S T A T E   O F   N E W   Y O R K
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     S. 1101                                                   A. 776
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 10, 2019
                                ___________
 
 IN  SENATE  --  Introduced by Sens. KAVANAGH, ADDABBO, BAILEY, BENJAMIN,
   BIAGGI,  BRESLIN,  BROOKS,  CARLUCCI,  COMRIE,   GAUGHRAN,   GIANARIS,
   GOUNARDES,  HARCKHAM,  HOYLMAN,  JACKSON,  KAMINSKY,  KAPLAN, KENNEDY,
   KRUEGER, LIU, MARTINEZ, MAY, MAYER, METZGER, MONTGOMERY, MYRIE,  PARK-
   ER,  PERSAUD,  RAMOS,  RIVERA,  SALAZAR,  SANDERS,  SAVINO, SEPULVEDA,
   SERRANO, SKOUFIS, STAVISKY, STEWART-COUSINS, THOMAS -- read twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Elections
 
 IN ASSEMBLY -- Introduced by M. of A. SIMON, LAVINE, HEASTIE,  BUCHWALD,
   M. G. MILLER,  THIELE,  ORTIZ, NIOU, FAHY, DINOWITZ, GOTTFRIED, SANTA-
   BARBARA, GLICK,  SEAWRIGHT,  MAGNARELLI,  D'URSO,  MONTESANO,  ARROYO,
   MOSLEY, CAHILL, ZEBROWSKI, ABINANTI, BARNWELL, BLAKE, CARROLL, BARRON,
   TAYLOR,  GALEF,  LUPARDO,  STECK,  L. ROSENTHAL, WALLACE, ROZIC, RYAN,
   JAFFEE, BURKE, CRUZ, EICHENSTEIN,  EPSTEIN,  FALL,  FRONTUS,  GRIFFIN,
   JACOBSON,  LIFTON,  McMAHON, OTIS, REYES, WEINSTEIN -- Multi-Sponsored
   by -- M. of A. COOK, ENGLEBRIGHT -- read  once  and  referred  to  the
   Committee on Election Law

 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:
 
   Section 1. Section 14-116 of the election law, subdivision 1 as redes-
 ignated 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:
   § 14-116. Political contributions by certain  organizations.  1.    No
 corporation  [or], LIMITED LIABILITY COMPANY, joint-stock association OR
 OTHER CORPORATE ENTITY doing business in this  state,  except  a  corpo-
 ration  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  political
 party, committee or organization, or for, or in aid of, any corporation,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01804-02-9

 S. 1101                             2                             A. 776
 
 LIMITED LIABILITY COMPANY, joint-stock [or], other association, OR OTHER
 CORPORATE ENTITY 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  political  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], LIMITED LIABILITY COMPANY, joint-stock
 association  OR  OTHER  CORPORATE  ENTITY  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 know-
 ingly 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 or an organization financially supported in whole or in
 part, by such corporation, ANY LIMITED LIABILITY COMPANY OR OTHER CORPO-
 RATE ENTITY may make expenditures, including contributions,  not  other-
 wise  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.
   3. EACH LIMITED  LIABILITY  COMPANY  THAT  MAKES  AN  EXPENDITURE,  OR
 CONTRIBUTION,  FOR POLITICAL PURPOSES SHALL FILE WITH THE STATE BOARD OF
 ELECTIONS, BY DECEMBER THIRTY-FIRST OF THE YEAR IN WHICH THE EXPENDITURE
 IS MADE, ON THE FORM PRESCRIBED BY THE STATE  BOARD  OF  ELECTIONS,  THE
 IDENTITY  OF  ALL DIRECT AND INDIRECT OWNERS OF THE MEMBERSHIP INTERESTS
 IN THE LIMITED LIABILITY COMPANY AND THE PROPORTION OF  EACH  DIRECT  OR
 INDIRECT MEMBER'S OWNERSHIP INTEREST IN THE LIMITED LIABILITY COMPANY.
   §  2.  Section  14-120  of the election law is amended by adding a new
 subdivision 3 to read as follows:
   3. (A) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ALL CONTRIBUTIONS MADE
 TO A CAMPAIGN OR POLITICAL COMMITTEE  BY  A  LIMITED  LIABILITY  COMPANY
 SHALL  BE  ATTRIBUTED TO EACH MEMBER OF THE LIMITED LIABILITY COMPANY IN
 PROPORTION TO THE MEMBER'S OWNERSHIP INTEREST IN THE  LIMITED  LIABILITY
 COMPANY.
   (B)  IF,  BY  APPLICATION  OF  PARAGRAPH  (A)  OF  THIS SUBDIVISION, A
 CAMPAIGN CONTRIBUTION IS ATTRIBUTED TO A LIMITED LIABILITY COMPANY,  THE
 CONTRIBUTIONS  SHALL BE FURTHER ATTRIBUTED TO EACH MEMBER OF THE LIMITED
 LIABILITY COMPANY IN PROPORTION TO THE MEMBER'S  OWNERSHIP  INTEREST  IN
 THE LIMITED LIABILITY COMPANY.
   (C)  THE STATE BOARD OF ELECTIONS SHALL ENACT REGULATIONS THAT PREVENT
 THE AVOIDANCE OF THE RULES SET FORTH IN PARAGRAPHS (A) AND (B)  OF  THIS
 SUBDIVISION.
   § 3. This act shall take effect on the seventh day after it shall have
 become a law.