Assembly Bill A10318

2015-2016 Legislative Session

Relates to funeral entities and the operation of any crematory or crematorium

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A10318 (ACTIVE) - Details

See Senate Version of this Bill:
S7494
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd ยง14, Chap 560 of 1998
Versions Introduced in Other Legislative Sessions:
2017-2018: A7666, S5984
2019-2020: A7151, S5057
2021-2022: A3246
2023-2024: A2000

2015-A10318 (ACTIVE) - Summary

Relates to funeral entities and the operation of any crematory or crematorium.

2015-A10318 (ACTIVE) - Bill Text download pdf

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

                                  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
              

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