Bill Text: NY S03385 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to solicitation used by or on behalf of any charitable organization.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO FINANCE [S03385 Detail]

Download: New_York-2015-S03385-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3385
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 6, 2015
                                      ___________
       Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
         when printed to be committed to the Committee on Finance
       AN ACT to amend the executive law, in relation to solicitation  used  by
         or on behalf of any charitable organization
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivisions 2 and 3 of section 174-b of the executive law,
    2  subdivision 2 as amended by chapter 490 of the laws of 2010, subdivision
    3  3 as amended by chapter 43 of the laws of 2002, are amended  and  a  new
    4  subdivision 6 is added to read as follows:
    5    2.  Any  solicitation used by or on behalf of any charitable organiza-
    6  tion shall [provide] INCLUDE:
    7    (A) a clear description of the programs and activities  for  which  it
    8  has  requested  and  has  expended or will expend contributions or shall
    9  include therein a statement that, upon request, a person may obtain from
   10  the organization such a description; AND
   11    (B) A STATEMENT IDENTIFYING THE WEBSITE OF THE NEW YORK  STATE  OFFICE
   12  OF  THE  ATTORNEY  GENERAL REPORTING TELEMARKETING CAMPAIGNS IN NEW YORK
   13  STATE AND A TELEPHONE NUMBER TO CONTACT THE CHARITIES BUREAU OF THE  NEW
   14  YORK  STATE  OFFICE  OF  THE  ATTORNEY GENERAL TO ANSWER QUESTIONS ABOUT
   15  CHARITIES.
   16    (C) If the solicitation is by an institution subject to article five-A
   17  of the not-for-profit corporation law, and is for an endowment fund, the
   18  solicitation must include a statement that, unless otherwise  restricted
   19  by the gift instrument pursuant to paragraph (b) of section five hundred
   20  fifty-three  of  the not-for-profit corporation law, the institution may
   21  expend so much of an endowment fund as it deems prudent after  consider-
   22  ing  the  factors  set  forth  in  paragraph (a) of section five hundred
   23  fifty-three of the not-for-profit corporation law.
   24    3. In addition to any other disclosure required by law, any  solicita-
   25  tion  by any means by a professional fund raiser or professional solici-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05856-01-5
       S. 3385                             2
    1  tor on behalf of a charitable organization  required  to  be  registered
    2  pursuant to this article shall clearly and unambiguously disclose:
    3    (a)  the  name  of  the  professional  fund raiser as on file with the
    4  attorney general and that the  solicitation  is  being  conducted  by  a
    5  professional fund raiser;
    6    (b)  the name of the individual professional solicitor as on file with
    7  the attorney general and that the individual is  receiving  compensation
    8  for conducting the solicitation; AND
    9    (C)  A STATEMENT IDENTIFYING THE WEBSITE OF THE OFFICE OF THE ATTORNEY
   10  GENERAL REPORTING TELEMARKETING CAMPAIGNS IN NEW YORK STATE AND A  TELE-
   11  PHONE NUMBER TO CONTACT THE CHARITIES BUREAU OF THE OFFICE OF THE ATTOR-
   12  NEY GENERAL TO ANSWER QUESTIONS ABOUT CHARITIES.
   13    6.  AN  ACTION  FOR  A  VIOLATION  OF SUBDIVISION TWO OR THREE OF THIS
   14  SECTION MAY BE PROSECUTED BY THE ATTORNEY GENERAL, OR HIS OR HER DEPUTY,
   15  IN THE NAME OF THE PEOPLE OF THE STATE, AND  IN  ANY  SUCH  ACTION,  THE
   16  ATTORNEY GENERAL OR HIS OR HER DEPUTY, SHALL EXERCISE ALL THE POWERS AND
   17  PERFORM  ALL  DUTIES  WHICH  THE  DISTRICT  ATTORNEY  WOULD OTHERWISE BE
   18  AUTHORIZED TO EXERCISE OR TO PERFORM THEREIN  PURSUANT  TO  SECTION  ONE
   19  HUNDRED  SEVENTY-FIVE  OF  THIS  ARTICLE.  ANY  CHARITABLE ORGANIZATION,
   20  PROFESSIONAL FUND RAISER  OR  PROFESSIONAL  SOLICITOR  FOUND  TO  BE  IN
   21  VIOLATION OF SUBDIVISION TWO OR THREE OF THIS SECTION SHALL BE FINED ONE
   22  THOUSAND  DOLLARS FOR THE FIRST VIOLATION AND SUCH ORGANIZATION'S REGIS-
   23  TRATION PURSUANT TO SECTION ONE HUNDRED SEVENTY-TWO, ONE HUNDRED  SEVEN-
   24  TY-THREE OR ONE HUNDRED SEVENTY-THREE-B OF THIS ARTICLE, MAY BE REVOKED.
   25  ANY  CHARITABLE  ORGANIZATION,  PROFESSIONAL FUND RAISER OR PROFESSIONAL
   26  SOLICITOR FOUND TO HAVE BEEN IN VIOLATION OF SUBDIVISION TWO OR THREE OF
   27  THIS SECTION IN THREE OR MORE SEPARATE OCCURRENCES, SHALL BE  FINED  TEN
   28  THOUSAND  DOLLARS  AND  SUCH  ORGANIZATION'S  REGISTRATION  PURSUANT  TO
   29  SECTION ONE  HUNDRED  SEVENTY-TWO,  ONE  HUNDRED  SEVENTY-THREE  OR  ONE
   30  HUNDRED  SEVENTY-THREE-B  OF THIS ARTICLE SHALL BE REVOKED. THE CONSUMER
   31  PROTECTION DIVISION SHALL, WHENEVER POSSIBLE, ASSIST THE ATTORNEY GENER-
   32  AL IN ANY INVESTIGATION OF A CHARITABLE ORGANIZATION  PURSUANT  TO  THIS
   33  SUBDIVISION.
   34    S  2.  This  act shall take effect on the ninetieth day after it shall
   35  have become a law and shall apply to all  solicitation  used  by  or  on
   36  behalf of any charitable organization on and after such effective date.