S T A T E O F N E W Y O R K
________________________________________________________________________
7035
2009-2010 Regular Sessions
I N A S S E M B L Y
March 18, 2009
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Introduced by M. of A. WEISENBERG, RAIA -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the not-for-profit corporation law, in relation to
appointing unpaid consumer representatives as non-voting advisers to
the cemetery board
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph 4 of paragraph (a) of section 1504 of the
not-for-profit corporation law, as added by chapter 871 of the laws of
1977, is amended to read as follows:
(4) Technical, legal or other services shall be performed in so far
as practicable by personnel of the departments of state, law and health
without additional compensation but the board may employ and compensate
within appropriations available therefor such assistants and employees
as may be necessary to carry out the provisions of this section and may
prescribe their powers and duties. EACH MEMBER OF SUCH BOARD SHALL
APPOINT AS AN ADVISER TO THE BOARD A REPRESENTATIVE OF CONSUMER INTER-
ESTS, HAVING NO PECUNIARY INTEREST, AFFILIATION OR OTHER ASSOCIATION,
DIRECT OR INDIRECT, OTHER THAN AS CONSUMERS, WITH ANY BUSINESS AFFECTING
THE DISPOSAL OR BURIAL OF DECEASED HUMAN BEINGS, AS THE APPOINTING
MEMBER OF THE BOARD SHALL DETERMINE. THE TERM OF EACH MEMBER SHALL BE
THREE YEARS, OR UNTIL A SUCCESSOR IS APPOINTED, AND VACANCIES SHALL BE
FILLED FOR THE UNEXPIRED TERM ONLY. THE SECRETARY OF STATE MAY REMOVE
ANY ADVISER TO THE BOARD FOR MISCONDUCT, INCOMPETENCE OR NEGLECT OF DUTY
AFTER SUCH ADVISER SHALL HAVE BEEN GIVEN A WRITTEN STATEMENT OF THE
CHARGES AND AN OPPORTUNITY TO BE HEARD THEREON. THE ADVISERS SHALL BE
INVITED TO ATTEND ALL BOARD MEETINGS AND SHALL PROVIDE A CONSUMER
PERSPECTIVE ON ISSUES BEFORE THE BOARD, SHALL BRING TO THE BOARD'S
ATTENTION ISSUES AFFECTING CEMETERY CONSUMERS AND SHALL PERFORM SUCH
OTHER DUTIES AS THE BOARD DECIDES. THEY SHALL RECEIVE NO COMPENSATION,
BUT EACH SHALL BE ENTITLED TO RECEIVE HIS REASONABLE EXPENSES ACTUALLY
AND NECESSARILY INCURRED IN THE PERFORMANCE OF HIS DUTIES.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09484-01-9