Assembly Bill A3538B

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

                                  3538

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M. of A. WEISENBERG, COLTON, MILLMAN, ROBINSON, CYMBROW-
  ITZ, COOK, RAIA -- Multi-Sponsored by -- M.  of  A.  BARRON,  BRENNAN,
  HOOPER,  JAFFEE,  MAISEL,  MARKEY,  McKEVITT,  PERRY, RABBITT, RIVERA,
  TITONE -- read once and referred 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07573-01-3

              

A. 3538                             2

  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.
  THOUGH  NEW  YORK  LAW DOES REQUIRE THAT A CONTAINER OR WRAPPINGS USED
FOR CREMATION BE NON-METAL, IT DOES NOT REQUIRE EMBALMING FOR  INTERMENT
(BURIAL,  ENTOMBMENT  OR PLACEMENT OF CREMAINS IN A NICHE OR GRAVE). NEW
YORK LAW DOES NOT LIMIT THE NUMBER OF CREMATION URNS THAT CAN BE  PLACED
IN  A  GRAVE.  NEW YORK LAW ALSO DOES NOT REQUIRE ANY PARTICULAR TYPE OF
CASKET OR EXTERNAL WRAPPINGS FOR BURIAL  OR  PLACEMENT  IN  A  MAUSOLEUM
CRYPT. NOR DOES IT RESTRICT THE TYPE OF CONTAINER USED TO PLACE ASHES IN
A NICHE OR GRAVE.
  NEW  YORK  LAW  REQUIRES  THAT  RULES AND REGULATIONS OF A CEMETERY BE
REASONABLE AND THAT THEY HAVE WRITTEN CEMETERY BOARD APPROVAL. NEW  YORK
LAW  REQUIRES THAT A WRITTEN CONTRACT FOR THE SALE OR USE OF A LOT, PLOT
OR PART THEREOF SHALL HAVE ATTACHED THERETO AND MADE A  PART  THEREOF  A
COPY  OF  THE  RULES AND REGULATIONS OF THE CEMETERY CORPORATION OR SUCH
PARTS OF SUCH RULES AND REGULATIONS AS RELATE TO THE SIZE AND  PLACEMENT
OF MONUMENTS, RESTRICTIONS ON PLOT USAGE, WARRANTIES, OBLIGATIONS OF THE
CEMETERY  CORPORATION  AND  FINANCIAL  OBLIGATIONS AND DUTIES OF THE LOT
OWNER.
  YOU HAVE THE RIGHT:
  1. TO A COPY OF THE CURRENT LIST OF PRICES AND CHARGES OF THE CEMETERY
FOR A SMALL FEE.
  2. TO HAVE INCLUDED IN YOUR PURCHASE CONTRACT AND  DEED  ANY  CEMETERY
BOARD  APPROVED RESTRICTIONS ON THE TYPE OF CONTAINER USED FOR BURIAL OR
PLACEMENT OF ASHES IN A NICHE OR GRAVE.
  3. TO HAVE INCLUDED IN YOUR PURCHASE CONTRACT AND  DEED  ANY  CEMETERY
BOARD  APPROVED  REQUIREMENTS  FOR  MAUSOLEUM  CRYPT  ENTOMBMENT SUCH AS
EMBALMING, SPECIAL CASKETS OR IN-CRYPT BAGS OR TRAYS.
  4. TO HAVE INCLUDED IN YOUR PURCHASE CONTRACT AND  DEED  ANY  CEMETERY
BOARD  APPROVED  RESTRICTIONS ON THE TYPE OF MONUMENT OR MARKER THAT CAN
BE PLACED ON THE GRAVE, NICHE OR MAUSOLEUM CRYPT.
  5. TO BE NOTIFIED OF ANY RULES, RESTRICTIONS OR CHARGES THAT APPLY  TO
MARKERS OR MONUMENTS PURCHASED ELSEWHERE.
  6.  TO  FULLY UNDERSTAND WHAT "PERPETUAL CARE" MEANS INCLUDING WHETHER
IT IS REQUIRED OR OPTIONAL.
  7. YOU HAVE A RIGHT TO  HAVE  ALL  CONTRACTS  INCLUDING  PURCHASE  AND
PERPETUAL CARE CONTRACTS REVIEWED BY A LAWYER BEFORE SIGNING.
  8.  TO  CHOOSE  A  CONCRETE  LINER,  IF  AN  OUTER BURIAL CONTAINER IS
REQUIRED FOR BURIAL IN A GRAVE PURCHASED AFTER 1/1/85. THIS  REQUIREMENT
MUST BE WAIVED FOR RELIGIOUS REASONS.
  9. TO HAVE MONEY PAID FOR A GRAVE LINER PRE-NEED HELD IN TRUST.
  10.  TO BE NOTIFIED OF ANY RESTRICTIONS AND CHARGES RELATIVE TO PLANT-
INGS.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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

