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A08078 Summary:

BILL NOA08078
 
SAME ASSAME AS S06396
 
SPONSORDinowitz
 
COSPNSR
 
MLTSPNSR
 
Amd 1502 & 1513-a, N-PC L
 
Relates to reacquisition of a lot, plot, or part thereof owned by a nonsectarian burial society or by a cemetery corporation; defines nonsectarian burial society and religious burial society.
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A08078 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8078
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 25, 2017
                                       ___________
 
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Corporations, Authorities and Commissions
 
        AN  ACT  to amend the not-for-profit corporation law, in relation to the
          reacquisition of a lot, plot, or part thereof owned by a  nonsectarian
          burial  society  or  by a cemetery corporation; and in relation to the
          definition of certain types of burial societies
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  1502  of  the  not-for-profit corporation law is
     2  amended by adding two new paragraphs (r) and (s) to read as follows:
     3    (r) The term "nonsectarian burial  society"  means  a  corporation  or
     4  unincorporated association or society having among its activities or its
     5  former  activities  the provision of burial benefits for its members and
     6  not supervised or controlled by a religious corporation.
     7    (s) The term "religious burial society" means a corporation  or  unin-
     8  corporated  association  or  society  having among its activities or its
     9  former activities the provision of burial benefits for its  members  and
    10  supervised or controlled by a religious corporation.
    11    §  2.  Paragraphs  (d) and (f) of section 1513-a of the not-for-profit
    12  corporation law, as added by chapter  478  of  the  laws  of  2003,  are
    13  amended  and four new paragraphs (i), (j), (k) and (l) are added to read
    14  as follows:
    15    (d) Upon the sale of a lot, plot or part  thereof  reacquired  by  the
    16  corporation  under  the provisions of paragraph (a), (b), or (c) of this
    17  section, thirty-five percent of the net proceeds shall be placed in  the
    18  permanent maintenance fund and sixty-five percent shall be placed in the
    19  current maintenance fund.  Provided, however, that if their property was
    20  reacquired  under  paragraph (i) of this section, thirty-five percent of
    21  the net proceeds shall be placed  in  the  permanent  maintenance  fund,
    22  fifty  percent  shall  be  placed  in  the  current maintenance fund and
    23  fifteen percent shall be placed in a perpetual care fund which the ceme-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11769-01-7

        A. 8078                             2
 
     1  tery shall establish in the name of the defunct society for  the  exclu-
     2  sive  purpose  of  maintenance  of  the grounds on which the graves were
     3  reacquired.
     4    (f)  The  provisions of this section shall not apply to a lot, plot or
     5  part thereof whose record owner  is  a  [corporation  or  unincorporated
     6  association  or society having among its activities or its former activ-
     7  ities the provision of burial benefits for its members] religious burial
     8  society.
     9    (i) A cemetery corporation may, upon application and approval  by  the
    10  cemetery  board,  reacquire, resubdivide, and resell a lot, plot or part
    11  thereof formerly owned  by  a  nonsectarian  burial  society  under  the
    12  following circumstances:
    13    (1) If the cemetery corporation has received a request to make a buri-
    14  al on the grounds of a nonsectarian burial society and the provisions of
    15  paragraph  (h)  of section fifteen hundred twelve of this article had to
    16  be invoked to make the burial then the cemetery corporation may, at  its
    17  discretion, commence the process of reacquiring the unused graves on the
    18  grounds  of the nonsectarian burial society, except that any graves that
    19  have been reserved for individuals where  such  reservations  have  been
    20  recorded  on  the books and records of the cemetery corporation shall be
    21  exempt from reclamation; or
    22    (2) If routine mailings or proxy mailings are sent to the officers  of
    23  record  of  a nonsectarian burial society and such mailings are returned
    24  by the post office, the cemetery corporation  may,  at  its  discretion,
    25  make a second mailing by certified mail return receipt requested to each
    26  officer  of record of the nonsectarian burial society as recorded on the
    27  cemetery's books and records and, if each of these mailings is  returned
    28  by  the  post  office,  the cemetery corporation may, at its discretion,
    29  commence the process of reacquiring the unused graves on the grounds  of
    30  the  nonsectarian  burial society, except that any graves that have been
    31  reserved for individuals where such reservations have been  recorded  on
    32  the  books  and records of the cemetery corporation shall be exempt from
    33  reacquisition.
    34    (j) If a cemetery corporation has decided to commence the  process  of
    35  reacquiring graves owned by a nonsectarian burial society it shall:
    36    (1) send by certified mail return receipt requested to each individual
    37  who  has  engaged in proprietary activities in connection with graves on
    38  the grounds of a nonsectarian burial  society,  seeking  the  names  and
    39  addresses of any current officers of the nonsectarian burial society and
    40  informing  those individuals of the cemetery corporation's intentions of
    41  reacquiring the unused graves on the grounds of the nonsectarian  burial
    42  society;
    43    (2) send by certified mail return receipt requested to each individual
    44  who  has  a  grave reserved or deeded to them a letter seeking the names
    45  and addresses of any current officers of the nonsectarian burial society
    46  and informing such individuals of the cemetery corporation's  intentions
    47  or  reacquiring  the  unused  graves  on the grounds of the nonsectarian
    48  burial society;
    49    (3) post a notice as provided in clause three of subparagraph (iii) of
    50  paragraph (a) of this section;
    51    (4) publish a notice as provided in clause five of subparagraph (iii)
    52   of paragraph (a) of this section;
    53    (5) prepare and submit an affidavit  as  provided  in  clause  six  of
    54  subparagraph (iii) of paragraph (a) of this section; and
    55    (6) upon the sale of any grave or graves on the grounds of the nonsec-
    56  tarian  burial society which have been reacquired by the cemetery corpo-

        A. 8078                             3
 
     1  ration, the cemetery corporation shall distribute the  net  proceeds  of
     2  the sale as provided in paragraph (d) of this section.
     3    (k)  The  cemetery  corporation shall delay the sale of ten percent of
     4  the graves it reacquires from the nonsectarian burial society for twenty
     5  years as a reserve in the event an individual or individuals are identi-
     6  fied who have a valid claim for burial on the grounds of the nonsectari-
     7  an burial society.
     8    (l) At the time the graves that have been  reacquired  by  a  cemetery
     9  corporation from a nonsectarian burial society are sold, the contract of
    10  sale  shall contain a clause in bold type which specifies that the monu-
    11  ments to be erected on such lot, plot or part thereof, shall conform  to
    12  the  size,  style  and  type of monuments in the section of the cemetery
    13  where such graves are located.
    14    § 3. This act shall take effect immediately.
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