Bill Text: NY A06329 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires non-profit organizations to file statements with the attorney general regarding contributions they receive over ten thousand dollars.
Spectrum: Partisan Bill (Democrat 20-0)
Status: (Introduced - Dead) 2012-01-04 - referred to election law [A06329 Detail]
Download: New_York-2011-A06329-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6329 2011-2012 Regular Sessions I N A S S E M B L Y March 14, 2011 ___________ 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: 1 Section 1. The election law is amended by adding a new section 14-105 2 to read as follows: 3 S 14-105. STATEMENT OF CONTRIBUTIONS MADE TO CERTAIN NOT-FOR-PROFIT 4 ORGANIZATIONS. 1. THIS SECTION APPLIES TO NOT-FOR-PROFIT ORGANIZATIONS 5 WHO DEDICATE MORE THAN FIFTY PERCENT OF THEIR RESOURCES TOWARD CHANGING 6 PUBLIC POLICY. THE ATTORNEY GENERAL SHALL ESTABLISH GUIDELINES FOR 7 DETERMINING WHAT CONSTITUTES PUBLIC POLICY FOR PURPOSES OF THIS SECTION. 8 2. THE BOARD OF DIRECTORS, OR ANY OFFICER, MEMBER OR AGENT OF SUCH 9 NOT-FOR-PROFIT ORGANIZATION WHO RECEIVES ANY MONEY OR OTHER VALUABLE 10 THING IN THE AMOUNT OF TEN THOUSAND DOLLARS OR MORE, SHALL FILE STATE- 11 MENTS, WITH THE ATTORNEY GENERAL, SWORN, OR SUBSCRIBED AND BEARING A 12 FORM NOTICE THAT FALSE STATEMENTS MADE THEREIN ARE PUNISHABLE AS A CLASS 13 A MISDEMEANOR PURSUANT TO SECTION 210.45 OF THE PENAL LAW, AT THE TIMES 14 PRESCRIBED BY THIS ARTICLE SETTING FORTH ALL THE CONTRIBUTIONS TO SUCH 15 NOT-FOR-PROFIT ORGANIZATIONS, ITS OFFICERS, MEMBERS OR AGENTS IN ITS 16 BEHALF. SUCH STATEMENTS SHALL INCLUDE THE DOLLAR AMOUNT OF ANY CONTRIB- 17 UTION OR TRANSFER OVER TEN THOUSAND DOLLARS, OR THE FAIR MARKET VALUE OF 18 ANY CONTRIBUTION OR TRANSFER OVER TEN THOUSAND DOLLARS, WHICH IS OTHER 19 THAN OF MONEY, THE NAME AND OCCUPATION OF THE TRANSFEROR, CONTRIBUTOR OR 20 PERSON FROM WHOM RECEIVED. ANY STATEMENT REPORTING A LOAN SHALL HAVE 21 ATTACHED TO IT A COPY OF THE EVIDENCE OF INDEBTEDNESS. CONTRIBUTIONS 22 AGGREGATING LESS THAN TEN THOUSAND DOLLARS, FROM ANY ONE CONTRIBUTOR 23 NEED NOT BE SPECIFICALLY ACCOUNTED FOR BY SEPARATE ITEMS IN SAID STATE- 24 MENTS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06476-01-1 A. 6329 2 1 3. THE ATTORNEY GENERAL SHALL BE RESPONSIBLE FOR ENSURING THAT SUCH 2 NOT-FOR-PROFIT ORGANIZATIONS COMPLY WITH THE PROVISIONS OF THIS SECTION. 3 THE ATTORNEY GENERAL SHALL PROMULGATE REGULATIONS WITH RESPECT TO THE 4 ACCOUNTING METHODS TO BE APPLIED IN PREPARING THE STATEMENTS REQUIRED BY 5 THE PROVISIONS OF THIS ARTICLE AND SHALL PROVIDE FORMS SUITABLE FOR SUCH 6 STATEMENTS. IF THE ATTORNEY GENERAL HAS REASON TO BELIEVE THAT SUCH 7 NOT-FOR-PROFIT ORGANIZATION HAS FAILED TO COMPLY WITH THE PROVISIONS OF 8 THIS SECTION, THE ATTORNEY GENERAL SHALL TAKE SUCH ACTION AS HE OR SHE 9 DEEMS APPROPRIATE TO SECURE COMPLIANCE WITH THE PROVISIONS OF THIS 10 SECTION. 11 4. CERTAIN NOT-FOR-PROFIT ORGANIZATIONS WHO ARE REQUIRED TO FILE 12 STATEMENTS PURSUANT TO THIS ARTICLE WITH COUNTY BOARDS OF ELECTIONS 13 SHALL ALSO FILE A STATEMENT WITH THE ATTORNEY GENERAL. 14 S 2. This act shall take effect immediately.