senate Bill S1615

Amended

Relates to the disposition of unclaimed cremated remains of a veteran

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 06 / May / 2013
    • 1ST REPORT CAL.535
  • 07 / May / 2013
    • 2ND REPORT CAL.
  • 08 / May / 2013
    • ADVANCED TO THIRD READING
  • 20 / May / 2013
    • AMENDED ON THIRD READING 1615A
  • 04 / Jun / 2013
    • PASSED SENATE
  • 04 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 04 / Jun / 2013
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 10 / Feb / 2014
    • AMEND AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 10 / Feb / 2014
    • PRINT NUMBER 1615B
  • 26 / Feb / 2014
    • 1ST REPORT CAL.175
  • 27 / Feb / 2014
    • 2ND REPORT CAL.
  • 03 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 06 / Mar / 2014
    • PASSED SENATE
  • 06 / Mar / 2014
    • DELIVERED TO ASSEMBLY
  • 06 / Mar / 2014
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Summary

Allows cemetery corporations 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 hundred twenty days after cremation.

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Bill Details

Versions:
S1615
S1615A
S1615B
Legislative Cycle:
2013-2014
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd ยง1517, N-PC L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A2356, S1469A
2009-2010: A10166, A2356, S6840A
2007-2008: A7354

Votes

5
0
5
Aye
0
Nay
0
aye with reservations
0
absent
1
excused
0
abstained
show Corporations, Authorities and Commissions committee vote details

Sponsor Memo

BILL NUMBER:S1615

TITLE OF BILL:
An act
to amend the not-for-profit corporation law, in relation to
disposition of unclaimed cremated remains of a veteran

PURPOSE:
To ensure the cremains (the remains of a cremated body) of veterans
are Properly and respectfully disposed of if not claimed, allowing
for proper acknowledgement of those who have served our nation.

SUMMARY OF PROVISIONS:

Section one re-letters paragraph (j) of section 1517 of the
not-for-profit corporations law to paragraph (k), and a new paragraph
(j) is added. The new paragraph (j) provides that qualified tax
exempt veterans organizations or federally chartered veteran's
service organization will be
given the right to receive and respectfully dispose of the cremated
remains of the unclaimed bodies of veterans, if such remains have not
been claimed by a relative or friend of the deceased within a
designated period after cremation has taken place.

JUSTIFICATION:
Millions of American service men and women have fought for the united
States in two World Wars, Korea, Vietnam, the Persian Gulf, the
ongoing wars in Irag and Afghanistan, and numerous other small
conflicts. Those same service men and women have also carried out
humanitarian relief projects on behalf of the limited States in every
comer of the world. Sadly, however, the remains of some of those
heroes sit unclaimed and forgotten on the shelves in funeral homes,
hospitals, prisons, crematories and other facilities. (See, e.g.,
"Abandoned cremains of veterans laid to rest," TEANECK SUBURBANITE,
August 20, 2009.) It is fitting we Provide a way for the remains of
those lost heroes to receive the respectful and honorable interment
they deserve.

In 2009, the states of New Jersey and Illinois enacted laws concerning
the final disposition of the unclaimed remains of veterans' bodies
after cremation. Sadly, New York has not yet adopted a similar policy
to allow the brothers and sisters in service of our fallen heroes the
ability to serve their former comrades one final time. It is time New
York adopts the same policy.

By allowing veteran's organizations to carry out the proper burial
procedures, rather than allow the cremated remains of American
veterans to lay abandoned for decades, we pay due respect to those
who have served to Protect the life and liberty of this nation.

LEGISLATIVE HISTORY:
2011-12: S.1469A/A2356A - Passed the Senate; Died in corporations,
authorities and commissions.
2010: S.6480-A Passed Senate A.10166 Referred to Rules

FISCAL IMPLICATIONS: None.


EFFECTIVE DATE:
This act shall take effect November 11, 2014.

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

                                  1615

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02779-01-3

S. 1615                             2

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'
ORGANIZATION  SHALL OCCUR WITHIN SIXTY DAYS. THE AUTHORIZING AGENT SHALL
BE RESPONSIBLE FOR REIMBURSING THE CEMETERY CORPORATION OR THE VETERANS'
ORGANIZATION FOR ALL REASONABLE EXPENSES INCURRED IN  DISPOSING  OF  THE
CREMAINS. UPON DISPOSITION OF THE CREMAINS, THE CEMETERY CORPORATION AND
THE   VETERANS'  ORGANIZATION  AS  DEFINED  IN  THIS  SECTION  SHALL  BE
DISCHARGED  FROM  ANY  LEGAL  OBLIGATION  OR  LIABILITY  CONCERNING  THE
CREMAINS.  EXCEPT WITH THE EXPRESS WRITTEN PERMISSION OF THE AUTHORIZING
AGENT, NO PERSON SHALL:
  (I) DISPOSE OF CREMAINS IN A MANNER OR  IN  A  LOCATION  SO  THAT  THE
CREMAINS  ARE  COMMINGLED WITH THOSE OF ANOTHER PERSON. THIS PROHIBITION
SHALL NOT APPLY TO THE SCATTERING OF CREMAINS AT SEA, BY AIR, OR  IN  AN
AREA  LOCATED IN A CEMETERY AND USED EXCLUSIVELY FOR THOSE PURPOSES; AND
(II) PLACE CREMAINS OF MORE  THAN  ONE  PERSON  IN  THE  SAME  TEMPORARY
CONTAINER OR URN.
  (2) FOR THE PURPOSES OF THIS PARAGRAPH, "DILIGENT EFFORT" SHALL MEAN A
REASONABLE  EFFORT,  AND  INCLUDES  A CERTIFIED LETTER, DELIVERY RECEIPT
REQUESTED, MAILED TO THE NEXT OF KIN OR AUTHORIZING  AGENT  THAT  SIGNED
THE CREMATION AUTHORIZATION.
  S 2. This act shall take effect November 11, 2014.

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