Assembly Bill A7416A

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

                                  7416

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN ACT to amend the not-for-profit corporation law, the  penal  law  and
  the  state  finance  law,  in  relation  to  cemetery  restoration and
  protection; and to repeal certain  provisions  of  the  not-for-profit
  corporation law and the state finance law relating thereto

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

  Section 1. Sections 1507-a and 1510-a  of  the  not-for-profit  corpo-
ration law are REPEALED and two new sections 1507-a and 1507-b are added
to read as follows:
S 1507-A. CEMETERY RESTORATION AND PROTECTION FUND.
  (A)  ESTABLISHMENT  OF  THE  FUND.  THERE IS HEREBY ESTABLISHED IN THE
CUSTODY OF THE CEMETERY BOARD A SPECIAL FUND TO BE KNOWN  AS  THE  STATE
CEMETERY RESTORATION AND PROTECTION FUND. SUCH FUND SHALL CONSIST OF ALL
REVENUES  RECEIVED FROM THE ASSESSMENT PURSUANT TO PARAGRAPH (B) OF THIS
SECTION AND ALL OTHER MONEYS CREDITED OR TRANSFERRED  THERETO  FROM  ANY
OTHER  FUND  OR  SOURCE  PURSUANT TO LAW. MONEYS OF THE FUND MAY ONLY BE
EXPENDED FOR THE PURPOSES PROVIDED IN THIS SECTION. MONEYS SHALL BE PAID
OUT OF THE FUND ON THE AUDIT AND WARRANT OF THE CEMETERY BOARD ON VOUCH-
ERS CERTIFIED OR APPROVED BY A MAJORITY  VOTE  OF  THE  CEMETERY  BOARD.
SUCH  FUND  SHALL BE UTILIZED SOLELY FOR THE PURPOSES UNDER WHICH IT WAS
CREATED. AN ANNUAL REPORT TO THE STATE COMPTROLLER SHALL BE PROVIDED  BY
THE  CEMETERY  BOARD  NO  MORE  THAN SIXTY DAYS FOLLOWING THE END OF THE
PREVIOUS FISCAL YEAR, WHICH DETAILS THE FUNDS RECEIVED AND EXPENDED  FOR
SUCH  FISCAL YEAR. ANY INVASION OF THE FUND BY ANY ENTITY OTHER THAN THE
CEMETERY BOARD PURSUANT TO THE APPLICATIONS SET FORTH  IN  THIS  SECTION
SHALL  BE IMMEDIATELY REFERRED TO THE ATTORNEY GENERAL OR, AT HIS OR HER
DISCRETION, AN INDEPENDENT PROSECUTOR APPOINTED BY THE ATTORNEY  GENERAL
FOR PROSECUTION OF SUCH OFFENSE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10995-01-1

              

