Bill Text: NY S04646 | 2019-2020 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HEALTH [S04646 Detail]
Download: New_York-2019-S04646-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4646 2019-2020 Regular Sessions IN SENATE March 19, 2019 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed 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: 1 Section 1. Subdivision 4 of section 4202 of the public health law, as 2 amended by chapter 91 of the laws of 1987, is amended to read as 3 follows: 4 4. At the time of the arrangement for a funeral performed by any 5 undertaker or funeral director, the person contracting for funeral 6 services shall designate his or her intentions with respect to the 7 disposition of the remains of the deceased in a signed declaration of 8 intent on a form as designated by the department which shall be provided 9 by and retained by the undertaker. Every undertaker, administrator, 10 executor, authorized representative of a deceased person, corporation, 11 company or association, or other person having in his, her or its lawful 12 possession cremated remains, except such remains committed to his, her 13 or its care for permanent interment, which remains shall not have been 14 claimed by a relative or friend of the deceased person within one 15 hundred twenty days from the date of cremation, may dispose of such 16 remains by placement in a tomb, mausoleum, crypt, niche in a columbari- 17 um, burial in a cemetery, or scattering of the remains at sea or in a 18 designated scattering area at a regulated cemetery corporation as 19 defined in article fifteen of the not-for-profit corporation law or by 20 otherwise disposing of such remains as provided by rule of the depart- 21 ment. A record of such disposition shall be made and kept by the person 22 making such disposition. Upon disposing of such remains in the manner 23 prescribed above, such person shall be discharged from any legal obli- 24 gation or liability in relation to such remains. Notwithstanding any 25 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. LBD10864-01-9S. 4646 2 1 twenty day period where such remains have not been claimed pursuant to 2 this subdivision, a funeral director may, only with the written consent 3 of a regulated cemetery corporation as defined in article fifteen of the 4 not-for-profit corporation law, dispose of the unclaimed remains by 5 providing them to such cemetery which may seek the authorization from 6 the authorized representative, next of kin, relative or friend of the 7 deceased person to memorialize and inter such unclaimed remains by 8 placement in a tomb, mausoleum, crypt, niche in a columbarium, burial in 9 a cemetery, or scattering of the remains in a designated scattering area 10 at such cemetery or at sea or by otherwise disposing of such remains as 11 provided by rule of the department. If after an additional one hundred 12 twenty days from the date of transfer of the unclaimed remains to the 13 cemetery, the remains shall not have been claimed by the authorized 14 representative, next of kin, relative or friend of the deceased person 15 or such person has not otherwise directed the cemetery to memorialize or 16 inter the unclaimed remains, the cemetery may dispose of such remains by 17 placement in a tomb, mausoleum, crypt, niche in a columbarium, burial in 18 a cemetery, or scattering of the remains in a designated scattering area 19 at such cemetery or at sea or by otherwise disposing of such remains as 20 provided by rule of the department. A record of such disposition shall 21 be made and kept by the person making such disposition. Upon disposing 22 of such remains in the manner prescribed above, such funeral director 23 and cemetery corporation shall be discharged from any legal obligation 24 or liability in relation to such remains. 25 § 2. This act shall take effect immediately.