPLICATIONS TO THE STATE:
None.
LEGISLATIVE HISTORY:
New bill
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7392
2015-2016 Regular Sessions
IN ASSEMBLY
May 8, 2015
___________
Introduced by M. of A. SIMON -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to monies received and
expenditures made by a party committee or constituted committee
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 14-124 of the election law, as
2 amended by chapter 71 of the laws of 1988, is amended to read as
3 follows:
4 3. The contribution and receipt limits of this article shall not apply
5 to monies received and expenditures made by a party committee or consti-
6 tuted committee to maintain a permanent headquarters and staff and carry
7 on ordinary activities which are not for the express purpose of promot-
8 ing or opposing the candidacy of specific candidates. Provided that
9 such monies described in this subdivision shall be kept in a segregated
10 account and shall not be transferred or contributed, unless such trans-
11 fer or contribution is to the segregated account of another party
12 committee or constituted committee to be used only for non-candidate
13 expenditures. Provided, further, that such monies may not be used to pay
14 for any political communication that includes or references the name,
15 likeness or voice of any clearly identified candidate or elected offi-
16 cial.
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10662-01-5
