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Senator Charles J. Fuschillo, Jr. announced recently that legislation he co-sponsored has been introduced in the New York State Senate that would increase penalties involving fraudulent charitable solicitations, and give those who make such donations more rights in knowing exactly who is receiving their money.

According to Fuschillo, chairman of the Senate Consumer Protection Committee, the legislation would enable prospective donors to obtain information regarding the proportion of funds received by the telemarketing organization and by the charity itself. In addition, the legislation would enforce actions taken against telemarketers that engage in fraudulent solicitation by establishing civil penalties of up to $1,000, or two times the amount of the donation, whichever is greater.

"The 'Pennies For Charity' report revealed a tremendous amount of information regarding just how much money actually goes to the charitable cause, and how much money the telemarketers walk away with," Fuschillo said. "In many cases, the best option for donations is to make the contribution to the charity directly, rather than making it through a telemarketing organization. That way, people can ensure that their money is going toward a good cause."

The Attorney General's "Pennies For Charity" report revealed the following:

* More than $184 million was raised in professional telemarketing campaigns for charities in 2001, with the for-profit fundraisers receiving more than $125 million (68 percent) of those funds, and the not-for-profit charities getting less than $60 million (31 percent).

* There were 588 charitable telemarketing campaigns in 2001, and in only 14 of those campaigns did the charities receive at least 75 percent of the money raised.

* In over 79 percent of the campaigns, the charities received less than half of the funds.

* In some cases, the telemarketing firms kept over 90 percent of the money raised. In the most extreme cases, the charities received none of the donations, or even had to pay a fee for the services of the fund-raiser.

In his continuing efforts to crack down on drunk driving, Senator Fuschillo recently pushed another anti-DWI measure through the Senate. Senator Fuschillo's legislation would include aggravated vehicular assault and vehicular murder to the list of felony offenses for driving while intoxicated as well as increase the fine from $1,000 to no less than $2,500.

"New York State continues to be a leader in the nation by passing tough DWI laws that are saving lives," said Fuschillo. "Increasing fines and adding aggravated vehicular assault and vehicular murder to the felony crimes of DWI is another warning to those who may drink and drive in New York State that stiff consequences and penalties will be paid."

In addition, the Senate passed a series of other legislative measures, co-sponsored by Fuschillo, that would:

* Establish the legal blood alcohol content as .08 for anyone operating a recreational vehicle in New York State waters.

* Lower the legal limit for anyone operating a commercial vehicle from .07 percent to .06 percent blood alcohol content (BAC).

* Increase the period of revocations for repeat offenders from one year to two years for drivers convicted of one prior DWI conviction, and from one year to four years for drivers with two or more prior DWI convictions within the previous 10 years.

* Establish the new crime of "Aggravated Vehicular Assault." A person would be guilty of this crime when recklessly causing serious injury to another person while operating any motor vehicle, boat, snowmobile, or all-terrain vehicle.

Senator Fuschillo recently announced that the New York State Senate passed legislation that would designate September 11th as "9/11 Remembrance Day" and would require the American flag to be flown at half-staff at public buildings.

"We will never forget how the tragedy of the terrorist attacks of September 11 changed all of our lives," Fuschillo said. "As a state, it is important for us to remember the sacrifices made by the firemen, policemen, and EMT members who rescued thousands of lives in New York and in Washington DC. This legislation is a small, but an appropriate act in recognition of their heroism and bravery."


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