Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to corporations, authorities and commissions |
Feb 16, 2011 |
referred to corporations, authorities and commissions |
Senate Bill S3313
2011-2012 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions 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
Actions
co-Sponsors
(D, WF) Senate District
2011-S3313 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3027
- Current Committee:
- Senate Corporations, Authorities And Commissions
- Law Section:
- Not-for-Profit Corporation Law
- Laws Affected:
- Amd ยงยง1502 & 1513-a, N-PC L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S5726, A7490
2013-2014: A2169
2015-2016: A1299
2017-2018: A4610
2011-S3313 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3313 TITLE OF BILL: An act to amend the not-for-profit corporation law, in relation to the reacquisition of a lot, plot, or part thereof owned by a burial society or by a cemetery corporation; and in relation to the definition of a burial society PURPOSE: Authorizes a cemetery corporation, under certain circumstances, upon application to and approval by the cemetery board, to reacquire, resubdivide and resell lots, plots or parts thereof owned by defunct burial societies and associations. SUMMARY OF PROVISIONS: Section 1 amends section 1502 of the Not-For-Profit Corporation Law by adding a new paragraph (q), defining the term "burial society." Section 2 amends paragraphs (d) and (f) of Not-Far-Profit Corporation Law section 1513-a to require cemeteries reacquiring abandoned society graves to establish a perpetual care fund account to be used exclusively for the maintenance of the grounds on which the graves are reacquired. Exempts incorporated or unincorporated religious
2011-S3313 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3313 2011-2012 Regular Sessions I N S E N A T E February 16, 2011 ___________ Introduced by Sens. KLEIN, HASSELL-THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Corpo- rations, Authorities and Commissions AN ACT to amend the not-for-profit corporation law, in relation to the reacquisition of a lot, plot, or part thereof owned by a burial socie- ty or by a cemetery corporation; and in relation to the definition of a burial society THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1502 of the not-for-profit corporation law is amended by adding a new paragraph (q) to read as follows: (Q) THE TERM "BURIAL SOCIETY" MEANS A CORPORATION OR UNINCORPORATED ASSOCIATION OR SOCIETY HAVING AMONG ITS ACTIVITIES OR ITS FORMER ACTIV- ITIES THE PROVISION OF BURIAL BENEFITS FOR ITS MEMBERS. S 2. Paragraphs (d) and (f) of section 1513-a of the not-for-profit corporation law, as added by chapter 478 of the laws of 2003, are amended and four new paragraphs (i), (j), (k) and (l) are added to read as follows: (d) Upon the sale of a lot, plot or part thereof reacquired by the corporation under the provisions of paragraph (a), (b), or (c) of this section, thirty-five percent of the net proceeds shall be placed in the permanent maintenance fund and sixty-five percent shall be placed in the current maintenance fund. PROVIDED, HOWEVER, THAT IF THEIR PROPERTY WAS REACQUIRED UNDER PARAGRAPH (I) OF THIS SECTION, TEN PERCENT OF THE NET PROCEEDS SHALL BE PLACED IN THE PERMANENT MAINTENANCE FUND, FIFTY-SEVEN PERCENT SHALL BE PLACED IN THE CURRENT MAINTENANCE FUND AND THIRTY-THREE PERCENT SHALL BE PLACED IN A PERPETUAL CARE FUND WHICH THE CEMETERY SHALL ESTABLISH IN THE NAME OF THE DEFUNCT SOCIETY FOR THE EXCLUSIVE PURPOSE OF MAINTENANCE OF THE GROUNDS ON WHICH THE GRAVES WERE REAC- QUIRED. IF, HOWEVER THE NUMBER OF GRAVES RECLAIMED BY THE CEMETERY IS LESS THAN ONE HUNDRED, FROM ANY ONE BURIAL SOCIETY THEN THIRTY-FIVE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04854-01-1
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.