Assembly Bill A4575B

2021-2022 Legislative Session

Relates to the applicability of open meetings and freedom of information laws to certain not-for-profit corporations

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Archive: Last Bill Status - On Floor Calendar


  • 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

co-Sponsors

2021-A4575 - Details

See Senate Version of this Bill:
S4339
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §§104, 402, 404 & 1411, N-PC L; amd §2, add §2829, Pub Auth L
Versions Introduced in 2023-2024 Legislative Session:
A3715, S2727

2021-A4575 - Summary

Relates to the applicability of open meetings and freedom of information laws to certain not-for-profit corporations.

2021-A4575 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4575
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Corporations, Authorities and Commissions
 
 AN  ACT  to  amend  the  not-for-profit  corporation  law and the public
   authorities law, in relation to the applicability of open meetings and
   freedom of information laws to certain not-for-profit corporations

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  104  of  the  not-for-profit  corporation law is
 amended by adding a new subdivision (h) to read as follows:
   (H) THE DEPARTMENT SHALL TRANSMIT ELECTRONICALLY  TO  THE  AUTHORITIES
 BUDGET  OFFICE  A  COPY  OF  EVERY CERTIFICATE OF INCORPORATION FILED OR
 DELIVERED WHERE THE INCORPORATOR HAS INDICATED ON THE  CERTIFICATE  THAT
 HE OR SHE IS FILING SAID CERTIFICATE ON THE BEHALF OR AT THE BEHEST OF A
 MUNICIPAL CORPORATION, STATE OR LOCAL AUTHORITY, OR DISTRICT.
   §  2.  The  not-for-profit  corporation law is amended by adding a new
 section 116 to read as follows:
 § 116. CERTAIN CORPORATIONS SUBJECT TO THE OPEN MEETINGS AND FREEDOM  OF
          INFORMATION LAWS.
   THE FOLLOWING CORPORATIONS SHALL BE SUBJECT TO THE PROVISIONS OF ARTI-
 CLES  SIX  AND SEVEN OF THE PUBLIC OFFICERS LAW, RELATING TO THE FREEDOM
 OF INFORMATION LAW AND OPEN MEETINGS LAW RESPECTIVELY:
   (A) ALL CORPORATIONS WHOSE CERTIFICATE OF INCORPORATION  INCLUDES  THE
 PURPOSE  OF RELIEVING AND REDUCING UNEMPLOYMENT, PROMOTING AND PROVIDING
 FOR ADDITIONAL AND MAXIMUM EMPLOYMENT,  BETTERING  AND  MAINTAINING  JOB
 OPPORTUNITIES, INSTRUCTING OR TRAINING INDIVIDUALS TO IMPROVE OR DEVELOP
 THEIR  CAPABILITIES  FOR  SUCH JOBS, CARRYING ON SCIENTIFIC RESEARCH FOR
 THE PURPOSE OF AIDING A COMMUNITY OR GEOGRAPHICAL AREA BY ATTRACTING NEW
 INDUSTRY TO THE COMMUNITY OR AREA OR BY ENCOURAGING THE DEVELOPMENT  OF,
 OR RETENTION OF, AN INDUSTRY IN THE COMMUNITY OR AREA, AND LESSENING THE
 BURDENS OF GOVERNMENT AND ACTING IN THE PUBLIC INTEREST, OR ANY ABBREVI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08161-01-1
              

co-Sponsors

2021-A4575A - Details

See Senate Version of this Bill:
S4339
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §§104, 402, 404 & 1411, N-PC L; amd §2, add §2829, Pub Auth L
Versions Introduced in 2023-2024 Legislative Session:
A3715, S2727

2021-A4575A - Summary

Relates to the applicability of open meetings and freedom of information laws to certain not-for-profit corporations.

