Allows cemeteries in Nassau county to acquire and utilize certain lands for cemetery purposes.
Ayes (58): Addabbo, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Dilan, Espaillat, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, 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-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (3): Boyle, Diaz, Libous
TITLE OF BILL: An act to amend the not-for-profit corporation law, in relation to allowing cemeteries in Nassau county to acquire and utilize certain lands for cemetery purposes
PURPOSE: This bill will allow cemeteries in Nassau County to acquire and utilize certain lands for cemetery purposes.
SUMMARY OF PROVISIONS: Subparagraph 2 of paragraph (e) of section 1506 of the not-for-profit corporation law, as added by chapter 871 of the laws of 1977 is amended to allow cemeteries in Nassau County to acquire and utilize certain lands for cemetery purposes provided that the use of such lands is consented to by the Nassau County Legislature.
JUSTIFICATION: The Locust Valley Cemetery Association is a not-for-profit cemetery corporation that maintains and operates a non-sectarian cemetery of approximately 31 acres in the Village of Lattingtown.
Currently the Association only has roughly 3/5 acres of undeveloped land. At the current rate of grave sales, it is expected that the cemetery will be fully developed with no graves to sell by 2026. It is critical that when the cemetery is completely developed and all grave sites are sold that the Association have an endowment of sufficient size to pay for upkeep and maintenance of the property.
In 2012, the Association entered into a contract to purchase an adjacent 2 acre parcel. After receiving the required approvals by the Village and County Legislature, the association was advised by the Division of Cemeteries that Section 1506 (e) of the Not-For-Profit Corporation Law prohibits cemeteries in Nassau County from acquiring additional land for cemetery purposes.
The Division of Cemeteries granted approval to the association for the purchase, provided that the property must be held unused until the law is changed to permit Nassau County Cemeteries to acquire land for cemetery purposes. This legislation accomplishes that goal.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7105 IN SENATE April 28, 2014 ___________Introduced by Sen. MARCELLINO -- 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, in relation to allowing cemeteries in Nassau county to acquire and utilize certain lands for cemetery purposes THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph 2 of paragraph (e) of section 1506 of the not-for-profit corporation law, as added by chapter 871 of the laws of 1977, is amended to read as follows: (2) The provisions of this
[subdivision]PARAGRAPH shall not operate to prevent any such cemetery corporation located in Nassau county from using for burial purposes contiguous or adjacent land acquired by it [prior to January first, nineteen hundred forty-eight provided that such acquisition shall have consisted of less than five acres, and]provided [further]that such use shall be consented to by the [board of supervi- sors]NASSAU COUNTY LEGISLATURE. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14731-03-4