Bill Text: NY A01794 | 2023-2024 | General Assembly | Introduced


Bill Title: Relates to campaign contribution limits on corporations; provides that all controlled corporations (subsidiaries) as defined by the IRS code shall be considered one corporation for the purposes of contribution limits; requires the treasurer of a political committee, other than a party committee, to identify and disclose the economic or other special interests of a majority of its contributors and/or organizers and the identity of any common employer or organizer.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to election law [A01794 Detail]

Download: New_York-2023-A01794-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1794

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

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

        AN  ACT  to amend the election law, in relation to the classification of
          certain components of a controlled group of corporations as  a  single
          entity  for purposes of calculating contribution limits, and requiring
          the identification of the interests of certain contributors

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

     1    Section  1.  Subdivision  2  of section 14-116 of the election law, as
     2  amended by chapter 4 of the laws of 2019, is amended to read as follows:
     3    2. Notwithstanding the provisions of subdivision one of this  section,
     4  any  corporation or an organization financially supported in whole or in
     5  part, by such corporation, any limited liability company or other corpo-
     6  rate entity may make expenditures, including contributions,  not  other-
     7  wise  prohibited  by  law,  for  political purposes, in an amount not to
     8  exceed five thousand dollars in the  aggregate  in  any  calendar  year;
     9  provided  that  no  public  utility shall use revenues received from the
    10  rendition of public service within the state for contributions for poli-
    11  tical purposes unless such cost is charged to the shareholders of such a
    12  public service corporation.  For the purposes of this  subdivision,  all
    13  the  component  members of a controlled group of corporations within the
    14  meaning of section one thousand five hundred sixty-three of the Internal
    15  Revenue Code of the United States shall be deemed to be one corporation.
    16    § 2. Subdivision 1 of section 14-118 of the election law,  as  amended
    17  by section 9 of part A of chapter 286 of the laws of 2016, is amended to
    18  read as follows:
    19    1.  Every political committee shall have a treasurer and a depository,
    20  and shall cause the treasurer to keep detailed, bound  accounts  of  all
    21  receipts, transfers, loans, liabilities, contributions and expenditures,
    22  made  by  the committee or any of its officers, members or agents acting
    23  under its authority or  in  its  behalf.  All  such  accounts  shall  be

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01022-01-3

        A. 1794                             2

     1  retained  by a treasurer for a period of five years from the date of the
     2  filing of the final statement with  respect  to  the  election,  primary
     3  election  or  convention  to  which  they pertain. No officer, member or
     4  agent  of any political committee shall receive any receipt, transfer or
     5  contribution, or make any expenditure or incur any liability  until  the
     6  committee  shall  have chosen a treasurer and depository and filed their
     7  names in accordance with this subdivision. There shall be filed  in  the
     8  office  in  which the committee is required to file its statements under
     9  section 14-110 of this article, within five days after the choice  of  a
    10  treasurer and depository, a statement giving the name and address of the
    11  treasurer  chosen, the name and address of any person authorized to sign
    12  checks by such treasurer, the name and address of the depository  chosen
    13  and  the  candidate  or  candidates  or ballot proposal or proposals the
    14  success or defeat of which  the  committee  is  to  aid  or  take  part;
    15  provided,  however,  that  such  statement  shall  not  be required of a
    16  constituted committee and  provided  further  that  a  political  action
    17  committee  which  makes  no  expenditures,  to  aid  or take part in the
    18  election or defeat of a candidate, other than in the  form  of  contrib-
    19  utions,  shall not be required to list the candidates being supported or
    20  opposed by such committee and shall also disclose the name and  employer
    21  for  any  individual  who  exerts operational control over the political
    22  action committee as well as  any  salaried  employee  of  the  political
    23  action  committee.    Such  a  statement from any committee other than a
    24  party or authorized committee also shall clearly identify  the  economic
    25  or  other  special  interest,  if  identifiable,  of  a  majority of its
    26  contributors, and if a majority  of  its  contributors  share  a  common
    27  employer,  shall identify the employer. If the economic or other special
    28  interest or common employer are not identifiable, such  statement  of  a
    29  multi-candidate  committee  shall clearly identify the economic or other
    30  special interest, if identifiable, of a majority of its organizers,  and
    31  if  a majority of its organizers share a common employer, shall identify
    32  the employer, and if organized, controlled or maintained by an  individ-
    33  ual,  shall  identify that individual. Such statement shall be signed by
    34  the treasurer and all other  persons  authorized  to  sign  checks.  Any
    35  change  in  the information required in any statement shall be reported,
    36  in an amended statement filed in the same manner and in the same  office
    37  as an original statement filed under this section, within two days after
    38  it  occurs,  except  that  any change to the mailing address on any such
    39  statement filed at the state board may also be made in any manner deemed
    40  acceptable by the state board. Only a banking organization authorized to
    41  do business in this state may be designated a depository hereunder.
    42    § 3. This act shall take effect immediately.
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