Senate Bill S7562B

Signed By Governor

2009-2010 Legislative Session

Creates a provision for the disposition of a veteran's cremated remains

download bill text pdf

Archive: Last Bill Status Via A10754 - Signed by Governor

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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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 30, 2010	signed chap.444
Aug 18, 2010	delivered to governor
Jun 25, 2010	returned to assembly passed senate 3rd reading cal.1237 substituted for s7562b
Jun 25, 2010	substituted by a10754a ordered to third reading cal.1237 committee discharged and committed to rules
Jun 07, 2010	print number 7562b
Jun 07, 2010	amend and recommit to veterans, homeland security and military affairs
Apr 27, 2010	print number 7562a
Apr 27, 2010	amend and recommit to veterans, homeland security and military affairs
Apr 22, 2010	referred to veterans, homeland security and military affairs

Votes

- Jun 25, 2010 - Floor Vote
  A10754
  
  Aye
  
  60
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  2
  
  Abstained
  
  0
  - - Floor Vote: Jun 25, 2010
      
      aye (60)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (2)
      
      Larkin
      
      Morahan
  Jun 25, 2010 - Rules Committee Vote
  S7562B
  
  Aye
  
  20
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  1
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Rules Committee Vote: Jun 25, 2010
      
      aye (20)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hassell-Thompson
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Montgomery
      
      Parker
      
      Saland
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      aye wr (1)
      
      Hannon
      
      absent (1)
      
      Padavan
      
      excused (1)
      
      Larkin

Bill Amendments

2009-S7562 - Details

See Assembly Version of this Bill:: A10754
Law Section:: Executive Law
Laws Affected:: Add §368, Exec L; add §4203, Pub Health L

2009-S7562 - Summary

Relates to the cremated remains of a veteran and their disposition.

2009-S7562 - Sponsor Memo

2009-S7562 - Bill Text download pdf

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

                                  7562

                            I N  S E N A T E

                             April 22, 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 executive law and the public health law, in relation
  to the cremated remains of a veteran and their disposition

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

  Section 1. The executive law is amended by adding a new section 368 to
read as follows:
  S 368. CREMATED REMAINS OF A VETERAN. THE CREMATED REMAINS OF A VETER-
AN  MAY  BE  DISPOSED OF PURSUANT TO THE PROVISIONS OF SECTION FORTY-TWO
HUNDRED THREE OF THE PUBLIC HEALTH LAW.
  S 2. The public health law is amended by adding a new section 4203  to
read as follows:
  S 4203. CREMATED REMAINS OF A VETERAN; DISPOSITION. 1. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "VETERAN" MEANS A DECEASED PERSON WHO:
  (I)  SERVED  IN  THE  ACTIVE  MILITARY  OR NAVAL SERVICE OF THE UNITED
STATES; OR
  (II) SERVED IN ACTIVE DUTY IN A FORCE OF ANY ORGANIZED  STATE  MILITIA
IN A FULL-TIME STATUS; OR
  (III)  SERVED  IN  THE  RESERVE  ARMED  FORCES OF THE UNITED STATES IN
ACTIVE DUTY; AND
  (IV) WAS RELEASED FROM SUCH SERVICE  OTHERWISE  THAN  BY  DISHONORABLE
DISCHARGE.
  (B) "VETERANS' SERVICE ORGANIZATION" MEANS AN ASSOCIATION, CORPORATION
OR  OTHER  ENTITY  THAT  QUALIFIES  UNDER  INTERNAL REVENUE CODE SECTION
501(C)(3) OR SECTION 501(C)(19) AS A TAX EXEMPT ORGANIZATION,  OR  IS  A
FEDERALLY CHARTERED VETERANS' SERVICE ORGANIZATION. THIS TERM SHALL ALSO
INCLUDE A MEMBER OR EMPLOYEE OF ANY SUCH ENTITY.
  (C)  "NATIONAL  CEMETERY"  MEANS ANY CEMETERY UNDER THE CONTROL OF THE
UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS NATIONAL CEMETERY ADMINIS-
TRATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16839-03-0

