STATE OF NEW YORK
________________________________________________________________________
1333
2023-2024 Regular Sessions
IN SENATE
January 11, 2023
___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the not-for-profit corporation law and the public health
law, in relation to clarifying provisions related to the creation,
operation, and duties of natural organic reduction facilities as ceme-
tery corporations; and to amend a chapter of the laws of 2022 amending
the not-for-profit corporation law, relating to the creation, opera-
tion, and duties of natural organic reduction facilities as cemetery
corporations, as proposed in legislative bills numbers S. 5535 and A.
382, in relation to the effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of section 1503 of the not-for-profit corpo-
2 ration law, as amended by a chapter of the laws of 2022 amending the
3 not-for-profit corporation law relating to the creation, operation, and
4 duties of natural organic reduction facilities as cemetery corporations,
5 as proposed in legislative bills numbers S. 5535 and A. 382, is amended
6 to read as follows:
7 (b) All crematories or natural organic reduction facilities shall be
8 subject to inspection by the division of cemeteries. Upon inspection,
9 the crematory or natural organic reduction facility may be asked to
10 produce any and all records for the operation and maintenance of the
11 crematory or natural organic reduction facility. These records may
12 include but not be limited to cremation or natural organic reduction
13 authorizations, rules and regulations of the crematory or natural organ-
14 ic reduction facility, procedures as set forth in section fifteen
15 hundred seventeen of this article, or section fifteen hundred eighteen
16 of this article, as applicable, and the written procedure of the iden-
17 tification of remains.
18 § 2. Subparagraph 4 of paragraph (a) of section 1505-b of the not-for-
19 profit corporation law, as added by a chapter of the laws of 2022 amend-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04309-01-3
S. 1333 2
1 ing the not-for-profit corporation law relating to the creation, opera-
2 tion, and duties of natural organic reduction facilities as cemetery
3 corporations, as proposed in legislative bills numbers S. 5535 and A.
4 382, is amended to read as follows:
5 (4) a description of the impact of the proposed natural organic
6 reduction facility on other natural organic reduction facilities, if
7 any, within the county or impact on the surrounding community;
8 § 3. Subparagraph 3 of paragraph (c) and paragraphs (e), (f), (i) and
9 (j) of section 1518 of the not-for-profit corporation law, as added by a
10 chapter of the laws of 2022 amending the not-for-profit corporation law
11 relating to the creation, operation, and duties of natural organic
12 reduction facilities as cemetery corporations, as proposed in legisla-
13 tive bills numbers S. 5535 and A. 382, are amended and a new paragraph
14 (k) is added to read as follows:
15 (3) The facility shall have a written plan to assure that the iden-
16 tification established by the natural organic reduction permit accompa-
17 nies the remains of the deceased human being through the natural organic
18 reduction process and until the identity of the deceased is accurately
19 and legibly inscribed on the container in which the remains are [tempo-
20 rarily] placed.
21 (e) Ceremonial casket natural organic reduction disclosure. In those
22 instances in which the remains of deceased human beings are to be deliv-
23 ered to a natural organic reduction facility in a casket or other
24 container that is not to be naturally organically reduced with the
25 deceased, timely disclosure thereof must be made by the person making
26 the funeral arrangements to the natural organic reduction facility that
27 prior to natural organic reduction the remains of the deceased human
28 being shall be transferred to [an alternative] a container or in
29 external wrappings sufficient to contain the remains and also designed
30 to fully decompose in the natural reduction process. Such signed
31 acknowledgement of the authorizing person, that the timely disclosure
32 has been made, shall be retained by the natural organic reduction facil-
33 ity in its permanent records.
34 (f) Transferring remains. (1) The remains of a deceased human being
35 shall not be removed from the casket, alternative container, or external
36 wrappings in which it is delivered to the natural organic reduction
37 facility unless explicit, signed authorization is provided by the person
38 making funeral arrangements or by a public officer discharging [his or
39 her] their statutory duty, which signed authorization shall be retained
40 by the natural organic reduction facility in its permanent records.
