Requires disclosure of gifts made to certain foundations by foreign governments, persons and entities

1 Co-sponsor

• William J. Larkin Jr.

Title of bill

An act to amend the education law, in relation to the disclosure of gifts made to institutions of higher education by foreign governments, persons and entities

Purpose

This bill clarifies and adds enforcement provisions to existing statutory requirements regarding the disclosure of gifts made to higher education institutions by foreign entities as defined by law.

Summary of provisions

Section 207-a of the education law currently requires that any higher education institution in New York State disclose any gift and/or requirements attached to gifts valued at more than $100,000 to the State Education Department within 30 days after the end of that institution's fiscal year. It also requires additional information regarding the amount and date of the gift, conditions and matching requirements, if any, along with the name of the foreign entity, as defined in law.

New provisions added in this bill under Section 207-a(2),(4),(5) require that any foundation associated with the institution also be subject to these reporting requirements. The law imposes a fine of not less than $1,000 and not more than $5,000 per each occurrence if an audit determines that the institution has not complied with this statutory reporting requirement. In addition, the amendments stipulate that upon a second instance of non-compliance by an institution such school would be required to comply with the provisions of Section 172-a through 172-b of the Executive Law governing the solicitation and collection of funds for charitable organizations.

Justification

Colleges and Universities have always accepted financial assistance from a variety of sources. These funds have been used to support any number of research endeavors in every field of study imaginable. However, state policy under Section 207-a requires that such gifts be disclosed upon request of the public. Unfortunately, requests for this information by the Senate Higher Education Committee revealed compliance with existing law has been inconsistent and the management of the information by the State Education Department has been lax. This bill therefore imposes fines and other statutory requirements upon any institution that, as a result of any outside audit and a finding by the Commission, has not complied with the law.

Legislative history

2013-14 S.1559; 2011-12 S.1808; 2009-2010 S.2047; 2007-2008, S.3922; 2005-2006 (passed Senate), S.840; 2003-2004, S.487; 2001-2002, S.6042-A.

Fiscal implications

None.

Effective date

This act shall take effect on the first day of August next succeeding the date on which it shall have become law