Bill Text: NY S05539 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to provisions of law prohibiting the sale of cemetery monuments by cemetery corporations.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [S05539 Detail]

Download: New_York-2011-S05539-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5539
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     May 31, 2011
                                      ___________
       Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
         when printed to be committed to the Committee on Corporations, Author-
         ities and Commissions
       AN ACT to repeal section 1516 of  the  not-for-profit  corporations  law
         relating to the sale of monuments by cemetery corporations
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative  findings  and  declarations.  The  legislature
    2  finds  and declares that the state has a vital interest in the viability
    3  of cemeteries as not-for-profit entities, as well as the  protection  of
    4  its  citizens  against  anti-competitive practices when making important
    5  and difficult decisions regarding the burial of loved ones, and of them-
    6  selves in pre-planning situations. The legislature  finds  and  declares
    7  that  the  law  it  passed  in 1998 in an effort to protect its citizens
    8  against the combinations of interests in the  management  of  cemeteries
    9  with interests in the management of funeral homes included a restriction
   10  against cemetery corporations from selling monuments, which has resulted
   11  in an anti-competitive practice. The legislature recognizes the necessi-
   12  ty  of rectifying this anti-competitive result, and also recognizes that
   13  the anti-competitive result has impeded the  ability  of  cemeteries  to
   14  remain financially viable and thus serve a vital state interest.
   15    S 2. Section 1516 of the not-for-profit corporation law is REPEALED.
   16    S  3.  This  act shall take effect on the thirtieth day after it shall
   17  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11875-01-1