2021-A4575A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4575--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by  M.  of  A. PAULIN, OTIS -- read once and referred to the
   Committee on Corporations, Authorities and Commissions -- reported and
   referred to the Committee  on  Codes  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend  the  not-for-profit  corporation  law  and  the  public
   authorities law, in relation to the applicability of open meetings and
   freedom of information laws to certain not-for-profit corporations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section  104  of  the  not-for-profit  corporation  law  is
 amended by adding a new subdivision (h) to read as follows:
   (H)  THE  DEPARTMENT  SHALL TRANSMIT ELECTRONICALLY TO THE AUTHORITIES
 BUDGET OFFICE A COPY OF EVERY  CERTIFICATE  OF  INCORPORATION  FILED  OR
 DELIVERED  WHERE  THE INCORPORATOR HAS INDICATED ON THE CERTIFICATE THAT
 HE OR SHE IS FILING SAID CERTIFICATE ON THE BEHALF OR AT THE BEHEST OF A
 MUNICIPAL CORPORATION, STATE OR LOCAL AUTHORITY, OR DISTRICT.
   § 2. Subdivision 2-b of paragraph (a) of section 402 of  the  not-for-
 profit  corporation  law, as added by chapter 23 of the laws of 2014, is
 amended to read as follows:
   (2-b) If it is not formed to engage in any activity or for any purpose
 requiring consent or approval of any state official, department,  board,
 agency  or  other body, OR DOES NOT REQUIRE CONSENT PURSUANT TO SUBPARA-
 GRAPH (2) OR (3) OF PARAGRAPH (W) OF SECTION FOUR HUNDRED FOUR  OF  THIS
 ARTICLE,  a statement that no such consent or approval is required. Such
 statement shall be deemed conclusive  for  purposes  of  filing  by  the
 department  of  state.  If  subsequent  to submitting the certificate of
 incorporation for filing, the corporation plans to engage in any  activ-
 ity  requiring  consent  or approval pursuant to section 404 (approvals,
 notices and consents) of this chapter, the corporation shall obtain such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08161-02-1
              

co-Sponsors

2021-A4575B (ACTIVE) - Details

See Senate Version of this Bill:
S4339
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §§104, 402, 404 & 1411, N-PC L; amd §2, add §2829, Pub Auth L
Versions Introduced in 2023-2024 Legislative Session:
A3715, S2727

2021-A4575B (ACTIVE) - Summary

Relates to the applicability of open meetings and freedom of information laws to certain not-for-profit corporations.

2021-A4575B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4575--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by  M. of A. PAULIN, OTIS, FAHY -- read once and referred to
   the Committee on Corporations, Authorities and Commissions -- reported
   and referred to the Committee on Codes -- committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- recommitted to the Committee on Codes in accordance with Assem-
   bly Rule 3, sec. 2 -- reported and referred to the Committee  on  Ways
   and  Means -- reported and referred to the Committee on Rules -- Rules
   Committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to the Committee on Rules
 
 AN  ACT  to  amend  the  not-for-profit  corporation  law and the public
   authorities law, in relation to the applicability of open meetings and
   freedom of information laws to certain not-for-profit corporations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  104  of  the  not-for-profit  corporation law is
 amended by adding a new paragraph (h) to read as follows:
   (H) THE DEPARTMENT SHALL TRANSMIT ELECTRONICALLY  TO  THE  AUTHORITIES
 BUDGET  OFFICE  A  COPY  OF  EVERY CERTIFICATE OF INCORPORATION FILED OR
 DELIVERED WHERE THE INCORPORATOR HAS INDICATED ON THE  CERTIFICATE  THAT
 HE OR SHE IS FILING SAID CERTIFICATE ON THE BEHALF OR AT THE BEHEST OF A
 MUNICIPAL CORPORATION, STATE OR LOCAL AUTHORITY, OR DISTRICT.
   §  2. Subparagraph 2-b of paragraph (a) of section 402 of the not-for-
 profit corporation law, as added by chapter 23 of the laws of  2014,  is
 amended to read as follows:
   (2-b) If it is not formed to engage in any activity or for any purpose
 requiring  consent or approval of any state official, department, board,
 agency or other body, OR DOES NOT REQUIRE CONSENT PURSUANT  TO  SUBPARA-
 GRAPH (2) OR (3) OF PARAGRAPH (W) OF SECTION 404 (APPROVALS, NOTICES AND
 CONSENTS) a statement that no such consent or approval is required. Such
 statement  shall  be  deemed  conclusive  for  purposes of filing by the
 department of state. If subsequent  to  submitting  the  certificate  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08161-04-2
              

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