Bill Text: NY S04215 | 2017-2018 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [S04215 Detail]

Download: New_York-2017-S04215-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4215
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 6, 2017
                                       ___________
        Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
          printed to be committed 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;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04779-01-7
        S. 4215                             2
     1    (b) a description of the process of purchasing and re-selling a burial
     2  lot, plot or part thereof;
     3    (c) a description of the nature of the right to interment;
     4    (d)  a description of inheritance rights of a burial lot, plot or part
     5  thereof;
     6    (e) a listing of reasons that interment may be denied;
     7    (f) options regarding how remains may be disposed;
     8    (g) a description of the requirements in regards to the use  of  outer
     9  enclosures;
    10    (h) a description of cemetery trust funds;
    11    (i) a listing and description of cemetery fees and services; and
    12    (j) any other information deemed necessary.
    13    (3)  The state cemetery board may, from time to time, update and amend
    14  the New York state cemetery disclosure form as it  deems  necessary  and
    15  proper and may adopt rules and regulations for the proper administration
    16  of this section.
    17    § 2. This act shall take effect on the one hundred eightieth day after
    18  it shall have become a law.  Effective immediately, the addition, amend-
    19  ment and/or repeal of any rule or regulation necessary for the implemen-
    20  tation  of  this  act on its effective date is authorized to be made and
    21  completed on or before such date.