The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    490
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02762-01-3

 S. 490                              2
 
 the repair of cemetery vandalism damage and the  repair  or  removal  of
 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
 S. 490                              3
 
 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:
   (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.