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A7666Assembly2017-2018 SessionSame asS5984

Expand Funeral Crematory Operations

Official title

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

Sponsor Donna LupardoAD-123+2 co-sponsorsAffects Economy
Status
In Assembly Committee
Corporations, Authorities And Commissions
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Corporations, Authorities And Commissions

What's happening

This bill allows funeral entities greater flexibility to transfer, expand, or relocate crematory operations if certain conditions are met.

Why it matters

  1. Enables funeral entities to transfer crematory operations or rights. more easily, potentially allowing for mergers, acquisitions, or business restructuring, as long as all parties involved consent and legal requirements are met.

  2. Allows funeral entities to expand crematory capacity. (such as adding new equipment or space) if they can demonstrate clear local demand—measured by criteria like a 10% increase in cremations over five years, waiting lists, or the need to use out-of-area cremation services—potentially reducing delays for families and addressing shortages.

  3. Permits relocation of crematory facilities within the same local authority. (pending approval), which could let funeral homes move to more suitable or accessible sites without losing their ability to operate, provided it doesn't conflict with other not-for-profit corporation law restrictions.

  4. Could impact competition and service accessibility. in the funeral and cremation sector by making it easier for existing funeral entities to adjust operations to meet shifting demographic needs or market conditions.

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Who cares

  • Funeral entities with grandfathered cremation rights

    The bill would allow transfers of those rights with affirmative consent from the funeral entity and crematory or crematorium, subject to other applicable laws and regulations.

  • Funeral-operated crematories and crematoriums

    They could add space or equipment after demonstrating insufficient local capacity to the cemetery board, or relocate within the approving local authority’s jurisdiction with its approval and subject to statutory limits.

  • New York State Cemetery Board

    The board would assess expansion proposals based on evidence of increased local cremations, waiting lists and use of cremation services outside the locality.

  • Local authorities that approved crematory facilities

    Their approval would be required for relocations within their jurisdictions.

Headline styles

Expand Funeral Crematory Operations

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Donna Lupardo

Assembly Member · Assembly District 123

Chair, Agriculture

History

  1. Referred to corporations, authorities and commissions
  2. 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.

S5984Senate

Expand Crematory Operations Rights

In Senate Committee · Corporations, Authorities And Commissions · Sponsor James L. Seward

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

7666

2017-2018 Regular Sessions

IN ASSEMBLY

May 8, 2017

Introduced by M. of A. LUPARDO, FINCH -- read once and referred to the Committee on Corporations, Authorities and Commissions

AN ACT to amend chapter 560 of the laws of 1998, amending the not-forprofit 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 Assembly, 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 are insufficient to meet demand, such demonstration is met by a ten

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02172-01-7

A. 7666 2

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 outof-state cremation services; and

c. a crematory or crematorium operated by a funeral entity may relocate 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 notfor-profit corporation law.

§ 2. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

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