S T A T E   O F   N E W   Y O R K
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                                 4920--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 23, 2015
                               ___________

Introduced  by  Sen.  FARLEY -- 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 religious corporations law, in relation to the reac-
  quisition of abandoned cemetery plots

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

  Section  1.  The religious corporations law is amended by adding a new
section 8-a to read as follows:
  S 8-A. REACQUISITION OF A LOT, PLOT OR PART THEREOF BY A  CEMETERY.  A
RELIGIOUS  CEMETERY  CORPORATION MAY, UPON APPLICATION AND APPROVAL BY A
SUPREME COURT, REACQUIRE, RESUBDIVIDE, AND RESELL A LOT,  PLOT  OR  PART
THEREOF UNDER THE FOLLOWING CIRCUMSTANCES:
  (A)(I)  IF  THE  RECORDS  OF THE CORPORATION DEMONSTRATE THAT THE LOT,
PLOT OR PART THEREOF WAS PURCHASED MORE THAN SEVENTY-FIVE YEARS PRIOR TO
THE APPLICATION OF THE CORPORATION; AND (II) IF  NO  BURIALS  HAVE  BEEN
MADE  IN  THE  LOT,  PLOT OR PART THEREOF OR ALL THE BODIES THEREIN HAVE
BEEN LAWFULLY REMOVED; AND (III) IF NEITHER THE OWNER OR OWNERS  OF  THE
LOT,  PLOT  OR  PART  THEREOF  NOR ANY PERSON HAVING A CREDIBLE CLAIM TO
OWNERSHIP WHO HAS VISITED, MADE PAYMENTS IN RESPECT OF OR ENGAGED IN ANY
OTHER PROPRIETARY ACTIVITIES WITH RESPECT TO THE LOT, PLOT OR PART THER-
EOF CAN BE IDENTIFIED AFTER A REASONABLE SEARCH CONDUCTED BY  THE  RELI-
GIOUS  CEMETERY  CORPORATION, IT SHALL BE CONCLUSIVELY PRESUMED THAT THE
OWNER OR OWNERS OF THE LOT, PLOT OR PART THEREOF  HAVE  ABANDONED  THEIR
BURIAL  RIGHTS.  A  REASONABLE  SEARCH  CONSISTS OF A SEARCH OF: (1) ALL
CEMETERY RECORDS TO DETERMINE THE NAME OF THE OWNER  OR  OWNERS  OF  THE
LOT,  PLOT  OR PART THEREOF, THEIR LAST KNOWN ADDRESSES AND ALL INFORMA-
TION AVAILABLE TO THE CEMETERY RELATING TO ANY PERSON BURIED IN THE LOT,
PLOT OR PART THEREOF AND THE NAMES  AND  LAST  KNOWN  ADDRESSES  OF  ANY
PERSONS  MAKING INQUIRY ABOUT OR VISITING THE LOT, PLOT OR PART THEREOF;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10588-02-5
              

