S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1616
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by  Sen. ADDABBO -- 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
   certain duties and responsibilities of cemetery corporations

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  4  of  paragraph (c) of section 1504 of the
 not-for-profit corporation law, as added by chapter 557 of the  laws  of
 1985,  is  amended and two new subparagraphs 4-a and 4-b and a new para-
 graph (e) are added to read as follows:
   (4) To impose a civil penalty upon a cemetery corporation not  exceed-
 ing  one  thousand  dollars,  after  conducting  an adjudicatory hearing
 pursuant to the  provisions  of  PARAGRAPH  (E)  OF  THIS  SECTION,  AND
 CONSISTENT  WITH  THE  PROVISIONS  OF the state administrative procedure
 act, for a violation of or a  failure  to  comply  with  any  provisions
 contained  in  this article or any regulation, directive or order of the
 board, and without the need to  maintain  a  civil  action  pursuant  to
 subdivision  five of this paragraph. (4-A) TO ADOPT REASONABLE RULES AND
 REGULATIONS REQUIRING THAT  EACH  CEMETERY  CORPORATION  SHALL  CARRY  A
 LIABILITY INSURANCE POLICY THAT PROVIDES COVERAGE WITH RESPECT TO CLAIMS
 ARISING  OUT  OF THE DEATH OR BODILY INJURY OF ANY PERSON AS A RESULT OF
 THE COLLAPSE OF ANY MONUMENT, EMBELLISHMENT OR OTHER MARKER ON  A  PLOT,
 LOT  OR PART THEREOF, REGARDLESS OF WHETHER ANY SUCH COLLAPSE WAS CAUSED
 BY AN ACT OF VANDALISM COMMITTED BY A PERSON OTHER THAN THE CLAIMANT, IN
 SUCH AMOUNTS AS THE BOARD DETERMINES TO BE ADEQUATE  FOR  SUCH  PURPOSE.
 (4-B)  TO  ADOPT REASONABLE RULES AND REGULATIONS REQUIRING THE APPROVAL
 OF A LICENSED ENGINEER PRIOR TO:   THE  EXCAVATION  OF  ANY  GRAVE,  THE
 CONSTRUCTION, INSTALLATION OR REMOVAL OF ANY MAUSOLEUM, VAULT, COLUMBAR-
 IUM  OR OTHER SIMILAR STRUCTURE, THE POURING OF CONCRETE FOR FOUNDATION,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00846-02-3
 S. 1616                             2
              

 
 AND OTHER CONSTRUCTION OR MAINTENANCE ACTIVITIES INVOLVING  THE  USE  OF
 HEAVY MACHINERY.
   (E)  COMPLAINT PROCESS. UPON RECEIPT OF A CONSUMER COMPLAINT FORM, THE
 DIVISION OF CEMETERIES SHALL FORWARD  SUCH  COMPLAINT  TO  THE  CEMETERY
 CORPORATION INVOLVED AND CONTACT THE CONSUMER NO LATER THAN THE CLOSE OF
 BUSINESS  ON  THE  DAY  FOLLOWING  THE  DATE  ON WHICH THE COMPLAINT WAS
 RECEIVED. THE CEMETERY CORPORATION SHALL  RESPOND  TO  THE  DIVISION  OF
 CEMETERIES  WITHIN FOURTEEN CALENDAR DAYS AFTER RECEIPT OF SUCH CONSUMER
 COMPLAINT. IF THE INITIAL COMPLAINT IS  NOT  RESOLVED  BY  THE  CEMETERY
 CORPORATION, THE CONSUMER MAY REQUEST THAT THE COMPLAINT BE ESCALATED TO
 THE  CEMETERY  BOARD  FOR  INVESTIGATION  AND RESOLUTION THEREOF. WHEN A
 COMPLAINT IS ESCALATED, THE BOARD MAY TAKE ANY ACTION  IT  DEEMS  NECES-
 SARY, CONSISTENT WITH THE POWERS AND DUTIES OF THE CEMETERY BOARD PURSU-
 ANT  TO  PARAGRAPH  (C) OF THIS SECTION. UPON COMPLETION OF ITS INVESTI-
 GATION, THE BOARD SHALL SEND A WRITTEN RESOLUTION TO THE CONSUMER.
   § 2. Section 1510 of the not-for-profit corporation law is amended  by
 adding a new paragraph (p) to read as follows:
   (P)  PRIVACY AND DIGNITY OF CEMETERY PLOTS. NO CEMETERY CORPORATION OR
 RELIGIOUS CORPORATION HAVING CHARGE AND  CONTROL  OF  A  CEMETERY  SHALL
 INFRINGE  ON  THE  PRIVACY  AND DIGNITY OF THE REMAINS OF DECEASED HUMAN
 BEINGS. CEMETERIES SHALL ENSURE ALL EMPLOYEES AND  THIRD-PARTY  CONTRAC-
 TORS  DISPLAY  PROPER RESPECT FOR THE DECEASED WHEN ON CEMETERY GROUNDS.
 IN THE EVENT THAT CONSTRUCTION  OR  OTHER  ACTIVITY  WHICH  IMPAIRS  THE
 PRIVACY  AND  DIGNITY  OF THE PLOT IS TO TAKE PLACE ON CEMETERY GROUNDS,
 THE CEMETERY CORPORATION SHALL, NOT LESS THAN FOURTEEN DAYS PRIOR TO THE
 COMMENCEMENT  OF  SUCH  CONSTRUCTION  OR  OTHER  ACTIVITY,  NOTIFY  EACH
 AFFECTED  PLOT  OWNER, OWNER'S DISTRIBUTEE OR PERSON FILING AN AFFIDAVIT
 WITH SUCH CORPORATION PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH ONE  OF
 PARAGRAPH (E) OF SECTION FIFTEEN HUNDRED TWELVE OF THIS ARTICLE.
   §  3.  Subparagraph 8 of paragraph (h) of section 1507 of the not-for-
 profit corporation law, as amended by chapter 380 of the laws  of  2000,
 is amended and a new subparagraph 9 is added to read as follows:
   (8)  Nothing contained in this paragraph is to be construed[ as giving
 a cemetery corporation an "insurable interest"  in  monuments  or  other
 embellishments on a plot, lot or part thereof, nor is it meant] to imply
 that  the  cemetery  corporation  has  any  responsibility for repairing
 vandalism damage not covered by this fund, nor for repairing or removing
 out of repair or dilapidated monuments or other markers not owned by the
 cemetery corporation, nor shall it constitute the doing of an  insurance
 business.
   (9)  NOTWITHSTANDING  ANY  CONTRARY PROVISION OF SUBPARAGRAPH EIGHT OF
 THIS PARAGRAPH OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, A CEMETERY
 CORPORATION SHALL HAVE AN "INSURABLE INTEREST" IN  MONUMENTS  AND  OTHER
 EMBELLISHMENTS  ON  A  PLOT,  LOT  OR  PART  THEREOF FOR THE PURPOSES OF
 OBTAINING LIABILITY INSURANCE IN ACCORDANCE  WITH  THE  REQUIREMENTS  OF
 SUBPARAGRAPH  FOUR-A OF PARAGRAPH (C) OF SECTION FIFTEEN HUNDRED FOUR OF
 THIS ARTICLE.
   § 4. Section 1510-b of the not-for-profit corporation law, as added by
 chapter 580 of the laws of 2006, is amended to read as follows:
 § 1510-b. Availability for interment on six-day basis.
   Every cemetery corporation shall be available for interments at  least
 six  days  per week, excluding legal holidays, as set forth in the ceme-
 tery's regulations or in accordance with  its  practices.  Any  cemetery
 which maintains and designates a burial section for persons of a partic-
 ular  religious  belief  must  remain  available  for grave openings and
 interments Sunday through Friday or other six-day period  in  accordance
 S. 1616                             3
 