A. 7416                             2

  (B)  VANDALISM,  ABANDONMENT  AND  MONUMENT REPAIR OR REMOVAL CONTRIB-
UTIONS.  (1) ALL CEMETERIES REGULATED UNDER THIS ARTICLE SHALL  CONTRIB-
UTE  TO  A  DEDICATED  FUND  CREATED  PURSUANT  TO PARAGRAPH (A) OF THIS
SECTION FOR THE RESTORATION OF PROPERTY DAMAGED BY ACTS OF VANDALISM AND
FOR  THE MAINTENANCE OF ABANDONED CEMETERIES, INCLUDING THE CONSTRUCTION
OF CEMETERY FENCES, REPAIR OF ROADWAYS, PURCHASE OF  MAINTENANCE  EQUIP-
MENT,  REPAIR  OF  A  RECEIVING  VAULT, PLACEMENT OF CEMETERY LIGHTS AND
REPLACEMENT OF CEMETERY DOORS AND LOCKS AND FOR THE REPAIR OR REMOVAL OF
MONUMENTS OR OTHER MARKERS NOT OWNED BY THE  CEMETERY  CORPORATION  THAT
HAVE  FALLEN  INTO DISREPAIR OR DILAPIDATION SO AS TO CREATE A DANGEROUS
CONDITION. SUCH FUND SHALL BE ADMINISTERED IN ACCORDANCE WITH  PARAGRAPH
(A) OF THIS SECTION BY A BOARD OF TRUSTEES COMPRISED OF THE SECRETARY OF
STATE,  THE  ATTORNEY  GENERAL  AND THE COMMISSIONER OF HEALTH, OR THEIR
DESIGNEES, WHO SHALL SERVE WITHOUT ADDITIONAL COMPENSATION.
  (2) THE FUND SHALL BE FINANCED BY CONTRIBUTIONS BY THE CEMETERY CORPO-
RATIONS OF NOT MORE THAN FIFTEEN DOLLARS PER INTERMENT OR CREMATION IN A
MANNER TO BE DETERMINED BY THE CEMETERY BOARD. NO CONTRIBUTIONS SHALL BE
COLLECTED UPON THE INTERMENT OF  THE  CREMATED  REMAINS  OF  A  DECEASED
PERSON WHERE A CONTRIBUTION WAS COLLECTED AT THE TIME OF CREMATION.
  (C)  APPROVAL  OF  PAYMENTS.  AUTHORIZATION FOR PAYMENTS FROM THE FUND
CREATED UNDER THIS SECTION FOR  MAINTENANCE  OF  AN  ABANDONED  CEMETERY
SHALL  BE MADE BY THE CEMETERY BOARD ONLY UPON AN APPLICATION BY A MUNI-
CIPALITY OR OTHER SOLVENT NOT-FOR-PROFIT CEMETERY CORPORATION  FOR  FAIR
AND REASONABLE EXPENSES REQUIRED TO BE MADE BY THE MUNICIPALITY OR OTHER
SOLVENT  NOT-FOR-PROFIT CEMETERY CORPORATION FOR MAINTENANCE OF AN ABAN-
DONED CEMETERY; PROVIDED, HOWEVER, THAT THE  CEMETERY  BOARD  SHALL  NOT
APPROVE  ANY  SUCH  APPLICATION UNLESS THE MUNICIPALITY OR OTHER SOLVENT
