senate Bill S1615B

2013-2014 Legislative Session

Relates to the disposition of unclaimed cremated remains of a veteran

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 06, 2014 referred to corporations, authorities and commissions
delivered to assembly
passed senate
Mar 03, 2014 advanced to third reading
Feb 27, 2014 2nd report cal.
Feb 26, 2014 1st report cal.175
Feb 10, 2014 print number 1615b
amend and recommit to corporations, authorities and commissions
Jan 08, 2014 referred to corporations, authorities and commissions
returned to senate
died in assembly
Jun 04, 2013 referred to corporations, authorities and commissions
delivered to assembly
passed senate
May 20, 2013 amended on third reading 1615a
May 08, 2013 advanced to third reading
May 07, 2013 2nd report cal.
May 06, 2013 1st report cal.535
Jan 09, 2013 referred to corporations, authorities and commissions

Votes

view votes

Feb 26, 2014 - Corporations, Authorities and Commissions committee Vote

S1615B
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Corporations, Authorities and Commissions committee vote details

Corporations, Authorities and Commissions Committee Vote: Feb 26, 2014

May 6, 2013 - Corporations, Authorities and Commissions committee Vote

S1615
5
0
committee
5
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: May 6, 2013

excused (1)

Co-Sponsors

S1615 - Details

Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1517, N-PC L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A2356, S1469A
2009-2010: A10166, A2356, S6840A

S1615 - 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.

S1615 - Sponsor Memo

S1615 - Bill Text download pdf

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

                                  1615

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

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.

Co-Sponsors

S1615A - Details

Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1517, N-PC L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A2356, S1469A
2009-2010: A10166, A2356, S6840A

S1615A - 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.

S1615A - Sponsor Memo

S1615A - Bill Text download pdf

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

                                 1615--A
    Cal. No. 535

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. PARKER, ADDABBO, SQUADRON -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Corpo-
  rations,  Authorities  and Commissions -- reported favorably from said
  committee, ordered to first and second  report,  ordered  to  a  third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading

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. Section 1517 of  the  not-for-profit  corporation  law,  as
added by chapter 579 of the laws of 2006, is amended to read as follows:
S 1517. Crematory operations.
  Cemetery  corporations that operate a crematory shall have the follow-
ing duties and obligations:
  (a) Maintenance and privacy. (1) A crematory facility shall  be  main-
tained  in  a  clean, orderly, and sanitary manner, with adequate venti-
lation and shall have a temporary storage area available  to  store  the
remains  of  deceased human beings pending disposition by cremation, the
interior of which shall not be accessible to the general public.
  (2) Entrances and windows of the crematory  facility  shall  be  main-
tained  at  all  times  to  secure privacy, including (i) doors shall be
tightly closed and rigid; (ii)  windows  shall  be  covered;  and  (iii)
entrances  shall  be  locked  and  secured when not actively attended by
authorized crematory personnel.
  (b) Cremation process. (1) The cremation process shall be conducted in
privacy. No person except authorized persons shall be admitted into  the
retort  area,  holding facility, or the temporary storage facility while
the remains of deceased human  beings  are  being  cremated.  Authorized
persons,  on  admittance,  shall  comply with all rules of the crematory

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

S1615B (ACTIVE) - Details

Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1517, N-PC L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A2356, S1469A
2009-2010: A10166, A2356, S6840A

S1615B (ACTIVE) - 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.

S1615B (ACTIVE) - Sponsor Memo

S1615B (ACTIVE) - Bill Text download pdf

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

                                 1615--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. PARKER, ADDABBO, BRESLIN, LATIMER, SAMPSON, SQUADRON
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Corporations, Authorities and Commissions -- reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its  place in the order of third reading -- recommitted to the Commit-
  tee on Corporations, Authorities and Commissions  in  accordance  with
  Senate  Rule  6, sec. 8 -- 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. Section 1517 of  the  not-for-profit  corporation  law,  as
added by chapter 579 of the laws of 2006, is amended to read as follows:
S 1517. Crematory operations.
  Cemetery  corporations that operate a crematory shall have the follow-
ing duties and obligations:
  (a) Maintenance and privacy. (1) A crematory facility shall  be  main-
tained  in  a  clean, orderly, and sanitary manner, with adequate venti-
lation and shall have a temporary storage area available  to  store  the
remains  of  deceased human beings pending disposition by cremation, the
interior of which shall not be accessible to the general public.
  (2) Entrances and windows of the crematory  facility  shall  be  main-
tained  at  all  times  to  secure privacy, including (i) doors shall be
tightly closed and rigid; (ii)  windows  shall  be  covered;  and  (iii)
entrances  shall  be  locked  and  secured when not actively attended by
authorized crematory personnel.
  (b) Cremation process. (1) The cremation process shall be conducted in
privacy. No person except authorized persons shall be admitted into  the

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

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