Bill S6108-2011

Removes sunset provisions of chapter 557 of the laws of 2001 relating to pre-need funeral services

Removes the sunset provisions of chapter 557 of the laws of 2001 relating to pre-need funeral services.

Details

Actions

  • Jan 4, 2012: REFERRED TO CONSUMER PROTECTION

Meetings

Memo

BILL NUMBER:S6108

TITLE OF BILL:

An act to amend chapter 557 of the laws of 2001 amending the general business law, the public health law and the insurance law relating to clarifying provisions pertaining to pre-need funeral services, in relation to the effectiveness thereof

PURPOSE:

To make permanent Chapter 557 of the Laws of 2001, which increased consumer protection for monies used towards funeral goods and services.

SUMMARY OF PROVISIONS:

Section 1. Amends Section 6 of the Laws of 2001 amending the General Business Law, to remove the sunset provision and make permanent Chapter 557.

JUSTIFICATION:

Chapter 557 of the Laws of 2001, increased consumer protection for monies used towards funeral goods and services. Specifically, it requires all money used to purchase funeral merchandise to be held in trust in an interest bearing account, prohibits funeral directors from accepting any consideration from an insurance company for the promotion of an insurance policy that is payable at the death of the insured for burial or funeral expenses, and prohibits any company from giving any consideration to a funeral firm for the purpose of inducing the sale of any contract or policy.

New York's funeral law is one of the strongest in the nation with regard to the protection of consumer rights. Chapter 557 of the Laws of 2001, increased the strength of New York's law. This provision has been in full force and effect since December 12, 2001, and should be made permanent.

LEGISLATIVE HISTORY:

2007-2008: S.3887 - referred to Consumer Protection

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6108 IN SENATE (PREFILED) January 4, 2012 ___________
Introduced by Sens. ROBACH, DeFRANCISCO, GRIFFO, LARKIN, LAVALLE, LIBOUS, MAZIARZ, RANZENHOFER, SEWARD -- read twice and ordered print- ed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend chapter 557 of the laws of 2001 amending the general business law, the public health law and the insurance law relating to clarifying provisions pertaining to pre-need funeral services, in relation to the effectiveness thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 6 of chapter 557 of the laws of 2001 amending the general business law, the public health law and the insurance law relat- ing to clarifying provisions pertaining to pre-need funeral services, as amended by chapter 78 of the laws of 2007, is amended to read as follows: S 6. This act shall take effect 30 days after it shall have become a law [provided, however sections 3 and 4 of this act shall expire, be deemed repealed and shall cease to be of any force or effect after June 1, 2012]. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after December 12, 2001.

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