S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2158--A
                                                          Cal. No. 97
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI, LUPARDO, JAFFEE, THIELE, SIMOTAS,
   BENEDETTO, PAULIN,  QUART,  DINOWITZ,  SEPULVEDA,  STIRPE,  ROSENTHAL,
   STECK, FAHY, CAHILL, GALEF, GOTTFRIED, M. G. MILLER, SOLAGES, CYMBROW-
   ITZ,  RAIA,  WEPRIN,  LIFTON,  ABINANTI, SANTABARBARA, MAYER, FARRELL,
   PEOPLES-STOKES -- Multi-Sponsored by -- M. of A. CROUCH, GLICK, MAGEE,
   McDONALD, MOSLEY, RAMOS -- read once and referred to the Committee  on
   Election  Law  --  reported  and referred to the Committee on Codes --
   reported from committee, advanced to  a  third  reading,  amended  and
   ordered reprinted, retaining its place on the order of third reading
 
 AN ACT to amend the election law, in relation to disclosure of the iden-
   tities  of  political committees making certain expenditures for poli-
   tical communications
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 14-106 of the election law, as amended by section 3
 of  subpart C of part H of chapter 55 of the laws of 2014, is amended to
 read as follows:
   § 14-106. Political communication. 1. The statements  required  to  be
 filed  under  the  provisions of this article next succeeding a primary,
 general or special election shall be accompanied by a copy of all broad-
 cast, cable or satellite schedules  and  scripts,  internet,  print  and
 other  types of advertisements, pamphlets, circulars, flyers, brochures,
 letterheads and other printed matter purchased or produced, and  reprod-
 uctions  of  statements or information published to five hundred or more
 members of a general public audience by  computer  or  other  electronic
 device  including  but  not  limited to electronic mail or text message,
 purchased in connection with such election by or under the authority  of
 the  person filing the statement or the committee or the person on whose
 behalf it is filed, as the case  may  be.  Such  copies,  schedules  and
 scripts  shall  be  preserved by the officer with whom or the board with
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04296-03-7

 A. 2158--A                          2
 
 which it is required to be filed for a period of one year from the  date
 of filing thereof.
   2.  ALL  POLITICAL COMMITTEES THAT MAKE AN EXPENDITURE FOR A POLITICAL
 COMMUNICATION SHALL BE REQUIRED TO DISCLOSE THE IDENTITY  OF  THE  POLI-
 TICAL  COMMITTEE  WHICH MADE THE EXPENDITURE FOR SUCH POLITICAL COMMUNI-
 CATION. THE DISCLOSURE ON PRINTED OR DIGITAL  POLITICAL  COMMUNICATIONS,
 INCLUDING  BUT  NOT  LIMITED TO BROCHURES, FLYERS, POSTERS, MAILINGS, OR
 INTERNET ADVERTISING SHALL BE PRINTED OR TYPED IN AN APPROPRIATE LEGIBLE
 FORM TO READ AS FOLLOWS: "PAID FOR BY:" FOLLOWED  BY  THE  NAME  OF  THE
 POLITICAL COMMITTEE MAKING THE EXPENDITURE. THE DISCLOSURE ON NON-PRINT-
 ED  OR  DIGITAL  POLITICAL  COMMUNICATIONS SHALL CLEARLY AND PROMINENTLY
 DISPLAY AND/OR SPEAK THE FOLLOWING STATEMENT: "PAID FOR BY:" FOLLOWED BY
 THE NAME OF THE POLITICAL COMMITTEE MAKING THE EXPENDITURE. IN THE  CASE
 OF  A POLITICAL COMMUNICATION THAT IS NOT VISUAL, SUCH AS RADIO OR AUTO-
 MATED TELEPHONE CALLS, CLEARLY SPEAKING THE STATEMENT WILL  SATISFY  THE
 REQUIREMENTS OF THIS SECTION.
   3.  POLITICAL  COMMUNICATIONS  THAT  ARE  CONSIDERED PROMOTIONAL ITEMS
 WHICH SUPPORT A PARTICULAR CANDIDATE, ELECTION, BALLOT MEASURE OR  ISSUE
 AND  LIMIT  THE  CONTENT  OF COMMUNICATION TO THE NAME, OFFICE AND BRIEF
 MESSAGE OF SUPPORT, SHALL BE EXEMPT FROM THE PROVISIONS  OF  SUBDIVISION
 TWO  OF THIS SECTION. PROMOTIONAL ITEMS SHALL BE ITEMS THAT ARE OF NOMI-
 NAL VALUE AND ARE DISTRIBUTED TO THE GENERAL  PUBLIC  IN  AN  EFFORT  TO
 PROMOTE  A  PARTICULAR  CANDIDATE,  ELECTION,  BALLOT  MEASURE  OR ISSUE
 INCLUDING BUT NOT LIMITED TO PENS, BUMPER STICKERS, YARD SIGNS, BUTTONS,
 SHIRTS, BAGS OR BALLOONS.
   4. POLITICAL COMMUNICATION THAT  IS  CONSIDERED  DIGITAL  MEDIA  WHICH
 ADVERTISES FOR A PARTICULAR CANDIDATE, ELECTION, BALLOT MEASURE OR ISSUE
 WHICH  LIMITS THE CONTENT OF COMMUNICATION TO THE NAME, OFFICE AND BRIEF
 MESSAGE SHALL NOT BE SUBJECT TO THE PROVISIONS  OF  SUBDIVISION  TWO  OF
 THIS  SECTION  IF  SUCH DIGITAL MEDIA IS UNABLE TO CONTAIN THE "PAID FOR
 BY" STATEMENT DUE TO ITS SMALL SIZE  AND  CONTAINS  A  LINK  TO  ANOTHER
 WEBPAGE WHERE THE "PAID FOR BY" STATEMENT IS PROMINENTLY DISPLAYED.
   §  2.  Subdivision 2 of section 14-107 of the election law, as amended
 by section 2 of part A of chapter 286 of the laws of 2016, is amended to
 read as follows:
   2. Whenever any person makes an independent expenditure that costs one
 thousand dollars or more in the aggregate, such communication shall,  IN
 A  MANNER  CONSISTENT WITH SECTION 14-106 OF THIS ARTICLE, clearly state
 the name of the person who paid for, or otherwise published or  distrib-
 uted the communication and state, with respect to communications regard-
 ing  candidates,  that the communication was not expressly authorized or
 requested by any candidate, or by any candidate's political committee or
 any of its agents.
   § 3. Subdivision 3 of section 14-126 of the election law, as added  by
 section  6  of subpart C of part H of chapter 55 of the laws of 2014, is
 amended to read as follows:
   3. Any person who falsely identifies or knowingly  fails  to  identify
 any  independent  expenditure  as required by subdivision two of section
 14-107 of this article OR ANY POLITICAL COMMITTEE AS REQUIRED IN SECTION
 14-106 OF THIS ARTICLE shall be subject to a civil  penalty  up  to  one
 thousand  dollars  or  up to the cost of the communication, whichever is
 greater, in a special proceeding or civil action [brought by  the  state
 board  of elections chief enforcement counsel or imposed directly by the
 state board of elections]. For purposes of this  subdivision,  the  term
 "person"  shall mean a person, group of persons, corporation, unincorpo-

 A. 2158--A                          3
 
 rated business entity, labor organization or business, trade or  profes-
 sional association or organization or political committee.
   § 4. The state board of elections shall promulgate all rules and regu-
 lations  necessary  to implement the provisions of this act on or before
 its effective date.
   § 5. This act shall take effect on the first of January next  succeed-
 ing the date upon which it shall have become a law.