senate Bill S7835A

Vetoed By Governor
2017-2018 Legislative Session

Relates to the abandonment of cemeteries

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A10515 - Vetoed by Governor


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 07, 2018 tabled
vetoed memo.295
Nov 26, 2018 delivered to governor
Jun 18, 2018 returned to assembly
passed senate
3rd reading cal.1012
substituted for s7835a
Jun 18, 2018 substituted by a10515
May 08, 2018 advanced to third reading
May 07, 2018 2nd report cal.
May 02, 2018 1st report cal.1012
Apr 25, 2018 print number 7835a
Apr 25, 2018 amend and recommit to corporations, authorities and commissions
Mar 01, 2018 referred to corporations, authorities and commissions

Votes

view votes

May 1, 2018 - Corporations, Authorities and Commissions committee Vote

S7835A
6
0
committee
6
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Corporations, Authorities and Commissions committee vote details

Corporations, Authorities and Commissions Committee Vote: May 1, 2018

aye wr (1)

S7835 - Details

See Assembly Version of this Bill:
A10515
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Add §1506-d, amd §1507, N-PC L; amd §291, Town L
Versions Introduced in 2019-2020 Legislative Session:
S1876, A1605

S7835 - Summary

Relates to the abandonment of cemeteries; notification and assistance.

S7835 - Sponsor Memo

S7835 - Bill Text download pdf


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

                                  7835

                            I N  S E N A T E

                              March 1, 2018
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Corporations, Author-
  ities and Commissions

AN ACT to amend the not-for-profit corporation law and the town law,  in
  relation to the abandonment of cemeteries

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

  Section 1. The not-for-profit corporation law is amended by  adding  a
new section 1506-d to read as follows:
  § 1506-D. CEMETERY ABANDONMENT NOTIFICATION AND ASSISTANCE.
  ANY  CEMETERY CORPORATION THAT SHALL HAVE INSUFFICIENT GENERAL OPERAT-
ING FUNDS WITH WHICH TO CONTINUE OPERATIONS OR  THAT  DOES  NOT  HAVE  A
BOARD  SUFFICIENT  TO CARRY ON OPERATIONS OF THE CEMETERY, SHALL PROVIDE
NOTICE TO THE STATE CEMETERY BOARD AND THE GOVERNING BOARD OF THE  MUNI-
CIPALITY OR MUNICIPALITIES IN WHICH THE CEMETERY IS LOCATED AT LEAST ONE
HUNDRED  AND  EIGHTY DAYS IN ADVANCE OF THE DATE OF EXPECTED ABANDONMENT
TO A MUNICIPALITY.  UPON NOTIFICATION BY THE CEMETERY CORPORATION OR  AS
A RESULT OF A REVIEW OF THE FINANCIAL AND CORPORATE STATUS OF A CEMETERY
CORPORATION,  THE  STATE CEMETERY BOARD SHALL NOTIFY THE GOVERNING BOARD
OF THE MUNICIPALITY WHERE SUCH CEMETERY CORPORATION IS LOCATED AT  LEAST
ONE  HUNDRED AND TWENTY DAYS IN ADVANCE OF THE DATE OF EXPECTED ABANDON-
MENT. PRIOR TO ABANDONMENT, THE STATE CEMETERY BOARD SHALL WORK WITH THE
CEMETERY CORPORATION AND THE GOVERNING BOARD OR BOARDS  OF  THE  MUNICI-
PALITY OR MUNICIPALITIES IN WHICH THE CEMETERY CORPORATION IS LOCATED TO
ASSIST  IN  RECONSTITUTING  THE BOARD OF THE CEMETERY CORPORATION; OR TO
ARRANGE TO PROVIDE THE CEMETERY CORPORATION WITH TEMPORARY ASSISTANCE IN
OPERATING THE CEMETERY; OR TO LOCATE  ANOTHER  CEMETERY  CORPORATION  TO
TAKE  OVER  THE  CEMETERY  CORPORATION  SEEKING ABANDONMENT OR ANY OTHER
LAWFUL MEASURE THAT MIGHT PREVENT ABANDONMENT.  IN THE EVENT  THE  CEME-
TERY  CORPORATION BOARD IS NOT RECONSTITUTED OR IF THE CONDITION OF SUCH
ABANDONED CEMETERY PREVENTS EFFECTIVE MUNICIPAL TAKEOVER  WITHIN  NINETY
DAYS  OF  ABANDONMENT,  THE STATE CEMETERY BOARD SHALL APPOINT, WITH THE
CONSENT OF THE GOVERNING BOARD OF THE MUNICIPALITY, A TEMPORARY RECEIVER
TO MANAGE CEMETERY OPERATIONS UNTIL SUCH TIME THAT THE CEMETERY IS IN  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