41 (2) When the remains of a deceased human being are to be transferred
42 to an alternative container, the transfer shall be conducted in privacy
43 with dignity and respect and by the licensed funeral director or regis-
44 tered resident who delivered those remains. The transferring operation
45 shall comply with all rules and regulations intended to protect the
46 health and safety of facility personnel.
47 (i) Disposition of remains. The authorizing agent shall be responsible
48 for the final disposition of the remains. Disposition of remains result-
49 ing from the natural organic reduction process are not recoverable once
50 scattered or interred. Remains shall be disposed of by scattering them
51 in a designated scattering garden or area in a cemetery, or by prior
52 authorization by the cemetery corporation, by placing them in a grave,
53 crypt, or niche, or retrieval of the remains pursuant to prior authori-
54 zation by the authorizing agent or a person specifically designated by
55 the authorizing agent. Upon completion of the natural organic reduction
56 process, the cemetery corporation shall notify the authorizing agent and
S. 1333 3
1 funeral firm making such arrangements that the natural organic reduction
2 process has been completed and that the remains are prepared to be
3 disposed of in accordance with this paragraph. Upon receipt of the
4 remains, the individual receiving them may transport them in any manner
5 in the state without a permit, and may dispose of them in accordance
6 with this section. After disposition, the cemetery corporation shall be
7 discharged from any legal obligation or liability to deliver the
8 remains to the authorizing agent or any other person enumerated under
9 paragraph (a) of subdivision two of section forty-two hundred one of the
10 public health law concerning the remains. If, after a period of one
11 hundred twenty days from the date of the natural organic reduction, the
12 authorizing agent has not instructed the cemetery corporation to arrange
13 for the final disposition of the remains or claimed the remains, the
14 cemetery corporation may dispose of the remains in any manner permitted
15 by this section. The cemetery corporation, however, shall keep a perma-
16 nent record identifying the site of final disposition. The authorizing
17 agent shall be responsible for reimbursing the cemetery corporation for
18 all reasonable expenses incurred in disposing of the remains. Upon
19 disposing of the remains, the cemetery corporation shall be discharged
20 from any legal obligation or liability to deliver the remains to the
21 authorizing agent or any other person enumerated under paragraph (a) of
22 subdivision two of section forty-two hundred one of the public health
23 law concerning the remains. Except with the express written permission
24 of the authorizing agent, no person shall place remains of more than one
25 person in the same temporary container or urn.
26 (j) Natural organic reduction facility operation certification. Any
27 employee of a natural organic reduction facility whose function is to
28 conduct the daily operations of the cremation or natural organic
29 reduction process shall be certified by an organization approved by the
30 division of cemeteries. Proof of such certification shall be posted in
31 the natural organic reduction facility and available for inspection at
32 any time. Any new employees of a natural organic reduction facility
33 required to be certified under this section shall be certified within
34 one year of their employment. Any employees of a natural organic
35 reduction facility required to be certified under this section and
36 retained prior to the effective date of this paragraph shall be certi-
37 fied within one year of such effective date. Renewal of such certif-
38 ication shall be completed every five years from the date of certif-
39 ication.
40 (k) The cemetery board, in consultation with the department of health,
41 the department of environmental conservation, and any other state agency
42 deemed necessary, may promulgate rules and regulations consistent with
43 law to effectuate the provisions of this section.
44 § 4. Paragraph (d) of section 1502 of the not-for-profit corporation
45 law, as added by chapter 871 of the laws of 1977, is amended to read as
46 follows:
47 (d) A public mausoleum, crematory, natural organic reduction facility
48 or columbarium shall be included within the term "cemetery".
49 § 5. Subdivisions 1, 3 and 5 of section 4145 of the public health law
50 are amended to read as follows:
51 1. No person in charge of any premises on which interments,
52 cremations, natural organic reductions or other disposition of the body
53 of a deceased person are made shall inter or permit the interment or
54 other disposition of any body unless it is accompanied by a burial,
55 cremation, natural organic reduction or transit permit, as provided in
56 this article.
