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.
TITLE OF BILL: An act to amend the education law, in relation to the disclosure of gifts made to institutions of higher education by foreign governments, persons and entities
PURPOSE: This bill clarifies and adds enforcement provisions to existing statutory requirements regarding the disclosure of gifts made to higher education institutions by foreign entities as defined by law.
SUMMARY OF PROVISIONS:
Section 207-a of the education law currently requires that any higher education institution in New York State disclose any gift and/or requirements attached to gifts valued at more than 5100,000 to the State Education Department within 30 days after the end of that institution's fiscal yea. It also requires additional information regarding the amount and date of the gift, conditions and matching requirements, if any, along with the name of the foreign entity, as defined in law.
New provisions added in this bill under Section 207-a(2),(4),(5) require that any foundation associated with the institution also be subject to these reporting requirements. The law imposes a fine of not less than $1,000 and not more than S5,000 per each occurrence if an audit determines that the institution has not complied with this statutory reporting requirement. In addition, the amendments stipulate that upon a second instance of non-compliance by an institution such school would be required to comply with the provisions of Section 172-a through 172-b of the Executive Law governing the solicitation and collection of funds for charitable organizations.
JUSTIFICATION: Colleges and Universities have always accepted financial assistance from a variety of sources. These funds have been used to support any number of research endeavors in every field of study imaginable. However. state policy under Section 207-a requires that such gifts be disclosed upon request of the public. Unfortunately, requests for this information by the Senate Higher Education Committee revealed compliance with existing law has been inconsistent and the management of the information by the State Education Department has been lax.
This bill therefore imposes fines and other statutory requirements upon any institution that, as a result of any outside audit and a finding by the Commission, has not complied with the law.
LEGISLATIVE HISTORY: 2011-12 S.1808; 2009-2010 S.2047; 2007-2008, S.3922; 2005-2006 (passed Senate), S.840; 2003-2004, S.487; 2001-2002, S.6042-A.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first day of August next succeeding the date on which it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 1559 2011-2012 Regular Sessions IN SENATE January 10, 2011 ___________Introduced by Sens. ADDABBO, SERRANO -- 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: S 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. LBD00071-01-1 S. 1559 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. S 2. This act shall take effect January 1, 2013. 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.