Relates to the definition of the term "cremation".
TITLE OF BILL: An act to amend the not-for-profit corporation law, in relation to the definition of cremation
PURPOSE: This bill would clarify the definition of cremation to account for any technological advances in such processes and to ensure that they are conducted in a state regulated facility with statutory and regulatory consumer protections.
SUMMARY OF PROVISIONS: This bill amends subdivision (h) of Section 1502 of Article 15 of the Not-for-Profit Corporation Law to amend the definition of cremation to ensure that all cremation processes are conducted in a state regulated facility.
EXISTING LAW: Subdivision (h) of Section 1502 of Article 15 of the Not-for-Profit Corporation Law defines cremation based only on previously existing technology.
JUSTIFICATION: There have been numerous technological advances in the process of cremation. However, the definition of cremation as it currently exists does not address any current or future technologies to ensure they are conducted with proper state oversight. This legislation would allow the state to remain the leader in consumer protections and cremation regulations by ensuring that this disposition of human remains is conducted in a state regulated facility with nationally recognized standards for consumer protection.
LEGISLATIVE HISTORY: 2013-14 - S.4321-A/A.6420 CORPORATIONS/Corporations
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3294 2015-2016 Regular Sessions IN SENATE February 4, 2015 ___________Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Author- ities and Commissions AN ACT to amend the not-for-profit corporation law, in relation to the definition of cremation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (h) of section 1502 of the not-for-profit corpo- ration law, as added by chapter 579 of the laws of 2006, is amended to read as follows: (h) The term "cremation" means the technical process
[,]using heat and flame [,]that reduces human remains to ashes and other residue OR ANY OTHER TECHNICAL PROCESS TO REDUCE HUMAN REMAINS TO CREMAINS THAT THE CEMETERY BOARD DEEMS IN THE PUBLIC INTEREST AND AUTHORIZES PURSUANT TO REGULATIONS PROMULGATED BY THE CEMETERY BOARD. "Cremation" shall include the processing, and may include the pulverization, of such ashes and other residue. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02457-01-5