NY State Senate Bill 2009-S4364

Senate Bill S4364

Signed By Governor

2009-2010 Legislative Session

Permits a solvent cemetery corporation to assume responsibility for the maintenance of an abandoned cemetery and makes funds available from the state cemetery fund

download bill text pdf

Archive: Last Bill Status Via A4218 - Signed by Governor

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

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 26, 2009	signed chap.363
Aug 14, 2009	delivered to governor
Jul 16, 2009	returned to assembly passed senate 3rd reading cal.918 substituted for s4364a
Jul 16, 2009	substituted by a4218 ordered to third reading cal.918 committee discharged and committed to rules
Apr 27, 2009	print number 4364a
Apr 27, 2009	amend and recommit to corporations, authorities and commissions
Apr 22, 2009	referred to corporations, authorities and commissions

Votes

- Jul 16, 2009 - Floor Vote
  A4218
  
  57
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 16, 2009
      
      aye (57)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (5)
      
      Diaz
      
      Foley
      
      Johnson
      
      Kruger
      
      Squadron
  Jul 16, 2009 - Rules Committee Vote
  S4364
  
  21
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jul 16, 2009
      
      aye (21)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hassell-Thompson
      
      Klein
      
      Krueger
      
      LaValle
      
      Larkin
      
      Monserrate
      
      Montgomery
      
      Padavan
      
      Parker
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      aye wr (2)
      
      Hannon
      
      Saland
      
      excused (1)
      
      Johnson

Bill Amendments

Original

A (Active)

2009-S4364 - Details

2009-S4364 - Summary

Permits a solvent cemetery corporation, upon the approval of the cemetery board, to assume responsibility for the maintenance of an abandoned cemetery and makes funds available from the state cemetery vandalism restoration, monument repair or removal and administration fund; acceptance of such funds is assumption of responsibility for future care.

2009-S4364 - Sponsor Memo

                                 BILL NUMBER:  S4364

 TITLE OF BILL :
An act to amend the not-for-profit corporation law, in relation to the
maintenance, protection and preservation of abandoned cemeteries


 PURPOSE :
This bill would allow solvent cemetery corporations the ability to
assume management and maintenance of abandoned cemeteries and thereby
prevent them from becoming the responsibility of the taxpayers of the
municipalities in which they are located.

 SUMMARY OF PROVISIONS :
This bill adds a new section 1506-c to the not-for-profit corporation
law to outline the process and requirements for a solvent cemetery
corporation to assume management and maintenance of an abandoned
cemetery.

The provisions of this section outline exactly what monies may be used
for in restoration of the abandoned cemetery. This section
additionally requires any unused funds be returned to the New York
state Cemetery Board to be returned to the abandoned cemetery fund.

Section 2 amends section 1507 of the not-for-profit corporation law to
authorize payments from the state abandoned cemetery fund.

 EXISTING LAW :
Existing law provides for maintenance and preservation of abandoned
cemeteries but does not allow the incentive for solvent cemetery
corporations to apply to the state fund to save these abandoned
cemeteries.

 JUSTIFICATION :
Many municipalities are in no condition to assume the maintenance and
preservation of an abandoned cemetery corporation.  The added fiscal
burden to localities is often more than they can handle.  The result
is many cemeteries do not receive the care necessary to revitalize
them or to stop decay and vandalism.

This legislation would allow cemetery corporations the ability to
apply to the state abandoned cemetery fund, and upon approval by the
State Cemetery Board, assume the maintenance and preservation of these
grounds.

Existing cemetery corporations have the knowledge and staff to better
handle the upkeep and operation of these entities. Additionally, the
care of these cemeteries prevents the fiscal burden of cemetery
maintenance from being applied to municipalities.

 LEGISLATIVE HISTORY :
A.6209-A (2005-06)
A.1329   (2007-08)

 FISCAL IMPLICATIONS :
None. Cemeteries contribute to a fund created under section 97-r of
the state finance law for the maintenance of abandoned cemeteries. The
fund is financed by contributions from cemeteries on a per interment
or cremation basis.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become law.

