Bill Text: NY A06739 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides that two cemeteries located in Suffolk county with contiguous or adjacent land dedicated for cemetery purposes and previously operating as public cemetery corporations may merge where their total acreage does not exceed three hundred twenty-five acres.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-18 - referred to corporations, authorities and commissions [A06739 Detail]

Download: New_York-2019-A06739-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6739
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 18, 2019
                                       ___________
        Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred 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-
    25  gious corporation in existence  on  April  fifteenth,  eighteen  hundred
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09854-01-9

        A. 6739                             2
     1  fifty-four,  in any of said counties from using as heretofore any burial
     2  ground then belonging to it within such county.   Such  board  or  body,
     3  from  time  to time, may make such regulation as to burials in any ceme-
     4  tery in the county as the public health may require.
     5    (n)  The  provisions  of this section shall not operate to prevent any
     6  two cemeteries located in Suffolk county  with  contiguous  or  adjacent
     7  land  dedicated for cemetery purposes and previously operating as public
     8  cemetery corporations, from effectuating a  merger  of  such  cemeteries
     9  where  their  total  acreage  does  not exceed three hundred twenty-five
    10  acres.
    11    § 2. This act shall take effect immediately.
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