Provides for the administration of the state cemetery vandalism restoration, monument repair or removal and administration fund by the state cemetery board; removes the state comptroller and commissioner of taxation and finance from administering the fund.
Ayes (63): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
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 OR GENERAL IDEA OF BILL:
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 test with the state cemetery board.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 1504 of the Not-for-Profit Corporation 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 which is composed of the Secretary of State, Attorney General and Commissioner of Health or their designees.
Section 2 of the legislation 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 of this bill establishes that this act shall take effect on the first day of April next after it shall have become a law.
The Not-for-Profit Corporation Law has been amended in numerous sections, resulting in a disjointed collection of protections and applications relating to cemetery vandalism, abandonment and restoration funds. This legislation would amend these various sections into more concise language.
Existing statues related to cemetery vandalism, abandonment and repair and the provisions related to the correction of dangerous conditions in cemeteries have been amended in several sections of the law. This bill clarifies these provisions and applications. Additionally, this bill provides the State Cemetery Board, the entity reviewing these applications for funds, with the clear authority to approve distribution of these funds.
A.7418-A of 2012
Contributions to the fund are from regulated entities and not the State of New York.
This act shall take effect on the April next after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 4323 2013-2014 Regular Sessions IN SENATE March 21, 2013 ___________Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Author- ities 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 ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (c) of section 1504 of the not-for-profit corpo- ration 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 NINETY-SEVEN-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). S 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 subdivi- sion 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 resto- ration, 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 CEMETERYEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07403-02-3 S. 4323 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. S 3. This act shall take effect on the first of April next succeeding the date on which it shall have become a law.