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


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 05, 2018 reported referred to ways and means
May 30, 2018 print number 10354b
May 30, 2018 amend and recommit to codes
May 25, 2018 print number 10354a
May 25, 2018 amend (t) and recommit to codes
Apr 24, 2018 reported referred to codes
Apr 17, 2018 referred to corporations, authorities and commissions

Co-Sponsors

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Multi-Sponsors

A10354 - Details

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

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.

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

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Multi-Sponsors

A10354A - Details

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

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.

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

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Multi-Sponsors

A10354B (ACTIVE) - Details

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

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.

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;