NY State Senate Bill 2017-S3464

Senate Bill S3464

2017-2018 Legislative Session

Prohibits charitable organizations from using charitable donations for confidentiality agreements or closed settlement agreements

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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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to finance
Jan 23, 2017	referred to finance

co-Sponsors

2017-S3464 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §172-g, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1343
2011-2012: S1236
2013-2014: S829
2015-2016: S1819
2019-2020: S4617
2021-2022: S5019
2023-2024: S5286

2017-S3464 (ACTIVE) - Summary

Prohibits a charitable organization from using any charitable donations that the charitable organization receives to make any sort of payment that arises as a term of a confidentiality agreement or closed settlement agreement.

2017-S3464 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3464

 TITLE OF BILL :  An act to amend the executive law, in relation to
prohibiting charitable organizations registered in the state of New
York from using any charitable donations for confidentiality
agreements or closed settlement agreements

 PURPOSE :

To prohibit charities registered with the State of New York from
engaging in the practice of using charitable dollars for the purpose
of closed "gagged" settlement agreements.

 SUMMARY OF PROVISIONS :

Amends the executive law by adding a new section 172-g. Would prohibit
any charitable organization registered with the State of New York from
using charitable donations for confidentiality agreements or closed
settlement agreements. Defines "confidentiality agreement" or "closed
settlement agreement" to mean any private agreement or court ordered
agreement resolving a cause of action which limits the possession,
disclosure or dissemination of information about any part of the
agreement.

 JUSTIFICATION :

This proposal has two benefits. First, it is only fair that those who
donate money, to charities know where their charitable dollars are
going. Second, those engaged in covering up child sex abuse, or any
crime for that matter should not be allowed to hide under a "gagged
agreement."

 LEGISLATIVE HISTORY :

2015-2016:S.1819- Died in Finance
2013-2014:S.829-Died in Finance
2011-2012:S.1236- Died in Finance
2009-2010:S.1343(Duane)-Died in Finance
2007-2008:S.1805(Duane)-Died in Senate Finance Committee
2005-2006:S.4211(Duane)-Died in Senate Finance Committee
2003-2004:S.2815(Duane)-Died in Senate Finance Committee

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2017-S3464 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3464
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2017
                                ___________
 
 Introduced by Sens. PARKER, DILAN -- 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 charitable
   organizations registered in the state of New York from using any char-
   itable  donations  for confidentiality agreements or closed settlement
   agreements
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 172-g
 to read as follows:
   § 172-G. PROHIBITS ANY CHARITABLE ORGANIZATION FROM  USING  CHARITABLE
 DONATIONS  FOR  CONFIDENTIALITY  AGREEMENTS  OR CLOSED SETTLEMENT AGREE-
 MENTS. 1. ANY CHARITABLE ORGANIZATION REGISTERED IN  THE  STATE  OF  NEW
 YORK  SHALL  BE  PROHIBITED  FROM USING ANY CHARITABLE DONATION THAT THE
 CHARITABLE ORGANIZATION RECEIVES TO MAKE ANY SORT OF PAYMENT THAT ARISES
 AS A TERM OF A CONFIDENTIALITY AGREEMENT OR CLOSED SETTLEMENT AGREEMENT.
   2. FOR THE PURPOSES OF THIS SECTION,  "CONFIDENTIALITY  AGREEMENT"  OR
 "CLOSED  SETTLEMENT AGREEMENT" SHALL MEAN ANY PRIVATE AGREEMENT OR COURT
 ORDERED  AGREEMENT  RESOLVING  A  CAUSE  OF  ACTION  WHICH  LIMITS   THE
 POSSESSION, DISCLOSURE OR DISSEMINATION OF INFORMATION ABOUT ANY PART OF
 THE AGREEMENT.
   §  2. This act shall take effect immediately and shall apply to agree-
 ments and proposed agreements entered into on or  after  such  effective
 date.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06625-01-7

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Senate Bill S3464

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Sponsored By

Kevin S. Parker