Bill Text: NY S08408 | 2019-2020 | General Assembly | Introduced
Bill Title: Utilizes the internet for cemetery lot transactions.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2020-06-17 - SIGNED CHAP.119 [S08408 Detail]
Download: New_York-2019-S08408-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8408 IN SENATE May 22, 2020 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions 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, and 22 subject to the provisions of section fifteen hundred sixteen of this 23 article, a cemetery corporation may enter into a contract with a third- 24 party vendor to create and maintain a website for the purposes of the 25 sale of any lot, plot or part thereof, or the sale of space in a public 26 mausoleum, or the furnishing by or through the cemetery corporation of 27 any service, merchandise, wares, goods or articles. The third-party EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11567-05-0S. 8408 2 1 vendor may charge a fee for a transaction made through this website, 2 provided that a fee for all such transactions is specified in the 3 contract and is not dependent on or related to the value of the lot, 4 goods or services to be sold by the cemetery corporation. (5) A 5 violation of this [subdivision] paragraph shall constitute a misdemeanor 6 and shall be punishable by a fine of not more than five hundred dollars 7 or not more than six months imprisonment or both. Each violation shall 8 constitute a separate offense. 9 § 2. This act shall take effect immediately.
