Bill Text: NY A00623 | 2013-2014 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced - Dead) 2014-01-08 - referred to health [A00623 Detail]

Download: New_York-2013-A00623-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          623
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. BOYLAND,
         CLARK,  GIBSON, GRAF, HOOPER, PERRY, REILICH, RIVERA, ROBERTS, STEVEN-
         SON, WEISENBERG -- read once and referred to the Committee on Health
       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    S  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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03855-01-3
       A. 623                              2
    1  IN  PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED FIFTY-FOUR
    2  OF THE GENERAL BUSINESS LAW.
    3    S  2.  The  consumer  protection  division shall cause a review of the
    4  effectiveness of the provisions of subdivision 2 of  section  3440-a  of
    5  the  public  health law. Such review shall be presented in the form of a
    6  report. A copy of the report shall be submitted on or before  the  three
    7  hundred  sixty-fifth  day  after this act shall have become a law to the
    8  governor, the temporary president of the  senate,  the  speaker  of  the
    9  assembly,  the minority leader of the senate, and the minority leader of
   10  the assembly. Such report shall contain, at a minimum,  any  legislative
   11  recommendations  to  improve  the  effectiveness  of  the  provisions of
   12  section 3440-a of the public health law.
   13    S 3. This act shall take effect on the sixtieth  day  after  it  shall
   14  have become a law and shall expire and be deemed repealed one year after
   15  such  effective  date.  Effective  immediately,  the addition, amendment
   16  and/or repeal of any rule or regulation necessary for the implementation
   17  of this act on its effective date are authorized and directed to be made
   18  and completed on or before such effective date.