Bill Memos
MEMORANDUM OF STRONG OPPOSITION
The above-referenced bill applies to cemeteries organized and operated under the Religious Corporations Law and attempts to prohibit those cemeteries from selling monuments and memorials. The Catholic Conference continues to object to governmental encroachment on the operation of church-affiliated cemeteries. These cemeteries perform burial services according to the rites and rituals of the Church and, as such, are and should remain outside the purview of governmental intrusion.
In addition, in these difficult fiscal times, it is necessary for financial stability to allow all cemeteries, not just religious cemeteries, to supplement and diversify their revenue sources to ensure perpetual care, maintenance and stability of the cemetery. More 
MEMORANDUM OF OPPOSITION
The above-referenced bill would place certain restrictions on non-profit organizations and their ability to operate effectively.
The New York State Catholic Conference opposes this legislation.
The bill requires that land currently tax exempt be used “exclusively and actively for the exempt purpose” for which tax exempt status was originally granted. Such language would prove overly burdensome to many non-profit organizations by requiring continuous use of land for only a small category of narrow purposes. More
MEMORANDUM OF OPPOSITION
The above-referenced bill attempts to define terms in the Real Property Tax law relating to the tax exempt status of non-profit organizations, a task heretofore left to the courts.
The New York State Catholic Conference opposes this legislation.
This bill attempts to define terms such as “religious purpose” narrowly and intrusively by restricting tax exempt status to land used for purposes that are “fundamental” and “necessary” to the practice of religion. The bill specifically rejects meditative practice or the maintenance of open space as fundamental or necessary to the practice of religion, therefore defining for religious organizations what their religion is or should be. More
MEMORANDUM OF OPPOSITION
The above-referenced bill would authorize and regulate the combative sport of Mixed Martial Arts, which is currently prohibited from New York by law.
Mixed martial arts, otherwise known as “ultimate fighting,” purports to combine karate, judo, jujitsu, boxing, wrestling and tae kwon do, however in an extremely dangerous and seriously debilitating way. Injuries from these events are numerous, and participants are routinely severely bloodied or rendered unconscious. At least two participants in “ultimate fighting” events in the United States have died from injuries sustained during a match in the last three-and-a-half years. In June 2010 in Columbia, S.C., Michael Kirkham collapsed after his first professional fight and remained unconscious before dying of a brain injury two days later. Kirkham took several strikes to the head during his match, which was a state-sanctioned fight.
Supporters of the New York bill note the revenue that the licensing of “ultimate fighting” events in the state are expected to generate. But approval of this bill would generate more than revenue. It would generate our state government’s acceptance and approval of extraordinarily violent behavior. It would generate serious injuries and possibly deaths of fighters in our state. It would generate “copycat” incidents in which children accidentally injure or even kill themselves or others imitating the moves of the participants. And it would surely generate a further coarsening of our culture, something we can hardly afford. Legislators must ask themselves, “Is this what we want New York to be?” The New York State Catholic Bishops believe the only honest answer to that question is no. More
MEMORANDUM OF OPPOSITION
The above-referenced bill would amend the Domestic Relations Law to require advanced directives for the transfer, use and disposition of gametes or embryos used in assisted reproductive technologies (ARTs).
In attempting to regulate the practice of ARTs, this legislation would indicate a societal acceptance of the artificial creation, manipulation and destruction of human life. The continued availability of ART procedures cannot be endorsed by our Conference, and indeed, is opposed by many New Yorkers, both Catholic and non-Catholic, who hold moral objections to artificial means of reproduction that treat children as merchandise rather than as precious gifts. More
MEMORANDUM OF OPPOSITION
The above-referenced bill amends the Public Health Law to require only one witness to execute a valid health care proxy in New York State. The current law requires that two witnesses be present.
The New York State Catholic Conference opposes this legislation.
Similar legislation has already been considered and was vetoed in in 2010 by Governor Paterson. In his veto message (veto no. 6788), the Governor stated that “the elimination of the second witness requirement would make it more likely that a person with nefarious motives could forge another’s name and be the sole witness to the forged document,” thus giving the unlawful agent the power to make decisions “on behalf of the patient, including decisions that could result in death.” The present legislation raises the same concerns of fraud and abuse, particularly in regard to the most vulnerable populations.
To ensure appropriate protection for persons who are unable to make their own healthcare decisions, we oppose this legislation and urge that it be defeated.
MEMORANDUM OF SUPPORT
The above-referenced bill would provide faith groups with the ability to rent or otherwise utilize public school property for use as a meeting place, including for services and worship. The bill provides a balance by permitting the trustees, boards of education or community school boards, as applicable, to adopt reasonable regulations for such use so as to ensure the use is not disruptive of normal school operations, while, at the same time, preventing trustees, boards of education or community school boards from using this regulatory power to exclude or limit religious conduct or speech during non-school hours.
The New York State Catholic Conference supports this legislation as a matter of religious freedom.
While this issue does not directly impact the Catholic Church, we stand united with our brothers and sisters of faith, knowing that many other denominations rely on such space to hold services and meetings essential to the functioning of their congregations. As a matter of fairness and freedom of religious expression, and in the interest of fostering a vibrant faith community in all parts of the state, we believe that public school facilities should be made available to religious congregants for meetings, services and worship.
We urge favorable action on this legislation.
MEMORANDUM OF OPPOSITION
The above-referenced bill would eliminate the patient-specific physician prescription requirement for the “morning-after pill” for girls under age 17, enabling them to purchase the drugs at any drugstore or obtain them from a school nurse, without any parental knowledge or doctor’s supervision.
The New York State Catholic Conference opposes this legislation.
The federal Food & Drug Administration has approved the sale of the morning-after pill “Plan B” (so-called “emergency contraception”) without a prescription in pharmacies to persons 17 years of age and older. The FDA continues to require those under age 17 to obtain a physician’s prescription to purchase the pills. In December of 2011, Health and Human Services Secretary Kathleen Sebelius denied FDA approval to market Plan B as a non-prescription drug for girls under age 17. The Secretary noted that “there are significant cognitive and behavioral differences between older adolescent girls and the youngest girls of reproductive age.” More
MEMORANDUM OF SUPPORT
The above-referenced bill would provide faith groups with the ability to rent or otherwise utilize public school property for use as a meeting place, including for services and worship. The bill provides a balance by permitting the trustees, boards of education or community school boards, as applicable, to adopt reasonable regulations for such use so as to ensure the use is not disruptive of normal school operations.
The New York State Catholic Conference supports this legislation as a matter of religious freedom.
While this issue does not directly impact the Catholic Church, we stand united with our brothers and sisters of faith, knowing that many other denominations rely on such space to hold services and meetings essential to the functioning of their congregations. As a matter of fairness and freedom of religious expression, and in the interest of fostering a vibrant faith community in all parts of the state, we believe that public school facilities should be made available to religious congregants for meetings, services and worship.
We urge favorable action on this legislation.
MEMORANDUM OF OPPOSITION
The above-referenced bill amends the Public Health Law to require the establishment and regulation of all entities that have or share in decision-making authority over hospitals. The bill would also subject amendments to a hospital’s mission statement to review by the Public Health Council.
- The New York State Catholic Conference strongly opposes this legislation for the following reasons:the provision undermines the authority of religious leaders and sponsors over decision-making central to the facility’s religious mission and philosophy; and
- the bill is an unwarranted intrusion into the ability of religious leaders and sponsors who, under Church law, have the responsibility to ensure that Church-sponsored activity is carried out in accord with the religious beliefs and practices of the Church.
