Bill Text: NY A02293 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the sale of monuments.

Spectrum: Moderate Partisan Bill (Democrat 13-3)

Status: (Introduced - Dead) 2018-01-03 - referred to ways and means [A02293 Detail]

Download: New_York-2017-A02293-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2293
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2017
                                       ___________
        Introduced  by  M.  of  A.  MORELLE, COLTON, CYMBROWITZ, HEVESI, ABBATE,
          CUSICK, ABINANTI, WEPRIN, WOERNER -- Multi-Sponsored by --  M.  of  A.
          BARCLAY,  CROUCH,  GALEF, LUPARDO, MONTESANO, NOLAN, ROSENTHAL -- read
          once and referred to the Committee on  Corporations,  Authorities  and
          Commissions
        AN  ACT to amend the religious corporations law, in relation to the sale
          of monuments
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The fourth and fifth undesignated paragraphs of section 7
     2  of the religious corporations law, as added by chapter 560 of  the  laws
     3  of 1998, are amended to read as follows:
     4    No  religious  corporation  owning, managing or controlling a cemetery
     5  shall, directly or indirectly:
     6    (a) sell, or have, enter into or perform a lease of any  of  its  real
     7  property dedicated to cemetery purposes or adjacent thereto to a funeral
     8  entity, or use any of its property for locating a funeral entity;
     9    (b) commingle its funds with a funeral entity;
    10    (c) direct or carry on its cemetery related business or affairs with a
    11  funeral entity;
    12    (d) authorize control of its cemetery related business or affairs by a
    13  funeral entity;
    14    (e)  engage in any sale or cross-marketing of goods or services with a
    15  funeral entity;
    16    (f) have, enter into or perform a management or service  contract  for
    17  cemetery operations with a funeral entity; [or]
    18    (g)  have, enter into or perform a management contract with any entity
    19  other than a not-for-profit cemetery or religious corporation[.];
    20    (h) engage in the sale of monuments, not including flush bronze  mark-
    21  ers, nor shall such monuments be displayed for sale on the property of a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00942-01-7
        A. 2293                             2
     1  religious  corporation,  whether  such  property  is located on cemetery
     2  grounds or elsewhere; or
     3    (i) authorize or permit any employee or trustee or director thereof to
     4  advertise or make known his or her relationship to such religious corpo-
     5  ration  or  cemetery  if such person is engaged in the sale of monuments
     6  outside of his or her employment by or affiliation  with  the  religious
     7  corporation or the cemetery.
     8    Only  the  provisions  of subparagraphs (a) [and], (b), (h) and (i) of
     9  the [previous] fourth undesignated paragraph of this section shall apply
    10  to religious corporations with thirty acres or  less  of  real  property
    11  dedicated to cemetery purposes, and only to the extent the sale or lease
    12  is  of real property dedicated to cemetery purposes, and such cemeteries
    13  shall not engage in the sale of funeral home goods or  services,  except
    14  if  such  goods and services are otherwise permitted to be sold by ceme-
    15  teries.
    16    § 2. This act shall take effect on the thirtieth day  after  it  shall
    17  have become a law.