Assembly Bill A10976

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

                                10976--A

                          I N  A S S E M B L Y

                               May 5, 2010
                               ___________

Introduced  by M. of A. GALEF -- read once and referred to the Committee
  on  Election  Law  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  election  law, in relation to the disclosure of
  sources for political advertisements

  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 14-107
to read as follows:
  S 14-107. INDEPENDENT EXPENDITURE REPORTING. 1. FOR PURPOSES  OF  THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  (I) "INDEPENDENT EXPENDITURE" SHALL MEAN AN EXPENDITURE MADE BY A
PERSON FOR AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC  AUDIENCE
VIA BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION TO A GENER-
AL  PUBLIC  AUDIENCE  VIA  ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS,
BROCHURES, LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR  INFOR-
MATION  CONVEYED  TO  FIVE  HUNDRED  OR MORE MEMBERS OF A GENERAL PUBLIC
AUDIENCE BY COMPUTER OR OTHER ELECTRONIC DEVICES  WHICH:  (A)  EXPRESSLY
ADVOCATES  THE  ELECTION  OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE OR
THE SUCCESS OR DEFEAT OF A BALLOT PROPOSAL OR AMENDMENT TO THE CONSTITU-
TION OF THE STATE OF NEW YORK AND (B) SUCH  CANDIDATE,  THE  CANDIDATE'S
POLITICAL  COMMITTEE  OR  ITS AGENTS, OR A POLITICAL COMMITTEE FORMED TO
PROMOTE THE SUCCESS OR DEFEAT OF A BALLOT PROPOSAL OR  ITS  AGENTS,  DID
NOT  AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN ANY SUCH COMMU-
NICATION.
  (II) INDEPENDENT EXPENDITURES SHALL NOT INCLUDE:
  (A) A COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY,  OR
EDITORIAL   DISTRIBUTED  THROUGH  THE  FACILITIES  OF  ANY  BROADCASTING
STATION, CABLE OR SATELLITE UNLESS SUCH PUBLICATION  OR  FACILITIES  ARE
OWNED  OR  CONTROLLED  BY  ANY  POLITICAL  PARTY, POLITICAL COMMITTEE OR
CANDIDATE; OR
  (B) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR
  (C) A COMMUNICATION WHICH CONSTITUTES AN EXPENDITURE MADE BY AN ENTITY
REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.

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

                                                           LBD16777-08-0

A. 10976--A                         2

  (B) "PERSON" SHALL MEAN A PERSON, GROUP OF PERSONS, ENTITY,  ORGANIZA-
TION OR ASSOCIATION.
  (C)  "TRADE  ASSOCIATION"  SHALL  MEAN  AN  ENTITY HAVING AS A PRIMARY
PURPOSE THE PROMOTION, ADVANCEMENT  OR  SELF-REGULATION  OF  BUSINESSES,
INCLUDING  BUT NOT LIMITED TO A CORPORATION, UNINCORPORATED ASSOCIATION,
PARTNERSHIP, TRUST OR LIMITED LIABILITY COMPANY,  WHETHER  OR  NOT  SUCH
ENTITY IS ORGANIZED FOR PROFIT, NOT-FOR-PROFIT, BUSINESS OR NON-BUSINESS
PURPOSES.
  2.  WHENEVER  ANY  PERSON  OR  TRADE  ASSOCIATION MAKES AN INDEPENDENT
EXPENDITURE THAT COSTS MORE THAN ONE THOUSAND DOLLARS IN THE  AGGREGATE,
SUCH  COMMUNICATION  SHALL  CLEARLY  STATE  WHO  PAID  FOR, OR OTHERWISE
PUBLISHED OR DISTRIBUTED, THE COMMUNICATION AND STATE, WITH  RESPECT  TO
COMMUNICATIONS  REGARDING  CANDIDATES,  THAT  THE  COMMUNICATION  IS NOT
AUTHORIZED BY ANY CANDIDATE, ANY CANDIDATE'S POLITICAL COMMITTEE OR  ANY
OF  ITS  AGENTS.    A KNOWING AND WILLFUL VIOLATION OF THE PROVISIONS OF
THIS SUBDIVISION SHALL SUBJECT THE PERSON  OR  TRADE  ASSOCIATION  TO  A
CIVIL  PENALTY EQUAL TO ONE THOUSAND DOLLARS OR THE COST OF THE COMMUNI-
CATION, WHICHEVER IS GREATER, IN A SPECIAL PROCEEDING  OR  CIVIL  ACTION
BROUGHT  BY THE STATE BOARD OF ELECTIONS.  ANY ADVERTISEMENT PAID FOR BY
A TRADE ASSOCIATION SHALL DISCLOSE THE THREE CONTRIBUTORS  WHO  CONTRIB-
UTED THE MOST MONEY IN THE AGGREGATE TO SUCH TRADE ASSOCIATION SINCE THE
FIRST  OF  JANUARY  OF THE YEAR IN WHICH THE ADVERTISEMENT IS PUBLISHED,
PROVIDED FURTHER, THAT IF THE ADVERTISEMENT IS MADE WITH  RESPECT  TO  A
PRESIDENTIAL  PRIMARY  RACE,  THEN  IT  SHALL DISCLOSE THE TRADE ASSOCI-
ATION'S THREE LARGEST CONTRIBUTORS IN THE AGGREGATE SINCE THE  FIRST  OF
JULY OF THE YEAR PRIOR TO SUCH PRIMARY.
  3.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, THE ATTORNEY GENERAL
SHALL HAVE CONCURRENT JURISDICTION WITH ANY  DISTRICT  ATTORNEY  IN  THE
PROSECUTION  OF  ANY  OFFENSES  UNDER THIS SECTION RELATING TO DECEPTIVE
PRACTICES AS WELL AS ANY OFFENSES ARISING OUT OF SUCH PROSECUTION.
  S 2. This act shall take effect immediately.