S. 1333 4
1 3. The person in charge of the place of burial or other disposition
2 shall endorse upon the permit, the date of interment, natural organic
3 reduction, or cremation or other disposition over his signature, and
4 shall return all permits so endorsed to the registrar of his district
5 within seven days after the date of interment, cremation, natural organ-
6 ic reduction, or other disposition.
7 5. The person in charge of the place of burial, cremation, natural
8 organic reduction, or other disposition shall keep a record of all
9 bodies interred or otherwise disposed of on the premises under his
10 charge, in each case stating the name of each deceased person, place of
11 death, date of burial or disposal, and name and address of the funeral
12 director or undertaker, which record shall at all time be open to offi-
13 cial inspection.
14 § 6. Paragraph (b) of subdivision 2 of section 4145 of the public
15 health law, as amended by chapter 198 of the laws of 2005, is amended to
16 read as follows:
17 (b) Any person or other entity owning, operating, managing, or desig-
18 nated to receive the body of a deceased person at a place of burial,
19 cremation, natural organic reduction, or other final disposition in this
20 state, who receives the body of a deceased person, shall provide a
21 receipt for the body to the funeral director, undertaker or registered
22 resident who delivered such body. Each receipt shall (i) be endorsed by
23 both such person and the funeral director, undertaker or registered
24 resident, (ii) indicate the date the body was delivered, (iii) include
25 the name of the funeral director, undertaker or registered resident
26 delivering the body and the registration number of such funeral direc-
27 tor, undertaker or registered resident, (iv) include the name of the
28 registered funeral firm the funeral director, undertaker or registered
29 resident represents, (v) include the name of the deceased person as it
30 appears on the burial, cremation, natural organic reduction, or transit
31 permit, and (vi) include the name of the owner, operator, manager, or
32 person in charge of the place of burial, cremation, natural organic
33 reduction, or other final disposition who received the body of the
34 deceased person. A copy of such receipt shall be retained by the owner,
35 operator, manager, or person in charge of the place of burial,
36 cremation, natural organic reduction, or other final disposition for a
37 period of not less than four years, and shall be made available for
38 inspection by the division of cemeteries during normal business hours.
39 The original copy of every such receipt shall be retained by the
40 licensed funeral firm for a period of not less than four years pursuant
41 to the rules and regulations of the department governing the maintenance
42 of records.
43 § 7. Subdivision 1 of section 4200 of the public health law is amended
44 to read as follows:
45 1. Except in the cases in which a right to dissect it is expressly
46 conferred by law, every body of a deceased person, within this state,
47 shall be decently buried, naturally organically reduced, or incinerated
48 within a reasonable time after death.
49 § 8. Paragraph (b) of subdivision 1 of section 4201 of the public
50 health law, as amended by chapter 76 of the laws of 2006, is amended to
51 read as follows:
52 (b) "Disposition" means the care, disposal, transportation, burial,
53 cremation, natural organic reduction or embalming of the body of a
54 deceased person, and associated measures.
55 § 9. Subdivision 1 of section 4201 of the public health law is amended
56 by adding a new paragraph (c-1) to read as follows:
S. 1333 5
1 (c-1) "Natural organic reduction" means the contained, accelerated
2 conversion of human remains to soil.
3 § 10. Paragraph (d) of subdivision 2 of section 4201 of the public
4 health law, as amended by chapter 76 of the laws of 2006, is amended to
5 read as follows:
6 (d) No funeral director, undertaker, embalmer or no person with an
7 interest in, or who is an employee of any funeral firm, cemetery organ-
8 ization or business operating a crematory, natural organic reduction
9 facility, columbarium or any other business, who also controls the
10 disposition of remains in accordance with this section, shall receive
11 compensation or otherwise receive financial benefit for disposing of the
12 remains of a decedent.
