Bill Text: NY S02606 | 2017-2018 | General Assembly | Amended
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: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-06-19 - SUBSTITUTED BY A5784B [S02606 Detail]
Download: New_York-2017-S02606-Amended.html
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--A 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 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 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 agreement has 8 been entered into with an existing cemetery corporation regulated under 9 this article, that will provide operational management of the mausoleum 10 or columbarium, and the owner of the mausoleum or columbarium has 11 reserved interment space and secured interment services in a cemetery 12 regulated under this article, in order to assure continued perpetual 13 care of the remains contained in the mausoleum or columbarium should 14 such mausoleum or columbarium become abandoned or choose to cease oper- 15 ations. 16 § 2. Subparagraph 7 of paragraph (a) of section 1506-a of the not-for- 17 profit corporation law, as added by chapter 560 of the laws of 1998, is 18 amended to read as follows: 19 (7) have, enter into or perform a management contract with any entity 20 other than a not-for-profit cemetery corporation; provided, however, 21 that a not-for-profit cemetery corporation may enter into or perform a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00767-02-7S. 2606--A 2 1 management contract with a private cemetery corporation provided such 2 agreement or contract shall have first been authorized by the board of 3 the not-for-profit cemetery corporation. 4 § 3. The general municipal law is amended by adding a new section 167 5 to read as follows: 6 § 167. Prohibition of stand-alone mausoleum and columbarium. No munic- 7 ipal corporation shall approve or authorize the construction of a mauso- 8 leum or columbarium on property owned by the municipality where such 9 mausoleum or columbarium shall be the only form of interment offered by 10 a cemetery corporation, unless a management agreement has been entered 11 into with an existing cemetery corporation regulated under article 12 fifteen of the not-for-profit corporation law, that will provide opera- 13 tional management of the mausoleum or columbarium, and the owner of the 14 mausoleum or columbarium has reserved interment space and secured inter- 15 ment services in a cemetery regulated under this article, in order to 16 assure continued perpetual care of the remains contained in the mausole- 17 um or columbarium should such mausoleum or columbarium become abandoned 18 or choose to cease operations. 19 § 4. The town law is amended by adding a new section 292-b to read as 20 follows: 21 § 292-b. Prohibition of stand-alone mausoleum and columbarium. No town 22 shall approve or authorize the construction of a mausoleum or columbari- 23 um on property owned by the town where such mausoleum or columbarium 24 shall be the only form of interment offered for cemetery purposes unless 25 a management agreement has been entered into with an existing cemetery 26 corporation regulated under article fifteen of the not-for-profit corpo- 27 ration law, that will provide operational management of the mausoleum or 28 columbarium, and the owner of the mausoleum or columbarium has reserved 29 interment space and secured interment services in a cemetery, in order 30 to assure continued perpetual care of the remains contained in the 31 mausoleum or columbarium should such mausoleum or columbarium become 32 abandoned or choose to cease operations. 33 § 5. The village law is amended by adding a new section 15-1512 to 34 read as follows: 35 § 15-1512 Prohibition of stand-alone mausoleum and columbarium. No 36 village shall approve or authorize the construction of a mausoleum or 37 columbarium on property owned by the village where such mausoleum or 38 columbarium shall be the only form of interment offered for cemetery 39 purposes unless a management agreement has been entered into with an 40 existing cemetery corporation regulated under article fifteen of the 41 not-for-profit corporation law, that will provide operational management 42 of the mausoleum or columbarium, and the owner of the mausoleum or 43 columbarium has reserved interment space and secured interment services 44 in a cemetery regulated under this article, in order to assure continued 45 perpetual care of the remains contained in the mausoleum or columbarium 46 should such mausoleum or columbarium become abandoned or choose to cease 47 operations. 48 § 6. The closing paragraph of section 7 of the religious corporations 49 law, as added by chapter 560 of the laws of 1998, is amended to read as 50 follows: 51 Only the provisions of subparagraphs (a) and (b) of the previous para- 52 graph shall apply to religious corporations with thirty acres or less of 53 real property dedicated to cemetery purposes, and only to the extent the 54 sale or lease is of real property dedicated to cemetery purposes, and 55 such cemeteries shall not engage in the sale of funeral home goods or 56 services, except if such goods and services are otherwise permitted toS. 2606--A 3 1 be sold by cemeteries. No religious corporation shall approve or author- 2 ize the construction of a mausoleum or columbarium on property owned by 3 the religious corporation where such mausoleum or columbarium shall be 4 the only form of interment offered for cemetery purposes unless a 5 management agreement has been entered into with an existing cemetery 6 corporation regulated under article fifteen of the not-for-profit corpo- 7 ration law, that will provide operational management of the mausoleum or 8 columbarium, and the owner of the mausoleum or columbarium has reserved 9 interment space and secured interment services in a cemetery regulated 10 under this article, in order to assure continued perpetual care of the 11 remains contained in the mausoleum or columbarium should such mausoleum 12 or columbarium become abandoned or choose to cease operations. 13 § 7. This act shall take effect immediately.
