senate Bill S1566

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to elections
Apr 29, 2011 notice of committee consideration - requested
Jan 10, 2011 referred to elections

Co-Sponsors

S1566 - Bill Details

See Assembly Version of this Bill:
A195
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Add ยง14-107, El L
Versions Introduced in 2009-2010 Legislative Session:
S7479A, A10976A

S1566 - Bill Texts

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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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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.

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

                                  1566

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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.

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