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S7494Senate2015-2016 SessionSame asA10318

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

Sponsor Fredrick J. Akshar IISD-52+2 co-sponsorsAffects Economy
Status
In Senate Committee
Corporations, Authorities And Commissions
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Corporations, Authorities And Commissions

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Sponsors

Primary sponsor
Fredrick J. Akshar II

Senator · Senate District 52

History

  1. Referred to corporations, authorities and commissions

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A10318Assembly

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

In Assembly Committee · Corporations, Authorities And Commissions · Sponsor Donna Lupardo

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

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

New bill.

Fiscal implications

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.