[Adopted 12-7-2010 by L.L. No. 5-2011]
A.
This Legislature hereby finds and determines that members of the
military and their families serve in a vital role and sacrifice much
to protect and serve the United States.
B.
This Legislature also finds and determines that after their military
service ends, many veterans need assistance in returning to civilian
life.
C.
This Legislature further finds and determines that there are many
nonprofit veterans organizations that provide aid and support to veterans
and their families.
D.
This Legislature finds that these organizations frequently solicit
monetary donations from the public.
E.
This Legislature determines that some nonprofit veterans organizations
contract with professional fund-raisers to solicit donations from
the public.
F.
This Legislature also finds that many of these professional fund-raisers
retain the majority of the funds collected by public donation, with
the nonprofit veterans organization receiving little of the money
donated.
G.
This Legislature also determines that members of the public are often
unaware that their donations are not used to supply aid or services
to veterans and their families, but are instead paid to private solicitors.
H.
This Legislature further finds that many of these nonprofit veterans
organizations fail to file the financial disclosure forms required
as a nonprofit organization under state law.
I.
This Legislature further determines that nonprofit veterans organizations
should register with Suffolk County and provide annual financial statements
to ensure the integrity of the organizations operating within the
County.
J.
Therefore, the purpose of this article is to require that all nonprofit
veterans organizations register with the Suffolk County Department
of Audit and Control in order to solicit donations in Suffolk County.
[Amended 10-5-2016 by L.L. No. 32-2016]
As used in this article, the following terms shall have the
meanings indicated:
Any domestic organization organized under the New York State
Not-For-Profit Corporation Law for the purpose of providing support
to veterans or their families, which collects monetary donations from
the public. This definition shall not apply to any congressionally
chartered veterans organizations, as listed in Exhibit A of this article.[1]
[Amended 4-24-2012 by L.L. No. 33-2012]
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association, or other entity or business organization of any kind.
Any person who, for compensation or other consideration,
plans, conducts, manages or carries on any activity in Suffolk County
for the purpose of soliciting funds or contributions for or on behalf
of any nonprofit veterans organization or who engages in the business
or holds himself out to persons as being independently engaged in
the business of soliciting contributions for such purposes.
Any person who is employed or retained for compensation by
a professional fund-raiser to solicit funds or contributions on behalf
of any nonprofit veterans organization from persons in Suffolk County.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
[Amended 10-11-2011 by L.L. No. 52-2011; 4-24-2012 by L.L. No. 33-2012; 3-3-2015 by L.L. No. 11-2015; 10-5-2016 by L.L. No. 32-2016]
A.
No nonprofit veterans organization shall solicit funds or contributions
from the public or have funds or contributions solicited on its behalf
within the County of Suffolk unless it has filed a complete application
for registration statement with the Suffolk County Department of Audit
and Control in accordance with the provisions of this section. The
application for registration statement shall be refiled and updated
every year for as long as the nonprofit veterans organization is engaged
in solicitation activities in Suffolk County.
B.
The application for registration statement shall contain the following
information:
(1)
The agency's Articles of Incorporation, which documents the
purpose of the organization.
(2)
The agency's Annual Notice of New York State Registration for
the previous calendar year.
(3)
The agency's 501(c) Revenue Code as designated by the IRS with
employer identification number and tax-exempt status.
(4)
A written statement documenting the general purpose or purposes for
which the contributions solicited will be used.
(5)
A written statement documenting the names and business addresses
of the person or persons in direct charge of conducting the solicitation.
A physical address must be provided at the time of registration. A
post office box ("P.O. box") shall be insufficient.
[Amended 5-20-2020 by L.L. No. 16-2020]
(6)
A written statement indicating whether the organization intends to
use professional fund-raisers to solicit funds or contributions from
the public; if so, the names and business addresses of all professional
fund-raisers who will be connected with the solicitation.
(7)
A list of all organizations or individuals the nonprofit veterans
organization has donated to and the amount of each donation during
the agency's prior fiscal year; in addition, a separate schedule
of all Suffolk County veterans and their families assisted by the
organization during the agency's prior fiscal year.
(8)
A list of the agency's current Board of Directors, including
names, addresses and phone numbers.
(9)
A written statement indicating the amount of monies raised in the
preceding fiscal year that was expended to assist and support veterans'
programs within the County of Suffolk and/or individual veterans and
their families in the County of Suffolk, and a list of expenditures
and donations that comprise the monies expended to assist veterans'
programs and individual veterans and their families.
