Bill Text: NY A07257 | 2019-2020 | General Assembly | Introduced

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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 [A07257 Detail]

Download: New_York-2019-A07257-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7257
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     April 18, 2019
                                       ___________
        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:
     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.
                                                                   LBD10864-01-9
        A. 7257                             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.