Assembly Bill A3689

2023-2024 Legislative Session

Clarifies the regulation of cemetery corporations

download bill text pdf

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Current Bill Status - Stricken

  • 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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2023-A3689 (ACTIVE) - Details

Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1501, N-PC L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6382
2015-2016: A2727
2017-2018: A3785, A10000
2019-2020: A613
2021-2022: A257

2023-A3689 (ACTIVE) - Summary

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

2023-A3689 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3689
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred 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 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.
                                                            LBD02075-01-3

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