S. 4920--A                          2

(2) A SEARCH FOR THE DEATH CERTIFICATES AND THE PROBATED  WILLS  OF  THE
OWNER  OR  OWNERS  OF  THE LOT, PLOT OR PART THEREOF; (3) THE POSTING OF
NOTICE BY THE CEMETERY AT THE ENTRANCE TO THE CEMETERY, AT THE  SITE  OF
THE  LOT,  PLOT  OR  PART  THEREOF  TO BE REACQUIRED AND IN THE CEMETERY
OFFICE, IF ANY, OF ITS INTENTION TO DECLARE THE LOT, PLOT OR PART THERE-
OF ABANDONED; (4) THE MAILING OF SUCH NOTICE CERTIFIED MAIL WITH  RETURN
RECEIPT REQUESTED TO THE OWNER OR OWNERS OF THE LOT, PLOT OR PART THERE-
OF AND EACH PERSON IDENTIFIED DURING THE REASONABLE SEARCH AT THEIR LAST
KNOWN  ADDRESSES;  (5)  PUBLICATION OF SUCH NOTICE ONCE IN EACH WEEK FOR
THREE SUCCESSIVE WEEKS, IN TWO NEWSPAPERS OF REGULAR  COMMERCIAL  CIRCU-
LATION  BY  SUBSCRIPTION  AND/OR NEWSSTAND SALE, TO BE DESIGNATED BY THE
COUNTY CLERK OF THE COUNTY WHERE THE CEMETERY IS LOCATED WHICH IN HIS OR
HER JUDGMENT, GIVEN THE ETHNIC, RELIGIOUS, GEOGRAPHIC OR  OTHER  RELATED
DEMOGRAPHIC  CHARACTERISTICS  OF THE OWNER OR OWNERS OF THE LOT, PLOT OR
PART THEREOF AND EACH PERSON IDENTIFIED THROUGH  THE  REASONABLE  SEARCH
AND THE PREDOMINANT READERSHIP OF SUCH NEWSPAPERS ARE BEST CALCULATED TO
INFORM  THE  OWNER  OR  OWNERS OF THE LOT, PLOT OR PART THEREOF AND EACH
PERSON IDENTIFIED THROUGH  THE  REASONABLE  SEARCH  OF  ANY  APPLICATION
PURSUANT  TO  THE PROVISIONS OF THIS SECTION; AND (6) THE PREPARATION OF
AN AFFIDAVIT DESCRIBING THE STEPS TAKEN BY THE RELIGIOUS CEMETERY CORPO-
RATION TO ASCERTAIN THE IDENTITY OF AND TO CONTACT THE CURRENT OWNER  OR
OWNERS  OF  THE  LOT, PLOT OR PART THEREOF OR NEXT-OF-KIN THEREOF OR ANY
OTHER PERSONS IDENTIFIED IN THE COURSE  OF  THE  REASONABLE  SEARCH  WHO
MIGHT HAVE RELEVANT INFORMATION AND THE RESULTS OF SUCH STEPS. AFTER THE
FILING  WITH  THE  SUPREME  COURT  OF PROOF OF COMPLIANCE WITH THE ABOVE
REQUIREMENTS IN FORM  AND  SUBSTANCE  REASONABLY  SATISFACTORY  TO  SUCH
SUPREME  COURT  AND UPON APPROVAL BY THE SUPREME COURT, THE LOT, PLOT OR
PART THEREOF MAY BE RESOLD BY THE CEMETERY TO ANY  PARTY  IN  COMPLIANCE
WITH  THE  CEMETERY  RULES  AND  REGULATIONS PROVIDED, HOWEVER, THAT ANY
MONUMENT SUBSEQUENTLY PLACED ON SUCH LOT, PLOT  OR  PART  THEREOF  SHALL
CONFORM  TO  THE  GENERAL  APPEARANCE  OF ANY EXISTING MONUMENTS IN SAID
SECTION OF LOTS, PLOTS OR PARTS THEREOF, IF ANY.
  (B) IF (I) THE CIRCUMSTANCES DESCRIBED  IN  SUBDIVISION  (A)  OF  THIS
SECTION  EXIST  EXCEPT THAT ONE OR MORE BURIALS HAVE BEEN MADE IN A LOT,
AND THE LAST BURIAL WAS MADE MORE THAN SEVENTY-FIVE YEARS PRIOR  TO  THE
APPLICATION,  (II)  THE  LOT,  PLOT OR PART THEREOF CAN BE SUBDIVIDED TO
CREATE NEW GRAVES, (III) THE BODIES HAVE NOT BEEN LAWFULLY REMOVED,  AND
(IV)  THE  CEMETERY  SUBMITS  AN  APPLICATION TO THE SUPREME COURT WHICH
COMPLIES WITH THE REQUIREMENTS SET FORTH  IN  SUBDIVISION  (A)  OF  THIS
SECTION,  IT SHALL BE CONCLUSIVELY PRESUMED THAT THE LOT OWNER HAS ABAN-
DONED THE RIGHT TO MAKE FURTHER BURIALS IN  THE  LOT,  THE  LOT  MAY  BE
SUBDIVIDED, AND THE RESUBDIVIDED LOT, PLOT OR PARTS THEREOF WHICH DO NOT
CONTAIN  THE  REMAINS OF THE DECEASED PERSONS MAY BE RESOLD BY THE RELI-
GIOUS CEMETERY CORPORATION AS PROVIDED IN THIS SECTION. NOTHING IN  THIS
SECTION  SHALL  PERMIT A RELIGIOUS CEMETERY CORPORATION TO DECLARE ABAN-
DONED A LOT, PLOT OR PART THEREOF, WHERE SUCH LOT, PLOT OR PART  THEREOF
WAS  PURCHASED  FOR MULTIPLE DEPTH BURIALS AND WHERE ONE OR MORE BURIALS
HAS OCCURRED OR AUTHORIZED A RELIGIOUS CEMETERY CORPORATION TO REMOVE  A
MONUMENT  OR  OTHER  EMBELLISHMENT TO FACILITATE THE RESALE OF SUCH LOT,
PLOT OR PART THEREOF.
  (C) IF THE OWNER OR OWNERS OF A LOT, PLOT OR PART THEREOF CAN BE IDEN-
TIFIED, THE RELIGIOUS CEMETERY CORPORATION,  WITH  THE  CONSENT  OF  THE
OWNER  OR OWNERS OF THE LOT, PLOT OR PART THEREOF, THE LOT, PLOT OR PART
THEREOF MAY BE RESUBDIVIDED, AND THE  RESUBDIVIDED  LOT,  PLOT  OR  PART
THEREOF  WHICH  DOES  NOT CONTAIN THE REMAINS OF DECEASED PERSONS MAY BE
RESOLD BY THE RELIGIOUS CEMETERY CORPORATION, PROVIDED, HOWEVER,  IF  NO

