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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5784B
SPONSOR: Jones
 
TITLE OF BILL: 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
 
PURPOSE:
Prohibits the construction of any mausoleum or columbarium in a cemetery
where such mausoleum or columbarium s the only form of interment offered
in the cemetery.
 
SUMMARY OF PROVISIONS:
Section 1 amends Section 1506 of the not-for-profit corporation law to
add a new paragraph 9m0. No application for the construction of a mauso-
leum or columbarium be approved by the cemetery board when such mausole-
um or columbarium shall be the only form of interment offered by a ceme-
tery corporation.
Section 2 amends the closing paragraph of section 7 of the religious
corporations law, as added by chapter 560 of the laws of 1998. No reli-
gious 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.
Section 3 establishes the effective date.
 
JUSTIFICATION:
Cemeteries across New York successfully provide families with a variety
of important options for final disposition of human remains. Unfortu-
nately, in a few instances, the state has allowed the incorporation of
cemetery entities for the sole purpose of constructing stand-alone
mausoleums and stand-alone columbarium. In two recent high-profile
events, these entities have failed and became the responsibility of
local government. These costs have been significant.
Mausoleums and columbarium have proven to be successful for many ceme-
teries when they are part of a larger financial polan and presented as
an additional burial option for cemeteries. They have also been success-
ful by helping cemeteries extend heir ability to offer burial services
by utilizing burial space otherwise unavailable for in-ground burial.
However they have proven to be unsuccessful when a cemetery is created
solely for the purpose of construction of a stand alone mausoleum or
columbarium. This model exposes local governments and other entities to
financial hardship if a facility is subsequently abandoned and is
prohibited by this legislation.
 
LEGISLATIVE HISTORY:
2015-2016: S. 8029 Referred to Rules
A. 10650 Referred to corporations, authorities and commissions
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5784--B
2017-2018 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Section 1506 of the not-for-profit corporation law is
2 amended by adding a new paragraph (m) to read as follows:
3 (m) Prohibition of stand-alone mausoleum and columbarium. No applica-
4 tion for the construction of a mausoleum or columbarium to be located in
5 any city, town or village shall be approved by the cemetery board when
6 such mausoleum or columbarium shall be the only form of interment
7 offered by a cemetery corporation, unless a management contract has been
8 entered into with an existing cemetery corporation regulated under this
9 article, that will provide operational management of the mausoleum or
10 columbarium, and the owner of the mausoleum or columbarium has reserved
11 interment space and secured interment services in a cemetery regulated
12 under this article, in order to assure continued perpetual care of the
13 remains contained in the mausoleum or columbarium should such mausoleum
14 or columbarium become abandoned or choose to cease operations.
15 § 2. Subparagraph 7 of paragraph (a) of section 1506-a of the not-for-
16 profit corporation law, as added by chapter 560 of the laws of 1998, is
17 amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00767-05-8
A. 5784--B 2
1 (7) have, enter into or perform a management contract with any entity
2 other than a not-for-profit cemetery corporation; provided, however,
3 that a not-for-profit cemetery corporation may enter into or perform a
4 management contract with a private cemetery corporation for the opera-
5 tional management of a mausoleum or columbarium by such private cemetery
6 corporation provided such contract shall have first been authorized by
7 the board of the not-for-profit cemetery corporation.
8 § 3. The closing paragraph of section 7 of the religious corporations
9 law, as added by chapter 560 of the laws of 1998, is amended to read as
10 follows:
11 Only the provisions of subparagraphs (a) and (b) of the previous para-
12 graph shall apply to religious corporations with thirty acres or less of
13 real property dedicated to cemetery purposes, and only to the extent the
14 sale or lease is of real property dedicated to cemetery purposes, and
15 such cemeteries shall not engage in the sale of funeral home goods or
16 services, except if such goods and services are otherwise permitted to
17 be sold by cemeteries. No religious corporation shall approve or author-
18 ize the construction of a mausoleum or columbarium on property owned by
19 the religious corporation where such mausoleum or columbarium shall be
20 the only form of interment offered for cemetery purposes unless a
21 management contract has been entered into with an existing cemetery
22 corporation regulated under article fifteen of the not-for-profit corpo-
23 ration law, that will provide operational management of the mausoleum or
24 columbarium, and the owner of the mausoleum or columbarium has reserved
25 interment space and secured interment services in a cemetery regulated
26 under this article, in order to assure continued perpetual care of the
27 remains contained in the mausoleum or columbarium should such mausoleum
28 or columbarium become abandoned or choose to cease operations.
29 § 4. This act shall take effect immediately.