2023 New York Laws › PBH - Public Health › Article 42 - Cadavers › Title 1 - Disposition › 4203 - Cremated or Naturally Organically Reduced Remains of a Veteran; Disposition.

§  4203.  Cremated  or  naturally  organically  reduced  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 or naturally organically
reduced 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 or naturally organically reduced 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  or  naturally organically reduced remains for
more than one hundred twenty days from the date of cremation or  natural
organic  reduction  may,  in  accordance  with  the  provisions  of this
section, determine if such cremated  or  naturally  organically  reduced
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  or naturally
organically reduced 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 or naturally organically reduced 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 or naturally organically reduced
remains, the funeral director, undertaker or funeral firm may dispose of
the cremated or naturally  organically  reduced  remains  or  relinquish
possession of the cremated or naturally organically reduced 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 or naturally organically reduced 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 or naturally organically reduced 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 or naturally organically reduced remains.
7. A funeral director, undertaker or funeral firm shall establish  and
maintain   a  record  identifying  the  veterans'  service  organization
receiving the cremated or naturally organically reduced remains and  the
site  designated  for  final  disposition  of  the cremated or naturally
organically reduced 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  or naturally organically reduced 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 or naturally organically reduced 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.