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

                                  8224

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 12, 2015
                               ___________

Introduced  by  M. of A. TEDISCO, FITZPATRICK, KOLB, MONTESANO -- Multi-
  Sponsored by -- M. of  A.  BARCLAY,  BUTLER,  CROUCH,  DUPREY,  FINCH,
  GIGLIO, GOODELL, HAWLEY, LOPEZ, McDONOUGH, McKEVITT, McLAUGHLIN, OAKS,
  RAIA,  SALADINO,  TENNEY,  THIELE  --  read  once  and referred to the
  Committee on Election Law

AN ACT to amend the election law, in relation to  establishing  that  no
  conduit or intermediary may contribute, loan or guarantee in excess of
  one  thousand dollars in connection with the nomination or election of
  any one candidate for state or local office within the  state  of  New
  York in any election cycle

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

  Section 1. Subdivision 8 of section 14-114 of  the  election  law,  as
amended  by  chapter 8 of the laws of 1978 and redesignated by chapter 9
of the laws of 1978, is amended to read as follows:
  8. A. Except as may otherwise be provided  for  a  candidate  and  his
family,  no  person  may  contribute, loan or guarantee in excess of one
hundred fifty thousand dollars within the state in connection  with  the
nomination  or election of persons to state and local public offices and
party positions within the state of New York in any one  calendar  year.
For  the purposes of this subdivision "loan" or "guarantee" shall mean a
loan or guarantee which is not repaid or discharged in the calendar year
in which it is made.
  B. NO CONDUIT OR INTERMEDIARY MAY CONTRIBUTE,  LOAN  OR  GUARANTEE  IN
EXCESS  OF  ONE  THOUSAND  DOLLARS  IN CONNECTION WITH THE NOMINATION OR
ELECTION OF ANY ONE CANDIDATE FOR STATE OR LOCAL OFFICE WITHIN THE STATE
OF NEW YORK IN ANY ELECTION CYCLE. FOR  PURPOSES  OF  THIS  SUBDIVISION,
"CONDUIT  OR INTERMEDIARY" MEANS ANY PERSON WHO RECEIVES AND FORWARDS AN
EARMARKED CONTRIBUTION  TO  A  CANDIDATE  OR  A  CANDIDATE'S  AUTHORIZED
COMMITTEE.    FOR  THE PURPOSES OF THIS PARAGRAPH, THE FOLLOWING PERSONS
SHALL NOT BE CONSIDERED TO BE CONDUITS OR INTERMEDIARIES:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11620-01-5
              

