NY State Senate Bill S817A

Archive: Last Bill Status Via A2981 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (18)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 21, 2016	signed chap.101
Jul 13, 2016	delivered to governor
Jun 17, 2016	returned to assembly passed senate 3rd reading cal.1410 substituted for s817b
Jun 17, 2016	substituted by a2981b
Jun 07, 2016	advanced to third reading
Jun 06, 2016	2nd report cal. amended 817b
Jun 02, 2016	1st report cal.1410
Jan 06, 2016	referred to health
Jun 25, 2015	committed to rules
May 18, 2015	amended on third reading 817a
Mar 03, 2015	advanced to third reading
Mar 02, 2015	2nd report cal.
Feb 26, 2015	1st report cal.161
Jan 07, 2015	referred to health

Votes

view votes

Jun 17, 2016 - floor Vote

A2981B

floor

Aye

Nay

Absent

Excused

Abstained

Jun 2, 2016 - Health committee Vote

S817A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Feb 26, 2015 - Health committee Vote

S817

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S817 - Details

Law Section:: Public Health Law
Laws Affected:: Add §3444, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:: S7747

S817 - Summary

Permits food service in funeral establishments subject to certain restrictions and qualifications.

S817 - Sponsor Memo

BILL NUMBER:S817        REVISED MEMO 01/21/2015

TITLE OF BILL:  An act to amend the public health law, in relation to
food service in funeral establishments

PURPOSE:

To give families of deceased individuals the option of consuming food
and beverages in a funeral home.

SUMMARY OF PROVISIONS:

Adds new Public Health Law § 3444 to provide that a funeral
establishment may provide space, facilities, equipment or supplies for
the preparation, sale, service, distribution, or consumption of food
or beverages in the funeral establishments to or by persons in the
funeral establishment for the purpose of arranging for, attending, or
participating in the care and preparation of a body of a deceased
person for disposition, mourning, a funeral or memorial ceremony or
service, or an open house or similar community function.

Activities under this section may include the services of a caterer
not owned by or affiliated with the funeral establishment. Employees
of the funeral establishment may prepare beverages and may serve food
or beverages under this section.

This would not be allowed in the embalming or preparation rooms, nor
include alcoholic beverages unless required by the decedent's or
families religion.

JUSTIFICATION:

For several decades, NYS regulation has had a wide-ranging prohibition
on allowing any type of food or beverage in a funeral home, including
water. This outright blanket ban was put into place at a time when the
serving and consumption of food and beverages was limited almost
exclusively to restaurants, dining halls and, of course, homes.
Indeed, the regulation was supported at that time by the funeral
service sector.  This bill would over-ride that that regulation.

However, whether in rural, suburban or metropolitan areas of New York
State, our citizens' expectations and preferences have changed greatly
since the 1950's, bringing about a current time and place where the
very presence and consumption of food and beverages is part and parcel
of virtually every type of gathering or event. This most certainly
includes funeral and memorial services, which themselves have
transformed from strictly solemn events to occasions where the
deceased is remembered through more of a life celebration.

With this in mind, it is a most appropriate time in our societal
anthology to permit funeral directors to provide additional comfort to
the family, friends and loved ones of a deceased person by allowing
them to make available food and/or beverages to these grieving
individuals right in the funeral home.

This bill would provide a modicum of regulatory relief to our funeral
firms and, in so doing, would allow families to consume food and


beverages in a funeral home, providing some needed additional comfort
at a time of need.

The bill would rightfully prohibit any food or beverage in a funeral
home's embalming and preparation room. Alcoholic beverages would also
be prohibited in a funeral establishment, unless religious practices
demand otherwise.

LEGISLATIVE HISTORY:

2014: S. 7747B Passed Senate; A. 9950 Referred to Health

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:  none.

EFFECTIVE DATE:

180 days after it becomes a law.

