NY State Senate Bill 2021-S5019

Senate Bill S5019

2021-2022 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 05, 2022	referred to finance
Feb 22, 2021	referred to finance

2021-S5019 (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
2019-2020: S4617
2023-2024: S5286

2021-S5019 (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.

2021-S5019 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5019

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 chari-
table 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:

2019 - 2020: S.4627 - Referred to Finance

2017 - 2018: S.3464 - REFERRED TO FINANCE

2015 - 2016: 5.1819- 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.

 
EFFECTIVE DATE:
Immediately.

2021-S5019 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5019
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2021
                                ___________
 
 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.
                                                            LBD09260-01-1

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