A. 8224                             2

  (I) AN INDIVIDUAL WHO IS AN EMPLOYEE OR A FULL-TIME VOLUNTEER  WORKING
FOR  THE  CANDIDATE'S AUTHORIZED COMMITTEE, PROVIDED THAT THE INDIVIDUAL
IS NOT ACTING IN HIS OR HER CAPACITY AS A REPRESENTATIVE  OF  AN  ENTITY
PROHIBITED FROM MAKING CONTRIBUTIONS;
  (II)  A  FUNDRAISING  REPRESENTATIVE CONDUCTING JOINT FUNDRAISING WITH
THE CANDIDATE'S AUTHORIZED COMMITTEE;
  (III) AN AFFILIATED COMMITTEE;
  (IV) A COMMERCIAL FUNDRAISING FIRM RETAINED BY THE  CANDIDATE  OR  THE
CANDIDATE'S AUTHORIZED COMMITTEE TO ASSIST IN FUNDRAISING; AND
  (V)  AN INDIVIDUAL WHO IS EXPRESSLY AUTHORIZED BY THE CANDIDATE OR THE
CANDIDATE'S AUTHORIZED COMMITTEE TO ENGAGE IN FUNDRAISING, AND WHO OCCU-
PIES A SIGNIFICANT POSITION WITHIN THE  CANDIDATE'S  CAMPAIGN  ORGANIZA-
TION,  PROVIDED THAT THE INDIVIDUAL IS NOT ACTING IN HIS OR HER CAPACITY
AS A REPRESENTATIVE OF AN ENTITY PROHIBITED FROM MAKING CONTRIBUTIONS.
  C. ANY PERSON WHO IS PROHIBITED FROM MAKING CONTRIBUTIONS OR  EXPENDI-
TURES  IN  CONNECTION  WITH AN ELECTION FOR STATE OR LOCAL PUBLIC OFFICE
SHALL BE PROHIBITED FROM ACTING AS A CONDUIT FOR CONTRIBUTIONS EARMARKED
TO CANDIDATES OR THEIR AUTHORIZED COMMITTEES.   THE PROVISIONS  OF  THIS
SUBDIVISION SHALL NOT RESTRICT THE ABILITY OF AN ORGANIZATION OR COMMIT-
TEE TO SERVE AS A COLLECTING AGENT FOR A POLITICAL ACTION COMMITTEE.
  D.  ANY  PERSON  WHO  RECEIVES AN EARMARKED CONTRIBUTION SHALL FORWARD
SUCH EARMARKED CONTRIBUTION TO THE CANDIDATE  OR  AUTHORIZED  COMMITTEE,
EXCEPT THAT:
  (I)  A  FUNDRAISING  REPRESENTATIVE SHALL FOLLOW THE JOINT FUNDRAISING
PROCEDURES SET FORTH AT 11 CFR 102.17; AND
  (II) A PERSON WHO IS PROHIBITED FROM ACTING AS A CONDUIT  PURSUANT  TO
PARAGRAPH  C OF THIS SUBDIVISION SHALL RETURN THE EARMARKED CONTRIBUTION
TO THE CONTRIBUTOR.
  E. (I) THE INTERMEDIARY OR CONDUIT OF THE EARMARKED CONTRIBUTION SHALL
REPORT THE ORIGINAL SOURCE AND THE  RECIPIENT  CANDIDATE  OR  AUTHORIZED
COMMITTEE  TO  THE STATE BOARD OF ELECTIONS, AND TO THE RECIPIENT CANDI-
DATE OR AUTHORIZED COMMITTEE.
  (II) THE REPORT TO THE STATE BOARD OF ELECTIONS SHALL BE  INCLUDED  IN
THE CONDUIT'S OR INTERMEDIARY'S REPORT FOR THE REPORTING PERIOD IN WHICH
THE EARMARKED CONTRIBUTION WAS RECEIVED.
  (III)  THE  REPORT  TO THE RECIPIENT CANDIDATE OR AUTHORIZED COMMITTEE
SHALL BE MADE WHEN THE EARMARKED CONTRIBUTION IS FORWARDED TO THE RECIP-
IENT CANDIDATE OR AUTHORIZED COMMITTEE.
  (IV) THE REPORT BY THE  CONDUIT  OR  INTERMEDIARY  SHALL  CONTAIN  THE
FOLLOWING INFORMATION:
  (A)  THE  NAME  AND  MAILING ADDRESS OF EACH CONTRIBUTOR AND, FOR EACH
EARMARKED CONTRIBUTION IN EXCESS OF ONE HUNDRED DOLLARS,  THE  CONTRIBU-
TOR'S OCCUPATION AND THE NAME OF HIS OR HER EMPLOYER;
  (B)  THE  AMOUNT  OF EACH EARMARKED CONTRIBUTION, THE DATE RECEIVED BY
THE CONDUIT, AND THE INTENDED RECIPIENT AS DESIGNATED BY  THE  CONTRIBU-
TOR; AND
  (C)  THE DATE EACH EARMARKED CONTRIBUTION WAS FORWARDED TO THE RECIPI-
ENT CANDIDATE OR AUTHORIZED COMMITTEE AND WHETHER THE EARMARKED CONTRIB-
UTION WAS FORWARDED IN CASH OR BY THE  CONTRIBUTOR'S  CHECK  OR  BY  THE
CONDUIT'S CHECK.
  (V)  FOR  EACH  EARMARKED CONTRIBUTION PASSED THROUGH THE CONDUIT'S OR
INTERMEDIARY'S ACCOUNT, THE INFORMATION SPECIFIED IN  SUBPARAGRAPH  (IV)
OF  THIS  PARAGRAPH  SHALL  BE  ITEMIZED ON THE APPROPRIATE SCHEDULES OF
RECEIPTS AND DISBURSEMENTS ATTACHED TO THE CONDUIT'S  OR  INTERMEDIARY'S
REPORT,  OR  SHALL  BE  DISCLOSED  BY  LETTER,  AS APPROPRIATE. FOR EACH
EARMARKED CONTRIBUTION FORWARDED IN THE FORM OF THE CONTRIBUTOR'S  CHECK

