NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3689
SPONSOR: Zebrowski TITLE OF BILL:
An act to amend the not-for-profit corporation law, in relation to the
regulation of cemetery corporations
PURPOSE OR GENERAL IDEA OF BILL:
This bill would clarify that regulation of cemetery operations falls
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 SPECIFIC PROVISIONS:
This bill amends section 1501 of the Not-for-Profit Corporation Law to
clarify that cemetery corporations are under the sole jurisdiction of
the State Cemetery Board.
JUSTIFICATION:
While the Not-for-Profit Corporation Law affirms the authority and
police powers of the State in regulating cemeteries, there is currently
no defined, clear authority in the law providing sole jurisdiction of
such regulation to the State Cemetery Board. There have been unnecessary
conflicts relating to the regulation of cemetery corporations in New
York. This legislation would clarify that regulation of cemetery corpo-
rations is within the purview of the Division of Cemeteries and the
State Cemetery Board, which is composed of the Secretary of State,
Attorney General and Commissioner of Health, or their designees.
LEGISLATIVE HISTORY:
A.257 of 2021 and 2022, referred to corporations, authorities and
commissions.
A.613 of 2019 and 2020, referred to corporations, authorities and
Commissions / same as S.3824 of 2019 and 2020, referred to corporations,
authorities, and commissions.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
3689
2023-2024 Regular Sessions
IN ASSEMBLY
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:
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 § 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 § 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
