A10208 Summary:

BILL NOA10208A
 
SAME ASSAME AS S09170-A
 
SPONSORRules (Buttenschon)
 
COSPNSR
 
MLTSPNSR
 
Add §§1507 & 1506-d, N-PC L
 
Relates to the maintenance of abandoned cemeteries; authorizes a solvent not-for-profit cemetery corporation that merges with an abandoned cemetery in a city to apply for state funds for the maintenance of an abandoned cemetery.
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A10208 Actions:

BILL NOA10208A
 
05/06/2022referred to corporations, authorities and commissions
05/09/2022reported referred to ways and means
05/23/2022reported referred to rules
05/24/2022reported
05/24/2022rules report cal.432
05/24/2022ordered to third reading rules cal.432
05/24/2022passed assembly
05/24/2022delivered to senate
05/24/2022REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
05/31/2022recalled from senate
05/31/2022RETURNED TO ASSEMBLY
05/31/2022vote reconsidered - restored to third reading
05/31/2022amended on third reading (t) 10208a
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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
PaulinAyeLemondesAye
CookAyeBlankenbushAye
GalefAyeFriendAye
QuartExcusedLalorAye
OtisAyePalmesanoAye
RozicExcusedAngelinoAye
KimAyeJensenAye
SeawrightAye
DilanAye
Pheffer AmatoAye
VanelAye
CarrollAye
NiouAye
FallAye
Jean-PierreAye
Gonzalez-RojasAye
ZinermanAye
TapiaAye

WAYS AND MEANS Chair:Weinstein DATE:05/23/2022AYE/NAY:30/0 Action: Favorable refer to committee Rules
WeinsteinAyeRaAye
GlickAyeFitzpatrickAye
NolanAyeHawleyAye
PretlowAyeMontesanoAye
ColtonAyeBlankenbushExcused
CookAyeNorrisAye
CahillAyeBrabenecAye
AubryAyePalmesanoAye
CusickExcusedByrneAye
BenedettoAyeAshbyAye
WeprinAye
RamosExcused
BraunsteinAye
McDonaldAye
RozicAye
DinowitzAye
JoynerAye
MagnarelliAye
ZebrowskiAye
BronsonAye
DilanExcused
SeawrightAye
HyndmanExcused
WalkerAye
BichotteAye

RULES Chair:Gottfried DATE:05/24/2022AYE/NAY:29/0 Action: Favorable
HeastieExcusedBarclayExcused
GottfriedAyeHawleyAye
NolanAyeGiglioAye
WeinsteinAyeBlankenbushAye
PretlowAyeNorrisAye
CookAyeMontesanoAye
GlickAyeRaAye
AubryAyeBrabenecAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PaulinAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye
ThieleAye
BraunsteinAye
DickensAye
DavilaAye
HyndmanAye

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A10208 Floor Votes:

DATE:05/24/2022Assembly Vote  YEA/NAY: 148/0
AbbateYClarkYFriendYKellesYOtisYSimpsonY
AbinantiYColtonYFrontusYKimYPalmesanoYSmithY
AndersonYConradYGalefYLalorYPaulinYSmullenY
AngelinoYCookYGallagherYLavineYPeoples-StokesYSolagesY
AshbyYCruzYGallahanYLawlerYPheffer AmatoYSteckY
AubryYCunninghamYGandolfoYLemondesYPretlowYSternY
BarclayYCusickYGibbsYLucasYQuartYStirpeY
BarnwellYCymbrowitzYGiglio JAYLunsfordYRaYTagueY
BarrettYDarlingYGiglio JMYLupardoYRajkumarYTannousisY
BenedettoYDavilaYGlickYMagnarelliYRamosYTapiaY
BichotteYDe Los SantosYGonzalez-RojasYMamdaniYReillyYTaylorY
BlankenbushYDeStefanoYGoodellYManktelowYReyesYThieleY
BrabenecYDickensYGottfriedYMcDonaldYRivera J YVanelY
BraunsteinYDilanERGriffinYMcDonoughYRivera JDYWalczykY
BronsonYDinowitzYGuntherYMcMahonYRosenthal D YWalkerY
Brown E YDiPietroYHawleyYMeeksYRosenthal L YWallaceY
Brown K YDursoYHevesiYMikulinYRozicYWalshY
BurdickYEichensteinYHunterYMillerYSalkaYWeinsteinY
BurgosYEnglebrightYHyndmanYMitaynesYSantabarbaraYWeprinY
BurkeYEpsteinYJacksonYMontesanoYSayeghYWilliamsY
ButtenschonYFahyYJacobsonYMorinelloYSchmittYWoernerY
ByrneYFallYJean-PierreYNiouYSeawrightYZebrowskiY
ByrnesYFernandezYJensenYNolanYSeptimoYZinermanY
CahillYFitzpatrickYJonesYNorrisYSillittiYMr. SpeakerY
CarrollYForrestYJoynerYO'DonnellYSimonY

