Bill Text: NY A07417 | 2011-2012 | General Assembly | Amended

New York Assembly Bill 7417 (Prior Session Legislation)

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

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2012-01-04 - referred to corporations, authorities and commissions [A07417 Detail]

Download: New_York-2011-A07417-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7417--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 4, 2011
                                      ___________
       Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
         tee  on  Corporations,  Authorities  and  Commissions   --   committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN ACT to amend the not-for-profit corporation law, in relation to regu-
         lation of cemetery corporations
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 1501 of  the  not-for-profit  corporation  law,  as
    2  added by chapter 871 of the laws of 1977, is amended to read as follows:
    3  S 1501. Declaration of policy.
    4    The  people  of this state have a vital interest in the establishment,
    5  maintenance and preservation of [public] burial grounds and  the  proper
    6  operation of the corporations which own and manage the same.  This arti-
    7  cle  is  determined  an  exercise  of the police powers of this state to
    8  protect the well-being of our citizens, to promote  the  public  welfare
    9  and  to  prevent cemeteries from falling into disrepair and dilapidation
   10  and becoming a burden upon the community,  and  in  furtherance  of  the
   11  public  policy  of  this  state  that cemeteries shall be conducted on a
   12  non-profit basis for the mutual benefit of  plot  owners  therein.  THIS
   13  VITAL  INTEREST  SHALL BE PROTECTED AND THE UNIQUENESS OF THESE ENTITIES
   14  SHALL BE AFFIRMED BY PROVIDING THE STATE  WITH  THE  RESPONSIBILITY  FOR
   15  SOLE  JURISDICTION  OF THE REGULATION OF CEMETERIES AS SET FORTH IN THIS
   16  ARTICLE.
   17    S 2. Paragraph (h) of section 1502 of the  not-for-profit  corporation
   18  law,  as added by chapter 579 of the laws of 2006, is amended to read as
   19  follows:
   20    (h) The term "cremation" means the technical process, using  heat  and
   21  flame[,]  OR  ANY CHEMICAL PROCESSES that reduces human remains to ashes
   22  [and] AND/OR other residue.  "Cremation" shall ALSO include the process-
   23  ing, and may include the pulverization, of such ashes and other residue.
   24    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10986-02-1