Assembly Bill A7759

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

                                  7759

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 26, 2015
                               ___________

Introduced  by M. of A. DILAN -- 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
  creating a cemetery disclosure form

  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:
  (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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11229-01-5
              

A. 7759                             2

  (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 on the one hundred eightieth day after
it shall have become a law.  Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of  this  act on its effective date is authorized to be made and
completed on or before such date.