S7835A (ACTIVE) - Details

See Assembly Version of this Bill:
A10515
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Add §1506-d, amd §1507, N-PC L; amd §291, Town L
Versions Introduced in 2019-2020 Legislative Session:
S1876, A1605

S7835A (ACTIVE) - Summary

Relates to the abandonment of cemeteries; notification and assistance.

S7835A (ACTIVE) - Sponsor Memo

S7835A (ACTIVE) - Bill Text download pdf


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

                                 7835--A

                            I N  S E N A T E

                              March 1, 2018
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Corporations, Author-
  ities 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 and the town law, in
  relation to the abandonment of cemeteries

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

  Section  1.  The not-for-profit corporation law is amended by adding a
new section 1506-d to read as follows:
§ 1506-D. CEMETERY ABANDONMENT NOTIFICATION AND ASSISTANCE.
  ANY CEMETERY CORPORATION THAT SHALL HAVE INSUFFICIENT GENERAL  OPERAT-
ING  FUNDS  WITH  WHICH  TO  CONTINUE OPERATIONS OR THAT DOES NOT HAVE A
BOARD SUFFICIENT TO CARRY ON OPERATIONS OF THE CEMETERY,  SHALL  PROVIDE
NOTICE  TO THE STATE CEMETERY BOARD AND THE GOVERNING BOARD OF THE MUNI-
CIPALITY OR MUNICIPALITIES IN WHICH THE CEMETERY IS LOCATED AT LEAST ONE
HUNDRED AND EIGHTY DAYS IN ADVANCE OF THE DATE OF  EXPECTED  ABANDONMENT
TO  A MUNICIPALITY.  UPON NOTIFICATION BY THE CEMETERY CORPORATION OR AS
A RESULT OF A REVIEW OF THE FINANCIAL AND CORPORATE STATUS OF A CEMETERY
CORPORATION, THE STATE CEMETERY BOARD SHALL NOTIFY THE  GOVERNING  BOARD
OF  THE MUNICIPALITY WHERE SUCH CEMETERY CORPORATION IS LOCATED AT LEAST
ONE HUNDRED AND TWENTY DAYS IN ADVANCE OF THE DATE OF EXPECTED  ABANDON-
MENT. PRIOR TO ABANDONMENT, THE STATE CEMETERY BOARD SHALL WORK WITH THE
CEMETERY  CORPORATION  AND  THE GOVERNING BOARD OR BOARDS OF THE MUNICI-
PALITY OR MUNICIPALITIES IN WHICH THE CEMETERY CORPORATION IS LOCATED TO
ASSIST IN RECONSTITUTING THE BOARD OF THE CEMETERY  CORPORATION;  OR  TO
ARRANGE TO PROVIDE THE CEMETERY CORPORATION WITH TEMPORARY ASSISTANCE IN
OPERATING  THE  CEMETERY;  OR  TO LOCATE ANOTHER CEMETERY CORPORATION TO
TAKE OVER THE CEMETERY CORPORATION  SEEKING  ABANDONMENT  OR  ANY  OTHER
LAWFUL  MEASURE  THAT MIGHT PREVENT ABANDONMENT.  IN THE EVENT THE CEME-
TERY CORPORATION BOARD IS NOT RECONSTITUTED OR IF THE CONDITION OF  SUCH
ABANDONED  CEMETERY  PREVENTS EFFECTIVE MUNICIPAL TAKEOVER WITHIN NINETY
DAYS OF ABANDONMENT, THE STATE CEMETERY BOARD SHALL  APPOINT,  WITH  THE
CONSENT OF THE GOVERNING BOARD OF THE MUNICIPALITY, A TEMPORARY RECEIVER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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