Assembly Bill A7652A

Signed By Governor
2019-2020 Legislative Session

Relates to utilizing technology in cemetery lot sales

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S8408 - Signed by Governor

  • 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

Do you support this bill?

Please enter your contact information

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
Votes

Bill Amendments

2019-A7652 - Details

See Senate Version of this Bill:
S8408
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1513, N-PC L

2019-A7652 - Summary

Utilizes the internet for cemetery lot transactions.

2019-A7652 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7652
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 14, 2019
                                ___________
 
 Introduced by M. of A. PAULIN -- 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
   utilizing technology in cemetery lot sales
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (a) of section 1513 of the not-for-profit corpo-
 ration 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 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 corpo-
 ration 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  arti-
 cles. The provisions of this paragraph shall not apply to a person regu-
 larly  employed and supervised by the cemetery corporation OR THE USE OF
 INTERNET WEBSITES WHEREBY A CEMETERY  MAY  THROUGH  A  CONTRACT  WITH  A
 THIRD-PARTY VENDOR, OFFER SUCH GOODS OR SERVICES TO THE PUBLIC FOR WHICH
 A  FEE  FOR SUCH TRANSACTIONS OR ACCESS TO SUCH GOODS OR SERVICES MAY BE
 CHARGED. (4) A violation of this subdivision shall constitute  a  misde-
 meanor  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.

co-Sponsors

2019-A7652A (ACTIVE) - Details

See Senate Version of this Bill:
S8408
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1513, N-PC L

2019-A7652A (ACTIVE) - Summary

Utilizes the internet for cemetery lot transactions.

2019-A7652A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7652--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               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 commit-
   tee
 
 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 ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of section 1513 of the not-for-profit  corpo-
 ration  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  unin-
 corporated 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, direct-
 ly 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.

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.