Assembly Bill A257

2021-2022 Legislative Session

Clarifies the regulation of cemetery corporations

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A257 (ACTIVE) - Details

Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1501, N-PC L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6382
2015-2016: A2727
2017-2018: A3785, A10000
2019-2020: A613
2023-2024: A3689

2021-A257 (ACTIVE) - Summary

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

2021-A257 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    257
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. PAULIN, SEAWRIGHT, COOK -- read once and referred
   to the Committee on Corporations, Authorities 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:
 § 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.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01831-01-1

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