senate Bill S1469A

2011-2012 Legislative Session

Relates to the disposition of unclaimed cremated remains of a veteran

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2012 referred to corporations, authorities and commissions
delivered to assembly
passed senate
ordered to third reading cal.1145
committee discharged and committed to rules
Jun 08, 2012 print number 1469a
amend and recommit to veterans, homeland security and military affairs
Jan 04, 2012 referred to veterans, homeland security and military affairs
returned to senate
died in assembly
Jun 20, 2011 referred to corporations, authorities and commissions
delivered to assembly
passed senate
ordered to third reading cal.1366
Jun 17, 2011 committee discharged and committed to rules
Jan 07, 2011 referred to veterans, homeland security and military affairs

Votes

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Jun 12, 2012 - Rules committee Vote

S1469A
24
0
committee
24
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Jun 17, 2011 - Rules committee Vote

S1469
24
0
committee
24
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S1469 - Bill Details

See Assembly Version of this Bill:
A2356A
Current Committee:
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1517, N-PC L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A2356
2009-2010: A10166, A2356, S6840A

S1469 - Bill Texts

view summary

Allows cemetery corporations 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 hundred twenty days after cremation.

view sponsor memo
BILL NUMBER:S1469

TITLE OF BILL:

An act
to amend the not-for-profit corporation law, in relation to
disposition of unclaimed cremated remains of a veteran

PURPOSE:

To ensure the cremains (the remains of a cremated body) of veterans
are properly and respectfully disposed of if not claimed, allowing
for proper acknowledgement of those who have served our nation.

SUMMARY OF PROVISIONS:

Section one re-letters paragraph (j) of section 1517 of the
not-for-profit corporations law to paragraph (k), and a new paragraph
(j) is added. The new paragraph (j) provides that qualified tax
exempt veterans organizations or federally chartered veteran's
service organization will be given the right to receive and
respectfully dispose of the cremated remains of the unclaimed bodies
of veterans, if such remains have not been claimed by a relative or
friend of the deceased within a designated period after cremation has
taken place.

JUSTIFICATION:

Millions of American service men and women have fought for the united
States in two World Wars, Korea, Vietnam, the Persian Gulf, the
ongoing wars in Iraq and Afghanistan, and numerous other small
conflicts. Those same service men and women have also carried out
humanitarian relief projects on behalf of the limited States in every
comer of the world. Sadly, however, the remains of some of those
heroes sit unclaimed and forgotten on the shelves in funeral homes,
hospitals, prisons, crematories and other facilities. (See, e.g.,
"Abandoned cremains of veterans laid to rest," TEANECK SUBURBANITE,
August 20, 2009.) It is fitting we provide a way for the remains of
those lost heroes to receive the respectful and honorable interment
they deserve.

In 2009, the states of New Jersey and Illinois enacted laws concerning
the final disposition of the unclaimed remains of veterans' bodies
after cremation. Sadly, New York has not yet adopted a similar policy
to allow the brothers and sisters in service of our fallen heroes the
ability to serve their former comrades one final time. It is time New
York adopts the same policy.

By allowing veteran's organizations to carry out the proper burial
procedures, rather than allow the cremated remains of American
veterans to lay abandoned for decades, we pay due respect to those
who have served to protect the life and liberty of this nation.

LEGISLATIVE HISTORY:

2010: S.6480-A Passed Senate


A.10166 Referred to Rules

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect November 11, 2011.

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

                                  1469

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sens. PARKER, ADAMS, ADDABBO, HASSELL-THOMPSON, HUNTLEY,
  KRUEGER, MONTGOMERY, PERALTA, PERKINS, SAVINO, SMITH, SQUADRON -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Veterans, Homeland Security and Military Affairs

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01714-01-1

S. 1469                             2

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, 2011.

Co-Sponsors

view additional co-sponsors

S1469A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2356A
Current Committee:
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1517, N-PC L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A2356
2009-2010: A10166, A2356, S6840A

S1469A (ACTIVE) - Bill Texts

view summary

Allows cemetery corporations 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 hundred twenty days after cremation.

view sponsor memo
BILL NUMBER:S1469A

TITLE OF BILL:
An act
to amend the not-for-profit corporation law, in relation to
disposition of unclaimed cremated remains of a veteran

PURPOSE:
To ensure the cremains (the remains of a cremated body) of veterans
are properly and respectfully disposed of if not claimed, allowing
for proper acknowledgement of those who have served our nation.

SUMMARY OF PROVISIONS:
Section one re-letters paragraph (j) of section 1517 of the
not-for-profit corporations law to paragraph (k), and a new paragraph
(j) is added. The new paragraph (j) provides that qualified tax
exempt veterans organizations or federally chartered veteran's
service organization will be given the right to receive and
respectfully dispose of the cremated remains of the unclaimed bodies
of veterans, if such remains have not been claimed by a relative or
friend of the deceased within a designated period after cremation has
taken place.

JUSTIFICATION:
Millions of American service men and women have fought for the united
States in two World Wars, Korea, Vietnam, the Persian Gulf, the
ongoing wars in Iraq and Afghanistan, and numerous other small
conflicts. Those same service men and women have also carried out
humanitarian relief projects on behalf of the limited States in every
comer of the world. Sadly, however, the remains of some of those
heroes sit unclaimed and forgotten on the shelves in funeral homes,
hospitals, prisons, crematories and other facilities. (See, e.g.,
"Abandoned cremains of veterans laid to rest," TEANECK SUBURBANITE,
August 20, 2009.) It is fitting we provide a way for the remains of
those lost heroes to receive the respectful and honorable interment
they deserve.

In 2009, the states of New Jersey and Illinois enacted laws concerning
the final disposition of the unclaimed remains of veterans' bodies
after cremation. Sadly, New York has not yet adopted a similar policy
to allow the brothers and sisters in service of our fallen heroes the
ability to serve their former comrades one final time. It is time New
York adopts the same policy.

By allowing veteran's organizations to carry out the proper burial
procedures, rather than allow the cremated remains of American
veterans to lay abandoned for decades, we pay due respect to those
who have served to protect the life and liberty of this nation.

LEGISLATIVE HISTORY:
2010: S.6480-A Passed Senate A.10166 Referred to Rules

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect November 11, 2012.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1469--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sens. PARKER, ADAMS, ADDABBO, HASSELL-THOMPSON, HUNTLEY,
  KRUEGER, MONTGOMERY, PERALTA, PERKINS, SAVINO, SMITH, SQUADRON -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Veterans,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01714-02-2

S. 1469--A                          2

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.

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