What's happening
This bill prohibits the approval of stand-alone mausoleums or columbaria unless operational management and perpetual care are secured.
Why it matters
Protects consumers and families from future risks. by ensuring that if a stand-alone mausoleum or columbarium (where no other burial options are offered) becomes abandoned or ceases operations, there is a guaranteed plan for perpetual care of the remains.
Requires operational oversight and management continuity. , mandating that a qualified, regulated cemetery corporation must be contracted to manage such facilities, reducing the risk of mismanagement or neglect by unregulated private entities.
Closes potential loopholes for new, under-regulated burial businesses. by making it harder for entities to open stand-alone mausoleums or columbaria without demonstrating long-term responsibility and secure backup arrangements for interment and care.
Ensures religious and not-for-profit cemeteries are held to the same standards. in offering only mausoleum or columbarium services, promoting uniform protection and management practices across different types of cemetery organizations.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Mausoleum and columbarium owners
The bill would condition approval of stand-alone construction on a management contract with an existing regulated cemetery corporation and reserved interment space and services in case operations end.
Religious corporations
They could not authorize stand-alone mausoleum or columbarium construction on their property without the required management and backup interment arrangements.
Not-for-profit cemetery corporations
The bill would allow management contracts with private cemetery corporations for mausoleum or columbarium operations if the not-for-profit corporation’s board first authorizes the contract.
New York State Cemetery Board
The board would have to withhold approval of covered stand-alone construction applications unless the required management and backup interment arrangements are in place.
Headline styles
Limit Stand-Alone Mausoleums
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 45
No co-sponsors yet.
History
- Substituted by A5784B
- Amended on third reading (t) 2606b
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1239
- Referred to corporations, authorities and commissions
- Print number 2606a
- Amend and recommit 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.
Ban Stand-Alone Mausoleums
Signed by Governor · Sponsor Billy Jones
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2606--B Cal. No. 1239
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
Introduced by Sen. LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Corporations, Authorities and Commissions in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the not-for-profit corporation law and the religious corporations law, in relation to prohibiting certain stand-alone mausoleum and columbarium
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1506 of the not-for-profit corporation law is amended by adding a new paragraph (m) to read as follows:
(m) Prohibition of stand-alone mausoleum and columbarium. No application for the construction of a mausoleum or columbarium to be located in any city, town or village shall be approved by the cemetery board when such mausoleum or columbarium shall be the only form of interment offered by a cemetery corporation, unless a management contract has been entered into with an existing cemetery corporation regulated under this article, that will provide operational management of the mausoleum or columbarium, and the owner of the mausoleum or columbarium has reserved interment space and secured interment services in a cemetery regulated under this article, in order to assure continued perpetual care of the remains contained in the mausoleum or columbarium should such mausoleum or columbarium become abandoned or choose to cease operations.
§ 2. Subparagraph 7 of paragraph (a) of section 1506-a of the not-forprofit corporation law, as added by chapter 560 of the laws of 1998, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00767-06-8
S. 2606--B 2
(7) have, enter into or perform a management contract with any entity other than a not-for-profit cemetery corporation; provided, however, that a not-for-profit cemetery corporation may enter into or perform a management contract with a private cemetery corporation for the operational management of a mausoleum or columbarium by such private cemetery corporation provided such contract shall have first been authorized by the board of the not-for-profit cemetery corporation.
§ 3. The closing paragraph of section 7 of the religious corporations law, as added by chapter 560 of the laws of 1998, is amended to read as follows:
Only the provisions of subparagraphs (a) and (b) of the previous paragraph shall apply to religious corporations with thirty acres or less of real property dedicated to cemetery purposes, and only to the extent the sale or lease is of real property dedicated to cemetery purposes, and such cemeteries shall not engage in the sale of funeral home goods or services, except if such goods and services are otherwise permitted to be sold by cemeteries. No religious corporation shall approve or authorize the construction of a mausoleum or columbarium on property owned by the religious corporation where such mausoleum or columbarium shall be the only form of interment offered for cemetery purposes unless a management contract has been entered into with an existing cemetery corporation regulated under article fifteen of the not-for-profit corporation law, that will provide operational management of the mausoleum or columbarium, and the owner of the mausoleum or columbarium has reserved interment space and secured interment services in a cemetery regulated under this article, in order to assure continued perpetual care of the remains contained in the mausoleum or columbarium should such mausoleum or columbarium become abandoned or choose to cease operations.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the not-for-profit corporation law and the religious corporations law, in relation to prohibiting certain stand-alone mausoleum and columbarium
Purpose
Prohibits the construction of any mausoleum or columbarium in a cemetery where such mausoleum or columbarium is the only form of interment offered in the cemetery.
Summary of provisions
Section 1 amends Section 1506 of the not-for-profit corporation law to add a new paragraph 9m0. No application for the construction of a mauso- leum or columbarium be approved by the cemetery board when such mausole- um or columbarium shall be the only form of interment offered by a ceme- tery corporation.
Section 2 amends the closing paragraph of section 7 of the religious corporations law, as added by chapter 560 of the laws of 1998. No reli- gious corporation shall approve or authorize the construction of a mausoleum or columbarium on property owned by the religious corporation where such mausoleum or columbarium shall be the only form of interment offered for cemetery purposes.
Section 3 establishes the effective date.
Justification
Cemeteries across New York successfully provide families with a variety of important options for final disposition of human remains. Unfortu- nately, in a few instances, the state has allowed the incorporation of cemetery entities for the sole purpose of constructing stand-alone mausoleums and stand-alone columbarium. In two recent high-profile events, these entities have failed and became the responsibility of local government. These costs have been significant.
Mausoleums and columbarium have proven to be successful for many ceme- teries when they are part of a larger financial polan and presented as an additional burial option for cemeteries. They have also been success- ful by helping cemeteries extend heir ability to offer burial services by utilizing burial space otherwise unavailable for in-ground burial.
However they have proven to be unsuccessful when a cemetery is created solely for the purpose of construction of a stand alone mausoleum or columbarium. This model exposes local governments and other entities to financial hardship if a facility is subsequently abandoned and is prohibited by this legislation.
Legislative history
2015-2016: S. 8029 Referred to Rules A. 10650 Referred to corporations, authorities and commissions
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.