NY State Senate Bill 2025-S9468A

Current Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 05, 2026	committed to rules
Jun 01, 2026	amended on third reading (t) 9468a
May 21, 2026	advanced to third reading
May 20, 2026	2nd report cal.
May 19, 2026	1st report cal.1228
Mar 16, 2026	referred to corporations, authorities and commissions

Votes

- May 19, 2026 - Corporations, Authorities And Commissions Committee Vote
  S9468A
  
  Aye
  
  7
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Corporations, Authorities And Commissions Committee Vote: May 19, 2026
      
      aye (7)
      
      Bottcher
      
      Cleare
      
      Comrie
      
      Martins
      
      Mattera
      
      Ramos
      
      Skoufis

Bill Amendments

Original

A (Active)

2025-S9468 - Details

See Assembly Version of this Bill:: A11286
Current Committee:: Senate Rules
Law Section:: Not-for-Profit Corporation Law
Laws Affected:: Amd §1507, N-PC L; amd §8-1.5, EPT L

2025-S9468 - Summary

Requires biennial disclosure by trustees or executors of amounts in trust for the perpetual care of cemetery lots to a cemetery association.

2025-S9468 - Sponsor Memo

                                 
BILL NUMBER: S9468

SPONSOR: FAHY
 
TITLE OF BILL:

An act to amend the not-for-profit corporation law, in relation to the
administration of dormant lot-specific cemetery trusts

 
PURPOSE:

To allow cemetery corporations in New York State to assume custodianship
of dormant lot-specific cemetery trusts when no trustee, heir, or
responsible party has been identified for an extended period of time.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 1507-b to the not-for-profit corporation
law establishing procedures for the administration of dormant lot-spe-
cific cemetery trusts.

Section 2 provides the effective date.

 
JUSTIFICATION:

Many cemetery lots in New York State have been historically established
with lot-specific trusts intended to fund the maintenance, care, and
preservation of a particular burial plot. Over time, however, some of
these trusts have become dormant because the original trustee has passed
away, no successor trustee was designated, and no heirs or other inter-
ested parties have come forward to provide direction regarding the
trust. Under current law, there is no clear administrative mechanism for
cemeteries to manage these dormant trusts. As a result, funds intended
for the care and preservation of cemetery lots have remained unused or
difficult to administer to ensure the ongoing maintenance of the lot.

This legislation addresses this gap by allowing cemetery corporations to
voluntarily assume custodianship of dormant lot-specific trusts when no
trustee, successor, or identifiable interested party has exercised
authority over the trust for a period of thirty years. The legislation
requires funds to remain restricted assets and may not be diverted to
general cemetery operations. The cemetery must maintain separate
accounting for each trust and administer the funds according to the
original intent of the trust instrument. Additionally, the bill protects
the rights of heirs, descendants, or other interested persons, who may
come forward at any time to assert their interest and provide direction
for the trust.

By allowing cemetery corporations to administer these dormant trusts,
this bill ensures that funds originally set aside for the maintenance
and preservation of burial lots can continue to be used for their
intended purpose.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S9468 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9468
 
                             I N  S E N A T E
 
                              March 16, 2026
                                ___________
 
 Introduced  by  Sen.  FAHY  --  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 the
   administration of dormant lot-specific cemetery trusts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The not-for-profit corporation law is amended by adding a
 new section 1507-b to read as follows:
 § 1507-B. ADMINISTRATION OF DORMANT LOT-SPECIFIC TRUSTS.
   (A) DEFINITIONS. FOR PURPOSES OF THIS  SECTION,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (1)   "LOT-SPECIFIC  TRUST"  MEANS  ANY  TRUST,  FUND,  ENDOWMENT,  OR
 RESTRICTED ACCOUNT ESTABLISHED FOR THE MAINTENANCE, CARE,  PRESERVATION,
 ORNAMENTATION, OR IMPROVEMENT OF A PARTICULAR CEMETERY LOT, PLOT, GRAVE,
 OR BURIAL SPACE.
   (2)  "DORMANT  LOT-SPECIFIC TRUST" SHALL MEAN A LOT-SPECIFIC TRUST FOR
 WHICH:
   (I) NO LIVING TRUSTEE IS KNOWN TO EXIST;
   (II) NO SUCCESSOR TRUSTEE IS DESIGNATED IN THE  GOVERNING  INSTRUMENT;
 AND
   (III) NO WRITTEN DIRECTION, CLAIM, OR DOCUMENTED EXERCISE OF AUTHORITY
 BY  A  PERSON  ENTITLED TO ENFORCE OR ADMINISTER SUCH TRUST HAS OCCURRED
 FOR A PERIOD OF THIRTY YEARS.
   (B) DETERMINATION OF DORMANCY.  DETERMINATION  OF  DORMANCY  SHALL  BE
 BASED  SOLELY  UPON  THE  BOOKS  AND  RECORDS MAINTAINED BY THE CEMETERY
 CORPORATION IN THE ORDINARY COURSE OF BUSINESS. NOTHING IN THIS  SECTION
 SHALL  REQUIRE  A CEMETERY CORPORATION TO CONDUCT GENEALOGICAL RESEARCH,
 INDEPENDENT INVESTIGATION, OR EXTRAORDINARY EFFORTS TO  LOCATE  TRUSTEES
 OR DESCENDANTS.
   (C)  STATUTORY SUCCESSOR CUSTODIAN. UPON DETERMINATION THAT A LOT-SPE-
 CIFIC TRUST IS DORMANT, THE CEMETERY CORPORATION  MAY  ELECT  TO  ASSUME
 STATUTORY CUSTODIANSHIP OF SUCH TRUST FOR ADMINISTRATIVE PURPOSES, WITH-
 OUT  THE NECESSITY OF COURT APPOINTMENT, AND SHALL ADMINISTER SUCH TRUST
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15191-01-6
 S. 9468                             2
 
