S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3254
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced  by  Sens.  PARKER, ADDABBO, BAILEY, BRESLIN, KENNEDY -- 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.
   (2)  The  following  are  authorized persons: (i) licensed, registered
 funeral directors, registered residents, and enrolled students of mortu-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07358-01-9

 S. 3254                             2
 
 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
 opening  the  container and the witness thereto, which shall be retained
 in the permanent file of the crematory. The  opening  of  the  container

 S. 3254                             3
 
 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.
   (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

 S. 3254                             4
 
 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
 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

 S. 3254                             5
 
 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, 2020.