S. 4920--A                          3

BURIAL HAS BEEN MADE IN THE LOT, PLOT OR PART HEREOF, IN THE TWENTY-FIVE
YEAR PERIOD PRECEDING SUCH APPLICATION, THE OWNER OF A LOT, PLOT OR PART
THEREOF  HAS  NOTIFIED  HIS  OR  HER  PARENTS,  SPOUSE, ISSUE, BROTHERS,
SISTERS,  GRANDPARENTS, AND GRANDCHILDREN, IF ANY, OF THE APPLICATION TO
THE SUPREME COURT, AND PROVIDED FURTHER, HOWEVER, IF A BURIAL  HAS  BEEN
MADE  IN  THIS  LOT,  PLOT  OR PART THEREOF DURING SUCH TWENTY-FIVE YEAR
PERIOD, THE SPOUSE AND ISSUE OF SUCH DECEASED PERSON ARE ALSO  NOTIFIED,
AND  PROVIDED FURTHER, IN EITHER CASE THE OWNER OF THE LOT, PLOT OR PART
THEREOF SATISFIES THE SUPREME COURT THAT NONE OF  THE  PERSONS  NOTIFIED
HAVE  AGREED WITHIN FORTY-FIVE DAYS OF NOTIFICATION TO PURCHASE THE LOT,
PLOT OR PART THEREOF AT THE PRICE WHICH THE  RELIGIOUS  CEMETERY  CORPO-
RATION  SHALL  CERTIFY  UNDER PENALTY OF LAW SHALL BE THE PRICE AT WHICH
THE LOT, PLOT OR PART THEREOF SHALL BE  SOLD  FOR  AFTER  REACQUISITION.
ANY  PERSONS  NOTIFIED  PURSUANT  TO  THIS SUBDIVISION BY THE IDENTIFIED
OWNER OR OWNERS OF THE LOT, PLOT OR PART THEREOF MUST AGREE TO  ERECT  A
MONUMENT  OF  REASONABLE UNIFORMITY TO THE IMMEDIATELY SURROUNDING MONU-
MENTS AS PROVIDED IN SUBDIVISION (F) OF THIS SECTION BEFORE THE  PERSONS
NOTIFIED  MAY  ENTER INTO AN AGREEMENT TO PURCHASE THE LOT, PLOT OR PART
THEREOF.
  (D) UPON THE SALE OF A LOT, PLOT OR PART THEREOF REACQUIRED BY A RELI-
GIOUS CEMETERY CORPORATION UNDER THE PROVISIONS OF SUBDIVISION (A), (B),
OR (C) OF THIS SECTION, THE NET PROCEEDS SHALL  BE  PLACED  IN  A  TRUST
DESIGNATED TO PROVIDE FUTURE MAINTENANCE OF THE CEMETERY.
  (E)  IF  THE  OWNER  OF  THE LOT, PLOT OR PART THEREOF IS SUBSEQUENTLY
IDENTIFIED, THE RELIGIOUS CEMETERY CORPORATION  SHALL:  (I)  RETURN  ALL
UNSOLD  LOTS,  PLOTS  OR  PARTS  THEREOF  IF  ANY,  TO  THE  OWNER IF SO
REQUESTED; AND (II) WITH RESPECT TO ANY LOTS,  PLOTS  OR  PARTS  THEREOF
THAT HAVE BEEN SOLD PURSUANT TO THIS SECTION, AT THE OPTION OF THE OWNER
OF  THE  LOT,  PLOT OR PART THEREOF, EITHER (1) PROVIDE THE OWNER, AT NO
COST TO THE OWNER, WITH A LOT, PLOT OR PART THEREOF  COMPARABLE  TO  ANY
LOT, PLOT OR PART THEREOF THAT WAS SOLD BY THE RELIGIOUS CEMETERY CORPO-
RATION  OR  (2) PROVIDE THE OWNER WITH THE PROCEEDS FROM THE SALE OF THE
LOT, PLOT OR PART THEREOF REACQUIRED UNDER THIS  SECTION  WITH  INTEREST
THEREON FROM THE DATE OF THE SALE AT SIX PERCENT PER ANNUM.
  (F)  MONUMENTS TO BE ERECTED ON A LOT, PLOT OR PART THEREOF, FOLLOWING
THE RESALE OF A LOT, PLOT OR PART THEREOF, SHALL CONFORM  TO  THE  RULES
AND  REGULATIONS  OR OTHER REQUIREMENTS OF THE RELIGIOUS CEMETERY CORPO-
RATION AND SHALL CONFORM TO THE SIZE, STYLE, AND TYPE  OF  MONUMENTS  IN
THE SECTION OF THE CEMETERY WHERE SUCH RESALE OCCURS.
  (G)  NO CORPORATION SHALL UTILIZE THE REACQUISITION PROVISIONS OF THIS
SECTION IN VIOLATION OF SUCH  CORPORATION'S  SECTARIAN  BURIAL  REQUIRE-
MENTS.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.