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Assembly Bill A10354B

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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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

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2017-A10354 - Details

See Senate Version of this Bill:
S8366
Current Committee:
Assembly Ways And Means
Law Section:
Tax Law
Laws Affected:
Amd §1116, Tax L
Versions Introduced in 2019-2020 Legislative Session:
A623, S1933, S4347

2017-A10354 - 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-A10354 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10354
 
                           I N  A S S E M B L Y
 
                              April 17, 2018
                                ___________
 
 Introduced  by  M.  of  A. PAULIN, BUCHWALD, GALEF, SEAWRIGHT, DINOWITZ,
   ZEBROWSKI, GOTTFRIED, SIMON, MAGNARELLI, FAHY, D'URSO, LIFTON,  BLAKE,
   MOSLEY  --  Multi-Sponsored  by  -- M. of A. COOK, LAWRENCE, THIELE --
   read once and referred to the Committee on  Corporations,  Authorities
   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

co-Sponsors

multi-Sponsors

2017-A10354A - Details

See Senate Version of this Bill:
S8366
Current Committee:
Assembly Ways And Means
Law Section:
Tax Law
Laws Affected:
Amd §1116, Tax L
Versions Introduced in 2019-2020 Legislative Session:
A623, S1933, S4347

2017-A10354A - 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-A10354A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10354--A
 
                           I N  A S S E M B L Y
 
                              April 17, 2018
                                ___________
 
 Introduced  by  M.  of  A. PAULIN, BUCHWALD, GALEF, SEAWRIGHT, DINOWITZ,
   ZEBROWSKI, GOTTFRIED, SIMON, MAGNARELLI, FAHY, D'URSO, LIFTON,  BLAKE,
   MOSLEY,  ABINANTI,  OTIS  --  Multi-Sponsored  by  --  M.  of A. COOK,
   LAWRENCE, THIELE -- read once and referred to the Committee on  Corpo-
   rations,  Authorities  and Commissions -- reported and referred to the
   Committee on Codes --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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 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

co-Sponsors

multi-Sponsors

2017-A10354B (ACTIVE) - Details

See Senate Version of this Bill:
S8366
Current Committee:
Assembly Ways And Means
Law Section:
Tax Law
Laws Affected:
Amd §1116, Tax L
Versions Introduced in 2019-2020 Legislative Session:
A623, S1933, S4347

2017-A10354B (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-A10354B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10354--B
 
                           I N  A S S E M B L Y
 
                              April 17, 2018
                                ___________
 
 Introduced  by  M.  of  A. PAULIN, BUCHWALD, GALEF, SEAWRIGHT, DINOWITZ,
   ZEBROWSKI, GOTTFRIED, SIMON, MAGNARELLI, FAHY, D'URSO, LIFTON,  BLAKE,
   MOSLEY,  ABINANTI,  OTIS  --  Multi-Sponsored  by  --  M.  of A. COOK,
   LAWRENCE, THIELE -- read once and referred to the Committee on  Corpo-
   rations,  Authorities  and Commissions -- reported and referred to the
   Committee on Codes --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended and recommitted to said committee
 
 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;

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