What's happening
This bill allows funeral entities to transfer, expand, or relocate crematory operations if certain conditions and approvals are met.
Why it matters
Expands flexibility for funeral entities. By allowing transfers, expansions, or relocations of crematory operations (with proper approvals), the bill gives funeral businesses more options to respond to changing market conditions and community needs, which could lead to improved service availability.
Responds to increased demand. The bill sets clear benchmarks for demonstrating increased need—such as a 10% rise in cremations over five years or evidence of waiting lists and out-of-area usage—before allowing expansions, which ensures that growth is tied to actual community demand.
Maintains local oversight and safeguards. Any relocation or expansion must have the consent of both the funeral entity and the local authority, as well as compliance with existing laws, which helps prevent unchecked growth and maintains community standards.
Addresses operational continuity. By permitting transfers of operating rights and relocations within the same local authority, the bill helps prevent disruption of crematory services in communities, ensuring that families continue to have access to these services even if facilities need to move or update their equipment.
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Who cares
Headline styles
Expand Crematory Operations Rights
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to corporations, authorities and commissions
- Returned to senate
- Died in assembly
- Referred to corporations, authorities and commissions
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1906
- Committee discharged and committed to rules
- 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.
Expand Funeral Crematory Operations
In Assembly Committee · Corporations, Authorities And Commissions · Sponsor Donna Lupardo
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5984
2017-2018 Regular Sessions
IN SENATE
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-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
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 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.
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
A10318 -2015-16
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.