Assembly Actions -
Senate Actions - UPPERCASE
|Aug 12, 2022||
referred to corporations, authorities and commissions
Assembly Bill A10644
2021-2022 Legislative Session
Archive: Last Bill Status - In Assembly Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2021-A10644 (ACTIVE) - Details
2021-A10644 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10644 I N A S S E M B L Y August 12, 2022 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Hevesi) -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the not-for-profit corporation law, in relation to certain duties and responsibilities of cemetery corporations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph 4 of paragraph (c) of section 1504 of the not-for-profit corporation law, as added by chapter 557 of the laws of 1985, is amended and two new subparagraphs 4-a and 4-b and a new para- graph (e) are added to read as follows: (4) To impose a civil penalty upon a cemetery corporation not exceed- ing one thousand dollars, after conducting an adjudicatory hearing pursuant to the provisions of PARAGRAPH (E) OF THIS SECTION, AND CONSISTENT WITH THE PROVISIONS OF the state administrative procedure act, for a violation of or a failure to comply with any provisions contained in this article or any regulation, directive or order of the board, and without the need to maintain a civil action pursuant to subdivision five of this paragraph. (4-A) TO ADOPT REASONABLE RULES AND REGULATIONS REQUIRING THAT EACH CEMETERY CORPORATION SHALL CARRY A LIABILITY INSURANCE POLICY THAT PROVIDES COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE DEATH OR BODILY INJURY OF ANY PERSON AS A RESULT OF THE COLLAPSE OF ANY MONUMENT, EMBELLISHMENT OR OTHER MARKER ON A PLOT, LOT OR PART THEREOF, REGARDLESS OF WHETHER ANY SUCH COLLAPSE WAS CAUSED BY AN ACT OF VANDALISM COMMITTED BY A PERSON OTHER THAN THE CLAIMANT, IN SUCH AMOUNTS AS THE BOARD DETERMINES TO BE ADEQUATE FOR SUCH PURPOSE. (4-B) TO ADOPT REASONABLE RULES AND REGULATIONS REQUIRING THE APPROVAL OF A LICENSED ENGINEER PRIOR TO: THE EXCAVATION OF ANY GRAVE, THE CONSTRUCTION, INSTALLATION OR REMOVAL OF ANY MAUSOLEUM, VAULT, COLUMBAR- IUM OR OTHER SIMILAR STRUCTURE, THE POURING OF CONCRETE FOR FOUNDATION, AND OTHER CONSTRUCTION OR MAINTENANCE ACTIVITIES INVOLVING THE USE OF HEAVY MACHINERY. (E) COMPLAINT PROCESS. UPON RECEIPT OF A CONSUMER COMPLAINT FORM, THE DIVISION OF CEMETERIES SHALL FORWARD SUCH COMPLAINT TO THE CEMETERY EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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