senate Bill S5868A

Signed By Governor
2015-2016 Legislative Session

Relates to the reform of charitable corporations

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Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 11, 2015 signed chap.555
Nov 30, 2015 delivered to governor
Jun 18, 2015 returned to senate
passed assembly
ordered to third reading rules cal.695
substituted for a8118b
referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1842
Jun 11, 2015 print number 5868a
Jun 11, 2015 amend and recommit to rules
Jun 09, 2015 referred to rules

S5868 (ACTIVE) - Details

See Assembly Version of this Bill:
A8118
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd N-PC L, generally; amd §8-1.9, EPT L; amd §12, Rel Corp L

S5868 (ACTIVE) - Summary

Relates to the reform of charitable corporations.

S5868 (ACTIVE) - Sponsor Memo

S5868 (ACTIVE) - Bill Text download pdf

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

                                  5868

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 9, 2015
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the not-for-profit corporation law, the estates,  powers
  and  trusts law and the religious corporations law, in relation to the
  reform of charitable corporations

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

  Section 1. Subdivisions 6-a, 19, 21, 22, 23 and 25 of paragraph (a) of
section  102  of the not-for-profit corporation law, as added by chapter
549 of the laws of 2013, are amended to read as follows:
  (6-a) "Entire board" means the total number of directors  entitled  to
vote which the corporation would have if there were no vacancies. If the
by-laws  of  the  corporation  provide that the board shall consist of a
fixed number of directors, then the "entire board" shall consist of that
number of directors. If the by-laws of any corporation provide that  the
board  may  consist  of  a range between a minimum and maximum number of
directors, AND THE NUMBER WITHIN  THAT  RANGE  HAS  NOT  BEEN  FIXED  IN
ACCORDANCE WITH PARAGRAPH (A) OF SECTION SEVEN HUNDRED TWO OF THIS CHAP-
TER,  then  the  "entire board" shall consist of the number of directors
within such range that were elected OR APPOINTED as of the most recently
held election of directors, AS WELL AS ANY DIRECTORS  WHOSE  TERMS  HAVE
NOT YET EXPIRED.
  (19)  An  "affiliate" of a corporation means any entity controlled by,
OR in control of, [or under common control with] such corporation.
  (21) "Independent director" means a director who: (i) is not, and  has
not  been within the last three years, an employee of the corporation or
an affiliate of the corporation, and does not have a relative who is, or
has been within the last three years, a key employee of the  corporation
or  an affiliate of the corporation; (ii) has not received, and does not
have a relative who has received, in any of the last three fiscal years,
more than ten thousand dollars in direct compensation  from  the  corpo-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11470-02-5

S5868A (ACTIVE) - Details

See Assembly Version of this Bill:
A8118
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd N-PC L, generally; amd §8-1.9, EPT L; amd §12, Rel Corp L

S5868A (ACTIVE) - Summary

Relates to the reform of charitable corporations.

S5868A (ACTIVE) - Sponsor Memo

S5868A (ACTIVE) - Bill Text download pdf

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

                                 5868--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 9, 2015
                               ___________

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

AN  ACT to amend the not-for-profit corporation law, the estates, powers
  and trusts law and the religious corporations law, in relation to  the
  reform of charitable corporations

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

  Section 1. Subparagraphs 6-a, 19, 21, 22, 23 and 25 of  paragraph  (a)
of  section 102 of the not-for-profit corporation law, as added by chap-
ter 549 of the laws of 2013, are amended to read as follows:
  (6-a) "Entire board" means the total number of directors  entitled  to
vote which the corporation would have if there were no vacancies. If the
by-laws  of  the  corporation  provide that the board shall consist of a
fixed number of directors, then the "entire board" shall consist of that
number of directors. If the by-laws of any corporation provide that  the
board  may  consist  of  a range between a minimum and maximum number of
directors, AND THE NUMBER WITHIN  THAT  RANGE  HAS  NOT  BEEN  FIXED  IN
ACCORDANCE WITH PARAGRAPH (A) OF SECTION SEVEN HUNDRED TWO OF THIS CHAP-
TER,  then  the  "entire board" shall consist of the number of directors
within such range that were elected OR APPOINTED as of the most recently
held election of directors, AS WELL AS ANY DIRECTORS  WHOSE  TERMS  HAVE
NOT YET EXPIRED.
  (19)  An  "affiliate" of a corporation means any entity controlled by,
OR in control of, [or under common control with] such corporation.
  (21) "Independent director" means a director who: (i) is not, and  has
not  been within the last three years, an employee of the corporation or
an affiliate of the corporation, and does not have a relative who is, or
has been within the last three years, a key employee of the  corporation
or  an affiliate of the corporation; (ii) has not received, and does not

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11470-04-5

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