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

                                  6023

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Rules

AN ACT to amend the election law, in  relation  to  lowering  individual
  contribution limits

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

  Section 1.  Subdivision 1 of section 14-100 of the  election  law,  as
amended  by  chapter  71  of  the  laws  of  1988, is amended to read as
follows:
  1. "political  committee"  means  any  [corporation]  BUSINESS  ENTITY
aiding  or promoting and any committee, political club or combination of
one or more persons operating or co-operating to aid or to  promote  the
success  or  defeat  of a political party or principle, or of any ballot
proposal; or to aid or take part in the election or defeat of  a  candi-
date  for public office or to aid or take part in the election or defeat
of a candidate for nomination  at  a  primary  election  or  convention,
including all proceedings prior to such primary election, or of a candi-
date  for  any party position voted for at a primary election, or to aid
or defeat the nomination by petition of  an  independent  candidate  for
public  office; OR ANY POLITICAL ACTION COMMITTEE ESTABLISHED, FINANCED,
MAINTAINED OR CONTROLLED BY ANY BUSINESS ENTITY, LABOR  ORGANIZATION  OR
ANY  OTHER  PERSON  OR  ENTITY WHICH MAKES NO EXPENDITURE TO AID OR TAKE
PART IN THE ELECTION OR DEFEAT OF A CANDIDATE, OTHER THAN IN THE FORM OF
CONTRIBUTIONS; but nothing in this article shall apply to any  committee
or organization for the discussion or advancement of political questions
or  principles without connection with any vote or to a national commit-
tee organized for the  election  of  presidential  or  vice-presidential
candidates;  provided,  however, that a person or [corporation] BUSINESS
ENTITY making a contribution or contributions to a candidate or a  poli-
tical committee which has filed pursuant to section 14-118 shall not, by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12091-03-9
              

