senate Bill S5019A

Amended

Terminates the Clifton-Fine Health Care Corporation and transfers any assets and powers and repeals title 5 of article 10-C of the public authorities law

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 02 / May / 2011
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 09 / May / 2011
    • AMEND (T) AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 09 / May / 2011
    • PRINT NUMBER 5019A
  • 18 / May / 2011
    • 1ST REPORT CAL.771
  • 23 / May / 2011
    • 2ND REPORT CAL.
  • 24 / May / 2011
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2011
    • PASSED SENATE
  • 13 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2011
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 11 / Jan / 2012
    • AMEND AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 11 / Jan / 2012
    • PRINT NUMBER 5019B
  • 18 / Jan / 2012
    • 1ST REPORT CAL.73
  • 19 / Jan / 2012
    • 2ND REPORT CAL.
  • 23 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 30 / Jan / 2012
    • PASSED SENATE
  • 30 / Jan / 2012
    • DELIVERED TO ASSEMBLY
  • 30 / Jan / 2012
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 14 / May / 2012
    • RECALLED FROM ASSEMBLY
  • 14 / May / 2012
    • RETURNED TO SENATE
  • 14 / May / 2012
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 14 / May / 2012
    • AMENDED ON THIRD READING 5019C
  • 12 / Jun / 2012
    • AMENDED ON THIRD READING 5019D
  • 20 / Jun / 2012
    • REPASSED SENATE
  • 20 / Jun / 2012
    • RETURNED TO ASSEMBLY
  • 20 / Jun / 2012
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Summary

Terminates the Clifton-Fine Health Care Corporation, a public benefit corporation, and transfers any assets and powers to the Clifton-Fine Health Care Corporation, a not-for-profit corporation.

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Bill Details

See Assembly Version of this Bill:
A7434A
Versions:
S5019
S5019A
S5019B
S5019C
S5019D
Legislative Cycle:
2011-2012
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Public Authorities Law
Laws Affected:
Add ยง3622, rpld Art 10-C Title 5, Pub Auth L

Sponsor Memo

BILL NUMBER:S5019A

TITLE OF BILL:
An act
to amend the public authorities law, in relation to the Clifton-Fine
Health Care Corporation and to repeal title 5 of article 10-C of such
law relating thereto

PURPOSE:
To convert Clifton-Fine Health Care Corporation from a public benefit
corporation to a not-for-profit corporation.

SUMMARY OF PROVISIONS:
Section one amends the public authorities law by adding a new section
3622 to ensure the foregoing. Section two repeals Title 5 of article
10-C of the public authorities law.
Section three provides the effective date.

JUSTIFICATION:
The economic and procedural constraints of public benefit ownership,
including principally, but not limited to, the cost of participating
in the New York civil service retirement system, impair the
hospital's ability to function and could cause it to fail completely.

LEGISLATIVE HISTORY:
New.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
December 31, 2012, except that section one of this act shall take
effect on the thirtieth day after it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5019--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and   Commissions  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public authorities law, in relation to the  Clifton-
  Fine  Health Care Corporation and to repeal title 5 of article 10-C 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.  The  public  authorities  law  is amended by adding a new
section 3622 to read as follows:
  S 3622. TERMINATION OF THE CORPORATION. 1. NOTWITHSTANDING  ANY  OTHER
PROVISION OF LAW TO THE CONTRARY, THE BOARD SHALL WIND UP THE AFFAIRS OF
THE CORPORATION ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE,
ON WHICH DATE THE CORPORATION SHALL CEASE TO EXIST.
  2.  ALL  OF  THE  ASSETS,  FUNCTIONS,  POWERS,  RIGHTS  AND PRIVILEGES
POSSESSED BY AND ALL OF THE LIABILITIES, OBLIGATIONS AND DUTIES  OF  THE
CORPORATION,  INCLUDING THE FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES OF
ITS BOARD, OTHER THAN THOSE APPLICABLE TO A PUBLIC  BENEFIT  CORPORATION
BUT NOT TO A CORPORATION ORGANIZED AND EXISTING UNDER THE NOT-FOR-PROFIT
CORPORATION LAW, SHALL, ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND
TWELVE, BE TRANSFERRED AND ASSIGNED TO, ASSUMED BY AND DEVOLVED UPON THE
CLIFTON-FINE HEALTH CARE CORPORATION, A CORPORATION ORGANIZED AND EXIST-
ING UNDER THE NOT-FOR-PROFIT CORPORATION LAW.
  3. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE, THE CORPO-
RATION  AND  ITS  BOARD  SHALL  DELIVER  TO THE CLIFTON-FINE HEALTH CARE
CORPORATION, A CORPORATION ORGANIZED AND EXISTING UNDER THE NOT-FOR-PRO-
FIT CORPORATION LAW, ALL OF THE CORPORATION'S BOOKS, PAPERS, RECORDS AND
PROPERTY.
  4. ANY BUSINESS OR OTHER MATTER UNDERTAKEN OR COMMENCED BY THE  CORPO-
RATION  OR  ITS  BOARD PERTAINING TO OR CONNECTED WITH THE ASSETS, FUNC-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11171-02-1

