What's happening
This bill transfers administration of the cemetery vandalism restoration fund from the comptroller to the state cemetery board and updates fund oversight procedures.
Why it matters
Shifting fund control to the state cemetery board may allow for more specialized and responsive management of cemetery restoration efforts. , since the board is likely more familiar with cemetery needs and priorities than the general fiscal offices.
The requirement for an annual report to the state comptroller introduces a new layer of transparency and accountability. , helping the public and state officials track how vandalism restoration funds are collected and spent.
Funds can only be used for their intended purposes under stricter oversight. , potentially reducing the risk of misuse or diversion to unrelated projects and ensuring that vandalism restoration, monument repair, or removal remain the focus.
Decision-making on expenditures now requires a majority vote of the cemetery board, rather than approval by the secretary of state or comptroller. , which may influence how quickly or effectively restoration projects are approved and carried out.
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Who cares
Headline styles
State Oversees Cemetery Restoration Fund
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- 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.
Fix Damaged Cemeteries Fund
In Assembly Committee · Corporations, Authorities And Commissions · Sponsor Amy Paulin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2501
2019-2020 Regular Sessions
IN SENATE
January 25, 2019
Introduced by Sen. HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the not-for-profit corporation law and the state finance law, in relation to the administration of the state cemetery vandalism restoration fund by the state cemetery board
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (c) of section 1504 of the not-for-profit corporation law is amended by adding a new subparagraph 6 to read as follows:
(6) To administer the state cemetery vandalism restoration, monument repair or removal and administration fund pursuant to section ninetyseven-r of the state finance law. Moneys of the fund, established by section ninety-seven-r of the state finance law, may be expended for the purposes provided in subparagraph three of paragraph (h) of section fifteen hundred seven of this article according to the requirements of such paragraph (h).
§ 2. Subdivisions 1 and 3 of section 97-r of the state finance law, subdivision 1 as amended by chapter 380 of the laws of 2000 and subdivision 3 as added by chapter 495 of the laws of 1988, are amended to read as follows:
1. There is hereby established in the [joint] custody of the state [comptroller and the commissioner of taxation and finance] cemetery board a special fund to be known as the state cemetery vandalism restoration, monument repair or removal and administration fund.
3. Moneys of the fund may be expended for the purposes provided in subparagraph three of paragraph (h) of section fifteen hundred seven of the not-for-profit corporation law according to the requirements of such paragraph (h). Moneys shall be paid out of the fund on the audit and warrant of the [state comptroller] cemetery board on vouchers certified or approved by [the secretary of state] a majority vote of the cemetery
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01172-01-9
S. 2501 2
board. Such fund shall be utilized solely for the purpose under which it was created. An annual report to the state comptroller shall be provided by the cemetery board no more than sixty days following the end of the previous fiscal year, which details the funds received and expended for such fiscal year.
§ 3. This act shall take effect on the first of April next succeeding the date on which it shall have become a law.
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 state finance law, in relation to the administration of the state cemetery vandalism restoration fund by the state cemetery board
Purpose
This bill would amend the not-for-profit corporation law to update authority for payments from the state cemetery vandalism restoration, monument repair or removal and administration fund to rest with the state cemetery board.
Summary of provisions
Section 1 of the bill amends section 1504 of the Not-for-Profit Corpo- ration Law to add a new subparagraph (6) to paragraph (c) to provide additional authority to the State Cemetery Board in matters relating to the state cemetery vandalism restoration, monument repair or removal and administration fund. The State Cemetery Board is composed of the Secre- tary of State, Attorney General and Commissioner of Health or their designees.
Section 2 amends subdivisions 1 and 3 of section 97-r of the state finance law to provide custody of these funds for disbursement to the State Cemetery Board and outlines the requirements for disbursement of such funds.
Section 3 establishes that this act shall take effect on the first day of April next after it shall have become a law.
Justification
The Not-for-Profit Corporation Law has been amended in numerous sections, resulting in a disjointed collection of protections and appli- cations relating, to cemetery vandalism, abandonment and restoration funds. This legislation would amend these various sections into more concise language.
Additionally, it would provide that the State Cemetery Board, the entity reviewing these applications for funds, has the authority to approve distribution of these funds. This would ensure that funds go to ceme- teries in need.
Legislative history
2018: S.7695/A.10170 Referred to Rules 2013-14: A.3182-A/S.4323 Veto Memo No. 207 of 2013 2012: A.7416-A
Fiscal implications
Contributions to the fund are from regulated entities and not the State of New York.
Effective date
This act shall take effect on the April next 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.