senate Bill S5724

Requires cemeteries to provide for the expeditious burial and interment of deceased who are a part of certain religious and cultural communities

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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

  • 07 / Jun / 2013
    • REFERRED TO CONSUMER PROTECTION
  • 08 / Jan / 2014
    • REFERRED TO CONSUMER PROTECTION

Summary

Requires cemeteries to provide for the expeditious burial and interment of deceased who are a part of certain religious and cultural communities.

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Bill Details

Versions:
S5724
Legislative Cycle:
2013-2014
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add ยง451-a, Gen Bus L

Sponsor Memo

BILL NUMBER:S5724

TITLE OF BILL: An act to amend the general business law, in relation
to requiring cemeteries to provide for the expeditious burial and
interment of deceased humans consistent with the conscious or cultural
community of which they were a part

PURPOSE: The purpose of this legislation is to require cemeteries to
be conscious and tentative to the deceased whose culture requires a
time sensitive burial.

SUMMARY OF PROVISIONS:

Section 1, Amends the general business law by adding a new section
451-a which requires cemeteries to accommodate the burial of a
deceased human if two-hours notice are given, and the deceased arrives
one-half hour before sunset. If the above accommodations cannot be
met, the cemetery must provide a log, or other written proof of their
inability. Additionally, this section makes it known that extra
expenses may be added to the cost of the burial, if necessary, to make
any accommodations available.

Section 2. Is a compliance clause.

Section 3. This legislation shall take effect on the thirtieth day
after it shall have become law.

JUSTIFICATION: Those communities and people whose custom is immediate
burial upon death, in some instances, have been denied such burial in
a timely manner. The bill addresses this sensitive issue.

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after
it shall have become law.

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

                                  5724

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 7, 2013
                               ___________

Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to requiring ceme-
  teries to provide for the expeditious burial and interment of deceased
  humans consistent with the conscious or cultural  community  of  which
  they were a part

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

  Section 1. The general business law is amended by adding a new section
451-a to read as follows:
  S 451-A. PROMPT BURIAL AND INTERMENT. EACH  CEMETERY  CORPORATION  AND
MUNICIPALITY  OPERATING  A  CEMETERY  SHALL  PROVIDE  FOR THE BURIAL AND
INTERMENT OF THE REMAINS OF A DECEASED HUMAN UPON  THE  DAY  WHICH  SUCH
REMAINS  ARRIVE AT THE CEMETERY, CONSISTENT WITH THE REQUIREMENTS THERE-
FOR OF THE CONSCIOUS OR CULTURAL COMMUNITY OF WHICH THE DECEASED  WAS  A
PART  AND  ANY  STATE OR LOCAL STATUTORY AND REGULATORY REQUIREMENTS, IF
THE REMAINS OF THE DECEASED HUMAN ARE DELIVERED TO THE CEMETERY NOT LESS
THAN ONE-HALF HOUR BEFORE SUNSET, PROVIDED THAT  THE  CEMETERY  RECEIVES
TWO  HOURS  ADVANCE  NOTICE.   IN THE EVENT THAT A CEMETERY IS UNABLE TO
BURY AND INTER THE REMAINS OF A DECEASED HUMAN ON THE SAME DAY  AS  SUCH
REMAINS  ARRIVE  AT  SUCH  CEMETERY,  AS  REQUIRED  BY  THE CONSCIOUS OR
CULTURAL COMMUNITY OF WHICH THE DECEASED WAS A PART, AND SUCH  INABILITY
IS  THE RESULT OF THE LARGE NUMBER OF BURIALS AND INTERMENTS STILL TO BE
COMPLETED BY THE CEMETERY AND/OR THE LACK OF SUFFICIENT STAFF TO OPEN  A
GRAVE  IN  A  TIMELY  MANNER,  THE CEMETERY SHALL PROVIDE A LOG OR OTHER
WRITTEN PROOF THEREOF TO A  REPRESENTATIVE  OR  REPRESENTATIVES  OF  THE
DECEASED.  NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIBIT THE IMPO-
SITION  OF  ADDITIONAL FEES FOR SUCH EXPEDITIOUS BURIAL AND INTERMENT TO
COMPENSATE THE OPERATOR OF THE CEMETERY FOR THE REASONABLE AND NECESSARY
ADDITIONAL EXPENSES INCURRED BY SUCH OPERATOR, PROVIDED, THAT SUCH ADDI-
TIONAL FEES FOR LABOR SHALL BE LIMITED TO ONE AND  ONE-HALF  THE  HOURLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10711-03-3

S. 5724                             2

RATE OF WAGES PAID TO EMPLOYEES ASSOCIATED WITH THE BURIAL AND INTERMENT
FROM  THE  TIME  OPENING A GRAVE COMMENCES UNTIL ONE-HALF HOUR AFTER THE
LAST PERSON AT THE INTERMENT SERVICE HAS LEFT THE CEMETERY.
  S  2.  Cemeteries shall comply with the general business law as far as
providing notice for annual meetings, and shall schedule meetings  which
shall consider the cultural schedules of the various societies.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become law.

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