What's happening
This bill allows two adjacent public cemeteries in Suffolk County to merge, even if their combined land exceeds 250 acres.
Why it matters
Addresses local needs in Suffolk County. The bill provides a specific exception to statewide cemetery land limits, acknowledging unique circumstances or needs in Suffolk County that may not apply elsewhere.
Could improve cemetery sustainability. By allowing adjacent cemeteries to merge even if their combined acreage surpasses the usual 250-acre cap (up to 325 acres), the bill may help struggling cemeteries pool resources, maintain operations, and preserve burial options for the community.
Sets a legal precedent for other exceptions. Creating a tailored carve-out for Suffolk County could prompt similar requests from other counties or organizations, potentially influencing how cemetery regulations evolve in New York State.
May impact land use and local oversight. The change relaxes restrictions on large cemetery properties, which could affect local land use planning, community character, and the scope of local government oversight in the area.
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Who cares
Headline styles
Allow Cemetery Mergers Suffolk County
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by S3952
- Ordered to third reading rules cal.153
- Rules report cal.153
- Reported
- Reported referred to rules
- 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.
Allow Cemetery Mergers in Suffolk
Signed by Governor · Sponsor John E. Brooks
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, do enact as follows:
Section 1. Paragraph (c) of section 1506 of the not-for-profit corporation law, as added by chapter 871 of 1977, is amended and a new paragraph (n) is added to read as follows:
(c) Cemeteries in Kings, Queens, Rockland, Westchester, Nassau, Suffolk, Putnam and Erie counties. A cemetery corporation shall not take by deed, devise or otherwise any land in the counties of Kings, Queens, Rockland, Westchester, Nassau, Suffolk, Putnam or Erie for cemetery purposes, or set apart any ground therefor in any of such counties, unless the consent of the board of supervisors or legislative body thereof, or of the city council of the city of New York, in respect to Kings or Queens county, be first obtained except as provided in paragraph (n) of this section. Such consent may be granted upon such conditions and under such regulations and restrictions as the public health and welfare may require. Notice of application for such consent shall be published, once a week for six weeks, in the newspapers designated to publish the session laws and in such other newspapers published in the county as such board or body may direct, stating the time when the application will be made, a brief description of the lands proposed to be acquired, their location and the area thereof. Any person interested therein may be heard on such presentation. If such consent is granted the corporation may take and hold the lands designated therein. The consent shall not authorize any one corporation to take or hold more than two hundred and fifty acres of land except as provided in paragraph (n) of this section. Nothing contained in this subdivision shall prevent any religious 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
fifty-four, in any of said counties from using as heretofore any burial ground then belonging to it within such county. Such board or body, from time to time, may make such regulation as to burials in any cemetery in the county as the public health may require.
(n) The provisions of this section shall not operate to prevent any two cemeteries located in Suffolk county with contiguous or adjacent land dedicated for cemetery purposes and previously operating as public cemetery corporations, from effectuating a merger of such cemeteries where their total acreage does not exceed three hundred twenty-five acres.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.