Assembly Bill A11154

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11154
 
                           I N  A S S E M B L Y
 
                             December 4, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Paulin,
   Magnarelli, McDonough, Giglio)  --  read  once  and  referred  to  the
   Committee on Governmental Operations
 
 AN  ACT  to  amend  the  executive  law,  in relation to prohibiting the
   disclosure of certain information  required  on  financial  disclosure
   reports of certain not-for-profit organizations

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 8 of section  172  of  the  executive  law,  as
 amended  by  chapter  43  of  the  laws  of  2002, is amended to read as
 follows:
   8. Forms, financial reports, professional fund raisers' contracts, and
 other documents required to be filed pursuant  to  this  article  become
 public  records  of the attorney general, EXCEPT THAT WHERE SUCH RECORDS
 INCLUDE THE NAMES, ADDRESSES OR TELEPHONE NUMBERS  OF  CONTRIBUTORS  AND
 AMOUNTS  CONTRIBUTED  BY  THEM,  SUCH  INFORMATION SHALL NOT BE A PUBLIC
 RECORD AND SHALL NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF
 THE PUBLIC OFFICERS LAW, AND THE ATTORNEY GENERAL SHALL KEEP SUCH INFOR-
 MATION CONFIDENTIAL AND USE IT SOLELY FOR THE PURPOSE OF  ENFORCING  THE
 NOT-FOR-PROFIT   CORPORATION   AND   RELIGIOUS   CORPORATION  LAWS,  THE
 PROVISIONS OF THIS ARTICLE, ARTICLE EIGHT OF  THE  ESTATES,  POWERS  AND
 TRUSTS  LAW, AND THE ATTORNEY GENERAL'S OTHER CHARITABLE TRUST OVERSIGHT
 RESPONSIBILITIES.
   § 2. Subdivision 9 of section 172-b of the executive law, as added  by
 section  1  of  Part UU of chapter 55 of the laws of 2020, is amended to
 read as follows:
   9. Any registered charitable organization [that is required to file an
 annual financial report pursuant to  subdivision  one  or  two  of  this
 section, or] that is required to file a funding disclosure report pursu-
 ant  to  section  one  hundred  seventy-two-e  of this article, and/or a
 financial  disclosure   report   pursuant   to   section   one   hundred
 seventy-two-f of this article for a reporting period during the applica-
 ble  fiscal  year  shall  also be required to file such annual financial
 report, including all required forms and attachments, with  the  depart-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD17526-01-0

 A. 11154                            2
 
 ment  of state. WHERE SUCH RECORDS INCLUDE THE NAMES, ADDRESSES OR TELE-
 PHONE NUMBERS OF CONTRIBUTORS AND  AMOUNTS  CONTRIBUTED  BY  THEM,  SUCH
 INFORMATION  SHALL  NOT  BE  A PUBLIC RECORD AND SHALL NOT BE SUBJECT TO
 DISCLOSURE  PURSUANT  TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW, AND THE
 DEPARTMENT OF STATE SHALL USE SUCH INFORMATION SOLELY FOR  THE  PURPOSES
 OF  ENFORCING  SECTIONS ONE HUNDRED SEVENTY-TWO-E AND ONE HUNDRED SEVEN-
 TY-TWO-F OF THIS ARTICLE AND SHALL  KEEP  THE  INFORMATION  CONFIDENTIAL
 EXCEPT AS PROVIDED IN SECTIONS ONE HUNDRED SEVENTY-TWO-E AND ONE HUNDRED
 SEVENTY-TWO-F OF THIS ARTICLE.
   § 3. This act shall take effect immediately; provided that section two
 of this act shall take effect on the same date and in the same manner as
 section 1 of part UU of chapter 55 of the laws of 2020, takes effect.