NY State Senate Bill 2019-S3824

Senate Bill S3824

2019-2020 Legislative Session

Clarifies that state regulated cemetery operations are under the sole jurisdiction of the state cemetery board

download bill text pdf

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to corporations, authorities and commissions
Feb 15, 2019	referred to corporations, authorities and commissions

2019-S3824 (ACTIVE) - Details

See Assembly Version of this Bill:: A613
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Not-for-Profit Corporation Law
Laws Affected:: Amd §1501, N-PC L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4320, A6382
2015-2016: S2583, A2727
2017-2018: S2894, A3785, A10000
2021-2022: A257
2023-2024: A3689

2019-S3824 (ACTIVE) - Summary

Clarifies that state regulated cemetery operations are under the sole jurisdiction of the state cemetery board.

2019-S3824 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3824

SPONSOR: RANZENHOFER
 
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 .

2019-S3824 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3824
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2019
                                ___________
 
 Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
   when printed to be committed to the Committee on Corporations, Author-
   ities 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 ASSEM-
 BLY, 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 arti-
 cle  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

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