Authorizes the bureau of funeral directing, under the direction of the commissioner of health to investigate claims brought against any person, firm or corporation relating to moneys paid in connection with agreements for funeral merchandise or services; provides that the bureau of funeral directing has the legal authority to investigate and, after due process, levy fines and sanctions on any unlicensed individuals and/or unregistered entities that are falsely acting as or representing themselves to be licensed and/or registered funeral directors and/or funeral firms in violation of the public health law.
S T A T E O F N E W Y O R K
________________________________________________________________________
10861
I N A S S E M B L Y
April 8, 2026
___________
Introduced by M. of A. FALL -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to authorizing the
bureau of funeral directing to investigate any claims of moneys paid
in connection with agreements for funeral merchandise or services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 453 of the general business law is amended by
adding a new subdivision 6-a to read as follows:
6-A. (A) PRIOR TO ANY SPECIAL PROCEEDING COMMENCED BY THE ATTORNEY
GENERAL PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION, THE BUREAU OF
FUNERAL DIRECTING ESTABLISHED UNDER THE DIRECTION OF THE COMMISSIONER OF
HEALTH PURSUANT TO SECTION THIRTY-FOUR HUNDRED ONE OF THE PUBLIC HEALTH
LAW, IN CONSULTATION WITH THE LOCAL DISTRICT ATTORNEY, SHALL INVESTIGATE
ANY CLAIMS BROUGHT AGAINST ANY PERSON, FIRM OR CORPORATION PURSUANT TO
THIS SECTION. AFTER NINETY DAYS OF SUCH INVESTIGATION, ALL RECORDS AND
TRUE COPIES OF ANY AGREEMENTS OF THE ALLEGED VIOLATIONS OF THIS SECTION
SHALL BE TRANSFERRED TO THE ATTORNEY GENERAL.
(B) THE BUREAU OF FUNERAL DIRECTING HAS THE LEGAL AUTHORITY TO INVES-
TIGATE AND, AFTER DUE PROCESS, LEVY FINES AND SANCTIONS ON ANY UNLI-
CENSED INDIVIDUALS AND/OR UNREGISTERED ENTITIES THAT ARE FALSELY ACTING
AS OR REPRESENTING THEMSELVES TO BE LICENSED AND/OR REGISTERED FUNERAL
DIRECTORS AND/OR FUNERAL FIRMS IN VIOLATION OF THE PUBLIC HEALTH LAW.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13713-02-6
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.