S6108-2011 Actions

• Jan 4, 2012: REFERRED TO CONSUMER PROTECTION

S6108-2011 Meetings

S6108-2011 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.

S6108-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         6108
 I N  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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00723-01-1

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