|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||
referred to corporations, authorities and commissions
returned to senate
died in assembly
|Jun 20, 2013||
referred to corporations, authorities and commissions
delivered to assembly
ordered to third reading cal.1518
|Jun 17, 2013||
referred to rules
senate Bill S5831
Relates to the reacquisition of abandoned cemetery plots by a Catholic religious cemetary corporation
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
view actions (8)
Jun 20, 2013 - floor VoteS5831621floor62Aye1Nay0Absent0Excused0Abstained
show floor vote details
Floor Vote: Jun 20, 2013aye (62)
Jun 20, 2013 - Rules committee VoteS5831250committee25Aye0Nay0Aye with Reservations0Absent0Excused0Abstained
- show floor vote details
S5831 - Bill Details
S5831 - Bill Texts
Relates to the reacquisition of abandoned cemetery plots by religious cemetery corporations.
view sponsor memo
TITLE OF BILL:
to amend the religious corporations law, in relation to the
reacquisition of abandoned cemetery plots
To give Catholic 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:
This bill would add a new Section 93 to the Religious Corporations Law
to allow a Catholic 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.
This bill would further provide 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. Provides that any monuments to be erected on
any such lot shall conform to the size, style and type of monuments
in that section of the cemetery.
In 2003, Section 1513-a of the Not-For-Profit Corporation Law was
enacted to give not-for-profit cemetery corporations the ability to
reacquire and resell abandoned lots. In adopting this law, the State
recognized that there were numerous instances where such cemeteries
were filling to capacity and were facing questions and concerns about
their continued financial viability. The reacquisition of these
properties allows cemeteries to re-subdivide and resell the abandoned
lots, thereby maximizing the use of their grounds and increasing
This bill would provide Catholic religious corporation cemeteries with
the same ability as not-for-profit corporation cemeteries to
reacquire abandoned cemetery lots. A religious cemetery, if not
sustainable, produces a similar financial burden for its upkeep but,
unlike a not-for-profit cemetery, such burden cannot be passed on to
the local municipality and must be addressed by other funds.
Supporting cemeteries which cannot generate additional revenue hurts
other aspects of the religious entity's infrastructure and negatively
impacts other efforts.
This bill would create in the Religious Corporations Law a similar
ability for Catholic cemeteries to reacquire lots, plots, or parts
thereof. Approval would have to be obtained from a State Supreme
Court justice. A cemetery must reasonably search appropriate records
for any burials or owners of such lot, plot, or part thereof, and the
bill prescribes under what circumstances a Supreme Court can approve
reacquisition by a religious corporation cemetery. Any revenues
obtained from such sales must be placed in a trust designated to
provide future maintenance of the cemetery.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
This act would take effect 30 days after it shall have become a law.
view full text
