Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 05, 2016 |
referred to corporations, authorities and commissions |
Senate Bill S7494
2015-2016 Legislative Session
Sponsored By
(R, C, IP, RFM) Senate District
Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions 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
Actions
co-Sponsors
(R, C, IP) Senate District
(R, C, IP, RFM) Senate District
2015-S7494 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10318
- Current Committee:
- Senate Corporations, Authorities And Commissions
- Law Section:
- Not-for-Profit Corporation
- Laws Affected:
- Amd ยง14, Chap 560 of 1998
- Versions Introduced in Other Legislative Sessions:
-
2017-2018:
S5984, A7666
2019-2020: S5057, A7151
2021-2022: A3246
2023-2024: A2000
2015-S7494 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7494 TITLE OF BILL : 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 PURPOSE : To clarify the intent of the grandfather provision of the operation not-for-profit crematories by a funeral entity. SUMMARY OF PROVISIONS : Section 1 amends subdivision 14 of chapter 560 of the laws of 1998. Section 2 is the effective date. JUSTIFICATION : Since passage of the Anti-Combination Act in 1998, crematory rates have increased significantly. According to the Cremation Association of North America, cremation rates have nearly doubled in the last 15 years from 24.8% in 1999 to 46.7% in 2014 and that trend is expected to continue and likely accelerate. Over the same period, and despite
2015-S7494 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7494 I N S E N A T E May 5, 2016 ___________ Introduced by Sen. AKSHAR -- 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: 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.
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