S. 7562                             2

  (D) "INTERMENT" SHALL HAVE THE MEANING SET FORTH IN PARAGRAPH  (G)  OF
SECTION FIFTEEN HUNDRED TWO OF THE NOT-FOR-PROFIT CORPORATION LAW.
  (E) "DISPOSITION" MEANS DISPOSAL OF CREMATED REMAINS BY PLACEMENT IN A
TOMB,  MAUSOLEUM, CRYPT, NICHE IN A COLUMBARIUM OR BURIAL IN A CEMETERY.
PROVIDED, HOWEVER, FOR THE PURPOSE OF THIS SECTION  THE  TERM  "DISPOSI-
TION" SHALL NOT INCLUDE THE SCATTERING OF CREMATED REMAINS.
  (F)  "LOCAL  VETERANS'  SERVICE  AGENCIES"  SHALL HAVE THE MEANING SET
FORTH IN SECTION THREE HUNDRED FIFTY-SEVEN OF THE EXECUTIVE LAW.
  2. A FUNERAL DIRECTOR, UNDERTAKER OR FUNERAL FIRM WHICH  HAS  HELD  IN
ITS  POSSESSION  CREMATED  REMAINS FOR MORE THAN ONE HUNDRED TWENTY DAYS
FROM THE DATE OF CREMATION MAY, IN ACCORDANCE  WITH  THE  PROVISIONS  OF
THIS SECTION, DETERMINE IF SUCH CREMATED REMAINS ARE THOSE OF A VETERAN,
AND IF SO, MAY DISPOSE OF SUCH REMAINS AS PROVIDED IN THIS SECTION.
  3.  (A) NOTWITHSTANDING ANY LAW OR REGULATION TO THE CONTRARY, NOTHING
IN THIS SECTION SHALL PREVENT A FUNERAL DIRECTOR, UNDERTAKER OR  FUNERAL
FIRM  FROM  SHARING  INFORMATION  WITH  THE  UNITED STATES DEPARTMENT OF
VETERANS AFFAIRS (VA), A LOCAL VETERANS'  SERVICE  AGENCY,  A  VETERANS'
SERVICE  ORGANIZATION,  A NATIONAL CEMETERY, OR COUNTY VETERANS CEMETERY
FOR THE PURPOSE OF DETERMINING WHETHER THE CREMATED REMAINS ARE THOSE OF
A VETERAN.
  (B)  A  FUNERAL  DIRECTOR,  UNDERTAKER,  OR  FUNERAL  FIRM  SHALL   BE
DISCHARGED  FROM  ANY  LEGAL  OBLIGATIONS  OR  LIABILITY  WITH REGARD TO
RELEASING OR SHARING INFORMATION TO  THE  UNITED  STATES  DEPARTMENT  OF
VETERANS  AFFAIRS,  THE  LOCAL  VETERANS'  SERVICE  AGENCIES,  VETERANS'
SERVICE ORGANIZATIONS, A NATIONAL CEMETERY, OR COUNTY VETERANS  CEMETERY
PURSUANT TO THIS SECTION.
  4. (A) SHOULD A FUNERAL DIRECTOR, UNDERTAKER OR FUNERAL FIRM ASCERTAIN
THE  CREMATED REMAINS IN ITS POSSESSION ARE THOSE OF A VETERAN, AND THEY
HAVE NOT BEEN INSTRUCTED BY THE PERSON IN CONTROL OF THE DISPOSITION  OF
THE  DECEDENT  TO  ARRANGE  FOR  THE  FINAL  DISPOSAL OR DELIVERY OF THE
CREMATED REMAINS, THE FUNERAL DIRECTOR, UNDERTAKER OR FUNERAL  FIRM  MAY
DISPOSE OF THE CREMATED REMAINS OR RELINQUISH POSSESSION OF THE CREMATED
REMAINS TO A VETERANS' SERVICE ORGANIZATION.
  (B)  THE  METHOD  OF  DISPOSITION  SHALL  BE  MADE PURSUANT TO SECTION
FORTY-TWO HUNDRED TWO OF THIS TITLE IN A  NATIONAL  CEMETERY,  A  COUNTY
VETERANS  CEMETERY,  A  SECTION OF A CEMETERY CORPORATION WHERE VETERANS
ARE MEMORIALIZED BY A VETERAN'S MARKER IF ELIGIBLE, A VETERANS'  SECTION
OF A CEMETERY CORPORATION OR A VETERANS' CEMETERY IF THE DECEASED VETER-
AN IS ELIGIBLE FOR INTERMENT IN SUCH A MANNER.
  5. THE FUNERAL DIRECTOR, UNDERTAKER, FUNERAL FIRM OR VETERANS' SERVICE
ORGANIZATION NOTWITHSTANDING ANY LAW TO THE CONTRARY, UPON:
  (A) DISPOSING OF CREMATED REMAINS IN ACCORDANCE WITH THE PROVISIONS OF
THIS SECTION, SHALL BE HELD HARMLESS FOR ANY COSTS OR DAMAGES, EXCEPT IF
THERE IS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; AND
  (B)  SHALL  BE  DISCHARGED  FROM  ANY  LEGAL  OBLIGATION  OR LIABILITY
CONCERNING THE CREMATED REMAINS.
  6. THE ESTATE OF THE DECEDENT SHALL BE RESPONSIBLE FOR  REIMBURSING  A
FUNERAL  DIRECTOR,  UNDERTAKER, FUNERAL FIRM OR VETERANS' SERVICE ORGAN-
IZATION FOR ALL REASONABLE EXPENSES INCURRED IN RELATION TO THE DISPOSI-
TION OF SUCH CREMATED REMAINS.
  7. A FUNERAL DIRECTOR, UNDERTAKER OR FUNERAL FIRM SHALL ESTABLISH  AND
MAINTAIN A RECORD IDENTIFYING THE VETERANS' SERVICE ORGANIZATION RECEIV-
ING  THE  CREMATED REMAINS AND THE SITE DESIGNATED FOR FINAL DISPOSITION
OF THE CREMATED REMAINS.
  8. NOTHING IN THIS SECTION SHALL REQUIRE A FUNERAL DIRECTOR, UNDERTAK-
ER OR FUNERAL FIRM TO DETERMINE OR SEEK  OTHERS  TO  DETERMINE  THAT  AN

