What's happening
This bill gives New York State sole regulatory authority over cemeteries, affirming state jurisdiction and removing the word "public."
Why it matters
Centralizes cemetery regulation under state authority. , meaning local governments and other entities would lose any overlapping or residual regulatory power they may have had—streamlining oversight and potentially creating more uniform rules statewide.
Affirms the unique, non-profit status of cemeteries. , reinforcing that their operation serves a public and community function, which could affect future legal interpretations around ownership, management, and public benefit.
Removes the word "public" from existing law. , which may expand the scope of regulation to include all cemeteries (not just those previously classified as "public") and could impact private or religious burial grounds that were previously exempt or ambiguously regulated.
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Who cares
Headline styles
State Controls Cemetery Regulation
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Enacting clause stricken
- Referred to corporations, authorities and commissions
- 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.
State Controls Cemetery Oversight
In Assembly Committee · Corporations, Authorities And Commissions · Sponsor Michael H. Ranzenhofer
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3785
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
Introduced by M. of A. DINOWITZ -- read once and referred to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the not-for-profit corporation law, in relation to the regulation of cemetery corporations
The People of the State of New York, represented in Senate and Assembly, 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: § 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 article 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06138-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.