NY State Senate Bill 2017-S5984

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to corporations, authorities and commissions returned to senate died in assembly
Jun 19, 2017	referred to corporations, authorities and commissions delivered to assembly passed senate ordered to third reading cal.1906 committee discharged and committed to rules
May 09, 2017	referred to corporations, authorities and commissions

Votes

- Jun 19, 2017 - Floor Vote
  S5984
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2017
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Serrano
  Jun 19, 2017 - Rules Committee Vote
  S5984
  
  22
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 19, 2017
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Griffo
      
      Hannon
      
      Kennedy
      
      LaValle
      
      Lanza
      
      Larkin
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (3)
      
      Gianaris
      
      Krueger
      
      Little

co-Sponsors

2017-S5984 (ACTIVE) - Details

See Assembly Version of this Bill:: A7666
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Not-for-Profit Corporation
Laws Affected:: Amd §14, Chap 560 of 1998
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7494, A10318
2019-2020: S5057, A7151
2021-2022: A3246
2023-2024: A2000

2017-S5984 (ACTIVE) - Summary

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

2017-S5984 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5984

 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

the increase in the demand for cremation services, a very limited
number of additional crematories have been established in the State.
Crematories are exceedingly difficult to site.

The state currently has approximately 50 crematories, a third of which
are crematories operated by grandfathered funeral entities. The
limited availability of crematory facilities in New York has led to
competing crematories in New Jersey, Pennsylvania, and Vermont to
officer crematory services to New York residents. AS a result,
maintaining the exempt standalone crematories is even more important
today than in 1998. The loss of these crematories would impose a
hardship on New Yorkers seeking crematory services particularly in
rural, underserved areas.

This legislation would preserve access to crematory services in New
York particularly in underserved rural areas by clarifying that the
grandfather is not specific to the funeral director but to that of the
combination. Further, the bill would provide crematories with the
ability to meet the increasing demand for crematory services.
Finally, the bill would permit a crematory operated by a funeral
entity to locate facilities in keeping with the best interest of the
local community and subjects such authority to local control.

 LEGISLATIVE HISTORY :

A10318 -2015-16

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2017-S5984 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5984
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                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:
 
   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:
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02172-01-7

 S. 5984                             2
 
 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
 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.
   § 2. This act shall take effect immediately.

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Senate Bill S5984

Sponsored By

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Jun 19, 2017 - Floor Vote

Floor Vote: Jun 19, 2017

Jun 19, 2017 - Rules Committee Vote

Rules Committee Vote: Jun 19, 2017

co-Sponsors

2017-S5984 (ACTIVE) - Details

2017-S5984 (ACTIVE) - Summary

2017-S5984 (ACTIVE) - Sponsor Memo

2017-S5984 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5984

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Sponsored By

James L. Seward

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

co-Sponsors

Chris Jacobs

Patty Ritchie

2017-S5984 (ACTIVE) - Details

2017-S5984 (ACTIVE) - Summary

2017-S5984 (ACTIVE) - Sponsor Memo

2017-S5984 (ACTIVE) - Bill Text download pdf

Comments