Provides a means of incorporation for organized groups affiliated with the Hindu, Sikh and Islamic faiths

BILL NUMBER:S903

Title of bill

An act to amend the religious corporations law, in relation to providing a means of incorporation for organized groups affiliated with the Hindu, Sikh and Islamic faiths

Purpose or general idea of bill

The legislation will give organized groups affiliated with the Hindu, Sikh and Islamic faiths the same rights to incorporation as enjoyed by more than 20 other religiously affiliated groups under the current New York State Religious Corporations Law.

Summary of provisions

Section 1 of the bill amends the fourth undesignated paragraph of section of the religious corporations law, as amended by chapter 674 of the laws of 1947, by adding to the definition of "clergyman" and "minister" to include "pandit, swami, guru, granthi, imam, moulvi, maulana".

Section 2 of the bill amends the religious corporations law by adding a new article 22 that creates a category for "Organizations of the Hindu Faith" setting forth following sections: Section 460. Application; Section 461. Application for incorporation; Section 462. Qualification of voters; Section 463. Notice of meeting for incorporation; Section 464. Meeting for incorporation; Section 465. Church governance; Section 466. Certificate of incorporation; Section 467. Reincorporation of present incorporated churches; Section 468. Time, place and notice of corporate meetings; Section 469. Corporate meetings;

Section 3 of the bill amends the religious corporations law by adding a new article 23 that creates a category for "Organizations of the Sikh Faith" setting forth following sections: Section 470. Application; Section 471. Application for incorporation; Section 472. Qualification of voters; Section 473. Notice of meeting for incorporation; Section 474. Meeting for incorporation; Section 475. Church governance; Section 476. Certificate of incorporation; Section 477. Reincorporation of present incorporated churches; Section 478. Time, place and notice of corporate meetings; Section 479. Corporate meetings;

Section 4 of the bill amends the religious corporations law by adding anew article 24 that creates a category for "Organizations of the Islamic Faith" setting forth following sections: Section 480. Application; Section 481. Application for incorporation; Section 482. Qualification of voters; Section 483. Notice of meeting for incorporation; Section 484. Meeting for incorporation; Section 485. Church governance; Section 486. Certificate of incorporation; Section 487. Reincorporation of present incorporated churches; Section 488. Time, place and notice of corporate meetings; Section 489. Corporate meetings;

Section 5 provides for this act to take effect immediately.

Justification

Current state law allows for a means of incorporation for more than 20 religiously affiliated churches/organizations from Protestant, Presbyterian and Roman Catholic Churches to Universalists and Unitarian Societies. However, this same privilege has yet to be explicitly granted to organized groups affiliated with the Hindu, Sikh and Islamic faiths.

Each of these religious faiths dates back a minimum of 1,000 years and their followers have practiced their faiths in the United States for decades if not centuries. New York State is home to many followers of each religious faith and their members count into the thousands if not millions throughout the state.

One of the fundamental tenets of the United States Constitution is religious freedom and it is time that the state of New York officially acknowledge the Hindu, Sikh and Islamic faiths by giving them the same privilege that is given to more than 20 other faiths who already enjoy the right to incorporate as a religious corporation with all of responsibilities and benefits that accompany this incorporated status.

Prior legislative history

2011-12: S.4839

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect immediately.