DATE:05/31/2022MOTION:RULES (BUTTENSC; To reconsider YEA/NAY: 149/0
AbbateYChandler-WatermYForrestYJoynerYO'DonnellYSimonY
AbinantiYClarkYFriendYKellesYOtisYSimpsonY
AndersonYColtonYFrontusYKimYPalmesanoYSmithY
AngelinoYConradYGalefYLalorYPaulinYSmullenY
AshbyYCookYGallagherYLavineYPeoples-StokesYSolagesY
AubryYCruzYGallahanYLawlerYPheffer AmatoYSteckY
BarclayYCunninghamYGandolfoYLemondesYPretlowYSternY
BarnwellYCusickYGibbsYLucasYQuartYStirpeY
BarrettYCymbrowitzYGiglio JAYLunsfordYRaYTagueY
BenedettoYDarlingYGiglio JMYLupardoYRajkumarYTannousisY
BichotteYDavilaYGlickYMagnarelliYRamosYTapiaY
BlankenbushYDe Los SantosYGonzalez-RojasYMamdaniYReillyYTaylorY
BrabenecYDeStefanoYGoodellYManktelowYReyesYThieleY
BraunsteinYDickensYGottfriedYMcDonaldYRivera J YVanelY
BronsonYDilanYGriffinYMcDonoughYRivera JDYWalczykY
Brown E YDinowitzYGuntherYMcMahonYRosenthal D ERWalkerY
Brown K YDiPietroYHawleyYMeeksYRosenthal L YWallaceY
BurdickYDursoYHevesiYMikulinYRozicYWalshY
BurgosYEichensteinYHunterYMillerYSalkaYWeinsteinY
BurkeYEnglebrightYHyndmanYMitaynesYSantabarbaraYWeprinY
ButtenschonYEpsteinYJacksonYMontesanoYSayeghYWilliamsY
ByrneYFahyYJacobsonYMorinelloYSchmittYWoernerY
ByrnesYFallYJean-PierreYNiouYSeawrightYZebrowskiY
CahillYFernandezYJensenYNolanYSeptimoYZinermanY
CarrollYFitzpatrickYJonesYNorrisYSillittiYMr. SpeakerY

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A10208 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10208A
 
SPONSOR: Rules (Buttenschon)
  TITLE OF BILL: An act to amend the not-for-profit corporation law, in relation to authorizing the maintenance of abandoned cemeteries   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 ordi- nary 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
        ________________________________________________________________________
 
                                        10208--A
                                                                   R. R. 432
 
                   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 -- reported and referred to the Committee on Ways
          and Means -- reported and  referred  to  the  Committee  on  Rules  --
          ordered  to a third reading -- passed by Assembly and delivered to the
          Senate, recalled from the Senate,  vote  reconsidered,  bill  amended,
          ordered  reprinted,  retaining its place on the special order of third
          reading
 
