Relates to reacquisition of a lot, plot, or part thereof owned by a burial society or by a cemetery corporation

Summary of provisions

Section 1 amends section 1502 of the Not-For-Profit Corporation Law by adding a new paragraph (q), defining the term "burial society."

Section 2 amends paragraphs (d) and (f) of Not-Far-Profit Corporation Law section 1513-a to require cemeteries reacquiring abandoned society graves to establish a perpetual care fund account to be used exclusively for the maintenance of the grounds on which the graves are reacquired. Exempts incorporated or unincorporated religious associations or societies that provide burial benefits for their members. Adds four new paragraphs (i), (j), (k), and (1) to enable cemetery corporations to reacquire abandoned lots, plots or parts thereof from defunct burial societies and associations, and thereby, allow for the continued welfare of the not-far-profit corporations.

Existing law

In 2003, New York established a mechanism whereby a cemetery corporation may reacquire, resubdivide and resell abandoned graves on cemetery land. This legislation expands that law to include abandoned graves on burial society grounds.

Justification

In many cases, New York's aging cemeteries are filling to capacity and the viability of these not-for-profit organizations is in jeopardy. The ability of cemeteries to maximize the use of their grounds is essential to their welfare. The maximization of cemetery land resources is also critical in preventing cemeteries from becoming the financial responsibility of the municipalities in which they are located should they no longer have the means to continue operating.

Burial societies across the state that once flourished are now defunct and a large number of graves within these burial societies lay unused and unclaimed. This bill would provide cemeteries with the vehicle to search for the owners and heirs of these graves to determine whether or not they are indeed abandoned. If graves are found to be abandoned under the detailed process provided by this bill, the cemetery may reacquire, resubdivide and resell the property under certain conditions. Any graves that have been reserved for individuals where such reservation is recorded in the records of the cemetery corporation shall be exempt from reacquisition.

This bill provides further protections to grave owners by requiring cemeteries to withhold from sale ten percent of graves reacquired from each burial society for twenty-five years in the event an individual or individuals are identified who have a valid claim for burial on the grounds of the burial society. Additionally, this bill requires newspaper Publication of the cemetery's intentions to reclaim the abandoned graves of defunct burial societies and posting of a notice at the cemetery entrance and in the cemetery office (if any) informing the public the grave is to be reclaimed. Further, this bill requires cemeteries reacquiring abandoned burial society graves to establish a perpetual care fund account to be used exclusively for the maintenance of the grounds on which the graves are reacquired.

The provisions of this bill Would also require that any new monuments match the regulations of the cemetery and conform to the size, style and type of monuments in the section of the cemetery where a reclamation is to occur.

This bill includes an exemption of the application of these provisions for incorporated or unincorporated religious associations or societies that provide burial benefits for their members.

Legislative history

2010 - S.5726 PASSED SENATE - A.7490-A referred to corporations 2006 - S.6891-A PASSED SENATE - A.9041-A referred to rules

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This act shall take effect immediately.