2009-S4364 - Bill Text download pdf

2009-S4364A (ACTIVE) - Details

2009-S4364A (ACTIVE) - Summary

2009-S4364A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4364A

 TITLE OF BILL :
An act to amend the not-for-profit corporation law, in relation to the
maintenance, protection and preservation of abandoned cemeteries


 PURPOSE: :
This bill would allow solvent cemetery corporations the ability to
assume management and maintenance of abandoned cemeteries and thereby
prevent them from becoming the responsibility of the taxpayers of the
municipalities in which they are located.

 SUMMARY OF PROVISIONS: :
This bill adds a new section 1506-b to the not-for-profit corporation
law to outline the process and requirements for a solvent cemetery
corporation to assume management and maintenance of an abandoned
cemetery.

The provisions of this section outline exactly what monies may be used
for in restoration of the abandoned cemetery. This section
additionally requires any unused funds be returned to the New York
State Cemetery Board to be returned to the abandoned cemetery fund.

Section 2 amends section 1507 of the not-for-profit corporation law to
authorize payments from the state abandoned cemetery fund.

 EXISTING LAW: :
Existing law provides for maintenance and preservation of abandoned
cemeteries but does not allow the incentive for solvent cemetery
corporations to apply to the state fund to save these abandoned
cemeteries.

 JUSTIFICATION: :
Many municipalities are in no condition to assume the maintenance and
preservation of an abandoned cemetery corporation.  The added fiscal
burden to localities is often more than they can handle.  The result
is many cemeteries do not receive the care necessary to revitalize
them or to stop decay and vandalism.

This legislation would allow cemetery corporations the ability to
apply to the state abandoned cemetery fund, and upon approval by the
State Cemetery Board, assume the maintenance and preservation of these
grounds.

Existing cemetery corporations have the knowledge and staff to better
handle the upkeep and operation of these entities. Additionally, the
care of these cemeteries prevents the fiscal burden of cemetery
maintenance from being applied to municipalities.

 LEGISLATIVE HISTORY: :
A.6209-A (2005-06)
A.1329 (2007-08)

 FISCAL IMPLICATIONS: :
None. cemeteries contribute to a fund created under section 97-r of
the state finance law for the maintenance of abandoned cemeteries. The
fund is financed by contributions from cemeteries on a per interment
or cremation basis.

 EFFECTIVE DATE: :
This act shall take effect on the sixtieth day after it shall have
become law.

2009-S4364A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4364--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced by Sen. AUBERTINE -- read twice and ordered printed, and when
  printed  to be committed to the Committee on Corporations, Authorities
  and  Commissions  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the not-for-profit corporation law, in relation to the
  maintenance, protection and preservation of abandoned cemeteries

  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 1506-c to read as follows:
S 1506-C. ABANDONED CEMETERY MAINTENANCE BY CEMETERY CORPORATIONS.
  (A) UPON APPLICATION AND APPROVAL BY THE CEMETERY  BOARD,  A  CEMETERY
CORPORATION  MAY ASSUME MANAGEMENT AND MAINTENANCE OF AN ABANDONED CEME-
TERY. FOR THE PURPOSES OF THIS SECTION, ABANDONED CEMETERY MEANS A CEME-
TERY WHICH WAS PREVIOUSLY OWNED  BY  A  CEMETERY  CORPORATION  ORGANIZED
PURSUANT  TO THIS CHAPTER OR EXISTING BY VIRTUE OF THE MEMBERSHIP CORPO-
RATION LAW, FOR WHICH THERE NO LONGER EXISTS ANY CORPORATE BOARD OR BODY
TO MAINTAIN IT, AND FOR WHICH THERE  IS  NO  SUFFICIENT  TRUST  FUND  OR
ENDOWMENT  TO  PROVIDE  ORDINARY  AND  NECESSARY  CARE  AND MAINTENANCE.
PROVIDED, HOWEVER, THAT IN NO EVENT SHALL THE CEMETERY BOARD APPROVE THE
ASSUMPTION OF THE MANAGEMENT AND MAINTENANCE OF  AN  ABANDONED  CEMETERY
UNDER  THIS  SECTION  IF  THE ABANDONED CEMETERY WAS AFFILIATED WITH ANY
RELIGIOUS DENOMINATION OR TRADITION OR IF THE MAJORITY  OF  THE  PERSONS
WHOSE  BODIES  WERE  INTERRED  IN SUCH CEMETERY WERE AFFILIATED WITH ANY
RELIGIOUS DENOMINATION OR TRADITION UNLESS  THE  CEMETERY  ASSUMING  THE
MANAGEMENT  AND  MAINTENANCE  OF  SUCH  ABANDONED  CEMETERY  FOLLOWS THE
CUSTOMS AND PRACTICES OF THE SAME RELIGIOUS DENOMINATION OR TRADITION.
  (B) A CEMETERY CORPORATION ASSUMING MANAGEMENT AND MAINTENANCE  OF  AN
ABANDONED  CEMETERY  SHALL  MAKE APPLICATION FOR FUNDS PURSUANT TO PARA-
GRAPH (H) OF SECTION FIFTEEN HUNDRED SEVEN OF THIS ARTICLE  AND  SECTION
NINETY-SEVEN-R  OF  THE  STATE  FINANCE LAW FOR MAINTENANCE OF ABANDONED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07539-03-9

