New York S 5838: Relates to the sale of cemetery monuments

Bill Text

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S05838 Summary:

BILL NOS05838 

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SAME ASNo Same As

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SPONSORSKOUFIS

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COSPNSRADDABBO, RYAN S

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MLTSPNSR

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Amd §7, Rel Corp L

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Relates to the sale of monuments; provides no religious corporation owning, managing or controlling a cemetery shall, directly or indirectly, engage in the sale of monuments, or authorize or permit any employee or trustee or director thereof to advertise or make known their relationship to such religious corporation or cemetery if such person is engaged in the sale of monuments outside of their employment by or affiliation with the religious corporation or the cemetery.

Go to top S05838 Actions:

BILL NOS05838 

&nbsp

03/03/2025REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

12/01/2025RECOMMIT, ENACTING CLAUSE STRICKEN

Go to topS05838 Committee&nbspVotes:

Go to topS05838 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05838 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5838

 2025-2026 Regular Sessions

 IN SENATE

 March 3, 2025
 ___________

 Introduced by Sens. SKOUFIS, ADDABBO, S. RYAN -- read twice and ordered
 printed, and when printed to be committed to the Committee on Corpo-
 rations, Authorities and Commissions

 AN ACT to amend the religious corporations law, in relation to the sale
 of monuments

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The fourth undesignated paragraph and the closing paragraph
 2 of section 7 of the religious corporations law, the fourth undesignated
 3 paragraph as added by chapter 560 of the laws of 1998 and the closing
 4 paragraph as amended by chapter 296 of the laws of 2018, are amended to
 5 read as follows:
 6 No religious corporation owning, managing or controlling a cemetery
 7 shall, directly or indirectly:
 8 (a) sell, or have, enter into or perform a lease of any of its real
 9 property dedicated to cemetery purposes or adjacent thereto to a funeral
 10 entity, or use any of its property for locating a funeral entity;
 11 (b) commingle its funds with a funeral entity;
 12 (c) direct or carry on its cemetery related business or affairs with a
 13 funeral entity;
 14 (d) authorize control of its cemetery related business or affairs by a
 15 funeral entity;
 16 (e) engage in any sale or cross-marketing of goods or services with a
 17 funeral entity;
 18 (f) have, enter into or perform a management or service contract for
 19 cemetery operations with a funeral entity; [or]
 20 (g) have, enter into or perform a management contract with any entity
 21 other than a not-for-profit cemetery or religious corporation[.];
 22 (h) engage in the sale of monuments, not including flush bronze mark-
 23 ers, nor shall such monuments be displayed for sale on the property of a

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09200-01-5

 S. 5838 2

 1 religious corporation, whether such property is located on cemetery
 2 grounds or elsewhere; or
 3 (i) authorize or permit any employee or trustee or director thereof to
 4 advertise or make known their relationship to such religious corporation
 5 or cemetery if such person is engaged in the sale of monuments outside
 6 of their employment by or affiliation with the religious corporation or
 7 the cemetery.
 8 Only the provisions of subparagraphs (a) [and], (b), (h) and (i) of
 9 the [previous] fourth undesignated paragraph of this section shall apply
 10 to religious corporations with thirty acres or less of real property
 11 dedicated to cemetery purposes, and only to the extent the sale or lease
 12 is of real property dedicated to cemetery purposes, and such cemeteries
 13 shall not engage in the sale of funeral home goods or services, except
 14 if such goods and services are otherwise permitted to be sold by ceme-
 15 teries. No religious corporation shall approve or authorize the
 16 construction of a mausoleum or columbarium on property owned by the
 17 religious corporation where such mausoleum or columbarium shall be the
 18 only form of interment offered for cemetery purposes unless a management
 19 contract has been entered into