S T A T E O F N E W Y O R K
________________________________________________________________________
4325
2009-2010 Regular Sessions
I N A S S E M B L Y
February 3, 2009
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Introduced by M. of A. HEASTIE -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to contributions made to
non-profit organizations
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. STATEMENT OF CONTRIBUTIONS MADE TO CERTAIN NOT-FOR-PROFIT
ORGANIZATIONS. 1. THIS SECTION APPLIES TO NOT-FOR-PROFIT ORGANIZATIONS
WHO DEDICATE MORE THAN FIFTY PERCENT OF THEIR RESOURCES TOWARD CHANGING
PUBLIC POLICY. THE ATTORNEY GENERAL SHALL ESTABLISH GUIDELINES FOR
DETERMINING WHAT CONSTITUTES PUBLIC POLICY FOR PURPOSES OF THIS SECTION.
2. THE BOARD OF DIRECTORS, OR ANY OFFICER, MEMBER OR AGENT OF SUCH
NOT-FOR-PROFIT ORGANIZATION WHO RECEIVES ANY MONEY OR OTHER VALUABLE
THING IN THE AMOUNT OF TEN THOUSAND DOLLARS OR MORE, SHALL FILE STATE-
MENTS, WITH THE ATTORNEY GENERAL, SWORN, OR SUBSCRIBED AND BEARING A
FORM NOTICE THAT FALSE STATEMENTS MADE THEREIN ARE PUNISHABLE AS A CLASS
A MISDEMEANOR PURSUANT TO SECTION 210.45 OF THE PENAL LAW, AT THE TIMES
PRESCRIBED BY THIS ARTICLE SETTING FORTH ALL THE CONTRIBUTIONS TO SUCH
NOT-FOR-PROFIT ORGANIZATIONS, ITS OFFICERS, MEMBERS OR AGENTS IN ITS
BEHALF. SUCH STATEMENTS SHALL INCLUDE THE DOLLAR AMOUNT OF ANY CONTRIB-
UTION OR TRANSFER OVER TEN THOUSAND DOLLARS, OR THE FAIR MARKET VALUE OF
ANY CONTRIBUTION OR TRANSFER OVER TEN THOUSAND DOLLARS, WHICH IS OTHER
THAN OF MONEY, THE NAME AND OCCUPATION OF THE TRANSFEROR, CONTRIBUTOR OR
PERSON FROM WHOM RECEIVED. ANY STATEMENT REPORTING A LOAN SHALL HAVE
ATTACHED TO IT A COPY OF THE EVIDENCE OF INDEBTEDNESS. CONTRIBUTIONS
AGGREGATING LESS THAN TEN THOUSAND DOLLARS, FROM ANY ONE CONTRIBUTOR
NEED NOT BE SPECIFICALLY ACCOUNTED FOR BY SEPARATE ITEMS IN SAID STATE-
MENTS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06703-02-9
A. 4325 2
3. THE ATTORNEY GENERAL SHALL BE RESPONSIBLE FOR ENSURING THAT SUCH
NOT-FOR-PROFIT ORGANIZATIONS COMPLY WITH THE PROVISIONS OF THIS SECTION.
THE ATTORNEY GENERAL SHALL PROMULGATE REGULATIONS WITH RESPECT TO THE
ACCOUNTING METHODS TO BE APPLIED IN PREPARING THE STATEMENTS REQUIRED BY
THE PROVISIONS OF THIS ARTICLE AND SHALL PROVIDE FORMS SUITABLE FOR SUCH
STATEMENTS. IF THE ATTORNEY GENERAL HAS REASON TO BELIEVE THAT SUCH
NOT-FOR-PROFIT ORGANIZATION HAS FAILED TO COMPLY WITH THE PROVISIONS OF
THIS SECTION, THE ATTORNEY GENERAL SHALL TAKE SUCH ACTION AS HE OR SHE
DEEMS APPROPRIATE TO SECURE COMPLIANCE WITH THE PROVISIONS OF THIS
SECTION.
4. CERTAIN NOT-FOR-PROFIT ORGANIZATIONS WHO ARE REQUIRED TO FILE
STATEMENTS PURSUANT TO THIS ARTICLE WITH COUNTY BOARDS OF ELECTIONS
SHALL ALSO FILE A STATEMENT WITH THE ATTORNEY GENERAL.
S 2. This act shall take effect immediately.