The New York State Senate

                    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.