11/5/14 N.Y. St. Reg. LAW-33-14-00005-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Repeal of section 91.6 of Title 13 NYCRR.
Statutory authority:
Executive Law, section 177(1); and Estates, Powers and Trust Law, section 8-1.4(h)
Subject:
Contents of annual financial reports filed with the Attorney General by certain nonprofits.
Purpose:
To repeal rule requiring that nonprofits disclose information about election advocacy to the Attorney General.
Text or summary was published
in the August 20, 2014 issue of the Register, I.D. No. LAW-33-14-00005-EP.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Gregory M. Krakower, Department of Law, 120 Broadway, NY, NY 10271, (212) 416-8030, email:
gregory.krakower@ag.ny.govInitial Review of Rule
As a rule that does not require a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2019, which is no later than the 5th year after the year in which this rule is being adopted.
Assessment of Public Comment
The Department of Law received one comment on the rule during the comment period from a leading provider of business and transactional legal services to many non-profit organizations. The comment supported the proposed rule to repeal section 91.6 of Title 13 of the N.Y.C.R.R. (hereinafter “section 91.6”). It noted that reporting requirements related to the election related activities of nonprofits imposed by other agencies, including the New York State Board of Elections, made the reporting requirements imposed by section 91.6 duplicative and burdensome. The Department of Law evaluated the comment. It agrees that section 91.6 should be repealed. Section 14-107 of the Election Law and applicable rules promulgated by the New York State Board of Elections have made the requirements of section 91.6 largely redundant, and in some cases contradictory, and place an unnecessary burden on covered nonprofit organizations.
