NY State Senate Bill 2019-S3096

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 08, 2020	referred to elections
Feb 04, 2019	referred to elections

2019-S3096 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §14-105, El L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5565
2011-2012: S1559
2013-2014: S2539
2015-2016: S2845
2017-2018: S3056
2021-2022: S352
2023-2024: S1806

2019-S3096 (ACTIVE) - Summary

Regulates political contribution activities by intermediaries; requires that when contributions made by an intermediary to a candidate or a committee are over $1,000, the name, occupation and address of each contributor shall be disclosed.

2019-S3096 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3096

SPONSOR: ADDABBO
 
TITLE OF BILL:

An act to amend the election law, in relation to contribution activities
by an intermediary

 
PURPOSE:

This bill is designed to provide for the disclosure of intermediaries
such as bundlers, as well as the source and amount of the contributions
they deliver, and the employment information of contributors of $100 or
more.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the Election Law to add a new section 14-105, in which
subdivision one defines an "intermediary" as an individual or one of
several types of organizations that delivers contributions from another
to a candidate or authorized committee, or solicits contributions to a

candidate or authorized committee with the knowledge of the candidate or
his or her authorized committee. Family members, campaign workers and
commercial fundraising firms retained by the candidate are excluded from
this definition.

Subdivision two requires that when an intermediary delivers contrib-
utions of more than $1000, it must provide the name, mailing address and
occupation of any contributor of over $99, and if the contribution is
two hundred dollars or more, then it must also provide the name and
address of the contributor's employer. The intermediary is also required
to provide the total amount of contributions of $99 or less.

Subdivision three requires the candidate, his or her authorized commit-
tee, or the party committee to report to the state board of elections
any intermediary who delivers contributions totaling one thousand
dollars or more.

Subdivision four provides for the state board of elections to provide
for reporting of the intermediary's name, mailing address, occupation
and employer, and the total amount of contributions he or she delivers.

Section 2: Provides that the Act takes effect sixty days after it
becomes a law.

 
EXISTING LAW:

Under the existing law, there is no requirement for the disclosure of
such intermediaries and their fundraising activities.

 
JUSTIFICATION:

Currently, bundlers and other intermediaries, who solicit contributions
on behalf of a candidate, are not subject to disclosure of the amounts
they raise, unlike under Federal law. They also are not required to
report who employs them. Given the high campaign contribution limits in
New York, complete disclosure is all the more important, as the public
should have access to information that might reveal activities and
involvements that lend themselves to attempts to influence legislation.
In 2007, New York received a grade of "C" from the Campaign Disclosure
project because of its campaign finance disclosure laws.

 
LEGISLATIVE HISTORY:

2017: S. 3056 - Referred to Elections.
2018: S. 3056 - Referred to Elections.

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill is effective on January 1, 2021, with provisions.

2019-S3096 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3096
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2019
                                ___________
 
 Introduced  by  Sen. ADDABBO -- 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 contribution activities
   by an intermediary
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. The election law is amended by adding a new section 14-105
 to read as follows:
   § 14-105.  CONTRIBUTION DELIVERY ACTIVITIES BY AN INTERMEDIARY. 1. FOR
 PURPOSES OF THIS SECTION  "INTERMEDIARY"  MEANS  AN  INDIVIDUAL,  CORPO-
 RATION, PARTNERSHIP, POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER
 ENTITY WHICH:
   (A) OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY
 OR  MESSENGER  SERVICE, DELIVERS ANY CONTRIBUTION FROM ANOTHER PERSON OR
 ENTITY TO A CANDIDATE OR AUTHORIZED COMMITTEE; OR
   (B) SOLICITS CONTRIBUTIONS TO A CANDIDATE OR OTHER AUTHORIZED  COMMIT-
 TEE  WHERE  SUCH  SOLICITATION  IS KNOWN TO SUCH CANDIDATE OR HIS OR HER
 AUTHORIZED COMMITTEE. FOR  PURPOSES  OF  THIS  PARAGRAPH,  ONLY  PERSONS
 CLEARLY  IDENTIFIED  AS THE SOLICITOR OF A CONTRIBUTION TO THE CANDIDATE
 OR HIS OR HER AUTHORIZED COMMITTEE SHALL BE PRESUMED TO BE KNOWN TO SUCH
 CANDIDATE OR HIS OR HER AUTHORIZED COMMITTEE. "INTERMEDIARY"  SHALL  NOT
 INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS, CHILDREN OR SIBLINGS OF THE
 PERSON  MAKING  SUCH  CONTRIBUTION,  OR  ANY PAID OR VOLUNTEER FULL-TIME
 CAMPAIGN WORKERS OR COMMERCIAL FUNDRAISING FIRMS RETAINED BY THE  CANDI-
 DATE AND THE AGENTS THEREOF.
   2. WHEN CONTRIBUTIONS TOTALING ONE THOUSAND DOLLARS OR MORE ARE DELIV-
 ERED  BY  THE INTERMEDIARY TO THE RECIPIENT CANDIDATE, AUTHORIZED CANDI-
 DATE COMMITTEE OR PARTY COMMITTEE, THE INTERMEDIARY  SHALL  INDICATE  IN
 WRITING  TO  THE  RECIPIENT CANDIDATE, AUTHORIZED CANDIDATE COMMITTEE OR
 PARTY COMMITTEE THE FOLLOWING INFORMATION:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06781-01-9