S817 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   817

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sens. LITTLE, CARLUCCI, GALLIVAN, LARKIN, MARCHIONE, SAVI-
  NO -- read twice and ordered printed, and when printed to be committed
  to the Committee on Health

AN  ACT  to  amend the public health law, in relation to food service in
  funeral establishments

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
3444 to read as follows:
  S 3444. FOOD SERVICE IN FUNERAL ESTABLISHMENTS. (A) A  FUNERAL  ESTAB-
LISHMENT  MAY  PROVIDE  SPACE, FACILITIES, EQUIPMENT OR SUPPLIES FOR THE
PREPARATION, SALE, SERVICE,  DISTRIBUTION  OR  CONSUMPTION  OF  FOOD  OR
BEVERAGES,  IN  THE  NATURE  OF  INCIDENTAL  REFRESHMENTS (SUCH AS BAKED
GOODS, SANDWICHES, SNACKS, PLATTERS AND HOT TRAYS) OR THOSE REQUIRED  BY
THE  RELIGIOUS PRACTICES OF THE DECEASED PERSON OR THE DECEASED PERSON'S
FAMILY, IN THE FUNERAL ESTABLISHMENT TO OR BY  PERSONS  IN  THE  FUNERAL
ESTABLISHMENT FOR THE PURPOSE OF ARRANGING FOR, ATTENDING OR PARTICIPAT-
ING  IN  THE  CARE  AND  PREPARATION  OF A BODY OF A DECEASED PERSON FOR
DISPOSITION, MOURNING, A FUNERAL OR MEMORIAL CEREMONY OR SERVICE, OR  AN
OPEN HOUSE OR SIMILAR COMMUNITY FUNCTION THAT IS RELATED TO THE BUSINESS
OF FUNERAL DIRECTING.
  (B) ACTIVITIES UNDER THIS SECTION MAY INCLUDE THE SERVICES OF A CATER-
ER  NOT  OWNED  BY OR AFFILIATED WITH THE FUNERAL ESTABLISHMENT.  ACTIV-
ITIES OF FUNERAL ESTABLISHMENT EMPLOYEES SHALL BE LIMITED  TO  PREPARING
BEVERAGES AND SERVING FOOD OR BEVERAGES UNDER THIS SECTION.
  NO  ACTIVITIES UNDER THIS SECTION SHALL INCLUDE THE CONSUMPTION OF ANY
ALCOHOLIC BEVERAGE, UNLESS REQUIRED BY THE RELIGIOUS  PRACTICES  OF  THE
DECEASED  PERSON  OR THE DECEASED PERSON'S FAMILY, AND SUBJECT TO OTHER-
WISE APPLICABLE LAW AND REGULATIONS. A FUNERAL ESTABLISHMENT  SHALL  NOT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02784-02-5

S. 817                              2

BE DEEMED TO BE A FOOD SERVICE ESTABLISHMENT BECAUSE OF ACTIVITIES UNDER
THIS SECTION.
  S 2. This act shall take effect one hundred eighty days after it shall
have  become  a law, provided that the commissioner of health is author-
ized and directed to make regulations and take other  actions  necessary
to implement this act on that date.

Co-Sponsors

S817A - Details

Law Section:: Public Health Law
Laws Affected:: Add §3444, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:: S7747

S817A - Summary

Permits food service in funeral establishments subject to certain restrictions and qualifications.

S817A - Sponsor Memo

BILL NUMBER:S817A

TITLE OF BILL:  An act to amend the public health law, in relation to
food service in funeral establishments

PURPOSE:  To give families of deceased individuals the option of
consuming food and beverages in a funeral home.

SUMMARY OF PROVISIONS:

Section 1 adds a new Public Health Law section § 3444 to provide that
a funeral establishment may provide space, facilities, equipment or
supplies for the preparation, sale, service, distribution, or
consumption of food or beverages in the funeral establishments to or
by persons in the funeral establishment for the purpose of arranging
for, attending, or participating in the care and preparation of a body
of a deceased person for disposition, mourning, a funeral or memorial
ceremony or service, or an open house or similar community function.

Activities under this section may include the services of a caterer
not owned by or affiliated with the funeral establishment. Employees
of the funeral establishment are limited to preparing nonalcoholic
beverages and may serve food or non-alcoholic beverages under this
section.

Food and beverage service would not be allowed in the embalming or

preparation rooms. The Commissioner of Health is directed to make
regulations necessary to implement this act.

JUSTIFICATION:  Currently 48 states do not prohibit food and beverage
in funeral homes. For several decades, NYS regulations have banned the
serving of any type of food or beverage in a funeral home, including
water.

