Bill Text: NY A06329 | 2011-2012 | General Assembly | Introduced

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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

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                           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.