NY State Senate Bill 2019-S4617

Senate Bill S4617

2019-2020 Legislative Session

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

download bill text pdf

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 08, 2020	referred to finance
Mar 15, 2019	referred to finance

2019-S4617 (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
2017-2018: S3464
2021-2022: S5019
2023-2024: S5286

2019-S4617 (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.

2019-S4617 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4617

SPONSOR: PARKER
 
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 engag-
ing 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 agree-
ment.

 
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:

2017-2018: S.3464 - REFERRED TO FINANCE 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.

2019-S4617 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4617
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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.
                                                            LBD10637-01-9

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