NOT-FOR-PROFIT CEMETERY CORPORATION ACKNOWLEDGES THAT THE RESPONSIBILITY
FOR RESTORATION AND FUTURE CARE, PRESERVATION AND  MAINTENANCE  OF  SUCH
CEMETERY  HAS BEEN ASSUMED BY THE MUNICIPALITY OR OTHER SOLVENT NOT-FOR-
PROFIT CEMETERY CORPORATION. FOR THE PURPOSES OF  THIS  PARAGRAPH,  SUCH
CEMETERY SHALL ALWAYS BE DEEMED AN ABANDONED CEMETERY.
  (D)  DISTRIBUTION  OF PAYMENTS. AUTHORIZATION FOR PAYMENTS BY THE FUND
CREATED UNDER THIS SECTION FOR THE REPAIR OF DAMAGE CAUSED  BY  ACTS  OF
VANDALISM  SHALL  BE  MADE  BY MAJORITY VOTE OF THE CEMETERY BOARD WHICH
SHALL DETERMINE: (1) THAT AN ACT OF VANDALISM TO THE EXTENT DESCRIBED BY
THE CEMETERY CORPORATION DID TAKE  PLACE;  (2)  THAT  EITHER  A  WRITTEN
REPORT  OF  THE  VANDALISM  WAS FILED WITH THE LOCAL POLICE OR SHERIFF'S
DEPARTMENT OR THAT THE CEMETERY, UPON CONSENT OF THE  DIVISION,  MADE  A
DETERMINATION  NOT TO FILE THE REPORT BECAUSE THE PUBLICITY GENERATED BY
FILING THE REPORT WOULD HAVE ADVERSE CONSEQUENCES FOR THE CEMETERY;  (3)
THAT  THE COST OF REPAIRS IS FAIR AND REASONABLE; AND (4) THAT THE CEME-
TERY CORPORATION HAS NOT BEEN ABLE TO OBTAIN FUNDS FROM THE  LOT  OWNER,
HIS  SPOUSE,  DEVISEES OR DESCENDANTS WITHIN A REASONABLE PERIOD OF TIME
NOR ARE THERE ADEQUATE FUNDS  IN  THE  CEMETERY  CORPORATION'S  MONUMENT
MAINTENANCE FUND, IF SUCH A FUND HAS BEEN ESTABLISHED BY THE CEMETERY.
  (E)  DILAPIDATION  AND  MONUMENT ISSUES. AUTHORIZATION FOR PAYMENTS BY
THE FUND CREATED UNDER THIS SECTION FOR THE REPAIR OR REMOVAL  OF  MONU-
MENTS  OR  OTHER  MARKERS NOT OWNED BY THE CEMETERY CORPORATION SHALL BE
MADE BY THE CEMETERY BOARD ONLY UPON APPLICATION BY THE CEMETERY  CORPO-
RATION  SHOWING:  (1)  THAT THE MONUMENTS OR MARKERS ARE SO BADLY OUT OF
REPAIR OR DILAPIDATED AS TO CREATE A DANGEROUS CONDITION; (2)  THAT  THE
COST  OF  REMEDYING  THE  CONDITION IS FAIR AND REASONABLE; (3) THAT THE
CEMETERY CORPORATION HAS GIVEN NOT LESS THAN SIXTY DAYS  NOTICE  TO  THE
LAST  KNOWN  OWNER  TO REPAIR OR REMOVE THE MONUMENT OR OTHER MARKER AND

