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S8001Senate2015-2016 Session

Authorizes sale or mortgage of certain real property of religious corporation without leave of supreme court

Sponsor Patrick M. GallivanSD-59Affects Economy
Status
In Senate Committee
Corporations, Authorities And Commissions
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Corporations, Authorities And Commissions

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Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

Chair, Crime Victims, Crime And Correction

No co-sponsors yet.

History

  1. Referred to corporations, authorities and commissions

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

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

Summary of provisions

This bill amends Section 12 of the Religious Corporations Law to provide an exemption to the current requirement for court approval of the sale, mortgage or lease of property owned by a religious corporation. This exemption would only apply to the sale of real property whose fair market value and actual sale price do not exceed $200,000.00 or to the mortgage of real property where such mortgage secures a debt of less than $200,000.00.

Existing law

Section 12(1) of the Religious Corporations Law requires that a religious corporation intending to sell, mortgage or lease (for a period of more than five (5) years) first must submit a petition to the Supreme Court of the judicial district or the County Court of the county in which the corporation has its office or principal place of operation. The court then gives a minimum fifteen (15) day notice of hearing on the transaction to the Attorney General and any other member, officer or creditor of the corporation that the court may choose. A "show-cause" hearing is then held at which any party may appear and argue why the petition should not be granted. Once satisfied that the consideration and terms of the transaction are fair & reasonable, the court may authorize the sale, lease or other disposition of the property.

Justification

This process is a difficult, time-consuming and an expensive process for churches and other religious organizations That are trying to dispose of or encumber relatively modest properties. Exempting transactions under $200,000.00 enables these organizations to conduct routine business efficiently and economically while still insuring large amount transactions receive the scrutiny of the court.

Legislative history

2010 - S.4163 Reported and Committed to Finance 2009 - S.4163 Referred to Corporations, Authorities and Commissions 2008 - S.1591 Passed Senate 2007 - S.1591 Passed Senate 2006 - S.2497-A Passed Senate

Fiscal implications

There are no fiscal implications to the State but may save the courts time and money.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.