Senate Bill S1616A

2023-2024 Legislative Session

Relates to certain duties and responsibilities of cemetery corporations

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Current Bill Status - In Senate Committee Finance 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

2023-S1616 - Details

See Assembly Version of this Bill:
A4790
Current Committee:
Senate Finance
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §§1504 & 1507, N-PC L
Versions Introduced in 2021-2022 Legislative Session:
S9517, A10644

2023-S1616 - Summary

Relates to certain duties and responsibilities of cemetery corporations; provides for the filing of consumer complaints.

2023-S1616 - Sponsor Memo

2023-S1616 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1616
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00846-02-3
 S. 1616                             2
              

2023-S1616A (ACTIVE) - Details

See Assembly Version of this Bill:
A4790
Current Committee:
Senate Finance
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §§1504 & 1507, N-PC L
Versions Introduced in 2021-2022 Legislative Session:
S9517, A10644

2023-S1616A (ACTIVE) - Summary

Relates to certain duties and responsibilities of cemetery corporations; provides for the filing of consumer complaints.

2023-S1616A (ACTIVE) - Sponsor Memo

2023-S1616A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1616--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed 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.
                                                            LBD00846-04-3
              

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