Bill Text: NY S07022 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to political contributions by limited liability companies.
Spectrum: Partisan Bill (Democrat 20-0)
Status: (Introduced - Dead) 2018-01-08 - RECOMMIT, ENACTING CLAUSE STRICKEN [S07022 Detail]
Download: New_York-2017-S07022-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7022 IN SENATE (Prefiled) January 3, 2018 ___________ Introduced by Sens. RIVERA, ADDABBO, AVELLA, BRESLIN, BROOKS, COMRIE, DILAN, GIANARIS, HAMILTON, HOYLMAN, KAMINSKY, KAVANAGH, KRUEGER, MONT- GOMERY, PARKER, PERALTA, PERSAUD, SERRANO, STAVISKY, STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Elections 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- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00443-01-7S. 7022 2 1 rate entity may make expenditures, including contributions, not other- 2 wise prohibited by law, for political purposes, in an amount not to 3 exceed five thousand dollars in the aggregate in any calendar year; 4 provided that no public utility shall use revenues received from the 5 rendition of public service within the state for contributions for poli- 6 tical purposes unless such cost is charged to the shareholders of such a 7 public service corporation. 8 3. Each limited liability company that makes an expenditure for poli- 9 tical purposes shall file with the state board of elections, by December 10 thirty-first of the year in which the expenditure is made, on the form 11 prescribed by the state board of elections, the identity of all direct 12 and indirect owners of the membership interests in the limited liability 13 company and the proportion of each direct or indirect member's ownership 14 interest in the limited liability company. 15 § 2. Section 14-120 of the election law is amended by adding a new 16 subdivision 3 to read as follows: 17 3. (a) Notwithstanding any law to the contrary, all contributions made 18 to a campaign or political committee by a limited liability company 19 shall be attributed to each member of the limited liability company in 20 proportion to the member's ownership interest in the limited liability 21 company. 22 (b) If, by application of paragraph (a) of this subdivision, a 23 campaign contribution is attributed to a limited liability company, the 24 contributions shall be further attributed to each member of the limited 25 liability company in proportion to the member's ownership interest in 26 the limited liability company. 27 (c) The state board of elections shall enact regulations that prevent 28 the avoidance of the rules set forth in paragraphs (a) and (b) of this 29 subdivision. 30 § 3. This act shall take effect immediately.