S T A T E O F N E W Y O R K
________________________________________________________________________
7257
2019-2020 Regular Sessions
I N A S S E M B L Y
April 18, 2019
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to the disposition of
cremated remains
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 4202 of the public health law, as
amended by chapter 91 of the laws of 1987, is amended to read as
follows:
4. At the time of the arrangement for a funeral performed by any
undertaker or funeral director, the person contracting for funeral
services shall designate his OR HER intentions with respect to the
disposition of the remains of the deceased in a signed declaration of
intent on a form as designated by the department which shall be provided
by and retained by the undertaker. Every undertaker, administrator,
executor, authorized representative of a deceased person, corporation,
company or association, or other person having in his, HER or its lawful
possession cremated remains, except such remains committed to his, HER
or its care for permanent interment, which remains shall not have been
claimed by a relative or friend of the deceased person within one
hundred twenty days from the date of cremation, may dispose of such
remains by placement in a tomb, mausoleum, crypt, niche in a columbari-
um, burial in a cemetery, or scattering of the remains at sea or IN A
DESIGNATED SCATTERING AREA AT A REGULATED CEMETERY CORPORATION AS
DEFINED IN ARTICLE FIFTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW OR by
otherwise disposing of such remains as provided by rule of the depart-
ment. A record of such disposition shall be made and kept by the person
making such disposition. Upon disposing of such remains in the manner
prescribed above, such person shall be discharged from any legal obli-
gation or liability in relation to such remains. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, AT THE END OF THIS ONE HUNDRED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10864-01-9
A. 7257 2
TWENTY DAY PERIOD WHERE SUCH REMAINS HAVE NOT BEEN CLAIMED PURSUANT TO
THIS SUBDIVISION, A FUNERAL DIRECTOR MAY, ONLY WITH THE WRITTEN CONSENT
OF A REGULATED CEMETERY CORPORATION AS DEFINED IN ARTICLE FIFTEEN OF THE
NOT-FOR-PROFIT CORPORATION LAW, DISPOSE OF THE UNCLAIMED REMAINS BY
PROVIDING THEM TO SUCH CEMETERY WHICH MAY SEEK THE AUTHORIZATION FROM
THE AUTHORIZED REPRESENTATIVE, NEXT OF KIN, RELATIVE OR FRIEND OF THE
DECEASED PERSON TO MEMORIALIZE AND INTER SUCH UNCLAIMED REMAINS BY
PLACEMENT IN A TOMB, MAUSOLEUM, CRYPT, NICHE IN A COLUMBARIUM, BURIAL IN
A CEMETERY, OR SCATTERING OF THE REMAINS IN A DESIGNATED SCATTERING AREA
AT SUCH CEMETERY OR AT SEA OR BY OTHERWISE DISPOSING OF SUCH REMAINS AS
PROVIDED BY RULE OF THE DEPARTMENT. IF AFTER AN ADDITIONAL ONE HUNDRED
TWENTY DAYS FROM THE DATE OF TRANSFER OF THE UNCLAIMED REMAINS TO THE
CEMETERY, THE REMAINS SHALL NOT HAVE BEEN CLAIMED BY THE AUTHORIZED
REPRESENTATIVE, NEXT OF KIN, RELATIVE OR FRIEND OF THE DECEASED PERSON
OR SUCH PERSON HAS NOT OTHERWISE DIRECTED THE CEMETERY TO MEMORIALIZE OR
INTER THE UNCLAIMED REMAINS, THE CEMETERY MAY DISPOSE OF SUCH REMAINS BY
PLACEMENT IN A TOMB, MAUSOLEUM, CRYPT, NICHE IN A COLUMBARIUM, BURIAL IN
A CEMETERY, OR SCATTERING OF THE REMAINS IN A DESIGNATED SCATTERING AREA
AT SUCH CEMETERY OR AT SEA OR BY OTHERWISE DISPOSING OF SUCH REMAINS AS
PROVIDED BY RULE OF THE DEPARTMENT. A RECORD OF SUCH DISPOSITION SHALL
BE MADE AND KEPT BY THE PERSON MAKING SUCH DISPOSITION. UPON DISPOSING
OF SUCH REMAINS IN THE MANNER PRESCRIBED ABOVE, SUCH FUNERAL DIRECTOR
AND CEMETERY CORPORATION SHALL BE DISCHARGED FROM ANY LEGAL OBLIGATION
OR LIABILITY IN RELATION TO SUCH REMAINS.
§ 2. This act shall take effect immediately.