S. 6023                             2

that  fact  alone,  be  deemed  to  be  a  political committee as herein
defined.
  S 2. Section 14-100 of the election law is amended by adding three new
subdivisions 12, 13 and 14 to read as follows:
  12.  "RELATED  LIMITED  LIABILITY  COMPANY"  MEANS A LIMITED LIABILITY
COMPANY THAT IS AN AFFILIATE OF A  CORPORATION  WITHIN  THE  MEANING  OF
PARAGRAPH (A) OF SECTION NINE HUNDRED TWELVE OF THE BUSINESS CORPORATION
LAW. AS USED IN THIS ARTICLE, CORPORATION MEANS BOTH A FOR-PROFIT CORPO-
RATION  WITHIN  THE  MEANING  OF  SUBPARAGRAPH  FOUR OF PARAGRAPH (A) OF
SECTION ONE HUNDRED TWO OF THE BUSINESS CORPORATION LAW  AS  WELL  AS  A
NONPROFIT  CORPORATION  WITHIN THE MEANING OF SUBPARAGRAPH FIVE OF PARA-
GRAPH (A) OF SECTION ONE HUNDRED TWO OF THE  NOT-FOR-PROFIT  CORPORATION
LAW.
  13.  (1)  "RELATED  LIMITED  LIABILITY  PARTNERSHIP,"  CONSISTENT WITH
SECTION TEN OF THE PARTNERSHIP LAW, MEANS A PARTNERSHIP WITHOUT  LIMITED
PARTNERS  OPERATING  UNDER  AN  AGREEMENT  GOVERNED  BY THE LAWS OF THIS
STATE, WHICH (A) IS NOT A PROFESSIONAL PARTNERSHIP UNDER  THIS  SECTION,
(B) IS AFFILIATED WITH A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY,
FOREIGN  PROFESSIONAL  SERVICE  LIMITED  LIABILITY COMPANY, PROFESSIONAL
SERVICE CORPORATION, FOREIGN PROFESSIONAL  SERVICE  CORPORATION,  REGIS-
TERED  LIMITED  LIABILITY PARTNERSHIP THAT IS A PROFESSIONAL PARTNERSHIP
UNDER THIS SECTION OR A  FOREIGN  LIMITED  LIABILITY  PARTNERSHIP  UNDER
CLAUSE  (I)  OR (II) OF THE EIGHTH UNDESIGNATED PARAGRAPH OF SECTION TWO
OF THE PARTNERSHIP LAW, AND (C) RENDERS SERVICES RELATED OR COMPLEMENTA-
RY TO THE PROFESSIONAL SERVICES RENDERED BY,  OR  PROVIDES  SERVICES  OR
FACILITIES  TO,  SUCH  PROFESSIONAL  SERVICE  LIMITED LIABILITY COMPANY,
FOREIGN PROFESSIONAL SERVICE  LIMITED  LIABILITY  COMPANY,  PROFESSIONAL
SERVICE  CORPORATION,  FOREIGN  PROFESSIONAL SERVICE CORPORATION, REGIS-
TERED LIMITED LIABILITY PARTNERSHIP OR FOREIGN LIMITED  LIABILITY  PART-
NERSHIP.
  (2) FOR PURPOSES OF THIS SUBDIVISION, SUCH A PARTNERSHIP IS AFFILIATED
WITH  A  PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, FOREIGN PROFES-
SIONAL SERVICE LIMITED LIABILITY COMPANY,  PROFESSIONAL  SERVICE  CORPO-
RATION,  FOREIGN  PROFESSIONAL  SERVICE  CORPORATION, REGISTERED LIMITED
LIABILITY PARTNERSHIP OR FOREIGN LIMITED LIABILITY PARTNERSHIP IF (A) AT
LEAST A MAJORITY OF PARTNERS IN ONE  PARTNERSHIP  ARE  PARTNERS  IN  THE
OTHER PARTNERSHIP, (B) AT LEAST A MAJORITY OF THE PARTNERS IN EACH PART-
NERSHIP  ALSO  ARE  PARTNERS, HOLD INTERESTS OR ARE MEMBERS IN A LIMITED
LIABILITY COMPANY OR OTHER BUSINESS ENTITY, AND EACH PARTNERSHIP RENDERS
SERVICES PURSUANT TO AN AGREEMENT WITH SUCH LIMITED LIABILITY COMPANY OR
OTHER BUSINESS ENTITY, OR (C) THE PARTNERSHIPS OR  THE  PARTNERSHIP  AND
SUCH  PROFESSIONAL  SERVICE  LIMITED  LIABILITY  COMPANY,  SUCH  FOREIGN
PROFESSIONAL  SERVICE  LIMITED  LIABILITY  COMPANY,  SUCH   PROFESSIONAL
SERVICE  CORPORATION,  OR  SUCH FOREIGN PROFESSIONAL SERVICE CORPORATION
ARE AFFILIATES WITHIN THE MEANING  OF  PARAGRAPH  (A)  OF  SECTION  NINE
HUNDRED TWELVE OF THE BUSINESS CORPORATION LAW.
  14. "SINGLE SOURCE" MEANS ANY PERSON, PERSONS IN COMBINATION, OR ENTI-
TY  WHO  OR WHICH ESTABLISHES, MAINTAINS, OR CONTROLS ANOTHER ENTITY AND
EVERY ENTITY SO ESTABLISHED, MAINTAINED, OR CONTROLLED, INCLUDING  EVERY
POLITICAL  COMMITTEE  ESTABLISHED, MAINTAINED, OR CONTROLLED BY THE SAME
PERSON, PERSONS IN COMBINATION, OR ENTITY. IF A CANDIDATE  ACCEPTS  MORE
THAN  ONE  CONTRIBUTION FROM A SINGLE SOURCE, THE CONTRIBUTIONS SHALL BE
TOTALED TO DETERMINE THE PARTICIPANT'S OR  CANDIDATE'S  COMPLIANCE  WITH
THE  APPLICABLE CONTRIBUTION LIMIT. A GENERAL PARTNER OR GENERAL MANAGER
AND EACH PARTNERSHIP AND LIMITED LIABILITY COMPANY IT CONTROLS SHALL  BE
PRESUMED, IN THE ABSENCE OF EVIDENCE DEMONSTRATING THE CONTRARY, TO BE A

S. 6023                             3

SINGLE SOURCE FOR THE PURPOSE OF COMPLIANCE WITH THE APPLICABLE CONTRIB-
UTION LIMIT.
  S  3.  The  election  law is amended by adding a new section 14-105 to
read as follows:
  S 14-105.  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:
  (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 CONTRIBUTIONS WERE 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.
  S 4. 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
to  aid or participate in such candidate's nomination or election, other
than any contributions to any party committee or constituted committee:

S. 6023                             4

  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 ONE
HUNDRED dollars as increased or decreased by the cost of living  adjust-
ment  described in paragraph c of this subdivision, and (ii) in the case
of any election to a public office, twenty-five thousand  THREE  HUNDRED
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  nomination to public office an amount equivalent to the product
of the number of enrolled voters in the candidate's party in the  state,
excluding  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 inactive 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[,]; BUT IN NO EVENT SHALL ANY SUCH MAXIMUM EXCEED TEN
THOUSAND  DOLLARS  OR  BE LESS THAN ONE THOUSAND DOLLARS; however in the
case of a nomination OR ELECTION within the city of  New  York  for  the
office of mayor, public advocate [or], comptroller, BOROUGH PRESIDENT OR
MEMBER  OF  THE  CITY  COUNCIL, 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 adjust-
ment described in paragraph c of this subdivision] EQUAL TO THE CONTRIB-
UTION  LIMITS  SET  FORTH IN PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION
3-703 OF THE ADMINISTRATIVE CODE OF  THE  CITY  OF  NEW  YORK;  PROVIDED
HOWEVER  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] A nomination OR
ELECTION for a member of the assembly, [twenty-five hundred]  TWO  THOU-
SAND  THREE  HUNDRED  dollars  as  increased or decreased by the cost of
living adjustment described in paragraph c of this subdivision[; but  in

