Senate Bill S8408

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 - 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

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2019-S8408 (ACTIVE) - Details

See Assembly Version of this Bill:
A7652
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1513, N-PC L

2019-S8408 (ACTIVE) - Summary

Utilizes the internet for cemetery lot transactions.

2019-S8408 (ACTIVE) - Sponsor Memo

2019-S8408 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8408
 
                             I N  S E N A T E
 
                               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  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
 SUBJECT  TO  THE  PROVISIONS  OF SECTION FIFTEEN HUNDRED SIXTEEN OF THIS
 ARTICLE, A CEMETERY CORPORATION MAY ENTER INTO A CONTRACT WITH A  THIRD-
 PARTY  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

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