STATE OF NEW YORK
________________________________________________________________________
7759
2015-2016 Regular Sessions
IN ASSEMBLY
May 26, 2015
___________
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
creating a cemetery disclosure form
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1510 of the not-for-profit corporation law is
2 amended by adding a new paragraph (n) to read as follows:
3 (n) Posting and distribution of the New York state cemetery disclosure
4 form. (1) A New York state cemetery disclosure form shall be created by
5 the state cemetery board and shall be conspicuously posted by a cemetery
6 corporation in each of its offices. A copy of such form shall be
7 provided by the cemetery corporation to any person interested in or
8 seeking information about arranging for an interment or purchasing
9 interment rights or any other goods or services offered by the cemetery
10 prior to any in-person or face-to-face discussion or conversations with
11 the cemetery corporation about such interment, rights, goods or
12 services. Additionally, the New York state cemetery disclosure form
13 shall be posted on the web site of the department of state's division of
14 cemeteries and shall be made available in paper format to a requesting
15 person.
16 (2) The New York state cemetery disclosure form shall be in the form
17 and manner as prescribed by the state cemetery board, include the
18 contact information of the New York department of state division of
19 cemeteries, and include, but not be limited to, the following:
20 (a) a description of and information about the regulation of ceme-
21 teries in New York, the New York department of state division of ceme-
22 teries and the state cemetery board, and a description of those types of
23 cemeteries that are not regulated by the state cemetery board;
24 (b) a description of the process of purchasing and re-selling a burial
25 lot, plot or part thereof;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11229-01-5
A. 7759 2
1 (c) a description of the nature of the right to interment;
2 (d) a description of inheritance rights of a burial lot, plot or part
3 thereof;
4 (e) a listing of reasons that interment may be denied;
5 (f) options regarding how remains may be disposed;
6 (g) a description of the requirements in regards to the use of outer
7 enclosures;
8 (h) a description of cemetery trust funds;
9 (i) a listing and description of cemetery fees and services; and
10 (j) any other information deemed necessary.
11 (3) The state cemetery board may, from time to time, update and amend
12 the New York state cemetery disclosure form as it deems necessary and
13 proper and may adopt rules and regulations for the proper administration
14 of this section.
15 § 2. This act shall take effect on the one hundred eightieth day after
16 it shall have become a law. Effective immediately, the addition, amend-
17 ment and/or repeal of any rule or regulation necessary for the implemen-
18 tation of this act on its effective date is authorized to be made and
19 completed on or before such date.
