NY State Senate Bill 2023-S5939

Senate Bill S5939

2023-2024 Legislative Session

Permits the Albany Cemetery Association to file a certificate of amendment of certificate of incorporation with the department of state

download bill text pdf

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to corporations, authorities and commissions
Jun 10, 2023	committed to rules
May 30, 2023	advanced to third reading
May 24, 2023	2nd report cal.
May 23, 2023	1st report cal.1237
Mar 23, 2023	referred to corporations, authorities and commissions

Votes

- May 23, 2023 - Corporations, Authorities And Commissions Committee Vote
  S5939
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: May 23, 2023
      
      aye (7)
      
      Comrie
      
      Hoylman-Sigal
      
      Mattera
      
      Mayer
      
      Ramos
      
      Skoufis
      
      Weber

2023-S5939 (ACTIVE) - Details

See Assembly Version of this Bill:: A7476
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Not-for-Profit Corporation

2023-S5939 (ACTIVE) - Summary

Permits the Albany Cemetery Association to file a certificate of amendment of certificate of incorporation with the department of state within one year of the effective date.

2023-S5939 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5939

SPONSOR: ASHBY
 
TITLE OF BILL:

An act in relation to permitting the Albany Cemetery Association to file
a certificate of amendment of certificate of incorporation with the
department of state

 
PURPOSE:

This legislation would authorize the secretary of state to accept for
filing from the Albany Cemetery Association, an application for a
certificate of amendment of certificate of incorporation pursuant to
section 803 of the not-for-profit corporation law.

 
SUMMARY OF PROVISIONS:

Section 1 would authorize the secretary of state to accept for filing
from Albany Cemetery Association, located in the county of Albany, an
application for a certificate of amendment. The filing would be required
within one year of the effective date of this act.

 
JUSTIFICATION:

The Albany Cemetery Association was created by a special act of the
Legislature in 1841. The Legislature amended the Charter in 1869.

The Albany Cemetery Association has been a not-for-profit state regu-
lated entity.

Since the cemetery was created by a special act of the legislature, the
department of state does not have the corporation in its database of
corporations which prevents Albany Cemetery from filing any updates to
its certificate of incorporation to comply with changes in the law. This
situation also means that since the corporation is not listed in state
databases, lenders will not extend credit for equipment and the federal
government will not process veteran services payments without a valid
state corporate status in their vendor system (System for Award Manage-
ment (SAM).

This bill would allow Albany Cemetery Association to file a certificate
of amendment of their special act certificate of incorporation with the
secretary of state to comply with changes in the not-for-profit corpo-
ration law. This bill would also affirm the not-for-profit status of the
organization.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5939 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5939
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2023
                                ___________
 
 Introduced  by  Sen.  ASHBY  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN ACT in relation to permitting the Albany Cemetery Association to file
   a  certificate  of  amendment of certificate of incorporation with the
   department of state

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any other provision of law to the contrary,
 the  department  of state is hereby authorized to accept for filing from
 the Albany Cemetery Association, located in the  county  of  Albany,  an
 application  for  a  certificate of amendment of certificate of incorpo-
 ration pursuant to section 803 of  the  not-for-profit  corporation  law
 within one year of the effective date of this act.
   Notwithstanding any other provision of law to the contrary, the Albany
 Cemetery  Association  is  and  shall have been considered a corporation
 within the meaning of subparagraph 5 of paragraph (a) of section 102  of
 the not-for-profit corporation law.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10417-01-3

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