13 § 11. Subdivision 7 of section 4201 of the public health law, as
14 amended by chapter 76 of the laws of 2006, is amended to read as
15 follows:
16 7. No cemetery organization, business operating a crematory, natural
17 organic reduction facility, or columbarium, funeral director, undertak-
18 er, embalmer, or funeral firm shall be held liable for actions taken
19 reasonably and in good faith to carry out the written directions of a
20 decedent as stated in a will or in a written instrument executed pursu-
21 ant to this section. No cemetery organization, business operating a
22 crematory, natural organic reduction facility, or columbarium, funeral
23 director, undertaker, embalmer or funeral firm shall be held liable for
24 actions taken reasonably and in good faith to carry out the directions
25 of a person who represents that he or she is entitled to control of the
26 disposition of remains, provided that such action is taken only after
27 requesting and receiving written statement that such person:
28 (a) is the designated agent of the decedent designated in a will or
29 written instrument executed pursuant to this section; or
30 (b) that he or she has no knowledge that the decedent executed a writ-
31 ten instrument pursuant to this section or a will containing directions
32 for the disposition of his or her remains and that such person is the
33 person having priority under subdivision two of this section.
34 § 12. Subdivisions 1, 2 and 4 of section 4202 of the public health
35 law, subdivision 1 as added by chapter 903 of the laws of 1981, subdivi-
36 sion 2 as added by chapter 665 of the laws of 1968 and as renumbered by
37 chapter 903 of the laws of 1981, and subdivision 4 as amended by chapter
38 91 of the laws of 1987, are amended to read as follows:
39 1. Every body delivered to a cemetery for cremation, or natural organ-
40 ic reduction, shall be accompanied by a statement from a physician,
41 coroner, or medical examiner certifying that such body does not contain
42 a battery or power cell. The person in charge of a cemetery may refuse
43 to cremate or naturally organically reduce a body unless accompanied by
44 such statement.
45 2. Cremated remains means human remains after incineration in a crema-
46 tory. Naturally organically reduced remains means human remains that
47 have been naturally organically reduced to soil.
48 4. At the time of the arrangement for a funeral performed by any
49 undertaker or funeral director, the person contracting for funeral
50 services shall designate his intentions with respect to the disposition
51 of the remains of the deceased in a signed declaration of intent on a
52 form as designated by the department which shall be provided by and
53 retained by the undertaker. Every undertaker, administrator, executor,
54 authorized representative of a deceased person, corporation, company or
55 association, or other person having in his or its lawful possession
56 cremated or naturally organically reduced remains, except such remains
S. 1333 6
1 committed to his or its care for permanent interment, which remains
2 shall not have been claimed by a relative or friend of the deceased
3 person within one hundred twenty days from the date of cremation or
4 natural organic reduction, may dispose of such remains by placement in a
5 tomb, mausoleum, crypt, niche in a columbarium, burial in a cemetery, or
6 scattering of the remains at sea or by otherwise disposing of such
7 remains as provided by rule of the department. A record of such disposi-
8 tion shall be made and kept by the person making such disposition. Upon
9 disposing of such remains in the manner prescribed above, such person
10 shall be discharged from any legal obligation or liability to the
11 authorizing agent or any other person enumerated under paragraph (a) of
12 subdivision two of section forty-two hundred one of this title in
13 relation to such remains.
14 § 13. The section heading of section 4203 of the public health law, as
15 added by chapter 444 of the laws of 2010, is amended to read as follows:
16 Cremated or naturally organically reduced remains of a veteran; dispo-
17 sition.
18 § 14. Paragraph (e) of subdivision 1 of section 4203 of the public
19 health law, as added by chapter 444 of the laws of 2010, is amended to
20 read as follows:
21 (e) "disposition" means disposal of cremated or naturally organically
22 reduced remains by placement in a tomb, mausoleum, crypt, niche in a
23 columbarium or burial in a cemetery. Provided, however, for the purpose
24 of this section the term "disposition" shall not include the scattering
25 of cremated or naturally organically reduced remains.
26 § 15. Subdivisions 2, 5, 6, 7 and 8 of section 4203 of the public
27 health law, as added by chapter 444 of the laws of 2010, are amended to
28 read as follows:
29 2. A funeral director, undertaker or funeral firm which has held in
30 its possession cremated or naturally organically reduced remains for
31 more than one hundred twenty days from the date of cremation or natural
32 organic reduction may, in accordance with the provisions of this
33 section, determine if such cremated or naturally organically reduced
34 remains are those of a veteran, and if so, may dispose of such remains
35 as provided in this section.
