S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2850
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred 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:

   Section  1. Subdivision 4 of section 4202 of the public health law, as
 amended by chapter 91 of the  laws  of  1987,  is  amended  to  read  as
 follows:
   4.  At  the  time  of  the  arrangement for a funeral performed by any
 undertaker or funeral  director,  the  person  contracting  for  funeral
 services  shall  designate  his  OR  HER  intentions with respect to the
 disposition of the remains of the deceased in a  signed  declaration  of
 intent on a form as designated by the department which shall be provided
 by  and  retained  by  the  undertaker. Every undertaker, administrator,
 executor, authorized representative of a deceased  person,  corporation,
 company or association, or other person having in his, HER or its lawful
 possession  cremated  remains, except such remains committed to his, HER
 or its care for permanent interment, which remains shall not  have  been
 claimed  by  a  relative  or  friend  of  the deceased person within one
 hundred twenty days from the date of  cremation,  may  dispose  of  such
 remains  by placement in a tomb, mausoleum, crypt, niche in a columbari-
 um, burial in a cemetery, or scattering of the remains at sea  or  IN  A
 DESIGNATED  SCATTERING  AREA  AT  A  REGULATED  CEMETERY  CORPORATION AS
 DEFINED IN ARTICLE FIFTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW  OR  by
 otherwise  disposing  of such remains as provided by rule of the depart-
 ment. A record of such disposition shall be made and kept by the  person
 making  such  disposition.  Upon disposing of such remains in the manner
 prescribed above, such person shall be discharged from any  legal  obli-
 gation  or  liability  in  relation to such remains. NOTWITHSTANDING ANY
 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.
                                                            LBD01510-01-3
              

 A. 2850                             2
 
 TWENTY  DAY  PERIOD WHERE SUCH REMAINS HAVE NOT BEEN CLAIMED PURSUANT TO
 THIS SUBDIVISION, A FUNERAL DIRECTOR MAY, ONLY WITH THE WRITTEN  CONSENT
 OF A REGULATED CEMETERY CORPORATION AS DEFINED IN ARTICLE FIFTEEN OF THE
 NOT-FOR-PROFIT  CORPORATION  LAW,  DISPOSE  OF  THE UNCLAIMED REMAINS BY
 PROVIDING THEM TO SUCH CEMETERY WHICH MAY SEEK  THE  AUTHORIZATION  FROM
 THE  AUTHORIZED  REPRESENTATIVE,  NEXT OF KIN, RELATIVE OR FRIEND OF THE
 DECEASED PERSON TO MEMORIALIZE  AND  INTER  SUCH  UNCLAIMED  REMAINS  BY
 PLACEMENT IN A TOMB, MAUSOLEUM, CRYPT, NICHE IN A COLUMBARIUM, BURIAL IN
 A CEMETERY, OR SCATTERING OF THE REMAINS IN A DESIGNATED SCATTERING AREA
 AT  SUCH CEMETERY OR AT SEA OR BY OTHERWISE DISPOSING OF SUCH REMAINS AS
 PROVIDED BY RULE OF THE DEPARTMENT. IF AFTER AN ADDITIONAL  ONE  HUNDRED
 TWENTY  DAYS  FROM  THE DATE OF TRANSFER OF THE UNCLAIMED REMAINS TO THE
 CEMETERY, THE REMAINS SHALL NOT HAVE  BEEN  CLAIMED  BY  THE  AUTHORIZED
 REPRESENTATIVE,  NEXT  OF KIN, RELATIVE OR FRIEND OF THE DECEASED PERSON
 OR SUCH PERSON HAS NOT OTHERWISE DIRECTED THE CEMETERY TO MEMORIALIZE OR
 INTER THE UNCLAIMED REMAINS, THE CEMETERY MAY DISPOSE OF SUCH REMAINS BY
 PLACEMENT IN A TOMB, MAUSOLEUM, CRYPT, NICHE IN A COLUMBARIUM, BURIAL IN
 A CEMETERY, OR SCATTERING OF THE REMAINS IN A DESIGNATED SCATTERING AREA
 AT SUCH CEMETERY OR AT SEA OR BY OTHERWISE DISPOSING OF SUCH REMAINS  AS
 PROVIDED  BY  RULE OF THE DEPARTMENT. A RECORD OF SUCH DISPOSITION SHALL
 BE MADE AND KEPT BY THE PERSON MAKING SUCH DISPOSITION.  UPON  DISPOSING
 OF  SUCH  REMAINS  IN THE MANNER PRESCRIBED ABOVE, SUCH FUNERAL DIRECTOR
 AND CEMETERY CORPORATION SHALL BE DISCHARGED FROM ANY  LEGAL  OBLIGATION
 OR LIABILITY IN RELATION TO SUCH REMAINS.
   § 2. This act shall take effect immediately.