A10208 Summary:

SPONSORRules (Buttenschon)
Add §1506-f, N-PC L
Authorizes the maintenance of regulated cemeteries in cities; allows for certain cemetery corporations to make application for funds for maintenance of abandoned cemeteries.
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A10208 Actions:

05/06/2022referred to corporations, authorities and commissions
05/09/2022reported referred to ways and means
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A10208 Committee Votes:

CORPORATIONS, AUTHORITIES AND COMMISSIONS Chair:Paulin DATE:05/09/2022AYE/NAY:23/0 Action: Favorable refer to committee Ways and Means
Pheffer AmatoAye

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A10208 Floor Votes:

There are no votes for this bill in this legislative session.
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A10208 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Rules (Buttenschon)
  TITLE OF BILL: An act to amend the not-for-profit corporation law, in relation to authorizing the maintenance of regulated cemeteries in cities   PURPOSE: To allow abandoned city cemeteries to merge with another not-for-profit cemetery and have access to funds for maintenance of abandoned ceme- teries.   SUMMARY OF PROVISIONS: Section 1 creates a new section § 1506-f in the Not-For-Profit corpo- ration law to peixit abandoned city cemeteries to merge with another cemetery corporation already regulated by NYS, with permission from the cemetery board, and allows for the newly merged cemetery to apply for funds for maintenance of the abandoned cemetery. Section 2 is the effective date.   JUSTIFICATION: Currently, cemeteries in cities that have been abandoned do not belong to anyone. There is little incentive for abandoned cemeteries to be taken over due to the amount of internal debt that would come along with it. As a result, many cemeteries in cities become abandoned due to the lack of ownership and incentive to maintain it. This bill would permit abandoned cemeteries in cities to be merged with cemetery corporations regulated under the not-for-profit corporation law and approved by the cemetery board. In merging, an application must be made for maintenance of the abandoned cemetery. Money dispersed is to be used for the ordinary and necessary care of the abandoned cemetery.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: Effective immediately.
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A10208 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                       May 6, 2022
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Buttenschon)
          --  read  once and referred to the Committee on Corporations, Authori-
          ties and Commissions
        AN ACT to amend the  not-for-profit  corporation  law,  in  relation  to
          authorizing the maintenance of regulated cemeteries in cities
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The not-for-profit corporation law is amended by  adding  a
     2  new section 1506-f to read as follows:
     3  § 1506-f. Merged cemetery maintenance in cities.
     4    (a)  Upon application and approval by the cemetery board, any cemetery
     5  corporation regulated under this article that merges with another  ceme-
     6  tery  corporation  regulated  under this article and which is located in
     7  any city, pursuant to section fifteen hundred  six-d  of  this  article,
     8  shall  make  application  for funds pursuant to paragraph (h) of section
     9  fifteen hundred seven of this article and section ninety-seven-r of  the
    10  state  finance law for maintenance of abandoned cemeteries. Within sixty
    11  days of submission of a completed application, the cemetery board  shall
    12  approve or deny such application.
    13    (b) Monies disbursed following such merger application for funds shall
    14  be used exclusively for the purpose of the management and maintenance of
    15  the  cemetery  located in the city for purposes such as the ordinary and
    16  necessary care of a cemetery, including the removal of grass  and  weeds
    17  and  any  related operations and maintenance equipment, the refilling of
    18  graves, and the preservation, care, and fencing of a  cemetery,  demoli-
    19  tion  or  restoration  of  any buildings or structures in disrepair, and
    20  also including the care and restoration of crypts,  niches,  gravesites,
    21  monuments,  and memorials to allow for the repair and removal of danger-
    22  ous conditions and to allow for improvement of maintenance of  the  city
    23  cemetery.
    24    (c) Any residual funds disbursed to a cemetery corporation for mainte-
    25  nance  and  preservation  of  the  cemetery  located  in  a city must be
    26  returned to the cemetery board for redeposit  into  the  state  cemetery
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 10208                            2
     1  vandalism  restoration,  monument  repair  or removal and administration
     2  fund established by section ninety-seven-r of the state finance law.
     3    (d)  Within  ninety days of its receipt of disbursements, the cemetery
     4  corporation shall make a report to  the  cemetery  board  setting  forth
     5  details  of  the  maintenance  and clean-up undertaken and the amount of
     6  funds, if any, to be redeposited into the fund. If the  maintenance  and
     7  clean-up  have  not  been completed, or necessary equipment has not been
     8  purchased, the reasons therefor shall be set forth, and the  anticipated
     9  date for a subsequent, final report shall be disclosed.
    10    (e) Any cemetery corporation which assumes management and operation of
    11  a  cemetery  located in any city through merger as authorized by section
    12  fifteen hundred six-d of this article, shall be discharged  from  repay-
    13  ment  of  any  payments due from the city cemetery to its own funds from
    14  previous operations and loans to itself including but not limited to any
    15  and all permanent maintenance fund loans.
    16    § 2. This act shall take effect immediately.
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