Assembly Bill A4531

2021-2022 Legislative Session

Relates to the disposition of cremated remains

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A4531 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §4202, Pub Health L
Versions Introduced in Other Legislative Sessions:
2019-2020: A7257
2023-2024: A2850

2021-A4531 (ACTIVE) - Summary

Permits a funeral director with written consent of a regulated cemetery corporation to provide remains which remain unclaimed after one hundred twenty days to such corporation for disposition.

2021-A4531 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4531
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 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.
              

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