S T A T E O F N E W Y O R K
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10638
I N A S S E M B L Y
June 10, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Sayegh) --
read once and referred to the Committee on Corporations, Authorities
and Commissions
AN ACT to amend the not-for-profit corporation law, the executive law,
the state finance law and the general municipal law, in relation to
moving the division of cemeteries from the department of state to the
department of health
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of section 1504 of the not-for-profit corpo-
ration law, as added by chapter 871 of the laws of 1977, is amended to
read as follows:
(a) A cemetery board is hereby created within the division of ceme-
teries in the department of [state] HEALTH, subject to the following
requirements: (1) The members of such board shall be THE COMMISSIONER
OF HEALTH, the secretary of state[,] AND the attorney general [and the
commissioner of health], who shall serve without additional compen-
sation. (2) The COMMISSIONER OF HEALTH, THE secretary of state[,] AND
THE attorney general [and commissioner of health] may each, by official
order filed in the office of his OR HER respective department and in the
office of the board, designate a deputy or other representative in his
OR HER department to perform any or all of the duties under this section
of the department head making such designation, as may be provided in
such order. Such designation shall be deemed temporary only and shall
not affect the civil service or retirement rights of any person so
designated. Such designees shall serve without additional compensation.
(3) The [secretary of state] COMMISSIONER OF HEALTH shall be [chairman]
CHAIRPERSON of such board, provided that in his OR HER absence at any
meeting of the board the SECRETARY OF STATE OR THE attorney general [or
the commissioner of health], in such order, if either or both be pres-
ent, shall act as [chairman] CHAIRPERSON. When designees of such offi-
cers, in the absence of all such officers, are present at any meeting of
the board, the designee of the [secretary of state] COMMISSIONER OF
HEALTH, if present, and in his OR HER absence one of the other designees
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16274-01-0
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present, in the same order of preference as provided for the officer
appointing him OR HER, shall act as [chairman] CHAIRPERSON. (4) Techni-
cal, legal or other services shall be performed in so far as practicable
by personnel of the departments of [state, law and health] HEALTH, STATE
AND LAW without additional compensation but the board may employ and
compensate within appropriations available therefor such assistants and
employees as may be necessary to carry out the provisions of this
section and may prescribe their powers and duties. (5) Two members of
the board shall constitute a quorum to transact the business of the
board at both regular and special meetings. (6) The board shall meet at
least once a month, shall keep a record of all its proceedings and shall
determine the rules of its own proceedings. (7) Special meetings may
be called by the [chairman] CHAIRPERSON upon his OR HER initiative, and
must be called by him OR HER upon receipt of a written request therefor
signed by another member of the board. Written notice of the time and
place of such special meeting shall be delivered to the office of each
member of the board. (8) The board shall have the duty of administer-
ing the provisions of this chapter which deal with cemetery corporations
other than the cemeteries and cemetery corporations enumerated in
section fifteen hundred three OF THIS ARTICLE and shall have all the
powers herein provided and such other powers and duties as may be other-
wise prescribed by law.
§ 2. Paragraph (b) of section 1401 of the not-for-profit corporation
law, as amended by section 34 of part AA of chapter 56 of the laws of
2019, is amended to read as follows:
(b) Removal of remains from private cemeteries to other cemeteries.
The supervisor of any town containing a private cemetery may remove any
body interred in such cemetery to any other cemetery within the town, if
the owners of such cemeteries and the next of kin of the deceased
consent to such removal. The owners of a private cemetery may remove the
bodies interred therein to any other cemetery within such town, or to
any cemetery designated by the next of kin of the deceased. Notice of
such removal shall be given within twenty days before such removal
personally or by certified mail to the next of kin of the deceased if
known and to the clerk and historian of the county in which such real
property is situated and notice shall be given to the New York state
department of [state] HEALTH, division of cemeteries. If any of the
deceased are known to be veterans, the owners shall also notify the
division of veterans' services. In the absence of the next of kin, the
county clerk, county historian or the division of veterans' services may
act as a guardian to ensure proper reburial.
