NY State Senate Bill 2015-S7837

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
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Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 13, 2016	referred to elections

2015-S7837 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§14-107, 14-114 & 14-116, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S3239
2019-2020: S2350

2015-S7837 (ACTIVE) - Summary

Relates to media disclosure requirements and political contributions; requires disclosure of the amount of money, if any, received by a person making an independent expenditure and its contributors and the contributor's owners and members, from state or other public entities within New York state during the prior calendar year; removes cost of living from factors; limits the amount of certain contributions.

2015-S7837 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7837

 TITLE OF BILL :

An act to amend the election law, in relation to media disclosure
requirements and political contribution limitations

 PURPOSE OR GENERAL IDEA OF BILL :

To add increased transparency and disclosure to the election process,
limit contributions for entities other than individuals and reduce
contribution limits for individuals.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1- amends subdivision 2 of paragraph(c) of section 14-107 of
the Election Law to require additional disclosure and transparency as
to the real interest of those sponsoring independent expenditures in
connection with election campaigns.

Section 2 - amends subdivision 1 of section 14-114 of the Election Law
to delete COLA language that has allowed contribution limits to
steadily increase without responsible consideration, and reduces the
maximum contribution for other public offices not otherwise enumerated
in the section to twenty-five thousand dollars.

Section 3 - amends subdivision 10 of section 14-114 of the Election
Law to remove current COLA language that has allowed contributions to
parties or constituted committees to increase without responsible
consideration, and to reduce the contribution limits to parties and
constituted committees to twenty-five thousand dollars.

Section 4 - amends section 14-116 of the Election Law to expand the
list of entities that are restricted to total annual campaign
donations to New York candidates of $5,000 per year to include not
only corporations and joint-stock associations, but also LLC's,
unincorporated business entities, labor organizations, associations,
groups, organizations, committees or political committees, other than
party committees, both within or without the state.

Section 5 - provides that if any part of the act shall be adjudged as
unconstitutional or invalid, the remaining portions shall be deemed
null and void.

Section 6 - provides that the act shall take effect one hundred eighty
days after it shall have become law, but that effective immediately,
amendment and/or repeal of any rule or regulation necessary for the
implementation of the act on its effective date is authorized to be
made on or before such effective date.

 JUSTIFICATION :

Transparency is critical to the democratic process.  Each election
cycle, voters are bombarded with campaign ads that do not clearly
identify the true interest of the sponsor. This bill will provide
voters with more information so that they may better understand the
issues and candidates as they prepare to cast their vote on Election
Day. In addition, concern has been expressed about the amount of money
being donated generally, and in particular by entities other than
individual voters. This bill would eliminate the current practice of
allowing political donations by individuals to increase with the cost
of living without any responsible consideration as to the effect of
these increases, and further restrict political donations by various
business and other artificial entities.


The effect of this bill would be to give more information to voters,
reduce the impact of money on elections and curtail the often
unidentifiable money that has been flowing to campaigns from
artificial entities.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect one hundred eighty days after it shall have
become law, but effective immediately, amendment and/or repeal of any
rule or regulation necessary for the implementation of the act on its
effective date is authorized to be made on or before such effective
date.

2015-S7837 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7837

                            I N  S E N A T E

                              May 13, 2016
                               ___________

Introduced  by  Sen.  RANZENHOFER -- 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  media  disclosure
  requirements and political contribution limitations

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 14-107 of  the  election  law,  as
added  by  section 4 of subpart C of part H of chapter 55 of the laws of
2014, is amended to read as follows:
  2. Whenever any person makes an  independent  expenditure  that  costs
more  than  one  thousand  dollars  in the aggregate, such communication
shall clearly state the name of the person who paid  for,  or  otherwise
published or distributed the communication [and], state, with respect to
communications  regarding  candidates,  that  the  communication was not
expressly authorized or requested by any candidate,  or  by  any  candi-
date's  political  committee  or any of its agents AND SHALL IN ADDITION
DISCLOSE THE AMOUNT OF MONEY,  IF  ANY,  RECEIVED  BY  THE  PERSON,  ITS
CONTRIBUTORS  AND  THE  CONTRIBUTOR'S  MEMBERS, OWNERS AND MEMBERS, FROM
STATE OR OTHER PUBLIC ENTITIES WITHIN NEW YORK STATE  DURING  THE  PRIOR
CALENDAR  YEAR.  AT A MINIMUM SUCH DISCLOSURE SHALL READ: "THIS COMMUNI-
CATION HAS BEEN SPONSORED BY -----. THIS COMMUNICATION WAS NOT EXPRESSLY
AUTHORIZED OR REQUESTED BY ANY CANDIDATE, OR BY  ANY  CANDIDATE'S  POLI-
TICAL  COMMITTEE  OR  ANY OF ITS AGENTS.  THE SPONSOR, ITS CONTRIBUTORS,
MEMBERS AND OWNERS (HAVE OR DO NOT  HAVE)  A  RELATIONSHIP  WITH  PUBLIC
ENTITIES  AND  HAVE  RECEIVED APPROXIMATELY $----- FROM THE STATE OF NEW
YORK AND OTHER PUBLIC ENTITIES LOCATED WITHIN THE  STATE  DURING  (PRIOR
CALENDAR YEAR)".
  S  2.  Subdivision 1 of section 14-114 of the election law, as amended
by chapter 79 of the laws of 1992, paragraphs a  and  b  as  amended  by
chapter 659 of the laws of 1994, is amended to read as follows:
  1.  The following limitations apply to all contributions to candidates
for election to any public office or for nomination for any such office,
or for election to any party positions,  and  to  all  contributions  to
political  committees  working directly or indirectly with any candidate

