Bill Text: NY A09839 | 2019-2020 | General Assembly | Introduced
Bill Title: Provides for the creation, operation, and duties of natural organic reduction facilities as cemetery corporations for the contained, accelerated conversion of human remains to soil.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2020-02-26 - reported referred to codes [A09839 Detail]
Download: New_York-2019-A09839-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9839 IN ASSEMBLY February 20, 2020 ___________ Introduced by M. of A. PAULIN -- 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 the creation, operation, and duties of natural organic reduction facili- ties as cemetery corporations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a), (m), (n) and (o) of section 1502 of the 2 not-for-profit corporation law, paragraph (a) as added by chapter 871 of 3 the laws of 1977, paragraphs (m), (n) and (o) as added by chapter 579 of 4 the laws of 2006, are amended and two new paragraphs (t) and (u) are 5 added to read as follows: 6 (a) The term "cemetery corporation" means any corporation formed under 7 a general or special law for the disposal or burial of deceased human 8 beings, by cremation, natural organic reduction or in a grave, mausole- 9 um, vault, columbarium or other receptacle but does not include a family 10 cemetery corporation or a private cemetery corporation. 11 (m) The term "holding facility" or "temporary storage facility" means 12 an area that (i) is designated for the retention of human remains prior 13 to cremation or natural organic reduction; (ii) complies with all appli- 14 cable public health laws, (iii) preserves the health and safety of the 15 crematory or natural organic reduction facility personnel; and (iv) is 16 secure from access by anyone other than authorized persons. The interior 17 of such facility shall not be visible from any area accessible to the 18 general public. 19 (n) The [term] terms "cremation permit" [means] and "natural organic 20 reduction permit" mean the burial and removal permit required pursuant 21 to section forty-one hundred forty-five of the public health law that is 22 annotated for disposition of the remains of a deceased human being by 23 cremation or natural organic reduction. 24 (o) The [term] terms "cremation authorization" [means] and "natural 25 organic reduction authorization" mean the crematory or natural organic 26 reduction form authorizing a cremation or natural organic reduction 27 which is signed by the next of kin or authorizing agent. This crematory EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14715-04-0A. 9839 2 1 or natural organic reduction form must be a separate document and cannot 2 be a part of another form or document. 3 (t) The term "natural organic reduction" means the contained, acceler- 4 ated conversion of human remains to soil. 5 (u) The term "natural organic reduction facility" means a structure, 6 room, or other space in a building or real property where natural organ- 7 ic reduction of a human body occurs. 8 § 2. Section 1503 of the not-for-profit corporation law, as separately 9 amended by chapters 579 and 580 of the laws of 2006, is amended to read 10 as follows: 11 § 1503. Application. 12 (a) Except as otherwise provided in paragraph (b) of this section, 13 section fifteen hundred five-b, paragraph (c) of section fifteen hundred 14 seven, [and] paragraph (m) of section fifteen hundred ten, and section 15 fifteen hundred eighteen of this article does not apply to (1) a reli- 16 gious corporation, (2) a municipal corporation, (3) a cemetery corpo- 17 ration owning a cemetery operated, supervised or controlled by or in 18 connection with a religious corporation or (4) a cemetery belonging to a 19 religious or a municipal corporation, or operated, supervised or 20 controlled by or in connection with a religious corporation unless any 21 officer, member or employee of any such corporation shall receive or may 22 be lawfully entitled to receive any pecuniary profit from the operations 23 thereof, other than reasonable compensation for services in effecting 24 one or more of the purposes of such corporation or as proper benefici- 25 aries of its strictly charitable purposes or unless the organization of 26 any such corporation for any of its avowed purposes be a guise or 27 pretense for directly or indirectly making any other pecuniary profit 28 for such corporation, or for any of its officers, members or employees, 29 and unless any such corporation is not, in good faith, organized or 30 conducted exclusively for one or more of its stated purposes. 31 (b) All crematories or natural organic reduction facilities shall be 32 subject to inspection by the division of cemeteries. Upon inspection, 33 the crematory or natural organic reduction facility may be asked to 34 produce any and all records for the operation and maintenance of the 35 crematory or natural organic reduction facility. These records may 36 include but not be limited to cremation or natural organic reduction 37 authorizations, rules and regulations of the crematory or natural organ- 38 ic reduction facility, procedures as set forth in section fifteen 39 hundred seventeen of this article, and the written procedure of the 40 identification of remains. 41 § 3. The not-for-profit corporation law is amended by adding a new 42 section 1505-b to read as follows: 43 § 1505-b. Additional requirements for incorporation of natural organic 44 reduction facilities. 