assembly Bill A10644

2021-2022 Legislative Session

Relates to certain duties and responsibilities of cemetery corporations

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 12, 2022 referred to corporations, authorities and commissions

A10644 (ACTIVE) - Details

See Senate Version of this Bill:
S9517
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §§1504, 1510, 1507, 1510-b & 1513, add §1510-d, N-PC L
Versions Introduced in 2023-2024 Legislative Session:
S1616

A10644 (ACTIVE) - Summary

Relates to certain duties and responsibilities of cemetery corporations; provides for the filing of consumer complaints; requires insurance coverage for injuries caused by collapsed monuments and structures.

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.