senate Bill S5429

2011-2012 Legislative Session

Provides that the state has jurisdiction over the regulation of all cemeteries; clarifies the definition of "cremation"

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Mar 21, 2012 advanced to third reading
Mar 20, 2012 2nd report cal.
Mar 19, 2012 1st report cal.375
Jan 04, 2012 referred to corporations, authorities and commissions
Jun 24, 2011 committed to rules
Jun 13, 2011 advanced to third reading
Jun 07, 2011 2nd report cal.
Jun 06, 2011 1st report cal.1016
May 20, 2011 referred to corporations, authorities and commissions

Votes

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Mar 19, 2012 - Corporations, Authorities and Commissions committee Vote

S5429
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Corporations, Authorities and Commissions committee vote details

Corporations, Authorities and Commissions Committee Vote: Mar 19, 2012

Jun 6, 2011 - Corporations, Authorities and Commissions committee Vote

S5429
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Corporations, Authorities and Commissions committee vote details

Corporations, Authorities and Commissions Committee Vote: Jun 6, 2011

S5429 - Bill Details

See Assembly Version of this Bill:
A7417A
Current Committee:
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd ยงยง1501 & 1502, N-PC L
Versions Introduced in 2011-2012 Legislative Session:
A7417A

S5429 - Bill Texts

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Provides that the state has jurisdiction over the regulation of all cemeteries; clarifies the definition of "cremation".

view sponsor memo
BILL NUMBER:S5429

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

PURPOSE OR GENERAL IDEA OF BILL:
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. It
also clarifies the definition of cremation to account for
technological advances in such processes.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends Section
1501 of the Not-for-Profit Corporation Law to clarify that cemetery
corporations are under sole jurisdiction of the State Cemetery Board.

Section 2 of this bill amends subdivision (h) of Section 1502 of
Article 15 of the Not-for-Profit Corporation Law to amend the
definition of cremation to ensure that all cremation processes are
conducted in a state regulated facility.

JUSTIFICATION:
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 no clear
authority to provide sole jurisdiction of such regulation to the
State Cemetery Board.

Subdivision (h) of Section 1502 of Article 15 of the Not-for-Profit
Corporation Law defines cremation based only on previously existing
technology.

There have been unnecessary conflicts relating to the regulation of
cemetery corporations in New York. 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.

Additionally, there have been several technological advances in the
process of cremation. This legislation would allow the state to
remain the leader in consumer protections and cremation regulations
by ensuring that this disposition of human remains is conducted in a
state regulated facility.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:


This act shall take effect immediately.

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

                                  5429

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 20, 2011
                               ___________

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 regu-
  lation 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.  Paragraph (h) of section 1502 of the not-for-profit corporation
law, as added by chapter 579 of the laws of 2006, is amended to read  as
follows:
  (h)  The  term "cremation" means the technical process, using heat and
flame[,] OR ANY CHEMICAL PROCESSES that reduces human remains  to  ashes
[and] AND/OR other residue.  "Cremation" shall ALSO include the process-
ing, and may include the pulverization, of such ashes and other residue.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10986-03-1

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