Assembly Bill A9977

Signed By Governor
2021-2022 Legislative Session

Relates to cemetery operations during emergency declarations

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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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2021-A9977 (ACTIVE) - Details

See Senate Version of this Bill:
S9048
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Add §1518, N-PC L

2021-A9977 (ACTIVE) - Summary

Permits crematories to provide emergency transportation and disposition assistance to counties during emergency declarations.

2021-A9977 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9977
 
                           I N  A S S E M B L Y
 
                              April 28, 2022
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Corporations, Authorities and Commissions
 
 AN ACT to amend the not-for-profit corporation law, in relation to ceme-
   tery operations during emergency declarations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The not-for-profit corporation law is amended by  adding  a
 new section 1518 to read as follows:
 § 1518. CREMATORY OPERATIONS DURING EMERGENCY DECLARATION.
   NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, FOR THE DURATION OF A
 STATE OR COUNTY DISASTER EMERGENCY DECLARED  PURSUANT  TO  AN  EXECUTIVE
 ORDER,  CREMATORIES LOCATED IN ANY COUNTY OF THE STATE MAY PROVIDE EMER-
 GENCY TRANSPORTATION AND DISPOSITION ASSISTANCE IN SUCH INSTANCES  WHERE
 THE  CREMATORIES  IN  AFFECTED AREAS ARE INOPERABLE OR UNABLE TO PROVIDE
 SUFFICIENT CAPACITY FOR THE DISPOSITION  OF  HUMAN  REMAINS  DURING  ANY
 PERIOD  OF  THE DECLARED EMERGENCY. SUCH CREMATORIES ELECTING TO PROVIDE
 EMERGENCY ASSISTANCE SHALL CONTRACT FOR OR OTHERWISE UTILIZE ANY MODE OF
 TRANSPORTATION NECESSARY TO TRANSPORT HUMAN  REMAINS  FROM  AREAS  OF  A
 DECLARED  EMERGENCY  TO OTHER CREMATORY OPERATIONS WITHIN THE STATE WITH
 CREMATION CAPACITY. TRANSPORTATION AND DISPOSITION OF HUMAN REMAINS FROM
 SUCH AFFECTED AREAS SHALL BE CONDUCTED BY ANY  AGENT  OF  THE  REGULATED
 CREMATORY  AND  SHALL ONLY BE PERMITTED WITH A CREMATION PERMIT REQUIRED
 PURSUANT BY SECTION FOUR THOUSAND ONE HUNDRED FORTY-FIVE OF  THE  PUBLIC
 HEALTH LAW ATTESTING TO THE PERMISSION FOR THE CREMATION OF THE DECEASED
 AND  THEIR IDENTITY. IN ALL INSTANCES OF EMERGENCY CREMATORY OPERATIONS,
 A FULLY EXECUTED CREMATION AUTHORIZATION FORM SHALL ACCOMPANY THE  HUMAN
 REMAINS  AND  PROVIDE  THE  INFORMATION NECESSARY TO RETURN THE CREMATED
 REMAINS TO THE INDIVIDUAL AUTHORIZING SUCH CREMATION.  NOTHING  IN  THIS
 SECTION  SHALL  REQUIRE  A  CREMATORY  TO PROVIDE SUCH TRANSPORTATION OR
 ADDITIONAL CREMATORY RESOURCES IF THEY ARE UNABLE TO DO SO.
   § 2.  This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15493-01-2

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