S T A T E O F N E W Y O R K
________________________________________________________________________
3683
2019-2020 Regular Sessions
I N A S S E M B L Y
January 30, 2019
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to the classification of
certain components of a controlled group of corporations as a single
entity for purposes of calculating contribution limits, and requiring
the identification of the interests of certain contributors
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 14-116 of the election law, as
amended by chapter 260 of the laws of 1981, is amended to read as
follows:
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 may make expenditures, including contrib-
utions, 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 political purposes unless such cost is charged to the
shareholders of such a public service corporation. FOR THE PURPOSES OF
THIS SUBDIVISION, ALL THE COMPONENT MEMBERS OF A CONTROLLED GROUP OF
CORPORATIONS WITHIN THE MEANING OF SECTION ONE THOUSAND FIVE HUNDRED
SIXTY-THREE OF THE INTERNAL REVENUE CODE OF THE UNITED STATES SHALL BE
DEEMED TO BE ONE CORPORATION.
§ 2. Subdivision 1 of section 14-118 of the election law, as amended
by section 9 of part A of chapter 286 of the laws of 2016, is amended to
read as follows:
1. Every political committee shall have a treasurer and a depository,
and shall cause the treasurer to keep detailed, bound accounts of all
receipts, transfers, loans, liabilities, contributions and expenditures,
made by the committee or any of its officers, members or agents acting
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00754-01-9
A. 3683 2
under its authority or in its behalf. All such accounts shall be
retained by a treasurer for a period of five years from the date of the
filing of the final statement with respect to the election, primary
election or convention to which they pertain. No officer, member or
agent of any political committee shall receive any receipt, transfer or
contribution, or make any expenditure or incur any liability until the
committee shall have chosen a treasurer and depository and filed their
names in accordance with this subdivision. There shall be filed in the
office in which the committee is required to file its statements under
section 14-110 of this article, within five days after the choice of a
treasurer and depository, a statement giving the name and address of the
treasurer chosen, the name and address of any person authorized to sign
checks by such treasurer, the name and address of the depository chosen
and the candidate or candidates or ballot proposal or proposals the
success or defeat of which the committee is to aid or take part;
provided, however, that such statement shall not be required of a
constituted committee and provided further that a political action
committee which makes no expenditures, to aid or take part in the
election or defeat of a candidate, other than in the form of contrib-
utions, shall not be required to list the candidates being supported or
opposed by such committee and shall also disclose the name and employer
for any individual who exerts operational control over the political
action committee as well as any salaried employee of the political
action committee. SUCH A STATEMENT FROM ANY COMMITTEE OTHER THAN A
PARTY OR AUTHORIZED COMMITTEE ALSO SHALL CLEARLY IDENTIFY THE ECONOMIC
OR OTHER SPECIAL INTEREST, IF IDENTIFIABLE, OF A MAJORITY OF ITS
CONTRIBUTORS, AND IF A MAJORITY OF ITS CONTRIBUTORS SHARE A COMMON
EMPLOYER, SHALL IDENTIFY THE EMPLOYER. IF THE ECONOMIC OR OTHER SPECIAL
INTEREST OR COMMON EMPLOYER ARE NOT IDENTIFIABLE, SUCH STATEMENT OF A
MULTI-CANDIDATE COMMITTEE SHALL CLEARLY IDENTIFY THE ECONOMIC OR OTHER
SPECIAL INTEREST, IF IDENTIFIABLE, OF A MAJORITY OF ITS ORGANIZERS, AND
IF A MAJORITY OF ITS ORGANIZERS SHARE A COMMON EMPLOYER, SHALL IDENTIFY
THE EMPLOYER, AND IF ORGANIZED, CONTROLLED OR MAINTAINED BY AN INDIVID-
UAL, SHALL IDENTIFY THAT INDIVIDUAL. Such statement shall be signed by
the treasurer and all other persons authorized to sign checks. Any
change in the information required in any statement shall be reported,
in an amended statement filed in the same manner and in the same office
as an original statement filed under this section, within two days after
it occurs, except that any change to the mailing address on any such
statement filed at the state board may also be made in any manner deemed
acceptable by the state board. Only a banking organization authorized to
do business in this state may be designated a depository hereunder.
§ 3. This act shall take effect immediately.