Assembly Bill A2147

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2147
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced   by   M.  of  A.  KAVANAGH,  MONTESANO,  PAULIN,  O'DONNELL,
   SEAWRIGHT, CAHILL, GOTTFRIED, SKOUFIS, GALEF -- Multi-Sponsored by  --
   M.  of  A.  GLICK, McLAUGHLIN, THIELE -- read once and referred to the
   Committee on Election Law
 
 AN ACT to amend the election law, in relation to contribution activities
   by an intermediary

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "Campaign
 finance intermediary disclosure act."
   § 2. Section 14-100 of the election law is amended by adding three new
 subdivisions 1-a, 17 and 17-a to read as follows:
   1-A. "AUTHORIZED COMMITTEE" MEANS ANY POLITICAL  COMMITTEE  DESIGNATED
 BY A CANDIDATE TO RECEIVE CONTRIBUTIONS AUTHORIZED BY THIS ARTICLE OR TO
 AID  SUCH  CANDIDATE  OR OTHERWISE TAKE PART IN ELECTIONS ON SUCH CANDI-
 DATE'S BEHALF.
   17. "INTERMEDIARY"  MEANS  AN  INDIVIDUAL,  CORPORATION,  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, AUTHORIZED COMMITTEE OR PARTY COMMITTEE; OR
   (B) SOLICITS CONTRIBUTIONS TO A  CANDIDATE,  AUTHORIZED  COMMITTEE  OR
 PARTY  COMMITTEE  WHERE  SUCH  SOLICITATION  IS KNOWN TO SUCH CANDIDATE,
 AUTHORIZED COMMITTEE OR PARTY COMMITTEE. FOR PURPOSES OF THIS PARAGRAPH,
 ONLY PERSONS CLEARLY IDENTIFIED AS THE SOLICITOR OF  A  CONTRIBUTION  TO
 THE CANDIDATE, AUTHORIZED COMMITTEE OR PARTY COMMITTEE SHALL BE PRESUMED
 TO BE KNOWN TO SUCH CANDIDATE, AUTHORIZED COMMITTEE OR PARTY COMMITTEE.
   17-A.  "INTERMEDIARY"  SHALL  NOT  INCLUDE SPOUSES, DOMESTIC PARTNERS,
 PARENTS, CHILDREN OR SIBLINGS OF THE PERSON MAKING SUCH CONTRIBUTION, OR
 ANY EMPLOYEE  OR  FULL-TIME  VOLUNTEER  CAMPAIGN  WORKER  OR  COMMERCIAL
 FUNDRAISING FIRM RETAINED BY THE CANDIDATE OR THE AGENTS THEREOF.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01927-01-7

 A. 2147                             2
 
   §  3.  The  election  law is amended by adding a new section 14-105 to
 read as follows:
   §  14-105.  INTERMEDIARIES.  1.  REPORTS  BY  INTERMEDIARIES. FOR EACH
 CONTRIBUTION DELIVERED BY AN INTERMEDIARY, SUCH INTERMEDIARY SHALL INDI-
 CATE TO THE RECIPIENT CANDIDATE, AUTHORIZED COMMITTEE OR PARTY COMMITTEE
 THE NAME AND MAILING ADDRESS OF THE CONTRIBUTOR, AMOUNT OF THE  CONTRIB-
 UTION, AND THE DATE THE CONTRIBUTION WAS RECEIVED BY THE INTERMEDIARY.
   2.  REPORTS  BY  RECIPIENT  CANDIDATES, AUTHORIZED COMMITTEES OR PARTY
 COMMITTEES. ANY CANDIDATE, AUTHORIZED COMMITTEE OR PARTY COMMITTEE SHALL
 REPORT TO THE STATE BOARD OF ELECTIONS ANY INTERMEDIARY WHO DELIVERS  OR
 SOLICITS  CONTRIBUTIONS  THAT  IN  THE  AGGREGATE  EQUAL  OR EXCEED FIVE
 HUNDRED DOLLARS. SUCH REPORT SHALL INCLUDE THE  NAME,  MAILING  ADDRESS,
 OCCUPATION,  EMPLOYER AND EMPLOYER'S ADDRESS OF SUCH INTERMEDIARY, WHICH
 CONTRIBUTIONS REQUIRED TO BE ITEMIZED UNDER SECTION 14-102 OF THIS ARTI-
 CLE THE INTERMEDIARY DELIVERED OR  SOLICITED,  AND  THE  TOTAL  MONETARY
 VALUE OF CONTRIBUTIONS DELIVERED OR SOLICITED BY SUCH INTERMEDIARY.
   3.  CONTRIBUTIONS DELIVERED BY AN INTERMEDIARY TO A CANDIDATE, AUTHOR-
 IZED COMMITTEE OR PARTY COMMITTEE IN ACCORDANCE WITH THIS SECTION  SHALL
 BE DEEMED TO BE CONTRIBUTIONS FROM THE CONTRIBUTOR ONLY AND SHALL NOT BE
 DEEMED TO BE CONTRIBUTIONS FROM THE INTERMEDIARY.
   §  4.  This  act  shall  take  effect  January 14, 2018, provided that
 section three of this act shall apply to any contribution received on or
 after January 14, 2018; and 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  effective  immediately  the  state  board  of
 elections  is  authorized and directed to promulgate any rules necessary
 to implement the provisions of this act and shall notify all  candidates
 and  political committees of the applicable provisions of this act on or
 before such effective date.