Bill Text: NY S04284 | 2019-2020 | General Assembly | Amended


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) 2019-05-20 - 1ST REPORT CAL.779 [S04284 Detail]

Download: New_York-2019-S04284-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4284--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                      March 6, 2019
                                       ___________

        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed 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
          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 and
     5  produced  by  the state cemetery board and shall be conspicuously posted
     6  by any cemetery corporation as such term is defined in  section  fifteen
     7  hundred  two  of  this  article in each of its offices if any. A copy of
     8  such form shall be provided by the cemetery corporation  to  any  person
     9  arranging  for  an interment or purchasing interment rights or any other
    10  goods or services offered by the cemetery.  Additionally, the  New  York
    11  state  cemetery  disclosure  form shall be posted on the web site of the
    12  department of state's division of cemeteries.
    13    (2) The New York state cemetery disclosure form shall be in  the  form
    14  and  manner  as  prescribed  by  the  state  cemetery board, include the
    15  contact information of the New York  department  of  state  division  of
    16  cemeteries, and include, but not be limited to, the following:
    17    (A)  a  description  of  and information about the regulation of ceme-
    18  teries in New York, the New York department of state division  of  ceme-
    19  teries and the state cemetery board, and a description of those types of
    20  cemeteries that are not regulated by the state cemetery board;
    21    (B) a description of the process of purchasing and re-selling a burial
    22  lot, plot or part thereof;
    23    (C) a description of the right to interment;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04794-02-9

        S. 4284--A                          2

     1    (D)  a description of inheritance rights of a burial lot, plot or part
     2  thereof;
     3    (E) a listing of reasons that interment may be denied;
     4    (F) options regarding how remains may be disposed;
     5    (G)  a  description of the requirements in regards to the use of outer
     6  enclosures;
     7    (H) a description of cemetery fees and services; and
     8    (I) any other information deemed necessary.
     9    (3) The state cemetery board may, from time to time, update and  amend
    10  the New York state cemetery disclosure form as it deems necessary.
    11    § 2. This act shall take effect on the one hundred eightieth day after
    12  it shall have become a law.  Effective immediately, the addition, amend-
    13  ment and/or repeal of any rule or regulation necessary for the implemen-
    14  tation  of  this act on its effective date are authorized to be made and
    15  completed on or before such date.
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