Relates to funeral entities and the operation of any crematory or crematorium; permits a crematory operated by a funeral entity in the town of Tonawanda, that has been subject to a consent order issued by the department of environmental conservation, to relocate existing operations subject to local authority approval.
STATE OF NEW YORK
________________________________________________________________________
6171--B
2021-2022 Regular Sessions
IN SENATE
April 13, 2021
___________
Introduced by Sen. RYAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Corporations, Authorities
and Commissions -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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 paragraph (b) of section fifteen hundred three of the
15 not-for-profit corporation law, where applicable, and all other applica-
16 ble laws and regulations, and the funeral entity and the crematory or
17 crematorium affirmatively consent, a crematory or crematorium operated
18 by a funeral entity in the town of Tonawanda that has been subject to a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10239-05-1
S. 6171--B 2
1 consent order issued by the department of environmental conservation may
2 relocate existing operations from its location at the time of the effec-
3 tive date of this subdivision, to another location only within the town
4 of Tonawanda, provided also that the local authority approves of such
5 relocation and the relocation does not otherwise conflict with the limi-
6 tations set forth in article fifteen of the not-for-profit corporation
7 law. Any such movement of facilities shall not diminish or otherwise
8 affect the ability of the crematory or crematorium to be operated by a
9 funeral entity as provided in this section. Nothing in this act shall
10 entitle any crematory or crematorium operated by a funeral entity to
11 expand its operations or otherwise permit noncompliance with the
12 provisions of this act.
13 § 2. This act shall take effect immediately.
