S T A T E O F N E W Y O R K
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1581
2017-2018 Regular Sessions
I N A S S E M B L Y
January 12, 2017
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Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the business corporation law, in relation to requiring
notice for political expenditures
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The business corporation law is amended by adding a new
section 521 to read as follows:
§ 521. POLITICAL EXPENDITURES.
(A) FOR PURPOSES OF THIS SECTION, "POLITICAL EXPENDITURE" MEANS A
CONTRIBUTION, GIFT, TRANSFER, DISBURSEMENT, OR PROMISE OF MONEY OR A
THING OF VALUE TO PROMOTE OR ASSIST IN THE PROMOTION OF THE SUCCESS OR
DEFEAT OF A CANDIDATE, POLITICAL PARTY, OR QUESTION IN ANY STATE OR
FEDERAL ELECTION. (1) WITHIN FORTY-EIGHT HOURS AFTER MAKING A POLITICAL
EXPENDITURE, THE CORPORATION SHALL: (A) GIVE NOTICE OF THE POLITICAL
EXPENDITURE BY ELECTRONIC TRANSMISSION TO EACH STOCKHOLDER THAT HAS
REQUESTED NOTICE AND (B) IF THE CORPORATION MAINTAINS A WEB SITE, POST
NOTICE OF THE POLITICAL EXPENDITURE ON THE WEBSITE.
(2) THE NOTICE SHALL STATE THE AMOUNT, RECIPIENT, DATE, AND PURPOSE OF
THE POLITICAL EXPENDITURE.
(B) THE ANNUAL REPORT OF THE CORPORATION SHALL CONTAIN A LIST OF ALL
POLITICAL EXPENDITURES MADE BY THE CORPORATION DURING THE REPORTING
PERIOD, INCLUDING THE AMOUNT, RECIPIENT, DATE, AND PURPOSE OF EACH POLI-
TICAL EXPENDITURE.
(C) WHENEVER IT APPEARS TO THE ATTORNEY GENERAL THAT ANY PERSON HAS
ENGAGED IN ANY ACT OR PRACTICE CONSTITUTING A VIOLATION OF ANY PROVISION
OF THIS SECTION, THE ATTORNEY GENERAL MAY BRING AN ACTION TO OBTAIN ONE
OR MORE OF THE FOLLOWING REMEDIES:
(1) A TEMPORARY RESTRAINING ORDER;
(2) A TEMPORARY OR PERMANENT INJUNCTION;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03376-01-7
A. 1581 2
(3) A CIVIL PENALTY NOT EXCEEDING FIVE THOUSAND DOLLARS FOR ANY
VIOLATION OF THIS SECTION;
(4) A DECLARATORY JUDGEMENT;
(5) RESCISSION;
(6) RESTITUTION; AND
(7) ANY OTHER APPROPRIATE RELIEF.
§ 2. This act shall take effect immediately.