•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A05022 Summary:

BILL NOA05022
 
SAME ASSAME AS S04071
 
SPONSORDinowitz
 
COSPNSRGottfried
 
MLTSPNSR
 
Amd 6, Chap 557 of 2001
 
Makes permanent certain provisions relating to pre-need funeral services.
Go to top    

A05022 Actions:

BILL NOA05022
 
02/06/2017referred to consumer affairs and protection
01/03/2018referred to consumer affairs and protection
Go to top

A05022 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5022
 
SPONSOR: Dinowitz
  TITLE OF BILL: An act to amend chapter 557 of the laws of 2001 amend- ing 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 OR GENERAL IDEA OF BILL: To make permanent Chapter 557 of the Laws of 2001 which increased consumer protection for monies used towards funeral goods and services.   SUMMARY OF SPECIFIC 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 perma- nent.   PRIOR LEGISLATIVE HISTORY: 2011-12: A.8434 - Third Reading Cal. No. 457/S.6108 - Referred to Consumer Protection 2009-10: A.6319 - Referred to Consumer Affairs and Protection 2007-08: A.215 - Referred to Consumer Affairs and Protection/S.3887 - Referred to Consumer Protection 2005-06: A.469 - Referred to Consumer Affairs and Protection 2003-04: A.2003 - Passed Assembly/S.2003 - Referred to Consumer Protection   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
Go to top

A05022 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5022
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2017
                                       ___________
 
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Consumer Affairs and 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:
 
     1    Section  1.  Section 6 of chapter 557 of the laws of 2001 amending the
     2  general business law, the public health law and the insurance law relat-
     3  ing to clarifying provisions pertaining to pre-need funeral services, as
     4  amended by chapter 88 of the  laws  of  2012,  is  amended  to  read  as
     5  follows:
     6    §  6.  This act shall take effect 30 days after it shall have become a
     7  law [provided, however sections 3 and 4 of this  act  shall  expire,  be
     8  deemed  repealed and shall cease to be of any force or effect after June
     9  1, 2017, and provided that the department of  financial  services  shall
    10  conduct  a  study  of  funding  pre-arranged funeral services and goods,
    11  examining practices in a minimum of ten other states,  by  use  of  life
    12  insurance,  trust  depositing  or  any other funding mechanism in use or
    13  that would be appropriate. The results of such study shall be  delivered
    14  to the governor and legislature on or before April 15, 2015].
    15    § 2. This act shall take effect immediately.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07924-01-7
Go to top