S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2861
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 Introduced  by Sens. PARKER, ADDABBO, BAILEY, BRESLIN, KENNEDY, LATIMER,
   SQUADRON -- read twice and ordered printed, and  when  printed  to  be
   committed to the Committee on Veterans, Homeland Security and Military
   Affairs
 
 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:
 
   Section  1.  Section  1517  of  the not-for-profit corporation law, as
 added by chapter 579 of the laws of 2006, is amended to read as follows:
 § 1517. Crematory operations.
   Cemetery corporations that operate a crematory shall have the  follow-
 ing duties and obligations:
   (a)  Maintenance  and privacy. (1) A crematory facility shall be main-
 tained in a clean, orderly, and sanitary manner,  with  adequate  venti-
 lation  and  shall  have a temporary storage area available to store the
 remains of deceased human beings pending disposition by  cremation,  the
 interior of which shall not be accessible to the general public.
   (2)  Entrances  and  windows  of the crematory facility shall be main-
 tained at all times to secure privacy,  including  (i)  doors  shall  be
 tightly  closed  and  rigid;  (ii)  windows  shall be covered; and (iii)
 entrances shall be locked and secured  when  not  actively  attended  by
 authorized crematory personnel.
   (b) Cremation process. (1) The cremation process shall be conducted in
 privacy.  No person except authorized persons shall be admitted into the
 retort area, holding facility, or the temporary storage  facility  while
 the  remains  of  deceased  human  beings are being cremated. Authorized
 persons, on admittance, shall comply with all  rules  of  the  crematory
 corporation and not infringe upon the privacy of the remains of deceased
 human beings.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07405-01-7
              

 S. 2861                             2
 
   (2)  The  following  are  authorized persons: (i) licensed, registered
 funeral directors, registered residents, and enrolled students of mortu-
 ary science; (ii) officers and trustees  of  the  cemetery  corporation;
 (iii)  authorized  employees  or their authorized agents of the cemetery
 corporation;  (iv)  public  officers  acting  in  the discharge of their
 duties; (v) authorized instructors of funeral  directing  schools;  (vi)
 licensed physicians or nurses; and (vii) members of the immediate family
 of  the  deceased  and  their authorized agents and designated represen-
 tatives.
   (c) Identification of deceased human beings. (1)  No  crematory  shall
 cremate the remains of any deceased human being without the accompanying
 cremation permit, required pursuant to section four thousand one hundred
 forty-five  of  the  public  health  law  which  permit shall constitute
 presumptive evidence of the identity of the said remains.  In  addition,
 all  crematories situated outside the city of New York, must comply with
 paragraph (b) of subdivision two of section four  thousand  one  hundred
 forty-five  of  the  public health law pertaining to the receipt for the
 deceased human being. From the time of such delivery to  the  crematory,
 until  the  time  the  crematory  delivers the cremains as directed, the
 crematory shall be responsible for the remains  of  the  deceased  human
 being. Further, a cremation authorization form must accompany the permit
 required  in  section four thousand one hundred forty-five of the public
 health law. This form, provided or approved by the  crematory,  must  be
 signed  by the next of kin or authorizing agent attesting to the permis-
 sion for the cremation of the deceased, and disclosing to the  crematory
 that  such  body  does  not contain a battery, battery pack, power cell,
 radioactive implant, or radioactive device, if any, and that these mate-
 rials were removed prior to the cremation process.
   (2) Upon good cause being shown rebutting the presumption of the iden-
 tity of such remains, the cremation shall not commence until  reasonable
 confirmation  of  the identity of the deceased human being is made. This
 proof may be in the form of, but not limited to, a signed affidavit from
 a licensed physician, a member of  the  family  of  the  deceased  human
 being,  the  authorizing  agent  or a court order from the state supreme
 court within the county of the cemetery corporation. Such proof shall be
 provided by the authorizing agent.
   (3) The crematory shall have a written plan to assure that  the  iden-
 tification  established  by the cremation permit accompanies the remains
 of the deceased human being through the cremation process and until  the
 identity  of  the  deceased  is  accurately and legibly inscribed on the
 container in which the cremains are placed.
   (d) Opening of container holding the remains  of  the  deceased  human
 being.  (1)  The  casket,  alternative  container, or external wrappings
 holding the remains of the deceased human  being  shall  not  be  opened
 after  delivery  to  the  crematory  unless  there  exists good cause to
 confirm the identity of the deceased, or to assure that no  material  is
 enclosed  which  might  cause injury to employees or damage to crematory
 property, or upon reasonable demand by members of the  immediate  family
 or the authorized agent.
   (2)  In  such instances in which the casket, alternative container, or
 wrappings are opened after delivery to the crematory, such action  shall
 only  be  conducted by the licensed funeral director or registered resi-
 dent delivering the remains of the deceased human being  and  if  neces-
 sary,  with  the assistance of crematory personnel and a record shall be
 made, which shall include the reason for such action, the  signature  of
 the  person authorizing the opening thereof, and the names of the person

