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A04990 Summary:

MLTSPNSRHooper, Perry, Rivera
Amd 3440-a, Pub Health L
Provides alternative pricing methods in the sale and offering of funeral merchandise and services; provides for repeal after one year; mandates a report by the consumer protection division on the effectiveness of alternative pricing methods.
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A04990 Actions:

02/06/2017referred to health
01/03/2018referred to health
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A04990 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 6, 2017
        Introduced  by  M.  of A. WEPRIN -- Multi-Sponsored by -- M. of A. GRAF,
          HOOPER, PERRY, RIVERA -- read once and referred to  the  Committee  on
        AN  ACT  to  amend the public health law, in relation to the alternative
          pricing methods in the sale and offering of  funeral  merchandise  and
          services;  and  providing  for  the repeal of such provisions upon the
          expiration thereof
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  3440-a  of  the public health law, as amended by
     2  chapter 534 of the laws of 1983, is amended to read as follows:
     3    § 3440-a. Statement to  be  furnished  by  certain  licensed  persons,
     4  funeral  directors and funeral firms when funeral arrangements are made.
     5  1. Every person licensed pursuant to  this  article,  including  funeral
     6  directors  and funeral firms, shall furnish at the time funeral arrange-
     7  ments are made for the care and disposition of the body  of  a  deceased
     8  person,  a  written  statement showing thereon the price of the funeral,
     9  which shall include an itemized list of the services and merchandise  to
    10  be  furnished  for  such  price and a statement of the cash advances and
    11  expenditures to be advanced.
    12    2. Notwithstanding the provisions of subdivision one of this  section,
    13  funeral  firms may offer packages of goods and services, as long as they
    14  are offered in addition to, and not in place of, itemized prices.  If  a
    15  package  offering is selected by the person making funeral arrangements,
    16  the charges must be listed and provided to the person on an  itemization
    17  statement. Package prices must be broken down and listed by their compo-
    18  nent  parts on such itemization statement, except for direct cremations,
    19  direct burials, forwarding of remains  and  receiving  of  remains.  The
    20  provisions  of  this section shall not apply to any memorials as defined
    21  in paragraph (b) of subdivision one of section four  hundred  fifty-four
    22  of the general business law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 4990                             2
     1    §  2.  The  consumer  protection  division shall cause a review of the
     2  effectiveness of the provisions of subdivision 2 of  section  3440-a  of
     3  the  public  health law. Such review shall be presented in the form of a
     4  report. A copy of the report shall be submitted on or before  the  three
     5  hundred  sixty-fifth  day  after this act shall have become a law to the
     6  governor, the temporary president of the  senate,  the  speaker  of  the
     7  assembly,  the minority leader of the senate, and the minority leader of
     8  the assembly. Such report shall contain, at a minimum,  any  legislative
     9  recommendations  to  improve  the  effectiveness  of  the  provisions of
    10  section 3440-a of the public health law.
    11    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    12  have become a law and shall expire and be deemed repealed one year after
    13  such  effective  date.  Effective  immediately,  the addition, amendment
    14  and/or repeal of any rule or regulation necessary for the implementation
    15  of this act on its effective date are authorized to be made on or before
    16  such effective date.
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