senate Bill S4399

2011-2012 Legislative Session

Requires cemetery corporations to provide customers with a bill of rights

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to corporations, authorities and commissions
Apr 04, 2011 referred to corporations, authorities and commissions

S4399 - Details

See Assembly Version of this Bill:
A4219
Current Committee:
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd ยง1510, N-PC L
Versions Introduced in 2009-2010 Legislative Session:
S3808, A7036

S4399 - Summary

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

S4399 - Sponsor Memo

S4399 - Bill Text download pdf

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

                                  4399

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 4, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- 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 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.
                                                           LBD04097-01-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.