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Assembly Bill A7417A

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 Assembly Committee

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Bill Amendments

2011-A7417 - Details

See Senate Version of this Bill:
S5429
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §§1501 & 1502, N-PC L

2011-A7417 - Summary

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

2011-A7417 - Bill Text download pdf 

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

                                  7417

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
  tee on Corporations, Authorities 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.
  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.
                                                           LBD10986-01-1

co-Sponsors

multi-Sponsors

2011-A7417A (ACTIVE) - Details

See Senate Version of this Bill:
S5429
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §§1501 & 1502, N-PC L

2011-A7417A (ACTIVE) - Summary

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

2011-A7417A (ACTIVE) - Bill Text download pdf 

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

                                 7417--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
  tee  on  Corporations,  Authorities  and  Commissions   --   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 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.

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