(10)
A written statement that the fact of registration will not be
used or represented in any way as an endorsement by the County of
Suffolk, the Suffolk County Veterans Services Agency or the Suffolk
County Department of Audit and Control of the solicitation conducted
thereunder.
(11)
Audited financial statements and/or IRS Form 990 for the organization's
prior two fiscal years. If the previous years' statements are
not finalized, a profit and loss statement and statement of activities
for the previous year which clearly identify the organization's
revenues and program, administrative and fund-raising expenses.
(12)
A written statement detailing the following for the agency's
previous fiscal year:
(a)
Total revenue, including donations, contributions, grants, and
investments;
(b)
Total funds expended to assist veterans and their families;
(c)
Amount and percentage of funds raised that were expended to
support veterans' programs in Suffolk County;
(d)
Amount of funds that remain undistributed;
(e)
Amount of monies paid to professional fundraisers and solicitors;
(f)
Total administrative expenses for the agency and the percentage
of total administrative expenses to total agency expenses.
(13)
A copy of the agency's certificate of liability insurance.
(14)
A copy of all Suffolk County business licenses and permits to
operate in Suffolk County.
C.
The Suffolk County Department of Audit and Control shall review all
documentation submitted by the agency with its application for registration
statement and determine whether all registration requirements have
been satisfied. The Comptroller may, if necessary, request additional
documentation from a nonprofit veterans organization to support its
registration statement; an organization's failure to comply with
the Comptroller's request for additional documentation will result
in an incomplete application. The Comptroller shall provide each nonprofit
veterans organization which has completed all registration requirements
with a registration certificate, which shall have a registration number
and expiration date. Nonprofit veterans organizations soliciting donations
must have a valid registration certificate displayed on premises at
all times.
D.
The Suffolk County Department of Audit and Control will publish on
its webpage the following information regarding each registered nonprofit
veterans organization for the previous year:
(1)
Total revenue, including donations, contributions, grants, and investments;
(2)
Total funds expended to assist veterans and their families;
(3)
Amount and percentage of funds raised that were expended to support
veterans' programs in Suffolk County;
(4)
Amount of funds that remain undistributed;
(5)
Amount of monies paid to professional fundraisers and solicitors;
(6)
Total administrative expenses for the agency and the percentage of
total administrative expenses to total agency expenses.
E.
The Suffolk County Department of Audit and Control shall deny an
application for registration or renewal if a nonprofit veterans organization
fails to submit any of the items required in the application for registration
statement within 90 days of the Department receiving the application.
[Amended 5-20-2020 by L.L. No. 16-2020]
F.
The Suffolk County Department of Audit and Control shall contact
each registered nonprofit veterans organization, both in writing and
via telephone, at least once 60 days prior to the organization's
registration expiring.
[Added 5-20-2020 by L.L.
No. 16-2020]
G.
The Suffolk County Department of Audit and Control shall contact
each registered nonprofit veterans organization, both in writing and
via telephone, after the organization's registration expires
notifying them that they are out of compliance with this article.
[Added 5-20-2020 by L.L.
No. 16-2020]
H.
The Suffolk County Department of Audit and Control shall contact
each nonprofit veterans organization, both in writing and via telephone,
that is soliciting funds in Suffolk County but has never registered
notifying them that they are out of compliance with this article.
[Added 5-20-2020 by L.L.
No. 16-2020]
I.
When a nonprofit veterans organization stops fundraising in Suffolk
County or ceases operation, the organization must notify the Suffolk
County Department of Audit and Control within 30 business days of
taking such action and prior to the expiration of its registration.
[Added 5-20-2020 by L.L.
No. 16-2020]
A.
No person
soliciting funds from the public for a nonprofit veterans organization,
either professionally or as a volunteer, shall dress in military fatigues
or a military uniform when soliciting.
B.
No civilian
person soliciting funds from the public for a nonprofit veterans organization
shall fraudulently represent to the public that he/she is a military
veteran through the wearing of military medals, badges, campaign ribbons
or any other article of clothing.
C.
No person
soliciting funds from the public for a nonprofit veterans organization
shall fraudulently misrepresent his/her record of military service.
Any person who makes a representation of his/her prior or current
military service while soliciting funds shall provide, upon demand,
appropriate and commonly accepted identification or credentials verifying
his/her service or veterans' status. A lawfully issued United
States Department of Veterans Affairs enrollment card, a Common Access
Card (CAC), a DD-214 or a Suffolk County Resident Veterans ID Card
issued by the Suffolk County Veterans Services Agency may be used
to verify military service or veterans status.