S T A T E O F N E W Y O R K ________________________________________________________________________ 5831 2013-2014 Regular Sessions I N S E N A T E June 17, 2013 ___________ Introduced by Sens. FARLEY, FELDER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 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. LBD11162-04-3 S. 5831 2 OWNER OR OWNERS OF THE LOT, PLOT OR PART THEREOF; (3) THE POSTING OF NOTICE BY THE CEMETERY AT THE ENTRANCE TO THE CEMETERY AND IN THE CEME- TERY OFFICE, IF ANY, OF ITS INTENTION TO DECLARE THE LOT, PLOT OR PART THEREOF ABANDONED; (4) THE MAILING OF SUCH NOTICE CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED TO THE OWNER OR OWNERS OF THE LOT, PLOT OR PART THEREOF AND EACH PERSON IDENTIFIED DURING THE REASONABLE SEARCH AT THEIR LAST KNOWN ADDRESSES; (5) PUBLICATION OF SUCH NOTICE ONCE IN EACH WEEK FOR THREE SUCCESSIVE WEEKS, IN TWO NEWSPAPERS OF REGULAR COMMERCIAL CIRCULATION BY SUBSCRIPTION AND/OR NEWSSTAND SALE, TO BE DESIGNATED BY THE COUNTY CLERK OF THE COUNTY WHERE THE CEMETERY IS LOCATED WHICH IN HIS OR HER JUDGMENT, GIVEN THE ETHNIC, RELIGIOUS, GEOGRAPHIC OR OTHER RELATED DEMOGRAPHIC CHARACTERISTICS OF THE OWNER OR OWNERS OF THE LOT, PLOT OR PART THEREOF AND EACH PERSON IDENTIFIED THROUGH THE REASONABLE SEARCH AND THE PREDOMINANT READERSHIP OF SUCH NEWSPAPERS ARE BEST CALCU- LATED TO INFORM THE OWNER OR OWNERS OF THE LOT, PLOT OR PART THEREOF AND EACH PERSON IDENTIFIED THROUGH THE REASONABLE SEARCH OF ANY APPLICATION PURSUANT TO THE PROVISIONS OF THIS SECTION; AND (6) THE PREPARATION OF AN AFFIDAVIT DESCRIBING THE STEPS TAKEN BY THE CATHOLIC RELIGIOUS CEME- TERY CORPORATION TO ASCERTAIN THE IDENTITY OF AND TO CONTACT THE CURRENT OWNER OR OWNERS OF THE LOT, PLOT OR PART THEREOF OR NEXT-OF-KIN THEREOF OR ANY OTHER PERSONS IDENTIFIED IN THE COURSE OF THE REASONABLE SEARCH WHO MIGHT HAVE RELEVANT INFORMATION AND THE RESULTS OF SUCH STEPS. AFTER THE FILING WITH THE SUPREME COURT OF PROOF OF COMPLIANCE WITH THE ABOVE REQUIREMENTS IN FORM AND SUBSTANCE REASONABLY SATISFACTORY TO SUCH SUPREME COURT AND UPON APPROVAL BY THE SUPREME COURT, THE LOT, PLOT OR PART THEREOF MAY BE RESOLD BY THE CEMETERY TO ANY PARTY IN COMPLIANCE WITH THE CEMETERY RULES AND REGULATIONS PROVIDED, HOWEVER, THAT ANY MONUMENT SUBSEQUENTLY PLACED ON SUCH LOT, PLOT OR PART THEREOF SHALL CONFORM TO THE GENERAL APPEARANCE OF ANY EXISTING MONUMENTS IN SAID SECTION OF LOTS, PLOTS OR PARTS THEREOF, IF ANY. (B) IF (I) THE CIRCUMSTANCES DESCRIBED IN SUBDIVISION (A) OF THIS SECTION EXIST EXCEPT THAT ONE OR MORE BURIALS HAVE BEEN MADE IN A LOT, AND THE LAST BURIAL WAS MADE MORE THAN SEVENTY-FIVE YEARS PRIOR TO THE APPLICATION, (II) THE LOT, PLOT OR PART THEREOF CAN BE SUBDIVIDED TO CREATE NEW GRAVES, (III) THE BODIES HAVE NOT BEEN LAWFULLY REMOVED, AND (IV) THE CEMETERY SUBMITS AN APPLICATION TO THE SUPREME COURT WHICH COMPLIES WITH THE REQUIREMENTS SET FORTH IN SUBDIVISION (A) OF THIS SECTION, IT SHALL BE CONCLUSIVELY PRESUMED THAT THE LOT OWNER HAS ABAN- DONED THE RIGHT TO MAKE FURTHER BURIALS IN THE LOT, THE LOT MAY BE SUBDIVIDED, AND THE RESUBDIVIDED LOT, PLOT OR PARTS THEREOF WHICH DO NOT CONTAIN THE REMAINS OF THE DECEASED PERSONS MAY BE RESOLD BY THE RELI- GIOUS CEMETERY CORPORATION AS PROVIDED IN THIS SECTION. NOTHING IN THIS SECTION