Bill Text: NY S05591 | 2019-2020 | General Assembly | Amended

Bill Title: Utilizes the internet for cemetery lot transactions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2019-06-20 - referred to corporations, authorities and commissions [S05591 Detail]

Download: New_York-2019-S05591-Amended.html

                STATE OF NEW YORK

            Cal. No. 783

                               2019-2020 Regular Sessions

                    IN SENATE

                                       May 8, 2019

        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Corporations,  Authorities
          and  Commissions -- reported favorably from said committee, ordered to
          first and second report, ordered  to  a  third  reading,  amended  and
          ordered reprinted, retaining its place in the order of third reading

        AN  ACT  to  amend  the  not-for-profit  corporation law, in relation to
          utilizing technology in cemetery lot sales

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Paragraph (a) of section 1513 of the not-for-profit corpo-
     2  ration law, as added by chapter 871 of the laws of 1977, is  amended  to
     3  read as follows:
     4    (a)  Conveyance  of  lots.  (1)  Except  as otherwise provided in this
     5  [subdivision] paragraph the right to use any lot, plot or  part  thereof
     6  may  be  sold or conveyed only by the cemetery corporation. (2) It shall
     7  be unlawful for any person, firm or corporation to  purchase  or  for  a
     8  cemetery corporation to sell a lot, plot or part thereof for the purpose
     9  of  resale.  This provision, however, shall not prohibit the sale to its
    10  members of lots, plots or parts thereof, or the right to  use  any  lot,
    11  plot  or part thereof, by a membership or religious corporation or unin-
    12  corporated association or society which provides burial benefits for its
    13  members. (3) It shall be unlawful for a cemetery corporation to  pay  or
    14  offer to pay, or for any person, firm or corporation to receive, direct-
    15  ly  or  indirectly, a commission, bonus, rebate or other things of value
    16  for, or in connection with, the sale of any lot, plot or  part  thereof,
    17  or  the  sale  of  space  in a public mausoleum, or the furnishing by or
    18  through the cemetery corporation of  any  service,  merchandise,  wares,
    19  goods or articles. The provisions of this paragraph shall not apply to a
    20  person  regularly  employed  and supervised by the cemetery corporation.
    21  (4) Notwithstanding any inconsistent  provision  of  this  paragraph,  a
    22  cemetery corporation may enter into a contract with a third-party vendor

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 5591--A                          2

     1  to  create  and  maintain  a website for the purposes of the sale of any
     2  lot, plot or part thereof, or the sale of space in a  public  mausoleum,
     3  or the furnishing by or through the cemetery corporation of any service,
     4  merchandise, wares, goods or articles. The third-party vendor may charge
     5  a  fee  for  a  transaction  made  through this website, provided that a
     6  single fixed fee for all such transactions is specified in the  contract
     7  and  is  not  dependent  on or related to the value of the lot, goods or
     8  services to be sold by the cemetery corporation. (5) A violation of this
     9  [subdivision] paragraph shall constitute  a  misdemeanor  and  shall  be
    10  punishable  by  a fine of not more than five hundred dollars or not more
    11  than six months imprisonment or both. Each violation shall constitute  a
    12  separate offense.
    13    § 2. This act shall take effect immediately.