Bill S1566-2011

Requires entities advertising for political purposes to disclose in such advertisements the source thereof

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.

Details

Actions

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1566 2011-2012 Regular Sessions IN 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
(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.

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