Bill Text: NY S00488 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to campaign contributions by intermediaries.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ELECTIONS [S00488 Detail]

Download: New_York-2019-S00488-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           488
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        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
        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 18 to read as follows:
     3    18. "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
    19  section 210.45 of the penal law, at the times prescribed by this article
    20  setting forth all the receipts, contributions to and the expenditures by
    21  and liabilities of the committee,  and  of  its  officers,  members  and
    22  agents in its behalf. Such statements shall include the dollar amount of
    23  any  receipt,  contribution or transfer, or the fair market value of any
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05471-01-9

        S. 488                              2
     1  receipt, contribution or transfer, which is other  than  of  money,  the
     2  name and address of the transferor, contributor, intermediary, or person
     3  from whom received, and if the transferor, contributor, intermediary, or
     4  person  is  a  political  committee;  the name of and the political unit
     5  represented by the committee, the date of its receipt, the dollar amount
     6  of every expenditure, the name and address of the person to whom it  was
     7  made  or the name of and the political unit represented by the committee
     8  to which it was made and the date thereof, and shall state  clearly  the
     9  purpose  of such expenditure. An intermediary need not be reported for a
    10  contribution that was collected from a contributor in connection with  a
    11  party  or  other  candidate-related  event  held at the residence of the
    12  person delivering the contribution, unless the expenses of such event at
    13  such residence for such candidate exceed five  hundred  dollars  or  the
    14  aggregate  contributions  received  from  that contributor at such event
    15  exceed five hundred dollars. Any statement reporting a loan  shall  have
    16  attached  to  it a copy of the evidence of indebtedness. Expenditures in
    17  sums under fifty dollars need not be specifically accounted for by sepa-
    18  rate items in said statements, and receipts and contributions  aggregat-
    19  ing not more than ninety-nine dollars, from any one contributor need not
    20  be  specifically  accounted  for  by  separate items in said statements,
    21  provided however, that such  expenditures,  receipts  and  contributions
    22  shall be subject to the other provisions of section 14-118 of this arti-
    23  cle.
    24    §  3.    This  act  shall  take effect January 12, 2020, provided that
    25  section one of this act shall apply to any contribution received  on  or
    26  after  such  effective  date;  and  provided further, that contributions
    27  legally received prior to the effective date of this act may be retained
    28  and expended for lawful purposes and shall not provide the basis  for  a
    29  violation of article 14 of the election law, as amended by this act; and
    30  provided,  further,  that  effective  immediately  the  state  board  of
    31  elections is authorized and directed to promulgate any  rules  necessary
    32  to  implement the provisions of this act on its effective date and shall
    33  notify  all  candidates  and  political  committees  of  the  applicable
    34  provisions of this act on or before such effective date.
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