Bill Text: NY A09758 | 2017-2018 | General Assembly | Amended

New York Assembly Bill 9758 (Prior Session Legislation)

Bill Title: Relates to political contributions by limited liability companies; requires limited liability companies that make expenditures for a political purpose to file with the state board of elections, the identity of all direct and indirect owners of the membership interests in the limited liability company and the proportion of each direct or indirect member's ownership interest in the limited liability company.

Spectrum: Partisan Bill (Democrat 40-1)

Status: (Engrossed - Dead) 2018-04-17 - REFERRED TO ELECTIONS [A09758 Detail]

Download: New_York-2017-A09758-Amended.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                         9758--A
                   IN ASSEMBLY
                                    February 5, 2018
                                       ___________
        Introduced  by M. of A. SIMON -- read once and referred to the Committee
          on  Election  Law  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
        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
    20  or consents to any such violations, and any person who solicits or know-
    21  ingly receives any money or property in violation of this section, shall
    22  be guilty of a misdemeanor.
    23    2.  Notwithstanding the provisions of subdivision one of this section,
    24  any corporation or an organization financially supported in whole or  in
    25  part, by such corporation, any limited liability company or other corpo-
    26  rate  entity  may make expenditures, including contributions, not other-
    27  wise prohibited by law, for political purposes,  in  an  amount  not  to
    28  exceed  five  thousand  dollars  in  the aggregate in any calendar year;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00443-03-8

        A. 9758--A                          2
     1  provided that no public utility shall use  revenues  received  from  the
     2  rendition of public service within the state for contributions for poli-
     3  tical purposes unless such cost is charged to the shareholders of such a
     4  public service corporation.
     5    3.  Each limited liability company that makes an expenditure for poli-
     6  tical purposes shall file with the state board of elections, by December
     7  thirty-first of the year in which the expenditure is made, on  the  form
     8  prescribed  by  the state board of elections, the identity of all direct
     9  and indirect owners of the membership interests in the limited liability
    10  company and the proportion of each direct or indirect member's ownership
    11  interest in the limited liability company.
    12    § 2. Section 14-120 of the election law is amended  by  adding  a  new
    13  subdivision 3 to read as follows:
    14    3. (a) Notwithstanding any law to the contrary, all contributions made
    15  to  a  campaign  or  political  committee by a limited liability company
    16  shall be attributed to each member of the limited liability  company  in
    17  proportion  to  the member's ownership interest in the limited liability
    18  company.
    19    (b) If, by  application  of  paragraph  (a)  of  this  subdivision,  a
    20  campaign  contribution is attributed to a limited liability company, the
    21  contributions shall be further attributed to each member of the  limited
    22  liability  company  in  proportion to the member's ownership interest in
    23  the limited liability company.
    24    (c) The state board of elections shall enact regulations that  prevent
    25  the  avoidance  of the rules set forth in paragraphs (a) and (b) of this
    26  subdivision.
    27    § 3. This act shall take effect on the seventh day after it shall have
    28  become a law.