NY Pub Health L § 4203 (2021)
2021 New York Laws PBH - Public Health Article 42 - Cadavers Title 1 - Disposition 4203 - Cremated Remains of a Veteran; Disposition.

§ 4203. Cremated remains of a veteran; disposition. 1. As used in this section, the following terms shall have the following meanings:  (a) "veteran" means a deceased person who:  (i)  served  in  the  active  military  or naval service of the United States; or  (ii) served in active duty in a force of any organized  state  militia in a full-time status; or  (iii)  served  in  the  reserve  armed  forces of the United States in active duty; or  (iv) was a recipient of the armed  forces  expeditionary  medal,  navy expeditionary  medal,  marine corps expeditionary medal or global war on terrorism expeditionary medal; and  (v) was released from such  service  otherwise  than  by  dishonorable discharge.  (b) "veterans' service organization" means an association, corporation or  other  entity  that  qualifies  under  section  501(c)(3) or section 501(c)(19) of the Internal Revenue Code  as  a  tax-exempt  organization that  has  been  organized for the benefit of veterans and recognized or chartered by the United States Congress, including, but not  limited  to the  Disabled  American  Veterans,  the  Veterans  of  Foreign Wars, the American Legion and the Vietnam  Veterans  of  America.  The  term  also includes  a  member  or  employee  of  an  eligible non-profit veterans' corporation, association or entity,  such  as  the  Missing  In  America Veteran  Recovery Program, that specifically assists in facilitating the identification and internment of unclaimed remains of American veterans.  (c) "national cemetery" means any cemetery under the  control  of  the United   States   department  of  veterans'  affairs  national  cemetery administration.  (d) "interment" shall have the meaning set forth in paragraph  (g)  of section fifteen hundred two of the not-for-profit corporation law.  (e) "disposition" means disposal of cremated remains by placement in a tomb,  mausoleum, crypt, niche in a columbarium or burial in a cemetery. Provided,  however,  for  the  purpose  of   this   section   the   term "disposition" shall not include the scattering of cremated remains.  (f)  "local  veterans'  service  agencies"  shall have the meaning set forth in section three hundred fifty-seven of the executive law.   2. A funeral director, undertaker or funeral firm which  has  held  in its  possession  cremated  remains for more than one hundred twenty days from the date of cremation may, in accordance  with  the  provisions  of this section, determine if such cremated remains are those of a veteran, and if so, may dispose of such remains as provided in this section.   3.  (a) Notwithstanding any law or regulation to the contrary, nothing in this section shall prevent a funeral director, undertaker or  funeral firm  from  sharing  information  with  the  United States department of veterans affairs (VA), a local veterans'  service  agency,  a  veterans' service  organization,  a national cemetery, or county veterans cemetery for the purpose of determining whether the cremated remains are those of a veteran.  (b)  A  funeral  director,  undertaker,  or  funeral  firm  shall   be discharged  from  any  legal  obligations  or  liability  with regard to releasing or sharing information to  the  United  States  department  of veterans  affairs,  the  local  veterans'  service  agencies,  veterans' service organizations, a national cemetery, or county veterans  cemetery pursuant to this section.   4. (a) Should a funeral director, undertaker or funeral firm ascertain the  cremated remains in its possession are those of a veteran, and they have not been instructed by the person in control of the disposition  of the  decedent  to  arrange  for  the  final  disposal or delivery of the  cremated remains, the funeral director, undertaker or funeral  firm  may dispose of the cremated remains or relinquish possession of the cremated remains to a veterans' service organization.  (b)  The  method  of  disposition  shall  be  made pursuant to section forty-two hundred two of this title in a  national  cemetery,  a  county veterans  cemetery,  a  section of a cemetery corporation where veterans are memorialized by a veteran's marker if eligible, a veterans'  section of  a  cemetery  corporation  or  a  veterans'  cemetery if the deceased veteran is eligible for interment in such a manner.   5. The funeral director, undertaker, funeral firm or veterans' service organization notwithstanding any law to the contrary, upon:  (a) disposing of cremated remains in accordance with the provisions of this section, shall be held harmless for any costs or damages, except if there is gross negligence or willful misconduct; and  (b) shall  be  discharged  from  any  legal  obligation  or  liability concerning the cremated remains.   6.  The  estate of the decedent shall be responsible for reimbursing a funeral  director,  undertaker,  funeral  firm  or   veterans'   service organization  for  all  reasonable  expenses incurred in relation to the disposition of such cremated remains.   7. A funeral director, undertaker or funeral firm shall establish  and maintain   a  record  identifying  the  veterans'  service  organization receiving the  cremated  remains  and  the  site  designated  for  final disposition of the cremated remains.   8.   Nothing  in  this  section  shall  require  a  funeral  director, undertaker or funeral firm to determine or seek others to determine that an individual's cremated remains are those of a veteran if  the  funeral director,  undertaker  or  funeral  firm  was  informed by the person in control of disposition that such individual was not  a  veteran,  or  to relinquish  possession  of  such cremated remains to a veterans' service organization if the funeral director, undertaker  or  funeral  firm  was instructed  by  such person in control, or had a reasonable belief, that the decedent did not desire any funeral or  burial-related  services  or ceremonies recognizing such decedent's service as a veteran.