NY State Senate Bill 2021-S352

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
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to elections
Jan 06, 2021	referred to elections

2021-S352 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §14-105-a, El L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5565
2011-2012: S1559
2013-2014: S2539
2015-2016: S2845
2017-2018: S3056
2019-2020: S3096
2023-2024: S1806

2021-S352 (ACTIVE) - Summary

Regulates political contribution activities by intermediaries; requires that when contributions made by an intermediary to a candidate or a committee are over $1,000, the name, occupation and address of each contributor shall be disclosed.

2021-S352 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S352

SPONSOR: ADDABBO
 
TITLE OF BILL:

An act to amend the election law, in relation to contribution activities
by an intermediary

 
PURPOSE:

This bill is designed to provide for the disclosure of intermediaries
such as bundlers, as well as the source and amount of the contributions
they deliver, and the employment information of contributors of $100 or
more.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the Election Law to add a new section 14-105-a, in
which subdivision one defines an "intermediary" as an individual or one
of several types of organizations that delivers contributions from
another to a candidate or authorized committee, or solicits contrib-

utions to a candidate or authorized committee with the knowledge of the
candidate or his or her authorized committee. Family members, campaign
workers and commercial fundraising firms retained by the candidate are
excluded from this definition.

Subdivision two requires that when an intermediary delivers contrib-
utions of more than $1000, it must provide the name, mailing address and
occupation of any contributor of over $99, and if the contribution is
two hundred dollars or more, then it must also provide the name and
address of the contributor's employer. The intermediary is also required
to provide the total amount of contributions of $99 or less.

Subdivision three requires the candidate, his or her authorized commit-
tee, or the party committee to report to the state board of elections
any intermediary who delivers contributions totaling one thousand
dollars or more.

Subdivision four provides for the state board of elections to provide
for reporting of the intermediary's name, mailing address, occupation
and employer, and the total amount of contributions he or she delivers.

Section 2: Provides that the Act takes effect sixty days after it
becomes a law.

 
EXISTING LAW:

Under the existing law, there is no requirement for the disclosure of
such intermediaries and their fundraising activities.

 
JUSTIFICATION:

Currently, bundlers and other intermediaries, who solicit contributions
on behalf of a candidate, are not subject to disclosure of the amounts
they raise, unlike under Federal law. They also are not required to
report who employs them. Given the high campaign contribution limits in
New York, complete disclosure is all the more important, as the public
should have access to information that might reveal activities and
involvements that lend themselves to attempts to influence legislation.
In 2007, New York received a grade of "C" from the Campaign Disclosure
project because of its campaign finance disclosure laws.

 
LEGISLATIVE HISTORY:

2019: S. 3096 - Referred to Senate Elections.
2020: S. 3096 - Referred to Senate Elections.

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill is effective on January 1, 2023, with provisions.

2021-S352 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    352
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. ADDABBO -- 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 contribution activities
   by an intermediary

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  election  law  is  amended  by  adding a new section
 14-105-a to read as follows:
   § 14-105-A.  CONTRIBUTION DELIVERY ACTIVITIES BY AN  INTERMEDIARY.  1.
 FOR  PURPOSES OF THIS SECTION "INTERMEDIARY" MEANS AN INDIVIDUAL, CORPO-
 RATION, PARTNERSHIP, POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER
 ENTITY WHICH:
   (A) OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY
 OR MESSENGER SERVICE, DELIVERS ANY CONTRIBUTION FROM ANOTHER  PERSON  OR
 ENTITY TO A CANDIDATE OR AUTHORIZED COMMITTEE; OR
   (B)  SOLICITS CONTRIBUTIONS TO A CANDIDATE OR OTHER AUTHORIZED COMMIT-
 TEE WHERE SUCH SOLICITATION IS KNOWN TO SUCH CANDIDATE  OR  HIS  OR  HER
 AUTHORIZED  COMMITTEE.  FOR  PURPOSES  OF  THIS  PARAGRAPH, ONLY PERSONS
 CLEARLY IDENTIFIED AS THE SOLICITOR OF A CONTRIBUTION TO  THE  CANDIDATE
 OR HIS OR HER AUTHORIZED COMMITTEE SHALL BE PRESUMED TO BE KNOWN TO SUCH
 CANDIDATE  OR  HIS OR HER AUTHORIZED COMMITTEE. "INTERMEDIARY" SHALL NOT
 INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS, CHILDREN OR SIBLINGS OF THE
 PERSON MAKING SUCH CONTRIBUTION, OR  ANY  PAID  OR  VOLUNTEER  FULL-TIME
 CAMPAIGN  WORKERS OR COMMERCIAL FUNDRAISING FIRMS RETAINED BY THE CANDI-
 DATE AND THE AGENTS THEREOF.
   2. WHEN CONTRIBUTIONS TOTALING ONE THOUSAND DOLLARS OR MORE ARE DELIV-
 ERED BY THE INTERMEDIARY TO THE RECIPIENT CANDIDATE,  AUTHORIZED  CANDI-
 DATE  COMMITTEE  OR  PARTY COMMITTEE, THE INTERMEDIARY SHALL INDICATE IN
 WRITING TO THE RECIPIENT CANDIDATE, AUTHORIZED  CANDIDATE  COMMITTEE  OR
 PARTY COMMITTEE THE FOLLOWING INFORMATION:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03608-01-1

