S05980 Summary:

BILL NOS05980D
 
SAME ASSAME AS A08187-C
 
SPONSORGRIFFO
 
COSPNSRADDABBO, AVELLA, ESPAILLAT, HOYLMAN, KRUEGER, LATIMER
 
MLTSPNSR
 
Amd SS14-106 & 14-126, rpld S14-107 sub 2, El L
 
Requires the disclosure of the identity of certain entities making expenditures for political communications and provides penalties for failure to do so.
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S05980 Actions:

BILL NOS05980D
 
11/06/2013REFERRED TO RULES
11/13/2013AMEND AND RECOMMIT TO RULES
11/13/2013PRINT NUMBER 5980A
01/08/2014REFERRED TO ELECTIONS
02/19/2014AMEND AND RECOMMIT TO ELECTIONS
02/19/2014PRINT NUMBER 5980B
05/29/2014AMEND (T) AND RECOMMIT TO ELECTIONS
05/29/2014PRINT NUMBER 5980C
06/04/2014AMEND AND RECOMMIT TO ELECTIONS
06/04/2014PRINT NUMBER 5980D
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S05980 Floor Votes:

There are no votes for this bill in this legislative session.
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S05980 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5980--D
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                    November 6, 2013
                                       ___________
 
        Introduced  by Sens. GRIFFO, ADDABBO, AVELLA, ESPAILLAT, HOYLMAN, KRUEG-
          ER, LATIMER -- read twice and ordered printed, and when printed to  be
          committed  to  the  Committee  on  Rules -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  recommitted  to the Committee on Elections in accordance with

          Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT  to amend the election law, in relation to requiring the disclo-
          sure of the identity of certain entities making expenditures for poli-
          tical communications and providing penalties for failure to do so; and
          to repeal subdivision 2 of section 14-107  of  such  law  relating  to
          independent expenditure reporting
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 14-106 of the election law, as amended by section 3

     2  of subpart C of part H of chapter 55 of the laws of 2014, is amended  to
     3  read as follows:
     4    §  14-106.  Political  communication. 1. The statements required to be
     5  filed under the provisions of this article next  succeeding  a  primary,
     6  general or special election shall be accompanied by a copy of all broad-
     7  cast,  cable  or  satellite  schedules  and scripts, internet, print and
     8  other types of advertisements, pamphlets, circulars, flyers,  brochures,
     9  letterheads  and other printed matter purchased or produced, and reprod-
    10  uctions of statements or information published to five hundred  or  more
    11  members  of  a  general  public audience by computer or other electronic
    12  device including but not limited to electronic  mail  or  text  message,
    13  purchased  in connection with such election by or under the authority of

    14  the person filing the statement or the committee or the person on  whose
    15  behalf  it  is  filed,  as  the  case may be. Such copies, schedules and
    16  scripts shall be preserved by the officer with whom or  the  board  with
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11774-12-4

        S. 5980--D                          2
 
     1  which  it is required to be filed for a period of one year from the date
     2  of filing thereof.
     3    2.  All  political committees that make an expenditure for a political
     4  communication shall be required to disclose the identity  of  the  poli-
     5  tical  committee  which made the expenditure for such political communi-

     6  cation. The disclosure on printed or digital  political  communications,
     7  including  but  not  limited to brochures, flyers, posters, mailings, or
     8  internet advertising shall be printed or typed in an appropriate legible
     9  form to read as follows: "Paid for by:" followed  by  the  name  of  the
    10  political committee making the expenditure. The disclosure on non-print-
    11  ed  or  digital  political  communications shall clearly and prominently
    12  display and/or speak the following statement:  "Paid for  by:"  followed
    13  by  the  name  of the political committee making the expenditure. In the
    14  case of a political communication that is not visual, such as  radio  or
    15  automated  telephone  calls, clearly speaking the statement will satisfy

    16  the requirements of this section.
    17    3. Political communications  that  are  considered  promotional  items
    18  which  support a particular candidate, election, ballot measure or issue
    19  and limit the content of communication to the  name,  office  and  brief
    20  message  of  support, shall be exempt from the provisions of subdivision
    21  two of this section. Promotional items shall be items that are of  nomi-
    22  nal  value  and  are  distributed  to the general public in an effort to
    23  promote a  particular  candidate,  election,  ballot  measure  or  issue
    24  including but not limited to pens, bumper stickers, yard signs, buttons,
    25  shirts, bags or balloons.
    26    4.  Political  communication  that  is  considered digital media which

    27  advertises for a particular candidate, election, ballot measure or issue
    28  which limits the content of communication to the name, office and  brief
    29  message  shall  not  be  subject to the provisions of subdivision two of
    30  this section if such digital media is unable to contain  the  "paid  for
    31  by"  statement  due  to  its  small  size and contains a link to another
    32  webpage where the "paid for by" statement is prominently displayed.
    33    § 2. Subdivision 2 of section 14-107 of the election law is REPEALED.
    34    § 3. Subdivision 3 of section 14-126 of the election law, as added  by
    35  section  6  of subpart C of part H of chapter 55 of the laws of 2014, is
    36  amended to read as follows:
    37    3. [Any person who falsely identifies or knowingly fails  to  identify

    38  any  independent  expenditure  as required by subdivision two of section
    39  14-107 of this article shall be subject to a civil  penalty  up  to  one
    40  thousand  dollars  or  up to the cost of the communication, whichever is
    41  greater, in a special proceeding or civil action brought  by  the  state
    42  board  of elections chief enforcement counsel or imposed directly by the
    43  state board of elections. For purposes of  this  subdivision,  the  term
    44  "person"  shall mean a person, group of persons, corporation, unincorpo-
    45  rated business entity, labor organization or business, trade or  profes-
    46  sional  association  or organization or political committee.] Any person
    47  who knowingly fails to disclose the identity of a political committee on

    48  a political communication as required by section 14-106 of this  article
    49  shall  be subject to a civil penalty of up to one thousand dollars or up
    50  to the cost of the communication, whichever is  greater,  in  a  special
    51  proceeding or civil action.
    52    § 4. The state board of elections shall promulgate all rules and regu-
    53  lations  necessary  to implement the provisions of this act on or before
    54  its effective date.
    55    § 5. This act shall take effect January 1, 2015.
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