assembly Bill A3538B

2013-2014 Legislative Session

Requires cemetery corporations to provide customers with a bill of rights

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Archive: Last Bill Status - Passed Assembly


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2014 referred to rules
delivered to senate
passed assembly
ordered to third reading rules cal.437
rules report cal.437
Jun 18, 2014 reported
Jun 17, 2014 reported referred to rules
Jun 16, 2014 reported referred to codes
Jun 02, 2014 print number 3538b
Jun 02, 2014 amend and recommit to corporations, authorities and commissions
Jan 08, 2014 referred to corporations, authorities and commissions
Jun 05, 2013 print number 3538a
Jun 05, 2013 amend and recommit to corporations, authorities and commissions
Jan 28, 2013 referred to corporations, authorities and commissions

Co-Sponsors

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Multi-Sponsors

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A3538 - Details

Current Committee:
Senate Rules
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1510, N-PC L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7036
2011-2012: A4219
2015-2016: A7759
2017-2018: A2901
2019-2020: A3429

A3538 - Summary

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

A3538 - Bill Text download pdf

                    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

Co-Sponsors

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Multi-Sponsors

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A3538A - Details

Current Committee:
Senate Rules
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1510, N-PC L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7036
2011-2012: A4219
2015-2016: A7759
2017-2018: A2901
2019-2020: A3429

A3538A - Summary

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

A3538A - Bill Text download pdf

                    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

Co-Sponsors

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Multi-Sponsors

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A3538B (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1510, N-PC L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7036
2011-2012: A4219
2015-2016: A7759
2017-2018: A2901
2019-2020: A3429

A3538B (ACTIVE) - Summary

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

A3538B (ACTIVE) - Bill Text download pdf

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

                                 3538--B

                       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, ROBERTS, MONTESANO -- Multi-Sponsored by -- M. of  A.
  BRENNAN,  HOOPER,  JAFFEE, MARKEY, McDONOUGH, McKEVITT, PERRY, RIVERA,
  TITONE -- read once and referred to  the  Committee  on  Corporations,
  Authorities  and  Commissions  --  committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  recommitted  to the Committee on Corporations, Authorities and Commis-
  sions in  accordance  with  Assembly  Rule  3,  sec.  2  --  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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07573-03-4