Senate Bill S2727A

2023-2024 Legislative Session

Relates to the applicability of open meetings and freedom of information laws to certain not-for-profit corporations

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Current Bill Status - In Assembly Committee


  • 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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Bill Amendments

2023-S2727 - Details

See Assembly Version of this Bill:
A3715
Current Committee:
Assembly Ways And Means
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §§104, 402, 404 & 1411, N-PC L; amd §2, add §2829, Pub Auth L
Versions Introduced in 2021-2022 Legislative Session:
S4339, A4575

2023-S2727 - Summary

Relates to the applicability of open meetings and freedom of information laws to certain not-for-profit corporations.

2023-S2727 - Sponsor Memo

2023-S2727 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2727
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN  ACT  to  amend  the  not-for-profit  corporation  law and the public
   authorities law, in relation to the applicability of open meetings and
   freedom of information laws to certain not-for-profit corporations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  104  of  the  not-for-profit  corporation law is
 amended by adding a new paragraph (h) to read as follows:
   (H) THE DEPARTMENT SHALL TRANSMIT ELECTRONICALLY  TO  THE  AUTHORITIES
 BUDGET  OFFICE  A  COPY  OF  EVERY CERTIFICATE OF INCORPORATION FILED OR
 DELIVERED WHERE THE INCORPORATOR HAS INDICATED ON THE  CERTIFICATE  THAT
 HE OR SHE IS FILING SAID CERTIFICATE ON THE BEHALF OR AT THE BEHEST OF A
 MUNICIPAL CORPORATION, STATE OR LOCAL AUTHORITY, OR DISTRICT.
   §  2. Subparagraph 2-b of paragraph (a) of section 402 of the not-for-
 profit corporation law, as added by chapter 23 of the laws of  2014,  is
 amended to read as follows:
   (2-b) If it is not formed to engage in any activity or for any purpose
 requiring  consent or approval of any state official, department, board,
 agency or other body, OR DOES NOT REQUIRE CONSENT PURSUANT  TO  SUBPARA-
 GRAPH (2) OR (3) OF PARAGRAPH (W) OF SECTION 404 (APPROVALS, NOTICES AND
 CONSENTS) a statement that no such consent or approval is required. Such
 statement  shall  be  deemed  conclusive  for  purposes of filing by the
 department of state. If subsequent  to  submitting  the  certificate  of
 incorporation  for filing, the corporation plans to engage in any activ-
 ity requiring consent or approval pursuant to section  404  [(approvals]
 (APPROVALS, notices and consents) of this chapter, the corporation shall
 obtain such consent or approval and accordingly amend its certificate of
 incorporation pursuant to article eight of this chapter.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04263-01-3
 S. 2727                             2
              

2023-S2727A - Details

See Assembly Version of this Bill:
A3715
Current Committee:
Assembly Ways And Means
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §§104, 402, 404 & 1411, N-PC L; amd §2, add §2829, Pub Auth L
Versions Introduced in 2021-2022 Legislative Session:
S4339, A4575

2023-S2727A - Summary

Relates to the applicability of open meetings and freedom of information laws to certain not-for-profit corporations.

2023-S2727A - Sponsor Memo

2023-S2727A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2727--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and  Commissions -- reported favorably from said committee and commit-
   ted to the Committee on Finance -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 AN ACT to amend  the  not-for-profit  corporation  law  and  the  public
   authorities law, in relation to the applicability of open meetings and
   freedom of information laws to certain not-for-profit corporations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section  104  of  the  not-for-profit  corporation  law  is
 amended by adding a new paragraph (h) to read as follows:
   (H)  THE  DEPARTMENT  SHALL TRANSMIT ELECTRONICALLY TO THE AUTHORITIES
 BUDGET OFFICE A COPY OF EVERY  CERTIFICATE  OF  INCORPORATION  FILED  OR
 DELIVERED  WHERE  THE INCORPORATOR HAS INDICATED ON THE CERTIFICATE THAT
 HE OR SHE IS FILING SAID CERTIFICATE ON THE BEHALF OR AT THE BEHEST OF A
 MUNICIPAL CORPORATION, STATE OR LOCAL AUTHORITY, OR DISTRICT.
   § 2. Subparagraph 2-b of paragraph (a) of section 402 of the  not-for-
 profit  corporation  law, as added by chapter 23 of the laws of 2014, is
 amended to read as follows:
   (2-b) If it is not formed to engage in any activity or for any purpose
 requiring consent or approval of any state official, department,  board,
 agency  or other body, OR DOES NOT REQUIRE CONSENT PURSUANT TO PARAGRAPH
 (W) OF SECTION 404 (APPROVALS, NOTICES AND CONSENTS) OF THIS  ARTICLE  a
 statement  that  no such consent or approval is required. Such statement
 shall be deemed conclusive for purposes of filing by the  department  of
 state.  If subsequent to submitting the certificate of incorporation for
 filing, the corporation  plans  to  engage  in  any  activity  requiring
 consent  or  approval  pursuant  to section 404 [(approvals] (APPROVALS,
 notices and consents) of this [chapter] ARTICLE, the  corporation  shall
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04263-03-3
 S. 2727--A                          2
              

2023-S2727B (ACTIVE) - Details

See Assembly Version of this Bill:
A3715
Current Committee:
Assembly Ways And Means
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §§104, 402, 404 & 1411, N-PC L; amd §2, add §2829, Pub Auth L
Versions Introduced in 2021-2022 Legislative Session:
S4339, A4575

2023-S2727B (ACTIVE) - Summary

Relates to the applicability of open meetings and freedom of information laws to certain not-for-profit corporations.

2023-S2727B (ACTIVE) - Sponsor Memo

2023-S2727B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2727--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and  Commissions -- reported favorably from said committee and commit-
   ted to the Committee on Finance -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   recommitted  to the Committee on Corporations, Authorities and Commis-
   sions in accordance with Senate Rule 6, sec. 8 --  reported  favorably
   from  said  committee  and  committed  to  the Committee on Finance --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to  amend  the  not-for-profit  corporation  law and the public
   authorities law, in relation to the applicability of open meetings and
   freedom of information laws to certain not-for-profit corporations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  104  of  the  not-for-profit  corporation law is
 amended by adding a new paragraph (h) to read as follows:
   (H) THE DEPARTMENT SHALL TRANSMIT ELECTRONICALLY  TO  THE  AUTHORITIES
 BUDGET  OFFICE  A  COPY  OF  EVERY CERTIFICATE OF INCORPORATION FILED OR
 DELIVERED WHERE THE INCORPORATOR HAS INDICATED ON THE  CERTIFICATE  THAT
 SUCH  INCORPORATOR  IS  FILING  SAID CERTIFICATE ON THE BEHALF OR AT THE
 BEHEST  OF  A  MUNICIPAL  CORPORATION,  STATE  OR  LOCAL  AUTHORITY,  OR
 DISTRICT.
   §  2. Subparagraph 2-b of paragraph (a) of section 402 of the not-for-
 profit corporation law, as added by chapter 23 of the laws of  2014,  is
 amended to read as follows:
   (2-b) If it is not formed to engage in any activity or for any purpose
 requiring  consent or approval of any state official, department, board,
 agency or other body, OR DOES NOT REQUIRE CONSENT PURSUANT TO  PARAGRAPH
 (W)  OF  SECTION 404 (APPROVALS, NOTICES AND CONSENTS) OF THIS ARTICLE a
 statement that no such consent or approval is required.  Such  statement
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04263-07-4
              

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