Provides that the state has jurisdiction over the regulation of all cemeteries; clarifies the definition of "cremation".
TITLE OF BILL: An act to amend the not-for-profit corporation law, in relation to regulation of cemetery corporations
PURPOSE OR GENERAL IDEA OF BILL: 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. It also clarifies the definition of cremation to account for technological advances in such processes.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends Section 1501 of the Not-for-Profit Corporation Law to clarify that cemetery corporations are under sole jurisdiction of the State Cemetery Board.
Section 2 of 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.
JUSTIFICATION: 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 no clear authority to provide sole jurisdiction of such regulation to the State Cemetery Board.
Subdivision (h) of Section 1502 of Article 15 of the Not-for-Profit Corporation Law defines cremation based only on previously existing technology.
There have been unnecessary conflicts relating to the regulation of cemetery corporations in New York. 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.
Additionally, there have been several technological advances in the process of cremation. 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.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5429 2011-2012 Regular Sessions IN SENATE 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