        AN ACT to amend the  not-for-profit  corporation  law,  in  relation  to
          authorizing the maintenance of abandoned cemeteries
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (h) of section 1507 of the not-for-profit  corpo-
     2  ration  law,  as amended by chapter 380 of the laws of 2000 and subpara-
     3  graph 4 as amended by chapter 363 of the laws of  2009,  is  amended  to
     4  read as follows:
     5    (h)  Vandalism,  abandonment and monument repair or removal. (1) Ceme-
     6  teries incorporated under  this  article  shall  contribute  to  a  fund
     7  created  pursuant to section ninety-seven-r of the state finance law for
     8  the maintenance of abandoned cemeteries, including the  construction  of
     9  cemetery  fences,  placement of cemetery lights and replacement of ceme-
    10  tery doors and locks, for the restoration of property damaged by acts of
    11  vandalism, and for the repair or removal of monuments or  other  markers
    12  not owned by the cemetery corporation that have fallen into disrepair or
    13  dilapidation  so  as to create a dangerous condition. Such fund shall be
    14  administered by a board of trustees comprised of the secretary of state,
    15  the attorney general and the commissioner of health, or their designees,
    16  who shall serve without additional compensation.
    17    (2) The fund shall be financed by contributions by the cemetery corpo-
    18  rations of not more than five dollars ($5.00) per interment or cremation
    19  in a manner to be determined by the New York state  cemetery  board.  No
    20  contributions shall be collected upon the interment of the cremains of a
    21  deceased person where a contribution was collected upon cremations.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15736-04-2

        A. 10208--A                         2
 
     1    (3)  The  moneys of the fund shall be expended equally for the mainte-
     2  nance of abandoned cemeteries previously owned by a corporation incorpo-
     3  rated pursuant to this chapter or the membership  corporations  law  and
     4  the  repair  of  cemetery  vandalism damage and the repair or removal of
     5  monuments  or  other  markers  not  owned  by  the cemetery corporation,
     6  provided, however, that the cemetery board may  determine  that  circum-
     7  stances  necessitate  an  unequal distribution due to specific needs and
     8  may provide for such distribution. For purposes  of  this  section,  the
     9  maintenance  of  abandoned  cemeteries  may  include the construction of
    10  cemetery fences, placement of cemetery  lights,  removal  of  grass  and
    11  weeds,  demolition  or  restoration  of  any  buildings or structures in
    12  disrepair, the refilling of graves, the repair or removal  of  monuments
    13  or  other markers not owned by the cemetery corporation that have fallen
    14  into disrepair or dilapidation so as to create  a  dangerous  condition,
    15  and  replacement  of  cemetery doors and locks. For the purposes of this
    16  paragraph, the term "abandoned cemetery" may include cemeteries in immi-
    17  nent danger of abandonment as determined by the New York state  cemetery
    18  board.
    19    (4) Authorization for payments by the fund for maintenance of an aban-
    20  doned  cemetery  shall  be  made  by  the  secretary  of state only upon
    21  approval by the cemetery board of an application by  a  municipality  or
    22  other solvent not-for-profit cemetery corporation, or a solvent not-for-
    23  profit  cemetery corporation that merges with an abandoned cemetery in a
    24  city pursuant to section fifteen hundred six-d of this article, for fair
    25  and reasonable expenses required to be made by  the  municipality  [or],
    26  other  solvent not-for-profit cemetery corporation for maintenance of an
    27  abandoned cemetery, or a  solvent  not-for-profit  cemetery  corporation
    28  that  merges  with  an  abandoned cemetery in a city pursuant to section
    29  fifteen hundred six-d of this article; provided, however, that the ceme-
    30  tery board shall not approve any such  application  unless  the  munici-
    31  pality  [or],  other  solvent  not-for-profit  cemetery  corporation, or
    32  solvent not-for-profit cemetery corporation that merges  with  an  aban-
    33  doned  cemetery  in  a city pursuant to section fifteen hundred six-d of
    34  this article acknowledges that the responsibility  for  restoration  and
    35  future  care,  preservation,  and  maintenance of such cemetery has been
    36  assumed by the municipality or  other  solvent  not-for-profit  cemetery
    37  corporation,  or  the  solvent  not-for-profit cemetery corporation that
    38  merges with an abandoned cemetery in a city pursuant to section  fifteen
    39  hundred  six-d of this article. For the purposes of this paragraph, such
    40  cemetery shall always be deemed an abandoned cemetery.
    41    (5) Authorization for payments by the fund for the repair of vandalism
    42  damage shall be made by the secretary of state only on approval  by  the
    43  New York state cemetery board which shall determine:
    44    (i)  that  an act of vandalism to the extent described by the cemetery
    45  corporation did take place;
    46    (ii) that either a written report of the vandalism was filed with  the
    47  local  police  or  sheriff's  department,  or,  that  the cemetery, upon
    48  consent of the division, made a determination not  to  file  the  report
    49  because  the publicity generated by filing the report would have adverse
    50  consequences for the cemetery;
    51    (iii) that the cost of repairs is fair and reasonable; and
    52    (iv) that the cemetery corporation has been  unable  to  obtain  funds
    53  from the lot owner, his spouse, devisees or descendants within a reason-
    54  able  period of time nor are there adequate funds in the cemetery corpo-
    55  rations monument maintenance fund, if such a fund has  been  established
    56  by the cemetery.

