NY State Senate Bill 2017-S2606

Senate Bill S2606

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

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 01, 2018	signed chap.296
Sep 19, 2018	delivered to governor
Jun 19, 2018	returned to assembly passed senate 3rd reading cal.1239 substituted for s2606b
Jun 19, 2018	substituted by a5784b
Jun 07, 2018	amended on third reading (t) 2606b
May 22, 2018	advanced to third reading
May 16, 2018	2nd report cal.
May 15, 2018	1st report cal.1239
Jan 03, 2018	referred to corporations, authorities and commissions
Feb 24, 2017	print number 2606a
Feb 24, 2017	amend and recommit to corporations, authorities and commissions
Jan 13, 2017	referred to corporations, authorities and commissions

Votes

- Jun 19, 2018 - Floor Vote
  A5784
  
  59
  
  Aye
  
  3
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2018
      
      aye (59)
      
      Addabbo Jr.
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (3)
      
      Akshar
      
      DeFrancisco
      
      Griffo
      
      excused (1)
      
      Croci
  May 15, 2018 - Corporations, Authorities And Commissions Committee Vote
  S2606
  
  4
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: May 15, 2018
      
      aye (4)
      
      Amedore
      
      Larkin
      
      Ortt
      
      Ranzenhofer
      
      aye wr (3)
      
      Alcantara
      
      Comrie
      
      Kavanagh

Bill Amendments

Original

B (Active)

2017-S2606 - Details

See Assembly Version of this Bill:: A5784
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 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

                                 BILL NUMBER:  S2606

 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 stand-alone
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.

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

 S. 2606                             2
 
   § 4. The village law is amended by adding a  new  section  15-1512  to
 read as follows:
   §  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
 COLUMBARIUM SHALL BE THE ONLY FORM OF  INTERMENT  OFFERED  FOR  CEMETERY
 PURPOSES.
   §  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.
   § 6. This act shall take effect immediately.

2017-S2606A - Details

See Assembly Version of this Bill:: A5784
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 2015-2016 Legislative Session:: S8029, A10650

2017-S2606A - Summary

2017-S2606A - Sponsor Memo

                                 BILL NUMBER:  S2606A

 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 a new paragraph (m). No application for the construction of a
mausoleum or columbarium be approved by the cemetery board when such
mausoleum or columbarium shall be the only form of interment offered
by a cemetery corporation.

Section 2 amends the general municipal law by adding a new section
167.  No municipal corporation shall approve or authorize the
construction of a mausoleum or columbarium on property owned by the
municipality where such mausoleum or columbarium shall be the only
form of interment offered by a cemetery corporation.

Section 3 amends the town law by adding a new section 292-b.  No town
shall approve or authorize the construction of a mausoleum or
columbarium on property owned by the town where such mausoleum or
columbarium shall be the only form of interment offered for cemetery
purposes.

Section 4 amends the village law by adding a new section 15-1512.  No
village shall approve or authorize the construction of a mausoleum or
columbarium on property owned by the village where such mausoleum or
columbarium shall be the only form of interment offered for cemetery
purposes.

Section 5 amends the closing paragraph of section 7 of the religious
corporations law, as added by chapter 560 of the laws of 1998.  No
religious corporation shall approve or authorize 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.

Section 6 amends subdivision 7 of section 1506-a of non-for-profit
corporation law A not-for-profit cemetery corporation may enter into
or perform a management contract with a private cemetery.

Section 7 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 :

2015-2016: S.8029 Referred to Rules
A.10650 Referred to corporations, authorities and commissions

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately.

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.

