Assembly Bill A4095

2013-2014 Legislative Session

Requires tax exempt organizations to report on funds spent on judgments and settlements regarding harassment, assault or abuse allegations against its officials

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A4095 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §8-1.4, EPT L; amd §172-b, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3408
2011-2012: A3172
2015-2016: A4866
2017-2018: A634
2019-2020: A87
2021-2022: A156
2023-2024: A6653

2013-A4095 (ACTIVE) - Summary

Requires tax exempt organizations to report on moneys spent on judgments and settlements regarding harassment, assault or abuse allegations against its officers, directors, employees, agents and trustees.

2013-A4095 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4095

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2013
                               ___________

Introduced  by M. of A. PERRY -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the estates, powers and trusts  law  and  the  executive
  law,  in relation to requiring not-for-profit and exempt organizations
  and trustees to report annually whether or not moneys  were  spent  to
  pay  judgments or settle accusations related to harassment, assault or
  abuse allegedly committed by officers, directors, employees or  agents
  of the organizations or trustees

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 8-1.4 of the estates,  powers  and  trusts  law  is
amended by adding a new paragraph (t) to read as follows:
  (T)  (1)  NOTWITHSTANDING  THE  EXEMPTIONS  FROM  THE REGISTRATION AND
REPORTING PROVISIONS OF THIS SECTION SPECIFIED IN PARAGRAPH (B) OF  THIS
SECTION,  THE  PROVISIONS  OF THIS PARAGRAPH SHALL APPLY TO A DESIGNATED
"TRUSTEE", AS DEFINED IN PARAGRAPH (A) OF THIS SECTION,  EXCEPT  TO  THE
EXTENT, IF ANY, THAT THE APPLICATION OF THIS PARAGRAPH TO ANY PARTICULAR
TRUSTEE IS FOUND BY THE FINAL JUDGMENT OF A COURT OF COMPETENT JURISDIC-
TION,  AFTER ANY AND ALL APPEALS HAVE BEEN EXHAUSTED, TO BE VIOLATIVE OF
THE FEDERAL OR STATE CONSTITUTION.
  (2) A DESIGNATED TRUSTEE SHALL FILE ANNUALLY WITH THE ATTORNEY GENERAL
ON A FORM PRESCRIBED BY THE ATTORNEY GENERAL AND ON SUCH DATE  OR  DATES
AS  THE  ATTORNEY GENERAL SHALL REQUIRE, A DISCLOSURE STATEMENT, SETTING
FORTH UNDER THE PENALTIES OF PERJURY WHETHER OR NOT  ANY  OF  THE  FUNDS
ENTRUSTED  TO SUCH BOARD OF TRUSTEES OR DESIGNATED TRUSTEE WERE EXPENDED
DURING THE IMMEDIATELY PRECEDING FISCAL YEAR COVERED BY  SUCH  STATEMENT
FOR  THE  PURPOSE OF SATISFYING ANY JUDGMENT OR PAYING THE AMOUNT OF ANY
SETTLEMENT RELATED TO ONE OR  MORE  ALLEGATIONS  OF  SEXUAL  HARASSMENT,
SEXUAL  ASSAULT,  OR  CHILD  ABUSE  COMMITTED  BY  AN OFFICER, DIRECTOR,
EMPLOYEE OR AGENT OF THE BOARD OF TRUSTEES OR A  DESIGNATED  TRUSTEE.  A
TRUSTEE  OTHERWISE  REQUIRED TO FILE AN ANNUAL FINANCIAL REPORT PURSUANT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00050-01-3
              

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