 S. 352                              2
 
   (A)  THE  NAME, MAILING ADDRESS AND OCCUPATION OF EACH CONTRIBUTOR WHO
 MAKES A CONTRIBUTION OVER NINETY-NINE DOLLARS, AND THE  AMOUNT  OF  EACH
 CONTRIBUTION,  AND FOR EACH CONTRIBUTION OF TWO HUNDRED DOLLARS OR MORE,
 THE NAME AND ADDRESS OF SUCH CONTRIBUTOR'S EMPLOYER;
   (B) THE TOTAL AGGREGATE AMOUNT OF CONTRIBUTIONS OF NINETY-NINE DOLLARS
 OR LESS; AND
   (C) THE DATE THE CONTRIBUTION WAS RECEIVED BY THE INTERMEDIARY AND THE
 DATE  THE  CONTRIBUTIONS  WERE  DELIVERED  TO  THE  RECIPIENT CANDIDATE,
 AUTHORIZED CANDIDATE COMMITTEE OR PARTY COMMITTEE.
   3. THE RECIPIENT CANDIDATE, AUTHORIZED CANDIDATE  COMMITTEE  OR  PARTY
 COMMITTEE  SHALL REPORT TO THE STATE BOARD OF ELECTIONS THE INTERMEDIARY
 WHO DELIVERS CONTRIBUTIONS TOTALING ONE THOUSAND DOLLARS OR MORE ON  THE
 STATEMENTS REQUIRED BY THIS ARTICLE.
   4.  THE  STATE BOARD OF ELECTIONS SHALL PROVIDE A SECTION FOR INTERME-
 DIARY REPORTING AS REQUIRED BY THIS SECTION, WHICH SHALL INCLUDE:
   (A) THE NAME, MAILING ADDRESS, OCCUPATION AND EMPLOYER OF THE INTERME-
 DIARY; AND
   (B) THE TOTAL AMOUNT OF CONTRIBUTIONS DELIVERED BY THE INTERMEDIARY TO
 THE CANDIDATE, THE CANDIDATE'S AUTHORIZED COMMITTEE OR A  PARTY  COMMIT-
 TEE.
   §  2.  This act shall take effect January 1, 2023.  Provided, however,
 that contributions legally received prior to the effective date of  this
 act  may  be  retained  and  expended  for lawful purposes and shall not
 provide the basis for a violation of article 14 of the election law,  as
 amended  by  this  act;  and  provided, further, that the state board of
 elections shall notify all candidates and political  committees  of  the
 applicable  provisions  of  this  act  within thirty days after this act
 shall have become a law.

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Senate Bill S352

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

2021-S352 (ACTIVE) - Details

2021-S352 (ACTIVE) - Summary

2021-S352 (ACTIVE) - Sponsor Memo

2021-S352 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S352

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Sponsored By

Joseph P. Addabbo Jr.

Archive: Last Bill Status - In Senate Committee Elections Committee

2021-S352 (ACTIVE) - Details

2021-S352 (ACTIVE) - Summary

2021-S352 (ACTIVE) - Sponsor Memo

2021-S352 (ACTIVE) - Bill Text download pdf

Comments