A06652 Summary:

BILL NOA06652
 
SAME ASNo same as
 
SPONSORTedisco (MS)
 
COSPNSRFitzpatrick, Ball, Kolb, Sayward
 
MLTSPNSRAlfano, Bacalles, Barclay, Barra, Boyle, Burling, Butler, Calhoun, Conte, Crouch, Duprey, Errigo, Finch, Giglio, Hawley, Hayes, Lopez P, McDonough, McKevitt, Miller J, Molinaro, Oaks, O'Mara, Rabbitt, Raia, Reilich, Saladino, Scozzafava, Thiele, Tobacco, Townsend
 
Amd S14-114, El L
 
Establishes no conduit or intermediary may contribute, loan or guarantee in excess of one thousand dollars in connection with the nomination or election of any one candidate for state or local office within the state of New York in any election cycle.
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A06652 Actions:

BILL NOA06652
 
03/11/2009referred to election law
01/06/2010referred to election law
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A06652 Floor Votes:

There are no votes for this bill in this legislative session.
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A06652 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6652
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 11, 2009
                                       ___________
 
        Introduced  by  M.  of  A.  TEDISCO, FITZPATRICK, BALL, KOLB, SAYWARD --
          Multi-Sponsored by -- M.   of A.  ALFANO,  BACALLES,  BARCLAY,  BARRA,
          BOYLE, BURLING, BUTLER, CALHOUN, CONTE, CROUCH, DUPREY, ERRIGO, FINCH,
          GIGLIO,  HAWLEY, HAYES, P. LOPEZ, McDONOUGH, McKEVITT, MILLER, MOLINA-
          RO, OAKS, O'MARA, QUINN, RABBITT, RAIA, REILICH, SALADINO, SCOZZAFAVA,

          THIELE, TOBACCO, TOWNSEND, WALKER -- read once  and  referred  to  the
          Committee on Election Law
 
        AN  ACT  to  amend the election law, in relation to establishing that no
          conduit or intermediary may contribute, loan or guarantee in excess of
          one thousand dollars in connection with the nomination or election  of
          any  one  candidate  for state or local office within the state of New
          York in any election cycle
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  8  of section 14-114 of the election law, as
     2  amended by chapter 8 of the laws of 1978 and redesignated by  chapter  9
     3  of the laws of 1978, is amended to read as follows:
     4    8.  a.  Except  as  may  otherwise be provided for a candidate and his

     5  family, no person may contribute, loan or guarantee  in  excess  of  one
     6  hundred  fifty  thousand dollars within the state in connection with the
     7  nomination or election of persons to state and local public offices  and
     8  party  positions  within the state of New York in any one calendar year.
     9  For the purposes of this subdivision "loan" or "guarantee" shall mean  a
    10  loan or guarantee which is not repaid or discharged in the calendar year
    11  in which it is made.
    12    b.  No  conduit  or  intermediary may contribute, loan or guarantee in
    13  excess of one thousand dollars in  connection  with  the  nomination  or
    14  election of any one candidate for state or local office within the state
    15  of  New  York  in  any election cycle. For purposes of this subdivision,
    16  "conduit or intermediary" means any person who receives and forwards  an

    17  earmarked  contribution  to  a  candidate  or  a  candidate's authorized
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09984-01-9

        A. 6652                             2
 
     1  committee.  For the purposes of this paragraph,  the  following  persons
     2  shall not be considered to be conduits or intermediaries:
     3    (i)  an individual who is an employee or a full-time volunteer working
     4  for the candidate's authorized committee, provided that  the  individual
     5  is  not  acting  in his or her capacity as a representative of an entity
     6  prohibited from making contributions;

     7    (ii) a fundraising representative conducting  joint  fundraising  with
     8  the candidate's authorized committee;
     9    (iii) an affiliated committee;
    10    (iv)  a  commercial  fundraising firm retained by the candidate or the
    11  candidate's authorized committee to assist in fundraising; and
    12    (v) an individual who is expressly authorized by the candidate or  the
    13  candidate's authorized committee to engage in fundraising, and who occu-
    14  pies  a  significant  position within the candidate's campaign organiza-
    15  tion, provided that the individual is not acting in his or her  capacity
    16  as a representative of an entity prohibited from making contributions.
    17    c.  Any person who is prohibited from making contributions or expendi-

    18  tures in connection with an election for state or  local  public  office
    19  shall be prohibited from acting as a conduit for contributions earmarked
    20  to  candidates  or  their authorized committees.  The provisions of this
    21  subdivision shall not restrict the ability of an organization or commit-
    22  tee to serve as a collecting agent for a political action committee.
    23    d. Any person who receives an  earmarked  contribution  shall  forward
    24  such  earmarked  contribution  to the candidate or authorized committee,
    25  except that:
    26    (i) a fundraising representative shall follow  the  joint  fundraising
    27  procedures set forth at 11 CFR 102.17; and
    28    (ii)  a  person who is prohibited from acting as a conduit pursuant to