This legislation would allow the option of funeral homes serving food
and non-alcoholic beverages in connection with a funeral. It further
specifies the conditions for food and beverage service. It would allow
the serving of incidental food (baked goods, sandwiches, snacks and
platters) and non-alcoholic beverages. It allows the services of a
caterer not owned by or affiliated with the funeral establishment.
Funeral Home employees are specifically limited to preparing beverages
and may serve food or beverages. This legislation would allow funeral
homes to work in tandem with local restaurants/caterers in instances
when food and/or beverages are requested by the deceased's family. The
Commissioner of Health is authorized and directed to establish
regulations to implement these provisions. Food or beverage service
would be prohibited in a funeral home's embalming and preparation
rooms.

Today visiting or calling hours can run for several hours. Funeral
homes would have the option of being able to provide refreshments on
site such as baked goods, water and coffee which would provide
nourishment to sustain the family of the deceased at their time of
need. This would be especially helpful for elderly family members
during these long hours.


The option of funeral homes providing food and non-alcoholic beverages
would also be helpful for families in rural areas where other food
options are not easily accessible.

Today's funeral homes serve a variety of cultures with differing
funeral or memorial service expectations and preferences. As well as
strictly solemn events, the deceased may be remembered through more of
a life celebration. This bill would allow families the option of
choosing to have light food and beverages served to mourners.

LEGISLATIVE HISTORY:  2014: S. 7747B Passed Senate; A. 9950 Referred
to Health

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  180 days after it becomes a law.

S817A - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 817--A
    Cal. No. 161

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sens. LITTLE, CARLUCCI, GALLIVAN, LARKIN, MARCHIONE, SAVI-
  NO,  SEWARD  -- read twice and ordered printed, and when printed to be
  committed to the Committee on Health -- reported favorably  from  said
  committee,  ordered  to  first  and  second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

AN  ACT  to  amend the public health law, in relation to food service in
  funeral establishments

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
3444 to read as follows:
  S 3444. FOOD SERVICE IN FUNERAL ESTABLISHMENTS. (A) A  FUNERAL  ESTAB-
LISHMENT  MAY  PROVIDE  SPACE, FACILITIES, EQUIPMENT OR SUPPLIES FOR THE
PREPARATION, SALE, SERVICE,  DISTRIBUTION  OR  CONSUMPTION  OF  FOOD  OR
NONALCOHOLIC  BEVERAGES,  IN THE NATURE OF INCIDENTAL REFRESHMENTS (SUCH
AS BAKED GOODS, SANDWICHES, SNACKS AND PLATTERS) OR  THOSE  REQUIRED  BY
THE  RELIGIOUS PRACTICES OF THE DECEASED PERSON OR THE DECEASED PERSON'S
FAMILY, IN THE FUNERAL ESTABLISHMENT TO OR BY  PERSONS  IN  THE  FUNERAL
ESTABLISHMENT FOR THE PURPOSE OF ARRANGING FOR, ATTENDING OR PARTICIPAT-
ING  IN  THE  CARE  AND  PREPARATION  OF A BODY OF A DECEASED PERSON FOR
DISPOSITION, MOURNING, A FUNERAL OR MEMORIAL CEREMONY OR SERVICE, OR  AN
OPEN HOUSE OR SIMILAR COMMUNITY FUNCTION THAT IS RELATED TO THE BUSINESS
OF FUNERAL DIRECTING.
  (B) ACTIVITIES UNDER THIS SECTION MAY INCLUDE THE SERVICES OF A CATER-
ER  NOT  OWNED  BY OR AFFILIATED WITH THE FUNERAL ESTABLISHMENT.  ACTIV-
ITIES OF FUNERAL ESTABLISHMENT EMPLOYEES SHALL BE LIMITED  TO  PREPARING
SUCH  BEVERAGES  AND  SERVING  FOOD OR NONALCOHOLIC BEVERAGES UNDER THIS
SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD02784-03-5

S. 817--A                           2

  NO ACTIVITIES UNDER THIS SECTION SHALL INCLUDE THE CONSUMPTION OF  ANY
ALCOHOLIC BEVERAGE.  A FUNERAL ESTABLISHMENT SHALL NOT BE DEEMED TO BE A
FOOD SERVICE ESTABLISHMENT BECAUSE OF ACTIVITIES UNDER THIS SECTION.
  S 2. This act shall take effect one hundred eighty days after it shall
have  become  a law, provided that the commissioner of health is author-
ized and directed to make regulations and take other  actions  necessary
to implement this act on that date.