S. 7562                             3

INDIVIDUAL'S  CREMATED  REMAINS  ARE  THOSE  OF A VETERAN IF THE FUNERAL
DIRECTOR, UNDERTAKER OR FUNERAL FIRM  WAS  INFORMED  BY  THE  PERSON  IN
CONTROL  OF  DISPOSITION  THAT  SUCH INDIVIDUAL WAS NOT A VETERAN, OR TO
RELINQUISH  POSSESSION  OF  SUCH CREMATED REMAINS TO A VETERANS' SERVICE
ORGANIZATION IF THE FUNERAL DIRECTOR, UNDERTAKER  OR  FUNERAL  FIRM  WAS
INSTRUCTED  BY  SUCH PERSON IN CONTROL, OR HAD A REASONABLE BELIEF, THAT
THE DECEDENT DID NOT DESIRE ANY FUNERAL OR  BURIAL-RELATED  SERVICES  OR
CEREMONIES RECOGNIZING SUCH DECEDENT'S SERVICE AS A VETERAN.
  S 3. This act shall take effect November 11, 2010.

2009-S7562A - Details

See Assembly Version of this Bill:: A10754
Law Section:: Executive Law
Laws Affected:: Add §368, Exec L; add §4203, Pub Health L

2009-S7562A - Summary

Relates to the cremated remains of a veteran and their disposition.

2009-S7562A - Sponsor Memo

2009-S7562A - Bill Text download pdf

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

                                 7562--A

                            I N  S E N A T E

                             April 22, 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 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the executive law and the public health law, in relation
  to the cremated remains of a veteran and their disposition

