NY S05057

Exempts funeral entities that operated crematories/crematoriums or performed cremations prior to January 1, 1998, or filed applications with the cemetery board before that date from the provisions of chapter 560 of the laws of 1998.

Allows funeral entities to transfer the right to operate a crematory/crematorium or perform cremation acts, with affirmative consent from both parties and compliance with all applicable laws and regulations.

Permits crematories operated by funeral entities to add space or equipment upon demonstrating to the board that existing crematory services in the locality are insufficient, evidenced by a 10 percent increase in cremations over five years, waiting lists, or use of out-of-state services.

Requires local authority approval before adding crematory space or equipment, with determination that such addition does not adversely affect public health or welfare or conflict with article fifteen of the not-for-profit corporation law.

Allows crematories operated by funeral entities to relocate facilities within the jurisdiction that originally approved creation of the crematory, provided local authority approves and no conflict with not-for-profit corporation law limitations occurs.