What's happening
This bill removes the expiration date for certain provisions related to pre-need funeral services, making them permanent.
Why it matters
Makes consumer protections and regulations for pre-need funeral services permanent. , ensuring ongoing oversight and standards for an industry that handles sensitive financial and personal arrangements.
Removes uncertainty for both consumers and funeral service providers. by eliminating the scheduled expiration of key legal provisions, supporting long-term planning and trust in pre-need contracts.
Prevents a possible regulatory gap. that could have occurred if the provisions were allowed to expire, helping to maintain consistent enforcement and consumer rights regarding pre-paid funeral agreements.
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Who cares
Headline styles
Remove Pre-Need Funeral Rules
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Signed chap.340
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.186
- Substituted for A9070
- Referred to consumer affairs and protection
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.438
Show 1 earlier action
- Referred to consumer protection
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.
End Certain Funeral Rules
Assembly Floor Calendar · Sponsor Richard Gottfried
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7364
IN SENATE
January 22, 2020
Introduced by Sen. THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
AN ACT to amend chapter 557 of the laws of 2001 amending the general business law, the public health law and the insurance law relating to clarifying provisions pertaining to pre-need funeral services, in relation to the effectiveness thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 6 of chapter 557 of the laws of 2001 amending the general business law, the public health law and the insurance law relating to clarifying provisions pertaining to pre-need funeral services, as amended by chapter 32 of the laws of 2017, is amended to read as follows:
§ 6. This act shall take effect 30 days after it shall have become a law [provided, however sections 3 and 4 of this act shall expire, be deemed repealed and shall cease to be of any force or effect after June 30, 2022].
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14643-01-0
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend chapter 557 of the laws of 2001 amending the general business law, the public health law and the insurance law relating to clarifying provisions pertaining to pre-need funeral services, in relation to the effectiveness thereof
Purpose or general idea of bill
Removes the June 30, 2022 sunset to make the prohibition on pre-need funeral insurance permanent.
Summary of specific provisions
Section 1: Removes the sunset of the law prohibiting sale of pre-need funeral insurance. Section 2: Effective date
Justification
A 2001 law prohibits funeral directors from accepting any consideration from an insurance company for the promotion of an insurance policy paya- ble at the death of the insured for burial or funeral expenses. Although consumers routinely purchase traditional life insurance policies to cover their funeral and burial expenses, the sale of "pre-need" funeral insurance is rightfully not allowed under law because of the very real financial risks this type of insurance has shown in other states to hold for consumers and funeral directors alike.
Current law requires that all money used to purchase funeral services and merchandise in advance of need be held in trust in an interest-bear- ing account. One hundred percent of a consumer's funds, together with interest, remains their property under the trust system.
The 2001 law has been extended four times: 2003, 2007, 2012, and 2017. The law is pro-consumer and works both for consumers and funeral direc- tors. Rather than continuing with periodic extenders, it is time to finally make it permanent.
Prior legislative history
New bill
Fiscal implications
None
Effective date
Immediate
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.