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A7652Assembly2019-2020 SessionSame asS8408

Allow Online Cemetery Lot Sales

Official title

“Relates to utilizing technology in cemetery lot sales”

Sponsor Amy PaulinAD-88+8 co-sponsorsAffects Economy
Status
Assembly Floor Calendar
Impact
3/10
Low
Outcome
Companion signed

Bill progress

Signed via S8408

What's happening

This bill allows cemetery corporations to contract with third-party vendors to sell plots and related goods online for a fixed transaction fee.

Why it matters

  1. Expands how cemetery plots and related goods can be sold by allowing online sales through third-party vendors, potentially making it easier for consumers to compare options, make purchases remotely, and access more information.

  2. Requires that any transaction fees paid to the third-party vendor must be a fixed fee (not a percentage of the sale or based on the value of the plot or goods), which may help prevent price gouging or conflicts of interest, and encourages transparency in pricing.

  3. Could increase competition and modernize cemetery operations, possibly lowering administrative barriers for smaller cemeteries to offer online sales and improving consumer experience by providing digital access.

  4. Maintains existing consumer protections and oversight by clarifying that violations of these provisions remain a misdemeanor, ensuring that the move to online platforms does not weaken regulatory safeguards for buyers.

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Who cares

Headline styles

Allow Online Cemetery Lot Sales

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Substituted by S8408
  2. Rules report cal.24
  3. Reported
  4. Reported referred to rules
  5. Print number 7652a
  6. Amend and recommit to corporations, authorities and commissions
  7. Referred to corporations, authorities and commissions
  8. Referred to corporations, authorities and commissions

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S8408Senate

Allow Cemetery Sales Online

Signed by Governor · Sponsor Leroy Comrie

Impact 3 · LowSigned into law

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

7652--A

2019-2020 Regular Sessions

IN ASSEMBLY

May 14, 2019

Introduced by M. of A. PAULIN, OTIS -- read once and referred to the Committee on Corporations, Authorities and Commissions -- recommitted to the Committee on Corporations, Authorities and Commissions in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the not-for-profit corporation law, in relation to utilizing technology in cemetery lot sales

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraph (a) 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:

(a) Conveyance of lots. (1) Except as otherwise provided in this [subdivision] paragraph the right to use any lot, plot or part thereof may be sold or conveyed only by the cemetery corporation. (2) It shall be unlawful for any person, firm or corporation to purchase or for a cemetery corporation to sell a lot, plot or part thereof for the purpose of resale. This provision, however, shall not prohibit the sale to its members of lots, plots or parts thereof, or the right to use any lot, plot or part thereof, by a membership or religious corporation or unincorporated association or society which provides burial benefits for its members. (3) It shall be unlawful for a cemetery corporation to pay or offer to pay, or for any person, firm or corporation to receive, directly or indirectly, a commission, bonus, rebate or other things of value for, or in connection with, the sale of any lot, plot or part thereof, or the sale of space in a public mausoleum, or the furnishing by or through the cemetery corporation of any service, merchandise, wares, goods or articles. The provisions of this paragraph shall not apply to a person regularly employed and supervised by the cemetery corporation. (4) Notwithstanding any inconsistent provision of this paragraph, and

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD11567-04-0

A. 7652--A 2

subject to the provisions of section fifteen hundred sixteen of this article, a cemetery corporation may enter into a contract with a thirdparty vendor to create and maintain a website for the purposes of the sale of any lot, plot or part thereof, or the sale of space in a public mausoleum, or the furnishing by or through the cemetery corporation of any service, merchandise, wares, goods or articles. The third-party vendor may charge a fee for a transaction made through this website, provided that a fee for all such transactions is specified in the contract and is not dependent on or related to the value of the lot, goods or services to be sold by the cemetery corporation. (5) A violation of this [subdivision] paragraph shall constitute a misdemeanor and shall be punishable by a fine of not more than five hundred dollars or not more than six months imprisonment or both. Each violation shall constitute a separate offense.

§ 2. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.