Senate Bill S8366A

2017-2018 Legislative Session

Restricts certain corporations from participating or intervening in any political campaign on behalf of or in opposition to any candidate for public office

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Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2017-S8366 - Details

See Assembly Version of this Bill:
A10354
Current Committee:
Senate Elections
Law Section:
Tax Law
Laws Affected:
Amd §1116, Tax L
Versions Introduced in 2017-2018 Legislative Session:
S8366, A10354

2017-S8366 - Summary

Restricts certain corporations from participating or intervening in any political campaign on behalf of or in opposition to any candidate for public office.

2017-S8366 - Sponsor Memo

2017-S8366 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8366
 
                             I N  S E N A T E
 
                                May 3, 2018
                                ___________
 
 Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
   when printed to be committed to the Committee on Corporations, Author-
   ities and Commissions
 
 AN ACT to amend the not-for-profit corporation law, in relation to limi-
   tations on political activity
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  204  of  the  not-for-profit corporation law, as
 amended by chapter 549 of the laws  of  2013,  is  amended  to  read  as
 follows:
 § 204. Limitation on activities.
   (A)  Notwithstanding  any other provision of this chapter or any other
 general law, a corporation of any kind to  which  this  chapter  applies
 shall  conduct  no  activities  for  pecuniary profit or financial gain,
 whether or not in furtherance of its corporate purposes, except  to  the
 extent  that  such  activity  supports  its other lawful activities then
 being conducted.
   (B) A CORPORATION OF ANY KIND TO WHICH THIS CHAPTER APPLIES SHALL  NOT
 PARTICIPATE  IN,  OR  INTERVENE IN (INCLUDING THE PUBLISHING OR DISTRIB-
 UTION OF STATEMENTS), ANY POLITICAL CAMPAIGN ON BEHALF OF  OR  IN  OPPO-
 SITION TO ANY CANDIDATE FOR PUBLIC OFFICE.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15437-01-8



              

2017-S8366A (ACTIVE) - Details

See Assembly Version of this Bill:
A10354
Current Committee:
Senate Elections
Law Section:
Tax Law
Laws Affected:
Amd §1116, Tax L
Versions Introduced in 2017-2018 Legislative Session:
S8366, A10354

2017-S8366A (ACTIVE) - Summary

Restricts certain corporations from participating or intervening in any political campaign on behalf of or in opposition to any candidate for public office.

2017-S8366A (ACTIVE) - Sponsor Memo

2017-S8366A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8366--A
 
                             I N  S E N A T E
 
                                May 3, 2018
                                ___________
 
 Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
   when printed to be committed to the Committee on Corporations, Author-
   ities and Commissions -- reported favorably from  said  committee  and
   committed  to the Committee on Elections -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT  to  amend  the tax law, in relation to limitations on political
   activity
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph 4 of subdivision (a) of section 1116 of the tax
 law, as amended by chapter 270 of the laws of 2001, is amended  to  read
 as follows:
   (4)  Any  corporation,  association,  trust, or community chest, fund,
 foundation, or limited liability company, organized and operated  exclu-
 sively for religious, charitable, scientific, testing for public safety,
 literary or educational purposes, or to foster national or international
 amateur  sports  competition  (but  only  if  no  part of its activities
 involve the provision of athletic facilities or equipment), or  for  the
 prevention  of  cruelty to children or animals, no part of the net earn-
 ings of which inures to the benefit of any private shareholder or  indi-
 vidual,  no  substantial  part of the activities of which is carrying on
 propaganda, or otherwise attempting to influence legislation, (except as
 otherwise provided in subsection (h) of section five hundred one of  the
 United  States  internal revenue code of nineteen hundred fifty-four, as
 amended), and which does not participate in, or intervene in  (including
 the publishing or distributing of statements), any political campaign on
 behalf  of  OR  IN  OPPOSITION  TO  any candidate for public office. THE
 PROVISIONS OF THIS PARAGRAPH REGARDING POLITICAL CAMPAIGN ACTIVITY SHALL
 BE INTERPRETED IN THE SAME MANNER AS SECTION  501(C)(3)  OF  THE  UNITED
 STATES  INTERNAL  REVENUE  CODE HAS BEEN INTERPRETED AS OF THE EFFECTIVE
 DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND  EIGHTEEN  THAT  AMENDED
 THIS PARAGRAPH;
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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