A02736 Summary:

BILL NOA02736C
 
SAME ASNo Same As
 
SPONSORKavanagh
 
COSPNSR
 
MLTSPNSR
 
Amd 14-102 & 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 NOA02736C
 
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
05/11/2016amend and recommit to election law
05/11/2016print number 2736c
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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: A2736C
 
SPONSOR: Kavanagh
  TITLE OF BILL: An act to amend the election law, in relation to requiring additional transferor and contributor identification informa- tion 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. The date corre- sponds with the beginning of the period for disclosure reports set by the Board of Elections for the July 2017 filing.   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: 2015: A02736B (Kavanagh) - Election Law 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 January 14, 2017, provided that section one of this act shall apply to any contribution received on or after January 14, 2017; and, provided further, however, that contrib- utions legally received prior to the effective date of this act may be retained and expended for lawful purposes and shall not provide the basis for a violation of article 14 of the election law, as amended by this act; and provided, further, that effective immediately the state board of elections is authorized and directed to promulgate any rules necessary to implement the provisions of this act and shall notify all candidates and political committees of the applicable provisions of this act on or before such effective date.
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A02736 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2736--C
 
                               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  --  recommitted  to  the
          Committee  on  Election Law in accordance with Assembly Rule 3, sec. 2
          -- committee discharged, bill amended, 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04516-04-6

        A. 2736--C                          2
 
     1  committee, and if the transferor, contributor or  person  is  a  natural
     2  person  whose  contributions equal or exceed five hundred dollars in the
     3  aggregate, his or her occupation, employer, and employer's address,  and
     4  the  date of its receipt[,]; the dollar amount of every expenditure, the
     5  name and address of the person to whom it was made or the  name  of  and
     6  the political unit represented by the committee to which it was made and
     7  the  date  thereof, and shall state clearly the purpose of such expendi-
     8  ture.  Any statement reporting a loan shall have attached to it  a  copy
     9  of  the  evidence  of  indebtedness.  Expenditures  in  sums under fifty
    10  dollars need not be specifically accounted for by separate items in said
    11  statements, and receipts and contributions  aggregating  not  more  than
    12  ninety-nine  dollars,  from any one contributor need not be specifically
    13  accounted for by separate items in said  statements,  provided  however,
    14  that  such  expenditures, receipts and contributions shall be subject to
    15  the other provisions of section 14-118 of this article.
    16    § 2. Subdivision 6 of section 14-108 of the election law,  as  amended
    17  by  chapter  323 of the laws of 1977 and as redesignated by chapter 9 of
    18  the laws of 1978, is amended to read as follows:
    19     6.  A statement shall be deemed properly filed when deposited  in  an
    20  established post-office within the prescribed time, duly stamped, certi-
    21  fied  and  directed  to the officer with whom or to the board with which
    22  the statement is required to be filed,  but  in  the  event  it  is  not
    23  received,  a  duplicate  of  such statement shall be promptly filed upon
    24  notice by such officer or such board of its non-receipt. All  statements
    25  required  to  be  filed in the fifteen days before any election shall be
    26  filed in person or sent by express mail or electronic mail.
    27    § 3.   This act shall take effect  January  14,  2017,  provided  that
    28  section  one  of this act shall apply to any contribution received on or
    29  after January 14, 2017; and provided  further,  however,  that  contrib-
    30  utions  legally  received prior to the effective date of this act may be
    31  retained and expended for lawful purposes  and  shall  not  provide  the
    32  basis  for  a violation of article 14 of the election law, as amended by
    33  this act; and provided, further, that effective  immediately  the  state
    34  board  of  elections  is authorized and directed to promulgate any rules
    35  necessary to implement the provisions of this act and shall  notify  all
    36  candidates and political committees of the applicable provisions of this
    37  act on or before such effective date.
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