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Assembly Bill A5044B

2011-2012 Legislative Session

Relates to appointing unpaid consumer representatives as non-voting members of the state cemetery board advisory council

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2011-A5044 - Details

Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1507-a, N-PC L
Versions Introduced in 2009-2010 Legislative Session:
A7035

2011-A5044 - Summary

Relates to appointing unpaid consumer representatives as non-voting members of the the cemetery board advisory council.

2011-A5044 - Bill Text download pdf

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

                                  5044

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2011
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- 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
              

2011-A5044A - Details

Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1507-a, N-PC L
Versions Introduced in 2009-2010 Legislative Session:
A7035

2011-A5044A - Summary

Relates to appointing unpaid consumer representatives as non-voting members of the the cemetery board advisory council.

2011-A5044A - Bill Text download pdf

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

                                 5044--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2011
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred to the
  Committee on Corporations, Authorities and Commissions --  recommitted
  to  the  Committee  on  Corporations,  Authorities  and Commissions in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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.    Paragraph  (b)  of section 1507-a of the not-for-profit
corporation law, as added by chapter 895 of the laws of 1990, is amended
to read as follows:
  (b) The advisory council shall be composed of a member  designated  by
the  secretary  of state, a member designated by the attorney general, a
member designated by the commissioner of health, a member designated  by
the  comptroller [and], a member designated by the commissioner of taxa-
tion and finance, AND TWO  MEMBERS  APPOINTED  BY  THE  COMMISSIONER  OF
ECONOMIC  DEVELOPMENT, BOTH OF WHOM SHALL BE REPRESENTATIVES OF CONSUMER
INTERESTS. The appointees to the advisory council shall not be employees
of the department of state, department of  law,  department  of  health,
department  of  audit  and  control  [or],  department  of  taxation and
finance, OR DEPARTMENT OF ECONOMIC DEVELOPMENT.   Each  of  the  members
shall  serve  for a term of two years, provided, however, that the first
appointments by the comptroller and commissioner of taxation and finance
shall serve for a term of one year.  THE INITIAL TERMS  OF  THE  MEMBERS
APPOINTED  BY  THE COMMISSIONER OF ECONOMIC DEVELOPMENT SHALL END ON THE
SAME DATE AS THE MEMBERS APPOINTED BY THE COMPTROLLER  AND  COMMISSIONER
OF TAXATION AND FINANCE. Vacancies occurring other than by expiration of
term shall be filled in the same manner as the original appointments for

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04096-02-2
              

2011-A5044B (ACTIVE) - Details

Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1507-a, N-PC L
Versions Introduced in 2009-2010 Legislative Session:
A7035

2011-A5044B (ACTIVE) - Summary

Relates to appointing unpaid consumer representatives as non-voting members of the the cemetery board advisory council.

2011-A5044B (ACTIVE) - Bill Text download pdf

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

                                 5044--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2011
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred to the
  Committee on Corporations, Authorities and Commissions --  recommitted
  to  the  Committee  on  Corporations,  Authorities  and Commissions in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  not-for-profit  corporation law, in relation to
  appointing unpaid consumer representatives as  non-voting  members  of
  the state cemetery board advisory council

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.   Paragraph (b) of section  1507-a  of  the  not-for-profit
corporation law, as added by chapter 895 of the laws of 1990, is amended
to read as follows:
  (b)  The  advisory council shall be composed of a member designated by
the secretary of state, a member designated by the attorney  general,  a
member  designated by the commissioner of health, a member designated by
the comptroller [and], a member designated by the commissioner of  taxa-
tion  and  finance,  AND  ONE  MEMBER APPOINTED BY EACH OF THE FOREGOING
DESIGNATING OFFICIALS, ALL OF WHOM SHALL BE REPRESENTATIVES OF  CONSUMER
INTERESTS. The appointees to the advisory council shall not be employees
of  the  department  of  state, department of law, department of health,
department of audit and control or department of taxation  and  finance.
THE  MEMBERS  REPRESENTING  CONSUMER  INTERESTS  SHALL HAVE 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 BOARD SHALL DETERMINE. Each of the members
shall  serve  for a term of two years, provided, however, that the first
appointments by the comptroller and commissioner of taxation and finance
shall serve for a term of one year.  THE INITIAL TERMS  OF  THE  MEMBERS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04096-03-2
              

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