Senate Bill S4610

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4610
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2019
                                ___________
 
 Introduced  by  Sen.  SAVINO -- 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 sale
   of monuments
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The fourth undesignated paragraph and the closing paragraph
 of  section 7 of the religious corporations law, the fourth undesignated
 paragraph as added by chapter 560 of the laws of 1998  and  the  closing
 paragraph  as amended by chapter 296 of the laws of 2018, are amended to
 read as follows:
   No religious corporation owning, managing or  controlling  a  cemetery
 shall, directly or indirectly:
   (a)  sell,  or  have, enter into or perform a lease of any of its real
 property dedicated to cemetery purposes or adjacent thereto to a funeral
 entity, or use any of its property for locating a funeral entity;
   (b) commingle its funds with a funeral entity;
   (c) direct or carry on its cemetery related business or affairs with a
 funeral entity;
   (d) authorize control of its cemetery related business or affairs by a
 funeral entity;
   (e) engage in any sale or cross-marketing of goods or services with  a
 funeral entity;
   (f)  have,  enter into or perform a management or service contract for
 cemetery operations with a funeral entity; [or]
   (g) have, enter into or perform a management contract with any  entity
 other than a not-for-profit cemetery or religious corporation[.];
   (H)  ENGAGE IN THE SALE OF MONUMENTS, NOT INCLUDING FLUSH BRONZE MARK-
 ERS, NOR SHALL SUCH MONUMENTS BE DISPLAYED FOR SALE ON THE PROPERTY OF A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10441-01-9
              

 S. 4610                             2

 RELIGIOUS CORPORATION, WHETHER SUCH  PROPERTY  IS  LOCATED  ON  CEMETERY
 GROUNDS OR ELSEWHERE; OR
   (I) AUTHORIZE OR PERMIT ANY EMPLOYEE OR TRUSTEE OR DIRECTOR THEREOF TO
 ADVERTISE OR MAKE KNOWN HIS OR HER RELATIONSHIP TO SUCH RELIGIOUS CORPO-
 RATION  OR  CEMETERY  IF SUCH PERSON IS ENGAGED IN THE SALE OF MONUMENTS
 OUTSIDE OF HIS OR HER EMPLOYMENT BY OR AFFILIATION  WITH  THE  RELIGIOUS
 CORPORATION OR THE CEMETERY.
   Only  the  provisions  of subparagraphs (a) [and], (b), (H) AND (I) of
 the [previous] FOURTH UNDESIGNATED paragraph OF THIS SECTION 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 ceme-
 teries.  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 unless a management
 contract  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 columbari-
 um, 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.  This  act shall take effect on the thirtieth day after it shall
 have become a law.