Requires entities advertising for or against political candidates, ballot proposals, amendments, or such proceedings to disclose in such advertisements the source thereof; trade associations must disclose top 3 contributors; defines trade association.

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S1566-2011 Actions

• Jan 4, 2012: REFERRED TO ELECTIONS
• Apr 29, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 10, 2011: REFERRED TO ELECTIONS

S1566-2011 Memo

BILL NUMBER:S1566

TITLE OF BILL:
An act
to amend the education law, in relation to the disclosure of
relationships between institutions of higher education and study
abroad programs

PURPOSE:
This legislation creates a new article in the education law which will
require institutions of higher education to disclose any relationships
or perquisites that they receive from providers of study
abroad programs.

SUMMARY OF PROVISIONS:

Section 1 adds a new article to the education law. It also defines
"college/university," "study abroad programs" and "perquisites".

This section also requires institutions of higher education to
disclose in writing, any perquisites (perks) that they receive from
study abroad programs that their students participate in. It further
requires institutions of higher education to disclose the actual
costs to the institution for their students to participate in a
particular study abroad program.

JUSTIFICATION:
Recently, the New York State Attorney General's Office began inquiry
into the relationships between universities and providers of study
abroad programs to determine whether cash incentives and other
perks are influencing these institutions decisions about where their
students may study. This legislation will encourage transparency by
informing students about the nature of a particular institution's
relationship with a study abroad program provider so that they can
make an informed decision as to whether the particular program
that a school is recommending is right for them.

The other aspect of this legislation concerns the payment of these
programs by these colleges/universities. Many times students will
pay the normal tuition, room/board and other fees to their
college/university for a particular semester and the
college/university will
pay the study abroad program directly for their students to attend
said program...Often times, the cost to the school for these programs
less than what the student would pay for tuition, room/board
and fees for semester. Students have a right to know if and how much
their particular college/university is saving by having them study
abroad.

LEGISLATIVE HISTORY:
2011-12 S.3383; 2009-10 S.803; 2008-08 S.78738A

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become law.

S1566-2011 Text

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

                                    1566

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 10, 2011
                                 ___________

  Introduced  by  Sens. ADDABBO, KRUEGER, OPPENHEIMER, PARKER, 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 the disclosure of
    sources for political advertisements

    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 14-107
  to read as follows:

    S 14-107. INDEPENDENT EXPENDITURE REPORTING. 1. FOR PURPOSES  OF  THIS
  SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:

    (A)  (I) "INDEPENDENT EXPENDITURE" SHALL MEAN AN EXPENDITURE MADE BY A
  PERSON FOR AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC  AUDIENCE
  VIA BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION TO A GENER-
  AL  PUBLIC  AUDIENCE  VIA  ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS,
  BROCHURES, LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR  INFOR-
  MATION  CONVEYED  TO  FIVE  HUNDRED  OR MORE MEMBERS OF A GENERAL PUBLIC
  AUDIENCE BY COMPUTER OR OTHER ELECTRONIC DEVICES  WHICH:  (A)  EXPRESSLY
  ADVOCATES  THE  ELECTION  OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE OR
  THE SUCCESS OR DEFEAT OF A BALLOT PROPOSAL OR AMENDMENT TO THE CONSTITU-
  TION OF THE STATE OF NEW YORK AND (B) SUCH  CANDIDATE,  THE  CANDIDATE'S
  POLITICAL  COMMITTEE  OR  ITS AGENTS, OR A POLITICAL COMMITTEE FORMED TO
  PROMOTE THE SUCCESS OR DEFEAT OF A BALLOT PROPOSAL OR  ITS  AGENTS,  DID
  NOT  AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN ANY SUCH COMMU-
  NICATION.
    (II) INDEPENDENT EXPENDITURES SHALL NOT INCLUDE:

