senate Bill S777A

Signed by Governor

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 by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CONSUMER PROTECTION
  • 29 / Apr / 2013
    • 1ST REPORT CAL.440
  • 30 / Apr / 2013
    • 2ND REPORT CAL.
  • 01 / May / 2013
    • ADVANCED TO THIRD READING
  • 10 / Jun / 2013
    • AMENDED ON THIRD READING 777A
  • 17 / Jun / 2013
    • PASSED SENATE
  • 17 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2013
    • REFERRED TO CODES
  • 18 / Jun / 2013
    • SUBSTITUTED FOR A309A
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.399
  • 20 / Jun / 2013
    • PASSED ASSEMBLY
  • 20 / Jun / 2013
    • RETURNED TO SENATE
  • 01 / Nov / 2013
    • DELIVERED TO GOVERNOR
  • 14 / Nov / 2013
    • SIGNED CHAP.469

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

See Assembly Version of this Bill:
A309A
Versions:
S777
S777A
Legislative Cycle:
2013-2014
Law Section:
General Business Law
Laws Affected:
Amd §454, add §454-a, Gen Bus L
Versions Introduced in 2011-2012 Legislative Cycle:
A10375A, S7373A, A10375A

Sponsor Memo

BILL NUMBER:S777A

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 contain 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
the country or state of origin of such monument or memorial.

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 by mail be clearly labeled as "SOLICITATION"
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 that
the fact that the offer is a solicitation would be required to be
conspicuously noted and that the country or state of origin of such
monument or memorial is included in the contract for a monument or
memorial. 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: 2012: Rules Committee (S. 7373A/A. 10375A)

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after
becoming law.

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

                                 777--A
    Cal. No. 440

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01458-04-3

S. 777--A                           2

  (a)  the name, address and telephone number of the seller of the memo-
rial;
  (b) the name, address and telephone number of the consumer;
  (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 engrav-
ing of such inscription AND THE COUNTRY OR STATE OF ORIGIN OF SUCH MONU-
MENT OR MEMORIAL PROVIDED BY THE MANUFACTURER;
  (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
  (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)  EXCEPT
AS  PROVIDED  IN PARAGRAPH (B) OF THIS SUBDIVISION, IT SHALL BE UNLAWFUL
TO PROVIDE ANY OFFER FOR MONUMENTS OR  MEMORIALS  BY  MAIL  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  CLEARLY
PRINTED.
  2.  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,
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.
  3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO  CEMETERY  CORPO-
RATIONS  AS DEFINED AND REGULATED BY ARTICLE FIFTEEN OF THE NOT-FOR-PRO-
FIT CORPORATION LAW AND THE REGULATIONS PROMULGATED THEREUNDER.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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