A. 7416                             3

THE SAID OWNER HAS FAILED TO DO SO WITHIN THE TIME  PRESCRIBED  IN  SAID
NOTICE.
  (F)  THE  CEMETERY  BOARD SHALL PROMULGATE RULES DEFINING STANDARDS OF
MAINTENANCE, AS WELL AS WHAT TYPE OF VANDALISM OR OUT OF REPAIR OR DILA-
PIDATED MONUMENTS OR OTHER MARKERS SHALL QUALIFY FOR PAYMENT  OF  REPAIR
OR  REMOVAL  BY  THE  FUND CREATED UNDER THIS SECTION AND THE METHOD AND
AMOUNT OF PAYMENT OF CONTRIBUTIONS DESCRIBED IN THIS SECTION.
  (G) NOTHING CONTAINED IN THIS SECTION IS TO BE CONSTRUED AS  GIVING  A
CEMETERY CORPORATION AN INSURABLE INTEREST IN MONUMENTS OR OTHER EMBELL-
ISHMENTS  ON  A PLOT, LOT OR PART THEREOF, NOR IS IT MEANT TO IMPLY THAT
THE CEMETERY CORPORATION HAS ANY  RESPONSIBILITY  FOR  REPAIRING  DAMAGE
CAUSED BY ACTS OF VANDALISM NOT COVERED BY THIS FUND OR FOR REPAIRING OR
REMOVING  OUT  OF  REPAIR  OR DILAPIDATED MONUMENTS OR OTHER MARKERS NOT
OWNED BY THE CEMETERY CORPORATION, NOR SHALL IT CONSTITUTE THE DOING  OF
AN INSURANCE BUSINESS.
S 1507-B. CORRECTION OF DANGEROUS CONDITIONS AND DAMAGE.
  (A)  REMOVAL  OR  CORRECTION OF DANGEROUS CONDITIONS IN CEMETERY LOTS.
ANY PLANT LIFE, FENCING, EMBELLISHMENT OR STRUCTURE OTHER THAN A  MAUSO-
LEUM,  MONUMENT OR MOUND IN A LOT, PLOT OR PART THEREOF WHICH BECOMES SO
WORN, NEGLECTED, BROKEN OR DETERIORATED THAT ITS CONTINUED EXISTENCE  IS
A  DANGER  TO  PERSONS  OR  PROPERTY  WITHIN THE CEMETERY GROUNDS MAY BE
REMOVED, REPAIRED OR CORRECTED BY THE CEMETERY CORPORATION  AT  ITS  OWN
COST  AND  EXPENSE,  PROVIDED  IT FIRST GIVES NOT LESS THAN FIFTEEN DAYS
NOTICE BY REGISTERED OR CERTIFIED MAIL TO THE LAST KNOWN  OWNER  AT  HIS
LAST  KNOWN  ADDRESS  TO REPAIR OR REMOVE SUCH OBJECT AND THE SAID OWNER
FAILS TO REPAIR OR REMOVE THE OBJECT WITHIN THE TIME  PROVIDED  IN  SAID
NOTICE.  IN THE EVENT OF SUCH REMOVAL, CORRECTION OR REPAIR BY THE CEME-
TERY CORPORATION IT SHALL, WITHIN TWENTY DAYS THEREAFTER, NOTIFY THE LOT
