Bill Text: NY A03408 | 2009-2010 | General Assembly | Introduced

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Bill Title: 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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-06-08 - held for consideration in judiciary [A03408 Detail]

Download: New_York-2009-A03408-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3408
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2009
                                      ___________
       Introduced  by  M. of A. PERRY -- Multi-Sponsored by -- M. of A. PHEFFER
         -- 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:
    1    Section 1. Section 8-1.4 of the estates,  powers  and  trusts  law  is
    2  amended by adding a new paragraph (t) to read as follows:
    3    (T)  (1)  NOTWITHSTANDING  THE  EXEMPTIONS  FROM  THE REGISTRATION AND
    4  REPORTING PROVISIONS OF THIS SECTION SPECIFIED IN PARAGRAPH (B) OF  THIS
    5  SECTION,  THE  PROVISIONS  OF THIS PARAGRAPH SHALL APPLY TO A DESIGNATED
    6  "TRUSTEE", AS DEFINED IN PARAGRAPH (A) OF THIS SECTION,  EXCEPT  TO  THE
    7  EXTENT, IF ANY, THAT THE APPLICATION OF THIS PARAGRAPH TO ANY PARTICULAR
    8  TRUSTEE IS FOUND BY THE FINAL JUDGMENT OF A COURT OF COMPETENT JURISDIC-
    9  TION,  AFTER ANY AND ALL APPEALS HAVE BEEN EXHAUSTED, TO BE VIOLATIVE OF
   10  THE FEDERAL OR STATE CONSTITUTION.
   11    (2) A DESIGNATED TRUSTEE SHALL FILE ANNUALLY WITH THE ATTORNEY GENERAL
   12  ON A FORM PRESCRIBED BY THE ATTORNEY GENERAL AND ON SUCH DATE  OR  DATES
   13  AS  THE  ATTORNEY GENERAL SHALL REQUIRE, A DISCLOSURE STATEMENT, SETTING
   14  FORTH UNDER THE PENALTIES OF PERJURY WHETHER OR NOT  ANY  OF  THE  FUNDS
   15  ENTRUSTED  TO SUCH BOARD OF TRUSTEES OR DESIGNATED TRUSTEE WERE EXPENDED
   16  DURING THE IMMEDIATELY PRECEDING FISCAL YEAR COVERED BY  SUCH  STATEMENT
   17  FOR  THE  PURPOSE OF SATISFYING ANY JUDGMENT OR PAYING THE AMOUNT OF ANY
   18  SETTLEMENT RELATED TO ONE OR  MORE  ALLEGATIONS  OF  SEXUAL  HARASSMENT,
   19  SEXUAL  ASSAULT,  OR  CHILD  ABUSE  COMMITTED  BY  AN OFFICER, DIRECTOR,
   20  EMPLOYEE OR AGENT OF THE BOARD OF TRUSTEES OR A  DESIGNATED  TRUSTEE.  A
   21  TRUSTEE  OTHERWISE  REQUIRED TO FILE AN ANNUAL FINANCIAL REPORT PURSUANT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02105-01-9