 with  the  religious and/or ethnic traditions of the persons interred in
 said religious section, AND SHALL REMAIN AVAILABLE  FOR  GRAVE  OPENINGS
 AND  INTERMENTS  OUTSIDE OF NORMAL BUSINESS HOURS IN THE CASE OF PERSONS
 BELONGING TO A RELIGIOUS AND/OR ETHNIC TRADITION THAT REQUIRES BURIAL OR
 INTERMENT  OF  A DECEDENT PRIOR TO SUNSET ON THE DATE OF SUCH DECEDENT'S
 DEATH, PROVIDED THAT ANY  ADDITIONAL  COSTS  INCURRED  BY  THE  CEMETERY
 CORPORATION  AS A RESULT OF SUCH BURIAL OR INTERMENT SHALL BE CHARGEABLE
 TO THE PERSON REQUESTING SUCH SERVICES OUTSIDE OF NORMAL BUSINESS HOURS.
 Nothing in this section  shall  require  a  cemetery  to  provide  grave
 openings  and/or  interments if they are otherwise unable to do so as to
 direct consequence of severe weather conditions or other similar  condi-
 tions.
   §  5.  The  not-for-profit  corporation law is amended by adding a new
 section 1510-d to read as follows:
 § 1510-D. RELIGIOUS INSPECTORS.
   EVERY CEMETERY CORPORATION WHICH MAINTAINS  AND  DESIGNATES  A  BURIAL
 SECTION  FOR  PERSONS  OF  A  PARTICULAR  RELIGIOUS BELIEF AND/OR ETHNIC
 TRADITION SHALL APPOINT A PERSON HAVING AUTHORITY FROM, OR IN ACCORDANCE
 WITH, THE RULES AND REGULATIONS GOVERNING SUCH RELIGIOUS  BELIEF  AND/OR
 ETHNIC  TRADITION  TO ENSURE THAT THE CEMETERY IS IN COMPLIANCE WITH THE
 APPLICABLE RULES AND REGULATIONS GOVERNING SUCH RELIGIOUS BELIEF  AND/OR
 ETHNIC  TRADITION  WITH  RESPECT  TO  BURIALS.  EACH INSPECTOR APPOINTED
 PURSUANT TO THIS SECTION SHALL BE MADE IN CONSULTATION WITH THE  MEMBERS
 OF  SUCH  RELIGIOUS BELIEF AND/OR ETHNIC TRADITION FROM THE COMMUNITY IN
 WHICH THE CEMETERY IS LOCATED.
   § 6. Section 1513 of the not-for-profit corporation law is amended  by
 adding a new paragraph (e) to read as follows:
   (E)  DISCLOSURE.  NO CEMETERY CORPORATION SUBJECT TO THE PROVISIONS OF
 THIS ARTICLE SHALL SELL OR CONVEY ANY RIGHT TO USE ANY LOT, PLOT OR PART
 THEREOF TO ANY  PERSON  UNLESS  SUCH  CEMETERY  CORPORATION  SHALL  HAVE
 DISCLOSED  TO SUCH PERSON THE CONDITION OF THE SOIL UNDER SUCH LOT, PLOT
 OR PART THEREOF, INCLUDING BUT NOT LIMITED TO THE EXISTENCE OF GROUNDWA-
 TER OR ANY OTHER DEFECTS OR PAST DISTURBANCES  WHICH  MAY  SUBSTANTIALLY
 IMPAIR OR ALTER THE NATURAL CONDITION OF THE SOIL.
   §  7.  This  act shall take effect on the thirtieth day after it shall
 have become a law.