Do you support this bill?

Senate Bill S6840

2009-2010 Legislative Session

Relates to the disposition of unclaimed cremated remains of a veteran

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

Votes

Bill Amendments

co-Sponsors

2009-S6840 - Details

Current Committee:
Assembly Codes
Law Section:
Public Health Law
Laws Affected:
Amd §1517, N-PC L

2009-S6840 - 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-S6840 - Sponsor Memo

2009-S6840 - Bill Text download pdf 

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

                                  6840

                            I N  S E N A T E

                            February 12, 2010
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the public health law, in relation to establishing  "the
  veterans' cremains act"

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

  Section 1. Article 42 of the public health law is amended by adding  a
new title 3 to read as follows:
                                TITLE III
                      UNCLAIMED VETERANS' CREMAINS
SECTION 4230. SHORT TITLE.
        4231. DEFINITIONS.
        4232. QUALIFIED VETERANS' ORGANIZATIONS GRANTED RIGHT TO RECEIVE
                UNCLAIMED VETERANS' CREMAINS.
        4233. SEVERABILITY.
  S  4230.    SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS
"THE VETERANS' CREMAINS ACT".
  S 4231. DEFINITIONS. AS USED IN THIS TITLE, UNLESS  OTHERWISE  STATED,
THE  FOLLOWING  TERMS SHALL HAVE THE RESPECTIVE MEANINGS HEREINAFTER SET
FORTH OR INDICATED:
  1. "CREMAINS" MEANS THAT SUBSTANCE WHICH REMAINS AFTER  THE  CREMATION
OF A DEAD BODY.
  2.  "DILIGENT EFFORT" MEANS A REASONABLE EFFORT, AND INCLUDES A CERTI-
FIED LETTER, RETURN RECEIPT REQUESTED, MAILED TO THE PERSON WHO  AUTHOR-
IZES A CREMATION.
  3.  "FUNERAL  DIRECTOR"  MEANS  A  PERSON LICENSED PURSUANT TO ARTICLE
THIRTY-FOUR OF THIS CHAPTER.
  4. "QUALIFIED VETERANS' ORGANIZATION" MEANS A  VETERANS'  ORGANIZATION
THAT QUALIFIES AS A SECTION 501(C)(3) OR 501(C)(19) TAX EXEMPT ORGANIZA-
TION UNDER THE INTERNAL REVENUE CODE, OR A FEDERALLY CHARTERED VETERANS'
SERVICE ORGANIZATION.
  S  4232.  QUALIFIED  VETERANS'  ORGANIZATIONS GRANTED RIGHT TO RECEIVE
UNCLAIMED VETERANS' CREMAINS. 1. A FUNERAL DIRECTOR SHALL GRANT A QUALI-

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

co-Sponsors

2009-S6840A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Public Health Law
Laws Affected:
Amd §1517, N-PC L

2009-S6840A (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-S6840A (ACTIVE) - Sponsor Memo

2009-S6840A (ACTIVE) - Bill Text download pdf 

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

                                 6840--A

                            I N  S E N A T E

                            February 12, 2010
                               ___________

Introduced  by  Sens. PARKER, ADDABBO, PERKINS -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Veter-
  ans,  Homeland  Security and Military Affairs -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

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-

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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.