A02736 Summary:

BILL NOA02736B
 
SAME ASNo Same As
 
SPONSORKavanagh
 
COSPNSR
 
MLTSPNSR
 
Amd SS14-102 & 14-108, El L
 
Requires the filing of additional transferor and contributor identification information in campaign receipt and expenditure statements, including the occupation, employer and employer's address in the case of a natural person.
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A02736 Actions:

BILL NOA02736B
 
01/20/2015referred to election law
05/27/2015amend and recommit to election law
05/27/2015print number 2736a
06/08/2015amend and recommit to election law
06/08/2015print number 2736b
01/06/2016referred to election law
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A02736 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2736B
 
SPONSOR: Kavanagh
  TITLE OF BILL: An act to amend the election law, in relation to requiring additional transferor and contributor identification information in campaign receipt and expenditure statements   PURPOSE: This bill would improve campaign finance transparency by requiring poli- tical committees to disclose the occupation, employer, and employer's address of their contributors whose contributions equal or exceed $500 in the aggregate. This bill would also assure timely disclosure by providing that any statements required to be filed during the final 15 days preceding an election be done in person or by express or electronic mail.   SUMMARY OF PROVISIONS: Section 1 of the bill would amend subdivision 1 of section 14-102 of the election law, as amended by chapter 8 of the laws of 1978 and as redes- ignated by chapter 9 of the laws of 1978, to require political commit- tees to disclose the occupation, employer, and employer's address of contributors who contribute $500 or more in the aggregate. Section 2 of the bill amends subdivision 6 of section 14-108 of the election law, as amended by chapter 323 of the laws of 1977, to require that all campaign finance disclosure filings that are required to be made during the final 15 day period prior to an election be filed in person, by express mail, or by electronic mail, to assure prompt deliv- ery and dissemination. Section 3 of the bill establishes the effective date.   JUSTIFICATION: A fundamental component of campaign finance laws is that campaign committees must disclose the identity of contributors. Requiring that significant contributors disclose their occupations and employers is necessary to ensure that contributors are adequately identified. The additional identification information required by this bill is already required by the disclosure systems that govern federal and New York City elections, and those of most states. In order to ensure the timely disclosure of campaign contributions and expenditures, current state regulations require the final pre-election campaign financial disclosure statement to be filed 11 days prior to election day. However, candidates may file their statements using regu- lar mail. Depending on where the candidates are filing from, the state- ment may take one or more days to reach the State Board of Elections in Albany. While the statement makes its way through the mail, important contributor and campaign expenditure information is unavailable to the public, opponents' campaigns, the media, and other interested parties. Section two of the bill requires that filings in the closing days before an election be made in person or by express or electronic mail. This reform will ensure prompt public disclosure and access to this important campaign funding information.   LEGISLATIVE HISTORY: 2014: A02009 (Kavanagh) - Election Law 2013: A02009 (Kavanagh) - Election Law 2012: A05857 (Kavanagh) - Rules 2011: A05857 (Kavanagh) - Election Law 2010: A04012A (Kavanagh) - Election Law 2009: A04012 (Kavanagh) - Election Law   FISCAL IMPACT ON THE STATE: None.   EFFECTIVE DATE: This act shall take effect on February 1, 2016, provided that section one of this act shall apply to any contribution received after February 1, 2016.
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A02736 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2736--B
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 20, 2015
                                       ___________
 
        Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
          tee  on  Election  Law  -- committee discharged, bill amended, ordered
          reprinted as amended  and  recommitted  to  said  committee  --  again
          reported  from  said  committee  with amendments, ordered reprinted as
          amended and recommitted to said committee
 
        AN ACT to amend the election law, in relation  to  requiring  additional
          transferor  and  contributor  identification  information  in campaign
          receipt and expenditure statements
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  1  of section 14-102 of the election law, as
     2  amended by chapter 8 of the laws of 1978 and as redesignated by  chapter
     3  9 of the laws of 1978, is amended to read as follows:
     4    1.  The  treasurer of every political committee which, or any officer,
     5  member or agent of any  such  committee  who,  in  connection  with  any
     6  election,  receives  or  expends  any  money  or other valuable thing or
     7  incurs any liability to pay money or its equivalent  shall  file  state-
     8  ments  sworn,  or subscribed and bearing a form notice that false state-
     9  ments made therein are punishable as a class A misdemeanor  pursuant  to
    10  section 210.45 of the penal law, at the times prescribed by this article
    11  setting forth all the receipts, contributions to and the expenditures by
    12  and  liabilities  of  the  committee,  and  of its officers, members and
    13  agents in its behalf. Such statements shall include the dollar amount of
    14  any receipt, contribution or transfer, or the fair market value  of  any
    15  receipt,  contribution  or  transfer,  which is other than of money, the
    16  name and address of the transferor,  contributor  or  person  from  whom
    17  received,  and  if  the transferor, contributor or person is a political
    18  committee[;], the name of and the  political  unit  represented  by  the
    19  committee,  and  if  the  transferor, contributor or person is a natural
    20  person whose contributions equal or exceed five hundred dollars  in  the
    21  aggregate,  his or her occupation, employer, and employer's address, and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04516-03-5

        A. 2736--B                          2
 
     1  the date of its receipt[,]; the dollar amount of every expenditure,  the
     2  name  and  address  of the person to whom it was made or the name of and
     3  the political unit represented by the committee to which it was made and
     4  the  date  thereof, and shall state clearly the purpose of such expendi-
     5  ture.  Any statement reporting a loan shall have attached to it  a  copy
     6  of  the  evidence  of  indebtedness.  Expenditures  in  sums under fifty
     7  dollars need not be specifically accounted for by separate items in said
     8  statements, and receipts and contributions  aggregating  not  more  than
     9  ninety-nine  dollars,  from any one contributor need not be specifically
    10  accounted for by separate items in said  statements,  provided  however,
    11  that  such  expenditures, receipts and contributions shall be subject to
    12  the other provisions of section 14-118 of this article.
    13    § 2. Subdivision 6 of section 14-108 of the election law,  as  amended
    14  by  chapter  323 of the laws of 1977 and as redesignated by chapter 9 of
    15  the laws of 1978, is amended to read as follows:
    16     6.  A statement shall be deemed properly filed when deposited  in  an
    17  established post-office within the prescribed time, duly stamped, certi-
    18  fied  and  directed  to the officer with whom or to the board with which
    19  the statement is required to be filed,  but  in  the  event  it  is  not
    20  received,  a  duplicate  of  such statement shall be promptly filed upon
    21  notice by such officer or such board of its non-receipt. All  statements
    22  required  to  be  filed in the fifteen days before any election shall be
    23  filed in person or sent by express mail or electronic mail.
    24    § 3.  This act shall take effect on February 1,  2016,  provided  that
    25  section  one  of this act shall apply to any contribution received after
    26  February 1, 2016.
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