- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A00979 Summary:
BILL NO | A00979 |
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SAME AS | SAME AS S01333 |
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SPONSOR | Paulin |
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COSPNSR | |
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MLTSPNSR | |
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Amd §§1503, 1505-b, 1518 & 1502, N-PC L; amd §§4145 & 4200 - 4203, Pub Health L; amd §7, Chap of 2022 (as proposed in S.5535 & A.382) | |
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Clarifies provisions related to the creation, operation, and duties of natural organic reduction facilities as cemetery corporations. |
A00979 Actions:
BILL NO | A00979 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/11/2023 | referred to corporations, authorities and commissions | |||||||||||||||||||||||||||||||||||||||||||||||||
01/17/2023 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
01/17/2023 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
01/17/2023 | rules report cal.10 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/17/2023 | ordered to third reading rules cal.10 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/23/2023 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
01/23/2023 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
01/23/2023 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
02/15/2023 | SUBSTITUTED FOR S1333 | |||||||||||||||||||||||||||||||||||||||||||||||||
02/15/2023 | 3RD READING CAL.101 | |||||||||||||||||||||||||||||||||||||||||||||||||
02/15/2023 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
02/15/2023 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
03/03/2023 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
03/03/2023 | signed chap.34 |
A00979 Committee Votes:
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 | ||||||||
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 | ||||||||
Go to top
A00979 Floor Votes:
Yes
Alvarez
Yes
Carroll
No
Flood
Yes
Kim
No
Palmesano
No
Simpson
Yes
Anderson
Yes
Chandler-Waterm
Yes
Forrest
Yes
Lavine
Yes
Paulin
No
Slater
No
Angelino
Yes
Chang
No
Friend
Yes
Lee
Yes
Peoples-Stokes
No
Smith
Yes
Ardila
Yes
Clark
Yes
Gallagher
No
Lemondes
Yes
Pheffer Amato
Yes
Smullen
Yes
Aubry
No
Colton
No
Gallahan
Yes
Levenberg
No
Pirozzolo
Yes
Solages
No
Barclay
Yes
Conrad
No
Gandolfo
Yes
Lucas
Yes
Pretlow
Yes
Steck
Yes
Barrett
No
Cook
Yes
Gibbs
Yes
Lunsford
No
Ra
No
Stern
No
Beephan
Yes
Cruz
No
Giglio JA
Yes
Lupardo
Yes
Raga
Yes
Stirpe
No
Bendett
Yes
Cunningham
No
Giglio JM
Yes
Magnarelli
Yes
Rajkumar
No
Tague
Yes
Benedetto
No
Curran
Yes
Glick
No
Maher
Yes
Ramos
No
Tannousis
Yes
Bichotte Hermel
Yes
Darling
Yes
Gonzalez-Rojas
Yes
Mamdani
No
Reilly
Yes
Tapia
No
Blankenbush
ER
Davila
No
Goodell
No
Manktelow
Yes
Reyes
Yes
Taylor
No
Blumencranz
Yes
De Los Santos
No
Gray
No
McDonald
Yes
Rivera
No
Thiele
Yes
Bores
No
DeStefano
ER
Gunther
ER
McDonough
ER
Rosenthal D
No
Vanel
No
Brabenec
Yes
Dickens
No
Hawley
No
McGowan
Yes
Rosenthal L
Yes
Walker
Yes
Braunstein
No
Dilan
Yes
Hevesi
Yes
McMahon
No
Rozic
Yes
Wallace
Yes
Bronson
Yes
Dinowitz
Yes
Hunter
Yes
Meeks
No
Santabarbara
Yes
Walsh
No
Brook-Krasny
No
DiPietro
Yes
Hyndman
No
Mikulin
Yes
Sayegh
ER
Weinstein
No
Brown E
No
Durso
Yes
Jackson
No
Miller
Yes
Seawright
Yes
Weprin
No
Brown K
Yes
Eachus
Yes
Jacobson
Yes
Mitaynes
Yes
Septimo
Yes
Williams
Yes
Burdick
No
Eichenstein
Yes
Jean-Pierre
No
Morinello
Yes
Shimsky
Yes
Woerner
Yes
Burgos
Yes
Epstein
No
Jensen
No
Norris
Yes
Shrestha
Yes
Zaccaro
ER
Burke
Yes
Fahy
No
Jones
No
Novakhov
Yes
Sillitti
Yes
Zebrowski
No
Buttenschon
Yes
Fall
Yes
Joyner
ER
O'Donnell
Yes
Simon
Yes
Zinerman
No
Byrnes
No
Fitzpatrick
Yes
Kelles
Yes
Otis
Yes
Simone
Yes
Mr. Speaker
‡ Indicates voting via videoconference
A00979 Text:
Go to top 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. LBD04309-01-3A. 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-20rarily] 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 or39her] 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 andA. 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 remainsA. 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 wasA. 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.