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Sponsors
No co-sponsors yet.
History
- Reported and committed to rules
- Reported and committed to finance
- Notice of committee consideration - requested
- Referred to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the commercial display of human remains
In Assembly Committee · Codes · Sponsor Brian Kavanagh
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to the commercial display of human remains
Purpose
To require a permit issued by the Health Department if human remains are to be displayed for a commercial purpose such as a museum or art exhibit.
Summary of provisions
Section 1: Legislative findings. This bill is necessary to protect public health and ensure that when human remains are displayed for commercial purposes that the remains are lawfully obtained.
Section 2: Adds a new section 43-D of the Public Health Law, relating to Commercial Display of Human Remains, which includes the following:
* Definition of terms.
*Prohibits the display of human remains for commercial purposes without first obtaining a permit from the Department of Health.
*Provides that the displays of human remains that meet any of the following criteria are exempt from the permit process: more than one hundred years old; consisting solely of teeth or hair; part of a funeral or memorial service: an object of religious veneration; in the possession of a museum facility; consisting of bodies for display prior to the effective date.
*Imposes a civil penalty not exceeding ten thousand dollars for each violation.
Section 3: Effective date.
Justification
Recently, an exhibit which displays plasticized bodies has been touring the country. The exhibit displays bodies that have been embalmed using a special process which permits the body to retain its shape and size. The bodies are displayed with the skin and some bones removed so that the human anatomy may be observed in different stages and different positions. Although the exhibit is considered educational and interesting entertainment by many, a question has arose about the origin of these bodies. While Article 43 of the Public Health Law regulates anatomical gifts, this law did not anticipate the display of human remains for commercial purposes. Therefore, this bill is necessary to ensure that the public health is protected and that the commercial display of human remains does not create new incentives for the theft of improper procurement of such remains. This bill requires that anyone wishing to exhibit human remains for commercial purposes in New York State apply for a permit through the Department of Health which would require the applicant to show a valid authorization for possession and display of each body. This law would ensure that each body displayed for commercial purposes is legally obtained. Also, the bill would insure that regulations involving anatomical gifts have been followed.
Legislative history
2008: S.7000A - Passed Senate; 2008: A10571A (Kavanagh) - Health
Fiscal impact on the state
Not yet determined.
Effective date
This act shall take effect on the ninetieth day after it shall become law; provided, however, that effective immediately the commissioner of the department of health is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement this act on its effective date, on or before such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.