senate Bill S9517

2021-2022 Legislative Session

Relates to certain duties and responsibilities of cemetery corporations

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 29, 2022 referred to rules

S9517 (ACTIVE) - Details

See Assembly Version of this Bill:
A10644
Current Committee:
Senate Rules
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §§1504, 1510, 1507, 1510-b & 1513, add §1510-d, N-PC L

S9517 (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.

S9517 (ACTIVE) - Sponsor Memo

S9517 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9517
 
                             I N  S E N A T E
 
                               July 29, 2022
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 CORPORATION INVOLVED AND CONTACT THE CONSUMER NO LATER THAN THE CLOSE OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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