45 (a) Approval. A cemetery corporation seeking the approval to operate a 46 natural organic reduction facility shall submit for approval by the 47 cemetery board the following: 48 (1) a list of the directors, employees, and certificate holders of the 49 cemetery corporation; 50 (2) a certified survey of the site and location within the county it 51 will be situated; 52 (3) a business plan for the operation of the natural organic reduction 53 facility to include, but not be limited to, number of expected natural 54 organic reductions per year, number of natural organic reduction units, 55 manufacture, capital costs, financing, anticipated number of employees, 56 types of services provided, pricing thereof;A. 9839 3 1 (4) a description of the impact of the proposed natural organic 2 reduction facility on other natural organic reduction facilities, if 3 any, within the county; 4 (5) plans, designs, and costs of any structures to be erected or 5 retrofitted for the natural organic reduction facility use; and 6 (6) a description of any approvals or permits required by state or 7 local law. No natural organic reduction facility shall be approved until 8 such other approvals or permits have been obtained. 9 (b) Further information. Within thirty-five days following receipt of 10 the information required by paragraph (a) of this section, the cemetery 11 board or the division of cemeteries may request from the cemetery corpo- 12 ration any additional information or documentation and technical assist- 13 ance deemed necessary to review such information. Such information shall 14 not be deemed complete until the requested additional information has 15 been received. If no such request is made, the submission shall be 16 deemed complete on the thirty-fifth day after its receipt by the divi- 17 sion of cemeteries. 18 (c) Determination. The cemetery board shall approve or deny the 19 proposed natural organic reduction facility within ninety days of the 20 completed submission. 21 (d) Notification. The cemetery board shall provide written notice of 22 its determination to the cemetery corporation. If a negative determi- 23 nation is made, such notice shall state the reasons therefor. Notice 24 shall be made by registered or certified mail addressed to the cemetery 25 corporation at its principal office. 26 § 4. Paragraph (c) of section 1508 of the not-for-profit corporation 27 law, as amended by chapter 579 of the laws of 2006, is amended to read 28 as follows: 29 (c) Cemetery payment for administration. To defray the expenses of 30 examination and administration, each cemetery corporation shall not 31 later than March fifteenth in each calendar year, pay to the cemetery 32 board the sum of three dollars per interment and cremation or natural 33 organic reduction in excess of fifteen interments [or], cremations, or 34 natural organic reductions for the preceding calendar year. No contrib- 35 ution shall be collected upon the interment of the [cremains] remains of 36 a deceased person where a contribution was collected upon cremation or 37 natural organic reduction. 38 § 5. Paragraph (c) of section 1510 of the not-for-profit corporation 39 law, as amended by chapter 579 of the laws of 2006, is amended to read 40 as follows: 41 (c) Record of burials, natural organic reductions or cremations. A 42 record shall be kept of every burial in the cemetery of a cemetery 43 corporation, showing the date of burial, the name, age, and place of 44 birth of the person buried, when these particulars can be conveniently 45 obtained, and the lot, plot, or part thereof, in which such burial was 46 made. A copy of such record, duly certified by the secretary of such 47 corporation, shall be furnished on demand and payment of such fees 48 therefor as are allowed the county clerk for certified copies of 49 records. Notwithstanding any other provision of this section, all ceme- 50 tery corporations which conduct cremations or natural organic reductions 51 shall maintain permanent records of the name of the deceased human 52 being, the funeral home from which the remains were received, the 53 receipt of delivery of the deceased human remains, the authorizing agent 54 for the cremation or natural organic reduction, and the manner of dispo- 55 sition of the [cremains] remains. Such records may be reviewed by the 56 division of cemeteries at any time.A. 9839 4 1 § 6. The not-for-profit corporation law is amended by adding a new 2 section 1518 to read as follows: 3 § 1518. Natural organic reduction facility operations. 4 Cemetery corporations that operate a natural organic reduction facili- 5 ty shall have the following duties and obligations: 6 (a) Maintenance and privacy. (1) A natural organic reduction facility 7 shall be maintained in a clean, orderly, and sanitary manner, with 8 adequate ventilation and shall have a temporary storage area available 9 to store the remains of deceased human beings pending disposition by 10 natural organic reduction, the interior of which shall not be accessible 11 to the general public. 12 (2) Entrances and windows of the facility shall be maintained at all 13 times to secure privacy, including (i) doors shall be tightly closed and 14 rigid; (ii) windows shall be covered; and (iii) entrances shall be 15 locked and secured when not actively attended by authorized facility 16 personnel. 17 (b) Natural organic reduction process. (1) The natural organic 18 reduction process shall be conducted in privacy. No person except 19 authorized persons shall be admitted into the reduction area, holding 20 facility, or the temporary storage facility while the remains of 21 deceased human beings are being naturally organically reduced. Author- 22 ized persons, on admittance, shall comply with all rules of the cemetery 23 corporation and not infringe upon the privacy of the remains of deceased 24 human beings. 