What's happening
This bill allows cemetery corporations in New York to sell lots and related services online through third-party vendors charging fixed transaction fees.
Why it matters
Modernizes cemetery operations by explicitly allowing online sales. , letting cemetery corporations partner with third-party vendors to create and operate websites for selling burial lots, mausoleum spaces, and related goods/services—potentially improving convenience and transparency for consumers.
Imposes consumer protections by requiring fixed, non-percentage-based transaction fees. for online sales, preventing third-party vendors from charging commissions based on the value of the lot or service, which helps curb excessive or hidden fees for grieving families.
Addresses a gap in existing law regarding digital transactions. , clarifying that while most commissions and bonuses are still prohibited to prevent unethical sales practices, the use of third-party technology platforms is allowed under regulated conditions, potentially setting a precedent for other not-for-profit sectors handling sensitive transactions.
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Who cares
Cemetery corporations
The bill would allow them to contract with third-party vendors to create and maintain websites for selling cemetery lots, mausoleum space, goods and services, subject to section 1516.
Website vendors
They could charge transaction fees specified in their cemetery contracts, but those fees could not depend on or relate to the value of the lots, goods or services sold.
Cemetery lot buyers and families arranging burials
The bill would allow cemetery corporations to offer lots, mausoleum space and related goods and services for sale through vendor-maintained websites.
Headline styles
Allow Cemetery Sales Online
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
History
- Signed chap.119
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.24
- Substituted for A7652A
- Referred to corporations, authorities and commissions
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.660
- Reported and committed to rules
- 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.
Allow Online Cemetery Lot Sales
Assembly Floor Calendar · Sponsor Amy Paulin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8408
IN SENATE
May 22, 2020
Introduced by Sen. COMRIE -- 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 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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11567-05-0
S. 8408 2
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.
Sponsor's memo
Title of bill
An act to amend the not-for-profit corporation law, in relation to utilizing technology in cemetery lot sales
Purpose
This bill would modernize certain cemetery operations by providing an option for cemeteries to utilize internet web portals provided contrac- tually by third party vendors to provide sales of cemetery lots and related services subject to certain limitations.
Summary of provisions
This bill would amend and update § 1513 of the Not-for-Profit Corpo- ration Law to provide the option for cemetery corporations to enter into contracts with third party vendors to provide a website or web-based portals for cemeteries to offer their lots and related services such as mausoleums, merchandise, wares, goods or articles, exclusive of monu- ments, per present Section 1516.
Existing law
The existing Not-for-Profit Corporation Law does not contemplate website sales by cemetery corporations or the related transactions necessary to offer these sales.
Justification
The existing statute does not address the sales of cemetery goods or services over the internet as they were not contemplated 50-70 years ago when the statute was originally enacted. New York's regulated nonprofit cemetery corporations need to stay relevant and continue to secure revenue streams to stay solvent and provide perpetual care.
Furthermore, the COVID-19 Pandemic has illuminated the social and public health benefit of being able to shop for these kinds of services online, while socially distant and self-quarantining or under the orders of NY Pause.
This legislation will provide cemeteries the option to provide sales on the internet which would be regulated by contractual obligations and consumer protections already in place under Article 15.
Legislative history
New bill; similar to S5591A of 2019-20.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.