Bill Text: NY S03780 | 2017-2018 | General Assembly | Amended

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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) 2018-06-20 - SUBSTITUTED BY A2688B [S03780 Detail]

Download: New_York-2017-S03780-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         3780--B
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 27, 2017
                                       ___________
        Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
          when printed to be committed to the Committee on Finance --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  recommitted  to  the  Committee on Finance in
          accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
        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 1, 2 and 3 of section 174-b of  the  executive
     2  law,  subdivisions  1 and 3 as amended by chapter 43 of the laws of 2002
     3  and subdivision 2 as amended by chapter 490 of the  laws  of  2010,  are
     4  amended to read as follows:
     5    1.  Any  solicitation, by any means, including but not limited to oral
     6  solicitation, by or on behalf of a  registered  charitable  organization
     7  which is required to file financial reports pursuant to this article and
     8  has  filed all such reports, shall include therein a statement that upon
     9  request, a person may obtain from the organization or from the charities
    10  registry on the attorney [general] general's website, a copy of the last
    11  financial report filed by the organization with  the  attorney  general.
    12  Such  statement  shall  specify  the address of the organization and the
    13  address of the  attorney  general,  to  which  such  request  should  be
    14  addressed  and  in  the  case  of a written solicitation, must be placed
    15  conspicuously in the material with print no smaller than ten point  bold
    16  face type or, alternatively, no smaller than the size print used for the
    17  most  number  of words in the statements. Provided, however, such state-
    18  ment need not be made where the space for  a  printed  advertisement  or
    19  promotional  time in any media has been donated or made available to the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07678-05-8
        S. 3780--B                          2
     1  charitable organization at no cost and  such  space  or  time  does  not
     2  reasonably permit inclusion of such statement.
     3    2.  Any  solicitation used by or on behalf of any charitable organiza-
     4  tion shall [provide] include:
     5    (a) a clear description of the programs and activities  for  which  it
     6  has  requested  and  has  expended or will expend contributions or shall
     7  include therein a statement that, upon request, a person may obtain from
     8  the organization such a description; and
     9    (b) a statement identifying the website and telephone  number  of  the
    10  New  York  state  office of the attorney general where an individual can
    11  receive information on charitable organizations.
    12    (c) If the solicitation is by an institution subject to article five-A
    13  of the not-for-profit corporation law, and is for an endowment fund, the
    14  solicitation must include a statement that, unless otherwise  restricted
    15  by the gift instrument pursuant to paragraph (b) of section five hundred
    16  fifty-three  of  the not-for-profit corporation law, the institution may
    17  expend so much of an endowment fund as it deems prudent after  consider-
    18  ing  the  factors  set  forth  in  paragraph (a) of section five hundred
    19  fifty-three of the not-for-profit corporation law.
    20    3. In addition to any other disclosure required by law, any  solicita-
    21  tion  by any means by a professional fund raiser or professional solici-
    22  tor on behalf of a charitable organization  required  to  be  registered
    23  pursuant to this article shall clearly and unambiguously disclose:
    24    (a)  the  name  of  the  professional  fund raiser as on file with the
    25  attorney general and that the  solicitation  is  being  conducted  by  a
    26  professional fund raiser;
    27    (b)  the name of the individual professional solicitor as on file with
    28  the attorney general and that the individual is  receiving  compensation
    29  for conducting the solicitation; and
    30    (c)  a  statement  identifying the website and telephone number of the
    31  office of the attorney general where an individual can receive  informa-
    32  tion on charitable organizations.
    33    §  2.  This  act shall take effect on the ninetieth day after it shall
    34  have become a law and shall apply to all  solicitation  used  by  or  on
    35  behalf of any charitable organization on and after such effective date.