Bill Text: NY S06840 | 2009-2010 | General Assembly | Amended

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Bill Title: Establishes the veterans' cremains act, allowing funeral directors to grant qualified veterans' organizations the right to receive the cremains of a veteran which has not been claimed by a relative or friend of the deceased within one year after cremation.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Engrossed - Dead) 2010-04-21 - referred to codes [S06840 Detail]

Download: New_York-2009-S06840-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6840--A
                                   I N  S E N A T E
                                   February 12, 2010
                                      ___________
       Introduced  by  Sens. PARKER, ADDABBO, PERKINS -- read twice and ordered
         printed, and when printed to be committed to the Committee  on  Veter-
         ans,  Homeland  Security and Military Affairs -- committee discharged,
         bill amended, ordered reprinted as amended  and  recommitted  to  said
         committee
       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:
    1    Section  1. Paragraph (j) of section 1517 of the not-for-profit corpo-
    2  ration law is relettered paragraph (k) and a new paragraph (j) is  added
    3  to read as follows:
    4    (J) DISPOSITION OF UNCLAIMED CREMATED REMAINS OF A VETERAN. (1) PURSU-
    5  ANT  TO  THE  REQUIREMENTS  OF  PARAGRAPH  (I) OF THIS SECTION, IF, UPON
    6  COMPLETION OF THE CREMATION PROCESS, THE CEMETERY  CORPORATION  HAS  NOT
    7  BEEN  INSTRUCTED  TO ARRANGE FOR THE INTERMENT, ENTOMBMENT, INURNMENT OR
    8  SCATTERING OF THE CREMAINS OF AN INDIVIDUAL KNOWN TO BE  A  VETERAN  AND
    9  PROVIDED  A  DILIGENT EFFORT HAS BEEN MADE TO LOCATE AND NOTIFY THE NEXT
   10  OF KIN OR AUTHORIZING AGENT THAT SIGNED THE CREMATION AUTHORIZATION  FOR
   11  THE DECEASED VETERAN, AFTER A PERIOD OF ONE HUNDRED TWENTY DAYS FROM THE
   12  DATE  OF  THE  CREMATION, WHERE THE AUTHORIZING AGENT HAS NOT INSTRUCTED
   13  THE CEMETERY CORPORATION TO ARRANGE FOR THE  FINAL  DISPOSITION  OF  THE
   14  CREMAINS  OR  CLAIMED  THE  CREMAINS,  THE CEMETERY CORPORATION MAY ALSO
   15  DISPOSE OF THE CREMAINS IN ANY MANNER PERMITTED BY THIS  SECTION  OR  BY
   16  RELINQUISHING  POSSESSION  OF  VETERANS'  CREMAINS  FOR DISPOSITION BY A
   17  VETERANS'  ORGANIZATION  THAT  QUALIFIES  AS  A  SECTION  501(C)(3)   OR
   18  501(C)(19) TAX EXEMPT ORGANIZATION UNDER THE INTERNAL REVENUE CODE, OR A
   19  FEDERALLY  CHARTERED VETERANS' SERVICE ORGANIZATION. THE CEMETERY CORPO-
   20  RATION, HOWEVER, SHALL KEEP A PERMANENT RECORD IDENTIFYING THE VETERANS'
   21  ORGANIZATION RECEIVING THE REMAINS AND THE  SITE  DESIGNATED  FOR  FINAL
   22  DISPOSITION BY THE ORGANIZATION. THE METHOD OF DISPOSITION SHALL BE MADE
   23  PURSUANT  TO  THIS SECTION AND SHALL BE DIRECTED TO A SECTION OF A CEME-
   24  TERY CORPORATION WHERE VETERANS ARE MEMORIALIZED BY A  VETERAN'S  MARKER
   25  IF  ELIGIBLE,  A VETERANS' SECTION OF A CEMETERY CORPORATION OR A VETER-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15333-03-0
       S. 6840--A                          2
    1  ANS' CEMETERY IF THE DECEASED VETERAN IS ELIGIBLE FOR INTERMENT IN  SUCH
    2  A  MANNER.  SUCH  INTERMENT,  ENTOMBMENT, INURNMENT OR SCATTERING OF THE
    3  CREMAINS OF AN INDIVIDUAL KNOWN TO BE A  VETERAN  BY  SUCH  A  VETERANS'
    4  ORGANIZATION  SHALL OCCUR WITHIN SIXTY DAYS. THE AUTHORIZING AGENT SHALL
    5  BE RESPONSIBLE FOR REIMBURSING THE CEMETERY CORPORATION OR THE VETERANS'
    6  ORGANIZATION FOR ALL REASONABLE EXPENSES INCURRED IN  DISPOSING  OF  THE
    7  CREMAINS. UPON DISPOSITION OF THE CREMAINS, THE CEMETERY CORPORATION AND
    8  THE   VETERANS'  ORGANIZATION  AS  DEFINED  IN  THIS  SECTION  SHALL  BE
    9  DISCHARGED  FROM  ANY  LEGAL  OBLIGATION  OR  LIABILITY  CONCERNING  THE
   10  CREMAINS.  EXCEPT WITH THE EXPRESS WRITTEN PERMISSION OF THE AUTHORIZING
   11  AGENT, NO PERSON SHALL:
   12    (I) DISPOSE OF CREMAINS IN A MANNER OR  IN  A  LOCATION  SO  THAT  THE
   13  CREMAINS  ARE  COMMINGLED WITH THOSE OF ANOTHER PERSON. THIS PROHIBITION
   14  SHALL NOT APPLY TO THE SCATTERING OF CREMAINS AT SEA, BY AIR, OR  IN  AN
   15  AREA  LOCATED IN A CEMETERY AND USED EXCLUSIVELY FOR THOSE PURPOSES; AND
   16  (II) PLACE CREMAINS OF MORE  THAN  ONE  PERSON  IN  THE  SAME  TEMPORARY
   17  CONTAINER OR URN.
   18    (2) FOR THE PURPOSES OF THIS PARAGRAPH, "DILIGENT EFFORT" SHALL MEAN A
   19  REASONABLE  EFFORT,  AND  INCLUDES  A CERTIFIED LETTER, DELIVERY RECEIPT
   20  REQUESTED, MAILED TO THE NEXT OF KIN OR AUTHORIZING  AGENT  THAT  SIGNED
   21  THE CREMATION AUTHORIZATION.
   22    S 2. This act shall take effect November 11, 2010.