NY State Senate Bill 2015-S7494

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 05, 2016	referred to corporations, authorities and commissions

co-Sponsors

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 §14, 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) - Summary

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

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

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.

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.

                                                           LBD15200-01-6

S. 7494                             2

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.
  S 2. This act shall take effect immediately.

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Senate Bill S7494

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

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co-Sponsors

2015-S7494 (ACTIVE) - Details

2015-S7494 (ACTIVE) - Summary

2015-S7494 (ACTIVE) - Sponsor Memo

2015-S7494 (ACTIVE) - Bill Text download pdf

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Sponsored By

Fred Akshar

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

Actions

co-Sponsors

Kathleen A. Marchione

James L. Seward

2015-S7494 (ACTIVE) - Details

2015-S7494 (ACTIVE) - Summary

2015-S7494 (ACTIVE) - Sponsor Memo

2015-S7494 (ACTIVE) - Bill Text download pdf

Comments