senate Bill S4323

2013-2014 Legislative Session

Provides for the administration of the state cemetery vandalism restoration, monument repair or removal and administration fund by the state cemetery board

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Archive: Last Bill Status - Vetoed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 31, 2013 vetoed memo.207
Jul 19, 2013 delivered to governor
Jun 21, 2013 returned to senate
passed assembly
ordered to third reading rules cal.620
substituted for a3182a
May 20, 2013 referred to corporations, authorities and commissions
delivered to assembly
passed senate
May 08, 2013 advanced to third reading
May 07, 2013 2nd report cal.
May 06, 2013 1st report cal.540
Mar 21, 2013 referred to corporations, authorities and commissions

Votes

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May 6, 2013 - Corporations, Authorities and Commissions committee Vote

S4323
5
0
committee
5
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Corporations, Authorities and Commissions committee vote details

Corporations, Authorities and Commissions Committee Vote: May 6, 2013

excused (1)

S4323 - Bill Details

See Assembly Version of this Bill:
A3182A
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1504, N-PC L; amd §97-r, St Fin L
Versions Introduced in 2011-2012 Legislative Session:
A7416A

S4323 - Bill Texts

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Provides for the administration of the state cemetery vandalism restoration, monument repair or removal and administration fund by the state cemetery board; removes the state comptroller and commissioner of taxation and finance from administering the fund.

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BILL NUMBER:S4323

TITLE OF BILL: An act to amend the not-for-profit corporation law and
the state finance law, in relation to the administration of the state
cemetery vandalism restoration fund by the state cemetery board

PURPOSE OR GENERAL IDEA OF BILL:

This bill would amend the not-for-profit corporation law to update
authority for payments from the state cemetery vandalism restoration,
monument repair or removal and administration fund to test with the
state cemetery board.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 1504 of the Not-for-Profit
Corporation Law to add a new subparagraph (6) to paragraph (c) to
provide additional authority to the state cemetery board in matters
relating to the state cemetery vandalism restoration, monument repair
or removal and administration fund.

The State Cemetery Board which is composed of the Secretary of State,
Attorney General and Commissioner of Health or their designees.

Section 2 of the legislation amends subdivisions 1 and 3 of section
97-r of the state finance law to provide custody of these funds for
disbursement to the State Cemetery Board and outlines the requirements
for disbursement of such funds.

Section 3 of this bill establishes that this act shall take effect on
the first day of April next after it shall have become a law.

EXISTING LAW:

The Not-for-Profit Corporation Law has been amended in numerous
sections, resulting in a disjointed collection of protections and
applications relating to cemetery vandalism, abandonment and
restoration funds. This legislation would amend these various sections
into more concise language.

JUSTIFICATION:

Existing statues related to cemetery vandalism, abandonment and repair
and the provisions related to the correction of dangerous conditions
in cemeteries have been amended in several sections of the law. This
bill clarifies these provisions and applications. Additionally, this
bill provides the State Cemetery Board, the entity reviewing these
applications for funds, with the clear authority to approve
distribution of these funds.

LEGISLATIVE HISTORY:

A.7418-A of 2012

FISCAL IMPLICATIONS:


Contributions to the fund are from regulated entities and not the
State of New York.

EFFECTIVE DATE:

This act shall take effect on the April next after it shall have
become a law.

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

                                  4323

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 21, 2013
                               ___________

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 and the state finance
  law, in relation to the administration of the state cemetery vandalism
  restoration fund by the state cemetery board

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

  Section  1. Paragraph (c) of section 1504 of the not-for-profit corpo-
ration law is amended by adding a new subparagraph 6 to read as follows:
  (6) TO ADMINISTER THE STATE CEMETERY VANDALISM  RESTORATION,  MONUMENT
REPAIR   OR   REMOVAL   AND  ADMINISTRATION  FUND  PURSUANT  TO  SECTION
NINETY-SEVEN-R OF THE STATE FINANCE LAW. MONEYS OF THE FUND, ESTABLISHED
BY SECTION NINETY-SEVEN-R OF THE STATE FINANCE LAW, MAY BE EXPENDED  FOR
THE  PURPOSES PROVIDED IN SUBPARAGRAPH THREE OF PARAGRAPH (H) OF SECTION
FIFTEEN HUNDRED SEVEN OF THIS ARTICLE ACCORDING TO THE  REQUIREMENTS  OF
SUCH PARAGRAPH (H).
  S  2.  Subdivisions  1 and 3 of section 97-r of the state finance law,
subdivision 1 as amended by chapter 380 of the laws of 2000 and subdivi-
sion 3 as added by chapter 495 of the laws of 1988, are amended to  read
as follows:
  1.  There  is  hereby  established in the [joint] custody of the state
[comptroller and the commissioner  of  taxation  and  finance]  CEMETERY
BOARD  a special fund to be known as the state cemetery vandalism resto-
ration, monument repair or removal and administration fund.
  3. Moneys of the fund may be expended for  the  purposes  provided  in
subparagraph  three of paragraph (h) of section fifteen hundred seven of
the not-for-profit corporation law according to the requirements of such
paragraph (h). Moneys shall be paid out of the fund  on  the  audit  and
warrant  of the [state comptroller] CEMETERY BOARD on vouchers certified
or approved by [the secretary of state] A MAJORITY VOTE OF THE  CEMETERY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07403-02-3

S. 4323                             2

BOARD. SUCH FUND SHALL BE UTILIZED SOLELY FOR THE PURPOSE 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.
  S 3. This act shall take effect on the first of April next  succeeding
the date on which it shall have become a law.

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