       A. 3408                             2
    1  TO THIS SECTION OR SECTION ONE HUNDRED SEVENTY-TWO-B  OF  THE  EXECUTIVE
    2  LAW  SHALL SATISFY THE FILING REQUIREMENT OF THIS PARAGRAPH BY INCLUDING
    3  SUCH ANNUAL DISCLOSURE STATEMENT WITH THE FILING OF THE TRUSTEE'S ANNUAL
    4  FINANCIAL  REPORT OR AS A PART OF THE TRUSTEE'S ANNUAL FINANCIAL REPORT.
    5  THE FAILURE TO FILE OR TIMELY FILE SUCH ANNUAL DISCLOSURE  STATEMENT  OR
    6  TO  INCLUDE  IT  AS  A  PART OF THE TRUSTEE'S ANNUAL FINANCIAL REPORT AS
    7  PERMITTED HEREIN SHALL SUBJECT THE TRUSTEE IN DEFAULT TO THE SAME  FINES
    8  AND  PENALTIES  AS  THOSE THAT ARE APPLICABLE TO FAILURE BY A TRUSTEE TO
    9  FILE OR TIMELY FILE THE TRUSTEE'S ANNUAL FINANCIAL REPORT.
   10    S 2. Section 172-b of the executive law is amended  by  adding  a  new
   11  subdivision 9 to read as follows:
   12    9.  (A)  NOTWITHSTANDING  THE  EXEMPTIONS  FROM  THE  REGISTRATION AND
   13  REPORTING PROVISIONS OF THIS ARTICLE SPECIFIED IN  SECTION  ONE  HUNDRED
   14  SEVENTY-TWO-A  OF THIS ARTICLE, THE PROVISIONS OF THIS SUBDIVISION SHALL
   15  APPLY TO ALL "CHARITABLE ORGANIZATIONS" DEFINED IN SECTION  ONE  HUNDRED
   16  SEVENTY-ONE-A  OF  THIS  ARTICLE  AND TO ALL ENTITIES OTHERWISE EXEMPTED
   17  FROM  THIS  ARTICLE  THAT  ARE  ENUMERATED  IN   SECTION   ONE   HUNDRED
   18  SEVENTY-TWO-A  OF  THIS  ARTICLE, EXCEPT TO THE EXTENT, IF ANY, THAT THE
   19  APPLICATION OF THIS SUBDIVISION TO ANY PARTICULAR  CHARITABLE  ORGANIZA-
   20  TION  IS  FOUND  BY THE FINAL JUDGMENT OF A COURT OF COMPETENT JURISDIC-
   21  TION, AFTER ANY AND ALL APPEALS HAVE BEEN EXHAUSTED, TO BE VIOLATIVE  OF
   22  THE FEDERAL OR STATE CONSTITUTION.
   23    (B)  EVERY  CHARITABLE ORGANIZATION AND EVERY ENTITY THAT IS OTHERWISE
   24  EXEMPTED FROM THE APPLICATION OF THIS ARTICLE  BY  SECTION  ONE  HUNDRED
   25  SEVENTY-TWO-A  OF  THIS  ARTICLE  SHALL  FILE ANNUALLY WITH THE ATTORNEY
   26  GENERAL ON A FORM PRESCRIBED BY THE ATTORNEY GENERAL AND ON SUCH DATE OR
   27  DATES AS THE ATTORNEY GENERAL SHALL  REQUIRE,  A  DISCLOSURE  STATEMENT,
   28  SETTING  FORTH  UNDER THE PENALTIES OF PERJURY WHETHER OR NOT ANY OF THE
   29  FUNDS ENTRUSTED TO SUCH CHARITABLE ORGANIZATION OR EXEMPTED ENTITY  WERE
   30  EXPENDED  DURING  THE  IMMEDIATELY PRECEDING FISCAL YEAR COVERED BY SUCH
   31  STATEMENT FOR THE PURPOSE OF  SATISFYING  ANY  JUDGMENT  OR  PAYING  THE
   32  AMOUNT  OF  ANY  SETTLEMENT RELATED TO ONE OR MORE ALLEGATIONS OF SEXUAL
   33  HARASSMENT, SEXUAL ASSAULT, OR CHILD  ABUSE  COMMITTED  BY  AN  OFFICER,
   34  DIRECTOR,  EMPLOYEE  OR AGENT OF THE CHARITABLE ORGANIZATION OR EXEMPTED
   35  ENTITY. A CHARITABLE ORGANIZATION OTHERWISE REQUIRED TO FILE  AN  ANNUAL
   36  FINANCIAL  REPORT  PURSUANT  TO  THIS  ARTICLE  OR  SECTION 8-1.4 OF THE
   37  ESTATES, POWERS AND TRUSTS LAW MAY SATISFY THE ANNUAL FILING REQUIREMENT
   38  OF THIS SUBDIVISION BY INCLUDING SUCH ANNUAL DISCLOSURE  STATEMENT  WITH
   39  THE  FILING  OF THE CHARITABLE ORGANIZATION'S ANNUAL FINANCIAL REPORT OR
   40  AS A PART OF SUCH ORGANIZATION'S ANNUAL FINANCIAL REPORT. THE FAILURE TO
   41  FILE OR TIMELY FILE SUCH ANNUAL DISCLOSURE STATEMENT OR TO INCLUDE IT AS
   42  A PART OF A CHARITABLE ORGANIZATION'S ANNUAL FINANCIAL REPORT AS PERMIT-
   43  TED HEREIN  SHALL  SUBJECT  THE  CHARITABLE  ORGANIZATION  OR  OTHERWISE
   44  EXEMPTED ENTITY IN DEFAULT TO THE SAME FINES AND PENALTIES AS THOSE THAT
   45  ARE APPLICABLE TO FAILURE BY A CHARITABLE ORGANIZATION TO FILE OR TIMELY
   46  FILE THE CHARITABLE ORGANIZATION'S ANNUAL FINANCIAL REPORT.
   47    S 3. This act shall take effect on the one hundred twentieth day after
   48  it shall have become a law.  Effective immediately, the addition, amend-
   49  ment  and/or repeal of any rules or regulations necessary for the imple-
   50  mentation of this act on its effective date are authorized and  directed
   51  to  be  made  and  completed  by  the attorney general on or before such
   52  effective date.