Bill Text: NY S09170 | 2021-2022 | General Assembly | Amended

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Bill Title: Relates to the maintenance of abandoned cemeteries; authorizes a solvent not-for-profit cemetery corporation that merges with an abandoned cemetery in a city to apply for state funds for the maintenance of an abandoned cemetery.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2022-06-01 - referred to ways and means [S09170 Detail]

Download: New_York-2021-S09170-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9170--A

                    IN SENATE

                                      May 12, 2022
                                       ___________

        Introduced  by  Sen.  COMRIE -- 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,  in  relation  to
          authorizing the maintenance of abandoned cemeteries

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (h) of section 1507 of the not-for-profit  corpo-
     2  ration  law,  as amended by chapter 380 of the laws of 2000 and subpara-
     3  graph 4 as amended by chapter 363 of the laws of  2009,  is  amended  to
     4  read as follows:
     5    (h)  Vandalism,  abandonment and monument repair or removal. (1) Ceme-
     6  teries incorporated under  this  article  shall  contribute  to  a  fund
     7  created  pursuant to section ninety-seven-r of the state finance law for
     8  the maintenance of abandoned cemeteries, including the  construction  of
     9  cemetery  fences,  placement of cemetery lights and replacement of ceme-
    10  tery doors and locks, for the restoration of property damaged by acts of
    11  vandalism, and for the repair or removal of monuments or  other  markers
    12  not owned by the cemetery corporation that have fallen into disrepair or
    13  dilapidation  so  as to create a dangerous condition. Such fund shall be
    14  administered by a board of trustees comprised of the secretary of state,
    15  the attorney general and the commissioner of health, or their designees,
    16  who shall serve without additional compensation.
    17    (2) The fund shall be financed by contributions by the cemetery corpo-
    18  rations of not more than five dollars ($5.00) per interment or cremation
    19  in a manner to be determined by the New York state  cemetery  board.  No
    20  contributions shall be collected upon the interment of the cremains of a
    21  deceased person where a contribution was collected upon cremations.
    22    (3)  The  moneys of the fund shall be expended equally for the mainte-
    23  nance of abandoned cemeteries previously owned by a corporation incorpo-
    24  rated pursuant to this chapter or the membership  corporations  law  and
    25  the  repair  of  cemetery  vandalism damage and the repair or removal of
    26  monuments or other  markers  not  owned  by  the  cemetery  corporation,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15736-02-2
        S. 9170--A                          2