A. 8224                             3

OR  OTHER  WRITTEN INSTRUMENT, THE INFORMATION SPECIFIED IN SUBPARAGRAPH
(IV) OF THIS PARAGRAPH SHALL BE DISCLOSED AS A MEMO ENTRY ON THE  APPRO-
PRIATE SCHEDULES OF RECEIPTS AND DISBURSEMENTS ATTACHED TO THE CONDUIT'S
OR  INTERMEDIARY'S REPORT, OR SHALL BE DISCLOSED BY LETTER, AS APPROPRI-
ATE. FOR THE PURPOSES OF THIS SUBDIVISION, "EARMARKED"  MEANS  A  DESIG-
NATION,  INSTRUCTION OR ENCUMBRANCE, WHETHER DIRECT OR INDIRECT, EXPRESS
OR IMPLIED, ORAL OR WRITTEN, WHICH RESULTS IN  ALL  OR  ANY  PART  OF  A
CONTRIBUTION  OR  EXPENDITURE BEING MADE TO, OR EXPENDED ON BEHALF OF, A
CLEARLY IDENTIFIED CANDIDATE OR A CANDIDATE'S AUTHORIZED COMMITTEE.
  F. (I) THE RECIPIENT CANDIDATE OR AUTHORIZED  COMMITTEE  SHALL  REPORT
EACH CONDUIT OR INTERMEDIARY WHO FORWARDS ONE OR MORE EARMARKED CONTRIB-
UTIONS WHICH IN THE AGGREGATE EXCEED ONE HUNDRED DOLLARS IN ANY CALENDAR
YEAR.
  (II)  THE  REPORT  BY  THE RECIPIENT CANDIDATE OR AUTHORIZED COMMITTEE
SHALL CONTAIN THE FOLLOWING INFORMATION:
  (A) THE IDENTIFICATION OF THE CONDUIT OR INTERMEDIARY;
  (B) THE TOTAL AMOUNT OF  EARMARKED  CONTRIBUTIONS  RECEIVED  FROM  THE
CONDUIT OR INTERMEDIARY AND THE DATE OF RECEIPT;
  (C)  THE  INFORMATION  REQUIRED  UNDER 11 CFR 104.3(A) (3) AND (4) FOR
EACH EARMARKED CONTRIBUTION WHICH IN THE AGGREGATE EXCEEDS  ONE  HUNDRED
DOLLARS IN ANY CALENDAR YEAR; AND
  (D)  A  DESCRIPTION  OF  THE  BENEFITS  EARNED  BY THE INTERMEDIARY OR
CONDUIT FOR HIS OR HER EFFORTS, INCLUDING, BUT NOT LIMITED  TO,  SPECIAL
ACCESS  TO THE CANDIDATE OR A PUBLIC OFFICIAL; USE OF PUBLIC FACILITIES;
GIFTS; PREMIUMS; OR THE LIKE.
  (III) THE INFORMATION SPECIFIED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH
SHALL BE ITEMIZED ON A SCHEDULE TO BE ATTACHED TO  THE  REPORT  FOR  THE
REPORTING PERIOD IN WHICH THE EARMARKED CONTRIBUTION IS RECEIVED.
  G.  (I)  A  CONDUIT'S  OR  INTERMEDIARY'S  CONTRIBUTION LIMITS ARE NOT
AFFECTED BY THE FORWARDING OF AN EARMARKED CONTRIBUTION EXCEPT WHERE THE
CONDUIT OR INTERMEDIARY EXERCISES ANY  DIRECTION  OR  CONTROL  OVER  THE
CHOICE OF THE RECIPIENT CANDIDATE.
  (II)  IF  A CONDUIT OR INTERMEDIARY EXERCISES ANY DIRECTION OR CONTROL
OVER THE CHOICE OF THE RECIPIENT CANDIDATE, THE  EARMARKED  CONTRIBUTION
SHALL  BE CONSIDERED A CONTRIBUTION BY BOTH THE ORIGINAL CONTRIBUTOR AND
THE CONDUIT OR INTERMEDIARY. IF THE CONDUIT  OR  INTERMEDIARY  EXERCISES
ANY DIRECTION OR CONTROL OVER THE CHOICE OF THE RECIPIENT CANDIDATE, THE
REPORT  FILED BY THE CONDUIT OR INTERMEDIARY AND THE REPORT FILED BY THE
RECIPIENT CANDIDATE OR AUTHORIZED  COMMITTEE  SHALL  INDICATE  THAT  THE
EARMARKED  CONTRIBUTION IS MADE BY BOTH THE ORIGINAL CONTRIBUTOR AND THE
CONDUIT OR INTERMEDIARY, AND THAT THE ENTIRE AMOUNT OF THE  CONTRIBUTION
IS ATTRIBUTED TO EACH.
  S 2. This act shall take effect immediately.