Assembly Bill A11286

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11286
 
                           I N  A S S E M B L Y
 
                                May 8, 2026
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. McDonald) --
   read  once  and referred to the Committee on Corporations, Authorities
   and Commissions
 
 AN ACT to amend the not-for-profit  corporation  law  and  the  estates,
   powers and trusts law, in relation to perpetual care of cemeteries
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of section 1507 of the not-for-profit  corpo-
 ration law is amended by adding a new subparagraph 4 to read as follows:
   (4)  IN  THOSE  INSTANCES WHERE SUCH FUNDS HAVE ANY EXECUTOR OR EXECU-
 TORS, OR TRUSTEE OR TRUSTEES, UNDER A LAST WILL AND  TESTAMENT  TO  WHOM
 THERE HAS HERETOFORE BEEN, OR MAY HEREAFTER BE, BEQUEATHED A SUM FOR THE
 PERPETUAL CARE OF ANY LOT, PLOT OR PART THEREOF, SUCH EXECUTOR OR EXECU-
 TORS,  OR  TRUSTEE  OR  TRUSTEES SHALL DISCLOSE AT LEAST BIENNIALLY, THE
 BALANCE OF FUNDS IN ANY SUCH TRUST ESTATE TO  THE  CEMETERY  ASSOCIATION
 FOR  WHICH  SUCH  TRUST  IS DEDICATED UNTIL SUCH TIME AS THE SURROGATE'S
 COURT HAVING JURISDICTION OVER SUCH TRUST ESTATE SHALL APPROVE AN AGREE-
 MENT UNDER SUBPARAGRAPH THREE OF THIS PARAGRAPH.
   § 2. Section 8-1.5 of the estates, powers and trusts  law,  as  renum-
 bered by chapter 686 of the laws of 1967, is amended to read as follows:
 § 8-1.5 Trusts for cemetery purposes
   Dispositions  of  property  in  trust for the purpose of the perpetual
 care, maintenance, improvement or embellishment of cemeteries or private
 burial lots in cemeteries, and the roadways, lawns, hedges, walks, fenc-
 es, monuments, structures and  tombs  in  such  cemeteries  or  on  such
 private burial lots are permitted and shall be deemed to be for charita-
 ble and benevolent purposes. Such dispositions are not invalid by reason
 of  any indefiniteness or uncertainty of the persons designated as bene-
 ficiaries, nor shall they be invalid  as  violating  any  existing  rule
 against perpetuities. Nothing herein contained shall affect any existing
 authority of the courts to determine the reasonableness of the amount of
 such  disposition.  ALL SUCH DISPOSITIONS SHALL BE DISCLOSED TO A DESIG-
 NATED CEMETERY ASSOCIATION WITHIN SIXTY  DAYS  OF  THEIR  ESTABLISHMENT.
 FOR  ALL  EXISTING  DISPOSITIONS  NOT HELD OR ADMINISTERED BY A CEMETERY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15810-01-6
 A. 11286                            2
 
 ASSOCIATION, MADE PRIOR TO DECEMBER THIRTY-FIRST  TWO  THOUSAND  TWENTY-
 SIX,  SUCH  DISCLOSURES SHALL BE MADE TO THE DESIGNATED CEMETERY ASSOCI-
 ATION BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SEVEN. Any  cemetery
 association  may  act  as  trustee  of  and  execute any such trust with
 respect to lots, roadways,  lawns,  hedges,  walks,  fences,  monuments,
 structures  and tombs both within its own cemetery limits and outside of
 any cemetery under its control but within the county where such cemetery
 is located, whether or not such power is included  among  its  corporate
 powers.  ANY  TRUSTEE OF SUCH FUNDS WHICH IS NOT A CEMETERY ASSOCIATION,
 SHALL DISCLOSE AT LEAST BIENNIALLY, THE BALANCE OF  FUNDS  IN  ANY  SUCH
 TRUST  TO  THE  CEMETERY  ASSOCIATION FOR WHICH SUCH TRUST IS DEDICATED.
 SUCH INITIAL DISCLOSURE SHALL BE MADE WITHIN ONE YEAR OF  THE  EFFECTIVE
 DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-SIX WHICH AMENDED
 THIS SECTION.
   § 3. This act shall take effect immediately.