Senate Bill S5429

2011-2012 Legislative Session

Provides that the state has jurisdiction over the regulation of all cemeteries; clarifies the definition of "cremation"

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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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2011-S5429 (ACTIVE) - Details

See Assembly Version of this Bill:
A7417
Current Committee:
Senate Rules
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §§1501 & 1502, N-PC L

2011-S5429 (ACTIVE) - Summary

Provides that the state has jurisdiction over the regulation of all cemeteries; clarifies the definition of "cremation".

2011-S5429 (ACTIVE) - Sponsor Memo

2011-S5429 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5429

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 20, 2011
                               ___________

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 regu-
  lation 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.  Paragraph (h) of section 1502 of the not-for-profit corporation
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[,] OR ANY CHEMICAL PROCESSES that reduces human remains  to  ashes
[and] AND/OR other residue.  "Cremation" shall ALSO include the process-
ing, and may include the pulverization, of such ashes and other residue.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10986-03-1
              

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