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S03952 Summary:

S03952 Actions:

S03952 Committee Votes:

S03952 Floor Votes:

S03952 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3952
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    February 21, 2019
                                       ___________
 
        Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Corporations,  Authorities
          and Commissions
 
        AN  ACT  to amend the not-for-profit corporation law, in relation to the
          merger of certain cemetery corporations

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Paragraph (c) of section 1506 of the not-for-profit corpo-
     2  ration law, as added by chapter 871 of 1977, is amended and a new  para-
     3  graph (n) is added to read as follows:
     4    (c)    Cemeteries  in  Kings,  Queens,  Rockland, Westchester, Nassau,
     5  Suffolk, Putnam and Erie counties.   A cemetery  corporation  shall  not
     6  take  by  deed,  devise  or otherwise any land in the counties of Kings,
     7  Queens, Rockland, Westchester, Nassau, Suffolk, Putnam or Erie for ceme-
     8  tery purposes, or set apart any ground therefor in any of such counties,
     9  unless the consent of the board of supervisors or legislative body ther-
    10  eof, or of the city council of the city of New York, in respect to Kings
    11  or Queens county, be first obtained except as provided in paragraph  (n)
    12  of  this  section.  Such consent may be granted upon such conditions and
    13  under such regulations and restrictions as the public health and welfare
    14  may require.  Notice of application for such consent shall be published,
    15  once a week for six weeks, in the newspapers designated to  publish  the
    16  session  laws  and  in  such other newspapers published in the county as
    17  such board or body may direct, stating the  time  when  the  application
    18  will  be made, a brief description of the lands proposed to be acquired,
    19  their location and the area thereof.  Any person interested therein  may
    20  be  heard  on such presentation.   If such consent is granted the corpo-
    21  ration may take and hold the lands designated therein. The consent shall
    22  not authorize any one corporation to take or hold more than two  hundred
    23  and  fifty  acres  of  land  except as provided in paragraph (n) of this
    24  section. Nothing contained in this subdivision shall prevent  any  reli-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09854-01-9
        S. 3952                             2
 
     1  gious  corporation  in  existence  on  April fifteenth, eighteen hundred
     2  fifty-four, in any of said counties from using as heretofore any  burial
     3  ground  then  belonging  to  it within such county.  Such board or body,
     4  from  time  to time, may make such regulation as to burials in any ceme-
     5  tery in the county as the public health may require.
     6    (n) The provisions of this section shall not operate  to  prevent  any
     7  two  cemeteries  located  in  Suffolk county with contiguous or adjacent
     8  land dedicated for cemetery purposes and previously operating as  public
     9  cemetery  corporations,  from  effectuating  a merger of such cemeteries
    10  where their total acreage does  not  exceed  three  hundred  twenty-five
    11  acres.
    12    § 2. This act shall take effect immediately.