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Assembly Bill A6625

2013-2014 Legislative Session

Requires charitable organization to include a clear description of its purpose and the use of funds collected in filing with the attorney general

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Archive: Last Bill Status - In Assembly Committee

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2013-A6625 (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:
2009-2010: A5990
2011-2012: A5110

2013-A6625 (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.

2013-A6625 (ACTIVE) - Bill Text download pdf 

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

                                  6625

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 12, 2013
                               ___________

Introduced  by  M. of A. OAKS, GIGLIO, HAWLEY, KOLB, MONTESANO, SALADINO
  -- Multi-Sponsored by -- M. of A. FINCH, McDONOUGH --  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,
whenever  the  attorney  general  shall  have reason to believe that the
charitable organization or other person:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04221-01-3

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