    29  paragraph c of this subdivision shall return the earmarked  contribution
    30  to the contributor.
    31    e. (i) The intermediary or conduit of the earmarked contribution shall
    32  report  the  original  source  and the recipient candidate or authorized
    33  committee to the state board of elections, and to the  recipient  candi-
    34  date or authorized committee.
    35    (ii)  The  report to the state board of elections shall be included in
    36  the conduit's or intermediary's report for the reporting period in which
    37  the earmarked contribution was received.
    38    (iii) The report to the recipient candidate  or  authorized  committee
    39  shall be made when the earmarked contribution is forwarded to the recip-
    40  ient candidate or authorized committee.

    41    (iv)  The  report  by  the  conduit  or intermediary shall contain the
    42  following information:
    43    (A) the name and mailing address of each  contributor  and,  for  each
    44  earmarked  contribution  in excess of one hundred dollars, the contribu-
    45  tor's occupation and the name of his or her employer;
    46    (B) the amount of each earmarked contribution, the  date  received  by
    47  the  conduit,  and the intended recipient as designated by the contribu-
    48  tor; and
    49    (C) the date each earmarked contribution was forwarded to the  recipi-
    50  ent candidate or authorized committee and whether the earmarked contrib-
    51  ution  was  forwarded  in  cash  or by the contributor's check or by the
    52  conduit's check.

    53    (v) For each earmarked contribution passed through  the  conduit's  or
    54  intermediary's  account,  the information specified in subparagraph (iv)
    55  of this paragraph shall be itemized  on  the  appropriate  schedules  of
    56  receipts  and  disbursements attached to the conduit's or intermediary's

        A. 6652                             3
 
     1  report, or shall be  disclosed  by  letter,  as  appropriate.  For  each
     2  earmarked  contribution forwarded in the form of the contributor's check
     3  or other written instrument, the information specified  in  subparagraph
     4  (iv)  of this paragraph shall be disclosed as a memo entry on the appro-
     5  priate schedules of receipts and disbursements attached to the conduit's

     6  or intermediary's report, or shall be disclosed by letter, as  appropri-
     7  ate.  For  the  purposes of this subdivision, "earmarked" means a desig-
     8  nation, instruction or encumbrance, whether direct or indirect,  express
     9  or  implied,  oral  or  written,  which  results in all or any part of a
    10  contribution or expenditure being made to, or expended on behalf  of,  a
    11  clearly identified candidate or a candidate's authorized committee.
    12    f.  (i)  The  recipient candidate or authorized committee shall report
    13  each conduit or intermediary who forwards one or more earmarked contrib-
    14  utions which in the aggregate exceed one hundred dollars in any calendar
    15  year.
    16    (ii) The report by the recipient  candidate  or  authorized  committee

    17  shall contain the following information:
    18    (A) the identification of the conduit or intermediary;
    19    (B)  the  total  amount  of  earmarked contributions received from the
    20  conduit or intermediary and the date of receipt;
    21    (C) the information required under 11 CFR 104.3(a)  (3)  and  (4)  for
    22  each  earmarked  contribution which in the aggregate exceeds one hundred
    23  dollars in any calendar year; and
    24    (D) a description of  the  benefits  earned  by  the  intermediary  or
    25  conduit  for  his or her efforts, including, but not limited to, special
    26  access to the candidate or a public official; use of public  facilities;
    27  gifts; premiums; or the like.
    28    (iii) The information specified in subparagraph (ii) of this paragraph

    29  shall  be  itemized  on  a schedule to be attached to the report for the
    30  reporting period in which the earmarked contribution is received.
    31    g. (i) A conduit's  or  intermediary's  contribution  limits  are  not
    32  affected by the forwarding of an earmarked contribution except where the
    33  conduit  or  intermediary  exercises  any  direction or control over the
    34  choice of the recipient candidate.
    35    (ii) If a conduit or intermediary exercises any direction  or  control
    36  over  the  choice of the recipient candidate, the earmarked contribution
    37  shall be considered a contribution by both the original contributor  and
    38  the  conduit  or  intermediary. If the conduit or intermediary exercises
    39  any direction or control over the choice of the recipient candidate, the

    40  report filed by the conduit or intermediary and the report filed by  the
    41  recipient  candidate  or  authorized  committee  shall indicate that the
    42  earmarked contribution is made by both the original contributor and  the
    43  conduit  or intermediary, and that the entire amount of the contribution
    44  is attributed to each.
    45    § 2. This act shall take effect immediately.
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