Bill Text: NY A04790 | 2023-2024 | General Assembly | Amended
Bill Title: Relates to certain duties and responsibilities of cemetery corporations; provides for the filing of consumer complaints.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to ways and means [A04790 Detail]
Download: New_York-2023-A04790-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4790--A 2023-2024 Regular Sessions IN ASSEMBLY February 23, 2023 ___________ Introduced by M. of A. HEVESI -- read once and referred to the Committee 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 certain duties and responsibilities of cemetery corporations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (c) of section 1504 of the not-for-profit corpo- 2 ration law, as added by chapter 871 of the laws of 1977, subparagraph 3 2-a as amended and subparagraph 2-b as added by chapter 565 of the laws 4 of 1980, subparagraph 4 as added by chapter 557 of the laws of 1985, and 5 subparagraph 5 as renumbered by chapter 557 of the laws of 1985, is 6 amended and a new paragraph (e) is added to read as follows: 7 (c) Powers and duties of the cemetery board. With respect to any 8 cemetery or cemetery corporation, the cemetery board shall have the 9 following duties and powers: (1) To adopt such reasonable rules and 10 regulations as the cemetery board shall deem necessary for the proper 11 administration of this article. (2) To order any cemetery corporation 12 to do such acts as may be necessary to comply with the provisions of 13 this article or any rule or regulation adopted by the cemetery board or 14 to refrain from doing any act in violation thereof. (2-a) To adopt 15 reasonable rules and regulations to exempt those cemetery corporations 16 from the provisions of paragraph (h) of section fifteen hundred ten of 17 this [chapter] article which because of a limited number of paid employ- 18 ees or appropriate resources are unable to carry out such provisions. 19 (2-b) To adopt reasonable rules and regulations to extend the time peri- 20 od mandated by the provisions of paragraph (h) of section fifteen 21 hundred ten of this [chapter] article when necessary because compliance 22 by a cemetery corporation within such time period is impossible. (3) To 23 enforce its orders by mandamus or injunction in a summary proceeding or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00846-03-3A. 4790--A 2 1 otherwise. In connection with such action or proceeding, the attorney 2 general is authorized to take proof, issue subpoenas and administer 3 oaths in the manner provided in the civil practice law and rules. (4) To 4 impose a civil penalty upon a cemetery corporation not exceeding one 5 thousand dollars, after conducting an adjudicatory hearing pursuant to 6 the provisions of paragraph (e) of this section, and consistent with the 7 provisions of the state administrative procedure act, for a violation of 8 or a failure to comply with any provisions contained in this article or 9 any regulation, directive or order of the board, and without the need to 10 maintain a civil action pursuant to [subdivision] subparagraph five of 11 this paragraph. (5) To maintain a civil action in the name of the people 12 of the state to recover a judgment for a money penalty imposed under the 13 provisions of this article. 14 (e) Complaint process. Upon receipt of a consumer complaint form, the 15 division of cemeteries shall forward such complaint to the cemetery 16 corporation involved and contact the consumer no later than the close of 17 business on the day following the date on which the complaint was 18 received. The cemetery corporation shall respond to the division of 19 cemeteries within ten business days after receipt of such consumer 20 complaint. If the initial complaint is not resolved by the cemetery 21 corporation, the consumer may request that the complaint be escalated to 22 the cemetery board for investigation and resolution thereof. When a 23 complaint is escalated, the board may take any action it deems neces- 24 sary, consistent with the powers and duties of the cemetery board pursu- 25 ant to paragraph (c) of this section. Upon completion of its investi- 26 gation, the board shall send a written resolution to the consumer. 27 § 2. Subparagraph 1 of paragraph (e-1) of section 1507 of the not-for- 28 profit corporation law, as added by chapter 608 of the laws of 1985, is 29 amended to read as follows: 30 (1) [A] Any cemetery corporation may, and all cemetery corporations 31 partially or wholly located in a city with a population of one million 32 or more shall, subject to the approval of the cemetery board, establish 33 and maintain a monument maintenance fund. Such a fund is hereby declared 34 to be and shall be held by the cemetery corporation as a trust fund, for 35 the purpose of providing notice if such monuments are damaged or defaced 36 by an act of vandalism and for the restoration of such monuments. Two or 37 more cemetery corporations may establish a joint monument maintenance 38 fund. 39 § 3. This act shall take effect on the thirtieth day after it shall 40 have become a law.
