Assembly Bill A7104B

2023-2024 Legislative Session

Provides for memorial land facilities

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

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Bill Amendments

co-Sponsors

2023-A7104 - Details

See Senate Version of this Bill:
S3024
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Add §1506-f, N-PC L
Versions Introduced in 2021-2022 Legislative Session:
A7848, S6842

2023-A7104 - Summary

Provides a permit for a memorial lands facility.

2023-A7104 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7104
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced  by M. of A. REYES, LUNSFORD, GUNTHER, DICKENS, RIVERA, FALL,
   BURDICK, FAHY, LUPARDO, SEAWRIGHT, TAYLOR, SIMON,  JACOBSON,  JACKSON,
   HEVESI,  COOK  --  read  once  and referred to the Committee on Corpo-
   rations, Authorities and Commissions
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   providing a permit for a memorial lands facility
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 9 of the environmental conservation law is  amended
 by adding a new title 22 to read as follows:
                                 TITLE 22
                          MEMORIAL LANDS FACILITY
 SECTION 9-2201. MEMORIAL LANDS FACILITY.
 § 9-2201. MEMORIAL LANDS FACILITY.
   1.  ANY  PERSON WHO OPERATES AN ENTITY ON LAND, OTHER THAN A CEMETERY,
 THAT IS PRIMARILY  USED  FOR  THE  RESPECTFUL  DISPOSITION  OF  CREMATED
 REMAINS  SHALL HOLD A VALID MEMORIAL LANDS FACILITY PERMIT ISSUED BY THE
 DEPARTMENT.
   2. TO RECEIVE A MEMORIAL LANDS FACILITY PERMIT THE OPERATOR OF A MEMO-
 RIAL LANDS FACILITY SHALL FILE WITH THE  DEPARTMENT  AND  ADHERE  TO  AN
 OPERATION  PLAN  FOR  THE MAINTENANCE OF THE LAND AND THE DISPOSITION OF
 CREMATED REMAINS. THE OPERATION PLAN SHALL INCLUDE THE FOLLOWING:
   (A) EVIDENCE OF A CONSERVATION  EASEMENT,  AS  DEFINED  UNDER  SECTION
 49-0303 OF THIS CHAPTER, HELD BY A NOT-FOR-PROFIT CONSERVATION ORGANIZA-
 TION OR PUBLIC BODY;
   (B) A COMMITMENT THAT NO CREMATORY OR COLUMBARIUM SHALL BE CONSTRUCTED
 ON THE MEMORIAL LANDS FACILITY;
   (C)  A  COPY  OF THE FORM CONTRACT BETWEEN THE MEMORIAL LANDS FACILITY
 AND THE CONSUMER THAT PERMITS THE DISPOSITION OF CREMATED REMAINS; AND
   (D) THE RULES AND REGULATIONS FOR THE MEMORIAL  LANDS  FACILITY  WHICH
 GOVERNS AND SHALL INCLUDE BUT NOT BE LIMITED TO, ACCESS TO THE LAND.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04711-01-3

co-Sponsors

2023-A7104A - Details

See Senate Version of this Bill:
S3024
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Add §1506-f, N-PC L
Versions Introduced in 2021-2022 Legislative Session:
A7848, S6842

2023-A7104A - Summary

Provides a permit for a memorial lands facility.

