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.