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

  Section 1. The executive law is amended by adding a new section 368 to
read as follows:
  S 368. CREMATED REMAINS OF A VETERAN. THE CREMATED REMAINS OF A VETER-
AN  MAY  BE  DISPOSED OF PURSUANT TO THE PROVISIONS OF SECTION FORTY-TWO
HUNDRED THREE OF THE PUBLIC HEALTH LAW.
  S 2. The public health law is amended by adding a new section 4203  to
read as follows:
  S 4203. CREMATED REMAINS OF A VETERAN; DISPOSITION. 1. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "VETERAN" MEANS A DECEASED PERSON WHO:
  (I)  SERVED  IN  THE  ACTIVE  MILITARY  OR NAVAL SERVICE OF THE UNITED
STATES; OR
  (II) SERVED IN ACTIVE DUTY IN A FORCE OF ANY ORGANIZED  STATE  MILITIA
IN A FULL-TIME STATUS; OR
  (III)  SERVED  IN  THE  RESERVE  ARMED  FORCES OF THE UNITED STATES IN
ACTIVE DUTY; AND
  (IV) WAS RELEASED FROM SUCH SERVICE  OTHERWISE  THAN  BY  DISHONORABLE
DISCHARGE.
  (B) "VETERANS' SERVICE ORGANIZATION" MEANS AN ASSOCIATION, CORPORATION
OR  OTHER  ENTITY  THAT  QUALIFIES  UNDER  INTERNAL REVENUE CODE SECTION
501(C)(3) OR SECTION 501(C)(19) AS A TAX EXEMPT ORGANIZATION,  OR  IS  A
FEDERALLY CHARTERED VETERANS' SERVICE ORGANIZATION. THIS TERM SHALL ALSO
INCLUDE A MEMBER OR EMPLOYEE OF ANY SUCH ENTITY.
  (C)  "NATIONAL  CEMETERY"  MEANS ANY CEMETERY UNDER THE CONTROL OF THE
UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS NATIONAL CEMETERY ADMINIS-
TRATION.

