Assembly Bill A195

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

                                   195

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. GALEF -- read once and referred to the Committee
  on Election Law

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

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

                                                           LBD00480-01-1

A. 195                              2

  (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.
  (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.