OWNER, BY REGISTERED OR CERTIFIED MAIL ADDRESSED  TO  HIM  AT  HIS  LAST
KNOWN  ADDRESS, OF THE ACTION TAKEN BY THE CEMETERY CORPORATION. NOTHING
HEREIN CONTAINED SHALL BE CONSTRUED TO AFFECT, SUPERSEDE OR  IMPAIR  ANY
CONTRACT,  RULE  OR  REGULATION  DULY APPROVED BY THE CEMETERY BOARD, OR
RIGHT OR OBLIGATION  OF  THE  CEMETERY  CORPORATION,  NOR  SHALL  IT  BE
CONSTRUED  AS PLACING ANY LEGAL DUTY OR OBLIGATION TO EXERCISE ANY RIGHT
AUTHORIZED BY THIS PARAGRAPH.
  (B)  REPAIR OR NOTICE AS TO NON-DANGEROUS DAMAGE OR DEFACEMENT. EXCEPT
AS OTHERWISE PROVIDED BY RULE OR REGULATION OF THE CEMETERY BOARD PURSU-
ANT TO SUBPARAGRAPH TWO-A OF PARAGRAPH (C) OF  SECTION  FIFTEEN  HUNDRED
FOUR  OF  THIS  ARTICLE,  IN  THE  EVENT  A LOT, PLOT OR PART THEREOF IS
SUBSTANTIALLY DAMAGED OR DEFACED, WHICH DOES  NOT  PRESENT  A  DANGEROUS
CONDITION  TO PERSONS OR PROPERTY, OR IN THE EVENT A MAUSOLEUM, MONUMENT
OR MOUND IN A LOT, PLOT OR PART  THEREOF  IS  SUBSTANTIALLY  DAMAGED  OR
DEFACED,  AND  THE  CORRECTION  OF  SUCH CONDITION IS NOT SUBJECT TO THE
PROVISIONS OF PARAGRAPH (A) OR (E) OF THIS SECTION, THE CEMETERY  CORPO-
RATION  WITHIN THIRTY DAYS OF THE DISCOVERY OF THIS CONDITION MAY AT ITS
OWN COST AND EXPENSE REPAIR THE DAMAGE OR DEFACEMENT, OR  IF  IT  DETER-
MINES  NOT TO DO SO, THE CORPORATION SHALL WITHIN SUCH THIRTY DAY PERIOD
NOTIFY THE OWNER, HIS OR HER DISTRIBUTEE OR THE PERSON FILING AN AFFIDA-
VIT WITH SUCH CORPORATION PURSUANT TO THE PROVISIONS OF PARAGRAPH (E) OF
SECTION FIFTEEN HUNDRED TWELVE OF THIS ARTICLE OF SUCH CONDITION AT  THE
LAST ADDRESS OF SUCH OWNER, DISTRIBUTEE OR PERSON APPEARING ON THE BOOKS
AND  RECORDS OF THE CORPORATION. THE NOTICE SHALL BE SENT BY FIRST CLASS
MAIL AND A CERTIFICATE OF MAILING  SHALL  BE  OBTAINED.  NOTHING  HEREIN
CONTAINED  SHALL  BE  CONSTRUED AS ESTABLISHING ANY RIGHT OF DAMAGES NOT
OTHERWISE PROVIDED BY LAW, RULE OR CONTRACT IN ANY  PERSON  AGAINST  THE

