The New York State Senate

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

                                 9758--A

                          I N  A S S E M B L Y

                            February 5, 2018
                               ___________

Introduced  by M. of A. SIMON -- read once and referred to the Committee
  on  Election  Law  --  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:
  § 14-116. Political contributions by certain  organizations.  1.    No
corporation  [or], LIMITED LIABILITY COMPANY, joint-stock association OR
OTHER CORPORATE ENTITY doing business in this  state,  except  a  corpo-
ration  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, OR OTHER
CORPORATE ENTITY 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, MEMBER, OWNER, attorney or
agent of any corporation [or], LIMITED  LIABILITY  COMPANY,  joint-stock
association  OR  OTHER  CORPORATE  ENTITY  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 know-
ingly 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, ANY LIMITED LIABILITY COMPANY OR OTHER CORPO-
RATE  ENTITY  may make expenditures, including contributions, not other-
wise prohibited by law, for political purposes,  in  an  amount  not  to
exceed  five  thousand  dollars  in  the aggregate in any calendar year;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD00443-03-8

A. 9758--A                          2

provided that no public utility shall use  revenues  received  from  the
rendition of public service within the state for contributions for poli-
tical purposes unless such cost is charged to the shareholders of such a
public service corporation.
  3.  EACH LIMITED LIABILITY COMPANY THAT MAKES AN EXPENDITURE FOR POLI-
TICAL PURPOSES SHALL FILE WITH THE STATE BOARD OF ELECTIONS, BY DECEMBER
THIRTY-FIRST OF THE YEAR IN WHICH THE EXPENDITURE IS MADE, ON  THE  FORM
PRESCRIBED  BY  THE STATE BOARD OF ELECTIONS, THE IDENTITY OF ALL DIRECT
AND INDIRECT OWNERS OF THE MEMBERSHIP INTERESTS IN THE LIMITED LIABILITY
COMPANY AND THE PROPORTION OF EACH DIRECT OR INDIRECT MEMBER'S OWNERSHIP
INTEREST IN THE LIMITED LIABILITY COMPANY.
  § 2. Section 14-120 of the election law is amended  by  adding  a  new
subdivision 3 to read as follows:
  3. (A) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ALL CONTRIBUTIONS MADE
TO  A  CAMPAIGN  OR  POLITICAL  COMMITTEE BY A LIMITED LIABILITY COMPANY
SHALL BE ATTRIBUTED TO EACH MEMBER OF THE LIMITED LIABILITY  COMPANY  IN
PROPORTION  TO  THE MEMBER'S OWNERSHIP INTEREST IN THE LIMITED LIABILITY
COMPANY.
  (B) IF, BY  APPLICATION  OF  PARAGRAPH  (A)  OF  THIS  SUBDIVISION,  A
CAMPAIGN  CONTRIBUTION IS ATTRIBUTED TO A LIMITED LIABILITY COMPANY, THE
CONTRIBUTIONS SHALL BE FURTHER ATTRIBUTED TO EACH MEMBER OF THE  LIMITED
LIABILITY  COMPANY  IN  PROPORTION TO THE MEMBER'S OWNERSHIP INTEREST IN
THE LIMITED LIABILITY COMPANY.
  (C) THE STATE BOARD OF ELECTIONS SHALL ENACT REGULATIONS THAT  PREVENT
THE  AVOIDANCE  OF THE RULES SET FORTH IN PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION.
  § 3. This act shall take effect on the seventh day after it shall have
become a law.