§ 4203 — Cremated or naturally organically reduced remains of a veteran; disposition

New York § 4203

• Jurisdiction: New York
• Law PBH: Public Health
• Title 1: Disposition
• Art. 42: Cadavers

Text

§ 4203. Cremated or naturally organically reduced remains of a\nveteran; disposition. 1. As used in this section, the following terms\nshall have the following meanings:\n (a) "veteran" means a deceased person who:\n (i) served in the active military or naval service of the United\nStates; or\n (ii) served in active duty in a force of any organized state militia\nin a full-time status; or\n (iii) served in the reserve armed forces of the United States in\nactive duty; or\n (iv) was a recipient of the armed forces expeditionary medal, navy\nexpeditionary medal, marine corps expeditionary medal or global war on\nterrorism expeditionary medal; and\n (v) was released from such service otherwise than by dishonorable\ndischarge.\n (b) "veterans' service organization" means an association, corporation\nor other entity that qualifies under section 501(c)(3) or section\n501(c)(19) of the Internal Revenue Code as a tax-exempt organization\nthat has been organized for the benefit of veterans and recognized or\nchartered by the United States Congress, including, but not limited to\nthe Disabled American Veterans, the Veterans of Foreign Wars, the\nAmerican Legion and the Vietnam Veterans of America. The term also\nincludes a member or employee of an eligible non-profit veterans'\ncorporation, association or entity, such as the Missing In America\nVeteran Recovery Program, that specifically assists in facilitating the\nidentification and internment of unclaimed remains of American veterans.\n (c) "national cemetery" means any cemetery under the control of the\nUnited States department of veterans' affairs national cemetery\nadministration.\n (d) "interment" shall have the meaning set forth in paragraph (g) of\nsection fifteen hundred two of the not-for-profit corporation law.\n (e) "disposition" means disposal of cremated or naturally organically\nreduced remains by placement in a tomb, mausoleum, crypt, niche in a\ncolumbarium or burial in a cemetery. Provided, however, for the purpose\nof this section the term "disposition" shall not include the scattering\nof cremated or naturally organically reduced remains.\n (f) "local veterans' service agencies" shall have the meaning set\nforth in section three hundred fifty-seven of the executive law.\n 2. A funeral director, undertaker or funeral firm which has held in\nits possession cremated or naturally organically reduced remains for\nmore than one hundred twenty days from the date of cremation or natural\norganic reduction may, in accordance with the provisions of this\nsection, determine if such cremated or naturally organically reduced\nremains are those of a veteran, and if so, may dispose of such remains\nas provided in this section.\n 3. (a) Notwithstanding any law or regulation to the contrary, nothing\nin this section shall prevent a funeral director, undertaker or funeral\nfirm from sharing information with the United States department of\nveterans affairs (VA), a local veterans' service agency, a veterans'\nservice organization, a national cemetery, or county veterans cemetery\nfor the purpose of determining whether the cremated or naturally\norganically reduced remains are those of a veteran.\n (b) A funeral director, undertaker, or funeral firm shall be\ndischarged from any legal obligations or liability with regard to\nreleasing or sharing information to the United States department of\nveterans affairs, the local veterans' service agencies, veterans'\nservice organizations, a national cemetery, or county veterans cemetery\npursuant to this section.\n 4. (a) Should a funeral director, undertaker or funeral firm ascertain\nthe cremated or naturally organically reduced remains in its possession\nare those of a veteran, and they have not been instructed by the person\nin control of the disposition of the decedent to arrange for the final\ndisposal or delivery of the cremated or naturally organically reduced\nremains, the funeral director, undertaker or funeral firm may dispose of\nthe cremated or naturally organically reduced remains or relinquish\npossession of the cremated or naturally organically reduced remains to a\nveterans' service organization.\n (b) The method of disposition shall be made pursuant to section\nforty-two hundred two of this title in a national cemetery, a county\nveterans cemetery, a section of a cemetery corporation where veterans\nare memorialized by a veteran's marker if eligible, a veterans' section\nof a cemetery corporation or a veterans' cemetery if the deceased\nveteran is eligible for interment in such a manner.\n 5. The funeral director, undertaker, funeral firm or veterans' service\norganization notwithstanding any law to the contrary, upon:\n (a) disposing of cremated or naturally organically reduced remains in\naccordance with the provisions of this section, shall be held harmless\nfor any costs or damages, except if there is gross negligence or willful\nmisconduct; and\n (b) shall be discharged from any legal obligation or liability\nconcerning the cremated or naturally organically reduced remains.\n 6. The estate of the decedent shall be responsible for reimbursing a\nfuneral director, undertaker, funeral firm or veterans' service\norganization for all reasonable expenses incurred in relation to the\ndisposition of such cremated or naturally organically reduced remains.\n 7. A funeral director, undertaker or funeral firm shall establish and\nmaintain a record identifying the veterans' service organization\nreceiving the cremated or naturally organically reduced remains and the\nsite designated for final disposition of the cremated or naturally\norganically reduced remains.\n 8. Nothing in this section shall require a funeral director,\nundertaker or funeral firm to determine or seek others to determine that\nan individual's cremated or naturally organically reduced remains are\nthose of a veteran if the funeral director, undertaker or funeral firm\nwas informed by the person in control of disposition that such\nindividual was not a veteran, or to relinquish possession of such\ncremated or naturally organically reduced remains to a veterans' service\norganization if the funeral director, undertaker or funeral firm was\ninstructed by such person in control, or had a reasonable belief, that\nthe decedent did not desire any funeral or burial-related services or\nceremonies recognizing such decedent's service as a veteran.\n