NY State Senate Bill 2025-S6991

Senate Bill S6991

2025-2026 Legislative Session

Relates to the court approval process for the sale, mortgage and lease of real property of a religious corporation

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 27, 2025	referred to corporations, authorities and commissions

2025-S6991 (ACTIVE) - Details

See Assembly Version of this Bill:: A7892
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Religious Corporations Law
Laws Affected:: Amd §§2-b & 12, Rel Corp L

2025-S6991 (ACTIVE) - Summary

Relates to the court approval process for the sale, mortgage and lease of real property of the Greek Orthodox Archdiocese of America.

2025-S6991 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6991

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the religious corporations law, in relation to the court
approval process for the sale, mortgage and lease of real property of a
religious corporation

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to expedite the process by which the Greek
Orthodox Archdiocese obtains court approval for the disposition of its
assets.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 2-b of the Religious Corporations
Law to exempt the Greek Orthodox Archdiocese from having to provide
notice to the Attorney General when it is seeking court approval for the
disposition of its assets.

Section 2 of the bill amends section 12 of the Religious Corporations
Law by adding a new subdivision (5-d) requiring the trustees of the
Greek Orthodox Archdiocese to first obtain approval from its archbishop
prior to petitioning the court for approval to dispose its real proper-
ty.

Section 3 of the bill amends subdivision 6 of section 12 of the Reli-
gious Corporations Law to require the Greek Orthodox Church to certify
that it has complied with this section in its petition to the court.

 
JUSTIFICATION:

This bill seeks to expedite the process by which the Greek Orthodox
Archdiocese obtains court approval for the disposition of its assets.
Pursuant to section 12 of the Religious Corporations Law, religious
corporations seeking to sell, mortgage or lease for a term exceeding
five years any of their real property must obtain either court approval
or Attorney General approval. Section 511(b) of Not-for-Profit Corpo-
ration Law provides that when seeking court approval, the Attorney
General must be given at least 15 days notice before a court hearing on
the petition for approval. Unfortunately, the current process can add
thousands of dollars in extra costs and delay the ability of the Greek
Orthodox Archdiocese to obtain court approval in an expeditious manner.

Currently, section 2-b of the Religious Corporations Law exempts certain
religious corporations from having to provide notice to the Attorney
General when they petition for court approval. Churches currently
exempted from this requirement include the Protestant Episcopal Church,
the Roman Catholic Church, the Ruthenian Catholic Church, the Ruthenian
Catholic Church, the African Methodist Church, the Presbyterian Church,
the United Methodist Church, and the Reformed Church of America. These
churches were exempted because they are hierarchical. The Greek Orthodox
Archdiocese is also a hierarchical church. Accordingly, this bill amends
the list of exempted religious corporations to include the Greek Ortho-
dox Archdiocese, and requires that the church first obtain approval from
its archbishop prior to petitioning the court. This ensures the proper

safeguards are in place without the need for notice to the Attorney
General.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S6991 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6991
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2025
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN ACT to amend the religious corporations law, in relation to the court
   approval  process for 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.  Paragraph  (d-1)  of  subdivision 1 of section 2-b of the
 religious corporations law, as amended by chapter 193  of  the  laws  of
 1985, is amended to read as follows:
   (d-1)  Notwithstanding  any  provision of this chapter or the not-for-
 profit corporation law, any  church  referred  to  in  subdivision  two,
 three,  four,  five,  five-a,  five-b,  five-c, FIVE-D or six of section
 twelve of this chapter shall not be  required  to  give  notice  to  the
 attorney  general  of  any  application  required  by subdivision one of
 section twelve of this chapter or any application or  petition  required
 under  section  five  hundred  ten or section five hundred eleven of the
 not-for-profit corporation law.
   § 2. Section 12 of the religious corporations law is amended by adding
 a new subdivision 5-d to read as follows:
   5-D. THE TRUSTEES OF THE GREEK ORTHODOX ARCHDIOCESE OF  AMERICA  SHALL
 NOT  MAKE  APPLICATION TO THE COURT FOR LEAVE TO MORTGAGE, LEASE OR SELL
 ANY OF ITS REAL PROPERTY WITHOUT THE CONSENT OF ITS ARCHBISHOP.
   § 3. Subdivision 6 of section 12 of the religious corporations law, as
 amended by chapter 381 of the laws  of  1985,  is  amended  to  read  as
 follows:
   6.  The petition of the trustees of an incorporated Protestant Episco-
 pal church or Roman Catholic church shall, in addition  to  the  matters
 required by article five of the not-for-profit corporation law to be set
 forth  therein, set forth that this section has also been complied with.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11305-01-5

 S. 6991                             2
 
 The petition of the trustees of an incorporated African Methodist  Epis-
 copal  Zion  church shall in addition to the matters required by article
 five of the not-for-profit corporation law to be set forth therein,  set
 forth that this section has also been complied with. The petition of the
 trustees  of  an incorporated Presbyterian church in connection with the
 General Assembly of the Presbyterian Church (U.S.A.), shall, in addition
 to the matters required by article five  of  the  not-for-profit  corpo-
 ration law to be set forth therein, set forth that this section has also
 been  complied  with.  The  petition  of the trustees of an incorporated
 United Methodist church shall, in addition to the  matters  required  by
 article five of the not-for-profit corporation law to be set forth ther-
 ein, set forth that this section has also been complied with.  THE PETI-
 TION  OF  THE  TRUSTEES OF AN INCORPORATED GREEK ORTHODOX ARCHDIOCESE OF
 AMERICA CHURCH SHALL, IN ADDITION TO THE  MATTERS  REQUIRED  BY  ARTICLE
 FIVE  OF THE NOT-FOR-PROFIT CORPORATION LAW TO BE SET FORTH THEREIN, SET
 FORTH THAT THIS SECTION HAS ALSO BEEN COMPLIED WITH.
   § 4. This act shall take effect immediately.

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