25 (2) The following are authorized persons: (i) licensed, registered 26 funeral directors, registered residents, and enrolled students of mortu- 27 ary science; (ii) officers and trustees of the cemetery corporation; 28 (iii) authorized employees or their authorized agents of the cemetery 29 corporation; (iv) public officers acting in the discharge of their 30 duties; (v) authorized instructors of funeral directing schools; (vi) 31 licensed physicians or nurses; and (vii) members of the immediate family 32 of the deceased and their authorized agents and designated represen- 33 tatives. 34 (c) Identification of deceased human beings. (1) No natural organic 35 reduction facility shall naturally organically reduce the remains of any 36 deceased human being without the accompanying natural organic reduction 37 permit, required pursuant to section forty-one hundred forty-five of the 38 public health law which permit shall constitute presumptive evidence of 39 the identity of the said remains. In addition, all natural organic 40 reduction facilities situated outside the city of New York, must comply 41 with paragraph (b) of subdivision two of section forty-one hundred 42 forty-five of the public health law pertaining to the receipt for the 43 deceased human being. From the time of such delivery to the natural 44 organic reduction facility, until the time the natural organic reduction 45 facility distributes the remains as directed, the facility shall be 46 responsible for the remains of the deceased human being. Further, a 47 natural organic reduction authorization form shall accompany the permit 48 required in section forty-one hundred forty-five of the public health 49 law. This form, provided or approved by the facility, shall be signed by 50 the next of kin or authorizing agent attesting to the permission for the 51 natural organic reduction of the deceased, and disclosing to the natural 52 organic reduction facility that such body does not contain a battery, 53 battery pack, power cell, radioactive implant, or radioactive device, if 54 any, and that these materials were removed prior to the natural organic 55 reduction process.A. 9839 5 1 (2) Upon good cause being shown rebutting the presumption of the iden- 2 tity of such remains, the natural organic reduction shall not commence 3 until reasonable confirmation of the identity of the deceased human 4 being is made. This proof may be in the form of, but not limited to, a 5 signed affidavit from a licensed physician, a member of the family of 6 the deceased human being, the authorizing agent or a court order from 7 the state supreme court within the county of the cemetery corporation. 8 Such proof shall be provided by the authorizing agent. 9 (3) The facility shall have a written plan to assure that the iden- 10 tification established by the natural organic reduction permit accompa- 11 nies the remains of the deceased human being through the natural organic 12 reduction process and until the identity of the deceased is accurately 13 and legibly inscribed on the container in which the remains are tempo- 14 rarily placed. 15 (d) Opening of a container holding the remains of the deceased human 16 being. (1) The remains of a deceased human being shall be delivered to 17 the natural organic reduction facility in an alternative container or in 18 external wrappings sufficient to contain the remains and also designed 19 to fully decompose in the natural reduction process. Such alternative 20 container or external wrappings holding the remains of the deceased 21 human being shall not be opened after delivery to the natural organic 22 reduction facility unless there exists good cause to confirm the identi- 23 ty of the deceased, or to assure that no material is enclosed which 24 might cause injury to employees or damage to natural organic reduction 25 facility property, or upon reasonable demand by members of the immediate 26 family or the authorized agent. 27 (2) In such instances in which alternative container or wrappings are 28 opened after delivery to the natural organic reduction facility, such 29 action shall only be conducted by the licensed funeral director or 30 registered resident delivering the remains of the deceased human being 31 and a record shall be made, which shall include the reason for such 32 action, the signature of the person authorizing the opening thereof, and 33 the names of the person opening the container or wrappings and the 34 witness thereto, which shall be retained in the permanent file of the 35 natural organic reduction facility. The opening of the container or 36 wrapping shall be conducted in the presence of the witness and shall 37 comply with all rules and regulations intended to protect the health and 38 safety of natural organic reduction facility personnel. 39 (e) Ceremonial casket natural organic reduction disclosure. In those 40 instances in which the remains of deceased human beings are to be deliv- 41 ered to a natural organic reduction facility in a casket that is not to 42 be naturally organically reduced with the deceased, timely disclosure 43 thereof must be made by the person making the funeral arrangements to 44 the natural organic reduction facility that prior to natural organic 45 reduction the remains of the deceased human being shall be transferred 46 to an alternative container. Such signed acknowledgement of the author- 47 izing person, that the timely disclosure has been made, shall be 48 retained by the natural organic reduction facility in its permanent 49 records. 