S T A T E   O F   N E W   Y O R K
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                                  5410

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 30, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

AN  ACT to amend the religious corporations law, in relation to the sale
  of monuments and memorials

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

  Section  1.  The fourth and fifth undesignated paragraphs of section 7
of the religious corporations law, as added by chapter 560 of  the  laws
of 1998, are amended to read as follows:
  No  religious  corporation  owning, managing or controlling a cemetery
shall, directly or indirectly:
  (a) sell, or have, enter into or perform a lease of any  of  its  real
property dedicated to cemetery purposes or adjacent thereto to a funeral
entity, or use any of its property for locating a funeral entity;
  (b) commingle its funds with a funeral entity;
  (c) direct or carry on its cemetery related business or affairs with a
funeral entity;
  (d) authorize control of its cemetery related business or affairs by a
funeral entity;
  (e)  engage in any sale or cross-marketing of goods or services with a
funeral entity;
  (f) have, enter into or perform a management or service  contract  for
cemetery operations with a funeral entity; [or]
  (g)  have, enter into or perform a management contract with any entity
other than a not-for-profit cemetery or religious corporation[.];
  (H) ENGAGE IN THE SALE OF MONUMENTS, MEMORIALS, GRAVESTONES  OR  MARK-
ERS,  NOT  INCLUDING  FLUSH  BRONZE  MARKERS,  NOR  SHALL  SUCH ITEMS BE
DISPLAYED FOR SALE ON THE PROPERTY OF A RELIGIOUS  CORPORATION,  WHETHER
SUCH PROPERTY IS LOCATED ON CEMETERY GROUNDS OR ELSEWHERE; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11306-01-9

              

S. 5410                             2

  (I) AUTHORIZE OR PERMIT ANY EMPLOYEE OR TRUSTEE OR DIRECTOR THEREOF TO
ADVERTISE  OR OTHERWISE MAKE KNOWN HIS OR HER RELATIONSHIP TO SUCH RELI-
GIOUS CORPORATION OR CEMETERY IF SUCH PERSON IS ENGAGED IN THE  SALE  OF
MONUMENTS, MEMORIALS, GRAVESTONES OR MARKERS, NOT INCLUDING FLUSH BRONZE
MARKERS  OUTSIDE  OF  HIS  OR  HER EMPLOYMENT BY OR AFFILIATION WITH THE
RELIGIOUS CORPORATION OR THE CEMETERY.
  Only the provisions of subparagraphs (a) [and], (b), (H)  AND  (I)  of
the previous paragraph shall apply to religious corporations with thirty
acres  or less of real property dedicated to cemetery purposes, and only
to the extent the sale or lease is of real property dedicated  to  ceme-
tery  purposes,  and  such  cemeteries  shall  not engage in the sale of
funeral home goods or services, except if such goods  and  services  are
otherwise permitted to be sold by cemeteries.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.