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

                                                           LBD16839-04-0

S. 7562--A                          2

  (D) "INTERMENT" SHALL HAVE THE MEANING SET FORTH IN PARAGRAPH  (G)  OF
SECTION FIFTEEN HUNDRED TWO OF THE NOT-FOR-PROFIT CORPORATION LAW.
  (E) "DISPOSITION" MEANS DISPOSAL OF CREMATED REMAINS BY PLACEMENT IN A
TOMB,  MAUSOLEUM, CRYPT, NICHE IN A COLUMBARIUM OR BURIAL IN A CEMETERY.
PROVIDED, HOWEVER, FOR THE PURPOSE OF THIS SECTION  THE  TERM  "DISPOSI-
TION" SHALL NOT INCLUDE THE SCATTERING OF CREMATED REMAINS.
  (F)  "LOCAL  VETERANS'  SERVICE  AGENCIES"  SHALL HAVE THE MEANING SET
FORTH IN SECTION THREE HUNDRED FIFTY-SEVEN OF THE EXECUTIVE LAW.
  2. A FUNERAL DIRECTOR, UNDERTAKER OR FUNERAL FIRM WHICH  HAS  HELD  IN
ITS  POSSESSION  CREMATED  REMAINS FOR MORE THAN ONE HUNDRED TWENTY DAYS
FROM THE DATE OF CREMATION MAY, IN ACCORDANCE  WITH  THE  PROVISIONS  OF
THIS SECTION, DETERMINE IF SUCH CREMATED REMAINS ARE THOSE OF A VETERAN,
AND IF SO, MAY DISPOSE OF SUCH REMAINS AS PROVIDED IN THIS SECTION.
  3.  (A) NOTWITHSTANDING ANY LAW OR REGULATION TO THE CONTRARY, NOTHING
IN THIS SECTION SHALL PREVENT A FUNERAL DIRECTOR, UNDERTAKER OR  FUNERAL
FIRM  FROM  SHARING  INFORMATION  WITH  THE  UNITED STATES DEPARTMENT OF
VETERANS AFFAIRS (VA), A LOCAL VETERANS'  SERVICE  AGENCY,  A  VETERANS'
SERVICE  ORGANIZATION,  A NATIONAL CEMETERY, OR COUNTY VETERANS CEMETERY
FOR THE PURPOSE OF DETERMINING WHETHER THE CREMATED REMAINS ARE THOSE OF
A VETERAN.
  (B)  A  FUNERAL  DIRECTOR,  UNDERTAKER,  OR  FUNERAL  FIRM  SHALL   BE
DISCHARGED  FROM  ANY  LEGAL  OBLIGATIONS  OR  LIABILITY  WITH REGARD TO
RELEASING OR SHARING INFORMATION TO  THE  UNITED  STATES  DEPARTMENT  OF
VETERANS  AFFAIRS,  THE  LOCAL  VETERANS'  SERVICE  AGENCIES,  VETERANS'
SERVICE ORGANIZATIONS, A NATIONAL CEMETERY, OR COUNTY VETERANS  CEMETERY
PURSUANT TO THIS SECTION.
  4. (A) SHOULD A FUNERAL DIRECTOR, UNDERTAKER OR FUNERAL FIRM ASCERTAIN
THE  CREMATED REMAINS IN ITS POSSESSION ARE THOSE OF A VETERAN, AND THEY
HAVE NOT BEEN INSTRUCTED BY THE PERSON IN CONTROL OF THE DISPOSITION  OF
THE  DECEDENT  TO  ARRANGE  FOR  THE  FINAL  DISPOSAL OR DELIVERY OF THE
CREMATED REMAINS, THE FUNERAL DIRECTOR, UNDERTAKER OR FUNERAL  FIRM  MAY
DISPOSE OF THE CREMATED REMAINS OR RELINQUISH POSSESSION OF THE CREMATED
REMAINS TO A VETERANS' SERVICE ORGANIZATION.
  (B)  THE  METHOD  OF  DISPOSITION  SHALL  BE  MADE PURSUANT TO SECTION
FORTY-TWO HUNDRED TWO OF THIS TITLE, AND SHALL BE DIRECTED TO A  SECTION
OF A CEMETERY CORPORATION WHERE VETERANS ARE MEMORIALIZED BY A VETERAN'S
MARKER  IF  ELIGIBLE, A VETERANS' SECTION OF A CEMETERY CORPORATION OR A
VETERANS' CEMETERY IF THE DECEASED VETERAN IS ELIGIBLE FOR INTERMENT  IN
SUCH A MANNER.
  5. THE FUNERAL DIRECTOR, UNDERTAKER, FUNERAL FIRM OR VETERANS' SERVICE
ORGANIZATION NOTWITHSTANDING ANY LAW TO THE CONTRARY, UPON:
  (A) DISPOSING OF CREMATED REMAINS IN ACCORDANCE WITH THE PROVISIONS OF
THIS SECTION, SHALL BE HELD HARMLESS FOR ANY COSTS OR DAMAGES, EXCEPT IF
THERE IS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; AND
  (B)  SHALL  BE  DISCHARGED  FROM  ANY  LEGAL  OBLIGATION  OR LIABILITY
CONCERNING THE CREMATED REMAINS.
  6. THE ESTATE OF THE DECEDENT SHALL BE RESPONSIBLE FOR  REIMBURSING  A
FUNERAL  DIRECTOR,  UNDERTAKER, FUNERAL FIRM OR VETERANS' SERVICE ORGAN-
IZATION FOR ALL REASONABLE EXPENSES INCURRED IN RELATION TO THE DISPOSI-
TION OF SUCH CREMATED REMAINS.
  7. A FUNERAL DIRECTOR, UNDERTAKER OR FUNERAL FIRM SHALL ESTABLISH  AND
MAINTAIN A RECORD IDENTIFYING THE VETERANS' SERVICE ORGANIZATION RECEIV-
ING  THE  CREMATED REMAINS AND THE SITE DESIGNATED FOR FINAL DISPOSITION
OF THE CREMATED REMAINS.
  8. NOTHING IN THIS SECTION SHALL REQUIRE A FUNERAL DIRECTOR, UNDERTAK-
ER OR FUNERAL FIRM TO DETERMINE OR SEEK  OTHERS  TO  DETERMINE  THAT  AN

S. 7562--A                          3

INDIVIDUAL'S  CREMATED  REMAINS  ARE  THOSE  OF A VETERAN IF THE FUNERAL
DIRECTOR, UNDERTAKER OR FUNERAL FIRM  WAS  INFORMED  BY  THE  PERSON  IN
CONTROL  OF  DISPOSITION  THAT  SUCH INDIVIDUAL WAS NOT A VETERAN, OR TO
RELINQUISH  POSSESSION  OF  SUCH CREMATED REMAINS TO A VETERANS' SERVICE
ORGANIZATION IF THE FUNERAL DIRECTOR, UNDERTAKER  OR  FUNERAL  FIRM  WAS
INSTRUCTED  BY  SUCH PERSON IN CONTROL, OR HAD A REASONABLE BELIEF, THAT
THE DECEDENT DID NOT DESIRE ANY FUNERAL OR  BURIAL-RELATED  SERVICES  OR
CEREMONIES RECOGNIZING SUCH DECEDENT'S SERVICE AS A VETERAN.
  S 3. This act shall take effect November 11, 2010.

