S T A T E   O F   N E W   Y O R K
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                                  6401

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 16, 2011
                               ___________

Introduced  by  M.  of  A.  MORELLE,  HOYT,  COLTON, CYMBROWITZ, HEVESI,
  ABBATE, TOWNS, CUSICK, WEISENBERG -- Multi-Sponsored by --  M.  of  A.
  BARCLAY,  CROUCH,  GALEF,  HEASTIE,  KELLNER,  LUPARDO, NOLAN, REILLY,
  ROSENTHAL, SWEENEY -- read once  and  referred  to  the  Committee  on
  Corporations, Authorities and Commissions

AN  ACT to amend the religious corporations law, in relation to the sale
  of monuments

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The fourth and fifth undesignated paragraphs of section 7
of the religious corporations law, as added by chapter 560 of  the  laws
of 1998, are amended to read as follows:
  No  religious  corporation  owning, managing or controlling a cemetery
shall, directly or indirectly:
  (a) sell, or have, enter into or perform a lease of any  of  its  real
property dedicated to cemetery purposes or adjacent thereto to a funeral
entity, or use any of its property for locating a funeral entity;
  (b) commingle its funds with a funeral entity;
  (c) direct or carry on its cemetery related business or affairs with a
funeral entity;
  (d) authorize control of its cemetery related business or affairs by a
funeral entity;
  (e)  engage in any sale or cross-marketing of goods or services with a
funeral entity;
  (f) have, enter into or perform a management or service  contract  for
cemetery operations with a funeral entity; [or]
  (g)  have, enter into or perform a management contract with any entity
other than a not-for-profit cemetery or religious corporation[.];
  (H) ENGAGE IN THE SALE OF MONUMENTS, NOT INCLUDING FLUSH BRONZE  MARK-
ERS, NOR SHALL SUCH MONUMENTS BE DISPLAYED FOR SALE ON THE PROPERTY OF A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04839-10-1

              

A. 6401                             2

RELIGIOUS  CORPORATION,  WHETHER  SUCH  PROPERTY  IS LOCATED ON CEMETERY
GROUNDS OR ELSEWHERE; OR
  (I) AUTHORIZE OR PERMIT ANY EMPLOYEE OR TRUSTEE OR DIRECTOR THEREOF TO
ADVERTISE OR MAKE KNOWN HIS OR HER RELATIONSHIP TO SUCH RELIGIOUS CORPO-
RATION  OR  CEMETERY  IF SUCH PERSON IS ENGAGED IN THE SALE OF MONUMENTS
OUTSIDE OF HIS OR HER EMPLOYMENT BY OR AFFILIATION  WITH  THE  RELIGIOUS
CORPORATION OR THE CEMETERY.
  Only  the  provisions  of subparagraphs (a) [and], (b), (H) AND (I) of
the previous paragraph shall apply to religious corporations with thirty
acres or less of real property dedicated to cemetery purposes, and  only
to  the  extent the sale or lease is of real property dedicated to ceme-
tery purposes, and such cemeteries shall  not  engage  in  the  sale  of
funeral  home  goods  or services, except if such goods and services are
otherwise permitted to be sold by cemeteries.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.