NY State Senate Bill S4817A

Archive: Last Bill Status - Signed by Governor

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

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Actions

view actions (15)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 12, 2021	approval memo.40 signed chap.612
Nov 01, 2021	delivered to governor
Jun 10, 2021	returned to senate passed assembly ordered to third reading rules cal.751 substituted for a1141a
Jun 09, 2021	referred to codes delivered to assembly passed senate
May 24, 2021	amended on third reading 4817a
May 19, 2021	advanced to third reading
May 12, 2021	2nd report cal.
May 11, 2021	1st report cal.1014
Feb 12, 2021	referred to finance

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S4817 - Details

See Assembly Version of this Bill:: A1141
Law Section:: Executive Law
Laws Affected:: Amd §§172 & 172-b, Exec L
Versions Introduced in 2019-2020 Legislative Session:: A11154

S4817 - Summary

Prohibits the disclosure of the names, addresses and telephone numbers of contributors and the amounts contributed that are reported on financial disclosure reports of certain not-for-profit organizations.

S4817 - Sponsor Memo

 
BILL NUMBER: S4817

SPONSOR: KRUEGER
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that constitutionally protected personal and private data such
as names, addresses and telephone numbers of those who choose to
contribute to 501(c)3 Not For Profits are protected from unnecessary
disclosure.

 
SUMMARY OF PROVISIONS:

This legislation ensures that when certain sensitive data concerning
501(c)3 Not For Profits is reported to the Office of the Attorney Gener-
al and the Department of State it shall be used solely for the purpose

of enforcing existing laws-but constitutionally protected personal and
private data such as names, addresses, and telephone numbers of individ-
ual contributors shall not be part of the public record and shall remain
private and not be subject to disclosure.

 
JUSTIFICATION:

Most 501(c)(3) not-for-profit organizations are required to file their
federal tax filing with the New York Attorney General's Charities
Bureau, annually. However, as of January 1, 2021, those organizations
will have to file identical documents with the Department of State in
addition to the Charities Bureau.

This new filing requirement will make New York the only state that
requires 501(c)(3) organizations to file IRS Form 990 Schedule B infor-
mation with a. state agency without also requiring that agency keep the
information confidential. If identifiable information is not redacted
from public record, it is likely that potential donors who want to
contribute to nonpolitical 501(c)(3) organizations but prefer to main-
tain their anonymity will be discouraged from donating altogether.

The additional requirement for 501(c) (3) organizations to file with the
Department of State in addition to the Charities Bureau is both redun-
dant and burdensome for not-for-profits. Therefore, this bill would
remove the added filing requirement with the Department of State. Last-
ly, this bill would protect the privacy of donors by prohibiting the
publication of financial disclosure records that include the names,
addresses, or telephone numbers of donors and the amounts donated by
them.

 
PRIOR LEGISLATIVE HISTORY:

2021-22 New Bill/A.1411 Paulin
2019-20 A.11154 Paulin

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
Immediately.

S4817 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4817
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2021
                                ___________
 
 Introduced  by  Sen. KRUEGER -- 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  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02800-01-1

 S. 4817                             2
 
 ble fiscal year shall also be required to  file  such  annual  financial
 report,  including  all required forms and attachments, with the depart-
 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.

Co-Sponsors

S4817A (ACTIVE) - Details

See Assembly Version of this Bill:: A1141
Law Section:: Executive Law
Laws Affected:: Amd §§172 & 172-b, Exec L
Versions Introduced in 2019-2020 Legislative Session:: A11154

S4817A (ACTIVE) - Summary

S4817A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4817A

SPONSOR: KRUEGER
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To eliminate the requirement for charitable 501(c) (3) organizations
that file an annual financial statement with the New York Attorney
General's Charities Bureau to file the same financial statement with the
Department of State, and to ensure that personal and private data such
as names, addresses and telephone numbers of those who choose to
contribute to 501(c)3 not-for-profits are protected from unnecessary
disclosure.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 8 of section 172 of the Executive Law to
ensure that when certain sensitive data concerning 501(c)3 Not For
Profits is reported to the Office of the Attorney General it shall be
used solely for the purpose of conducting investigations and litigation
to enforce existing laws- but constitutionally Protected personal and
private data such as names, addresses, and telephone numbers of individ-
ual contributors shall not be part of the public record and shall remain
private and not be subject to disclosure.

