senate Bill S1559

Relates to political contribution activities by an intermediary

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 10 / Jan / 2011
    • REFERRED TO ELECTIONS
  • 29 / Apr / 2011
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 04 / Jan / 2012
    • REFERRED TO ELECTIONS

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A5879
Versions:
S1559
Legislative Cycle:
2011-2012
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Add §14-105, El L
Versions Introduced in 2009-2010 Legislative Cycle:
S5565B, A8755B

Sponsor Memo

BILL NUMBER:S1559

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.

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

                                  1559

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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.

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