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A00776 Summary:

BILL NOA00776
 
SAME ASSAME AS UNI. S01101
 
SPONSORSimon (MS)
 
COSPNSRLavine, Heastie, Buchwald, Miller MG, Thiele, Ortiz, Niou, Fahy, Dinowitz, Gottfried, Santabarbara, Glick, Seawright, Magnarelli, D'Urso, Montesano, Arroyo, Mosley, Cahill, Zebrowski, Abinanti, Barnwell, Blake, Carroll, Barron, Taylor, Galef, Lupardo, Steck, Rosenthal L, Wallace, Rozic, Ryan, Jaffee, Burke, Cruz, Eichenstein, Epstein, Fall, Frontus, Griffin, Jacobson, Lifton, McMahon, Otis, Reyes, Weinstein, Bronson, DenDekker, Romeo, Gantt, Lentol, De La Rosa, Fernandez, Rosenthal D, Stern, Ramos, Simotas, Hunter, Vanel, Kim, Weprin
 
MLTSPNSRCook, Englebright, Nolan, Perry, Sayegh
 
Amd §§14-116 & 14-120, El L
 
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.
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A00776 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 1101                                                   A. 776
 
                               2019-2020 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    January 10, 2019
                                       ___________
 
        IN  SENATE  --  Introduced by Sens. KAVANAGH, ADDABBO, BAILEY, BENJAMIN,
          BIAGGI,  BRESLIN,  BROOKS,  CARLUCCI,  COMRIE,   GAUGHRAN,   GIANARIS,
          GOUNARDES,  HARCKHAM,  HOYLMAN,  JACKSON,  KAMINSKY,  KAPLAN, KENNEDY,
          KRUEGER, LIU, MARTINEZ, MAY, MAYER, METZGER, MONTGOMERY, MYRIE,  PARK-
          ER,  PERSAUD,  RAMOS,  RIVERA,  SALAZAR,  SANDERS,  SAVINO, SEPULVEDA,
          SERRANO, SKOUFIS, STAVISKY, STEWART-COUSINS, THOMAS -- read twice  and
          ordered  printed, and when printed to be committed to the Committee on
          Elections
 
        IN ASSEMBLY -- Introduced by M. of A. SIMON, LAVINE, HEASTIE,  BUCHWALD,
          M. G. MILLER,  THIELE,  ORTIZ, NIOU, FAHY, DINOWITZ, GOTTFRIED, SANTA-
          BARBARA, GLICK,  SEAWRIGHT,  MAGNARELLI,  D'URSO,  MONTESANO,  ARROYO,
          MOSLEY, CAHILL, ZEBROWSKI, ABINANTI, BARNWELL, BLAKE, CARROLL, BARRON,
          TAYLOR,  GALEF,  LUPARDO,  STECK,  L. ROSENTHAL, WALLACE, ROZIC, RYAN,
          JAFFEE, BURKE, CRUZ, EICHENSTEIN,  EPSTEIN,  FALL,  FRONTUS,  GRIFFIN,
          JACOBSON,  LIFTON,  McMAHON, OTIS, REYES, WEINSTEIN -- Multi-Sponsored
          by -- M. of A. COOK, ENGLEBRIGHT -- 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,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01804-02-9

        S. 1101                             2                             A. 776
 
     1  limited liability company, joint-stock [or], other association, or other
     2  corporate entity organized or maintained for political purposes, or for,
     3  or  in  aid of, any candidate for political office or for nomination for
     4  such  office,  or  for  any  political  purpose  whatever,  or  for  the
     5  reimbursement or indemnification of any person for moneys or property so
     6  used. Any officer, director, stock-holder, member,  owner,  attorney  or
     7  agent  of  any  corporation [or], limited liability company, joint-stock
     8  association  or  other  corporate  entity  which  violates  any  of  the
     9  provisions  of this section, who participates in, aids, abets or advises
    10  or consents to any such violations, and any person who solicits or know-
    11  ingly receives any money or property in violation of this section, shall
    12  be guilty of a misdemeanor.
    13    2. Notwithstanding the provisions of subdivision one of this  section,
    14  any  corporation or an organization financially supported in whole or in
    15  part, by such corporation, any limited liability company or other corpo-
    16  rate entity may make expenditures, including contributions,  not  other-
    17  wise  prohibited  by  law,  for  political purposes, in an amount not to
    18  exceed five thousand dollars in the  aggregate  in  any  calendar  year;
    19  provided  that  no  public  utility shall use revenues received from the
    20  rendition of public service within the state for contributions for poli-
    21  tical purposes unless such cost is charged to the shareholders of such a
    22  public service corporation.
    23    3. Each limited  liability  company  that  makes  an  expenditure,  or
    24  contribution,  for political purposes shall file with the state board of
    25  elections, by December thirty-first of the year in which the expenditure
    26  is made, on the form prescribed by the state  board  of  elections,  the
    27  identity  of  all direct and indirect owners of the membership interests
    28  in the limited liability company and the proportion of  each  direct  or
    29  indirect member's ownership interest in the limited liability company.
    30    §  2.  Section  14-120  of the election law is amended by adding a new
    31  subdivision 3 to read as follows:
    32    3. (a) Notwithstanding any law to the contrary, all contributions made
    33  to a campaign or political committee  by  a  limited  liability  company
    34  shall  be  attributed to each member of the limited liability company in
    35  proportion to the member's ownership interest in the  limited  liability
    36  company.
    37    (b)  If,  by  application  of  paragraph  (a)  of  this subdivision, a
    38  campaign contribution is attributed to a limited liability company,  the
    39  contributions  shall be further attributed to each member of the limited
    40  liability company in proportion to the member's  ownership  interest  in
    41  the limited liability company.
    42    (c)  The state board of elections shall enact regulations that prevent
    43  the avoidance of the rules set forth in paragraphs (a) and (b)  of  this
    44  subdivision.
    45    § 3. This act shall take effect on the seventh day after it shall have
    46  become a law.
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