Bill Text: NY A02000 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to corporations, authorities and commissions [A02000 Detail]

Download: New_York-2023-A02000-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2000

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
          tee on Corporations, Authorities and Commissions

        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 by adding a  new  subdivision  3  to  read  as
     5  follows:
     6    3.  For  purposes of this section and provided that the funeral entity
     7  complies with all other applicable laws and regulations and the  funeral
     8  entity and the crematory or crematorium affirmatively consent:
     9    a.  a  funeral entity may transfer the right to operate a crematory or
    10  crematorium or to perform the act of cremation;
    11    b. a crematory or crematorium operated by a  funeral  entity  may  add
    12  space  or  equipment  to  meet  increased  demand for crematory services
    13  including but not limited to additional retorts upon a demonstration  to
    14  the  board  that  existing crematory services within the locality served
    15  are insufficient to meet demand, such demonstration  is  met  by  a  ten
    16  percent  increase  in  cremations  within  the locality over a five year
    17  period, a waiting list for cremation services within  the  locality  and
    18  use  of cremation services outside of the locality including use of out-
    19  of-state cremation services; and
    20    c. a crematory or crematorium operated by a funeral entity  may  relo-
    21  cate  facilities, in combination with a funeral entity or separately and
    22  any movement of facilities shall not diminish or  otherwise  affect  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03666-01-3
        A. 2000                             2

     1  ability  of  the  crematory  or  crematorium to be operated by a funeral
     2  entity, to another location within the local  authority  which  approved
     3  the  creation  of  the crematory or crematorium, provided that the local
     4  authority approves such relocation and the relocation does not otherwise
     5  conflict  with  the limitations set forth in article fifteen of the not-
     6  for-profit corporation law.
     7    § 2. This act shall take effect immediately.