36 5. The funeral director, undertaker, funeral firm or veterans' service
37 organization notwithstanding any law to the contrary, upon:
38 (a) disposing of cremated or naturally organically reduced remains in
39 accordance with the provisions of this section, shall be held harmless
40 for any costs or damages, except if there is gross negligence or willful
41 misconduct; and
42 (b) shall be discharged from any legal obligation or liability
43 concerning the cremated or naturally organically reduced remains.
44 6. The estate of the decedent shall be responsible for reimbursing a
45 funeral director, undertaker, funeral firm or veterans' service organ-
46 ization for all reasonable expenses incurred in relation to the disposi-
47 tion of such cremated or naturally organically reduced remains.
48 7. A funeral director, undertaker or funeral firm shall establish and
49 maintain a record identifying the veterans' service organization receiv-
50 ing the cremated or naturally organically reduced remains and the site
51 designated for final disposition of the cremated or naturally organ-
52 ically reduced remains.
53 8. Nothing in this section shall require a funeral director, undertak-
54 er or funeral firm to determine or seek others to determine that an
55 individual's cremated or naturally organically reduced remains are those
56 of a veteran if the funeral director, undertaker or funeral firm was
S. 1333 7
1 informed by the person in control of disposition that such individual
2 was not a veteran, or to relinquish possession of such cremated or
3 naturally organically reduced remains to a veterans' service organiza-
4 tion if the funeral director, undertaker or funeral firm was instructed
5 by such person in control, or had a reasonable belief, that the decedent
6 did not desire any funeral or burial-related services or ceremonies
7 recognizing such decedent's service as a veteran.
8 § 16. Paragraph (a) of subdivision 3 of section 4203 of the public
9 health law, as added by chapter 444 of the laws of 2010, is amended to
10 read as follows:
11 (a) Notwithstanding any law or regulation to the contrary, nothing in
12 this section shall prevent a funeral director, undertaker or funeral
13 firm from sharing information with the United States department of
14 veterans affairs (VA), a local veterans' service agency, a veterans'
15 service organization, a national cemetery, or county veterans cemetery
16 for the purpose of determining whether the cremated or naturally organ-
17 ically reduced remains are those of a veteran.
18 § 17. Paragraph (a) of subdivision 4 of section 4203 of the public
19 health law, as added by chapter 444 of the laws of 2010, is amended to
20 read as follows:
21 (a) Should a funeral director, undertaker or funeral firm ascertain
22 the cremated or naturally organically reduced remains in its possession
23 are those of a veteran, and they have not been instructed by the person
24 in control of the disposition of the decedent to arrange for the final
25 disposal or delivery of the cremated or naturally organically reduced
26 remains, the funeral director, undertaker or funeral firm may dispose of
27 the cremated or naturally organically reduced remains or relinquish
28 possession of the cremated or naturally organically reduced remains to a
29 veterans' service organization.
30 § 18. Section 7 of a chapter of the laws of 2022 amending the not-for-
31 profit corporation law relating to the creation, operation, and duties
32 of natural organic reduction facilities as cemetery corporations, as
33 proposed in legislative bills numbers S. 5535 and A. 382, is amended to
34 read as follows:
35 § 7. This act shall take effect on the [ninetieth] one hundred eight-
36 ieth day after it shall have become a law.
37 § 19. This act shall take effect immediately, provided however, that
38 sections one, two, three, four, five, six, seven, eight, nine, ten,
39 eleven, twelve, thirteen, fourteen, fifteen, sixteen and seventeen of
40 this act shall take effect on the same date and in the same manner as a
41 chapter of the laws of 2022 amending the not-for-profit corporation law
42 relating to the creation, operation, and duties of natural organic
43 reduction facilities as cemetery corporations, as proposed in legisla-
44 tive bills numbers S. 5535 and A. 382, takes effect.