S. 4364--A                          2

CEMETERIES. WITHIN SIXTY DAYS OF SUBMISSION OF A COMPLETED  APPLICATION,
THE CEMETERY BOARD SHALL APPROVE OR DENY SUCH APPLICATION.
  (C)  MONIES  DISBURSED UNDER SUCH ASSUMPTION SHALL BE USED EXCLUSIVELY
FOR THE PURPOSE OF THE MANAGEMENT AND MAINTENANCE OF AN ABANDONED  CEME-
TERY  SUCH  AS  THE ORDINARY AND NECESSARY CARE OF A CEMETERY, INCLUDING
THE REMOVAL OF GRASS AND WEEDS, THE REFILLING OF GRAVES, AND THE PRESER-
VATION, CARE, AND FENCING OF A CEMETERY, AND ALSO INCLUDING THE CARE  OF
CRYPTS,  NICHES, GRAVE SITES, MONUMENTS, AND MEMORIALS PAID FOR BY MEANS
OF THE GENERAL FUND OR SPECIAL FUND  OR  THE  INCOME  APPLIED  FROM  THE
PERMANENT  MAINTENANCE  FUND,  PERPETUAL CARE FUND, MONUMENT MAINTENANCE
FUND, GENERAL FUND, OR A SPECIAL FUND OF THE ABANDONED CEMETERY.
  (D) ANY RESIDUAL FUNDS DISBURSED TO A CEMETERY CORPORATION  AFTER  THE
MAINTENANCE OF AN ABANDONED CEMETERY HAS BEEN PERFORMED MUST BE RETURNED
TO  THE  CEMETERY  BOARD FOR REDEPOSIT INTO THE STATE CEMETERY VANDALISM
RESTORATION, MONUMENT REPAIR OR REMOVAL AND ADMINISTRATION  FUND  ESTAB-
LISHED BY SECTION NINETY-SEVEN-R OF THE STATE FINANCE LAW.
  (E)  WITHIN  NINETY DAYS OF ITS RECEIPT OF DISBURSEMENTS, THE CEMETERY
CORPORATION SHALL MAKE A REPORT TO  THE  CEMETERY  BOARD  SETTING  FORTH
DETAILS  OF  THE  MAINTENANCE  AND CLEAN-UP UNDERTAKEN AND THE AMOUNT OF
FUNDS, IF ANY, TO BE REDEPOSITED INTO THE FUND. IF THE  MAINTENANCE  AND
CLEAN-UP  HAVE  NOT  BEEN COMPLETED, OR NECESSARY EQUIPMENT HAS NOT BEEN
PURCHASED, THE REASONS THEREFOR SHALL BE SET FORTH, AND THE  ANTICIPATED
DATE FOR A SUBSEQUENT, FINAL REPORT SHALL BE DISCLOSED.
  S  2.  Subparagraph 4 of paragraph (h) of section 1507 of the not-for-
profit corporation law, as amended by chapter 380 of the laws  of  2000,
is amended to read as follows:
  (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 for fair and reason-
able expenses required to be made by the municipality OR  OTHER  SOLVENT
NOT-FOR-PROFIT  CEMETERY  CORPORATION  for  maintenance  of an abandoned
cemetery; provided, however, that the cemetery board shall  not  approve
any   such   application   unless  the  municipality  OR  OTHER  SOLVENT
NOT-FOR-PROFIT CEMETERY CORPORATION 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.  For the purposes of this  paragraph,  such
cemetery shall always be deemed an abandoned cemetery.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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