S T A T E   O F   N E W   Y O R K
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                                   1477
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the  not-for-profit  corporation  law,  in  relation  to
   authorizing the maintenance of abandoned cemeteries
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (h) of section 1507 of the not-for-profit  corpo-
 ration  law,  as amended by chapter 380 of the laws of 2000 and subpara-
 graph 4 as amended by chapter 363 of the laws of  2009,  is  amended  to
 read as follows:
   (h)  Vandalism,  abandonment and monument repair or removal. (1) Ceme-
 teries 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 ceme-
 tery doors and locks, for the restoration of property damaged by acts of
 vandalism, and for the repair or removal of monuments or  other  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 secretary of state,
 the attorney general and the commissioner of health, or their designees,
 who shall serve without additional compensation.
   (2) The fund shall be financed by contributions by the cemetery corpo-
 rations of not more than five dollars ($5.00) per interment or cremation
 in a manner to be determined by the New York state  cemetery  board.  No
 contributions shall be collected upon the interment of the cremains of a
 deceased person where a contribution was collected upon cremations.
   (3)  The  moneys of the fund shall be expended equally for the mainte-
 nance of abandoned cemeteries previously owned by a corporation incorpo-
 rated pursuant to this chapter or the membership  corporations  law  and
 the  repair  of  cemetery  vandalism damage and the repair or removal of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02762-01-3
              

 A. 1477                             2
 
 monuments or other  markers  not  owned  by  the  cemetery  corporation,
 provided,  however,  that  the cemetery board may determine that circum-
 stances necessitate an unequal distribution due to  specific  needs  and
 may  provide  for  such  distribution. For purposes of this section, the
 maintenance of abandoned cemeteries  may  include  the  construction  of
 cemetery  fences,  placement  of  cemetery  lights, REMOVAL OF GRASS AND
 WEEDS, DEMOLITION OR RESTORATION  OF  ANY  BUILDINGS  OR  STRUCTURES  IN
 DISREPAIR,  THE  REFILLING OF GRAVES, THE REPAIR OR REMOVAL OF MONUMENTS
 OR OTHER MARKERS NOT OWNED BY THE CEMETERY CORPORATION THAT HAVE  FALLEN
 INTO  DISREPAIR  OR  DILAPIDATION SO AS TO CREATE A DANGEROUS CONDITION,
 and replacement of cemetery doors and locks. FOR THE  PURPOSES  OF  THIS
 PARAGRAPH, THE TERM "ABANDONED CEMETERY" MAY INCLUDE CEMETERIES IN IMMI-
 NENT  DANGER OF ABANDONMENT AS DETERMINED BY THE NEW YORK STATE CEMETERY
 BOARD.
   (4) Authorization for payments by the fund for maintenance of an aban-
 doned cemetery shall be  made  by  the  secretary  of  state  only  upon
 approval  by  the  cemetery board of an application by a municipality or
 other solvent not-for-profit cemetery corporation, OR A SOLVENT NOT-FOR-
 PROFIT CEMETERY CORPORATION THAT MERGES WITH AN ABANDONED CEMETERY IN  A
 CITY PURSUANT TO SECTION FIFTEEN HUNDRED SIX-D OF THIS ARTICLE, 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,  OR  A  SOLVENT NOT-FOR-PROFIT CEMETERY CORPORATION
 THAT MERGES WITH AN ABANDONED CEMETERY IN A  CITY  PURSUANT  TO  SECTION
 FIFTEEN HUNDRED SIX-D OF THIS ARTICLE; provided, however, that the ceme-
 tery  board  shall  not  approve any such application unless the munici-
 pality [or],  other  solvent  not-for-profit  cemetery  corporation,  OR
 SOLVENT  NOT-FOR-PROFIT  CEMETERY  CORPORATION THAT MERGES WITH AN ABAN-
 DONED CEMETERY IN A CITY PURSUANT TO SECTION FIFTEEN  HUNDRED  SIX-D  OF
 THIS  ARTICLE  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, OR THE SOLVENT  NOT-FOR-PROFIT  CEMETERY  CORPORATION  THAT
 MERGES  WITH AN ABANDONED CEMETERY IN A CITY PURSUANT TO SECTION FIFTEEN
 HUNDRED SIX-D OF THIS ARTICLE. 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 only on approval by the
 New York state cemetery board which shall determine:
   (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 only on approval by the New York
 state cemetery board on application by the cemetery corporation showing:
 A. 1477                             3
 
   (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.
   (7)  The New York state cemetery board shall promulgate rules defining
 standards of maintenance, as well as what type of vandalism  or  out  of
 repair  or  dilapidated  monuments  or  other  markers shall qualify for
 payment of repair or removal by the fund and the method  and  amount  of
 payment of contributions described in subparagraph two of this paragraph
 upon  the  recommendation  of the state cemetery board citizens advisory
 council created by section  fifteen  hundred  seven-a  of  this  article
 (State  cemetery  board  citizens advisory council).  THE NEW YORK STATE
 CEMETERY BOARD SHALL APPROVE OR DENY ANY APPLICATION  MADE  PURSUANT  TO
 THIS  SECTION  NO  LATER  THAN  SIXTY  DAYS AFTER RECEIPT OF A COMPLETED
 APPLICATION.
   (8) Nothing contained in this paragraph is to be construed as giving a
 cemetery corporation an  "insurable  interest"  in  monuments  or  other
 embellishments  on a plot, lot or part thereof, nor is it meant to imply
 that the cemetery  corporation  has  any  responsibility  for  repairing
 vandalism damage not covered by this fund, nor for repairing or removing
 out of repair or dilapidated monuments or other markers not owned by the
 cemetery  corporation, nor shall it constitute the doing of an insurance
 business.
   § 2. Section 1506-d of the not-for-profit corporation law  is  amended
 by adding a new subdivision (d) to read as follows:
   (D) ANY CEMETERY CORPORATION WHICH ASSUMES MANAGEMENT AND OPERATION OF
 A  CEMETERY  LOCATED  IN  ANY  CITY THROUGH MERGER AS AUTHORIZED BY THIS
 SECTION, SHALL BE DISCHARGED FROM REPAYMENT OF ANY PAYMENTS DUE FROM THE
 CITY CEMETERY TO ITS OWN FUNDS FROM PREVIOUS  OPERATIONS  AND  LOANS  TO
 ITSELF  INCLUDING  BUT  NOT  LIMITED  TO  ANY PERMANENT MAINTENANCE FUND
 LOANS.
   § 3. This act shall take effect immediately.