S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4790
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced by 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. Paragraph (c) of section 1504 of the not-for-profit corpo-
 ration law, as added by chapter 871 of the laws  of  1977,  subparagraph
 2-a  as amended and subparagraph 2-b as added by chapter 565 of the laws
 of 1980, subparagraph 4 as added by chapter 557 of the laws of 1985, and
 subparagraph 5 as renumbered by chapter 557 of  the  laws  of  1985,  is
 amended and a new paragraph (e) is added to read as follows:
   (c)    Powers  and  duties of the cemetery board.  With respect to any
 cemetery or cemetery corporation, the  cemetery  board  shall  have  the
 following  duties  and powers:   (1)  To adopt such reasonable rules and
 regulations as the cemetery board shall deem necessary  for  the  proper
 administration  of  this article.  (2) To order any cemetery corporation
 to do such acts as may be necessary to comply  with  the  provisions  of
 this  article or any rule or regulation adopted by the cemetery board or
 to refrain from doing any act in violation thereof.   (2-a)    To  adopt
 reasonable  rules  and regulations to exempt those cemetery corporations
 from the provisions of paragraph (h) of section fifteen hundred  ten  of
 this [chapter] ARTICLE which because of a limited number of paid employ-
 ees  or  appropriate  resources are unable to carry out such provisions.
 (2-b) To adopt reasonable rules and regulations to extend the time peri-
 od mandated by the  provisions  of  paragraph  (h)  of  section  fifteen
 hundred  ten of this [chapter] ARTICLE when necessary because compliance
 by a cemetery corporation within such time period is impossible. (3)  To
 enforce  its orders by mandamus or injunction in a summary proceeding or
 otherwise. In connection with such action or  proceeding,  the  attorney
 general  is  authorized  to  take  proof, issue subpoenas and administer
 oaths in the manner provided in the civil practice law and rules. (4) To
 impose a civil penalty upon a cemetery  corporation  not  exceeding  one
 thousand  dollars,  after conducting an adjudicatory hearing pursuant to
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00846-01-3
 A. 4790                             2
 
 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] SUBPARAGRAPH five of
 this paragraph. (5) To maintain a civil action in the name of the people
 of the state to recover a judgment for a money penalty imposed under the
 provisions of this article.
   (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. Subparagraph 1 of paragraph (e-1) of section 1507 of the not-for-
 profit  corporation law, as added by chapter 608 of the laws of 1985, is
 amended to read as follows:
   (1) [A] ANY cemetery corporation may, AND  ALL  CEMETERY  CORPORATIONS
 PARTIALLY  OR  WHOLLY LOCATED IN A CITY WITH A POPULATION OF ONE MILLION
 OR MORE SHALL, subject to the approval of the cemetery board,  establish
 and maintain a monument maintenance fund. Such a fund is hereby declared
 to be and shall be held by the cemetery corporation as a trust fund, for
 the purpose of providing notice if such monuments are damaged or defaced
 by an act of vandalism and for the restoration of such monuments. Two or
 more  cemetery  corporations  may establish a joint monument maintenance
 fund.
   § 3. Section 1510 of the not-for-profit corporation law is amended  by
 adding a new paragraph (p) to read as follows:
   (P)  DIGNITY  AND INTEGRITY OF CEMETERY PLOTS. (1) ALL CEMETERY CORPO-
 RATIONS INCORPORATED UNDER THIS ARTICLE SHALL ENSURE  ALL  EMPLOYEES  OF
 THE  CEMETERY  CORPORATION  AND  THIRD-PARTY  CONTRACTORS  PERFORM THEIR
 DUTIES IN A MANNER WHICH PRESERVES THE  DIGNITY  AND  INTEGRITY  OF  ALL
 BURIAL  PLOTS.  IN THE EVENT THAT CONSTRUCTION, GROUND-BREAKING ACTIVITY
 OR OTHER ACTIVITY NEGATIVELY IMPACTS THE DIGNITY OF ANY BURIAL  PLOT  ON
 CEMETERY GROUNDS, THE CEMETERY CORPORATION SHALL, PRIOR TO THE COMMENCE-
 MENT  OF  SUCH CONSTRUCTION, GROUND-BREAKING ACTIVITY OR OTHER ACTIVITY,
 NOTIFY THE IMPACTED PLOT OWNER OR OWNERS, THEIR DISTRIBUTEE OR DISTRIBU-
 TEES, OR THE PERSON OR PERSONS FILING AN AFFIDAVIT WITH SUCH CORPORATION
 PURSUANT TO THE PROVISIONS OF  SUBPARAGRAPH  ONE  OF  PARAGRAPH  (E)  OF
 SECTION FIFTEEN HUNDRED TWELVE OF THIS ARTICLE.
   (2) IN THE EVENT THE CEMETERY CORPORATION FAILS TO NOTIFY THE AFFECTED
 PLOT OWNER OR OWNERS, THEIR DISTRIBUTEE OR DISTRIBUTEES OR THE PERSON OR
 PERSONS  FILING  AN  AFFIDAVIT  WITH  SUCH  CORPORATION  PURSUANT TO THE
 PROVISIONS OF SUBPARAGRAPH ONE  OF  PARAGRAPH  (E)  OF  SECTION  FIFTEEN
 HUNDRED  TWELVE OF THIS ARTICLE, THE AFFECTED PERSON OR PERSONS MAY FILE
 A COMPLAINT WITH THE CEMETERY CORPORATION, FOLLOWING THE  PROCEDURE  SET
 FORTH IN PARAGRAPH (E) OF SECTION FIFTEEN HUNDRED FOUR OF THIS ARTICLE.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.