assembly Bill A7610A

2013-2014 Legislative Session

Relates to the reacquisition of abandoned cemetery plots by a Catholic religious cemetary corporation

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to corporations, authorities and commissions
Jun 17, 2013 print number 7610a
Jun 17, 2013 amend and recommit to corporations, authorities and commissions
May 28, 2013 referred to corporations, authorities and commissions

A7610 - Details

See Senate Version of this Bill:
S5831
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Religious Corporations Law
Laws Affected:
Add §93, Rel Corp L
Versions Introduced in 2015-2016 Legislative Session:
A1248

A7610 - Summary

Relates to the reacquisition of abandoned cemetery plots by religious cemetery corporations.

A7610 - Bill Text download pdf

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

                                  7610

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 28, 2013
                               ___________

Introduced  by  M. of A. FAHY -- read once and referred to the Committee
  on Corporations, Authorities and Commissions

AN ACT to amend the religious corporations law, in relation to the reac-
  quisition of abandoned cemetery plots

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

  Section  1.  The religious corporations law is amended by adding a new
section 8-a to read as follows:
  S 8-A. REACQUISITION OF A LOT, PLOT OR PART THEREOF BY A  CEMETERY.  A
RELIGIOUS  CEMETERY  CORPORATION MAY, UPON APPLICATION AND APPROVAL BY A
SUPREME COURT, REACQUIRE, RESUBDIVIDE, AND RESELL A LOT,  PLOT  OR  PART
THEREOF UNDER THE FOLLOWING CIRCUMSTANCES:
  (A)(I)  IF  THE  RECORDS  OF THE CORPORATION DEMONSTRATE THAT THE LOT,
PLOT OR PART THEREOF WAS PURCHASED MORE THAN SEVENTY-FIVE YEARS PRIOR TO
THE APPLICATION OF THE CORPORATION; AND (II) IF  NO  BURIALS  HAVE  BEEN
MADE  IN  THE  LOT,  PLOT OR PART THEREOF OR ALL THE BODIES THEREIN HAVE
BEEN LAWFULLY REMOVED; AND (III) IF NEITHER THE OWNER OR OWNERS  OF  THE
LOT,  PLOT  OR  PART  THEREOF  NOR ANY PERSON HAVING A CREDIBLE CLAIM TO
OWNERSHIP WHO HAS VISITED, MADE PAYMENTS IN RESPECT OF OR ENGAGED IN ANY
OTHER PROPRIETARY ACTIVITIES WITH RESPECT TO THE LOT, PLOT OR PART THER-
EOF CAN BE IDENTIFIED AFTER A REASONABLE SEARCH CONDUCTED BY  THE  RELI-
GIOUS  CEMETERY  CORPORATION, IT SHALL BE CONCLUSIVELY PRESUMED THAT THE
OWNER OR OWNERS OF THE LOT, PLOT OR PART THEREOF  HAVE  ABANDONED  THEIR
BURIAL  RIGHTS.  A  REASONABLE  SEARCH  CONSISTS OF A SEARCH OF: (1) ALL
CEMETERY RECORDS TO DETERMINE THE NAME OF THE OWNER  OR  OWNERS  OF  THE
LOT,  PLOT  OR PART THEREOF, THEIR LAST KNOWN ADDRESSES AND ALL INFORMA-
TION AVAILABLE TO THE CEMETERY RELATING TO ANY PERSON BURIED IN THE LOT,
PLOT OR PART THEREOF AND THE NAMES  AND  LAST  KNOWN  ADDRESSES  OF  ANY
PERSONS  MAKING INQUIRY ABOUT OR VISITING THE LOT, PLOT OR PART THEREOF;
(2) A SEARCH FOR THE DEATH CERTIFICATES AND THE PROBATED  WILLS  OF  THE
OWNER  OR  OWNERS  OF  THE LOT, PLOT OR PART THEREOF; (3) THE POSTING OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11162-01-3

A7610A (ACTIVE) - Details

See Senate Version of this Bill:
S5831
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Religious Corporations Law
Laws Affected:
Add §93, Rel Corp L
Versions Introduced in 2015-2016 Legislative Session:
A1248

A7610A (ACTIVE) - Summary

Relates to the reacquisition of abandoned cemetery plots by religious cemetery corporations.

A7610A (ACTIVE) - Bill Text download pdf

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

                                 7610--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 28, 2013
                               ___________

Introduced  by  M. of A. FAHY -- read once and referred to the Committee
  on Corporations, Authorities and Commissions -- committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the religious corporations law, in relation to the reac-
  quisition of abandoned cemetery plots

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

  Section  1.  The religious corporations law is amended by adding a new
section 93 to read as follows:
  S 93. REACQUISITION OF A LOT, PLOT OR PART THEREOF BY A CATHOLIC RELI-
GIOUS CEMETERY CORPORATION.  A CATHOLIC RELIGIOUS  CEMETERY  CORPORATION
MAY, UPON APPLICATION AND APPROVAL BY A SUPREME COURT, REACQUIRE, RESUB-
DIVIDE,  AND  RESELL  A  LOT,  PLOT  OR PART THEREOF UNDER THE FOLLOWING
CIRCUMSTANCES:
  (A)(I) IF THE RECORDS OF THE CORPORATION  DEMONSTRATE  THAT  THE  LOT,
PLOT OR PART THEREOF WAS PURCHASED MORE THAN SEVENTY-FIVE YEARS PRIOR TO
THE  APPLICATION  OF  THE  CORPORATION; AND (II) IF NO BURIALS HAVE BEEN
MADE IN THE LOT, PLOT OR PART THEREOF OR ALL  THE  BODIES  THEREIN  HAVE
BEEN  LAWFULLY  REMOVED; AND (III) IF NEITHER THE OWNER OR OWNERS OF THE
LOT, PLOT OR PART THEREOF NOR ANY PERSON  HAVING  A  CREDIBLE  CLAIM  TO
OWNERSHIP WHO HAS VISITED, MADE PAYMENTS IN RESPECT OF OR ENGAGED IN ANY
OTHER PROPRIETARY ACTIVITIES WITH RESPECT TO THE LOT, PLOT OR PART THER-
EOF CAN BE IDENTIFIED AFTER A REASONABLE SEARCH CONDUCTED BY THE CATHOL-
IC  RELIGIOUS  CEMETERY  CORPORATION,  IT SHALL BE CONCLUSIVELY PRESUMED
THAT THE OWNER OR OWNERS OF THE LOT, PLOT OR PART THEREOF HAVE ABANDONED
THEIR BURIAL RIGHTS. A REASONABLE SEARCH CONSISTS OF A  SEARCH  OF:  (1)
ALL CEMETERY RECORDS TO DETERMINE THE NAME OF THE OWNER OR OWNERS OF THE
LOT,  PLOT  OR PART THEREOF, THEIR LAST KNOWN ADDRESSES AND ALL INFORMA-
TION AVAILABLE TO THE CEMETERY RELATING TO ANY PERSON BURIED IN THE LOT,
PLOT OR PART THEREOF AND THE NAMES  AND  LAST  KNOWN  ADDRESSES  OF  ANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11162-02-3