New York State Assembly

 
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A10515 Summary:

A10515 Actions:

A10515 Committee Votes:

Committee:CORPORATIONS, AUTHORITIES AND COMMISSIONS   Chair:Paulin      
DATE:05/14/2018AYE/NAY:22/0  Action: Favorable refer to committee Ways and Means        
Paulin
Aye
Lawrence
Aye
Cook
Aye
Blankenbush
Aye
Galef
Aye
Friend
Aye
Jenne
Aye
Malliotakis
Aye
Rodriguez
Aye
Palmesano
Aye
Abinanti
Aye
Montesano
Aye
Quart
Aye
Lalor
Absent
Otis
Aye
Rozic
Aye
Kim
Excused
Buchwald
Aye
Seawright
Aye
Dilan
Aye
Richardson
Absent
De La Rosa
Aye
Pheffer Amato
Aye
Vanel
Absent
Carroll
Aye
Espinal
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:05/30/2018AYE/NAY:29/0  Action: Favorable         
Weinstein
Aye
Oaks
Aye
Lentol
Excused
Crouch
Aye
Schimminger
Aye
Barclay
Aye
Gantt
Excused
Fitzpatrick
Aye
Glick
Excused
Hawley
Aye
Nolan
Excused
Malliotakis
Aye
Pretlow
Aye
Walter
Aye
Perry
Aye
Montesano
Aye
Colton
Aye
Curran
Aye
Cook
Excused
Ra
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Peoples-Stokes
Aye
Simotas
Excused

A10515 Floor Votes:

A10515 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10515
 
                   IN ASSEMBLY
 
                                       May 4, 2018
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Corporations, Authorities and Commissions
 
        AN  ACT to amend the not-for-profit corporation law and the town law, in
          relation to the abandonment of cemeteries
 
          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-d to read as follows:
     3  § 1506-d. Cemetery abandonment notification and assistance.
     4    Any cemetery corporation that shall have insufficient general  operat-
     5  ing  funds  with  which  to  continue operations or that does not have a
     6  board sufficient to carry on operations of the cemetery,  shall  provide
     7  notice  to the state cemetery board and the governing board of the muni-
     8  cipality or municipalities in which the cemetery is located at least one
     9  hundred and eighty days in advance of the date of  expected  abandonment
    10  to  a municipality.  Upon notification by the cemetery corporation or as
    11  a result of a review of the financial and corporate status of a cemetery
    12  corporation, the state cemetery board shall notify the  governing  board
    13  of  the municipality where such cemetery corporation is located at least
    14  one hundred and twenty days in advance of the date of expected  abandon-
    15  ment. Prior to abandonment, the state cemetery board shall work with the
    16  cemetery  corporation  and  the governing board or boards of the munici-
    17  pality or municipalities in which the cemetery corporation is located to
    18  assist in reconstituting the board of the cemetery  corporation;  or  to
    19  arrange to provide the cemetery corporation with temporary assistance in
    20  operating  the  cemetery;  or  to locate another cemetery corporation to
    21  take over the cemetery corporation  seeking  abandonment  or  any  other
    22  lawful  measure  that might prevent abandonment.  In the event the ceme-
    23  tery corporation board is not reconstituted or if the condition of  such
    24  abandoned  cemetery  prevents effective municipal takeover within ninety
    25  days of abandonment, the state cemetery board shall  appoint,  with  the
    26  consent of the governing board of the municipality, a temporary receiver
    27  to  manage cemetery operations until such time that the cemetery is in a
    28  condition to be maintained or operated  by  the  municipality.  Notwith-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14693-04-8
        A. 10515                            2
 
     1  standing  any  other  provision  of  law, such funds and expense for the
     2  temporary receiver and repairs of the cemetery shall be a state  expense
     3  allocated  and  approved as outlined in paragraph (h) of section fifteen
     4  hundred seven of this chapter.
     5    §  2.  Subparagraph 4 of paragraph (h) of section 1507 of the not-for-
     6  profit corporation law, as amended by chapter 363 of the laws  of  2009,
     7  is amended to read as follows:
     8    (4) Authorization for payments by the fund for maintenance of an aban-
     9  doned  cemetery  shall  be  made  by  the  secretary  of state only upon
    10  approval by the cemetery board of an application by  a  municipality  or
    11  other  solvent  not-for-profit cemetery corporation for fair and reason-
    12  able expenses required to be made by the municipality or  other  solvent
    13  not-for-profit  cemetery  corporation  for  maintenance  of an abandoned
    14  cemetery; provided, however, that the cemetery board shall  not  approve
    15  any  such  application unless the municipality or other solvent not-for-
    16  profit cemetery corporation acknowledges  that  the  responsibility  for
    17  restoration and future care, preservation, and maintenance of such ceme-
    18  tery  has been assumed by the municipality or other solvent not-for-pro-
    19  fit cemetery corporation.  Notwithstanding any other provision of law, a
    20  municipality or other solvent not-for-profit cemetery corporation  shall
    21  be  permitted  to  file  an  additional application for funds under this
    22  section, twenty-five years following the date of the initial application
    23  for the repair and maintenance of any structures on the cemetery grounds
    24  only where such structures were constructed preceding the date of  aban-
    25  donment of the cemetery corporation. For the purposes of this paragraph,
    26  such cemetery shall always be deemed an abandoned cemetery.
    27    §  3.  Section 291 of the town law is amended by adding a new subdivi-
    28  sion 5 to read as follows:
    29    5. Notwithstanding any other provision of law, no town shall be liable
    30  for any damages or injuries sustained by any person or property  associ-
    31  ated  with a cemetery abandoned to the town for any cause of action that
    32  occurred prior to the takeover of said cemetery by the town and in addi-
    33  tion, no cause of action for such damages shall be maintained and  adju-
    34  dicated  by any court in this state which would otherwise have jurisdic-
    35  tion to adjudicate such claim.
    36    § 4. This act shall take effect immediately.