Assembly Bill A614

2019-2020 Legislative Session

Authorizes sale or mortgage of certain real property of religious corporation without leave of supreme court

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2019-A614 (ACTIVE) - Details

See Senate Version of this Bill:
S1895
Law Section:
Religious Corporations Law
Laws Affected:
Amd §12, Rel Corp L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5067
2011-2012: A5752
2013-2014: A5592
2015-2016: A1237, S8001
2017-2018: A3765, A9983, S2935
2021-2022: S2567
2023-2024: S229

2019-A614 (ACTIVE) - Summary

Authorizes a religious corporation to sell real property where consideration paid therefor and fair market value thereof is less than $200,000, and mortgage real property when such mortgage secures debt of less than $200,000, without leave of supreme court.

2019-A614 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    614
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M. of A. PAULIN, SEAWRIGHT, BLANKENBUSH, CRESPO, CROUCH,
   COOK -- read once and  referred  to  the  Committee  on  Corporations,
   Authorities and Commissions
 
 AN ACT to amend the religious corporations law, in relation to the sale,
   mortgage and lease of real property of a religious corporation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 9 of section 12 of the religious  corpo-
 rations law, subdivision 1 as amended by chapter 555 of the laws of 2015
 and  subdivision  9  as  amended by chapter 962 of the laws of 1969, are
 amended to read as follows:
   1. (A) A religious corporation shall not sell, mortgage or lease for a
 term exceeding five years any of its real property without applying  for
 and obtaining leave of the court or the attorney general therefor pursu-
 ant to section five hundred eleven of the not-for-profit corporation law
 as  that  section  is  modified by paragraph (d-1) of subdivision one of
 section two-b of this chapter or section five hundred  eleven-a  of  the
 not-for-profit  corporation law, except that a religious corporation may
 execute a purchase money mortgage or a purchase money security agreement
 creating a security interest in personal property purchased by it  with-
 out obtaining leave of the court therefor.
   (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, ANY SOLVENT RELIGIOUS CORPORATION MAY SELL ANY OF ITS REAL PROPER-
 TY WITHOUT A COURT ORDER IN THE FOLLOWING CIRCUMSTANCES:
   (I) THE RELIGIOUS CORPORATION SHALL HAVE AND MAINTAIN IN  ITS  RECORDS
 AN  APPRAISAL  REPORT  PREPARED BY A PROFESSIONAL APPRAISER AND DATED OR
 UPDATED WITHIN NINETY DAYS OF THE SALE SHOWING THE FAIR MARKET VALUE  TO
 BE LESS THAN TWO HUNDRED THOUSAND DOLLARS;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00808-01-9
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.