Bill Text: NY S04610 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to the sale of monuments.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-15 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [S04610 Detail]

Download: New_York-2019-S04610-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 15, 2019
        Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Corporations,  Authorities
          and Commissions
        AN  ACT to amend the religious corporations law, in relation to the sale
          of monuments
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. The fourth undesignated paragraph and the closing paragraph
     2  of  section 7 of the religious corporations law, the fourth undesignated
     3  paragraph as added by chapter 560 of the laws of 1998  and  the  closing
     4  paragraph  as amended by chapter 296 of the laws of 2018, are amended to
     5  read as follows:
     6    No religious corporation owning, managing or  controlling  a  cemetery
     7  shall, directly or indirectly:
     8    (a)  sell,  or  have, enter into or perform a lease of any of its real
     9  property dedicated to cemetery purposes or adjacent thereto to a funeral
    10  entity, or use any of its property for locating a funeral entity;
    11    (b) commingle its funds with a funeral entity;
    12    (c) direct or carry on its cemetery related business or affairs with a
    13  funeral entity;
    14    (d) authorize control of its cemetery related business or affairs by a
    15  funeral entity;
    16    (e) engage in any sale or cross-marketing of goods or services with  a
    17  funeral entity;
    18    (f)  have,  enter into or perform a management or service contract for
    19  cemetery operations with a funeral entity; [or]
    20    (g) have, enter into or perform a management contract with any  entity
    21  other than a not-for-profit cemetery or religious corporation[.];
    22    (h)  engage in the sale of monuments, not including flush bronze mark-
    23  ers, nor shall such monuments be displayed for sale on the property of a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 4610                             2
     1  religious corporation, whether such  property  is  located  on  cemetery
     2  grounds or elsewhere; or
     3    (i) authorize or permit any employee or trustee or director thereof to
     4  advertise or make known his or her relationship to such religious corpo-
     5  ration  or  cemetery  if such person is engaged in the sale of monuments
     6  outside of his or her employment by or affiliation  with  the  religious
     7  corporation or the cemetery.
     8    Only  the  provisions  of subparagraphs (a) [and], (b), (h) and (i) of
     9  the [previous] fourth undesignated paragraph of this section shall apply
    10  to religious corporations with thirty acres or  less  of  real  property
    11  dedicated to cemetery purposes, and only to the extent the sale or lease
    12  is  of real property dedicated to cemetery purposes, and such cemeteries
    13  shall not engage in the sale of funeral home goods or  services,  except
    14  if  such  goods and services are otherwise permitted to be sold by ceme-
    15  teries.  No  religious  corporation  shall  approve  or  authorize   the
    16  construction  of  a  mausoleum  or  columbarium on property owned by the
    17  religious corporation where such mausoleum or columbarium shall  be  the
    18  only form of interment offered for cemetery purposes unless a management
    19  contract  has  been  entered  into with an existing cemetery corporation
    20  regulated under article fifteen of the not-for-profit  corporation  law,
    21  that  will provide operational management of the mausoleum or columbari-
    22  um, and the owner of the mausoleum or columbarium has reserved interment
    23  space and secured interment services in a cemetery regulated under  this
    24  article,  in  order  to  assure  continued perpetual care of the remains
    25  contained in the mausoleum  or  columbarium  should  such  mausoleum  or
    26  columbarium become abandoned or choose to cease operations.
    27    §  2.  This  act shall take effect on the thirtieth day after it shall
    28  have become a law.