A05880 Summary:

BILL NOA05880
 
SAME ASNo Same As
 
SPONSORKavanagh
 
COSPNSR
 
MLTSPNSR
 
Amd SS14-102, 14-108 & 3-102, El L
 
Relates to transparency and accountability in political expenditures and receipts.
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A05880 Actions:

BILL NOA05880
 
03/05/2015referred to election law
01/06/2016referred to election law
06/17/2016enacting clause stricken
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A05880 Committee Votes:

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A05880 Floor Votes:

There are no votes for this bill in this legislative session.
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A05880 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5880
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 5, 2015
                                       ___________
 
        Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
          tee on Election Law
 
        AN  ACT  to  amend the election law, in relation to requiring additional
          transferor and  contributor  identification  information  in  campaign
          receipt  and  expenditure  statements;  to  amend the election law, in
          relation to the manner of  filing  of  campaign  financial  disclosure
          statements;  and to amend the election law, in relation to prohibiting
          candidates for election to a public  office  from  accepting  contrib-
          utions from charitable organizations
 
          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 and other identification of the transferor, contrib-
    17  utor or person from whom received, and if the transferor, contributor or
    18  person  is  a  political  committee;  the name of and the political unit
    19  represented by the committee, the date of its receipt, the dollar amount
    20  of every expenditure, the name and address of the person to whom it  was
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04538-01-5

        A. 5880                             2
 
     1  made  or the name of and the political unit represented by the committee
     2  to which it was made and the date thereof, and shall state  clearly  the
     3  purpose of such expenditure.  The requirement to include other identifi-
     4  cation  shall apply only with respect to a transfer or contribution from
     5  any one transferor or contributor which either results in the  aggregate
     6  transfers  or  contributions  from  that  one  transferor or contributor
     7  exceeding the sum of ninety-nine dollars or is a  transfer  or  contrib-
     8  ution  which  occurs after such ninety-nine dollar threshold is reached.
     9  The other identification required with respect to an individual transfe-
    10  ror or contributor shall be his or her occupation, employer and  employ-
    11  er's  address.  The  other  identification  required with respect to any
    12  partnership, committee, association, corporation, labor organization  or
    13  other  organization  or  group  of  persons  shall  be its full name and
    14  address. Any statement reporting a loan shall have attached to it a copy
    15  of the evidence  of  indebtedness.  Expenditures  in  sums  under  fifty
    16  dollars need not be specifically accounted for by separate items in said
    17  statements,  and  receipts  and  contributions aggregating not more than
    18  ninety-nine dollars, from any one contributor need not  be  specifically
    19  accounted  for  by  separate items in said statements, provided however,
    20  that such expenditures, receipts and contributions shall be  subject  to
    21  the other provisions of section 14-118 of this article.
    22    §  2.  Subdivision 2 of section 14-108 of the election law, as amended
    23  by chapter 109 of the laws of 1997, is amended to read as follows:
    24    2. Each statement shall cover the  period  up  to  and  including  the
    25  fourth  day  next  preceding  the  day specified for the filing thereof;
    26  provided, however, that any contribution or loan in excess of one  thou-
    27  sand  dollars  or  any  liability  incurred  in  excess of five thousand
    28  dollars, if received or incurred after the close of  the  period  to  be
    29  covered  in  the  last  statement  filed  before any primary, general or
    30  special election but before such election, shall  be  reported,  in  the
    31  same  manner  as  other contributions or liabilities, within twenty-four
    32  hours after receipt or incurrence.
    33    § 3. Subdivision 6 of section 14-108 of the election law,  as  amended
    34  by  chapter  323 of the laws of 1977 and as redesignated by chapter 9 of
    35  the laws of 1978, is amended to read as follows:
    36     6.  A statement shall be deemed properly filed when deposited  in  an
    37  established post-office within the prescribed time, duly stamped, certi-
    38  fied  and  directed  to the officer with whom or to the board with which
    39  the statement is required to be filed,  but  in  the  event  it  is  not
    40  received,  a  duplicate  of  such statement shall be promptly filed upon
    41  notice by such officer or such board of its non-receipt. All  statements
    42  required  to  be  filed in the fifteen days before any election shall be
    43  filed in person or sent by express or electronic mail.
    44    § 4. Section 3-102 of the election law is  amended  by  adding  a  new
    45  subdivision 9-B to read as follows:
    46    9-B.  cause  all contribution forms to contain the following language:
    47  "contributions from charities or  501  (c)  corporations  are  expressly
    48  forbidden."
    49    § 5.  This act shall take effect on the first of January next succeed-
    50  ing the date on which it shall have become a law.
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