senate Bill S7373

Amended

Prohibits the unsolicited sale of memorials and monuments

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 02 / May / 2012
    • REFERRED TO CONSUMER PROTECTION
  • 30 / May / 2012
    • 1ST REPORT CAL.930
  • 31 / May / 2012
    • 2ND REPORT CAL.
  • 04 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 14 / Jun / 2012
    • AMENDED ON THIRD READING 7373A
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Prohibits the unsolicited sale of memorials and monuments unless such offer has first been solicited by the individual to which it is sent; provides an exception where such an offer is permissible where, in large, bold-face type at the top of such offer, "SOLICITATION" is clearly printed; imposes civil penalties for violations thereof.

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Bill Details

Versions:
S7373
S7373A
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §454, add §454-a, Gen Bus L
Versions Introduced in 2011-2012 Legislative Cycle:
A10375A

Votes

9
0
9
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Consumer Protection committee vote details

Sponsor Memo

BILL NUMBER:S7373

TITLE OF BILL:
An act
to amend the general business law, in relation to the sale of
monuments and memorials

PURPOSE:
This bill is meant to ensure that unsolicited offers for monuments and
memorials are clearly marked as solicitations and that the offer
contains all pertinent details with regard to the monument or
memorial being offered.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 454 of the General Business Law
(GBL) to require that a contract for a memorial or monument include a
certificate of quality

Section 2 of the bill creates a new section 454-a of the GBL
(Unsolicited offers for monuments or memorials) which requires that
unsolicited offers be clearly labeled as solicitations and that the
offer includes all pertinent details with regard to the monument or
memorial; additionally, the attorney general is authorized to take
action to enforce these provisions.

EXISTING LAW:
Section 454 of the GBL requires information such as dimensions,
wording, layout, total price, etc. be included in a contract for a
monument or memorial; there is no such analogous requirement for
offers for monuments or memorials.

JUSTIFICATION:
The purpose of this bill is to assure that the families of the
recently deceased are able to recognize the nature and details of the
sometimes numerous offers for monuments or memorials which arrive
unsolicited after a death. This bill would require virtually the same
information be included within such an offer as is required currently
for a completed contract. Additionally, the
fact that the offer is a solicitation would be required to be
conspicuously noted. These simple requirements will provide families
with all the information necessary to recognize the nature of and to
assess the value of offers of this type.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediate.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7373

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN  ACT  to  amend  the general business law, in relation to the sale of
  monuments and memorials

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 2 of section 454 of the general business law,
as amended by chapter 390 of the laws of 2007, is  amended  to  read  as
follows:
  2.  Each  sale  of  a  memorial  shall  only be evidenced by a written
contract which shall be signed by all the parties to the contract, which
shall be dated, and which shall be completely separate and  may  not  be
included  in  any other contract, agreement, purchase order, price list,
itemization of funeral services and merchandise selected or  like  docu-
ment reflecting the purchase by a consumer of any other real or personal
property  or service related to the burial, cremation, or other disposi-
tion of the remains of a deceased person. For purposes of this  section,
the pourer of a foundation shall not be considered the seller of a foun-
dation.  Such  separate  contract shall be prepared, completed and main-
tained in accordance with this section for every memorial sale,  includ-
ing  a  foundation  therefor, and shall be the only contractual document
prepared in connection with such sale. Provided however in the  case  of
the  sale  of  a monument or memorial made at the same time as a preneed
sale of funeral goods or services, a one page document  summarizing  the
transaction  shall  be  given to the consumer in addition to, but not in
lieu of, the separate contract required by this section.    A  full  and
complete  copy  of  such  contract shall be given to the consumer by the
seller at the time of purchase of such memorial, and shall  be  retained
by  the  seller  for  a  period of at least three years from the date of
sale. Said contract shall contain at least the following:
  (a) the name, address and telephone number of the seller of the  memo-
rial;
  (b) the name, address and telephone number of the consumer;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15372-01-2