                                 3538--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M. of A. WEISENBERG, COLTON, MILLMAN, ROBINSON, CYMBROW-
  ITZ, COOK, RAIA, GIBSON, ROBERTS, MONTESANO -- Multi-Sponsored  by  --
  M.  of  A. BARRON, BRENNAN, HOOPER, JAFFEE, MAISEL, MARKEY, McDONOUGH,
  McKEVITT, PERRY, RABBITT, RIVERA, TITONE -- read once and referred  to
  the  Committee on Corporations, Authorities and Commissions -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

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 NEW YORK STATE CEMETERY DISCLOSURE
FORM. (1) A NEW YORK STATE CEMETERY DISCLOSURE FORM SHALL BE CREATED  BY
THE STATE CEMETERY BOARD AND SHALL BE CONSPICUOUSLY POSTED BY A CEMETERY
CORPORATION  IN  EACH  OF  ITS  OFFICES.  A  COPY  OF SUCH FORM SHALL BE
PROVIDED BY THE CEMETERY CORPORATION TO  ANY  PERSON  INTERESTED  IN  OR
SEEKING  INFORMATION  ABOUT  ARRANGING  FOR  AN  INTERMENT OR PURCHASING
INTERMENT RIGHTS OR ANY OTHER GOODS OR SERVICES OFFERED BY THE  CEMETERY
PRIOR  TO ANY IN-PERSON OR FACE-TO-FACE DISCUSSION OR CONVERSATIONS WITH
THE  CEMETERY  CORPORATION  ABOUT  SUCH  INTERMENT,  RIGHTS,  GOODS   OR
SERVICES.  ADDITIONALLY,  THE  NEW  YORK  STATE CEMETERY DISCLOSURE FORM
SHALL BE POSTED ON THE WEB SITE OF THE DEPARTMENT OF STATE'S DIVISION OF
CEMETERIES AND SHALL BE MADE AVAILABLE IN PAPER FORMAT TO  A  REQUESTING
PERSON.
  (2)  THE  NEW YORK STATE CEMETERY DISCLOSURE FORM SHALL BE IN THE FORM
AND MANNER AS PRESCRIBED  BY  THE  STATE  CEMETERY  BOARD,  INCLUDE  THE
CONTACT  INFORMATION  OF  THE  NEW  YORK DEPARTMENT OF STATE DIVISION OF
CEMETERIES, AND INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07573-02-3

              

A. 3538--A                          2

  (A) A DESCRIPTION OF AND INFORMATION ABOUT  THE  REGULATION  OF  CEME-
TERIES  IN  NEW YORK, THE NEW YORK DEPARTMENT OF STATE DIVISION OF CEME-
TERIES AND THE STATE CEMETERY BOARD, AND A DESCRIPTION OF THOSE TYPES OF
CEMETERIES THAT ARE NOT REGULATED BY THE STATE CEMETERY BOARD;
  (B) A DESCRIPTION OF THE PROCESS OF PURCHASING AND RE-SELLING A BURIAL
LOT, PLOT OR PART THEREOF;
  (C) A DESCRIPTION OF THE NATURE OF THE RIGHT TO INTERMENT;
  (D)A  DESCRIPTION  OF INHERITANCE RIGHTS OF A BURIAL LOT, PLOT OR PART
THEREOF;
  (E) A LISTING OF REASONS THAT INTERMENT MAY BE DENIED;
  (F) OPTIONS REGARDING HOW REMAINS MAY BE DISPOSED;
  (G) A DESCRIPTION OF THE REQUIREMENTS IN REGARDS TO THE USE  OF  OUTER
ENCLOSURES;
  (H) A DESCRIPTION OF CEMETERY TRUST FUNDS;
  (I) A LISTING AND DESCRIPTION OF CEMETERY FEES AND SERVICES; AND
  (J) ANY OTHER INFORMATION DEEMED NECESSARY.
  (3)  THE STATE CEMETERY BOARD MAY, FROM TIME TO TIME, UPDATE AND AMEND
THE NEW YORK STATE CEMETERY DISCLOSURE FORM AS IT  DEEMS  NECESSARY  AND
PROPER AND MAY ADOPT RULES AND REGULATIONS FOR THE PROPER ADMINISTRATION
OF THIS SECTION.
  S  2. This act shall take effect January 1, 2014. Effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the  implementation of this act on its effective date is
authorized to be made and completed on or before such date.