2009-S7562B (ACTIVE) - Details

See Assembly Version of this Bill:: A10754
Law Section:: Executive Law
Laws Affected:: Add §368, Exec L; add §4203, Pub Health L

2009-S7562B (ACTIVE) - Summary

Relates to the cremated remains of a veteran and their disposition.

2009-S7562B (ACTIVE) - Sponsor Memo

2009-S7562B (ACTIVE) - Bill Text download pdf

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

                                 7562--B

                            I N  S E N A T E

                             April 22, 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 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the executive law and the public health law, in relation
  to the cremated remains of a veteran and their disposition

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

  Section 1. The executive law is amended by adding a new section 368 to
read as follows:
  S 368. CREMATED REMAINS OF A VETERAN. THE CREMATED REMAINS OF A VETER-
AN MAY BE DISPOSED OF PURSUANT TO THE PROVISIONS  OF  SECTION  FORTY-TWO
HUNDRED THREE OF THE PUBLIC HEALTH LAW.
  S  2. The public health law is amended by adding a new section 4203 to
read as follows:
  S 4203. CREMATED REMAINS OF A VETERAN; DISPOSITION. 1. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "VETERAN" MEANS A DECEASED PERSON WHO:
  (I) SERVED IN THE ACTIVE MILITARY  OR  NAVAL  SERVICE  OF  THE  UNITED
STATES; OR
  (II)  SERVED  IN ACTIVE DUTY IN A FORCE OF ANY ORGANIZED STATE MILITIA
IN A FULL-TIME STATUS; OR
  (III) SERVED IN THE RESERVE ARMED  FORCES  OF  THE  UNITED  STATES  IN
ACTIVE DUTY; OR
  (IV)  WAS  A  RECIPIENT  OF THE ARMED FORCES EXPEDITIONARY MEDAL, NAVY
EXPEDITIONARY MEDAL, MARINE CORPS EXPEDITIONARY MEDAL OR GLOBAL  WAR  ON
TERRORISM EXPEDITIONARY MEDAL; AND
  (V)  WAS  RELEASED  FROM  SUCH  SERVICE OTHERWISE THAN BY DISHONORABLE
DISCHARGE.
  (B) "VETERANS' SERVICE ORGANIZATION" MEANS AN ASSOCIATION, CORPORATION
OR OTHER ENTITY  THAT  QUALIFIES  UNDER  SECTION  501(C)(3)  OR  SECTION
501(C)(19)  OF  THE  INTERNAL  REVENUE CODE AS A TAX-EXEMPT ORGANIZATION

