NY State Senate Bill S1616

Current Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 13, 2023	referred to corporations, authorities and commissions

S1616 (ACTIVE) - Details

Current Committee:: Senate Corporations, Authorities And Commissions
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 2021-2022 Legislative Session:: S9517

S1616 (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.

S1616 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1616

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:

2022: S. 9517 - Referred to Rules

 
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.

S1616 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1616
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by  Sen. ADDABBO -- 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
   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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00846-02-3
 S. 1616                             2

 
 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
 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
 S. 1616                             3
 
 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
 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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The New York State Senate

senate Bill S1616

Sponsored By

Current Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Your Voice

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S1616 (ACTIVE) - Details

S1616 (ACTIVE) - Summary

S1616 (ACTIVE) - Sponsor Memo

S1616 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1616

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Sponsored By

Joseph P. Addabbo Jr

Current Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Your Voice

Actions

S1616 (ACTIVE) - Details

S1616 (ACTIVE) - Summary

S1616 (ACTIVE) - Sponsor Memo

S1616 (ACTIVE) - Bill Text download pdf

Comments