NY State Senate Bill S8408

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 (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2020	signed chap.119
Jun 05, 2020	delivered to governor
May 27, 2020	returned to senate passed assembly ordered to third reading rules cal.24 substituted for a7652a referred to corporations, authorities and commissions delivered to assembly passed senate ordered to third reading cal.660
May 26, 2020	reported and committed to rules
May 22, 2020	referred to corporations, authorities and commissions

Votes

view votes

May 27, 2020 - floor Vote

S8408

floor

Aye

Nay

Absent

Excused

Abstained

May 26, 2020 - Corporations, Authorities and Commissions committee Vote

S8408

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 24, 2020 - Rules committee Vote

S8408

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S8408 (ACTIVE) - Details

See Assembly Version of this Bill:: A7652
Law Section:: Not-for-Profit Corporation Law
Laws Affected:: Amd §1513, N-PC L

S8408 (ACTIVE) - Summary

Utilizes the internet for cemetery lot transactions.

S8408 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8408

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the not-for-profit corporation law, in relation to
utilizing technology in cemetery lot sales

 
PURPOSE:

This bill would modernize certain cemetery operations by providing an
option for cemeteries to utilize internet web portals provided contrac-
tually by third party vendors to provide sales of cemetery lots and
related services subject to certain limitations.

 
SUMMARY OF PROVISIONS:

This bill would amend and update § 1513 of the Not-for-Profit Corpo-
ration Law to provide the option for cemetery corporations to enter into
contracts with third party vendors to provide a website or web-based
portals for cemeteries to offer their lots and related services such as

mausoleums, merchandise, wares, goods or articles, exclusive of monu-
ments, per present Section 1516.

 
EXISTING LAW:

The existing Not-for-Profit Corporation Law does not contemplate website
sales by cemetery corporations or the related transactions necessary to
offer these sales.

 
JUSTIFICATION:

The existing statute does not address the sales of cemetery goods or
services over the internet as they were not contemplated 50-70 years ago
when the statute was originally enacted. New York's regulated nonprofit
cemetery corporations need to stay relevant and continue to secure
revenue streams to stay solvent and provide perpetual care.

Furthermore, the COVID-19 Pandemic has illuminated the social and public
health benefit of being able to shop for these kinds of services online,
while socially distant and self-quarantining or under the orders of NY
Pause.

This legislation will provide cemeteries the option to provide sales on
the internet which would be regulated by contractual obligations and
consumer protections already in place under Article 15.

 
LEGISLATIVE HISTORY:

New bill; similar to S5591A of 2019-20.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S8408 (ACTIVE) - Bill Text download pdf


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

                                  8408

                            I N  S E N A T E

                              May 22, 2020
                               ___________

Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

AN  ACT  to  amend  the  not-for-profit  corporation law, in relation to
  utilizing technology in cemetery lot sales

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

  Section  1. Paragraph (a) of section 1513 of the not-for-profit corpo-
ration law, as added by chapter 871 of the laws of 1977, is  amended  to
read as follows:
  (a)  Conveyance  of  lots.  (1)  Except  as otherwise provided in this
[subdivision] PARAGRAPH the right to use any lot, plot or  part  thereof
may  be  sold or conveyed only by the cemetery corporation. (2) It shall
be unlawful for any person, firm or corporation to  purchase  or  for  a
cemetery corporation to sell a lot, plot or part thereof for the purpose
of  resale.  This provision, however, shall not prohibit the sale to its
members of lots, plots or parts thereof, or the right to  use  any  lot,
plot  or part thereof, by a membership or religious corporation or unin-
corporated association or society which provides burial benefits for its
members. (3) It shall be unlawful for a cemetery corporation to  pay  or
offer to pay, or for any person, firm or corporation to receive, direct-
ly  or  indirectly, a commission, bonus, rebate or other things of value
for, or in connection with, the sale of any lot, plot or  part  thereof,
or  the  sale  of  space  in a public mausoleum, or the furnishing by or
through the cemetery corporation of  any  service,  merchandise,  wares,
goods or articles. The provisions of this paragraph shall not apply to a
person  regularly  employed  and supervised by the cemetery corporation.
(4) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  THIS  PARAGRAPH,  AND
SUBJECT  TO  THE  PROVISIONS  OF SECTION FIFTEEN HUNDRED SIXTEEN OF THIS
ARTICLE, A CEMETERY CORPORATION MAY ENTER INTO A CONTRACT WITH A  THIRD-
PARTY  VENDOR  TO  CREATE AND MAINTAIN A WEBSITE FOR THE PURPOSES OF THE
SALE OF ANY LOT, PLOT OR PART THEREOF, OR THE SALE OF SPACE IN A  PUBLIC
MAUSOLEUM,  OR  THE FURNISHING BY OR THROUGH THE CEMETERY CORPORATION OF
ANY SERVICE, MERCHANDISE, WARES,  GOODS  OR  ARTICLES.  THE  THIRD-PARTY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD11567-05-0

S. 8408                             2

VENDOR  MAY  CHARGE  A  FEE FOR A TRANSACTION MADE THROUGH THIS WEBSITE,
PROVIDED THAT A FEE FOR  ALL  SUCH  TRANSACTIONS  IS  SPECIFIED  IN  THE
CONTRACT  AND  IS  NOT  DEPENDENT ON OR RELATED TO THE VALUE OF THE LOT,
GOODS  OR  SERVICES  TO  BE  SOLD  BY  THE  CEMETERY  CORPORATION. (5) A
violation of this [subdivision] PARAGRAPH shall constitute a misdemeanor
and shall be punishable by a fine of not more than five hundred  dollars
or  not  more than six months imprisonment or both. Each violation shall
constitute a separate offense.
  § 2. This act shall take effect immediately.

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The New York State Senate

senate Bill S8408

Sponsored By

Archive: Last Bill Status - Signed by Governor

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Votes

May 27, 2020 - floor Vote

Floor Vote: May 27, 2020

May 26, 2020 - Corporations, Authorities and Commissions committee Vote

Corporations, Authorities and Commissions Committee Vote: May 26, 2020

May 24, 2020 - Rules committee Vote

Rules Committee Vote: May 24, 2020

Co-Sponsors

S8408 (ACTIVE) - Details

S8408 (ACTIVE) - Summary

S8408 (ACTIVE) - Sponsor Memo

S8408 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8408

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Sponsored By

Leroy Comrie

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 27, 2020 - floor Vote

Floor Vote: May 27, 2020

May 26, 2020 - Corporations, Authorities and Commissions committee Vote

Corporations, Authorities and Commissions Committee Vote: May 26, 2020

May 24, 2020 - Rules committee Vote

Rules Committee Vote: May 24, 2020

Co-Sponsors

Joseph P. Addabbo Jr

Brad Hoylman-Sigal

John C. Liu

James Skoufis

S8408 (ACTIVE) - Details

S8408 (ACTIVE) - Summary

S8408 (ACTIVE) - Sponsor Memo

S8408 (ACTIVE) - Bill Text download pdf

Comments