This bill has been amended

Bill S5019A-2011

Terminates the Clifton-Fine Health Care Corporation and transfers any assets and powers and repeals title 5 of article 10-C of the public authorities law

Terminates the Clifton-Fine Health Care Corporation, a public benefit corporation, and transfers any assets and powers to the Clifton-Fine Health Care Corporation, a not-for-profit corporation.

Details

Actions

  • Jan 4, 2012: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 13, 2011: referred to corporations, authorities and commissions
  • Jun 13, 2011: DELIVERED TO ASSEMBLY
  • Jun 13, 2011: PASSED SENATE
  • May 24, 2011: ADVANCED TO THIRD READING
  • May 23, 2011: 2ND REPORT CAL.
  • May 18, 2011: 1ST REPORT CAL.771
  • May 9, 2011: PRINT NUMBER 5019A
  • May 9, 2011: AMEND (T) AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • May 2, 2011: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Corporations, Authorities and Commissions - May 18, 2011
Ayes (5): Ranzenhofer, Flanagan, Larkin, Martins, Squadron
Ayes W/R (1): Perkins

Memo

BILL NUMBER:S5019A

TITLE OF BILL: An act to amend the public authorities law, in relation to the Clifton-Fine Health Care Corporation and to repeal title 5 of article 10-C of such law relating thereto

PURPOSE: To convert Clifton-Fine Health Care Corporation from a public benefit corporation to a not-for-profit corporation.

SUMMARY OF PROVISIONS: Section one amends the public authorities law by adding a new section 3622 to ensure the foregoing. Section two repeals Title 5 of article 10-C of the public authorities law. Section three provides the effective date.

JUSTIFICATION: The economic and procedural constraints of public benefit ownership, including principally, but not limited to, the cost of participating in the New York civil service retirement system, impair the hospital's ability to function and could cause it to fail completely.

