S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3246
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 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
 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.
              

                                                            LBD03636-01-1

 A. 3246                             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  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.