New York State Assembly

 
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A00979 Summary:

A00979 Actions:

A00979 Committee Votes:

Committee:RULES   Chair:Pretlow      
DATE:01/17/2023AYE/NAY:17/11  Action: Favorable         
Heastie
Excused
Barclay
Nay
Weinstein
Excused
Hawley
Nay
Pretlow
Aye
Giglio
Nay
Cook
Nay
Blankenbush
Nay
Glick
Aye
Norris
Nay
Aubry
Aye
Ra
Nay
Dinowitz
Aye
Brabenec
Nay
Colton
Aye
Palmesano
Nay
Magnarelli
Aye
Reilly
Nay
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Excused
Hyndman
Aye
Rozic
Nay
Bronson
Aye

Committee:CORPORATIONS, AUTHORITIES AND COMMISSIONS   Chair:Zebrowski      
DATE:01/17/2023AYE/NAY:16/9  Action: Favorable refer to committee Rules        
Zebrowski
Aye
Lemondes
Nay
Cook
Aye
Blankenbush
Nay
Otis
Aye
Friend
Excused
Rozic
Nay
Palmesano
Nay
Kim
Aye
Angelino
Nay
Dilan
Nay
Jensen
Nay
Pheffer Amato
Aye
Curran
Nay
Vanel
Aye
Pirozzolo
Nay
Carroll
Aye
Fall
Aye
Jean-Pierre
Aye
Gonzalez-Rojas
Aye
Zinerman
Aye
Tapia
Aye
Jacobson
Aye
Bores
Aye
Shimsky
Aye
Simone
Aye

A00979 Floor Votes:

A00979 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           979
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2023
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Corporations, Authorities and Commissions
 
        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
        A. 979                              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
        A. 979                              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.
        A. 979                              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:
        A. 979                              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
        A. 979                              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
        A. 979                              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.