S. 6023                             5

no event shall any such maximum exceed fifty 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,  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] TWO THOUSAND THIRTEEN, 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  5.  Subdivisions  1  and  2  of 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, are amended
and a new subdivision 3 is added to read as follows:
  1.  No  corporation  [or],  joint-stock association, LIMITED LIABILITY
COMPANY, PROFESSIONAL LIMITED LIABILITY COMPANY, PARTNERSHIP OR  LIMITED
LIABILITY  PARTNERSHIP  doing  business  in this state, except [a corpo-
ration or association] AN ENTITY 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 poli-
tical party, committee or organization,  or  for,  or  in  aid  of,  any
[corporation,  joint-stock  or  other  association]  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 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, PARTNER, attorney or  agent  of  any  corporation  [or],
joint-stock association, LIMITED LIABILITY COMPANY, PROFESSIONAL LIMITED
LIABILITY  COMPANY,  PARTNERSHIP  OR LIMITED LIABILITY PARTNERSHIP 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 or an organization financially supported in whole or  in
part,  by  such  corporation,  OR ANY LIMITED LIABILITY COMPANY, PROFES-

S. 6023                             6

SIONAL LIMITED LIABILITY COMPANY, PARTNERSHIP OR LIMITED LIABILITY PART-
NERSHIP 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 political purposes
unless such cost is charged to the shareholders of such a public service
corporation.
  3. FOR THE PURPOSES OF SUBDIVISION TWO OF THIS  SECTION,  ALL  OF  THE
COMPONENT MEMBERS OF A CONTROLLED GROUP OF CORPORATIONS WITHIN THE MEAN-
ING  OF  SECTION  ONE  THOUSAND FIVE HUNDRED SIXTY-THREE OF THE INTERNAL
REVENUE CODE OF THE UNITED STATES SHALL BE DEEMED TO BE ONE CORPORATION,
AND PROVIDED FURTHER, CONTRIBUTIONS GIVEN BY A SUBSIDIARY  OF  A  CORPO-
RATION  THAT  IS  WHOLLY  OR  IN  PART  CONTROLLED BY THE CORPORATION, A
RELATED  LIMITED  LIABILITY  PARTNERSHIP  THAT  IS  WHOLLY  OR  IN  PART
CONTROLLED  BY  THE  CORPORATION, OR A RELATED LIMITED LIABILITY COMPANY
THAT IS WHOLLY OR IN PART CONTROLLED BY THE CORPORATION, ARE  DEEMED  TO
BE  A  CONTRIBUTION  BY  THE CORPORATION. ALL SINGLE SOURCES OF CONTRIB-
UTIONS, INCLUDING FROM AFFILIATED CORPORATE ENTITIES, WITHIN THE MEANING
OF PARAGRAPH (A) OF SECTION NINE HUNDRED TWELVE OF THE  BUSINESS  CORPO-
RATION LAW, TOGETHER MAY MAKE 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.
  S 6. Subdivision 1 of section 14-118 of the election law,  as  amended
by chapter 70 of the laws of 1983, is amended to read as follows:
  1.  Every political committee shall have a treasurer and a depository,
and shall cause the treasurer to keep detailed, bound  accounts  of  all
receipts, transfers, loans, liabilities, contributions and expenditures,
made  by  the committee or any of its officers, members or agents acting
under its authority or  in  its  behalf.  All  such  accounts  shall  be
retained  by a treasurer for a period of five years from the date of the
filing of the final statement with  respect  to  the  election,  primary
election  or  convention  to which they pertain.   No officer, member or
agent of any political committee shall receive any receipt, transfer  or
contribution,  or  make any expenditure or incur any liability until the
committee shall have chosen a treasurer and depository and  filed  their
names  in accordance with this subdivision.  There shall be filed in the
office in which the committee is required to file its  statements  under
section  14-110  of this article, within five days after the choice of a
treasurer and depository, a statement giving the name and address of the
treasurer chosen, the name and address of any person authorized to  sign
checks  by such treasurer, the name and address of the depository chosen
and the candidate or candidates or  ballot  proposal  or  proposals  the
success  or  defeat  of  which  the  committee  is  to aid or take part;
provided, however, that such  statement  shall  not  be  required  of  a
constituted  committee  [and provided further that a political committee
which makes no expenditures, to aid or take  part  in  the  election  or
defeat  of  a  candidate, other than in the form of contributions, shall
not be required to list the candidates being  supported  or  opposed  by
such committee].  SUCH A STATEMENT FROM ANY COMMITTEE OTHER THAN A PARTY
OR  AUTHORIZED  COMMITTEE  ALSO  SHALL  CLEARLY IDENTIFY THE ECONOMIC OR
OTHER SPECIAL INTEREST, IF IDENTIFIABLE, OF A MAJORITY OF ITS  CONTRIBU-
TORS,  AND  IF  A  MAJORITY OF ITS CONTRIBUTORS SHARE A COMMON EMPLOYER,
SHALL IDENTIFY SUCH EMPLOYER. IF THE ECONOMIC OR OTHER SPECIAL  INTEREST
OR  COMMON EMPLOYER ARE NOT IDENTIFIABLE, SUCH STATEMENT OF A MULTI-CAN-
DIDATE COMMITTEE SHALL CLEARLY IDENTIFY THE ECONOMIC  OR  OTHER  SPECIAL