S. 5019--A                          2

TIONS, POWERS, RIGHTS, PRIVILEGES, LIABILITIES, OBLIGATIONS  AND  DUTIES
HEREBY  TRANSFERRED  AND ASSIGNED TO THE CLIFTON-FINE HEALTH CARE CORPO-
RATION, A CORPORATION ORGANIZED AND EXISTING  UNDER  THE  NOT-FOR-PROFIT
CORPORATION  LAW,  SHALL, FROM AND AFTER SUCH TRANSFER, BE CONDUCTED AND
COMPLETED BY THE CLIFTON-FINE HEALTH  CARE  CORPORATION,  A  CORPORATION
ORGANIZED  AND EXISTING UNDER THE NOT-FOR-PROFIT CORPORATION LAW, IN THE
SAME MANNER AND UNDER THE SAME TERMS AND CONDITIONS AND  WITH  THE  SAME
EFFECT AS IF CONDUCTED AND COMPLETED BY THE CORPORATION OR ITS BOARD.
  5.  ALL  RULES, REGULATIONS, ACTS, DETERMINATIONS AND DECISIONS OF THE
CORPORATION OR ITS BOARD PERTAINING TO THE ASSETS, LIABILITIES AND FUNC-
TIONS HEREIN TRANSFERRED AND ASSIGNED, IN FORCE  AT  THE  TIME  OF  SUCH
TRANSFER,  ASSIGNMENT,  ASSUMPTION OR DEVOLUTION SHALL CONTINUE IN FORCE
AND EFFECT AS RULES, REGULATIONS, ACTS, DETERMINATIONS AND DECISIONS  OF
THE  CLIFTON-FINE  HEALTH  CARE CORPORATION, A CORPORATION ORGANIZED AND
EXISTING UNDER THE NOT-FOR-PROFIT CORPORATION LAW, UNTIL  DULY  MODIFIED
OR ABROGATED BY SUCH CORPORATION.
  6. WHENEVER THE CORPORATION OR ITS BOARD ARE REFERRED TO OR DESIGNATED
IN  ANY  LAW,  CONTRACT OR DOCUMENT PERTAINING TO THE FUNCTIONS, POWERS,
OBLIGATIONS AND DUTIES HEREBY TRANSFERRED TO AND ASSIGNED TO  THE  CLIF-
TON-FINE  HEALTH  CARE CORPORATION, A CORPORATION ORGANIZED AND EXISTING
UNDER THE NOT-FOR-PROFIT CORPORATION LAW, SUCH REFERENCE OR  DESIGNATION
SHALL  BE DEEMED TO REFER TO THE CLIFTON-FINE HEALTH CARE CORPORATION, A
CORPORATION ORGANIZED AND EXISTING UNDER THE NOT-FOR-PROFIT  CORPORATION
LAW.
  7.  NO  EXISTING  RIGHT  OR  REMEDY  OF  ANY  CHARACTER SHALL BE LOST,
IMPAIRED OR AFFECTED BY REASON OF THIS SECTION OTHER THAN THOSE APPLICA-
BLE TO A PUBLIC BENEFIT CORPORATION AND NOT TO A  CORPORATION  ORGANIZED
AND EXISTING UNDER THE NOT-FOR-PROFIT CORPORATION LAW.
  8.  NO  ACTION  PENDING  AT  ANY  TIME  ON  THE EFFECTIVE DATE OF THIS
SECTION, BROUGHT BY OR AGAINST THE CORPORATION OR  ITS  BOARD  SHALL  BE
AFFECTED  BY  ANY  PROVISION OF THIS SECTION, BUT THE SAME MAY BE PROSE-
CUTED OR DEFENDED IN THE NAME OF THE  CLIFTON-FINE  HEALTH  CARE  CORPO-
RATION,  A  CORPORATION  ORGANIZED AND EXISTING UNDER THE NOT-FOR-PROFIT
CORPORATION LAW, AND SUCH CORPORATION SHALL,  UPON  APPLICATION  TO  THE
COURT, BE SUBSTITUTED AS A PARTY.
  9. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE, THE CORPO-
RATION  SHALL REPAY ALL OF ITS OUTSTANDING TAX-EXEMPT BONDS OR NOTES, IF
ANY, INCLUDING ITS NOTES AND BONDS, IF ANY,  AND  TRANSFER  ALL  OF  ITS
RIGHTS,  PROPERTIES  AND  ASSETS,  OF WHATEVER KIND, TO THE CLIFTON-FINE
HEALTH CARE CORPORATION, A CORPORATION ORGANIZED AND EXISTING UNDER  THE
NOT-FOR-PROFIT CORPORATION LAW.
  10.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  APPLICABLE LAW TO THE
CONTRARY, THE TRANSFER PROVIDED FOR IN THIS  SECTION  SHALL  REQUIRE  NO
FURTHER  APPROVAL  OR  CONSENT  UNDER ANY PROVISION OF THE PUBLIC HEALTH
LAW, THE MENTAL HYGIENE LAW, THE SOCIAL SERVICES LAW OR ANY OTHER LAW OR
REGULATION OF THE STATE.
  S 2. Title 5  of  article  10-C  of  the  public  authorities  law  is
REPEALED.
  S 3. This act shall take effect December 31, 2012, except that section
one  of  this  act shall take effect on the thirtieth day after it shall
have become a law.

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