NY State Senate Bill 2017-S3239

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to elections
Jan 20, 2017	referred to elections

2017-S3239 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§14-107, 14-114 & 14-116, El L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7837
2019-2020: S2350

2017-S3239 (ACTIVE) - Summary

Relates to media disclosure requirements and political contributions; requires disclosure of the amount of money, if any, received by a person making an independent expenditure and its contributors and the contributor's owners and members, from state or other public entities within New York state during the prior calendar year; removes cost of living from factors; limits the amount of certain contributions.

2017-S3239 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3239

 TITLE OF BILL :

An act to amend the election law, in relation to media disclosure
requirements and political contribution limitations

 PURPOSE OR GENERAL IDEA OF BILL :

To add increased transparency and disclosure to the election process,
limit contributions for entities other than individuals and reduce
contribution limits for individuals.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1- amends subdivision 2 of paragraph(c) of section 14-107 of
the Election Law to require additional disclosure and transparency as
to the real interest of those sponsoring independent expenditures in
connection with election campaigns.

Section 2 amends subdivision 1 of section 14-114 of the Election Law
to delete COLA language that has allowed contribution limits to
steadily increase without responsible consideration, and reduces the
maximum contribution for other public offices not otherwise enumerated
in the section to twenty-five thousand dollars.

Section 3 - amends subdivision 10 of section 14-114 of the Election
Law to remove current COLA language that has allowed contributions to
parties or constituted committees to increase without responsible
consideration, and to reduce the contribution limits to parties and
constituted committees to twenty-five thousand dollars.

Section 4 - amends section 14-116 of the Election Law to expand the
list of entities that are restricted to total annual campaign
donations to New York candidates of $5,000 per year to include not
only corporations and joint-stock associations, but also LLC's,
unincorporated business entities, labor organizations, associations,
groups, organizations, committees or political committees, other than
party committees, both within or without the state.

Section 5 - provides that if any part of the act shall be adjudged as
unconstitutional or invalid, the remaining portions shall be deemed
null and void.

Section 6 - provides that the act shall take effect one hundred eighty
days after it shall have become law, but that effective immediately,
amendment and/or repeal of any rule or regulation necessary for the
implementation of the act on its effective date is authorized to be
made on or before such effective date.

 JUSTIFICATION :

Transparency is critical to the democratic process.  Each election
cycle, voters are bombarded with campaign ads that do not clearly
identify the true interest of the sponsor. This bill will provide
voters with more information so that they may better understand the
issues and candidates as they prepare to cast their vote on Election
Day. In addition, concern has been expressed about the amount of money
being donated generally, and in particular by entities other than
individual voters. This bill would eliminate the current practice of
allowing political donations by individuals to increase with the cost
of living without any responsible consideration as to the effect of
these increases, and further restrict political donations by various
business and other artificial entities.


The effect of this bill would be to give more information to voters,
reduce the impact of money on elections and curtail the often
unidentifiable money that has been flowing to campaigns from
artificial entities.

 PRIOR LEGISLATIVE HISTORY :

2015-16 -- ELECTIONS

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect one hundred eighty days after it shall have
become law, but effective immediately, amendment and/or repeal of any
rule or regulation necessary for the implementation of the act on its
effective date is authorized to be made on or before such effective
date.

2017-S3239 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3239
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
   when printed to be committed to the Committee on Elections
 
 AN ACT to amend the  election  law,  in  relation  to  media  disclosure
   requirements and political contribution limitations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 14-107 of  the  election  law,  as
 added  by  section  2  of  part A of chapter 286 of the laws of 2016, is
 amended to read as follows:
   2. Whenever any person makes an independent expenditure that costs one
 thousand dollars or more in  the  aggregate,  such  communication  shall
 clearly  state  the  name  of  the  person  who  paid  for, or otherwise
 published or distributed the communication [and], state, with respect to
 communications regarding candidates,  that  the  communication  was  not
 expressly  authorized  or  requested  by any candidate, or by any candi-
 date's political committee or any of its agents AND  SHALL  IN  ADDITION
 DISCLOSE  THE  NAMES  OF  THE FIVE CONTRIBUTORS MAKING THE LARGEST TOTAL
 CONTRIBUTIONS TO THE PERSON MAKING THE INDEPENDENT  EXPENDITURE,  OR  IF
 THERE  ARE  FEWER  THAN FIVE CONTRIBUTORS, THE NAMES OF ALL CONTRIBUTORS
 DURING THE PRIOR TWELVE MONTHS. AT A MINIMUM SUCH DISCLOSURE SHALL READ:
 "THIS COMMUNICATION HAS BEEN SPONSORED BY ----. THIS  COMMUNICATION  WAS
 NOT EXPRESSLY AUTHORIZED OR REQUESTED BY ANY CANDIDATE, OR BY ANY CANDI-
 DATE'S  POLITICAL  COMMITTEE OR ANY OF ITS AGENTS. THE NAMES OF THE FIVE
 LARGEST CONTRIBUTORS TO THE SPONSOR DURING THE PAST TWELVE  MONTHS  ARE:
 --------".
   §  2.  Subdivision 1 of section 14-114 of the election law, as amended
 by chapter 79 of the laws of 1992, paragraphs a  and  b  as  amended  by
 chapter 659 of the laws of 1994, is amended to read as follows:
   1.  The following limitations apply to all contributions to candidates
 for election to any public office or for nomination for any such office,
 or for election to any party positions,  and  to  all  contributions  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06127-02-7

