Bill Text: NY A01926 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to political contributions by limited liability companies.
Spectrum: Partisan Bill (Democrat 53-0)
Status: (Engrossed - Dead) 2017-06-12 - REFERRED TO RULES [A01926 Detail]
Download: New_York-2017-A01926-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1926 2017-2018 Regular Sessions IN ASSEMBLY January 17, 2017 ___________ Introduced by M. of A. KAVANAGH, SIMON, ZEBROWSKI, CAHILL, M. G. MILLER, GOTTFRIED, JAFFEE, GALEF, ABINANTI, WOERNER, BUCHWALD, COLTON, MAGNAR- ELLI, MAYER, MOSLEY, SANTABARBARA, SKOUFIS, COOK, BRONSON, ROSENTHAL, RYAN, BARRETT, FAHY, JENNE, STECK, ROZIC, SIMOTAS, ORTIZ, BLAKE, QUART, DINOWITZ, PEOPLES-STOKES, LIFTON, CUSICK, TITONE, HUNTER, STIRPE, JEAN-PIERRE, O'DONNELL, PAULIN, SOLAGES -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT, FARRELL, GLICK, LUPARDO, LUPINACCI, MAGEE, McDONALD, SCHIMMINGER, SEAWRIGHT, THIELE -- read once and referred to the Committee on Election Law AN ACT to amend the election law, in relation to political contributions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 14-116 of the election law, subdivision 1 as redes- 2 ignated by chapter 9 of the laws of 1978 and subdivision 2 as amended by 3 chapter 260 of the laws of 1981, is amended to read as follows: 4 § 14-116. Political contributions by certain organizations. 1. No 5 corporation [or], limited liability company, joint-stock association or 6 other corporate entity doing business in this state, except a corpo- 7 ration or association organized or maintained for political purposes 8 only, shall directly or indirectly pay or use or offer, consent or agree 9 to pay or use any money or property for or in aid of any political 10 party, committee or organization, or for, or in aid of, any corporation, 11 limited liability company, joint-stock [or], other association, or other 12 corporate entity organized or maintained for political purposes, or for, 13 or in aid of, any candidate for political office or for nomination for 14 such office, or for any political purpose whatever, or for the 15 reimbursement or indemnification of any person for moneys or property so 16 used. Any officer, director, stock-holder, member, owner, attorney or 17 agent of any corporation [or], limited liability company, joint-stock 18 association or other corporate entity which violates any of the 19 provisions of this section, who participates in, aids, abets or advises EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00443-01-7A. 1926 2 1 or consents to any such violations, and any person who solicits or know- 2 ingly receives any money or property in violation of this section, shall 3 be guilty of a misdemeanor. 4 2. Notwithstanding the provisions of subdivision one of this section, 5 any corporation or an organization financially supported in whole or in 6 part, by such corporation, any limited liability company or other corpo- 7 rate entity may make expenditures, including contributions, not other- 8 wise prohibited by law, for political purposes, in an amount not to 9 exceed five thousand dollars in the aggregate in any calendar year; 10 provided that no public utility shall use revenues received from the 11 rendition of public service within the state for contributions for poli- 12 tical purposes unless such cost is charged to the shareholders of such a 13 public service corporation. 14 3. Each limited liability company that makes an expenditure for poli- 15 tical purposes shall file with the state board of elections, by December 16 thirty-first of the year in which the expenditure is made, on the form 17 prescribed by the state board of elections, the identity of all direct 18 and indirect owners of the membership interests in the limited liability 19 company and the proportion of each direct or indirect member's ownership 20 interest in the limited liability company. 21 § 2. Section 14-120 of the election law is amended by adding a new 22 subdivision 3 to read as follows: 23 3. (a) Notwithstanding any law to the contrary, all contributions made 24 to a campaign or political committee by a limited liability company 25 shall be attributed to each member of the limited liability company in 26 proportion to the member's ownership interest in the limited liability 27 company. 28 (b) If, by application of paragraph (a) of this subdivision, a 29 campaign contribution is attributed to a limited liability company, the 30 contributions shall be further attributed to each member of the limited 31 liability company in proportion to the member's ownership interest in 32 the limited liability company. 33 (c) The state board of elections shall enact regulations that prevent 34 the avoidance of the rules set forth in paragraphs (a) and (b) of this 35 subdivision. 36 § 3. This act shall take effect immediately.