S T A T E O F N E W Y O R K
________________________________________________________________________
8278
2023-2024 Regular Sessions
I N A S S E M B L Y
November 27, 2023
___________
Introduced by M. of A. SAYEGH -- read once and referred to the Committee
on Insurance
AN ACT to amend the public health law, in relation to permitting funeral
directors to sell insurance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
3445 to read as follows:
§ 3445. FUNERAL DIRECTING; SALE OF INSURANCE. A FUNERAL ESTABLISHMENT
MAY PROVIDE FOR THE SALE OF INSURANCE BY A PERSON LICENSED UNDER ARTICLE
ELEVEN OF THE INSURANCE LAW. SUCH LICENSED PERSON MAY BE A FUNERAL
DIRECTOR.
§ 2. Paragraph (l) of subdivision 1 of section 3450 of the public
health law, as amended by chapter 642 of the laws of 2019, is amended to
read as follows:
(l) has paid, given, has caused to be paid or given or offered to pay
or to give to any person a commission or other valuable consideration
for the solicitation or procurement, either directly or indirectly, of
funeral patronage, or has accepted any consideration (including without
limitation a commission, rebate, or discount or direct or indirect price
reduction on merchandise from the current value thereof) from any finan-
cial institution or trust company, or agent thereof, with whom the
funeral director deposits funds paid for funeral services in advance of
need pursuant to subdivision one of section four hundred fifty-three of
the general business law except that the funeral director may accept,
from the financial institution, trust company or agent thereof, up to
twenty-five hundredths of one percent of the fee authorized under para-
graph (b) of subdivision three of section four hundred fifty-three of
the general business law for administrative services provided by the
funeral director, or has accepted any consideration (including without
limitation a commission or gift) from any insurer or agent thereof, to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13470-01-3
A. 8278 2
sell, offer or promote the sale of any policy of insurance payable,
expressly or as marketed, at the death of the insured for funeral or
burial expenses EXCEPT WHERE THE FUNERAL DIRECTOR IS LICENSED TO SELL
INSURANCE UNDER ARTICLE ELEVEN OF THE INSURANCE LAW AND SUCH COMPEN-
SATION FROM THE INSURER OR AGENT THEREOF IS FOR THE SALE OF INSURANCE BY
THE FUNERAL DIRECTOR;
§ 3. This act shall take effect immediately.