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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7652

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      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:

     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 the right to use any lot, plot or part thereof may  be  sold
     6  or  conveyed  only by the cemetery corporation. (2) It shall be unlawful
     7  for any person, firm or corporation to purchase or for a cemetery corpo-
     8  ration to sell a lot, plot or part thereof for the  purpose  of  resale.
     9  This  provision,  however, shall not prohibit the sale to its members of
    10  lots, plots or parts thereof, or the right to use any lot, plot or  part
    11  thereof,  by  a  membership  or  religious corporation or unincorporated
    12  association or society which provides burial benefits for  its  members.
    13  (3)  It  shall be unlawful for a cemetery corporation to pay or offer to
    14  pay, or for any person, firm or  corporation  to  receive,  directly  or
    15  indirectly, a commission, bonus, rebate or other things of value for, or
    16  in  connection  with,  the sale of any lot, plot or part thereof, or the
    17  sale of space in a public mausoleum, or the furnishing by or through the
    18  cemetery corporation of any service, merchandise, wares, goods or  arti-
    19  cles. The provisions of this paragraph shall not apply to a person regu-
    20  larly  employed and supervised by the cemetery corporation or the use of
    21  internet websites whereby a cemetery  may  through  a  contract  with  a
    22  third-party vendor, offer such goods or services to the public for which
    23  a  fee  for such transactions or access to such goods or services may be
    24  charged. (4) A violation of this subdivision shall constitute  a  misde-
    25  meanor  and  shall be punishable by a fine of not more than five hundred
    26  dollars or not more than six months imprisonment or both. Each violation
    27  shall constitute a separate offense.
    28    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11567-01-9