NY State Senate Bill 2019-S5057A

Archive: Last Bill Status - Stricken

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 11, 2020	recommit, enacting clause stricken
Jan 08, 2020	referred to corporations, authorities and commissions
Jun 06, 2019	print number 5057a
Jun 06, 2019	amend and recommit to corporations, authorities and commissions
Apr 05, 2019	referred to corporations, authorities and commissions

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S5057 - Details

Law Section:: Not-for-Profit Corporation
Laws Affected:: Amd §14, Chap 560 of 1998
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7494
2017-2018: S5984

2019-S5057 - Summary

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

2019-S5057 - Sponsor Memo

                                
 
BILL NUMBER: S5057

SPONSOR: JACOBS
 
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 allow a funeral entity to transfer the right to operate a crematory
or crematorium or to perform the act of cremation. To enable such enti-
ties to add space or equipment in order to meet the increased demand for
crematory services within the locality served.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 14 of chapter 560 of the laws of 1998.

Section 2 is the effective date.

 
JUSTIFICATION:

Since the Not-For-Profit Corporation Law was amended in 1998 to prohibit
the combination of interests in and management of cemeteries, with
interests in and management of funeral homes, the crematory rates both
in New York State and through the U.S. have risen dramatically. Accord-
ing to the National Funeral Directors Association (NFDA), cremations
accounted for an estimated 53.5% of all funerals in the U.S. in 2018, a
sharp increase from approximately 5% of all funerals during much of the
1970's.

Crematory rates are expected to continue to grow. The Cremation Associ-
ation of North America estimates that cremation will account for 57.8%
of all funerals in the U.S. in 2022. This rise in cremation services has
resulted in a longer lists and wait times for those seeking such
services.

Yet, very few crematories have been created in New York in recent years.
Only approximately fifty crematories currently operate in New York,
about one-third of these businesses are operated by grandfathered funer-
al entities.

The lack of sufficient cremation services in many areas of the State has
forced New Yorkers to travel to crematories in neighboring states.  The
loss of any crematories in New York would mean greater hardships for New
Yorkers seeking cremation services, particularly for those residing in
underserved, mostly rural areas of the State.

This bill would help crematories meet the growing demand for cremation
services, by clarifying the intent of the grandfather provision related
to crematories in the Not-For-Profit Corporation Law, and by allowing
funeral entities to transfer the right to operate a crematory, or to
perform the act of cremation. This legislation would also allow funeral
entities to add space and equipment needed to meet the demand for crema-
tion services and would enable funeral entities to relocate cremation
facilities to best accommodate community interests, upon approval by the
appropriate local authority. Each of these provisions would assist
funeral entities that operate crematories, meet the rapidly increasing
demand for cremation services in New York.

 
LEGISLATIVE HISTORY:

S.5984 (2017-18); passed Senate 62-0 in 2017.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5057 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5057
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 5, 2019
                                ___________
 
 Introduced  by  Sens.  JACOBS, SEWARD, RITCHIE -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Corpo-
   rations, 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:
   §  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.

                                                            LBD03294-01-9

 S. 5057                             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 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.
   § 2. This act shall take effect immediately.

co-Sponsors

2019-S5057A (ACTIVE) - Details

Law Section:: Not-for-Profit Corporation
Laws Affected:: Amd §14, Chap 560 of 1998
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7494
2017-2018: S5984

2019-S5057A (ACTIVE) - Summary

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

2019-S5057A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5057A

SPONSOR: JACOBS
 
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 ceme-
tery 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 allow a funeral entity to transfer the right to operate a crematory
or crematorium or to perform the act of cremation. To enable such enti-
ties to add space or equipment in order to meet the increased demand for
crematory services within the locality served.

 
SUMMARY OF PROVISIONS::

Section 1 amends subdivision 14 of chapter 560 of the laws of 1998.

Section 2 is the effective date.

