Bill Text: NY S01085 | 2017-2018 | General Assembly | Amended


Bill Title: Relates to campaign contributions by intermediaries.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2018-02-06 - PRINT NUMBER 1085C [S01085 Detail]

Download: New_York-2017-S01085-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         1085--C
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 6, 2017
                                       ___________
        Introduced  by Sens. RIVERA, ADDABBO, GIANARIS, KENNEDY, SERRANO, STAVI-
          SKY -- read twice and ordered printed, and when printed to be  commit-
          ted  to  the  Committee  on  Elections  --  committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  recommitted  to the Committee on Elections in accordance with
          Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN ACT to amend the election law, in relation to campaign  contributions
          by intermediaries
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 14-100 of the election law is amended by  adding  a
     2  new subdivision 17 to read as follows:
     3    17.  "intermediary"  means  an  individual,  corporation, partnership,
     4  political committee, labor organization, or other  entity  which,  other
     5  than in the regular course of business as a postal, delivery, or messen-
     6  ger  service, delivers any contribution from another person or entity to
     7  a candidate or an authorized committee.
     8    "Intermediary"  shall  not  include  spouses,  parents,  children,  or
     9  siblings of the person making such contribution.
    10    §  2.  Subdivision 1 of section 14-102 of the election law, as amended
    11  by chapter 8 and as redesignated by chapter 9 of the laws  of  1978,  is
    12  amended to read as follows:
    13    1.  The  treasurer of every political committee which, or any officer,
    14  member or agent of any  such  committee  who,  in  connection  with  any
    15  election,  receives  or  expends  any  money  or other valuable thing or
    16  incurs any liability to pay money or its equivalent  shall  file  state-
    17  ments  sworn,  or subscribed and bearing a form notice that false state-
    18  ments made therein are punishable as a class A misdemeanor  pursuant  to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02086-05-8

        S. 1085--C                          2
     1  section 210.45 of the penal law, at the times prescribed by this article
     2  setting forth all the receipts, contributions to and the expenditures by
     3  and  liabilities  of  the  committee,  and  of its officers, members and
     4  agents in its behalf. Such statements shall include the dollar amount of
     5  any  receipt,  contribution or transfer, or the fair market value of any
     6  receipt, contribution or transfer, which is other  than  of  money,  the
     7  name and address of the transferor, contributor, intermediary, or person
     8  from whom received, and if the transferor, contributor, intermediary, or
     9  person  is  a  political  committee;  the name of and the political unit
    10  represented by the committee, the date of its receipt, the dollar amount
    11  of every expenditure, the name and address of the person to whom it  was
    12  made  or the name of and the political unit represented by the committee
    13  to which it was made and the date thereof, and shall state  clearly  the
    14  purpose  of such expenditure. An intermediary need not be reported for a
    15  contribution that was collected from a contributor in connection with  a
    16  party  or  other  candidate-related  event  held at the residence of the
    17  person delivering the contribution, unless the expenses of such event at
    18  such residence for such candidate exceed five  hundred  dollars  or  the
    19  aggregate  contributions  received  from  that contributor at such event
    20  exceed five hundred dollars. Any statement reporting a loan  shall  have
    21  attached  to  it a copy of the evidence of indebtedness. Expenditures in
    22  sums under fifty dollars need not be specifically accounted for by sepa-
    23  rate items in said statements, and receipts and contributions  aggregat-
    24  ing not more than ninety-nine dollars, from any one contributor need not
    25  be  specifically  accounted  for  by  separate items in said statements,
    26  provided however, that such  expenditures,  receipts  and  contributions
    27  shall be subject to the other provisions of section 14-118 of this arti-
    28  cle.
    29    §  3.    This  act  shall  take effect January 12, 2019, provided that
    30  section one of this act shall apply to any contribution received  on  or
    31  after  such  effective  date;  and  provided further, that contributions
    32  legally received prior to the effective date of this act may be retained
    33  and expended for lawful purposes and shall not provide the basis  for  a
    34  violation of article 14 of the election law, as amended by this act; and
    35  provided,  further,  that  effective  immediately  the  state  board  of
    36  elections is authorized and directed to promulgate any  rules  necessary
    37  to  implement the provisions of this act on its effective date and shall
    38  notify  all  candidates  and  political  committees  of  the  applicable
    39  provisions of this act on or before such effective date.
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