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S01876 Summary:

S01876 Actions:

S01876 Committee Votes:

S01876 Floor Votes:

S01876 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1876--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 17, 2019
                                       ___________
 
        Introduced by Sens. COMRIE, RANZENHOFER -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Corporations,
          Authorities  and  Commissions  --  committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07019-03-9
        S. 1876--A                          2
 
     1  abandoned cemetery prevents effective municipal takeover  within  ninety
     2  days of abandonment, the state cemetery board shall, with the consent of
     3  the  governing  board  of the municipality, request the attorney general
     4  seek  court appointment of a temporary receiver to manage cemetery oper-
     5  ations until such time that the cemetery is in a condition to  be  main-
     6  tained  or  operated  by  the  municipality.  Notwithstanding  any other
     7  provision of law, such funds and expense for the temporary receiver  and
     8  repairs  of the cemetery shall be a state expense allocated and approved
     9  as outlined in paragraph (h) of section fifteen hundred  seven  of  this
    10  chapter.
    11    §  2.  Subparagraph 4 of paragraph (h) of section 1507 of the not-for-
    12  profit corporation law, as amended by chapter 363 of the laws  of  2009,
    13  is amended to read as follows:
    14    (4) Authorization for payments by the fund for maintenance of an aban-
    15  doned  cemetery  shall  be  made  by  the  secretary  of state only upon
    16  approval by the cemetery board of an application by  a  municipality  or
    17  other  solvent  not-for-profit cemetery corporation for fair and reason-
    18  able expenses required to be made by the municipality or  other  solvent
    19  not-for-profit  cemetery  corporation  for  maintenance  of an abandoned
    20  cemetery; provided, however, that the cemetery board shall  not  approve
    21  any  such  application unless the municipality or other solvent not-for-
    22  profit cemetery corporation acknowledges  that  the  responsibility  for
    23  restoration and future care, preservation, and maintenance of such ceme-
    24  tery  has been assumed by the municipality or other solvent not-for-pro-
    25  fit cemetery corporation.  Notwithstanding any other provision of law, a
    26  municipality or other solvent not-for-profit cemetery corporation having
    27  assumed management or responsibility for an abandoned cemetery under the
    28  provisions of this section after January  first,  two  thousand  fifteen
    29  shall  be  permitted  to  file an additional application for funds under
    30  this section, twenty-five years following the date of the initial appli-
    31  cation for the repair and maintenance of any structures on the  cemetery
    32  grounds  only  where such structures were constructed preceding the date
    33  of abandonment of the cemetery corporation. For  the  purposes  of  this
    34  paragraph, such cemetery shall always be deemed an abandoned cemetery.
    35    §  3.  Section 291 of the town law is amended by adding a new subdivi-
    36  sion 5 to read as follows:
    37    5. Notwithstanding any other provision of law, no town shall be liable
    38  for any damages or injuries sustained by any person or property  associ-
    39  ated  with a cemetery abandoned to the town for any cause of action that
    40  occurred prior to the takeover of said cemetery by the town and in addi-
    41  tion, no cause of action for such damages shall be maintained and  adju-
    42  dicated  by any court in this state which would otherwise have jurisdic-
    43  tion to adjudicate such claim.
    44    § 4. This act shall take effect immediately.