 S. 3096                             2
 
   (A) THE NAME, MAILING ADDRESS AND OCCUPATION OF EACH  CONTRIBUTOR  WHO
 MAKES  A  CONTRIBUTION  OVER NINETY-NINE DOLLARS, AND THE AMOUNT OF EACH
 CONTRIBUTION, AND FOR EACH CONTRIBUTION OF TWO HUNDRED DOLLARS OR  MORE,
 THE NAME AND ADDRESS OF SUCH CONTRIBUTOR'S EMPLOYER;
   (B) THE TOTAL AGGREGATE AMOUNT OF CONTRIBUTIONS OF NINETY-NINE DOLLARS
 OR LESS; AND
   (C) THE DATE THE CONTRIBUTION WAS RECEIVED BY THE INTERMEDIARY AND THE
 DATE  THE  CONTRIBUTIONS  WERE  DELIVERED  TO  THE  RECIPIENT CANDIDATE,
 AUTHORIZED CANDIDATE COMMITTEE OR PARTY COMMITTEE.
   3. THE RECIPIENT CANDIDATE, AUTHORIZED CANDIDATE  COMMITTEE  OR  PARTY
 COMMITTEE  SHALL REPORT TO THE STATE BOARD OF ELECTIONS THE INTERMEDIARY
 WHO DELIVERS CONTRIBUTIONS TOTALING ONE THOUSAND DOLLARS OR MORE ON  THE
 STATEMENTS REQUIRED BY THIS ARTICLE.
   4.  THE  STATE BOARD OF ELECTIONS SHALL PROVIDE A SECTION FOR INTERME-
 DIARY REPORTING AS REQUIRED BY THIS SECTION, WHICH SHALL INCLUDE:
   (A) THE NAME, MAILING ADDRESS, OCCUPATION AND EMPLOYER OF THE INTERME-
 DIARY; AND
   (B) THE TOTAL AMOUNT OF CONTRIBUTIONS DELIVERED BY THE INTERMEDIARY TO
 THE CANDIDATE, THE CANDIDATE'S AUTHORIZED COMMITTEE OR A  PARTY  COMMIT-
 TEE.
   §  2.  This act shall take effect January 1, 2021.  Provided, however,
 that contributions legally received prior to the effective date of  this
 act  may  be  retained  and  expended  for lawful purposes and shall not
 provide the basis for a violation of article 14 of the election law,  as
 amended  by  this  act;  and  provided, further, that the state board of
 elections shall notify all candidates and political  committees  of  the
 applicable  provisions  of  this  act  within thirty days after this act
 shall have become a law.

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Senate Bill S3096

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

2019-S3096 (ACTIVE) - Details

2019-S3096 (ACTIVE) - Summary

2019-S3096 (ACTIVE) - Sponsor Memo

2019-S3096 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3096

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Sponsored By

Joseph P. Addabbo Jr.

Archive: Last Bill Status - In Senate Committee Elections Committee

2019-S3096 (ACTIVE) - Details

2019-S3096 (ACTIVE) - Summary

2019-S3096 (ACTIVE) - Sponsor Memo

2019-S3096 (ACTIVE) - Bill Text download pdf

Comments