senate Bill S4920

Signed By Governor
2015-2016 Legislative Session

Relates to the reacquisition of abandoned cemetery plots

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 11, 2015 signed chap.547
Nov 30, 2015 delivered to governor
Jun 19, 2015 returned to senate
passed assembly
ordered to third reading rules cal.702
substituted for a1248a
Jun 15, 2015 referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.1544
committee discharged and committed to rules
May 29, 2015 print number 4920a
May 29, 2015 amend and recommit to corporations, authorities and commissions
Apr 23, 2015 referred to corporations, authorities and commissions

S4920 - Details

Law Section:
Religious Corporations Law
Laws Affected:
Add §8-a, Rel Corp L
Versions Introduced in 2013-2014 Legislative Session:
S5678

S4920 - Summary

Relates to the reacquisition of abandoned cemetery plots.

S4920 - Sponsor Memo

S4920 - Bill Text download pdf

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

                                  4920

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 23, 2015
                               ___________

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.
                                                           LBD10588-01-5

Co-Sponsors

S4920A (ACTIVE) - Details

Law Section:
Religious Corporations Law
Laws Affected:
Add §8-a, Rel Corp L
Versions Introduced in 2013-2014 Legislative Session:
S5678

S4920A (ACTIVE) - Summary

Relates to the reacquisition of abandoned cemetery plots.

S4920A (ACTIVE) - Sponsor Memo

S4920A (ACTIVE) - Bill Text download pdf

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

                                 4920--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 23, 2015
                               ___________

Introduced  by  Sen.  FARLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and   Commissions  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10588-02-5

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