Bill Text: NY S05057 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to funeral entities and the operation of any crematory or crematorium.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2020-08-11 - RECOMMIT, ENACTING CLAUSE STRICKEN [S05057 Detail]

Download: New_York-2019-S05057-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5057--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                      April 5, 2019
                                       ___________

        Introduced  by  Sens.  JACOBS, SEWARD, RITCHIE -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Corpo-
          rations,  Authorities  and  Commissions  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN  ACT  to amend chapter 560 of the laws of 1998, amending the not-for-
          profit corporation law and other laws,  relating  to  combinations  of
          cemetery  corporations and funeral entities, and the sale of monuments
          and memorials, in relation to funeral entities and  the  operation  of
          any crematory or crematorium

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 14 of chapter 560 of the laws of 1998, amending the
     2  not-for-profit corporation law and other laws, relating to  combinations
     3  of cemetery corporations and funeral entities, and the sale of monuments
     4  and memorials, is amended to read as follows:
     5    §  14.  1. The provisions of this act shall not apply to the operation
     6  of any crematory or crematorium, or act  of  cremation  performed  by  a
     7  funeral  entity  after  the  effective  date of this act, if the funeral
     8  entity:
     9    a. operated such crematory or  crematorium,  or  performed  cremations
    10  prior to January 1, 1998; or
    11    b. filed an application with the cemetery board for the operation of a
    12  crematory or crematorium prior to January 1, 1998.
    13    2.  For  purposes of this section and provided that the funeral entity
    14  complies with all other applicable laws and regulations and the  funeral
    15  entity and the crematory or crematorium affirmatively consent:
    16    a.  a  funeral entity may transfer the right to operate a crematory or
    17  crematorium or to perform the act of cremation;
    18    b. a crematory or crematorium operated by a  funeral  entity  may  add
    19  space  or  equipment  to  meet  increased  demand for crematory services

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03294-04-9
        S. 5057--A                          2

     1  including but not limited to additional retorts upon a demonstration  to
     2  the  board  that  existing crematory services within the locality served
     3  are insufficient to meet demand, such demonstration  is  met  by  a  ten
     4  percent  increase  in  cremations  within  the locality over a five year
     5  period, a waiting list for cremation services within  the  locality  and
     6  use  of cremation services outside of the locality including use of out-
     7  of-state cremation services, provided that  the  local  authority  which
     8  approved  the  creation  of such crematory or crematorium first approves
     9  the addition of space or equipment upon making a determination that such
    10  addition does not adversely affect public health or  welfare,  and  such
    11  addition  does  not otherwise conflict with the limitations set forth in
    12  article fifteen of the not-for-profit corporation law; and
    13    c. a crematory or crematorium operated by a funeral entity  may  relo-
    14  cate  facilities, in combination with a funeral entity or separately and
    15  any movement of facilities shall not diminish or  otherwise  affect  the
    16  ability  of  the  crematory  or  crematorium to be operated by a funeral
    17  entity, to another location within the local  authority  which  approved
    18  the  creation  of  the crematory or crematorium, provided that the local
    19  authority approves such relocation and the relocation does not otherwise
    20  conflict with the limitations set forth in article fifteen of  the  not-
    21  for-profit corporation law.
    22    § 2. This act shall take effect immediately.