50 (f) Transferring remains. (1) The remains of a deceased human being 51 shall not be removed from the casket, alternative container, or external 52 wrappings in which it is delivered to the natural organic reduction 53 facility unless explicit, signed authorization is provided by the person 54 making funeral arrangements or by a public officer discharging his or 55 her statutory duty, which signed authorization shall be retained by the 56 natural organic reduction facility in its permanent records.A. 9839 6 1 (2) When the remains of a deceased human being are to be transferred 2 to an alternative container, the transfer shall be conducted in privacy 3 with dignity and respect and by the licensed funeral director or regis- 4 tered resident who delivered those remains. The transferring operation 5 shall comply with all rules and regulations intended to protect the 6 health and safety of facility personnel. 7 (g) Commingling human remains. The natural organic reduction of 8 remains of more than one deceased human being in a reduction container 9 at any one time is unlawful, except upon the explicit, signed authori- 10 zation provided by the persons making funeral arrangements and the 11 signed approval of the natural organic reduction facility, which shall 12 be retained by the natural organic reduction facility in its permanent 13 records. 14 (h) Processing of remains. (1) Upon the completion of the natural 15 organic reduction of the remains of a deceased human being, the interior 16 of the natural organic reduction container shall be thoroughly swept or 17 otherwise cleaned so as to render the natural organic reduction contain- 18 er reasonably free of all matter. The contents thereof shall be placed 19 into an individual container and not commingled with other remains. The 20 natural organic reduction permit shall be attached to the individual 21 container preparatory to final processing. 22 (2) A magnet and sieve, or other appropriate method of separation, may 23 be used to divide the remains from unrecognizable incidental or foreign 24 material. 25 (3) The incidental and foreign material of the natural organic 26 reduction process shall be disposed of in a safe manner in compliance 27 with all sanitary rules and regulations as byproducts. 28 (4) The remains shall be pulverized until no single fragment is recog- 29 nizable as skeletal tissue. 30 (5) The pulverized remains shall be transferred to a container or to 31 multiple containers, if so requested in writing by the person making the 32 funeral arrangements for the natural organic reduction. Such container 33 or containers shall have inside dimensions of suitable size to contain 34 the remains of the person who was naturally organically reduced. 35 (6) The prescribed container or containers shall be accurately and 36 legibly labeled with the identification of the human being whose remains 37 are contained therein, in a manner acceptable to the division of ceme- 38 teries. 39 (i) Disposition of remains. The authorizing agent shall be responsible 40 for the final disposition of the remains. Disposition of remains result- 41 ing from the natural organic reduction process are not recoverable once 42 scattered or interred. Remains shall be disposed of by scattering them 43 in a designated scattering garden or area in a cemetery, or by prior 44 authorization by the cemetery corporation, by placing them in a grave, 45 crypt, or niche, or retrieval of the remains pursuant to prior authori- 46 zation by the authorizing agent or a person specifically designated by 47 the authorizing agent. Upon completion of the natural organic reduction 48 process, the cemetery corporation shall notify the authorizing agent and 49 funeral firm making such arrangements that the natural organic reduction 50 process has been completed and that the remains are prepared to be 51 disposed of in accordance with this paragraph. After disposition, the 52 cemetery corporation shall be discharged from any legal obligation or 53 liability concerning the remains. If, after a period of one hundred 54 twenty days from the date of the natural organic reduction, the author- 55 izing agent has not instructed the cemetery corporation to arrange for 56 the final disposition of the remains or claimed the remains, the ceme-A. 9839 7 1 tery corporation may dispose of the remains in any manner permitted by 2 this section. The cemetery corporation, however, shall keep a permanent 3 record identifying the site of final disposition. The authorizing agent 4 shall be responsible for reimbursing the cemetery corporation for all 5 reasonable expenses incurred in disposing of the remains. Upon disposing 6 of the remains, the cemetery corporation shall be discharged from any 7 legal obligation or liability concerning the remains. Except with the 8 express written permission of the authorizing agent, no person shall 9 place remains of more than one person in the same temporary container or 10 urn. 11 (j) Natural organic reduction facility operation certification. Any 12 employee of a natural organic reduction whose function is to conduct the 13 daily operations of the cremation or natural organic reduction process 14 shall be certified by an organization approved by the division of ceme- 15 teries. Proof of such certification shall be posted in the natural 16 organic reduction facility and available for inspection at any time. Any 17 new employees of a natural organic reduction facility required to be 18 certified under this section shall be certified within one year of their 19 employment. Any employees of a natural organic reduction facility 20 required to be certified under this section and retained prior to the 21 effective date of this paragraph shall be certified within one year of 22 such effective date. Renewal of such certification shall be completed 23 every five years from the date of certification. 24 § 7. This act shall take effect on the ninetieth day after it shall 25 have become a law.
