Senate Bill S1876A

Vetoed By Governor
2019-2020 Legislative Session

Relates to the abandonment of cemeteries

download bill text pdf

Sponsored By

Archive: Last Bill Status - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

2019-S1876 - Details

See Assembly Version of this Bill:
A1605
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Add §1506-d, amd §1507, N-PC L; amd §291, Town L
Versions Introduced in 2017-2018 Legislative Session:
S7835, A10515

2019-S1876 - Summary

Relates to the abandonment of cemeteries; notification and assistance.

2019-S1876 - Sponsor Memo

2019-S1876 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1876
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 town law, in
   relation to the abandonment of cemeteries

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The not-for-profit corporation law is amended by adding a
 new section 1506-d to read as follows:
 § 1506-D. CEMETERY ABANDONMENT NOTIFICATION AND ASSISTANCE.
   ANY CEMETERY CORPORATION THAT SHALL HAVE INSUFFICIENT GENERAL  OPERAT-
 ING  FUNDS  WITH  WHICH  TO  CONTINUE OPERATIONS OR THAT DOES NOT HAVE A
 BOARD SUFFICIENT TO CARRY ON OPERATIONS OF THE CEMETERY,  SHALL  PROVIDE
 NOTICE  TO THE STATE CEMETERY BOARD AND THE GOVERNING BOARD OF THE MUNI-
 CIPALITY OR MUNICIPALITIES IN WHICH THE CEMETERY IS LOCATED AT LEAST ONE
 HUNDRED AND EIGHTY DAYS IN ADVANCE OF THE DATE OF  EXPECTED  ABANDONMENT
 TO  A MUNICIPALITY.  UPON NOTIFICATION BY THE CEMETERY CORPORATION OR AS
 A RESULT OF A REVIEW OF THE FINANCIAL AND CORPORATE STATUS OF A CEMETERY
 CORPORATION, THE STATE CEMETERY BOARD SHALL NOTIFY THE  GOVERNING  BOARD
 OF  THE MUNICIPALITY WHERE SUCH CEMETERY CORPORATION IS LOCATED AT LEAST
 ONE HUNDRED AND TWENTY DAYS IN ADVANCE OF THE DATE OF EXPECTED  ABANDON-
 MENT. PRIOR TO ABANDONMENT, THE STATE CEMETERY BOARD SHALL WORK WITH THE
 CEMETERY  CORPORATION  AND  THE GOVERNING BOARD OR BOARDS OF THE MUNICI-
 PALITY OR MUNICIPALITIES IN WHICH THE CEMETERY CORPORATION IS LOCATED TO
 ASSIST IN RECONSTITUTING THE BOARD OF THE CEMETERY  CORPORATION;  OR  TO
 ARRANGE TO PROVIDE THE CEMETERY CORPORATION WITH TEMPORARY ASSISTANCE IN
 OPERATING  THE  CEMETERY;  OR  TO LOCATE ANOTHER CEMETERY CORPORATION TO
 TAKE OVER THE CEMETERY CORPORATION  SEEKING  ABANDONMENT  OR  ANY  OTHER
 LAWFUL  MEASURE  THAT MIGHT PREVENT ABANDONMENT.  IN THE EVENT THE CEME-
 TERY CORPORATION BOARD IS NOT RECONSTITUTED OR IF THE CONDITION OF  SUCH
 ABANDONED  CEMETERY  PREVENTS EFFECTIVE MUNICIPAL TAKEOVER WITHIN NINETY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2019-S1876A (ACTIVE) - Details

See Assembly Version of this Bill:
A1605
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Add §1506-d, amd §1507, N-PC L; amd §291, Town L
Versions Introduced in 2017-2018 Legislative Session:
S7835, A10515

2019-S1876A (ACTIVE) - Summary

Relates to the abandonment of cemeteries; notification and assistance.

2019-S1876A (ACTIVE) - Sponsor Memo

2019-S1876A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1876--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2019
                                ___________
 
 Introduced by Sens. COMRIE, RANZENHOFER -- read twice and ordered print-
   ed, 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 not-for-profit corporation law and the town law,  in
   relation to the abandonment of cemeteries
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The not-for-profit corporation law is amended by  adding  a
 new section 1506-d to read as follows:
 § 1506-D. CEMETERY ABANDONMENT NOTIFICATION AND ASSISTANCE.
   ANY  CEMETERY CORPORATION THAT SHALL HAVE INSUFFICIENT GENERAL OPERAT-
 ING FUNDS WITH WHICH TO CONTINUE OPERATIONS OR  THAT  DOES  NOT  HAVE  A
 BOARD  SUFFICIENT  TO CARRY ON OPERATIONS OF THE CEMETERY, SHALL PROVIDE
 NOTICE TO THE STATE CEMETERY BOARD AND THE GOVERNING BOARD OF THE  MUNI-
 CIPALITY OR MUNICIPALITIES IN WHICH THE CEMETERY IS LOCATED AT LEAST ONE
 HUNDRED  AND  EIGHTY DAYS IN ADVANCE OF THE DATE OF EXPECTED ABANDONMENT
 TO A MUNICIPALITY.  UPON NOTIFICATION BY THE CEMETERY CORPORATION OR  AS
 A RESULT OF A REVIEW OF THE FINANCIAL AND CORPORATE STATUS OF A CEMETERY
 CORPORATION,  THE  STATE CEMETERY BOARD SHALL NOTIFY THE GOVERNING BOARD
 OF THE MUNICIPALITY WHERE SUCH CEMETERY CORPORATION IS LOCATED AT  LEAST
 ONE  HUNDRED AND TWENTY DAYS IN ADVANCE OF THE DATE OF EXPECTED ABANDON-
 MENT. PRIOR TO ABANDONMENT, THE STATE CEMETERY BOARD SHALL WORK WITH THE
 CEMETERY CORPORATION AND THE GOVERNING BOARD OR BOARDS  OF  THE  MUNICI-
 PALITY OR MUNICIPALITIES IN WHICH THE CEMETERY CORPORATION IS LOCATED TO
 ASSIST  IN  RECONSTITUTING  THE BOARD OF THE CEMETERY CORPORATION; OR TO
 ARRANGE TO PROVIDE THE CEMETERY CORPORATION WITH TEMPORARY ASSISTANCE IN
 OPERATING THE CEMETERY; OR TO LOCATE  ANOTHER  CEMETERY  CORPORATION  TO
 TAKE  OVER  THE  CEMETERY  CORPORATION  SEEKING ABANDONMENT OR ANY OTHER
 LAWFUL MEASURE THAT MIGHT PREVENT ABANDONMENT.  IN THE EVENT  THE  CEME-
 TERY  CORPORATION BOARD IS NOT RECONSTITUTED OR IF THE CONDITION OF SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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