senate Bill S7105

Signed by Governor

Allows cemeteries in Nassau county to acquire and utilize certain lands for cemetery purposes

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 28 / Apr / 2014
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 12 / May / 2014
    • 1ST REPORT CAL.612
  • 13 / May / 2014
    • 2ND REPORT CAL.
  • 14 / May / 2014
    • ADVANCED TO THIRD READING
  • 19 / May / 2014
    • PASSED SENATE
  • 19 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 19 / May / 2014
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 18 / Jun / 2014
    • SUBSTITUTED FOR A9457
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.407
  • 18 / Jun / 2014
    • PASSED ASSEMBLY
  • 18 / Jun / 2014
    • RETURNED TO SENATE
  • 11 / Sep / 2014
    • DELIVERED TO GOVERNOR
  • 23 / Sep / 2014
    • SIGNED CHAP.392

Summary

Allows cemeteries in Nassau county to acquire and utilize certain lands for cemetery purposes.

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Bill Details

See Assembly Version of this Bill:
A9457
Versions:
S7105
Legislative Cycle:
2013-2014
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd ยง1506, N-PC L

Sponsor Memo

BILL NUMBER:S7105

TITLE OF BILL: An act to amend the not-for-profit corporation law, in
relation to allowing cemeteries in Nassau county to acquire and
utilize certain lands for cemetery purposes

PURPOSE: This bill will allow cemeteries in Nassau County to acquire
and utilize certain lands for cemetery purposes.

SUMMARY OF PROVISIONS: Subparagraph 2 of paragraph (e) of section 1506
of the not-for-profit corporation law, as added by chapter 871 of the
laws of 1977 is amended to allow cemeteries in Nassau County to
acquire and utilize certain lands for cemetery purposes provided that
the use of such lands is consented to by the Nassau County
Legislature.

JUSTIFICATION: The Locust Valley Cemetery Association is a
not-for-profit cemetery corporation that maintains and operates a
non-sectarian cemetery of approximately 31 acres in the Village of
Lattingtown.

Currently the Association only has roughly 3/5 acres of undeveloped
land. At the current rate of grave sales, it is expected that the
cemetery will be fully developed with no graves to sell by 2026. It is
critical that when the cemetery is completely developed and all grave
sites are sold that the Association have an endowment of sufficient
size to pay for upkeep and maintenance of the property.

In 2012, the Association entered into a contract to purchase an
adjacent 2 acre parcel. After receiving the required approvals by the
Village and County Legislature, the association was advised by the
Division of Cemeteries that Section 1506 (e) of the Not-For-Profit
Corporation Law prohibits cemeteries in Nassau County from acquiring
additional land for cemetery purposes.

The Division of Cemeteries granted approval to the association for the
purchase, provided that the property must be held unused until the law
is changed to permit Nassau County Cemeteries to acquire land for
cemetery purposes. This legislation accomplishes that goal.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7105

                            I N  S E N A T E

                             April 28, 2014
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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
  allowing  cemeteries  in  Nassau county to acquire and utilize certain
  lands for cemetery purposes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subparagraph  2  of  paragraph (e) of section 1506 of the
not-for-profit corporation law, as added by chapter 871 of the  laws  of
1977, is amended to read as follows:
  (2)   The provisions of this [subdivision] PARAGRAPH shall not operate
to prevent any such cemetery corporation located in Nassau  county  from
using  for  burial  purposes  contiguous or adjacent land acquired by it
[prior to January first, nineteen hundred forty-eight provided that such
acquisition shall have consisted of less than five acres, and]  provided
[further]  that such use shall be consented to by the [board of supervi-
sors] NASSAU COUNTY LEGISLATURE.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14731-03-4

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