Bill Text: NY A02688 | 2017-2018 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2018-12-21 - signed chap.373 [A02688 Detail]

Download: New_York-2017-A02688-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         2688--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 20, 2017
                                       ___________
        Introduced  by M. of A. STECK -- read once and referred to the Committee
          on Governmental Operations  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
        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 to read as
     4  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 and telephone number of the
    12  New York state office of the attorney general where  an  individual  can
    13  receive information on charitable organizations.
    14    (c) If the solicitation is by an institution subject to article five-A
    15  of the not-for-profit corporation law, and is for an endowment fund, the
    16  solicitation  must include a statement that, unless otherwise restricted
    17  by the gift instrument pursuant to paragraph (b) of section five hundred
    18  fifty-three of the not-for-profit corporation law, the  institution  may
    19  expend  so much of an endowment fund as it deems prudent after consider-
    20  ing the factors set forth in  paragraph  (a)  of  section  five  hundred
    21  fifty-three of the not-for-profit corporation law.
    22    3.  In addition to any other disclosure required by law, any solicita-
    23  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.
                                                                   LBD07678-02-7
        A. 2688--A                          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 and telephone number of the
    10  office of the attorney general where an individual can receive  informa-
    11  tion on charitable organizations.
    12    §  2.  This  act shall take effect on the ninetieth day after it shall
    13  have become a law and shall apply to all  solicitation  used  by  or  on
    14  behalf of any charitable organization on and after such effective date.