What's happening
This bill gives New York State sole regulatory authority over cemetery corporations, affirming their unique status and state oversight.
Why it matters
Centralizes oversight by making New York State the exclusive regulator of cemetery corporations. , which could prevent conflicting or overlapping local or municipal regulations and provide more consistent statewide standards.
Affirms the “unique” status of cemetery corporations. , potentially giving them special consideration in legal and regulatory matters, and could impact how these organizations are treated compared to other not-for-profits or businesses.
Limits local government power over cemeteries. , which may affect community involvement or responsiveness to local concerns, while streamlining the regulatory process for cemetery operators and owners.
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Who cares
Headline styles
State Controls Cemetery Oversight
Plain English, a few words. Used as the page title.
Sponsors
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.
State Controls Cemetery Regulation
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
3824
2019-2020 Regular Sessions
IN SENATE
February 15, 2019
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 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.
LBD00823-01-9
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 regulation of cemetery corporations
Purpose
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.
Summary of provisions
This 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.
Existing law
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 currently no defined and clear author- ity to provide sole jurisdiction of such regulation to the state ceme- tery board.
Justification
There have been unnecessary conflicts relating to the regulation of cemetery corporations in New York while the Legislature has enacted numerous statutes granting wide authority to the state in these matters. 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 Secre- tary of State, Attorney General and Commissioner of Health or their designees.
Legislative history
2013-14-S .4320/A .6382-PAS SEDSENATE/Corporations 2015-16-S .2583/A.2727--PASSEDSENATE/Corporations 201718 - S.2894/A.10000 - PASSED SENATE/Corporations
Fiscal implications
None.
Effective date
\his 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.