S T A T E O F N E W Y O R K
________________________________________________________________________
7817
2023-2024 Regular Sessions
I N A S S E M B L Y
June 15, 2023
___________
Introduced by M. of A. BYRNES -- read once and referred to the Committee
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 certain crematory or crematorium oper-
ated by a funeral entity
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 THE PURPOSES OF THIS SECTION AND PROVIDED THAT THE FUNERAL
ENTITY COMPLIES WITH PARAGRAPH (B) OF SECTION FIFTEEN HUNDRED THREE OF
THE NOT-FOR-PROFIT CORPORATION LAW, WHERE APPLICABLE, AND ALL OTHER
APPLICABLE LAWS AND REGULATIONS, A CREMATORY OR CREMATORIUM OPERATED BY
A FUNERAL ENTITY MAY ADD AN ADDITIONAL RETORT EXPRESSLY AND SOLELY FOR
USE IN AN INSTANCE OF MECHANICAL OR TECHNICAL FAILURE OF AN EXISTING
RETORT. ANY SUCH ADDITION OF A RETORT EXPRESSLY AND SOLELY FOR USE IN
AN INSTANCE OF MECHANICAL OR TECHNICAL FAILURE OF AN EXISTING RETORT
SHALL NOT DIMINISH OR OTHERWISE AFFECT THE ABILITY OF A CREMATORY OR
CREMATORIUM TO BE OPERATED BY A FUNERAL ENTITY AS PROVIDED IN THIS
SECTION. NOTHING IN THIS ACT SHALL ENTITLE A CREMATORY OR CREMATORIUM
OPERATED BY A FUNERAL ENTITY TO EXPAND ITS OPERATIONS OR OTHERWISE
PERMIT NONCOMPLIANCE WITH THE PROVISIONS OF THIS ACT.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10825-01-3