Bill Text: NY A07652 | 2019-2020 | General Assembly | Amended

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Bill Title: Utilizes the internet for cemetery lot transactions.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Passed) 2020-06-17 - SIGNED CHAP.119 [A07652 Detail]

Download: New_York-2019-A07652-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7652--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      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:

     1    Section 1. Paragraph (a) of section 1513 of the not-for-profit  corpo-
     2  ration  law,  as added by chapter 871 of the laws of 1977, is amended to
     3  read as follows:
     4    (a) Conveyance of lots. (1)  Except  as  otherwise  provided  in  this
     5  [subdivision]  paragraph  the right to use any lot, plot or part thereof
     6  may be sold or conveyed only by the cemetery corporation. (2)  It  shall
     7  be  unlawful  for  any  person, firm or corporation to purchase or for a
     8  cemetery corporation to sell a lot, plot or part thereof for the purpose
     9  of resale. This provision, however, shall not prohibit the sale  to  its
    10  members  of  lots,  plots or parts thereof, or the right to use any lot,
    11  plot or part thereof, by a membership or religious corporation or  unin-
    12  corporated association or society which provides burial benefits for its
    13  members.  (3)  It shall be unlawful for a cemetery corporation to pay or
    14  offer to pay, or for any person, firm or corporation to receive, direct-
    15  ly or indirectly, a commission, bonus, rebate or other things  of  value
    16  for,  or  in connection with, the sale of any lot, plot or part thereof,
    17  or the sale of space in a public mausoleum,  or  the  furnishing  by  or
    18  through  the  cemetery  corporation  of any service, merchandise, wares,
    19  goods or articles. The provisions of this paragraph shall not apply to a
    20  person regularly employed and supervised by  the  cemetery  corporation.
    21  (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.
                                                                   LBD11567-04-0
        A. 7652--A                          2

     1  subject to the provisions of section fifteen  hundred  sixteen  of  this
     2  article,  a cemetery corporation may enter into a contract with a third-
     3  party vendor to create and maintain a website for the  purposes  of  the
     4  sale  of any lot, plot or part thereof, or the sale of space in a public
     5  mausoleum, or the furnishing by or through the cemetery  corporation  of
     6  any  service,  merchandise,  wares,  goods  or articles. The third-party
     7  vendor may charge a fee for a transaction  made  through  this  website,
     8  provided  that  a  fee  for  all  such  transactions is specified in the
     9  contract and is not dependent on or related to the  value  of  the  lot,
    10  goods  or  services  to  be  sold  by  the  cemetery  corporation. (5) A
    11  violation of this [subdivision] paragraph shall constitute a misdemeanor
    12  and shall be punishable by a fine of not more than five hundred  dollars
    13  or  not  more than six months imprisonment or both. Each violation shall
    14  constitute a separate offense.
    15    § 2. This act shall take effect immediately.