NY State Senate Bill 2017-S7695

Senate Bill S7695

2017-2018 Legislative Session

Provides for the administration of the state cemetery vandalism restoration, monument repair or removal and administration fund by the state cemetery board

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
May 22, 2018	advanced to third reading
May 16, 2018	2nd report cal.
May 15, 2018	1st report cal.1244
Feb 08, 2018	referred to corporations, authorities and commissions

Votes

- May 15, 2018 - Corporations, Authorities And Commissions Committee Vote
  S7695
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: May 15, 2018
      
      aye (7)
      
      Alcantara
      
      Amedore
      
      Comrie
      
      Kavanagh
      
      Larkin
      
      Ortt
      
      Ranzenhofer

2017-S7695 (ACTIVE) - Details

See Assembly Version of this Bill:: A10170
Current Committee:: Senate Rules
Law Section:: Not-for-Profit Corporation Law
Laws Affected:: Amd §1504, N-PC L; amd §97-r, St Fin L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2501, A1254
2021-2022: S2589, A367
2023-2024: A3687

2017-S7695 (ACTIVE) - Summary

Provides for the administration of the state cemetery vandalism restoration, monument repair or removal and administration fund by the state cemetery board; removes the state comptroller and commissioner of taxation and finance from administering the fund.

2017-S7695 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7695

SPONSOR: HELMING
 
TITLE OF BILL:  An act to amend the not-for-profit corporation law and
the state finance law, in relation to the administration of the state
cemetery vandalism restoration fund by the state cemetery board

 
PURPOSE:

This bill would amend the not-for-profit corporation law to update
authority for payments from the state cemetery vandalism restoration,
monument repair or removal and administration fund to rest with the
state cemetery board.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 1504 of the Not-for-Profit Corpo-
ration Law to add a new subparagraph (6) to paragraph (c) to provide
additional authority to the State Cemetery Board in matters relating to
the state cemetery vandalism restoration, monument repair or removal and
administration fund. The State Cemetery Board is composed of the Secre-

tary of State, Attorney General and Commissioner of Health or their
designees.

Section 2 amends subdivisions 1 and 3 of section 97-r of the state
finance law to provide custody of these funds for disbursement to the
State Cemetery Board and outlines the requirements for disbursement of
such funds.

Section 3 establishes that this act shall take effect on the first day
of April next after it shall have become a law.

 
JUSTIFICATION:

The Not-for-Profit Corporation Law has been amended in numerous
sections, resulting in a disjointed collection of protections and appli-
cations relating, to cemetery vandalism, abandonment and restoration
funds. This legislation would amend these various sections into more
concise language.

Additionally, it would provide that the State Cemetery Board, the entity
reviewing these applications for funds, has the authority to approve
distribution of these funds. This would ensure that funds go to ceme-
teries in need.

 
LEGISLATIVE HISTORY:

2013-14: A.3182-A/S.4323 Veto Memo No. 207 of 2013
2012: A.7416-A

 
FISCAL IMPLICATIONS:

Contributions to the fund are from regulated entities and not the State
of New York.

 
EFFECTIVE DATE:
This act shall take effect on the April next after it shall have become
a law.

2017-S7695 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7695
 
                             I N  S E N A T E
 
                             February 8, 2018
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN ACT to amend the not-for-profit corporation law and the state finance
   law, in relation to the administration of the state cemetery vandalism
   restoration fund by the state cemetery board

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of section 1504 of the not-for-profit  corpo-
 ration law is amended by adding a new subparagraph 6 to read as follows:
   (6)  TO  ADMINISTER THE STATE CEMETERY VANDALISM RESTORATION, MONUMENT
 REPAIR OR REMOVAL AND ADMINISTRATION FUND PURSUANT  TO  SECTION  NINETY-
 SEVEN-R  OF  THE  STATE  FINANCE LAW. MONEYS OF THE FUND, ESTABLISHED BY
 SECTION NINETY-SEVEN-R OF THE STATE FINANCE LAW, MAY BE EXPENDED FOR THE
 PURPOSES PROVIDED IN SUBPARAGRAPH THREE  OF  PARAGRAPH  (H)  OF  SECTION
 FIFTEEN  HUNDRED  SEVEN OF THIS ARTICLE ACCORDING TO THE REQUIREMENTS OF
 SUCH PARAGRAPH (H).
   § 2. Subdivisions 1 and 3 of section 97-r of the  state  finance  law,
 subdivision 1 as amended by chapter 380 of the laws of 2000 and subdivi-
 sion  3 as added by chapter 495 of the laws of 1988, are amended to read
 as follows:
   1. There is hereby established in the [joint]  custody  of  the  state
 [comptroller  and  the  commissioner  of  taxation and finance] CEMETERY
 BOARD a special fund to be known as the state cemetery vandalism  resto-
 ration, monument repair or removal and administration fund.
   3.  Moneys  of  the  fund may be expended for the purposes provided in
 subparagraph three of paragraph (h) of section fifteen hundred seven  of
 the not-for-profit corporation law according to the requirements of such
 paragraph  (h).  Moneys  shall  be paid out of the fund on the audit and
 warrant of the [state comptroller] CEMETERY BOARD on vouchers  certified
 or  approved by [the secretary of state] A MAJORITY VOTE OF THE CEMETERY
 BOARD. SUCH FUND SHALL BE UTILIZED SOLELY FOR THE PURPOSE UNDER WHICH IT
 WAS CREATED. AN ANNUAL REPORT TO THE STATE COMPTROLLER SHALL BE PROVIDED
 BY THE CEMETERY BOARD NO MORE THAN SIXTY DAYS FOLLOWING THE END  OF  THE
 PREVIOUS  FISCAL YEAR, WHICH DETAILS THE FUNDS RECEIVED AND EXPENDED FOR
 SUCH FISCAL YEAR.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08808-01-7

 S. 7695                             2

   § 3. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.

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