    (A) A COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY,  OR
  EDITORIAL   DISTRIBUTED  THROUGH  THE  FACILITIES  OF  ANY  BROADCASTING
  STATION, CABLE OR SATELLITE UNLESS SUCH PUBLICATION  OR  FACILITIES  ARE
  OWNED  OR  CONTROLLED  BY  ANY  POLITICAL  PARTY, POLITICAL COMMITTEE OR
  CANDIDATE; OR

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00480-01-1

 S. 1566                             2

    (B) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR
    (C) A COMMUNICATION WHICH CONSTITUTES AN EXPENDITURE MADE BY AN ENTITY
  REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.
    (B)  "PERSON" SHALL MEAN A PERSON, GROUP OF PERSONS, ENTITY, ORGANIZA-
  TION OR ASSOCIATION.
    (C) "TRADE ASSOCIATION" SHALL MEAN  AN  ENTITY  HAVING  AS  A  PRIMARY
  PURPOSE  THE  PROMOTION,  ADVANCEMENT  OR SELF-REGULATION OF BUSINESSES,
  INCLUDING BUT NOT LIMITED TO A CORPORATION, UNINCORPORATED  ASSOCIATION,
  PARTNERSHIP,  TRUST  OR  LIMITED  LIABILITY COMPANY, WHETHER OR NOT SUCH
  ENTITY IS ORGANIZED FOR PROFIT, NOT-FOR-PROFIT, BUSINESS OR NON-BUSINESS
  PURPOSES.
    2. WHENEVER ANY PERSON  OR  TRADE  ASSOCIATION  MAKES  AN  INDEPENDENT
  EXPENDITURE  THAT COSTS MORE THAN ONE THOUSAND DOLLARS IN THE AGGREGATE,
  SUCH COMMUNICATION SHALL  CLEARLY  STATE  WHO  PAID  FOR,  OR  OTHERWISE
  PUBLISHED  OR  DISTRIBUTED, THE COMMUNICATION AND STATE, WITH RESPECT TO
  COMMUNICATIONS REGARDING  CANDIDATES,  THAT  THE  COMMUNICATION  IS  NOT
  AUTHORIZED  BY ANY CANDIDATE, ANY CANDIDATE'S POLITICAL COMMITTEE OR ANY
  OF ITS AGENTS.  A KNOWING AND WILLFUL VIOLATION  OF  THE  PROVISIONS  OF
  THIS  SUBDIVISION  SHALL  SUBJECT  THE  PERSON OR TRADE ASSOCIATION TO A
  CIVIL PENALTY EQUAL TO ONE THOUSAND DOLLARS OR THE COST OF THE  COMMUNI-
  CATION,  WHICHEVER  IS  GREATER, IN A SPECIAL PROCEEDING OR CIVIL ACTION
  BROUGHT BY THE STATE BOARD OF ELECTIONS.  ANY ADVERTISEMENT PAID FOR  BY
  A  TRADE  ASSOCIATION SHALL DISCLOSE THE THREE CONTRIBUTORS WHO CONTRIB-
  UTED THE MOST MONEY IN THE AGGREGATE TO SUCH TRADE ASSOCIATION SINCE THE
  FIRST OF JANUARY OF THE YEAR IN WHICH THE  ADVERTISEMENT  IS  PUBLISHED,
  PROVIDED  FURTHER,  THAT  IF THE ADVERTISEMENT IS MADE WITH RESPECT TO A
  PRESIDENTIAL PRIMARY RACE, THEN IT  SHALL  DISCLOSE  THE  TRADE  ASSOCI-
  ATION'S  THREE  LARGEST CONTRIBUTORS IN THE AGGREGATE SINCE THE FIRST OF
  JULY OF THE YEAR PRIOR TO SUCH PRIMARY.
    3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  THE  ATTORNEY  GENERAL
  SHALL  HAVE  CONCURRENT  JURISDICTION  WITH ANY DISTRICT ATTORNEY IN THE
  PROSECUTION OF ANY OFFENSES UNDER THIS  SECTION  RELATING  TO  DECEPTIVE
  PRACTICES AS WELL AS ANY OFFENSES ARISING OUT OF SUCH PROSECUTION.
    S 2. This act shall take effect immediately.