2021 New York Laws
PBH - Public Health
Article 34 - Funeral Directing
Title 3 - Practice of Funeral Directing; Funeral Establishments
3442 - Funeral Directing; Reports Relating to Moneys Paid in Connection With Agreements for Funeral Merchandise or Services in Advance of Need.

Universal Citation:
NY Pub Health L § 3442 (2021)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
§  3442.  Funeral  directing;  reports  relating  to  moneys  paid  in
connection with  agreements  for  funeral  merchandise  or  services  in
advance  of  need.    1. Every person licensed pursuant to this article,
including funeral directors  and  funeral  firms,  receiving  moneys  in
connection  with  agreements  to  furnish  merchandise  or  services  in
connection with a funeral or burial, wherein the merchandise is  not  to
be  delivered  or the personal services rendered until the occurrence of
the death of the person for whose funeral or burial such merchandise  or
services  are  to  be  furnished,  shall  comply  with the provisions of
section four hundred fifty-three of the general business law, furnish  a
preneed  statement  to  the  person  making such payment describing such
services  and  merchandise  offered  on  a  form   prescribed   by   the
commissioner  and  shall  maintain current records of the persons making
such payments or receiving such merchandise or services or  having  been
repaid  moneys  and  shall maintain true copies of such agreements. Such
records and true copies  of  agreements  shall  be  made  available  for
inspection  and  shall  be made available during ordinary business hours
for copying upon written request by  the  commissioner  or  his  or  her
representative  in  connection  with  any investigation pursuant to this
article. Copies  shall  only  be  requested  where  the  department  has
received  a  complaint,  either oral or written, or where the department
inspector has grounds to believe that serious or  repeat  violations  of
this section have occurred.
  2.  Only a funeral firm having a valid registration issued pursuant to
paragraph  (c)  of  subdivision  two  of  section  thirty-four   hundred
twenty-eight of this article or their duly authorized agent, may receive
and  hold  moneys  in  trust  which have been paid in connection with an
agreement as described in subdivision one of this section.
  3. (a) Upon the sale or other transfer of any  funeral  firm,  or  the
transfer  of  control  over  such  moneys, both the new owner and former
owner or the estate of the former owner, or both the  persons  currently
and  formerly  having control over such moneys, shall within thirty days
of such sale or transfer, notify, in writing, each such person  who  has
paid  moneys  of the sale or transfer, including the name and address of
the new and former owner.  Compliance  with  the  requirements  of  this
subdivision  shall  constitute  compliance  with  the  same notification
requirements  found  in  subdivision  five  of  section   four   hundred
fifty-three  of  the  general business law. Copies of such notifications
shall be available for inspection and shall  be  made  available  during
ordinary  business  hours  for  copying  upon  written  request  by  the
commissioner or  his  or  her  representative  in  connection  with  any
investigation pursuant to this article.

(b) Upon the sale or other transfer of any funeral firm having received moneys in connection with any agreement described in subdivision one of this section or upon any transfer of control over such moneys, the transferee shall be liable for compliance with all provisions of this section and section four hundred fifty-three of the general business law, including the repayment of any moneys and provision of funeral merchandise and services, if the transferor or a transferor's predecessor in interest was liable for compliance with the requirements of this section and section four hundred fifty-three of the general business law. Such liability shall attach whether or not the successor in interest has, upon conveyance of such funeral firm, received such moneys or has knowledge of the existence of any agreements described herein. Such liability shall attach where there is proof of a valid agreement for providing funeral merchandise and services, and the funeral firm, funeral director or undertaker has not refunded the moneys received from the customer.

(c) Upon the sale or other transfer of any funeral firm having received such moneys, or upon a transfer of control of such moneys, the transferor shall disclose a complete accounting of all moneys transferred pursuant to such agreement to the transferee, including the names and addresses of all persons who deposited moneys with such funeral firm, the amount and location of such moneys, the names and addresses of persons who have received refunds and the amount of such refund.

(d) Upon the termination, cessation of operation or discontinuation of any funeral firm, or a successor in interest which has received moneys in connection with any agreement described in subdivision one of this section or is otherwise liable for compliance with the requirements of this section or section four hundred fifty-three of the general business law, such funeral firm or successor shall, within thirty days of such termination, cessation of operation or discontinuation, repay all such moneys and accrued interest as if a demand had been made therefor. 4. Records required by this section to be maintained and true copies of agreements shall be retained for four years following the provisions of funeral merchandise and services. In the event the funds are returned to the person who deposited the money or their representative, such records, including the record of return of funds shall be retained for a period of four years after the sale, transfer, termination, cessation of operation or discontinuance of the funeral firm.

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