S. 6023                             7

INTEREST,  IF  IDENTIFIABLE,  OF  A MAJORITY OF ITS ORGANIZERS, AND IF A
MAJORITY OF ITS ORGANIZERS SHARE A COMMON EMPLOYER, SHALL IDENTIFY  SUCH
EMPLOYER,  AND  IF ORGANIZED, CONTROLLED OR MAINTAINED BY AN INDIVIDUAL,
SHALL  IDENTIFY  SUCH  INDIVIDUAL. Such statement shall be signed by the
treasurer and all other persons authorized to sign checks. Any change in
the information required in any  statement  shall  be  reported,  in  an
amended  statement filed in the same manner and in the same office as an
original statement filed under this section, within two  days  after  it
occurs.  Only  a  banking organization authorized to do business in this
state may be designated a depository hereunder.
  S 7. Subdivision 2 of section 14-120 of the election law, as added  by
chapter  79  of  the laws of 1992, is amended and a new subdivision 3 is
added to read as follows:
  2. Notwithstanding subdivision one of this section, a partnership,  as
defined  in  section  ten  of  the partnership law, [may be considered a
separate entity for the purposes of this section, and as such] may  make
contributions  in  the name of said partnership without attributing such
contributions to the individual members of the partnership provided that
any such contribution made by a partnership to a candidate or to a poli-
tical committee, shall not exceed[, twenty-five hundred dollars. In  the
event  that such partnership contribution to any such candidate or poli-
tical committee  exceeds  twenty-five  hundred  dollars,  the  aggregate
amount  of  such  contribution shall be attributed to each partner whose
share of the contribution exceeds  ninety-nine  dollars]  FIVE  THOUSAND
DOLLARS.  ANY PARTNERSHIP THAT IS RELATED TO A CORPORATION WILL HAVE ITS
CONTRIBUTIONS  AGGREGATED WITH THAT RELATED CORPORATION FOR THE PURPOSES
OF CALCULATING THE CONTRIBUTIONS GIVEN.  INDIVIDUALS MAY NOT ESTABLISH A
PARTNERSHIP, AS DEFINED IN SECTION TEN OF THE PARTNERSHIP LAW,  FOR  THE
SOLE  PURPOSE  OF  EVADING  THE CONTRIBUTION LIMITS THAT WOULD OTHERWISE
APPLY TO SUCH INDIVIDUAL.
  3. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, EVERY CONTRIBUTION
MADE BY A LIMITED LIABILITY COMPANY IS CONSIDERED TO BE  A  CONTRIBUTION
BY THE LIMITED LIABILITY COMPANY AS A WHOLE.  INDIVIDUALS MAY NOT ESTAB-
LISH  A  LIMITED  LIABILITY  COMPANY FOR THE SOLE PURPOSE OF EVADING THE
CONTRIBUTION LIMITS THAT WOULD OTHERWISE APPLY TO SUCH INDIVIDUAL.
  S 8. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph,  subdivision,  section  or
part thereof directly involved in the controversy in which such judgment
shall  have been rendered. It is hereby declared to be the intent of the
legislature that this act would have been enacted even if  such  invalid
provisions had not been included herein.
  S  9.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided, however, that all amendments to article  14
of  the  election law made by this act, which establish new contribution
limits, shall take effect  January  1,  2010;  provided,  further,  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.