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CEMETERY  CORPORATION  FOR  FAILURE TO REPAIR ANY CONDITION DESCRIBED OR
GIVE NOTICE THEREOF AS PROVIDED FOR IN THIS PARAGRAPH.
  (C) RECORD OF INSCRIPTIONS TO BE FILED. WHENEVER, UNDER ANY GENERAL OR
SPECIAL LAW, ANY CEMETERY IS ABANDONED OR IS TAKEN FOR A PUBLIC USE, THE
TOWN  BOARD  OF THE TOWN OR THE GOVERNING BODY OF THE CITY IN WHICH SUCH
CEMETERY IS LOCATED, SHALL CAUSE TO BE MADE, AT THE TIME OF THE  REMOVAL
OF THE BODIES INTERRED THEREIN, A COPY TO THE FULLEST EXTENT POSSIBLE OF
ALL  INSCRIPTIONS ON EACH HEADSTONE, MONUMENT, SLAB OR MARKER ERECTED ON
EACH LOT OR PLOT IN SUCH CEMETERY AND SHALL CAUSE THE SAME  TO  BE  DULY
CERTIFIED  AND  SHALL FILE ONE COPY THEREOF IN THE OFFICE OF THE TOWN OR
CITY CLERK OF THE TOWN OR CITY IN WHICH SUCH CEMETERY  WAS  LOCATED  AND
ONE  COPY IN THE OFFICE OF THE STATE HISTORIAN AND CHIEF OF THE DIVISION
OF HISTORY IN THE DEPARTMENT OF EDUCATION AT ALBANY. IN ADDITION TO SUCH
INSCRIPTIONS, SUCH CERTIFICATE SHALL STATE THE NAME AND LOCATION OF  THE
CEMETERY  SO  ABANDONED OR TAKEN FOR A PUBLIC USE, THE CEMETERY IN WHICH
EACH SUCH BODY WAS SO INTERRED AND THE DISPOSITION OF  EACH  SUCH  HEAD-
STONE, MONUMENT, SLAB OR MARKER.
  (D)  NOTICE AND RESTORATION AS TO DAMAGE AND DEFACEMENT DUE TO VANDAL-
ISM.  IN THE EVENT A MONUMENT IS DAMAGED OR DEFACED BY AN ACT OF VANDAL-
ISM, THE CEMETERY CORPORATION SHALL, WITHIN THIRTY DAYS OF THE DISCOVERY
OF SUCH DAMAGE, NOTIFY THE OWNER, HIS DISTRIBUTEE OR THE  PERSON  FILING
AN AFFIDAVIT WITH SUCH CORPORATION PURSUANT TO THE PROVISIONS OF SUBPAR-
AGRAPH  ONE  OF  PARAGRAPH (E) OF SECTION FIFTEEN HUNDRED TWELVE OF THIS
ARTICLE OF SUCH DAMAGE IN THE MANNER PROVIDED IN PARAGRAPH (B)  OF  THIS
SECTION.  THE  COST  AND EXPENSE OF SUCH NOTICE MAY BE PROVIDED FROM THE
FUND WHERE SUCH FUND EXISTS. IF A FUND HAS BEEN ESTABLISHED,  THE  CEME-
TERY  CORPORATION SHALL RESTORE THE MONUMENT WITH MONEYS FROM SUCH FUND.
IF SUCH A FUND HAS NOT BEEN ESTABLISHED OR WHERE SUCH FUND IS INADEQUATE
TO RESTORE THE MONUMENT, THE CEMETERY CORPORATION MAY RESTORE SUCH MONU-
MENT AT ITS OWN COST AND EXPENSE.  NOTHING  HEREIN  CONTAINED  SHALL  BE
CONSTRUED AS ESTABLISHING ANY RIGHT OF DAMAGES NOT OTHERWISE PROVIDED BY
LAW, RULE OR CONTRACT IN ANY PERSON AGAINST THE CEMETERY CORPORATION FOR
FAILURE  TO  RESTORE ANY MONUMENT IF NO MONUMENT MAINTENANCE FUND EXISTS
OR IF SUCH FUND IS INADEQUATE TO RESTORE SUCH MONUMENT.
  (E) REPAIR OR REMOVAL OF MONUMENTS. CEMETERY CORPORATIONS  MAY  REPAIR
OR  REMOVE  ANY  MONUMENTS  OR  OTHER  MARKERS NOT OWNED BY THE CEMETERY
CORPORATION THAT HAVE FALLEN INTO DISREPAIR OR  DILAPIDATION  SO  AS  TO
CREATE A DANGEROUS CONDITION, PROVIDED THAT THE CEMETERY CORPORATION HAS
GIVEN NOT LESS THAN SIXTY DAYS NOTICE BY REGISTERED OR CERTIFIED MAIL TO
THE  LAST  KNOWN  OWNER AT THAT PERSON'S LAST KNOWN ADDRESS TO REPAIR OR
REMOVE THE MONUMENT OR OTHER MARKER AND THE SAID OWNER HAS FAILED TO  DO
SO  WITHIN  THE  TIME  PROVIDED  IN  SAID  NOTICE.  SUCH NOTICE SHALL BE
ADDRESSED TO THE LAST KNOWN OWNER AND TO ALL PERSONS HAVING OR  CLAIMING
ANY  INTEREST  IN  OR  TO  THE BURIAL LOT ON WHICH THE MONUMENT OR OTHER
MARKER IS LOCATED. THE TIME FOR REMOVAL SHALL RUN FROM THE DATE OF MAIL-
ING SUCH NOTICE BY REGISTERED OR CERTIFIED MAIL. ANY MONUMENT  OR  OTHER
MARKER THAT IS REMOVED AS PROVIDED FOR IN THIS SECTION SHALL BE REPLACED
WITH  A FLUSH BRONZE OR GRANITE MARKER SUITABLY INSCRIBED IF REPLACEMENT
IS APPROPRIATE FOR IDENTIFICATION  PURPOSES.  NOTHING  CONTAINED  HEREIN
SHALL  BE  CONSTRUED  AS ESTABLISHING ANY RIGHT OF DAMAGES NOT OTHERWISE
PROVIDED BY LAW, RULE OR CONTRACT IN ANY  PERSON  AGAINST  THE  CEMETERY
CORPORATION  FOR  FAILURE TO REPAIR OR REMEDY ANY CONDITION DESCRIBED OR
GIVE NOTICE THEREOF AS PROVIDED FOR IN THIS SECTION.
  S 2. Paragraph (h) of section 1507 of the  not-for-profit  corporation
law is REPEALED.

