Bill Text: NY A07387 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the application of provisions of the not-for-profit corporation law and other laws to certain crematoriums located in the town of Tonawanda; provides that provisions will apply to a crematory or crematorium 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-23 - substituted by s8366 [A07387 Detail]

Download: New_York-2023-A07387-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7387

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 19, 2023
                                       ___________

        Introduced by M. of A. CONRAD -- 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 the application  of  provisions  of  the
          not-for-profit  corporation law and other laws to certain crematoriums
          located in the town of Tonawanda; and to repeal certain provisions  of
          such chapter relating thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The legislature finds and declares that the public  health,
     2  safety  and  welfare  of  the  residents of the state of New York in and
     3  around the town of Tonawanda is a matter of substantial  state  concern.
     4  The  legislature  also  finds  and  declares  that the state has a vital
     5  interest in the oversight of places of final disposition as well as  the
     6  protection  of  its citizens directly affected by such places. The resi-
     7  dents of the state in the town  of  Tonawanda  have  been  subjected  to
     8  heightened levels of air pollution due to aging and failing equipment at
     9  certain  crematoriums.  A crematorium located close to residential areas
    10  with a consistently poor record of complying with clean air laws, creat-
    11  ing a hazardous environment for the  citizens  of  the  state  is  to  a
    12  substantial  degree a matter of state concern. Therefore, the provisions
    13  hereinafter prescribed are enacted and their  necessity  in  the  public
    14  interest is hereby declared as a matter of legislative determination.
    15    §  2.  Subdivision  1 of section 14 of chapter 560 of the laws of 1998
    16  amending the not-for-profit corporation law and other laws, relating  to
    17  combinations of cemetery corporations and funeral entities, and the sale
    18  of  monuments  and  memorials,  as amended by chapter 513 of the laws of
    19  2021, is amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00792-02-3
        A. 7387                             2

     1    [1. The] Provided that it is not a crematory or  crematorium  operated
     2  by  a funeral entity in the town of Tonawanda that has been subject to a
     3  consent order issued by the department  of  environmental  conservation,
     4  the  provisions  of  this  act  shall  not apply to the operation of any
     5  crematory  or  crematorium,  or  act of cremation performed by a funeral
     6  entity after the effective date of this act, if the funeral entity:
     7    a. operated such crematory or  crematorium,  or  performed  cremations
     8  prior to January 1, 1998; or
     9    b. filed an application with the cemetery board for the operation of a
    10  crematory or crematorium prior to January 1, 1998.
    11    §  3.  Subdivision  2 of section 14 of chapter 560 of the laws of 1998
    12  amending the not-for-profit corporation law and other laws, relating  to
    13  combinations of cemetery corporations and funeral entities, and the sale
    14  of monuments and memorials, is REPEALED.
    15    § 4. This act shall take effect on the one hundred eightieth day after
    16  it shall have become a law.