Senate Bill S3024

2023-2024 Legislative Session

Provides for memorial land facilities

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Sponsored By

Current Bill Status - On Floor Calendar


  • 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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Votes

Bill Amendments

co-Sponsors

2023-S3024 - Details

See Assembly Version of this Bill:
A7104
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 9 Title 22 §9-2201, En Con L
Versions Introduced in 2021-2022 Legislative Session:
S6842, A7848

2023-S3024 - Summary

Provides a permit for a memorial lands facility.

2023-S3024 - Sponsor Memo

2023-S3024 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3024
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2023
                                ___________
 
 Introduced  by  Sens. COMRIE, HARCKHAM, KENNEDY, KRUEGER, MATTERA, MYRIE
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   providing a permit for a memorial lands facility

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 9 of the environmental conservation law is  amended
 by adding a new title 22 to read as follows:
                                 TITLE 22
                          MEMORIAL LANDS FACILITY
 SECTION 9-2201. MEMORIAL LANDS FACILITY.
 § 9-2201. MEMORIAL LANDS FACILITY.
   1.  ANY  PERSON WHO OPERATES AN ENTITY ON LAND, OTHER THAN A CEMETERY,
 THAT IS PRIMARILY  USED  FOR  THE  RESPECTFUL  DISPOSITION  OF  CREMATED
 REMAINS  SHALL HOLD A VALID MEMORIAL LANDS FACILITY PERMIT ISSUED BY THE
 DEPARTMENT.
   2. TO RECEIVE A MEMORIAL LANDS FACILITY PERMIT THE OPERATOR OF A MEMO-
 RIAL LANDS FACILITY SHALL FILE WITH THE  DEPARTMENT  AND  ADHERE  TO  AN
 OPERATION  PLAN  FOR  THE MAINTENANCE OF THE LAND AND THE DISPOSITION OF
 CREMATED REMAINS. THE OPERATION PLAN SHALL INCLUDE THE FOLLOWING:
   (A) EVIDENCE OF A CONSERVATION  EASEMENT,  AS  DEFINED  UNDER  SECTION
 49-0303 OF THIS CHAPTER, HELD BY A NOT-FOR-PROFIT CONSERVATION ORGANIZA-
 TION OR PUBLIC BODY;
   (B) A COMMITMENT THAT NO CREMATORY OR COLUMBARIUM SHALL BE CONSTRUCTED
 ON THE MEMORIAL LANDS FACILITY;
   (C)  A  COPY  OF THE FORM CONTRACT BETWEEN THE MEMORIAL LANDS FACILITY
 AND THE CONSUMER THAT PERMITS THE DISPOSITION OF CREMATED REMAINS; AND
   (D) THE RULES AND REGULATIONS FOR THE MEMORIAL  LANDS  FACILITY  WHICH
 GOVERNS AND SHALL INCLUDE BUT NOT BE LIMITED TO, ACCESS TO THE LAND.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04711-01-3
 S. 3024                             2
              

co-Sponsors

2023-S3024A - Details

See Assembly Version of this Bill:
A7104
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 9 Title 22 §9-2201, En Con L
Versions Introduced in 2021-2022 Legislative Session:
S6842, A7848

2023-S3024A - Summary

Provides a permit for a memorial lands facility.

2023-S3024A - Sponsor Memo

2023-S3024A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3024--A
     Cal. No. 817
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2023
                                ___________
 
