STATE OF NEW YORK
________________________________________________________________________
496
2017-2018 Regular Sessions
IN SENATE(Prefiled)
January 4, 2017
___________
Introduced by Sens. SQUADRON, ADDABBO, AVELLA, BRESLIN, COMRIE, DILAN,
GIANARIS, HAMILTON, HOYLMAN, KAMINSKY, KRUEGER, LATIMER, MONTGOMERY,
PARKER, PERALTA, PERKINS, PERSAUD, RIVERA, SERRANO, STAVISKY,
STEWART-COUSINS -- read twice and ordered printed, and when printed to
be committed to the Committee on Elections
AN ACT to amend the election law, in relation to political contributions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 14-116 of the election law, subdivision 1 as redes-
2 ignated by chapter 9 of the laws of 1978 and subdivision 2 as amended by
3 chapter 260 of the laws of 1981, is amended to read as follows:
4 § 14-116. Political contributions by certain organizations. 1. No
5 corporation [or], limited liability company, joint-stock association or
6 other corporate entity doing business in this state, except a corpo-
7 ration or association organized or maintained for political purposes
8 only, shall directly or indirectly pay or use or offer, consent or agree
9 to pay or use any money or property for or in aid of any political
10 party, committee or organization, or for, or in aid of, any corporation,
11 limited liability company, joint-stock [or], other association, or other
12 corporate entity organized or maintained for political purposes, or for,
13 or in aid of, any candidate for political office or for nomination for
14 such office, or for any political purpose whatever, or for the
15 reimbursement or indemnification of any person for moneys or property so
16 used. Any officer, director, stock-holder, member, owner, attorney or
17 agent of any corporation [or], limited liability company, joint-stock
18 association or other corporate entity which violates any of the
19 provisions of this section, who participates in, aids, abets or advises
20 or consents to any such violations, and any person who solicits or know-
21 ingly receives any money or property in violation of this section, shall
22 be guilty of a misdemeanor.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00443-01-7
S. 496 2
1 2. Notwithstanding the provisions of subdivision one of this section,
2 any corporation or an organization financially supported in whole or in
3 part, by such corporation, any limited liability company or other corpo-
4 rate entity may make expenditures, including contributions, not other-
5 wise prohibited by law, for political purposes, in an amount not to
6 exceed five thousand dollars in the aggregate in any calendar year;
7 provided that no public utility shall use revenues received from the
8 rendition of public service within the state for contributions for poli-
9 tical purposes unless such cost is charged to the shareholders of such a
10 public service corporation.
11 3. Each limited liability company that makes an expenditure for poli-
12 tical purposes shall file with the state board of elections, by December
13 thirty-first of the year in which the expenditure is made, on the form
14 prescribed by the state board of elections, the identity of all direct
15 and indirect owners of the membership interests in the limited liability
16 company and the proportion of each direct or indirect member's ownership
17 interest in the limited liability company.
18 § 2. Section 14-120 of the election law is amended by adding a new
19 subdivision 3 to read as follows:
20 3. (a) Notwithstanding any law to the contrary, all contributions made
21 to a campaign or political committee by a limited liability company
22 shall be attributed to each member of the limited liability company in
23 proportion to the member's ownership interest in the limited liability
24 company.
25 (b) If, by application of paragraph (a) of this subdivision, a
26 campaign contribution is attributed to a limited liability company, the
27 contributions shall be further attributed to each member of the limited
28 liability company in proportion to the member's ownership interest in
29 the limited liability company.
30 (c) The state board of elections shall enact regulations that prevent
31 the avoidance of the rules set forth in paragraphs (a) and (b) of this
32 subdivision.
33 § 3. This act shall take effect immediately.
