Senate Approves Bill to Ban Stand-Alone Mausoleums
The State Senate today gave final legislative approval of legislation sponsored by Senator Betty Little that will ban the creation of new stand-alone mausoleums.
Little last year secured $2 million in the State Budget for repairs that needed to be made to the Whispering Maples Memorial Gardens mausoleums in the towns of Plattsburgh and Ellenburg. After many years of neglect, the mausoleums were in a rundown state. The nonprofit corporation that operated the mausoleums and a crematory in Ellenburg had gone out of business, and state law required that ownership of the abandoned mausoleums be turned over to the municipalities.
“What happened at Whispering Maples was a disgrace,” said Little. “The mausoleums were in terrible condition, appalling really,” said Little. “The towns of Plattsburgh and Ellenburg were then put in a very difficult spot of having to take control of the facilities. The good news is funding was secured in the budget to make repairs. Work is progressing and both facilities will be in a condition appropriate for interment and for families to visit. The goal of this legislation is to ensure this scenario doesn’t happen again in another community.”
Little noted mausoleums and columbarium have proven to be successful for many cemeteries when they are part of a larger financial plan and presented as an additional burial option for cemeteries. They have also been successful by helping cemeteries extend their ability to offer burial services by utilizing burial space otherwise unavailable for in-ground burial.
However, as in the case of Whispering Maples, they have proven to be unsuccessful when a cemetery is created solely for the purpose of construction of a stand-alone mausoleum or columbarium. This model exposes local governments and other entities to financial hardship if a facility is subsequently abandoned.
The legislation, senate bill S.2606b, amends the state’s not-for-profit corporation law and religious corporations law to effectively ban construction of stand-alone mausoleums.
“I am grateful for the support of my colleagues last year to secure the funding that was needed for both mausoleums and grateful again for their support of this legislation,” said Little.
The Assembly approved a companion bill sponsored by Assemblyman Billy Jones on June 12. The legislation now returns to the Assembly before it will be sent to the Governor Cuomo for his consideration.
Posted: June 19th, 2018 under State Government News, State Legislator News.