Bill Text: NY A05784 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Prohibits the construction of any mausoleum or columbarium in a cemetery where such mausoleum or columbarium is the only form of interment offered in a cemetery, except in limited circumstances to assure the perpetual care of remains already in a mausoleum or columbarium.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Passed) 2018-10-01 - signed chap.296 [A05784 Detail]

Download: New_York-2017-A05784-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          5784
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 15, 2017
                                       ___________
        Introduced  by M. of A. JONES -- read once and referred to the Committee
          on Corporations, Authorities and Commissions
        AN ACT to amend the not-for-profit corporation law, the general  munici-
          pal  law, the town law, the village law and the religious corporations
          law, in relation to  prohibiting  certain  stand-alone  mausoleum  and
          columbarium
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 1506  of  the  not-for-profit  corporation  law  is
     2  amended by adding a new paragraph (m) to read as follows:
     3    (m)  Prohibition of stand-alone mausoleum and columbarium. No applica-
     4  tion for the  construction  of  a  mausoleum  or  columbarium  shall  be
     5  approved  by  the  cemetery  board  to  be  located in any city, town or
     6  village where such mausoleum or columbarium shall be the  only  form  of
     7  interment offered by a cemetery corporation.
     8    §  2. The general municipal law is amended by adding a new section 167
     9  to read as follows:
    10    § 167. Prohibition of stand-alone mausoleum and columbarium. No munic-
    11  ipal corporation shall approve or authorize the construction of a mauso-
    12  leum or columbarium on property owned by  the  municipality  where  such
    13  mausoleum or columbarium shall be the only form of interment offered for
    14  cemetery purposes.
    15    §  3. The town law is amended by adding a new section 292-b to read as
    16  follows:
    17    § 292-b. Prohibition of stand-alone mausoleum  and  columbarium.    No
    18  town  shall  approve  or  authorize  the  construction of a mausoleum or
    19  columbarium on property owned by the town where such mausoleum or colum-
    20  barium shall  be  the  only  form  of  interment  offered  for  cemetery
    21  purposes.
    22    §  4.  The  village  law is amended by adding a new section 15-1512 to
    23  read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00767-01-7
        A. 5784                             2
     1    § 15-1512 Prohibition of stand-alone  mausoleum  and  columbarium.  No
     2  village  shall  approve  or authorize the construction of a mausoleum or
     3  columbarium on property owned by the village  where  such  mausoleum  or
     4  columbarium  shall  be  the  only form of interment offered for cemetery
     5  purposes.
     6    §  5. The closing paragraph of section 7 of the religious corporations
     7  law, as added by chapter 560 of the laws of 1998, is amended to read  as
     8  follows:
     9    Only the provisions of subparagraphs (a) and (b) of the previous para-
    10  graph shall apply to religious corporations with thirty acres or less of
    11  real property dedicated to cemetery purposes, and only to the extent the
    12  sale  or  lease  is of real property dedicated to cemetery purposes, and
    13  such cemeteries shall not engage in the sale of funeral  home  goods  or
    14  services,  except  if such goods and services are otherwise permitted to
    15  be sold by cemeteries. No religious corporation shall approve or author-
    16  ize the construction of a mausoleum or columbarium on property owned  by
    17  the  religious  corporation where such mausoleum or columbarium shall be
    18  the only form of interment offered for cemetery purposes.
    19    § 6. This act shall take effect immediately.