LEGISLATIVE HISTORY: New.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: December 31, 2012, except that section one of this act shall take effect on the thirtieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 5019--A 2011-2012 Regular Sessions IN SENATE May 2, 2011 ___________
Introduced by Sen. GRIFFO -- 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 public authorities law, in relation to the Clifton- Fine Health Care Corporation and to repeal title 5 of article 10-C of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public authorities law is amended by adding a new section 3622 to read as follows: S 3622. TERMINATION OF THE CORPORATION. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE BOARD SHALL WIND UP THE AFFAIRS OF THE CORPORATION ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE, ON WHICH DATE THE CORPORATION SHALL CEASE TO EXIST. 2. ALL OF THE ASSETS, FUNCTIONS, POWERS, RIGHTS AND PRIVILEGES POSSESSED BY AND ALL OF THE LIABILITIES, OBLIGATIONS AND DUTIES OF THE CORPORATION, INCLUDING THE FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES OF ITS BOARD, OTHER THAN THOSE APPLICABLE TO A PUBLIC BENEFIT CORPORATION BUT NOT TO A CORPORATION ORGANIZED AND EXISTING UNDER THE NOT-FOR-PROFIT CORPORATION LAW, SHALL, ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE, BE TRANSFERRED AND ASSIGNED TO, ASSUMED BY AND DEVOLVED UPON THE CLIFTON-FINE HEALTH CARE CORPORATION, A CORPORATION ORGANIZED AND EXIST- ING UNDER THE NOT-FOR-PROFIT CORPORATION LAW. 3. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE, THE CORPO- RATION AND ITS BOARD SHALL DELIVER TO THE CLIFTON-FINE HEALTH CARE CORPORATION, A CORPORATION ORGANIZED AND EXISTING UNDER THE NOT-FOR-PRO- FIT CORPORATION LAW, ALL OF THE CORPORATION'S BOOKS, PAPERS, RECORDS AND PROPERTY. 4. ANY BUSINESS OR OTHER MATTER UNDERTAKEN OR COMMENCED BY THE CORPO- RATION OR ITS BOARD PERTAINING TO OR CONNECTED WITH THE ASSETS, FUNC-
TIONS, POWERS, RIGHTS, PRIVILEGES, LIABILITIES, OBLIGATIONS AND DUTIES HEREBY TRANSFERRED AND ASSIGNED TO THE CLIFTON-FINE HEALTH CARE CORPO- RATION, A CORPORATION ORGANIZED AND EXISTING UNDER THE NOT-FOR-PROFIT CORPORATION LAW, SHALL, FROM AND AFTER SUCH TRANSFER, BE CONDUCTED AND COMPLETED BY THE CLIFTON-FINE HEALTH CARE CORPORATION, A CORPORATION ORGANIZED AND EXISTING UNDER THE NOT-FOR-PROFIT CORPORATION LAW, IN THE SAME MANNER AND UNDER THE SAME TERMS AND CONDITIONS AND WITH THE SAME EFFECT AS IF CONDUCTED AND COMPLETED BY THE CORPORATION OR ITS BOARD. 5. ALL RULES, REGULATIONS, ACTS, DETERMINATIONS AND DECISIONS OF THE CORPORATION OR ITS BOARD PERTAINING TO THE ASSETS, LIABILITIES AND FUNC- TIONS HEREIN TRANSFERRED AND ASSIGNED, IN FORCE AT THE TIME OF SUCH TRANSFER, ASSIGNMENT, ASSUMPTION OR DEVOLUTION SHALL CONTINUE IN FORCE AND EFFECT AS RULES, REGULATIONS, ACTS, DETERMINATIONS AND DECISIONS OF THE CLIFTON-FINE HEALTH CARE CORPORATION, A CORPORATION ORGANIZED AND EXISTING UNDER THE NOT-FOR-PROFIT CORPORATION LAW, UNTIL DULY MODIFIED OR ABROGATED BY SUCH CORPORATION. 6. WHENEVER THE CORPORATION OR ITS BOARD ARE REFERRED TO OR DESIGNATED IN ANY LAW, CONTRACT OR DOCUMENT PERTAINING TO THE FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES HEREBY TRANSFERRED TO AND ASSIGNED TO THE CLIF- TON-FINE HEALTH CARE CORPORATION, A CORPORATION ORGANIZED AND EXISTING UNDER THE NOT-FOR-PROFIT CORPORATION LAW, SUCH REFERENCE OR DESIGNATION SHALL BE DEEMED TO REFER TO THE CLIFTON-FINE HEALTH CARE CORPORATION, A CORPORATION ORGANIZED AND EXISTING UNDER THE NOT-FOR-PROFIT CORPORATION LAW. 7. NO EXISTING RIGHT OR REMEDY OF ANY CHARACTER SHALL BE LOST, IMPAIRED OR AFFECTED BY REASON OF THIS SECTION OTHER THAN THOSE APPLICA- BLE TO A PUBLIC BENEFIT CORPORATION AND NOT TO A CORPORATION ORGANIZED AND EXISTING UNDER THE NOT-FOR-PROFIT CORPORATION LAW. 8. NO ACTION PENDING AT ANY TIME ON THE EFFECTIVE DATE OF THIS SECTION, BROUGHT BY OR AGAINST THE CORPORATION OR ITS BOARD SHALL BE AFFECTED BY ANY PROVISION OF THIS SECTION, BUT THE SAME MAY BE PROSE- CUTED OR DEFENDED IN THE NAME OF THE CLIFTON-FINE HEALTH CARE CORPO- RATION, A CORPORATION ORGANIZED AND EXISTING UNDER THE NOT-FOR-PROFIT CORPORATION LAW, AND SUCH CORPORATION SHALL, UPON APPLICATION TO THE COURT, BE SUBSTITUTED AS A PARTY. 9. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE, THE CORPO- RATION SHALL REPAY ALL OF ITS OUTSTANDING TAX-EXEMPT BONDS OR NOTES, IF ANY, INCLUDING ITS NOTES AND BONDS, IF ANY, AND TRANSFER ALL OF ITS RIGHTS, PROPERTIES AND ASSETS, OF WHATEVER KIND, TO THE CLIFTON-FINE HEALTH CARE CORPORATION, A CORPORATION ORGANIZED AND EXISTING UNDER THE NOT-FOR-PROFIT CORPORATION LAW. 10. NOTWITHSTANDING ANY OTHER PROVISION OF APPLICABLE LAW TO THE CONTRARY, THE TRANSFER PROVIDED FOR IN THIS SECTION SHALL REQUIRE NO FURTHER APPROVAL OR CONSENT UNDER ANY PROVISION OF THE PUBLIC HEALTH LAW, THE MENTAL HYGIENE LAW, THE SOCIAL SERVICES LAW OR ANY OTHER LAW OR REGULATION OF THE STATE. S 2. Title 5 of article 10-C of the public authorities law is REPEALED. S 3. This act shall take effect December 31, 2012, except that section one of this act shall take effect on the thirtieth day after it shall have become a law.

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