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Assembly Bill A5990

2009-2010 Legislative Session

Relates to registration of charitable organizations

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Archive: Last Bill Status - In Assembly Committee

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2009-A5990 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §§172, 175 & 172-a, add §174-e, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: A5110
2013-2014: A6625

2009-A5990 (ACTIVE) - Summary

Requires a charitable organization to include a clear description of the purpose of such charitable organization and the use of funds collected by such organization in the information required when filing with the attorney general for registration as a charitable organization; authorizes the attorney general to hold funds collected by such charitable organization in trust for the benefit of the charitable organization for any length of time deemed necessary by the attorney general whenever the attorney general shall have reason to believe that such charitable organization is in violation of the provisions of law regulating such organization; requires a person requesting contributions for the relief of any individual to register as a charitable organization if the gross contributions received by such person is in excess of $5,000.

2009-A5990 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5990

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced  by  M.  of  A. OAKS, BARRA, CALHOUN, GIGLIO, HAWLEY, KOLB --
  Multi-Sponsored by -- M.  of A. ALFANO, BURLING, ERRIGO, FINCH,  McDO-
  NOUGH,  MILLER,  WALKER  -- read once and referred to the Committee on
  Governmental Operations

AN ACT to amend the executive law, in relation to registration of chari-
  table organizations and the establishment of a collective trust

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section  172  of the executive law is
amended by adding a new paragraph (k) to read as follows:
  (K) A CLEAR DESCRIPTION OF THE PURPOSE OF THE CHARITABLE  ORGANIZATION
AND THE USE OF COLLECTED FUNDS.
  S  2.  The  opening  paragraph  of subdivision 2 of section 175 of the
executive law, as amended by chapter 43 of the laws of 2002, is  amended
to read as follows:
  In  addition  to  any other action or proceeding authorized by law and
any action or proceeding by the attorney general, the  attorney  general
may  bring  an action or special proceeding in the supreme court, in the
name and in behalf of the people of the state of  New  York,  against  a
charitable  organization  and  any other persons acting for it or in its
behalf to enjoin such organization and/or persons  from  continuing  the
solicitation  or  collection of funds or property or engaging therein or
doing any acts in furtherance thereof, WITH ANY FUNDS COLLECTED  THEREIN
TO  BE  HELD  IN TRUST FOR THE BENEFIT OF THE CHARITABLE ORGANIZATION OR
DONEE FOR ANY LENGTH OF TIME DEEMED NECESSARY BY THE  ATTORNEY  GENERAL,
and  to  cancel  any  registration  statement  previously filed with the
attorney general pursuant to this article  and  for  an  order  awarding
restitution  and damages, penalties and costs; and removing any director
or other person responsible for the violation of this article;  dissolv-
ing  a  corporation  and  other  relief which the court may deem proper,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05184-01-9

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