§ 3. Paragraph (c) of section 1502 of the not-for-profit corporation
law, as added by chapter 871 of the laws of 1977, is amended to read as
follows:
(c) The term "cemetery board" means the cemetery board in the division
of cemeteries in the department of [state] HEALTH.
§ 4. Subparagraphs 1, 4, 5 and 6 of paragraph (h) of section 1507 of
the not-for-profit corporation law, subparagraphs 1, 5 and 6 as amended
by chapter 380 of the laws of 2000 and subparagraph 4 as amended by
chapter 363 of the laws of 2009, are amended to read as follows:
(1) Cemeteries incorporated under this article shall contribute to a
fund created pursuant to section ninety-seven-r of the state finance law
for the maintenance of abandoned cemeteries, including the construction
of cemetery fences, placement of cemetery lights and replacement of
cemetery doors and locks, for the restoration of property damaged by
acts of vandalism, and for the repair or removal of monuments or other
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markers not owned by the cemetery corporation that have fallen into
disrepair or dilapidation so as to create a dangerous condition. Such
fund shall be administered by a board of trustees comprised of the
COMMISSIONER OF HEALTH, THE secretary of state[,] AND the attorney
general [and the commissioner of health], or their designees, who shall
serve without additional compensation.
(4) Authorization for payments by the fund for maintenance of an aban-
doned cemetery shall be made by the [secretary of state] COMMISSIONER OF
HEALTH only upon approval by the cemetery board of an application by a
municipality or other solvent not-for-profit cemetery corporation for
fair and reasonable expenses required to be made by the municipality or
other solvent not-for-profit cemetery corporation for maintenance of an
abandoned cemetery; provided, however, that the cemetery board shall not
approve any such application unless the municipality or other solvent
not-for-profit cemetery corporation acknowledges that the responsibility
for restoration and future care, preservation, and maintenance of such
cemetery has been assumed by the municipality or other solvent not-for-
profit cemetery corporation. For the purposes of this paragraph, such
cemetery shall always be deemed an abandoned cemetery.
(5) Authorization for payments by the fund for the repair of vandalism
damage shall be made by the [secretary of state] COMMISSIONER OF HEALTH
only on approval by the New York state cemetery board which shall deter-
mine:
(i) that an act of vandalism to the extent described by the cemetery
corporation did take place;
(ii) that either a written report of the vandalism was filed with the
local police or sheriff's department, or, that the cemetery, upon
consent of the division, made a determination not to file the report
because the publicity generated by filing the report would have adverse
consequences for the cemetery;
(iii) that the cost of repairs is fair and reasonable; and
(iv) that the cemetery corporation has been unable to obtain funds
from the lot owner, his spouse, devisees or descendants within a reason-
able period of time nor are there adequate funds in the cemetery corpo-
rations monument maintenance fund, if such a fund has been established
by the cemetery.
(6) Authorization for payments by the fund for the repair or removal
of monuments or other markers not owned by the cemetery corporation
shall be made by the [secretary of state] COMMISSIONER OF HEALTH only on
approval by the New York state cemetery board on application by the
cemetery corporation showing:
(i) that the monuments or markers are so badly out of repair or dila-
pidated as to create a dangerous condition;
(ii) that the cost of remedying the condition is fair and reasonable;
(iii) that the cemetery corporation has given not less than sixty days
notice to the last known owner to repair or remove the monument or other
marker and the said owner has failed to do so within the time prescribed
in said notice.
§ 5. Paragraph (b) of section 1507-a of the not-for-profit corporation
law, as added by chapter 895 of the laws of 1990, is amended to read as
follows:
(b) The advisory council shall be composed of a member designated by
the COMMISSIONER OF HEALTH, A MEMBER DESIGNATED BY THE secretary of
state, a member designated by the attorney general, [a member designated
by the commissioner of health,] a member designated by the comptroller
and a member designated by the commissioner of taxation and finance. The
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appointees to the advisory council shall not be employees of the DEPART-
MENT OF HEALTH, department of state, department of law, [department of
health,] department of audit and control or department of taxation and
finance. Each of the members shall serve for a term of two years,
provided, however, that the first appointments by the comptroller and
commissioner of taxation and finance shall serve for a term of one
year. Vacancies occurring other than by expiration of term shall be
filled in the same manner as the original appointments for the balance
of the unexpired term. Persons designated or appointed to the advisory
council shall have demonstrated a long-standing interest, knowledge and
experience in the care and preservation of gravesites. One member shall
be elected [chairman] CHAIRPERSON of the advisory council by a majority
vote of the members of such council.
