Assembly Bill A4790B

2023-2024 Legislative Session

Relates to certain duties and responsibilities of cemetery corporations

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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

Bill Amendments

2023-A4790 - Details

Current Committee:
Assembly Ways And Means
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §§1504, 1507, 1510 & 1513, N-PC L
Versions Introduced in 2021-2022 Legislative Session:
A10644

2023-A4790 - Summary

Relates to certain duties and responsibilities of cemetery corporations; requires disclosure of the dimensions of spacing betweens plots, lots, or parts thereof; provides for the filing of consumer complaints.

2023-A4790 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4790
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced by 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. Paragraph (c) of section 1504 of the not-for-profit corpo-
 ration law, as added by chapter 871 of the laws  of  1977,  subparagraph
 2-a  as amended and subparagraph 2-b as added by chapter 565 of the laws
 of 1980, subparagraph 4 as added by chapter 557 of the laws of 1985, and
 subparagraph 5 as renumbered by chapter 557 of  the  laws  of  1985,  is
 amended and a new paragraph (e) is added to read as follows:
   (c)    Powers  and  duties of the cemetery board.  With respect to any
 cemetery or cemetery corporation, the  cemetery  board  shall  have  the
 following  duties  and powers:   (1)  To adopt such reasonable rules and
 regulations as the cemetery board shall deem necessary  for  the  proper
 administration  of  this article.  (2) To order any cemetery corporation
 to do such acts as may be necessary to comply  with  the  provisions  of
 this  article or any rule or regulation adopted by the cemetery board or
 to refrain from doing any act in violation thereof.   (2-a)    To  adopt
 reasonable  rules  and regulations to exempt those cemetery corporations
 from the provisions of paragraph (h) of section fifteen hundred  ten  of
 this [chapter] ARTICLE which because of a limited number of paid employ-
 ees  or  appropriate  resources are unable to carry out such provisions.
 (2-b) To adopt reasonable rules and regulations to extend the time peri-
 od mandated by the  provisions  of  paragraph  (h)  of  section  fifteen
 hundred  ten of this [chapter] ARTICLE when necessary because compliance
 by a cemetery corporation within such time period is impossible. (3)  To
 enforce  its orders by mandamus or injunction in a summary proceeding or
 otherwise. In connection with such action or  proceeding,  the  attorney
 general  is  authorized  to  take  proof, issue subpoenas and administer
 oaths in the manner provided in the civil practice law and rules. (4) To
 impose a civil penalty upon a cemetery  corporation  not  exceeding  one
 thousand  dollars,  after conducting an adjudicatory hearing pursuant to
 
              

2023-A4790A - Details

Current Committee:
Assembly Ways And Means
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §§1504, 1507, 1510 & 1513, N-PC L
Versions Introduced in 2021-2022 Legislative Session:
A10644

2023-A4790A - Summary

Relates to certain duties and responsibilities of cemetery corporations; requires disclosure of the dimensions of spacing betweens plots, lots, or parts thereof; provides for the filing of consumer complaints.

2023-A4790A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4790--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on  Corporations, Authorities and Commissions -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 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. Paragraph (c) of section 1504 of the not-for-profit corpo-
 ration law, as added by chapter 871 of the laws  of  1977,  subparagraph
 2-a  as amended and subparagraph 2-b as added by chapter 565 of the laws
 of 1980, subparagraph 4 as added by chapter 557 of the laws of 1985, and
 subparagraph 5 as renumbered by chapter 557 of  the  laws  of  1985,  is
 amended and a new paragraph (e) is added to read as follows:
   (c)    Powers  and  duties of the cemetery board.  With respect to any
 cemetery or cemetery corporation, the  cemetery  board  shall  have  the
 following  duties  and powers:   (1)  To adopt such reasonable rules and
 regulations as the cemetery board shall deem necessary  for  the  proper
 administration  of  this article.  (2) To order any cemetery corporation
 to do such acts as may be necessary to comply  with  the  provisions  of
 this  article or any rule or regulation adopted by the cemetery board or
 to refrain from doing any act in violation thereof.   (2-a)    To  adopt
 reasonable  rules  and regulations to exempt those cemetery corporations
 from the provisions of paragraph (h) of section fifteen hundred  ten  of
 this [chapter] ARTICLE which because of a limited number of paid employ-
 ees  or  appropriate  resources are unable to carry out such provisions.
 (2-b) To adopt reasonable rules and regulations to extend the time peri-
 od mandated by the  provisions  of  paragraph  (h)  of  section  fifteen
 hundred  ten of this [chapter] ARTICLE when necessary because compliance
 by a cemetery corporation within such time period is impossible. (3)  To
 enforce  its orders by mandamus or injunction in a summary proceeding or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00846-03-3
              

2023-A4790B (ACTIVE) - Details

Current Committee:
Assembly Ways And Means
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §§1504, 1507, 1510 & 1513, N-PC L
Versions Introduced in 2021-2022 Legislative Session:
A10644

2023-A4790B (ACTIVE) - Summary

Relates to certain duties and responsibilities of cemetery corporations; requires disclosure of the dimensions of spacing betweens plots, lots, or parts thereof; provides for the filing of consumer complaints.

2023-A4790B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4790--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on  Corporations, Authorities and Commissions -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  -- reported and referred to the Committee on Ways and Means
   -- recommitted to the Committee on Ways and Means in  accordance  with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 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. Paragraph (c) of section 1504 of the not-for-profit corpo-
 ration law, as added by chapter 871 of the laws  of  1977,  subparagraph
 2-a  as amended and subparagraph 2-b as added by chapter 565 of the laws
 of 1980, subparagraph 4 as added by chapter 557 of the laws of 1985, and
 subparagraph 5 as renumbered by chapter 557 of  the  laws  of  1985,  is
 amended and a new paragraph (e) is added to read as follows:
   (c)    Powers  and  duties of the cemetery board.  With respect to any
 cemetery or cemetery corporation, the  cemetery  board  shall  have  the
 following  duties  and powers:   (1)  To adopt such reasonable rules and
 regulations as the cemetery board shall deem necessary  for  the  proper
 administration  of  this article.  (2) To order any cemetery corporation
 to do such acts as may be necessary to comply  with  the  provisions  of
 this  article or any rule or regulation adopted by the cemetery board or
 to refrain from doing any act in violation thereof.   (2-a)    To  adopt
 reasonable  rules  and regulations to exempt those cemetery corporations
 from the provisions of paragraph (h) of section fifteen hundred  ten  of
 this [chapter] ARTICLE which because of a limited number of paid employ-
 ees  or  appropriate  resources are unable to carry out such provisions.
 (2-b) To adopt reasonable rules and regulations to extend the time peri-
 od mandated by the  provisions  of  paragraph  (h)  of  section  fifteen
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00846-05-4
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

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