Bill Text: NY S04549 | 2009-2010 | General Assembly | Amended
Bill Title: Reduces campaign contributions limits for candidates for election to public office or party position.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-03-10 - PRINT NUMBER 4549C [S04549 Detail]
Download: New_York-2009-S04549-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4549--C
2009-2010 Regular Sessions
I N S E N A T E
April 24, 2009
___________
Introduced by Sen. SQUADRON -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Elections in accordance with Senate Rule 6, sec. 8
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the election law, in relation to decreasing contribution
limitations; and to repeal subdivision 3 of section 14-124 of the
election law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 14-114 of the election law, as
2 amended by chapter 79 of the laws of 1992, paragraphs a and b as amended
3 by chapter 659 of the laws of 1994, is amended to read as follows:
4 1. The following limitations apply to all contributions to candidates
5 for election to any public office or for nomination for any such office,
6 or for election to any party positions, and to all contributions to
7 political committees working directly or indirectly with any candidate
8 to aid or participate in such candidate's nomination or election, other
9 than any contributions to any party committee or constituted committee:
10 a. In any election for a public office to be voted on by the voters of
11 the entire state, or for nomination to any such office, no contributor
12 may make a contribution to any candidate or political committee, and no
13 candidate or political committee may accept any contribution from any
14 contributor, which is in the aggregate amount greater than: (i) in the
15 case of any nomination to public office, the product of the total number
16 of enrolled voters in the candidate's party in the state, excluding
17 voters in inactive status, multiplied by $.005, but such amount shall be
18 not less than four thousand dollars nor more than [twelve] FIVE thousand
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00904-12-0
S. 4549--C 2
1 dollars as increased or decreased by the cost of living adjustment
2 described in paragraph c of this subdivision, and (ii) in the case of
3 any election to a public office, [twenty-five] FIVE thousand dollars as
4 increased or decreased by the cost of living adjustment described in
5 paragraph c of this subdivision[; provided however, that the maximum
6 amount which may be so contributed or accepted, in the aggregate, from
7 any candidate's child, parent, grandparent, brother and sister, and the
8 spouse of any such persons, shall not exceed in the case of any nomi-
9 nation to public office an amount equivalent to the product of the
10 number of enrolled voters in the candidate's party in the state, exclud-
11 ing voters in inactive status, multiplied by $.025, and in the case of
12 any election for a public office, an amount equivalent to the product of
13 the number of registered voters in the state excluding voters in inac-
14 tive status, multiplied by $.025].
15 b. In any other election for party position or for election to a
16 public office or for nomination for any such office, no contributor may
17 make a contribution to any candidate or political committee and no
18 candidate or political committee may accept any contribution from any
19 contributor, which is in the aggregate amount greater than: (i) in the
20 case of any election for party position, or for nomination to public
21 office, the product of the total number of enrolled voters in the candi-
22 date's party in the district in which he is a candidate, excluding
23 voters in inactive status, multiplied by $.05, and (ii) in the case of
24 any election for a public office, the product of the total number of
25 registered voters in the district, excluding voters in inactive status,
26 multiplied by $.05[,]; BUT IN NO EVENT SHALL ANY SUCH MAXIMUM EXCEED
27 THREE THOUSAND DOLLARS OR BE LESS THAN ONE THOUSAND DOLLARS; however in
28 the case of a nomination OR ELECTION within the city of New York for the
29 office of mayor, public advocate [or], comptroller, BOROUGH PRESIDENT OR
30 MEMBER OF THE CITY COUNCIL, such amount shall be [not less than four
31 thousand dollars nor more than twelve thousand dollars as increased or
32 decreased by the cost of living adjustment described in paragraph c of
33 this subdivision; in the case of an election within the city of New York
34 for the office of mayor, public advocate or comptroller, twenty-five
35 thousand dollars as increased or decreased by the cost of living adjust-
36 ment described in paragraph c of this subdivision] EQUAL TO THE CONTRIB-
37 UTION LIMITS SET FORTH IN PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION
38 3-703 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK; PROVIDED
39 HOWEVER in the case of a nomination OR ELECTION for state senator,
40 [four] TWO thousand FOUR HUNDRED dollars as increased or decreased by
41 the cost of living adjustment described in paragraph c of this subdivi-
42 sion; [in the case of an election for state senator, six thousand two
43 hundred fifty dollars as increased or decreased by the cost of living
44 adjustment described in paragraph c of this subdivision;] in the case of
45 [an election or] A nomination OR ELECTION for a member of the assembly,
46 [twenty-five hundred] TWO THOUSAND FOUR HUNDRED dollars as increased or
47 decreased by the cost of living adjustment described in paragraph c of
48 this subdivision[; but in no event shall any such maximum exceed fifty
49 thousand dollars or be less than one thousand dollars; provided however,
50 that the maximum amount which may be so contributed or accepted, in the
51 aggregate, from any candidate's child, parent, grandparent, brother and
52 sister, and the spouse of any such persons, shall not exceed in the case
53 of any election for party position or nomination for public office an
54 amount equivalent to the number of enrolled voters in the candidate's
55 party in the district in which he is a candidate, excluding voters in
56 inactive status, multiplied by $.25 and in the case of any election to
S. 4549--C 3
1 public office, an amount equivalent to the number of registered voters
2 in the district, excluding voters in inactive status, multiplied by
3 $.25; or twelve hundred fifty dollars, whichever is greater, or in the
4 case of a nomination or election of a state senator, twenty thousand
5 dollars, whichever is greater, or in the case of a nomination or
6 election of a member of the assembly twelve thousand five hundred
7 dollars, whichever is greater, but in no event shall any such maximum
8 exceed one hundred thousand dollars].
