Assembly Bill A5784

Signed By Governor
2017-2018 Legislative Session

Prohibits the construction of any mausoleum or columbarium in a cemetery where such mausoleum or columbarium is the only form of interment offered in a cemetery

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Sponsored By

Archive: Last Bill Status - 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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Bill Amendments

2017-A5784 - Details

Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1506, N-PC L; add §167, Gen Muni L; add §292-b, Town L; add §15-1512, Vil L; amd §7, Rel Corp L
Versions Introduced in 2015-2016 Legislative Session:
A10650

2017-A5784 - Summary

Prohibits the construction of any mausoleum or columbarium in a cemetery where such mausoleum or columbarium is the only form of interment offered in a cemetery, except in limited circumstances to assure the perpetual care of remains already in a mausoleum or columbarium.

2017-A5784 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5784
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 15, 2017
                                ___________
 
 Introduced  by M. of A. JONES -- read once and referred to the Committee
   on Corporations, Authorities and Commissions
 
 AN ACT to amend the not-for-profit corporation law, the general  munici-
   pal  law, the town law, the village law and the religious corporations
   law, in relation to  prohibiting  certain  stand-alone  mausoleum  and
   columbarium

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1506  of  the  not-for-profit  corporation  law  is
 amended by adding a new paragraph (m) to read as follows:
   (M)  PROHIBITION OF STAND-ALONE MAUSOLEUM AND COLUMBARIUM. NO APPLICA-
 TION FOR THE  CONSTRUCTION  OF  A  MAUSOLEUM  OR  COLUMBARIUM  SHALL  BE
 APPROVED  BY  THE  CEMETERY  BOARD  TO  BE  LOCATED IN ANY CITY, TOWN OR
 VILLAGE WHERE SUCH MAUSOLEUM OR COLUMBARIUM SHALL BE THE  ONLY  FORM  OF
 INTERMENT OFFERED BY A CEMETERY CORPORATION.
   §  2. The general municipal law is amended by adding a new section 167
 to read as follows:
   § 167. PROHIBITION OF STAND-ALONE MAUSOLEUM AND COLUMBARIUM. NO MUNIC-
 IPAL CORPORATION SHALL APPROVE OR AUTHORIZE THE CONSTRUCTION OF A MAUSO-
 LEUM OR COLUMBARIUM ON PROPERTY OWNED BY  THE  MUNICIPALITY  WHERE  SUCH
 MAUSOLEUM OR COLUMBARIUM SHALL BE THE ONLY FORM OF INTERMENT OFFERED FOR
 CEMETERY PURPOSES.
   §  3. The town law is amended by adding a new section 292-b to read as
 follows:
   § 292-B. PROHIBITION OF STAND-ALONE MAUSOLEUM  AND  COLUMBARIUM.    NO
 TOWN  SHALL  APPROVE  OR  AUTHORIZE  THE  CONSTRUCTION OF A MAUSOLEUM OR
 COLUMBARIUM ON PROPERTY OWNED BY THE TOWN WHERE SUCH MAUSOLEUM OR COLUM-
 BARIUM SHALL  BE  THE  ONLY  FORM  OF  INTERMENT  OFFERED  FOR  CEMETERY
 PURPOSES.
   §  4.  The  village  law is amended by adding a new section 15-1512 to
 read as follows:

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

co-Sponsors

multi-Sponsors

2017-A5784A - Details

Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1506, N-PC L; add §167, Gen Muni L; add §292-b, Town L; add §15-1512, Vil L; amd §7, Rel Corp L
Versions Introduced in 2015-2016 Legislative Session:
A10650

2017-A5784A - Summary

Prohibits the construction of any mausoleum or columbarium in a cemetery where such mausoleum or columbarium is the only form of interment offered in a cemetery, except in limited circumstances to assure the perpetual care of remains already in a mausoleum or columbarium.

2017-A5784A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5784--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 15, 2017
                                ___________
 
