Assembly Bill A10166

2009-2010 Legislative Session

Relates to the disposition of unclaimed cremated remains of a veteran

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A10166 (ACTIVE) - Details

See Senate Version of this Bill:
S6840
Current Committee:
Assembly Rules
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1517, N-PC L
Versions Introduced in 2011-2012 Legislative Session:
A2356

2009-A10166 (ACTIVE) - Summary

Establishes the veterans' cremains act, allowing funeral directors to grant qualified veterans' organizations the right to receive the cremains of a veteran which has not been claimed by a relative or friend of the deceased within one year after cremation.

2009-A10166 (ACTIVE) - Sponsor Memo

2009-A10166 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10166

                          I N  A S S E M B L Y

                              March 9, 2010
                               ___________

Introduced  by M. of A. BRODSKY -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN ACT to amend the  not-for-profit  corporation  law,  in  relation  to
  disposition of unclaimed cremated remains of a veteran

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (j) of section 1517 of the not-for-profit  corpo-
ration  law is relettered paragraph (k) and a new paragraph (j) is added
to read as follows:
  (J) DISPOSITION OF UNCLAIMED CREMATED REMAINS OF A VETERAN. (1) PURSU-
ANT TO THE REQUIREMENTS OF PARAGRAPH  (I)  OF  THIS  SECTION,  IF,  UPON
COMPLETION  OF  THE  CREMATION PROCESS, THE CEMETERY CORPORATION HAS NOT
BEEN INSTRUCTED TO ARRANGE FOR THE INTERMENT, ENTOMBMENT,  INURNMENT  OR
SCATTERING  OF  THE  CREMAINS OF AN INDIVIDUAL KNOWN TO BE A VETERAN AND
PROVIDED A DILIGENT EFFORT HAS BEEN MADE TO LOCATE AND NOTIFY  THE  NEXT
OF  KIN OR AUTHORIZING AGENT THAT SIGNED THE CREMATION AUTHORIZATION FOR
THE DECEASED VETERAN, AFTER A PERIOD OF ONE HUNDRED TWENTY DAYS FROM THE
DATE OF THE CREMATION, WHERE THE AUTHORIZING AGENT  HAS  NOT  INSTRUCTED
THE  CEMETERY  CORPORATION  TO  ARRANGE FOR THE FINAL DISPOSITION OF THE
CREMAINS OR CLAIMED THE CREMAINS,  THE  CEMETERY  CORPORATION  MAY  ALSO
DISPOSE  OF  THE  CREMAINS IN ANY MANNER PERMITTED BY THIS SECTION OR BY
RELINQUISHING POSSESSION OF VETERANS'  CREMAINS  FOR  DISPOSITION  BY  A
VETERANS'   ORGANIZATION  THAT  QUALIFIES  AS  A  SECTION  501(C)(3)  OR
501(C)(19) TAX EXEMPT ORGANIZATION UNDER THE INTERNAL REVENUE CODE, OR A
FEDERALLY CHARTERED VETERANS' SERVICE ORGANIZATION. THE CEMETERY  CORPO-
RATION, HOWEVER, SHALL KEEP A PERMANENT RECORD IDENTIFYING THE VETERANS'
ORGANIZATION  RECEIVING  THE  REMAINS  AND THE SITE DESIGNATED FOR FINAL
DISPOSITION BY THE ORGANIZATION. THE METHOD OF DISPOSITION SHALL BE MADE
PURSUANT TO THIS SECTION AND SHALL BE DIRECTED TO A SECTION OF  A  CEME-
TERY  CORPORATION  WHERE VETERANS ARE MEMORIALIZED BY A VETERAN'S MARKER
IF ELIGIBLE, A VETERANS' SECTION OF A CEMETERY CORPORATION OR  A  VETER-
ANS'  CEMETERY IF THE DECEASED VETERAN IS ELIGIBLE FOR INTERMENT IN SUCH
A MANNER. SUCH INTERMENT, ENTOMBMENT, INURNMENT  OR  SCATTERING  OF  THE
CREMAINS  OF  AN  INDIVIDUAL  KNOWN  TO BE A VETERAN BY SUCH A VETERANS'

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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