senate Bill S777A

Signed By Governor
2013-2014 Legislative Session

Prohibits the unsolicited sale of memorials and monuments

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Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 14, 2013 signed chap.469
Nov 01, 2013 delivered to governor
Jun 20, 2013 returned to senate
passed assembly
Jun 18, 2013 ordered to third reading rules cal.399
substituted for a309a
Jun 17, 2013 referred to codes
delivered to assembly
passed senate
Jun 10, 2013 amended on third reading 777a
May 01, 2013 advanced to third reading
Apr 30, 2013 2nd report cal.
Apr 29, 2013 1st report cal.440
Jan 09, 2013 referred to consumer protection

S777 - Details

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

S777 - 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.

S777 - Sponsor Memo

S777 - Bill Text download pdf

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

                                   777

                       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

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.

S777A (ACTIVE) - Details

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

S777A (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.

S777A (ACTIVE) - Sponsor Memo

S777A (ACTIVE) - Bill Text download pdf

                    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

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