Senate Bill S2606B

Signed By Governor
2017-2018 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

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Archive: Last Bill Status Via A5784 - Signed by Governor


  • 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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Bill Amendments

2017-S2606 - Details

See Assembly Version of this Bill:
A5784
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §§1506 & 1506-a, N-PC L; amd §7, Rel Corp L
Versions Introduced in 2015-2016 Legislative Session:
S8029, A10650

2017-S2606 - 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, except in limited circumstances to assure the perpetual care of remains already in a mausoleum or columbarium.

2017-S2606 - Sponsor Memo

2017-S2606 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2606
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
   printed to be committed 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.
   § 2. The general municipal law is amended by adding a new section  167
 to read as follows:
   § 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.
   § 3. The town law is amended by adding a new section 292-b to read  as
 follows:
   §  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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00767-01-7
              

2017-S2606A - Details

See Assembly Version of this Bill:
A5784
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §§1506 & 1506-a, N-PC L; amd §7, Rel Corp L
Versions Introduced in 2015-2016 Legislative Session:
S8029, A10650

2017-S2606A - 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, except in limited circumstances to assure the perpetual care of remains already in a mausoleum or columbarium.

2017-S2606A - Sponsor Memo

2017-S2606A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2606--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sen.  LITTLE -- 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 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 TO BE LOCATED IN
 ANY CITY, TOWN OR VILLAGE SHALL BE APPROVED BY THE CEMETERY  BOARD  WHEN
 SUCH  MAUSOLEUM  OR  COLUMBARIUM  SHALL  BE  THE  ONLY FORM OF INTERMENT
 OFFERED BY A CEMETERY CORPORATION, UNLESS  A  MANAGEMENT  AGREEMENT  HAS
 BEEN  ENTERED INTO WITH AN EXISTING CEMETERY CORPORATION REGULATED UNDER
 THIS ARTICLE, THAT WILL PROVIDE OPERATIONAL MANAGEMENT OF THE  MAUSOLEUM
 OR  COLUMBARIUM,  AND  THE  OWNER  OF  THE  MAUSOLEUM OR COLUMBARIUM HAS
 RESERVED INTERMENT SPACE AND SECURED INTERMENT SERVICES  IN  A  CEMETERY
 REGULATED  UNDER  THIS  ARTICLE,  IN ORDER TO ASSURE CONTINUED PERPETUAL
 CARE OF THE REMAINS CONTAINED IN THE  MAUSOLEUM  OR  COLUMBARIUM  SHOULD
 SUCH  MAUSOLEUM OR COLUMBARIUM BECOME ABANDONED OR CHOOSE TO CEASE OPER-
 ATIONS.
   § 2. Subparagraph 7 of paragraph (a) of section 1506-a of the not-for-
 profit corporation law, as added by chapter 560 of the laws of 1998,  is
 amended to read as follows:
   (7)  have, enter into or perform a management contract with any entity
 other than a not-for-profit  cemetery  corporation;  PROVIDED,  HOWEVER,
 THAT  A  NOT-FOR-PROFIT CEMETERY CORPORATION MAY ENTER INTO OR PERFORM A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2017-S2606B (ACTIVE) - Details

See Assembly Version of this Bill:
A5784
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §§1506 & 1506-a, N-PC L; amd §7, Rel Corp L
Versions Introduced in 2015-2016 Legislative Session:
S8029, A10650

2017-S2606B (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, except in limited circumstances to assure the perpetual care of remains already in a mausoleum or columbarium.

2017-S2606B (ACTIVE) - Sponsor Memo

2017-S2606B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2606--B
     Cal. No. 1239
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sen.  LITTLE -- 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 --  recommitted
   to  the  Committee  on  Corporations,  Authorities  and Commissions in
   accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
   committee,  ordered  to  first  and  second report, ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  in  the
   order of third reading
 
 AN  ACT  to  amend  the not-for-profit corporation 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 TO BE LOCATED IN
 ANY CITY, TOWN OR VILLAGE SHALL BE APPROVED BY THE CEMETERY  BOARD  WHEN
 SUCH  MAUSOLEUM  OR  COLUMBARIUM  SHALL  BE  THE  ONLY FORM OF INTERMENT
 OFFERED BY A CEMETERY CORPORATION, UNLESS A MANAGEMENT CONTRACT HAS BEEN
 ENTERED INTO WITH AN EXISTING CEMETERY CORPORATION REGULATED UNDER  THIS
 ARTICLE,  THAT  WILL  PROVIDE OPERATIONAL MANAGEMENT OF THE MAUSOLEUM OR
 COLUMBARIUM, AND THE OWNER OF THE MAUSOLEUM OR COLUMBARIUM HAS  RESERVED
 INTERMENT  SPACE  AND SECURED INTERMENT SERVICES IN A CEMETERY REGULATED
 UNDER THIS ARTICLE, IN ORDER TO ASSURE CONTINUED PERPETUAL CARE  OF  THE
 REMAINS  CONTAINED IN THE MAUSOLEUM OR COLUMBARIUM SHOULD SUCH MAUSOLEUM
 OR COLUMBARIUM BECOME ABANDONED OR CHOOSE TO CEASE OPERATIONS.
   § 2. Subparagraph 7 of paragraph (a) of section 1506-a of the not-for-
 profit corporation law, as added by chapter 560 of the laws of 1998,  is
 amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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