NY Exec L § 172-E (2021)
2021 New York Laws EXC - Executive Article 7-A - Solicitation and Collection of Funds for Charitable Purposes 172-E - Disclosure of Certain Donations by Charitable Non-Profit Entities.

§  172-e.  Disclosure  of  certain  donations by charitable non-profit entities. 1. Definitions. For the purposes of this section:  (a) "Covered entity" shall mean any  corporation  or  entity  that  is qualified  as  an  exempt  organization  or  entity by the United States Department of the Treasury under I.R.C. 501(c)(3) that  is  required  to report to the department of law pursuant to this section.  (b)  "In-kind  donation"  shall  mean  donations of staff, staff time, personnel or any other human  resources,  offices  or  office  supplies, except  that  an  in-kind donation shall not include an in-kind donation made by a person or  entity  in  the  course  of  an  activity  that  is substantially  related  to accomplishing the covered entity's tax exempt purposes where the in-kind donator is offering  or  providing  goods  or services  for  substantially less than fair market value to individuals, corporations or  groups,  and  those  goods  or  services  are  actually purchased  or  consumed by wholly unaffiliated individuals, corporations or groups for no charge or substantially less than  fair  market  value, and  may  include,  but  is  not limited to, pro bono legal services and other forms of technical assistance.  (c) "Donation" shall mean any contribution, including  a  gift,  loan, in-kind donation, advance or deposit of money or anything of value.  (d)  "Recipient  entity"  shall mean any corporation or entity that is qualified as an exempt organization  or  entity  by  the  United  States Department  of  the  Treasury under I.R.C. 501(c)(4) that is required to file a source of funding report with  the  joint  commission  on  public ethics pursuant to sections one-h and one-j of the legislative law.  (e)  "Reporting  period"  shall  mean  the  six  month period within a calendar year starting January first and ending June  thirtieth  or  the six  month  period within a calendar year starting July first and ending December thirty-first.   2. Funding disclosure reports to be filed by covered entities. (a) Any covered entity that makes an in-kind donation in excess of ten  thousand dollars  to  a recipient entity during a relevant reporting period shall file a funding disclosure report  with  the  department  of  state.  The funding disclosure report shall include:  (i)  the  name and address of the covered entity that made the in-kind donation;  (ii) the name and address of the recipient  entity  that  received  or benefitted from the in-kind donation;  (iii)  the  names  of  any persons who exert operational or managerial control over the  covered  entity.  The  disclosures  required  by  this paragraph shall include the name of at least one natural person;  (iv) the date such donation was made by the covered entity; and  (v)  a  description  of the in-kind donation, including the charitable purpose advanced by such donation, if any, and any restrictions  on  the use of such donation by the recipient entity.  (b) The covered entity shall file a funding disclosure report with the department  of  state  within  thirty  days  of the close of a reporting period.   3. Public disclosure of funding disclosure reports. The department  of state  shall  promulgate  any  regulations  necessary to implement these requirements and shall publish such reports on the department's  website when  authorized  pursuant  to subdivision two of this section; provided however that the secretary  of  state,  or  his  or  her  designee,  may determine  that  disclosure of all or a portion of the in-kind donations to the covered entity and financial assistance provided by  any  covered entity  to  one or more recipient entities, shall not be made public if, based upon a review of the  relevant  facts  presented  by  the  covered entity,   such  disclosure  may  cause  harm,  threats,  harassment,  or  reprisals to the source of the donation or to  individuals  or  property affiliated  with  the  source  of  the  donation. The covered entity may appeal the secretary's determination and such appeal shall be heard by a judicial  hearing  officer who is independent and not affiliated with or employed by the  department  of  state.  The  total  amount  of  in-kind donations to the covered entity and financial assistance provided by any covered entity to one or more recipient entities that are the subject of such appeal shall not be made public pending final judgment on appeal.   4.  If  a  covered  entity's or recipient entity's annual report filed pursuant to section one hundred seventy-two-b of this article  does  not include  a  completed  Internal  Revenue Service Form 990 schedule B and that covered entity makes, or that recipient entity receives, qualifying donations pursuant to subdivision two of this section, that entity shall in addition to filing a disclosure with the department of law, also file with the department of state a complete Internal  Revenue  Service  Form 990 Schedule B, regardless of whether such form is submitted or required to be submitted to the Internal Revenue Service.