Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 29, 2012 |
referred to corporations, authorities and commissions delivered to assembly passed senate |
Feb 15, 2012 |
advanced to third reading |
Feb 14, 2012 |
2nd report cal. |
Feb 13, 2012 |
1st report cal.194 |
Jan 04, 2012 |
referred to corporations, authorities and commissions returned to senate died in assembly |
Jun 15, 2011 |
referred to corporations, authorities and commissions delivered to assembly passed senate |
Jun 13, 2011 |
advanced to third reading |
Jun 07, 2011 |
2nd report cal. |
Jun 06, 2011 |
1st report cal.1015 |
May 13, 2011 |
referred to corporations, authorities and commissions |
Senate Bill S5370
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2011-S5370 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7418
- Current Committee:
- Assembly Corporations, Authorities And Commissions
- Law Section:
- Not-for-Profit Corporation Law
- Laws Affected:
- Amd ยงยง1506 & 1507, N-PC L
2011-S5370 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5370 TITLE OF BILL: An act to amend the not-for-profit corporation law, in relation to regulation of cemetery trust funds and finances by the cemetery board PURPOSE OR GENERAL IDEA OF BILL: This bill would modernize and streamline provisions of the Not-for-Profit Corporation Law to provide clear regulatory guidance to the New York State Cemetery Board in approvals of cemetery transactions and financial oversight. The State Cemetery Board is composed of the Secretary of State, Attorney General and Commissioner of Health or their designees. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends paragraph (a) of Section 1506 of Not-for-Profit Corporation Law to grant authority for the approval of the purchase of cemetery land to the State Cemetery Board. It eliminates the unnecessary and duplicative step of having this approval signed off on by the local Supreme Court after the State Cemetery Board has approved the transaction. Paragraph (i) of Section 1506 of Not-for-Profit Corporation Law to give the State Cemetery Board authority to approve the sale or disposition of cemetery lands.
2011-S5370 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5370 2011-2012 Regular Sessions I N S E N A T E May 13, 2011 ___________ Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Author- ities and Commissions AN ACT to amend the not-for-profit corporation law, in relation to regu- lation of cemetery trust funds and finances by the cemetery board THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a) and (i) of section 1506 of the not-for-pro- fit corporation law, paragraph (a) as added by chapter 871 of the laws of 1977 and paragraph (i) as amended by chapter 292 of the laws of 1999, are amended to read as follows: (a) Purchase of land; notice to CEMETERY board [and court approval]. No cemetery corporation, in purchasing real property hereafter, shall pay or agree to pay more than the fair and reasonable market value ther- eof. The terms of the purchase, including the price to be paid and the method of payment, shall be subject[, upon notice] to NOTICE AND APPROVAL OF the cemetery board[, to approval by the supreme court in a district where any portion of the land is located]. In determining the fair and reasonable market value, the [court] CEMETERY BOARD may take into consideration the method by which the purchase price is to be paid. (i) Sale or disposition of cemetery lands. (1) No cemetery corporation may sell or dispose of the fee of all or any part of its lands dedicated to cemetery use, unless it shall prove to the satisfaction of the [supreme court in the district where any portion of the cemetery lands is located] CEMETERY BOARD, either: (A) that all bodies have been removed from each and every part of the cemetery, that all the lots in the entire cemetery have been reconveyed to the corporation and are not used for burial purposes, and that it has no debts and liabilities, or (B) that the land to be sold or disposed of is not used or is not phys- ically adaptable for burial purposes and that the sale or disposition will benefit the cemetery corporation and the owners of plots and graves EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11001-01-1
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