NY State Senate Bill 2015-S8029

Senate Bill S8029

2015-2016 Legislative Session

Prohibits the construction of any mausoleum or columbarium in a cemetery where such mausoleum or columbarium is the only form of interment offered in a cemetery

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2016	referred to rules

2015-S8029 (ACTIVE) - Details

See Assembly Version of this Bill:: A10650
Current Committee:: Senate Rules
Law Section:: Not-for-Profit Corporation Law
Laws Affected:: Amd §1506, N-PC L; add §167, Gen Muni L; add §292-b, Town L; add §15-1512, Vil L; amd §7, Rel Corp L
Versions Introduced in 2017-2018 Legislative Session:: S2606, A5784

2015-S8029 (ACTIVE) - Summary

Prohibits the construction of any mausoleum or columbarium in a cemetery where such mausoleum or columbarium is the only form of interment offered in a cemetery.

2015-S8029 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S8029

 TITLE OF BILL :

An act to amend the not-for-profit corporation law, the general
municipal law, the town law, the village law and the religious
corporations law, in relation to prohibiting certain stand-alone
mausoleum and columbarium

 PURPOSE :

Prohibits the construction of any mausoleum or columbarium in a
cemetery where such mausoleum or columbarium is the only form of
interment offered in the cemetery.

 SUMMARY OF PROVISIONS :

Section 1 amends Section 1506 of the not-for-profit corporation law to
add new paragraph (m)

Section 2 amends the general municipal law by adding new section 167

Section 3 amends the town law by adding new section 292-b

Section 4 amends the village law by adding new section 15-1512

Section 5 amends the closing paragraph of section 7 of the religious
corporations law, as added by chapter 560 of the laws of 1998

Section 6 establishes the effective date

 JUSTIFICATION :

Cemeteries across New York successfully provide families with a
variety of important options for final disposition of human remains.
Unfortunately, in a few instances, the state has allowed the
incorporation of cemetery entities for the sole purpose of
constructing stand-alone mausoleums and stand-alone columbarium. In
two recent high-profile events, these entities have failed and became
the responsibility of local government. These costs have been
significant.

Mausoleums and columbarium have proven to be successful for many
cemeteries when they are part of a larger financial plan and presented
as an additional burial option for cemeteries. They have also been
successful by helping cemeteries extend their ability to offer burial
services by utilizing burial space otherwise unavailable for in-ground
burial. However, they have proven to be unsuccessful when a cemetery
is created solely for the purpose of construction of a standalone
mausoleum or columbarium. This model exposes local governments and
other entities to financial hardship if a facility is subsequently
abandoned and is prohibited by this legislation.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S8029 (ACTIVE) - Bill Text download pdf

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

                                  8029

                            I N  S E N A T E

                              June 7, 2016
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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
COLUMBARIUM ON PROPERTY OWNED BY THE VILLAGE  WHERE  SUCH  MAUSOLEUM  OR

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

                                                           LBD15764-02-6

S. 8029                             2

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.

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