What's happening
This bill allows the New York Attorney General to require charitable organizations to report contributions or grants received from government agencies, including foreign governments.
Why it matters
Increases Transparency of Funding Sources. By allowing the Attorney General to require reporting of contributions from government agencies—including foreign governments—this bill aims to provide greater visibility into where charitable organizations receive their funding. This could help the public, donors, and regulators better understand potential influences on these organizations.
Addresses Concerns About Foreign Influence. The explicit inclusion of “foreign government entities” highlights a concern about the possible impact of international funding on New York-based charities. This provision could help identify and address risks related to foreign interference or undue influence in the nonprofit sector.
Creates Accountability and Oversight Mechanism. The authority granted to the Attorney General adds an extra layer of oversight over large charitable organizations, enhancing the state’s ability to monitor, investigate, or intervene if questionable funding sources are detected.
Potential Administrative and Compliance Impact. Charitable organizations—particularly those receiving government grants—may face increased reporting requirements and administrative burdens, which could affect their operations and resource allocation. This is especially important for organizations with complex or international funding streams.
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Who cares
Headline styles
Disclose Government Charity Funding
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 4
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1218
- Referred to finance
- Referred to finance
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
628
2017-2018 Regular Sessions
IN SENATE
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 contributions or grants from a government agency by registered charitable organizations
The People of the State of New York, represented in Senate and Assembly, 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 registered 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 independent 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 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 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 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 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
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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 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 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 registered 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 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 independent 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 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 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 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 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 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 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 registered 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 written 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 financial 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 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 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 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 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 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.
§ 4. This act shall take effect immediately, provided that the amendments 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 amendments 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to reporting of contributions or grants from a government agency by registered charitable organizations
Purpose or general idea of bill
This legislation would allow the Attorney General to require charitable organizations to report contributions or grants from a government agency. It would also clarify that, if required by the Attorney General, these charitable organizations should disclose contributions from both domestic and foreign government agencies.
Summary of specific provisions
Section 1-3. Allows the attorney general to require the reporting of donors, including foreign government donations.
Section 4. Effective date.
Justification
This legislation would require that donor disclosure, if required by the Attorney General, is expected of both domestic and foreign government entities. Currently, the regulations do not specifically identify donations by foreign government entities as falling under the donor disclosure requirements. This legislation would clarify the current regulations and ensure that organizations are treated in a fair and consistent manner.
Prior legislative history
2016: referred to rules
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.