Assembly Bill A3223

2011-2012 Legislative Session

Relates to charitable organizations

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2011-A3223 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd ยงยง172 & 172-d, Exec L
Versions Introduced in 2009-2010 Legislative Session:
A2040

2011-A3223 (ACTIVE) - Summary

Relates to charitable organizations; provides for a detailed statement setting forth how the percentage of funds contributed to such charitable organization are allocated according to certain criteria.

2011-A3223 (ACTIVE) - Bill Text download pdf

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

                                  3223

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced  by  M. of A. CALHOUN, BURLING, KOLB, McDONOUGH, OAKS -- read
  once and referred to the Committee on Governmental Operations

AN ACT to amend the executive law, in relation to  charitable  organiza-
  tions

  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  DETAILED  STATEMENT  SETTING FORTH HOW THE PERCENTAGE OF FUNDS
CONTRIBUTED TO THAT CHARITABLE ORGANIZATION ARE ALLOCATED TO EACH OF THE
FOLLOWING: (I) ADMINISTRATIVE AND OPERATING EXPENSES,  AND  (II)  DIRECT
CHARITABLE  PURPOSES CONSISTENT WITH THOSE STATED IN THAT ORGANIZATION'S
REGISTRATION AS REQUIRED BY PARAGRAPH (E) OF THIS SUBDIVISION.
  S 2. Subdivision 2 of section 172-d of the executive law,  as  amended
by chapter 43 of the laws of 2002, is amended to read as follows:
  2.  Engage  in any fraudulent or illegal act, device, scheme, artifice
to defraud or for obtaining money  or  property  by  means  of  a  false
pretense,  representation  or  promise,  transaction  or  enterprise  in
connection with any solicitation or with the registration, reporting and
disclosure provisions of this  article,  INCLUDING  ANY  STATEMENT  THAT
COULD  REASONABLY  BE  DEEMED  TO FALSELY IMPLY THAT A PROFESSIONAL FUND
RAISER AS DEFINED IN THIS ARTICLE IS NOT IN  FACT  A  PROFESSIONAL  FUND
RAISER  BUT  IS RATHER A MEMBER OR OFFICER OF THE ORGANIZATION WHICH HAS
CONTRACTED WITH SUCH PROFESSIONAL  FUND  RAISER.  The  term  "fraud"  or
"fraudulent"  as used herein shall include those acts which may be char-
acterized as misleading or deceptive including, but not limited to those
acts covered by the  term  "fraud"  or  "fraudulent"  under  subdivision
twelve  of  section  sixty-three  of this chapter AND ALSO INCLUDING ANY
VERBAL OR WRITTEN  STATEMENT  THAT  FALSELY  INDICATES  THAT  A  GREATER
PERCENTAGE  OF  FUNDS  COLLECTED BY THE PROFESSIONAL FUND RAISER WILL BE
FORWARDED TO THE ORGANIZATION WHICH HAS  CONTRACTED  WITH  SUCH  PROFES-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02844-01-1
              

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