S T A T E O F N E W Y O R K
________________________________________________________________________
628
2017-2018 Regular Sessions
I N S E N A T E
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:
Section 1. Subdivision 1 of section 172-b of the executive law, as
amended by section 3 of chapter 549 of the laws of 2013, is amended to
read as follows:
1. Every charitable organization registered or required to be regis-
tered pursuant to section one hundred seventy-two of this article which
shall receive in any fiscal year gross revenue and support in excess of
five hundred thousand dollars shall file with the attorney general an
annual written financial report, on forms prescribed by the attorney
general, on or before the fifteenth day of the fifth calendar month
after the close of such fiscal year. The annual financial report shall
be accompanied by an annual financial statement which includes an inde-
pendent certified public accountant's audit report containing an opinion
that the financial statements are presented fairly in all material
respects and in conformity with generally accepted accounting princi-
ples, including compliance with all pronouncements of the financial
accounting standards board and the American Institute of Certified
Public Accountants that establish accounting principles relevant to
not-for-profit organizations. Such financial report shall include a
statement of any changes in the information required to be contained in
the registration form filed on behalf of such organization. The finan-
cial report shall be signed by the president or other authorized officer
and the chief fiscal officer of the organization who shall certify under
penalties for perjury that the statements therein are true and correct
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.
LBD05512-01-7
S. 628 2
signed by an independent public accountant that the financial statement
and balance sheet therein present fairly the financial operations and
position of the organization. THE ATTORNEY GENERAL MAY REQUIRE THE
REPORTING OF A CONTRIBUTION OR GRANT FROM A GOVERNMENT AGENCY DURING THE
REPORTING PERIOD, INCLUDING BUT NOT LIMITED TO FOREIGN GOVERNMENT ENTI-
TIES. A fee of twenty-five dollars payable to the attorney general shall
accompany such financial report at the time of filing, provided however,
that any such organization that is registered with the attorney general
pursuant to article eight of the estates, powers and trusts law is
required to file only one annual financial report which meets the filing
requirements of this article and section 8-1.4 of the estates, powers
and trusts law.
§ 2. Subdivision 1 of section 172-b of the executive law, as amended
by section 3-a of chapter 549 of the laws of 2013, is amended to read as
follows:
1. Every charitable organization registered or required to be regis-
tered pursuant to section one hundred seventy-two of this article which
shall receive in any fiscal year gross revenue and support in excess of
seven hundred fifty thousand dollars shall file with the attorney gener-
al an annual written financial report, on forms prescribed by the attor-
ney general, on or before the fifteenth day of the fifth calendar month
after the close of such fiscal year. The annual financial report shall
be accompanied by an annual financial statement which includes an inde-
pendent certified public accountant's audit report containing an opinion
that the financial statements are presented fairly in all material
respects and in conformity with generally accepted accounting princi-
ples, including compliance with all pronouncements of the financial
accounting standards board and the American Institute of Certified
Public Accountants that establish accounting principles relevant to
not-for-profit organizations. Such financial report shall include a
statement of any changes in the information required to be contained in
the registration form filed on behalf of such organization. The finan-
cial report shall be signed by the president or other authorized officer
and the chief fiscal officer of the organization who shall certify under
penalties for perjury that the statements therein are true and correct
to the best of their knowledge, and shall be accompanied by an opinion
signed by an independent public accountant that the financial statement
and balance sheet therein present fairly the financial operations and
position of the organization. THE ATTORNEY GENERAL MAY REQUIRE THE
REPORTING OF A CONTRIBUTION OR GRANT FROM A GOVERNMENT AGENCY DURING THE
REPORTING PERIOD, INCLUDING BUT NOT LIMITED TO FOREIGN GOVERNMENT ENTI-
TIES. A fee of twenty-five dollars payable to the attorney general shall
accompany such financial report at the time of filing, provided however,
that any such organization that is registered with the attorney general
pursuant to article eight of the estates, powers and trusts law is
required to file only one annual financial report which meets the filing
requirements of this article and section 8-1.4 of the estates, powers
and trusts law.
§ 3. Subdivision 1 of section 172-b of the executive law, as amended
by section 3-b of chapter 549 of the laws of 2013, is amended to read as
follows:
1. Every charitable organization registered or required to be regis-
tered pursuant to section one hundred seventy-two of this article which
shall receive in any fiscal year gross revenue and support in excess of
one million dollars shall file with the attorney general an annual writ-
ten financial report, on forms prescribed by the attorney general, on or
S. 628 3
before the fifteenth day of the fifth calendar month after the close of
such fiscal year. The annual financial report shall be accompanied by an
annual financial statement which includes an independent certified
public accountant's audit report containing an opinion that the finan-
cial statements are presented fairly in all material respects and in
conformity with generally accepted accounting principles, including
compliance with all pronouncements of the financial accounting standards
board and the American Institute of Certified Public Accountants that
establish accounting principles relevant to not-for-profit organiza-
tions. Such financial report shall include a statement of any changes in
the information required to be contained in the registration form filed
on behalf of such organization. The financial report shall be signed by
the president or other authorized officer and the chief fiscal officer
of the organization who shall certify under penalties for perjury that
the statements therein are true and correct to the best of their know-
ledge, and shall be accompanied by an opinion signed by an independent
public accountant that the financial statement and balance sheet therein
present fairly the financial operations and position of the organiza-
tion. THE ATTORNEY GENERAL MAY REQUIRE THE REPORTING OF A CONTRIBUTION
OR GRANT FROM A GOVERNMENT AGENCY DURING THE REPORTING PERIOD, INCLUDING
BUT NOT LIMITED TO FOREIGN GOVERNMENT ENTITIES. A fee of twenty-five
dollars payable to the attorney general shall accompany such financial
report at the time of filing, provided however, that any such organiza-
tion that is registered with the attorney general pursuant to article
eight of the estates, powers and trusts law is required to file only one
annual financial report which meets the filing requirements of this
article and section 8-1.4 of the estates, powers and trusts law.
§ 4. This act shall take effect immediately, provided that the amend-
ments to subdivision 1 of section 172-b of the executive law made by
section one of this act shall be subject to the expiration and reversion
of such subdivision, when upon such date the provisions of section two
of this act shall take effect, and provided, further, that the amend-
ments to subdivision 1 of section 172-b of the executive law made by
section two of this act shall be subject to the expiration and reversion
of such subdivision, when upon such date the provisions of section three
of this act shall take effect.