|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jul 29, 2022||referred to rules|
senate Bill S9517
Current Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S9517 (ACTIVE) - Details
S9517 (ACTIVE) - Sponsor Memo
BILL NUMBER: S9517 SPONSOR: ADDABBO TITLE OF BILL: An act to amend the not-for-profit corporation law, in relation to certain duties and responsibilities of cemetery corporations PURPOSE OR GENERAL IDEA OF BILL: The purpose of the bill is to implement stricter oversight of cemetery corporations, ensure proper consideration for religious needs, and provide recourse for individuals who wish to file a complaint against a cemetery corporation. SUMMARY OF PROVISIONS: Section 1 of the bill amends subparagraph 4 of paragraph (c) of section 1504 of the not-for-profit corporation law and adds two new subpara- graphs 4-a and 4-b and a new paragraph (e) to: require cemetery corpo- rations to carry liability insurance to cover claims arising out of death or injury caused by the collapse of any monument or marker;
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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