S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4219

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2011
                               ___________

Introduced by M. of A. WEISENBERG, COLTON, ROBINSON, COOK, REILLY, MILL-
  MAN,  CYMBROWITZ, RAIA -- Multi-Sponsored by -- M. of A. BARRON, BREN-
  NAN, CALHOUN, HOOPER,  JAFFEE,  MAISEL,  MARKEY,  MAYERSOHN,  McENENY,
  McKEVITT,  MENG,  RABBITT, J. RIVERA, TITONE, TOBACCO -- read once and
  referred to the Committee on Codes

AN ACT to amend the not-for-profit corporation law,  in  relation  to  a
  cemetery customer's bill of rights

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1510  of  the  not-for-profit  corporation  law  is
amended by adding a new paragraph (n) to read as follows:
  (N)  POSTING  AND  DISTRIBUTION  OF  THE  CEMETERY  CUSTOMER'S BILL OF
RIGHTS. (1) THE CEMETERY CUSTOMER'S BILL OF RIGHTS SHALL BE CONSPICUOUS-
LY POSTED BY THE CORPORATION IN EACH OF ITS OFFICES.  A  COPY  SHALL  BE
PROVIDED  TO EACH PERSON AT THE BEGINNING OF ANY FACE-TO-FACE DISCUSSION
ABOUT ARRANGING FOR AN INTERMENT OR PURCHASING INTERMENT RIGHTS  OR  ANY
OTHER  GOODS  OR SERVICES OFFERED BY THE CEMETERY.  ADDITIONALLY, A COPY
OF SUCH BILL OF RIGHTS SHALL BE GIVEN TO ANY PERSON UPON REQUEST.
  (2) THE CEMETERY CUSTOMER'S BILL OF RIGHTS SHALL BE ESSENTIALLY IN THE
FOLLOWING FORM.
                    CEMETERY CUSTOMER'S BILL OF RIGHTS
  ALL NEW YORK  CEMETERIES  ARE  NOT-FOR-PROFIT.  THIS  CEMETERY  (NAME,
ADDRESS,  TELEPHONE  NUMBER)  IS  REGULATED BY THE NYS DIVISION OF CEME-
TERIES. THE NEAREST OFFICE IS LOCATED AT:  (ADDRESS,  TELEPHONE  NUMBER,
E-MAIL ADDRESS).
  WHEN YOU BUY CEMETERY PROPERTY, YOU ARE BUYING THE RIGHT TO INTERMENT,
NOT  AN  ACTUAL  PIECE OF LAND. WHEN YOU SELL CEMETERY PROPERTY, IT MUST
FIRST BE OFFERED BACK TO THE CEMETERY. THE MINIMUM  PRICE  THE  CEMETERY
MUST  PAY TO BUY BACK THE PROPERTY IS SET BY LAW. YOU CAN ALSO GIFT YOUR
RIGHT TO INTERMENT IF YOU ARE THE LOT OWNER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04097-01-1

              

A. 4219                             2

  YOU CAN BE DENIED THE RIGHT TO INTERMENT ONLY FOR NON-PAYMENT  OF  THE
TOTAL PURCHASE PRICE, NON-PAYMENT OF INTERMENT PRICE OR NON-PAYMENT OF A
TAX AUTHORIZED BY THE CEMETERY BOARD.
  THOUGH  NEW  YORK  LAW DOES REQUIRE THAT A CONTAINER OR WRAPPINGS USED
FOR CREMATION BE NON-METAL, IT DOES NOT REQUIRE EMBALMING FOR  INTERMENT
(BURIAL,  ENTOMBMENT  OR PLACEMENT OF CREMAINS IN A NICHE OR GRAVE). NEW
YORK LAW DOES NOT LIMIT THE NUMBER OF CREMATION URNS THAT CAN BE  PLACED
IN  A  GRAVE.  NEW YORK LAW ALSO DOES NOT REQUIRE ANY PARTICULAR TYPE OF
CASKET OR EXTERNAL WRAPPINGS FOR BURIAL  OR  PLACEMENT  IN  A  MAUSOLEUM
CRYPT. NOR DOES IT RESTRICT THE TYPE OF CONTAINER USED TO PLACE ASHES IN
A NICHE OR GRAVE.
  NEW  YORK  LAW  REQUIRES  THAT  RULES AND REGULATIONS OF A CEMETERY BE
REASONABLE AND THAT THEY HAVE WRITTEN CEMETERY BOARD APPROVAL. NEW  YORK
LAW  REQUIRES THAT A WRITTEN CONTRACT FOR THE SALE OR USE OF A LOT, PLOT
OR PART THEREOF SHALL HAVE ATTACHED THERETO AND MADE A  PART  THEREOF  A
COPY  OF  THE  RULES AND REGULATIONS OF THE CEMETERY CORPORATION OR SUCH
PARTS OF SUCH RULES AND REGULATIONS AS RELATE TO THE SIZE AND  PLACEMENT
OF MONUMENTS, RESTRICTIONS ON PLOT USAGE, WARRANTIES, OBLIGATIONS OF THE
CEMETERY  CORPORATION  AND  FINANCIAL  OBLIGATIONS AND DUTIES OF THE LOT
OWNER.
  YOU HAVE THE RIGHT:
  1. TO A COPY OF THE CURRENT LIST OF PRICES AND CHARGES OF THE CEMETERY
FOR A SMALL FEE.
  2. TO HAVE INCLUDED IN YOUR PURCHASE CONTRACT AND  DEED  ANY  CEMETERY
BOARD  APPROVED RESTRICTIONS ON THE TYPE OF CONTAINER USED FOR BURIAL OR
PLACEMENT OF ASHES IN A NICHE OR GRAVE.
  3. TO HAVE INCLUDED IN YOUR PURCHASE CONTRACT AND  DEED  ANY  CEMETERY
BOARD  APPROVED  REQUIREMENTS  FOR  MAUSOLEUM  CRYPT  ENTOMBMENT SUCH AS
EMBALMING, SPECIAL CASKETS OR IN-CRYPT BAGS OR TRAYS.
  4. TO HAVE INCLUDED IN YOUR PURCHASE CONTRACT AND  DEED  ANY  CEMETERY
BOARD  APPROVED  RESTRICTIONS ON THE TYPE OF MONUMENT OR MARKER THAT CAN
BE PLACED ON THE GRAVE, NICHE OR MAUSOLEUM CRYPT.
  5. TO BE NOTIFIED OF ANY RULES, RESTRICTIONS OR CHARGES THAT APPLY  TO
MARKERS OR MONUMENTS PURCHASED ELSEWHERE.
  6.  TO  FULLY UNDERSTAND WHAT "PERPETUAL CARE" MEANS INCLUDING WHETHER
IT IS REQUIRED OR OPTIONAL.
  7. YOU HAVE A RIGHT TO  HAVE  ALL  CONTRACTS  INCLUDING  PURCHASE  AND
PERPETUAL CARE CONTRACTS REVIEWED BY A LAWYER BEFORE SIGNING.
  8.  TO  CHOOSE  A  CONCRETE  LINER,  IF  AN  OUTER BURIAL CONTAINER IS
REQUIRED FOR BURIAL IN A GRAVE PURCHASED AFTER 1/1/85. THIS  REQUIREMENT
MUST BE WAIVED FOR RELIGIOUS REASONS.
  9. TO HAVE MONEY PAID FOR A GRAVE LINER PRE-NEED HELD IN TRUST.
  10.  TO BE NOTIFIED OF ANY RESTRICTIONS AND CHARGES RELATIVE TO PLANT-
INGS.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.