Assembly Bill A3715A

2023-2024 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 Via S2727 - In Senate 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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Actions
Votes

Bill Amendments

co-Sponsors

2023-A3715 - Details

See Senate Version of this Bill:
S2727
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 2021-2022 Legislative Session:
A4575, S4339

2023-A3715 - Summary

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

2023-A3715 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3715
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced  by  M. of A. PAULIN, OTIS, FAHY -- 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 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
 incorporation for filing, the corporation plans to engage in any  activ-
 ity  requiring  consent or approval pursuant to section 404 [(approvals]
 (APPROVALS, notices and consents) of this chapter, the corporation shall
 obtain such consent or approval and accordingly amend its certificate of
 incorporation pursuant to article eight of this chapter.
   § 3. Paragraph (a) of section 402 of  the  not-for-profit  corporation
 law is amended by adding a new subparagraph 9 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04263-01-3
              

co-Sponsors

2023-A3715A - Details

See Senate Version of this Bill:
S2727
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 2021-2022 Legislative Session:
A4575, S4339

2023-A3715A - Summary

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

2023-A3715A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3715--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced  by  M.  of  A. PAULIN, OTIS, FAHY, JACOBSON -- read once and
   referred to the Committee on Corporations, Authorities and Commissions
   -- reported and referred to the Committee on Ways and Means -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted 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 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  PARAGRAPH
 (W)  OF  SECTION 404 (APPROVALS, NOTICES AND CONSENTS) 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 activity requiring
 consent or approval pursuant to  section  404  [(approvals]  (APPROVALS,
 notices  and  consents) of this [chapter] ARTICLE, the corporation shall
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04263-02-3
 A. 3715--A                          2
              

co-Sponsors

2023-A3715B - Details

See Senate Version of this Bill:
S2727
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 2021-2022 Legislative Session:
A4575, S4339

2023-A3715B - Summary

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

2023-A3715B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3715--B
                                                          Cal. No. 95
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced  by  M.  of A. PAULIN, OTIS, FAHY, JACOBSON, McDONALD -- read
   once and referred to the Committee on  Corporations,  Authorities  and
   Commissions  --  reported  and  referred  to the Committee on Ways and
   Means -- committee discharged,  bill  amended,  ordered  reprinted  as
   amended  and recommitted to said committee -- ordered to a third read-
   ing, amended and ordered reprinted, retaining its place on  the  order
   of third reading
 
 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
 SUCH  INCORPORATOR  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  PARAGRAPH
 (W)  OF  SECTION 404 (APPROVALS, NOTICES AND CONSENTS) 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 activity requiring
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2023-A3715C (ACTIVE) - Details

See Senate Version of this Bill:
S2727
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 2021-2022 Legislative Session:
A4575, S4339

2023-A3715C (ACTIVE) - Summary

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

2023-A3715C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3715--C
                                                          Cal. No. 95
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced  by  M.  of A. PAULIN, OTIS, FAHY, JACOBSON, McDONALD -- read
   once and referred to the Committee on  Corporations,  Authorities  and
   Commissions  --  reported  and  referred  to the Committee on Ways and
   Means -- committee discharged,  bill  amended,  ordered  reprinted  as
   amended  and recommitted to said committee -- ordered to a third read-
   ing, amended and ordered reprinted, retaining its place on  the  order
   of third reading -- again amended on third reading, ordered reprinted,
   retaining its place on the order of third reading
 
 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
 SUCH  INCORPORATOR  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  PARAGRAPH
 (W)  OF  SECTION 404 (APPROVALS, NOTICES AND CONSENTS) 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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