 S. 3239                             2
 
 political  committees  working directly or indirectly with any candidate
 to aid or participate in such candidate's nomination or election,  other
 than any contributions to any party committee or constituted committee:
   a. In any election for a public office to be voted on by the voters of
 the  entire  state, or for nomination to any such office, no contributor
 may make a contribution to any candidate or political committee, and  no
 candidate  or  political  committee may accept any contribution from any
 contributor, which is in the aggregate amount greater than:  (i) in  the
 case of any nomination to public office, the product of the total number
 of  enrolled  voters  in  the  candidate's party in the state, excluding
 voters in inactive status, multiplied by $.005, but such amount shall be
 not less than four  thousand  dollars  nor  more  than  twelve  thousand
 dollars  [as  increased  or  decreased  by the cost of living adjustment
 described in paragraph c of this subdivision], and (ii) in the  case  of
 any  election  to  a  public  office,  twenty-five  thousand dollars [as
 increased or decreased by the cost of  living  adjustment  described  in
 paragraph  c  of  this  subdivision]; provided however, that the maximum
 amount which may be so contributed or accepted, in the  aggregate,  from
 any  candidate's child, parent, grandparent, brother and sister, and the
 spouse of any such persons, shall not exceed in the case  of  any  nomi-
 nation  to  public  office  an  amount  equivalent to the product of the
 number of enrolled voters in the candidate's party in the state, exclud-
 ing voters in inactive status, multiplied by $.025, and in the  case  of
 any election for a public office, an amount equivalent to the product of
 the  number  of registered voters in the state excluding voters in inac-
 tive status, multiplied by $.025.
   b. In any other election for party  position  or  for  election  to  a
 public  office or for nomination for any such office, no contributor may
 make a contribution to any  candidate  or  political  committee  and  no
 candidate  or  political  committee may accept any contribution from any
 contributor, which is in the aggregate amount greater than: (i)  in  the
 case  of  any  election  for party position, or for nomination to public
 office, the product of the total number of enrolled voters in the candi-
 date's party in the district in  which  he  is  a  candidate,  excluding
 voters  in  inactive status, multiplied by $.05, and (ii) in the case of
 any election for a public office, the product of  the  total  number  of
 registered  voters in the district, excluding voters in inactive status,
 multiplied by $.05, however in the case of a nomination within the  city
 of  New  York  for  the office of mayor, public advocate or comptroller,
 such amount shall be not less than four thousand dollars nor  more  than
 twelve thousand dollars [as increased or decreased by the cost of living
 adjustment described in paragraph c of this subdivision]; in the case of
 an  election within the city of New York for the office of mayor, public
 advocate or comptroller, twenty-five thousand dollars [as  increased  or
 decreased  by  the cost of living adjustment described in paragraph c of
 this subdivision]; in the case of a nomination for state  senator,  four
 thousand  dollars  [as  increased  or  decreased  by  the cost of living
 adjustment described in paragraph c of this subdivision]; in the case of
 an election for state senator, six thousand two  hundred  fifty  dollars
 [as increased or decreased by the cost of living adjustment described in
 paragraph  c  of  this subdivision]; in the case of an election or nomi-
 nation for a member of the assembly,  twenty-five  hundred  dollars  [as
 increased  or  decreased  by  the cost of living adjustment described in
 paragraph c of this subdivision]; but in no event shall any such maximum
 exceed [fifty] TWENTY-FIVE thousand dollars or be less than one thousand
 dollars; provided however, that the  maximum  amount  which  may  be  so

