S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3338
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ORTIZ, RAIA -- read once and referred 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. 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:
 § 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
 corporation and not infringe upon the privacy of the remains of deceased
 human beings.
   (2) The following are authorized  persons:  (i)  licensed,  registered
 funeral directors, registered residents, and enrolled students of mortu-
 ary  science;  (ii)  officers  and trustees of the cemetery corporation;

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

                                                            LBD07358-01-9

 A. 3338                             2
 
 (iii) authorized employees or their authorized agents  of  the  cemetery
 corporation;  (iv)  public  officers  acting  in  the discharge of their
 duties; (v) authorized instructors of funeral  directing  schools;  (vi)
 licensed physicians or nurses; and (vii) members of the immediate family
 of  the  deceased  and  their authorized agents and designated represen-
 tatives.
   (c) Identification of deceased human beings. (1)  No  crematory  shall
 cremate the remains of any deceased human being without the accompanying
 cremation permit, required pursuant to section four thousand one hundred
 forty-five  of  the  public  health  law  which  permit shall constitute
 presumptive evidence of the identity of the said remains.  In  addition,
 all  crematories situated outside the city of New York, must comply with
 paragraph (b) of subdivision two of section four  thousand  one  hundred
 forty-five  of  the  public health law pertaining to the receipt for the
 deceased human being. From the time of such delivery to  the  crematory,
 until  the  time  the  crematory  delivers the cremains as directed, the
 crematory shall be responsible for the remains  of  the  deceased  human
 being. Further, a cremation authorization form must accompany the permit
 required  in  section four thousand one hundred forty-five of the public
 health law. This form, provided or approved by the  crematory,  must  be
 signed  by the next of kin or authorizing agent attesting to the permis-
 sion for the cremation of the deceased, and disclosing to the  crematory
 that  such  body  does  not contain a battery, battery pack, power cell,
 radioactive implant, or radioactive device, if any, and that these mate-
 rials were removed prior to the cremation process.
   (2) Upon good cause being shown rebutting the presumption of the iden-
 tity of such remains, the cremation shall not commence until  reasonable
 confirmation  of  the identity of the deceased human being is made. This
 proof may be in the form of, but not limited to, a signed affidavit from
 a licensed physician, a member of  the  family  of  the  deceased  human
 being,  the  authorizing  agent  or a court order from the state supreme
 court within the county of the cemetery corporation. Such proof shall be
 provided by the authorizing agent.
   (3) The crematory shall have a written plan to assure that  the  iden-
 tification  established  by the cremation permit accompanies the remains
 of the deceased human being through the cremation process and until  the
 identity  of  the  deceased  is  accurately and legibly inscribed on the
 container in which the cremains are placed.
   (d) Opening of container holding the remains  of  the  deceased  human
 being.  (1)  The  casket,  alternative  container, or external wrappings
 holding the remains of the deceased human  being  shall  not  be  opened
 after  delivery  to  the  crematory  unless  there  exists good cause to
 confirm the identity of the deceased, or to assure that no  material  is
 enclosed  which  might  cause injury to employees or damage to crematory
 property, or upon reasonable demand by members of the  immediate  family
 or the authorized agent.
   (2)  In  such instances in which the casket, alternative container, or
 wrappings are opened after delivery to the crematory, such action  shall
 only  be  conducted by the licensed funeral director or registered resi-
 dent delivering the remains of the deceased human being  and  if  neces-
 sary,  with  the assistance of crematory personnel and a record shall be
 made, which shall include the reason for such action, the  signature  of
 the  person authorizing the opening thereof, and the names of the person
 opening the container and the witness thereto, which shall  be  retained
 in  the  permanent  file  of the crematory. The opening of the container
 shall be conducted in the presence of the witness and shall comply  with

