Bill Text: NY S00628 | 2017-2018 | General Assembly | Introduced
Bill Title: Provides that the attorney general may require reporting of contributions or grants from a government agency by registered charitable organizations; includes contributions by foreign government entities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S00628 Detail]
Download: New_York-2017-S00628-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 628 2017-2018 Regular Sessions IN SENATE January 4, 2017 ___________ Introduced by Sen. BOYLE -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, in relation to reporting of contrib- utions or grants from a government agency by registered charitable organizations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 172-b of the executive law, as 2 amended by section 3 of chapter 549 of the laws of 2013, is amended to 3 read as follows: 4 1. Every charitable organization registered or required to be regis- 5 tered pursuant to section one hundred seventy-two of this article which 6 shall receive in any fiscal year gross revenue and support in excess of 7 five hundred thousand dollars shall file with the attorney general an 8 annual written financial report, on forms prescribed by the attorney 9 general, on or before the fifteenth day of the fifth calendar month 10 after the close of such fiscal year. The annual financial report shall 11 be accompanied by an annual financial statement which includes an inde- 12 pendent certified public accountant's audit report containing an opinion 13 that the financial statements are presented fairly in all material 14 respects and in conformity with generally accepted accounting princi- 15 ples, including compliance with all pronouncements of the financial 16 accounting standards board and the American Institute of Certified 17 Public Accountants that establish accounting principles relevant to 18 not-for-profit organizations. Such financial report shall include a 19 statement of any changes in the information required to be contained in 20 the registration form filed on behalf of such organization. The finan- 21 cial report shall be signed by the president or other authorized officer 22 and the chief fiscal officer of the organization who shall certify under 23 penalties for perjury that the statements therein are true and correct 24 to the best of their knowledge, and shall be accompanied by an opinion EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05512-01-7S. 628 2 1 signed by an independent public accountant that the financial statement 2 and balance sheet therein present fairly the financial operations and 3 position of the organization. The attorney general may require the 4 reporting of a contribution or grant from a government agency during the 5 reporting period, including but not limited to foreign government enti- 6 ties. A fee of twenty-five dollars payable to the attorney general shall 7 accompany such financial report at the time of filing, provided however, 8 that any such organization that is registered with the attorney general 9 pursuant to article eight of the estates, powers and trusts law is 10 required to file only one annual financial report which meets the filing 11 requirements of this article and section 8-1.4 of the estates, powers 12 and trusts law. 13 § 2. Subdivision 1 of section 172-b of the executive law, as amended 14 by section 3-a of chapter 549 of the laws of 2013, is amended to read as 15 follows: 16 1. Every charitable organization registered or required to be regis- 17 tered pursuant to section one hundred seventy-two of this article which 18 shall receive in any fiscal year gross revenue and support in excess of 19 seven hundred fifty thousand dollars shall file with the attorney gener- 20 al an annual written financial report, on forms prescribed by the attor- 21 ney general, on or before the fifteenth day of the fifth calendar month 22 after the close of such fiscal year. The annual financial report shall 23 be accompanied by an annual financial statement which includes an inde- 24 pendent certified public accountant's audit report containing an opinion 25 that the financial statements are presented fairly in all material 26 respects and in conformity with generally accepted accounting princi- 27 ples, including compliance with all pronouncements of the financial 28 accounting standards board and the American Institute of Certified 29 Public Accountants that establish accounting principles relevant to 30 not-for-profit organizations. Such financial report shall include a 31 statement of any changes in the information required to be contained in 32 the registration form filed on behalf of such organization. The finan- 33 cial report shall be signed by the president or other authorized officer 34 and the chief fiscal officer of the organization who shall certify under 35 penalties for perjury that the statements therein are true and correct 36 to the best of their knowledge, and shall be accompanied by an opinion 37 signed by an independent public accountant that the financial statement 38 and balance sheet therein present fairly the financial operations and 39 position of the organization. The attorney general may require the 40 reporting of a contribution or grant from a government agency during the 41 reporting period, including but not limited to foreign government enti- 42 ties. A fee of twenty-five dollars payable to the attorney general shall 43 accompany such financial report at the time of filing, provided however, 44 that any such organization that is registered with the attorney general 45 pursuant to article eight of the estates, powers and trusts law is 46 required to file only one annual financial report which meets the filing 47 requirements of this article and section 8-1.4 of the estates, powers 48 and trusts law. 49 § 3. Subdivision 1 of section 172-b of the executive law, as amended 50 by section 3-b of chapter 549 of the laws of 2013, is amended to read as 51 follows: 52 1. Every charitable organization registered or required to be regis- 53 tered pursuant to section one hundred seventy-two of this article which 54 shall receive in any fiscal year gross revenue and support in excess of 55 one million dollars shall file with the attorney general an annual writ- 56 ten financial report, on forms prescribed by the attorney general, on orS. 628 3 1 before the fifteenth day of the fifth calendar month after the close of 2 such fiscal year. The annual financial report shall be accompanied by an 3 annual financial statement which includes an independent certified 4 public accountant's audit report containing an opinion that the finan- 5 cial statements are presented fairly in all material respects and in 6 conformity with generally accepted accounting principles, including 7 compliance with all pronouncements of the financial accounting standards 8 board and the American Institute of Certified Public Accountants that 9 establish accounting principles relevant to not-for-profit organiza- 10 tions. Such financial report shall include a statement of any changes in 11 the information required to be contained in the registration form filed 12 on behalf of such organization. The financial report shall be signed by 13 the president or other authorized officer and the chief fiscal officer 14 of the organization who shall certify under penalties for perjury that 15 the statements therein are true and correct to the best of their know- 16 ledge, and shall be accompanied by an opinion signed by an independent 17 public accountant that the financial statement and balance sheet therein 18 present fairly the financial operations and position of the organiza- 19 tion. The attorney general may require the reporting of a contribution 20 or grant from a government agency during the reporting period, including 21 but not limited to foreign government entities. A fee of twenty-five 22 dollars payable to the attorney general shall accompany such financial 23 report at the time of filing, provided however, that any such organiza- 24 tion that is registered with the attorney general pursuant to article 25 eight of the estates, powers and trusts law is required to file only one 26 annual financial report which meets the filing requirements of this 27 article and section 8-1.4 of the estates, powers and trusts law. 28 § 4. This act shall take effect immediately, provided that the amend- 29 ments to subdivision 1 of section 172-b of the executive law made by 30 section one of this act shall be subject to the expiration and reversion 31 of such subdivision, when upon such date the provisions of section two 32 of this act shall take effect, and provided, further, that the amend- 33 ments to subdivision 1 of section 172-b of the executive law made by 34 section two of this act shall be subject to the expiration and reversion 35 of such subdivision, when upon such date the provisions of section three 36 of this act shall take effect.
