S T A T E   O F   N E W   Y O R K
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                                  7144

                            I N  S E N A T E

                             March 16, 2010
                               ___________

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

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.
  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:

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

                                                           LBD15180-03-0

S. 7144                             2

  (A) A VETERAN;
  (B) THE SPOUSE OF A VETERAN; OR
  (C) THE DEPENDANT CHILD OF A VETERAN.
  2.  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.
  3.  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.
  4. 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.
  5.  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.
  6. 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,

S. 7144                             3

  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.