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S06171 Summary:

S06171 Actions:

S06171 Committee Votes:

S06171 Floor Votes:

S06171 Text:

 
                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.