NY State Senate Bill 2015-S3385

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to finance
Jun 25, 2015	committed to rules
May 11, 2015	advanced to third reading
May 06, 2015	2nd report cal.
May 05, 2015	1st report cal.565
Feb 06, 2015	referred to finance

Votes

- May 5, 2015 - Finance Committee Vote
  S3385
  
  36
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: May 5, 2015
      
      aye (36)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gallivan
      
      Golden
      
      Hannon
      
      Hassell-Thompson
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Martins
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stavisky
      
      Valesky
      
      Young
      
      aye wr (1)
      
      Griffo

2015-S3385 (ACTIVE) - Details

See Assembly Version of this Bill:: A7213
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §174-b, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S3780, A2688

2015-S3385 (ACTIVE) - Summary

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

2015-S3385 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3385

TITLE OF BILL:

An act to amend the executive law, in relation to solicitation used by
or on behalf of any charitable organization

SUMMARY OF PROVISIONS:

SECTION 1 amends subdivisions 2 and 3 of section 174-b of the
Executive Law to provide:

(1) That any solicitation by or on behalf of any charitable
organization shall include a statement identifying the website of the
New York State Attorney General reporting telemarketing campaigns in
the state, and a telephone number to contact the Charities Bureau of
the Attorney General to answer questions about charities.

(2) That any solicitation made by a professional fundraiser or
professional solicitor by any means on behalf of a charitable
organization required to be registered pursuant to Article 7-A of the
Executive Law shall include a statement identifying the website of the
New York State Attorney General reporting telemarketing campaigns in
the state, and a telephone number to contact the Charities Bureau of
the Attorney General to answer questions about charities.

(3) That the Attorney General may prosecute an action for violation of
these subdivision and provides for fines.

SECTION 2 provides that this act shall take effect on the ninetieth
day after it shall have become law and shall apply for all
solicitation used by or on behalf of any charitable organization on or
after such effective date.

PURPOSE AND JUSTIFICATION:

New Yorkers collectively receive millions of solicitations for
donations to charities each year. Although the state, through one of
its websites, provides information as to how much of each donated
dollar is actually used to directly benefit the needy, many, and
perhaps most, New Yorkers are not aware that they can find this
information. There have been articles written over the years
discussing how little some professional fundraisers actually give to
the charities for whom they solicit, and Attorney General Schneiderman
recently issued a report that shows that some charities and
professional fundraisers use virtually all the funds they raise for
their own overhead and benefit.

This bill would require that fundraisers advise potential donors of
the existence of the Attorney General's website, and also provide a
telephone number for the Charities Bureau of the Attorney General's
office if they do not access to the internet. With this information,
New Yorkers have a better opportunity to make an informed decision as
to whether they should donate in response to the solicitation they are
receiving.

EXISTING LAW:


Article 7-A of the Executive Law regulates the charitable solicitation
in the state.

PRIOR LEGISLATIVE HISTORY:

2013-14 - S.3797 -- FINANCE

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall become
law and shall apply for all solicitation used by or on behalf of any
charitable organization on or after such effective date.

2015-S3385 (ACTIVE) - Bill Text download pdf

                            
                    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:

  Section 1. Subdivisions 2 and 3 of section 174-b of the executive law,
subdivision 2 as amended by chapter 490 of the laws of 2010, subdivision
3 as amended by chapter 43 of the laws of 2002, are amended  and  a  new
subdivision 6 is added to read as follows:
  2.  Any  solicitation used by or on behalf of any charitable organiza-
tion shall [provide] INCLUDE:
  (A) a clear description of the programs and activities  for  which  it
has  requested  and  has  expended or will expend contributions or shall
include therein a statement that, upon request, a person may obtain from
the organization such a description; AND
  (B) A STATEMENT IDENTIFYING THE WEBSITE OF THE NEW YORK  STATE  OFFICE
OF  THE  ATTORNEY  GENERAL REPORTING TELEMARKETING CAMPAIGNS IN NEW YORK
STATE AND A TELEPHONE NUMBER TO CONTACT THE CHARITIES BUREAU OF THE  NEW
YORK  STATE  OFFICE  OF  THE  ATTORNEY GENERAL TO ANSWER QUESTIONS ABOUT
CHARITIES.
  (C) If the solicitation is by an institution subject to article five-A
of the not-for-profit corporation law, and is for an endowment fund, the
solicitation must include a statement that, unless otherwise  restricted
by the gift instrument pursuant to paragraph (b) of section five hundred
fifty-three  of  the not-for-profit corporation law, the institution may
expend so much of an endowment fund as it deems prudent after  consider-
ing  the  factors  set  forth  in  paragraph (a) of section five hundred
fifty-three of the not-for-profit corporation law.
  3. In addition to any other disclosure required by law, any  solicita-
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

