What's happening
This bill expands the legal definition of cremation to include any process authorized by the cemetery board, not just heat and flame.
Why it matters
Broader Definition Could Enable New Technologies. By allowing any process approved by the cemetery board (not just heat and flame), the law opens the door to alternative cremation methods—such as alkaline hydrolysis (“water cremation”) or other emerging technologies—which may be more environmentally friendly or efficient.
Regulatory Flexibility. The cemetery board is given the authority to approve or reject new cremation processes through regulation, allowing for quicker adaptation to scientific advancements without needing further legislative changes.
Potential Environmental and Ethical Impact. Expanding the definition could encourage greener options for body disposition, which may appeal to environmentally conscious individuals or those seeking alternatives to traditional cremation or burial for religious or personal reasons.
Possible Effects on Funeral Industry and Consumers. This change could affect funeral home offerings, pricing, and consumer choice, as new methods might alter costs, availability, and cultural acceptance of different cremation types.
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Who cares
Headline styles
Broaden Cremation Definition
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
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
2269
2019-2020 Regular Sessions
IN SENATE
January 23, 2019
Introduced by Sens. COMRIE, 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.
LBD00838-01-9
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 or general idea of bill
This bill would amend the definition of cremation to account for any technological advances in the process of cremation that the cemetery board may authorize and deem to be in the public interest.
Summary of specific provisions
This bill amends subdivision (h) of Section 1502 of the Not-for-Profit Corporation Law by amending the definition of cremation to include any technical process to reduce human remains to cremains that the state cemetery board deems to be in the public interest and authorizes pursu- ant to regulations promulgated by the cemetery board.
Justification
There have been numerous technological advances in the process of crema- tion in recent years. However, the definition of cremation under current law does not contemplate any current or future technologies that might be utilized beyond the traditional process of using heat and flame.
Including language in the law to allow for the use of new cremation processes which the cemetery board authorizes and deems to be within the public interest will ensure that such processes and technologies are utilized under proper state oversight.
Prior legislative history
A.10006 of 2018, referred to corporations, authorities and commissions.
Same as S.4278, referred to corporations, authorities and commissions.
A.3740 of 2017, referred to corporations, authorities and commissions.
Same as S.4278, referred to corporations, authorities and commissions. A.1221 of 2015 and 2016, referred to corporations, authorities and commissions.
Same as S.3294, referred to corporations, authorities and commissions. A. 6420A of 2013 and 2014, referred to corporations, authorities and commissions.
Same as S.4321A, referred to corporations, authorities and commissions.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.