S T A T E O F N E W Y O R K
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10644
I N A S S E M B L Y
August 12, 2022
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Hevesi) --
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
certain duties and responsibilities of cemetery corporations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph 4 of paragraph (c) of section 1504 of the
not-for-profit corporation law, as added by chapter 557 of the laws of
1985, is amended and two new subparagraphs 4-a and 4-b and a new para-
graph (e) are added to read as follows:
(4) To impose a civil penalty upon a cemetery corporation not exceed-
ing one thousand dollars, after conducting an adjudicatory hearing
pursuant to the provisions of PARAGRAPH (E) OF THIS SECTION, AND
CONSISTENT WITH THE PROVISIONS OF the state administrative procedure
act, for a violation of or a failure to comply with any provisions
contained in this article or any regulation, directive or order of the
board, and without the need to maintain a civil action pursuant to
subdivision five of this paragraph. (4-A) TO ADOPT REASONABLE RULES AND
REGULATIONS REQUIRING THAT EACH CEMETERY CORPORATION SHALL CARRY A
LIABILITY INSURANCE POLICY THAT PROVIDES COVERAGE WITH RESPECT TO CLAIMS
ARISING OUT OF THE DEATH OR BODILY INJURY OF ANY PERSON AS A RESULT OF
THE COLLAPSE OF ANY MONUMENT, EMBELLISHMENT OR OTHER MARKER ON A PLOT,
LOT OR PART THEREOF, REGARDLESS OF WHETHER ANY SUCH COLLAPSE WAS CAUSED
BY AN ACT OF VANDALISM COMMITTED BY A PERSON OTHER THAN THE CLAIMANT, IN
SUCH AMOUNTS AS THE BOARD DETERMINES TO BE ADEQUATE FOR SUCH PURPOSE.
(4-B) TO ADOPT REASONABLE RULES AND REGULATIONS REQUIRING THE APPROVAL
OF A LICENSED ENGINEER PRIOR TO: THE EXCAVATION OF ANY GRAVE, THE
CONSTRUCTION, INSTALLATION OR REMOVAL OF ANY MAUSOLEUM, VAULT, COLUMBAR-
IUM OR OTHER SIMILAR STRUCTURE, THE POURING OF CONCRETE FOR FOUNDATION,
AND OTHER CONSTRUCTION OR MAINTENANCE ACTIVITIES INVOLVING THE USE OF
HEAVY MACHINERY.
(E) COMPLAINT PROCESS. UPON RECEIPT OF A CONSUMER COMPLAINT FORM, THE
DIVISION OF CEMETERIES SHALL FORWARD SUCH COMPLAINT TO THE CEMETERY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16166-01-2
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CORPORATION INVOLVED AND CONTACT THE CONSUMER NO LATER THAN THE CLOSE OF
BUSINESS ON THE DAY FOLLOWING THE DATE ON WHICH THE COMPLAINT WAS
RECEIVED. THE CEMETERY CORPORATION SHALL RESPOND TO THE DIVISION OF
CEMETERIES WITHIN FOURTEEN CALENDAR DAYS AFTER RECEIPT OF SUCH CONSUMER
COMPLAINT. IF THE INITIAL COMPLAINT IS NOT RESOLVED BY THE CEMETERY
CORPORATION, THE CONSUMER MAY REQUEST THAT THE COMPLAINT BE ESCALATED TO
THE CEMETERY BOARD FOR INVESTIGATION AND RESOLUTION THEREOF. WHEN A
COMPLAINT IS ESCALATED, THE BOARD MAY TAKE ANY ACTION IT DEEMS NECES-
SARY, CONSISTENT WITH THE POWERS AND DUTIES OF THE CEMETERY BOARD PURSU-
ANT TO PARAGRAPH (C) OF THIS SECTION. UPON COMPLETION OF ITS INVESTI-
GATION, THE BOARD SHALL SEND A WRITTEN RESOLUTION TO THE CONSUMER.
§ 2. Section 1510 of the not-for-profit corporation law is amended by
adding a new paragraph (p) to read as follows:
(P) PRIVACY AND DIGNITY OF CEMETERY PLOTS. NO CEMETERY CORPORATION OR
RELIGIOUS CORPORATION HAVING CHARGE AND CONTROL OF A CEMETERY SHALL
INFRINGE ON THE PRIVACY AND DIGNITY OF THE REMAINS OF DECEASED HUMAN
BEINGS. CEMETERIES SHALL ENSURE ALL EMPLOYEES AND THIRD-PARTY CONTRAC-
TORS DISPLAY PROPER RESPECT FOR THE DECEASED WHEN ON CEMETERY GROUNDS.
IN THE EVENT THAT CONSTRUCTION OR OTHER ACTIVITY WHICH IMPAIRS THE
PRIVACY AND DIGNITY OF THE PLOT IS TO TAKE PLACE ON CEMETERY GROUNDS,
THE CEMETERY CORPORATION SHALL, NOT LESS THAN FOURTEEN DAYS PRIOR TO THE
COMMENCEMENT OF SUCH CONSTRUCTION OR OTHER ACTIVITY, NOTIFY EACH
AFFECTED PLOT OWNER, OWNER'S DISTRIBUTEE OR PERSON FILING AN AFFIDAVIT
WITH SUCH CORPORATION PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH ONE OF
PARAGRAPH (E) OF SECTION FIFTEEN HUNDRED TWELVE OF THIS ARTICLE.
