S T A T E   O F   N E W   Y O R K
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                                  4399

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 4, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- 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 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.
  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.

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

S. 4399                             2

  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.