S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    156
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04337-01-1

 A. 156                              2
 
 TRUSTEE  OTHERWISE  REQUIRED TO FILE AN ANNUAL FINANCIAL REPORT PURSUANT
 TO THIS SECTION OR SECTION ONE HUNDRED SEVENTY-TWO-B  OF  THE  EXECUTIVE
 LAW  SHALL SATISFY THE FILING REQUIREMENT OF THIS PARAGRAPH BY INCLUDING
 SUCH ANNUAL DISCLOSURE STATEMENT WITH THE FILING OF THE TRUSTEE'S ANNUAL
 FINANCIAL  REPORT OR AS A PART OF THE TRUSTEE'S ANNUAL FINANCIAL REPORT.
 THE FAILURE TO FILE OR TIMELY FILE SUCH ANNUAL DISCLOSURE  STATEMENT  OR
 TO  INCLUDE  IT  AS  A  PART OF THE TRUSTEE'S ANNUAL FINANCIAL REPORT AS
 PERMITTED HEREIN SHALL SUBJECT THE TRUSTEE IN DEFAULT TO THE SAME  FINES
 AND  PENALTIES  AS  THOSE THAT ARE APPLICABLE TO FAILURE BY A TRUSTEE TO
 FILE OR TIMELY FILE THE TRUSTEE'S ANNUAL FINANCIAL REPORT.
   § 2. Section 172-b of the executive law is amended  by  adding  a  new
 subdivision 10 to read as follows:
   10.  (A)  NOTWITHSTANDING  THE  EXEMPTIONS  FROM  THE REGISTRATION AND
 REPORTING PROVISIONS OF THIS ARTICLE SPECIFIED IN  SECTION  ONE  HUNDRED
 SEVENTY-TWO-A  OF THIS ARTICLE, THE PROVISIONS OF THIS SUBDIVISION SHALL
 APPLY TO ALL "CHARITABLE ORGANIZATIONS" DEFINED IN SECTION  ONE  HUNDRED
 SEVENTY-ONE-A  OF  THIS  ARTICLE  AND TO ALL ENTITIES OTHERWISE EXEMPTED
 FROM THIS ARTICLE THAT ARE ENUMERATED IN SECTION  ONE  HUNDRED  SEVENTY-
 TWO-A  OF  THIS ARTICLE, EXCEPT TO THE EXTENT, IF ANY, THAT THE APPLICA-
 TION OF THIS SUBDIVISION TO ANY PARTICULAR  CHARITABLE  ORGANIZATION  IS
 FOUND  BY THE FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION, AFTER
 ANY AND ALL APPEALS HAVE BEEN EXHAUSTED, TO BE VIOLATIVE OF THE  FEDERAL
 OR STATE CONSTITUTION.
   (B)  EVERY  CHARITABLE ORGANIZATION AND EVERY ENTITY THAT IS OTHERWISE
 EXEMPTED FROM THE APPLICATION OF THIS ARTICLE  BY  SECTION  ONE  HUNDRED
 SEVENTY-TWO-A  OF  THIS  ARTICLE  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 CHARITABLE ORGANIZATION OR EXEMPTED ENTITY  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 CHARITABLE ORGANIZATION OR EXEMPTED
 ENTITY. A CHARITABLE ORGANIZATION OTHERWISE REQUIRED TO FILE  AN  ANNUAL
 FINANCIAL  REPORT  PURSUANT  TO  THIS  ARTICLE  OR  SECTION 8-1.4 OF THE
 ESTATES, POWERS AND TRUSTS LAW MAY SATISFY THE ANNUAL FILING REQUIREMENT
 OF THIS SUBDIVISION BY INCLUDING SUCH ANNUAL DISCLOSURE  STATEMENT  WITH
 THE  FILING  OF THE CHARITABLE ORGANIZATION'S ANNUAL FINANCIAL REPORT OR
 AS A PART OF SUCH ORGANIZATION'S ANNUAL FINANCIAL REPORT. THE FAILURE TO
 FILE OR TIMELY FILE SUCH ANNUAL DISCLOSURE STATEMENT OR TO INCLUDE IT AS
 A PART OF A CHARITABLE ORGANIZATION'S ANNUAL FINANCIAL REPORT AS PERMIT-
 TED HEREIN  SHALL  SUBJECT  THE  CHARITABLE  ORGANIZATION  OR  OTHERWISE
 EXEMPTED ENTITY IN DEFAULT TO THE SAME FINES AND PENALTIES AS THOSE THAT
 ARE APPLICABLE TO FAILURE BY A CHARITABLE ORGANIZATION TO FILE OR TIMELY
 FILE THE CHARITABLE ORGANIZATION'S ANNUAL FINANCIAL REPORT.
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rules or regulations necessary for the  imple-
 mentation  of  this  act on its effective date are authorized to be made
 and completed by the attorney general on or before such effective date.