                                                            LBD00767-02-7

 S. 2606--A                          2
 
 MANAGEMENT CONTRACT WITH A PRIVATE CEMETERY  CORPORATION  PROVIDED  SUCH
 AGREEMENT  OR  CONTRACT SHALL HAVE FIRST BEEN AUTHORIZED BY THE BOARD OF
 THE NOT-FOR-PROFIT CEMETERY CORPORATION.
   §  3. 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 BY
 A CEMETERY CORPORATION, UNLESS A MANAGEMENT AGREEMENT HAS  BEEN  ENTERED
 INTO  WITH  AN  EXISTING  CEMETERY  CORPORATION  REGULATED UNDER ARTICLE
 FIFTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW, THAT WILL PROVIDE  OPERA-
 TIONAL  MANAGEMENT OF THE MAUSOLEUM OR COLUMBARIUM, AND THE OWNER OF THE
 MAUSOLEUM OR COLUMBARIUM HAS RESERVED INTERMENT SPACE AND SECURED INTER-
 MENT SERVICES IN A CEMETERY REGULATED UNDER THIS ARTICLE,  IN  ORDER  TO
 ASSURE CONTINUED PERPETUAL CARE OF THE REMAINS CONTAINED IN THE MAUSOLE-
 UM  OR COLUMBARIUM SHOULD SUCH MAUSOLEUM OR COLUMBARIUM BECOME ABANDONED
 OR CHOOSE TO CEASE OPERATIONS.
   § 4. 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 COLUMBARI-
 UM  ON  PROPERTY  OWNED  BY THE TOWN WHERE SUCH MAUSOLEUM OR COLUMBARIUM
 SHALL BE THE ONLY FORM OF INTERMENT OFFERED FOR CEMETERY PURPOSES UNLESS
 A MANAGEMENT AGREEMENT HAS BEEN ENTERED INTO WITH AN  EXISTING  CEMETERY
 CORPORATION REGULATED UNDER ARTICLE FIFTEEN OF THE NOT-FOR-PROFIT CORPO-
 RATION LAW, 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,  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.
   §  5.  The  village  law is amended by adding a new section 15-1512 to
 read as follows:
   § 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
 COLUMBARIUM  SHALL  BE  THE  ONLY FORM OF INTERMENT OFFERED FOR CEMETERY
 PURPOSES UNLESS A MANAGEMENT AGREEMENT HAS BEEN  ENTERED  INTO  WITH  AN
 EXISTING  CEMETERY  CORPORATION  REGULATED  UNDER ARTICLE FIFTEEN OF THE
 NOT-FOR-PROFIT CORPORATION LAW, 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.
   §  6. 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

 S. 2606--A                          3
 
 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 UNLESS A
 MANAGEMENT AGREEMENT HAS BEEN ENTERED INTO  WITH  AN  EXISTING  CEMETERY
 CORPORATION REGULATED UNDER ARTICLE FIFTEEN OF THE NOT-FOR-PROFIT CORPO-
 RATION LAW, 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.
   § 7. This act shall take effect immediately.

2017-S2606B (ACTIVE) - Details

See Assembly Version of this Bill:: A5784
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 2015-2016 Legislative Session:: S8029, A10650

2017-S2606B (ACTIVE) - Summary

2017-S2606B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2606B

SPONSOR: LITTLE
 
TITLE OF BILL:  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

 
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 a new paragraph 9m0. No application for the construction of a mauso-
leum or columbarium be approved by the cemetery board when such mausole-
um or columbarium shall be the only form of interment offered by a ceme-
tery corporation.

Section 2 amends the closing paragraph of section 7 of the religious
corporations law, as added by chapter 560 of the laws of 1998. No reli-
gious corporation shall approve or authorize 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.

Section 3 establishes the effective date.

 
JUSTIFICATION:

Cemeteries across New York successfully provide families with a variety
of important options for final disposition of human remains.  Unfortu-
nately, 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 ceme-
teries when they are part of a larger financial polan and presented as
an additional burial option for cemeteries. They have also been success-
ful by helping cemeteries extend heir 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 stand alone 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:

2015-2016: S. 8029 Referred to Rules
A. 10650 Referred to corporations, authorities and commissions

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

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

                       [ ] is old law to be omitted.
                                                            LBD00767-06-8

 S. 2606--B                          2
 
   (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
 MANAGEMENT CONTRACT WITH A PRIVATE CEMETERY CORPORATION FOR  THE  OPERA-
 TIONAL MANAGEMENT OF A MAUSOLEUM OR COLUMBARIUM BY SUCH PRIVATE CEMETERY
 CORPORATION  PROVIDED  SUCH CONTRACT SHALL HAVE FIRST BEEN AUTHORIZED BY
 THE BOARD OF THE NOT-FOR-PROFIT CEMETERY CORPORATION.
   § 3. 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 UNLESS A
 MANAGEMENT CONTRACT HAS BEEN ENTERED  INTO  WITH  AN  EXISTING  CEMETERY
 CORPORATION REGULATED UNDER ARTICLE FIFTEEN OF THE NOT-FOR-PROFIT CORPO-
 RATION LAW, 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.
   § 4. This act shall take effect immediately.

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