     1  provided,  however,  that  the cemetery board may determine that circum-
     2  stances necessitate an unequal distribution due to  specific  needs  and
     3  may  provide  for  such  distribution. For purposes of this section, the
     4  maintenance  of  abandoned  cemeteries  may  include the construction of
     5  cemetery fences, placement of cemetery  lights,  removal  of  grass  and
     6  weeds,  demolition  or  restoration  of  any  buildings or structures in
     7  disrepair, the refilling of graves, the repair or removal  of  monuments
     8  or  other markers not owned by the cemetery corporation that have fallen
     9  into disrepair or dilapidation so as to create  a  dangerous  condition,
    10  and  replacement  of  cemetery doors and locks. For the purposes of this
    11  paragraph, the term "abandoned cemetery" may include cemeteries in immi-
    12  nent danger of abandonment as determined by the New York state  cemetery
    13  board.
    14    (4) Authorization for payments by the fund for maintenance of an aban-
    15  doned  cemetery  shall  be  made  by  the  secretary  of state only upon
    16  approval by the cemetery board of an application by  a  municipality  or
    17  other solvent not-for-profit cemetery corporation, or a solvent not-for-
    18  profit  cemetery corporation that merges with an abandoned cemetery in a
    19  city pursuant to section fifteen hundred six-d of this article, for fair
    20  and reasonable expenses required to be made by  the  municipality  [or],
    21  other  solvent not-for-profit cemetery corporation for maintenance of an
    22  abandoned cemetery, or a  solvent  not-for-profit  cemetery  corporation
    23  that  merges  with  an  abandoned cemetery in a city pursuant to section
    24  fifteen hundred six-d of this article; provided, however, that the ceme-
    25  tery board shall not approve any such  application  unless  the  munici-
    26  pality  [or],  other  solvent  not-for-profit  cemetery  corporation, or
    27  solvent not-for-profit cemetery corporation that merges  with  an  aban-
    28  doned  cemetery  in  a city pursuant to section fifteen hundred six-d of
    29  this article acknowledges that the responsibility  for  restoration  and
    30  future  care,  preservation,  and  maintenance of such cemetery has been
    31  assumed by the municipality or  other  solvent  not-for-profit  cemetery
    32  corporation,  or  the  solvent  not-for-profit cemetery corporation that
    33  merges with an abandoned cemetery in a city pursuant to section  fifteen
    34  hundred  six-d of this article. For the purposes of this paragraph, such
    35  cemetery shall always be deemed an abandoned cemetery.
    36    (5) Authorization for payments by the fund for the repair of vandalism
    37  damage shall be made by the secretary of state only on approval  by  the
    38  New York state cemetery board which shall determine:
    39    (i)  that  an act of vandalism to the extent described by the cemetery
    40  corporation did take place;
    41    (ii) that either a written report of the vandalism was filed with  the
    42  local  police  or  sheriff's  department,  or,  that  the cemetery, upon
    43  consent of the division, made a determination not  to  file  the  report
    44  because  the publicity generated by filing the report would have adverse
    45  consequences for the cemetery;
    46    (iii) that the cost of repairs is fair and reasonable; and
    47    (iv) that the cemetery corporation has been  unable  to  obtain  funds
    48  from the lot owner, his spouse, devisees or descendants within a reason-
    49  able  period of time nor are there adequate funds in the cemetery corpo-
    50  rations monument maintenance fund, if such a fund has  been  established
    51  by the cemetery.
    52    (6)  Authorization  for payments by the fund for the repair or removal
    53  of monuments or other markers not  owned  by  the  cemetery  corporation
    54  shall be made by the secretary of state only on approval by the New York
    55  state cemetery board on application by the cemetery corporation showing:
        S. 9170--A                          3

     1    (i)  that the monuments or markers are so badly out of repair or dila-
     2  pidated as to create a dangerous condition;
     3    (ii) that the cost of remedying the condition is fair and reasonable;
     4    (iii) that the cemetery corporation has given not less than sixty days
     5  notice to the last known owner to repair or remove the monument or other
     6  marker and the said owner has failed to do so within the time prescribed
     7  in said notice.
     8    (7)  The New York state cemetery board shall promulgate rules defining
     9  standards of maintenance, as well as what type of vandalism  or  out  of
    10  repair  or  dilapidated  monuments  or  other  markers shall qualify for
    11  payment of repair or removal by the fund and the method  and  amount  of
    12  payment of contributions described in subparagraph two of this paragraph
    13  upon  the  recommendation  of the state cemetery board citizens advisory
    14  council created by section  fifteen  hundred  seven-a  of  this  article
    15  (State  cemetery  board  citizens advisory council).  The New York state
    16  cemetery board shall approve or deny any application  made  pursuant  to
    17  this  section  no  later  than  sixty  days after receipt of a completed
    18  application.
    19    (8) Nothing contained in this paragraph is to be construed as giving a
    20  cemetery corporation an  "insurable  interest"  in  monuments  or  other
    21  embellishments  on a plot, lot or part thereof, nor is it meant to imply
    22  that the cemetery  corporation  has  any  responsibility  for  repairing
    23  vandalism damage not covered by this fund, nor for repairing or removing
    24  out of repair or dilapidated monuments or other markers not owned by the
    25  cemetery  corporation, nor shall it constitute the doing of an insurance
    26  business.
    27    § 2. Section 1506-d of the not-for-profit corporation law  is  amended
    28  by adding a new subdivision (d) to read as follows:
    29    (d) Any cemetery corporation which assumes management and operation of
    30  a  cemetery  located  in  any  city through merger as authorized by this
    31  section, shall be discharged from repayment of any payments due from the
    32  city cemetery to its own funds from previous  operations  and  loans  to
    33  itself  including  but  not  limited  to  any permanent maintenance fund
    34  loans.
    35    § 3. This act shall take effect immediately.