Prohibits the construction of any mausoleum or columbarium in a cemetery where such mausoleum or columbarium is the only form of interment offered in a cemetery, except in limited circumstances to assure the perpetual care of remains already in a mausoleum or columbarium.
STATE OF NEW YORK
________________________________________________________________________
2606--B
Cal. No. 1239
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
___________
Introduced by Sen. LITTLE -- read twice and ordered printed, 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 -- recommitted
to the Committee on Corporations, Authorities and Commissions in
accordance with Senate Rule 6, sec. 8 -- reported favorably from said
committee, ordered to first and second report, ordered to a third
reading, amended and ordered reprinted, retaining its place in the
order of third reading
AN ACT to amend the not-for-profit corporation law and the religious
corporations law, in relation to prohibiting certain stand-alone
mausoleum and columbarium
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1506 of the not-for-profit corporation law is
2 amended by adding a new paragraph (m) to read as follows:
3 (m) Prohibition of stand-alone mausoleum and columbarium. No applica-
4 tion for the construction of a mausoleum or columbarium to be located in
5 any city, town or village shall be approved by the cemetery board when
6 such mausoleum or columbarium shall be the only form of interment
7 offered by a cemetery corporation, unless a management contract has been
8 entered into with an existing cemetery corporation regulated under this
9 article, that will provide operational management of the mausoleum or
10 columbarium, and the owner of the mausoleum or columbarium has reserved
11 interment space and secured interment services in a cemetery regulated
12 under this article, in order to assure continued perpetual care of the
13 remains contained in the mausoleum or columbarium should such mausoleum
14 or columbarium become abandoned or choose to cease operations.
15 § 2. Subparagraph 7 of paragraph (a) of section 1506-a of the not-for-
16 profit corporation law, as added by chapter 560 of the laws of 1998, is
17 amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00767-06-8
S. 2606--B 2
1 (7) have, enter into or perform a management contract with any entity
2 other than a not-for-profit cemetery corporation; provided, however,
3 that a not-for-profit cemetery corporation may enter into or perform a
4 management contract with a private cemetery corporation for the opera-
5 tional management of a mausoleum or columbarium by such private cemetery
6 corporation provided such contract shall have first been authorized by
7 the board of the not-for-profit cemetery corporation.
8 § 3. The closing paragraph of section 7 of the religious corporations
9 law, as added by chapter 560 of the laws of 1998, is amended to read as
10 follows:
11 Only the provisions of subparagraphs (a) and (b) of the previous para-
12 graph shall apply to religious corporations with thirty acres or less of
13 real property dedicated to cemetery purposes, and only to the extent the
14 sale or lease is of real property dedicated to cemetery purposes, and
15 such cemeteries shall not engage in the sale of funeral home goods or
16 services, except if such goods and services are otherwise permitted to
17 be sold by cemeteries. No religious corporation shall approve or author-
18 ize the construction of a mausoleum or columbarium on property owned by
19 the religious corporation where such mausoleum or columbarium shall be
20 the only form of interment offered for cemetery purposes unless a
21 management contract has been entered into with an existing cemetery
22 corporation regulated under article fifteen of the not-for-profit corpo-
23 ration law, that will provide operational management of the mausoleum or
24 columbarium, and the owner of the mausoleum or columbarium has reserved
25 interment space and secured interment services in a cemetery regulated
26 under this article, in order to assure continued perpetual care of the
27 remains contained in the mausoleum or columbarium should such mausoleum
28 or columbarium become abandoned or choose to cease operations.
29 § 4. This act shall take effect immediately.
