Bill S4320-2013

Clarifies that state regulated cemetery operations are under the sole jurisdiction of the state cemetery board

Clarifies that state regulated cemetery operations are under the sole jurisdiction of the state cemetery board.

Details

Actions

  • Mar 3, 2014: ADVANCED TO THIRD READING
  • Feb 27, 2014: 2ND REPORT CAL.
  • Feb 26, 2014: 1ST REPORT CAL.178
  • Jan 8, 2014: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 11, 2013: referred to corporations, authorities and commissions
  • Jun 11, 2013: DELIVERED TO ASSEMBLY
  • Jun 11, 2013: PASSED SENATE
  • Jun 10, 2013: ADVANCED TO THIRD READING
  • Jun 5, 2013: 2ND REPORT CAL.
  • Jun 4, 2013: 1ST REPORT CAL.1106
  • Mar 21, 2013: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Votes

VOTE: COMMITTEE VOTE: - Corporations, Authorities and Commissions - Jun 4, 2013
Ayes (6): Ranzenhofer, Flanagan, Larkin, Martins, Perkins, Squadron
VOTE: COMMITTEE VOTE: - Corporations, Authorities and Commissions - Feb 26, 2014
Ayes (6): Ranzenhofer, Flanagan, Larkin, Martins, Perkins, Squadron

Memo

BILL NUMBER:S4320

TITLE OF BILL: An act to amend the not-for-profit corporation law, in relation to the regulation of cemetery corporations

PURPOSE:

This bill would clarify that state regulated cemetery operations are under the sole jurisdiction of the state cemetery board which is composed of the Secretary of State, Attorney General and Commissioner of Health or their designees.

SUMMARY OF PROVISIONS:

This bill amends Section 1501 of the Not-for-Profit Corporation Law to clarify that cemetery corporations axe under sole jurisdiction of the State Cemetery Board.

EXISTING LAW:

While Section 1501 of the Not-for-Profit Corporation Law and recent court cases have affirmed the authority and police powers of the state in regulating cemeteries there is currently no defined and clear authority to provide sole jurisdiction of such regulation to the state cemetery board.

JUSTIFICATION:

There have been unnecessary conflicts relating to the regulation of cemetery corporations in New York while the Legislature has enacted numerous statutes granting wide authority to the state in these matters. This legislation would clarify that the jurisdiction of the regulation of cemetery corporations is currently the purview of the Division of Cemeteries and the State Cemetery Board which is composed of the Secretary of State, Attorney General and Commissioner of Health or their designees.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4320 2013-2014 Regular Sessions IN SENATE March 21, 2013 ___________
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 regulation of cemetery corporations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1501 of the not-for-profit corporation law, as added by chapter 871 of the laws of 1977, is amended to read as follows: S 1501. Declaration of policy. The people of this state have a vital interest in the establishment, maintenance and preservation of [public] burial grounds and the proper operation of the corporations which own and manage the same. This arti- cle is determined an exercise of the police powers of this state to protect the well-being of our citizens, to promote the public welfare and to prevent cemeteries from falling into disrepair and dilapidation and becoming a burden upon the community, and in furtherance of the public policy of this state that cemeteries shall be conducted on a non-profit basis for the mutual benefit of plot owners therein. THIS VITAL INTEREST SHALL BE PROTECTED AND THE UNIQUENESS OF THESE ENTITIES SHALL BE AFFIRMED BY PROVIDING THE STATE WITH THE RESPONSIBILITY FOR SOLE JURISDICTION OF THE REGULATION OF CEMETERIES AS SET FORTH IN THIS ARTICLE. S 2. This act shall take effect immediately.

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