 IN ACCORDANCE WITH THE FIDUCIARY STANDARDS APPLICABLE UNDER  THIS  ARTI-
 CLE.
   (D)  PRESERVATION  OF  RESTRICTED  STATUS;  NO  COMMINGLING. (1) FUNDS
 SUBJECT TO  CUSTODIANSHIP  UNDER  THIS  SECTION  SHALL  REMAIN  SEPARATE
 RESTRICTED  TRUST  ASSETS  AND SHALL NOT BE DEEMED PART OF THE PERMANENT
 MAINTENANCE FUND ESTABLISHED PURSUANT TO SECTION FIFTEEN  HUNDRED  SEVEN
 OF THIS ARTICLE UNLESS ORIGINALLY CONSTITUTED AS PART OF SUCH FUND.
   (2)  SUCH  FUNDS  SHALL  NOT  REVERT  TO OR BECOME PART OF THE GENERAL
 ASSETS OF THE CEMETERY CORPORATION.
   (3) CUSTODIANSHIP PURSUANT TO THIS SECTION SHALL NOT EXPAND, DIMINISH,
 OR OTHERWISE ALTER  THE  PERMISSIBLE  USE  OF  PRINCIPAL  OR  INCOME  AS
 PROVIDED IN THE ORIGINAL GOVERNING INSTRUMENT OF THE TRUST.
   (4)  FUNDS  ADMINISTERED  PURSUANT TO THIS SECTION SHALL NOT BE DEEMED
 ABANDONED PROPERTY UNDER THE ABANDONED PROPERTY LAW.
   (5) SEPARATE ACCOUNTING PURSUANT TO THIS SECTION SHALL NOT REQUIRE THE
 ESTABLISHMENT OF SEPARATE BANK OR  INVESTMENT  ACCOUNTS,  PROVIDED  THAT
 FUNDS  ARE  IDENTIFIABLE  THROUGH  APPROPRIATE  BOOKKEEPING AND INTERNAL
 RECORDS.
   (E) ACCOUNTING AND OVERSIGHT. THE CEMETERY CORPORATION SHALL  MAINTAIN
 SEPARATE  ACCOUNTING  RECORDS  FOR  EACH  DORMANT LOT-SPECIFIC TRUST AND
 SHALL ADMINISTER SUCH TRUST SUBJECT TO THE SAME INVESTMENT STANDARDS AND
 REPORTING OBLIGATIONS APPLICABLE TO  TRUST  FUNDS  UNDER  THIS  ARTICLE.
 NOTHING  IN  THIS SECTION SHALL CREATE ADDITIONAL ANNUAL REPORTING OBLI-
 GATIONS BEYOND THOSE OTHERWISE REQUIRED UNDER THIS ARTICLE.
   (F) RIGHT OF CLAIM BY DESCENDANTS OR INTERESTED PERSONS. ANY  DESCEND-
 ANT,  HEIR,  OR  PERSON  DEMONSTRATING  A FAMILIAL, OWNERSHIP, OR LAWFUL
 INTEREST IN THE BURIAL LOT ASSOCIATED WITH A DORMANT LOT-SPECIFIC  TRUST
 MAY,  AT  ANY  TIME, SUBMIT REASONABLE PROOF OF SUCH RELATIONSHIP TO THE
 CEMETERY CORPORATION AND SHALL THEREAFTER BE RECOGNIZED AS  ENTITLED  TO
 PROVIDE DIRECTION CONSISTENT WITH THE PURPOSES OF THE TRUST.
   (G)  JUDICIAL  REVIEW.  ANY  DISPUTE ARISING UNDER THIS SECTION MAY BE
 BROUGHT BEFORE THE SUPREME COURT IN THE JUDICIAL DISTRICT IN  WHICH  THE
 CEMETERY IS LOCATED.
   (H) CONSTRUCTION. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO EXTIN-
 GUISH THE PURPOSE OF ANY LOT-SPECIFIC TRUST OR TO AUTHORIZE DIVERSION OF
 TRUST  PRINCIPAL OR INCOME FOR PURPOSES UNRELATED TO THE CARE, PRESERVA-
 TION, OR IMPROVEMENT OF THE ASSOCIATED LOT.
   § 2. This act shall take effect immediately.

