N.Y. Not-for-Profit Corporation Law 1506-C – Abandoned cemetery maintenance by cemetery corporations
§ 1506-c. Abandoned cemetery maintenance by cemetery corporations.
Terms Used In N.Y. Not-for-Profit Corporation Law 1506-C
- cemetery board: means the cemetery board in the division of cemeteries in the department of state. See N.Y. Not-for-Profit Corporation Law 1502
- cemetery corporation: means any corporation formed under a general or special law for the disposal or burial of deceased human beings, by cremation, natural organic reduction or in a grave, mausoleum, vault, columbarium or other receptacle but does not include a family cemetery corporation or a private cemetery corporation. See N.Y. Not-for-Profit Corporation Law 1502
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
(a) Upon application and approval by the cemetery board, a cemetery corporation may assume management and maintenance of an abandoned cemetery. For the purposes of this section, abandoned cemetery means a cemetery which was organized pursuant to this chapter or existing by virtue of the membership corporation law, for which there no longer exists any corporate board or body to maintain it, and for which there is no sufficient trust fund or endowment to provide ordinary and necessary care and maintenance. Provided, however, that in no event shall the cemetery board approve the assumption of the management and maintenance of an abandoned cemetery under this section if the abandoned cemetery was affiliated with any religious denomination or tradition or if the majority of the persons whose bodies were interred in such cemetery were affiliated with any religious denomination or tradition unless the cemetery assuming the management and maintenance of such abandoned cemetery follows the customs and practices of the same religious denomination or tradition.
(b) A cemetery corporation assuming management and maintenance of an abandoned cemetery may make application for funds pursuant to paragraph (h) of § 1507-r of the state finance law for maintenance of abandoned cemeteries. Within sixty days of submission of a completed application, the cemetery board shall approve or deny such application.
(c) Monies disbursed under such assumption shall be used exclusively for the purpose of the management and maintenance of an abandoned cemetery as provided in subparagraph three of paragraph (h) of section fifteen hundred seven of this article.
(d) Any residual funds disbursed to a cemetery corporation after the maintenance of an abandoned cemetery has been performed must be returned to the cemetery board for redeposit into the state cemetery vandalism restoration, monument repair or removal and administration fund established by § 97-r of the state finance law.
(e) Within ninety days of its receipt of disbursements, the cemetery corporation shall make a report to the cemetery board setting forth details of the maintenance and clean-up undertaken and the amount of funds, if any, to be redeposited into the fund. If the maintenance and clean-up have not been completed, or necessary equipment has not been purchased, the reasons therefor shall be set forth, and the anticipated date for a subsequent, final report shall be disclosed.