S5429-2011 - NY Senate Open Legislation - Provides that the state has jurisdiction over the regulation of all cemeteries; clarifies the definition of "cremation"

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

Sponsor: RANZENHOFER / Committee: RULES
Law Section: Not-for-Profit Corporation Law / Law: Amd SS1501 & 1502, N-PC L

S5429-2011 Actions

Jun 21, 2012: COMMITTED TO RULES
Mar 21, 2012: ADVANCED TO THIRD READING
Mar 20, 2012: 2ND REPORT CAL.
Mar 19, 2012: 1ST REPORT CAL.375
Jan 4, 2012: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
Jun 24, 2011: COMMITTED TO RULES
Jun 13, 2011: ADVANCED TO THIRD READING
Jun 7, 2011: 2ND REPORT CAL.
Jun 6, 2011: 1ST REPORT CAL.1016
May 20, 2011: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

S5429-2011 Meetings

Corporations, Authorities and Commissions: Mar 19, 2012, Corporations, Authorities and Commissions: Jun 6, 2011

S5429-2011 Calendars

S5429-2011 Votes

VOTE: COMMITTEE VOTE: - Corporations, Authorities and Commissions - Jun 6, 2011

Ayes (6): Ranzenhofer, Flanagan, Larkin, Martins, Perkins, Squadron

VOTE: COMMITTEE VOTE: - Corporations, Authorities and Commissions - Mar 19, 2012

Ayes (6): Ranzenhofer, Flanagan, Larkin, Martins, Perkins, Squadron

S5429-2011 Memo

BILL NUMBER:S5429

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.

EFFECTIVE DATE:


This act shall take effect immediately.

S5429-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          5429
 2011-2012 Regular Sessions
 I N  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

S5429-2011: Provides that the state has jurisdiction over the regulation of all cemeteries; clarifies the definition of "cremation"