2025-S9468A (ACTIVE) - Details

See Assembly Version of this Bill:: A11286
Current Committee:: Senate Rules
Law Section:: Not-for-Profit Corporation Law
Laws Affected:: Amd §1507, N-PC L; amd §8-1.5, EPT L

2025-S9468A (ACTIVE) - Summary

Requires biennial disclosure by trustees or executors of amounts in trust for the perpetual care of cemetery lots to a cemetery association.

2025-S9468A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9468A

SPONSOR: FAHY
 
TITLE OF BILL:

An act to amend the not-for-profit corporation law and the estates,
powers and trusts law, in relation to perpetual care of cemeteries

 
PURPOSE:

This bill will establish reporting requirements to executors or trustees
of a testamentary trust that includes a bequeathed sum for the perpetual
care of a cemetery plot to disclose the balance of such funds to the
cemetery where such perpetual care fund has been dedicated.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision (b) of section 1507 of the not-for-profit
corporation law.

Section 2 amends section 8-1.5 of the estates, powers, and trusts law.

Section 3 sets the effective date.

 
JUSTIFICATION:

In many instances, trusts specifically created for a cemetery lot main-
tenance, are so old that current family members are unaware of the
existence of the trusts which were created to repair and restore' family
lots, graves and monuments. Added to this lack of available information
will frequently be changes in the structures of organizations and trus-
tees that have handled these trusts which may have been established more
than 100 years ago.

The restoration of monuments and memorial structures on cemetery lots
are the responsibility of lot holders as they have the ownership of the)
memorialization and are the heirs of those lots. Recent discoveries of
previously unknown cemetery specific trusts have highlighted the need
for transparency and regular disclosure of the existence of these
trusts. This is particularly important as many of these grave sites have
significant maintenance and care requirements that current heirs do not
have the financial resources to provide.

Transparent cemetery reporting ensures families don't face unnecessary
financial burdens when dedicated maintenance funds were already set
aside generations ago.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S9468A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9468--A
     Cal. No. 1228
 
                             I N  S E N A T E
 
                              March 16, 2026
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and  Commissions -- reported favorably from said committee, ordered to
   first and second report, ordered  to  a  third  reading,  amended  and
   ordered reprinted, retaining its place in the order of third reading

 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15191-02-6
 S. 9468--A                          2
 
 NATED  CEMETERY  ASSOCIATION  WITHIN  SIXTY DAYS OF THEIR ESTABLISHMENT.
 FOR ALL EXISTING DISPOSITIONS NOT HELD OR  ADMINISTERED  BY  A  CEMETERY
 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.

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Senate Bill S9468A

Sponsored By

Current Bill Status - In Senate Committee Rules Committee

Actions

Votes

May 19, 2026 - Corporations, Authorities And Commissions Committee Vote

Corporations, Authorities And Commissions Committee Vote: May 19, 2026

Bill Amendments

2025-S9468 - Details

2025-S9468 - Summary

2025-S9468 - Sponsor Memo

2025-S9468 - Bill Text download pdf

2025-S9468A (ACTIVE) - Details

2025-S9468A (ACTIVE) - Summary

2025-S9468A (ACTIVE) - Sponsor Memo

2025-S9468A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S9468A

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Sponsored By

Patricia Fahy

Current Bill Status - In Senate Committee Rules Committee

Actions

Votes

Bill Amendments

2025-S9468 - Details

2025-S9468 - Summary

2025-S9468 - Sponsor Memo

2025-S9468 - Bill Text download pdf

2025-S9468A (ACTIVE) - Details

2025-S9468A (ACTIVE) - Summary

2025-S9468A (ACTIVE) - Sponsor Memo

2025-S9468A (ACTIVE) - Bill Text download pdf

Comments