§ 6. Paragraph (l) of section 1510 of the not-for-profit corporation
law, as added by chapter 821 of the laws of 1992, is amended to read as
follows:
(l) Removal of monument. No person or organization shall remove a
monument without authorization in the form of a court order from a court
of competent jurisdiction, or without the written authorization of the
owner of a burial plot, or the lineal descendants of the deceased, if
such owner or lineal descendants are known, and without obtaining writ-
ten approval from a duly incorporated cemetery association, which asso-
ciation shall keep a record of all such written approvals. The
provisions of this section shall not prohibit the removal, in accordance
with rules and regulations promulgated by the [secretary of state]
COMMISSIONER OF HEALTH, of a monument for the purpose of repair, nonpay-
ment or adding inscriptions as authorized by a cemetery association or
as permitted in this article. A violation of any provision of this para-
graph shall be punishable by a fine not to exceed five hundred dollars.
§ 7. The opening paragraphs of paragraphs (a) and (b) of subdivision 2
of section 365 of the executive law, as amended by section 11 of part AA
of chapter 56 of the laws of 2019, are amended to read as follows:
The division, in cooperation with the United States department of
veterans affairs, and in consultation with, and upon the support of the
department of [state] HEALTH division of cemeteries, is hereby directed
to conduct an investigation and study on the issue of the construction
and establishment of the first New York state veterans' cemetery. Such
investigation and study shall include, but not be limited to:
Prior to the commencement of the investigation and study pursuant to
paragraph (a) of this subdivision, the director of the division of
veterans' services, the director of the division of the budget, the
director of the department of [state's] HEALTH'S division of cemeteries,
and the office of the state comptroller must certify to the governor,
the temporary president of the senate, the speaker of the assembly, the
chair of the senate finance committee and the chair of the assembly ways
and means committee that the veterans remembrance and cemetery mainte-
nance and operation fund, created pursuant to section ninety-seven-mmmm
of the state finance law, contains moneys sufficient, adjusted to
reflect projected future inflation, to fund the operation, maintenance
and the provision of perpetual care of a state veterans' cemetery for a
period of not less than fifteen years, provided that such amount shall
not include any amount that shall be reimbursed or contributed to the
cemetery from the government of the United States or any amount that
would be recoverable by the cemetery pursuant to a charge of fee for the
provision of a grave site for a non-veteran spouse or family member. In
making such a certification, the director of the division of veterans'
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services, the director of the division of the budget, the director of
the department of [state's] HEALTH'S division of cemeteries, and the
office of the state comptroller shall consider, but are not limited to,
the following factors:
§ 8. Subdivision 3 of section 97-r of the state finance law, as added
by chapter 495 of the laws of 1988, is amended to read as follows:
3. Moneys of the fund may be expended for the purposes provided in
subparagraph three of paragraph (h) of section fifteen hundred seven of
the not-for-profit corporation law according to the requirements of such
paragraph (h). Moneys shall be paid out of the fund on the audit and
warrant of the state comptroller on vouchers certified or approved by
the [secretary of state] COMMISSIONER OF HEALTH.
§ 9. Subdivision 2 of section 165 of the general municipal law, as
added by chapter 363 of the laws of 1996, is amended to read as follows:
2. The cemetery division of the department of [state] HEALTH is hereby
authorized and directed to assist any municipal corporation in the
organization, implementation and administration of a volunteer cemetery
maintenance and cleanup program at the request of such municipal corpo-
ration. The department of [state] HEALTH is hereby authorized and
directed to promulgate rules and regulations setting forth the manner
and form of such assistance and request.
§ 10. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.