S. 7373                             2

  (c)  the full name of the individual to be memorialized and, if known,
the date of such individual's death;
  (d)  a  full description of the memorial, including the material to be
provided, the dimensions of the finished memorial, a sketch  or  drawing
of the proposed memorial, the wording of any inscription on such memori-
al  including  the approximate layout thereof, [and] the method of SAND-
BLASTING OR engraving of such inscription, AND A CERTIFICATE OF QUALITY,
DETAILING COUNTRY OR STATE OF ORIGIN;
  (e)  the  approximate  date  when  the  memorial  is  expected  to  be
completed;
  (f)  the  name  of the cemetery in which the memorial is to be placed,
together with the location of the plot or grave, if known, AND THE  NAME
OF THE OWNER OF THE PLOT; and
  (g) a full disclosure of each of the following: the price of the memo-
rial;  applicable sales tax, if any; the charge made by the cemetery for
the foundation; any charges for  additional  work,  provided  that  such
additional  work  is  clearly described in the contract and such charges
are itemized; the total  price  as  contracted;  and  the  schedule  for
payment, if any.
  S 2. The general business law is amended by adding a new section 454-a
to read as follows:
  S  454-A.  UNSOLICITED  OFFERS  FOR  MONUMENTS OR MEMORIALS. 1. (A) IT
SHALL BE UNLAWFUL TO PROVIDE ANY OFFER FOR MONUMENTS OR MEMORIALS UNLESS
SUCH OFFER HAS FIRST BEEN SOLICITED BY THE INDIVIDUAL  TO  WHICH  IT  IS
SENT.  (B)  PROVIDED,  HOWEVER,  SUCH  AN OFFER IS PERMISSIBLE WHERE, IN
LARGE, BOLD-FACE TYPE AT THE TOP OF SUCH OFFER, "SOLICITATION" IS CLEAR-
LY PRINTED.
  2. AN OFFER PROVIDED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION  ONE  OF
THIS SECTION SHALL ADDITIONALLY PROVIDE: A FULL DESCRIPTION OF THE MEMO-
RIAL,  INCLUDING  THE  MATERIAL  TO  BE  PROVIDED, THE DIMENSIONS OF THE
FINISHED MEMORIAL, A SKETCH OR DRAWING OF  THE  PROPOSED  MEMORIAL,  THE
WORDING  OF  ANY  INSCRIPTION ON SUCH MEMORIAL INCLUDING THE APPROXIMATE
LAYOUT THEREOF, THE METHOD OF  ENGRAVING  OF  SUCH  INSCRIPTION,  AND  A
CERTIFICATE  OF QUALITY DETAILING COUNTRY OR STATE OF ORIGIN, AS WELL AS
A FULL DISCLOSURE OF EACH OF THE FOLLOWING: THE PRICE OF  THE  MEMORIAL;
APPLICABLE  SALES  TAX,  IF ANY; THE CHARGE MADE BY THE CEMETERY FOR THE
FOUNDATION; ANY CHARGES FOR ADDITIONAL WORK, PROVIDED  THAT  SUCH  ADDI-
TIONAL WORK IS CLEARLY DESCRIBED IN THE OFFER AND SUCH CHARGES ARE ITEM-
IZED; THE TOTAL PRICE AS OFFERED; AND THE SCHEDULE FOR PAYMENT, IF ANY.
  3.  WHENEVER  THERE  SHALL  BE  A  VIOLATION OF THE PROVISIONS OF THIS
SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE  NAME
OF  THE  PEOPLE  OF  THE  STATE OF NEW YORK TO A COURT OR JUSTICE HAVING
JURISDICTION TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE  OF  THE
VIOLATION.  IF  IT  SHALL APPEAR TO THE SATISFACTION OF THE COURT OR THE
JUSTICE THAT THE DEFENDANT HAS VIOLATED THIS SECTION, AN INJUNCTION  MAY
BE ISSUED BY THE COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER
VIOLATION,  WITHOUT  REQUIRING  PROOF  THAT ANY PERSON HAS, IN FACT BEEN
INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT  MAY  MAKE
ALLOWANCES  TO  THE  ATTORNEY  GENERAL  AS  PROVIDED IN PARAGRAPH SIX OF
SUBDIVISION (A) OF SECTION EIGHT THOUSAND THREE  HUNDRED  THREE  OF  THE
CIVIL  PRACTICE LAW AND RULES AND DIRECT RESTITUTION. IN CONNECTION WITH
ANY SUCH PROPOSED APPLICATION, THE ATTORNEY  GENERAL  IS  AUTHORIZED  TO
TAKE  PROOF  AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE
SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.  WHENEVER
THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED,

S. 7373                             3

THE COURT MAY IMPOSE A CIVIL PENALTY OF UP TO FIVE HUNDRED  DOLLARS  FOR
THE  FIRST  VIOLATION  AND  UP TO ONE THOUSAND DOLLARS FOR THE SECOND OR
SUBSEQUENT VIOLATION WITHIN AN EIGHTEEN MONTH PERIOD.
  S 3. This act shall take effect immediately.

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