Clarifies that state regulated cemetery operations are under the sole jurisdiction of the state cemetery board.
Ayes (62): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (1): Squadron
TITLE OF BILL: An act to amend the not-for-profit corporation law, in relation to the regulation of cemetery corporations
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.
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.
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.
This act shall take effect immediately.
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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09964-01-3