S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2000
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
   tee 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 by adding a  new  subdivision  3  to  read  as
 follows:
   3.  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03666-01-3
              

 A. 2000                             2
 
 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.