STATE OF NEW YORK
________________________________________________________________________
1085--C
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
___________
Introduced by Sens. RIVERA, ADDABBO, GIANARIS, KENNEDY, SERRANO, STAVI-
SKY -- read twice and ordered printed, and when printed to be commit-
ted to the Committee on Elections -- 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
AN ACT to amend the election law, in relation to campaign contributions
by intermediaries
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 14-100 of the election law is amended by adding a
2 new subdivision 17 to read as follows:
3 17. "intermediary" means an individual, corporation, partnership,
4 political committee, labor organization, or other entity which, other
5 than in the regular course of business as a postal, delivery, or messen-
6 ger service, delivers any contribution from another person or entity to
7 a candidate or an authorized committee.
8 "Intermediary" shall not include spouses, parents, children, or
9 siblings of the person making such contribution.
10 § 2. Subdivision 1 of section 14-102 of the election law, as amended
11 by chapter 8 and as redesignated by chapter 9 of the laws of 1978, is
12 amended to read as follows:
13 1. The treasurer of every political committee which, or any officer,
14 member or agent of any such committee who, in connection with any
15 election, receives or expends any money or other valuable thing or
16 incurs any liability to pay money or its equivalent shall file state-
17 ments sworn, or subscribed and bearing a form notice that false state-
18 ments made therein are punishable as a class A misdemeanor pursuant to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02086-05-8
S. 1085--C 2
1 section 210.45 of the penal law, at the times prescribed by this article
2 setting forth all the receipts, contributions to and the expenditures by
3 and liabilities of the committee, and of its officers, members and
4 agents in its behalf. Such statements shall include the dollar amount of
5 any receipt, contribution or transfer, or the fair market value of any
6 receipt, contribution or transfer, which is other than of money, the
7 name and address of the transferor, contributor, intermediary, or person
8 from whom received, and if the transferor, contributor, intermediary, or
9 person is a political committee; the name of and the political unit
10 represented by the committee, the date of its receipt, the dollar amount
11 of every expenditure, the name and address of the person to whom it was
12 made or the name of and the political unit represented by the committee
13 to which it was made and the date thereof, and shall state clearly the
14 purpose of such expenditure. An intermediary need not be reported for a
15 contribution that was collected from a contributor in connection with a
16 party or other candidate-related event held at the residence of the
17 person delivering the contribution, unless the expenses of such event at
18 such residence for such candidate exceed five hundred dollars or the
19 aggregate contributions received from that contributor at such event
20 exceed five hundred dollars. Any statement reporting a loan shall have
21 attached to it a copy of the evidence of indebtedness. Expenditures in
22 sums under fifty dollars need not be specifically accounted for by sepa-
23 rate items in said statements, and receipts and contributions aggregat-
24 ing not more than ninety-nine dollars, from any one contributor need not
25 be specifically accounted for by separate items in said statements,
26 provided however, that such expenditures, receipts and contributions
27 shall be subject to the other provisions of section 14-118 of this arti-
28 cle.
29 § 3. This act shall take effect January 12, 2019, provided that
30 section one of this act shall apply to any contribution received on or
31 after such effective date; and provided further, that contributions
32 legally received prior to the effective date of this act may be retained
33 and expended for lawful purposes and shall not provide the basis for a
34 violation of article 14 of the election law, as amended by this act; and
35 provided, further, that effective immediately the state board of
36 elections is authorized and directed to promulgate any rules necessary
37 to implement the provisions of this act on its effective date and shall
38 notify all candidates and political committees of the applicable
39 provisions of this act on or before such effective date.
