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Sponsors
Senator · Senate District 61
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.375
- Referred to corporations, authorities and commissions
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1016
- Referred to corporations, authorities and commissions
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides that the state has jurisdiction over the regulation of all cemeteries; clarifies the definition of "cremation"
In Assembly Committee · Corporations, Authorities And Commissions · Sponsor James F. Brennan
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.