senate Bill S166A

2013-2014 Legislative Session

Relates to political contributions

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 05, 2014 print number 166a
amend and recommit to elections
Jan 08, 2014 referred to elections
Jan 09, 2013 referred to elections

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S166 - Bill Details

Current Committee:
Law Section:
Election Law
Laws Affected:
Amd §14-116, El L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S30
2009-2010: S8395

S166 - Bill Texts

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Relates to political contributions by limited liability companies.

view sponsor memo
BILL NUMBER:S166

TITLE OF BILL:

An act
to amend the election law, in relation to political contributions

PURPOSE OR GENERAL IDEA OF BILL:

This bill would add Limited Liability Companies to section 14-116 of
the election law to provide that LLCs have the same $5000 limit for
making contributions to candidates, parties and political committees
per year, as do corporations currently.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds Limited Liability Companies to Election Law
§ 14-116 to provide that LLCs have the same $5000 contribution limit
per year as do corporations.

Section 2 of the bill is the effective date.

JUSTIFICATION:

The Election Law does not address the aggregate amount of political
contributions that an LLC may make to candidates, parties and
political committees in anyone year. As a result, the State Board of
Elections has opined that they should be treated as individuals for
purposes of a limit and, therefore, under current practice, an LLC is
allowed to make $150,000 in contributions in anyone year. This bill
would require that LLCs be treated like corporations, rather than
individuals, and therefore limited to $5,000 in annual contributions.

PRIOR LEGISLATIVE HISTORY:

2010: S.8395/A.11355-A
2012: Committee Discharged and Committed to Rules

EFFECTIVE DATE:

This bill shall take effect on the one hundred and eightieth day after
it shall have become a law.

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

                                   166

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. SQUADRON -- 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 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:
  S  14-116.  Political  contributions  by certain organizations. 1.  No
corporation, LIMITED LIABILITY COMPANY or joint-stock association  doing
business  in this state, except [a corporation 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 political party, committee or organiza-
tion,  or for, or in aid of, any corporation, LIMITED LIABILITY COMPANY,
joint-stock or other association 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, attorney or agent
of any corporation, LIMITED LIABILITY COMPANY or joint-stock association
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, AND ANY LIMITED LIABILITY COMPANY may make
expenditures, including contributions, not otherwise prohibited by  law,
for political purposes, in an amount not to exceed five thousand dollars

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00296-01-3

S. 166                              2

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.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

Co-Sponsors

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S166A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Election Law
Laws Affected:
Amd §14-116, El L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S30
2009-2010: S8395

S166A (ACTIVE) - Bill Texts

view summary

Relates to political contributions by limited liability companies.

view sponsor memo
BILL NUMBER:S166A

TITLE OF BILL: An act to amend the election law, in relation to
political contributions

PURPOSE OR GENERAL IDEA OF BILL:

This bill would add Limited Liability Companies to section 14-116 of
the election law to make limited liability companies subject to an
aggregate contribution limit which has been lowered from $5000 to
$1,000.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds Limited Liability Companies to Election Law
§ 14-116 to provide that LLCs are subject to an aggregate contribution
limit which has been lowered from $5000 to $1,000.

Section 2 of the bill is the effective date.

JUSTIFICATION:

The Election Law does not address the aggregate amount of political
contributions that an LLC may make to candidates, parties and
political committees in anyone year. As a result, the State Board of
Elections has opined that they should be treated as individuals for
purposes of a limit and, therefore, under current practice, an LLC is
allowed to make $150,000 in contributions in any one year.

By equating LLC's as corporations and simultaneously lowering the
contribution limits for both types of entities, this bill seeks to
further reform our campaign finance laws.

PRIOR LEGISLATIVE HISTORY:

2010: S.8395/A.11355-A
2012: Committee Discharged and Committed to Rules

EFFECTIVE DATE:

This bill shall take effect immediately.

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

                                 166--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  SQUADRON,  GIANARIS,  HOYLMAN  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Elections  --  recommitted to the Committee on Elections in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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:
  S 14-116. Political contributions by certain  organizations.  1.    No
corporation,  LIMITED LIABILITY COMPANY or joint-stock association doing
business in this state, except a corporation 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, LIMITED LIABILITY COMPANY, joint-stock or
other  association  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,  attorney  or  agent  of  any
corporation,  LIMITED LIABILITY COMPANY or joint-stock association 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00296-02-4

S. 166--A                           2

part,  by  such  corporation  may  make expenditures, including contrib-
utions, not otherwise prohibited by law, for political purposes,  in  an
amount not to exceed [five] ONE 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.
  S 2. This act shall take effect immediately.

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