 
JUSTIFICATION::

Since the Not-For-Profit Corporation Law was amended in 1998 to prohibit
the combination of interests in and management of cemeteries, with
interests in and management of funeral homes, crematory rates both in
New York State and through the U.S. have risen dramatically.  According
to the National Funeral Directors Association (NFDA), cremations
accounted for an estimated 53.5% of all funerals in the U.S.  in 2018, a
sharp increase from approximately 5% of all funerals during much of the
1970's.

Crematory rates are expected to continue to grow. The Cremation Associ-
ation of North America estimates that cremation will account for 57.8%
of all funerals in the U.S. in 2022. This rise in cremation services has
resulted in a longer lists and wait times for those seeking such
services.

Yet, very few crematories have been created in New York in recent years.
Only approximately fifty crematories currently operate in New York,
about one-third of these businesses are operated by grandfathered funer-
al entities.

The lack of sufficient cremation services in many areas of the State has
forced New Yorkers to travel to crematories in neighboring states.  The
loss of any crematories in New York would mean greater hardships for New
Yorkers seeking cremation services, particularly for those residing in
underserved, mostly rural areas.

This bill would help crematories meet the growing demand for cremation
services by clarifying the intent of the grandfather provision related
to crematories in Not-For-Profit Corporation Law, and by allowing funer-
al entities to transfer the right to operate a crematory, or to perform
the act of cremation. This legislation would also allow funeral entities
to add space and equipment needed to meet the demand for cremation
services and would enable funeral entities to relocate cremation facili-
ties to best accommodate community interests. Additional space and
equipment, as well as facility relocation will require approval by the
appropriate local authority.  Each of these provisions would assist
funeral entities that operate crematories meet the rapidly increasing
demand for cremation services in New York.

 
LEGISLATIVE HISTORY::

S.5984 (2017-18); passed Senate 62-0 in 2017.

 
FISCAL IMPLICATIONS::

None.

 
EFFECTIVE DATE::

This act shall take effect immediately.

2019-S5057A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5057--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 5, 2019
                                ___________
 
 Introduced  by  Sens.  JACOBS, SEWARD, RITCHIE -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Corpo-
   rations,  Authorities  and  Commissions  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 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:
   §  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

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

                                                            LBD03294-04-9

 S. 5057--A                          2
 
 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
 USE  OF CREMATION SERVICES OUTSIDE OF THE LOCALITY INCLUDING USE OF OUT-
 OF-STATE CREMATION SERVICES, PROVIDED THAT  THE  LOCAL  AUTHORITY  WHICH
 APPROVED  THE  CREATION  OF SUCH CREMATORY OR CREMATORIUM FIRST APPROVES
 THE ADDITION OF SPACE OR EQUIPMENT UPON MAKING A DETERMINATION THAT SUCH
 ADDITION DOES NOT ADVERSELY AFFECT PUBLIC HEALTH OR  WELFARE,  AND  SUCH
 ADDITION  DOES  NOT OTHERWISE CONFLICT WITH THE LIMITATIONS SET FORTH IN
 ARTICLE FIFTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW; 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.
   § 2. This act shall take effect immediately.

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Senate Bill S5057A

Sponsored By

Archive: Last Bill Status - Stricken

Actions

Bill Amendments

co-Sponsors

2019-S5057 - Details

2019-S5057 - Summary

2019-S5057 - Sponsor Memo

2019-S5057 - Bill Text download pdf

co-Sponsors

2019-S5057A (ACTIVE) - Details

2019-S5057A (ACTIVE) - Summary

2019-S5057A (ACTIVE) - Sponsor Memo

2019-S5057A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Chris Jacobs

Archive: Last Bill Status - Stricken

Actions

Bill Amendments

co-Sponsors

James L. Seward

Patty Ritchie

2019-S5057 - Details

2019-S5057 - Summary

2019-S5057 - Sponsor Memo

2019-S5057 - Bill Text download pdf

co-Sponsors

James L. Seward

Patty Ritchie

2019-S5057A (ACTIVE) - Details

2019-S5057A (ACTIVE) - Summary

2019-S5057A (ACTIVE) - Sponsor Memo

2019-S5057A (ACTIVE) - Bill Text download pdf

Comments