tor on behalf of a charitable organization  required  to  be  registered
pursuant to this article shall clearly and unambiguously disclose:
  (a)  the  name  of  the  professional  fund raiser as on file with the
attorney general and that the  solicitation  is  being  conducted  by  a
professional fund raiser;
  (b)  the name of the individual professional solicitor as on file with
the attorney general and that the individual is  receiving  compensation
for conducting the solicitation; AND
  (C)  A STATEMENT IDENTIFYING THE WEBSITE OF THE OFFICE OF THE ATTORNEY
GENERAL REPORTING TELEMARKETING CAMPAIGNS IN NEW YORK STATE AND A  TELE-
PHONE NUMBER TO CONTACT THE CHARITIES BUREAU OF THE OFFICE OF THE ATTOR-
NEY GENERAL TO ANSWER QUESTIONS ABOUT CHARITIES.
  6.  AN  ACTION  FOR  A  VIOLATION  OF SUBDIVISION TWO OR THREE OF THIS
SECTION MAY BE PROSECUTED BY THE ATTORNEY GENERAL, OR HIS OR HER DEPUTY,
IN THE NAME OF THE PEOPLE OF THE STATE, AND  IN  ANY  SUCH  ACTION,  THE
ATTORNEY GENERAL OR HIS OR HER DEPUTY, SHALL EXERCISE ALL THE POWERS AND
PERFORM  ALL  DUTIES  WHICH  THE  DISTRICT  ATTORNEY  WOULD OTHERWISE BE
AUTHORIZED TO EXERCISE OR TO PERFORM THEREIN  PURSUANT  TO  SECTION  ONE
HUNDRED  SEVENTY-FIVE  OF  THIS  ARTICLE.  ANY  CHARITABLE ORGANIZATION,
PROFESSIONAL FUND RAISER  OR  PROFESSIONAL  SOLICITOR  FOUND  TO  BE  IN
VIOLATION OF SUBDIVISION TWO OR THREE OF THIS SECTION SHALL BE FINED ONE
THOUSAND  DOLLARS FOR THE FIRST VIOLATION AND SUCH ORGANIZATION'S REGIS-
TRATION PURSUANT TO SECTION ONE HUNDRED SEVENTY-TWO, ONE HUNDRED  SEVEN-
TY-THREE OR ONE HUNDRED SEVENTY-THREE-B OF THIS ARTICLE, MAY BE REVOKED.
ANY  CHARITABLE  ORGANIZATION,  PROFESSIONAL FUND RAISER OR PROFESSIONAL
SOLICITOR FOUND TO HAVE BEEN IN VIOLATION OF SUBDIVISION TWO OR THREE OF
THIS SECTION IN THREE OR MORE SEPARATE OCCURRENCES, SHALL BE  FINED  TEN
THOUSAND  DOLLARS  AND  SUCH  ORGANIZATION'S  REGISTRATION  PURSUANT  TO
SECTION ONE  HUNDRED  SEVENTY-TWO,  ONE  HUNDRED  SEVENTY-THREE  OR  ONE
HUNDRED  SEVENTY-THREE-B  OF THIS ARTICLE SHALL BE REVOKED. THE CONSUMER
PROTECTION DIVISION SHALL, WHENEVER POSSIBLE, ASSIST THE ATTORNEY GENER-
AL IN ANY INVESTIGATION OF A CHARITABLE ORGANIZATION  PURSUANT  TO  THIS
SUBDIVISION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall apply to all  solicitation  used  by  or  on
behalf of any charitable organization on and after such effective date.

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Senate Bill S3385

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

May 5, 2015 - Finance Committee Vote

Finance Committee Vote: May 5, 2015

2015-S3385 (ACTIVE) - Details

2015-S3385 (ACTIVE) - Summary

2015-S3385 (ACTIVE) - Sponsor Memo

2015-S3385 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3385

Share this bill

Sponsored By

Michael H. Ranzenhofer

Archive: Last Bill Status - In Senate Committee Finance Committee

2015-S3385 (ACTIVE) - Details

2015-S3385 (ACTIVE) - Summary

2015-S3385 (ACTIVE) - Sponsor Memo

2015-S3385 (ACTIVE) - Bill Text download pdf

Comments