Skip to content
S5429Senate2011-2012 SessionSame asA7417

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

Sponsor Michael H. RanzenhoferSD-61Affects Economy
Status
In Senate Committee
Rules
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Rules

What's happening

Writing a plain-English summary… Track this bill to get it by email.

Why it matters

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Sponsors

Primary sponsor
Michael H. Ranzenhofer

Senator · Senate District 61

Chair, Corporations, Authorities And Commissions

No co-sponsors yet.

History

  1. Committed to rules
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.375
  5. Referred to corporations, authorities and commissions
  6. Committed to rules
  7. Advanced to third reading
  8. 2nd report cal.
  9. 1st report cal.1016
  10. Referred to corporations, authorities and commissions

Companion bill

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.