|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to corporations, authorities and commissions|
returned to senate
died in assembly
|Jun 21, 2013||referred to corporations, authorities and commissions|
|Jun 20, 2013||delivered to assembly|
|Jun 17, 2013||ordered to third reading cal.1404|
committee discharged and committed to rules
|Jun 04, 2013||referred to corporations, authorities and commissions|
senate Bill S5678
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5678 - Details
- Current Committee:
- Law Section:
- Religious Corporations Law
- Laws Affected:
- Add §8-a, Rel Corp L
S5678 - Summary
Relates to the reacquisition of abandoned cemetery plots by religious cemetery corporations.
S5678 - Sponsor Memo
BILL NUMBER:S5678 TITLE OF BILL: An act to amend the religious corporations law, in relation to the reacquisition of abandoned cemetery plots PURPOSE: To give religious cemetery corporations the same ability as not-for-profit cemetery corporations to obtain approval, under specific circumstances, to reacquire, re-subdivide and resell old lots, plots or parts thereof which are determined to be abandoned. SUMMARY OF PROVISIONS: Adds a new Section 8-a to the Religious Corporations Law to allow a religious cemetery corporation - upon application to, and approval by, a Supreme Court - to reacquire, re-subdivide and resell a lot, plot or part thereof which is determined to be abandoned. Applications may be made in regard to lots and plots purchased more than 75 years ago if no burials have been made or if all the bodies have been lawfully removed and if neither the owners nor any person having a credible claim can be identified after a reasonable search. Specifies the steps to be taken in conducting a reasonable search. If a burial was made in such a lot more than 75 years ago, the corporation may apply to a Supreme Court to subdivide the lot or plot to create new graves. Provides that the net proceeds of any sale shall be placed in a trust designated to provide future maintenance of the cemetery. Specifies reimbursement options in case an owner is subsequently identified.
S5678 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5678 2013-2014 Regular Sessions I N S E N A T E June 4, 2013 ___________ Introduced by Sen. FARLEY -- read twice and ordered printed, and when printed to be committed 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11162-01-3
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