Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 08, 2010 |
referred to corporations, authorities and commissions delivered to assembly passed senate |
Mar 02, 2010 |
advanced to third reading |
Mar 01, 2010 |
2nd report cal. |
Feb 24, 2010 |
1st report cal.176 |
Jan 06, 2010 |
referred to corporations, authorities and commissions |
Jun 01, 2009 |
referred to corporations, authorities and commissions |
Senate Bill S5726
2009-2010 Legislative Session
Sponsored By
(D) 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
co-Sponsors
(D, WF) Senate District
2009-S5726 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7490
- Current Committee:
- Assembly Corporations, Authorities And Commissions
- Law Section:
- Not-for-Profit Corporation Law
- Laws Affected:
- Amd ยงยง1502 & 1513-a, N-PC L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S3313, A3027
2013-2014: A2169
2015-2016: A1299
2017-2018: A4610
2009-S5726 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5726 TITLE OF BILL : An act to amend the not-for-profit corporation law, in relation to the reacquisition of a lot, plot, or part thereof owned by a burial society or by a cemetery corporation; and in relation to the definition of a burial society PURPOSE : Authorizes a cemetery corporation, under certain circumstances, upon application to and approval by the cemetery board, to reacquire, resubdivide and resell lots, plots or parts thereof owned by defunct burial societies and associations. SUMMARY OF PROVISIONS : Section 1502 of the Not-For-Profit Corporation Law is amended by adding a new paragraph h, defining "burial society"; Section 1513-a(d) is amended to require cemeteries reacquiring abandoned society graves to establish a perpetual care fund account to be used exclusively for the maintenance of the grounds on which the graves are reacquired; Section 1513-a is amended by adding new paragraphs (i), (j), (k), (1) and (m) enabling cemetery corporations to reacquire abandoned lots, plots or parts thereof from defunct burial societies and associations, and thereby, allow for the continued welfare of the not-for-profit corporations. Exempts incorporated or unincorporated religious
2009-S5726 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5726 2009-2010 Regular Sessions I N S E N A T E June 1, 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 not-for-profit corporation law, in relation to the reacquisition of a lot, plot, or part thereof owned by a burial socie- ty or by a cemetery corporation; and in relation to the definition of a burial society THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1502 of the not-for-profit corporation law is amended by adding a new paragraph (q) to read as follows: (Q) THE TERM "BURIAL SOCIETY" MEANS A CORPORATION OR UNINCORPORATED ASSOCIATION OR SOCIETY HAVING AMONG ITS ACTIVITIES OR ITS FORMER ACTIV- ITIES THE PROVISION OF BURIAL BENEFITS FOR ITS MEMBERS. S 2. Paragraphs (d) and (f) of section 1513-a of the not-for-profit corporation law, as added by chapter 478 of the laws of 2003, are amended and four new paragraphs (i), (j), (k) and (l) are added to read as follows: (d) Upon the sale of a lot, plot or part thereof reacquired by the corporation under the provisions of paragraph (a), (b), or (c) of this section, thirty-five percent of the net proceeds shall be placed in the permanent maintenance fund and sixty-five percent shall be placed in the current maintenance fund. PROVIDED, HOWEVER, THAT IF THEIR PROPERTY WAS REACQUIRED UNDER PARAGRAPH (I) OF THIS SECTION, TEN PERCENT OF THE NET PROCEEDS SHALL BE PLACED IN THE PERMANENT MAINTENANCE FUND, FIFTY-SEVEN PERCENT SHALL BE PLACED IN THE CURRENT MAINTENANCE FUND AND THIRTY-THREE PERCENT SHALL BE PLACED IN A PERPETUAL CARE FUND WHICH THE CEMETERY SHALL ESTABLISH IN THE NAME OF THE DEFUNCT SOCIETY FOR THE EXCLUSIVE PURPOSE OF MAINTENANCE OF THE GROUNDS ON WHICH THE GRAVES WERE REAC- QUIRED. IF, HOWEVER THE NUMBER OF GRAVES RECLAIMED BY THE CEMETERY IS LESS THAN ONE HUNDRED, FROM ANY ONE BURIAL SOCIETY THEN THIRTY-FIVE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10650-04-9
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