Senate Bill S4215

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4215
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2017
                                ___________
 
 Introduced  by  Sen.  DILAN  -- 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
   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 (o) to read as follows:
   (O) 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04779-01-7
              

 S. 4215                             2
 
   (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.
   § 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.