 S. 3239                             3
 
 contributed  or  accepted, in the aggregate, from any candidate's child,
 parent, grandparent, brother and sister, and  the  spouse  of  any  such
 persons, shall not exceed in the case of any election for party position
 or  nomination  for  public office an amount equivalent to the number of
 enrolled voters in the candidate's party in the district in which he  is
 a candidate, excluding voters in inactive status, multiplied by $.25 and
 in  the  case  of any election to public office, an amount equivalent to
 the number of registered voters in the  district,  excluding  voters  in
 inactive  status,  multiplied  by $.25; or twelve hundred fifty dollars,
 whichever is greater, or in the case of a nomination or  election  of  a
 state  senator, twenty thousand dollars, whichever is greater, or in the
 case of a nomination or election of a  member  of  the  assembly  twelve
 thousand  five  hundred  dollars,  whichever is greater, but in no event
 shall any such maximum exceed one hundred thousand dollars.
   [c. At the beginning of each fourth calendar year, commencing in nine-
 teen hundred ninety-five, the state board shall determine the percentage
 of the difference between the most  recent  available  monthly  consumer
 price  index  for  all  urban  consumers  published by the United States
 bureau of labor statistics and such consumer price index  published  for
 the  same  month  four years previously. The amount of each contribution
 limit fixed in this subdivision shall be adjusted by the amount of  such
 percentage  difference  to  the closest one hundred dollars by the state
 board which, not later than the first day of February in each such year,
 shall issue a regulation publishing the amount of each such contribution
 limit. Each contribution limit as so adjusted shall be the  contribution
 limit in effect for any election held before the next such adjustment.]
   § 3. Subdivision 10 of section 14-114 of the election law, as added by
 chapter 79 of the laws of 1992, is amended to read as follows:
   10.  [a.] No contributor may make a contribution to a party or consti-
 tuted committee and no such committee may accept a contribution from any
 contributor which, in the aggregate, is greater than  [sixty-two]  TWEN-
 TY-FIVE thousand [five hundred] dollars per annum.
   [b. At the beginning of each fourth calendar year, commencing in nine-
 teen hundred ninety-five, the state board shall determine the percentage
 of  the  difference  between  the most recent available monthly consumer
 price index for all urban  consumers  published  by  the  United  States
 bureau  of  labor statistics and such consumer price index published for
 the same month four years previously. The amount  of  such  contribution
 limit  fixed in paragraph a of this subdivision shall be adjusted by the
 amount of such percentage difference to the closest one hundred  dollars
 by  the  state  board which, not later than the first day of February in
 each such year, shall issue a regulation publishing the amount  of  such
 contribution  limit. Such contribution limit as so adjusted shall be the
 contribution limit in effect for any election held before the next  such
 adjustment.]
   § 4. Section 14-116 of the election law, subdivision 1 as redesignated
 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,
 UNINCORPORATED  BUSINESS ENTITY, LABOR ORGANIZATION, ASSOCIATION, GROUP,
 ORGANIZATION, COMMITTEE OR  POLITICAL  COMMITTEE,  OTHER  THAN  A  PARTY
 COMMITTEE,  doing  business [in] WITHIN OR WITHOUT this state, [except a
 corporation  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

 S. 3239                             4

 any CANDIDATE, political party, committee or organization, or for, or in
 aid  of,  any corporation, joint-stock or other association 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 poli-
 tical  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], LIMIT-
 ED LIABILITY COMPANY, joint-stock association,  UNINCORPORATED  BUSINESS
 ENTITY,  LABOR ORGANIZATION, ASSOCIATION, GROUP, ORGANIZATION, COMMITTEE
 OR POLITICAL COMMITTEE, OTHER THAN A  PARTY  COMMITTEE,  DOING  BUSINESS
 WITHIN  OR  WITHOUT  THIS  STATE 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  knowingly  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, LIMITED  LIABILITY  COMPANY,  JOINT-STOCK  ASSOCIATION,
 UNINCORPORATED  BUSINESS ENTITY, LABOR ORGANIZATION, ASSOCIATION, GROUP,
 ORGANIZATION, COMMITTEE OR  POLITICAL  COMMITTEE,  OTHER  THAN  A  PARTY
 COMMITTEE,  DOING  BUSINESS WITHIN OR WITHOUT THIS STATE or an organiza-
 tion financially supported in whole or in part[,] by  ANY  such  [corpo-
 ration]  ENTITY  may  make  expenditures,  including  contributions, not
 otherwise prohibited by law, for political purposes, in an amount not to
 exceed five thousand dollars in the  aggregate  in  any  calendar  year;
 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.
   § 5. If any part or provision of this act is adjudged by  a  court  of
 competent  jurisdiction to be unconstitutional or otherwise invalid, the
 remaining portions of this act shall be deemed null and void.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be made on or
 before such effective date.

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Senate Bill S3239

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

2017-S3239 (ACTIVE) - Details

2017-S3239 (ACTIVE) - Summary

2017-S3239 (ACTIVE) - Sponsor Memo

2017-S3239 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3239

Share this bill

Sponsored By

Michael H. Ranzenhofer

Archive: Last Bill Status - In Senate Committee Elections Committee

2017-S3239 (ACTIVE) - Details

2017-S3239 (ACTIVE) - Summary

2017-S3239 (ACTIVE) - Sponsor Memo

2017-S3239 (ACTIVE) - Bill Text download pdf

Comments