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

                                                           LBD16839-08-0

S. 7562--B                          2

THAT HAS BEEN ORGANIZED FOR THE BENEFIT OF VETERANS  AND  RECOGNIZED  OR
CHARTERED  BY  THE UNITED STATES CONGRESS, INCLUDING, BUT NOT LIMITED TO
THE DISABLED AMERICAN VETERANS, THE VETERANS OF FOREIGN WARS, THE AMERI-
CAN LEGION AND THE VIETNAM VETERANS OF AMERICA. THE TERM ALSO INCLUDES A
MEMBER  OR  EMPLOYEE  OF  AN  ELIGIBLE NON-PROFIT VETERANS' CORPORATION,
ASSOCIATION OR ENTITY, SUCH AS THE MISSING IN AMERICA  VETERAN  RECOVERY
PROGRAM,  THAT  SPECIFICALLY  ASSISTS IN FACILITATING THE IDENTIFICATION
AND INTERNMENT OF UNCLAIMED REMAINS OF AMERICAN VETERANS.
  (C) "NATIONAL CEMETERY" MEANS ANY CEMETERY UNDER THE  CONTROL  OF  THE
UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS NATIONAL CEMETERY ADMINIS-
TRATION.
  (D)  "INTERMENT"  SHALL HAVE THE MEANING SET FORTH IN PARAGRAPH (G) OF
SECTION FIFTEEN HUNDRED TWO OF THE NOT-FOR-PROFIT CORPORATION LAW.
  (E) "DISPOSITION" MEANS DISPOSAL OF CREMATED REMAINS BY PLACEMENT IN A
TOMB, MAUSOLEUM, CRYPT, NICHE IN A COLUMBARIUM OR BURIAL IN A  CEMETERY.
PROVIDED,  HOWEVER,  FOR  THE PURPOSE OF THIS SECTION THE TERM "DISPOSI-
TION" SHALL NOT INCLUDE THE SCATTERING OF CREMATED REMAINS.
  (F) "LOCAL VETERANS' SERVICE AGENCIES"  SHALL  HAVE  THE  MEANING  SET
FORTH IN SECTION THREE HUNDRED FIFTY-SEVEN OF THE EXECUTIVE LAW.
  2.  A  FUNERAL  DIRECTOR, UNDERTAKER OR FUNERAL FIRM WHICH HAS HELD IN
ITS POSSESSION CREMATED REMAINS FOR MORE THAN ONE  HUNDRED  TWENTY  DAYS
FROM  THE  DATE  OF  CREMATION MAY, IN ACCORDANCE WITH THE PROVISIONS OF
THIS SECTION, DETERMINE IF SUCH CREMATED REMAINS ARE THOSE OF A VETERAN,
AND IF SO, MAY DISPOSE OF SUCH REMAINS AS PROVIDED IN THIS SECTION.
  3. (A) NOTWITHSTANDING ANY LAW OR REGULATION TO THE CONTRARY,  NOTHING
IN  THIS SECTION SHALL PREVENT A FUNERAL DIRECTOR, UNDERTAKER OR FUNERAL
FIRM FROM SHARING INFORMATION  WITH  THE  UNITED  STATES  DEPARTMENT  OF
VETERANS  AFFAIRS  (VA),  A  LOCAL VETERANS' SERVICE AGENCY, A VETERANS'
SERVICE ORGANIZATION, A NATIONAL CEMETERY, OR COUNTY  VETERANS  CEMETERY
FOR THE PURPOSE OF DETERMINING WHETHER THE CREMATED REMAINS ARE THOSE OF
A VETERAN.
  (B)   A  FUNERAL  DIRECTOR,  UNDERTAKER,  OR  FUNERAL  FIRM  SHALL  BE
DISCHARGED FROM ANY  LEGAL  OBLIGATIONS  OR  LIABILITY  WITH  REGARD  TO
RELEASING  OR  SHARING  INFORMATION  TO  THE UNITED STATES DEPARTMENT OF
VETERANS  AFFAIRS,  THE  LOCAL  VETERANS'  SERVICE  AGENCIES,  VETERANS'
SERVICE  ORGANIZATIONS, A NATIONAL CEMETERY, OR COUNTY VETERANS CEMETERY
PURSUANT TO THIS SECTION.
  4. (A) SHOULD A FUNERAL DIRECTOR, UNDERTAKER OR FUNERAL FIRM ASCERTAIN
THE CREMATED REMAINS IN ITS POSSESSION ARE THOSE OF A VETERAN, AND  THEY
HAVE  NOT BEEN INSTRUCTED BY THE PERSON IN CONTROL OF THE DISPOSITION OF
THE DECEDENT TO ARRANGE FOR  THE  FINAL  DISPOSAL  OR  DELIVERY  OF  THE
CREMATED  REMAINS,  THE FUNERAL DIRECTOR, UNDERTAKER OR FUNERAL FIRM MAY
DISPOSE OF THE CREMATED REMAINS OR RELINQUISH POSSESSION OF THE CREMATED
REMAINS TO A VETERANS' SERVICE ORGANIZATION.
  (B) THE METHOD OF  DISPOSITION  SHALL  BE  MADE  PURSUANT  TO  SECTION
FORTY-TWO  HUNDRED  TWO  OF  THIS TITLE IN A NATIONAL CEMETERY, A COUNTY
VETERANS CEMETERY, A SECTION OF A CEMETERY  CORPORATION  WHERE  VETERANS
ARE  MEMORIALIZED BY A VETERAN'S MARKER IF ELIGIBLE, A VETERANS' SECTION
OF A CEMETERY CORPORATION OR A VETERANS' CEMETERY IF THE DECEASED VETER-
AN IS ELIGIBLE FOR INTERMENT IN SUCH A MANNER.
  5. THE FUNERAL DIRECTOR, UNDERTAKER, FUNERAL FIRM OR VETERANS' SERVICE
ORGANIZATION NOTWITHSTANDING ANY LAW TO THE CONTRARY, UPON:
  (A) DISPOSING OF CREMATED REMAINS IN ACCORDANCE WITH THE PROVISIONS OF
THIS SECTION, SHALL BE HELD HARMLESS FOR ANY COSTS OR DAMAGES, EXCEPT IF
THERE IS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; AND

