S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8278
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 27, 2023
                                ___________
 
 Introduced by M. of A. SAYEGH -- read once and referred to the Committee
   on Insurance
 
 AN ACT to amend the public health law, in relation to permitting funeral
   directors to sell insurance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The public health law is amended by adding  a  new  section
 3445 to read as follows:
   §  3445. FUNERAL DIRECTING; SALE OF INSURANCE. A FUNERAL ESTABLISHMENT
 MAY PROVIDE FOR THE SALE OF INSURANCE BY A PERSON LICENSED UNDER ARTICLE
 ELEVEN OF THE INSURANCE LAW. SUCH  LICENSED  PERSON  MAY  BE  A  FUNERAL
 DIRECTOR.
   §  2.  Paragraph  (l)  of  subdivision 1 of section 3450 of the public
 health law, as amended by chapter 642 of the laws of 2019, is amended to
 read as follows:
   (l) has paid, given, has caused to be paid or given or offered to  pay
 or  to  give  to any person a commission or other valuable consideration
 for the solicitation or procurement, either directly or  indirectly,  of
 funeral  patronage, or has accepted any consideration (including without
 limitation a commission, rebate, or discount or direct or indirect price
 reduction on merchandise from the current value thereof) from any finan-
 cial institution or trust company,  or  agent  thereof,  with  whom  the
 funeral  director deposits funds paid for funeral services in advance of
 need pursuant to subdivision one of section four hundred fifty-three  of
 the  general  business  law except that the funeral director may accept,
 from the financial institution, trust company or agent  thereof,  up  to
 twenty-five  hundredths of one percent of the fee authorized under para-
 graph (b) of subdivision three of section four  hundred  fifty-three  of
 the  general  business  law  for administrative services provided by the
 funeral director, or has accepted any consideration  (including  without
 limitation  a  commission or gift) from any insurer or agent thereof, to

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13470-01-3
              

 A. 8278                             2
 
 sell, offer or promote the sale of  any  policy  of  insurance  payable,
 expressly  or  as  marketed,  at the death of the insured for funeral or
 burial expenses EXCEPT WHERE THE FUNERAL DIRECTOR IS  LICENSED  TO  SELL
 INSURANCE  UNDER  ARTICLE  ELEVEN  OF THE INSURANCE LAW AND SUCH COMPEN-
 SATION FROM THE INSURER OR AGENT THEREOF IS FOR THE SALE OF INSURANCE BY
 THE FUNERAL DIRECTOR;
   § 3. This act shall take effect immediately.