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD14574-07-6

S. 7837                             2

to aid or participate in such candidate's nomination or election,  other
than any contributions to any party committee or constituted committee:
  a. In any election for a public office to be voted on by the voters of
the  entire  state, or for nomination to any such office, no contributor
may make a contribution to any candidate or political committee, and  no
candidate  or  political  committee may accept any contribution from any
contributor, which is in the aggregate amount greater than:  (i) in  the
case of any nomination to public office, the product of the total number
of  enrolled  voters  in  the  candidate's party in the state, excluding
voters in inactive status, multiplied by $.005, but such amount shall be
not less than four  thousand  dollars  nor  more  than  twelve  thousand
dollars  [as  increased  or  decreased  by the cost of living adjustment
described in paragraph c of this subdivision], and (ii) in the  case  of
any  election  to  a  public  office,  twenty-five  thousand dollars [as
increased or decreased by the cost of  living  adjustment  described  in
paragraph  c  of  this  subdivision]; provided however, that the maximum
amount which may be so contributed or accepted, in the  aggregate,  from
any  candidate's child, parent, grandparent, brother and sister, and the
spouse of any such persons, shall not exceed in the case  of  any  nomi-
nation  to  public  office  an  amount  equivalent to the product of the
number of enrolled voters in the candidate's party in the state, exclud-
ing voters in inactive status, multiplied by $.025, and in the  case  of
any election for a public office, an amount equivalent to the product of
the  number  of registered voters in the state excluding voters in inac-
tive status, multiplied by $.025.
  b. In any other election for party  position  or  for  election  to  a
public  office or for nomination for any such office, no contributor may
make a contribution to any  candidate  or  political  committee  and  no
candidate  or  political  committee may accept any contribution from any
contributor, which is in the aggregate amount greater than: (i)  in  the
case  of  any  election  for party position, or for nomination to public
office, the product of the total number of enrolled voters in the candi-
date's party in the district in  which  he  is  a  candidate,  excluding
voters  in  inactive status, multiplied by $.05, and (ii) in the case of
any election for a public office, the product of  the  total  number  of
registered  voters in the district, excluding voters in inactive status,
multiplied by $.05, however in the case of a nomination within the  city
of  New  York  for  the office of mayor, public advocate or comptroller,
such amount shall be not less than four thousand dollars nor  more  than
twelve thousand dollars [as increased or decreased by the cost of living
adjustment described in paragraph c of this subdivision]; in the case of
an  election within the city of New York for the office of mayor, public
advocate or comptroller, twenty-five thousand dollars [as  increased  or
decreased  by  the cost of living adjustment described in paragraph c of
this subdivision]; in the case of a nomination for state  senator,  four
thousand  dollars  [as  increased  or  decreased  by  the cost of living
adjustment described in paragraph c of this subdivision]; in the case of
an election for state senator, six thousand two  hundred  fifty  dollars
[as increased or decreased by the cost of living adjustment described in
paragraph  c  of  this subdivision]; in the case of an election or nomi-
nation for a member of the assembly,  twenty-five  hundred  dollars  [as
increased  or  decreased  by  the cost of living adjustment described in
paragraph c of this subdivision]; but in no event shall any such maximum
exceed [fifty] TWENTY-FIVE thousand dollars or be less than one thousand
dollars; provided however, that the  maximum  amount  which  may  be  so
contributed  or  accepted, in the aggregate, from any candidate's child,

