senate Bill S3561

2009-2010 Legislative Session

Requires cemetery corporations to provide customers with a bill of rights

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to corporations, authorities and commissions
Mar 24, 2009 referred to corporations, authorities and commissions

S3561 (ACTIVE) - Details

See Assembly Version of this Bill:
A7036
Current Committee:
Senate Corporations, Authorities And Commissions
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd ยง1510, N-PC L
Versions Introduced in Other Legislative Sessions:
2011-2012: S4399, A4219
2013-2014: A3538
2015-2016: A7759
2017-2018: A2901
2019-2020: A3429

S3561 (ACTIVE) - Summary

Requires cemetery corporations to provide customers with a bill of rights.

S3561 (ACTIVE) - Sponsor Memo

S3561 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3561

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 24, 2009
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Corporations, Author-
  ities and Commissions

AN ACT to amend the not-for-profit corporation law,  in  relation  to  a
  cemetery customer's bill of rights

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1510  of  the  not-for-profit  corporation  law  is
amended by adding a new paragraph (n) to read as follows:
  (N)  POSTING  AND  DISTRIBUTION  OF  THE  CEMETERY  CUSTOMER'S BILL OF
RIGHTS. (1) THE CEMETERY CUSTOMER'S BILL OF RIGHTS SHALL BE CONSPICUOUS-
LY POSTED BY THE CORPORATION IN EACH OF ITS OFFICES.  A  COPY  SHALL  BE
PROVIDED  TO EACH PERSON AT THE BEGINNING OF ANY FACE-TO-FACE DISCUSSION
ABOUT ARRANGING FOR AN INTERMENT OR PURCHASING INTERMENT RIGHTS  OR  ANY
OTHER  GOODS  OR SERVICES OFFERED BY THE CEMETERY.  ADDITIONALLY, A COPY
OF SUCH BILL OF RIGHTS SHALL BE GIVEN TO ANY PERSON UPON REQUEST.
  (2) THE CEMETERY CUSTOMER'S BILL OF RIGHTS SHALL BE ESSENTIALLY IN THE
FOLLOWING FORM.
                    CEMETERY CUSTOMER'S BILL OF RIGHTS
  ALL NEW YORK  CEMETERIES  ARE  NOT-FOR-PROFIT.  THIS  CEMETERY  (NAME,
ADDRESS,  TELEPHONE  NUMBER)  IS  REGULATED BY THE NYS DIVISION OF CEME-
TERIES. THE NEAREST OFFICE IS LOCATED AT:  (ADDRESS,  TELEPHONE  NUMBER,
E-MAIL ADDRESS).
  WHEN YOU BUY CEMETERY PROPERTY, YOU ARE BUYING THE RIGHT TO INTERMENT,
NOT  AN  ACTUAL  PIECE OF LAND. WHEN YOU SELL CEMETERY PROPERTY, IT MUST
FIRST BE OFFERED BACK TO THE CEMETERY. THE MINIMUM  PRICE  THE  CEMETERY
MUST  PAY TO BUY BACK THE PROPERTY IS SET BY LAW. YOU CAN ALSO GIFT YOUR
RIGHT TO INTERMENT IF YOU ARE THE LOT OWNER.
  YOU CAN BE DENIED THE RIGHT TO INTERMENT ONLY FOR NON-PAYMENT  OF  THE
TOTAL PURCHASE PRICE, NON-PAYMENT OF INTERMENT PRICE OR NON-PAYMENT OF A
TAX AUTHORIZED BY THE CEMETERY BOARD.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06542-02-9

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