What's happening
This bill expands the legal definition of cremation to include new methods approved by the cemetery board, not just heat and flame.
Why it matters
Allows for new cremation technologies. By empowering the cemetery board to approve additional methods beyond traditional heat and flame, the bill could make it possible for innovative, potentially more environmentally friendly or efficient cremation processes (like alkaline hydrolysis or other emerging techniques) to become legally available in New York.
Places regulatory oversight with the cemetery board. The board’s authority to determine which new methods are “in the public interest” adds a layer of state oversight, which could help ensure that any new technologies meet safety, ethical, and environmental standards before they are used.
Could increase consumer choice and flexibility. Expanding the definition of cremation may give families more options in how remains are handled, possibly catering to different cultural, religious, or personal preferences that aren’t well-served by current law.
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Who cares
Headline styles
Expand Cremation Methods
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 61
No co-sponsors yet.
History
- 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.
Expand Cremation Definition
In Assembly Committee · Corporations, Authorities And Commissions · Sponsor Amy Paulin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4278
2017-2018 Regular Sessions
IN SENATE
February 8, 2017
Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the not-for-profit corporation law, in relation to the definition of cremation
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 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[,] that reduces human remains to ashes and other residue or any other technical process to reduce human remains to cremains that the cemetery board deems in the public interest and authorizes pursuant to regulations promulgated by the cemetery board. "Cremation" shall include the processing, and may include the pulverization, of such ashes and other residue.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07528-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the not-for-profit corporation law, in relation to the definition of cremation
Purpose
This bill would clarify the definition of cremation to account for any technological advances in such processes and to ensure that they are conducted in a state regulated facility with statutory and regulatory consumer protections.
Summary of provisions
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.
Existing law
Subdivision (h) of Section 1502 of Article 15 of the Not-for-Profit Corporation Law defines cremation based only on previously existing technology.
Justification
There have been numerous technological advances in the process of cremation. However, the definition of cremation as it currently exists does not address any current or future technologies to ensure they are conducted with proper state oversight. 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 with nationally recognized standards for consumer protection.
Legislative history
2013-14 - S.4321-A/A.6420 - CORPORATIONS/Corporations 2015-16 - S.3294/A.1221 - CORPORATIONS/Corporations
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.