Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 21, 2012 |
committed to rules |
Jun 14, 2012 |
amended on third reading 7373a |
Jun 04, 2012 |
advanced to third reading |
May 31, 2012 |
2nd report cal. |
May 30, 2012 |
1st report cal.930 |
May 02, 2012 |
referred to consumer protection |
Senate Bill S7373
2011-2012 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2011-S7373 - Details
- Current Committee:
- Senate Rules
- Law Section:
- General Business Law
- Laws Affected:
- Amd §454, add §454-a, Gen Bus L
- Versions Introduced in 2013-2014 Legislative Session:
-
S777
2011-S7373 - 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.
2011-S7373 - 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:
2011-S7373 - Bill Text download pdf
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
2011-S7373A (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- General Business Law
- Laws Affected:
- Amd §454, add §454-a, Gen Bus L
- Versions Introduced in 2013-2014 Legislative Session:
-
S777
2011-S7373A (ACTIVE) - 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.
2011-S7373A (ACTIVE) - Sponsor Memo
BILL NUMBER:S7373A 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 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:
2011-S7373A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7373--A Cal. No. 930 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 -- 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.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.