S166-2013 Actions

• Jan 9, 2013: REFERRED TO ELECTIONS

S166-2013 Memo

BILL NUMBER:S166

TITLE OF BILL:

An act
to amend the election law, in relation to political contributions

PURPOSE OR GENERAL IDEA OF BILL:

This bill would add Limited Liability Companies to section 14-116 of
the election law to provide that LLCs have the same $5000 limit for
making contributions to candidates, parties and political committees
per year, as do corporations currently.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds Limited Liability Companies to Election Law
� 14-116 to provide that LLCs have the same $5000 contribution limit
per year as do corporations.

Section 2 of the bill is the effective date.

JUSTIFICATION:

The Election Law does not address the aggregate amount of political
contributions that an LLC may make to candidates, parties and
political committees in anyone year. As a result, the State Board of
Elections has opined that they should be treated as individuals for
purposes of a limit and, therefore, under current practice, an LLC is
allowed to make $150,000 in contributions in anyone year. This bill
would require that LLCs be treated like corporations, rather than
individuals, and therefore limited to $5,000 in annual contributions.

PRIOR LEGISLATIVE HISTORY:

2010: S.8395/A.11355-A
2012: Committee Discharged and Committed to Rules

EFFECTIVE DATE:

This bill shall take effect on the one hundred and eightieth day after
it shall have become a law.

S166-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     166

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by Sen. SQUADRON -- 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 political contributions

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Section 14-116 of the election law, subdivision 1 as redes-
  ignated 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:

    S  14-116.  Political  contributions  by certain organizations. 1.  No
  corporation, LIMITED LIABILITY COMPANY or joint-stock association  doing
  business  in this state, except [a corporation or association] AN ENTITY
  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 any political party, committee or organiza-
  tion,  or for, or in aid of, any corporation, LIMITED LIABILITY COMPANY,
  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 political  purpose  whatever,
  or  for the reimbursement or indemnification of any person for moneys or
  property so used. Any officer, director, stock-holder, attorney or agent
  of any corporation, LIMITED LIABILITY COMPANY or joint-stock association
  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 or an organization financially supported in whole or  in
  part,  by  such  corporation, AND ANY LIMITED LIABILITY COMPANY may make
  expenditures, including contributions, not otherwise prohibited by  law,
  for political purposes, in an amount not to exceed five thousand dollars

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00296-01-3

 S. 166                              2

  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.
    S 2. This act shall take effect on the one hundred eightieth day after
  it shall have become a law.