S T A T E O F N E W Y O R K
I N S E N A T E
March 25, 2010
Introduced by Sen. MORAHAN -- (at request of the Office of Mental Retar-
dation and Developmental Disabilities) -- read twice and ordered
printed, and when printed to be committed to the Committee on Mental
Health and Developmental Disabilities
AN ACT to amend the not-for-profit corporation law, in relation to
approval of certificates of incorporation by the commissioner of
mental retardation and developmental disabilities; and repealing
section 16.07 of the mental hygiene law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 16.07 of the mental hygiene law is REPEALED.
S 2. Paragraph (q) of section 404 of the not-for-profit corporation
law, as amended by chapter 431 of the laws of 1993, is amended to read
(q) Every certificate of incorporation which includes among its corpo-
rate purposes or powers the establishment, or operation of a facility
for which an operating certificate from the commissioner of mental
health [or mental retardation and developmental disabilities] is
required by article thirty-one [or sixteen] of the mental hygiene law,
or the solicitation of contributions for any such purpose, shall have
endorsed thereon or annexed thereto the approval of the commissioner of
mental health [or mental retardation and developmental disabilities].
S 3. Subparagraph (i) of paragraph (a) of section 804 of the not-for-
profit corporation law, as amended by chapter 139 of the laws of 1993,
is amended to read as follows:
(i) A certificate of amendment shall not be filed if the amendment
adds, changes or eliminates a purpose, power or provision the inclusion
of which in a certificate of incorporation requires consent or approval
of a governmental body or officer or any other person or body, or if the
amendment changes the name of a corporation whose certificate of incor-
poration had such consent or approval endorsed thereon or annexed there-
to, unless such consent or approval IS NO LONGER REQUIRED OR is endorsed
on or annexed to the certificate of amendment.
S 4. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.