S T A T E O F N E W Y O R K
________________________________________________________________________
2356--A
2011-2012 Regular Sessions
I N A S S E M B L Y
January 18, 2011
___________
Introduced by M. of A. CUSICK, COLTON, BENEDETTO, GUNTHER, REILLY,
SCHIMMINGER, WEISENBERG, SCHIMEL, M. MILLER, LUPARDO, ZEBROWSKI,
MAGNARELLI, WEPRIN, HOOPER -- Multi-Sponsored by -- M. of A. CRESPO,
MAGEE, McDONOUGH, McENENY -- read once and referred to the Committee
on Codes -- reference changed to the Committee on Corporations,
Authorities and Commissions -- 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'
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01714-03-2
A. 2356--A 2
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-
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, 2012.