 Introduced  by M. of A. JONES -- read once and referred 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, the general  munici-
   pal  law, the town law, the village law and the religious corporations
   law, in relation to  prohibiting  certain  stand-alone  mausoleum  and
   columbarium
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1506  of  the  not-for-profit  corporation  law  is
 amended by adding a new paragraph (m) to read as follows:
   (M)  PROHIBITION OF STAND-ALONE MAUSOLEUM AND COLUMBARIUM. NO APPLICA-
 TION FOR THE CONSTRUCTION OF A MAUSOLEUM OR COLUMBARIUM TO BE LOCATED IN
 ANY CITY, TOWN OR VILLAGE SHALL BE APPROVED BY THE CEMETERY  BOARD  WHEN
 SUCH  MAUSOLEUM  OR  COLUMBARIUM  SHALL  BE  THE  ONLY FORM OF INTERMENT
 OFFERED BY A CEMETERY CORPORATION, UNLESS  A  MANAGEMENT  AGREEMENT  HAS
 BEEN  ENTERED INTO WITH AN EXISTING CEMETERY CORPORATION REGULATED UNDER
 THIS ARTICLE, THAT WILL PROVIDE OPERATIONAL MANAGEMENT OF THE  MAUSOLEUM
 OR  COLUMBARIUM,  AND  THE  OWNER  OF  THE  MAUSOLEUM OR COLUMBARIUM HAS
 RESERVED INTERMENT SPACE AND SECURED INTERMENT SERVICES  IN  A  CEMETERY
 REGULATED  UNDER  THIS  ARTICLE,  IN ORDER TO ASSURE CONTINUED PERPETUAL
 CARE OF THE REMAINS CONTAINED IN THE  MAUSOLEUM  OR  COLUMBARIUM  SHOULD
 SUCH  MAUSOLEUM OR COLUMBARIUM BECOME ABANDONED OR CHOOSE TO CEASE OPER-
 ATIONS.
   § 2. Subparagraph 7 of paragraph (a) of section 1506-a of the not-for-
 profit corporation law, as added by chapter 560 of the laws of 1998,  is
 amended to read as follows:
   (7)  have, enter into or perform a management contract with any entity
 other than a not-for-profit  cemetery  corporation;  PROVIDED,  HOWEVER,
 THAT  A  NOT-FOR-PROFIT CEMETERY CORPORATION MAY ENTER INTO OR PERFORM A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2017-A5784B (ACTIVE) - Details

Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1506, N-PC L; add §167, Gen Muni L; add §292-b, Town L; add §15-1512, Vil L; amd §7, Rel Corp L
Versions Introduced in 2015-2016 Legislative Session:
A10650

2017-A5784B (ACTIVE) - Summary

Prohibits the construction of any mausoleum or columbarium in a cemetery where such mausoleum or columbarium is the only form of interment offered in a cemetery, except in limited circumstances to assure the perpetual care of remains already in a mausoleum or columbarium.

2017-A5784B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5784--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 15, 2017
                                ___________
 
 Introduced  by  M.  of  A.  JONES,  PHEFFER AMATO,  CASTORINA, ERRIGO --
   Multi-Sponsored by -- M. of A. COOK, GALEF -- read once  and  referred
   to  the  Committee  on  Corporations,  Authorities  and Commissions --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said  committee  --  recommitted  to the Committee on
   Corporations, Authorities and Commissions in accordance with  Assembly
   Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the not-for-profit corporation  law  and  the  religious
   corporations  law,  in  relation  to  prohibiting  certain stand-alone
   mausoleum and columbarium
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  1506  of  the  not-for-profit corporation law is
 amended by adding a new paragraph (m) to read as follows:
   (M) PROHIBITION OF STAND-ALONE MAUSOLEUM AND COLUMBARIUM. NO  APPLICA-
 TION FOR THE CONSTRUCTION OF A MAUSOLEUM OR COLUMBARIUM TO BE LOCATED IN
 ANY  CITY,  TOWN OR VILLAGE SHALL BE APPROVED BY THE CEMETERY BOARD WHEN
 SUCH MAUSOLEUM OR COLUMBARIUM  SHALL  BE  THE  ONLY  FORM  OF  INTERMENT
 OFFERED BY A CEMETERY CORPORATION, UNLESS A MANAGEMENT CONTRACT HAS BEEN
 ENTERED  INTO WITH AN EXISTING CEMETERY CORPORATION REGULATED UNDER THIS
 ARTICLE, THAT WILL PROVIDE OPERATIONAL MANAGEMENT OF  THE  MAUSOLEUM  OR
 COLUMBARIUM,  AND THE OWNER OF THE MAUSOLEUM OR COLUMBARIUM HAS RESERVED
 INTERMENT SPACE AND SECURED INTERMENT SERVICES IN A  CEMETERY  REGULATED
 UNDER  THIS  ARTICLE, IN ORDER TO ASSURE CONTINUED PERPETUAL CARE OF THE
 REMAINS CONTAINED IN THE MAUSOLEUM OR COLUMBARIUM SHOULD SUCH  MAUSOLEUM
 OR COLUMBARIUM BECOME ABANDONED OR CHOOSE TO CEASE OPERATIONS.
   § 2. Subparagraph 7 of paragraph (a) of section 1506-a of the not-for-
 profit  corporation law, as added by chapter 560 of the laws of 1998, is
 amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00767-05-8

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