9 c. At the beginning of each fourth calendar year, commencing in [nine-
10 teen hundred ninety-five] TWO THOUSAND TWELVE, the state board shall
11 determine the percentage of the difference between the [most recent
12 available monthly] consumer price index for all urban consumers
13 published by the United States bureau of labor statistics and such
14 consumer price index published for the same month four years previously.
15 The amount of each contribution limit fixed in this subdivision shall be
16 adjusted by the amount of such percentage difference to the closest one
17 hundred dollars by the state board which, not later than the first day
18 of February in each such year, shall issue a regulation publishing the
19 amount of each such contribution limit. Each contribution limit as so
20 adjusted shall be the contribution limit in effect for any election held
21 before the next such adjustment.
22 S 2. Subdivision 8 of section 14-114 of the election law, as amended
23 by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
24 laws of 1978, is amended to read as follows:
25 8. A. Except as may otherwise be provided [for] BY a candidate [and
26 his family] FOR HIS OR HER OWN CAMPAIGN, no NATURAL person may contrib-
27 ute, loan or guarantee in excess of [one hundred fifty] TWENTY-FIVE
28 thousand dollars within the state OF NEW YORK IN ANY CALENDAR YEAR in
29 connection with the nomination or election of [persons to] CANDIDATES
30 FOR state [and] OR local public offices [and] OR party positions [within
31 the state of New York in any one calendar year].
32 B. For the purposes of this subdivision "loan" or "guarantee" shall
33 mean a loan or guarantee which is not repaid or discharged in the calen-
34 dar year in which it is made.
35 S 3. Subdivision 10 of section 14-114 of the election law, as added by
36 chapter 79 of the laws of 1992, is amended to read as follows:
37 10. a. No contributor may make a contribution to a party or consti-
38 tuted committee and no such committee may accept a contribution from any
39 contributor which, in the aggregate, is greater than [sixty-two] TWEN-
40 TY-FIVE thousand [five hundred] dollars per annum.
41 b. At the beginning of each fourth calendar year, commencing in [nine-
42 teen hundred ninety-five] TWO THOUSAND THIRTEEN, the state board shall
43 determine the percentage of the difference between the most recent
44 available monthly consumer price index for all urban consumers published
45 by the United States bureau of labor statistics and such consumer price
46 index published for the same month four years previously. The amount of
47 such contribution limit fixed in paragraph a of this subdivision shall
48 be adjusted by the amount of such percentage difference to the closest
49 one hundred dollars by the state board which, not later than the first
50 day of February in each such year, shall issue a regulation publishing
51 the amount of such contribution limit. Such contribution limit as so
52 adjusted shall be the contribution limit in effect for any election held
53 before the next such adjustment.
54 S 4. Subdivision 3 of section 14-124 of the election law is REPEALED.
55 S 5. This act shall take effect January 1, 2011; provided, that
56 contributions legally received prior to the effective date of this act
S. 4549--C 4
1 may be retained and expended for lawful purposes and shall not provide
2 the basis for a violation of article 14 of the election law, as amended
3 by this act; and provided, further, that the state board of elections
4 shall notify all candidates and political committees of the applicable
5 provisions of this act within thirty days after this act shall have
6 become a law.
