S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    496
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by M. of A. HEVESI -- 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
   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. Paragraph (c) of section 1504 of the not-for-profit corpo-
 ration law, as added by chapter 871 of the laws  of  1977,  subparagraph
 2-a  as amended and subparagraph 2-b as added by chapter 565 of the laws
 of 1980, subparagraph 4 as added by chapter 557 of the laws of 1985, and
 subparagraph 5 as renumbered by chapter 557 of  the  laws  of  1985,  is
 amended and a new paragraph (e) is added to read as follows:
   (c)    Powers  and  duties of the cemetery board.  With respect to any
 cemetery or cemetery corporation, the  cemetery  board  shall  have  the
 following  duties  and powers:   (1)  To adopt such reasonable rules and
 regulations as the cemetery board shall deem necessary  for  the  proper
 administration  of  this article.  (2) To order any cemetery corporation
 to do such acts as may be necessary to comply  with  the  provisions  of
 this  article or any rule or regulation adopted by the cemetery board or
 to refrain from doing any act in violation thereof.   (2-a)    To  adopt
 reasonable  rules  and regulations to exempt those cemetery corporations
 from the provisions of paragraph (h) of section fifteen hundred  ten  of
 this [chapter] ARTICLE which because of a limited number of paid employ-
 ees  or  appropriate  resources are unable to carry out such provisions.
 (2-b) To adopt reasonable rules and regulations to extend the time peri-
 od mandated by the  provisions  of  paragraph  (h)  of  section  fifteen
 hundred  ten of this [chapter] ARTICLE when necessary because compliance
 by a cemetery corporation within such time period is impossible. (3)  To
 enforce  its orders by mandamus or injunction in a summary proceeding or
 otherwise. In connection with such action or  proceeding,  the  attorney
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01627-01-5
 A. 496                              2
 
 general  is  authorized  to  take  proof, issue subpoenas and administer
 oaths in the manner provided in the civil practice law and rules. (4) To
 impose a civil penalty upon a cemetery  corporation  not  exceeding  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] SUBPARAGRAPH five of
 this paragraph. (5) To maintain a civil action in the name of the people
 of the state to recover a judgment for a money penalty imposed under the
 provisions of this article.
   (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 TEN BUSINESS  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. Subparagraph 1 of paragraph (e-1) of section 1507 of the not-for-
 profit  corporation law, as added by chapter 608 of the laws of 1985, is
 amended to read as follows:
   (1) [A] ANY cemetery corporation may, AND  ALL  CEMETERY  CORPORATIONS
 PARTIALLY  OR  WHOLLY LOCATED IN A CITY WITH A POPULATION OF ONE MILLION
 OR MORE SHALL, subject to the approval of the cemetery board,  establish
 and maintain a monument maintenance fund. Such a fund is hereby declared
 to be and shall be held by the cemetery corporation as a trust fund, for
 the purpose of providing notice if such monuments are damaged or defaced
 by an act of vandalism and for the restoration of such monuments. Two or
 more  cemetery  corporations  may establish a joint monument maintenance
 fund.
   § 3. Paragraph (a) of section 1510 of the  not-for-profit  corporation
 law, as amended by chapter 20 of the laws of 2021, 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, INCLUDING THE CORPORATION'S REGULATIONS  OF  THE  SPACING
 BETWEEN  PLOTS,  LOTS,  OR  PARTS THEREOF, shall be suitably printed and
 shall be conspicuously posted by the corporation in each of its offices,
 if any, and conspicuously displayed on any website the corporation main-
 tains or through which it conducts business. A printed copy  of  charges
 and  prices  of goods, lots, plots or parts thereof shall be made avail-
 able upon request by any person for up to the actual price of the print-
 ing of the copy. For each day in which the corporation fails to post  or
 display the rules, regulations, charges and prices, INCLUDING THE CORPO-
 RATION'S REGULATIONS OF THE SPACING BETWEEN PLOTS, LOTS, OR PARTS THERE-
 OF, 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,  INCLUDING  THE  CORPO-
 A. 496                              3
 
 RATION'S REGULATIONS OF THE SPACING BETWEEN PLOTS, LOTS, OR PARTS THERE-
 OF, to a person who requests such copy, the corporation 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.
   § 4. Paragraph (b) of section 1513 of the  not-for-profit  corporation
 law,  as added by chapter 871 of the laws of 1977, is amended to read as
 follows:
   (b) Prices for burial rights and instruments of  conveyance.  (1)  The
 directors must fix and determine the prices of the burial lots, plots or
 parts  thereof, and keep a plainly printed copy of the schedules of such
 prices conspicuously posted in each of the offices of  the  corporation,
 open at all reasonable times to inspection, and shall file a schedule of
 such  prices in the office of the cemetery board. (2) Unless its certif-
 icate of incorporation or by-laws otherwise provide, and subject to  its
 rules  and  regulations,  the  corporation  shall sell and convey to any
 person the use of the lots, plots or parts thereof designated on the map
 filed in the office of the corporation, on  payment  of  the  prices  so
 fixed  and  determined,  but need not sell and convey more than one lot,
 plot or part thereof to any one person. Conveyances of lots,  plots  and
 parts  thereof  shall  be  signed by the president or vice-president and
 treasurer or assistant treasurer of the corporation. 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, DIMENSIONS OF SPACING BETWEEN LOTS, PLOTS, OR PARTS THEREOF
 AS  PER  THE  CORPORATION'S RULES AND REGULATIONS, and duties of the lot
 owner. If a lot,  plot  or  part  thereof  is  sold  without  a  written
 contract,  the  corporation shall, before any part of the purchase price
 is paid by the purchaser, deliver to the purchaser a copy of  the  rules
 and  regulations  or  such  parts  thereof  as  would  be required to be
 attached to a  written  contract.  Nothing  in  this  subdivision  shall
 prevent  the  subsequent  amendment  of  such  rules  and regulations to
 increase the charges for services rendered  by  the  corporation  or  in
 other  particulars  by  or  with the consent of the cemetery board under
 section fifteen hundred nine of this article. (3) A cemetery corporation
 that shall sell a lot, plot or part thereof,  in  excess  of  the  price
 shown on the schedule filed in the office of the cemetery board, and any
 person acting for or on behalf of the cemetery corporation in connection
 with  such  sale,  shall  each forfeit to the people of the state of New
 York a sum equivalent to three times the excess  amount  so  paid.  Such
 penalty  may  be  recovered in a civil action by the cemetery board. (4)
 The instrument of conveyance of any burial lot,  plot  or  part  thereof
 shall  include the actual amount paid therefor and a description showing
 the dimensions of the property conveyed, and the  plot  number,  section
 and  block  number  as  they appear on the cemetery map. SUCH INSTRUMENT
 SHALL ALSO INCLUDE THE DIMENSIONS OF SPACING  BETWEEN  PLOTS,  LOTS,  OR
 PARTS THEREOF AS DETERMINED BY THE CORPORATION'S RULES AND REGULATIONS.
   §  5.  This  act shall take effect on the thirtieth day after it shall
 have become a law.