Co-Sponsors

S817B (ACTIVE) - Details

Law Section:: Public Health Law
Laws Affected:: Add §3444, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:: S7747

S817B (ACTIVE) - Summary

Permits food service in funeral establishments subject to certain restrictions and qualifications.

S817B (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S817B

 TITLE OF BILL :  An act to amend the public health law, in relation
to food service in funeral establishments

 PURPOSE :

To give families of deceased individuals the option of consuming food
and beverages in a funeral home.

 SUMMARY OF PROVISIONS :

Section 1 adds a new Public Health Law section § 3444 to provide that
a funeral establishment may provide space, facilities, equipment or
supplies for the preparation, sale, service, distribution, or
consumption of food or nonalcoholic beverages, limited to incidental
refreshments, in the funeral establishment to or by persons in the
funeral establishment for the purpose of a funeral or memorial
ceremony or service.

Activities under this section may include the services of a caterer
not owned by or affiliated with the funeral establishment. Employees
of the funeral establishment and catering employees are limited to
preparing non-alcoholic beverages and may serve incidental food or
nonalcoholic beverages under this section.

Food and beverage service would not be allowed in the embalming or
preparation rooms. The Commissioner of Health is directed to make
regulations necessary to implement this act.

 JUSTIFICATION :

Currently 48 states do not prohibit food and beverage in funeral
homes. For several decades, NYS regulations have banned the serving of
any type of food or beverage in a funeral home, including water.

This legislation would allow the option of funeral homes serving food
and nonalcoholic beverages in connection with a funeral. It further
specifies the conditions for food and beverage service. It would allow
the serving of incidental food (baked goods, sandwiches, snacks and
platters) and non-alcoholic beverages. It allows the services of a
caterer not owned by or affiliated with the funeral establishment.
Funeral Home employees and catering employees are specifically limited
to preparing beverages and may serve incidental refreshments or
nonalcoholic beverages. This legislation would allow funeral homes to
work in tandem with local restaurants/caterers in instances when food
and/or beverages are requested by the deceased's family. The
Commissioner of Health is authorized and directed to establish
regulations to implement these provisions. Food or beverage service
would be prohibited in a funeral home's embalming and preparation
rooms.

Today visiting or calling hours can run for several hours. Funeral
homes would have the option of being able to provide refreshments on
site such as baked goods, water and coffee which would provide
nourishment to sustain the family of the deceased at their time of
need. This would be especially helpful for elderly family members
during these long hours.

The option of funeral homes providing incidental food and nonalcoholic
beverages would also be helpful for families in rural areas where
other food options are not easily accessible.

 LEGISLATIVE HISTORY :

2015: S817A Advanced to Third Reading
2014: S.7747B Passed Senate; A. 9950 Referred to Health

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

none.

 EFFECTIVE DATE :
180 days after it becomes a law.

S817B (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 817--B
    Cal. No. 1410

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sens. LITTLE, CARLUCCI, GALLIVAN, LARKIN, MARCHIONE, SAVI-
  NO,  SEWARD  -- read twice and ordered printed, and when printed to be
  committed to the Committee on Health -- reported favorably  from  said
  committee,  ordered  to  first  and  second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order  of  third  reading -- recommitted to the Committee on Health in
  accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
  committee,  ordered  to first report, amended on first report, ordered
  to a second report and ordered reprinted, retaining its place  in  the
  order of second report

AN  ACT  to  amend the public health law, in relation to food service in
  funeral establishments

