Relates to solicitation used by or on behalf of any charitable organization

BILL NUMBER:S3385

Title of bill

An act to amend the executive law, in relation to solicitation used by or on behalf of any charitable organization

Summary of provisions

SECTION 1 amends subdivisions 2 and 3 of section 174-b of the Executive Law to provide:

(1) That any solicitation by or on behalf of any charitable organization shall include a statement identifying the website of the New York State Attorney General reporting telemarketing campaigns in the state, and a telephone number to contact the Charities Bureau of the Attorney General to answer questions about charities.

(2) That any solicitation made by a professional fundraiser or professional solicitor by any means on behalf of a charitable organization required to be registered pursuant to Article 7-A of the Executive Law shall include a statement identifying the website of the New York State Attorney General reporting telemarketing campaigns in the state, and a telephone number to contact the Charities Bureau of the Attorney General to answer questions about charities.

(3) That the Attorney General may prosecute an action for violation of these subdivision and provides for fines.

SECTION 2 provides that this act shall take effect on the ninetieth day after it shall have become law and shall apply for all solicitation used by or on behalf of any charitable organization on or after such effective date.

Purpose and justification

New Yorkers collectively receive millions of solicitations for donations to charities each year. Although the state, through one of its websites, provides information as to how much of each donated dollar is actually used to directly benefit the needy, many, and perhaps most, New Yorkers are not aware that they can find this information. There have been articles written over the years discussing how little some professional fundraisers actually give to the charities for whom they solicit, and Attorney General Schneiderman recently issued a report that shows that some charities and professional fundraisers use virtually all the funds they raise for their own overhead and benefit.

This bill would require that fundraisers advise potential donors of the existence of the Attorney General's website, and also provide a telephone number for the Charities Bureau of the Attorney General's office if they do not access to the internet. With this information, New Yorkers have a better opportunity to make an informed decision as to whether they should donate in response to the solicitation they are receiving.

Existing law

Article 7-A of the Executive Law regulates the charitable solicitation in the state.

Prior legislative history

2013-14 - S.3797 -- FINANCE

Fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day after it shall become law and shall apply for all solicitation used by or on behalf of any charitable organization on or after such effective date.