S. 7562--B                          3

  (B) SHALL  BE  DISCHARGED  FROM  ANY  LEGAL  OBLIGATION  OR  LIABILITY
CONCERNING THE CREMATED REMAINS.
  6.  THE  ESTATE OF THE DECEDENT SHALL BE RESPONSIBLE FOR REIMBURSING A
FUNERAL DIRECTOR, UNDERTAKER, FUNERAL FIRM OR VETERANS'  SERVICE  ORGAN-
IZATION FOR ALL REASONABLE EXPENSES INCURRED IN RELATION TO THE DISPOSI-
TION OF SUCH CREMATED REMAINS.
  7.  A FUNERAL DIRECTOR, UNDERTAKER OR FUNERAL FIRM SHALL ESTABLISH AND
MAINTAIN A RECORD IDENTIFYING THE VETERANS' SERVICE ORGANIZATION RECEIV-
ING THE CREMATED REMAINS AND THE SITE DESIGNATED FOR  FINAL  DISPOSITION
OF THE CREMATED REMAINS.
  8. NOTHING IN THIS SECTION SHALL REQUIRE A FUNERAL DIRECTOR, UNDERTAK-
ER  OR  FUNERAL  FIRM  TO  DETERMINE OR SEEK OTHERS TO DETERMINE THAT AN
INDIVIDUAL'S CREMATED REMAINS ARE THOSE OF  A  VETERAN  IF  THE  FUNERAL
DIRECTOR,  UNDERTAKER  OR  FUNERAL  FIRM  WAS  INFORMED BY THE PERSON IN
CONTROL OF DISPOSITION THAT SUCH INDIVIDUAL WAS NOT  A  VETERAN,  OR  TO
RELINQUISH  POSSESSION  OF  SUCH CREMATED REMAINS TO A VETERANS' SERVICE
ORGANIZATION IF THE FUNERAL DIRECTOR, UNDERTAKER  OR  FUNERAL  FIRM  WAS
INSTRUCTED  BY  SUCH PERSON IN CONTROL, OR HAD A REASONABLE BELIEF, THAT
THE DECEDENT DID NOT DESIRE ANY FUNERAL OR  BURIAL-RELATED  SERVICES  OR
CEREMONIES RECOGNIZING SUCH DECEDENT'S SERVICE AS A VETERAN.
  S 3. This act shall take effect November 11, 2010.

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Senate Bill S7562B

Signed By Governor

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Archive: Last Bill Status Via A10754 - Signed by Governor

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Jun 25, 2010 - Floor Vote

Floor Vote: Jun 25, 2010

Jun 25, 2010 - Rules Committee Vote

Rules Committee Vote: Jun 25, 2010

Bill Amendments

2009-S7562 - Details

2009-S7562 - Summary

2009-S7562 - Sponsor Memo

2009-S7562 - Bill Text download pdf

2009-S7562A - Details

2009-S7562A - Summary

2009-S7562A - Sponsor Memo

2009-S7562A - Bill Text download pdf

2009-S7562B (ACTIVE) - Details

2009-S7562B (ACTIVE) - Summary

2009-S7562B (ACTIVE) - Sponsor Memo

2009-S7562B (ACTIVE) - Bill Text download pdf

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Senate Bill S7562B

Signed By Governor

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status Via A10754 - Signed by Governor

Actions

Votes

Bill Amendments

2009-S7562 - Details

2009-S7562 - Summary

2009-S7562 - Sponsor Memo

2009-S7562 - Bill Text download pdf

2009-S7562A - Details

2009-S7562A - Summary

2009-S7562A - Sponsor Memo

2009-S7562A - Bill Text download pdf

2009-S7562B (ACTIVE) - Details

2009-S7562B (ACTIVE) - Summary

2009-S7562B (ACTIVE) - Sponsor Memo

2009-S7562B (ACTIVE) - Bill Text download pdf

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