Assembly Bill A10650

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

                                  10650

                          I N  A S S E M B L Y

                              June 10, 2016
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Duprey) --
  read once and referred to the Committee on  Corporations,  Authorities
  and Commissions

AN  ACT to amend the not-for-profit corporation law, the general munici-
  pal law, the town law, the village law and the religious  corporations
  law,  in  relation  to  prohibiting  certain stand-alone mausoleum and
  columbarium

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

  Section  1.  Section  1506  of  the  not-for-profit corporation law is
amended by adding a new paragraph (m) to read as follows:
  (M) PROHIBITION OF STAND-ALONE MAUSOLEUM AND COLUMBARIUM. NO  APPLICA-
TION  FOR  THE  CONSTRUCTION  OF  A  MAUSOLEUM  OR  COLUMBARIUM SHALL BE
APPROVED BY THE CEMETERY BOARD TO  BE  LOCATED  IN  ANY  CITY,  TOWN  OR
VILLAGE  WHERE  SUCH  MAUSOLEUM OR COLUMBARIUM SHALL BE THE ONLY FORM OF
INTERMENT OFFERED BY A CEMETERY CORPORATION.
  S 2. The general municipal law is amended by adding a new section  167
to read as follows:
  S 167. PROHIBITION OF STAND-ALONE MAUSOLEUM AND COLUMBARIUM. NO MUNIC-
IPAL CORPORATION SHALL APPROVE OR AUTHORIZE THE CONSTRUCTION OF A MAUSO-
LEUM  OR  COLUMBARIUM  ON  PROPERTY OWNED BY THE MUNICIPALITY WHERE SUCH
MAUSOLEUM OR COLUMBARIUM SHALL BE THE ONLY FORM OF INTERMENT OFFERED FOR
CEMETERY PURPOSES.
  S 3. The town law is amended by adding a new section 292-b to read  as
follows:
  S  292-B.  PROHIBITION  OF  STAND-ALONE MAUSOLEUM AND COLUMBARIUM.  NO
TOWN SHALL APPROVE OR AUTHORIZE  THE  CONSTRUCTION  OF  A  MAUSOLEUM  OR
COLUMBARIUM ON PROPERTY OWNED BY THE TOWN WHERE SUCH MAUSOLEUM OR COLUM-
BARIUM  SHALL  BE  THE  ONLY  FORM  OF  INTERMENT  OFFERED  FOR CEMETERY
PURPOSES.
  S 4. The village law is amended by adding a  new  section  15-1512  to
read as follows:
  S  15-1512  PROHIBITION  OF  STAND-ALONE MAUSOLEUM AND COLUMBARIUM. NO
VILLAGE SHALL APPROVE OR AUTHORIZE THE CONSTRUCTION OF  A  MAUSOLEUM  OR

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

                                                           LBD15764-02-6

A. 10650                            2

COLUMBARIUM  ON  PROPERTY  OWNED  BY THE VILLAGE WHERE SUCH MAUSOLEUM OR
COLUMBARIUM SHALL BE THE ONLY FORM OF  INTERMENT  OFFERED  FOR  CEMETERY
PURPOSES.
  S  5. The closing paragraph of section 7 of the religious corporations
law, as added by chapter 560 of the laws of 1998, is amended to read  as
follows:
  Only the provisions of subparagraphs (a) and (b) of the previous para-
graph shall apply to religious corporations with thirty acres or less of
real property dedicated to cemetery purposes, and only to the extent the
sale  or  lease  is of real property dedicated to cemetery purposes, and
such cemeteries shall not engage in the sale of funeral  home  goods  or
services,  except  if such goods and services are otherwise permitted to
be sold by cemeteries. NO RELIGIOUS CORPORATION SHALL APPROVE OR AUTHOR-
IZE THE CONSTRUCTION OF A MAUSOLEUM OR COLUMBARIUM ON PROPERTY OWNED  BY
THE  RELIGIOUS  CORPORATION WHERE SUCH MAUSOLEUM OR COLUMBARIUM SHALL BE
THE ONLY FORM OF INTERMENT OFFERED FOR CEMETERY PURPOSES.
  S 6. This act shall take effect immediately.