NY State Senate Bill 2011-S5627

Senate Bill S5627

2011-2012 Legislative Session

Provides alternative pricing methods in the sale and offering of funeral merchandise and services; provides for the repeal after one year

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to health
Jun 07, 2011	referred to health

2011-S5627 (ACTIVE) - Details

See Assembly Version of this Bill:: A8132
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3440-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3295, A623
2015-2016: A2629
2017-2018: A4990
2019-2020: A4027

2011-S5627 (ACTIVE) - Summary

Provides alternative pricing methods in the sale and offering of funeral merchandise and services; provides for repeal after one year; mandates a report by the consumer protection division on the effectiveness of alternative pricing methods.

2011-S5627 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5627

TITLE OF BILL:
An act
to amend the public health law, in relation to the alternative pricing
methods in the sale and offering of funeral merchandise and services;
and providing for the repeal of such provisions upon the expiration
thereof

PURPOSE:
The purpose of this legislation is to enact a one-year study for
package pricing methods for funerals and funeral services and require
the Consumer Protection Board to submit a report to the Governor and
Legislature regarding the implementation of package pricing in New
York State.

SUMMARY OF PROVISIONS:
This bill would enact a one-year study that would amend the public
health law to authorize funeral directors to provide price
information to consumers in a package format in addition to the
current required item pricing list. Monuments and memorials as
defined in paragraph (b) of section 454 of the General Business Law
would be exempt from the provisions of this Act.

Additionally, the Consumer Protection Board shall, within one year,
study the effectiveness of this act and present its findings in a

report to the Governor and the Legislature.

JUSTIFICATION:
Forty-nine states and the Federal Trade Commission recognize and allow
funeral directors to offer package funeral services to all consumers.
Only New York State restricts pricing information solely to an
itemized list for consumers other than members of not-for-profit
corporations.

This bill would enact a one-year study of package pricing in New York
State. The Consumer Protection Board would be required to review any
complaints or issues relating to the implementation of package pricing
and report the findings to the Governor and the Legislature within
one year.

This legislation would also direct the Health Commissioner to develop
and implement rules and regulations necessary for the implementation
of package pricing. Under this proposal a consumer would be allowed
to choose from a list of itemized services or from a package of
services.

This bill would simply allow consumers to have an opportunity to
choose only the specific itemized services they need or desire or to
choose additional services at a package price. Consumer protection
would be maintained as any funeral home that would offer package
pricing must also provide customers the option to purchase goods and
services on an itemized basis. Monuments and memorials would be
exempt from this Act.


All regulations of the Department of Health as well as the Federal
Trade Commission regarding consumer protection would be maintained

LEGISLATIVE HISTORY:
Similar legislation introduced in 2004 A.10986/S.7237.

FISCAL IMPLICATIONS:
None

EFFECTIVE DATE:
60 days after enactment and shall be repealed in one year.

2011-S5627 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5627

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 7, 2011
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation  to  the  alternative
  pricing  methods  in  the sale and offering of funeral merchandise and
  services; and providing for the repeal of  such  provisions  upon  the
  expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3440-a of the public  health  law,  as  amended  by
chapter 534 of the laws of 1983, is amended to read as follows:
  S  3440-a.  Statement  to  be  furnished  by certain licensed persons,
funeral directors and funeral firms when funeral arrangements are  made.
1.  Every  person  licensed  pursuant to this article, including funeral
directors and funeral firms, shall furnish at the time funeral  arrange-
ments  are  made  for the care and disposition of the body of a deceased
person, a written statement showing thereon the price  of  the  funeral,
which  shall include an itemized list of the services and merchandise to
be furnished for such price and a statement of  the  cash  advances  and
expenditures to be advanced.
  2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
FUNERAL FIRMS MAY OFFER PACKAGES OF GOODS AND SERVICES, AS LONG AS  THEY
ARE  OFFERED  IN ADDITION TO, AND NOT IN PLACE OF, ITEMIZED PRICES. IF A
PACKAGE OFFERING IS SELECTED BY THE PERSON MAKING FUNERAL  ARRANGEMENTS,
THE  CHARGES MUST BE LISTED AND PROVIDED TO THE PERSON ON AN ITEMIZATION
STATEMENT. PACKAGE PRICES MUST BE BROKEN DOWN AND LISTED BY THEIR COMPO-
NENT PARTS ON SUCH ITEMIZATION STATEMENT, EXCEPT FOR DIRECT  CREMATIONS,
DIRECT  BURIALS,  FORWARDING  OF  REMAINS  AND RECEIVING OF REMAINS. THE
PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY MEMORIALS  AS  DEFINED
IN  PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED FIFTY-FOUR
OF THE GENERAL BUSINESS LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09538-02-1

S. 5627                             2

  S 2. The consumer protection division shall  cause  a  review  of  the
effectiveness  of  the  provisions of subdivision 2 of section 3440-a of
the public health law. Such review shall be presented in the form  of  a
report.  A  copy of the report shall be submitted on or before the three
hundred  sixty-fifth  day  after this act shall have become a law to the
governor, the temporary president of the  senate,  the  speaker  of  the
assembly,  the minority leader of the senate, and the minority leader of
the assembly. Such report shall contain, at a minimum,  any  legislative
recommendations  to  improve  the  effectiveness  of  the  provisions of
section 3440-a of the public health law.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law and shall expire and be deemed repealed one year after
such  effective  date.  Effective  immediately,  the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized and directed to be made
and completed on or before such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.