Bill Text: NY A03429 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires cemetery corporations to post and provide customers with the New York state cemetery disclosure form.

Spectrum: Slight Partisan Bill (Democrat 12-5)

Status: (Passed) 2020-12-15 - APPROVAL MEMO.42 [A03429 Detail]

Download: New_York-2019-A03429-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3429
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        Introduced  by M. of A. DILAN -- 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
          creating a cemetery disclosure form
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 1510  of  the  not-for-profit  corporation  law  is
     2  amended by adding a new paragraph (o) to read as follows:
     3    (o) Posting and distribution of the New York state cemetery disclosure
     4  form.  (1) A New York state cemetery disclosure form shall be created by
     5  the state cemetery board and shall be conspicuously posted by a cemetery
     6  corporation in each of its  offices.  A  copy  of  such  form  shall  be
     7  provided  by  the  cemetery  corporation  to any person interested in or
     8  seeking information about  arranging  for  an  interment  or  purchasing
     9  interment  rights or any other goods or services offered by the cemetery
    10  prior to any in-person or face-to-face discussion or conversations  with
    11  the   cemetery  corporation  about  such  interment,  rights,  goods  or
    12  services. Additionally, the New  York  state  cemetery  disclosure  form
    13  shall be posted on the web site of the department of state's division of
    14  cemeteries  and  shall be made available in paper format to a requesting
    15  person.
    16    (2) The New York state cemetery disclosure form shall be in  the  form
    17  and  manner  as  prescribed  by  the  state  cemetery board, include the
    18  contact information of the New York  department  of  state  division  of
    19  cemeteries, and include, but not be limited to, the following:
    20    (A)  a  description  of  and information about the regulation of ceme-
    21  teries in New York, the New York department of state division  of  ceme-
    22  teries and the state cemetery board, and a description of those types of
    23  cemeteries that are not regulated by the state cemetery board;
    24    (B) a description of the process of purchasing and re-selling a burial
    25  lot, plot or part thereof;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04794-01-9
        A. 3429                             2
     1    (C) a description of the nature of the right to interment;
     2    (D)  a description of inheritance rights of a burial lot, plot or part
     3  thereof;
     4    (E) a listing of reasons that interment may be denied;
     5    (F) options regarding how remains may be disposed;
     6    (G) a description of the requirements in regards to the use  of  outer
     7  enclosures;
     8    (H) a description of cemetery trust funds;
     9    (I) a listing and description of cemetery fees and services; and
    10    (J) any other information deemed necessary.
    11    (3)  The state cemetery board may, from time to time, update and amend
    12  the New York state cemetery disclosure form as it  deems  necessary  and
    13  proper and may adopt rules and regulations for the proper administration
    14  of this section.
    15    § 2. This act shall take effect on the one hundred eightieth day after
    16  it shall have become a law.  Effective immediately, the addition, amend-
    17  ment and/or repeal of any rule or regulation necessary for the implemen-
    18  tation  of  this act on its effective date are authorized to be made and
    19  completed on or before such date.