Bill Text: NY A03122 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to the sale of monuments.
Spectrum: Moderate Partisan Bill (Democrat 13-4)
Status: (Engrossed - Dead) 2016-06-01 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [A03122 Detail]
Download: New_York-2015-A03122-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3122 2015-2016 Regular Sessions I N A S S E M B L Y January 22, 2015 ___________ Introduced by M. of A. MORELLE, COLTON, CYMBROWITZ, HEVESI, ABBATE, CUSICK, ABINANTI, WEPRIN -- Multi-Sponsored by -- M. of A. BARCLAY, CROUCH, GALEF, HEASTIE, 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. LBD04723-01-5 A. 3122 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 S 2. This act shall take effect on the thirtieth day after it shall 17 have become a law.