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Who cares
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Sponsors
3 Co-sponsors
History
- Referred to corporations, authorities and commissions
- Delivered to assembly
- Passed senateVote 33–28
- Ordered to third reading cal.1380
- Committee discharged and committed to rules
- Referred to corporations, authorities and commissions
- Referred to corporations, authorities and commissions
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the sale of monuments and memorials
In Assembly Committee · Rules · Sponsor Joseph Morelle
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the religious corporations law, in relation to the sale of monuments and memorials
Purpose
To prohibit religious corporations owning, managing or controlling a cemetery from selling monuments and memorials.
Provisions
Section 1 states that no religious corporation owning, managing or controlling a cemetery shall, directly or indirectly, engage in the sale of monuments, memorials, gravestones or markers, not including flush bronze markers, nor shall such items be displayed for sale on the property of a religious corporation, whether such property is located on cemetery grounds or elsewhere. Further, no such religious corporation may authorize or permit any employee or trustee or director thereof to advertise or otherwise make known his or her relationship to such religious corporation or cemetery if such person is engaged in the sale of monuments, memorials, gravestones or markers, not including flush bronze markers outside of his or her employment by or affiliation with the religious corporation or the cemetery. Section 2 states that this act shall take effect on the thirtieth day after it shall have become a law.
Justification
The State of New York has a vital interest in the oversight of all cemeteries within the State, which are imbued with a public trust, and in their viability as not-for-profit entities. In 1998, the legislature acknowledged that the combination of profit making ventures, such as the sale of monuments or memorials, with not-for-profit entities such as cemeteries often raises conflicting business interests. For nearly 60 years, New York State law has prohibited the sale of monuments or memorials by not-for-profit cemeteries, first by regulation of the State Cemetery Board and, for the past ten years, by statute. The legislature recognizes that in regard to profit-making commercial enterprises there should be no distinction among cemeteries on the basis of their ownership or control, as both religious and non-sectarian not-for-profit cemeteries serve a public trust and enjoy tax exempt status, which is incompatible with commercial activity. New York and federal courts have repeatedly held that the regulation of cemeteries, and restrictions on their activities, is a valid exercise of the police power, and that the operation of a cemetery, regardless of ownership, is imbued with a public purpose; therefore, any business activity in relation to the operation of a cemetery is subject to state law and the public should receive the same protection by the state in relation to religious and not-for-profit cemeteries.
Prior legislative history
None.
Fiscal implications
None.
Effective date
This act shall take effect 30 days after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.