NY State Senate Bill 2021-S9517

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 29, 2022	referred to rules

2021-S9517 (ACTIVE) - Details

See Assembly Version of this Bill:: A10644
Current Committee:: Senate Rules
Law Section:: Not-for-Profit Corporation Law
Laws Affected:: Amd §§1504, 1510, 1507, 1510-b & 1513, add §1510-d, N-PC L
Versions Introduced in 2023-2024 Legislative Session:: S1616, A4790

2021-S9517 (ACTIVE) - Summary

Relates to certain duties and responsibilities of cemetery corporations; provides for the filing of consumer complaints; requires insurance coverage for injuries caused by collapsed monuments and structures.

2021-S9517 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9517

SPONSOR: ADDABBO
 
TITLE OF BILL:

An act to amend the not-for-profit corporation law, in relation to
certain duties and responsibilities of cemetery corporations

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to implement stricter oversight of cemetery
corporations, ensure proper consideration for religious needs, and
provide recourse for individuals who wish to file a complaint against a
cemetery corporation.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends subparagraph 4 of paragraph (c) of section
1504 of the not-for-profit corporation law and adds two new subpara-
graphs 4-a and 4-b and a new paragraph (e) to: require cemetery corpo-
rations to carry liability insurance to cover claims arising out of
death or injury caused by the collapse of any monument or marker;

require approval of a licensed engineer prior to construction or mainte-
nance activities involving the use of heavy machinery; and provide for a
consumer complaint process.

Section 2 of the bill amends section 1510 of the not-for-profit corpo-
ration law by adding a new paragraph (p) to make provisions regarding
the privacy and dignity of cemetery plots and human remains.

Section 3 of the bill amends subparagraph 8 of paragraph (h) of section
1507 of the not-for profit corporation law and adds a new subparagraph 9
to provide that a cemetery corporation shall have an "insurable inter-
est" in monuments and other embellishments on a plot, lot or part there-
of for the purposes of obtaining liability insurance.

Section 4 of the bill amends section 1510-b of the not-for-profit corpo-
ration law to require cemeteries to 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
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.

Section 5 of the bill amends the not-for-profit corporation law by
adding a new section 1510-d to provide that every cemetery corporation
which maintains and designates a burial section for persons of a partic-
ular religious belief and/or ethnic tradition shall appoint an inspector
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, and that such inspectors be appointed in
consultation with the members of such religious belief and/or ethnic
tradition from the community in which the cemetery is located.

Section 6 of the bill amends section 1513 of the not-for-profit corpo-
ration law by adding a new paragraph (e) to require that prior to the
sale or conveyance of any right to use a lot, plot or part thereof,

cemetery corporations must disclose the condition of the soil there-
under.

Section 7 of the bill is the effective date.

 
JUSTIFICATION:

A lack of cemetery oversight has led to improper care and maintenance of
headstones and cemetery plots, a lack of religious compliance, and
unclear costs. This legislation aims to implement stricter oversight,
proper consideration for religious needs including religious inspectors,
and recourse for individuals who wish to file a complaint against a
cemetery corporation.

This legislation would create a procedural under the guidance of a
licensed engineer for:

*Excavation of the grave

*Setting of the concrete vaults

*Excavation of the foundation

*Concrete pouring for foundation

*Monument Installation

*Maintenance

*Use of heavy machinery

Presently, no such requirements exist. Tragically, this lack of over-
sight and maintenance resulted in the death of a cemetery worker at
Baron Hirsch Cemetery when a 2,000-pound monument fell and crushed her.
This tragedy could have been avoided if the gravestone and surrounding
ground was properly maintained.

A Religious Inspector is imperative to assure dignity in death and that
all proper religious protocols and customs are followed, whichincludes
allowing burials to occur outside of normal business hours.

Additionally, cemeteries must provide customers with the detailed break-
down of all costs for materials labor. Without a proper breakdown of
expenses, families can be overcharged.

If a monument or gravestone does collapse, whether as a result of
vandalism, negligence, or any other circumstance, the cemetery must have
an adequate insurance to cover repairs and not place an undue burden on
their customers.

These regulations are necessary to assure the safety of cemetery employ-
ees, dignity to those buried on their plots, and compliance and respect
for religious customs.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

 To be determined

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2021-S9517 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9517
 
                             I N  S E N A T E
 
                               July 29, 2022
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 CORPORATION INVOLVED AND CONTACT THE CONSUMER NO LATER THAN THE CLOSE OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16166-01-2
 S. 9517                             2
 
 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
 INTERMENT  OF  A DECEDENT PRIOR TO SUNSET ON THE DATE OF SUCH DECEDENT'S
 S. 9517                             3
 
 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.

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Senate Bill S9517

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

2021-S9517 (ACTIVE) - Details

2021-S9517 (ACTIVE) - Summary

2021-S9517 (ACTIVE) - Sponsor Memo

2021-S9517 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9517

Share this bill

Sponsored By

Joseph P. Addabbo Jr.

Archive: Last Bill Status - In Senate Committee Rules Committee

2021-S9517 (ACTIVE) - Details

2021-S9517 (ACTIVE) - Summary

2021-S9517 (ACTIVE) - Sponsor Memo

2021-S9517 (ACTIVE) - Bill Text download pdf

Comments