senate Bill S5370

2011-2012 Legislative Session

Relates to the regulation of cemetery trust funds and finances by the cemetery board

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (16)
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

Votes

view votes

Feb 13, 2012 - Corporations, Authorities and Commissions committee Vote

S5370
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Corporations, Authorities and Commissions committee vote details

Corporations, Authorities and Commissions Committee Vote: Feb 13, 2012

Jun 6, 2011 - Corporations, Authorities and Commissions committee Vote

S5370
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Corporations, Authorities and Commissions committee vote details

Corporations, Authorities and Commissions Committee Vote: Jun 6, 2011

S5370 - Details

See Assembly Version of this Bill:
A7418
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd ยงยง1506 & 1507, N-PC L

S5370 - Summary

Relates to the regulation of cemetery trust funds and finances by the cemetery board.

S5370 - Sponsor Memo

S5370 - 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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