SHALL PERMIT A CATHOLIC RELIGIOUS CEMETERY CORPORATION TO DECLARE ABANDONED A LOT, PLOT OR PART THEREOF, WHERE SUCH LOT, PLOT OR PART THEREOF WAS PURCHASED FOR MULTIPLE DEPTH BURIALS AND WHERE ONE OR MORE BURIALS HAS OCCURRED OR AUTHORIZED A CATHOLIC RELIGIOUS CEMETERY CORPORATION TO REMOVE A MONUMENT OR OTHER EMBELLISHMENT TO FACILITATE THE RESALE OF SUCH LOT, PLOT OR PART THEREOF. (C) IF THE OWNER OR OWNERS OF A LOT, PLOT OR PART THEREOF CAN BE IDEN- TIFIED, THE CATHOLIC RELIGIOUS CEMETERY CORPORATION, WITH THE CONSENT OF THE OWNER OR OWNERS OF THE LOT, PLOT OR PART THEREOF, THE LOT, PLOT OR PART THEREOF MAY BE RESUBDIVIDED, AND THE RESUBDIVIDED LOT, PLOT OR PART THEREOF WHICH DOES NOT CONTAIN THE REMAINS OF DECEASED PERSONS MAY BE RESOLD BY THE CATHOLIC RELIGIOUS CEMETERY CORPORATION, PROVIDED, HOWEV- ER, IF NO BURIAL HAS BEEN MADE IN THE LOT, PLOT OR PART THEREOF, IN THE TWENTY-FIVE YEAR PERIOD PRECEDING SUCH APPLICATION, THE OWNER OF A LOT, S. 5831 3 PLOT OR PART THEREOF HAS NOTIFIED HIS OR HER PARENTS, SPOUSE, ISSUE, BROTHERS, SISTERS, GRANDPARENTS, AND GRANDCHILDREN, IF ANY, OF THE APPLICATION TO THE SUPREME COURT, AND PROVIDED FURTHER, HOWEVER, IF A BURIAL HAS BEEN MADE IN THIS LOT, PLOT OR PART THEREOF DURING SUCH TWEN- TY-FIVE YEAR PERIOD, THE SPOUSE AND ISSUE OF SUCH DECEASED PERSON ARE ALSO NOTIFIED, AND PROVIDED FURTHER, IN EITHER CASE THE OWNER OF THE LOT, PLOT OR PART THEREOF SATISFIES THE SUPREME COURT THAT NONE OF THE PERSONS NOTIFIED HAVE AGREED WITHIN FORTY-FIVE DAYS OF NOTIFICATION TO PURCHASE THE LOT, PLOT OR PART THEREOF AT THE PRICE WHICH THE CATHOLIC RELIGIOUS CEMETERY CORPORATION SHALL CERTIFY UNDER PENALTY OF LAW SHALL BE THE PRICE AT WHICH THE LOT, PLOT OR PART THEREOF SHALL BE SOLD FOR AFTER REACQUISITION. (D) UPON THE SALE OF A LOT, PLOT OR PART THEREOF REACQUIRED BY A CATHOLIC RELIGIOUS CEMETERY CORPORATION UNDER THE PROVISIONS OF SUBDIVI- SION (A), (B), OR (C) OF THIS SECTION, THE NET PROCEEDS SHALL BE PLACED IN A TRUST DESIGNATED TO PROVIDE FUTURE MAINTENANCE OF THE CEMETERY. (E) IF THE OWNER OF THE LOT, PLOT OR PART THEREOF IS SUBSEQUENTLY IDENTIFIED, THE CATHOLIC RELIGIOUS CEMETERY CORPORATION SHALL: (I) RETURN ALL UNSOLD LOTS, PLOTS OR PARTS THEREOF IF ANY, TO THE OWNER IF SO REQUESTED; AND (II) WITH RESPECT TO ANY LOTS, PLOTS OR PARTS THEREOF THAT HAVE BEEN SOLD PURSUANT TO THIS SECTION, AT THE OPTION OF THE OWNER OF THE LOT, PLOT OR PART THEREOF, EITHER (1) PROVIDE THE OWNER, AT NOT COST TO THE OWNER, WITH A LOT, PLOT OR PART THEREOF COMPARABLE TO ANY LOT, PLOT OR PART THEREOF THAT WAS SOLD BY THE CATHOLIC RELIGIOUS CEME- TERY CORPORATION OR (2) PROVIDE THE OWNER WITH THE PROCEEDS FROM THE SALE OF THE LOT, PLOT OR PART THEREOF REACQUIRED UNDER THIS SECTION WITH INTEREST THEREON FROM THE DATE OF THE SALE AT SIX PERCENT PER ANNUM. (F) MONUMENTS TO BE ERECTED ON A LOT, PLOT OR PART THEREOF, FOLLOWING THE RESALE OF A LOT, PLOT OR PART THEREOF, SHALL CONFORM TO THE RULES AND REGULATIONS OR OTHER REQUIREMENTS OF THE CATHOLIC RELIGIOUS CEMETERY CORPORATION AND SHALL CONFORM TO THE SIZE, STYLE, AND TYPE OF MONUMENTS IN THE SECTION OF THE CEMETERY WHERE SUCH RESALE OCCURS. S 2. This act shall take effect on the thirtieth day after it shall have become a law.
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