S T A T E O F N E W Y O R K
________________________________________________________________________
4610
2019-2020 Regular Sessions
I N S E N A T E
March 15, 2019
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Corporations, Authorities
and Commissions
AN ACT to amend the religious corporations law, in relation to the sale
of monuments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The fourth undesignated paragraph and the closing paragraph
of section 7 of the religious corporations law, the fourth undesignated
paragraph as added by chapter 560 of the laws of 1998 and the closing
paragraph as amended by chapter 296 of the laws of 2018, are amended to
read as follows:
No religious corporation owning, managing or controlling a cemetery
shall, directly or indirectly:
(a) sell, or have, enter into or perform a lease of any of its real
property dedicated to cemetery purposes or adjacent thereto to a funeral
entity, or use any of its property for locating a funeral entity;
(b) commingle its funds with a funeral entity;
(c) direct or carry on its cemetery related business or affairs with a
funeral entity;
(d) authorize control of its cemetery related business or affairs by a
funeral entity;
(e) engage in any sale or cross-marketing of goods or services with a
funeral entity;
(f) have, enter into or perform a management or service contract for
cemetery operations with a funeral entity; [or]
(g) have, enter into or perform a management contract with any entity
other than a not-for-profit cemetery or religious corporation[.];
(H) ENGAGE IN THE SALE OF MONUMENTS, NOT INCLUDING FLUSH BRONZE MARK-
ERS, NOR SHALL SUCH MONUMENTS BE DISPLAYED FOR SALE ON THE PROPERTY OF A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10441-01-9
S. 4610 2
RELIGIOUS CORPORATION, WHETHER SUCH PROPERTY IS LOCATED ON CEMETERY
GROUNDS OR ELSEWHERE; OR
(I) AUTHORIZE OR PERMIT ANY EMPLOYEE OR TRUSTEE OR DIRECTOR THEREOF TO
ADVERTISE OR MAKE KNOWN HIS OR HER RELATIONSHIP TO SUCH RELIGIOUS CORPO-
RATION OR CEMETERY IF SUCH PERSON IS ENGAGED IN THE SALE OF MONUMENTS
OUTSIDE OF HIS OR HER EMPLOYMENT BY OR AFFILIATION WITH THE RELIGIOUS
CORPORATION OR THE CEMETERY.
Only the provisions of subparagraphs (a) [and], (b), (H) AND (I) of
the [previous] FOURTH UNDESIGNATED paragraph OF THIS SECTION shall apply
to religious corporations with thirty acres or less of real property
dedicated to cemetery purposes, and only to the extent the sale or lease
is of real property dedicated to cemetery purposes, and such cemeteries
shall not engage in the sale of funeral home goods or services, except
if such goods and services are otherwise permitted to be sold by ceme-
teries. No religious corporation shall approve or authorize the
construction of a mausoleum or columbarium on property owned by the
religious corporation where such mausoleum or columbarium shall be the
only form of interment offered for cemetery purposes unless a management
contract has been entered into with an existing cemetery corporation
regulated under article fifteen of the not-for-profit corporation law,
that will provide operational management of the mausoleum or columbari-
um, 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. This act shall take effect on the thirtieth day after it shall
have become a law.
