S T A T E O F N E W Y O R K
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10247--A
I N A S S E M B L Y
March 12, 2010
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Introduced by M. of A. RAIA, WEISENBERG, MONTESANO, MURRAY, MENG,
CASTELLI, LAVINE, GABRYSZAK -- Multi-Sponsored by -- M. of A. BURLING,
CALHOUN, CHRISTENSEN, CONTE, CROUCH, FIELDS, GIGLIO, LANCMAN,
P. LOPEZ, McDONOUGH, SALADINO, THIELE, TOWNS -- read once and referred
to the Committee on Veterans' Affairs -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the public health law, in relation to establishing the
"disposition of veterans' cremated remains act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "disposi-
tion of veterans' cremated remains act."
S 2. The public health law is amended by adding three new sections
4203, 4204 and 4205 to read as follows:
S 4203. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "AUTHORIZING AGENT" MEANS A PERSON WHO IS LEGALLY ENTITLED TO
AUTHORIZE THE CREMATION AND FINAL DISPOSITION OF THE CREMATED REMAINS OF
THE DECEASED PERSON IN ACCORDANCE WITH THIS TITLE.
2. "CREMATORY AUTHORITY" MEANS A LEGAL ENTITY THAT IS LICENSED BY THE
STATE OF NEW YORK TO OPERATE A CREMATORY AND TO PERFORM CREMATIONS.
3. "FUNERAL DIRECTOR" MEANS A PERSON, KNOWN BY THE TITLE OF "FUNERAL
DIRECTOR" OR OTHER SIMILAR WORDS OR TITLES, LICENSED UNDER THE APPLICA-
BLE LAWS OF THE STATE AND WHO PRACTICES FUNERAL DIRECTING.
4. "VETERAN" MEANS A NEW YORK STATE RESIDENT WHO HAS SERVED AS A
MEMBER OF THE UNITED STATES ARMED SERVICES ON ACTIVE DUTY, A MEMBER OF
THE NEW YORK STATE NATIONAL GUARD, OR A MEMBER OF THE UNITED STATES
RESERVE FORCES, AND WHO HAS RECEIVED AN HONORABLE DISCHARGE.
5. "VETERANS ORGANIZATION" MEANS AN ASSOCIATION OR OTHER ENTITY ORGAN-
IZED FOR THE BENEFIT OF VETERANS OR WHOSE PRIMARY PURPOSE IS TO LOCATE,
IDENTIFY, AND INTER THE UNCLAIMED CREMATED REMAINS OF AMERICAN VETERANS
LIKE THE MISSING IN AMERICA PROJECT OR ONE THAT HAS BEEN RECOGNIZED OR
FEDERALLY CHARTERED BY THE UNITED STATES CONGRESS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15180-05-0
A. 10247--A 2
S 4204. FUNERAL DIRECTOR OR CREMATORY AUTHORITY RESPONSIBILITIES. 1.
A FUNERAL DIRECTOR OR CREMATORY AUTHORITY MUST MAKE A REASONABLE EFFORT
TO DETERMINE WHETHER A DECEASED PERSON, WHOSE HUMAN REMAINS HAVE BEEN
SUBMITTED TO A FUNERAL ESTABLISHMENT FOR FINAL DISPOSITION BY CREMATION,
IS ONE OF THE FOLLOWING:
(A) A VETERAN;
(B) THE SPOUSE OF A VETERAN; OR
(C) THE DEPENDANT CHILD OF A VETERAN.
2. THE REASONABLE EFFORT REQUIRED BY THE CREMATORY AUTHORITY OR FUNER-
AL DIRECTOR IS SATISFIED BY A INITIATING A SEARCH ON THEIR OWN BEHALF TO
CONTACT ONE OF THE NUMEROUS STATE AND FEDERAL ORGANIZATIONS WHOSE
RESPONSIBILITY IT IS TO LOCATE AND IDENTIFY THE REMAINS OF VETERANS.
SUCH ORGANIZATIONS INCLUDE THE MISSING IN AMERICA PROJECT AND THEIR NEW
YORK AFFILIATE, THE NEW YORK STATE PATRIOT GUARD/VETERANS RECOVERY
PROGRAM, AS WELL AS THE DEPARTMENT OF VETERAN AFFAIRS.
3. THIS DETERMINATION MUST BE MADE AT, OR SHORTLY AFTER, THE TIME AN
AT-NEED CREMATION AUTHORIZATION IS SIGNED BY THE AUTHORIZING AGENT. THE
FUNERAL DIRECTOR OR CREMATORY AUTHORITY MUST START HIS OR HER INQUIRY
WITH THE AUTHORIZING AGENT AND NOTIFY THE AUTHORIZING AGENT OF THE
FUNERAL DIRECTOR'S OR CREMATORY AUTHORITY'S RESPONSIBILITIES UNDER THIS
TITLE. NOTHING IN THIS TITLE SHALL DELAY THE CREMATION OF A DECREASED
PERSON'S REMAINS AS AUTHORIZED BY AN AT-NEED CREMATION AUTHORIZATION.