§ 3. Subparagraph 8 of paragraph (h) of section 1507 of the not-for-
profit corporation law, as amended by chapter 380 of the laws of 2000,
is amended and a new subparagraph 9 is added to read as follows:
(8) Nothing contained in this paragraph is to be construed[ as giving
a cemetery corporation an "insurable interest" in monuments or other
embellishments on a plot, lot or part thereof, nor is it meant] to imply
that the cemetery corporation has any responsibility for repairing
vandalism damage not covered by this fund, nor for repairing or removing
out of repair or dilapidated monuments or other markers not owned by the
cemetery corporation, nor shall it constitute the doing of an insurance
business.
(9) NOTWITHSTANDING ANY CONTRARY PROVISION OF SUBPARAGRAPH EIGHT OF
THIS PARAGRAPH OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, A CEMETERY
CORPORATION SHALL HAVE AN "INSURABLE INTEREST" IN MONUMENTS AND OTHER
EMBELLISHMENTS ON A PLOT, LOT OR PART THEREOF FOR THE PURPOSES OF
OBTAINING LIABILITY INSURANCE IN ACCORDANCE WITH THE REQUIREMENTS OF
SUBPARAGRAPH FOUR-A OF PARAGRAPH (C) OF SECTION FIFTEEN HUNDRED FOUR OF
THIS ARTICLE.
§ 4. Section 1510-b of the not-for-profit corporation law, as added by
chapter 580 of the laws of 2006, is amended to read as follows:
§ 1510-b. Availability for interment on six-day basis.
Every cemetery corporation shall be available for interments at least
six days per week, excluding legal holidays, as set forth in the ceme-
tery's regulations or in accordance with its practices. Any cemetery
which maintains and designates a burial section for persons of a partic-
ular religious belief must remain available for grave openings and
interments Sunday through Friday or other six-day period in accordance
with the religious and/or ethnic traditions of the persons interred in
said religious section, AND SHALL REMAIN AVAILABLE FOR GRAVE OPENINGS
AND INTERMENTS OUTSIDE OF NORMAL BUSINESS HOURS IN THE CASE OF PERSONS
BELONGING TO A RELIGIOUS AND/OR ETHNIC TRADITION THAT REQUIRES BURIAL OR
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INTERMENT OF A DECEDENT PRIOR TO SUNSET ON THE DATE OF SUCH DECEDENT'S
DEATH, PROVIDED THAT ANY ADDITIONAL COSTS INCURRED BY THE CEMETERY
CORPORATION AS A RESULT OF SUCH BURIAL OR INTERMENT SHALL BE CHARGEABLE
TO THE PERSON REQUESTING SUCH SERVICES OUTSIDE OF NORMAL BUSINESS HOURS.
Nothing in this section shall require a cemetery to provide grave
openings and/or interments if they are otherwise unable to do so as to
direct consequence of severe weather conditions or other similar condi-
tions.
§ 5. The not-for-profit corporation law is amended by adding a new
section 1510-d to read as follows:
§ 1510-D. RELIGIOUS INSPECTORS.
EVERY CEMETERY CORPORATION WHICH MAINTAINS AND DESIGNATES A BURIAL
SECTION FOR PERSONS OF A PARTICULAR RELIGIOUS BELIEF AND/OR ETHNIC
TRADITION SHALL APPOINT A PERSON HAVING AUTHORITY FROM, OR IN ACCORDANCE
WITH, THE RULES AND REGULATIONS GOVERNING SUCH RELIGIOUS BELIEF AND/OR
ETHNIC TRADITION TO ENSURE THAT THE CEMETERY IS IN COMPLIANCE WITH THE
APPLICABLE RULES AND REGULATIONS GOVERNING SUCH RELIGIOUS BELIEF AND/OR
ETHNIC TRADITION WITH RESPECT TO BURIALS. EACH INSPECTOR APPOINTED
PURSUANT TO THIS SECTION SHALL BE MADE IN CONSULTATION WITH THE MEMBERS
OF SUCH RELIGIOUS BELIEF AND/OR ETHNIC TRADITION FROM THE COMMUNITY IN
WHICH THE CEMETERY IS LOCATED.
§ 6. Section 1513 of the not-for-profit corporation law is amended by
adding a new paragraph (e) to read as follows:
(E) DISCLOSURE. NO CEMETERY CORPORATION SUBJECT TO THE PROVISIONS OF
THIS ARTICLE SHALL SELL OR CONVEY ANY RIGHT TO USE ANY LOT, PLOT OR PART
THEREOF TO ANY PERSON UNLESS SUCH CEMETERY CORPORATION SHALL HAVE
DISCLOSED TO SUCH PERSON THE CONDITION OF THE SOIL UNDER SUCH LOT, PLOT
OR PART THEREOF, INCLUDING BUT NOT LIMITED TO THE EXISTENCE OF GROUNDWA-
TER OR ANY OTHER DEFECTS OR PAST DISTURBANCES WHICH MAY SUBSTANTIALLY
IMPAIR OR ALTER THE NATURAL CONDITION OF THE SOIL.
§ 7. This act shall take effect on the thirtieth day after it shall
have become a law.