STATE OF NEW YORK
        ________________________________________________________________________

                                          3246

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 22, 2021
                                       ___________

        Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
          tee on Consumer Affairs and Protection

        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
    20  including  but not limited to additional retorts upon a demonstration to
    21  the board that existing crematory services within  the  locality  served
    22  are  insufficient  to  meet  demand,  such demonstration is met by a ten

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03636-01-1
        A. 3246                             2

     1  percent increase in cremations within the  locality  over  a  five  year
     2  period,  a  waiting  list for cremation services within the locality and
     3  use of cremation services outside of the locality including use of  out-
     4  of-state cremation services; and
     5    c.  a  crematory or crematorium operated by a funeral entity may relo-
     6  cate facilities, in combination with a funeral entity or separately  and
     7  any  movement  of  facilities shall not diminish or otherwise affect the
     8  ability of the crematory or crematorium to  be  operated  by  a  funeral
     9  entity,  to  another  location within the local authority which approved
    10  the creation of the crematory or crematorium, provided  that  the  local
    11  authority approves such relocation and the relocation does not otherwise
    12  conflict  with  the limitations set forth in article fifteen of the not-
    13  for-profit corporation law.
    14    § 2. This act shall take effect immediately.