 Introduced  by  Sens. COMRIE, HARCKHAM, KENNEDY, KRUEGER, MATTERA, MYRIE
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Environmental Conservation -- reported favorably from
   said committee, ordered to first and second report, amended on  second
   report,  ordered  to  a third reading, and to be reprinted as amended,
   retaining its place in the order of third reading
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   providing a permit for a memorial lands facility
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 9 of the environmental conservation law is  amended
 by adding a new title 22 to read as follows:
                                 TITLE 22
                          MEMORIAL LANDS FACILITY
 SECTION 9-2201. MEMORIAL LANDS FACILITY.
 § 9-2201. MEMORIAL LANDS FACILITY.
   1.  ANY  PERSON WHO OPERATES AN ENTITY ON LAND, OTHER THAN A CEMETERY,
 THAT IS PRIMARILY  USED  FOR  THE  RESPECTFUL  DISPOSITION  OF  CREMATED
 REMAINS  SHALL HOLD A VALID MEMORIAL LANDS FACILITY PERMIT ISSUED BY THE
 DEPARTMENT AND APPROVED BY THE CEMETERY BOARD IN THE DIVISION  OF  CEME-
 TERIES IN THE DEPARTMENT OF STATE.
   2. TO RECEIVE A MEMORIAL LANDS FACILITY PERMIT THE OPERATOR OF A MEMO-
 RIAL  LANDS FACILITY SHALL BE A NOT-FOR-PROFIT CORPORATION, INCORPORATED
 IN THE STATE, THAT SHALL FILE WITH THE DEPARTMENT AND ADHERE TO AN OPER-
 ATION PLAN FOR THE MAINTENANCE  OF  THE  LAND  AND  THE  DISPOSITION  OF
 CREMATED REMAINS. THE OPERATION PLAN SHALL INCLUDE THE FOLLOWING:
   (A)  EVIDENCE  OF  A  CONSERVATION  EASEMENT, AS DEFINED UNDER SECTION
 49-0303 OF THIS CHAPTER, HELD BY A NOT-FOR-PROFIT CONSERVATION ORGANIZA-
 TION OR PUBLIC BODY;
   (B) A COMMITMENT THAT NO CREMATORY OR COLUMBARIUM SHALL BE CONSTRUCTED
 ON THE MEMORIAL LANDS FACILITY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2023-S3024B (ACTIVE) - Details

See Assembly Version of this Bill:
A7104
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 9 Title 22 §9-2201, En Con L
Versions Introduced in 2021-2022 Legislative Session:
S6842, A7848

2023-S3024B (ACTIVE) - Summary

Provides a permit for a memorial lands facility.

2023-S3024B (ACTIVE) - Sponsor Memo

2023-S3024B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3024--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2023
                                ___________
 
 Introduced  by  Sens. COMRIE, HARCKHAM, KENNEDY, KRUEGER, MATTERA, MYRIE
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Environmental Conservation -- reported favorably from
   said committee, ordered to first and second report, amended on  second
   report,  ordered  to  a third reading, and to be reprinted as amended,
   retaining its place in the order of third reading  --  recommitted  to
   the  Committee on Environmental Conservation in accordance with Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the   not-for-profit corporation law, in relation to
   authorizing memorial lands facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The not-for-profit corporation law is amended by adding a
 new section 1506-f to read as follows:
 § 1506-F. MEMORIAL LANDS FACILITY.
   (A) ANY PERSON WHO OPERATES AN ENTITY ON LAND, THAT IS PRIMARILY  USED
 ONLY  FOR  THE  RESPECTFUL  DISPOSITION OF CREMATED AND NATURALLY ORGAN-
 ICALLY REDUCED REMAINS SHALL HOLD A VALID MEMORIAL LANDS FACILITY PERMIT
 ISSUED AND APPROVED BY THE CEMETERY BOARD.
   (B) TO RECEIVE A MEMORIAL LANDS FACILITY  PERMIT  THE  OPERATOR  OF  A
 MEMORIAL LANDS FACILITY SHALL BE A NOT-FOR-PROFIT CORPORATION SUBJECT TO
 THE  REGULATORY  OVERSIGHT  OF  THE  CEMETERY BOARD, INCORPORATED IN THE
 STATE, THAT SHALL FILE WITH THE DEPARTMENT AND ADHERE  TO  AN  OPERATION
 PLAN FOR THE MAINTENANCE OF THE LAND AND THE DISPOSITION OF CREMATED AND
 NATURALLY  ORGANICALLY REDUCED REMAINS. THE OPERATION PLAN SHALL INCLUDE
 THE FOLLOWING:
   (1) EVIDENCE OF A PERPETUAL CONSERVATION EASEMENT,  AS  DEFINED  UNDER
 SECTION  49-0303  THE ENVIRONMENTAL CONSERVATION LAW, HELD BY A NOT-FOR-
 PROFIT CONSERVATION ORGANIZATION OR PUBLIC BODY OR  EVIDENCE  THAT  SUCH
 LANDS ARE CEMETERY LANDS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04711-04-4
              

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