N.Y. Public Health Law § 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.