A.
Any nonprofit veterans organization which violates any of the provision
of this article shall be subject to a civil penalty of no less than
$500 nor more than $1,000 for each violation. Each day a nonprofit
veterans organization is in violation of this article shall constitute
a separate and distinct violation.
B.
Any nonprofit veterans organization which violates Subsection A, B(8) or D of § 353-21 or § 353-22 of this article shall be guilty of an unclassified misdemeanor and shall be subject to a penalty of up to $1,000 and/or up to one year’s imprisonment.
[1]
Editor’s Note: This local law also redesignated former
Subsection B as Subsection C.
C.
Civil penalties collected under this article shall be deposited with
the Veterans Service Agency to be used to provide services to homeless
veterans.
D.
The Suffolk County Department of Audit and Control is hereby empowered to revoke or deny a registration certificate to any nonprofit veterans organization which fails to file all required information with the Comptroller or which files falsified information. The Comptroller is further empowered to deny or revoke a registration certificate if it is determined that an officer, employee or agent of a nonprofit veterans organization has violated § 353-22, the federal Stolen Valor Act (18 U.S.C. § 704) or a substantially similar state or local statute. Any revocation or denial shall be effective for a period of one calendar year. A revocation or denial shall only be imposed by the County Comptroller following a hearing and opportunity for an alleged violator to be heard.
[Added 4-24-2012 by L.L. No. 33-2012; amended 3-3-2015 by L.L. No. 11-2015; 10-5-2016 by L.L. No. 32-2016]
The civil penalties prescribed by this article shall be recovered
by an action or proceeding in any court of competent jurisdiction.
All such actions or proceedings shall be brought in the name of the
County by the County Attorney. In addition, the County Attorney may
institute any other action or proceeding in any court of competent
jurisdiction that may be appropriate or necessary for the enforcement
of this article, including actions to secure permanent injunctions
enjoining any acts or practices which constitute a violation of any
provision of this article, mandating compliance with the provisions
of this article, or for such other relief as may be appropriate. In
any such action or proceeding, the County Attorney may apply to any
court of competent jurisdiction, or to a judge or justice thereof,
for a temporary restraining order or preliminary injunction enjoining
and restraining all persons from violating any provision of this article,
mandating compliance with the provisions of this article or for such
other relief as may be appropriate, until the hearing and determination
of such action or proceeding and the entry of final judgment or order
therein. The court, or judge or justice thereof, to whom such application
is made is hereby authorized forthwith to make any or all of the orders
above specified, as may be required in such application, with or without
notice, and to make such other and further orders or directions as
may be necessary to render the same effectual. No undertaking shall
be required as a condition to the granting or issuing of such order
or by reason thereof.
[Added 3-3-2015 by L.L.
No. 11-2015; amended 10-5-2016 by L.L. No. 32-2016; 5-20-2020 by L.L. No. 16-2020]
The Suffolk County Department of Audit and Control will submit
a written report to the Veterans and Consumer Affairs Committee of
the County Legislature no later than June 15 each year, summarizing
the information submitted by each registered nonprofit veterans organization
pursuant to this article. This report will include metrics indicating
the percentage of monies raised by each organization that was expended
or donated to support Suffolk County veterans and/or veterans'
programs. A distinction shall be made in metrics reporting between
local and national nonprofit veterans organizations with respect to
funds raised and expended in Suffolk County, with separate accountings
for each category of organizations. Specifically, the Department of
Audit and Control shall create three separate charts: one addressing
the funds raised and expended by national nonprofit veterans organizations,
one addressing the funds raised and expended by local nonprofit veterans
organizations which have a national presence and one addressing local
nonprofit veterans organizations which solely have a local presence.
The Comptroller shall post this report on its departmental website.
Each report shall also include, at a minimum, the following four schedules
as appendices:
A.
A schedule of organizations currently registered with the County;
B.
A schedule of organizations which have submitted registration applications
and are in the process of being certified;
C.
A schedule of organizations which have submitted registration applications
and are in the process of being recertified; and
D.
A schedule of organizations which have never registered or which
have expired registrations and no pending application for recertification.
[Added 10-5-2016 by L.L.
No. 32-2016]
Any information that identifies individual veterans or veterans'
families who received assistance from nonprofit veterans organizations
shall be confidential and will not be disseminated to the public.
This article shall apply to all nonprofit veterans organizations
operating or soliciting donations in Suffolk County on or after the
effective date of this article.