2023-A7104A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7104--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced  by M. of A. REYES, LUNSFORD, GUNTHER, DICKENS, RIVERA, FALL,
   BURDICK, FAHY, LUPARDO, SEAWRIGHT, TAYLOR, SIMON,  JACOBSON,  JACKSON,
   HEVESI,  COOK  --  read  once  and referred to the Committee on Corpo-
   rations, Authorities and Commissions  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   providing a permit for a memorial lands facility
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 9 of the environmental conservation law is  amended
 by adding a new title 22 to read as follows:
                                 TITLE 22
                          MEMORIAL LANDS FACILITY
 SECTION 9-2201. MEMORIAL LANDS FACILITY.
 § 9-2201. MEMORIAL LANDS FACILITY.
   1.  ANY  PERSON WHO OPERATES AN ENTITY ON LAND, OTHER THAN A CEMETERY,
 THAT IS PRIMARILY  USED  FOR  THE  RESPECTFUL  DISPOSITION  OF  CREMATED
 REMAINS  SHALL HOLD A VALID MEMORIAL LANDS FACILITY PERMIT ISSUED BY THE
 DEPARTMENT AND APPROVED BY THE CEMETERY BOARD IN THE DIVISION  OF  CEME-
 TERIES IN THE DEPARTMENT OF STATE.
   2. TO RECEIVE A MEMORIAL LANDS FACILITY PERMIT THE OPERATOR OF A MEMO-
 RIAL  LANDS FACILITY SHALL BE A NOT-FOR-PROFIT CORPORATION, INCORPORATED
 IN THE STATE, THAT SHALL FILE WITH THE DEPARTMENT AND ADHERE TO AN OPER-
 ATION PLAN FOR THE MAINTENANCE  OF  THE  LAND  AND  THE  DISPOSITION  OF
 CREMATED REMAINS. THE OPERATION PLAN SHALL INCLUDE THE FOLLOWING:
   (A)  EVIDENCE  OF  A  CONSERVATION  EASEMENT, AS DEFINED UNDER SECTION
 49-0303 OF THIS CHAPTER, HELD BY A NOT-FOR-PROFIT CONSERVATION ORGANIZA-
 TION OR PUBLIC BODY;
   (B) A COMMITMENT THAT NO CREMATORY OR COLUMBARIUM SHALL BE CONSTRUCTED
 ON THE MEMORIAL LANDS FACILITY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04711-03-3

co-Sponsors

2023-A7104B (ACTIVE) - Details

See Senate Version of this Bill:
S3024
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Add §1506-f, N-PC L
Versions Introduced in 2021-2022 Legislative Session:
A7848, S6842

2023-A7104B (ACTIVE) - Summary

Provides a permit for a memorial lands facility.

2023-A7104B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7104--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced  by M. of A. REYES, LUNSFORD, GUNTHER, DICKENS, RIVERA, FALL,
   BURDICK, FAHY, LUPARDO, SEAWRIGHT, TAYLOR, SIMON,  JACOBSON,  JACKSON,
   HEVESI,  COOK  --  read  once  and referred to the Committee on Corpo-
   rations, Authorities and Commissions  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- recommitted to the Committee on Corporations,  Authorities  and
   Commissions  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
   authorizing memorial lands facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The not-for-profit corporation law is amended by  adding  a
 new section 1506-f to read as follows:
 § 1506-F. MEMORIAL LANDS FACILITY.
   (A)  ANY PERSON WHO OPERATES AN ENTITY ON LAND, THAT IS PRIMARILY USED
 ONLY FOR THE RESPECTFUL DISPOSITION OF  CREMATED  AND  NATURALLY  ORGAN-
 ICALLY REDUCED REMAINS SHALL HOLD A VALID MEMORIAL LANDS FACILITY PERMIT
 ISSUED AND APPROVED BY THE CEMETERY BOARD.
   (B)  TO  RECEIVE  A  MEMORIAL  LANDS FACILITY PERMIT THE OPERATOR OF A
 MEMORIAL LANDS FACILITY SHALL BE A NOT-FOR-PROFIT CORPORATION SUBJECT TO
 THE REGULATORY OVERSIGHT OF THE  CEMETERY  BOARD,  INCORPORATED  IN  THE
 STATE,  THAT  SHALL  FILE WITH THE DEPARTMENT AND ADHERE TO AN OPERATION
 PLAN FOR THE MAINTENANCE OF THE LAND AND THE DISPOSITION OF CREMATED AND
 NATURALLY ORGANICALLY REDUCED REMAINS. THE OPERATION PLAN SHALL  INCLUDE
 THE FOLLOWING:
   (1)  EVIDENCE  OF  A PERPETUAL CONSERVATION EASEMENT, AS DEFINED UNDER
 SECTION 49-0303 THE ENVIRONMENTAL CONSERVATION LAW, HELD BY  A  NOT-FOR-
 PROFIT  CONSERVATION  ORGANIZATION  OR PUBLIC BODY OR EVIDENCE THAT SUCH
 LANDS ARE CEMETERY LANDS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04711-05-4

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