        A. 10208--A                         3
 
     1    (6)  Authorization  for payments by the fund for the repair or removal
     2  of monuments or other markers not  owned  by  the  cemetery  corporation
     3  shall be made by the secretary of state only on approval by the New York
     4  state cemetery board on application by the cemetery corporation showing:
     5    (i)  that the monuments or markers are so badly out of repair or dila-
     6  pidated as to create a dangerous condition;
     7    (ii) that the cost of remedying the condition is fair and reasonable;
     8    (iii) that the cemetery corporation has given not less than sixty days
     9  notice to the last known owner to repair or remove the monument or other
    10  marker and the said owner has failed to do so within the time prescribed
    11  in said notice.
    12    (7) The New York state cemetery board shall promulgate rules  defining
    13  standards  of  maintenance,  as well as what type of vandalism or out of
    14  repair or dilapidated monuments  or  other  markers  shall  qualify  for
    15  payment  of  repair  or removal by the fund and the method and amount of
    16  payment of contributions described in subparagraph two of this paragraph
    17  upon the recommendation of the state cemetery  board  citizens  advisory
    18  council  created  by  section  fifteen  hundred  seven-a of this article
    19  (State cemetery board citizens advisory council).   The New  York  state
    20  cemetery  board  shall  approve or deny any application made pursuant to
    21  this section no later than sixty  days  after  receipt  of  a  completed
    22  application.
    23    (8) Nothing contained in this paragraph is to be construed as giving a
    24  cemetery  corporation  an  "insurable  interest"  in  monuments or other
    25  embellishments on a plot, lot or part thereof, nor is it meant to  imply
    26  that  the  cemetery  corporation  has  any  responsibility for repairing
    27  vandalism damage not covered by this fund, nor for repairing or removing
    28  out of repair or dilapidated monuments or other markers not owned by the
    29  cemetery corporation, nor shall it constitute the doing of an  insurance
    30  business.
    31    §  2.  Section 1506-d of the not-for-profit corporation law is amended
    32  by adding a new subdivision (d) to read as follows:
    33    (d) Any cemetery corporation which assumes management and operation of
    34  a cemetery located in any city through  merger  as  authorized  by  this
    35  section, shall be discharged from repayment of any payments due from the
    36  city  cemetery  to  its  own funds from previous operations and loans to
    37  itself including but not  limited  to  any  permanent  maintenance  fund
    38  loans.
    39    § 3. This act shall take effect immediately.
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