 S. 2861                             3
 
 opening the container and the witness thereto, which shall  be  retained
 in  the  permanent  file  of the crematory. The opening of the container
 shall be conducted in the presence of the witness and shall comply  with
 all  rules  and regulations intended to protect the health and safety of
 crematory personnel.
   (e) Ceremonial casket cremation  disclosure.  In  those  instances  in
 which  the  remains  of  deceased  human beings are to be delivered to a
 crematory in a casket that is not to  be  cremated  with  the  deceased,
 timely  disclosure thereof must be made by the person making the funeral
 arrangements to the crematory that prior to cremation the remains of the
 deceased human being shall be transferred to an  alternative  container.
 Such  signed  acknowledgement of the authorizing person, that the timely
 disclosure has been made, shall be retained  by  the  crematory  in  its
 permanent records.
   (f)  Transferring  remains.  (1) The remains of a deceased human being
 shall not be removed from the casket, alternative container, or external
 wrappings in which it is delivered to  the  crematory  unless  explicit,
 signed  authorization  is provided by the person making funeral arrange-
 ments or by a public officer discharging  his  or  her  statutory  duty,
 which  signed  authorization  shall  be retained by the crematory in its
 permanent records.
   (2) When the remains of a deceased human being are to  be  transferred
 to  an alternative container, the transfer shall be conducted in privacy
 with dignity and respect and by the licensed funeral director or  regis-
 tered  resident  who  delivered those remains and if necessary, with the
 assistance of crematory  personnel.  The  transferring  operation  shall
 comply with all rules and regulations intended to protect the health and
 safety of crematory personnel.
   (g)  Commingling  human remains. The cremation of remains of more than
 one deceased human being in a retort at any one time is unlawful, except
 upon the explicit, signed authorization provided by the  persons  making
 funeral  arrangements  and  the  signed approval of the crematory, which
 shall be retained by the crematory in its permanent records.
   (h) Processing of cremains. (1) Upon the completion of  the  cremation
 of  the  remains  of  a deceased human being, the interior of the retort
 shall be thoroughly swept so as to render the retort reasonably free  of
 all  matter.  The  contents  thereof  shall be placed into an individual
 container and not commingled with other cremains. The  cremation  permit
 shall be attached to the individual container preparatory to final proc-
 essing.
   (2) A magnet and sieve, or other appropriate method of separation, may
 be used to divide the cremains from unrecognizable incidental or foreign
 material.
   (3) The incidental and foreign material of the cremation process shall
 be  disposed  of  in a safe manner in compliance with all sanitary rules
 and regulations as byproducts.
   (4) The cremains shall be  pulverized  until  no  single  fragment  is
 recognizable as skeletal tissue.
   (5)  The  pulverized  cremains  shall  be  transferred  to  a sealable
 container or containers whose inside dimension shall be of suitable size
 to contain the entire cremains of the person who was cremated.
   (6) The prescribed sealable container or containers shall be accurate-
 ly and legibly labeled with the identification of the human being  whose
 cremains  are  contained therein, in a manner acceptable to the division
 of cemeteries.