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  S  3.  Paragraphs (g), (h), (i), (j), (k), (l) and (m) of section 1510
of the not-for-profit corporation law are REPEALED.
  S 4. Section 97-r of the state finance law is REPEALED.
  S  5.  Paragraph (a) of section 1503 of the not-for-profit corporation
law, as separately amended by chapters 579 and 580 of the laws of  2006,
is amended to read as follows:
  (a)  Except  as otherwise provided in paragraph (b) of this section[,]
AND paragraph (c) of section fifteen hundred seven, [and  paragraph  (m)
of  section  fifteen  hundred ten,] this article does not apply to (1) a
religious corporation, (2)  a  municipal  corporation,  (3)  a  cemetery
corporation  owning  a cemetery operated, supervised or controlled by or
in connection with a religious corporation or (4) a  cemetery  belonging
to  a  religious  or a municipal corporation, or operated, supervised or
controlled by or in connection with a religious corporation  unless  any
officer, member or employee of any such corporation shall receive or may
be lawfully entitled to receive any pecuniary profit from the operations
thereof,  other  than  reasonable compensation for services in effecting
one or more of the purposes of such corporation or as  proper  benefici-
aries  of its strictly charitable purposes or unless the organization of
any such corporation for any of  its  avowed  purposes  be  a  guise  or
pretense  for  directly  or indirectly making any other pecuniary profit
for such corporation, or for any of its officers, members or  employees,
and  unless  any  such  corporation  is not, in good faith, organized or
conducted exclusively for one or more of its stated purposes.
  S 6. Subparagraphs 2-a and 2-b of paragraph (c) of section 1504 of the
not-for-profit corporation law, subparagraph 2-a as amended and subpara-
graph 2-b as added by chapter 565 of the laws of 1980,  are  amended  to
read as follows:
  (2-a)  To adopt reasonable rules and regulations to exempt those ceme-
tery  corporations from the provisions of paragraph [(h)] (B) of section
fifteen hundred [ten] SEVEN-B of this chapter which because of a limited
number of paid employees or appropriate resources are  unable  to  carry
out  such provisions. (2-b) To adopt reasonable rules and regulations to
extend the time period mandated by the provisions of paragraph [(h)] (B)
of section fifteen hundred [ten] SEVEN-B of this chapter when  necessary
because  compliance by a cemetery corporation within such time period is
impossible.
  S 7. Paragraphs (b) and (d) of section 1506-c  of  the  not-for-profit
corporation  law,  as  added  by  chapter  363  of the laws of 2009, are
amended to read as follows:
  (b) A cemetery corporation assuming management and maintenance  of  an
abandoned  cemetery  shall make application for funds pursuant to [para-
graph (h) of section fifteen hundred seven of this article  and  section
ninety-seven-r  of  the  state  finance  law]  THE PROVISIONS OF SECTION
FIFTEEN HUNDRED SEVEN-A OF THIS ARTICLE  for  maintenance  of  abandoned
cemeteries.  Within sixty days of submission of a completed application,
the cemetery board shall approve or deny such application.
  (d) Any residual funds disbursed to a cemetery corporation  after  the
maintenance of an abandoned cemetery has been performed must be returned
to  the cemetery board for redeposit into the state cemetery [vandalism]
restoration[,  monument  repair  or  removal  and  administration]   AND
PROTECTION  fund  established  by  [section  ninety-seven-r of the state
finance law] PARAGRAPH (A) OF SECTION FIFTEEN HUNDRED  SEVEN-A  OF  THIS
ARTICLE.
  S  8.  Subdivision  7  of  section 80.00 of the penal law, as added by
chapter 165 of the laws of 1997, is amended to read as follows:

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  7. When the court imposes a fine pursuant to section 145.22 or  145.23
of this chapter, the court shall direct that no less than ten percent of
such fine be credited to the state cemetery [vandalism] restoration [and
administration]  AND  PROTECTION fund created pursuant to [section nine-
ty-seven-r  of  the  state finance law] PARAGRAPH (A) OF SECTION FIFTEEN
HUNDRED SEVEN-A OF THE NOT-FOR-PROFIT CORPORATION LAW.
  S 9. Subdivision 4 of section 97-y of the state finance law, as  added
by section 2 of part B of chapter 411 of the laws of 1999, is amended to
read as follows:
  4. Notwithstanding any other provisions of this section to the contra-
ry,  moneys  deposited pursuant to [sections ninety-seven-r and] SECTION
ninety-seven-nn of this article shall be available to the department  of
state for the purposes set forth in such [sections] SECTION.
  S 10. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.