4. IF THE FUNERAL DIRECTOR OR CREMATORY AUTHORITY CANNOT DETERMINE,
WITH CERTAINTY, THE DECEASED PERSON'S STATUS AND NO AUTHORIZING AGENT
EXISTS, THEN THE FUNERAL DIRECTOR OR CREMATORY AUTHORITY MAY ALLOW THE
NATIONAL CEMETERY ADMINISTRATION'S NATIONAL CEMETERY SCHEDULING OFFICE
OR ANY VETERANS' ORGANIZATION WHOSE PRIMARY PURPOSE IS TO LOCATE, IDEN-
TIFY, AND INTER THE UNCLAIMED CREMATED REMAINS OF AMERICAN VETERANS, OR
ANY FEDERALLY CHARTERED VETERANS' SERVICE ORGANIZATION TO HAVE ACCESS TO
THE CREMATED REMAINS, AND ALL INFORMATION REGARDING THE DECEASED PERSON
IN THE POSSESSION OF THE FUNERAL DIRECTOR OR CREMATORY AUTHORITY, SO
THAT IT MAY ATTEMPT TO DETERMINE WHETHER THE DECEASED PERSON QUALIFIES
UNDER SUBDIVISION ONE OF THIS SECTION.
5. IF THE FUNERAL DIRECTOR OR CREMATORY AUTHORITY DETERMINES THAT THE
DECEASED PERSON IS EITHER A VETERAN, THE SPOUSE OF A VETERAN, OR THE
DEPENDENT CHILD OF A VETERAN, THEN THE FUNERAL DIRECTOR OR CREMATORY
AUTHORITY MUST IMMEDIATELY NOTIFY THE AUTHORIZING AGENT OF THIS FINDING
AND ADVISE THE AUTHORIZING AGENT THAT THE DECEASED PERSON MAY BE ELIGI-
BLE TO BE INTERRED AT AN APPROPRIATE VETERANS' CEMETERY.
6. IF THE CREMATED REMAINS OF A VETERAN, THE SPOUSE OF A VETERAN, OR
THE DEPENDENT CHILD OF A VETERAN ARE NOT CLAIMED BY AN AUTHORIZING
AGENT, THEN THE FUNERAL DIRECTOR OR CREMATORY AUTHORITY MUST HOLD ANY
CREMATED REMAINS FOR AT LEAST ONE HUNDRED EIGHTY DAYS. AFTER ONE HUNDRED
EIGHTY DAYS HAVE EXPIRED, THE FUNERAL DIRECTOR OR CREMATORY AUTHORITY
MUST THEN SEND WRITTEN NOTICE TO AN AUTHORIZING AGENT REQUESTING DISPO-
SITION INSTRUCTIONS. IF THE FUNERAL DIRECTOR OR CREMATORY AUTHORITY DOES
NOT RECEIVE A WRITTEN RESPONSE FROM AN AUTHORIZING AGENT WITHIN THIRTY
DAYS AFTER THIS WRITTEN NOTICE IS SENT, THEN THE FUNERAL DIRECTOR OR
CREMATORY AUTHORITY MUST CONTACT ANY VETERANS' ORGANIZATION WHOSE PRIMA-
RY PURPOSE IS TO LOCATE, IDENTIFY, AND INTER OR INURN THE UNCLAIMED
CREMATED REMAINS OF AMERICAN VETERANS, OR ANY FEDERALLY-CHARTERED VETER-
ANS SERVICE ORGANIZATION, SO THAT ARRANGEMENTS FOR THE DISPOSITION OF
THE CREMATED REMAINS OF THE VETERAN, SPOUSE OF A VETERAN, OR DEPENDENT
CHILD OF A VETERAN MAY BE MADE IN A STATE OR NATIONAL VETERANS' CEME-
TERY.
A. 10247--A 3
7. THE FUNERAL DIRECTOR OR CREMATORY AUTHORITY MAY RELEASE ANY RELE-
VANT INFORMATION TO THE UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS,
ANY VETERANS ORGANIZATION WHOSE PRIMARY PURPOSE IS TO LOCATE, IDENTIFY,
AND INTER OR INURN THE UNCLAIMED CREMATED REMAINS OF AMERICAN VETERANS,
OR ANY FEDERALLY CHARTERED VETERANS SERVICE ORGANIZATION, TO EFFECT THE
TIMELY AND ACCURATE IDENTIFICATION AND INTERMENT OR INURNMENT OF THE
CREMATED REMAINS OF A DECEDENT AS EITHER A VETERAN, THE SPOUSE OF A
VETERAN, OR THE DEPENDENT CHILD OF A VETERAN.
S 4205. IMMUNITY. A FUNERAL DIRECTOR OR CREMATORY AUTHORITY COMPLYING
WITH THIS TITLE IS IMMUNE FROM ANY CRIMINAL OR CIVIL LIABILITY REGARDING
THE RELEASE OF INFORMATION RELATING TO:
1. THE DETERMINATION OF THE DECEASED PERSON'S STATUS AS A VETERAN, THE
SPOUSE OF A VETERAN, OR THE DEPENDENT CHILD OF A VETERAN,
2. THE AVAILABILITY OF INTERMENT OR INURNMENT AS A VETERAN, OR
3. THE RELEASE OF THE CREMATED REMAINS TO A VETERANS' CEMETERY. A
FUNERAL DIRECTOR OR CREMATORY AUTHORITY SHALL BE IMMUNE FROM CIVIL
LIABILITY FOR ANY ACT OR OMISSION UNDER THIS TITLE, EXCEPT FOR WILLFUL
OR WANTON MISCONDUCT. A VETERANS' ORGANIZATION OR FEDERALLY CHARTERED
VETERANS SERVICE ORGANIZATION SHALL BE IMMUNE FROM CIVIL LIABILITY FOR
ANY ACT OR OMISSION RELATED TO THE DISPOSITION OF CREMATED REMAINS UNDER
THIS TITLE, EXCEPT FOR WILLFUL OR WANTON MISCONDUCT.
S 3. This act shall take effect immediately and shall apply to all
cremated remains left in a funeral director's or crematory authority's
possession.