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:

  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.
                                                           LBD06476-01-1

              

A. 6329                             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.