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

                                  4218

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2009
                               ___________

Introduced  by  M.  of  A.  BRODSKY,  McENENY,  DESTITO -- 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  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
CEMETERIES.  WITHIN SIXTY DAYS OF SUBMISSION OF A COMPLETED APPLICATION,
THE CEMETERY BOARD SHALL APPROVE OR DENY SUCH APPLICATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07539-02-9
              

A. 4218                             2

  (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.