Assembly Bill A9028

2019-2020 Legislative Session

Relates to establishing penalties for institutions of higher education that fail to comply with certain disclosure requirements

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A9028 (ACTIVE) - Details

Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd §207-a, Ed L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2745
2011-2012: A3977
2013-2014: A3152
2015-2016: A5427
2017-2018: A4828

2019-A9028 (ACTIVE) - Summary

Relates to establishing penalties for institutions of higher education that fail to comply with certain disclosure requirements relating to gifts made by foreign governments, persons and entities; provides that the department may take steps to initiate an audit if the institution continues to remain in noncompliance of the disclosure requirements.

2019-A9028 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9028
 
                           I N  A S S E M B L Y
 
                             January 10, 2020
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the education law, in relation to establishing penalties
   for institutions of higher education which do not comply with  certain
   gift disclosure requirements
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 207-a of the education law is amended by  adding  a
 new subdivision 5 to read as follows:
   5.  A. IN THE EVENT AN INSTITUTION OF HIGHER EDUCATION FAILS TO COMPLY
 WITH THE DISCLOSURE REQUIREMENTS OF SUBDIVISION THREE OF  THIS  SECTION,
 THE DEPARTMENT SHALL IMMEDIATELY PROVIDE A NOTIFICATION TO SUCH INSTITU-
 TION  OF  HIGHER  EDUCATION THAT IT MAY BE SUBJECT TO A FULL AUDIT TO BE
 CONDUCTED BY THE STATE COMPTROLLER IF THE  DISCLOSURE  REQUIREMENTS  ARE
 NOT MET WITHIN TWENTY-FIVE DAYS OF SUCH NOTIFICATION.
   B.  IN  THE  EVENT  AN INSTITUTION OF HIGHER EDUCATION FAILS TO COMPLY
 WITH THE DISCLOSURE REQUIREMENTS OF SUBDIVISION THREE  OF  THIS  SECTION
 WITHIN THE TWENTY-FIVE DAYS PROVIDED FOR IN PARAGRAPH A OF THIS SUBDIVI-
 SION,  UPON  THE  EXPIRATION OF SUCH TWENTY-FIVE DAYS THE DEPARTMENT MAY
 REQUEST THE STATE COMPTROLLER TO INITIATE A FULL AUDIT OF  THE  INSTITU-
 TION  OF  HIGHER EDUCATION. THE RESULTS OF SUCH AUDIT MAY BE MADE AVAIL-
 ABLE TO THE PUBLIC AT THE DISCRETION OF THE DEPARTMENT.
   C. IN THE EVENT AN AUDIT IS CONDUCTED PURSUANT TO THIS SUBDIVISION AND
 THE INSTITUTION OF HIGHER EDUCATION IS FOUND TO HAVE UNLAWFULLY WITHHELD
 FROM THE DEPARTMENT DISCLOSURE INFORMATION REQUIRED BY THIS SECTION, THE
 DEPARTMENT MAY SEEK DAMAGES IN A COURT OF  COMPETENT  JURISDICTION.  THE
 DEPARTMENT MAY SEEK SUCH DAMAGES FOR:
   (I)  ANY  GIFTS RECEIVED FROM FOREIGN GOVERNMENTS, FOREIGN LEGAL ENTI-
 TIES, OR FOREIGN PERSONS, OR AN EQUIVALENT VALUE OF ANY SUCH GIFTS; OR
   (II) PUNITIVE DAMAGES THAT SHALL NOT EXCEED THE LESSER OF TEN  PERCENT
 OF THE VALUE OF THE GIFT RECEIVED, OR SEVENTY-FIVE THOUSAND DOLLARS.
 ANY DAMAGES RECEIVED, LESS COURT COSTS AND COSTS ARISING FROM THE AUDIT,
 SHALL BE AWARDED TO THE UNIVERSITY OF THE STATE OF NEW YORK.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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