STATE OF NEW YORK
________________________________________________________________________
3369
2013-2014 Regular Sessions
IN ASSEMBLY
January 25, 2013
___________
Introduced by M. of A. MORELLE, COLTON, CYMBROWITZ, HEVESI, ABBATE,
CUSICK, WEISENBERG -- Multi-Sponsored by -- M. of A. ABINANTI,
BARCLAY, CROUCH, GALEF, HEASTIE, KELLNER, LUPARDO, MONTESANO, NOLAN,
ROSENTHAL, SWEENEY -- read once and referred 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:
1 Section 1. The fourth and fifth undesignated paragraphs of section 7
2 of the religious corporations law, as added by chapter 560 of the laws
3 of 1998, are amended to read as follows:
4 No religious corporation owning, managing or controlling a cemetery
5 shall, directly or indirectly:
6 (a) sell, or have, enter into or perform a lease of any of its real
7 property dedicated to cemetery purposes or adjacent thereto to a funeral
8 entity, or use any of its property for locating a funeral entity;
9 (b) commingle its funds with a funeral entity;
10 (c) direct or carry on its cemetery related business or affairs with a
11 funeral entity;
12 (d) authorize control of its cemetery related business or affairs by a
13 funeral entity;
14 (e) engage in any sale or cross-marketing of goods or services with a
15 funeral entity;
16 (f) have, enter into or perform a management or service contract for
17 cemetery operations with a funeral entity; [or]
18 (g) have, enter into or perform a management contract with any entity
19 other than a not-for-profit cemetery or religious corporation[.];
20 (h) engage in the sale of monuments, not including flush bronze mark-
21 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.
LBD06603-01-3
A. 3369 2
1 religious corporation, whether such property is located on cemetery
2 grounds or elsewhere; or
3 (i) authorize or permit any employee or trustee or director thereof to
4 advertise or make known his or her relationship to such religious corpo-
5 ration or cemetery if such person is engaged in the sale of monuments
6 outside of his or her employment by or affiliation with the religious
7 corporation or the cemetery.
8 Only the provisions of subparagraphs (a) [and], (b), (h) and (i) of
9 the [previous] fourth undesignated paragraph of this section shall apply
10 to religious corporations with thirty acres or less of real property
11 dedicated to cemetery purposes, and only to the extent the sale or lease
12 is of real property dedicated to cemetery purposes, and such cemeteries
13 shall not engage in the sale of funeral home goods or services, except
14 if such goods and services are otherwise permitted to be sold by ceme-
15 teries.
16 § 2. This act shall take effect on the thirtieth day after it shall
17 have become a law.
