S T A T E   O F   N E W   Y O R K
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                                  10318

                          I N  A S S E M B L Y

                              May 20, 2016
                               ___________

Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
  tee 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:

  Section 1. Section 14 of 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, is amended to read as follows:
  S 14. 1. The provisions of this act shall not apply to  the  operation
of  any  crematory  or  crematorium,  or act of cremation performed by a
funeral entity after the effective date of  this  act,  if  the  funeral
entity:
  a.  operated  such  crematory  or crematorium, or performed cremations
prior to January 1, 1998; or
  b. filed an application with the cemetery board for the operation of a
crematory or crematorium prior to January 1, 1998.
  2. FOR PURPOSES OF THIS SECTION AND PROVIDED THAT THE  FUNERAL  ENTITY
COMPLIES  WITH ALL OTHER APPLICABLE LAWS AND REGULATIONS AND THE FUNERAL
ENTITY AND THE CREMATORY OR CREMATORIUM AFFIRMATIVELY CONSENT:
  A. A FUNERAL ENTITY MAY TRANSFER THE RIGHT TO OPERATE A  CREMATORY  OR
CREMATORIUM OR TO PERFORM THE ACT OF CREMATION;
  B.  A  CREMATORY  OR  CREMATORIUM OPERATED BY A FUNERAL ENTITY MAY ADD
SPACE OR EQUIPMENT TO  MEET  INCREASED  DEMAND  FOR  CREMATORY  SERVICES
INCLUDING  BUT NOT LIMITED TO ADDITIONAL RETORTS UPON A DEMONSTRATION TO
THE BOARD THAT EXISTING CREMATORY SERVICES WITHIN  THE  LOCALITY  SERVED
ARE  INSUFFICIENT  TO  MEET  DEMAND,  SUCH DEMONSTRATION IS MET BY A TEN
PERCENT INCREASE IN CREMATIONS WITHIN THE  LOCALITY  OVER  A  FIVE  YEAR
PERIOD,  A  WAITING  LIST FOR CREMATION SERVICES WITHIN THE LOCALITY AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15200-01-6
              

A. 10318                            2

USE OF CREMATION SERVICES OUTSIDE OF THE LOCALITY INCLUDING USE OF  OUT-
OF-STATE CREMATION SERVICES; AND
  C.  A  CREMATORY OR CREMATORIUM OPERATED BY A FUNERAL ENTITY MAY RELO-
CATE FACILITIES, IN COMBINATION WITH A FUNERAL ENTITY OR SEPARATELY  AND
ANY  MOVEMENT  OF  FACILITIES SHALL NOT DIMINISH OR OTHERWISE AFFECT THE
ABILITY OF THE CREMATORY OR CREMATORIUM TO  BE  OPERATED  BY  A  FUNERAL
ENTITY,  TO  ANOTHER  LOCATION WITHIN THE LOCAL AUTHORITY WHICH APPROVED
THE CREATION OF THE CREMATORY OR CREMATORIUM, PROVIDED  THAT  THE  LOCAL
AUTHORITY APPROVES SUCH RELOCATION AND THE RELOCATION DOES NOT OTHERWISE
CONFLICT  WITH  THE  LIMITATIONS  SET  FORTH  IN  ARTICLE FIFTEEN OF THE
NOT-FOR-PROFIT CORPORATION LAW.
  S 2. This act shall take effect immediately.