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
3444 to read as follows:
  S 3444. FOOD SERVICE IN FUNERAL ESTABLISHMENTS. (A) A  FUNERAL  ESTAB-
LISHMENT  MAY  PROVIDE  SPACE, FACILITIES, EQUIPMENT OR SUPPLIES FOR THE
PREPARATION, SALE, SERVICE,  DISTRIBUTION  OR  CONSUMPTION  OF  FOOD  OR
NONALCOHOLIC  BEVERAGES,  LIMITED  TO  INCIDENTAL  REFRESHMENTS (SUCH AS
BAKED GOODS, SANDWICHES, SNACKS AND PLATTERS) OR THOSE REQUIRED  BY  THE
RELIGIOUS  PRACTICES  OF  THE  DECEASED  PERSON OR THE DECEASED PERSON'S
FAMILY, IN THE FUNERAL ESTABLISHMENT TO OR BY  PERSONS  IN  THE  FUNERAL
ESTABLISHMENT FOR THE PURPOSE OF ARRANGING FOR, ATTENDING OR PARTICIPAT-
ING  IN  THE  CARE  AND  PREPARATION  OF A BODY OF A DECEASED PERSON FOR
DISPOSITION, MOURNING, A FUNERAL OR MEMORIAL CEREMONY OR SERVICE, OR  AN
OPEN HOUSE OR SIMILAR COMMUNITY FUNCTION THAT IS RELATED TO THE BUSINESS
OF FUNERAL DIRECTING.
  (B) ACTIVITIES UNDER THIS SECTION MAY INCLUDE THE SERVICES OF A CATER-
ER NOT OWNED BY OR AFFILIATED WITH THE FUNERAL ESTABLISHMENT. ACTIVITIES

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

                      [ ] is old law to be omitted.
                                                           LBD02784-05-6

S. 817--B                           2

OF FUNERAL ESTABLISHMENT EMPLOYEES OR CATERING EMPLOYEES SHALL BE LIMIT-
ED  TO  (I)  PREPARING  SUCH  BEVERAGES AND (II) SERVING SUCH INCIDENTAL
REFRESHMENTS OR NONALCOHOLIC BEVERAGES UNDER THIS SECTION.
  NO  ACTIVITIES UNDER THIS SECTION SHALL INCLUDE THE CONSUMPTION OF ANY
ALCOHOLIC BEVERAGE. NOTWITHSTANDING THE PROVISIONS OF  THIS  SECTION,  A
FUNERAL  ESTABLISHMENT SHALL NOT OPERATE AS A FOOD SERVICE ESTABLISHMENT
OR CATERER.
  S 2. This act shall take effect one hundred eighty days after it shall
have become a law, provided that the commissioner of health  is  author-
ized  and  directed to make regulations and take other actions necessary
to implement this act on that date.

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The New York State Senate

senate Bill S817A

Sponsored By

Archive: Last Bill Status Via A2981 - Signed by Governor

Your Voice

Actions

Votes

Jun 17, 2016 - floor Vote

Floor Vote: Jun 17, 2016

Jun 2, 2016 - Health committee Vote

Health Committee Vote: Jun 2, 2016

Feb 26, 2015 - Health committee Vote

Committee Vote: Feb 26, 2015

Bill Amendments

Co-Sponsors

S817 - Details

S817 - Summary

S817 - Sponsor Memo

S817 - Bill Text download pdf

Co-Sponsors

S817A - Details

S817A - Summary

S817A - Sponsor Memo

S817A - Bill Text download pdf

Co-Sponsors

S817B (ACTIVE) - Details

S817B (ACTIVE) - Summary

S817B (ACTIVE) - Sponsor Memo

S817B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S817A

Share this bill

Sponsored By

Archive: Last Bill Status Via A2981 - Signed by Governor

Your Voice

Actions

Votes

Jun 17, 2016 - floor Vote

Floor Vote: Jun 17, 2016

Jun 2, 2016 - Health committee Vote

Health Committee Vote: Jun 2, 2016

Feb 26, 2015 - Health committee Vote

Committee Vote: Feb 26, 2015

Bill Amendments

Co-Sponsors

S817 - Details

S817 - Summary

S817 - Sponsor Memo

S817 - Bill Text download pdf

Co-Sponsors

S817A - Details

S817A - Summary

S817A - Sponsor Memo

S817A - Bill Text download pdf

Co-Sponsors

S817B (ACTIVE) - Details

S817B (ACTIVE) - Summary

S817B (ACTIVE) - Sponsor Memo

S817B (ACTIVE) - Bill Text download pdf

Comments