senate Bill S4320

2013-2014 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2014 referred to corporations, authorities and commissions
delivered to assembly
passed senate
Mar 03, 2014 advanced to third reading
Feb 27, 2014 2nd report cal.
Feb 26, 2014 1st report cal.178
Jan 08, 2014 referred to corporations, authorities and commissions
returned to senate
died in assembly
Jun 11, 2013 referred to corporations, authorities and commissions
delivered to assembly
passed senate
Jun 10, 2013 advanced to third reading
Jun 05, 2013 2nd report cal.
Jun 04, 2013 1st report cal.1106
Mar 21, 2013 referred to corporations, authorities and commissions

Votes

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Feb 26, 2014 - Corporations, Authorities and Commissions committee Vote

S4320
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: Feb 26, 2014

Jun 4, 2013 - Corporations, Authorities and Commissions committee Vote

S4320
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 4, 2013

S4320 - Bill Details

See Assembly Version of this Bill:
A6382
Current Committee:
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd ยง1501, N-PC L

S4320 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4320

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

PURPOSE:

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.

SUMMARY OF PROVISIONS:

This bill amends Section 1501 of the Not-for-Profit Corporation Law to
clarify that cemetery corporations axe under sole jurisdiction of the
State Cemetery Board.

EXISTING LAW:

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 currently no defined and clear
authority to provide sole jurisdiction of such regulation to the state
cemetery board.

JUSTIFICATION:

There have been unnecessary conflicts relating to the regulation of
cemetery corporations in New York while the Legislature has enacted
numerous statutes granting wide authority to the state in these
matters. 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.

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
________________________________________________________________________

                                  4320

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 21, 2013
                               ___________

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  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:
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. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09964-01-3

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