Section 2 amends subdivision 9 of section 172-b of the Executive Law to
eliminate the requirement for registered charitable organizations which
are required to file annual financial statements with the Office of the
Attorney General under subdivisions 1 or 2 of section 172-b to file the
same annual financial statements with the Department of State.

Section 3 provides the effective date.

 
JUSTIFICATION:

Most 501(c)(3) not-for-profit organizations are required to file their
federal tax filing with the New York Attorney General's Charities
Bureau, annually. However, as of January 1, 2021, those organizations
have to file identical documents with the Department of State in addi-
tion to the Charities Bureau.

The additional requirement for 501(c)(3) organizations to file with the
Department of State in addition to the Charities Bureau is both redun-
dant and burdensome for not-for-profits. Therefore, this bill would
remove the added filing requirement with the Department of State for
those charitable 501(c)(3) organizations that file with the Charities
Bureau.

This bill would also protect the privacy of donors to charitable
501(c)(3)organizations which do not engage in lobbying or political
activities, by prohibiting the publication of financial disclosure
records that include the names, addresses, or telephone numbers of
donors and the amounts donated by them. If identifiable information is
not redacted from public record, it is likely that potential donors who
want to contribute to nonpolitical 501(c)(3) organizations but prefer to
maintain their anonymity will be discouraged from donating altogether.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: New Bill/S.1141 Paulin
2019-20: A.11154 Paulin

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

S4817A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4817--A
     Cal. No. 1014
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2021
                                ___________
 
 Introduced  by Sens. KRUEGER, COMRIE, HOYLMAN, SKOUFIS -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Finance  --  reported  favorably from said committee, ordered to first
   and second report, ordered to a third  reading,  amended  and  ordered
   reprinted, retaining its place in the order of third reading
 
 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
 ARE FORMS  INCLUDING  THE  NAMES,  ADDRESSES  OR  TELEPHONE  NUMBERS  OF
 CONTRIBUTORS AND AMOUNTS CONTRIBUTED BY THEM, SUCH NAMES, ADDRESSES, AND
 TELEPHONE  NUMBERS OF CONTRIBUTORS AND AMOUNTS CONTRIBUTED BY THEM 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 INFORMATION CONFIDENTIAL, EXCEPT WHEN  AUTHORIZED  BY  A
 COURT  ORDER,  AND  USE IT SOLELY FOR THE PURPOSE OF CONDUCTING INVESTI-
 GATIONS AND LITIGATION TO ENFORCE  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 AUTHORITY TO OVERSEE CHARITIES AND CHARITABLE ASSETS.
   §  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02800-05-1

 S. 4817--A                          2
 
   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-
 ment of state.
   § 3. This act shall take effect immediately.

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The New York State Senate

senate Bill S4817A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 9, 2021 - floor Vote

Floor Vote: Jun 9, 2021

May 11, 2021 - Finance committee Vote

Committee Vote: May 11, 2021

Bill Amendments

Co-Sponsors

S4817 - Details

S4817 - Summary

S4817 - Sponsor Memo

S4817 - Bill Text download pdf

Co-Sponsors

S4817A (ACTIVE) - Details

S4817A (ACTIVE) - Summary

S4817A (ACTIVE) - Sponsor Memo

S4817A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4817A

Share this bill

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 9, 2021 - floor Vote

Floor Vote: Jun 9, 2021

May 11, 2021 - Finance committee Vote

Committee Vote: May 11, 2021

Bill Amendments

Co-Sponsors

S4817 - Details

S4817 - Summary

S4817 - Sponsor Memo

S4817 - Bill Text download pdf

Co-Sponsors

S4817A (ACTIVE) - Details

S4817A (ACTIVE) - Summary

S4817A (ACTIVE) - Sponsor Memo

S4817A (ACTIVE) - Bill Text download pdf

Comments