S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    904
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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:
 
   Section  1. Paragraph (o) of section 1510 of the not-for-profit corpo-
 ration law, as added by a chapter of the laws of 2020 amending the  not-
 for-profit  corporation  law  relating to creating a cemetery disclosure
 form, as proposed in legislative bills numbers S.4284-A and A.3429-A, is
 amended to read as follows:
   (o) Posting and distribution of the New York state cemetery disclosure
 form. (1) [A] New York state cemetery disclosure [form] FORMS  shall  be
 created  [and  produced]  by  the  state  cemetery  board  and  shall be
 [conspicuously] posted [by any cemetery  corporation  as  such  term  is
 defined  in  section  fifteen hundred two of this article in each of its
 offices if any. A copy of such form shall be provided  by  the  cemetery
 corporation  to  any  person  arranging  for  an interment or purchasing
 interment rights or any other goods or services offered by the cemetery.
 Additionally, the New York state cemetery disclosure form shall be post-
 ed on the web site of the department of state's division of  cemeteries]
 ON THE WEBSITE OF THE DIVISION OF CEMETERIES IN THE DEPARTMENT OF STATE.
 COPIES  OF  SUCH  FORMS SHALL BE SUITABLY PRINTED BY THE CEMETERY CORPO-
 RATION AND CONSPICUOUSLY DISPLAYED IN EACH OF ITS OFFICES,  IF  ANY,  SO
 THAT  ALL  PERSONS  VISITING  SUCH  PLACE  MAY  READILY SEE THE FORM AND
 INSPECT ITS CONTENTS. PHYSICAL COPIES OF THE FORMS SHALL BE MADE  AVAIL-
 ABLE TO ANY PERSON INQUIRING ABOUT CEMETERY LOTS, GOODS, OR SERVICES.  A
 CORPORATION  MAY  OFFER  A  CUSTOMER  THE  OPTION OF RECEIVING THE FORMS
 THROUGH THE USE OF A QUICK RESPONSE (QR) CODE IN  LIEU  OF  RECEIVING  A
 PAPER COPY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD07145-01-1

 S. 904                              2
 
   (2)  The  New  York state cemetery disclosure [form] FORMS shall be in
 the form and manner as prescribed by the  state  cemetery  board,  SHALL
 include  the  contact  information  of  the New York department of state
 division of cemeteries, and [include] SHALL CONTAIN  AN  EXPLANATION  OF
 THE RIGHTS OF LOT OWNERS AND FAMILY MEMBERS INCLUDING, but not be limit-
 ed to, the following:
   (A)  [a  description of and] A WEBSITE ADDRESS, AND A HYPERLINK IN THE
 CASE OF ELECTRONIC COPIES, FOR information about the regulation of ceme-
 teries in New York, the New York department of state division  of  ceme-
 teries and the state cemetery board, and a description of those types of
 cemeteries that are not regulated by the state cemetery board;
   (B)  [a  description  of]  the  process of purchasing and re-selling a
 burial lot, plot or part thereof;
   (C) [a description of] the right to interment AND DISPOSITION OPTIONS;
   (D) [a description of] inheritance rights of a  burial  lot,  plot  or
 part thereof;
   (E) a listing of reasons that interment may be denied;
   (F) [options regarding how remains may be disposed;
   (G)  a description of] the requirements in regards to the use of outer
 enclosures;
   [(H) a description of cemetery fees and services; and] (G) THE  RIGHTS
 OF LOT OWNERS AS MEMBERS OF THE CEMETERY CORPORATION;
   [(I)]  (H)  CEMETERIES'  DUTIES  REGARDING CHARGES, PRICES, RULES, AND
 REGULATIONS;
   (I) THE RIGHT TO MAKE BURIAL ARRANGEMENTS AND PROVIDE FOR MEMORIALIZA-
 TION; AND
   (J) any other information deemed [necessary] APPROPRIATE.
   (3) The state cemetery board may, from time to time, update and  amend
 the New York state cemetery disclosure form as it deems necessary.
   §  2.  Paragraph (a) of section 1510 of the not-for-profit corporation
 law, as amended by chapter 254 of the laws of 2006, is amended  to  read
 as follows:
   (a)  Posting and distribution of rules, regulations, charges and pric-
 es.  The rules, regulations, charges, and prices of GOODS,  lots,  plots
 or  parts  thereof  shall be suitably printed and shall be conspicuously
 posted by the corporation in each of its offices, IF ANY, AND  CONSPICU-
 OUSLY  DISPLAYED  ON  ANY  WEBSITE  THE CORPORATION MAINTAINS OR THROUGH
 WHICH IT CONDUCTS BUSINESS. A printed copy  of  CHARGES  AND  prices  of
 GOODS, lots, plots or parts thereof shall be made available upon request
 by  any  person  for up to the actual price of the printing of the copy.
 For each day in which the corporation  fails  to  post  OR  DISPLAY  the
 rules,  regulations, charges and prices the corporation shall be subject
 to a penalty of twenty-five dollars which may be recovered  in  a  civil
 action by the cemetery board. For each instance in which the corporation
 fails  to  make available a copy of the prices of GOODS, lots, plots, or
 parts thereof, to a person who [request] REQUESTS such copy, the  corpo-
 ration shall be subject to a penalty of twenty-five dollars which may be
 recovered  in  a  civil action by the cemetery board. The cemetery board
 may waive the payment of the penalty or any part thereof.
   § 3. This act shall take effect on the  same  date  and  in  the  same
 manner  as  a  chapter  of  the laws of 2020 amending the not-for-profit
 corporation law relating to creating  a  cemetery  disclosure  form,  as
 proposed  in  legislative  bills  numbers  S.4284-A  and A.3429-A, takes
 effect.