senate Bill S5019B

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
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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

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:S5019B

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:
2011 Passed Senate; Held in Corporations, Authorities & Commissions
Committee in the Assembly.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
December 31, 2013, 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--B

                       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 --  recommitted
  to  the  Committee  on  Corporations,  Authorities  and Commissions in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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 THIR-
TEEN, 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
THIRTEEN, BE TRANSFERRED AND ASSIGNED TO, ASSUMED BY AND  DEVOLVED  UPON
THE  CLIFTON-FINE  HEALTH  CARE CORPORATION, A CORPORATION ORGANIZED AND
EXISTING UNDER THE NOT-FOR-PROFIT CORPORATION LAW.
  3. ON OR BEFORE DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  THIRTEEN,  THE
CORPORATION  AND ITS BOARD SHALL DELIVER TO THE CLIFTON-FINE HEALTH CARE
CORPORATION, A CORPORATION ORGANIZED AND EXISTING UNDER THE NOT-FOR-PRO-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11171-04-1

S. 5019--B                          2

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-
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  THIRTEEN,  THE
CORPORATION  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, 2013, 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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