Senate Bill S5115A

2013-2014 Legislative Session

Prohibits certain individuals from receiving compensation from public charities; requires reasonable compensation when allowed; establishes the state board training

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Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2013-S5115 - Details

See Assembly Version of this Bill:
A2118
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Amd §63, Exec L; amd N-PC L, generally; add §97-j, St Fin L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7565, A10508
2015-2016: S5312

2013-S5115 - Summary

Prohibits officers and family members of such officers of public charities from receiving compensation; requires reasonable compensation when allowed; sets certain compensation; establishes the state board training consortium

2013-S5115 - Sponsor Memo

2013-S5115 - Bill Text download pdf

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

                                  5115

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 10, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government Operations

AN ACT to amend the executive law and not-for-profit corporation law, in
  relation  to  prohibiting  certain  individuals from receiving compen-
  sation from public charities; requires  reasonable  compensation  when
  allowed; establishes the state board training consortium; and to amend
  the  state  finance  law,  in relation to establishing the state board
  training consortium fund

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

  Section  1. Section 63 of the executive law is amended by adding a new
subdivision 16 to read as follows:
  16. MAKE INQUIRY INTO  ANY  DOCUMENTS  PREPARED  UNDER  SECTION  SEVEN
HUNDRED  TWENTY-SEVEN  OF THE NOT-FOR-PROFIT CORPORATION LAW FOR COMPLI-
ANCE WITH THAT SECTION, BUT NOT MORE THAN ANNUALLY, AND RESPOND  TO  ANY
INQUIRY  REFERRED TO UNDER SUCH SECTION SEVEN HUNDRED TWENTY-SEVEN OFFI-
CIALLY WITHIN NINETY DAYS OF RECEIPT.
  S 2. Subparagraph 12 of paragraph (a) of section 202 of  the  not-for-
profit corporation law is amended to read as follows:
  (12)  To  elect or appoint officers, employees and other agents of the
corporation, define their duties, fix their reasonable compensation  and
the  reasonable  compensation  of  directors, and to indemnify corporate
personnel.  Such  compensation  shall  be  commensurate  with   services
performed  AND SUBJECT, WHERE APPLICABLE, TO SECTION SEVEN HUNDRED TWEN-
TY-SEVEN (COMPENSATION OF EXECUTIVES).
  S 3. Section 701 of the not-for-profit corporation law is  amended  by
adding a new paragraph (c) to read as follows:
  (C)  AN  EMPLOYEE  OR A SPOUSE, DOMESTIC PARTNER, SIBLING (BY WHOLE OR
HALF BLOOD), SPOUSE OR DOMESTIC PARTNER OF A SIBLING (BY WHOLE  OR  HALF
BLOOD),  CHILD,  GRANDCHILD,  GREAT-GRANDCHILD,  AND  SPOUSE OR DOMESTIC

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05072-02-3
              

2013-S5115A (ACTIVE) - Details

See Assembly Version of this Bill:
A2118
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Amd §63, Exec L; amd N-PC L, generally; add §97-j, St Fin L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7565, A10508
2015-2016: S5312

2013-S5115A (ACTIVE) - Summary

Prohibits officers and family members of such officers of public charities from receiving compensation; requires reasonable compensation when allowed; sets certain compensation; establishes the state board training consortium

2013-S5115A (ACTIVE) - Sponsor Memo

2013-S5115A (ACTIVE) - Bill Text download pdf

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

                                 5115--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 10, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government  Operations  --  recommitted  to  the Committee on Investi-
  gations and Government Operations in accordance with  Senate  Rule  6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the executive law and not-for-profit corporation law, in
  relation to prohibiting certain  individuals  from  receiving  compen-
  sation  from  public  charities; requires reasonable compensation when
  allowed; establishes the state board training consortium; and to amend
  the state finance law, in relation to  establishing  the  state  board
  training consortium fund

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

  Section 1. Section 63 of the executive law is amended by adding a  new
subdivision 17 to read as follows:
  17.  MAKE  INQUIRY  INTO  ANY  DOCUMENTS  PREPARED UNDER SECTION SEVEN
HUNDRED TWENTY-SEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW  FOR  COMPLI-
ANCE  WITH  THAT SECTION, BUT NOT MORE THAN ANNUALLY, AND RESPOND TO ANY
INQUIRY REFERRED TO UNDER SUCH SECTION SEVEN HUNDRED TWENTY-SEVEN  OFFI-
CIALLY WITHIN NINETY DAYS OF RECEIPT.
  S  2.  Subparagraph 12 of paragraph (a) of section 202 of the not-for-
profit corporation law is amended to read as follows:
  (12) To elect or appoint officers, employees and other agents  of  the
corporation,  define their duties, fix their reasonable compensation and
the reasonable compensation of directors,  and  to  indemnify  corporate
personnel.   Such  compensation  shall  be  commensurate  with  services
performed AND SUBJECT, WHERE APPLICABLE, TO SECTION SEVEN HUNDRED  TWEN-
TY-SEVEN (COMPENSATION OF EXECUTIVES).
  S  3.  Section 701 of the not-for-profit corporation law is amended by
adding a new paragraph (c) to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05072-06-4
              

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