 S. 2861                             4
 
   (i) Disposition of cremains. The authorizing agent shall be  responsi-
 ble for the final disposition of the cremains. Cremains must be disposed
 of  by placing them in a grave, crypt, or niche, by scattering them in a
 designated scattering garden or area, or in any manner whatever  on  the
 private property of a consenting owner or by delivery to the authorizing
 agent or a person specifically designated by the authorizing agent. Upon
 completion of the cremation process, if the cemetery corporation has not
 been  instructed  to arrange for the interment, entombment, inurnment or
 scattering of the cremains, the cemetery corporation shall  deliver  the
 cremains to the individual specified on the cremation authorization form
 or  the funeral firm of record. The delivery may be made in person or by
 registered mail. Upon receipt of the cremains, the individual  receiving
 them may transport them in any manner in the state without a permit, and
 may dispose of them in accordance with this section. After delivery, the
 cemetery  corporation  shall  be discharged from any legal obligation or
 liability concerning the cremains. If, after a  period  of  one  hundred
 twenty  days  from  the date of the cremation, the authorizing agent has
 not instructed the cemetery corporation to arrange for the final  dispo-
 sition of the cremains or claimed the cremains, the cemetery corporation
 may dispose of the cremains in any manner permitted by this section. The
 cemetery corporation, however, shall keep a permanent record identifying
 the  site of final disposition. The authorizing agent shall be responsi-
 ble for reimbursing the cemetery corporation for all reasonable expenses
 incurred in disposing of the cremains. Upon disposing of  the  cremains,
 the  cemetery  corporation shall be discharged from any legal obligation
 or liability concerning the cremains. Except with  the  express  written
 permission of the authorizing agent, no person shall:
   (1)  dispose  of  cremains  in  a  manner or in a location so that the
 cremains are commingled with those of another person.  This  prohibition
 shall  not  apply to the scattering of cremains at sea, by air, or in an
 area located in a cemetery and used exclusively for those purposes; and
   (2) place cremains of more than  one  person  in  the  same  temporary
 container or urn.
   (j) DISPOSITION OF UNCLAIMED CREMATED REMAINS OF A VETERAN. (1) PURSU-
 ANT  TO  THE  REQUIREMENTS  OF  PARAGRAPH  (I) OF THIS SECTION, IF, UPON
 COMPLETION OF THE CREMATION PROCESS, THE CEMETERY  CORPORATION  HAS  NOT
 BEEN  INSTRUCTED  TO ARRANGE FOR THE INTERMENT, ENTOMBMENT, INURNMENT OR
 SCATTERING OF THE CREMAINS OF AN INDIVIDUAL KNOWN TO BE  A  VETERAN  AND
 PROVIDED  A  DILIGENT EFFORT HAS BEEN MADE TO LOCATE AND NOTIFY THE NEXT
 OF KIN OR AUTHORIZING AGENT THAT SIGNED THE CREMATION AUTHORIZATION  FOR
 THE DECEASED VETERAN, AFTER A PERIOD OF ONE HUNDRED TWENTY DAYS FROM THE
 DATE  OF  THE  CREMATION, WHERE THE AUTHORIZING AGENT HAS NOT INSTRUCTED
 THE CEMETERY CORPORATION TO ARRANGE FOR THE  FINAL  DISPOSITION  OF  THE
 CREMAINS  OR  CLAIMED  THE  CREMAINS,  THE CEMETERY CORPORATION MAY ALSO
 DISPOSE OF THE CREMAINS IN ANY MANNER PERMITTED BY THIS  SECTION  OR  BY
 RELINQUISHING  POSSESSION  OF  VETERANS'  CREMAINS  FOR DISPOSITION BY A
 VETERANS'  ORGANIZATION  THAT  QUALIFIES  AS  A  SECTION  501(C)(3)   OR
 501(C)(19) TAX EXEMPT ORGANIZATION UNDER THE INTERNAL REVENUE CODE, OR A
 FEDERALLY  CHARTERED VETERANS' SERVICE ORGANIZATION. THE CEMETERY CORPO-
 RATION, HOWEVER, SHALL KEEP A PERMANENT RECORD IDENTIFYING THE VETERANS'
 ORGANIZATION RECEIVING THE REMAINS AND THE  SITE  DESIGNATED  FOR  FINAL
 DISPOSITION BY THE ORGANIZATION. THE METHOD OF DISPOSITION SHALL BE MADE
 PURSUANT  TO  THIS SECTION AND SHALL BE DIRECTED TO A SECTION OF A CEME-
 TERY CORPORATION WHERE VETERANS ARE MEMORIALIZED BY A  VETERAN'S  MARKER
 IF  ELIGIBLE,  A VETERANS' SECTION OF A CEMETERY CORPORATION OR A VETER-
 ANS' CEMETERY IF THE DECEASED VETERAN IS ELIGIBLE FOR INTERMENT IN  SUCH