S. 7837                             3

parent, grandparent, brother and sister, and  the  spouse  of  any  such
persons, shall not exceed in the case of any election for party position
or  nomination  for  public office an amount equivalent to the number of
enrolled  voters in the candidate's party in the district in which he is
a candidate, excluding voters in inactive status, multiplied by $.25 and
in the case of any election to public office, an  amount  equivalent  to
the  number  of  registered  voters in the district, excluding voters in
inactive status, multiplied by $.25; or twelve  hundred  fifty  dollars,
whichever  is  greater,  or in the case of a nomination or election of a
state senator, twenty thousand dollars, whichever is greater, or in  the
case  of  a  nomination  or  election of a member of the assembly twelve
thousand five hundred dollars, whichever is greater,  but  in  no  event
shall any such maximum exceed one hundred thousand dollars.
  [c. At the beginning of each fourth calendar year, commencing in nine-
teen hundred ninety-five, the state board shall determine the percentage
of  the  difference  between  the most recent available monthly consumer
price index for all urban  consumers  published  by  the  United  States
bureau  of  labor statistics and such consumer price index published for
the same month four years previously. The amount  of  each  contribution
limit  fixed in this subdivision shall be adjusted by the amount of such
percentage difference to the closest one hundred dollars  by  the  state
board which, not later than the first day of February in each such year,
shall issue a regulation publishing the amount of each such contribution
limit.  Each contribution limit as so adjusted shall be the contribution
limit in effect for any election held before the next such adjustment.]
  S 3. Subdivision 10 of section 14-114 of the election law, as added by
chapter 79 of the laws of 1992, is amended to read as follows:
  10. [a.] No contributor may make a contribution to a party or  consti-
tuted committee and no such committee may accept a contribution from any
contributor  which,  in the aggregate, is greater than [sixty-two] TWEN-
TY-FIVE thousand [five hundred] dollars per annum.
  [b. At the beginning of each fourth calendar year, commencing in nine-
teen hundred ninety-five, the state board shall determine the percentage
of the difference between the most  recent  available  monthly  consumer
price  index  for  all  urban  consumers  published by the United States
bureau of labor statistics and such consumer price index  published  for
the  same  month  four years previously. The amount of such contribution
limit fixed in paragraph a of this subdivision shall be adjusted by  the
amount  of such percentage difference to the closest one hundred dollars
by the state board which, not later than the first day  of  February  in
each  such  year, shall issue a regulation publishing the amount of such
contribution limit. Such contribution limit as so adjusted shall be  the
contribution  limit in effect for any election held before the next such
adjustment.]
  S 4. Section 14-116 of the election law, subdivision 1 as redesignated
by chapter 9 of the laws of 1978 and subdivision 2 as amended by chapter
260 of the laws of 1981, is amended to read as follows:
  S 14-116. Political contributions by certain  organizations.  1.    No
corporation  [or],  LIMITED  LIABILITY COMPANY, joint-stock association,
UNINCORPORATED BUSINESS ENTITY, LABOR ORGANIZATION, ASSOCIATION,  GROUP,
ORGANIZATION,  COMMITTEE  OR  POLITICAL  COMMITTEE,  OTHER  THAN A PARTY
COMMITTEE, doing business [in] WITHIN OR WITHOUT this state,  [except  a
corporation   or  association  organized  or  maintained  for  political
purposes only,] shall directly  or  indirectly  pay  or  use  or  offer,
consent  or  agree  to pay or use any money or property for or in aid of
any CANDIDATE, political party, committee or organization, or for, or in

S. 7837                             4

aid of, any corporation, joint-stock or other association  organized  or
maintained  for  political purposes, or for, or in aid of, any candidate
for political office or for nomination for such office, or for any poli-
tical  purpose  whatever, or for the reimbursement or indemnification of
any person for moneys or property so used. Any officer, director, stock-
holder, MEMBER, OWNER, attorney or agent of any corporation [or], LIMIT-
ED LIABILITY COMPANY, joint-stock association,  UNINCORPORATED  BUSINESS
ENTITY,  LABOR ORGANIZATION, ASSOCIATION, GROUP, ORGANIZATION, COMMITTEE
OR POLITICAL COMMITTEE, OTHER THAN A  PARTY  COMMITTEE,  DOING  BUSINESS
WITHIN  OR  WITHOUT  THIS  STATE which violates any of the provisions of
this section, who participates in, aids, abets or advises or consents to
any such violations, and any person who solicits or  knowingly  receives
any money or property in violation of this section, shall be guilty of a
misdemeanor.
  2.  Notwithstanding the provisions of subdivision one of this section,
any corporation, LIMITED  LIABILITY  COMPANY,  JOINT-STOCK  ASSOCIATION,
UNINCORPORATED  BUSINESS ENTITY, LABOR ORGANIZATION, ASSOCIATION, GROUP,
ORGANIZATION, COMMITTEE OR  POLITICAL  COMMITTEE,  OTHER  THAN  A  PARTY
COMMITTEE,  DOING  BUSINESS WITHIN OR WITHOUT THIS STATE or an organiza-
tion financially supported in whole or in part[,] by  ANY  such  [corpo-
ration]  ENTITY  may  make  expenditures,  including  contributions, not
otherwise prohibited by law, for political purposes, in an amount not to
exceed five thousand dollars in the  aggregate  in  any  calendar  year;
provided  that  no  public  utility shall use revenues received from the
rendition of public service within the state for contributions for poli-
tical purposes unless such cost is charged to the shareholders of such a
public service corporation.
  S 5. If any part or provision of this act is adjudged by  a  court  of
competent  jurisdiction to be unconstitutional or otherwise invalid, the
remaining portions of this act shall be deemed null and void.
  S 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made on or
before such effective date.

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Senate Bill S7837

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

2015-S7837 (ACTIVE) - Details

2015-S7837 (ACTIVE) - Summary

2015-S7837 (ACTIVE) - Sponsor Memo

2015-S7837 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7837

Share this bill

Sponsored By

Michael H. Ranzenhofer

Archive: Last Bill Status - In Senate Committee Elections Committee

2015-S7837 (ACTIVE) - Details

2015-S7837 (ACTIVE) - Summary

2015-S7837 (ACTIVE) - Sponsor Memo

2015-S7837 (ACTIVE) - Bill Text download pdf

Comments