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.
STATE OF NEW YORK
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4646
2019-2020 Regular Sessions
IN SENATE
March 19, 2019
___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed 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
S. 4646 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.