senate Bill S4320

Clarifies that state regulated cemetery operations are under the sole jurisdiction of the state cemetery board

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 21 / Mar / 2013
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 04 / Jun / 2013
    • 1ST REPORT CAL.1106
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2013
    • PASSED SENATE
  • 11 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2013
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 26 / Feb / 2014
    • 1ST REPORT CAL.178
  • 27 / Feb / 2014
    • 2ND REPORT CAL.
  • 03 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Summary

Clarifies that state regulated cemetery operations are under the sole jurisdiction of the state cemetery board.

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Bill Details

See Assembly Version of this Bill:
A6382
Versions:
S4320
Legislative Cycle:
2013-2014
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd ยง1501, N-PC L

Sponsor Memo

BILL NUMBER:S4320

TITLE OF BILL: An act to amend the not-for-profit corporation law, in
relation to the regulation of cemetery corporations

PURPOSE:

This bill would clarify that state regulated cemetery operations are
under the sole jurisdiction of the state cemetery board which is
composed of the Secretary of State, Attorney General and Commissioner
of Health or their designees.

SUMMARY OF PROVISIONS:

This bill amends Section 1501 of the Not-for-Profit Corporation Law to
clarify that cemetery corporations axe under sole jurisdiction of the
State Cemetery Board.

EXISTING LAW:

While Section 1501 of the Not-for-Profit Corporation Law and recent
court cases have affirmed the authority and police powers of the state
in regulating cemeteries there is currently no defined and clear
authority to provide sole jurisdiction of such regulation to the state
cemetery board.

JUSTIFICATION:

There have been unnecessary conflicts relating to the regulation of
cemetery corporations in New York while the Legislature has enacted
numerous statutes granting wide authority to the state in these
matters. This legislation would clarify that the jurisdiction of the
regulation of cemetery corporations is currently the purview of the
Division of Cemeteries and the State Cemetery Board which is composed
of the Secretary of State, Attorney General and Commissioner of Health
or their designees.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4320

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 21, 2013
                               ___________

Introduced  by  Sen.  RANZENHOFER -- 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  the
  regulation of cemetery corporations

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1501 of  the  not-for-profit  corporation  law,  as
added by chapter 871 of the laws of 1977, is amended to read as follows:
S 1501. Declaration of policy.
  The  people  of this state have a vital interest in the establishment,
maintenance and preservation of [public] burial grounds and  the  proper
operation of the corporations which own and manage the same.  This arti-
cle  is  determined  an  exercise  of the police powers of this state to
protect the well-being of our citizens, to promote  the  public  welfare
and  to  prevent cemeteries from falling into disrepair and dilapidation
and becoming a burden upon the community,  and  in  furtherance  of  the
public  policy  of  this  state  that cemeteries shall be conducted on a
non-profit basis for the mutual benefit of plot owners  therein.    THIS
VITAL  INTEREST  SHALL BE PROTECTED AND THE UNIQUENESS OF THESE ENTITIES
SHALL BE AFFIRMED BY PROVIDING THE STATE  WITH  THE  RESPONSIBILITY  FOR
SOLE  JURISDICTION  OF THE REGULATION OF CEMETERIES AS SET FORTH IN THIS
ARTICLE.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09964-01-3

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