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A06740 Summary:

BILL NOA06740A
 
SAME ASSAME AS S06171-B
 
SPONSORConrad
 
COSPNSR
 
MLTSPNSR
 
Amd §14, Chap 560 of 1998
 
Relates to funeral entities and the operation of any crematory or crematorium; permits a crematory operated by a funeral entity in the town of Tonawanda, that has been subject to a consent order issued by the department of environmental conservation, to relocate existing operations subject to local authority approval.
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A06740 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6740A
 
SPONSOR: Conrad
  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 funeral entities and the operation of any crematory or crematorium   PURPOSE OR GENERAL IDEA OF BILL: To clarify the intent of the grandfather provisions of the operation of combinations of cemetery corporations and funeral entities   SUMMARY OF PROVISIONS: 1. Amends subdivision 14 of chapter 560 of the laws of 1998 2: The effective date   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): N/A   JUSTIFICATION:. Since the passage of the Anti-Combination Act in 1998, crematories oper- ated by grandfathered funeral entities have been able relocate with- out 10444 their grandfathered status. This has Created a! situation where crematories are force ,continue to operate in facilities that are no longer welcomed by the surrounding neighborhood, causing substantial issues for residents, the businesses and local governments. This bill will would permit a crematory operated by a funeral entity to relocate the facility at a new location that will keep the best interest of the local community and business and subjects such authority to local control   PRIOR LEGISLATIVE HISTORY: None   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: N/A   EFFECTIVE DATE: Immediately
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A06740 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6740--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 29, 2021
                                       ___________
 
        Introduced by M. of A. CONRAD -- read once and referred to the Committee
          on  Corporations, Authorities and Commissions -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee
 
        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:
 
     1    Section 1. Section 14 of chapter 560 of the laws of 1998, amending the
     2  not-for-profit corporation law and other laws, relating to  combinations
     3  of cemetery corporations and funeral entities, and the sale of monuments
     4  and memorials, is amended to read as follows:
     5    §  14.  1. The provisions of this act shall not apply to the operation
     6  of any crematory or crematorium, or act  of  cremation  performed  by  a
     7  funeral  entity  after  the  effective  date of this act, if the funeral
     8  entity:
     9    a. operated such crematory or  crematorium,  or  performed  cremations
    10  prior to January 1, 1998; or
    11    b. filed an application with the cemetery board for the operation of a
    12  crematory or crematorium prior to January 1, 1998.
    13    2.  For  purposes of this section and provided that the funeral entity
    14  complies with paragraph (b) of section  fifteen  hundred  three  of  the
    15  not-for-profit corporation law, where applicable, and all other applica-
    16  ble  laws  and  regulations, and the funeral entity and the crematory or
    17  crematorium affirmatively consent, a crematory or  crematorium  operated
    18  by  a funeral entity in the town of Tonawanda that has been subject to a
    19  consent order issued by the department of environmental conservation may
    20  relocate existing operations from its location at the time of the effec-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10239-06-1

        A. 6740--A                          2
 
     1  tive date of this subdivision, to another location only within the  town
     2  of  Tonawanda,  provided  also that the local authority approves of such
     3  relocation and the relocation does not otherwise conflict with the limi-
     4  tations  set  forth in article fifteen of the not-for-profit corporation
     5  law.  Any such movement of facilities shall not  diminish  or  otherwise
     6  affect  the  ability of the crematory or crematorium to be operated by a
     7  funeral entity as provided in this section. Nothing in  this  act  shall
     8  entitle  any  crematory  or  crematorium operated by a funeral entity to
     9  expand  its  operations  or  otherwise  permit  noncompliance  with  the
    10  provisions of this act.
    11    § 2. This act shall take effect immediately.
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