 A. 3338                             3
 
 all  rules  and regulations intended to protect the health and safety of
 crematory personnel.
   (e)  Ceremonial  casket  cremation  disclosure.  In those instances in
 which the remains of deceased human beings are  to  be  delivered  to  a
 crematory  in  a  casket  that  is not to be cremated with the deceased,
 timely disclosure thereof must be made by the person making the  funeral
 arrangements to the crematory that prior to cremation the remains of the
 deceased  human  being shall be transferred to an alternative container.
 Such signed acknowledgement of the authorizing person, that  the  timely
 disclosure  has  been  made,  shall  be retained by the crematory in its
 permanent records.
   (f) Transferring remains. (1) The remains of a  deceased  human  being
 shall not be removed from the casket, alternative container, or external
 wrappings  in  which  it  is delivered to the crematory unless explicit,
 signed authorization is provided by the person making  funeral  arrange-
 ments  or  by  a  public  officer discharging his or her statutory duty,
 which signed authorization shall be retained by  the  crematory  in  its
 permanent records.
   (2)  When  the remains of a deceased human being are to be transferred
 to an alternative container, the transfer shall be conducted in  privacy
 with  dignity and respect and by the licensed funeral director or regis-
 tered resident who delivered those remains and if  necessary,  with  the
 assistance  of  crematory  personnel.  The  transferring operation shall
 comply with all rules and regulations intended to protect the health and
 safety of crematory personnel.
   (g) Commingling human remains. The cremation of remains of  more  than
 one deceased human being in a retort at any one time is unlawful, except
 upon  the  explicit, signed authorization provided by the persons making
 funeral arrangements and the signed approval  of  the  crematory,  which
 shall be retained by the crematory in its permanent records.
   (h)  Processing  of cremains. (1) Upon the completion of the cremation
 of the remains of a deceased human being, the  interior  of  the  retort
 shall  be thoroughly swept so as to render the retort reasonably free of
 all matter. The contents thereof shall  be  placed  into  an  individual
 container  and  not commingled with other cremains. The cremation permit
 shall be attached to the individual container preparatory to final proc-
 essing.
   (2) A magnet and sieve, or other appropriate method of separation, may
 be used to divide the cremains from unrecognizable incidental or foreign
 material.
   (3) The incidental and foreign material of the cremation process shall
 be disposed of in a safe manner in compliance with  all  sanitary  rules
 and regulations as byproducts.
   (4)  The  cremains  shall  be  pulverized  until no single fragment is
 recognizable as skeletal tissue.
   (5) The  pulverized  cremains  shall  be  transferred  to  a  sealable
 container or containers whose inside dimension shall be of suitable size
 to contain the entire cremains of the person who was cremated.
   (6) The prescribed sealable container or containers shall be accurate-
 ly  and legibly labeled with the identification of the human being whose
 cremains are contained therein, in a manner acceptable to  the  division
 of cemeteries.
   (i)  Disposition of cremains. The authorizing agent shall be responsi-
 ble for the final disposition of the cremains. Cremains must be disposed
 of by placing them in a grave, crypt, or niche, by scattering them in  a
 designated  scattering  garden or area, or in any manner whatever on the

 A. 3338                             4
 
 private property of a consenting owner or by delivery to the authorizing
 agent or a person specifically designated by the authorizing agent. Upon
 completion of the cremation process, if the cemetery corporation has not
 been  instructed  to arrange for the interment, entombment, inurnment or
 scattering of the cremains, the cemetery corporation shall  deliver  the
 cremains to the individual specified on the cremation authorization form
 or  the funeral firm of record. The delivery may be made in person or by
 registered mail. Upon receipt of the cremains, the individual  receiving
 them may transport them in any manner in the state without a permit, and
 may dispose of them in accordance with this section. After delivery, the
 cemetery  corporation  shall  be discharged from any legal obligation or
 liability concerning the cremains. If, after a  period  of  one  hundred
 twenty  days  from  the date of the cremation, the authorizing agent has
 not instructed the cemetery corporation to arrange for the final  dispo-
 sition of the cremains or claimed the cremains, the cemetery corporation
 may dispose of the cremains in any manner permitted by this section. The
 cemetery corporation, however, shall keep a permanent record identifying
 the  site of final disposition. The authorizing agent shall be responsi-
 ble for reimbursing the cemetery corporation for all reasonable expenses
 incurred in disposing of the cremains. Upon disposing of  the  cremains,
 the  cemetery  corporation 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:
   (1)  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
   (2) place cremains of more than  one  person  in  the  same  temporary
 container or urn.
   (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-
 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'

 A. 3338                             5
 
 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.
   (K)  Crematory  operation  certification.  Any employee of a crematory
 whose function is to conduct the daily operations of the cremation proc-
 ess shall be certified by an organization approved by  the  division  of
 cemeteries.  Proof of such certification must be posted in the crematory
 and available for inspection at any time. Any new employees of a  crema-
 tory  required  to  be  certified  under this section shall be certified
 within one year of  their  employment.  Any  employees  of  a  crematory
 required  to  be  certified under this section and retained prior to the
 effective date of this paragraph shall be certified within one  year  of
 such  effective  date.  Renewal of such certification shall be completed
 every five years from the date of certification.
   § 2. This act shall take effect November 11, 2020.