STATE OF NEW YORK
________________________________________________________________________
5984
2017-2018 Regular Sessions
IN SENATE
May 9, 2017
___________
Introduced by Sen. SEWARD -- read twice and ordered printed, and when
printed to be committed 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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02172-01-7
S. 5984 2
1 are insufficient to meet demand, such demonstration is met by a ten
2 percent increase in cremations within the locality over a five year
3 period, a waiting list for cremation services within the locality and
4 use of cremation services outside of the locality including use of out-
5 of-state cremation services; and
6 c. a crematory or crematorium operated by a funeral entity may relo-
7 cate facilities, in combination with a funeral entity or separately and
8 any movement of facilities shall not diminish or otherwise affect the
9 ability of the crematory or crematorium to be operated by a funeral
10 entity, to another location within the local authority which approved
11 the creation of the crematory or crematorium, provided that the local
12 authority approves such relocation and the relocation does not otherwise
13 conflict with the limitations set forth in article fifteen of the not-
14 for-profit corporation law.
15 § 2. This act shall take effect immediately.
