Provides that any municipality may appropriate and provide funding, goods, and/or services to a public cemetery corporation.
Ayes (7): Stewart-Cousins, Oppenheimer, Valesky, Thompson, Johnson C, Little, Bonacic
Excused (1): Morahan
BILL NUMBER: S2516
TITLE OF BILL : An act to amend the general municipal law, in relation to voluntary assistance to public cemetery corporations
PURPOSE : This bill would allow municipal corporations to voluntarily provide municipal services and/or limited funding to a public not-for-profit cemetery corporation. Such actions provide the opportunity to keep the public grounds operating and prevent them from becoming the sole responsibility of the municipalities in which they are located.
SUMMARY OF PROVISIONS : This bill amends Article 8 of the General Municipal Law by adding a new section 165-a to allow municipal corporations to appropriate and provide funding and/or services to a public cemetery corporation. Section 2 of this bill states that this bill shall be effective immediately.
EXISTING LAW : While section 165 of the General Municipal Law allows for the creation of a volunteer cemetery clean-up program to be run by municipalities, there is no clear authority to provide goods and/or services.
JUSTIFICATION : Under current law, municipalities are responsible for assuming the maintenance and preservation of not-for-profit cemeteries that become abandoned within their borders. This situation may lead to a significant long-term revenue drain local governments.
Municipalities have expressed an interest in being proactive in these situations to assist these not-for-profit burial grounds from becoming abandoned and in disrepair. These municipal actions may delay or eliminate the burial ground from becoming abandoned and a tax burden.
Actions that have been proposed include grading roadways to increase accessibility to cemetery grounds for burials and providing assistance for lawn care and general maintenance.
However, without clear statutory authority, municipal corporations have limited ability to provide these services. This bill would provide a mechanism to allow for these services.
LEGISLATIVE HISTORY : New bill.
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2516 2009-2010 Regular Sessions IN SENATE February 23, 2009 ___________Introduced by Sen. THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the general municipal law, in relation to voluntary assistance to public cemetery corporations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general municipal law is amended by adding a new section 165-a to read as follows: S 165-A. VOLUNTARY MUNICIPAL ASSISTANCE TO PUBLIC CEMETERY CORPO- RATIONS. ANY MUNICIPAL CORPORATION MAY APPROPRIATE AND PROVIDE FUNDING TO A PUBLIC CEMETERY CORPORATION AS DEFINED IN ARTICLE FIFTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW. IN LIEU OF OR IN ADDITION TO PROVIDING FUNDING TO A PUBLIC CEMETERY CORPORATION, ANY MUNICIPAL CORPORATION MAY PROVIDE GOODS AND/OR SERVICES TO A PUBLIC CEMETERY CORPORATION AS DEFINED IN ARTICLE FIFTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06732-01-9