senate Bill S4339A

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 02, 2021 print number 4339a
Jun 02, 2021 amend and recommit to corporations, authorities and commissions
Feb 03, 2021 referred to corporations, authorities and commissions

S4339 - Details

See Assembly Version of this Bill:
A4575
Current Committee:
Senate Corporations, Authorities And Commissions
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §§104, 402, 404 & 1411, N-PC L; amd §2, add §2829, Pub Auth L

S4339 - Summary

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

S4339 - Sponsor Memo

S4339 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4339
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed 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.

S4339A (ACTIVE) - Details

See Assembly Version of this Bill:
A4575
Current Committee:
Senate Corporations, Authorities And Commissions
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §§104, 402, 404 & 1411, N-PC L; amd §2, add §2829, Pub Auth L

S4339A (ACTIVE) - Summary

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

S4339A (ACTIVE) - Sponsor Memo

S4339A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4339--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and   Commissions  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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
 consent or approval and accordingly amend its  certificate  of  incorpo-
 ration pursuant to article eight of this chapter.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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