NY State Senate Bill 2021-S8663

Senate Bill S8663

Signed By Governor

2021-2022 Legislative Session

Relates to electronic meetings conducted partially or solely by means of electronic communication; repealer

download bill text pdf

Archive: Last Bill Status Via A9409 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 17, 2022	signed chap.518
Aug 05, 2022	delivered to governor
May 23, 2022	returned to assembly passed senate 3rd reading cal.1193 substituted for s8663
May 23, 2022	substituted by a9409
May 16, 2022	advanced to third reading
May 11, 2022	2nd report cal.
May 10, 2022	1st report cal.1193
Mar 28, 2022	referred to corporations, authorities and commissions

Votes

- May 23, 2022 - Floor Vote
  A9409
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 23, 2022
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      excused (2)
      
      Brouk
      
      Sanders Jr.
  May 10, 2022 - Corporations, Authorities And Commissions Committee Vote
  S8663
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: May 10, 2022
      
      aye (7)
      
      Comrie
      
      Gaughran
      
      Martucci
      
      Mattera
      
      Mayer
      
      Ramos
      
      Skoufis

2021-S8663 (ACTIVE) - Details

See Assembly Version of this Bill:: A9409
Law Section:: Religious Corporations Law
Laws Affected:: Rpld §28, amd §28, Rel Corp L

2021-S8663 (ACTIVE) - Summary

Relates to electronic meetings conducted partially or solely by means of electronic communication.

2021-S8663 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8663

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the religious corporations law, in relation to electron-
ic meetings conducted partially or solely by means of electronic commu-
nication; and repealing certain provisions of such law relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

To clarify that religious corporations may hold meetings partially
conducted by electronic means.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends section 28 of Religious Corporations Law
to clarify that the Board of Trustees may elect to hold meetings
partially by electronic communication, and provides that any meetings
conducted partially or solely via electronic communication are subject
to any guidelines or procedures that the Trustees may adopt.

Section two repeals Section 28 of the Religious Corporations Law, as
amended by Chapter 98 of the laws of 2021, which has expired.

Section three provides the effective date.

 
JUSTIFICATION:

Section 28 of the Religious Corporations Law as added to allow for reli-
gious corporations to have the permanent ability to conduct meetings
remotely via an electronic platform. However, the current language in
Section 28, which states that the trustees may determine that a meeting
can be conducted solely by means of electronic communication, has been
interpreted by some religious entities to preclude their ability to hold
partially remote ("hybrid") meetings where some participants meet in
person while others attend remotely.  By contrast, Not-for-Profit Corpo-
ration Law Section 603(a) contains similar language allowing not-for-
profits to hold meetings remotely, but explicitly states such meetings
can be held "partially or solely" by electronic communication. Amending
Section 28 of the Religious Corporations Law to explicitly allow
partially remote meetings will remove this uncertainty.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S8663 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8663
 
                             I N  S E N A T E
 
                              March 28, 2022
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN ACT to amend the religious corporations law, in relation to electron-
   ic  meetings  conducted  partially  or  solely  by means of electronic
   communication; and repealing certain provisions of such  law  relating
   thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 28 of the religious corporations law, as amended by
 chapter 588 of the laws of 2021, is amended to read as follows:
   § 28. Electronic  meetings.  Notwithstanding  any  provision  of  law,
 certificate of incorporation or by-laws to the contrary, if the board of
 trustees of a religious corporation is authorized to determine the place
 of  trustee meetings, corporate meetings, congregant or membership meet-
 ings, the board of trustees may, in its sole discretion, determine  that
 the  meeting  shall  be  held PARTIALLY OR solely by means of electronic
 communication. IN THE CASE OF A MEETING HELD SOLELY BY ELECTRONIC COMMU-
 NICATION, the electronic service and/or platform through which the meet-
 ing is held shall be the place of the meeting for purposes of this chap-
 ter. MEETINGS CONDUCTED PARTIALLY  OR  SOLELY  BY  MEANS  OF  ELECTRONIC
 COMMUNICATIONS  IN RELIANCE UPON THIS SECTION AND ANY INDIVIDUAL'S ELEC-
 TRONIC PARTICIPATION IN SUCH MEETINGS SHALL BE SUBJECT TO  THOSE  GUIDE-
 LINES AND PROCEDURES AS THE BOARD OF TRUSTEES ADOPTS.
   § 2. Section 28 of the religious corporations law, as amended by chap-
 ter 98 of the laws of 2021, is REPEALED.
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14917-01-2

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