Bill Text: NY A00975 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to cemetery disclosure forms.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2021-01-25 - substituted by s904 [A00975 Detail]

Download: New_York-2021-A00975-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           975

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     January 6, 2021
                                       ___________

        Introduced  by M. of A. DILAN -- 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 ceme-
          tery disclosure forms

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Paragraph (o) of section 1510 of the not-for-profit corpo-
     2  ration law, as added by a chapter of the laws of 2020 amending the  not-
     3  for-profit  corporation  law  relating to creating a cemetery disclosure
     4  form, as proposed in legislative bills numbers S.4284-A and A.3429-A, is
     5  amended to read as follows:
     6    (o) Posting and distribution of the New York state cemetery disclosure
     7  form. (1) [A] New York state cemetery disclosure [form] forms  shall  be
     8  created  [and  produced]  by  the  state  cemetery  board  and  shall be
     9  [conspicuously] posted [by any cemetery  corporation  as  such  term  is
    10  defined  in  section  fifteen hundred two of this article in each of its
    11  offices if any. A copy of such form shall be provided  by  the  cemetery
    12  corporation  to  any  person  arranging  for  an interment or purchasing
    13  interment rights or any other goods or services offered by the cemetery.
    14  Additionally, the New York state cemetery disclosure form shall be post-
    15  ed on the web site of the department of state's division of  cemeteries]
    16  on the website of the division of cemeteries in the department of state.
    17  Copies  of  such  forms shall be suitably printed by the cemetery corpo-
    18  ration and conspicuously displayed in each of its offices,  if  any,  so
    19  that  all  persons  visiting  such  place  may  readily see the form and
    20  inspect its contents. Physical copies of the forms shall be made  avail-
    21  able to any person inquiring about cemetery lots, goods, or services.  A
    22  corporation  may  offer  a  customer  the  option of receiving the forms
    23  through the use of a quick response (QR) code in  lieu  of  receiving  a
    24  paper copy.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07145-01-1
        A. 975                              2

     1    (2)  The  New  York state cemetery disclosure [form] forms shall be in
     2  the form and manner as prescribed by the  state  cemetery  board,  shall
     3  include  the  contact  information  of  the New York department of state
     4  division of cemeteries, and [include] shall contain  an  explanation  of
     5  the rights of lot owners and family members including, but not be limit-
     6  ed to, the following:
     7    (A)  [a  description of and] a website address, and a hyperlink in the
     8  case of electronic copies, for information about the regulation of ceme-
     9  teries in New York, the New York department of state division  of  ceme-
    10  teries and the state cemetery board, and a description of those types of
    11  cemeteries that are not regulated by the state cemetery board;
    12    (B)  [a  description  of]  the  process of purchasing and re-selling a
    13  burial lot, plot or part thereof;
    14    (C) [a description of] the right to interment and disposition options;
    15    (D) [a description of] inheritance rights of a  burial  lot,  plot  or
    16  part thereof;
    17    (E) a listing of reasons that interment may be denied;
    18    (F) [options regarding how remains may be disposed;
    19    (G)  a description of] the requirements in regards to the use of outer
    20  enclosures;
    21    [(H) a description of cemetery fees and services; and] (G) the  rights
    22  of lot owners as members of the cemetery corporation;
    23    [(I)]  (H)  cemeteries'  duties  regarding charges, prices, rules, and
    24  regulations;
    25    (I) the right to make burial arrangements and provide for memorializa-
    26  tion; and
    27    (J) any other information deemed [necessary] appropriate.
    28    (3) The state cemetery board may, from time to time, update and  amend
    29  the New York state cemetery disclosure form as it deems necessary.
    30    §  2.  Paragraph (a) of section 1510 of the not-for-profit corporation
    31  law, as amended by chapter 254 of the laws of 2006, is amended  to  read
    32  as follows:
    33    (a)  Posting and distribution of rules, regulations, charges and pric-
    34  es.  The rules, regulations, charges, and prices of goods,  lots,  plots
    35  or  parts  thereof  shall be suitably printed and shall be conspicuously
    36  posted by the corporation in each of its offices, if any, and  conspicu-
    37  ously  displayed  on  any  website  the corporation maintains or through
    38  which it conducts business. A printed copy  of  charges  and  prices  of
    39  goods, lots, plots or parts thereof shall be made available upon request
    40  by  any  person  for up to the actual price of the printing of the copy.
    41  For each day in which the corporation  fails  to  post  or  display  the
    42  rules,  regulations, charges and prices the corporation shall be subject
    43  to a penalty of twenty-five dollars which may be recovered  in  a  civil
    44  action by the cemetery board. For each instance in which the corporation
    45  fails  to  make available a copy of the prices of goods, lots, plots, or
    46  parts thereof, to a person who [request] requests such copy, the  corpo-
    47  ration shall be subject to a penalty of twenty-five dollars which may be
    48  recovered  in  a  civil action by the cemetery board. The cemetery board
    49  may waive the payment of the penalty or any part thereof.
    50    § 3. This act shall take effect on the  same  date  and  in  the  same
    51  manner  as  a  chapter  of  the laws of 2020 amending the not-for-profit
    52  corporation law relating to creating  a  cemetery  disclosure  form,  as
    53  proposed  in  legislative  bills  numbers  S.4284-A  and A.3429-A, takes
    54  effect.