S T A T E O F N E W Y O R K
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2701
2015-2016 Regular Sessions
I N S E N A T E
January 28, 2015
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Introduced by Sen. FELDER -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to requiring ceme-
teries to provide for the expeditious burial and interment of deceased
humans consistent with the conscious or cultural community of which
they were a part
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
451-a to read as follows:
S 451-A. PROMPT BURIAL AND INTERMENT. EACH CEMETERY CORPORATION AND
MUNICIPALITY OPERATING A CEMETERY SHALL PROVIDE FOR THE BURIAL AND
INTERMENT OF THE REMAINS OF A DECEASED HUMAN UPON THE DAY WHICH SUCH
REMAINS ARRIVE AT THE CEMETERY, CONSISTENT WITH THE REQUIREMENTS THERE-
FOR OF THE CONSCIOUS OR CULTURAL COMMUNITY OF WHICH THE DECEASED WAS A
PART AND ANY STATE OR LOCAL STATUTORY AND REGULATORY REQUIREMENTS, IF
THE REMAINS OF THE DECEASED HUMAN ARE DELIVERED TO THE CEMETERY NOT LESS
THAN ONE-HALF HOUR BEFORE SUNSET, PROVIDED THAT THE CEMETERY RECEIVES
TWO HOURS ADVANCE NOTICE. IN THE EVENT THAT A CEMETERY IS UNABLE TO
BURY AND INTER THE REMAINS OF A DECEASED HUMAN ON THE SAME DAY AS SUCH
REMAINS ARRIVE AT SUCH CEMETERY, AS REQUIRED BY THE CONSCIOUS OR
CULTURAL COMMUNITY OF WHICH THE DECEASED WAS A PART, AND SUCH INABILITY
IS THE RESULT OF THE LARGE NUMBER OF BURIALS AND INTERMENTS STILL TO BE
COMPLETED BY THE CEMETERY AND/OR THE LACK OF SUFFICIENT STAFF TO OPEN A
GRAVE IN A TIMELY MANNER, THE CEMETERY SHALL PROVIDE A LOG OR OTHER
WRITTEN PROOF THEREOF TO A REPRESENTATIVE OR REPRESENTATIVES OF THE
DECEASED. NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIBIT THE IMPO-
SITION OF ADDITIONAL FEES FOR SUCH EXPEDITIOUS BURIAL AND INTERMENT TO
COMPENSATE THE OPERATOR OF THE CEMETERY FOR THE REASONABLE AND NECESSARY
ADDITIONAL EXPENSES INCURRED BY SUCH OPERATOR, PROVIDED, THAT SUCH ADDI-
TIONAL FEES FOR LABOR SHALL BE LIMITED TO ONE AND ONE-HALF THE HOURLY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07720-01-5
S. 2701 2
RATE OF WAGES PAID TO EMPLOYEES ASSOCIATED WITH THE BURIAL AND INTERMENT
FROM THE TIME OPENING A GRAVE COMMENCES UNTIL ONE-HALF HOUR AFTER THE
LAST PERSON AT THE INTERMENT SERVICE HAS LEFT THE CEMETERY.
S 2. Cemeteries shall comply with the general business law as far as
providing notice for annual meetings, and shall schedule meetings which
shall consider the cultural schedules of the various societies.
S 3. This act shall take effect on the thirtieth day after it shall
have become law.