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.

---

S5019B-2011 Actions

• Jun 20, 2012: referred to corporations, authorities and commissions
• Jun 20, 2012: RETURNED TO ASSEMBLY
• Jun 20, 2012: REPASSED SENATE
• Jun 12, 2012: AMENDED ON THIRD READING 5019D
• May 14, 2012: AMENDED ON THIRD READING 5019C
• May 14, 2012: VOTE RECONSIDERED - RESTORED TO THIRD READING
• May 14, 2012: returned to senate
• May 14, 2012: RECALLED FROM ASSEMBLY
• Jan 30, 2012: referred to corporations, authorities and commissions
• Jan 30, 2012: DELIVERED TO ASSEMBLY
• Jan 30, 2012: PASSED SENATE
• Jan 23, 2012: ADVANCED TO THIRD READING
• Jan 19, 2012: 2ND REPORT CAL.
• Jan 18, 2012: 1ST REPORT CAL.73
• Jan 11, 2012: PRINT NUMBER 5019B
• Jan 11, 2012: AMEND AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
• 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

S5019B-2011 Meetings

Corporations, Authorities and Commissions: Jan 18, 2012

S5019B-2011 Calendars

Active List: Jan 30, 2012 , Floor Calendar: Jan 19, 2012 , Floor Calendar: Jan 23, 2012 , Floor Calendar: Jan 24, 2012 , Floor Calendar: Jan 30, 2012

S5019B-2011 Votes

S5019B-2011 Memo

BILL NUMBER:S5019B

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:
2011 Passed Senate; Held in Corporations, Authorities & Commissions
Committee in the Assembly.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
December 31, 2013, except that section one of this act shall take
effect on the thirtieth day after it shall have become a law.

S5019B-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   5019--B

                         2011-2012 Regular Sessions

                              I N  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 --  recommitted
    to  the  Committee  on  Corporations,  Authorities  and Commissions in
    accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
    amended,  ordered reprinted as amended and recommitted to said commit-
    tee

  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 THIR-
  TEEN, 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
  THIRTEEN, BE TRANSFERRED AND ASSIGNED TO, ASSUMED BY AND  DEVOLVED  UPON
  THE  CLIFTON-FINE  HEALTH  CARE CORPORATION, A CORPORATION ORGANIZED AND
  EXISTING UNDER THE NOT-FOR-PROFIT CORPORATION LAW.
    3. ON OR BEFORE DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  THIRTEEN,  THE
  CORPORATION  AND ITS BOARD SHALL DELIVER TO THE CLIFTON-FINE HEALTH CARE
  CORPORATION, A CORPORATION ORGANIZED AND EXISTING UNDER THE NOT-FOR-PRO-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD11171-04-1

 S. 5019--B                          2

  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  THIRTEEN,  THE
  CORPORATION  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, 2013, except that section
  one of this act shall take effect on the thirtieth day  after  it  shall
  have become a law.