BILL NUMBER: S6601

SPONSOR: HELMING
 
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 certain crematory or crematorium operated by a
funeral entity

 
PURPOSE:

To authorize crematories or crematoriums operated by a funeral entity,
as grandfathered by the laws of 1998, to install and/or replace an
existing retort for the purpose of having a backup on hand in the case
of technical or mechanical failure.

 
SUMMARY OF PROVISIONS:

Section 1: amends section 14 of chapter 560 of the laws of 1998, by
adding a new subdivision 3, which authorizes a crematory or crematorium
              

operated by a funeral entity to install an additional retort expressly
and solely for use in an instance of mechanical or technical failure of
an existing retort.

Section 2: effective date.

 
JUSTIFICATION:

In 1998, the New York Legislature adopted a set of anti-combination
laws, which, among other things, prohibit a crematory or crematorium
from being operated by a funeral entity. Crematories or crematoriums
operated by a funeral entity prior to the enactment of the laws passed
in 1998 were permitted to continue operation, provided that these enti-
ties did not increase their physical footprint or capacity.

A significant issue that grandfathered entities have incurred due to the
prohibition against increasing capacity is an inability to replace
outdated, dangerous retorts with new, more efficient units.  In some
cases, older units contain substances such as asbestos and threaten the
health and safety of crematory staff. The New York Division of Ceme-
teries has ruled that such a replacement violates the spirit of the
existing anti-combination, even if the unit is only to be used as a
backup. Additionally, those entities that are operating with older
equipment are severely impacted during periods when the equipment breaks
down and requires servicing. For entities that serve large, primarily
rural regions, such a lapse in equipment availability presents not only
an effect on business but a detriment to grieving families who wish to
have services for lost loved ones in an appropriate amount of time.

This legislation provides a mechanism through which a crematory or
crematorium operated by a funeral entity may add and/or replace an
existing retort to serve only as a backup unit. By permitting the
installation of such a unit, existing entities may create a safer and
more efficient workspace while protecting the sanctity of the grieving
process for many families throughout New York.

 
LEGISLATIVE HISTORY:
New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.