S T A T E   O F   N E W   Y O R K
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                                  8132

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 2, 2011
                               ___________

Introduced by M. of A. WEPRIN -- 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:

  Section  1.  Section  3440-a  of  the public health law, as amended by
chapter 534 of the laws of 1983, is amended to read as follows:
  S 3440-a. Statement to  be  furnished  by  certain  licensed  persons,
funeral  directors and funeral firms when funeral arrangements are made.
1. Every person licensed pursuant to  this  article,  including  funeral
directors  and funeral firms, shall furnish at the time funeral arrange-
ments are made for the care and disposition of the body  of  a  deceased
person,  a  written  statement showing thereon the price of the funeral,
which shall include an itemized list of the services and merchandise  to
be  furnished  for  such  price and a statement of the cash advances and
expenditures to be advanced.
  2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
FUNERAL  FIRMS MAY OFFER PACKAGES OF GOODS AND SERVICES, AS LONG AS THEY
ARE OFFERED IN ADDITION TO, AND NOT IN PLACE OF, ITEMIZED PRICES.  IF  A
PACKAGE  OFFERING IS SELECTED BY THE PERSON MAKING FUNERAL ARRANGEMENTS,
THE CHARGES MUST BE LISTED AND PROVIDED TO THE PERSON ON AN  ITEMIZATION
STATEMENT. PACKAGE PRICES MUST BE BROKEN DOWN AND LISTED BY THEIR COMPO-
NENT  PARTS ON SUCH ITEMIZATION STATEMENT, EXCEPT FOR DIRECT CREMATIONS,
DIRECT BURIALS, FORWARDING OF REMAINS  AND  RECEIVING  OF  REMAINS.  THE
PROVISIONS  OF  THIS SECTION SHALL NOT APPLY TO ANY MEMORIALS AS DEFINED
IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR  HUNDRED  FIFTY-FOUR
OF THE GENERAL BUSINESS LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09538-02-1

              

A. 8132                             2

  S  2.  The  consumer  protection  division shall cause a review of the
effectiveness of the provisions of subdivision 2 of  section  3440-a  of
the  public  health law. Such review shall be presented in the form of a
report. A copy of the report shall be submitted on or before  the  three
hundred  sixty-fifth  day  after this act shall have become a law to the
governor, the temporary president of the  senate,  the  speaker  of  the
assembly,  the minority leader of the senate, and the minority leader of
the assembly. Such report shall contain, at a minimum,  any  legislative
recommendations  to  improve  the  effectiveness  of  the  provisions of
section 3440-a of the public health law.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law and shall expire and be deemed repealed one year after
such  effective  date.  Effective  immediately,  the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized and directed to be made
and completed on or before such effective date.