Bill Text: NY S02606 | 2017-2018 | General Assembly | Amended


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: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-19 - SUBSTITUTED BY A5784B [S02606 Detail]

Download: New_York-2017-S02606-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         2606--B
            Cal. No. 1239
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 13, 2017
                                       ___________
        Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Corporations,  Authorities
          and   Commissions  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee --  recommitted
          to  the  Committee  on  Corporations,  Authorities  and Commissions in
          accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
          committee,  ordered  to  first  and  second report, ordered to a third
          reading, amended and ordered reprinted, retaining  its  place  in  the
          order of third reading
        AN  ACT  to  amend  the not-for-profit corporation 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 to be located in
     5  any city, town or village shall be approved by the cemetery  board  when
     6  such  mausoleum  or  columbarium  shall  be  the  only form of interment
     7  offered by a cemetery corporation, unless a management contract has been
     8  entered into with an existing cemetery corporation regulated under  this
     9  article,  that  will  provide operational management of the mausoleum or
    10  columbarium, and the owner of the mausoleum or columbarium has  reserved
    11  interment  space  and secured interment services in a cemetery regulated
    12  under this article, in order to assure continued perpetual care  of  the
    13  remains  contained in the mausoleum or columbarium should such mausoleum
    14  or columbarium become abandoned or choose to cease operations.
    15    § 2. Subparagraph 7 of paragraph (a) of section 1506-a of the not-for-
    16  profit corporation law, as added by chapter 560 of the laws of 1998,  is
    17  amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00767-06-8

        S. 2606--B                          2
     1    (7)  have, enter into or perform a management contract with any entity
     2  other than a not-for-profit  cemetery  corporation;  provided,  however,
     3  that  a  not-for-profit cemetery corporation may enter into or perform a
     4  management contract with a private cemetery corporation for  the  opera-
     5  tional management of a mausoleum or columbarium by such private cemetery
     6  corporation  provided  such contract shall have first been authorized by
     7  the board of the not-for-profit cemetery corporation.
     8    § 3. The closing paragraph of section 7 of the religious  corporations
     9  law,  as added by chapter 560 of the laws of 1998, is amended to read as
    10  follows:
    11    Only the provisions of subparagraphs (a) and (b) of the previous para-
    12  graph shall apply to religious corporations with thirty acres or less of
    13  real property dedicated to cemetery purposes, and only to the extent the
    14  sale or lease is of real property dedicated to  cemetery  purposes,  and
    15  such  cemeteries  shall  not engage in the sale of funeral home goods or
    16  services, except if such goods and services are otherwise  permitted  to
    17  be sold by cemeteries. No religious corporation shall approve or author-
    18  ize  the construction of a mausoleum or columbarium on property owned by
    19  the religious corporation where such mausoleum or columbarium  shall  be
    20  the  only  form  of  interment  offered  for  cemetery purposes unless a
    21  management contract has been entered  into  with  an  existing  cemetery
    22  corporation regulated under article fifteen of the not-for-profit corpo-
    23  ration law, that will provide operational management of the mausoleum or
    24  columbarium,  and the owner of the mausoleum or columbarium has reserved
    25  interment space and secured interment services in a  cemetery  regulated
    26  under  this  article, in order to assure continued perpetual care of the
    27  remains contained in the mausoleum or columbarium should such  mausoleum
    28  or columbarium become abandoned or choose to cease operations.
    29    § 4. This act shall take effect immediately.
feedback