Provides that the Finger Lakes crematory located in the village of Livonia, county of Livingston may add an additional retort expressly and for use in an instance of mechanical or technical failure of an existing retort.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5449
SPONSOR: Bailey TITLE OF BILL:
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 ceme-
tery corporations and funeral entities, and the sale of monuments and
memorials, in relation to certain crematory or crematorium operated by a
funeral entity
PURPOSE OR GENERAL IDEA OF BILL:
To authorize the Finger Lakes Crematory to install and/or replace an
existing retort for the purpose of having'a backup on hand in the case
of technical or mechanical failure.
SUMMARY OF PROVISIONS:
Section 1: Amends section 14 of chapter 560 of the laws of 1998 to
authorize the Finger Lakes Crematory to install an additional retort
expressly and solely for use in an instance of mechanical or technical
failure of an existing retort.
Section 2: effective date.
JUSTIFICATION:
In 1998, the New York Legislature adopted a set of anti-combination
laws, which, among other things, prohibit a crematory or crematorium
from being operated by a funeral entity. Crematories or crematoriums
operated by a funeral entity prior to the enactment of the laws passed
in 1998 were permitted to continue operation, provided that these enti-
ties did not increase their physical footprint or capacity. A signif-
icant issue that some grandfathered entities. have experienced due to
the prohibition against increasing capacity is an inability to replace
outdated, dangerous retorts with new, more efficient units. In some
cases, older units contain substances such as asbestos and threaten the
health and safety of crematory staff. The New York Division of Ceme-
teries has ruled that such a replacement violates the spirit of the
existing anti-combination, even if the unit is only to be used as a
backup. Additionally, those entities that are operating with older
equipment are severely impacted during periods when the equipment breaks
down and requires servicing. For entities that serve large, primarily
rural regions, such a lapse in equipment availability presents not only
an effect on business but a detriment to grieving fami lies who wish to
have services for lost loved ones in an appropriate amount of time. This
legislation authorizes the Finger Lakes Crematory to add an additional
retort expressly and solely for use in an instance of mechanical or
technical failure of an existing retort to prevent such an interruption
of services for the communities that the crematory serves.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to state.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5449
2025-2026 Regular Sessions
IN ASSEMBLY
February 14, 2025
___________
Introduced by M. of A. BAILEY -- read once and referred to the Committee
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 certain crematory or crematorium oper-
ated by a funeral entity
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 2 to read as
5 follows:
6 2. For the purposes of this section and provided that the funeral
7 entity complies with paragraph (b) of section 1503 of the not-for-profit
8 corporation law, where applicable, and all other applicable laws and
9 regulations, the Finger Lakes Crematory, located on the premises of
10 Kevin Dougherty Funeral Home at 21 Big Tree Street in the village of
11 Livonia, Livingston county may add an additional retort expressly and
12 solely for use in an instance of mechanical or technical failure of an
13 existing retort. Any such addition of a retort expressly and solely for
14 use in an instance of mechanical or technical failure of an existing
15 retort shall not diminish or otherwise affect the ability of such crema-
16 tory to be operated as provided in this section. Nothing in this act
17 shall entitle such crematory to expand its operations or otherwise
18 permit noncompliance with the provisions of this act.
19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07386-02-5
