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A01141 Summary:

BILL NOA01141A
 
SAME ASSAME AS S04817-A
 
SPONSORPaulin
 
COSPNSRMagnarelli, McDonough, Giglio JM, Gonzalez-Rojas, Epstein, Burdick, O'Donnell, Hevesi, Galef, Carroll, Englebright
 
MLTSPNSR
 
Amd §§172 & 172-b, Exec L
 
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.
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A01141 Actions:

BILL NOA01141A
 
01/07/2021referred to governmental operations
05/20/2021amend and recommit to governmental operations
05/20/2021print number 1141a
05/26/2021reported referred to codes
06/02/2021reported referred to rules
06/10/2021reported
06/10/2021rules report cal.751
06/10/2021substituted by s4817a
 S04817 AMEND=A KRUEGER
 02/12/2021REFERRED TO FINANCE
 05/11/20211ST REPORT CAL.1014
 05/12/20212ND REPORT CAL.
 05/19/2021ADVANCED TO THIRD READING
 05/24/2021AMENDED ON THIRD READING 4817A
 06/09/2021PASSED SENATE
 06/09/2021DELIVERED TO ASSEMBLY
 06/09/2021referred to codes
 06/10/2021substituted for a1141a
 06/10/2021ordered to third reading rules cal.751
 06/10/2021passed assembly
 06/10/2021returned to senate
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A01141 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1141A
 
SPONSOR: Paulin
  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: A.11154 of 2020, referred to governmental operations   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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A01141 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1141--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 7, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  PAULIN, MAGNARELLI, McDONOUGH, J. M. GIGLIO,
          GONZALEZ-ROJAS, EPSTEIN, BURDICK, O'DONNELL -- read once and  referred
          to  the  Committee on Governmental Operations -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee

        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:
 
     1    Section 1. Subdivision 8 of section  172  of  the  executive  law,  as
     2  amended  by  chapter  43  of  the  laws  of  2002, is amended to read as
     3  follows:
     4    8. Forms, financial reports, professional fund raisers' contracts, and
     5  other documents required to be filed pursuant  to  this  article  become
     6  public  records  of the attorney general, except that where such records
     7  are forms  including  the  names,  addresses  or  telephone  numbers  of
     8  contributors and amounts contributed by them, such names, addresses, and
     9  telephone  numbers of contributors and amounts contributed by them shall
    10  not be a public record and shall not be subject to  disclosure  pursuant
    11  to  article  six  of  the  public officers law, and the attorney general
    12  shall keep such information confidential, except when  authorized  by  a
    13  court  order,  and  use it solely for the purpose of conducting investi-
    14  gations and litigation to enforce  the  not-for-profit  corporation  and
    15  religious  corporation  laws,  the  provisions  of this article, article
    16  eight of the estates, powers and trusts law, and the attorney  general's
    17  other authority to oversee charities and charitable assets.
    18    §  2. Subdivision 9 of section 172-b of the executive law, as added by
    19  section 1 of part UU of chapter 55 of the laws of 2020,  is  amended  to
    20  read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02800-04-1

        A. 1141--A                          2
 
     1    9. Any registered charitable organization [that is required to file an
     2  annual  financial  report  pursuant  to  subdivision  one or two of this
     3  section, or] that is required to file a funding disclosure report pursu-
     4  ant to section one hundred  seventy-two-e  of  this  article,  and/or  a
     5  financial   disclosure   report   pursuant   to   section   one  hundred
     6  seventy-two-f of this article for a reporting period during the applica-
     7  ble fiscal year shall also be required to  file  such  annual  financial
     8  report,  including  all required forms and attachments, with the depart-
     9  ment of state.
    10    § 3. This act shall take effect immediately.
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