 S. 2861                             5
 
 A  MANNER.  SUCH  INTERMENT, ENTOMBMENT, INURNMENT OR SCATTERING  OF THE
 CREMAINS OF AN INDIVIDUAL KNOWN TO BE A  VETERAN  BY  SUCH  A  VETERANS'
 ORGANIZATION  SHALL OCCUR WITHIN SIXTY DAYS. THE AUTHORIZING AGENT SHALL
 BE RESPONSIBLE FOR REIMBURSING THE CEMETERY CORPORATION OR THE VETERANS'
 ORGANIZATION  FOR  ALL  REASONABLE EXPENSES INCURRED IN DISPOSING OF THE
 CREMAINS. UPON DISPOSITION OF THE CREMAINS, THE CEMETERY CORPORATION AND
 THE  VETERANS'  ORGANIZATION  AS  DEFINED  IN  THIS  SECTION  SHALL   BE
 DISCHARGED  FROM  ANY  LEGAL  OBLIGATION  OR  LIABILITY  CONCERNING  THE
 CREMAINS. EXCEPT WITH THE EXPRESS WRITTEN PERMISSION OF THE  AUTHORIZING
 AGENT, NO PERSON SHALL:
   (I)  DISPOSE  OF  CREMAINS  IN  A  MANNER OR IN A LOCATION SO THAT THE
 CREMAINS ARE COMMINGLED WITH THOSE OF ANOTHER PERSON.  THIS  PROHIBITION
 SHALL  NOT  APPLY TO THE SCATTERING OF CREMAINS AT SEA, BY AIR, OR IN AN
 AREA LOCATED IN A CEMETERY AND USED EXCLUSIVELY FOR THOSE PURPOSES; AND
   (II) PLACE CREMAINS OF MORE THAN ONE  PERSON  IN  THE  SAME  TEMPORARY
 CONTAINER OR URN.
   (2) FOR THE PURPOSES OF THIS PARAGRAPH, "DILIGENT EFFORT" SHALL MEAN A
 REASONABLE  EFFORT,  AND  INCLUDES  A CERTIFIED LETTER, DELIVERY RECEIPT
 REQUESTED, MAILED TO THE NEXT OF KIN OR AUTHORIZING  AGENT  THAT  SIGNED
 THE CREMATION AUTHORIZATION.
   (K)  Crematory  operation  certification.  Any employee of a crematory
 whose function is to conduct the daily operations of the cremation proc-
 ess shall be certified by an organization approved by  the  division  of
 cemeteries.  Proof of such certification must be posted in the crematory
 and available for inspection at any time. Any new employees of a  crema-
 tory  required  to  be  certified  under this section shall be certified
 within one year of  their  employment.  Any  employees  of  a  crematory
 required  to  be  certified under this section and retained prior to the
 effective date of this paragraph shall be certified within one  year  of
 such  effective  date.  Renewal of such certification shall be completed
 every five years from the date of certification.
   § 2. This act shall take effect November 11, 2018.